Backup Documents 01/29/2008 R
Board of County
Commissioners
Regular
Meeting
BACK-UP
DOCUMENTS
January 29,2008
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
January 29, 2008
9:00 AM
Tom Henning, BCC Chairman Commissioner, District 3
Donna Fiala, BCC Vice-Chairman Commissioner, District 1; CRAB Chairman
Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman
Frank Halas, BCC 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."
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January 29, 2008
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Les Wicker, First Congregational Church of Naples
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and sununary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted with changes - 5/0
B. January 8, 2008 - BCC/EDC Workshop
Approved as Presented - 4/0 (Commissioner Coyle absent)
C. January 10,2008 - Value Adjustment Board Meeting
Approved as Presented - 4/0 (Commissioner Coyle absent)
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) William Craig, Water
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January 29, 2008
Not present
2) Kevin Hendricks, TECM
Presented
3) Russell Muller, Engineering Services
Presented
4) Juan Ortega, EMS
Presented
5) Judy Puig, CDES Administration
Presented
6) Marjorie Student-Stirling, County Attorney Office
Presented
7) Valerie Thorsen, EMS
Presented
B. 25 Year Attendees
1) Gregorio Flores, Utility Billing
Presented
2) Gary Hamm, Road and Bridge
Presented
4. PROCLAMATIONS
A. During the week of February 3-9, 2008, the Florida Division of Emergency
Management together with the National Weather Service and the Collier
County Bureau of Emergency Services will urge residents to take measures
to make themselves and their families better prepared for hazardous weather
conditions. To be accepted by Dan Summers, Emergency Management
Coordinator.
Adopted - 5/0
B. Proclamation for "Turn It Off Days! We're Counting Every Drop."
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January 29, 2008
To be accepted by Lynne Hixon-Holley.
Adopted - 5/0
5. PRESENTATIONS
A. Recommendation to recognize Christopher Atchley, Craftsman, Facilities
Management, as Employee of the Year for 2007.
Presented
B. Reconunendation to recognize Murdo Smith, Regional Manager, Parks and
Recreation, as Supervisor of the Year for 2007.
Presented
6. PUBLIC PETITIONS
A. Public petition request by Stephen D. Kreynus to discuss paving of Desoto
Road.
Presented and discussed
Withdrawn
B. Public petition request by Patrick White to discuss Orders Finding Violation
relating to property owned by Jerry and Kimberlea Blocker.
C. Public Petition request from Mr. Don Beach to discuss reserving library
meeting room.
Discussed
D. Public Petition Request from Leeanne W. Graziani regarding eminent
domain for Santa Barbara Boulevard.
Regarding Parcels 134, 135, & 136 - Discussed
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item reQuires that ex parte disclosure be provided bv Commission
Members. Should a hearinl! be held on this item. all participants are
reQuired to be sworn in. Recommendation to deny approval of Petition
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January 29, 2008
A VPLAT-2006-AR-10970, Lot 400, Indigo Preserve, to vacate the County's
and the Publics interest in a portion of a platted drainage easement running
through the westerly (rear) portion of Lot 400, Indigo Preserve, a
subdivision located in Section 27, Township 48 South, Range 26 East, as
recorded in Plat Book 40, Pages 54-57 of the Public Records of Collier
County, Florida, and being more particularly described in Exhibit A.
Motion to bring back on the February 26, 2008 BCC Meeting -
Approved 5/0
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2003-AR-3601,
Tim Hancock, of Davidson Engineering, Inc., requesting a rezone from
Rural Agricultural (A) with a provisional use for a church authorized by
Resolution #91-3 and the Neapolitan Park Planned Unit Development (PUD)
approved as Ordinance #90-6, to a new Conununity Facility Planned Unit
Development (CFPUD) district to be known as the New Hope Ministries
CFPUD. This project consists of 37.95 acres and will consist of expanding
the existing church facility. The property is located on the north side of
Davis Boulevard and east of Santa Barbara Boulevard at 7675 Davis
Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County
Florida.
Ordinance 2008-07 Adopted w/stipulations and accepting CCPC
recommendations - 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. This item to be heard at 10:00 a.m. Presentation by Andrea B. Sims of The
Waters-Oldani Executive Recruitment, a division of The Waters Consulting
Group, Inc., regarding candidates applying for County Attorney position.
Approval of the semi-finalists: Elaine Asad, Maria Chiaro, Gary
Glassman, Michael Hunt, Jeffrey Klatzkow, Julie Lee, Raymond Rea,
William Spillas, John Turner and David Weigel- Approved 5/0;
Ms. Sims will present final candidates at February 12, 2008 or February
26, 2008 BCC Meeting
B. Appointment of members to the Collier County Code Enforcement Board.
Resolution 2008-30: Appointing Edward L. Larsen and Re-appointing
Richard Kraenbring - Adopted 5/0
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January 29, 2008
C. Appointment of members to the Land Acquisition Advisory Committee.
Resolution 2008-31: Appointing William H. Poteet Jr. (w/waiver of term
limits), Anthony P. Pires, Jr., and Jeffrey S. Curl- Adopted 5/0
D. Appointment of members to the Development Services Advisory
Conunittee.
Motion to accept Committee's Recommendations - 2/3 Denied
(Commissioner Coyle, Commissioner Halas, and Commissioner Coletta
opposed);
Resolution 2008-32: Appointing Laura A. DeJohn and re-advertise for
the open position - Adopted 5/0
10. COUNTY MANAGER'S REPORT
A. Reconunendation to approve Exhibit E, Amendment #2 to Contract #06-
3914, Construction Management at Risk Services for the Collier County
Fleet Facilities with Wright Construction Corp. in the amount of
$9,272,848.00 for the Fleet Facility, Project #52009, Phase 3, which
includes the construction of the new Sheriffs Fleet Management Department
Facility and the replacement ofthe existing Fuel Facility that is shared by
both the County and Sheriffs Fleet Departments. (Hank Jones, Senior
Project Manager)
Resolution 2008-33 Adopted - 4/1 (Commissioner Coletta opposed)
B. This item to be heard at 2:30 p.m. Recommendation that the Board of
County Conunissioners approve the application by Inovo, Incorporated for
the Job Creation Investment Program and the Advanced Broadband
Infrastructure Investment Program and provide direction on the request by
the Economic Development Council of Collier County related to the
payment of an additional $1,000 per job for 49 existing jobs to be retained in
Collier County and the development of a Job Retention Program Ordinance
for future consideration by the Board of County Commissioners. (Amy
Patterson, Impact Fee/EDC Manager, Business Management & Budget
Department, CDES)
Approved - 5/0
C. Recommendation that the Board of County Conunissioners evaluate and
consider the Planning Commissions policy recommendation in support of
continually upholding the current progranunatic prohibition of Transfer of
Development Rights (TDR) severance from illegal Sending Land property
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January 29, 2008
within the Rural Fringe Mixed-Use District (RFMUD). (Joe Thompson,
Senior Planner, Comprehensive Planning, CDES)
Motion to accept CCPC's recommendations - Approved 3/2
(Commissioner Coletta and Commissioner Henning opposed)
D. Recommendation to adopt a Resolution of the Board of County
Commissioners of Collier County, Florida, to amend and clarify the
County's Stormwater Funding Policy; Funding of Storm water Management;
Findings and Purpose; Capital and Operating Budget; Definitions;
superseding Board Resolution No. 2005-115; and providing an effective
date. (Norman Feder, Transportation Services Administrator)
Continued to a future BCC Meeting - Approved 5/0
E. To provide the Board of County Commissioners with an update on petition
CPSP-2007-6, an amendment to the Potable Water Sub-Element of the
Public Facilities Element of the Growth Management Plan, to add reference
in Policy 1.7 to the proposed Collier County IO-Year Water Supply
Facilities Work Plan, in order to be consistent with the remedial
amendments to the Capital Improvement Element, Ordinance 89-05, as
amended; and to have the BCC authorize the Chairman to execute and
forward a letter to the Department of Community Affairs (DCA) in reference
to the adoption timeline of the aforementioned GMP amendment. (Randy
Cohen, Comprehensive Planning Director)
Approved - 5/0
F. This item to be heard at 3:00 p.m. Recommendation for the approval of
the fifth Conservation Collier Active Acquisition List and direction for the
County Manager or his designee to actively pursue projects reconunended
within the A-Category. (Alex Sulecki, Senior Environmental Specialist)
Motion to move Pepper Property to A-list - Approved 5/0;
Motion to accept Committee's recommendations w/changes:
Devisse moved to C list, 1-75 property moved to B list, Dyches property
moved to C list and Camp Keais moved to A list - Approved 5/0
Continued indefinitely
G. 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. This is a recommendation to approve for recording the final
plat of Mockingbird Crossing, approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the performance
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January 29, 2008
security. (Stan Chrzanowski, Senior Engineer)
H. Reconunendation that the Board of County Commissioners establish a
V oluntary Separation Incentive Program, empower the County Manager to
implement the program and authorize the Chairman to sign the enabling
Resolution. (Len Price, Administrative Services Administrator)
Resolution 2008-34 Adopted 5/0 (to include County Manager's agency
and the County Attorney's office)
I. Recommend Approval of Change Order #4 in the amount of $97, 186 on
Contract 05-3772 with Miles Media Group for enhancements to the Tourism
Department Website. (Jack Wert, Tourism Director)
Approved - 4/1 (Commissioner Coyle opposed)
Moved from Item #16E6
J. Recommendation that the Board of County Commissioners approves an
Agreement to provide a maximum expenditure of Fifty-Four Thousand
Dollars ($54,000) from the GAC Land Trust to the Golden Gate Fire Control
and Rescue District to purchase six weather stations.
Approved - 4/1 (Commissioner Coyle opposed)
Moved from Item #16F3
K. Recommendation to approve a $99,000 budget amendment for Fiscal Year
2008 to make up for a shortfall of funds due to the Collier County Board of
County Conunissioner's decision not to implement a proposed fee collection
structure for Emergency Management Services.
Motion to approve - Denied 2/3 (Commissioner Fiala, Commissioner
Henning and Commissioner Coyle opposed)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
A. To obtain Board approval for disbursements for the period of December 29,
2007 through January 04,2008 and for submission into the official records
of the Board.
Jim Mudd recommended to approve disbursements except for the 3.4
million dollar disbursement to the Clerk - Approved 5/0
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January 29, 2008
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mudd - email from Thomas Cannon re: fire consolidation
(3/18 Fire review Workshop
B. Mudd - Public petitions when having court litigation or active code
enforcement cases
C. Coyle - Investment policy of Government funds-would like to get an
assessment of year to year basis/month to month is better
D. Mudd - Mike Smykowski has given letter of resignation (last day will be
2/20/08)
E. Mudd - Letter from William Arthur with G.G. Community Center
Advisory Board - would like to have term limits changed to be longer
for advisory board (Sue Filson to work on getting the extension of all 2-
year term advisory boards to be 4-year terms - less advertising needed)
F. Coletta - TDR expiration date and bonus credits (Rural Fringe-2006
GMP cycle in March) - Bring back as an agenda item (Consensus)
G. Halas - Motion to Adjourn - Approved 5/0
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and/or Adopted with Changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Reconunendation that the Board of County Commissioners adopt a
Resolution pursuant to Section 288.106, Florida Statutes,
recommending that the Governors Office of Tourism, Trade and
Economic Development approve Inovo, Incorporated as a qualified
target industry business, confirming that the commitments oflocal
financing necessary to support this target industry are in place, and
appropriating a total of $25,600 as local participation in the Qualified
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January 29, 2008
Target Industry Tax Refund Program (QTI) for Fiscal Years 2009-
2012.
Resolution 2008-19
2) This is a reconunendation to grant final approval of the roadway
(private) and drainage improvements for the final plat of Heritage
Greens, the roadway and drainage improvements will be privately
maintained by the Heritage Greens Community Development District
Resolution 2008-20
3) Reconunendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Grey Oaks Unit Nineteen.
The roadway and drainage improvements will be privately
maintained.
Resolution 2008-21
Continued to the February 12, 2008 BCC Meeting
4) This item continued from the January 15. 2008 BCC Meetinl!.
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Majors Phase One, (Lely
Resort PUD), roadway and drainage improvements will be privately
maintained.
Continued to the February 12, 2008 BCC Meeting
5) This item continued from the January 15. 2008 BCC Meetinl!:.
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Majors Phase Two, (Lely
Resort PUD), roadway and drainage improvements will be privately
maintained.
Continued to the February 12, 2008 BCC Meeting
6) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Majors Phase Three, (Lely
Resort PUD), roadway and drainage improvements will be privately
maintained.
B. TRANSPORTATION SERVICES
1) Recommendation to obtain approval to convey a Construction,
Operation, and Maintenance Easement to Florida Power and Light
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January 29, 2008
Corporation (FPL) for the purpose of replacing power poles to
facilitate construction of the Gateway Triangle Stormwater
Improvements Phase I, Collier County Capital Project #51803.
($31,660.84)
To correct drainage problems in the US 41, Davis Boulevard and
Airport Pulling Road Triangle area
2) Recommendation to award Bid No. 08-5025 to Stahlman England
Irrigation Inc. for the Palm River Estates Unit 5 Imperial Golf Estates
Unit 4 Stormwater Improvements, Project Number 510 143 with the
base amount being $312,097.89, plus the alternative of $5,583.90, for
a total amount of $317,681.79.
Located within platted public drainage and utility easements for
stormwater improvements and maintenance
3) Reconunendation to approve and execute the attached five-year Joint
Participation Agreement (JP A) Contract Number AOW89 with
Florida Department of Transportation in the amount of$408,790,
including a local match of $204,395 for FY 2007/2008, to provide
Federal Pass-through Section 5311 operational, administrative and
managerial funding for the provision of public transportation services
in Collier County's non-urbanized areas as identified in Collier
County's annual grant application on file with the Florida Department
of Transportation.
Resolution 2008-22
4) Reconunendation to approve and execute the attached five-year Joint
Participation Agreement (JP A) with Florida Department of
Transportation in the amount of $804,464, under State Transit Block
Grant Program Contract Number AOW93 providing for State funding
for eligible Collier County public fixed-route transit operational and
capital expenses in the amount of $402,232 as well as a FY2007-2008
local match in the amount of$402,232.
Resolution 2008-23
5) Reconunendation to approve an Agreement for the donation of school
property required to construct improvements to Oil Well Road.
Project #60044. (Estimated fiscal impact $208.50)
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January 29, 2008
For traffic improvements at Corkscrew Elementary School,
Corkscrew Middle School and Palmetto Ridge High School
6) Recommendation to approve award of Bid #07-4195, Traffic
Operations Signal Components to multiple vendors. (item-by-item
basis)
To Temple, Inc., Engineered Castings, Traffic Products, Inc.,
Mayer Electric Supply, Cohu, Inc., World Electric Supply and
Transportation Control Systems
7) Recommendation to award Contract(s) #07-4168, Fixed Term
Professional Environmental Consulting Services to the following
firms: Johnson Engineering, Inc., Passarella and Associates, Inc. and
Scheda Ecological Associates, Inc. Estimated annual contract amount
is $500,000.
For use on multiple projects without issuing individual requests
for proposals (RFP)
8) Reconunendation to approve selection ofPBS&J Inc., a qualified firm
and award a Contract Under RFP #07-4174, FPL Trail Feasibility
Study in Collier and Lee Counties, for Project Number 601203 in the
total amount of$307,61O.00 available in the Transportation Supported
Gas Tax Fund 313, FPL Trail Feasibility Study, Project #601203.
Focusing on a 12-foot area of the proposed new pathway plan
area from Orangetree to the CREW Trust Lands near
Corkscrew Road
9) Reconunendation to recognize and accept revenue for Collier Area
Transit in the amount of $7,000 and to approve needed budget
amendments.
From Exceptional Innovation, LLC to encourage the use of public
transportation
10) Recommendation that the Board of County Commissioners approve a
Resolution certifying the dedication and acceptance of a portion of
Westclox Street, west of Carson Road, in Immokalee, to Collier
County pursuant to Section 95.361, Florida Statutes, by virtue of the
County's continuous and uninterrupted maintenance of the roadway,
and authorize the filing of the appropriate map(s) with the Clerk of the
Circuit Court.
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January 29, 2008
Resolution 2008-24
11) Recommendation to award Bid #08-5033 Inunokalee Road
Streetscape Beautification Project to Vila & Son in the amount of
$827,769.56 with 10% contingency of$82,776.96 for a total of
$910,546.52. (Project #660424)
Scheduled to begin April 15, 2008
C. PUBLIC UTILITIES
1) Recommendation to approve the acquisition ofa 3,000 square foot
Utility Easement near the southwest corner of389l White Boulevard
for a public water supply well site easement, at a total cost not to
exceed $14,900, Project Number 701582.
To maintain the sustainability of the Golden Gate Wellfield
2) Reconunendation to approve the acquisition of additional easement
area for an Access Easement to Lift Station 302.09 at a total cost not
to exceed $4,520, Project Number 730841.
Located off of Rattlesnake Hammock Road for property occupied
by St. Peter the Apostle Church
3) Reconunendation to approve, execute and record a Satisfaction of a
Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal
impact is $18.50 to record the Satisfaction of Lien.
Folio #00253600008
4) Reconunendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1992,
1994, 1995, and 1996 Solid Waste Collection and Disposal Services
Special Assessment. Fiscal impact is $98.50 to record the
Satisfactions of Lien.
Resolution 2008-25
5) Recommendation to approve a budget amendment for $11,446,766.41
to transfer funds for South County Regional Water Treatment Plant
(SCRWTP) Well field Expansion project 708921 Water Impact Fee
Capital Projects Fund to a 2006 Revenue Bond Proceeds Fund.
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January 29, 2008
For timely payment of invoices by using available cash instead of
borrowing money from an alternate source
D. PUBLIC SERVICES
1) Reconunend to approve Resolution 2008- which supersedes
Resolution 2007-33 to increase the annual, non-resident beach parking
permit to $50.
Resolution 2008-26
2) Reconunend Approval of Budget Amendment moving $2,161.50 from
Beach Access Landscape Project 902942 and $112,000.00 from
Vanderbilt Beach Walkway Project 900921 within Beach Park
Facilities Capital Fund 183 for a total of $114, 161.50 to be placed in
the Vanderbilt Pedestrian Access No.3 Walkway. (Project 900451)
To fund the cost of construction for public beach access
3) Recommendation to approve a $374,407.54 budget amendment to
fund the construction of a Boat Ramp at the Golden Gate Conununity
Park, Project 800317.
4) Reconunendation that the Board of County Conunissioners approves,
and authorizes the Chairman to sign, a lien agreement with Erika
Trinidad (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 20,
Liberty Landing, Inunokalee.
Impact Fee deferral in the amount of $12,442.52
5) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Verdieu
Petit Homme and Marie L. Petit Homme (Owners) for deferral of
100% of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 11, Liberty Landing, lmmokalee.
Impact Fee deferral in the amount of $12,442.52
6) Approve change order #10 in the amount of$35,945.00 for additional
construction administration, SFWMD well permit and modeling
study, site visits by electrical engineer, reduced water meter size, pool
lighting & night use certification and one year warranty inspection to
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January 29, 2008
contract #99-2947, Implementation of a Master Plan for the North
Naples Regional Park.
Project No. 80602
7) Reconunendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Marie
Mongene (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 26, Trail
Ridge, East Naples.
Impact Fee deferral in the amount of $19,372.52
8) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Begerl
Chery and Mirna Chery (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 28, Trail Ridge, East Naples.
Impact Fee deferral in the amount of $19,372.52
9) Reconunendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Guerline
Fanfan (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 21, Trail
Ridge, East Naples.
Impact Fee deferral in the amount of $19,372.52
10) Recommendation that the Board of County Conunissioners approves,
and authorizes the Chairman to sign, a lien agreement with Juliette St
Hilaire (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 31, Trail
Ridge, East Naples.
Impact Fee deferral in the amount of $19,372.46
11) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Gasner
Andre and Mathilde Andre (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 158, Trail Ridge, East Naples.
Impact Fee deferral in the amount of $19,372.46
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January 29,2008
12) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Ricardo
Blanco and Anita Blanco (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 13, Block 6, Naples Manor Lakes, East Naples and
authorizes a reimbursement of the fees paid by Habitat for Humanity
of Collier County, Inc. on Building Permit 2007041984.
Impact Fee deferral in the amount of $26,204.83
13) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Adiel
Soler and Mirna Navarro (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 159, Trail Ridge, East Naples.
Impact Fee deferral in the amount of $19,372.46
14) Reconunendation that the Board of County Conunissioners approves,
and authorizes the Chairman to sign, a lien agreement with Dugue J.
Grand Jean and Yolene Grand Jean (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 157, Trail Ridge, East Naples.
Impact Fee deferral in the amount of $19,372.46
15) Reconunendation that the Board of County Conunissioners approves,
and authorizes the Chairman to sign, a lien agreement with Esteban
Racero Jimenez and Maria Gamez (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 23, Trail Ridge, East Naples.
Impact Fee deferral in the amount of $19,372.52
16) Reconunendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jean
Eltinor (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 15,
Liberty Landing, Immokalee.
Impact Fee deferral in the amount of $12,442.52
17) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Dollie
Gallegos (Owner) for deferral of 100% of Collier County impact fees
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January 29, 2008
for an owner-occupied affordable housing unit located at Lot 14,
Liberty Landing, Immokalee.
Impact Fee deferral in the amount of $12,442.52
18) Present to the Board of County Conunissioners a summary of the
Impact Fee Deferral Agreements reconunended for approval in FY08,
including the total number of Agreements approved, the total dollar
amount deferred and the balance remaining for additional deferrals in
FY08.
As detailed in the Executive Summary
19) To recognize that there is no funding requirement for the Inter-local
Agreement for multi-county Agricultural Extension Agents and the
$30,000 allocation to fund this agreement will be utilized to assist in
meeting budget reductions for the Collier County University
Extension department.
Due to the diminishing number of qualified extension agents
20) Recommendation to approve an Agreement for Sale and Purchase to
acquire a residential lot for expansion of parking facilities for the
County's Bayview Park at a cost not to exceed $264,700, Project
800603.
Located at 1828 Danford Street
21) Recommendation to approve an lnterlocal Agreement with the District
School Board of Collier County for leasing approximately three (3)
acres ofland adjacent to Elementary School K and approve a budget
amendment for $400,000 from Parks and Recreation Fee Fund (346)
for Project #800911.
On Westclox Street in Immokalee for a lease period of ten years
22) Reconunendation to approve an Interlocal Agreement with the District
School Board of Collier County for leasing approximately three acres
(3) of land adjacent to Elementary School J and approve necessary
budget amendment of$400,OOO from Parks and Recreation Impact
Fee Fund (346) for Project #80090 I.
On Everglades Boulevard for a lease period of ten years
E. ADMINISTRATIVE SERVICES
Page 17
January 29, 2008
1) Reconunendation to award RFP #07-4148, Security Services &
Equipment agreement between Collier County and Johnson Controls,
Inc. on an as-needed basis. (Not to exceed $150,000 per year)
For an initial two year contract period
2) Reconunendation to ratify additions to and a deletion from the 2008
Fiscal Year Pay and Classification Plan made from October 2, 2007
through December 31, 2007.
3) Report and ratify Property, Casualty, Workers Compensation and
Subrogation Claims settled and/or closed by the Risk Management
Director pursuant to Resolution #2004-15 for the first quarter of FY
08.
As detailed in the Executive Summary
4) Reconunendation to approve an Agreement for Sale and Purchase
with Raymond Bennett and Terry Bennett for 1.14 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $27,820.
Golden Gate Estates Unit 65 and part of the Winchester Head
Multi-Parcel Project
5) Recommendation to approve a Lease Agreement with Collier
Mosquito Control District for antenna space upon a County-owned
conununications tower.
Located at 312 Stockade Road in Immokalee for an initial lease
term of five years at $1,200 annually
Moved to Item #10J
6) Reconunendation that the Board of County Conunissioners approves
an Agreement to provide a maximum expenditure of Fifty-Four
Thousand Dollars ($54,000) from the GAC Land Trust to the Golden
Gate Fire Control and Rescue District to purchase six weather
stations.
F. COUNTY MANAGER
1) Recommendation to approve a Resolution providing for user fees for
Collier County ambulance services, billing and collection procedure,
hospital transport billing and up-dated fees to generate revenues of
Page 18
January 29, 2008
approximately $103,750 which will help offset an anticipated shortfall
for the FY 08 budget, adjustments of EMS user fees pursuant to
Collier County Ordinance No. 96-36, waiver of EMS user fees for
special events, and a procedure for approving hardship cases and
payment plans; superseding Resolution No. 07-192; and providing for
an effective date.
Resolution 2008-27
2) That the board of County Commissioners, as the governing board of
the Ochopee Fire Control District, adopt a resolution accepting a
donation in the amount of $9,0 14.31, and any subsequent
distributions, from the estate and/or trust of Della E. Reynolds on
behal f of the Ochopee Fire Control District.
Resolution 2008-28
Moved to Item #10K
3) Reconunendation to approve a $99,000 budget amendment for Fiscal
Year 2008 to make up for a shortfall of funds due to the Collier
County Board of County Commissioner's decision not to implement a
proposed fee collection structure for Emergency Management
Services.
4) Reconunendation to approve a Certificate of Public Convenience and
Necessity for NCH Healthcare System for non-emergency ambulance
service and approve a budget amendment recognizing and
appropriating the $250 annual renewal fee.
Pursuant to Collier County Ordinance 2004-12
5) Approve budget amendments.
Final grant payment to Naples Botanical Garden (BA-#08-113)
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Reconunendation for the CRA to approve a memorandum of
understanding between the CRA and Bayshore Cultural Arts (BCA)
for a non-exclusive use of Bayshore Gateway Triangle CRA office
space for BCA operations; to authorize the CRA Chairman to sign;
and to accept a BCA additional insured certificate of insurance for the
CRA.
Page 19
January 29, 2008
For office space located at 2740 Bayshore Drive
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. Will attend Inunokalee Rotary
Spaghetti Dinner, February 8,2008. $100.00 to be paid from
Commissioner Coletta's travel budget.
Held at the First United Methodist Church in Immokalee
2) Conunissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. Will attend the ULI 11 th Annual
Winter Institute on the Gulf & Pathfinder Awards Ceremony,
February 21,2008. $65.00 to be paid from Commissioner Coletta's
travel budget.
Held at Naples Hilton & Towers, 5111 Tamiami Trail
3) Conunissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. Will attend Cub Scout Wolf Pack #210
Awards Dinner, February 21, 2008. $20.00 to be paid from
Commissioner Coletta's travel budget.
Held at Corkscrew Elementary School
4) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
Leadership Collier Alumni Challenge Celebration on Tuesday,
February 5, 2008, at the home of Todd and Angela Gates; $150.00 to
be paid from Commissioner Fiala's travel budget.
Located at 178 Eugenia Drive, Pine Ridge Estates
5) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Naples Press Club First "Insider Breakfast of 2008" on Thursday,
January 24,2008, at the Bellasera Hotel; $12.00 to be paid from
Commissioner Fiala's travel budget.
Located at 221 9th Street South, Naples
6) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended The
58th Annual ENCA Banquet on Monday, January 21,2008, at Naples
Page 20
January 29, 2008
Lakes Country Club; $35.00 to be paid from Conunissioner Fiala's
travel budget.
Located at 4784 Inverness Club Drive, Naples
7) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
Marco Island YMCA Stan Gober's Roast on Thursday, March 20,
2008, at the Marco Marriott Resort; $150.00 to be paid from
Commissioner Fiala's travel budget.
Located at 400 South Collier Boulevard, Marco Island, Florida
8) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend the
Marco Island League Buccaneers Bash on Tuesday, January 29,2008,
at the Marco Island Yacht Club; $50.00 to be paid from
Commissioner Fiala's travel budget.
Located at 1400 North Collier Boulevard, Marco Island, Florida
9) Reconunendation for the Board of County Commissioners to approve
filling a vacant position in the Board's Office as an exception to the
current policy to not fill open or vacated general fund positions.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of January
05,2008 through January 11,2008 and for submission into the official
records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to approve an Agreed Order for Payment of Expert
Fees in connection with Parcel 134 in the lawsuit styled Collier
County, Florida v. First National Bank of Naples, Inc., et a!., Case No.
04-3587-CA (Immokalee Road Project No. 66042). (Fiscal Impact:
$51,000.00)
Page 21
January 29, 2008
2) Reconunendation to approve a settlement agreement in the lawsuit
entitled Virginia Devisse v. Board of County Commissioners, et a!.
filed in the Twentieth Judicial Circuit in and for Collier County,
Florida, Case No. 05-807-Ca.
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. Petition: RZ-2006-AR-
10422 Myers Enterprises of Naples, LLC, represented by Tm Hancock of
Davidson Engineering., Myers Enterprises, request a rezone from the
Industrial (I) zoning district to the Commercial district (C-4) for a 1.83 acre
project known as Naples Mazda. The property is located on Southwest
Corner of Airport Road and J & C Boulevard in Section 11, Township 49
South, Range 25 East, Collier County, Florida.
Ordinance 2008-03
B. Recommendation to approve Remedial Amendments to the Capital
Improvement Element of the Growth Management Plan, Ordinance 89-05,
as amended, as set forth in the Compliance Agreement between the
Department of Conununity Affairs and Collier County, including
Petitioners-in-Intervention, and to transmit these Amendments to the Florida
Department of Community Affairs.
Ordinance 2008-04
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: PUDZ-2007-
AR-11121, Chestnut Ridge, LLC, represented by William Hoover, of
Page 22
January 29, 2008
Hoover Planning and Development, Inc., is requesting a rezone of a 6.01-
acre site from the Estates (E) Zoning District to the Mixed-Use Planned Unit
Development (MPUD) Zoning District for a project known as Chestnut
Place MPUD to allow 24,000 square feet of commercial and/or office space
and 6,000 square feet of institutional space for property located at the
southeast corner ofImmokalee Road (CR-846) and Everglades Boulevard on
tracts 113 and 114, in Section 29, Township 47 South, Range 28 East, of
Collier County, Florida.
Ordinance 2008-05
D. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2007-AR-12232
John Hamilton, represented by Michael T. Traficante, Esq., requesting an
after-the-fact Variance of approximately 1.4 feet. The 0.13-acre site contains
a single-family dwelling with a 3.6-foot side yard setback instead of the 5-
foot setback required when the house was constructed in 1973. The subject
site is located at 85 Shores Avenue, in Section 22, Township 48 South,
Range 25 East, Collier County, Florida.
Resolution 2008-29
E. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-05-AR-84 I 6
Pezzetino di Cielo RPUD, Distinctive Residential Development at
Livingston, LLC, represented by D. Wayne Arnold, AICP, ofQ. Grady
Minor and Associates, P.A. and Richard Yovanovich, Esquire, of Goodlette,
Coleman and Johnson, P.A., request a rezone from the Agricultural (A)
zoning district to the Residential Planned Unit Development (RPUD) zoning
district for project known as Pezzetino Di Cielo RPUD. The subject
property, consisting of 17.52 acres, is located on the east side of Livingston
Road, approximately 4.5 miles north ofImmokalee Road and 5 miles south
of the Lee County Line, Section 12, Township 48 South, Range 25 East,
Collier County, Florida.
Ordinance 2008-06
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 23
January 29, 2008
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
Januarv 29. 2008
Item 3A1: William Craig will not be in attendance to receive his 20-year service award. (Staff's
request.)
Item 4A: To be accepted by Dan Summers, Emergency Management Coordinator. (Staff's
request.)
Withdraw Item 6B: Public petition request by Patrick White to discuss Orders Finding Violation
relating to property owned by Jerry and Kimberlea Blocker. (Petitioner's request.)
Items 10A. 17A and 17C: The documents in the agenda backup have the incorrect
Commissioner's name on the approval line. They should read: "Commissioner Tom Henning,
Chairman". (Staff's request.)
Item 10G continued indefinitelv: This is a recommendation to approve for recording the final plat
of Mockingbird Crossing, approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security. (Petitioner's request.)
Item 101: Replace the signature page for Miles Media Group Change Order #4 to add the County
Commission Chairman and Clerk of the Court attest signature blocks. Also, the Recommendation
on the Executive Summary for Miles Media Change order #4 should read: "Approve Change
Order #4 for $97,186.00 on Contract 05-3772 with Miles Media Group for enhancements to the
Tourism website to include a Web Side Story tracking program, Google maps, Blueway Website
Phase 2, E-blast program, and other necessary enhancements and upgrades and to authorize the
Chairman to execute the Change Order and subsequent contract amendment to extend the term
an additional two years after approval by the County Attorney's Office." (Staff's request.)
Item 16A4 continued to the Februarv 12. 2008 BCC meetina: Recommendation to grant final
approval of the roadway (private) and drainage improvements for the final plat of Majors Phase
One, (Lely Resort PUD), roadway and drainage improvements will be privately maintained.
(Staff's req u est.)
Item 16A5 continued to the February 12. 2008 BCC meetina: Recommendation to grant final
approval of the roadway (private) and drainage improvements for the final plat of Majors Phase
Two, (Lely Resort PUD), roadway and drainage improvements will be privately maintained.
(Staff's request.)
Item 16A6 continued to the February 12. 2008 BCC meetina: Recommendation to grant final
approval of the roadway (private) and drainage improvements for the final plat of Majors Phase
Three, (Lely Resort PUD), roadway and drainage improvements will be privately maintained.
(Staff's request.)
Move Item 16E6 to 10J: Recommendation that the Board of County Commissioners approve an
agreement to provide a maximum expenditure of fifty-four thousand dollars ($54,000) from the
GAC Land Trust to the Golden Gate Fire Control and Rescue District to purchase six weather
stations. (Commissioner Coyle's request.)
Move Item 16F3 to 10K: Recommendation to approve a $99,000 budget amendment for Fiscal
Year 2008 to make up for a shortfall of funds due to the Collier County Board of County
Commissioners decision not to implement a proposed fee collection structure for Emergency
Management Services. (Commissioner Coyle's request.)
Item 16F4: Additional backup information for this item has been distributed and made available
for review. (Staffs request.)
Item 16K2: A slightly revised executive summary and supporting documents have been provided
to replace the executive summary and supporting documents appearing in the published agenda.
Clarifications were made to the Executive Summary and legal sufficiency revisions are indicated
in the attachments to the Settlement Agreement. Exhibit A to the Termination of Easements
Document is also to be included as an attachment to Exhibit A to the Settlement Agreement.
(Staff's request.)
Item 17 A: The following verbiage in the first paragraph of "Exhibit B" is to be removed: "1. Any
approval by the Collier County Planning Commission must be subject to the adoption of the
companion small scale comprehensive plan amendment, a finding of "in compliance" by the
Department of Community Affairs (DCA) of said amendment, and the running of the time in which
an affected person can file a challenge to the DCA finding." (Staff's request.)
Time Certain Items:
Item 9A to be heard at 10:00 a.m. Presentation by Andrea B. Sims of The Waters-Oldani Executive
Recruitment, a division of The Waters Consulting Group, Inc.
Item 10B to be heard at 2:30 p.m. Recommendation that the Board of County Commissioners
approve the application by Inovo, Incorporated for the Job Creation Investment Program and the
Advanced Broadband Infrastructure Investment Program and provide direction on the request by
the Economic Development Council of Collier County related to the payment of an additional
$1,000 per job for 49 existing jobs to be retained in Collier County and the development of a Job
Retention Program Ordinance for future consideration by the Board of County Commissioners.
Item 1 OF to be heard at 3:00 p.m. Recommendation for the approval of the fifth Conservation
Collier Active Acquisition List and direction for the County Manager or his designee to actively
pursue projects recommended within the A-Category.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
PROCLAMA rION
. , 4A
over the last three years Collier County residents have been
exposed to major weather hazards including hurricanes, tornadoes,
wildfires, severe thunderstorms with lightening, flooding, and
deadly rip currents; and.
severe weather conditions have claimed the lives of hundreds of
Floridians and resulted in billions of dollars in damage; and,
during the week of February 3-9, 2008, the Florida Division of
Emergency Management together with the National Weather
Service and the Collier County Bureau of Emergency Services will
urge residents to take measures to make themselves and their
families better prepared for hazardous weather conditions; and.
Severe Weather Awareness Week aims to promote weather safety,
increase public awar~n~2l" li'lf!rove preparedness, and reduce the
occurrence of ctept~ aprt'/njqryas a of weather conditions;
and. . ~.. '"
being prepa.IJ~~/(/~/udes creating an emergency. s..upply. kit containing
','. ..... ......... ,,"''':\'' .." "">"/0J6\>f\~'i<"
itemsthat'will;allow you and your family,t~\{~"~'t.W': at least
three days in the eVlfnt of a'!lf(TllfrI1encY,deve!oping a plan that
addresses sheltering in pl,!ce .01' evacuating the arlfa;<~.ta;ying
....."... ..... .....: ..f ',' ". .. ,'............f.'''.......g.......;
informed about different threats that could affe' ."
.../<....... ,-' ...: ,,' ........ '-".. ~
community, and getting involved bytr;ainingjn fir, ,.
emergency response.
NOW THEREFOR~ ,kelt proclaiTed by the Board of County ~~QJ~fMjrers of
. Col/Jer..fo.u.nty,Flor.kia, that the.lf{lfek of FebruqqYf~r/f?;;2008, be
designated as .' .
SEVERE WEATHER AWARENESS
DONE AND ORDERED THIS
ATTEST:
GW."'."l \ . .'
... ;".. ;';":"""" .,~;,.,.
w",^ .Iii' .".. .,.1-.,., ,
" ',... .. "/~ ..-,_.', ,~.,., ,'" ...... "","". .,
DWIGHnE BROCK, CLERK
PROCLAMA TION
48
WHEREAS, there is an ongoing drought more severe than any other for the past 100
years in Collier County: and.
WHEREAS, the South Florida Water Management District, a district of the State of
Florida Water Management Office, declared Collier County to be under
Phase III water restriction usage described as severe, to be enforced
January 15. 2008: and.
WHEREAS, the Naples Womans Club, a non-profit organization, active in the County
and the Greater Naples Community for over 75 years and having engoged in
community improvement activities, fostering cultural opportunities and
philanthropic endeavors since 1932: and.
WHEREAS, the Naples Womans Club has been vitally instrumental in the community
acquiring a free library, Youth Haven, the Chamber of Commerce, the
Thrift Shop and aiding as volunteers in many other capacities: and.
WHEREAS, the Naples Womans Club has joined in a community-wide effort of various
organizations as water conservation partners to bring the water shortage
and use to an acute awalWMSs and has devised a plan: and.
WHEREAS, the plan is to hallfl the entire COUl/ty join in a Water Days Experiment on
Tuesday, FBbruary 1Jf" and Wednesday, February 2f1". In those 48 hours
it is requestwl thDt all residents, visitors and worIc.rs engoge in using all
water ctlllServation tips intensely, to show that such efforts do make a
diffel'WlU: and,
WHEREAS, county and city water authorities have the personnel and desire to monitor
the potable water usage before, during and after the two day intense water
conservation efforts and to calculate on a percentage per capita basis which
entity, the county, Naples, Marco or Everglades has sallfld the most water
and be the winner of the Water Days Experiment entitled. Turn It Off!
Were Counting Every Drop: and.
WHEREAS, all in ColI;.r County are invited to be players in our own water Olympics.
Can the citizenry make a differell&e that will register a decrease in the
monitored usage?
NOW THEREFORE, be it proclaimed by the Board of CiXlnty Commissioners of Collier
County, Florida, that the games begin at 12:01 a.m. Tuesday, February
1 Jf" and end 48 hours later and shall be designated as
TURN IT OFF DA YS/ WE'RE COUNTING EVERY DROP
DONE AND ORDERED THIS 29th Day of January, 2008.
BOARD OF COLlNTY COMMISSIONERS
COLLIER COLlNn' FLORIDA
ATTEST:
'r.1ak~,VJ...... k -
DWIG. E. BROCK, CLERK
~8Br
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
....................**..........**.............................................-....................-
Originating Deptl Div: CommDev.S<rv./Planning Person: Melissa Zone 1<3 Date: I (If ( 0 '6
Petition No. (If none, give brief description): PUDZ-2003-AR-360I, New Hope Ministries pun
Petitioner: (Name & Address): William L. Hoover, AICP, Hoover Planning & Development, Inc.,3785 Airport Road. North,
Suite B-1, Naples, FL 34105
Name & Address of any person(s) to be not!~ied by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCe
BZA
Other
Requested Hearing date:
January 29. 2008
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: PUOZ-Z003-AR-360l, William L. Hoover,
AICP, of Hoover Planning and Development, Inc., requesting a rezone from "A" Rural Agricultural formally approved with
provisional use "c" by Resolution #91.3 now known as conditional use u7" and the Neapolitan Park "PUD" Planned
Unit Development approved as Ordinance #90-6, to a new .'PUD" Planned Unit Development district to be known as the
New Hope Ministries PUD. This project will consist of expanding existing church facility and adding educational facilities. The
property to be considered for this rezone is located on the north side of Davis Boulevard and east of Santa Barbara Boulevard at
7675 Davis Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County Florida. This property consists of
37.95;:1: acres.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
131-138326-649100
No If Yes, what account should be charged for advertising costs:
RJ:::n V'n . ~ I /; /o~
J"Department Head Date .
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BeC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: [f legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney berare submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
8. Other hearings: Initiating Division hed to approve and submit original to Clerk's Office, retaining a copy for file.
.....................................................................................................
FOR CLERK'S OFFICE USE ONLY: . I ~A /""
Date Received: ~ Date 01 Public hearing: ~ Date Advertised: ~ ~
88
ORDINANCE NO. 08 -_
AN ORDINANCE OF TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA.
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA TO AMEND THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
SUBJECT REAL PROPERTY FROM RURAL
AGRICULTURAL (A) ZONING DISTRICT (APPROVED WITH
A PROVISIONAL USE FOR A CHURCH BY RESOLUTION
NUMBER 91-3) AND THE NEAPOLITAN PARK PLANNED
UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO A
CFPUD ZONING DISTRICT TO BE KNOWN AS THE NEW
HOPE MINISTRIES CFPUD LOCATED ON THE NORTH SIDE
OF DAVIS BOULEVARD (CR.84) AND EAST OF SANTA
BARBARA BOULEVARD, IN SECTION 4, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 37.95010 ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 90-6, AS AMENDED,
THE NEAPOLITAN PARK PUD; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Tim Hancock, of Davidson Engineering, Incorporated. representing New Hope
Ministries, Incorporated. petitioned the Board of County Commissioners to change the zoning
classification of the subject real property as part of Petition PUDZ-2003-AR-3601.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORJDA, that:
SECTION ONE'
The zoning classification of the herein described real property located in Section 4, Township 50
South, Range 26 East, Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District
with an approved provisional use for a church by Resolution Number 91-3 and the Neapolitan Park
Planned Unit Development (POO) Zoning District to a Community Facility Planned Unit Development
(CFPUD) Zoning District for a project to be known as the New Hope Ministries CFPUD in accordance
with the CFPUD Document attached hereto as Exhibit A and incorporated by reference herein. The
appropriate zoning atlas map or maps, as described in Ordinance Number 04~41, as amended, the Collier
County Land Development Code, is/are hereby amended accordingly.
SECTION TWO'
Ordinance Number 90-6. as amended, known as the '"Neapolitan Park" PUD. adopted on January
23,1990, by the Board of County Commissioners or Collier County, is hereby repealed in its entirety.
SECTION THREE'
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this _ day of
.2008.
-1-
A lTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
."88
BY:
, CHAIRMAN
Deputy Clerk
Approved as to F ann
and Legal Sufficiency
~
r(\'rf<' Marjorie Student-Stirling
Assistant County Attorney
- 2-
January 4, 2008
Altn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-2003-AR-3601, New Hope Ministries pun
Dear Legals:
Please advertise the above referenced notice on Sunday, January 13, 2008, and kindly send the
Affidavit of Publication, in duplicate, together with charges involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O./Account # 131-138326-649100
8B
SBlq'",
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, January 29, 2008, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA TO AMEND THE APPROPRIATE ZONING ATLAS MAP
OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT REAL
PROPERTY FROM RURAL AGRICULTURAL (A) ZONING DISTRICT (APPROVED
WITH A PROVISIONAL USE FOR A CHURCH BY RESOLUTION NUMBER 9l-3)
AND THE NEAPOLITAN PARK PLANNED UNIT DEVELOPMENT (PUD) ZONING
DISTRICT TO A CFPUD ZONING DISTRICT TO BE KNOWN AS THE NEW HOPE
MINISTRIES CFPUD LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD
(CR-84) AND EAST OF SANTA BARBARA BOULEVARD, IN SECTION 4,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 37.95 +/- ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 90-6, AS AMENDED, THE NEAPOLITAN PARK PUD; AND
PROVIDING AN EFFECTIVE DATE.
Petition PUDZ-2003-AR-360l, William L. Hoover, AICP, of Hoover
Planning & Development, Inc., requesting a rezone from the nA" Rural
Agricultural formally approved with provisional use nc" by Resolution
#91-3 now known as conditional use n7" and the Neapolitan Park npUD"
Planned Unit Development approved as Ordinance #90-6, to a new npUD"
Planned Unit Development district to be known as the New Hope
Ministries PUD. This project will consist of expanding existing church
facility and adding educational facilities. The property to be
considered for this rezone is located on the north side of Davis
Boulevard and east of Santa Barbara Boulevard at 7675 Davis Boulevard,
in Section 4, Township 50 South, Range 26 East, Collier County
Florida. This property consists of 37.95 +/- acres.
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
~8B
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
-fuWlty of Collier
L_
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY d:OURT~OUSE
3301 T AMIAMI1(RAIL EAST
P.O. BOX 413044,
NAPLES, FLORIDA~1j(}J-30~4
..
8 B 'r ,~~ r .
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 4, 2008
Hoover Planning & Development, Inc.
William L. Hoover, AICP
3785 Airport Road North
Suite B-1
Naples, FL 34105
Re: Notice of Public Hearing to consider Petition
PUDZ-2003-AR-3601: New Hope Ministries PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Conunissioners on Tuesday, January 29, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK,
~
Martha Vergara,
Deputy Clerk
Enclosure
Fax- (239) 775-2755
Email-collierclcrk(a)cIerk.collier.t1.us
Phone- (239) 732-2646
Website- www.clerk.collier.t1.us
8a
Martha S. Vergara
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday, January 07, 2008 10:28 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT57151.txt; PUDZ-AR-2003-3601 - New Hope Ministries PUD
E
L.2J
ATT57151.txt (231 PUDZ-AR-2003-360
B) 1 - New Hope M...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
Page 1 of 1
Martha S. Vergara
Ss
---~-_._-----_._---_._----^_._--_._--------------_.*
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Monday, January 07, 2008 10:39 AM
To: Martha S. Vergara
Subject: RE: PUDZ-AR-2003-3601 - New Hope Ministries PUD
OK
n..____..__*__..~.__._._.~._.~.____._~__.._._.~__.__.~..,. _______,_..___~.~____.__.._..+___._m_..__.__..._~.m___,___.., _. _.__._+__HM_____._.______.____.__.________..__._.~__...--+-.
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Monday, January 07, 2008 10:28 AM
Posted To: Legals - NDN
Conversation: PUDZ-AR-2003-3601 - New Hope Ministries PUD
Subject: PUDZ-AR-2003-3601 - New Hope Ministries PUD
Pam,
Another ad for you.
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
1/7/2008
Tll.Th.
NAPLES DAILY N.:WS
Pllhilshccl Dail~
"-'''pies 1'114102
Affidavit of Publication
State of Florida
County or Collier
Before the undersigned Ihc~ scr\'c:\s the authority. pcrsollalh
appeared n Lalll.P. \vilo on oath S;l\S lhal {hc~
"icnc as lhe Assistallt Corporate Sccrctar\ or the Naples I)ail~
;1 dail\ Ilc\\spapcr published at Naples. ill Collier Coullty.
Florid;L dlslrihllll'd ill Collier and Lee counties of Florida: that
the ~!tl(lChcd CtlP.' of the ad,"crlising. being il
PUBUrj\iOTICE
in the matter or Pl)13L1C ~OT1CL
\\;15 published in said llC\\Spapcr ] lime ill the issue
011 January J 3Ih.2()()H
\111:\nl lilrth..::r S;I\S that Ih.: said "'arks Dail\' \l'\\\ i~ ;11l<':\\Spap..:r
jlublisil.:d at '\ap"ks. ill ~aid C'l!liLT ~'nulll\. Florida. and that th: sai~l
)k\\~(iapcr h,\\ h~Tc:l,)I:)r~' h":Ul L'\\llt1Jllhlll~l\ puhll~h.:d III ~,ud Colh"r
('HITlI\'_ norilb: dl~llihll:..:J ill Culli..:!" and I.:.: dlllnllC~ ,11 j-]oIlJa.
,,':'c'h ;b\ :l1ld h<l~ j'_Ll1 ~'Ilkr.:d as s,:c:olld L'1aS~ maillllatt..:r ;il :11": post
,)111~'c' ill '\:ipk'. ll' ~d](j Colli.:, COI'111y. l'I(1rid~1. I\\!" ;1 )><.'lilld (11 1
h':lr n..::\:t pr~,:.:dillg 11,.: 111',.;1 pllhli..:atI\111 o1'lh..: a!t;ldl<.'d LOP\ \11
;1..1\ ..:rtis':ll1.:nl: ;11111 ;tI'liant IUl1h..:r ~a\s thai 11..: has n':ill1.:r [Mid 11()]
pn'lllis.:d ClI1\ p.:r~l)l1: linll "f L'<1rp,'ralaHl all\ dl~,:()unL r<.::bak.
':OIll1111SSlnn or r,,'lllnd 1.)1' lh~' rllrp<)~<: oj ~':<.-'lIrl1lg lh,s Cld\<:rll~':lT1.:nl f(lf
P"hl'U"'''''''~'.''~'
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SI.enaturc of ;lfn,lI1t)
S\\ orn In ;l1ld subscribed berore me
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(Si~llrC orr/QU;~\ i;lIl;~c)----
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JUDY JANES
Commission DD 675029
Expires May 16, 2011
':._~
I', ' '",./ '.,
ary :2 ,2008, n the
Boardroomi/ 3rd F~gor,
Admlnlstraon.. Building,
Collier Count)l Go,vern:
men'l.eemer, 3301 East
Tem mi Trail, Naples,
florlda. the 'Board of
,-,ounty Commissioners
WlH.~.thct'.l\Iet.
='~1t.~!
~~.lIf .. p,o:
,~~~~I~~ is .i
Petition PUDZ-2003.AR.
3601, William L, HOOVer,
AJ.C~.~ HQQ.lL8;: Pf.an.,
nlng a,oeve.ki,=
wg;ft~:Wt.
...1"""'" .ll',mally ap.
_'WIln prOVisional
......~ ;"cr;',.", .'; Reso. lutlon
H..,.:tt'Gw,'IJnown as
111I...."7'...,'
t, .' < 'oJt~ ""Prk
"JIIUO,!" ." ..
~ ~.
of 37.95 + /. acres.
~8r
I
,
Copies of the proposed
Ordinance are on file
with the Clerk to the
Board anda~ available
for Inspection. All Inter.
ested ~s are invited
to,atttildendbehfiV,d.
NOTE: All person$ wfsh.
Ing tOIP.2a.1t ona.1;1Y
_llam musttogls-
ter w'" the eou~ad.
m"Ull:ntotoflt~ pre.
r:m to b.:t,=
tndtvldual, speakers will '
be "mlted to 5"mlnutes
on ony. -.. TIlaHlec-
t1on- Of an Individual to
iRaalt._. be. half. o'-an
. '.''''"",,ujll.
. ~ . .tf' tec130.
, , ,tfteChaJrn;an,
a ltH,Ykesperson fOI a
group or orga. nlnt on
I ma~ bel' .Iotted 1.0 min.
utes"to'speak on .an
I ~em.
Jilenl(:J,ns Wishing ,to
have wrlttetl or grUhlc
materials ItleluCfed In
tht....d asJf!nda .~k.
,"'"i'Ull:lt submlt'laid
~ a minimum ora
weJH.' prior to th,re.
SP,Wlpubllc heartn;.
In . cue. written me-
,terl :~t*nded to, be
c . ~y the SOard
shall,e submitted to
the qpr. ~.rj.t. e County
5taff<<,~m of sev.
en dIUtS.. ..PP.J:d~.~ pr to the
r,ubIft>_.AII!IIe.
erl&f ~N"'presenta.
tlons lJefore.tbe Board
will ,btcomea 'perma~
Wtt,~ottt\e ",bOrdo
L~.Mtson Who'decldes.
to apPeal a decision or
the BOard will need a re-
,_:;3~~~"R3
. ~~, tnay need to
en~th..t a verbatim
recwdo1 tbe proceed.
, )~ ..ts, made. whlch re-
cljflIll\tlu$. "'.ta'~'1
' mbJ\,rand:"vldence,
upon Whteh. the appeal
Is based.
BOARD OF C:OUNTY
COMMISSIONERS . I
C;QLLIER CO'UNTY"
FLORIDA
JAMES COLETtA, CHAIR-
MAN
DWIGHT E. BROCK,
CLERK
By: Martha Vergara.
o.puty Clerk
(SEAL) ,
Jan. 13 No.l~7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL nOCUMENTS SENT TO
THE BOARn OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand ddivcrl::d to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
~' 88
;.
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information nceded. If the document is already complete with the
exec tion of the Chainnan '5 si nature, draw a line thrau h routin lines # I throu h #4. com kte the checklist, and fon.vard to Sue Filson line #5).
Route to Addressee(s) Office Initials nate
(List in routin order)
If Marie Student-Stirling
Uhc., lV,-'...
(The primary contact is the holder ofthc original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Melissa Zone
Contact
Agenda Date Item was 1-29-08
A roved b the BCC
Type of Document
Attached
CAO
2.
3.
(.hE'S
... ~1.-'
--z.11 (re
~JI 01'"
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
252-2958
g
6. Minutes and Records
Clerk of Court's Office
Yes
(Initial)
N/A (Not
A licable)
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Ordinance cr~F? U D
Number of Original
Documents Attached
'frl'1-r
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signatute pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licablc.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the Bee on / _ :Jf.llglenter date) and all change
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
MEMORANDUM
Date:
February 13,2008
To:
Melissa Zone, Principal Planner
Zoning and Land Development
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-07
Enclosed, please find a copy of the document referenced above, (Agenda Item
#8B), which was adopted by the Board of County Commissioners on Tuesday,
January 29, 2008.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure
'88
MEMORANDUM
Date:
February 13, 2008
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-07
Attached, please find one (1) copy of the document referenced above (Agenda
Item #8B), as approved by the Board of County Commissioners on Tuesday
January 29, 2008.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosure
P'8a
18B
ORDINANCE NO. 08 - 07
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDrNANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA TO AMEND THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE SUBJECT REAL PROPERTY
FROM RURAL AGRICULTURAL (A) ZONING DrSTRICT
(APPROVED WITH A PROVISIONAL USE FOR A
CHURCH BY RESOLUTION NUMBER 91-3) AND THE
NEAPOLITAN PARK PLANNED UNIT DEVELOPMENT
(PUD) ZONING DrSTRICT TO A CFPUD ZONING
DrSTRICT TO BE KNOWN AS THE NEW HOPE
MINISTRIES CFPUD LOCATED ON THE NORTH SIDE
OF DAVIS BOULEVARD (CR-84) AND EAST OF SANTA
BARBARA BOULEVARD, IN SECTION 4, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 37.95010 ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 90-6, AS AMENDED,
THE NEAPOLITAN PARK PUD; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Tim Hancock, of Davidson Engineering, Incorporated, representing New
Hope Ministries, Incorporated, petitioned the Board of County Commissioners to change the
zoning classification of the subject real property as part of Petition PUDZ-2003-AR-3601.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 4,
Township 50 South, Range 26 East, Collier County, Florida, is changed from a Rural
Agricultural (A) Zoning District with an approved provisional use for a church by Resolution
Number 91-3 and the Neapolitan Park Planned Unit Development (PUD) Zoning District to a
Community Facility Planned Unit Development (CFPUD) Zoning District for a project to be
known as the New Hope Ministries CFPUD in accordance with the CFPUD Document attached
hereto as Exhibit A and incorporated by reference herein. The appropriate zoning atlas map or
maps, as described in Ordinance Number 04-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 90-6, as amended, known as the "Neapolitan Park" PUD, adopted on
January 23, 1990, by the Board of County Commissioners of Collier County, is hereby repealed
in its entirety.
Page 1 of2
SECTION THREE:
~'88
~
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this ;lq#t day of ;:J"anuo.llf ,2008.
~\ \ ~< . tJ,
AT')::EST:.";'))
DWIGHT E..BR,OCk, CLERK
~~.Pcfu121~-
Atust' ..,.t;Q,~)',.....DiPuty Clerk
S ll1l1atlU't 001.
Approved as to Form
and Legal Sufficiency
~;..fit.lkud.'.d:.-~
Marj e Student-Stirling
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOR A
Page 2 of2
'88
NEW HOPE MINISTRIES CFPUD
A COMMUNllY FACILllY PLANNED UNIT DEVELOPMENT
PREPARED FOR:
NEW HOPE MINISTRIES INC.
7675 DAVIS BOULEVARD
NAPLES, FLORIDA 34104
PREPARED BY:
DAVIDSON ENGINEERING, INC.
3530 KRAFT ROAD, SUITE 301
NAPLES, FLORIDA 34105
DATE FILED January 7,2003
DATE REVISED June 7, 2007
DATE REVIEWED BY CCPC December 6,2007
DATE APPROVED BY BCC January 29.2008
ORDINANCE NUMBER 2008-07
EXHIBIT A
88
TABLE OF CONTENTS
PAGE
TABLE OF CONTENTS 1
STATEMENT OF COMPLIANCE 2
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3
SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5
SECTION III COMMUNITY FACILITY AREAS PLAN 6
SECTION IV PRESERVE AREAS PLAN 9
SECTION V DEVELOPMENT COMMITMENTS 10
EXHIBIT "A"
LIST OF EXHIBITS
CFPUD MASTER PLAN
i~8 B
STATEMENT OF COMPLIANCE
The development of approximately 39.89:t acres of property in Collier County, as a
Community Facility Planned Unit Development to be known as New Hope Ministries
CFPUD will be in compliance with the planning goals and objectives of Collier County
as set forth in the Collier County Growth Management Plan (GMP). The community
facilities of the New Hope Ministries CFPUD will be consistent with the growth policies,
land development regulations, and applicable comprehensive planning objectives for
the following reasons:
1. The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
2. Improvements are planned to be in compliance with applicable sections of the
Land Development Code (LDC) as set forth in Objective 3 of the Future Land
Use Element.
3. The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
4. The project is located within the Urban Mixed Use District, Urban Residential
Subdistrict and Urban Mixed Use District, Activity Center Subdistrict on the
Future Land Use Map. The Urban designation allows for a variety of community
facilities including churches.
2
. "8 B
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of New Hope Ministries CFPUD.
1.2 LEGAL DESCRIPTION
The subject property being 39.89:1: acres, is located in Section 4, Township 50
South, Range 26 East, and is fully described as:
The West half of the Southeast quarter of the Southwest quarter of
Section 4, Township 50 South, Range 26 East, Collier County, Florida,
less and except the South 75 feet for purposes of road right-of-way.
The East half of the Southwest quarter of the Southwest quarter of
Section 4, Township 50 South, Range 26 East, Collier County, Florida,
less and except the South 75 feet for purposes of road right-of-way.
1.3 PROPERTY OWNERSHIP
The subject property is owned by New Hope Ministries Incorporated, a Florida
not-for-profit corporation, 7675 Davis Boulevard, Naples, Florida 34104.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the north side of Davis Boulevard,
approximately 700 feet east of Santa Barbara Boulevard, Collier County,
Florida.
B. The eastern half of the subject property is zoned Agricultural with an
approved Provisional Use, that allows the existing church facilities, and
the western half is zoned PUD, Neapolitan Park, approved by Collier
County Ordinance No. 90-6.
1.5 PHYSICAL DESCRIPTION
The project site is primarily located within the Lely Canal Drainage Basin
according to the Collier County Drainage Atlas. The proposed outfall for the
project is the Davis Boulevard roadside ditch located along the south property
line of the project.
3
88
Natural ground elevation varies from 12.0 NGVD within the on-site wetland areas
to 13.0 NGVD at the CR-951 right-of-way line constituting the west property line;
average site elevation is 12.4 NGVD. The entire site is located within FEMA
Flood Zone "X" with no base flood elevation specified.
The water management system of the project proposes the construction of a
perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood
stage. Water quality pretreatment is proposed in the on-site lake/native
vegetation areas prior to discharge.
Per Collier County Soil Legend dated January 1990, the soil type found within
the limits of the property is predominately #14 - Pineada Fine Sand, Limestone
Substratum and #21 - Boca Fine Sand.
The site vegetation consists primarily of slash pine, cabbage palm, and cypress
trees with upland areas of slash pine and saw palmetto. The site is infested with
melaleuca trees.
1.6 SHORT TITLE
This Ordinance shall be known and cited as the "New Hope Ministries
Community Facility Planned Unit Development Ordinance".
4
'88
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships.
2.2 GENERAL
A. Regulations for development of the New Hope Ministries CFPUD shall be
in accordance with the contents of this Document, CFPUD - Community
Facility Planned Unit Development District and other applicable sections
and parts of the LDC and GMP in effect at the time of issuance of any
development order to which said regulations relate which authorizes the
construction of improvements. Where these CFPUD regulations fail to
provide developmental standards, then the provisions of the most similar
district in the LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the LDC in effect at the time of building permit
application.
2.3 DESCRIPTION OF PROJECT
The New Hope Ministries CFPUD will be developed for church facilities including
but not limited to a sanctuary and related accessory uses.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the methodology
for providing perpetual maintenance of common facilities.
2.5 TEMPORARY FACILITIES
A. Temporary trailers may be placed on the site after site development plan
(SDP) approval for administrative, storage, and caretaker uses, subject to
LDC requirements.
5
"ft<<~8
,.ol'"' B
k:
SECTION III
COMMUNITY FACILITY AREAS PLAN
3.1 GENERAL DESCRIPTION
The New Hope Ministries CFPUD will be developed for church facilities with a
sanctuary and related accessory uses.
3.2 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Churches and houses of worship, not to exceed 4,200 seats.
2. Any other use deemed comparable in nature by the Board of
Zoning Appeals.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures including child and adult
day care facilities and administrative offices.
2. Recreational uses and facilities including but not limited to
swimming pools, tennis courts, volleyball courts, athletic fields, tot
lots, boat docks, walking paths, picnic areas, recreation buildings,
special event areas, and basketball/shuffle board courts.
3. In conjunction with the church, a bookstore, educational classes,
recording studio, printing shop, counseling center, and church
bus/van parking area (all such uses shall be related to and
incidental to the church).
4. Gatehouse.
5. Essential services, including interim and permanent utility and
maintenance facilities.
6. Water management facilities.
7. Any other accessory use deemed comparable by the process
outlined in the LDC.
6
'88
3.3 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the New
Hope Ministries CFPUD. Front yard setbacks in Table I shall be measured
as follows:
1. If the parcel is served by a public or private right-of-way, the
setback is measured from the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, the setback is
measured from the back of curb or edge of pavement. If the parcel
is served by a platted private drive, the setback is measured from
the road easement or property line.
TABLE I
COMMUNITY FACILITY DEVELOPMENT STANDARDS
Requirements Principal Use Accessory Use
Minimum Lot Area 10,000 square feet N/A
Minimum Lot Width 80 feet N/A
Maximum Height 3 stories not to 35 feet
exceed 48 feet
Minimum Building Setbacks
. Front yard 25 feet 25 feet
. Side yard 15 feet 10 feet
. Rear yard 15 feet 10 feet
. CFPUD boundary 25 feet 10 feet 2
. Lake' 20 feet 20 feet
. Preserve 25 feet 10 feet
. Distance between structures 15 feet 10 feet
1 Lake setbacks are measured from the control elevation established for the lake.
225 feet where abutting residentially developed or zoned properties
7
("-88
B. Landscapinq and Bufferinq Requirements:
1. If landscape buffers are determined to be necessary adjacent to
wetland preserve areas, they shall be separate from those preserve
areas.
2. All landscape buffers shall be as required by the LOC.
8
'8L
SECTION IV
PRESERVE AREAS PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as generally shown on Exhibit "A", CFPUD Master Plan. A
minimum of 5.67 acres of Native Vegetation Area shall be provided.
4.2 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following subject to permitting:
A. Permitted Principal Uses and Structures:
1. Passive recreational areas.
2. Non-paved biking, hiking, and nature trails, and boardwalks.
3. Water management structures required by permitting agencies.
4. Native preserves and wildlife sanctuaries.
5. Supplemental landscape planting, screening and buffering within
the Native Vegetation Areas, may be approved after Environmental
Services staff review. A minimum of 5.67 acres of Native
Vegetation Area shall be provided. All supplemental plantings
within the Preserve Areas shall be 100% indigenous native species
and shall meet the minimum planting criteria set forth in the LDC.
9
',88
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with approved SDPs, and all
applicable State and local laws, codes, and regulations applicable to this
CFPUD, in effect at the time of plat, first SDP approval or building permit
application as the case may be. Except where specifically noted or stated
otherwise, the standards and specifications of the official County LDC shall apply
to this project even if the land within the CFPUD is not to be platted. The
developer, its successor and assigns, shall be responsible for the commitments
outlined in this Document.
The developer, its successor or assignee, shall follow the CFPUD Master Plan
and the regulations of this CFPUD as adopted and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor in title or assignee is subject to the commitments within this
Document.
5.3 PUD MASTER PLAN
A. Exhibit "A", CFPUD Master Plan illustrates the proposed development and
is conceptual in nature. Proposed area, lot or land use boundaries or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as final platting or SDP
approval.
B. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
An SDP shall be submitted per County regulations in effect at time of site plan
submittal. The project is to be constructed in several additional phases.
A. The landowners shall proceed and be governed according to the time
limits pursuant to LDC requirements.
10
rS8
B. Monitoring Report: An annual monitoring report shall be submitted
pursuant to LDC requirements.
5.5 WATER MANAGEMENT
A. Prior to SDP approval, the petitioner shall dedicate to the County a sixty (60)
foot drainage and right-of-way easement along the property line fronting
Davis Boulevard. The easement shall be improved by the developer of this
property and shall have the following dimensions: a 15 foot flat travel way on
the north side, continue on a 4:1 slope 3 feet to elevation 7.5 feet NGVD,
having a 16 foot wide bottom and continuing up on a 4:1 slope for 3 feet to
the existing grade. This will leave 5 feet before the right-of-way line of Davis
Boulevard. This improvement shall be completed prior to the issuance of any
certificate of occupancy (CO).
B. This site shall be designed for 1 DO-year flood plain compensation using a 100-
year flood elevation of 10.8 feet NGVD.
C. The CFPUD Document and Master Plan shall show full water quality pre-
treatment volume before the stormwater reaches an elevation that would
have the lake overflow its banks and then backflow into the natural ground
areas (preserve).
The Preserve Management Plan shall include provIsions for annual
monitoring to determine potential impacts of stormwater on the preserve's
vegetation. The property owner will be required to replace vegetation
adversely impacted by the stormwater with vegetation that will be
suitable to the future conditions.
5.6 TRAFFIC
A. All traffic control devices, signs, pavement marking, and design criteria shall be
in accordance with the Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards,
current edition, and the Manual On Uniform Traffic Control Devices (MUTCD),
current edition.
B. Access points shown on the CFPUD Master Plan shall be considered to be
conceptual. The number of access points constructed may be less than the
number depicted on the Master Plan; however, no additional access points shall
be considered unless a PUD amendment is approved.
C. Site related improvements (as opposed to system related improvements)
necessary for safe ingress and egress to this project, as determined by Collier
County, shall not be eligible for impact fee credits. All improvements necessary
11
I~ 88
to provide safe ingress and egress for construction-related traffic shall be in
place and operational prior to commencement of on-site construction.
D. Nothing in any development order shall vest a right of access in excess of a
right-in/right-out condition at any access point. Neither shall the existence of a
point of ingress, a point of egress, or a median opening, nor the lack thereof, be
the basis for any future cause of action for damages against the County by the
developer, its successor in title, or assignee. Collier County reserves the right to
close any median opening existing at any time which is found to be adverse to
the health, safety, and welfare of the public. Any such modifications shall be
based on, but not limited to, safety, operational circulation, and roadway
capacity.
E. If any required turn lane improvement requires the use of any existing County
rights-of-way or easement(s), then compensating right-of-way shall be provided
at no cost to Collier County as a consequence of such improvement(s) upon final
approval of the turn lane design during the review of the first subsequent
development order. The typical cross-section shall not differ from the existing
roadway unless approved, in writing, by the Transportation Division
Administrator, or his designee. The cost of installing or lengthening turn lanes to
serve the project shall be borne by the developer.
F. If, in the sole opinion of Collier County, traffic signal(s), other traffic control
device, sign, pavement marking improvement within any public right-of-way or
easement, or site related improvements (as opposed to system related
improvements) necessary for safe ingress and egress to this project, as
determined by Collier County, is determined to be necessary, the cost of such
improvement shall be the responsibility of the developer, its successors or
assigns. The improvements shall be paid for or installed, at the County's
discretion, prior to the issuance of the appropriate, corresponding CO.
G. Land to be conveyed to the County for right-of-way or other public purposes
shall be so conveyed in fee simple by warranty deed or otherwise by easement
to the County within 60 days of Board of County Commissioner's approval of
the rezone petition, or upon approval of the final plat or SOP, whichever comes
first. In no event shall any building permit, right-of-way or drainage permit or
other development order be approved prior to the conveyance of the land,
unless otherwise approved by the Board of County Commissioners.
H. During periods of church worship or special events generating attendance that
would equal the church worship attendance, the church must secure traffic
control assistance from either the Florida Highway Patrol or the Collier County
Sheriff's Office subject to the availability of a Sheriff Deputy or Highway Patrol
Officer for that purpose.
12
" 88
5.7 PLANNING
A. If during the course of site clearing, excavation or other construction
activity an historic or archaeological artifact is found, all development
within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement
Department contacted.
B. A minimum of 30% of the required parking spaces shall be pervious.
C. Non-compatible uses. It is recognized that there are uses and accessory
uses which, because of their very nature, have characteristics that do not
meet the compatibility criteria of this ordinance and thus adversely impact
adjacent areas. Special regulation of these uses is necessary to ensure
that these adverse impacts will not contribute to the blighting and
downgrading of the surrounding neighborhood.
Within 15 days from submittal of any SDP, it shall be within the discretion
of the County Manager or designee to refuse approval of such SDP if it
includes a use that, in the professional judgment of the County Manager
of designee, is not compatible with and has a potential to cause a
deleterious effect upon an adjacent neighborhood.
Notice of such refusal shall be promptly mailed to the applicant for the
SDP. Applicant and staff will meet at their earliest convenience to discuss
and attempt to amicably resolve the compatibility issues, which can
include, but is not limited to, moving the questioned use to another
location within the development.
Should the parties be unable to reach an amicable solution, the matter will
be promptly referred to the Collier County Planning Commission. At a
publicly noticed hearing, the Planning Commission will review the
proposed use make a finding as to (1) whether the proposed use was
intended for this site, as set forth in the zoning ordinance, and (2) whether
such use can be made compatible with the adjoining neighborhood
through the imposition of certain conditions or restrictions, including but
not limited to location the use to another location within the development,
buffering, limiting hours of operation, requiring a vestibule, walls, and
relocating dumpsters.
Should either the County or the applicant be unwilling to abide with the
findings and recommendations of the Planning Commission, the matter
will then be forwarded to the Board of County Commissioners for a public
hearing, to be conducted in the same manner as LDC section 10.08.00,
except that notice purposes 10 days prior notice by publication will be
sufficient.
13
88
5.8 ENVIRONMENTAL
A. All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on the
plat with protective covenants per or similar to Section 704.06 of the
Florida Statutes. Setbacks shall be provided in accordance with the LOC.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
dedicated to an approved entity and to Collier County with no
responsibility for maintenance and subject to the uses and limitations
similar to or as per Florida Statutes.
B. The Preserve Management Plan shall include provIsions for annual
monitoring to determine potential impacts of stormwater on the preserve's
vegetation. The property owner will be required to replace vegetation
adversely impacted by the stormwater with vegetation that will be suitable
to the future conditions.
5.9 FIRE REVIEW
A. No infrastructure shall be installed until proper permits are applied for and
obtained.
14
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-07
Which was adopted by the Board of County Commissioners
on the 29th day of January, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 5th
day of February, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~r'\." l;f . -= ') ~
,
- 0l~~J(~};C ~ -
r\~Teresa pol~ki, ,,'::
Deputy ClerJ<;
t ,_',1
:~ 88
PRESENTED TO
COLLIER COUNTY,
s: (" Ii:: !vn-- 0
~m.._" ''--,,"-of r~ ~ '0'- Ie:
2 .3 ?fM1)l
""',",,'0,-,
F E~Li.' 'Ji' Caurj't~' Commissioners
INITIAL REVIEW OF CANDIDATES
EXECUTIVE RECRUITMENT FOR THE COUNTY ATTORNEY
II 0011 ~~~~I~~~~~~u~~:;~~4f~~~:
A Division of The Waters Consulting Group, Inc.
5050 Quorum Drive, Suite 625 Dallas, Texas 75254 800.899.1669 Vi\vw.watersconsulting.com
19A
TABLE OF CONTENTS
. BROCHURE
. MASTER APPLICANT LIST
. ELAINE ASAD
. MARIA CHIARO
. JOHN DICKERSON
. GARY GLASSMAN
. MICHAEL HUNT
. HARLENE KENNEDY
. JEFFREY KLA TZKOW
. JULIE LEE
. RAYMOND REA
. WILLIAM SPILLIAS
. JOHN TURNER
. RODNEY WADE
. DAVID WEIGEL
The Waters Consulting Group, Ine
Page'1
SECTION. I
BROCHURE
THE WATERS CONSULTING GROUP. INC.
800.899.1669 WWW.WATERSCONSULTING.COM
THE COMMUNITY
Collier County, in Southwest Florida,
is a premier community in which to
work, live and play. Bordered by the
Everglades National Park on the east
and the Gulf of Mexico on the west,
it is home to two national parks, three
state parks and many County and
municipal parks in addition to its rich
and beautiful beaches. When the State
of Florida achieved statehood in 182 I,
this part of the state was largely unin-
habited until developers came in and
grew the community as a resort area.
The County officially came into ex-
istence in 1923, due to the hard work
and efforts of the successful business
magnate, Barron Gift Collier, Sr. He
worked with the State in completing
the construction of the Tamiami Trail
and the supporting infrastructure
by completing paving across the
Everglades and link to Dade County,
connecting the two coasts for the first
time. Approximately 100 miles from
Miami, 160+ miles from Orlando,
and 130+ miles from Tampa, this
area has easy access via road and
sky. The newly expanded Southwest
Florida Airport in nearby Fort Myers
provides high-quality and affordable
international and domestic access that
supplements the local area airports.
With a total land area of 2,025 square
miles, and at least 80 percent of that
dedicated as preserve lands, this
County has many natural resources
to explore. From Everglades National
Park, the Conservancy of Southwest
Florida, or Rooke!)' Bay Research
Reserves, wildlife abounds within this
community. Its Zoo is a nationally ac-
credited zoo and historic garden. This
area has frequently been nationally
recognized far and wide for its offer-
ings. Conde Nast Traveler magazine
named Naples in 2006 as possess-
ing one of the 20 Best Beaches in
America. There are numerous public
access points to the Gulf of Mexico
beaches throughout the area to enjoy
the sun, surf and sand. Known as the
Golf Capital of the World, Naples ha(, ,
the second most golf holes per capiti /
in the United States. In 2005, Naples
was named the number one Small Art
Town in America with more than 130
art galleries in the area.
In addition to the county seat of Col-
lier County, the County includes Mar-
co Island, Immokalee, the Town of
Ave Maria, as well as a diverse group
of resort and rural communities. With
over 1.4 million tourists annually, the
area has a great number of visitors,
as well as the part- and full-time resi-
dents. The County has the designation
of more millionaires per capita than
any other area in the United States.
Prospective residents and businesses
have an excellent professional envi-
ronment with a special emphasis on
development, finance and bankingl)
The Collier County School System is
Asst to the
County Manager
Asst to the
County Manager
( ) .
: Facilities ManagementJ
'---------~-------------------
,~~------\
I, Fleet Management J
~------
County Attorney
I" Human Resources
r-m------
ll~formation TeChnOlOgy]
.___..___.________J
,---------------~
I
I
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Purchasing
Risk Management
(J
Board of
Commissioners
,
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9
ft
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County Manager
Asst to the
County Manager
Bureau of
Emergency Services
Communications &
Customer Relations
Office of Mgmnt
& Budget
AIrport Authority
Management
Office
~._--
Engineering
-----~----------------
IpOllution Control
j-~--------------------
[Solid Waste ;
-~--
Utility Finance
Operations
1_ __~~te~_ ~
Executive Manager
to Bee
County Attorney
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DomesticAnimal
Services
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Health -I
-- - J
Housing & Human
Services
,
I
Library :
L______J
,--____...___._ _______________n__,
I I
: Museum I
l__._.___..._____j
(--------------,
:, Parks & Recreation ]
~---------
I University Extension
Service
Veteran Services
~;' " Community I
'Development & Envlron-
fuental Services DiVision
u.
Building Review
& Permitting
Code Enforcement
I,
Comprehensive
Planning
I
,
Engineering
~ransportation Engineerjn~
l__~_~~~:~~~~on Mgmt__.,
r Road Maintenance l
L & Stormwater
~ (-- Transportation '\i
'I waste::: L
__.r'I""nil1g/~I',<:J_J
Pelican Bay
Services
TOUrism
Traffic Operations
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Environmental
Services
Operatives
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I Alternative 1
Transportation Modes i
, )
C~r County
'"""'~~~
Zoning & Land
Development Review
the area's largest employer with over
5 000 staff members serving the 35
,
elementary, middle and high schools,
totaling 38,000 students. In addition,
there are a number of quality private
and parochial schools offering the
residents a wealth of options. Post-sec-
ondary offerings abound including the
Florida Gulf Coast University (FGCU),
Hodges University and a 2-year college,
Edison College as well as the newly
created Ave Maria University.
Superior, state-of-the-art health care
facilities are available with North
Collier Hospital (NCH) Healthcare
System, Physicians Regional Medi-
cal Center (formerly the Cleveland
Clinic) and The Multiple Sclerosis
Center of Southwest Florida offering
services to residents and drawing visi-
tors rcgionally to partake of these fine
medical offerings.
Local and regional cultural offerings
include the Naples Art Festival, the
Great Dock Canoe Race, as well as
classical and music concerts, The
Philharmonic, museums, and Sugden
Theatcr. Sports fans have a great
numbcr of professional and collegial
sports offcrings (football, basketball,
baseball, hockey, soccer, etc.) - from
Miami, Orlando and Tampa Bay,
along with University of Florida, Uni-
versity of Miami, and Florida State
University. Florida is home to a num-
ber of the training camps for baseball
teams, offering residents and visitors
the exciting spectator opportunities
during their spring training.
COUNTY ORGANIZATION
The Board of County Commissioners
(BCC) is comprised of five (5) elected
officials serving as the chief legisla-
tive body of the County, responsible
for proving services to protect the
health, safety, welfare, and quality of
life of the citizens of Collier County.
The Commissioners are elected by
district every four years. They appoint
a County Manager to administratively
manage the forty departments/divi-
sions as well as the County Attorney
to serve as the legal advisor for the
organization.
The Board of County Commissioners
adopted a ten-year strategic plan in 2006, \
Its guiding principles (values) include: \
Honesty and Integrity: We speak
and act truthfully, acknowledging
mistakes, keeping commitments and
avoiding silence when it may be mis-
leading. We do the right thing even
when it is unpopular or nobody would
know the difference;
Service: We value and embrace the
opportunity and responsibility to
serve our comm unity. Our customers
come first and we will strive to serve
them in a friendly, fair, respectful and
efficient manner;
Accounting: We are individually and
collectively responsible for our be-
havior and performance. We conduct
business in accordance with the high-
est professional and ethical standards.
Quality: We strive for continuous imU
provement in OUf products, services,
(
programs and facilities. We seek to do
the entire job right the first time;
Respect: We treat others with dignity
and courtesy;
Knowledge: We are a learning orga-
nization. We encourage and promote
continuous personal and professional
development as a means of enhancing
our team members' ability to plan for
the future, make good decisions, and
solve customer problems;
Stewardship: We recognize that we
are spending other people's hard-
earned money. As such, we carefully
manage the resources entrusted to us.
We seek to control costs of opera-
tions, improve efficiency and provide
the greatest value and return on
invested funds;
Collaboration: We realize that our
success is interdependent on the suc-
cess of other organizations, businesses
and institutions of our County, Region
and State. We seek, therefore, to work
cooperatively with these agencies to
allocate our collective resources to
achieve mutual goals.
The County's Strategic Focus Areas
and Goals are as follows:
I. Neighborbood PreseIVations &
Enhancement: To preserve and
enhance the safety, quality, value,
character, and heritage of our neigh-
borhoods, communities and region.
II. Growtb Management: To
responsibly manage community
growth, development and rede-
l velopment, while enhancing the
natural environment.
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Ill. Community Health and Human
SeIVices: To improve the qual-
ity of life and promote personal
self-reliance and independence
through improved access to com-
munity health care and human
services for those most in need.
nity and the region while respect-
ing and enhancing the character
of our diverse neighborhoods;
V. Economic Development: To
help create a business climate that
promotes a diversified, growing
economy consistent with estab-
lished growth management plans
and community desires.
IV. Mobility: To provide for the vari-
ous mobility needs of the commu-
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The Collier County Attorney's Office
consists of:
VI. Local Governance: To sustain
public trust & confidence in
County government through
sound public policy decisions,
expert professional management
and active citizen participation.
~..
. The County Attorney
. One Chief Assistant County Attorney
. Twelve Assistant County Attorneys
. Twenty Professional Support
Staff positions
The County Attorney works directly
for the Collier County Board of Coun-
ty Commissioners. It is the job of the
County Attorney and his/her staff
to represent the County in litigation
cases filed by and against the County;
to research, draft and provide legal
review of ordinances, resolutions,
agreements, contracts, and all other
legally bind ing documents provided
to the BCC for review; to attend meet-
ings and workshops of the BCC and
County staff; and to anticipate and
facilitate in solving legal problems for
the BCC and County staff.
The County Attorney answers to
and advises each of the five Count):. "
t. )
Commissioners directly as individual .
Commissioners, and the BCC as a
whole. The Assistant County Attor-
neys have various areas of respon-
sibility within the County structure
such as litigation filed by and against
the County, real property, land use,
utilities, purchasing, human resources
and transportation. All legally bind-
ing documents, including, but not
limited to, ordinances, resolutions,
contracts, agreements, etc., which are
to be signed by the Chairman of the
BCC on beMlf of the County, must
be reviewed and approved for form
and legal sufficiency by the County
Attorney's office prior to action by
the BCC. The County Attorney will
adopt a proactive approach regard-
ing the provision of legal advice an()
opinions concerning the creation and
interpretation of local ordinances,
state and federal law.
In addition to the above, the County
Attorney's office is called upon
to respond to questions from the
public, media, private attorneys,
constitutional officers, municipal em-
ployees, employees of the State and
employees from other counties with
reference to every aspect of Collier
County government and actions taken
by the BCC and County staff. When
warranted, the County Attorney may
contract with outside legal counsel
for specialized expertise and services.
The legal department also provides
advice to numerous Boards and Com-
(:nissions, which supplement local
government operations. The County
Attorney's office, however, does not
provide legal advice to private indi-
viduals on private matters.
POSITION PROFILE
The County Attorney is responsible
for providing dynamic leadership,
direction, supervisIOn, oversight,
and on-going development of the
County Attorney's Office (CAO) as a
high-caliber public law practice. This
office functions as an independent
office responsible directly to the BCC
handling a diverse mixture of legal
matters on behalf of the County. This
includes local, state, and federal law,
personnel matters, intergovernmen-
tal agreements, public utilities and
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services, finance, transportation, land
use, environmental law, code and
policy compliance issues, consumer
protection, open government, alcohol
and substance abuse, mY/AIDS pro-
grams, the medical examiner, library
operations, business licensing, disas-
ter planning, illegal immigration, and
emergency management services.
The County Attorney is responsible
for effective and efficient administra-
tion of the CAO needed to fulfi II its
functions:
. P~ovide proactive leadership to staff;
. Develop, oversee and manage a
cost-effective departmental budget;
. Develop and implement departmen-
tal goals and objectives; evaluate
and report on goal achievement;
. Develop and manage staff in-
cluding oversight of the hiring,
supervising, education, training,
discipline, and termination of all
CAO personnel and contractors;
. Oversee internal department activi-
ties and coordinate activities of the
Department with external entities;
. Participate on boards, committees,
professional groups and activities;
. Maintain the human relations philos-
ophy and standards of the County.
. .
CURRENT ISSUES
The following issues were developed
after discussions with the Board of
County Commissioners, County
Manager, Human Resources Director,
Purchasing Director, Law Department
staff, and the Director of Risk Man-
agement. These issues expressed are
not designed to establish fixed man-
agement priorities, but are intended
to represent the types of projects and
programs that the next County Attor-
ney will encounter in his/her first six
to eighteen months of employment:
Employee Relations
The next County Attorney will be
following the leadership of a long-
term employee who possessed a solid
reputation in the organization and
community. With the potential for
hiring an external leader, the staff is
naturally apprehensive about what
type of changes will be forthcoming.
A leader who is comfortable with
learning the organization prior to rec-
ommending far-reaching change will
be the most successful, as well as a
person accustomed to exhibiting self-
confidence without being overbearing
in establishing himself /herself as the
new County Attorney. He/she will
be encouraged to focus on accoun~
ability and customer outcomes, with
ideas about strong mechanisms for
feedback from internal clients and
key external contacts. Periodic assess-
ment and evaluation of performance
indicators allows the County Attorney
to create additional training/develop-
ment programs for staff members, as
well as factor in the overall evaluation
of individual performance.
Communications/Reporting
The next County Attorney must have
a reputation for being proactive as a
communicator, providing clear and
concise advice that will address the
issues facing the BCC and County,
while working with the organization
to meet the pressing needs. A record
of providing Stewardship Reporting,
sharing with the BCC and Department
Directors, and citizenry, input on the
hours spent in the delivery of service,
making sure that the services provided
arc timely and accurate in meeting the
needs of the organization. There is a
process in place, the Request for Le-
gal Services, which can be the start-
ing point for service reporting, where
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, ,\ne an~isJ., resolution status can
be the basis for effective workflow
management. Other communications
opportunities are sharing results from
federal, state or regional conferences
so as to inform/educate personnel on
updates to case law affecting local
governments.
Economic and Legislative
Changes
The economy in Collier County is
good; however the national trends af-
fecting the housing and development
community will ultimately affect this
robust community as well. The State
Legislators have approved a number
of referendums that will affect thl "\
,
,-
County's budget. There are state-
mandated cutbacks that will neces-
sitate future budget reductions, and
may cause personnel reductions in a
number of key areas. The next County
Attorney will be an advisor for the
BCC and County Manager in leading
any cutbacks/layoffs, ensuring that
personnel are evaluated and assessed
fairly and any cutbacks are handled
legally, equitably and humanely, Any
cuts that must occur in the County
Attorney's office must ensure that
existing staff is treated fairly while
making sure fuat the business of the
County can be effectively performed.
Among the state mandates affect-
ing the County's Budget is the Bert
J. Harris Act, the Private Property
Rights Protection Act. It is an exam:)
pIe of recent legislation that provides
citizens the ability to sue local gov-
ernments for a reduction in property
values caused by government land
use decisions. It is a law that must be
evaluated and managed to minimize
the risk to Collier County while treat-
ing taxpayers and citizens fairly.
CANDIDATE PROFILE
The County Attorney's position IS a
highly visible job that will require a
person with well-developed manage-
ment, strategic planning and excep-
tional analytical and outstanding
communications/presentation skills.
He/she must have a positive presence
and be an individual who will com-
(J.land the respect of those in the CAO
and in the County's legal community.
Team Leadership: Possesses the
ability to direct the staff of the
County Attorney's Office with great
effectiveness. He/she must provide
both direction and focus, but delegate
authority appropriately. The person
holding this position must understand
and appreciate the critical relationship
with the BCC; he/she has the ability
to make and hold firm positions on
potentially controversial decisions,
while affirming the staff's right to dis-
agree. The successful candidate must
be truly interested in maintaining a
strong team and dedicated to provid-
ing the citizens and employees of the
County with the best possible legal
services. He/she must have the self-
confidence needed to motivate and
lead a high-performing team, guiding
A
and improving their effectiveness In
a manner that is non-threatening, yet
gets the desired results. The strong
team orientation must be coupled with
positive client relations.
Legal Effectiveness: The County
will exhibit outstanding professional
skills, with the ability to lead and
take strong action on initiatives while
ensuring complete follow-through.
The successful candidate will have
extensive experience in land use and
development l~w and issues, with
significant experience associated in
civil law with litigation experience.
He/she must have knowledge of
municipal, county and/or state laws
and ordinances, as well as in-depth
understanding of federal procedures
and substantive law issues. The liti-
gation experience will include mo-
tions and trials, as well as settlement
conferences. The advice and actions
from the CAO must always be based
on the highest level of integrity and
legal precedent.
Communications: The County At-
torney will be highly effective in both
spoken and written communications.
He/she must possess outstanding
skills as a public speaker, present-
ing cases before judicial bodies and
providing well-researched briefs and
opinions, with the ability to state
and explain his/her position clearly.
Besides being personable and ap-
proachable, the ideal candidate must
be consistent in the presentation of
information to BCC, Commissions
and Boards, as well as to Department
heads and employees. The advice
offered to BCC must be objective
and free from political posturing, as
well as reflecting current ease law.
The County Attorney must provide
a balanced presentation, complete
with alternative courses of action
and clear definition of the probable
outcomes. The BCC does not expect
the person to be a "yes person" but
to approach the Commissioners' re-
quests with openness, enthusiasm and
candor while conducting business in a
straight-forward manner. The person
should find innovative and creative
means for communications with
County staff: citizens and representa-
tives throughout the community.
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Staff Management: The County At-
torney manages the resources of the
Attorney's Office with a high level
of effectiveness, and reflects strong
philosophies in regards to enlightened
supervision and professional develop-
ment as vital management concerns.
The County Attorney must create an
environment that maximizes the abil-
ity of others to succeed by utilizing
well-developed coaching skills and
creating an environment in which
everyone is encouraged to reach their
fullest professional potential.
u
EDUCATION
& EXPERIENCE
This position requires a Juris Doctor-
ate degree or equivalent from an
American Bar Association accredited
law school. In addition, the successful
individual will have practiced law for
a minimum of seven to ten years with
senior management/legal experience,
preferably in a municipal, county or
state law office. Experience at a senior
management level in a large private
practice will be viewed favorably, but
must be accompanicd by extensive
knowledge of land use and develop-
ment law, development/interpretation
of codes and ordinances, legislative
( )rocesses, constitutional and employ-
ment law. Superior litigation skills and
the ability to guide other counsel must
be demonstrated. The preferred candi-
date will possess at least five years of
experience in the practice of civil law
in the public sector within the State of
Florida (municipal, state or county),
preferably in a community experienc-
ing significant growth. The County
Attorney will be required to provide
accurate/correct legal opinions in a
publiclhighly visible environment and
must have a reputation for objectivity
and success as an administrator/man-
ager. He/she is expected to work in a
highly collaborative and team-oriented
manner with the BCC, County Man-
ager, Department Directors, the de-
velopment community and with peers
within the State of Florida, as well as
vendor/contractors, representatives
of other governmental agencies and a
variety of other citizen and business
interest groups.
COMPENSATION
& BENEFITS
_9A
The starting salary and benefits are
highly competitive and negotiable,
starting in the high $IOO's to low
$200'5 depending upon the experience
and qualifications of the successful can-
didate. An automobile allowance and
relocation assistance will be provided.
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SECTION. II
MASTER APPLICANT LIST
THE WATERS CONSULTING GROUP, INC.
800.899.1669 WWWWATERSCONSULTING.COM
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,
ELAINE ASAD
THE WATERS CONSULTING GROUP, INC.
800.899.1669 WWWWATERSCONSULTING.COM
,.
9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
ELAINE ASAD
Elaine MarQuardt Asad
1232 NW 137th Avenue
Pembroke Pines, FL 33028
Home phone: 954-441-1821
Mobile phone: 305-632-2490
Home E-mail: emmaska@hotmaiLcom
CURRENT TITLE AND Senior Trial Attorney
ORGANIZATION NAME United Automobile Ins. Group
Since 2005
REPORTS TO (TITLE) General Counsel- Bl, PD, Subro
POPULATION SERVED South Florida
STAFFIBUDGET No Response
EDUCATION AND LICENSES Juris Doctorate
Drake University Law School
Des Moines, IA 1982
Bachelor of Arts
Economics and Business Admin
Coe College
Cedar Rapids, IA 1979
Licenscd in Wisconsin & Florida
CURRENT SALARY $95,000
1. Please tell us why you are interested in this position and why you are considering
movin!!:?
Answer: Professionally, the position would allow me to bring the litigation, management,
personnel, financial and political skills I have developed over the past 25 years to full fruition. I
practiced in the Florida Attorney General's office handling land use, eminent domain and
environmental cases, as well as permitting issues and coordination of statutory compliance issues
between the State and Local Government agencies. More particularly, I have worked with the
Collier County Clerk's office and practiced before Judges Hayes and Brousseau. Based on those
positive results and experiences, plus the opportunity to utilize my skills, I an1 interested in the
position. Personally, I became acquainted with the community and believe it offers a more tranquil,
less hectic environment and positive interaction between the community and its natural resources.
2. Please describe your current scope of responsibilities including staff and budget. What
is the largest number of people that you have managed and the largest operating
budl!et vou have mana!!:ed?
Answer: At my current position, I work with a 6-person legal staff and at the Attorney General's
office, I worked with a similar legal staff. My responsibilities included hiring, managing and
directing the work, various personnel issues, including disciplinary actions, documentation, and
yearly reviews. As President of our family's business, I work with a budget of between $500,000
and $750,000. That work includes all aspects of compliance with federal and state reporting for tax
W"\TERS-OLD"NI EXECUTIVE RECRUITMENT
PAGE 1
200610 THIS DOCUMENT IS CCWrRIGHTED -"'-,"lD IS CONSIDERED PROPRIETARY INFORM.A,TION.
nIlS DOCUi\LENTOR ANYPOKllON$ OF TIllS DOCUMENT IS NOT TO BE REPRODUCED FOR A"-,: RE.'\SON W'ITHOUTTHE WRITTEN CONSE."JT OF THE WATERS CONSULTI~G GROll', L",'C.
WATER$-OLDA"JI E.'(F,o.rrn-E RECRLTTMEl"T IS;\ DI\lSIOt-; OFTJIE \,\'All~KS COl\'SUl.TJ.'-<G GHOCP, 11\C 800.899.1669
9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
ELAfNE ASAD
purposes, negotiating contracts, personnel issues, and accounting issues.
3. What role do you play with your organization's elected officials? County/City
management team? Public? Media?
Answer: With the Florida Attomey General's Office, I worked with the Bureau Chief and the
Attomey General's chief of staff to coordinate politically sensitive eases. While lead counsel for
Florida's Southem Golden Gate Estates project, I had some direct contact with the media in Collier
County and addressed issues in court raised by the public with rcspect to the taking of property, uses
of the property taken, and monies allocated for compensation.
4. Please describe your management style. What percentage of your time do you spend on
management vs. involvement in the county/city's caseload?
Answer: My management style is a combination of a democratic and autocratic style. While I
believe it is important to listen to the views and wisdom of my staff, ultimately I am responsible for
the decisions made and actions taken. Therefore, after considering their input, and based on my own
independent review of the matter at hand, I will make the final decision. At the Attomey General's
office, I spent about 40% of my time on management and 60% involvement with the caseload.
5. Please describe the nature/type of cases you have been involved with recently?
Answer: The cases I worked on involved environmental, land use and eminent domain cases. Those
cases included issues of mining, fish famling, and other environmentally sensitive issues.
6. What kind of feedback have you received from people with whom you work on a daily
basis with rel!:ard to vour strenl!:ths?
Answer: Most people tell me I am methodical, disciplined, competent, a fast-learner, excellent
litigator, and able to think on my feet, as well as always being prepared.
7. What kind of feedback have you received from people with whom you work on a daily
basis with rel!:ard to vour weaknesses?
Answer: I am a perfectionist who pays attention to the smallest detail and expects as much from my
staff as I do from myself.
8. How would others characterize your communication style?
Answer: I taught law classes at Nova Southeastern University Shepard Broad Law Center for 4
years, in addition to teaching new lawyers, secretaries and paralegals. I also have tried more than 50
jury trials from jury selection through verdict. As a result, I am keen on communicating in a style
that is clear, concise and accurate. I speak with people, not at them, tOo tell the story, to ensure a
complete understanding of the issue/subject matter, and to persuade them of the validity of my
argument.
9. What experience do you have in developing and reviewing or . .
revIStng
ordinances/zoning codes and policies relating to development? How familiar are you
with TIF SIDS LIDS as they relate to zoning and code? Have you written any
legislation with regard to ordinance/code?
Answer: My familiarity with ordinances/zoning codes and policies is directly as a result of the work
I did on the Everglades Restoration Projcct in Collier County. As a homeowner and the cutback in
state and federal funding, I am familiar with TIF, SIDS, and LIDs tools to create financing for
community projects and infrastructure. I have not written any legislation; but am familiar with it
while working with the Florida Department of Environmental Protection.
WATERS-OLDANI EXECUTIVE RECRUITMENT
P"\GE 2
20000 TIns DOCUMENT 15 COP\1UGJ-rrrm AND IS COKSIDERED PROPRIETARY INFORM.A,nON
11 lIS DOCUMENT OR Ah')' POKnONS OP"n-US DOCUME."NT IS NOT TO BE REPRODUCED FOR ANY RE-\$OK \VlTI-IOUT 11-LE \'nUTfEN CONSENT OFTIJE W',"-TERS CO~'SULTL'JG GROUP, lNC.
\,\'_p"TERS-OLDA."H E..XECUTl\'E RECRUIThIENT IS A DIVISIO;\l OF1HE W'ATERS COr.;SCLTING GROUP, l}..'c. RIJ().S<)<).J(;(,9
C;,; /l
.~.. ...;;;..",\
..I :.:.' t
COLLIER COUNTY, FLORIDA
CANDIDA IE QUESTlONNAfRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
El.AINE AS AD
10. What experience do vou have in working with Code Enforcement and Compliance?
Answer: My direct experience came when a homeowner in the Southem Golden Gate Estates
originally petitioned to get a fish faml pernlit, which turned into a mining operation. I worked with
various departments within the state to look at the coordination of code compliance and enforcement
as it related to the successful prosecution of the case, coupled with the concerns oflocal government
agencies, and to ensure all departments were in agreement to a successful resolution of the issues.
11. Please describe your experience in handling highly visible cases and the nature of the
case. Did vou utilize outside counsel?
Answer: The most highly visible case recently that I handled involved the landowner in Southern
Golden Gate Estates. It involved a Vietnam Veteran who was caring for a mother and child and had
developed his land into a mining operation. The Veteran was on national news, spoke with the
newspaper, was vocal in the press regarding the State taking his property through eminent domain.
We did not utilize outside counsel for this case; rather I handled the case personally. I have
previously utilized outside counsel in my position in New York City handling legal malpractice
actions. Knowing the law, how cases work, all aspects of litigation, and billing, I was able to
successfully report to management on the legal issues, evaluate the risk, and ensure fair and accurate
billing.
12. What type of on-going reporting do you provide to your superiors? What type of
electronic case mana2ement svstem does vour or2anization currentlv use?
Answer: In my current position and in the Attorney General's office, I was given a lot of autonomy
in the handling of my cases. This is due to my expertise and skill as a lawyer, my familiarity with
the law, and the comfort level my supervisors have with me. Otherwise, I reported more on the
highly visible, high exposure cases. I have used outlook, time matters, lotus notes and other
computer systems. Those systems have event and follow up capabilities.
13. Have you ever developed or conducted a cost allocation formula evaluation? Workload
estimates analysis? What were the results of these studies?
Answer: I have not worked with those types of studies.
14. What expericnce do you have with recruitment, professional development and training
proj!;ram implementation?
Answer: Over the past ten years, I have direct experience recruiting, interviewing and hiring of
personnel, both professionals and legal staff. I have also hired expert witnesses, including
appraisers, accountants, surveyors, engineers, and land planners, to nanle but a few. When I have
hired new lawyers, or legal staff, I have developed a plan to indoctrinate them into the electronic
systems, the tracking systems, and the procedural systems we have in place. I have also conducted
mini seminars in all aspects of civil litigation, worked with management for improvement measures
to implement with certain individuals, and trained new lawyers III developing arguments,
persuasiveness and analysis of issues. .
15. Are you currently, or have you evcr been a member of the Florida Bar? If not
currently a member of the Florida Bar, are you able to sit for the bar upon your
appointment to this position?
Answer: I have been a member in good standing with both the Florida Bar slllce 1997 and
Wisconsin Bar since 1982.
16. Please describe any additional areas of expertise or experiences/project involvement
WATERS. OLDANI EXECUTIVE RECRUITMENT
Pi,GE 3
2006@lliISDOCUMENTISCOPYRIGHTEDA1\'D IS CO?'(SIDERED PROPRIETARY I?'!FORMATION
TIllS DOCU.ME:'>.'T OR ANY PORI10.!':S Of HIlS DoeC~1E~T IS GOTTO BE REPRODUCED FOR.'\!':Y Rr::"''\SON \\'J'rnOiJT THE \\1liTfE:'-J CONSE."!T OF TIlE \'I'AlTRS CONSULTL'-JG GROL'P I"-Ie
\'.;'"ArERS-OLDA.:>JI F~'l:ECUTfVE RECRlHTME.L"IT IS A DIVISION OF THE WArERS COKSUJ-TING (,ROUP, fNC. 800.899.16U9 '
9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNA[RE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
ELAINE ASAD
you have/have had that are relevant to the osition for which you are a I in .
Answer: The areas of expertise that I would bring to this position are 25 years of litigation, trying
both civil and criminal matters. More than 15 years practice in the public sector, working directly
with Florida government a encies, enjoying a reputation as a solid and highly competent attorney.
WATERS-OLD"\NI EXECUTIVE RECRUITMENT
PAGE 4
2006@'TIns DOCU!\1ENT IS COVYRlGHnm A"lD IS CONSIDERED PROPRIETARY INFORMAHON.
THIS DOCl:l\./ENT OR !\.c'-.;Y PORDONS OF nus DOCUilfENT ISNOTTO BE REPRODUCED FOR "'-NY RE.l.SOJ'\ \'FJTHOUT THE \\lUTTEN CONSENT OFTI!fi \'(!ATERS CO:-iSL"LTNG CROLl> I!'-:C
W},TERS-OLDAKI EXECL:TlVf.; RECRUID,iENT IS A DfVlSION OF HjE WATERS CONSULTlKG GROUP, It-:C 1\00_899_J669 -, -
ELAINE MARQUARDT ASAD
~;qA
Tel: 954-441-1821<1
emmaska@hotmail.com
1232 NW 137'h Avenue
Pembroke Pines, FL 33028
Email:
LEGAL EXPERIENCE AND QUALIFICATIONS
UAIG - OFFICE OF THE GENERAL COUNSEL
Senior Trial Counsel - 2005 to present
Fort Lauderdale, Florida
*
First and third party lawsuits, coverage issues and bad faith litigation
Bodily injury, subrogation and property damage cases and declaratory actions
Risk assessment and comparative negligence analysis
Motion practice, discovery, mediations and trials (bench and jury)
Knowledge of applicable statutes, regulations and case law
*
*
*
*
STATE OF FLORIDA - OFFICE OF THE ATTORNEY GENERAL Fort Lauderdale, Florida
Deputv Bureau Chief - Senior Assistant Attornev General- 1998 to 2005
*
Represented Florida Department of Transportation and Florida Department of
Environmental Protection.
Represented the agencies in litigation concerning public transportation,
transportation planning, right-of-way acquisition, road and bridge construction,
highway maintenance, eminent domain and environmental issues, including land
use and inverse condemnation.
Administrator and contract manager of consultant and expert witness
agreements in the areas of real estate appraising, civil engineering, traffic
engineering, drainage engineering, certified public accounting, land use and
planning, architecture, general contracting and market analysis.
Analyzed property and business valuations for use in mediation and at trial
Lead attorney for Southern Golden Gate Estates $100M Florida Everglades
Restoration and North Key Largo Projects
Filing and prosecution of more than 300 lawsuits involving 1800 parcels
Significant motion practice, evidentiary hearings, arbitrations, and mediations
Projects successfully concluded on time and under budget
Managed and supervised legal staff of secretaries, paralegals and attorneys
*
*
*
*
*
*
*
*
RISK ENTERPRISE MANAGEMENT/HOME INSURANCE COMPANY
New York, NY and Chicago, IL Counsel- 1991 -1996
*
Interviewed, selected, trained and supervised claim personnel
Legal professional liability and general liability cases
Negotiated and mediated savings and loan cases involving the RTC and FDIC
Represented insureds - first and second chair responsibilities - with case
exposure in excess of $1.5M and reserves in excess of $10,000,000
Coverage and liability analysis, reservation of rights, and risk assessment
Supervised and directed outside counsel and resolved billing issues
Relocated to Chicago to create and manage professional legal liability division
*
*
*
*
*
*
STATE OF WISCONSIN
Assistant District Attornev - 1986 - 1990
*
.
*
*
Prosecution of felonies and misdemeanors
Reviewed law enforcement reports to make charging determinations and to
assess the strength and credibility of evidence;
Drafted complaints and search warrants; conducted preliminary examinations,
extradition hearings; evidentiary and sentencing hearings;
Tried over 50 jury trials from jury selection through verdict, including felony
possession and distribution of controlled substances, felony sexual assaults,
felony causing injury by criminally reckless conduct and misdemeanors
ELAINE MARQUARDT ASAD
page~w9 A
LIEBMANN, CONWAY, OLEJNICZAK & JERRY, S.C.
Associate Lawver - Green Bay, WI - 1983 - 1986
*
Insurance defense litigation - products liability, premises liability
Served as legal counsel for governmental entity in contract dispute
Clients brought into the firm included a hospital and a bank
Addressed the General Assembly of the Wisconsin Academy of Trial Lawyers
Annual Meeting and Winter Seminar - 1984
*
*
*
HONORABLE EDWARD J. McMANUS, Chief Judge
United States District Court Northern District of Iowa
Judicial Clerk - 1980
*
Reviewed motions filed and researched applicable rules, statutes and case law
Drafted proposed findings of fact and conclusions of law
Attended pretrial conferences, settlement conferences and trials
*
*
BUSINESS EXPERIENCE
DIGITAL REPROGRAPHICS, INC.
President/Secretary/Treasurer - 2000 to present
Fort Lauderdale, Florida
*
Responsible for legal, financial, budgetary and administrative matters
Prepared all monthly and quarterly state and federal financial reports
Review of contracts for procurement of office technology and machines
Addressed all employee issues, including hiring, leave and payroll matters
*
*
*
ACADEMIC EXPERIENCE AND QUALIFICATIONS
NOVA SOUTHEASTERN UNIVERSITY
SHEPARD BROAD LAW CENTER
Adiunct Professor - 2002 - 2005
Davie, Florida
*
Adjunct Professor for Advanced Lawyering Skills and Values Course
Instructed second and third year students
Classes taught include trial and appellate advocacy (including oral arguments
and brief writing) and civil pretrial practice and procedure (state and federal rules)
Integrates legal theory with everyday practice, professionalism, and ethics
*
*
*
EDUCATION
DRAKE UNIVERSITY LAW SCHOOL, Des Moines, IA
JURIS DOCTORATE - 1982
* Dean's List Law Review Staff - Junior and Senior Years
* Moot Court - Iowa Supreme Court Arguments, en banc
COE COLLEGE, Cedar Rapids, IA
BACHELOR OF ARTS - 1979
* Business Administration and Economics Degree
* International Honor Society in Economics - Senior Honor Thesis in Economics
MEMBERSHIPS & AFFILIATIONS
WISCONSIN BAR ASSOCIATION - Member in good standing since 1982
FLORIDA BAR ASSOCIATION - Member in good standing since 1997
9A
MARIA CHIARO
c
THE WATERS CONSULTING GROUP, INC,
800,899.1669 WWWWATERSCONSULTING.COM
9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
MARIA CHIARO
Maria J. Chiaro
PO Box 1497
Naples, FL 34106
Mobile Phone: 305-582-8031
Home Email: MJChiarol(maol.com
CURRENT TITLE AND Division Chief - Land Use and Environmental
ORGANIZATION NAME Office of the City Attorney - Miami, Florida
REPORTS TO (TITLE) City Attorney
POPULATION SERVED 360,000
STAFFIBUDGET Staff 56"' - Law Department Budget $6.6M
EDUCATION AND LICENSES Juris Doctor, University of Miami, 1981
Admitted in Florida and Texas
CURRENT SALARY $219,920K per year Dlus $18K Dension contribution
(
1. Please tell us why you are interested in this position and why you are considering
moving?
Answer: Collier County's Land Use issues, among other things, are pmiicular1y akin to my areas of
expertise. Also, a law department of less than 15 attorneys is ideal for the model of a superlative in-
house government office that I would like to lead.
2. Please describe your current scope of responsibilities including staff and budget. What
is the largest number of people that you have managed and the largest operating
budget vou have managed?
Answer: I lead the Land Use and Environmental practice in my office, specifically supervising the
attorneys in that division and thus have direct and relevant experience with land use, zoning,
comprehensive plans, and real estate issues. As part of the leadership team, I mn responsible for
overall office operation, including various other areas of law and administration as referenced on my
resume. I have been involved with the management of office personnel which staff now includes
approximately 30 attorneys and other professionals mld approximately 25 support staff. Our highest
budget was $6.7M and is currently $6.6M, the preparation ,rod implementation of which I am fully
involved.
3. What role do you play with your organization's elected officials? County/City
management team? Public? Media?
Answer: I provide counsel and advice to five elected commissioners, the mayor and the city
manager weekly and, oftentimes, daily. I communicate constantly with department directors.
Occasionally, I meet with members of the public, either with or at the express request of, the
officials or the manager. I speak directly with the media regarding the City of Mimni legal cases and
Issues.
4. Please describe your management style. What percentage of your time do you spend on
management vs. involvement in the county/city's caseload?
Answer: My personal and professional style is enthusiastic and energetic, with a goal toward leading
through example. I work hard at giving clear directions to obtain specific, measurable results. I
WATERS-OLDANI EXECUTIVE RECRUITMENT
P.\GE 1
2()OM~ THIS DOCUi\1E.'\"T IS CQPllUGlfl'ED.",-l\:D is CONSIDERED PROPRIET-'illY D'\FOR..1vl'\.TJO:\!,
DUS DOClii\IEST OR ."'-'Y PORTIO:-;:S OF 11-11S DOCC\1E."JT IS :-<ClT TO BE REPRODCCED FOR .\c'>:Y RE'\.SON \XTD10Ll'THE \l\'R1TIE'\! CON5,,,"T OF TIrE \'(''',.TERS CO~SCLTI'\!G GROLl), NC.
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respect protocol and chain of command. Because of my varied professional experiences and
involvement with diverse communities of residents and employees, I find that a collaborative
approach, at times, achieves the highest functioning office and produces exceptional results. Above
all, my management style is respectful of individuals' backgrounds and knowledge, whether the
individuals are my direct report employees or otherwise.
5. Please describe the nature/type of cases you have been involved with recentlv?
Answer: During the last month, among other things, some of the issues/cases I have been involved
in include the negotiations among Miami-Dade COW1ty, the Florida Marlins, Major League Baseball
and the City of Miami regarding a development project to construct a baseball stadium at the Orange
Bowl site. I have also negotiated statutorily controlled development agreements related to casino
gambling, drafted green purchasing and other "green" ordinances, an ethics ordinance and a mural
ordinance. I have spent some of my time implementing a previously drafted and adopted "living
wage" ordinance and adjusting language in alcoholic beverage and noise ordinances.
6. What kind of feedback have you received from people with whom you work on a daily
basis with re!!ard to your strengths?
Answer: I an1 told that I have clarity of thought and ability to succinctly develop solutions to the
legal issues presented and that I have the ideal temperament to be City Attorney. My demeanor and
actions are of high moral character, reflecting wisdom while demonstrating warmth, integrity and
competence. My commissioners, manager, and mayor say that I am extremely responsive and
produce results that reflect their direction to me while applying applicable legal principals. They
have said that I am results oriented and hold myself and my staff to the highest of standards but that
I am easy to work with. My colleagues say that I am congenial and supportive, respectful and
deferential to those who work with and for me and, in the office, consider me to be the computer
"go-to" person.
7. What kind of feedback have you received from people with whom you work on a daily
basis with re!!ard to vour weaknesses?
Answer: On weekends, "Professional/Social" events occur that, for the most part, I do not attend.
Some of my colleagues and commissioners have noted that I miss the opportunity to interact with
those who do attend.
8. How would others characterize your communication stvle?
Answer: Receptive, open, direct, clear, and concise.
9. What experience do you have in developing and reviewing or . .
revlsmg
ordinances/zoning codcs and policies relating to development? How familiar are you
with TIF SIDS LIDS as they relate to zoning and code? Have you written any
le!!islation with re!!ard to ordinance/code?
Answer: Either I, or those who report directly to me, draft and amend all zoning, comprehensive
plan, special districts, and related legislation and policies from inception to final approval. I am very
familiar with the requirements, local, state and federal, for tax increment financing vehicles and
special purpose improvement and taxing districts.
10. What exnerience do vou have in working with Code Enforcement and Comnliance?
Answer: Supervision of legal issues related to code enforcement and compliance is my specific and
direct responsibility. I am involved and participate in each aspect of the code cnforcement process.
11. Please describe vour experience in handling highly visible cases and the nature of the
9D
Pi
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
MARIA CHIARO
WATERS.OLDANI EXECUTIVE RECRUIT\!E"lT
PAGE 2
~006(Q THIS DOCUME:-:T IS COFYRlGHTF.D .\.'\:D IS CO~SIDERED PROPRIF.T_'\RY I:\:FOR-\1J\.TIO!\".
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'iX'_'\.TER3_0LDAc'\IJ EXECL'Tn"E RECRLIT~E.'<T IS A, DrYT$lO" OFTIfE w_'\.n-:RS CO:\"St'LTI:\iG GROL;P, I"C 800.899.1669
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case. Did vou utilize outside counsel?
Answer: Most of the types of cases I handle are high visibility, either by the subject matter
encompassed or by the impact on the City of Miami. Examples include challenges to entire elements
of the comprehensive plan, the granting of subpoena power to a dependant agency by referendum
and imposing a fee on all parking facilities with the jurisdiction. Outside counsel is engaged only in
instances of conflict or when a need for specialized areas of expertise cannot be met by in-house
lawyers.
12. What type of on-going reporting do you provide to your superiors? What type of
electronic case management system does your organization currentlv use?
Answer: We use Prolaw<<;l, which provides unlimited document, case and time management
reporting capabilities. I was instrumental in the selection of the system and am active in its ongoing
implementation.
13. Have you ever developed or conducted a cost allocation formula evaluation? Workload
estimates analvsis? What were the results of these studies?
Answer: Prolaw<<;l provides the information to perform evaluations related to the cost and workload
management of the City of Miami in-house law department and allocation of its resources insofar as
each of the other city departments. I constantly examine the information yielded but have not
conducted any studies, per se, related to same. Because local govemment means elected officials
serving the needs of their citizens, the formulas for allocations rcsources must ultimately yield to
providing whatever is required regardless of preconceived detemlinations.
14. What experience do you have with recruitment, professional development and training
orogram implementation?
Answer: In each of my career positions, I have been directly involved in the recruitment and
selection of cmployees who are hired. My involvement with the Intemational Municipal Lawyers,
Leadership Florida, and specific other bar organizations as described on my resume have provided a
superior supplement to the usual methods for recruitment. In addition, I nurture the professional
friendships that I have developed through my years in practice, which friendships often yield
excellent referrals to outstanding potential employees.
15. Are you currently, or have you ever been a member of the Florida Bar? If not
currently a member of the Florida Bar, are you able to sit for the bar upon your
anoointment to this position?
Answer: I have been admitted to the Florida Bar since 1981 and am Board Certified in City, County
and Local Government Law for 12 years.
16. Please describe any additional areas of expertise or experiences/project involvement
vou have/have had that are relevant to the position for which vou are aPDlvinO".
Answer: Along with my extensive experience in management, litigation, administrative law, land
use, and my knowledge of local govemment laws, I am thoroughly familiar with associated statutory
and constitutional law in Florida and applicable federal law. I am admitted in the Supreme Court of
the United States and in the Middle and Southem District Federal courts. I have advised members of
various boards and commissions. I believe that while representing a local government, one must be
available at all times to answer the inquiries of the chief executive and individual members of the
board and ensure that the processes used and procedures followed in all actions are consistent and
relevant. I have a specific expertise in ethics, Florida Government in the Sunshine Law and Florida's
COLLIER COUNTY, FLORlDA
CANDIDATE QUESTIONNAlRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
MARlA CHIARO
WATERS-OLD"\NI EXECUTIVE RECRUlTMENT
P.\GE 3
20060 THIS DOCU/vfEl-.:T lS COPYRlGl-lTED 1\..'\0 IS CO~SlDERED PROPRJE.L\RY NFOR-"'1-"TJO~
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"..HER$-OLD."--'\l EXECUTJYE RECRL:IT?vlE"r IS A DlYTSJO,-, OFTHE WAT':':RS CO"SL'LTING GRan>, INC. 800.899.1(,(;9
91\
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
MARIA CHIARO
Open Records Law, having been personally named in a challenge related to the Sunshine Law r-
WATERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 4
2006iC1HI$ DOCCME~T IS COPYRIGHTED /\.....CD IS CO>JSIDERED PROPRIETARY I~FOR!vlUIO~.
rms DOCL"ME.'\T OR .",--,\:y PORTIO~S OF THIS DOCUJ\.fE'\:T IS ~OT TO BE REPRODUCED FOR :\.. '<Y Rr:-\SO!>: \XTI'HOUT THE \\'RrITE:--J COI\:SE~T OF THE ,," HERS CO~Sl'LTl"W GROCP j";C
\'{'ATERS-OLD:\!\"J EXECL'TIYE RECRUIThfE"'T rs .'\ DrY/SID='! OF TilE W:.n1':RS C(NSULTI~G GROL'P, INC." 800.899.1669 - - ,
~ 9/"
MARIA J. CHIARO
PO Box 1497
Noples, Florida 34106
Tel: 305 582-8031 Fax: 305 400-5239
Email: michiarol@aol.com
LEGAL EXPERIENCE:
CITY OF MIAMI May 1998 - Present
INTERIM CITY ATTORNEY (axJ4); DIVISION CHIEF
Land Use, Zoning and Environmental Division Chiet: Advise at Commission meetings, drall and
recommend legislation and act as general counsel to the Commission, Manager and municipal
departments with, and in the absence ot, the City Attomey. Legal counsel on policy matters including
local, state and federal legislation, sunshine law, public records, procurement, ethics, land and facilities
acquisifion and maintenance agreements, contracts, ethics, charter and code provisions.
constitutional, employment and labor issues. Directly supervised attomeys in labor, land use, legislation
and police legal advisor divisions. Evaluated and managed support staff of twenty-five. Primary staff
counsel for creation of a torm-based land development code. Dralled statutory enabling legislation
and created City of Miami Parking Surcharge ordinance, which generates $13 million in annual
revenues; created the City of Miami Civilian Investigative Panel charter provision and ordinance for
civilian oversight of police procedures; coordinated Interlocal Agreement with the Miami-Dade County
related to development of airport facilities; established unique legislation related to environmental
protection policy initiative.
ASSISTANT CITY ATTORNEY 1984 - 1988
Responsible for complex civil rights litigation including state and federal challenges related to equal
access and permitting procedures. Achieved crucial positive results in defending public records and
labor injunctive and civil rights actions among which included Miami Herald, et a/. v. Maurice Ferre.
Achieved results in favor of Commission action in Treister, et of v. City of Miami, where owners claimed a
denial of rezoning deprived them of use ot Coconut Grove property next to the Barnacle Historic Site.
Successfully defended and negotiated significant police civil rights cases including Estate of Nevel
Johnson v. City of Miami. Trained and directed novice staff attomeys in all aspects of litigation.
Esfablished and directed hiring and supervision of law clerks for each division.
CITY ATTORNEY 1992-1997
Naples, Florida
Chief Legal Officer unanimously appointed by seven member Council of Collier County municipality.
Integral member of management team. providing legal representation and opinions to Council. Clerk,
Manager, all boards, commissions, bureaus and agencies, including newly established Community
Redevelopment Agency. Prepared ordinances, contracts, agreements, resolutions and all complex
legal documents, and local legislation for establishment of special districts. Provided direction on
employee benefits, bargaining, insurance, safety and civil rights issues. Litigated election, land use,
police civil forfeitures, and code enforcement challenges. Formulated plans for compliance with and
provided updates related to open meeting law, public records retention, and amendments to
applicable state and federal law. Recoditied charter and code, updating a 1954 document. Selected,
coordinated, supervised and evaluated services of outside legal counsel. Provided training and
education tor staff and members ot the public. Liaison for correlation ot issues jointly aftecting Collier
County and Naples. Developed joint agreements between Naples and the School Board tor facilities
use. Responsible tor supervision, administration, budget and accounting tor department, including
creation of time management system.
LITIGATION DIRECTOR 1990 - 1992
First Assistant City Attomey
Miami Beach, Florida
Specialized assignment to evaluale, coordinate, direct and present tor trial all litigation. Recruited and
trained personnel for litigation division of selt-insured municipality.
9A
Chiaro Resume
Page 2 of 3
CITY ATTORNEY 1988 - 1990
Hollywood, Florida
Chief Legal Officer and primary counsel to City Commission. Provided legal analysis and advice to the
Commission, Clerk, Manager, all boards. agencies and departments on complex issues concerning the
Comprehensive Land Use Plan, Zoning Code, local, state and federal law, election law and all other
legal matters. Facilitated legislation for adjusting the boundaries of municipalities through annexations
or contractions of corporate lirnits, and creations of newly formed entities. Administrator of staff of
twelve. Directed redrafting of city code. Devised and implemented policy changes for risk
management, police, civil service and enforcement boards. Supervised successful negotiation of
documentation related to Hollywood Downtown Redevelopment Project, Hollywood Art and Culture
Center, regional Boys and Girls Club Facility, Hollywood's participation in Broward County Resource
Recovery Program, Large User Wastewater Agreements in connection with $100 million sewer expansion
bond financing and developer agreements related to voluntary annexations and recycling programs.
Administered the development of transactional documents, including vendor and pertormance
agreements for community festivals and supervised creation of design guideline, sidewalk cafe, adult
business, and fire inspection fee regulations. Successfully litigated injunction actions challenging legality
of code provisions and city commission actions. Generated increase of approximately $500,000 in
revenues through contract negotiation, code enforcement liens and court prosecutions.
PRIVATE PRACTICE
Naples, Florida 1997 - 1998
Representation of individuals and groups for complex transactions, land use and governmental issues.
Hollywood, Florida 1982 - 1984
Supervised attorneys, activities, case evaluations and assignments to members of the litigation
department of a small, progressive law firm. Areas of emphasis included general and commercial
litigation. personal injury and insurance claims.
ASSISTANT STATE ATTORNEY 1981 -1982
Dade County, Florida
Prosecutor charged with sole responsibility for Branch Courts. Duties included prosecution. preparation
of police and code enforcement officers for trial, and training of legal staff for witness and victim
interviews, case investigation, negotiation, and trials.
CERTIFIED lEGAL INTERN 1980 -1981
Department of Legal Affairs, Consumer Fraud Division
Counsel for obtaining cease and desist order against Publix Supermarket chain on charges of
rnisleading advertisernents. Coordinated case investigation and triai preparation. Negotiated
settlements and agreements. Responsible for media briefing, direct contact with consumers, witness
preparation, depositions and pleadings.
PROFESSIONAL ADMISSIONS:
United States Supreme Court
The Florida Bar Board Certified - County, City, and Local Government Law
The State Bar of Texas
United States Court of Appeals for the Eleventh Circuit
United States District Court, Southern District of Florida
United States District Court, Southern District of Florida Trial Bar
United States District Court, Middle District of Florida
\, aA
\l "7
Chiaro Resume
poge 3 of 3
EDUCATION:
University of Miomi School of Law
Coral Gables, Florida
JD - January, 1981
Florida Atlantic University
Boca Raton, Florida
BA Communications/Marketing - June, 1978
Miami-Dade College
Miami. Florida
AA Journalism - December, 1976
Curn Laude
PROFESSIONAL ORGANIZATIONS AND AWARDS
American Bar Association
Association of Trial Lawyers of America
Collier County Bar Association, Boss of the Year Award 1995
Florida Association of Municipal Attorneys
Florida Association of Police Attorneys
Florida Association of Women Lawyers
Florida Bar Section Memberships: Land Use, Local Government
International Municipal Lawyers Association Host Committee, Miami Beach Nat'l Convention, 1998
Feotured Speaker: Land Use Jurisdiction, National Convention, 1988
Federal Court Removal - A Nest of Vipers, National Convention, 1989
Leaislation Promotina Environmental ResPonsibilitv Nat'l Convention 2007
NACOLE Conference, 2005, Panelist, The Media and Police Oversiaht
Top Government Attorneys South Florida Legal Guide 2004; 2007
Best of the Bar - Local Government Lawyer South Florida Business Journal 2005
Florida Legal Elite - Government Attorney Florida Trend Magazine 2007
OTHER EXPERIENCE:
1975 to 1978
Managing Editor for bi-weekly publication. Published free-lance writer with emphasis on consumer issues.
ORGANIZATIONS & ACTIVITIES:
American Bar Association
Cuban American Bar Association
Eleventh Circuit Historical Society
International Association of Municipal Law Officers
Leadership Collier. 1993
Leadership Florida, 1995
Leadership Southwest Florida. 1994 Charter Class
Miami River Coordinating Commiffee - Pro Bono Legal Counsel- 1987
JOHN DICI<ERSON
THE WATERS CONSULTING GROUP, INC.
800.899.1669 WWWWATERSCONSULTING.COM
9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JOHN DICKERSON
John K. Dickerson
18614 Fox Hollow Court, Northville, MI48168
Home phone: 248-465-9940
Business phone: 313-755-7395
Mobile phone: 248-207-7446
Home E-mail: jdickerson74@comcast.net
Work Email: idickersiaJ.ford.com
CURRENT TITLE AND Independent Counsel
ORGANIZATION NAME Ford Motor Company/ACH
REPORTS TO (TITLE) General Counsel
POPULATION SERVED N/A
ST AFF/BUDGET N/A
EDUCATION AND LICENSES Juris Doctor, 1984, University of Detroit
MBA, 1983, University of Detroit
BS - Engineering, 1974, US Military Academy at West Point
Active in Michigan State Bar
CURRENT SALARY $200,000
1. Please tell us why you are interestcd in this position and why you are considering
moving?
Answer: This public service position offers the opportunity for me to give back to the community.
After twenty-five years in private industry, I am overdue in returning to my roots in public service,
and am anxious to apply my knowledge and skills for the benefit of the people of Collier County.
With our children having moved out of the state of Michigan, my wife and I are ready for change
and new challenges. This position provides a challenge and an opportunity for both personal and
professional growth.
2. Please describe your current scope of responsibilities including staff and budget. What
is the largest number of people that you have managed and the largest operating
budget you have managed?
Answer: In my current position as independent counsel to the Company, I do not have
responsibility for staff or budget - other than managing outside counsel that I utilize for specific
project support within an cstablished budget. However, as two other points of reference, I offer the
following: (i) at various times during my career with the Company, I have directly managed up to
four lawyers, seven contract profcssionals, two admin, one clerk, and outside counsel, including
personnel matters and budget, with indirect ("dotted-line") responsibility for up to six additional
lawyers, and (ii) at various times during my military career, including line and staff officer
positions, I have been directly responsible for up to fifty-three soldiers, including tens of millions of
dollars of equipment and training budget. During my service with the Company, my largest
operating budget was approximately $2 million, with additional budget for litigation and large
transactions, each case of which could run to $750,000 or more. In the military, I was responsible
for the training budget for a infantry brigade as the Brigade Training Officer.
W,\TERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 1
2006@illISDOCL'.\1ENTISCOPYRlGHTEDAND]SCONSIDERED PROPRlETA,RY 11'FOR.t\iATION.
TI-IIS DOCl))"IE}.:T OR k'JY PORTIONS OF1111$ DOCUlvlENT IS !'lOTTO fiE REPRODUCED FOR.'\J'.;Y REASON \VlTHOUT THE W'RlTIEN CONSEl\'T OFTHE W'ATERS CONSULTli\(~ (-;ROLTP, I:-JC
\\'ATERS.OLbANI EXECL,IVE IlliCRUITMENT IS A Dl\'ISION OFTI-IE WAn'R$ CONSUI.TlNG GROUP, INC H00899.1669
9 i~
3. What role do you play with your organization's elected officials? County/City
manal!ement team? Public? Media?
Answer: I provide legal counsel (although I'm not shy about voicing my opinion on non-legal
matters) up and down and across the organization, while mindful to avoid forum shopping and
exceeding my expertise and authority. My experience includes advising Pub lie Affairs and
Government Relations Staffs, including erISIS management. Outside of my Company
responsibilities, I am a member of Senator Levin's Sel ection Board for Serviee Academy
Nominations.
4. Please describe your management style. What percentage of your time do you spend on
mana2ement vs. involvement in the county/city's caseload?
Answer: I'm a team player who leads by example and seeks to build consensus, while at the same
time taking an approach that "the buck stops here" insofar as I'm a decision-maker and will make the
final call on issues within my scope of authority. I encourage frank and open debate, supported by
rigorous analysis. I do not surround myself with "yes men" and have little value for such people. I
value an open mind, a "can do" attitude and, above all else, integrity. I do not punish mistakes
(within reason), subject to the person leaming from such mistakes and not repeating same or similar
actions. Constant improvement my mantra; if you're not . . you're
IS Improvmg, regressmg.
Approximately one-third of my time is spent on management activities and the remainder on
substantive counseling and specific projects.
5. Please describe the nature/type of cases vou have been involved with recentlv?
Answer: Current projects are focused on the restructuring, sale or other disposition of certain
businesses and/or assets as an integral part of the Company's tum-around plan, including local
government economic incentives and compliance with various regulatory (e.g., environmental, land
use) matters. Other recent activities have included special investigations into alleged employee
and/or contractor misconduct, working with outside counsel to successfully defend against EEOC
complaints and subsequent civil actions (e.g, family medical leave act, sexual harassment), creating
domestic and intemational joint ventures, drafting compliance procedures (e.g., SEC, SOx),
negotiating government contracts, and leading the Company's (and financial services industry)
efforts to create a new derivative IP-backed security.
6. What kind of feedback have you received from people with whom you work on a daily
basis with re2ard to vour stren2ths?
Answer: Highest integrity, effective leader and communicator, "real world" business lawyer, team
player and hard worker, iunovative, excellent business acumen, and develoDs subordinates.
7. What kind of feedback have you received from people with whom you work on a daily
basis with re2ard to your weaknesses?
Answer: Sometimes I take-on too much, e.g., accepting new projects, and should do a better job of
recognizing when I should say "no" to new undertakings. Also, I remain a die-hard fan of Army
Football/Sports.
8. How would others characterize vour communication style?
Answer: Open, effective and sincere. My communication "style" may vary to suit the particular
situation at hand. Perhaps disarmingly friendly, but with clear objectives. A good listener who
approaches issues with an open mind and considers the possible ramifications of what and how
something is communicated before speaking or writing.
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JOHN DICKERSON
WATERS-OLDANI EXECUTIVE RECRUITMENT
P"-\GE 2
2006@THISDOCUlvIENTISCOP,'RlGHTEDANDISCONSIDERED I'ROPRIETJ'LRY INf'OR.M.ATION.
THIS DOCUMEI\:T ORA'Jl'PORTIONS OFTJIIS DOCU/'vfENT IS NOT TO BE Rl'PRODUCED fORA",,," RE.'\.SON \'\.]THOUT"IlIE \\'RllTEC>; CONSry,'T OF1HE 'i\'J\TERS CONSUl 11.NG GROUP INC
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9. What experience do have in developing and reviewing . .
you or reVISIng
ordinances/zoning codes and policies relating to development? How familiar are you
with TIF SIDS LIDS as they relate to zoning and code? Have you written any
legislation with regard to ordinance/ code?
Answer: I have extensive knowledge and experience in commenting on draft legislation in
numerous substantive areas, including working directly with the sponsoring agency to draft such
legislation and supporting codes. My experience includes working with local authorities to facilitate
industrial development related to the business of the Company (e.g., heavy industry/manufacturing,
light commercial). While I understand the purposes and structures of tax increment financing
("TIF"), and special improvement district programs ("SIDS"), I have no direct experience with these
programs insofar as the Company is not generally subject to, or a beneficiary of, such programs. I
do not view that as a deficiency, though, as I understand the underlying concepts and can quickly
gain the understanding necessary (and utilize existing on-staff expertise) to assure adequate support
for County programs. Regarding low impact development programs ("LIDS"), however, the
Company is one of the leaders in developing and implementing LIDS, e.g., the "living roof" of the
Rouge Plant in Michigan. As counsel for Ford Land and the Company's sustainable manufacturing
initiatives, I have played a significant role in the development and implementation of such projects.
10. What eXDerience do vou have in workin!! with Code Enforcement and ComDliance?
Answer: As part of my responsibilities as counsel for Ford Land, I have extensive experience in
handling compliance matters with local codes and ordinances (e.g., fire & safety, land use) as well
as state and federal (e.g., environmental, safe drinking water) requirements. In my corporate
practice, I have extensive experience in occupational health and safety matters at the state and
federal level.
11. Please describe your experience in handling highly visible cases and the nature of the
case. Did you utilize outside counsel?
Answer: Examplcs follow: I was lead/primary counsel for the United States Advanced Battery
Consortium and negotiated the first Cooperative Agreement with the DOE culminating in a signing
ceremony at the White House with the President and the Secretary of the Department of Energy. No
outside counsel was utilized for this project. I negotiated the settlement of a multi-million dollar
OSHA citation, including the development of a precedent setting ergonomics program accepted by
the Department of Labor and the union (UA W). Again, without the utilization of outside counsel. I
negotiated a multi-national, high profile, joint venture in support of the development of fuel cell
technology. Outside counsel was employed for specific country and regulatory cxpertise. I
managed the immediate legal Issues, including those relating to press releases and disaster
management, arising from a workplace accident/explosion resulting in loss of life and significant
property damage.
12. What type of on-going reporting do you provide to your superiors? What type of
electronic case mana!!ement svstem does vour orlmnization currently use?
Answer: Monthly and "as needed" updating of significant events to the General Counsel and other
members of Company senior management. I developed a Transaction Value Report to capture the
"value" to the Company generated by certain transactions (e.g., cooperative agreements, joint
research, university agreements) previously under-reported/recognized by the Company. In addition
to commercially available products (e.g., DocMan), I was a major contributor to the development of
.~~ ~
l' .....
COLLIER COUNTY, FL~i
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JOHN DICKERSON
WI,TERS-OLDANI EXECUTIVE RECRUITMENT
P""GE 3
2006tl THIS DOCUl\.iliNl' IS COP'\'RIGHTFD AND IS CONSIDERED PROPRIETARY INFORMATiON.
THIS DOCUivI.E-",T OR A"'Y PORTIOl'-'S armIS DOCUJ\.lEi'-iT IS NOT TO BE REPRODUCED POR ANY REASON \Jii11'HOUT11-lE \~'RITIEK CO~SE.NT OF THE W"_>\TER'i COc,rSL'LTL"'G GROUP, INC.
\V'HERS-OLDANI EXECUTIVE RF.CRlIITi\1f'j\."T IS..... l)JVISIOK OF11-iE \l,".'ATER5 CONSL'ITI"<G GROUP, INe. 800.89')1669
9A
a case management and asset management system ("Anaqua") developed jointly by Ford and British
American Tobacco, which was subsequently sold to a venture capital company and is now available
commercially and in use by major companies and firms, including Microsoft, Coca-Cola, Kimberly
Clark, Ford, BAT, and others.
13. Have you ever developed or conducted a eost allocation formula evaluation? Workload
estimates analvsis? What were the results of these studies?
Answer: I was a major contributor to the development of cost allocation formula for major
government-industry programs (e.g., Partnership for New Generation Vehicles, FreedomCar), which
resulted in funds-in to the Company for certain services heretofore the sole expense of the
Company, with no major comments resulting from DCAA audits; I have participated in Ford's legal
services and cost estimation and allocation program, which contributes to total budgeting of the
Office; and I have developed innovative fixed cost project arrangements with outside counsel
resulting in cost savings to the Company.
14. What experience do you have with recruitment, professional development and training
pro!!ram implementation?
Answer: I have many years of membership in the Legal Office Hiring Committee of Ford Motor
Company and Ford Motor Crcdit Company, including appointment as the Chairperson. My
responsibilities have includcd developing and managing the Summer Associate Program and
training. Separate from my Hiring Committee responsibilities, I have had responsibility for the
recruitment, professional development and training of lawyers, contract professionals and support
personnel within the Transactions Team Practice Group and the Government Contracting Group,
including the development and implementation of internal programs as well as managing the use of
external resources and programs. Additionally, I have developed and implemented numerous
training progranls (e.g., how to manage transactions, various compliance programs, government
contracting) within the Company.
15. Are you eurrently, or have you ever been a member of the Florida Bar? If not
currently a member of the Florida Bar, are you able to sit for the bar upon your
appointment to this position?
Answer: I am not currently, and have never been, a member of the Florida Bar. If required, I am
prepared to sit for the Florida Bar.
16. Please describe any additional areas of expertise or experiences/project involvement
you have/have had that are relevant to the position for which vou are annlyin!!.
Answer: I was appointed by the VPs of DaimlerChrysler, Ford and GM to the position of Chief
Counsel of the United States Consortium for Automotive Research, and as such was responsible for
creating and managing a legal budget and the provision of all legal services to the venture. I also
have extensive experience in construction law matters, including contracting and the settlemcnt of
claims and litigation. I have broad experience in dcaling with local, state and federal agencies. I
develop my subordinates and mentor young attorneys. I have extensive experience in minority
recruiting and development as well as other diversity initiatives within the Company, professional
associations, and the community.
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JOHN DICKERSON
WATERS.OLDA~I EXECUTIVE RECRUITMENT
P,~GE 4
2006@TIlISDOCUlYfE."iTISCOP'tlU(;HTEDANDISCONSIDERED PROPRIET/\RY ll-.'FORMATION.
Tl-:IlS DOCUMENT ORAl":Y PORTIONS OWTIns DOCUlYtEi'T IS NOTTO BE REPRODUCED FOR _"NY RL\SQN WJTH(H:T THE W'RITTEN CO.\JSENT OF THE W'j\TERS CO:--.lSUJ.TIN(~ GROUP, INC
\'\'IITERS-OLDANI EXEClTJ'lVF IUKRL:lTMENT IS.\ DTYISJC!'J OFTHE W,'\TLRS CO:\:SlJLTING GRQCI', INC 800.8~9_1669
9A
JOHN K. DICKERSON
18614 Fox Hollow Court
Northville, MI 48168
248-465-9940
id ickers(Q)ford.com
EXPERIENCE
Ford Motor Company, Office of the General Counsel
Independent Counsel 2007 to present
Advise and counsel senior management regarding Ford's turn-around efforts, including the restructuring,
sale or other disposition of certain assets, liabilities and businesses. Lead specific project teams,
including the identification and resolution of all legal issues, and negotiate to conclusion with third party
buyers and other interested parties (e.g., local, state and federal regulators).
Secretary and Managing Counsel. Ford Global Technologies (FGT) 1999 to 2007
Senior counsel within FGT, a subsidiary managing all intellectual capital of Ford on a global basis, with
primary responsibility for all corporate (e.g.. FGT governance) and commercial (e.g., technology transfers
and licensing) matters. Participate with the Secretary's Office of Ford and its other affiliates in the
development and application of company policies and procedures worldwide, including external reporting
and compliance matters (e.g., SEC, SOx, US Government contractor status), for Ford. Primary counsel
for all research and advanced engineering activities of Ford and its affiliates worldwide. Advise and
counsel senior management, including the board of directors, regarding business strategy and risk
management. Responsible for leading the Transactions Team within FGT (consisting oflawyers, contract
professionals, paralegals, administrative personnel and clerks), including budget and personnel matters, as
well as overseeing and coordinating external resources, to support fully the transactions undertaken by
Ford and its affiliates worldwide. Provide counsel on federal and state disclosure and privacy laws.
Counsel- Comorate Transactions 1995-99
Lead business lawyer for Ford and its affiliates in numerous domestic and international transactions (e.g.,
acquisitions, divestitures, joint ventures) material to the business and operations of the company,
including all government contracting and related legal issues (e.g., FOIA). Special projects counsel for
the General Counsel, handling sensitive matters of special significance to the company. Company subject
matter legal expert regarding government relations, lobbying activities, and federal and state election law
matters, including appointment as Chief Counsel for the Ford Motor Company Civic Action Fund (the
company's political action committee). Lead counsel on construction law matters, including compliance
with applicable laws and the investigation and resolution of claims against the company. Primary counsel
for the company's Alternative Fuel Vehicle Operations, including interactions with federal, state and local
agencies, legislative review, and private industry ventures. Responsible for providing counsel to the Ford
Fund, a non-profit Ford affiliate, including the fonn and substance of its grants and contributions.
Provided primary legal support to Ford's global purchasing activities, including contract negotiation,
supplier bankruptcy, alternative dispute resolution, and other legal matters relating to its supply base.
Senior Attomcv - Corporate Transactions 1988-95
Lead counsel for Ford regarding workplace health and safety matters, and "second chair" for labor
relations and special projects. Areas of primary responsibility included compliance with federal and state
occupational safety and health laws, labor laws and certain environmental protection laws; representing
Ford before various regulatory bodies (e.g., OSHA, NLRB, NRC); assisting in the formation of company
polices and procedures; and negotiation and interpretation oflabor contracts. Lead counsel for numerous
IIi 9A
j
. '.'
company vehicle programs (e.g.. electric vehicle program), industry technology consortiums (e.g United
States Advanced Battery Consortium), and government-industry cooperative programs (e.g, CRADAs).
Responsible for all legal matters arising from improvements to real property, including litigation support,
arbitration, mediation and settlements, and compliance with local codes and ordinances (e.g, fire and
safety) .
Ford Motor Credit Company, Legal Office
Attornev 1984-88
Responsible for the management of junior attorneys and support staff in providing legal advice on all
matters, other than litigation, arising from the wholesale and retail sale, lease and financing activities of
Ford Motor Credit Company, including consumer loan operations, insurance, and service club activities.
In addition to the support of new and existing company programs and products in North America, provide
direct legal support to the branch offices and interface with state and local regulatory agencies.
Ford Motor Company, Heavy Truck Engineering
Product Engineer 1979-84
Advanced product design, testing and hardware modification to assure compliance with Ford and industry
design standards and federal regulations. Team Leader and Project Manager of various product sub-
system programs (e.g, noise, engine exhaust and evaporative emissions), requiring the management of
design and development engineers and product designers in support of such programs.
United States Army
Lieutenant/Captain 1974-79
Leadership positions of increasing size and complexity, ranging from direct leadership of a Mechanized
Infantry Combat Platoon in Gennany, to being responsible for the planning, organization, budget and
control of training for a Training Brigade at Fort Benning, GA.
EDUCATION
University of Detroit
J.D. (1984); M.B.A. (1983)
United States Military Academy at West Point
B.S. Engineering (1974)
PROFESSIONAL ASSOCIATIONS, ACTIVITIES & AWARDS
Director, Center for Advanced Technologies, and awarded 2006 Distinguished Service Award; Director,
San Francisco Challenge dfb/aAmericaOne; President and Director, West Point Society of Michigan; and
Founder, Past President and Director, University of Detroit Graduate School of Business Alumni
Association. Appointed Chief Counsel for the United States Consortium for Automotive Research (2002-
04) by the Vice Presidents of each of DaimlerChrysler Corporation, General Motors Corporation and
Ford, and awarded 2005 USCAR Lifetime Achievement Award. Appointed to the State of Michigan
Governor's Task Force for the Adoption of the Unifonn Consumers Commercial Code. 2006 Best Legal
Department Award from Corporate Counsel Magazine, awarded to Ford Motor Company's Office of the
General Counsel. Member of the Selection Board for Service Academy nominations by US Senator Carl
Levin (MI). Lecturer on ethics in business, government contracting, cooperative research and
development, and the recognition and leveraging of intellectual property.
2
GARY GLASSMAN
THE WATERS CONSULTING GROUP. INC.
800.899.1669 WWWWATERSCONSULTING.COM
!i 9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
GARY GLASSMAN
Gary Glassman
10126 South Fulton Court, Orlando, Florida 32836
Home phone: 407-903-5876
Business phone: 813-274-8414
Mobile phone: 407-721-2248
Home E-mail: ggnlawgary@yahoo.com
Work Email: Garv.Glassmaniaitampagov.net
CURRENT TITLE AND Senior Assistant City Attorney
ORGANIZATION NAME City Attorney's Office, City of Tampa
REPORTS TO (TITLE) City Attorney
POPULATION SERVED 350,000
ST AFFIBUDGET 25 Attorneys, 10 Assistants
$3,000,000
EDUCATION AND LICENSES Juris Doctor
Syracuse University College of Law
1978
Bachelor of Arts in History and Political Science
University of Rochester
1975
Licensed in Florida and New York
CURRENT SALARY $123,000
Pension
Health Insurance
1. Please tell us why you are interested in this position and why you are considering
moving?
Answer: Since I started working in local government law, my goal has always been to become
either a county or city attorney. At Orange County, in addition to my regular duties, I asked for and
undertook larger responsibilities including servmg as the legal representative on the risk
management committee, chairing the legal intern committee, and acting as a mentor to younger
attorneys. I tried to involve myself in as many different matters and areas of county government as
possible. My primary purpose in leaving the County for the City of Tampa was that the City position
offered greater experience and responsibility not only in the number and diversity of legal matters,
but in management experienee as well. In Tampa, I have been able to fmther my management
skills, and better understand the role a County/City attorney plays in respect to the overall
government entity. The County Attorney position would permit me to reach my goal. As to moving,
I practiced law in Sarasota for ten years, and really enjoyed the West Coast of Florida. Having
visited Naples several times, we believe, at the risk of excessive flattery, that Collier County is the
only county more beautiful and enjoyable than Sarasota County.
2. Please describe your current scope of responsibilities including staff and budget. What
is the largest number of people that you have managed and the lar!!est operating
W"" TERS-OLD""NI EXECUTIVE RECRUITMENT
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.. 9A
COLLIER COUNTY, FLOluDA:
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
GARY GLASSMAN
bud!!et you have mana!!ed'?
Answer: My current responsibilities can be divided into three categories. First, I am primarily
responsible for litigating cases brought by or against the City of Tampa. My usual case load has
been 30 to 35 cases in state and federal court covering a widc variety of legal issues including land
use and zoning, employment, inverse condemnation, contracts, environmental, civil rights, and torts.
Second, I work with various City departments including Human Resources, Community Affairs,
Audit, Minority Business Affairs, Construction Services, Purchasing, Zoning and Land
Development, and the City Police and Fire Departments. My work with these departments can
range from drafting and/or reviewing ordinances to providing advice on projects ands activities.
Third, I work with the attomeys in the office by providing guidance and support. While I have
several direct reports, all of the attomeys are free to discuss matters with me, and almost all do. I
counsel and instruct some of the newer attomeys in litigation matters and procedures, and assist in
their cases. I have also been knov;11 to order bagels to be shipped from New York City to our office
for staff meetings, as it is difficult to get a good bagel in Tampa.
3. What role do you play with your organization's elected officials? County/City
management team? Public? Media?
Answer: While the mayor restricts most of her contact to the City Attorney, I have met with her
several times on various matters. I have met more frequently with the City Council Members to
discuss issues, and have appeared before the City Council at their nornlally scheduled meetings. In
our office, we have a six member management teanl of which I am a member. The team meets bi-
weekly to discuss management issues, priorities, etc., and to set goals for the office. Because I do a
significant amount of employment work, the City Attomey will often discuss internal employment
matters with me. I frcquently meet with Tampa residents who have complaints about City services,
and are threatening litigation in an effort to resolve same prior to filing suit. I have had regular
contact with both the print and television media on the cases I anl handling.
4. Please describe your management style. What percentage of your time do you spend on
management vs. involvement in the county/city's caseload?
Answer: My management style with staff is based on a number of factors. First is professionalism.
I always try to treat stafI as I would want to be treated. I assume that each person is working to
her/his highest capabilities, and if a problem arises, it should be addressed directly, privately, and
timely. Threats, rude behavior, or a demeaning attitude is ncver employed. Second, I am available
to staff at all times. Rarely is my door ever closed, and I try to respond to questions, issues, etc. as
quickly as possible. Third, I try to lead by example. If I am preparing for a trial, hearing, or
meeting, I do not ask others to expend more time than I am willing to give. The pW']Jose is not to
call attention to how hard I work, but simply to set a standard that I hope others will follow. Fourth,
I encourage staff to not only focus on their positions on a day to day basis, but always keep the big
picture in mind for themselves. I want them to achieve, and become the best lawycrs, legal
assistants, etc. they can be. Nothing would make me happicr than, in my retirement years, knowing
the attomeys who worked for me all moved on and becanle City or County Attorneys or even
higher. Fifth, I always remember that employees are people, and while I expect they will pay full
attention to their jobs, there are times when their outside lives may impact on their performance. In
short, I try to be cognizant of the fact that there are good days, but there may be some bad ones as
well. I would estimate that I spend 15 to 20% of my time on management issues.
WATERS-OLD""NI EXECUTIVE RECRUITMEl'T
P""GE 2
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9,' "
H
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY A HORNEY
GARY GLASSMAN
5. Please describe the nature/type of cases you have been involved with recently?
Answer: One of the reasons I enjoy working as a government attorney is the variety of legal issues
in the cases I have litigated. Every week new cases with interesting factual and legal issues fall on
my desk. Many of the cases have involved constitutional issues coupled with land use and zoning
concerns. For example, I represented Orange County in a First Amendment/Religious Land Use
case involving an Orthodox Rabbi who wanted to conduct religious services, bible study classes,
and religious school training from his home. The County claimed that the activities were in
violation of the County's zoning code. The Rabbi claimed that the zoning code violated his right,
among other things, to the free exercise of religion. The Rabbi sued the County and several County
officials in federal cOUli. The case went on for the full five years that I was at the COUllty. The
district court granted summary judgment to the County, and the Rabbi appealed to the Eleventh
Circuit Court of Appeals. The Court affirmed in part and reversed in part. I have also been
involved in several cases involving adult entertainment again containing constitutional and law use
Issues. These cases have usually ended with favorable decisions for the City or County, however,
the issues still remain. One of the most rapidly growing areas in the land use field has been inverse
condemnation. It appears that anytime a property owner is dissatisfied with a land use decision by
the councilor commission, the remedy of first resort is to claim the council or commission has
"taken" the property, and the ovmer should be paid full and just compensation. Courts have
generally ruled against the inverse claim, however, property ovmers continue to make use of the
theory. I have represented the City in several police misconduct cases in which the plaintiff will
claim a civil rights violation. Most of these claims are frivolous, but recently the City was required
to settle a difficult one for $3.5 million. I have also represented the County and City in employment
discrimination cases in state and federal courts. The claims by employees have included racial, age,
disability, national origin, religion and sexual discrimination. I am currently litigating a case brought
by a disabled individual against the City zoo claiming that several of the exhibits are inaccessible to
him. My litigation has also included a number of general contract claims. Last year, the City was
successful in receiving a full refund of over $715,000.00 in a computer software case.
6. What kind of feedback have you received from people with whom you work on a daily
basis with regard to your strengths?
Answer: The feedback that I receive the most is that I am willing to make decisions, and then carry
them out. Too often some people are weary of making a decision for whatever reason. An
organization cannot function without decision making, and I have tried to be viewed as someone
who will not only make a decision, but back it, and support the people who carry it out.
7. What kind of feedback have you reeeived from people with whom you work on a daily
basis with regard to your weaknesses?
Answer: I have not received any. Several months ago, I reccived my evaluation from the City
Attorney. In less than a minute he said I was doing a great job, and then moved on to other matters.
My weaknesses are the ones I perceive in myself, and constantly try to improve.
8. How would others charaeterize your communication style?
Answer: I believe they would say I am direct and organized in my communication style. If
someone asks me a question, I want that person to walk away with a clear answer, not one that
leaves them confused and feeling as though speaking to me is a waste of time.
\V""TERS-OLD~-\NI EXECUTIVE RECRUITMENT
P,,,GE 3
2006(') THIS DOCt.;yfE:'\T IS COPYRIGHTED ......"'D IS CO);SiDERED PROI'RlEL'\RY I.'\FOML\T10.'\.
THIS DOO;!\IE'\T OR .'\..'\Y rOR110:--<S OF THIS DOCC.!\1E.'\T IS '\"01'1'0 HE REPRODUCED fOR"''''' REo"SO.'\ \\ITI-fClCT THE \,'RJnr:.'\ CO.'\SE!"T OF1TIE \\".HERS CO.'\SCLTI.'\G GROLP, I.'\C
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9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
GARY GLASSMAN
9. What experience do you have III developing and reviewing or revising
ordinances/zoning codes and policies relating to development? How familiar are you
with TIP SIDS LIDS as they relate to zoning and code? Have you written any
legislation with regard to ordinance/ code?
Answer: I have assisted in drafting and reviewing ordinances mostly since I have been with the
City. One of the biggest projects to date has been the minority and women business enterprise
ordinance that we have been working on for some time. Usually, I do more in the way ofreviewing
proposed ordinances as they relate to and may impact on various litigation matters. I am familiar
with TIF, but not SIDS or LIDS.
10. What experience do you have in working with Code Enforcement and Compliance?
Answer: Many of the cases I have litigated for the County and City have started at the code
enforcement level, and therefore I have an abundance of experience with code enforcement staff as
well as the boards. I am proud to offer that I have been asked to speak twice at the annual meeting
of the Florida Association of Code Enforcement, and have been invited to speak again at their
upcoming convention in June, 2008. I was even given a code enforcement shirt by Orange County's
Code Enforcement Division when I left the County.
11. Please describe yonr experience in handling highly visible cases and the nature of the
case. Did you utilize outside counsel?
Answer: As discussed above, I have handled a number of highly visible cases for the County and
City. Several of these cases were reported on by the print and television media. In addition, I would
often appear before the Commission and Council to report on the status of the cases, and would
meet with neighbors or other groups to discuss the cases. Unless the case requires a special
expertise, it is my practice never to hire outside counsel.
12. What type of on-going reporting do you provide to your superiors? What type of
electronic ease management system does your organization currently use?
Answer: I provide quarterly reports to the City Attorney on the status of all litigation. I attend
weekly meetings of the land use attorneys, and bi-weekly meetings of the leadership team to report
on matters in which I am involved.
13. Have you ever developed or eonducted a cost alloeation formula evaluation? Workload
estimates analvsis? What were the results of these studies?
Answer: No, but I am always doing a cost analysis of each case that I handle to insure that we are
not spending more on the litigation (expert fees, deposition costs, etc.) than the case is probably
worth.
14. What experience do you have with recruitment, professional development and training
program implementation?
Answer: I have interviewed people for positions at the County and the City. I believe strongly in
professional development. One of my ideas has been to schedule monthly profcssional in-house
training sessions for attorneys and staff. The training sessions would be during the lunch time, and
would include speakers with a special expertise (i.e. cross-examinations, ordinance drafting).
Pmiicipants would receive CLE credit. UnfOliunately, I have not been able to implement the
program yet in the City. I also want to encourage the attorneys to write articles for the Florida Bar
Journal and other publications on cases and matters that they are handling.
15. Are you currently, or have. you ever been a member of the Florida Bar? If ~~
WKfERS.OLD.-\)-iI EXECUTIVE RECRUITME0JT
PAGE 4
200M) '1liIS DOCL)'IE~T IS COPYRIGHTED .\.'\D IS COl'-"SlDERED PROPRJET:\RY J~FOR.I;L'l.TJO:\
THIS DClCC.\IEST OR .,,-,y l'ORTIO~S Or THIS DorTI,Il':ST IS :-'OTTO BI, REPRODU~ED rYJR _~"y RE'l.SO" \1iTJ110lT THE WRJTIT\: CO'SE~T OFIHF W''l.TFRS CO'\SUTI'iG GW1U', r'.iC
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9A ,
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
GARY GLASSMAN
eurrently a member of the Florida Bar, are you able to sit for the bar upon your
a ointment to this osition?
Answer: I am a current member of the Florida Bar.
16. Please deseribe any additional areas of expertise or experiences/project involvement
ou havelhave had that are relevant to the osition for which you are a Iyin.
Answer: My parents owned a retail business employing over 25 people. During the summers, they
would vacation for a month. Even in high school, they left me to run the business. When they
returned home, my mother would review the "books", and was always happy to see that things had
gone well. My father was jnst happy that I had not ruined the business entirely. This may seem
quaint, but that training, whether I knew it or not at the time, has served me well. I believe that I can
lead the Collier County Attorney's Office to great success, keep the books straight, and not ruin the
business.
WATERS.OLD",NI EXECUTIVE RECRUITMENT
P""GE 5
20060 TH1S DOCUME:\T h COPYIUGHTED _'\_',D 15 C()~S]DERE[) l'ROPJUET-,I.RY ]C-;FOfu\L\TJU_'\'.
rl-lIS DOCD,{E'\T OR_"-'\Y PORIlO'\S 01' THIS DOCC;fE\:T]S !'<OTTO B:::: REPRODUCED FOR _""Y RE',vT\[ \\UTIClLT THE \l:lUTTE'\ r:O'\SFST OFTHE \,(._HER..~ CO"q:LTNG GROl.l' I\)C
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9A
Gary M. Glassman, Esq.
Admitted to Practice in Florida and New York
10126 South Fulton Court
Orlando, Florida 32836
(407)-903-5876 - Home
(407)-721-2248 - Cell
EDUCATION
1971 - 1975 B.A., University of Rochester, Rochester, New York
1975 -1978 J.D., Syracuse University College of Law, Syracuse, New York
WORK EXPERIENCE
2006 -
Senior Assistant City Attorney, City of Tampa, Florida
Represent the City in federal and state trial and appellate courts in
cases concerning land use and zoning, inverse condemnation, civil
rights claims, employment discrimination matters, environmental
issues, contract and tort claims, and other litigation matters
Advise City Departments in land use and zoning matters,
construction and minority business affairs, procurement of goods
and services, compliance with ADA and other regulatory acts,
Represent the City Human Resources, Community Affairs, and
Audit Departments
Supervise the work of several Assistant City Attorneys in litigation
and preparation of ordinances
200 I - 2006 Assistant County Attorney IV, Orange County, Florida
Represented the County in federal and state trial and appellate
courts in cases concerning land use and zoning, civil rights claims,
employment & labor matters, environmental issues, contract
claims, and other litigation
Appeared before the County Commission, and the Boards of Code
Enforcement and Zoning Adjustment
Legal Department Representative to the County's Risk
Management Committee
9AI,
Chaired the Summer Intern Committee and Assisted Younger
Attorneys
1992 - 2000 Partner, Glassman & Golden Norris, Sarasota, Florida
1990 - 1992 Associate, Becker & Poliakoff, P.A., Sarasota, Florida
1988 - 1990 Sole Practitioner, Gary M. Glassman, Orlando, Florida
1982 - 1987 Associate General Counsel, Fay's Drug Company, Inc., Liverpool,
New York
1979 - 1982 Associate, Bersani & Marshall, Syracuse, New York
ACTIVITIES
Speaker, Florida Association of Code Enforcement Annual Conference, June,
2007
Speaker, Florida Association of Code Enforcement Annual Conference, June,
2006
Speaker, Florida Bar Seminar, Land Use and Section 1983 Cases
Speaker, Florida Bar Seminar, Attorney's Fees and Section 1983 Actions
Coach, Youth Soccer, Dr. Phillips YMCA, Orlando, Florida
Instructor, Legal Assistant's Program, Syracuse University, Syracuse, New York
CASES
Some of the cases in which I have been lead counsel for the City of Tampa or
Orange County are as follows:
Konikov v. Orange County, 302 F. Supp.2d 1328 (M.D. Fla. 2003), atrd in part
and rev'd in part and remanded, 410 F.3d 1317 (11th Cir. 2005) [first amendment
exercise of religion and zoning]
Beeline Entertainment Partners, Ltd. v. Orange County, 243 F. Supp.2d 1333
(M.D. Fla. 2003) [adult entertainment]
Morgran v. Orange County 818 SO.2d 640 (Fla. 5th DCA), rev. denied, 839 So.2d
699 (Fla. 2003) [land use]
9A
Wolk v. Orange County, et. aI., 97 Fed Appx 909 (II th Cir. 2004) [land use and
civil rights]
Open Homes Fellowship, Inc. v. Orange County, 325 F. Supp.2d 1349 (M.D. Fla.
2004) [first an1endment exercise of religion and zoning]
Lorenzo v. City afTampa, et. ano., 2007 WL 4374288 (11th Cir. Dec. 17,2007)
[civil rights]
Ellis v. Todd, U.S. Dist. Ct., M.D. Fla., 8:05-CV-828-T-30 MSS [civil rights]
Williams v. Orange County, U.S. Dist. Ct., M.D. Fla., 6:05-CV-00672-JA-JGG
[employment discrimination]
Burdge v. City afTampa, Cir. Ct., 13th Jud. Cir., Case No.05-CA-2080 [land use
and civil rights]
Soliman v. City of Tampa, U.S. Dist. Ct., M.D. Fla., 8:06-CV-2039-T
[employment discrimination]
Smith v. City of Tampa, Cir. Ct., 13th Jud. Cir., Case No. 07-003388 [land use and
inverse condemnation]
Smith v. Lowry Park Zoo and City of Tampa, U.S. Dist. Ct., M.D. Fla., Case No.
8:07-CV-333-T [ADA]
Creative Housing v. City of Tampa, Cir. Ct., 13th Jud. Cir., Case No. 06-06923
[land use and zoning]
Thompson v. City of Tampa, Cir. Ct., 13th Jud. Cir., Case No. 00-01147 [civil
rights]
Stover v. City afTampa, Cir. Ct., 13th Jud. Cir., Case No. 07-01541 [land use]
Silveus v. City of Tampa, Cir. Ct., 13th Jud. Cir., Case No. 06-003641 [land use]
Herron v. City of Tampa, Cir. Ct., 13th Jud. Cir., Case No. 07-10540 [employment
discrimination]
Ruello v. City o[Tampa, Cir. Ct., 13th Jud. Cir., Case No. 04-9125 [cmployment
discrimination]
;1
MICHAEL HUNT
THE WATERS CONSULTING GROUP. INC.
800.899.1669 WWWWATERSCONSULTING.COM
9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
MICHAEL HUNT
Michael D. Hunt
125 North Champions Way, #323, St. Augustine, FL 32092
Home phone: 904-940-6658
Business phone: 904-209-810
Mobile phone: 904-955-1738
Home E-mail: czjhunt@earthlink.net
Work Email: mhunt@sidI.us
CURRENT TITLE AND Deputy County Attorney
ORGANIZATION NAME St. Johns County, Florida
Deputy County Attorney since October 2003
REPORTS TO (TITLE) County Attorney
POPULATION SERVED 135,000
ST AFFIBUDGET Staff 5-6 attorneys plus 2 support staff
EDUCATION AND LICENSES Juris Doctor
Howard University School of Law
1978
Bachelor of Arts
University of North Carolina-Chapel Hill
1975
Member of Florida Bar and District of Columbia Bar
Admitted to United States District Court-Northern District,
and Middle District
Admitted to United States Courts of Appeals-5th Circuit, and
II th Circuit
Admitted to United States Supreme Court Bar
CURRENT SALARY $109,000
Buy-back of up to 320 hours of vacation time
1. Please tell us why you are interested in this position and why you are considering
moving?
Answer: I have represented the interests of local govenunent for my entire professional career. I am
an ardent advocate of localism. I am interested in the Collier County Attorney position because I anl
convinced that I can provide the legal counsel necessary to facilitate the well-informed objectives of
the Board of County Commissioners of Collicr County. Even with 28 years of local government
experience, I learn something new each day. Yet, with 28 years of local experience, I am able to
rationally and objectively examine a multitude of issues, and provide coherent, concise legal
analysis to my client. Further with 28 years oflocal government experience, I have provided counsel
to virtually every conceivable local government entity and enterprise,-from the City Motor Pool, to
the Taxicah Inspector, to the County Road and Bridge Department. My family and I lived in
Sarasota for 20 years. We prefer the lifestyle, and sense of community, especially the artistic
community that is present is Southwest Florida. Naples is one of the prettiest conununities in the
WATERS. OLDANI EXECUTIVE RECRUITMENT
PAGE 1
200610 THlS DOCU.MENT IS COP\1UGHrED AND IS CONSIDERED PROPRIETARY I1'iFORMA TION
TIllS DOCUMENT OR _,<,Ny PORTIONS OF TIns DOCUl\lE.'>'.rf IS NOT TO BE REPRODUCED FORA."-,,' RRA.SON W1THOLT THE W11TITEN CONSENT OFTlIE \'\',A.TERS CO,,'SULTI:'-:G GROUP,INC.
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9A
country. It is our desire to return to Southwest Florida, and become active m a range of local
activities including church, arts (ballet), sports (tennis), and civic.
2. Please deseribe your current seope of responsibilities including staff and budget. What
is the largest number of people that you have managed and the largest operating
bud!!et you have mana!!ed?
Answer: I am the County's prime contract attorney. As such, I review and/or revise over 500
Contracts/ Agreements per year. Of that number, I actively draft and participate in contract
negotiations of approximately 60 to 70 contracts. As Acting County Attorney in Manatee County, I
supervised a staff of seven or eight employees. I also managed the activities of outside counsel. The
budget was just over one million dollars ($1,000,000.00). In St. Johns County, I work with the
County Attorney on developing the Office Budget, which this County Fiscal Year exceeds one
million three hundred thousand dollars ($1,300,000.00).
3. What role do you play with your organization's elected officials? County/City
mana!!ement team? Public? Media?
Answer: I am part of the Senior Management of the County. I have free access to provide counsel to
each County Conmlissioner, as well as, the County Administrator, Assistant County Administrators,
Director of Management and Budget. By County Ordinancc, I assume the duties and responsibilities
of County Attorney in the absence of the County Attorney. I act as County liaison with various
Community Redevelopment Agencies (CRAs), and civic organizations. Moreover, I serve as the
County's cable administrator. As such, I come in contact with the public on a weekly, if not daily
basis.
4. Please describe your management style. What percentage of your time do you spend on
mana!!ement vs. involvement in the county/city's cascload?
Answer: To the extent that an attorney demonstrates command and understanding of an area of
local government law, I have a hands-off management style. To the extent that an attorney is
inexperienced (either because of years as an attorney, or lack of familiarity with the subject matter),
I provide greater guidance and supervision, or delegate a more seasoned attorney as a mentor to the
inexperienced attorney. In that way, the younger/inexperienced attorney receives valuable training,
and becomes a back-up in an of local government law. At the core, I anl a results-oriented
supervisor. I insist on professionalism, returned phone calls, and respect for colleagues and the
public. My percentage of time breakdown is as follows: 25% County administrative duties; 70%
providing legal counsel to my assigned departments~Purchasing, Utility (Water/Wastewater), Land
Management (Real Estate), Construction Services, Building, Intergovernmental Affairs, Economic
Development Agency, Cable/Telecommunications, Fire/Rescue/Emergency Operations, Housing,
Social Services, Mental Health, Library, County Amphitheatre, Community Redevelopment
Agcncies (CRAs); and 5% on-going litigation.
5. Please describe the nature/type of cases you have becn involved with recently?
Answer: Within the last year, [ have acted as supervisory attorney in the County's eminent domain
acquisition of Intercoastal Utilities. I have provided supervIsory assistance m a couple of
construction-related cases. Also, I have been intimately involved in an RFP/contract formation
dispute that has not officially been filed yet. Because of the counsel I provided in a half-dozen other
contract/construction-related disputes, lawsuits against the County were avoided.
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
MICHAEL HUNT
WATERS. OLDANI EXECUTIVE RECRUITMENT
P""GE 2
200610 TIIIS OOCCMlcNT IS COP\1UGl-frED AND IS CONSIDERED PROPRlETARY I!-;FORMATIO:O-:.
n-flS DOCC!\(E:>.:T OR A"JY PORll0-"lS OFTHI$ DOCUME.~T IS NOT TO HE REPRODUCED FOR.i\l';Y REAS01\" W1T110UTTHE \X'Ri1TEN CONSEKT OF THE \V"-TERS CONSULTI"JG GROUP INC
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6. What kind of feedback have you received from people with whom you work on a daily
basis with regard to your strengths?
Answer: Consistently, Department heads and County staff state that I am a good listener, a quick
study, and a dedicated attorney who is willing to work after hours, in order to ensure that a deadline
(federal, state, County, or administrative) is met.
7. What kind of feedback have you received from people with whom you work on a daily
basis with re!!ard to your weaknesses?
Answer: On occasion, I have been told that I am too blunt with my presentations. Sometimes I
sound more pessimistic than I should. As a result of such feedback, I am working on being more
neutral in my presentations, and present a full array of legal options available, so that the Board of
County Commissioners, and the County Administrator and staff may be fully informed.
8. How would others characterize your communication style?
Answer: Others would characterize my communication style as thoughtful and firm, yet non-
combative. I prefer to gather the opinions of others before forming a decision of my own. Still, I am
willing to present what may be considered unpopular advice (from a political perspective), when the
law clearly does not support a position of the County or Board. To do anything less would be an
abrogation of my duty as a senior legal counsel for the County.
9. What experience do have in developing and reviewing or . .
you revIsmg
ordinances/zoning codes and policies relating to development? How familiar are you
with TIP SIDS LIDS as they relate to zoning and code? Have you written any
legislation with regard to ordinance/code?
Answer: I am familiar with TIF, less so with SIDS and LIDS. That said, I am supervisory attorney
over the current reVISion to the County's Land Development Code with respect to
antenna/telecommunications/cell towers. Also, I served as trial counsel in a Building Moratorium
case, and a challenge to land use regulations associated with special use permits for establishments
serving alcohol. Further, I was initial counsel on a challenge to various provisions of the Land
Development Code, as it related to beach access. I have drafted an Adult Entertainment Ordinance
(Manatee County), Cable Television Ordinance (Manatee County), and a Parking Fee Ordinance to
dissuade ships from anchoring in the St. Johns River (City of Jacksonville).
10. What experienee do you have in working with Code Enforcement and Compliance?
Answer: As Deputy County Attorney in both Manatee County, and St. Johns County, I have
provided cowlsel to County staff with respect to Code Enforcement. Presently, other attorneys in the
office providc counsel to Code Enforcement staff. But I have served as counsel for St. Johns County
in a court challenge to Code Enforcement Board imposition of a greater than $7,500 fine for
destruction of trees in violation ofthe County's Tree Ordinance.
f---
11. Please describe your expericnce in handling highly visible eases and the nature of the
case. Did vou utilize outside counsel'!
Answer: In Jacksonville, Manatee County, and St. Johns County, I have participated in highly
visible, media-grabbing cases. Among the cases that I have served as either counsel, or provided
supervisory assistance are the following: Jacksonville-I) multi-million dollar medical malpractice,
plaintiff child suffered cerebal palsy--<:o-counsel-City prevailed with a zero verdict; 2) challenge
against the City's anti-solicitation Ordinance-City prevailed; 3) challenge against the City
Ordinance that imposed a parking fee on ships anchored in the St. Jolms River---cIrafted Ordinance
, 9 A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTtVE SEARCH FOR THE COUNTY ATTORNEY
MICHAEL IIUNT
W""TERS-OLDA'-JI EXECUTIVE RECRUITMENT
PAGE 3
20060 TIUS DOCUMENT IS COP'tlUGHTED .i'L'ID]S CO;\;SlDERED PROPRIETARY INFOR1\lATlO:-.l.
"[HIS DOCL~fFKT OR Al'.JY PORTIONS OF 11-:lIS DOCUMENT IS NOT TO BE REPRODUCED FOR/,KY REA-SO)\; WlTHOUTTHE \1i'H.rITEN COl'-.'SI':"lT OFTHI~ \,("_\1F.RS CON5lJL'nl'-TG GHOUl', TKC
WAfERS-OLDANI E..XEClJTJVf~ RECRUI1"ME.'rr]5 A DlVISIOt..; OF THE \"'('.A.n'R5 CONSL'l.:n)\'G "ROCP, NC. 800.899.1M9
and provided technical assistance to prime counsel-City prcvailed in United States District Court,
and the Federal Maritime Commission-after I left the Florida Appellate Court ruled against the
Connty on a procedural technicality; Manatee County--I) utility territorial challenge with the
Florida Public Service Commission-the Connty prevailed; 2) Florida administrative hearing
seeking permission to construct a deep injection well--County prevailed; 3) challenge of the
County's Adult Entertainment Ordinance--co-counsel-Ordinance survived court challenge with
minimal revision; St. Johns County-I) eminent domain-supervisory counsel for outside counsel,
and acquisition team consisting of 15 other individuals-County acquired water/wastewater utility;
2) multi-count challenge to the County's Land Development Code concerning beach access, and
Ordinance that settled a disputed land claim-initial counsel on the issue of the disputed land
claim-Court dismissed that count
12. What type of on-going reporting do you provide to your superiors? What type of
electronic case manal?;cment svstem does your organization currently use?
Answer: I meet with the County Attorney at least every other day, so that we might discuss the
status of various projects. I provide a courtesy copy to the County Attorney of about one-quarter of
my e-mails. Moreover, the Office has a tickler list, which notes administrative and litigation
assignments. On a periodic basis, I interview the other attorneys, in order to determine the status of
Office assignments, and provide a concise written update to the County Attorney.
13. Have you ever developed or conducted a cost allocation formula evaluation? Workload
estimates analysis? What were the results of these studies?
Answer: In preparation of the County Budget, I have examined workload estimates for outside
counsel. The result of such analysis was that St. Johns COlmty utilized outside counsel on roughly
half its litigation, which represented approximately 25% of the Office of County Attorney budget.
As a result, ways were explored to reduce the ontside counsel budget to no more than 20% of the
overall Office of County Attorney budget. The process is on-going.
14. What experience do you have with recruitment, professional dcvelopment and training
program implementation?
Answer: Of the four other attorneys currently on staff, I directly hired two of them, and was the tie-
breaker in the hiring of a third attorney. Moreover, I worked with the County Attorney on selecting
the two current administrative legal staff. Additionally, I selected the last three interns who worked
in the Office.
15. Are you currently, or have you ever been a member of the Florida Bar? If not
currently a member of the Florida Bar, are you able to sit for the bar upon your
appointment to this position?
Answer: I am currently a member of the Florida Bar, and have been a member of the Florida Bar
since April II, 1979. ---
16. Please deseribe any additional areas of expertise or experiences/projeet involvement
you have/have had that are relevant to the position for which vou are applyin!!.
Answer: In Jacksonville, I served as counsel for the City before the Civil Service Commission on
employee discipline mattcrs. Further, I served as counsel for the City's Bio-Environmental
Department. As a private consultant, I have drafted a number of telecommunications ordinances,
and personal wireless service facility (cellular) ordinances for communities within, and outside of
Florida. Further, I developed rights-of-way management policies for a couple of communities. I
,. ~A I.
Il'
COLLIER CO ,FLORIDA '
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
MICHAEL HUNT
W""TERS-OLDANI EXECUTIVE RECRUITMENT
P,,,GE 4
2006@THISDOCU,\IFNTISCOl'\1UCI-ITEDA.."<D IS CO~SIDERED PROPRIET.'\RY I)\'f'ORM:\TION.
TillS OOCC':-'lENT ORA'lY PORTIONS OF "ITIIS DOCLMENT IS NOT TO BE REPRODUCED FOR .","-'.JY RL">.SON \X1THOUTTI-lF. \VIU1TEN CONSE"'T Of THE \X'ATI::RS CO:-':SL:LT!?'-:G GROUP, INC
W'ATERS-OLDANI EXEClITH'E RECRUIT.\ffi'lT IS A DlYISIO:>J OF THE W....1ERS CONSULTIt<C CROUP, ]t-;C 800.8991669
. ~A' '.....lll:
I .,_,<1 ~,<r,:'-
COLLIER Tl,~!t~A
CANDIDATE QUESTIONNAIRE
EXECUTfVE SEARCH FOR THE COUNTY ATTORNEY
MICI !AEL IIUNT
have conducted feasibility studies for communities examining whether they should construct and/or
manage a cable televisionlbroadband telecommunications system. In St. Johns County, I serve as
counsel for the County's Economic Development Agency.
W.nERS-OLDA~I EXECUTIVE RECRUITMENT
PAGE 5
2006@nUSDOCL\fENTISCOP\lU(;l-ffED,,_ND IS CONSIDERED PROPRIETARY INFORMATION.
TIllS DOCCl\IEVf OR A"-'Y 1'ORI10:-i$ or rnlS DOCUME>JT IS NOT TO BE REPRODUCED rORcu.,'y REASO:'-J \X'JTJ-lOUTTI-ffi \VIUTIE"l CONSE.."iT OFTI-LE W'ATERS CONSL'LTNG GHOLJT', f""C
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;::;"~'
", \
BIOGRAPHICAL SKETCH
MICHAEL DELPHY HUNT
125 NORTH CHAMPIONS WAY
UNIT #323
ST. AUGUSTINE, FLORIDA 32092
PHONE: 904-940-6658
CELL PHONE: 904-955-1738
E-MAIL: czihuntfalearthlink.net
MICHAEL DELPHY HUNT:
Michael Hunt has spent 28 years as a full-time local government attorney. He specializes in
contract and regulatory drafting and interpretation. Among the areas that Michael Hunt has
drafted, reviewed, or interpreted are the following: construction, utility acquisition and/or
sale; water and wastewater; solid waste; community based care; intellectual property;
telecommunications; real estate; entertainment venues/facilities/events; and Interlocal School
District Agreements. He is also an expert on the Cable Act; especially as it pertains to local
government in relation to cable television and telecommunications.
EXPERIENCE:
Michael Hunt currently serves as the Deputy County Attorney for St. Johns County, Florida.
His duties include: acting County Attorney in the absence of the County Attorney; counsel
for the County Economic Development Agency; primary contract/Interlocal Agreement
Attorney (over 700 reviewed and/or prepared). He serves as counsel for the Purchasing
Department in all phases of the bid/selection/protest process. He advises the County Attorney
and Office of Management and Budget on budget issues. He screens, interviews, and hires
new attorneys and interns. He supervises the activities of outside bonding, condemnation, and
trial counsel. Since 2004, he has served as supervisory counsel in three Utility Department
water/wastewater system sales/acquisitions, which added over 20,000 customers to the
County's Utility System. As supervisory counsel, he co-ordinated the activities of the 15-17
member Project Team. Previously, he provided counsel to the Highway, Fire/Rescue, and
Building Departments. He also served as trial counsel. In that capacity, he established a pre-
1920 dedication of a County park through prescriptive easement, in order to secure a six-
figure State recreation/park grant for the County.
Michael Hunt began his career in St. Johns County, Florida as an Assistant County Attorney.
Mr. Hunt previously served as general counsel of Consult First, Incorporated. The firm
represented local governments in areas of cable television, telecommunications, and public
utilities. Prior to forming Consult First, Mr. Hunt served as president and counsel for
Municon Corporation, which represented local and State governments in the areas of
telecommunications, utilities, and rights-of-way use and management. One significant
achievement was Mr. Hunt's representation of the four-community Canton, Michigan
consortiwn, which secured the very first cable franchise from a Regional Bell Operating
Company (RBOC).
9A
Preceding his tenure with Municon, Mr. Hunt served as acting County Attorney and Utilities
and Cable Television Attorney for Manatee County, Florida, where the Cable Television
Ordinance he authored became a model for several communities. Also, he served as in-house
counsel, for the County-owned and operated Utility Department, in its successful quest for
using deep-well injection. Also, he represented the County before the Florida Public Service
Commission in the County's successful defense of a territorial dispute with an electric utility.
Earlier, he served as Assistant Counsel for Jacksonville, Florida, where he represented the City as
counsel for the Pnblic Works Department (and its StreetslHighways, Engineering, Water/Sewer,
Sanitation, and Traffic Signalization divisions), Public Services Committee, and its subcommittee
on Cable Television. Mr. Hunt served as counsel for the City's Bio-environmental Department,
and the City's Motor Pool. He also represented the City in varied litigation, ranging from
collections, evictions, contracts, medical malpractice, and ordinance interpretative lawsuits. Mr.
Hunt was instrumental in having a State Statute revised, so that the State could not turn over
substandard bridges (those with a life expectancy of less than 10 years) to a local government.
EDUCATION:
1978: J.D. from Howard Law School (top 15% of the class)
1975: B.A. in Political Science from the University of North Carolina, Chapel Hill
HONORS, A WARDS, AND MEMBERSHIPS:
Bar Affiliations:
Florida Bar
District of Columbia Bar
U.S. District Court for the Northern District of Florida; and Middle District of Florida
U.S. District Court of Appeals, 5th Circuit; and 11th Circuit
U.S. Supreme Court
Past Memberships:
· International Municipal Lawyers Association (IMLA)
· Member of the National Association of Telecommunications Officers and
Advisors (NA TOA) (1986-200 I)
. Board Member of NATOA (1990-1993), and co-chair of NATOA's Legislative
and Legal Affairs Committce (1990-1993)
· Member of the NA TOA Cable Bill Task Force charged with revising the Cable
Telecommunications Policy Act of 1984 for its submission to the United States
Congress
· Member of St. Martha School Board (Sarasota, Florida) (1994-200 I )-assisted in
fundraising for new school, committec member charged with developing mission
statement and strategic plan as school transitioned to a new facility
2
9A~i
OTHER EXPERIENCE:
· I 976-Summer Intern for United States Senator Robert Morgan
· 1977-Research Assistant for Professor Anthony Miles of Howard University
School of Law-worked on projects for BUD and Veterans Administration-
worked on Amicus Brief that Howard University submitted in Bakke case
· 1972-1975-appointed by then Governor Robert Scott to the North Carolina
Human Relations Commission
OTHER AWARDS:
.:. I 999-Knighted as a member ofthe Equestrian Order of the Holy Sepuleher of
Jerusalem, which is an Order of Chivalry directly under Papal protection of the
Roman Catholic Church
BOOKS PUBLISHED:
· 2002-Chicken Foots Stew and Other Humorous Stories, iUniverse
· 2003-Perfect Turkeys and Other Amusing Tales, iUniverse
3
HARLENE I<ENNEDY
THE WATERS CONSULTING GROUP. INC.
800.899.1669 WWW.WATERSCONSULTING.COM
9 A 'r"1
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
HARLENE KENNEDY
Harlene Silvern Kennedv
2919 Virginia St.
Coconut Grove, Fla. 33133
Home / Mobile Phone: 210-385-5933
Business Phone: 305-854-0800 business phone
Home Email: Harlenekennedv2002@vahoo.com
Work Email: hkennedv@wsh-law.com
CURRENT TITLE AND Arty.! Associate
ORGANIZATION NAME Weiss Serota Helfman Pastoriza Cole & Boniske, PL
REPORTS TO (TITLE) Nina Boniske
POPULATION SERVED n1a
STAFFIBUDGET n1a
EDUCATION AND LICENSES Bar Admission: NY, NJ, Fla., Texas and Fed. Crt. Please see
resume Attached / JD 1984/ Active in Fla. Bar
CURRENT SALARY $135,000 plus bonus
1. Please tell us why you are interested in this position and why you are considering
movin ?
Answer: I am looking for a career-enhancing position in municipal or county government. I
enjoyed being an in-house attorney and hope to return to that type of position. I also am hoping for
a salary increase as I have a daughter about to embark on her college education.
2. Please describe your current scope of responsibilities including staff and budget.
What is the largest number of people that you have managed and the largest
o eratin bud et ou have mana ed?
Answer: At this time, I have a legal assistant reporting to me. Previously, I owned my own firm
and had two lawyers, a secretary and a bookkeeping assistant reporting to me. I was responsible for
obtaining the work, doing my work and keeping other lawyers busy and efficient. Additionally, as
owner, I was also responsible for all administrative staff, billing and related matters. I do not recall
the amount of the operating budget.
3. What role do you play with your organization's elected officials?
Coun /Ci mana ement team? Public? Media?
Answer: As village attorney for Islamorada, Village of Islands, I am a counselor and advisor for the
village's elected officials. Additionally, I assist other members of my firm with representation of
various cities and government entities. In Islamorada I have regular and consistent direct contact
with the council members- both at open meetings and otherwise. I have frequent direct contact as I
assist in various legal issues and preparation for the meetings. The Council members are free to
contact me at my office or on my cell and often do so. This was also the case in San Antonio where
I was a city attorney in charge of eminent domain and all public works.
4. Plcase describe your management style. What percentage of your time do you
s end on mana ement vs. involvement in the co un lei 's caseload?
Answer: My management style is open door, though with some restraints depending on current
WATERS-OLDANI EXECUTIVE RECRUITMENT
PAGE I
2006<9 TIllS DOCUMENT IS COP\'RIGHTED AND IS COl':$IDERED PROPRIETARY lNFOJu.l...ATlOr-..'.
TI-llS DOCU1\IENT OR lI....,Y PORTIONS OF THIS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOlJf DiE \l:'RIT.fF.N CO!\:SENT OF 1HE \X'ATERS CONSULTING GROUP, INC
WATE,R<;-OIJ)1\;."J! E'\ECUTr\'E RECRUITMENT IS A D1\'I$IOI'\ DFTHF WA'fT'RS COl',TSlJI:T1KG GROLT', TNC 800,8QQ1669
9A
scheduling. Currently I spend 90 percent (or more) of my time on substantive matters. There was a
similar percentage when I was a city attorney. in San Antonio. With my own firm, I spent
approximately 60-65 per cent of my time on substantive work and the balance on management and
administrative matters.
5. Please describe the nature/type of cases you have been involved with recently.
Answer: I am heavily involved in the wastewater utility system and related construction matters for
the Village of Islamorada, Fla. I also am a village attorney and accordingly do most of the general
work for Islamorada, including drafting ordinances and advising on any matters necessary.
Additionally, I assist with other municioalities when needed.
6. What kind of feedback have you received from people with whom you work on a
dailv basis with rel?,ard to your stren!!ths?
Answer: I have been told that I am a good communicator, quick to understand the substance of
matters (even when new to me), and told that I have a charismatic personality.
7. What kind of feedback have you reeeived from people with whom you work on a
dailv basis with rel?,ard to your weaknesses?
Answer: I have been told that I have high expectations of myself and those who work for and with
me.
8. How would others characterize vour communication style?
Answer: My communication style is direct and to the ooint; generally informal where aooropriate.
9. What experience do you have in developing and reviewing or revising
ordinances/zoning codes and policies relating to development? How familiar are
vou with TIP SIDS LIDS as thev relate to zonin!!' and code?
Answer: I am very familiar with the development process. I have been a real estate and
construction lawyer for over 25 years and have had a variety of experience and clients in this area-
both in private practice and for a government entity.
I am fairly familiar with TIFS, SIDS and LIDS as I have worked on formation and documentation in
these areas, more so in Texas than in Florida.
10. What experience do vou have in workin!!, with Code Enforcement and Compliance?
Answer: I characterize my experience in this area as moderate to substantial. This area has been
part of my background and experience as a city attorney.
11. Please describe your experience in handling highly visible cases and the nature of
the case. Did you utilize outside counsel?
Answer: I an1 handling a highly visible case now relative to the wastewater utility in Islamorada
involving construction defects and negligent operations as well as surety bonding. I am not using
outside counsel for this matter as I have substantial experience in these substantive areas. I have
used outside counsel for many other matters previously. as needed and accordingly, I have
substantial experience managing outside counsel. I also have handled other highly visible cases
including the street cut ordinance in San Antonio- the first of its kind in Texas.
12. What type of on-going reporting do you provide to your superiors?
What type of electronic case mana!!ement system does Your or!!anization currentlv use?
Answer: I provide verbal updates and e mail summaries. We use e mail calendaring and electronic
updates and reminders.
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUT1VE SEARCH FOR THE COUNTY ATTORNEY
HARLENE KENNEDY
WATERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 2
2006c!;l THIS DOCL'.MENT IS COPYRIGHfru AND lSCONSlDERED PROPRIETARY INFORM..!\TION.
Tl-IlS DOCUMK"IT OR A.\\'Y l'ORTIONS OF TIllS DOCUME.."JT IS NOTTO BE REPRODUCED FORA"lY REI\SON WITHOUT 'IRE \l;'RITIR"J CONSE"-:TOFTIIE WATERS COl':SULTING GROUP INC
\'(';\TERS-OLDiINJ EXEcunVE llFCRl:rrME.NT [5 A DIVISION GFillE WATI'.RS CONSlJLTl'.JG GROUP, L'iC BOO.899.1669 . - ,
9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
HARLENE KENNEDY
13. Have you ever developed or conducted a eost alloeation formula evaluation?
Workload estimates anal sis? What were the results of these studies?
Answer: I assisted in developing a cost analysis system in San Antonio; however, to my knowledge
it did not go forward. I have always carried a heavier workload than many of my colleagues.
14. What experience do you have with recruitment, professional development aud
trainin ro ram im lementation?
Answer: I was a mentor for new recruits at my firm on Wall Street (Cadwalader, Wickersham and
Taft). I have frequently participated in interview panels and analysis of recruits and potential
em loyees- with some good luck. I hired my own staff at my firm.
15. Are ou currentl ,or have ou ever been a member of the Florida Bar?
Answer: Yes -I am currently a member in and active in the Florida Bar.
16. Please deseribe any additional areas of expertise or experiences/project involvement
ou havelhave had that are relevant to the osition for which ou are a I in .
Answer: I am currently a Village attorney for Islamorada and act as city attorney as needed for
other municipalities. I was an assistant city attorney for San Antonio and in charge of all public
works and eminent domain. I have been a real estate and development atty. for over 25 years. I am
knowledgeable in government law, administrative law, real estate, contracts, bidding and
procurement, utilities, drafting and interpreting ordinances and legislation, open records and
meetings (Sunshine Law) and many other related areas. I am good at public contact and interaction
and have excellent communication skills.
WATERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 3
2006@TI-lISDOCUMENlI$cOPYRIGHTEDANDISCONSIDERED PROPRIETARY INFOR}\iATIO~.
11-115 DOCUJ\.1E!,-;T OR/v,,"'); PORTlONS QFTHIS DOCUMENT IS NOT TO BE REPRODUCED FOR.,,""<\' RE!\.SON WIlBOL"T TIill \X'lUTIE."'; CONSE.:"'\iT OF THE \X'}I.TERS C00iSULTL'lG GROUP, lNC
WATERS-OLDANI EXECUTI\'E RECRUITMENT]S A DIVISION OFTHE W.!\.TER.~ CO~SUITrNG GROUP, NC 800.899.1669
9A~"l'l-~
',~~:~.,.l;.'.
. -:1 ~"
Harlene Silvern Kennedy
2919 Virginia St. - Coconut Grove, Fla. 33133- 210-385-5933 cell
harlenekennedv 2002la)vahoo. com
Employment History:
WEISS SEROTA HELFMAN PASTORIZA COLE&BONISKE, PA
CORAL GABLES, FLORIDA
Associate, February 2007-present
· · Counsel for the Village of Islamorada. Municipal Law including
real estate, capital proj ects, construction, land use, utilities,
administrative law, open records and regulatory matters.
THE CITY OF SAN ANTONIO
SAN ANTONIO, TEXAS
ASSISTANT CITY ATTORNEY, DEe 1998-MARCH 2006
· · Eminent Domain Counsel for the City of San Antonio; supervising
all condemnation and eminent domain matters. Lead counsel for the
Public Works Dept. advising on capital projects, storm water and
drainage, real estate, construction, infrastructure, contracts, bidding,
purchasing, environmental and land use matters, information
management, drafting and interpreting legislation, and municipal
administrative law and open records.
LAW OFFICES OF HARLENE S. KENNEDY
SAN ANTONIO, TEXAS
President/Owner, 1995-1998
· · Responsible for management and administration; supervising all
attorneys and support staff. Real estate and general transactions, state
court litigation. Client development.
LANGLEY & BANACK, INC. (FORMERLY JEFFERS, BROOK)
SAN ANTONIO, TEXAS
Partner, 1992-1995
· · Real estate and secured transactions including contract drafting
and negotiation, financing and loan transactions, landlord-tenant
matters, banking and state court litigation. Client development.
AKIN, GUMP, STRAUSS, HAUER & FELD
SAN ANTONIO, TEXAS
Associate Attorney, 1988-1991
. . Real estate complex transactions, representing developers, lenders
and borrowers, banking and financial institutions, construction issues,
landlord-tenant matters, foreclosures, secured transactions.
f:9A
CADWALADER, WICKERSAHM & TAFT
NEW YORK, NEW YORK
Associate Attorney, 1985-1988
· · Representation of developers, borrowers, financial institutions,
landlord-tenant matters, conveyances, financing, construction, and
varied real estate practice for local, national and international clients.
Education:
UNIVERSITY OF MIAMI, MIAMI, FLORIDA
Bachelor of Arts, Cum Laude
Major in Accounting and English/Minor in Education
Florida Regents Scholarship every year
Dean's List every semester
NEW YORK UNIVERSITY SCHOOL OF LAw
NEW YORK, NEW YORK
(ONE YEAR)
NORMAN, OKLAHOMA
JD (rwOYEARSj
UNIVERSITY OF OKLAHOMA LAw SCHOOL
HONORS:
.
.
Order of the Coif
law Review
Dean's list every semester
First Place Appellate Advocacy Competition (Moot Court)
Recipient of Harden Ballard Memorial Award
Who's Who in American law Students
Member, Board of Advocates
Member, Phi Alpha Delta legal Fraternity
Class rank: Top 9%
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
PUBLICATIONS: The Mortgagee's Right to Rents: Oklahoma Law Review, Vol. 37,
Winter 1984.
Languages:
Fluent Conversational Spanish
Professional Licenses and Accreditations:
ADMITTED TO NEW YORK, NEW JERSEY, FLORIDA, AND TEXAS BARS.
UNITED STATES DISTRICT COURT, WESTERN AND SOUTHERN DISTRICTS OF TEXAS
Community Activities:
Leadership San Antonio XIX; Leadership San Antonio XXI Steering Committee: San Antonio: Board
of Directors-Avance, San Antonio: Board of Directors-Guadalupe Cultural Arts Center: Board of
Directors-Women's Enterprise: Member-Women's American Ort: Member-Temple Beth-EI;
Commissioner-City of San Antonio Work Family Commission; Commissioner-City of San Antonio
Historic Design and Review Commission; Member-San Antonio Chamber of Commerce, Hispanic
Chamber of Commerce, San Antonio Real Estate Council, Florida Association of Women Lawyers;
9 A '.~II
Director- Linda Ahmed Breast Cancer Fund; other civic organizations.
9A
JEFFREY I<LATZIZOW
THE WATERS CONSULTING GROUP. INC.
800.899.1669 WWW.wATERSCONSULTINGCOM
9A
II
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JEFF KLA TZKO W
Jeffrev A. Klatzkow
14606 Indigo Lakes Circle
Naples, Florida 34119
Home Phone: (239) 304-1658
Business Phone: (239) 252-8400
Mobile Phone: (239) 682-9940
Home E-mail: klatzkow@vahoo.com
Work E-mail: jeffrevklatzkow@colliergov.net
CURRENT TITLE AND Chief Assistant County Attorney
ORGANIZATION NAME Office of the Collier County Attorney
With Office since 2002
REPORTS TO (TITLE) Collier County Attorney David Weigel
POPULATION SERVED Permanent Estimated Population: 315,000
Estimated Peak Season Population: 440,000 --
STAFF/BUDGET Fiscal Year 07: Staff of34 FTE; Budget of$4 million
EDUCATION AND LICENSES J.D., University of California at Da'~s, 1983
B.S., Cornell University, 1979 Major: Industrial and Labor Relations
Admitted to New York Bar, t984; New Jersey Bar, 1987; Florida Bar,
2003
CURRENT SALARY $120,000
1. Please tell us why you are interested in this position and why you are considering
movin!!?
Answer: I am presently the Chief Assistant County Attorney, which position is senior only to the
County Attorney. Being Chief Assistant to County Attorney David Weigel is a privilege, and to
continue doing so for years to come would be an attractive proposition. Given current
circumstances, however, that is unlikely to happen, and so, with Mr. Weigel's blessing, I have
applied for this position.
From an administrative standpoint, it is my opinion that the County Attorneys Office presently
needs significant change if it is to continue to provide outstanding service to the Board of County
Commissioners. I believe that these changes can best be made by someone who is familiar with the
strengths and weaknesses of the Office. A County Attorney hired outside of the Office would need
time to assess the Office before taking needed action. I do not need that time.
From a legal standpoint, being County Attorney allows greater freedom of action, as the final
decision rests with the County Attorney. Some of the decisions of the Office have been criticizcd as
being too conservative, and that stronger action could have been taken. As County Attorney, I
would be able to take such action.
From a career standpoint, being County Attorney would be the pinnacle of any local government
W"TERS-OLD"NI EXECUTIVE RECRUITMENT
PAGE 1
2006@nnSDOCUl\ffiNTI$COYYRIGHTEDANDIS CONSIDEREDPROPRlET_'\RY I,\lFOfuvI.ATION.
THlS DOCUMEl'-'T OR ANY PORTIONS OFllilS DOCUMENT IS NOTTO BE REPRODL:CED FOR..\NY RK>\SO~ WnHOUTTHE \'\'RITTF:>i CO:\:SLNT OFTHE \'\'ATERS CO:>JS1H.TING GROUP, NC
\\,'A.Tf':R$-OLDANI EXFClTrll'F RF.CRUTMENT IS A DIVISION OI"UfE \l';.'ATERS COt--'SIJLTT;';G GROUP, J0C 8!lO.8991M9
9A
~,';Q t",>
,,>ill .',;J
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lawyer's career. Spending the next 15 or so years assisting the Board of County Commissioners in
guiding the County to its eventual buildout would be a remarkable and rewarding opportunity.
2. Please describe your current scope of responsibilities iucluding staff and budget. What
is the largest number of people that you have managed and the largest operating
bud~et you have mana~ed?
Answer: As Chicf Assistant County Attorney, my duties include managing a satellite office within
the Community Development and Environmental Services Building, where I help support the
Transportation Department, the Code Enforcement Department, the Impact Fee Department, the
Affordable Housing Department, state legislative matters, and all land use matters, including plats,
zoning, variances, conditional uses, working with the County's Growth Management Plan, and Land
Development Code amendments. I also assist the County Attorncy with matters pertaining to the
Board of County Commissioners, attend all meetings of the Collier County Planning Commission as
counsel, and attend all meetings of the Board of County Commissioners, either as counselor with
the County Attorney.
The largest number of employees that I have managed was three attorneys and four and a half
administrative personnel. I have not directly managed an operating budget, but have assisted with
managing a budget in excess of$1 million.
3. What role do you play with your organization's elected officials? County/City
mana!!ement team? Public? Media?
Answer: For the past few years I have had daily contact with the Board of County Commissioners,
the County Manager's Office and the public, who regularly come into our satellite office with
questions. I have also had a great deal of contact with the local newspaper, the Naples Daily News,
and to a lesser extent, the local broadcast news stations. Having breakfast while reading an article
quoting me is not an uncommon experience, and I am often on the local government access cable
station doing my regular duties or, less frequently, providing information to the public.
4. Please describe your management style. What percentage of your time do you spend on
- mana~ement vs. involvement in the eounty/city's caseload?
Answer: My managemcnt style is direct and to the point. I let people know when I believe they
have performed well, and I also let them know when I believe they have not. If I question a legal
position someone in my office is taking, I close the door and hammer it out with them, often bring in
others, until a consensus opinion is reached, with the understanding that it doesn't matter who is
right but that the Office gets it right. I spend about 20% of my time on management issues, and
80% of my time involved in my work.
5. Please describe the nature/type of cases you have been involved with recently?
Answer: Although I spent many years as a litigator, I have intentionally limited my caseload in
order to better meet my present responsibilities. That said, I recently argued a case involving an
administrative proceeding before the Second District Court of Appeals. This very public case
concerned a dispute between Collier County, the City of Naples, private citizens, several
conservation groups, and the Florida Fish and Wildlife Commission, over an attempt by the City to
impose slow speed zones within Naples Bay. The case is awaiting decision. --
6. What kind of feedback have you received from people with whom you work on a daily
basis with re~ard to your stren~ths? -
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JEFF KLATZKOW
WATERS-OLD,-\NI EXECUTIVE RECRUITMENT
P"-\GE 2
200(,0 THIS DOCUME~TIS COPYRIGHTED /\.'<D IS CO-"ISIDERED PROPRIETARY INFORi\1i\TION
THIS DOCUME:--::T OK ANY PORTIO).!S Or-THIS DOCUMENT IS NOTTO HE REPRODUCED FOR ,,,,--,,ry RE>\SON WTlHOUT THE \,('RrnHN CONSS'\[T OFTKl! \'(lATER.~ CO)\;SCLTmG GROFP.INC
w....TER5-Ol.DANI E'\EcurrVE RECRl)ID,.fFNT IS"' DIVISIQ\! OF THE \\?ATF..R~ COKSCLTING GROLP. INC 800.899.1(,(,')
I Answer: People I work with appreciate my quick turnaround on work, and willingness to take a
public position on difficult and controversial issues.
.-..--... --
7. What kind of feedback have you reeeived from people with whom you work on a daily
-- basis with reg;ard to your weaknesses? --------.
Answer: I do not believe in maintaining the status quo when I believe that status quo is not in the
best interest of the County. There are some staff members who, when questioned, take it very
personally, and who have let others know of their unhappiness with me. I will need to adjust my
approach when dealing with certain staff in order to be more effective. ~~
_._--_._.~._--_.__._---"--
8. How would others ch~racterize your_conlmunicati<!!I_s~?
Answer: Brief and to the poinl._~____ .~.-
-
9. What experience do you have in developing and reviewing or revlsmg
ordinances/zoning codes and policies relating to development? How familiar are you
with TIP SIDS LIDS as they relate to zoning and code? Have you written any
lel!'islation with regard to ordinance/code?
Answer: I manage the land use portion of the Office, and am intimately involved with developing,
reviewing and revising all of the County's ordinances, zoning codes and policies relating to
development. Ifby TIF you are referring to Tax Increment Financing, I am familiar with Florida's
Community Redevelopment Act (F.S. Sec. 163.330 et seq.) and have worked from time to time with
the County's Community Redevelopment Agencies.
I frankly have not heard of SIDS or TIDS. Ifby SIDS you are referring to a Special Improvement
District, I have worked 111 creating Community Development Districts (CDD's) and Special
Districts. If by TIDS you are referring to Tax Increment Districts, I believe that they would be
substantially similar to TIFs.
I have written numerous ordinances during my tenure with Collier County, as well as drafted
several proposed Special Acts that were presented to our Legislative Delegation and submitted to
the Florida Legislature as Local Bills. I anl also responsible for reviewing and revising all changes
to the Collier County Land Development Code.
10. What experience do you have in working; with Code Enforcement and Compliance?
Answer: I have for several years supported the Code Enforcement Department, sat in on the Code
Enforcement Board, and I drafted the rccentl y enacted Collier County Consolidated Code
Enforcement Ordinance.
11. Please describe your experience in handling highly visible cases and the nature of the
case. Did you ntilize outside eounsel?
Answer: During my 10 years with Carvel Corporation I personally handled hundreds of cases,
appearing in dozens of State and Fcderal courtrooms throughout New York and New Jersey,
including Civil Racketeering claims. I have also managed outside counsel in numerous cases. As
set forth above, I recently argued a case involving an administrative proceeding before the Second
District Court of Appeals. This very public case concerned a dispute between Collier County, the
City of Naples, private citizens, several conservation groups, and the Florida Fish and Wildlife
Commission, over an attempt by the City to impose slow speed zones within Naples Bay. The case
is awaiting decision. I handled this case without the assistance of outside counsel.
9A
~,. _ .... 0iIi
COLLIER COUNTY, FL6RlDA
CANDIDATE QUESTIONN AIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JEFF KLATZKOW
W"TERS-OLDANI EXECUTIVE RECRUITMENT
P""GE 3
2006@ THIS l)OCU~"'T IS C()PYRIGlm:~D .......1'-.;D is CO:--!SJDERED PROPRIETARY l:NfOfL\L-\TIO"i_
nllS DOCU:vfE!'\TOR i\_'\'Y PORTIONS OfiTHIS DOCUi\fEST IS :\'OTTO BE REPRODlJCi':D roOR ..\:--JY RE.>\SO:\I \X'lTHOUT THE \1;'RITfES COl>.'SE\lTOF THE \\-lHFRS COJ.:SL'LTI:\lG GROLl', INC
'i(',-\TLRS-OLD.\!\I F_XECUTfVE RECRL'lTMEC>!T JS i\ I)!VISTON OFTIIE W"A1VRS ((NSCLTli'G GROUI\ J"-iC SOOIWUW)
12. What type of on-going reporting do you provide to your superiors? What type of
electronic ease management system does your organization currently usc?
Answer: My superior is County Attorney David Weigel, whom I am in daily personal contact. Our
Office utilizes Client Profiles as a case management tool.
13. Have you ever developed or eonducted a eost allocation formula evaluation? Workload
estimates analvsis? What were the results of these studies?
Answer: No, I have not.
14. What experience do you have with recruitment, professional development and training
program implementation?
Answer: My first job out of college (before law school) was as a personnel recruiter in lower
Manhattan, and I have a deep appreciation of the hard work that goes into recruitment. Professional
development for an attorney is largely a self taught process, with Continuing Education playing an
important role.
15. Are you currently, or have you ever been a member of the Florida Bar? If not
currently a member of the Florida Bar, are you able to sit for the bar upon your
aooointment to this position?
Answer: I am a member of the Florida Bar.
16. Please deseribe any additional areas of expertise or experiences/project involvement
vou have/have had that are relevant to the position for which you are applying.
Answer: This questionnaire, together with the resume and packet I previously delivered, should
hopefully contain all of the information you have requested.
COLLIER COUNT!. F~AA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JEFF KLATZKOW
WATERS-OLD""NI EXECUTIVE RECRUITMENT
P""GE 4
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Jeffrey A. Klatzkow
14606 Indigo Lakes Circle
Naples, Florida 34119
(239) 304-1658
Klatzkow@Yahoo.com
Experience
Collier County - County Attorney's Office
Legal Assistant: July 15, 2002 to June 29, 2003
Assistant County Attorney: June 30, 2003 to May 28, 2006
Managing Assistant County Attorney: May 29, 2006 to September 30, 2007
Chief Assistant County Attorney: October 1, 2007 to present
As a Legal Assistant, supported attorneys on eminent domain matters, tax deeds, tax surplus
claims and enforcement of code enforcement liens. Following admission to the Florida Bar, was
elevated to Assistant County Attorney, where I took control of tax deeds and tax surplus claims,
supported the Transportation Department, the Code Enforcement Department, the Impact Fee
Department, and worked with the Canvassing Board and on state legislative matters. In
December of2005 I was assigned to manage the satellite County Attorney's Office located in the
Community Development and Environmental Services Division building following the sudden
departure of two attorneys and a legal assistant. After stabilizing the CDES office I streamlined
productivity, reducing the office from four attorneys and four and a half administrative personnel
to three attorneys and two administrative personnel. In recognition of these efforts, I was
promoted to Managing Assisting County Attorney in May of 2006, a newly created senior level
position. My duties managing the satellite office include helping support the Transportation
Department, the Code Enforccment Department, the Impact Fee Department, the Affordable
Housing Department, state legislative matters, and all land use matters, including plats, zoning,
variances, conditional uses, working with the County's Growt.h Management Plan, and Land
Development Code amendments. I was promoted to Chief Assistant County Attorney effective
October 1, 2007, where I presently split time managing the satellite office and assisting the
County Attorney with matters pertaining to the Board of County Commissioners. Over my
tenure with the Office I have helped support the Collier County Planning Commission, the Code
Enforcement Board, the Historic and Archaeological Preservation Board, the Canvassing Board,
the Metropolitan Planning Organization (MPO) Board, and the Board of County Commissioners.
Highlights during my career in the County Attorney's Office include:
+ Helped negotiate and draft numerous Developer Agreements, ranging from developer
payments for traffic signals to creating a consortium of developers who will design, permit
and construct over $50,000,000 in road improvements at virtually no cost to the County.
+ Drafted and presented to the Board the County's Proportionate Fair Share Ordinance, as
mandated by State legislative changes to the Growth Management Act.
+ Drafted and presented to the public and the Board a Planning Moratorium Ordinance.
+ Currently representing the County in litigation involving changes to boat speed limits on
Naples Bay, which matter is scheduled for oral argument before an appellate court in early
December.
'9Al
Cendant Corporation, Parsippany, New Jersey
Vice President and Assistant Secretary, Hotel Division
1997 - 2001
Senior level in-house counsel position supporting upper management in meeting business goals.
Administered recurring franchise sales, transfer, renewal and compliance issues. Negotiated and
drafted domestic and international franchise and master license agreements. Drafted and filed
Canadian offering circulars. Supported the marketing department.
. Managed Division's 100+ bankruptcy docket, supervised outside counsel in 50+ case
commercial litigation docket, and successfully mediated over a dozen franchise disputes, all
within budget.
. Created a new tier for existing hotel brand by converting over a dozen Hearthside Inns to
Hearthside Extended Stay Studios by Villager Inns.
. Trained franchise sales staff in legal matters.
. Promoted twice during first three years, from Assistant General Counsel to Senior Counsel to
Vice President.
Carvel Corporation, Farmington, Connecticut
In-House Counsel and Assistant Secretary
1986-1997
Oversaw the company's entire litigation docket, supervised the contract administration and
compliance department, and periodically updated and filed the company's domestic Disclosure
Documents (UFOe's). Varied corporate practice included real estate sales and closings,
preparing corporate resolutions, and administering all trademark filings and renewals.
. Automated the document preparation process, resulting in substantial cost savings through
staff reduction.
. Negotiated, drafted, and executed all franchise and retail lease agreements relating to over
450 franchise stores, and interviewed and qualified all franchisees as part of the Franchise
Review Committee.
. Managed all of the company's litigation, either as counsel ofrecord or by supervising outside
counsel, in matters ranging from landlord-tenant disputes to complex civil racketeering
actions, insurance claims and bankruptcy filings. Personally prosecuted or defended
hundreds of civil actions in New York and New Jersey state and federal courts, from initial
pleadings through appeals, engaging in substantial pretrial motion and discovery work.
American Career Schools, New Rochelle, New York
New York State licensed instructor for evening paralegal classes.
1985 - 1988
. Developed curriculum and selected all course materials.
. Taught legal research, legal writing, contracts, torts, business law, wills and trusts.
-"""
. ~t?
~,
David Marcus and Associates, White Plaios, New York
Associate
1984 - ]986
. Represented commercial clients in administrative hearings, negotIatmg substantial tax
assessment reductions with local municipalities and other taxing jurisdictions.
. Conducted legal research and pretrial litigation in commercial disputes.
. Drafted real estate contracts, commercial leases, wills and appellate briefs.
State Public Defender's Office, Sacramento, CA
Intern
1982 - 1983
. State certified law student responsible for the preparation of appellate briefs in felony cases
under the direction of an attorney.
Professional Status
Admitted to New York Bar, 1984; New Jersey Bar, 1987; Florida Bar, 2003
U.S. District Court, Southern and Eastern Districts of New York; District of New Jersey, Middle
District, Florida
Education
J.D., University of California at Davis, 1983
American Jurisprudence Award for Business Planning
B. S., Cornell University, 1979
Major: Industrial and Labor Relations
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JULIE LEE
THE WATERS CONSULTING GROUP. INC.
800.899.1669 WWW.wATERSCONSULTING.COM
COLLIER cmJTY, ~OADA
CANDIDA TE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
nJLIE LEE
Julie S. Lee
607 Bridle Lane
Birmingham, Alabama 35243
Home Phone: (205) 968-4025
Mobile Phone: (205) 212-2067
Business Phone: (202) 607-0267
Home Email: Jleel79319@aol.com
CURRENT TITLE AND Supervisory Trial Attorney
ORGANIZATION NAME Equal Employment Opportunity Commission
Binningham, Alabama District Office (BIDO)
REPORTS TO (TITLE) Regional Attorney
POPULATION SERVED 500,000 (low estimate of employees in companies with 15 or
more employees who do business in Alabama, 75 percent of
Mississiopi, and the Northern Panhandle of Florida.
ST AFFIBUDGET Supervise 8 FTE attorneys, and three paralegals. Discrete
suoervision of administrative staff personnel.
EDUCATION AND LICENSES Juris Doctorate
Georgetown University, 1991;
Bachelor of Arts (Major: Political Science; Minor; History),
1985.
District of Columbia Bar.
CURRENT SALARY $116,000
1. Please tell us why you are interested in this position and why you are considering
movinl!?
Answer: Governments which receive and follow good legal counsel tend to conduct their operations
correctly, fairly, ethically and lawfully. In fact, there is no element of government operations that
does not benefit from good legal counsel. Good legal counsel encourages the development of
legally-sound and effective policies and programs, and gives policymakers room to be more creative
and forward thinking. Good legal counsel helps governments enforce the law correctly, fairly and
effectively. Good legal counsel generates respect by the public for regulatory enforcement efforts,
and government decisions generally. Good legal counsel helps governments make good personnel,
administrative (contracting/procurement, for exan1ple) and other internal decisions. Good legal
counsel helps the government successfully defend or resolve claims lodged against it. Good legal
counsel minimizes inappropriate disclosure of information, increases the appropriate disclosure of
information, and ensures protection of the government's various statutory and common-law
privileges. Good legal counsel also ensures that government employces work in accord with the law
and ethical standards. The announcement posted for the instant position suggests Collier County's
commitment to good governance. I value good governance and, as a government attorney and
public servant, enjoy providing legal counsel in governments trying to achieve it.
At the same time, the government's ability to govern well can be compromised by undue influence
WATERS-OLDANI EXECUTIVE RECRUITMENT
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200G@THISDOCUME",TISCOPYRIGHTEDM'D IS CONSIDERED PROPJUETARY INFORM.ATION.
TIm DOCUME~T OR ;"'>.Y PORTIONS OF THIS DOCUMEl'<T IS NOT TO BE REPRODUCED FOR.ANY REASO:--.I WTDlour THE \'(iRllTE!-': C.O;..;SE"-''l' OFTHE WATERS CONSULTING GROUP, INC
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L.;.
COLLIER COUNTY, FLORlDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JULIE LEE
from political, community and special interest. Good legal counsel helps the government avoid
undue influence, and avoid the appearance that its decisions are impacted by undue influence. At
the same time, good legal counsel can direct the government to an appropriate and lawful method of
recelvmg and entertaining the VICWS of political, community and special interests. The
announcement posted for the position suggests a commitment by Collier County to striking an
appropriate balance between its governing obligations and demands by outside interests. As a
citizen, public servant and government attorney, I appreciate Collier County's recognition and
public acknowledgement of the need for balance. I enjoy and am committed to this element of
government legal counsel.
I am interested in moving because I like the area in which the office is located, and have family and
friends within a reasonable travel distance.
2, Please describe your current scope of responsibilities including staff and budget, What
is the largest number of people that you have managed and the largest operating
bud!!et vou have manal(ed?
Answer: My scope of my responsibilities include, but is not limited to, the day-to-day supervision
of BIDO attorneys and paralegals, all BIDO litigation, the development of litigation vehicles from
cases investigated by BIDO's enforcement unit, the provision of legal counsel to investigators and
intake staff, and the development of litigation and administrative policies and procedures.
I managed 17 attorney, paralegal and administrative staff as General Counsel of the District of
Columbia's largest non-health enforcement agency (DCRA). At that time, I managed a budget of
approximately $1,000,000. Because I also was a member of the agency's lI-member Executive
Staff and Chief Legal Counsel, I provided supervision, direction and/or guidance to many of the
agency's staff on discrete issues.
3. What role do you play with your organization's elected officials? County/City
mana!!ement team? Public? Media?
Answer: In my current position, I do not have contact with elected officials, but have regular
contact with senior agency officials. I do respond to public and media inquiries regarding matters
pending before the BIDO, and cases in litigation. I am a contact person on all press releases related
to agency litigation. In that regard, I frequently brief the press on agency and litigation matters.
As General Counsel of two District of Columbia agencies and a Senior Counsel (litigator) for the
District of Columbia Office of the Attorney General (OAG), I had regular contact with senior
officials of the government as well as contact with members of the District of Columbia City
Council and/or their staffs. As General Counsel, I provided legal and policy counsel to my agency
Directors and other agency of1icials, and officials in the District of Columbia Office of the Mayor. I
participated in policy and program development at the agency level and the intra-agency level. At
the intra-agency level, I often was involved 111 senior-level meetings regarding econOllllC
development in the District of Columbia. I provided both legal and policy counsel at those
meetings. My contacts with District of Columbia City Council (Council) members and staff were
responsive to the Council's oversight responsibilities and included private meetings between my
Directors and Council members, or attendance at public hearings or meetings. In both scenarios, I
W""TERS-OLDANI EXECUTIVE RECRUlT.'vlENT
PAGE 2
20060 nns DOCUl\1ENT]$ COPYRIGHTED "-\..'\'D IS CO:-.JSIDERED PROPRIETARY INFORlvl:\TlO='l
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COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JULIE LEE
provided legal counsel to my Directors, or answered questions of Council members if appropriate.
As a litigator for the District of Columbia handling high-profile and/or sensitive litigation, I often
worked closely with senior members of the government on sensitive matters.
As General Counsel, I trained senior-level managers on managing public contacts, and responding to
public and media inquiries. I actively provided legal guidance on agency responscs to sensitive
public, media and legislative inquirics. I managed all contact with law enforcement agencies. I
reviewed production of information and documents to the District of Columbia City Council and
media, and oversaw the agencies' Freedom of Information Act (ForA) responsibilities. I also
provided legal guidance on and developed policies and procedures governing disclosure of
information related to enforcement matters.
Prior to my work as an attorney, I performed legislative and policy work, including lobbying for the
United States maritime industry. In that capacity, I had regular contact with United States
congressional offices and staff, and federal agencies and senior federal agency staff. That position
was preceded by a substantive internship with the United States Senate Commerce Committee in
which my regular duties were responding to media inquiries from the press, facilitating press
coverage of Senate hearings, and drafting press releases.
4. Please describe your management style. What pereentage of your time do you spend on
mana!!ement vs. involvement in the county/city's easeload?
Answer: I have been trained in performance-based management, and believe it is a useful tool to
improve the provision of government services. As such, tracking, measuring and accountability are
an integral part of my management style. I am comfortable making management decisions, and
comfortable communicating to employees management's needs, requirements, and expectations. I
am equally comfortable addressing performance and conduct issues. Notwithstanding the foregoing,
I have strong people skills honed through a varied legal and non-legal background in diverse
settings, and rely on them substantially as a manager. Flexibility is another central component of
my management style.
My preference is to manage an employee only as much as that employee needs to be managed, and
to provide encouragement, support, and training so that the employee may be successful in his or her
job. I believe in rewarding good work, managing employees out of bad work, and holding
employees accountable if all else fails. My preference is not to micromanage. However, I will
micromanage as a short-term method of addressing certain types of performance issues. My goal
always is to move from micromanagement to longer-term solutions that do not require unreasonable
commitments of supervisor time.
Government attorney caseloads typically are made up of work that constitutes "core" legal services
(legal opinions, advice and counsel, investigation oversight, and litigation). I try to spend no more
time on caseloads than is nccessary. Instead, I prefer to manage legal services, and ensure my
availability to provide direct and immediate counsel to the client. This is one reason that I support
good hiring policies and practices, work-related training, and operating policies and procedures.
With operating policies and procedures in place, qualified and well-trained attorneys should be able
WATERS-OLDANI EXECUTIVE RECRUITMENT
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200M) TIllS DOClJl'vtE-'JT IS COI'YRJGHTED-"J"D IS CONSiDERED PROPRIETARY I!'JFORMATlO.\l
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to provide core legal services without umeasonable commitments of supervisor time. To the degree
that is not happening, more close involvement by supervisors would be required pending longer-
term solutions.
5. Please describe the nature/type of cases you have been involved with recentlv?
Answer: Since September 2006, I have been supervising employment discrimination cases in federal
courts in Mississippi and Alabama. Prior to that, I spent seven (7) months litigating a varied case
load including, but not limited to, Title VII cases, wrongful death cases, a complex IMF protest case.
I also represented the District of Columbia in defense of a multi-agency subpoena of agency records
related to a high-profile bribery case, and in National litigation against tobacco companies.
Before then, January 2004-February 2006, I was General Counsel of the District of Columbia's
largest non-health related enforcement agency. Among routine enforcement of laws governing
zoning, rental housing, professional and occupational licensing and registration, corporate licensing
and registration, and the building codes, I developed and led the District of Columbia's first
enforcement action under its condominium conversion statute. In that case, we successfully
prosecuted an administrative action and litigation against a developer that illegally attempted to
convert a large apartment building to a condominium. The District of Columbia was successful in
both regards, with my office developing a framework and process for investigating and challenging
illegal condominium conversions.
I additionally provided legal guidance and counsel on the government's response to the City
Council's investigation of allegations of undue influence by developers in the conversion of rental
properties to condominiums (see discussion below for more detail). Finally, I assisted in the
development and drafting of legislation and rulemaking strengthening criminal and civil
enforcement provisions in the building code and zoning laws. I also actively oversaw and asserted
the agency's interest in all agency litigation being handled by attorneys at the District of Columbia
Office of Attorney General
6. What kind of feedback have you received from people with whom you work on a daily
basis with re!!ard to your strcne:ths?
Answer: My supervisors and persons to whom I provide legal counsel typically express
appreciation for my frank and honest counsel, my insightfulness and creativity, and the quality of
my counsel. They also express appreciation for my hard work and loyalty. Colleagues say they
appreciate my teamwork and willingness to help. In cases I litigated, Judges frequently gave me
very positive feedback on the quality and manner of my presentations.
7. What kind of fecdbaek have you received from people with whom you work on a daily
basis with regard to your weaknesses?
Answer: My supervisors have not identified to me any particular weaknesses although I have
worked closely with my supervisors in all positions I have held. I listen to their instruction and
guidance and try to meet their needs. Some subordinates do not like me to micromanage their work.
In those instances, the subordinates were correct that I was micromanaging. In those instances
where I micromanaged, my supervisors agreed with me that I should micromanage.
8. How would others characterize your communication style?
Answer: Verbal: direct, appropriately deliberative, persuasive and "natural" in delivery. Written:
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JULIE LEE
WATERS-OLD""NI EXECUTIVE RECRUITMENT
P}.GE 4
2006~ THIS DOCl;i\fE}.;T IS COI'YHlGIITF-D :\NO IS CONSIDERED PROPRlETi\RY INFORL\l...TION
THIS DOCUMEI'TOR A"ry PORTIO-";S OF11~IS DOCUMENT IS NOT TO BE REPRODUCI..:O rOR ANY REASON \,(lTI-IOCT'lHE \'\'RTITE\r CONSE.;Vi' OI"TIiE W'.~TER.S CO~SUl.Tlr;G GROUP, !:-Ie.
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COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JULIE LEE
clear, concise, appronriate in tone, persuasive as necessary.
9. What experience do you have in developing and reviewing . .
or revIsIng
ordinances/zoning codes and policies relating to development? How familiar are you
with TIP SIDS LIDS as they relate to zoning and code? Have you written any
legislation with regard to ordinance/code? .
Answer: During my tenure as General Counsel at DCRA, the agency charged with enforcing the
District of Columbia Building Code and zoning laws, I participated in, or oversaw the drafting of,
numerous pieces of legislation or rulemaking related to both areas. In fact, during my tenure, my
office worked with various agency programs to draft substantial revisions to the Building Code. We
additionally drafted numerous other pieces of legislation and regulations. I also worked with the
Mayor's office in drafting several development-related picces of legislation or rulemaking. Iam
familiar with TIF, SIDs and LIDs generally as tools to encourage development. I believe that the
District of Columbia offers TIF for development in certain areas of the City, and has Business
Improvement Districts (BIDS - I believe these are the same as SIDS), and have some familiarity
with them in the context of the vending licensing and locations. I am not sure of the District's
utilization of LIDS, but understand the use of LIDS as a development and environmental balancing
tool.
10. What exoerience do VOll have in workinl! with Code Enforcement and Compliance?
Answer: From January 2004-February 2006, I was General Counsel of the District of Columbia
agency charged with enforcing the building code, zoning Laws, rental housing laws, condominium
conversion laws, vending laws, laws governing non-health related professional and occupational
business licenses, and laws governing corporate licensing and registration. During my tenure, the
agency engaged in its most aggressive enforcemcnt and compliance activities in over a decade, if
not much longer. During my tenure as General Counsel of the District of Columbia Office of
Human Rights (OHR), the agency embarked on an aggressive campaign to enforce the District of
Columbia's anti-discrimination laws. My involvement in this campaign included setting up the
agency's General Counsel's office, creating legal templates, training investigators and other staff to
ensure the legal sufficiency of investigations and the correctness of legal determinations, and
drafting internal policies and procedures aimed at ensuring the sufficiency and independence of the
agency's operations and legal determinations.
11. Please describe your experience in handling highly visible cases and the nature ofthe
case. Did you utilize outside counsel?
Answer: As a trial attorney in my own practice, I represented a criminal defendant in a death
penalty case that garnered substantial local media coverage. As a trial attorney for the District of
Columbia, I defended numerous high-profile civil actions including, but not limited to, defending
police officers charged with the wrongful death of or serious injury to citizens, defending the
District of Columbia Department of Corrections and Public Schoo Is against allegations of
constitutional violations associated with the strip search of students attending a school trip at the
local jail, defending the District of Columbia Department of Recreation against allegations of
negligence resulting from a swimming pool accident that left a child substantially brain damaged,
defending the District of Columbia Police Department against allegations of excessive force and
constitutional violations associated with mass arrests during International Monetary Fund (IMF)
demonstrations, and investigating and developing the District of Columbia's defense to allegations
WATERS-OLD,~NI EXECUTIVE RECRUITMENT
P,,,GE 5
200610 TIllS DOCU:"'IEl'iT IS COI'YR1GHTED :\.'<O]S CONSIDERED PROPRIETARY INFOIZ,\{AT10N.
THIS DOCUME",TOR A>,Y PORTIONS OFTHIS DOCU;\(Et>.'f IS NOTTO BE REPRODUCED fOR ANY HJi.A..SO"J \\lTHOUTTHE VI'RI1TE:'i CO"JSENT Or-THE \'i7ATERS CO-"SL;LTING GROLl" INC
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that senior officials of the District of Columbia Fire Department coerced female Emergency Medical
Technicians to abort pregnancies. Outside counsel were not utilized in these cases. I was first chair
in each ofthese cases.
12. What type of on-going reporting do you provide to your superiors? What type of
electronie ease mana!!ement svstem does your organization currentlv use?
Answer: I meet and confer with my supervisor throughout the work day. My office utilizes several
electronic case management systems including, IMS, Microsoft Outlook, and Case and Text Map. I
developed the Microsoft Outlook system to calendar and track individual case assignments, impose
assignment deadlines, and calendar court and litigation-related dates. In my prior capacity as
General Counsel at DCRA, I developed an electronic case assignment and tracking system for
attorney caseloads. As a practicing attorney with the D.C. Attorney General's Office, I utilized
PROLA W to track and manage my caseload
13. Have you ever developed or conducted a cost allocation formula evaluation? Workload
estimates analvsis? What were the results of these studics?
Answer: I have not conducted a cost allocation formula evaluation, or workload estimates analyses.
I have a fleeting familiarity with bOtll, but probably could perform or contribute to either upon
review, study and/or assistance from appropriate staff.
14. What experience do you have with recruitment, professional development and training
oroe;ram implementation?
Answer: I was responsible for hiring employees in the legal offices of DCRA and OHR. I
presently am actively involved in the hiring of staff in BIDO's legal unit. I developed or was
involved in the development of position descriptions and job announcements in some or all of these
offices. I was responsible for hiring contract employees for my office at DCRA. I developed
training programs and identified and arranged discrete trainings for staff in my offices. I
participated in the development of training programs for the enforcement and compliance staffs of
DCRA and OHR. I also was involved in developing training programs for managers and employees
at DCRA. In my positions at OHR, DCRA and EEOC, I trained employees, lawyers, investigators,
and managers in numerous areas. At DCRA and OHR, I was responsible for ensuring completion of
mandatory training hours by my staff.
15. Are you currently, or have you ever been a member of the Florida Bar? If not
currently a member of the Florida Bar, arc you able to sit for the bar upon your
apDointment to this position?
Answer: I am not a member of the Florida bar, but am able to sit for the bar if appointed to this
position.
16. Please describe any additional areas of expcrtise or experiences/project involvement
vou havelhave had that are relevant to the position for which vou are aoolyin!!.
Answer: I have a varied legal and professional background. [am not wedded to substantive areas,
but believe that I have certain core skill sets and experiences that would be invaluable to the County
Attorney position. Thcse skill sets and cxperiences include, but are not limited to, the following: (I)
creating and managing government law offices; (2) supervising attorneys and legal staff in
government law offices; (3) providing legal counsel to senior government officials; (4) representing
and/or counseling government agencies and officials appearing in legislative arenas; (5) testifying in
legislative arenas; (6) providing legal advice, and guidance on managmg public contacts
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTtONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JULIE LEE
WATERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 6
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'lHlS DOCUMENT OR A-""-YPO.H.TIO~S OFTHIS DOCUME.l\"T IS NOTTO BE REPRODUCED FOR /11'\'Y REI\SON \\TfHOLT THE \X'RITfFN COI\SE!>.:T OFTHF W.'\TERS co}.;sn:nNG GROUP !:\Ie
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COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JULIE LEE
(community, business interests, legislative); (7) training and/or counseling on government ethics; (8)
providing legal counsel on government personnel matters (labor unions, employment discrimination;
FMLA, disciplinary actions); (9) conducting and/or overseeing internal government investigations;
(10) representing governments in law enforcement matters; (11) providing legislative and policy
support (including lobbying, drafting legislation and rulemakings, position statements, hearing
testimony); (12) conducting agency strategic plarming and developing agency business processes;
(13) managing employee/lawyer performance, including setting performance starldards and tracking
and measuring performance; (14) ensuring code compliance; (15) litigating civil and criminal cases;
(16) managing civil and criminal litigation by staff and outside counsel; (17) overseeing the
performance and conduct of outside legal counsel, including litigation counsel; (18) briefing and
arguing appeals; (19) working with senior government officials, legislators and legislative staff, and
private sector senior executives; (20) training, and arranging the training of, government employees
on numerous substantive, procedural and administrative matters; (21) managing Freedom of
Information Act ("ForA") requests; (22) managing government legal office budgets; (23)
supervising attorney and non-attorney staff; (24) reviewing govemment operations for legal
sufficiency; (25) providing legal counsel on policy and program issues; (26) providing legal advice
and oversight of agency enforcement efforts; (27) managing responses to subpoenas and providing
legal advice on other requests for infornlation; (29) providing legal counsel on agency restructuring
and realignment efforts; (30) providing legal counsel on discrete government issues including, but
not limited to, procurement, contracting, ethics, personnel and union matters; and (31) providing
legal counsel on media and other public contacts. I believe, is broad knowledge and/or expertise in a
host of legal and substantive issue areas. That, combined with my management, legislative,
litigation, investigative, training, governmcnt experience and public advocacy background, makes
me particularly suited for the instant position.
WATERS-OLDANI EXECUTIVE RECRUITMENT
P,\GE 7
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9
JULIE LEE
607 Bridle Lane
Birmingham, Alabama 35243
(205) 968-4025 (h); (202) 607-0267 (c)
Jlee179319@aoI.com
RESUME
Emplovment History
U.S. Equal Employment Opportunity Commission
Birmingham, Alabama
September 2006 - Present
Supervisory Trial Attorney
Supervise attorneys and paralegals in Equal Employment Opportunity Commission
Regional Office charged with litigating Title VII, Equal Pay Act, Americans with
Disabilities Act (ADA) and Age Discrimination in Employment Act (ADEA) in
Alabama, northern Florida, and most counties in Mississippi. Supervise all litigation
including, but not limited to, identifying and overseeing the development of cases
appropriate for litigation, reviewing and approving litigation recommendations to
Regional Attorney, ensuring successful management of litigation during discovery,
settlement negotiations, mediation, and trial. Provide direct legal advice, and ensure the
provision of legal advice to Enforcement Division (Intake and Investigations Units).
Supervise attorney relations with plaintiffs' and defendants' legal counsel. Develop and
Legal Unit administrative and litigation policies and procedures. Supervise employee
time and attendance, performance, and conduct. Develop and implement employee
perfonnance, conduct and accountability standards. Provide legal, administrative and
policy counsel to Regional Attorney and Director.
District of Columbia Legal Services
Washington, D.C. (see various positions below)
January 2001 - September 2006
D.C. Office of the Attorney General
Washington, D.C.
March 2001 - September 2006
Senior Assistant Attorney General
Specially-appointed by the District of Columbia Attorney General to defend the District
of Columbia in sensitive, high profile and/or complex civil litigation in federal and local
courts. Represented the District of Columbia against tobacco companies to enforce
national tobacco settlement agreement, and defend challenges to the District of
Columbia's diligent enforcement efforts. Managed and streamlined discovery of multiple
claimant civil rights litigation generated by police response to IMF demonstrations.
Negotiated, managed document production and asserted government privileges
responsive to government-wide subpoenas of District Government agencies in federal
o'
bribery prosecution. Defended the District of Columbia in high-profile Title VII elaims
and police and prison wrongful death actions. Provided regular litigation-related
counseling and mentoring to Assistant Attorney Generals.
D.C. Department of Consumer and Regulatory Affairs
Washington, D.C.
August 2004 - March 2006
General Counsel
Managed legal, legislative, complaint intake, and Freedom of Information Act (ForA)
operations of enforcement agency responsible for regulating building and land use (i.e.
construction, zoning, and nuisance properties), rental housing, condominium registration
and conversion, business and corporate licensing and registration, and non-health
professions and occupational trades in the District of Columbia. Ensured delivery oflegal
assistance to agency by, but not limited to, issuing legal opinions and counsel, directing
enforcement action against violators of District laws, providing representation before the
District of Columbia Office of Administrative Hearings, Board of Zoning Administration
and various professional and occupational Boards and Commissions, facilitating
legislation and rulemaking, and providing oversight of agency litigation by the District of
Columbia Office of the Attorney General. Reviewed and facilitated the amendment of
agency policies and practices to ensure legal sufficiency. Provided legal counsel on
discrete agency procurement, labor, employment and personnel matters. Oversaw
investigations into employee misconduct. Coordinated with local and federal authorities
on law enforcement matters. Provided and/or facilitated agency training and/or
counseling on substantive legal issues, ethics, employment discrimination, employee
misconduct, managing public contacts, inspections and investigations. Represented
DCRA legal interests in District of Columbia intra-agency matters and legal conflicts.
Provided senior-level management and policy guidance to the agency Director and Senior
Staff. Developed policies and procedures for legal, ForA, complaint intake and
legislative operations. Oversaw development of legal office's technology and operations
systems, and negotiated and managed office budget. Developed and/or enforced
performance standards and performance measures for seventeen (17) person legal and
non-legal union staff. Managed legal office's labor-management activities. Participated
in agency realignment and restructuring as member of agency "Design Team."
Participated in Strategic Planning activities for the agency. Managed agency responses to
subpoenas and legislative production demands. Testified and/or provided legal counsel at
City Council hearings and meetings. Reviewed and provided counsel on media and
public relations activities to ensure legal sufficiency. Provided legal counsel to senior
government officials in government-wide initiatives.
District of Columbia Office of Human Rights
Washington, D.C.
August 2002 - January 2004
General Counsel
Developed, directed and created policy and procedures for newly-instituted legal office of
District agency charged with enforcing anti-discrimination laws. Created legal templates
and drafted orders and final legal determinations in accord with District of Columbia
2
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Human Rights Act (DCHRA), Title VII of the Civil Rights Act, the Americans with
Disabilities Act, the Age Discrimination in Employment Act, the federal and District of
Columbia Family and Medical Leave Acts and the Fair Housing Act. Developed
numerous first impression legal interpretations involving the sixteen (16) protected
categories in the DCHRA. Developed and drafted current District of Columbia
government sexual harassment policy and drafted and proposed District of Columbia
EEO, affirmative action, and disability policies. Provided legal counsel on discrete
agency legal issues including, but not Iimitcd to, personnel matters, employee
misconduct, agency policy decisions. Resolved backlog of agency's oldest and most
complex discrimination complaints. Developed and drafted agency EEO and sexual
harassment policies. Directed and guided discrimination investigations to ensure legal
sufficiency. Trained agency investigators in substantive EEO law, regulations and
procedure, and conducting lcgally sufficient discrimination investigations. Trained
District government General Counsel, agency private-sector mediators, complaint intake
staff, and agency interns on substantive EEO Jaw, regulations and procedures. Drafted
agency motions and position statements in agency matters pending before the Equal
Employment Opportunity Commission (EEOC) and the District of Columbia Office of
Employee Appeals (OEA). Served as OHR EEO Officer. Served as Acting Director.
District of Columbia Office of the Attorney General
Washington, D.C.
January 2001 - August 2002
Assistant Attorney General
Defended District of Columbia against wide-range of statutory, common-law, and
constitutional claims, i.e., employment discrimination, police brutality, wrongful death,
wrongful termination, and negligence. Conducted aggressive discovery practice,
including extensive use of depositions, to resolve cases through dispositive motions and
favorable settlements. Argued dispositive and evidentiary motions in District of
Columbia Superior Court and United States District Court. Utilized expert witnesses in
various fields, i.e., neurology, child psychiatry/psychology, police procedures, swinuning
pool operations, life-care planning. Conducted pre-litigation investigations of sensitive,
high-profile and high-risk cases. Participated in volunteer mentoring and empowerment
programs.
Law Office of Julie S. Lee
Washington, D.C.
June 1992 - January 200 I
Managing, Trial & Appellate Attorney
Managed day-to-day operations of solo law practice specializing in criminal defense and
personal injury law. Represented approximately two-hundred (200) court-appointed and
retained criminal defendants in Felony I, Felony II, misdemeanor and intra-family cases
in the District of Columbia Superior Court. Prosecuted or defended varied negligence and
intentional tort claims including, but not limited to, false arrest, malicious prosecution,
employment discrimination, hate crimes, defamation, medical malpractice, slip and fall,
automobile accidents, respondeat superior, assumption of risk, contributory negligence
and punitive damages. Tried approximately fifty (50) criminal jury and non-jury cases
3
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and five civil cases. Co-chaired trial and retrial of death pcnalty case in Prince Georges
County, Maryland. Briefed and/or argued hundreds of dispositive and evidentiary
motions. Conducted dozens of evidentiary hearings. Directed hundreds of criminal and
civil pre-trial investigations. Conducted discovery in hundreds of criminal and civil cases.
Negotiated plea and settlement agreements in criminal and civil cases. Utilized expert
witnesses in various areas, i.e., economics, orthopedic surgery, toxicology, retail security.
Briefed, argued and/or developed legal arguments for numerous appeals before District of
Columbia Court of Appeals. Two reversals of trial court convictions. Relevant published
opinions: Harkness v. Jones, 709 A.2d 722 (D.C. 1988); Zeledon v. United States, 770
A.2d 972 (D.C. 2001). See also, Eric Byrd v. United States (unpublished opinion, 2001).
Lebeouf, Lamb, Leiby & McCrae
Washington, D.C.
August 1990 - February 1992
Law Clerk/Contract Associate
Researched and drafted legal memoranda on maritime and related issues including, but
not limited to, federal and state oil pollution laws, hazardous waste and clean air laws,
tankship manning and operation requirements, cruise ship operations, and international
and domestic maritime trade. Monitored legislative activity on Capitol Hill and
rulemaking by federal agencies. Prepared legislative and regulatory reports and analyses.
American Maritime Congress
Washington, D.C.
June 1985- April 1990
Legislative and Policy Analyst
Represented maritime interests on Capitol Hill and before federal agencies for United
States ship operating companies and maritime union. Responsible for numerous issue
areas including, but not limited to, hazardous waste disposal and transport, military
transport, cargo preference, oil pollution liability, ship operating/building subsidies,
shipboard manning, cruise ships, foreign aid, farm subsidies, cable ship operations,
domestic oil development, and international and domestic ocean trade. Drafted legislation
and rulemaking. Prepared legislative and rulemaking surmnaries, issue papers, position
and briefing papers, congressional testimony, speeches, and regulatory comments.
Conducted direct lobbying efforts. Represented organization in industry coalitions and
legislative campaigns. Participated in development of industry policy and program
initiatives. Prepared industry-recognized report on trade barriers in the international
maritime trades; published in the Congressional Record and trade journals.
United States Senate
Washington, D.C.
January 1985 - June 1985
Press AssistantJIntern
Monitored, and surmnarizcd Senate Commercc Committee legislation for dissemination
of information to print and broadcast media. Drafted Commerce Committee press
releases. Responded to written and telephone inquiries from print and broadcast media.
4
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Oraftcd Senate floor statements published in the Congressional Record.
Education
Georgetown Law Center, Juris Doctorate
Washington, D.C. 1987-1991
D.C. Law Students in Court - Landlord-tenant civil litigation clinic. Precedent-setting
restoration of tenant to possession of residential premises.
American Inns of Court, FAHY INN - Professional association of litigators and selected
law students. Participated in monthly meetings and mock programs aimed at promoting
ethics in litigation.
George Washington University, Bachelor of Arts
Washington, D.C., 1982 - 1985
Major: Political Science.
Minor: History.
Continuin!! Education
Advanced trial advocacy, advanced civil discovery, systemic and class action litigation,
contracts and procurement, government and attorney ethics, internal investigations,
zoning law, zoning and building code enforcement, investigation skills, litigating equal
employment opportunity cases, mediation, FOIA, negotiating settlement agreements,
management and supervision, employee discipline, employee misconduct, performance
measurements, systemic training, performance-based budgeting, agencylcorporate/client
privileges, and labor-management relations.
Memberships/Special Activities
District of Columbia Bar, 1992 ~ present.
23'd, 24th and 25th Annual District ofColurnbia Judicial Conferences.
Weekend Academy for Writers and Thinkers.
Various volunteer positions with D.C. Public Schools.
Discrete Community Service Activites
5
RAYMOND REA
(
THE WATERS CONSULTING GROUP. INC.
800.899.1669 WWW.wATERSCONSULTING.COM
(
9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
RAYMOND REA
Raymond Rea
1951 W. 26th St.,#213,Cleveland,OH 44113
Home phone: 216-862-6796
Business phone: 216-664-4348
Mobile phone: 216-644-0049
Home E-mail: raymondrea@roadrunner.com
Work Email: rrea(a)city.cleveland.oh.us
CURRENT TITLE AND Chief Assistant Director of Law, Real Estate & Development
ORGANIZATION NAME City of Cleveland Department of Law
REPORTS TO (TITLE) Director of Law
POPULATION SERVED 478,403 according to the 2000 census
ST AFFIBUDGET Supervise 7 attorneys
EDUCATION AND LICENSES J.D., Nova University, Ft. Lauderdale, FL 1982
M.S. Geology, University of South Florida, Tampa, FL 1977
B.S. Geology, Wayne State University, Detroit, MI 1970
Licensed to practice law in Ohio, presently inactive in Florida
CURRENT SALARY No Response
1. Please tell us why you are interested in this position and why you are considering
movin!!?
Answer: I would like to deal with a greater diversity oflegal issues in my professional career.
2. Please describe your current scope of responsibilities including staff and budget. What
is the largest number of people that you have managed and the largest operating
bud!!et vou have mana!!ed?
Answer: I supervise a staff of 7 attorneys. At present I have no budgetary responsibilities. The last
time I had any significant budgetary responsibility was back in 1993 when I was general counsel to
a national environmental consulting firm. At that time my annual budget was $1.4 million.
3. What role do you play with your organization's elected officials? County/City
mana!!ement team? Publie? Media?
Answer: I interact with the City's elected officials on a regular basis either providing them with
advice or making presentations before council committees. I am a member of the City's
management team for Economic Development and Community Development. I deal with the public
on a semi-regular basis, both at public hearings and in response to various citizen requests. At
present I deal with the media only when authorized by the City administration.
4. Please describe your management style. What percentage of your time do you spend on
mana!!ement vs. involvement in the eountv/citv's easeload?
Answer: I mentor the junior staff and rely heavily upon the institutional knowledge and expertise of
the senior attorneys in my section. I do not micromanage. I spend about 20% of my time managing.
The remainder of my time is spent on caseload.
Please describe the nature/tvne of cases vou have been involved with recently?
Answer: The bulk of my work has been providing transactional legal work for multi-million dollar
W"\TERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 1
20000 TIns DOCUMEt-,"T IS COPYRIGHTED Ai"lD IS CONSIDERED PROPRIETARY INFORJ\.lATION.
nITS DOCU!\.rr:.K'TOR :\N'{ PORTIONS OF THIS DOCUi\iliNT IS NOT TO BE REPRODUCED rORA.""'"llliASON WUHOLL TIm \"IJUTTEI\' CONSENT OF"IHE W...,TERS CONSULTING GROUP, INC.
WATERS.OLDANI EXECUTIVE REnWITM!'iNJ' IS A DfVISIOl\' O]'THE \'\iATER.S COKSUI:rlNG GROL'P, INC. BOO.R99.1669
9A
development deals in which the City has provided tax incentives, financing or infrastructure
commitments.
5. What kind of feedback have you received from people with whom you work on a daily
basis with re!!ard to vour stren!!ths? --
Answer: I've been told that my work product is always timely, accurate, and that I think creatively
to get a deal crafted that's beneficial for all parties.
6. What kind of feedback have you received from people with whom you work on a daily
basis with re!!ard to vonr weaknesses? ----
Answer: At times I been told that I take my job responsibilities too seriously.
7. How would others characterize vour communication style?
Answer: I'm verbal, and can talk to any group at anytime on most any topic. I also can translate
complex issues into simple concepts.
8. What experience do have in developing and reviewing . .
you or revIsmg
ordinances/zoning codes and policies relating to development? How familiar are you
with TIP SIDS LIDS as they relate to zoning and code? Have you written any
lel!islation with rel!ard to ordinance/code?
Answer: TIF- I have written numerous TIF ordinances and agreements dealing with multimillion
dollar mixed use developments and PUDs.
SIDs - If you are using this acronym to refer to Special Improvement Districts, I have also written
the ordinances and resolutions to set up these districts under state law.
LIDs - If you are using this acronym as it relates to low-impact development, the concept has little
application to Cleveland because the city is essentially paved over, sewered, and built out. I wrote
the storm water ordinances and effectively set up the riparian setback program for the few remaining
areas of the city that are not yet fully developed.
All revisions to the development and zoning codes, all development agreements, all purchases and
sales of city owned land are handled in my section of the Law Department. I have written numerous
authorizing ordinances for those activities.
9. What experience do vou have in workinl! with Code Enforcement and Compliance?
Answer: I've dealt with code enforcement and compliance for three years as city attorney for
Boynton Beach, Florida.
10. Please describe your experience in handling highly visible cases and the nature ofthe
case. Did vou utilize outside counsel?
Answer: I have not dealt with a higWy visible case since the late 1980s.
While in private practice in the early to mid 1980s I handled an employment related whistleblower
case against the SFWMD. The case was heavily litigated and covered extensively in the media.
This litigation was quite often characterized as David vs. Goliath. I beat SFWMD in every forum.
While city attorney for Boynton Beach, I handled with the assistance of outside counsel, a high
profile zoning related piece of litigation. In short, the City reneged on its deal with a developer.
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
RAYMOND REA
WATERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 2
200610 THIS DOCUMENT IS COPYRJGHTED AND IS CONSIDERED PROl'RlCT.'illY INFORl\L\'flOK
nllS DOCUMENT OR ANY POKllONS OF TIIIS DOCli;'\(E""T IS NOT TO BE REPRODUCED FOR ANY IlEASOK \\'lTHOUT TIlE \'{'IUTlEN CONSKl\;T OF THE W.>\TERS CO',)SULTlNG GROUP I:\iC
\VATERS-OLDANl f<.:XECUTIVE RECRl:ITMF.:r'n IS.... DIVISION OFl1IE \'';'ATFRS COl\SULTING GROLl', ["Je 800.899.1(,69 '
..j.;,'J' ,l
;i 'J. ~
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
RAYMOND REA
r-o--- . _,,'__._~_______._..
The developer sued, asking for millions of dollars in damages. Unfortunately, I became politically
involved in the litigation, gave bad advice to my clients, and became a political issue in the mayor's
race. The city ultimately had to pay $8 million to the developer. To put it bluntly, I politically
involved and gave my clients the advice they wanted to hear, not the advice they needed to hear.
I've never made that mistake again._______ ________
11. What type of on-going reporting do you provide to your superiors? What type of
electronic case management system do~ou,"-~..-gl!nizationcurrently use?
Answer: My on-going reporting takes the form of daily discussions with my superiors on issues of
the day. My organization has an archaic electronic caselIlanageIn:e_~t_~!'.~m.
12. Have you ever developed or condueted a cost allocation formula evaluation? Workload
estimates analysis? What were the results of ti!~l)_stEdi~~1_________________
Answer: Never
. -.-.--.-.-.-...-.--....---------..--
13. What experience do you have with recruitment, professional development and training
program implementation?
Answer: The Dept. of Law handles recruitment, professional development and training by
committee.
14. Are you currently, or have you ever been a member of the Florida Bar? If not
currently a member of the Florida Bar, are you able to sit for the bar upon your
appointment to this position? ,_..,________._
Answer: I am an "inactive" member of the Florida Bar. I can activate my license by simply
providing the necessary Continuing Legal Education atte!ldance paperwork to the Bar.
IS. Please describe any additional areas of expertise or experiences/projeet involvement
ou have/have had that are relevant to the osition for which ou are a I in .
Answer: I have considerable expertise on environmental issues This includes brownfield
redevelopment, natural resource and habitat preservation, water supply development, water use
permitting, and storm water management. I am a Professional Geologist licensed by the State of
Florida.
WATERS-OLDANI EXECUTIVE RECRlJITMENT
PAGE 3
20060 D-IIS DOCUMENT IS COl'YRlGHTED AND IS CONSIDERED PROPRJETARY LNrORl\:L"'-TION.
II ns DOCUMEI'iT OR A_'iY I'OR'nO)\'S OF TIllS DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON wrn-rotn THE \VRT1TE).! CO),lSS"JT OF THE ""ATERS COJ-..:Sl;LTlKG GROUP, INC
\l;'ATF.RS-OLflANI EXECUTrVE RECRUTMENT IS A f)IVISIO>.J or: THE WATERS (O)'..;SUL11NG GROUP, I0JC 800.899.1669
RAYMOND A. REA
1951W. 26th St., # 213
Cleveland, Ohio 44113
Home: 216.644.0049 / E-mail:raymondrea@roadrunner.com
9A
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PROFESSIONAL EXPERIENCE
CITY OF CLEVELAND LAW DEPARTMENT - Cleveland, OH (2002- present)
Chief Assistant Director of Law. Real Estate & Development Section (2005 - present) - Supervises
a staff of eight attorneys. The section provides counsel to the City's departments of Economic
and Community Development, in addition to the Planning Department. The section negotiates and
drafts complex real estate property transactions and multimillion-dollar development agreements.
These agreements include those that use HUD funds, other Federal, State and local funding, and
may include incentives such as tax increment financing provisions, tax credits and abatements.
Assistant Director of Law. Environment. Health & Safety Section (2002 -2005) - Advised various
city departments on environmental compliance matters. Provided substantive legal advice on
brownfield redevelopment issues to the Departments of Community and Economic Development.
Provided representation to the Division of Fire in its enforcement of the Fire Code, including the
regulation of hazardous substances; the Bureau of Air Pollution Control as the delegated Local Air
Agency charged with state air permitting and enforcement within its jurisdiction.
BECHTEL JACOBS, L.L.C.- Oak Ridge, TN (2000 - 2002)
Counsel - Responsible for all environmental issues related to the environmental management
activities at U.s. Department of Energy's (DOE) Portsmouth, Ohio gaseous diffusion plant.
Represented Bechtel Jacobs' managed facilities on OSHA, CERCLA, Title V, RCRA, NPDES, NEPA
and other environmental matters throughout the Oak Ridge Reservation. Provided legal analysis
on security and classification issues. Held a DOE "Q" clearance.
CITY OF CLEVELAND LAW DEPARTMENT - Cleveland, OH (1999-2000)
Chief Assistant Director of Law. Environment. Health and Reaulatorv Compliance Section -
Supervised and managed the work of four attorneys. Represented the airport, water and electric
utilities, and other city departments on Title V, RCRA, NPDES and other environmental compliance
matters. Provided representation to the Division of Fire in its enforcement of the Fire Code,
including the regulation of hazardous substances, and the Bureau of Air Pollution Control in
issuing state air permits and enforcement of these regulations within its jurisdiction.
OHIO ENVIRONMENTAL PROTECTION AGENCY - Columbus, OH (1997-1999)
Staff Attornev (1998-1999); Enforcement Coordinator (1997-1998) - Acted as the Division of
Emergency & Remedial Response's legal counsel for approximately forty CERCLA related
hazardous waste sites. Prepared and reviewed enforcement documents relating to the discovery,
prioritization, investigation and remediation of these sites. Coordinated inter-program and inter-
agency enforcement activities at sites. Served as liaison between the OEPA and Ohio Attorney
General in support of related litigation and settlement negotiations.
CHASTAIN-SKILLMAN, INC. - lakeland, FL (1994-1996)
Senior Reaulatorv Consultant - Provided regulatory compliance, environmental litigation support
and transactional real estate due diligence consulting to the firm's industrial and legal clients. In
charge of all corporate legal matters. Typical projects included: negotiation of NPDES permit
requirements related to the state's recently delegated industrial waste water discharge permitting
authority and USEPA's storm water discharge permitting authority for a client under Consent
Agreement with the Florida Dept. of Environmental Protection; conducting numerous
environmental site assessments pursuant to the ASTM standard; and, supervising private party
cleanup efforts under CERCLA for NCP consistency.
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Page 2
Raymond A. Rea
GERAGHTY & MIllER, INC. (now ARCADIS) - Denver, CO and Dublin, OH (1990-1993)
General Counsel (1991-1993); Deputy General Counsel (1990-1991) - Responsible for the
supervision of four attorneys, two paralegals and a total staff of nine people and a $1.4 million
annual department budget. Supervised all litigation; negotiated real estate leases for more than
fifty offices; was in charge of all corporate insurance and contractual matters; advised operations
personnel on contract execution and environmental regulations including CERCLA and RCRA
compliance. The firm grossed $134.7 million in 1992.
CITY OF BOYNTON BEACH - Boynton Beach, Fl (1986-1990)
City Attornev - Provided legal representation and advice to the City Council, city boards and city
staff; handled city litigation of code violations and zoning matters, defended all employment and
environmental matters; supervised litigation counsel; negotiated all land development
requirements; represented the city's Community Redeveiopment Agency.
SOLE PRACTITIONER - Palm Beach County, Fl (1982-1986)
Attornev - General litigation practice with specialization in environmental, administrative and
employment law.
SUMMARY OF EXPERIENCE PRIOR TO 1982
Ground Water Geolollist
Employed by governmental agencies and private engineering and environmental consulting firms.
Conducted numerous contamination assessments of ground water and soil contamination
associated with spray irrigation sites, landfills, uranium processing facilities, petroleum storage
tanks and hazardous waste disposal sites. Developed water supplies for new residential
communities and conducted studies related to ground water resource availability.
EDUCATION
. Wayne State University - Detroit, Michigan, B.S. Geology
. University of South Florida - Tampa, Florida, M.s. Geology, emphasis in groundwater
geochemistry
. Nova University - Ft. Lauderdale, Florida, J.D. Law, Class Rank: Top 15% of graduating class
. University of South Florida - Tampa, Florida, MPH candidate, completed one year of graduate
class work (epidemiology, toxicology, health risk assessment, air quality, occupational health)
PROFESSIONAL AFFILIA TIONSI REGISTRA nONS
. Licensed to practice law in the states of Ohio. Inactive status in Florida.
. Registered Professional Geologist, State of Florida
. Adjunct Instructor - Environmental Health Law, Univ. of South Florida, College of Public
Health, Department of Environmental and Occupational Health, 1995-1996
Raymond A. Rea
Page 3
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PROFESSIONAL PUBLICATIONS/PRESENTATIONS
Storm Water Requlatory Update. Presented at the Cleveland Bar Association, November 2004
Environmental Updates & Brownfield Redevelopment CLE, Cleveland, Ohio.
Phase Two Storm Water Requlations. Presented at the Ohio Municipal Attorneys Association, May
2003 Municipal Civil Law Seminar, Cleveland, Ohio.
Clean Ohio Fund and Federal Brownfields Assistance. Panel discussion presented at the Ohio State
Bar Association, April 2003 18th Annual Ohio Environmental Law Seminar, Mount Sterling, Ohio.
Recurrinq Manaqement Drouoht in Florida: Who Foroot the Water in Land-Use Plan nino Law.
Presented at the N.W.W.A. Eastern Regional Conference on Ground Water Management, November
1983, Orlando, Florida.
Drouqht in Florida: Nature's Response to "Comprehensive" Plannino. Florida Bar Journal, April 1983
at p. 266.
Sedimentary Fluorite and Pachnolite from Tampa Bav. Florida. Am. Mineralogist, Vol. 67 at p. 1258,
December, 1982. (with others)
Hazardous Waste Pollution: The Need for a Different Statutory Approach. Environmental Law, Vol.12
at p. 443, 1982.
Federal Environmental Leqislation: Limited Solutions to an Enormous Problem. Presented at the
17th American Water Resources Association Conference on Waste Impact on Water, October 1981,
Atlanta, Georgia.
Discussion of Papers: A Problem Yes - A Disaster No. Ground Water Journal, Vol. 3, No.3, at p.
331, 1981.
Influence of Reoolith Properties on Mioration of Septic Tank Effluent. Ground Water Journal, Vol. 18,
No.2, at p. 118, 1980. (with others)
Evaluation of Gross Alpha and Beta Analvses in Ground Water Quality Control. Presented at the 4th
National Ground Water Quality Symposium, National Water Well Association, September 1978,
Minneapolis, Minnesota. Abstract at Ground Water Journal, Vol. 16, No.5, at p. 363. (with others)
Influence of Reqolith Properties on Mioration of Septic Tank Effluent. Masters Thesis, 92 p., 20 figs.,
1977
Soil Properties and Septic Tank Contaminant Mioration. Florida Scientist, Vol. 40, Sup. 1, 1977.
(with others)
Sedimentary Fluorite Deposits in Tampa Bav, Florida. Florida Scientist, Vol. 39, Sup.1, 1976. (with
others)
The Distribution and Possible Effects of Removal of Sedimentary Contaminants Offshore of
Gardinier, Inc.. in Tampa Bav, Florida. Submitted to the Florida Department of Environmental
Regulation, 94 p., 1976. (with others)
9A
WILLIAM SPILLIAS
THE WATERS CONSULTING GROUP. INC.
800.899.1669 WWW.WATERSCONSULTING.COM
'9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
W1LLlAM SPILLlAS
William A. Spillias
3262 Belle Meade Trail
Tallahassee, FL 32311
Home Phone: 850-210-4358
Business phone: 850-413-4459
Mobile phone: 850-210-4358
Home E-mail: spilliasfam@embarqmail.com
Work Email: will.spilliasiaJ.fldfs.com
CURRENT TITLE AND Chief Attorney
ORGANIZATION NAME Florida Department of Financial Services, Division of
Rehabilitation and Liquidation
Since February 2005
REPORTS TO (TITLE) Division Director
POPULATION SERVED 17 Million + (Residents of the State of Florida)
ST AFFIBUDGET 15-17
Budget of approximately $ 1.3 million
EDUCATION AND LICENSES Juris Doctor
University of Florida College of Law
1991
Bachelor of Arts in Political Science, Minor in History
University of Florida
1987
Member of The Florida Bar
CURRENT SALARY $98,000.00. Florida State Retirement System. Life Insurance
Benefits. Compensatory Time.
1. Please tell us why you are interested in this position and why you are considering
movin!!?
Answer: Although I find my current position with the State of Florida to be intellectually
challenging and exciting, my passion lies in local government law. I have a strong background in
local government, and I have always found it professionally rewarding to provide sound legal
counsel to local elected officials and policymakers on issues that have a direct and positive impact
on the local community and its citizens. I believe that my diverse legal background in all levels of
government (local, state, and the judicial branch), including my strong management experience,
makes me uniquely qualified to serve as County Attorney for Collier County. Furthermore, I am
aware of Collier County's strong reputation for good government, and I bclieve it would be an honor
to serve as County Attorney and to raise my family in this beautiful and dynamic area.
2. Please describe your current scope of responsibilities including staff and budget. What
is the largest number of people that you have managed and the largest operating
bud!!et you have mana!!ed?
Answer: As chief legal counsel for the Division of Rehabilitation and Liquidation, I serve as
WATERS-OLDANI EXECUTIVE RECRUITMENT
PAGE I
200610 THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INFORMATION.
TIllS DOCUME!\"T ORl,""JY PORTIO.!\'S OF1HIS DOCU~fENT IS NOT TO BE REPRODUCED FOR ."'-NY REA..'>ON W'lTHOUTTI-IE WRITT"E'\' CONSR'-'T OFTI-:lE WATI-:RS COl','SULTIl'iG GROUP, INC
\\';\TERS-OIDANT EXECUTIVE RECRUJnm~T IS ,,-\ DIVISION own-IE WATI:flS CONSULTIN(~ GROUP, J:\Jc. 800.899.1669
9A
General Counsel to the approximately fifty insurance companies currently in court-appointed
receivership in the State of Florida. I manage all aspects of the Division's Legal Section, which is
comprised of a Chief Attorney, a Deputy Chief Attorney, six Senior Attorneys, a Junior Attorney
and 7-8 administrative staff members, as well as the Section's corresponding budget of
approximately $1.3 million. I also have management oversight of all aspects of the Receiver's
litigation, including the oversight and supervision of all outside counsel. County/CitY
3. What role do you play with your organization's eleeted officials?
mana!!;ement team? Public? Media?
Answer: In my present position, I report directly to the Division Director. He is the individual
within our Division who meets regularly with Florida's Chief Financial Oflicer. However, during
my three years with the Department of Financial Services I have met with the CFO and the
Department's Chief of Staff and General Counsel to provide legal counsel regarding receivership
matters. In my positions with the City of West Palm Beach and the City of Boca Raton, I regularly
met with and advised city commissioners and mayors. Furthermore, I regularly communicated with
the media when instructed to do so by the respective city managers of each city. As the chief
regulatory attorney for the City of West Palm Beach, and the chief prosecutor for West Palm Beach
and the City of Boca Raton, I was in constant contact with members of the public, neighborhood
associations, citizen activists, and businesses regarding code enforcement and compliance issues,
I police and nuisance abatement issues, zoning and building issues, and regulatory ordinances.
4. Please describe your management style. What percentage of your time do you spend on
mana!!ement vs. involvement in the county/city's cascload?
Answer: I believe in establishing and fostering a collegial environment within a legal office, and
working together as a team. Such an environment will almost always result in high morale and a
corresponding high level of productivity, as well as sound legal counsel to our client. I empower my
attorneys by giving them latitude and ownership over their work product, based upon their level of
expertise and their respective backgrounds, but I strongly believe that, as the leader of an
organization/office, it is imperative for me to accept full responsibility for the work product that
comes out of our office. I am a teanl player, and I work hard to create a team attitude on a daily
basis. In my current position as Chief Attorney, I would estimate that 55% of my time is spent on
management/administrative matters, and 45% of my time is spent on litigation issues and other legal
matters.
5. Please describe the nature/type of cases you have been involved with recently?
Answer: The majority of cases that we are involved with as Receiver are insurance insolvency
proceedings in the Second Judicial Circuit and a wide variety of commercial litigation cases
throughout the state. We are also involved in bankruptcy proceedings when the affiliates of
insurance companies file for bankruptcy. As Chief Attorney, I am involved in all of the litigation
strategy meetings and sessions for all of our estates, and I oversee and manage all of our in-house
attorneys, as well as outside counsel.
6. What kind of feedback have you received from people with whom you work on a daily
basis with re!!;ard to your stren!!;ths?
Answer: I have been given feedback by employees within my section that I am fair and that our
work environment is intellectually stimulating, collegial and pleasant. I have been given feedback
by other sections within our division that our attorneys are providing prompt, sound, well-reasoned
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
WILLIAM SPILLIAS
WATERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 2
200@THISDOCUME."iT15COI')1UGrrTEDANDISCO:"!S!DERFD PROPRiETARY INFORM.I\TlON
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legal counsel, and that projects are n~9ngergettil1g"-lgst in Legal." --
7. What kind of feedbaek have you reeeived from people with whom you work on a daily
basis with regard to_Y~.!Ir_w~a}{I)ess~s~___.____~_____. --
Answer: I have been told by my legal secretary, as well as by the other legal secretaries in our
section, that I have to do a better job of infornling them of those meetings which I place on my own
calendar. --
-_._,.._~~---
f--8. How would others charaeterize your communication style?
Answer: Straightforward, clear, ci viI, dignified, courteous and professional.
9. What experience do have in developing and reviewing . .
you or revlsmg
ordinances/zoning codes and policies relating to development? How familiar are you
with TIF SIDS LIDS as they relate to zoning and code? Have you written any
__ legislation with regard to ordinance/code?
Answer: As one of the city's attorneys assigned to advise the West Palm Beach Planning and
Zoning Department, and as board counsel to the city's Zoning Board of Appeals, I am familiar with
zoning codes, concepts, and policies.
10. What experience do you have in working with Code Enforcement and Complianee?
Answer: As noted in my resume and previous answers in this questionnaire, I have a strong
background in the code enforcement and compliance field. I was the lead, and only, city prosecutor
for the City of Boca Raton during the four years I served as Police Legal Advisor. I prosecuted all
code enforcement cases for the city before the city's Code Enforcement Board and Special Masters.
During these four years, I was the only legal advisor to the city's Police Department and Code
Enforcement Division. I also prosecuted all municipal ordinance violations in County Court.
During my three plus years with the City of West Palm Beach, I was the lead city prosecutor for
code enforcement and compliance cases held before Special Masters, nuisance abatement cases held
before the city's Nuisance Abatement Board, and municipal ordinance violation cases prosecuted in
County Court. I was the primary legal advisor to the city's Police Department and Code
Enforcement Division, and I was also responsible for training and mentoring the other city
prosecutors who handled code enforcement, nuisance abatement, and municipal ordinance violation
cases. I also served as the primary legal advisor to the city's Construction Services Department, as
well as board counsel to the Construction Board of Adjustment and Appeals, where I provided legal
advice to this board regarding the city's building code.
11. Please describe your experience in handling highly visible cases and the nature of the
case. Did you utilize outside counsel? . . _~
Answer: Since my tenure as a Senior Assistant Attorney General, when my caseload included first
degree murder and major drug trafficking cases, I have handled many high visibility and high
pressure cases and matters. As the Police Legal Advisor for the City of Boca Raton, I was
responsible for training sworn law enforcement officers on constitutional issues, particularly Fourth
Amendment search and seizure issues. I also re-drafted the department's high liability policies, and
reviewed all of the department's other policies during the police accreditation process. Furthennore,
many ofthe code enforcement cases in the City of Boca Raton were high visibility. As an Assistant
City Attorney for the City of West Palm Beach, I was the primary legal advisor to the city's high
profile and high visibility departments: the police department, the Construction Services
I Department, and the Code Enforcemcnt Division. I was board counsel to the Construction Board of
COL~IER<1ATY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
W1LLIAM SP1LLIAS
WATERS. OLDANI EXECUTIVE RECRUITMENT
P..\GE 3
2006@THISlJOCU!\.!El\TISCOPYRIGlITED^,'\DIS CONSIDERED PROPRIETARY INFOR.'I,L\TION
TillS DOCl)\IEKTOR_~T)' PORTlO"-:S OFTF-llS DOCU"ffi~T IS )\;OTTO BE REPRODUCED FOR ANY REASON \\"'ITHOUT mE \X'RITTEl\" CO:-..ISTh'TOF THE \\:'A1TRS CONSULTING GROLl', 1-"lC.
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9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAtRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
WILLIAM SPILLIAS
Adjustment and Appeals (CBAA) and the Zoning Board of Appeals (ZBA). I was also the city's
lead regulatory attorney, responsible for the drafting of all regulatory ordinances and presenting
them to the City Commission at public meetings. Furthermore, many of the code enforcement,
nuisance abatement, CBAA and ZBA cases in the City of West Palm Beach were high visibility as
to press coverage and neighborhood interest and participation. West Palm Beach and Boca Raton
are the two most populous, dynamic, highly visible municipalities in Palm Beach County, and they
have the two largest municipal police departments. As Chief Attorney for the Division of
Rehabilitation and Liquidation, I have been involved in highly visible insurance insolvency cases
during the past three years, including the Poe Insurance Companies, which went insolvent in 2006
and affected 330,000 policyholders in Florida on the eve of the 2006 hurricane season. The
Receiver utilizes outside counsel when necessary on its various estates, and as noted previously, I
am manage all of the receiver's litigation and provide oversight of our in-house attorneys and
outside counsel.
12. What type of on-going reporting do you provide to your superiors? What type of
eleetronic case mana!!ement system does your or!!anization currently use?
Answer: I meet with either the Division Director or Assistant Division Director on a daily basis to
discuss and review the numerous legal issues and matters facing the Receiver. I also provide a
monthly Legal Status Report to the Division Director, which is forwarded to the General Counsel,
Chief of Staff and CFO, and which summarizes all of the legal developments in each of the
insurance companies currently in receivership. The Division just recently implemented the FileNet
system.
13. Have you ever developed or conducted a cost allocation formula evaluation? Workload
estimates analvsis? What were the results of these studies?
Answer: No
14. What experience do you have with reeruitment, professional development and training
prol?;ram implementation?
Answer: Together with my Deputy Chief Attorney, I interview all applicants for attorney and
administrative staff positions at the Division. Once a specific hiring recommendation is approved
by our Division Director and the Department's Chief of Staff and the individual joins our team, I
will pair the attorney or the administrative staff member with an experienced member of the Legal
Section so that he or she will be mentored immediately regarding the Division's mission, purpose
and processes. Many of our administrative staff members have been promoted to other positions
within the Division. All new employees of the Division must attend a Department of Financial
Services New Employee Orientation, as well as a Division New Employee Orientation. I also
instituted a Public Records training program for the Division. Furthermore, as an Assistant City
Attorney for the City of West Palm Beach, I regularly trained elected of Ii cia Is, city staffers, and city
board members on Florida's Public Records Act and Sunshine Law, and I trained other Assistant
City Attorneys on prosecuting code enforcement, nuisance abatement, and municipal ordinance
violation cases. While advising the police departments of both the City of West Palm and the City
of Boca Raton, I regularly conducted roll call and in service training of all sworn law enforcement
personnel, command staff, and civilian personnel on a variety of constitutional and statutory issues.
f-L--
15. Are you eurrently, or have you ever been a member of the Florida Bar? If not
currently a member of the Florida Bar, are you able to sit for the bar upon vour
WInERS-OLDANI EXECUTIVE RECRUITMENT
P""GE 4
2006~THIS DOCUM:E~T IS CQl"fRlGHTED AND IS CONSlDER.f.D PROI'IUETARY INFOfu\L\T]()N.
l1J1S DOCUMEl'T OR ."NY PQHT!ONS OF"IHIS DOCUME:-.IT IS ~OTTO BE REPRODUCED FOR A"-T REASON \,:;illIOLTfTHE \VRITfE:\! CO='JSENT OFnIE \VXrEns CO'S!""LTJ'>:G GROllT' INC
\\'ATERS-OLD.-\J',;l FXJ:CUTlVI:: RECRL'IT'\fENTlS.'I. nfV1STON 0I'T1\!: W'ATERSCONSULTINC CROUP, INC 80089<).1669 ., .
COLLIER C0l2ALdRIDA
CANDIDATE QUESTIONNAIRE
EXECUT1VE SEARCH FOR THE COUNTY ATTORNEY
WILLIAM SPILLIAS
r--
appointment to this position? ~_______
Answer: Yes, currently a member of the Florida Bar. _________
16. Please describe any additional areas of expertise or experiences/project involvement
you have/have had that are rclevant to the position for which you are applyinl!;.
Answer: I believe that my strong and diverse government and public service background, in all
levels of government, including my progressive management style, makes me uniquely qualified to
serve as the County Attorney for Collier County. __
WATERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 5
2006@nnSDOCUMENTISCOPl.'RIGH1ED/le"0 IS COl\SIDERED PRCWRIETi\R'r INFOR.\L'tTION.
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M~r;~7';" "
3262 Belle Meade Trail. Tallahassee. FL 323 I]
Phone: (850) 210-4358 . Email: sniJliasfamiakmbarqrnail.com
WILLIAM A. SPILLIAS
PROFESSIONAL EXPERIENCE
2005 - Present
Florida Department of Financial Services
Division of Rehabilitation & Liquidation
Chief Attorney
Tallahassee, Florida
As chief legal counsel for the division, serve as General Counsel to the forty-
eight insurance companies currently in receivership in the State of Florida.
Manage the Division's Legal Section, which is comprised of nine attorneys,
eight administrative staff members, and its corresponding $1,000,000.00+
budget. Manage all aspects of the Receiver's litigation, including the
supervision of all outside legal counsel, and provide legal counsel to the State of
Florida's Chief Financial Officer on receivership matters.
2001- 2005
City of West Palm Beach
Assistant City Attorney
West Palm Beach, Florida
Served as the City's chief regulatory attorney and as chief legal advisor to the
City's Police Department, Fire Department, Construction Services Department
and Code Enforcement Division. Served as legal counsel to the City's Planning
and Zoning Department, Construction Board of Adjustment and Appeals,
Zoning Board of Appeals and Historic Preservation Board. Conducted ongoing
training of elected officials and city staff on Florida's Public Records Act and
Sunshine Law.
1997 - 2001
City of Boca Raton
Police Legal Advisor
Boea Raton, Florida
Served as in-house gencral counsel for the City of Boca Raton Police Services
Department. Managed the Department's Legal Unit. Litigated police forfeiture
actions under the Florida Contraband Forfeiture Act. Conducted regular training
of command staff and sworn and civilian personnel on constitutional issues,
forfeiture law, and statutory changes. Drafted new department policies,
including all high liability policies. Responded to all public records requests
and handled various media inquiries. Drafted and reviewed mutual aid and
inter-local agreements, and acted as department liaison to the United States
Department of Justice, the Florida Attorney General's Office, the Florida
Department of Law Enforcement, the Palm Beach County State Attorney's
Office, and other state and local law enforcement agencies.
9A
1997
Brackett, Sned, Welch, D' Angio, Tucker
& Faraeh, P.A.
Associate
West Palm Beach, Florida
Handled bankruptcy, commercial litigation, construction law, family law and
real estate matters.
1993 - 1996
Florida Attorney General's Office
Senior Assistant Attorney General
West Palm Beaeh, Florida
Prepared appellate briefs, federal and state habeas corpus responses, and various
motions for argument before the Fourth District Court of Appeal, the Florida
Supreme Court, the United States District Court, and the United States Supreme
Court. Responsible for a large and complex caseload, including first and second
degree murder, sexual battery and major drug trafficking cases, and represented
the State of Florida in oral arguments before the Fourth District Court of Appeal.
1991 - 1993
Fourth Distriet Court of Appeal
Judicial Law Clerk (Staff Attorney)
Judges James C. Downey & Larry A. Klein
West Palm Beach, Florida
Prepared appellate briefs, federal and state habeas corpus responses, and various
motions for argument before the Fourth District Court of Appeal, the Florida
Supreme Court, the United States District Court, and the United States Supreme
Court. Responsible for a large and complex caseload, including first and second
degree murder, sexual battery and major drug trafficking cases, and represented
the State of Florida in oral arguments before the Fourth District Court of Appeal.
EDUCATION:
University of Florida College of Law
Gainesville, Florida
Juris Doctor
Florida State University College of Law
Tallahassee, Florida
Visiting Student
University of Florida
Gainesville, Florida
Bachelor of Arts, Political Science
9A
JOHN TURNER
(
~
THE WATERS CONSULTING GROUP. INC.
800.899.1669 WWW.wATERSCONSULTING.COM
i 9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JOHN TURNER
John S. Turner
P. O. Box 92, Fort Myers, FL 33902
Business phone: 239-533-2236
Work Email: turner;s@leegov.com
CURRENT TITLE AND Assistant County Attorney
ORGANIZATION NAME Lee County Attorney's Office
Since 1991
REPORTS TO (TITLE) County Attorney
POPULATION SERVED 600,000
STAFFIBUDGET Staff of 31
Budget of$3.9 million
EDUCATION AND LICENSES Juris Doctor
University of Tulsa School of Law
1972
Bachelor of Science and Business Administration
University of Tulsa
1969
Licensed in Florida and Oklahoma, U.S. District Court Middle
District of Florida, U.S. 11th Circuit Court of Appeals, U.S.
Supreme Court
CURRENT SALARY $128,000.00
1. Please tell us why you are interested in this position and why you are considering
moving?
Answer: Much of my career has been devoted to public service both as a judge and trial attorney for
local government. During such time, I have come to believe certain legal and ethical principlcs are
necessary for the position of county attorney. Too often I have seen sound legal principles
compromised for political expediency to the detrimcnt of the public welfare. It is to apply these
principles to the opportunities and challenges presented that I am interested in this position. As to
the question of moving, doing so in this real estate market would be a headache. However, the up
side is that Collier County is the premier address on the Southwest coast and perhaps all of Florida.
2. Please describe your current scope of responsibilities including staff and budget. What
is the largest number of people that you have managed and the largest operating
budget you have mana!!ed?
Answer: Currently I manage over fifty cases, not specific people or staff. There are two staff
employees that lend their invaluable services - a secretary and paralegal. Our budget
responsibilities relate to each case, or for eminent domain purposes, each project. Purchase orders
and budgets are established for court costs, court reporters, expert witnesses, appellate costs and
travel. The office of the Lee County Attorney currently has 16 attorneys with 15 support staff and a
budget of $3.9 million. Each attorney is consulted when the yearly budget is prepared to obtain his
or her input on cost cutting suggestions and revenue raising. For example, for the current fiscal
WATERS-OLD""NI EXECUTIVE RECRUITMENT
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11l1S DOCC\fENT OR ."'--l'-,'Y POKllONS OF ~HlS DOCUI\1ENT IS NOT 1'0 BE REPRODUCED FOR At'-."'Y REASON \'iiITJlOUT TIlE '\\iRlTTEN COKSENT Of' T1 IE \\iATERS CONSULT]~G GROUP, INC.
W'ATERS-OLDi\."l1 E.."X!;CUTfVE RECHL'lTMf:-:.NT IS ^ DIVISION OJ-' THE W."'-lER.S CONSULTING GROLl>, L~C. 800.1>99.1669
9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JOHN TURNER
year, I have been assigned the workers' compensation cases in an effort to save approximately
$90,000 a year for outside counsel fees, and we have increased our rates for billing for personal
injury and wrongful death cases paid by the third party administrator.
3. What role do you play with your organization's elected officials? County/City
mana!!ement team? Public? Media?
Answer: I interact frequently with the Board of County Commissioners, the County Manager and
his assistants, and county department officials on legal matters and strategy. These meetings include
individual briefings, discussion of cases and settlements in public meetings and litigation expenses
and settlement in executive session. My role with the public is limited by the restrictions imposed
by the Rules of Professional Responsibility. I can only discuss a case with a member of the public if
that person is not represented by an attorney. I do not interact with the media unless directed to do
so by the Board of County Commissioners or the County Attorney.
4. Please describe your management style. What percentage of your time do you spend on
mana!!ement vs. involvement in the county/city's caseload?
Answer: Professional without taking yourself too seriously. Day to day operations I delegate, but
monitor on a weekly basis, or as circumstances require. I set an agenda with definite time tables and
benchmarks and give my staff any support they need. Then, I get out of their way. Ideally, one
should try to lead from the front and expect staff to advise when we are heading toward the cliffs.
As a trial attorney, I don't spend much time on individual management concerns because I manage
cases that involve numerous people, problems and objectives. I make recommendations when
necessary on hiring and firing of staff, and of course, hired and terminated employees while
working in the private sector.
5. Please describe the nature/type of cases you have been involved with recently?
Answer: (I) Defense of breach of contract and substantive due process claims against the Port
Authority on behalf of the prior on demand taxi operators at the Southwest Florida
International Airport in federal court.
(2) Defense of equal protection and interference with business relationship claims by
courtesy vehicle operators who were relocated at the new SWFIA terminal building
in federal court.
(3) Defense of substantive due process, procedural due process, enforcement of
unconstitutional ordinances and building codes under the unsafe building code
provisions caused by demolition of unsafe structure.
(4) Defense of 4 wrongful death claims resulting from automobile accidents at various
locations in Lee County. Defense of over 13 personal injury cases.
(5) Defense of claims for loss of vehicular access and denial of procedural due process
claims resulting from roadway improvement project for Alico Road in federal court.
(6) Defense of violation of substantive due process and The Telecommunications Act
for denial of special exception for construction of a broadcast tower in federal court.
(7) Defense of eminent domain actions for a linear park project which involves
enforcement of a prescriptive easement and acquisition of fee simple interests.
(8) Defense of eminent domain action for roadway improvement projects on Alico
Road, Imperial Road, Bonita Beach Road.
2oo61i)'n-llS DOCU1.fENT IS COP'i'RIGIITED :\.ND IS CONSIDERED PROPRIETARY INFOR.'IlATION.
11115 DOCU~fEl'iT OR AI"Y PORTIONS OFuns DOCUJ\1ENl' IS }.;OTTO BE REPRODUCED fOR .'\N\' REASON W1THOUTTHl;; \VRTlTEK CONSENT Of THE WATER.S CONSUU1NG GROUP INC
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WATERS-OLD"NI EXECUTIVE RECRUITMENT
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'I~- ,
.,
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(9) Defense of Lee County School Impact Fee Ordinance from claims of impainnent
contract and class action proceeding.
._---,.~-_._--_.~"--,.__. -~----------~._----~--
6. What kind of feedback have you reeeived from people with whom you work on a d
basis with reg:Ird to l:our strengths? ---,---_..~----~----
Answer: I am open to feedback but I don't solicit such information. I expect honesty and do
hold grudges. --
f----
7. What kind of feedbaek have you received from people with whom you work on a da
basis with regard to your weaknesses? ...._-
Answer: See response to #6.
---~
8. How would others characterize your communication strle? ___
---..
Answer: Direct, honest, and short with occasional levity.
--. ----.----,.
9. What do have in developing and reviewing . .
expenence you or reVlSl
ordinances/zoning codes and policies relating to development? How familiar are y
with TIP SIDS LIDS as they relate to zoning and code? Have you written a
le2:islation with re2:ard to ordinance/code?
Answer: I have represented Lee County in dealing with independent districts as well as MST
and MSBU's to acquire property for improvement projects through eminent domain. Lee Co
does not support tax increment financing for its CRA's and terminated its eRA's in 2002,
represented Lee County in a claim by its former CRA director in federal court for violation
freedom of speech and gender discrimination when county managers and staff were initiating st
to end the CRA's in Lee County.
10. What experience do you have in workin2: with Code Enforcement and Compliance? .
Answer: I have represented Lee County in various code enforcement matters including ongoi
federal case defending the building inspector's office for alleged constitutional violations
demolition of two structures in which the property owner claimed he did not receive proper notice
the unsafe building condition. Defended the contractors licensing board in a bankruptcy claim
discrimination in revocation of a license. I have foreclosed code enforcement liens on vari
properties for unsafe buildings, special assessments, garbage collection liens, and lot mowi
violations.
11. Please describe your experience in handling highly visible cases and the nature of the
case. Did you utilize outside counsel?
Answer: While serving as assistant county attorney, I have been involved several high profile ca
including probably the highest profile civil case in Lee County's history that we successfu
defended in federal court in 1994. I was hired in 1991 to represent Lee County inhouse in defe
of a claim by a dcveloper against the County for its failure to take his property during a roadw
improvement project adjacent to the Southwest Florida International Airport. The develo
claimed in his $24 million law suit that the County intentionally discriminated against him
violated his civil rights when it relocated the road alignment away from his property and he cou
therefore, not develop the property the way he intended. Lee County claimed that his claim
frivolous and was simply an attempt to extort money based upon the developer's close relations
with members of the Board of County Commissioners. The case was handled by 7 different fede
judges and was tried in federal court and dismissed after the plaintiff rested. I pursued a claim
COI.L1ER COUNTY, FLORlDA
CANDlDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR TIlE COUNTY ATTORNEY
.JOHN TURNER
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W",TERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 3
2006@TInSDOCUl'vffiNTIscor'r'1UCI-ITEOAKOIS CONSIDERED PROI'IUETARY INFOR1>LA.TIO"!.
nns DOCUMENT OR i\NY PORTIONS OF n-ns DOCUMENT IS NOT TO BE REPRODUCED FOR ANY REASON \VITHOUT lHE \'i1UTI'EN CO-""SB-:T OF THE \,,_,\'j'ERS COl':SULTll\G GROUP LNC
\'(.'.'\TERS-OLDA."lI EXECUTIVE RECRU1TrvlG'\'f IS.'\ DIVISIOK Of THE WATEKS CO'!SULTl:>JC GROUP, l:'-;C. 800.1:;99.1(,(,9 '
COLLIER <iA:)!_:IdA
CANDIDATE QUESTIONNAIRE
EXECUTfVE SEARCH FOR THE COUNTY ATTORNEY
JOHN TURNER
attorney's fees and costs against the developer and successfully obtained collection of over
$300,000. Outside counsel was initially retained because of the conflict that existed with the office
but the case was handled primarily inhouse with another assistant county attorney. Currently we are
handling inhouse the claims by disgruntled on demand taxi operators and courtesy car operators
whose businesses had to be relocated because of safety and security concerns at the new terminal
building at Southwest Florida International Airport. I recently handled inhouse the defense by the
City of Sanibel in its efforts to prevent construction of the new causcway and bridges. The basis of
the claim made by the City of Sanibel was that it had a right under an interlocal agreement with Lee
County to prevent construction of the new causeway. The claim for breach of contract was
dismissed by the trial court and the case was eventually settled. I defended inhouse the claim by a
telecommunications company that Lee County violated its due process rights in handling its claim
for special exception for construction of a 1,250 ft. tower in south Lee County. I also handled
inhouse the claim by a large construction company that its access to Alico Road was substantially
diminished and its due process civil rights were violated when the road construction plans were
changed without its approval to eliminate a center median cut adjacent to its property. Lee County
. successfully defended the property owner's attempts to obtain injunctions in state and federal court
and eventually resolved all claims. Lee County is defending claims that its School Impact Fee
Ordinance is unconstitutional. This case is being assisted by outside counsel.
12. What type of on-going reporting do you provide to your superiors? What type of
electronic case mana ement s stem does our or anization currentl use?
Answer: We submit caseload activities and accomplishments on a monthly and quarterly basis. All
information is maintained on office computers and furnished to the Board of County Commissioners
and department officials. We maintain daily work logs on the system.
13. Have you ever developed or conducted a cost allocation formula evaluation? Workload
estimates anal sis? What were the results of these studies?
Answer: Lee County attorney's office developed its cost allocation evaluation as well as workload
estimates analysis for each attorney and each of its cases or projects. We submit a yearly cost
allocation evaluation for each department we represent. This information is used to allocate
workload and new case assignments as well as furnished to the Board of County Commissioners and
department head officials whose actions we are handling to keep them advised as to the progress of
these cases.
14. What experience do you have with recruitment, professional development and training
ro ram im lementation?
----
Answer: Recruitment is on an as-needed basis and each section in the county attorney's office
handles its own recruitment needs. Professional development and training programs are based upon
levcl of experience and board certifications. _______
15. Are you currently, or have you ever been a member of the Florida Bar? If not
currently a member of the Florida Bar, are you able to sit for the bar upon your
a ointment to this osition'?
Answer: I have been a member of the Florida Bar since 1990 and certified in the area of City,
County and Local Government law since 1997. .__~___
16. Please describe any additional areas of expertise or experiences/project involvement
~--.1ou have/have had that are relevant to thl!jlosition for whieh you are applyin~.
W."TERS.OLD"NI EXECUTIVE RECRUITMENT
PI,GE 4
2006'.(;'1 TI-US DOCUME."lT lS COPYIUGillED Al"'D IS CONSIDERED PROPRlETAKY INfORMATION.
1]115 DOClJW-'.r\T OR i,NY POR110:>.!S OFTI-llS DOClThIENT IS NOTTO J>E REPRODUCED FORAl"Y RE./\SON WllHOUT1HE \X'RITTE."< CONSENT OFTHE W;\TERS CONSULTING GROUI', INC
\V"\TERS-OLDANI EXECUTIVE RECRUITMENT IS A OlVISION OF THE WATERS CONSULTING GROUP, INe 800.R99.1G69
9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
JOHN TURNER
Answer: I have also advised and represented Lee County in numerous public records claims and
allegations of sunshine law violations and handled environmental concerns in connection with
growth issues. As to more technical areas of governmental practice, if I don't know the answer, I
know who to call. _____________-----.----J
WATERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 5
200611' THIS DOCUMENT IS COPl.'RlGHTED AND IS CO\!SlDERF.D PROPRIETI\RY INFOHM,'\TION
TIns DOClJl\lFNT OR ,,,"-NY PORTIONS OF'n-lTS DOCL\.(ENTIS NOT TO BE REPRODUC.ED FOR A}..''," REASON WITHOLrr 'I'HF. \:'/RJ1TEN COhJSThi OF THE \1;'ATERS COKSULTING GROl;P INe
W,'\TF.R.'S-OLD_"'''!I E':\I2CUTfVE RECRUITi\fENT IS ADI\'lSlO"l Or-THE \VATERS CO;,;SIjLTl:-lG GllOUP, TNe 800_8<)<)_](,(,<) .. .. ..
.~. '9A
JOHN S. TURNER, ESQ.
Lee County Attorney's Office
2115 Second Street
P.O. Box 398
Fort Mycrs, FL 33902-0398
(239) 533-2236
PROFESSIONAL EMPLOYMENT
ASSISTANT COUNTY ATTORNEY - Lee County Attorney's Office, Trial Section, Fort Myers,
Florida.
Responsible for trial and appeal of federal and state claims involving eminent domain, inverse
condemnation/due process land takings, employment law, contract/commercial litigation, Florida
Public Records and Open Meetings Acts, constitutional law, environmental, zoning and land use
issues. Attend Board of County Commission mectings, advise Board and staff members on pending
litigation, ordinances, land use and comprehensive plan challenges. (1991 - present).
ATTORNEY - Associated with the Firm of Guthcry & Smith, 2502 East 21 st, Tulsa, Oklahoma.
Emphasis in the area of civil and business litigation. (1989 - 1991).
ATTORNEY - Partner in law firm of Martin & Turner, 1023 West 23rd Street, Tulsa, Oklahoma.
Practice consisted of civil and criminal litigation, real estate (purchase contracts, title opinions,
development and zoning), oil and gas (title opinions, drilling and division order opinions, farm-out
agreements, gas contracts), and franchising. (1984 - 1989).
JUDGE OF THE MUNICIPAL COURT - City of Tulsa, Oklahoma (population of 500,000).
A state court of record that processed misdemeanor and traffic cases with three full time judges.
Responsible for supervising staff and issuing written opinions on questions of criminal law and
application of State Statutes to City Ordinances. Presided over more than I 00 jury trials. Completed
the Special Court Jurisdiction Scssion conducted by the National Judicial College at the University
of Nevada in Reno. Served as one of three delegates from Oklahoma to the American Bar
Association, Special Courts Section. Membership in the Oklahoma Municipal Court Judges
Association. (Alternate Judge: 1977 -1980; full time capacity: 1980 -1984).
ATTORNEY - Firm of Malloy, Thompson, Malloy, Turner & Athens.
Concentrated in the areas of business corporate law, franchising law for several major franchising
companies, rcal estate commercial law, oil & gas law for local independent oil companies, and
litigation (1976 - 1980).
l> 9A
,
JOHN S. TURNER, ESQUIRE
Page 2
ASSOCIATE AlTORNEY - Firm ofRoscnstein, Fist & Ringold, Tulsa, Oklahoma
General civil practice oflaw. Also served as this firm's legal intern while attending law school.
(1972 - 1976).
REPRESENTATIVE TRANSACTIONS
LITIGATION - Relevant trial and appellate experience includes "first chair" injury and non-jury
trials and appeals in federal and state courts involving eminent domain and inverse condemnation
actions, defense of federal due process and equal protection claims, employment discrimination
claims for age, disability, race, and sexual harassmeut, defense of personal injury and wrongful death
claims, defense of workers' compensation and liability, special assessments cases, land use and
development law issues including consistency challenges, zoning, and building code cases, and
defense of public records and sunshine law violations. Specific examples of recent litigation matters
that demonstrate the applicant's significant experience in civil law and the experience necessary for
the position of County Attorney are:
Applicant was recently assigned all workers' compensation and litigation cases to
reduce costs for outside counsel. (Current)
. Currently litigating 17 personal injury and wrongful death cases in state courts.
. Assisting in defense of the school impact fee ordinance adopted by the Board of
County Commissioners including appeal to Second District Court of Appeal.
(Current)
. Defending claims by taxicab operators and courtesy vehicle companies against the
Port Authority for breach of contract, substantive due process, and equal protection
claims in federal court. (Current)
Defending claims by property owners for illegal dcstruction of property from
application of unconstitutional ordinance and in violation of due process in federal
court. (Current)
. Dcfending water service franchise agreement in action by municipality concerning
coverage and terms including appeal to Second District Court of Appeal. (Current)
Defense of ADA claims for lack of accommodations in 11 public parks and buildings
in federal eourt.
9A
~'!!~
~~
JOHN S. TURNER, ESQUIRE
Page 3
. Successfully defended invcrse condemnation claim in road construction project for
taking of access, injunctive relief, and denial of due process in federal and state
courts. (2005-2006)
Successfully defended breach of contract and injunctive relief claims by municipality
to prevent construction of ncw bridges and causeway in state court. (2006)
. Prosecution of an abandonment proceeding before the Surface Transportation Board,
Washington, D.C., against local railroad in an effort to save construction costs on a
crossing system. (2006)
Successfully defended two claims for over $16 million by a tclecommunications
company for violation of The Telecommunications Act, substantive and procedural
due process violations in federal court and on appeal to 11th Circuit Court of Appeals.
(2002-2004)
. Successfully tried eminent domain action for property necessary for expansion of
Southwest Florida International Airport. Property owner demanded $1 million for
subject property and jury awarded $240,000.00. (2002-2003)
. Successfully defended in United States Middle District Court, two claims of
retaliation involving a hostile work environment against the County Manager. Tried
the third claim for retaliation for exerci sing frce spcech rights which resulted in a
mistrial. Total claim by Plaintiff was $350,000.00. Thc case was settled by thc
Board of County Commissioners after meeting in executive session and prior to rc-
trial. (2000-2002)
Successfullytricd and defended an age discrimination claim in United States Middle
District Court wherein the Plaintiff claimed damages of $600,000.00. (1996-1997)
. Successfully tried and defcnded a medical disability claim under the ADA in the
United Statcs Middle District Court wherein the Plaintiff claimed damages of
$400,000.00. (1996-1997)
. After initiating litigation against the consultant and designers of the supporting
structure for a 16" waterline installed under the Edison Bridge, obtained a $95,000.00
settlement from Florida Department of Transportation and consulting engineers for
faulty design and fabrication. (1999)
! 9 Adtf
JOHN S. TURNER, ESQUIRE
Page 4
. Assisted in trial and successful dcfense of a race discrimination claim in the Unitcd
States Middle District Court wherein the Plaintiff claimed damages of$400,000.00.
(1995-1996)
. Successfully defended in Circuit Court and on appeal to Second District Court of
Appeal a challenge to the Lee County Charter which was adoptcd in 1996 on the
basis of improper notice, ambiguity of ballot question and alteration of ballot.
. Assistcd in trial and successful defense of $28 million inverse condemnation/civil
rights claim in the Middle District Federal Court and on appeal to the II th Circuit
Court of Appeals. Subsequently was successful in obtaining a judgment for
attorncy's fees and costs and collecting $320,000.00 for the client. (1991-1995)
Successfully tried inverse condemnation claims and eminent domain cascs for
roadway and utility projects involving millions of dollars in valuations. Have
successfully defended claims by property owners for denial of access, severance
damages, and business damages.
. Local projects include right-of-way acquisitions for Daniels Parkway, Alico Road,
Gladiolus Road, Old 41 Bonita Springs, Bonita Beach Road, Livingston Road,
Winklcr Road, Bayshore & Coon Roads; land acquisition for expansion of the
Southwest Florida International Ai'l)Ort; and utility projects for the Iona-McGregor
Sewer District, Six Mile Water Main, Edison/Fowler Water Main, and Ten Mile
Linear Park.
Conducted dispute rcsolution negotiations pursuant to Chp. 164, Florida Statutes
with other governmental entities.
Participated in private meetings with the Board of County Commissioners to discuss
pending litigation pursuant to Chp. 286, Florida Statutes.
Conducted numerous civil trial mediation conferences.
. Have defended numerous challenges to the Lee County Comprehensive Plan and
Land Development Code on appeal to the Circuit Court as well as Second District
Court of Appeal, State of Florida.
In addition to trial activities, have argucd over 20 appellate cases in Federal and State courts.
LOCAL GOVERNMENT - Advise Board of County Commissioners and staff on government-in-
the-sunshine issues and public records requirements; handle compliance challenges to
9A
JOHN S. TURNER, ESQUIRE
Page 5
comprehensive plan; assist when requested on special assessment issues and bankruptcy matters that
involve county government; advise staff on litigation issues in local government finance and tax
matters; advise and defend claims to proposed county charter; and appear before Board of County
Commissioners on matters assigned and recommend appropriate action. Work closely with staff and
experts on real estate appraisals, environmcntal issucs, land planners, certified public accountants
for business damage claims, and engineers.
REAL ESTATE - Examined an untold number of abstracts for buyers and lending institutions,
handled closings on residential and commercial properties, prepared numerous commercial leases
including four in the U.S. Virgin Islands for clients investing in the Caribbean, and mortgage
foreclosure actions.
BUSINESS AND CORPORATE - Acted as corporate counsel for businesses and have prepared
numerous incorporation documents, bylaws, minutes, buy-sell agreements, mergers, stock option
plans, pension plans, and advised clients on securities and tax laws.
FRANCHISING - Established rcstaurant franchising concept and plan which developed 30 stores
throughout the country including Hawaii. Represented major restaurant franchisee with over 200
stores; negotiated major revisions in national franchise agreement. Represented franchisees in
cstablishing operations in the Midwest and U.S. Virgin Islands.
EDUCA nON
LEGAL
Juris Doctor degree, 1972, the University of Tulsa College of Law, Tulsa, Oklahoma. Graduated in
upper 10% of class.
UNDERGRADUATE
B.S. in Business Administration, 1969, University of Tulsa, Tulsa, Oklahoma. Transferred in 1967
from the University of Arkansas, Fayetteville, Arkansas.
DESIGNA nONS/MEMBERSHIPS
Certified by The Florida Bar in City, County and Local Government Law
A V rating by Martindalc-Hubbell
Oklahoma Bar Association (1972)
I
'.
Florida Bar Association (1990)
9A
JOHN S. TURNER, ESQUIRE
Page 6
. Calusa Inn of Court - Barrister
Lee County Bar Association (Chairman of Long Range Planning Committee)
. U.S. Supreme Court
. Eleventh Circuit Court of Appeals
Tenth Circuit Court of Appeals
. United States District Court for the Northern District of Oklahoma and Middle
District of Florida.
9A
RODNEY WADE
(
THE WATERS CONSULTING GROUP. INC.
800.899.1669 WWW.WATERSCONSULTING.COM
COLLIER C~, Fld
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
RODNEY WADE
Rodnev C. Wade
2520 Bordeaux Way
Home phone: 813-949-5795
Business phone: 941-745-3750
Mobile phone: 813-310-4812
Home E-mail: rcwade56472@aol.com
CURRENT TITLE AND Assistant County Attorney
ORGANIZATION NAME Manatee County, Florida
REPORTS TO (TITLE) County Attorney
POPULATION SERVED 500,000
STAFFIBUDGET Staff of I ,300
Budget of $ 90 million
EDUCATION AND LICENSES Juris Doctor
University of Arkansas School of Law
1973
Bachelor of Science in Biology
Northeast Louisiana University
1969
City, County, Local Government Certification, Florida Bar
2005
Active in Florida Bar
Missouri Bar
Arkansas Bar
CURRENT SALARY $105,000
Vacation buy-back, paid health insurance, large life insurance
package, disability insurance, cell phone allowance, free health
& fitness club, comprehensive wellness program
1. Please tell us why you are interested in this position and why you are considering
moviDj!,?
Answer: career advancement; previously employed with Collier County and I enjoyed living there
2. Please describe your current seope of responsibilities including staff and budget. What
is the largest number of people that you have managed and the largest operating
budget you have managed?
Answer: Currently I supervise one staff member and numerous outside consultants. I make $3
million expenditure recommendations to the Board of County Commissioners. I have previously
supervised 3-5 staff. Typically the budget is part of the overall Legal Department's budget.
3. What role do you play with your organization's elected officials? County/City
mana!!ement team? Public? Media?
Answer: Provide legal counsel to Board of County Commissioners. I deal with the public regarding
sensitive legal issues ofthe county. I provide information and interviews with the press.
WATERS-OLDL,NI EXECUTIVE RECRUITMENT
PAGE 1
2006<0 TIIIS DOCUl\1ENT IS COP'{RlGI-UED A!,-'D lS CONSIDERED PROPRIETARY IJ'..:FOfu"\iATION.
n-ns DOCU\1E:-::T OR "'NY PORTIONS OF TI-IlS DOCU!v1ENT IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE ~'RrrrnN CONSENT OF TI fE WA TER.S CONSULTLNG GROUP, lNC
\,!A-1ERS-OLD.Al'\'j E..'(ECUlTVE RECRUTT\W:--<T JS A DIVISION OF THE WAIERS CONSULTl"C GROl~P, INC flOO.fl99.1669
'g~
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
RODNEY WADE
\ l ~ ~
"
4. Please describe your managemcnt style. What percentage of your time do you spend on
management vs. involvement in thc couIl1:y/eity's caseload?
Answer: I have a collaborative management style and have the ability to make independent
decisions when needed. 20% management, 80% in the_countts caseload
5. Please describe the nature/typc of cases you have been involved with recently?
Answer: Litigation involving real estate, eminent domain, land use, and environmental law.
6. What kind of feedback have you received from people with whom you work on a daily
basis with re!!ard to vour stren!!ths?
-
Answer: Legal knowledge, ability and trial practice skills, excellent verbal and written
communicator, consensus builder, maintain composure in crisis and conflict situations, problem-
solver --
7. What kind of feedback have you received from people with whom you work on a daily
basis with re!!ard to your weaknesses?
Answer: High standards (perfectionist) for the work product and outcome.
8. How would others characterize vour communication style?
Answer: Good listener, consider the views of others, open and informal, friendly
9. What experience do have developing and reviewing . .
you m or revIsmg
ordinances/zoning codes and policies relating to development? How familiar are you
with TIP SIDS LIDS as they relate to zoning and code? Have you written any
le!!:islation with re!!:ard to ordinance/code?
Answer: In my experience Collier County, Florida Department of Transportation and Manatee
County I have had extensive experience in the issues listed in item 10. I have written land
development code sections related to the Manatee County Comprehensive Plan.
10. What experience do you have in working with Code Enforcement and Complianee?
Answer: I have collected over $300,000 in Code Enforcementleans. --
II. Please describe your experience in handling highly visible cases and the nature of the
case. Did vou utilize outside counsel?
Answer: Principal attorney in handling Ware's Creek Project implementation. This is a highly
visible US Corps of Engineers flood control project. I have not needed the assistance of outside
counsel in this case. I have used outside counsel in such cases as the S7'h Avenue Right of Way
Expansion Project, 63rd Avenue Right of Way Expansion Project, and the Moccasin Wallow Road
Widening Project. These were all highly visible projects.
12. What type of on-going reporting do you provide to your superiors? What type of
electronic case mana!!ement system does your organization currently use?
Answer: Weekly staff meetings, submission of time sheets
Manatee County maintains case data using a Microsoft Word file format and Excel spreadsheets on
a shared servcr.
13. Have you ever developed or conducted a cost allocation formula evaluation? Workload
estimates analysis? What were the results of these studies?
Answer: I have managed the development of cost allocation and work load estimate analysis of
road proj ects. These proj ects were completed within budget.
14. What experience do you have with recruitment, professional development and training
DrO!!ram implementation?
WATERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 2
20060 TJ-i1.S DOCUlvlEKT IS COPYRIGHTED AND IS C:ONSIDERED PROPRlE'L"'-RY INf-'ORMATlON_
nils DOCC:\ffiKT OR .'\J'.,l'PORTIO:--lS OI'THIS DOCUMENT IS NOT TO RE REPRODUCED FORA..'IY REASON \'{']THOUT TIm \\'RJ1TS"J CONSE'lT OF THE WAlERS CO;\lSVLTINC GROllP INC.
~'/\11~RS-OL[)^:'-I1 EXECUTIVE RECRUlTME.."iT IS A DIVISION orTIIE \X'ATERS co~sur..:nNG GROUP, me. BOO_89?166? '
9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
RODNEY WADE
-
Answer: I recruit outside counsel. In my work with the FDIC I was a member of professional
development training teams that developed the content and format of the FDIC national bank
examiner trainings. Recently, I have provided professional development to the Eminent Domain
~Committee, Florida Bar and the Florida Association ofEmi~lent Q~main Professional~______
]5. Are you currently, or have you ever been a member of the Florida Bar? If not
currently a member of the Florida Bar, are you able to sit for the bar upon your
appointment to this position?
Answer: I am a member of the Florida Bar.
-----
16, Please describe any additional areas of expertise or experiences/project involvement
----:-----'you havelhave had that are relevant to the position for which you are applying.
Answer: City, County, and Local Government Certification, Florida Bar Association
I successfully litigated elements of the Collier County Comprehensive Plan against the Florida
Department of Community Affairs in an Administrative Hearing. I successfully litigated a case
against CSX Railroad for Manatee County regarding the opening of a new railway crossing.
W"\TERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 3
2006@THIS DOCUMENT IS COPYRIGHTED AND IS CONSIDERED PROPRIETARY INPOro.lATION
TIllS DOCUMENT OR ."'-NY POR-nONS OF HilS DOCUMENT IS NOT TO BE REPRODUCED FOR i,NY RE!\SON W'ITHOliT THE \'{'RITTEN CONSENT OfiTHE \\'l\Tf:o:HS CO:-.lSULTING GROUP INC
\V/\TFTlS-OLDf\NI EXFCUTIVE RECRUITi\IE'NT IS A DIVISION OF THE \,li-'ATFHS CONSULTING GROUl\ INC 800899_1669 '
. 9 A
I'i'
RODNEY CARLTON WADE, ESQUIRE
2520 Bordeaux Way
Lutz, FL. 33559
Home:! 813) 949-5795
Office:! 94]) 745-3750
SUMMARY OF QUALIF1CATIONS
Board Certified Attomey in City, COWIty and Local Govenlmcllt Law v..ith over 25 years of experience in private and
goverrnnent setting including recent experience in eminent domam, construction litigation, land use, environmental regulation,
administrative hearings, mediation, rq,'1t1atOlY compliance, collections, banluuptcy and real estate transactions. Plus managerial
and out.<;ide counsel management experience.
PROFESSIONAL EXPERIENCE
Assistant COunly Attorney
Manatee Countv Attomev's QUice. Bradcllton. FL. 2002 to Present
Provides litigation and advisory services to the T'ransportatioll and Project Management Departments in eminent domain,
inverse condemnation, COIlstlUctiolllitigatioll, real estate law, acquisition, environmental, and land use law; Involves preparatIon
and participation as principal attOTIlcy in complex jury trials and administrative proceedings, including preparation of pleadings,
briefs and pctitions, OT hearings, settlemcnt ncgotiations, mediation, jmy and non-jury trials, and other post trial matters;
Requires subst.Ultial knowledge and expericnce in eminent domain, construction law, trial practice, land use, environmental
and real estate Jaw, as \vell as coordinating ;md managing activities of expert ,vitnesses; Entails maintaining an individual case
load and developing case theories from initial pleadings stage through post trial supplement;uy proceedings.
Senior Trial Attorney
Honda Department ofTransnortation. Officc of General Counsel. Bartow. Florida. 1998 to Present
Represent.;; the Departmcnt in eminent domain, environmental and tr<lllsporlation litigation involving complex jury trials and
administrative procecdings; includes pre-suit preparation, petition filings, order of l.:uung hearings, settlement
negotiations/mediation, jury trials and other post-trial matters. Requires substantial legal knowledge and experience in eminent
domain, trial practice, land usc, envTI-Olmlental and rcal cstate, plus, coordinating and overseeing expcrts necessary for
successful representation of District One. Govemment Contract Oversight AttOTIley: Responsible Jor review and legal approval
of lllulti-million dollar contrdcts under state and federal f-,>1lidelines. Member, SupCrViSOI)i Committee District 1 & 7 DOT
Credit Union
AssistanI COunly Attorney
Collier County Attomey's Office. NaDles. FL, 1997 to 1998
Provided legal advice and opinions to the Board of County Commissioners, Elected Constitutional Officers and County
Departments; managed and supervised activities of other stafT attOTIleys, leg-al assistants, administrative and clerical staff;
represented the COWlty in civil litigation and administrative hearings involving tOIt claims, negligence, personal injw)', civil
rights, contracts, employment and personnel matters, zoning and land use, eminent domain and bankruptcy; maintained an
individual cascload and developed ca.'.;e theOlies from tlle initial pleadings stage through trial.
Senior Attorney, Litigation
Federal Deposit Insurance Corporation (FDIC) and Resolution Trust Coruoration (RT'C) I..el...>aI Division.l990 to 1997
Atl~111la OHice, Litigation SectioIJ,]une, 1994 to August, 1997
OIlando Office, Lit.igation SectioI1, 1992 to May, 1994
Tampa Ollice, RTe, Professional Liability Section, 1990 ro 1992
Trial counsel in all phases of litigation of complex cases in state and federal cowt. Supervised activities of outside counsel in
litigation, commercial transactions and real estate matters. Reviewed outside cOlUlsel fee bills. Assisted in investigating
complaints. Prepared leg-al opinions concerning litig-dtion options including decisional analysis. Prepared pleading and cascs for
trial by intervic\ving witIlesses for examination. Participated in prcuial conferences; examined and cross-examined ""itnesses;
drafted legal docwnents needed during the various stages of litigation. Coordinated state and federal :implementation and
exccution of compliance monitoring and enforcement of low income oecup;UlCY requirements of properties sold under the
RTC and FDIC Affordable Housing Disposition Program. FDIC Criminal Coordinator: Coordinated criminal enforcement
matters \vith thc Department of Justice and State Attorneys.
Tampa RTC: Managed the invcstif,'":ltion and prosecution of multi-million dollar professional liability claims. Developed case
strcllcgies; issued administrative subpoenas; and participated in settlement. Analyzed and evaluated fmancial institution and
cOIporate management, operations, policies, procedures regulatory compliancc, and accowlting , lending, investing and
general business practices. litigated and managed complex civil litigation involving insurance claims, professional negligence,
commercial and real estate transactions ,,,itll total recoverics exceeding twenty-lour million dollars.
9A
,*I
Chief Criminal EnforcemenI Attorney, Banking, Securities Regulation & EnforcemenI
Florida DCDartmcnt of Bankiw! and Finance. 1985-1990
SupcfVIsed and directed 4 alLtmlcys, 11 investigators and 7 clerical staif involving civil and criminal enforcement and regulatory
actions for the State of FlOlida, Office of Comptroller. Lead atlonlcy in complex civillitigatioll in State and Federal Courts
involving banking, securities and commodities. Special Assistant Slate AttoITlcy ill the r~:ol1omic Climes Division, 17th
Judicial Circuit, Browanl County, Florida. Developed and managed investigations and litigation of civil and crimillal {iaud
committed on financial institutions or all securities or commodity investors. Conducted criminal prosecutions of fmancial
crimes. Mediated and negotiated case settlements and criminal plea agreements.
Attorney, Estate and Gift Tax
U.S. Internal Revenue Service. 1976.1985
St. Low"s DistJict (Promotion, Acting Supen1"sor): Little Rock Disuict
Supervised financial investigations and audit examinations of multi-million dollar Federal Estate, Gift, and Fiduciary Income
Tax RetunlS. Issued SwnmOIlS for information from third pa1ties a11d conductcd discovery. Prepared reports of examination.
Presented examination lindings to taxpayer representatives and negotiated proposed audit clla11ges. Applied Federal and State
Laws and Regulations illdudingthe U.S. Internal Revenue Code, U.S. Banknlptcy Code and U.S. Code of Federal
Regulations. Prepared and presented contested cascs through various levels of admmistrative appcal and before U.S. Courts.
Prepa1"ed pleadillgs, brief", vvitness, and records. Required independent m,mageIncnt of case load and frcquent travel.
Attorney, Real Estate
U.S. Annv ConJs of Encineers. Memuhis District. 1976
Prepared pleadings and conducted civillitig-d.tion involving condemnation, inverse condemnation, and other real estate matters.
Prepared documents for acquisition a11d disposition of easements, leases, licenses, improvements and timber rights;
conducted title searches. Wrote reports a11d briefs on the law. Prepared, reviewed and negotiated real estate contracts,
at,'Teements and other legal instruments.
Eubanks, Files & Hurley, P A.
Private Practice. Little Rock, Arkansas. 1972.1976
Specialized in personal injury and other tOlt litigation: Experiencc includes bench and jury trials in State COUlt, Federal Court
and Administrative Hearings. Cases included subsGmtial medical malpractice, personal injury, products liability, civil rights
litigation, employment contract liti,$,ratioll, securities fraud and ERISA trial work. Other Ilial experience includes criminal
defense matters. Prepared a11d preseuted appcals. cfransactioual expclience includes incorporation of several business
venturcs, drafting corporate buyout 3f,'Tccmcnts, management, liulitcd paIincrship agrcements a11d other business agreemcnts.
Drafted \'vills and uusts.
EDUCATION
T. D.. University of Arkansas School of Law, Fayetteville, Arkansas, 1972. Special Projects include \Vaternla11 Case Club-
Appellate Argument, Texarkana Federal Prison Project.
B.S. Northeast Louisiana University, Monroe, Louisiana, 1969. Major: Biology, Alpha Epsilon Delta Honor Society.
Continuing Education: National Institute for 'IIial A_dvocacy: Trial advocacy Skills. ~Federal Deposit Insrlrance COlporation:
Litigation Risk Analysis Seminar, Mediation Training, Advanced Negotiations, Florida Mortgage Law Seminar, Bank
Examination School. Graduate, }lational College of[)ist.rict Attonleys: School of Advocacy. Securities emd Exch;mge
Commission: Enforcement Training. COlwnodity Fulures Trading Corrunissiol1: Enforcement Training. Intenlal Revenue
Service: Income 'Taxation of Busincss Entities, Income Taxation of Est.1.tes and T'nlstS, On- .T ob- Training InstJuctor Program,
Supervisory 'rraining, Valuation of Property a1ld Closely Held Businesses, Ill(~()me Tax Ln.vand Procedures, Est.1.te Tax Law.
Saint Louis Community College: FUla11Cial Accounting.
PROFESSIONAL LICENSES
LceIlsure SL'lte Bar: Florida, Arkansas, Missouri; Federal District Courts: Soulhenl (Trial Bar) & Middle District Florida;
Arkansas; U.S. Circuit Court of Appeals, 'TIurd Circuit; Board Certification in City, COWIty and Local Government Law
r, A
'1
'~I
DAVID WEIGEL
THE WATERS CONSULTING GROUP. INC.
800.899.1669 WWW.WATERSCONSULTING.COM
~ '9 A
d~
1'~
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
DA VlD WEIGEL
David C. Weil!:el
3301 East Tamiami Trail, Naples, Florida 34112
Business phone: (239) 252-8400
Work Email: davidweigelia\colliergov.net
CURRENT TITLE AND County Attorney
ORGANIZATION NAME Collier County Government / Board of County Commissioners
of Collier County, Florida
Since 1995
REPORTS TO (TITLE) Board of County Commissioners of Collier County, Florida
POPULATION SERVED 314,649 (U.S. Census Bureau - 2006 estimate) (this # does not
include winter residents)
STAFF/BUDGET Staff of34 FTEs
Budget of $3,242,000 (total - includes personnel, operating,
capital and outside counsel)
EDUCATION AND LICENSES Juris Doctor (1973)
Tulane University School of Law, New Orleans, Louisiana
B.A. Degree in Political Science / Spanish Minor (1970)
Wabash College, Crawfordsville, Indiana
. Admitted to practice law
0 Florida Bar - 1983
0 Indiana Bar - 1975
. Admitted to practice before
0 Supreme Court of the United States
0 Supreme Court ofthe State of Florida
0 Supreme Court of the State ofIndiana
0 U.S. District Court for the Middle District of
Florida
0 United States District Court for the Southern
District of Indiana
0 United States Court of Appeals for the Seventh
Circuit
CURRENT SALARY $203,178 - contract also includes automobile and cellular phone
allowance of $400 per month; premium payments for insurance
policies for life, accident, disability income benefits, major
medical, and dental and dependent's coverage group insurance
paid by employer; tenn life insurance at a level of 3 times
employee's base salary; disability insurance income benefits at
WATERS-OLD",NI EXECUTIVE RECRUITMENT
PAGE 1
2006@THISDOCU!\ilENT1$COl'YlUGHTED."'-:"lD IS CONSIDERED PROPRIETARY INFOfuVG\TiO)\".
THIS DOCLMENT OR AN"Y PORTIONS OF]1-IlS DOCUMENT IS NOT TO BE REPRODL;CED FOR /\~<y REASO).! \\TI1-l0UTTHE \'i/RITfEN CONSF,NT OFTHE \X'AT"RS CO!'iSCLTING GROUP !)\C
\X.'ATER.S-OLDA-,'il E.\:ECUTTVE RECRUThfENTTS A Drns]()~, OFnlE WATERS r.ONSULTING GHOUl', L',)C ~O().80?_IM') .
COLLIER ~OU9-J\LORJDft
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
DAVID WE1GEL
-.J 50% of employee's anm.7al base salary I
-
1. Please tell us why you are interested in this position and why you are eonsidering
movinl!;?
Answer: The practice of local government law and management of a fine county attorney office
stafffor Collier County government as County Attorney has been a dynamic, service-oriented career
assisting a client board, county managcr, and literally many hundreds of employees and members of
the public. It is my desire to continue as County Attorney, providing the highest level of client
service, application of cutting-edge legal principals with the advantage of providing years of local
institutional knowledge.
2. Please describe your current scope of responsibilities including staff and budget. What
is the largest number of people that you have managed and the largest operating
budl!;et you have managed?
Answer: I am presently the County Attorney for the Board of County Commissioners / Collier
County govermnent in the fast growing community of Collier County, Florida. I am and have been
responsible as counsel to the Board, the County Manager and the myriad of divisions & departments
of county government, including responsibility for the prosecution and defense of litigation
involving Collier County, the Collier County Water / Sewer District, the Collier County Airport
Authority and Collier County Community Redevelopment Agencies (CRAs).
As County Attorney I administer the County Attorney Office comprised of 34 full time employees
and a current annual budget of $3,242,000.
Largest number of people managed: Staff of 34 FTEs
Largest Operating Budget: $3,242,000 (total - includes personnel, operating, capital and outside
counsel)
3. What role do you play with your organization's elected officials? County/City
mana!!ement team? Public? Media?
Answer: I advise and represent the Board of County Commissioners as its legal counsel, working
with the collective Board and the individual commissioners in an advisory role as well as having
responsibility for legal projects and legal sufficiency review on nearly all Board approved contracts
and documents. Additionally, as County Attorney I interact with the elected constitutional officers
(Sheriff, Clerk of Courts, Supervisor of Elections, Property Appraiser, and Tax Collector) as the
Board's legal representative. The County Attorney Office and its 14 attorneys work on a daily basis
with the County Manager / managcment team on the projects, lawsuits, legal questions and
document and legislative drafting that is part of the work scenario. The County Attorney Office is
integrally involved assisting the management team accomplish the strategic goals of the Board. I
am responsive to the public and media as legal counsel to the Board. Questions, issues and projects
relating to the public's interests are often referred to the County Attorney by Board members.
4. Please describe your management style. What percentage of your time do you spend on
manal!;ement vs. involvement in the county/city's caseload?
Answer: It may be described that I have an "open door" style of management of the Connty
WATERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 2
200(i~ THIS DOCUMENT IS COI'YRlGHfED _fL>'::D IS CONSJDERED PROPRIETARY Il':f'ORJ,[,\TION.
THIS DOCl'lVrENT OR ANY PORTIONS OrTIlIS DOCU:-"fENT IS~OTTO BE REPRODUCED rORANY REASON \'\TIHOUTTHE W'RITTEN CONSE.l\;T OF THE ","'AYERS CO!'<SULf'lNG GROUT', INC
\VATER.<;-(JID/LN! EXF.CL"TJ'i-l, RI':CRlJITMENl' IS A DIVISION OF TIlE WATERS CONSULTING GROl;r, INC HOO_S99_1(,{,9
-
Attorney Office in that by policy I
Additionally, there exists a division
Assistant County Attorney and Ma
programmatic and daily basis the act
and support staff. Approximately 3
related activities. Part of this manage
products and agenda submittals; part
administrators and departmen~d~~c!()
5. Please describe the nature/
Answer: As County Attorney, 1/ th
eminent domain cases; complex Ian
Private Property Rights Act; constitut
personal injury and insurance subroga
rights litigation.
6. What kind of feedback have
basis with rel!;ard to your str
Answer: I anl known for providing c
approach to a work environment wit
integrity relating to my personal pro
conduct of the County Attorney Offi
"always open" to the questions and I
divisions & departments. Effective wo
My management of the County Att
attorneys and support staff. A histo
effectiveness of legal services to the
of Office and county procedures. Th
legal practice at the county governme
County Attorney Office personnel wi
managcment. The employees seem t
professional interest and shares his i
office legal staff. .--.-.-
7. What kind of feedbaek have
basis with regard tllJ'our_""e_
Answer: There have been occasions
response to their questions has been di
simpler responses to Board question
responses to Board questions is stress
many complex legal questions do n
answers.
8. How would others characteri
Answer: That 1 have a good comma
ability to communicate clearly to mos
make mys
of responsi
naging As
i vities, ass
0% of nor
ment inclu
of the man
rstor input.
type _IlL<:.ase
e office att
d use litiga
IOnallaw c
tion cases;
you receiv
engths'!
arefully con
hin a loca
fessional co
ce before i
egal needs
rking relatl
orney Offic
ry of retent
clients by v
e managem
nt level has
th a general
o recogmze
nstitutional
you receiv
aknesses?
~---~-
when clien
ffi cult to un
s. The sa
ed to the as
ot easily h
ze your co
nd of the E
t, if~..J1()l,~!..
WATERS-OLD""NI EXECUTIVE RECRUITMENT
PAGE 3
COLLIER COlJN~, ~ORJDA .
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
DA VID WEIGEL
-.
,elf accessible to all 33 employees of the Office.
bility and authority through the positions of Chief
sistant County Attorney to administer in both a
ignments, performance and review of the attorney
mal business time is dedicated to management -
des quality control review related to finalizing legal
agement includes periodic contacts with division
of client service needs and concerns. --
~---_._._-
s ~ou have been involved with recently?
orneys are involved with many types of litigation:
tion including cases involving the Bert J. Harris
ases: complex construction and contracts litigation;
mortgage foreclosures; civil rights and employment
ed from people with whom you work on a daily
sidered opinions, and an even-handed non-political
I elected political context. I have a reputation of
nduct which is also reflected in the direction and
ts clients and the public. I maintain the Office as
of the client Board and County Manager, county
onships with the clients are stressed.
e has stressed continuing legal education of the
ion of quality attorneys and staff has assisted the
irtue of institutional knowledge and understanding
ent of an office of 33 individuals in a demanding
been successful in that there is a high retention of
Iy high degree of employee satisfaction with office
that the County Attorney is looking out for their
knowledge and legal experience freely with the
ed from people with whom you work on a daily
----.
t Board members have indicated that an oral legal
derstand or lengthy. I have endeavored to provide
me stated desire for more basic, understandable
sistant county attorneys. It is noted, however, that
ave "bright line" or always simply "yes or no"
-~
mmunication style?
nglish language, an extensive vocabulary and the
l,Persons or audiences. It has been_customary for
200610 TIllS DOCUMENT IS COPYR1GIITED ^-ND IS CONSIDERED PROPRIETARY INFORJ\fi\.TION.
Tl-llS DOCUi\1F.J'.;T OR A_>-JY PORTIO:\iS OFllIlS DOCUlvIENT IS ='-'OTTO Hr;", REI'ROUl..'Cl-:D FOR "NY REASON \VlTHOL'T'IHE \X'RrnFN CONSFl'T OFTJIE \Vt\TE1\S CONSULTJ;';C; GHOUl' JNC
,"',>..TEIL<; OLDANI F~ErLTIVE RECRI.1lThfENT IS A D[\'l:>IO" OF nlE WATERS CONSULTING CROUP, fNC EOO_R')') 1(,(,') ,
COLLIER COUNTY, ~OADA
CANDIDATE Ql fESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
DA VID WEIGEL
other attorneys to review their written documents with me for proofreading, context and style. That I"
my writt~.!lc~gal opinions and memoranda are carlif.1llly crafted.~__~_________
9, What experience do you have in developing and reviewing or revIsmg
ordinances/zoning codes and policies rclating to development? How familiar are you
with TIP SIDS LIDS as they relate to zoning and code? Have you written any
legislation with regard to ordinance/ code?_~____"___"___~___ _
Answer: I have a long experience drafting ordinances for Collier County including local legislation
relating to municipal service taxing units, municipal service benefit units, Collier County landfill,
various impact fee ordinances relating to development & infrastructure, and review activity
concerning development and amendment of the Land Development Code. I have worked with
issues of Tax Increment Financing (TIF) with the county's budget finance committee, particularly
regarding Community Redevelopment Agency (CRA) projects. SIDS and LIDS are not acronyms
I used in Collier County. Part of my work in the County Attorney Office over the years has included
reviewing and revising plats for legal sufficiency, title opinion review, right-of-way acquisition
projects, vacations of easements and abandonment of roads. Assistant County Attorneys are closely
involved with amendments to the ordinance comprising the Land Development Code. I assist the
land use attorneys with !:lanned Unit Development (PUD) ordinances'----_
10. What ex erience do ou have in workin with Code Enforcement and Com liance?
Answer: In my many years of local government legal practice with the Office of the County
Attorney for Collier County, I have been personally involved with code enforcement litigation and
responsible for thc management of attorneys assigned to handle code enforcement cases. Included
with this code enforcement work has been a practice of working with the Code Enforcement
Director, the outside counsel representing the Code Enforcement Board and the interests and
concerns of individual commissioncrs relating to code enforcemcnt matters. High profile code
enforcement case issues and recommendations have been presented personally by me as County
Attorney or my Chief Assistant to the Board of County Commissioners at board meetings over the
years.
The County Attorney Office is presently handling code enforcement -- related litigation whereupon
the Code Enforcement Board, the Board of County Commissioners, the Code Enforcement Director
and others have been named. I am very knowledgeable about all aspects of code enforcement
administration through Collier County government. _~_ ___
II. Please describe your experience in handling highly visible cases and the nature of the
case. Did you utilize outside counsel? __ "_~__ ____
Answer: As former Chief Assistant County Attorney and as County Attorney for the past 12 years, I
have been involved with many high profile litigation cases at the local level up to the Florida
Supreme Court. The litigation over a period of years has been numerous and varied, including:
constitutional and statutory issues relating to property taxes and special assessments; highly
complex construction contract litigation pertaining to infrastructure such as roads and water / sewer
facilities; cases involving constitutional and statutory rights of the Clerk of Courts and the Board of
County Commissioners.
Outside counsel has been utilized where special expertise can assist achieving the results or case
decisjons that favor _!he client. Outside counsel usag~ is typically cooEdinated or approv~d by the
W,,,TERS-OLD,\NI EXECUTIVE RECRUITME"lT
PAGE 4
200r,@"ll-fl$DOCU1VfE_l',rrISCOFYIDGHTEDA"JDIS co!'-'smERED PROPRIETARY INFORj\1:\TlON.
THIS DOCl~ME0.10fl A:'.JY l'OR110\:S OFTI-f1S DOCUMF\IT IS NOT TO BE REPRODUCED FOR ANY KEASO'J WrO-IOLJI'THE \X/IUTo-iN CONSLNT OF THE \1;',\TFRS COh'SULTL'JG GROUP lNC
WATFRSOI.DANI E..XFCUTfVE RECRUlTt>fEt-'T15 ^ DTVJSIO:-J OF THE WI\.Tl,RS CONSULTING CROUP, II<C ~O().8,)().I(,(,Q" ,
9A
COLLIER COUNTY, FLORIDA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
DA VID WEIGEL
Board of County Commissioners when utilized. Additionally, outside bond counsel and disclaimer
counsel have been used in county capital project financing projects for over 25 years.
12. What type of on-going reporting do you provide to your superiors? What type of
electronic casc management system does your organization currently use? __
Answer: I as County Attorney am always available to meet with or respond to the Board of County
Commissioners, individual board members and the County Manager at any time, day or night. I
have standard meeting appointments with commissioners as they desire and I communicate by
telephone, e-mail or scheduled meeting with any commiSSIOner as I deem appropriate. I
communicate with commissioners at regularly scheduled board meetings and take official board
direction at such meetings. Additionally, the Chief Assistant County Attorney and the Managing
Assistant County Attorney pursuant to my authorization maintain very close contacts with the Board
of County Commissioners, the County Manager, division administrators and department directors.
Clear and prompt communications at all levels are a practice of my County Attorney Office to
assure responsive client service, understanding of client needs and completion of tasks.
Electronic Case Management System: Client Profiles (version 7 soon to be upgraded to version 8)
13. Have you ever developed or conducted a cost allocation formula evaluation? Workload
estimates analvsis? What were the results ofthese studies?
Answer: The County Attorney Office is guided by an annual budget policy established by the Board
of County Commissioners. The County Attorney is challenged to provide county government with a
diverse assortment of legal practices ranging from proactive and defensive litigation, transactional
legal practices including contracts, negotiations, real property deed drafting, etc. Additionally,
client needs in the area of land use ordinance and other local government ordinance drafting and
resolutions are required. Thereupon the County Attorney must achieve budgetary and office
management efficiencies to fulfill the legal needs of the corporate client.
Continual monitoring of the legal demands and questions posed to the County Attorney Office are
monitored in relation to available legal staffing and the internal Office policy of prompt response
and timely communications. The Office has internal policies in place to determine allocation of
workload, the type and demand of legal work requested from the various persons and departments
that comprise the corporate client and determine fairness of workload in terms of work assignments.
One measure is the use of descriptive time sheets provided by the assistant county attorneys and legal
assistants to the Managing Assistant County Attorncy and the County Attorney. Bi-weekly staff
meetings also afford the opportunity for attorneys to communicate work issues, novel legal concepts
and any projected schedule or work dii1iculties for which the attorney requests collegial assistance
or reassignment.
14. What experiencc do you have with rceruitment, professional dcvclopment and training
J.l.rogram implemcntation?
Answer: Specifically with the Collier County Attorney Office I have been involved with the
recruitment, interviewing and training process since [ becanle Chief Assistant in 1988. It has always
been a responsibility and priority of mine to assure the best selection of assistant county attorneys
and legal support staff that may present themselves for employment with the County Attorney
Office when vacancies or new positions have been available. My training direction for attorneys
WATERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 5
200G!!) THIS DOCUME'JT IS (OP\lUGHTED .>\.',m lS CONSlDERED PROPRIETARY I:"lFOR.\lAT10N
"[1115 DOCUME'\;T OR.J\..'\fY PORTIO"<S OFll-IlS DOC:Ui\l.Et.;T IS NOT TO HE REPRODUCED FOR :L"Y REASON W1THOUTTHE \Y'RffTT'.K CO'JSEKT OFTIIE \VATERS COKSLTTWG GROL'P INC
\\'ATERSOLD,\NI EXECL'TIVF RECRurrJ\!S"ir IS A !)IV1SIO'J OFn-m \V.""fT'RS CO'JSUTTI>lC; GROUP, INC. ~OO,H<)9,1(,G9 '
COLLIER COUNTY, F2AA
CANDIDATE QUESTIONNAIRE
EXECUTIVE SEARCH FOR THE COUNTY ATTORNEY
DA VID WEIGEL
and legal support staff has always included taking advantage of the continuing legal education
seminars afforded by the Florida Bar, the Florida Association of County Attorneys and the programs
available through the Collier County Human Resources Department. An important component of
the County Attorney Office budget includes resources for the necessary seminar selection and travel
to assure that the legal staff are current in the relevant areas of governmental law such as: the
Government-ln-The-Sunshine Law; the Public Records Act; land use and environmental regulation
law, including permitting; construction contract drafting; construction litigation; eminent domain;
real property law; employment and labor law; and various civil litigation seminars pertaining to
discovery, trial techniques, jury instructions, etc.
15. Are you currently, or havc you ever been a member of the Florida Bar? If not
currently a member of the Florida Bar, are you able to sit for the bar upon your
appointment to this position?
Answer: Yes, I am currently a member in good standing with the Florida Bar. I was admitted to
practice before the Florida Bar in 1983.
16. Please describe any additional areas of expertise or experiences/project involvement
you have/have had that are relevant to the position for which vou are aoolvin!!.
Answer: I am fluent in both the Spanish and Italian languages. The use of Spanish has been of
significant importance from time to time in the services provided by the Offices of the County
Attorney.
Additionally, I maintain an amateur extra class license and am qualified to operate amateur radio
equipment at the highest level of civil licensure for amateurs. I have utilized this capability for
emergency operations services during hurricane events on behalf of Collier County government. I
have maintained an operational amateur radio station at my County Attorney Office on the 8th floor
of the Administration building which may serve as an adjunct to the Emergency Opcrations Center
on the 151 floor of the building.
Over a period of several years, I have been very active with the Florida Association of County
Attorneys (F ACA) which has proved very useful to assist the Collier County Attorney Office to be
abreast of "hot topics" and other county and state governmental concerns with other counties
throughout the State of Florida. I have been involved as the Secretary, Treasurer, Vice President
and President of F ACA 2003-04 and currently serve on its Board of Directors.
My work with F ACA and the Florida Association of Counties (F AC) has kept me very involved
with the Florida legislature and the bills and policies affecting county governments. For the past
several years, I have worked closely with F ACA, F AC, the Board of County Commissioners and the
County Manager on high priority legislative issues. This has included the drafting of Special Acts,
meetings with state legislators throughout the state including Tallahassee and counseling the Board
on critical legislative issues and concerns.
WATERS-OLD"\NI EXECUTIVE RECRUITMENT
P""GE 6
20060 THIS DOCUi\1ENT IS COP\1UGI-fI1\D AKD IS CO)JSIOl'.:'RED PROPRIETARY l:\JFORMATION.
THIS DOCUt\I}',KT OR ANY POR110NS OF THIS DOCCME:'\lT IS NOT TO BE REPRODUCED FOR /\l'Y REASO'J WIlBOUTTI-IE \\'R1ITE"J CONSENT OF TIlE \'\/ATERS CONSL'LTING GROL'P, I)\"C
\VATERS-OLDA"JI EXECL:nVF RI':'CRITnIFNT IS A DlV1SlO"l OF TilE WA1ERS CONSLTTJr\"G GROUP, n,'c 800.899.1669
~9
Resume of David C. Weigel
Collier County Attorney Office
3301 East Tarniarni Trail
Naples, Florida 34112
239-252-8400
davidweigel@colliergov.net
Summary
Demonstrated achiever with exceptional knowledge of local governmental law
in a community experiencing significant growth
Extensive knowledge of land use and development law, the enactment of codes
and ordinances, legislative processes and constitutional law
Proven leadership ability including recruiting, managing and trallllllg the
personnel resources of the County Attorney Office as well as the fiscal and
budgetary requirements and restraints for a law office affected by the demands
of a high growth community
More than twenty-eight years experience with senior management I legal
experience in county and state law offices
An overall record of effective, well written and spoken communications and
legal advice taking into context the collective Board as a client and the
individual components of the client Board, the County Manager and the
management divisions and departments. A history of providing correct advice
notwithstanding the politics of the moment or the desires of an individual
component of the collective client.
A high record of success in litigation important to Collier County government
(examples provided upon request)
Career History & Accomplishments
I have been serving as the County Attorney for Collier County government I the Board
of County Commissioners of Collier County, Florida for more than twelve (12) years.
My service commenced as Assistant County Attorney in 1985, then becoming Chief
Assistant County Attorney in 1988 - 1995, whereupon I was selected as County
Attorney.
My legal career experience prior to employment within the County Attorney Office
included six and one-half (6 Y2) years as a Deputy Attorney General in the Indiana
Attorney General Office, Indianapolis, Indiana (1977 - 1983) and two years private
law practice in Naples, Florida (1983 - 1985). My work as Deputy Attorney General
involved extensive litigation experience at the trial and appellate levels in taxation law;
state departmental representation of the Indiana State Board of Tax Commissioners;
State Department of Administration (contracts) and the Indiana Port Commission
(contracts, real property law, advisor to Port Commission). Additionally, handled
Page I of 4
19A
bankruptcy litigation for the State of Indiana in the federal courts of Philadelphia and
New York City. While at the Attorney General Office, I was promoted to the position
of Assistant Attorney General, an upper tier relation to the Attorney General with
supervisory responsibility.
During 1983 - 1985, I practiced in the private law firm of Thompson and Weigel, P.A.
The law practice consisted of: family law, including state contract prosecution for the
Florida Department of Health and Rehabilitative Services; real property law;
commercial law; probate law; contract law; and collections.
It was upon the foregoing legal experience and development that I was chosen for the
position of Assistant County Attorney with Collier County in the fall of 1985. [see
attached article - 1985]
I was hired by the County Attorney as Collier County government initiated a
significant legislative, administrative, and legal approach to the increasing demands of
local growth and the state Growth Management Act of 1985. After initial assignments
with several county manager departments, real property and contracts work and
experience in resolution and ordinance drafting, I was promoted to Chief Assistant
County Attorney in 1988.
As Chief Assistant County Attorney for 7+ years, I fulfilled responsibilities of office
personnel administration and training, practiced in all areas of county governmental
law including: litigation; growth-related issues and projects concerning infrastructure
(e.g. county landfill, eminent domain projects, and government buildings); legislation
(ordinances); legal counseling to the Board of County Commissioners, the more than
50 advisory committees; and, served as liaison to all the county constitutional officers
(Sheriff, Supervisor of Elections, Tax Collector, Property Appraiser, and Clerk of
Courts) [e.g. see attached letter, Guy Carlton - 1990].
My work as Chief Assistant County Attorney continued successfully with annual
performance evaluations of the highest level, and it was upon this record of prior
qualifications and performance that I was selected to be the County Attorney for
Collier County in 1995. The Office of the County Attorney, at that time, had a
compliment of 8 - 9 attorneys with a support staff of legal assistants and secretaries
totaling 19 full time employees. As County Attorney during the past decade of
dramatic population growth, development and concomitant demands on local
government, I have managed the Office with great care relating to budget, vision as to
the legal needs of a professional office serving a client such as the Board of County
Commissioners, the County Manager, divisions & departments and advisory
committees.
As County Attorney the Office has developed a reputation throughout the state for its
expertise and seminars in the critical areas of: The Govemment-In-The-Sunsrnne-Law;
the Public Records Act; and the state ethics laws and local ethics ordinance and policy.
[see attached article] A comprehensive manual and videos of seminars were developed
for distribution to commissioners, advisory committee members and county staff. The
Page 2 of 4
EducaIion
:9A
manuals and lectures by the County Attorney and Chief Assistant County Attorney
have been requested by other local governments - a tribute to the exemplary service of
the Collier County Attorney Office in recognition of its effective work. The Office
attorneys have included Florida Bar board certified City, County and Local
Government Law attorneys, assuring a high level of expertise and current, cutting-edge
legal knowledge in the very areas the client Board, County Manager and the many
county departments function on a daily basis. In the all-important area of growth
management law the Office has maintained an attorney of recognized high-level
expertise who has served as a Florida Bar sponsored lecturer at seminars throughout
the state for the past several years.
While serving as County Attorney I have always maintained an efficient office practice
with particular care to the budget policy of the Board of County Commissioners with
an eye to achieving efficiencies through practical solutions and professional advice.
The Office requested an efficiency audit from the Florida Bar, Law Office
Management Assistance Service, which upon detailed analysis provided a report noting
significant efficiencies in operations and that the office was "a light year or two ahead
of similarly situated offices." (report available)
Upon over 22 years of County Attorney Office legal service to Collier County
government elected officials, county managers, manager divisions and departments, I
have acquired and utilized a historical and institutional knowledge that is unique to my
service in county government. I have worked effectively with the City of Naples, the
City of Marco Island, Everglades City, the Naples Airport Authority, and the Collier
County School Board and have knowledge of their operations, projects and the
personnel within the institutions. Additionally, I have utilized my long association
with the Florida Association of County Attorneys (FACA) for law office training
seminars, the interchange of legal research and ideas topically effecting county
governments, providing tips for better client service (i.e. "client delight").
Juris Doctorate (1973)
Tulone University School of Law, New Orleans, Louisiana
Secretary-Treasurer of Senior Class
Clinical Education Program / Indigent Defense (1973)
B.A. Degree in Political Science / Spanish Minor (1970)
Wabash College, Craufordsville, Indiana
Junior year of academic studies in Bogota, Colombia South America
(I) Centro de Estudios Universitarios Colombo-Americano
(2) Universidad de los Andes
(3) Universidad de la J averiana
(4) Academia Colombiana de Historia
Additional: Fluency in Spanish and Italian languages
Page 3 of 4
r~9A
Memberships & Affiliations
Admitted to practice law
o Florida Bar - 1983
o Indiana Bar - 1975
Admitted to practice before
o Supreme Court of the United States
o Supreme Court of the State of Florida
o Supreme Court of the State of Indiana
o U.S. District Court for the Middle District of Florida
o United States District Court for the Southern District of Indiana
o United States Court of Appeals for the Seventh Circuit
Member of
o Florida Bar
o Indiana Bar
o Collier County Bar Association
o Board of Directors for Florida Association of County Attorneys (also,
past President of the Florida Association of County Attorneys 2003 -
2004)
COA5519
Page 4 of 4
.9A
PAUL F. ANGUEIRA, Esq.
1808 NW 126 AVENUE
PEMBROKE PINES, FLORIDA 33028
954/437-3717 (home)
786/247-0172 (cellular)
PSAngueira@bellsouth.net
Education and Certifications
Saint Louis University, St. Louis, Mo.,
Bachelors of Art, graduated Cum Laude, 1993
University of Maine, Portland, Me., Juris Doctorate, 1997
Visiting Student and Legal Internship with Palm Beach County State
Attorney's Office, University of Miami, Snmmer and Fall 1996.
Member of Florida Bar, 1997
Member of United States District Court for the Southern District of Florida, 1997
Member of United States Court of Appeals for the Eleventh Circuit, 2005.
(
Member of the Supreme Court of the United States of America, 2004.
Member of the Attorney's Title Insurance Fund since 2005
Experience
Biltmore Villas, Inc., 2005 to present.
- General Corporate, Commercial litigation, Construction
litigation, Commercial Real Estate, Condo Law, Closings and
General Litigation.
-In-house Counsel for real estate development enterprise.
Duties: Preparing and filing complaints and responses in court in
construction, complex commercial litigation cases, and evictions.
Conducting depositions and attending hearings. Drafting effective
demand letters. Review and conducting due diligence assessment of real
estate property, including title searches, survey and lien search review.
Representing condominium association from inception to turnover.
Advising of potential risk of acquisitions of real estate. Conducting
closings, and issuing owner and mortgagee title insurance policies in over
four dozen commercial and residential closings. Preparing and revising all
manner of documents related to real estate acquisition and development.
Preparing all manner of corporate documents and forms, and various
contracts. Advising of any potential risk and managing risk in asset
management. Guiding and training legal staff and managing outside
counsel.
Paul F. Angueira, P.A. 1998 to 2005. Private Practice
Commercial Litigation, Construction law, Foreclosure Defense,
Consumer Protection, Real Estate & General Practice.
-Contracted with Michael O. Albertine, P.A., Mauro C. Santos,
P.A., and Shapiro & Fishman.
Joseph M. Corey, Jr., P.A. 1997 to 1998 Associate attorney at law.
General practice, Bankruptcy, Personal Injury, Criminal law,
Family Law.
References provided upon request.
9A
.9A
DANIEL S. CRUZ
3611 14 Ave NE, Naples, Florida 34120
Home: (239) 344-9932 . Cell: (305) 803-7834
EDUCATION
Florida International University, Miami, Florida
Juris Doctor, 2006
GPA: 3.06
Rank: 8/33 (Inaugural Class, Evening Session)
Honors: CALI Law Awards in Honors Constitutional Law and Intellectual
Property Law
Florida International University, Miami, Florida
Bachelor of Arts in Business Administration
Honors: Magna Cum Laude, 2002
Phi Kappa Phi Honors Society
Golden Key Honors Society
Bela Gamma Sigma Honors Society
LEGAL EXPERIENCE
COVERALL NORTH AMERICA, INC.
Staff Attorney
Boca Raton, FL
Sep. 2006 - Nov. 2007
Coverall is an international franchisor of commercial janitorial cleaning
businesses having more than 9000 franchisees worldwide, 30 U.S. regional
offices, and over 600 employees.
o Report to the General Counsel
o Responsible for contract review, and revision of boilerplate company
contracts
o Routine interaction with 22 Regional Directors counseling them with
regards to routine legal issues
o Conduct fact investigations, locate witnesses, and interface with
management with regards to disputes between Coverall and its
franchisees, 40,000 cleaning customers, and vendors
o Conduct case and law research, discovery, trial preparation, mediations,
settlement negotiations and monitor outside counsel
o Aid the Assistant Counsel and VP of Human Resources regarding wage
and hour matters, claims of retaliation, wrongful termination, sexual
harassment, discrimination, and personnel policies.
Daniel S. Cruz
10f2
9A
BUSINESS EXPERIENCE
COVERALL NORTH AMERICA, INC.
Information Technologies Operations Dircetor
Ft. Lauderdale, FL
2000 - 2006
Managed the IT technical personnel group. Responsible for the company's
enterprise network, consisting of the corporate headquarters, 38 satellite offices in
the continental US, and another 5 independent Master offices around the globe.
Developed and implement all Information Systems policies and procedures.
Oversaw the design, deployment, and maintenance of the company's first
collocated information systems infrastructure.
Spearheaded the design and implementation the company's new voip telephony
system.
UNION PLANTERS BANK
Information Security Manager
North Bay VillagelMiami, FL
1995 - 2000
Established and managed the Data Security department operations. Initiated the
development of the bank's data security and quality control policies for the
Florida region's information systems. Year 2000 Committee member.
PROFESSIONAL CERTIFICATIONS
Paralegal Certification, American Institute for Paralegal Studies, 1991
SKILLS AND INTERESTS
Fluent in Spanish.
CLES
Basic Probate and Guardianship
Basic Commercial Litigation
Franchising Law
Administrative Law
PRO\i'ESSIONAL AFFILIATIONS
Member, Florida State Bar since 2006
American Bar Association
Cuban American Bar Association
Hispanic National Bar Association
Association of Corporate Counsel
Daniel S. Cruz
20f2
'9A
RICHARD A. GESCHEIDT, ESQ.
200 Paloma Avenue
Boca Raton, Florida 33486
(561) 395-6700 (cellular)
R.Gescheidt(tUlee!!ov.com (E-mail)
Education:
Master of Laws (LL.M. - Taxation), Graduate Division, School of Law, New York University, New
York, New York 1973.
Juris Doctor (J.D.), Louis D. Brandeis School of Law, University of Louisville, Louisville, Kentucky,
1972. Law School Activities; Judge Moot Court Club Competition, Dean's List, Scholarship from General Law
School Scholarship Fund, Delta Theta Phi Law School Fraternity.
Bachelor of Arts (B.A.), Hiram College, Hiram, Ohio, 1970, Major - Political Science.
Employment:
January, 2005 - Present Hearing Examiner, Office ofthe Lee County Hearing Examiner, Fort Myers,
Florida. This position is a full-time Administrative Judge, conducting evidentiary hearings, and rendering
recommendations and final decisions in requests for rezoning, variances, special exceptions, administrative
appeals and code enforcement matters. These decisions, with the exception of zoning cases, constitute final
orders, appealable to the Appellate Division of Circuit Court. The evidentiary hearings in rezoning matters
result in recommendations to the Board of County Commissioners of Lee County to approve or deny rezoning
request. The rezoning requests include Developments of Community Impact, Developments of Regional
Impact, and traditional rezoning. The Hearing Examiner may, and often does, add conditions to approvals for
rezoning. All hearings require the rendering of extensive written decisions or recommendations, incorporating
factual findings and the compliancc with all relevant provisions of the Lee County Comprehensive Plan, Lee
County Land Code and various areas of Florida and F ederallaw. Recommendations to the Board of County
Commissioners required that legislative body to either approve, or deny (after specific findings by them), the
Hearing Examiner recommendation. Recommendations are rarely denied.
1977 - 2005 Partner, Law Firm of Gescheidt and Foreman, Boca Raton, Florida. Practicing in the
fields of real estate, probate, estates and trust, federal and state I itigation, zoning, corporations, contracts, and
real property. Related activities; City of Boca Raton - attorney for the City's Code Enforcement Board (1979-
2005) and the City's Contractor's Board (1979 - 1982). Special Master for the City of Hollywood, Florida
(1998 - 2005), Special Master for the City of Boca Raton, Florida (1998 - 2005). Approved agent for
Attorneys' Title Insurance Fund, Inc., since 1977.
1977 - 1986 Assistant Professor (Full Time Position), Florida Atlantic University, Boca Raton, Florida,
responsibilities included teaching undergraduate and graduate level income tax, estate tax, estate planning,
corporate reorganizations, partnerships and tax procedure (all courses in the University's School of
Accounting). This full time position was maintained concurrent with my law practice.
9A
1975 -1976 Associate, Law Firm of Carlisle and Tworoger, P.A., Fort Landerdale, Florida. Practice in
the areas of federal income and estate tax taxation, real estate, contracts, and federal litigation.
1973 - 1975 Associate, Law Firm of Goldberg, Steuterman & Nichols, P.A., Louisville, Kentucky.
Practice in the areas of federal income and estate tax taxation and federal litigation.
1971 - 1972 Law Clerk to United States Attorney for the Western District of Kentucky; Louisville,
Kentucky. Legal research and the preparation of legal memorandums and briefs.
Professional Activities:
Member of the Florida Bar Association [member or former member of various Sections and Committees in the
areas of Land Use, Governmental Affairs, Taxation, and Real Property Law Committee]. Prior member of the
Palm Beach County and South Palm Beach County Bar Associations; Member of the Lee County Bar
Association.
Bar Admissions:
Admitted Florida Bar, 1972; Kentucky Bar, 1974;United States Supreme Court, 1981; United States District
Court for the Western District of Kentucky, 1974; United States District Court for the Eastern District of
Kentucky, 1974; United States Court of Appeals for the Sixth Circuit, 1974; United States Tax Court, 1973;
United States Court of Claims, 1973; United States District Court for the Southern District of Florida, 1976
(admitted to Trial Bar in March, 1983); United States Court of Appeals for the Fifth Circuit, 1978; United
States Court of Appeals for the Federal Circuit, 1983; United States Court of Appeals for the Eleventh Circuit,
1982; United States Court of Military Appeals, 1982; U.S. Court ofInternational Trade, 1982.
Civic/Community Activities, Organizations, and Other Activities:
Trustee - Hiram College, Hiranl Ohio (1993 - present) Currently serving on the Investment Committee, Physical
Assets Committees (Vice Chair) and various sub committees ofthe Board of Trustees. Previously served on the
Finance Committee, committees for the construction of the college's new library, the college's inn, and the
committee to appoint a successor to its then president.
President - Hiram College Property Management, Inc. (1994 - present) [A non-profit foundation, and subsidiary
of Hiram College, that oversees the College's rental properties];
Member - Board of Visitors of Hiram College, Hiram, Ohio (1991 - 1993).
Garfield Society Medal and Fellow in the Garfield Society of Hiram College (1994).
Member of Association of Governing Boards of Universities and Colleges (1993 - pres.), Navy League
(Director 1996-1999) of Fort Lauderdale, Florida, Air Force Association, Boca Raton Historical Society, Boca
Raton Museum of Art, Masonic Lodge of Boca Raton, N.Y.U. Club (N.Y.C.)
President - The Arbor (Office) Condominium Association, Inc. located in Boca Raton (1987 - 2006)
9A
MARIAN KENNADY
8447 NW 78TH CT
TAMARAC, FL 33321
954-722-6057
954-937-3340 (cell)
BAR MEMBERSHIPS
Florida Bar (Admitted September, 2000)
U.S District Court, Southern District of Florida
U.S. District Court, Middle District of Florida
EDUCATION
University of West Florida, Pensacola, Florida
(B. A., History, cum laude)
University of Florida College of Law, Gainesville, FL,
J. D. May, 2000 (Honors)
HONORS AND A WARDS
Staff, FLORIDA JOURNAL OF INTERNATIONAL LA W, U. F. Florida College of Law
"Best Student Note" FLORIDA JOURNAL OF INTERNATIONAL LAW, Winter, 1998
Published Note, FLORIDA JOURNAL OF INTERNATIONAL LA w, "Gender Persecution
and the Adjudication of Asylum Claims"
Member, International Commercial Arbitration Moot Team
High Honors for Third Year
Judicial Extern for Alexander M. Paskay, Chief United States Bankruptcy
Judge, Middle District, Florida (Tampa) (Summer, 1999)
CLERKSHIP EXPERIENCE
LAW CLERK, THE HONORABLE RAYMOND B. RAY
U.S. BANKRUPTCY JUDGE, SOUTHERN DISTRICT OF FLORIDA
299 E. Broward Blvd., Fort Lauderdale, Florida
September, 2000-September, 2002
Conducted legal research and drafted memoranda of law; drafted advisory
opinions for the Court; reviewed motions and drafted advisory memoranda
regarding pending motions before the Court; acted as liaison between pro
se debtors and the Court; advised the Court as to status on pending
matters; assisted the Court in ensuring compliance with all procedural
requirements.
9A
PAGE TWO
MARIAN KENNADY
RESUME
-
EMPLOYMENT EXPERIENCE
DZIKOWSKl & WALSH, P.A.
6201 Sawgrass Corporate Parkway, Fort Lauderdale, Fl 33324
September, 2002-September, 2003
Representation of Chapter 7 bankruptcy trustee, drafted and argued a
diversity of motions and adversarial proceeding complaints on behalf of
trustee, including objections to exemption, objections to discharge,
motions for turnover of property of the estate and motions for injunctive
relief. Conducted Rule 2004 examinations of debtors and interested parties
and appeared in bankruptcy court regularly on behalf of trustee throughout
the Southern District of Florida.
SMITH, HIATT & DIAZ, P.A.
2691 E. Oakland Park Blvd, Suite 303
Fort Lauderdale, FL 33306 (954) 564-2050
September, 2003 through December, 2006
Representation of secured creditors and lending institutions in mortgage
foreclosure actions and Chapter 7, Chapter 13 bankruptcy proceedings;
assisting lenders in compliance with federal and state foreclosure practices
and procedures; advising lending institutions and mortgage servicing with
respect to title claims and matters arising from contested foreclosure
proceedings; assisting in appeals arising from foreclosure and bankruptcy
proceedings, prepared brief and presented oral argument before First
District Court of Appeal in matter arising from foreclosure action, with
favorable outcome for client.
CONCEPCION, SEXTON & MARTINEZ, LLC
355 Alhambra Circle, Suite 1250
Coral Gables, FI33321 (305)444-6669
December, 2006 through Present
Representation of variety of clients in complex commercial litigation
matters, focusing on international clients in a sophisticated practice.
International disputes generally include debtor/creditor relationships,
intellectual property matters and business torts and other commercial
actions, including appellate practice.
9A
O. REGINALD OSENTON
4118 Imperial Eagle Drive
Valrico, FL 33594
8 13/662-7713 (home)
813/716-0877 (cell)
orofl@hotmail.com
PROFILE:
b" Comprehensive experience as an attorney. Licensed in Florida, West Virginia,
Virginia, and the District of Columbia.
b" Demonstrated ability to develop business. Effective advisor to many corporations and
their managers. Self-starting expertise in case management, legal research, brief
preparation, regulatory compliance and extensive client counseling in different issues.
b" Diverse background in legal issues relating to real estate, corporate law, taxation and
bankruptcy; additional service as Assistant Prosecuting Attorney in Logan County,
WV.
b" A business and community leader. Consistently recognized by other leaders for multi-
tasking talents in project management, needs analysis and problem resolution.
(
EMPLOYMENT: Pilka & Associates. P.A., Brandon, FL 2006-Present
Attorney
Manage the business department of the firnl, which has a practice focusing in business law,
transactional matters, commercial and residential real estate, estate planning and probate,
guardianships, taxation, and bankruptcy.
_ Clients include high wealth individuals, landlords, automobile parts wholesalers and
retailers, real estate brokers, real estate investors, mortgage companies, portable
clients from prior firnl, and various other businesses.
_ Responsibilities include handling the day-to-day management of the business department
of the firm, marketing the department, serving as "second in command" of the firm,
managing staff members, collecting accounts receivable, and ensuring the profitability of
the department.
Wetherington, Hamilton, Harrison & Fair. P.A., Tampa, FL 2004-2006
Member
Handled a wide array of cases in this commercial law firm, with a concentration in estate
planning and probate, real estate, corporate law, transactional work, taxation,
debtor/creditor, and commercial litigation.
_ Clients included high wealth individuals, lending institutions, real estate brokers, an oil
processor and packager, landlords, building contractors, construction materials
manufacturers, and portable clients from prior fiml.
EDUCATION:
9A
Osenton & Adkins, LLP, Logan, WV 2000-2004
Managing Partner
Managed this law firm, with a primary focus in real estate (including title work and
foreclosures), corporate law (including transactional work), estate planning, bankruptcy
(representing both debtors and creditors), taxation, and civil litigation.
Oversaw all daily business functions of the firm, including staff hiring & supervision,
payroll and P&L.
Litigated many successful cases before a variety of venues, including the West
Virginia Supreme Court of Appeals.
Clients included banks, lending institutions making and servicing sub-prime
residential mortgages, real estate brokers, real estate holding and management
companies, large and small landlords, building contractors, a major provider of
satellite television services, an Exxon distributor, a food and beverage wholesaler, coal
mine operators, automotive parts retailers and high net-worth individuals.
Osenton Law Office, Logan, WV 1992-1999
Solo Practitioner
Established this general civil law practice with a concentration in real estate, estate
planning, corporate law, bankruptcy, probate, taxation and civil litigation. Frequently
appointed by courts as a general receiver for businesses, as counsel for indigent clients, and
as a guardian ad litem for children.
Office of the Prosecuting Attorney, Logan, WV 1992-1995
Assistant Prosecuting Attorney
Appointed to this position to successfully prosecute criminal cases and represent various
county & state agencies in court.
Gained extensive courtroom experience in cases primarily involving juvenile
offenders and allegations relating to child abuse or neglect.
Ernst & Young, Washington, DC 1989-1992
Senior Tax Consultant
Managed the full preparation and review of tax returns for major corporations and high net-
worth individuals, along with performing estate planning and trust administration.
George Washington Universitv - National Law Center, Washington, DC 1989
J.D. Degree
* Research Assistant to Professor Lewis D. Solomon.
* Key participant in various legal clinics such as Consunler Mediation, Small Business
and Bankruptcy.
West Virginia Universitv, Morgantown, WV
B.S. Degree in Acconnting
* Graduated Cum Laude.
1986
PROFESSIONAL
LlCENSES/
ORGANIZATIONS: -
COMMUNITY
ACTIVITIES:
"'A
~'.~.G
.;' It'
'..
*
Member of numerous academic honor societies; received several academic
scholarships.
Member of the Pi Kappa Alpha social fraternity; President, Treasurer.
*
Licensed to practice law in Florida (2003), West Virginia (1991), the District of
Columbia (1990), and Virginia (1989), as well as before the Internal Revenue Service.
Admitted to practice before the Florida Supreme Court, the West Virginia Supreme
Court of Appeals, the Virginia Supreme Court, the District of Columbia Court of
Appeals, the US Circuit Court of Appeals for the Fourth Circuit, the US District Court
offor the Middle District of Florida, and the US District Court for Southern District of
West Virginia.
Agent for Attorneys Title Insurance Fund.
Member of the American Bar Association.
Member of the Hillsborough County Bar Association.
Member of the Tanlpa Bay Bankruptcy Bar Association.
Former Member of the Board of Governors of the West Virginia State Bar.
Past Chairman of the Young Lawyer's Section of the West Virginia State Bar.
Proficient with Westlaw, TurboTax, Word, Lotus, Excel, ProDoc, Quickbooks Pro,
Internet services and other computer programs.
b" Former Mayor of the Town of Mitchell Heights, WV.
b" Former Town Attorney for the Town of Man, WV; Fiduciary Commissioner for Logan
County, WV.
b" Fornler Member of the Board of Directors of the Logan County Development
Authority.
b" Member of the Brandon, FL 86 Rotary Club (Membership Chairnlan).
b" Member of the Brandon Chamber of Commerce.
b" Member of the Board of Directors of Rotary's Camp Florida.
b" Leadership Brandon Class of2006.
b" Past President and Past Secretary of the Logan Rotary Club; Paul Harris Fellow.
b" Graduate and Senate President of Leadership West Virginia Class of2000.
b" Active member in various community groups, alumni associations and fundraising
initiatives.
b" Former Instructor in Business Law at Southern West Virginia Community and
Technical College.
b" Private Pilot's License; Single-Engine Rating.
b" Member, St. Andrew's United Methodist Church, Brandon, FL (Finance
Committee).
l~ 4 ~
JOSEPH THYE SEXTON
19383 Devorrwood Circle' Fort Myers, FL 33967. 239-410-6139' sextonjt@hotmail.com
LEGAL EXPERIENCE
PARTNER
Sexton Law Office, PA.
. Family Law' Wills & Estate Planning
2006 - PRESENT
Fort Myers, Florida
~CO~TSTMFAITO~Y
20" Judicial Circuit of Florida
. Judicial Law Clerk
1995-1997,2000 - 2006
Fort Myers, Florida
ASSOCIATE A ITO~Y
Thompson & Schreiber, FA.
. Family Law' Appeals' Wills
1998-1999
Fort Myers, Florida
ASSISTANT PuBLIC DEFENDER
Office of the Public Defender
. Criminal Law
1992-1994
Fort Myers, Florida
SOLE PRACTITIONER
. Civil Trial Law' Appeals' Criminal Law
1991-1992
Fort Myers, Florida
ASSOCIATE AITO~Y
Puccio & Associates
. Civil Trial Law' Appeals' Criminal Law
1991
Cape Coral, Florida
EDUCATION
JURIS DOCTORATE
University of Florida
YEARS ATTENDED (1986 - 1990)
Gainesville, FL
MASTER OF BUSINESS ADMINISTRATION
University of Florida
YEARS ATTENDED (1987-1990)
Gainesville, FL
BACHELOR OF ARTS IN BIOLOGY AND ENGLISH
Emory University
YEARS ATTENDED (1982 -1986)
Atlanta, GA
BAR MEMBERSHIPS
The Florida Bar
The Minnesota Bar
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand ddivcrcd to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Oftkc only after the 80ard has taken action on the item.)
98
ROUTING SLIP
Complete routing lines # I through #4 as appropriate tor additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line throu!!h routinl! lines # I throulZh #4, comnlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I.
2.
3.
4.
5. Sue Filson. Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court. s Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one ofthe addressees above, including Sue Filson, need to contact stafffor additional or missing
information. All original documents needing the Bee Chairman's signature are to he delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier County Attorney's Office
Agenda Date Item was January 29, 2008 Agenda Item Number 9B
Aooroved bv the BCC
Type of Document Resolution '200~ - '30 Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters. must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
]n most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bce's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
~
N/A
~
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Rcvised 1.26.05, Rcvised 2.24.05
98
RESOLUTION NO. 2008-30
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT AND
REAPPOINT MEMBERS TO THE COLLIER COUNTY CODE
ENFORCEMENT BOARD.
WHEREAS, Collier County Ordinance No. 2007-44 provides that the Collier County
Code Enforcement Boards shall consist of seven regular members and two alternate
members; and
WHEREAS, there are currently two vacancies on this Board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNlY
COMMISSIONERS OF COLLIER COUNlY, FLORIDA, that:
1. Richard Kraenbring, representing the category of Construction Sales and
Consulting, is hereby reappointed to the Collier County Code Enforcement Board for a
three-year term, said term to expire on February 14, 2011.
2. Edward L. larsen, representing the category of Attorney, is hereby appointed to
the Collier County Code Enforcement Board for a three-year term, said term to expire
on February 14, 2011.
This Resolution adopted after motion, second and majority vote.
DATED: January 29, 2008
ATT~s;r: . "'. .
DWIGHT E. ~ROCK, Clerk
BOARD OF COUNlY COMMISSIONERS
COLLIER COUNlY, FLORIDA
::'~'I.:"."
. . '.
. .
At By: .',
t~st U to .~.l..... D puty Clerk
,Iqildtl!r.. 0411~
By:
TOM
Approved as to form and
lega ufficiency:
Jeffr ow
Chief County Attorney
CP:08-BCC'00398
Item #
qe:,
Agenda 11,.,~loq
Date ~
Dat~ ;2..'1#1 D"
Reed ~
~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Bmu-d has taken action on the item.)
ROUTING SLIP
.9
'" p.
~)J
Complete routing tines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exccDtion of the Chairman's sianature, draw a line throu~l routin[! lines # 1 throUl.Ih #4, cOffinlete the checklist, and forward to Sue Filson line#5l.
Route to Addressee(s) Office Initials Date
(List in routing order)
I.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature arc to be delivered to the Bee office only after the Bee has acted to approve the
item)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier Countv Attornev's Office
Agenda Date Item was January 29,2008 Agenda Item Number 9C
Approved by the BCC
Type of Document Resolution Zoo"i> - 3 ( Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the ehan es, if a Heable.
Yes
(Initial)
2.
3.
4.
5.
6.
~i
N/A
@
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
i 9C
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONER~
OF COLLIER COUNTY, FLORIDA, TO APPOINT AND REAPPOINT
MEMBERS TO THE LAND ACQUISITION ADVISORY COMMITTEE
RESOLUTION NO. 2008-31
WHEREAS, Collier County Ordinance No. 2002-63, which created the Land
Acquisition Advisory Committee, provides that the Committee shall consist of nine (9)
members; and
WHEREAS, the terms of 3 members will expire on February 11, 2008, creating
vacancies on this Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Land Acquisition Advisory Committee has provided the Board of
County Commissioners with its recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNlY
COMMISSIONERS OF COLLIER COUNlY, FLORIDA, that:
1. Anthony P. Pires, representing the categories of conservation, real estate and
land appraisal, is hereby reappointed to the Land Acquisition Advisory Committee for a
three year term, said term to expire on February 11, 2011.
2. William H. Poteet, Jr., representing the categories of conservation, real estate
and land appraisal, is hereby reappointed to the Land Acquisition Advisory Committee
for a three year term, said term to expire on February 11, 2011.
3. Jeffrey S. Curl, representing the categories of ecology, conservation, land
management and environmental, is hereby appointed to the Land Acquisition Advisory
Committee for a three year term, said term to expire on February 11, 2011.
BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier
County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, as
amended, relating to a limitation of two consecutive terms of office, for the purpose of
reappointment of William H. Poteet, Jr., to this Committee.
This Resolution adopted after motion, second and majority vote.
DATED: January 29, 2008
ATTEST:,.." ""'.
DWI,GAT' E.. BRbeK, Clerk
BOARD OF COUNlY COMMISSIONERS
COLLIER COUNlY, FLORIDA
.
puty Clerk
By:
TOM HENNING, Chairman
.
Jeff
Chie
Ilem# ~
latzkow
tant County Attorney
Agenda II~ /()~
Dale
Dale - 1(/6'1
~<C:;.n//)r-
.";:';'f .,,- V-
.,,,,.,..,,.,.,.,,-,,....,,.
90
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the BOlU'd has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman'5 sienature, draw a line throUlzh routine. lines # 1 throum #4, comnlete the checklist, and forward to Sue Filson line #5l.
Route to Addressee(s) Office Initials Date
(List in routing order)
I.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder oCthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature arc to be delivered to the BCe office only after the BCC has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact Collier Countv Attornev's Office
Agenda Date Item was January 29, 2008 Agenda Item Number 9D
Approved bv the BCC
Type of Document Resolution Number of Original I
Attached ~-3Z. Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whicbever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-tbrough and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines'
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
@
N/A
@
I: Forms/ county Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
; 9n
RESOLUTION NO. 2008-32
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO APPOINT LAURA SPURGEON
DEJOHN TO THE COLLIER COUNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE.
WHEREAS, Ordinance No. 93-76, as amended, which created the Collier County
Development Services Advisory Committee, provides that the Committee shall consist of
fifteen (15) members; and
WHEREAS, there are currently vacancies on this Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Development Services Advisory Committee has provided the Board
of County Commissioners with its recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that laura Spurgeon Dejohn is
hereby reappointed under the land Planner category to the Collier County Development
Services Advisory Committee for a four-year term, said term to expire on December 14,
2011.
This Resolution adopted after motion, second and majority vote.
DATED: January 29, 2008
ATTES\:;\ ,). C,'
DWIGHT E. BROck, perk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Attes~Y: c~, 0.'
51gllaturt OAt,;
By:
TOM H
~
...;
Approved as to form and
leg sufficiency:
,.-....",.__.._--~
\"I~"~" ~:D_
')jell2:l"l~~
Il~~'~d Bf"{o'i
~I.J
. Depu;y ~klk U
10 A
MEMORANDUM
DATE:
February 14, 2008
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Ann Jennejohn, Sr. Deputy Clerk
Minutes and Records Department
RE:
Contract Amendment #2 to Contract #06-3914:
"Construction Management at Risk Services for
Collier Fleet Facilities"
Contractor: Wright Construction Corp.
Enclosed are three (3) original contracts, as referenced above (Agenda
Item #10A) approved by the Board of County Commissioners on Tuesday,
January 29, 2008.
The Finance Department and Minutes & Records Department have
retained original copies.
If you should have any questions, you may contact me at 252-8406.
Thank you,
Enclosures (3)
10 A
ITEM NO.:
DATE RECEIVED:
FILE NO.:
off-- P/2(-OQZ</O
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
February 1, 2008
To:
Office of the County Attorney
Attention: Robert Zachary
From:
Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department, Extension 2667
Jo
Re: Contract: Amendment #2, 06-3914 "Construction Management at
Risk Services for the Collier Fleet Facilities"
Contractor: Wright Construction Corp.
BACKGROUND OF REQUEST:
This Change Order was approved by the BCC on January 29, 2008,
Agenda Item 10.A
This item has not been previously submitted.
ACTION REQUESTED:
Change Order review and approval.
OTHER COMMENTS:
~
~/
~,
<'."
Robert, please forward to BCC for sig'f1ature after approval.
are any questions concerning the document, please contact me.
Thank you.
C: Hank Jones, ~acilities Mgmt. _ ~@
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10 A
EXHIBIT E
AMENDMENT NO.2 TO AGREEMENT BETWEEN
OWNER AND CONSTRUCTION MANAGER
Pursuant to Articles 7 and 8 of the Agreement, dated 3/28/2006 between The Board of County Commissioners of
Collier County, Florida, a political subdivision of the State of Florida ("Owner") and Wright Construction Group
("Construction Manager"), for management and construction Collier County Fleet Facility ("Project"), the Owner
and Construction Manager hereby establish the Constructions Manager's fee, Cost of the Project, Guaranteed
Maximum Price and Contract Time for the Work as set forth below:
I. CONSTRUCTION MANAGER'S FEE
The Construction Manager's fee, as defined in Article 8.1.2 of the Agreement, for work or services performed
during the Construction Phase shall be $ 525,728.00 The Construction Phase Fee shall be invoiced and paid in 13
monthly payments of $ 37,552.00 each and one final monthly payment of $ 37,552.00. The first monthly
Application for Payment shall be submitted no earlier than thirty days following the issuance of the first
Construction Authorization by Owner's Representative and the final Application for Payment shall be paid only
when construction of the project is finally completed and occupancy of the Project accepted by the Owner.
2. COST OF THE PROJECT
The total Cost of the Project as defined in Article 9 of this Agreement is $ 9,272,848.00.
3. GUARANTEED MAXIMUM
Construction Manager's Guaranteed Maximum Price for the Work, including the Construction Manager's Fee and
Cost of the Project is $ 9,272,848.00. This Price is for the performance of the Work in accordance with the
Contract Documents listed and attached to this Amendment and marked Attachments 1 through 6, as follows:
Attachment Description Pages Dated
Number
Drawings, Specifications, PAGES 1~6 PROPOSAL EXHIBIT "B"
Addenda and General, 12/19/2007
Supplementary and other
Conditions of the Contract
On which the Guaranteed
Maximum Price is based.
2. Allowance items ITEMS 1 ~ 5 PROPOSAL LETTER
12119/2007
3. Assumptions and clarifications PAGES 1-3 12/19/2007
made in preparing the
Guaranteed Maximum Price.
4. Completion schedule 12/19/2007
5. Alternate prices - - N/A
6. Unit Prices - - N/A
10 A
4. CONTRACT TIME
The total period of time beginning with the Construction Phase Commencement Date to the date of Substantial
Completion of the Work is 425 days ("Contract Time").
CONSTRUCTION MANAGER
Attest:
By: KEITH . MOYER
Its: VICE PRESIDENT B LDING OPERATIONS
BY~~
As Witnessed:
By 111Cl,v/J NIClJ 1V\.t\h.
(Corporate Seal)
OWNER
ATTEST:
DWIGHT W. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By
TOM HENNING, CHAIRMAN
and legal sufficiency:
-----?
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lOA-
Agenda \-2;-:S.J'/7
Date ~
~:~~d ~-I?J-d
10 A
5811 Youngquist Road
Fort Myers, FL 33912
(239) 481-5000 Phone
(239) 481-2448 Fax
CGC-053444
The "Wright" Choice
Since 1946
November 8, 2007
Estimate 097-07
Revised 12/19/2007
Board of County Commissioners
Collier County, Florida
3301 Tamiami Trail East Building W
Naples, Florida 34112
Attention:
Regarding:
Dear Mr, Jones:
Mr. Hank Jones
Principal Project Manager
Collier County Fleet Facility
2901 County Barn Road
Naples, Florida 34112
Pursuant to your request, the following is a breakdown of the component pricing included in our
Guaranteed Maximum Price:
$ 7,682,486.00
$ 200,000.00
$ 150,000.00
$ 50,000.00
$ 5,000.00
$ 20,000.00
$ 425,000.00
$ 171,298.00
$ 994,064.00
$ 9,272,848.00
Base Bid for Sherriff s Facility
Allowance for the excavation and removal of contaminated soils
Allowance for the construction of a future off-site turn lane
Allowance for potential landscaping upgrades required by current codes
Allowance for landscaping at the fuel station
Allowance for the potential removal of arsenic
Sub-Total Allowances
Contingency
Fuel Facility
Total Project
Respectfully Submitted,
tS~o:r-
Vice President Building Operations
10 A
The "Wriglrt"Cboice
Since 1946
5811 Youngquist Road
Fort Myers, FL 33912
(239) 481-5000 Phone
(239) 481-2448 Fax
CGC-053444
November 8, 2007
Estimate 097-07
Revised 12/19/2007
Board of County Commissioners
Collier County, Florida
3301 Tamiami Trail East
Building W
Naples, Florida 34112
Attention:
Mr. Hank Jones
Principal Project Manager
Collier County Fleet Facility
2901 County Barn Road
Naples, Florida 34112
Regarding:
Dear Mr. Jones:
Wright Construction Group would like to thank you for this opportunity to provide you with our
proposal to perfonll the work required for the above referenced project.
Pursuant to your request, we propose to provide, equipment, labor, materials, subcontractor
participation, and supervision as required per the documents listed in Exhibit "A" to perform the
following scope of work for Phase Two of this project:
1. Demolition as required
2. Site work
3. Aluminum Rolling Gates with controls
4. Landscaping, Irrigation and Precast wall
5. Concrete and Masonry work
6. Structural and Miscellaneous metals
7. Carpentry and Millwork
8. Building Insulation, Waterproofing and Sealants
9. Modified Bitumen Roofing System
10. Hollow Frames/Doors and Wood/PL Doors
11. Overhead Doors and Curtain Walls
12. Metal studs and drywall
13. ACT, Ceramic and Vinyl tile
10 A
The "Wright" Choice
Since 1946
5811 Youngquist Road
Fort Myers, FL 33912
(239) 481-5000 Phone
(239) 48 I -2448 Fax
CGC-053444
14. Painting and Epoxy Floor Finish
15. Construction Specialties
16. Exterior Sun Control Devices
17. Toilet accessories
18. Shop Equipment New and Relocated
19. Mini blinds
20. Pre-Engineered Metal Building
21. Fuel Station with Fuel Tanks
22. Plumbing
23. HV AC / Controls
24. Electrical
25. Communications and Technology
Our proposal includes the following allowances:
1. $ 200,000.00 allowance for the excavation and removal of contaminated soils
2. $ 150,000.00 allowance for the construction of a future off-site turn lane
3. $ 50,000.00 allowance for potential landscaping upgrades required by current codes
4. $ 5,000.00 allowance for landscaping at the fuel station
5. $ 20,000.00 allowance for the potential removal of arsenic
Our proposal also includes a contingency of $ 171,298.00 (One Hundred Seventy One Thousand Two
Hundred Ninety Eight Dollars), and a five percent fee.
We propose to perform the work required by this contract for the Guaranteed Maximum Sum of
$ 9,272,848.00 (Nine Million Two Hundred Seventy Two Thousand Eight Hundred Forty Eight
Dollars).
Our proposal is based in the following attachments included with this proposal:
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Drawing Log (Basis of GMP)
Job Cost Estimate
Assumptions and Clarifications
Preliminary Schedule
Respectfully Submitted,
~ili~:J
Vice President Building Operations
lOA
HIGH
CONSTRUCTION GROUP
Collier County Fleet Facility - Phase 2: Sheriff Building/Fuel Station
GMP Cost Detail
December 19, 2007
PHASE DESCRIPTION Amount
Bond and Insurance
01-0016 Performance Bond 58 751.00
01-0017 General Liability Insurance 14,280.00
Construction Phase Fee (Lump Sum)
01-9000 Superintendent 161,284.00
01-9200 Assistant Superintendent 50000.00
01-9400 General Superintendent 49,680.00
01-9100 Proiect Manaaer 161,284.00
01-9050 Assistant Proiect Manaaer 37,200.00
01-9255 Proiect Assistant 33,200.00
01-9300 AcountanVBookeeoer 12,680.00
01-9150 Estimatina / Schedulina 10,000.00
01-5105 Safetv Cabinet / First Aid Eouioment 5,200.00
01-5105 Safetv Inspections 3,300.00
01-5110 Job Sians 1,900.00
Direct Cost Items {Field Reimbursablesl
01-0020 Plan Review Fees 10,000.00
01-0021 Misc. Small Permits 2,000.00
01-0033 Trailer Securitv 5,000.00
01-0060 Job Photoaraphv-Proaress Photos 1,566.00
01-0061 Advertisina 2,148.00
01-0065 General Cleanup 24,635.00
01-0070 Final Cleanup 13265.00
01-0071 Wax Floorina 7,580.00
01-0080 Trash Removal/Dump Fees 88,400.00
01-0100 Monthlv Proiect Manual 8,400.00
01-0111 Bid Documents / Postaae Durina GMP Dev. 32,000.00
01-0112 Microfilm Record Documents 4,000.00
01-0113 Mvlar Sets for As-builts 4,000.00
01-0114 Closeout Documents 1,000.00
01-0115 Const. Plans & Specs 6,750.00
01-0116 UPS/Postaae 1,400.00
01-4001 Testina - Soils 10000.00
01-5005 Mobilization & Demobilization 5000.00
01-5010 Field Office 7,000.00
01-5012 Office Supplies 2,100.00
01-5014 Office Furnishina 1,800.00
01-5015 Arch/Inspector's Office 8,400.00
01-5016 Storaae Trailers 4,200.00
IDA
01-5021 Office Phone / Hook-up 2,700.00
01-5031 Cellular Phone 4,900.00
01-5034 Comouter/Printer 1,400.00
01-5035 Fax Machine 980.00
01-5036 Coov Machine 4,200.00
01-5040 Field Radios 2,400.00
01-5050 Portable Toilets / Office Container / Temo. Hook-up 13,506.00
01-5100 Temo. Fence 2,500.00
01-5200 Temo. Electric 11,370.00
01-5290 Bottled Water Service 1,050.00
01-5300 Temp. Water 3,500.00
01-5350 Ice & Water 1,750.00
01-6050 Barricades 2,000.00
01-6100 Fire Safetv / Fire Extinauishers 500.00
01-6210 ECuioment Oil & Fuel 8,750.00
01-6220 WCC Office Vehicle Use 6,100.00
01-7320 Forklift (Rental-Lull) 16500.00
01-7400 Tools & Equipment 5,500.00
01-7450 Temo. Roads 10 000.00
01-8550 Primarv Electric Charoes 25,000.00
Site work
02-0010 Lavout & Survev 29,000.00
02-0090 Traffic Maintenance Allowance 1 000.00
02-1155 Demolition 64,000.00
02-1160 Re-Iocate Propane Tank Allowance -
02-2000 Site work 881,797.00
02-2050 Tum Lane on Countv Bam Road 150,000.00
02-2030 Down Spout Connection Allowance 5,000.00
02-3000 Soil Poisonina 2027.00
02-7100 Landscape/lrriaation 124,271.00
02-7150 Landscape/lrriaation Allowance Due to SDP Review 55,000.00
02-8100 Fencina / Gates 65,400.00
02-8150 Precast Concrete Wall at Site Perimeter 84,000.00
02-9040 Contaminated Soil Removal Allowance 200,000.00
02-9050 Arsenic Removal Allowance 20,000.00
Concrete I Masonry
03-31 00 Concrete / Masonrv 858,000.00
Metals
05-1100 Lumo Sum Steel Price 93,796.00
05-5000 Misc Steel/Stair Nosino 20.000.00
Wood and Plastics
06-1100 Carpentrv 142,423.00
06-4000 Millwork 27,090.00
Thermal and Moisture Protection
07-2100 Insulation 6,271.00
07-3600 Modified Bitumen Roofino 102,235.00
07-3610 Roof Inspection Service 10,000.00
07-5120 Skvliohts . 183,700.00
07-9100 Caulk & Sealants 3,000.00
07-9150 Fire Stoppina 10,000.00
lOA
Doors and Windows
08-1100 HM Frames/Doors/WD Doors & HOW 52,859.00
08-5100 O. H. Coilina Doors 89,497.00
08-7501 Access Doors 500.00
08-8100 Windows / Glazina 96,371.00
Finishes
09-1100 Drvwall & Stucco Sub 155,105.00
09-2100 Acoustical Ceilinas 21,550.00
09-3100 Ceramic Tile 16,045.00
09-6600 Resilient Floorina 12,054.00
09-6650 VCT Floor / Base Preo 15,000.00
09-81 00 Eooxv Floor 124,250.00
09-8150 Eooxv Paint Preo 20 000.00
09-9000 Paintina 58,301.00
Specialties
10-1200 Marker boards 680.00
10-1650 Toilet Partition 2 425.00
1 0-4200 Cast Aluminum Plaaues / Sianaae 19,859.00
1 0-5200 Fire Extinauishers 1,105.00
1 0-6000 Mesh Partitions 3,127.00
10-7050 Exterior Sun Control Devices 44741.00
1 0-8000 Lockers 4,280.00
10-8010 LS Toilet Access 2 590.00
Equioment
11-3100 Refriqerator / Micro 1,834.00
11-6100 Shop Eauioment, Relocate Existina 122,613.00
11-6150 Vac / Hose Svstem -
11-7000 Auto/Bus Wash Eauipment -
Furnishings
12-1100 Blinds 3,750.00
Special Construction
13-1000 Pre-EriCiTneered Building 689,522.00
13-5000 Fuel FacilltV 527,279.00
13-5050 Fuel for Testina -
Mechanical
15-4100 Plumbina 139,149.00
15-5100 Fire Sorinkler 82,400.00
15-6100 HVAC System 142,670.00
Electrical
16-0500 Electrical 1,165,585.00
Communications I Technology
17-1000 Structured Cablina Systems 910,748.00
Continaencv and Fee
99-0001 Continaencv 194,479.70
99-0002 Fee 440460.30
Total GMP 9,272,848.00
FLEET FACILTY PHASE 2 EXHIBIT "B" Revised 11/15/2007
DATE
DRAWING ORIG. REV REV REV REV REV
1 2 3 4 5
COVER PAGE
06/23/06 REV. 7
A-O.OO Cover Sheet 09/17/07
Project Information, Drawing Index, 06/23/06 08/11/06
REV. 7
A-l.OO General Notes 09/17107
Proiect Data 06/23/06 REV. 7
A-l.OI 09/17/07
A-l.02 Accessible Details 06/23/06
CIVIL
I Cover Sheet 08/04
Tonoorapruc Aerial/Clearing Plan 08/04 03/01/05 08/29/05 REV. 10
2 06/23/06
08/04 01/10/05 03/01/05 04J17/05 08/29/05 06/23/06 REV. 13
3 Existing Conditions/Demolition Plan 06/18/07
Master Site Plan, Water, Sewer, 08/04 01110/05 03/01/05 04/07/05 06/14/05 061l5/05 REV. 13
4 Irrigation, & Fuel Station 06/18/07
Master Site Plan Paving and Drainage 08/04 01/10/05 03/01/05 04/07/05 06/\4/05 06/15105 REV. 13
5 06118/07
Master Site Plan Signing & Pavement 08/04 01/10/05 03/01/05 05/3li06 06/15/06 08116/06 REV. 13
6 Marking 06/18/07
Potable Water and Sanitary Sewer Plan 08/04 OI/JOi05 03/01/05 04/07105 06/14/05 06/15/05 REV, 13
7 and Profile 06/18/07
Paving Details 08/04 01/10/05 03/01/05 04/07/05 06/23/06 08116106 REV. 13
8 06/18107
08/04 OJ/I 0/05 03/01/05 06114/05 REV. 10
9 Drainage Details 06/23/06
08/04 01/10/05 03/0]/05 06/]4/05 06/23106 REV. II
10 Drainage Details 08/16/06
Collier County Standard Water Main 08/04 0]/]0/05 03/01/05 06115/05 09/01/05 06/23/06 REV. 13
11 Details 06/18/07
Collier County Standard Sanitary 08/04 03/01/05 04/12/05 06/15/05 09/01l05 06/23/06 REV. 13
12 Sewer Details 08/08/07
Collier County Standard 08/04 01110/05 03/0]/05 06/23/06 REV. 13
13 Irrigation/Force Main Details 08/08/07
Collier County Standard Pump Station 08104 01/10105 03/01/05 06/15/05 06/23/06 08/16/06 REV. 13
14 Details 08/08/07
Erosion Control Plan 08/04 01/10105 03/01/05 06/23/06 REV. 15
15 ]0/26/07
08/07 09/17/07 REV. 15
16 County Barn Road Twn Lane Plan 11/06/07
17 Sections and Miscellaneous Details 08/07
LANDSCAPE
0.0 SDP Overall Site Plan 10/18/04 11/04/04 02/16/05 03/01/05 10/01/07
0.1 Buffer Sections 10/]8/04 ] 1/04/04 02/16/05 03/01105 10/0]/07
0.2 SDP Irrigation Plan - Phase 1 10/18/04 11/04/04 02/16/05 03/01/05 ]0/01/07
0.3 SDP Irrigation Plan Phase I ]0/]8/04 ] 1/04/04 02/16/05 03/01/05 10/01/07
0.4 SDP Irrigation Plan - Phase 1 ]0/18/04 ] 1/04/04 02/16/05 03/0]/05 10/01/07
ARCHITECTURAL
Master Site Plan (Existing & Proposed 06/23/06
A-2.00 Site Plans) REV. 7
09/17/07
Life Safety Plan ~ Sheriffs Fleet 06/23/07
A-2.12 Facilitv REV. 7
09/17/07
A-2.14 UL/Tested Assemblv Details 06/23/06
UL/Tested Assembly Details 06/23/07 REV. 7
A-2.15 09117/07
Master Floor Plan - Collier County 06/23/06
REV. 7
A2.20 Fleet Facility 09/17/07
Dimensioned Floor Plan Sheriff's 06/23/06
A-2.25 Fleet Facility - Area E REV. 7
09/17/07
Note Floor Plan Sheriff's Fleet 06/23/06
A-2.25.1 Facility - Area E REV. 7
09/17/07
A-2.26 Dimensioned Floor Plan - Sheriffs 06/23/06 REV. 7
IDA
IDA
Fleet Facilitv - Area F 09117/07
Note Floor Plan Sheriffs Fleet 06/23/06
REV. 7
A-2.26.l Facility - Area F 09/17/07
Dimensioned Floor Plan - Wash Rack 06/23/06
REV. 7
A-2.27 - Area G 09/17/07
Note Floor Plan ~ Wash Rack- 06/23/06
REV. 7
A2.27.l Area G 09/17/07
Concrete Slab Floor Plan ~ Sheriff s 06/23/06
REV. 7
A-2.34 Fleet Facilitv - Area E 09!17/07
Concrete Slab Floor Plan ~ Sheriff s 06/23/06
REV. 7
A-2.35 Fleet Facilitv - Area F 09/17/07
Concrete Slab Floor Plan - Wash Rack 06/23/06
REV. 7
A-2.36 - Area G 09/17/07
Wall Types ~ Collier County Fleet 06123/06
REV. 7
A-2.40 Facility 09117/07
Wall Types ~ Collier County Fleet 06/23/06
REV. 7
A-2.40.l Facility 09/17/07
Wall Types ~ Collier County Fleet 06/23/06
A-2.40.2 Facilitv
Enlarged Floor Plans ~ Collier County 06/23/06
REV. 7
A-2.4l Fleet Facility 09/17/07
Enlarged Floor Plans - Collier County 06123/06
REV. 7
A-2.42 Fleet Facility 09117/07
Enlarged Floor Plans - Collier County 06/23106
REV. 7
A-2.45 Fleet Facility 09/17107
Enlarged Floor Plans Collier County 06/23/06
REV. 7
A-2.46 Fleet Facility 09117/07
Floor Pattern Plan - Sheriffs Fleet 06/23/06
F acilitv - Area E REV. 7
A-2.55 09/17/07
Floor Pattern Plan ~ Sheriffs Fleet 06/23/06
REV. 7
A-2.56 Facility ~ Area F 09/17/07
Furniture Plan - Sheriffs Fleet Facility 06/23/06
REV. 7
A-2.65 Area E 09117/07
Equipment Plan ~ Sheriffs Fleet 06/23/06
REV. 7
A-2.66 Facility - Area F 09117/07
Equipment Plan ~ Wash Rack ~ Area G 06/23/06 REV. 7
A-2.67 09/17/07
06/23106 REV. 7
A-2.67.l Title Page 09/17/07
06/23/06 REV. 7
A-2.67.2 General Notes 09/]7/07
06/23/06 REV. 7
A-2.67.3 Equipment Schedule 09117/07
06/23/06 REV. 7
A-2.67.4 Side View 09/17/07
06/23/06 REV.7
A-2.67.3 End View 09117107
06/23106 REV. 7
A-2.67.6 V-Max Plunlbing Schedule 09/17/07
Vector Plumbing Schedule 06123/06 REV. 7
A-2.67.6A 09/17/07
06123/06 REV, 7
A-2.67.7 Underground PlumbinQ Schedule 09117/07
06/23/06 REV, 7
A-2.67.8 V-Max Electrical Schedule 09/17/07
06/23/06 REV. 7
A-2.67.9 Veclor Electrical Schedule 09/]7/07
06/23/06 REV. 7
A-2.67.10 UnderQround Electrical Schedule 09/17/07
06123/06 REV, 7
A-2.67.11 Pit Detail 09/17/07
Reflected Ceiling Plan ~ Sheriffs Fleet 06/23/06
REV. 7
A-2.75 Facility - Area E 09117/07
Reflected Ceiling Plan ~ Sheriffs Fleet 06/23/06
REV. 7
A-2.76 Facility- Area F 09/17/07
Reflected Ceiling Plan - Wash Rack- 06/23/06
REV. 7
A-2.77 AreaG 09117/07
06123/06 REV, 7
A-2.84 Roof Plan ~ Sheriffs Fleet Facility ~ 09/17/07
10 A
Area E
Roof Plan - Sheriffs Fleet Facility ~ 06/23/06
REV. 7
A-2.85 Area F 09/17/07
06/23/06 REV. 7
A-2.86 Roof Plan Wash Rack Area G 09/17/07
Site Elevation - Collier County Fleet 06/23/06 08111106
REV. 7
A-3.00 Facilitv 09/17/07
Exterior Elevations - Sheriff s Fleet \06/23/06
REV. 7
A-3.02 Facilitv 09/17/07
Exterior Elevations - Sheriff s Fleet 06123/06
REV. 7
A-3.06 Facilitv 09/17/07
Exterior Elevations ~ Sheriff s Fleet 06/23/06
REV. 7
A-3.07 Facility 09/17107
Exterior Elevations - Sheriff s Fleet 06/23/06
REV. 7
A-3.08 Facility 09/17/07
06/23/06 REV. 7
A-3.09 Exterior Elevations - Wash Rack 09/17/07
Window Types - Sheriff ~ Collier 06/23106
REV. 7
A-3.22 County Fleet Facility 09/17/07
Door Types ~ Collier County Fleet 06/23/06
REV. 7
A-3.23 Facility 09/17/07
Building Sections - Sheriff - Collier 06/23/06
REV. 7
A-4.03 County Fleet Facility 09/17/07
Building Sections - Sheriff - Collier 06/23/06
REV. 7
A-4.04 County Fleet Facilitv 09/17/07
06/23/06 REV. 7
A-4.05 Building Sections - Wash Rack 09/17/07
Wall Sections - Sheriff - Collier 06/23/06
REV. 7
A-5.03 County Fleet Facilitv 09/17/07
Wall Section - Sheriff - Collier County 06/23106
REV. 7
A-5.04 Fleet Facility 09!17/07
Wall Section - Sheriff - Collier County 06/23/06
REV, 7
A-5.05 Fleet 09/17/07
Wall Sections - Sheriff - Collier 06/23/06
REV. 7
A-5.06 County Fleet 09117/07
Wall Sections - Sheriff - Collier 06/23/06
REV. 7
A-5.07 County Fleet Facilitv 09/17/07
Wall Sections - Sheriff ~ Collier 06/23/06
REV. 7
A-5.08 County Fleet Facility 09/17/07
Wall Sections - Sheriff ~ Collier 06123/06
REV. 7
A-5.09 Couuty Fleet Facility 09/17/07
Wall Sections - Sheriff - Collier 06/23/06
REV. 7
A-5.10 County Fleet Facilitv 09Jl7/07
06/23/06 REV. 7
A-5.ll Wall Section - Wash Rack 09/17/07
Miscellaneous Roof Details - Collier 06123/06 08/11/06
REV. 7
A-7.0l County Fleet Facilitv 09117/07
Misc. Metal Bldg. Details - Collier 06/23/06 08111/06
REV. 7
A-7.02 County Fleet Facilitv 09117/07
Misc. Window Details - Collier County 06/23/06
REV. 7
A-7.03 Fleet Facility 09117/07
Soffit, a.H. Door, Canopy Detail- 06/23/06 08111/06
REV. 7
A-7.04 Collier County Fleet Facility 09/17/07
Misc. Metal Bldg. Details - Collier 06/23/06 08/l1/06
REV. 7
A7.06 County Fleet Facilitv 09117107
Miscellaneous Details - Collier County 06/23106 08/11/06
REV. 7
A-7.07 Fleet Facility 09/17/07
Iv1iscellaneous Details ~ Collier County 06/23/06
REV. 7
A-7.08 Fleet Facilitv 09/17/07
Typical RoofDetaiIs ~ Collier County 06/23106 08/11/06
REV. 7
A-7.09 Fleet Facilitv 09117/07
A-7.10 Miscellaneous Details - Collier County 06/23/06 REV, 7
IDA
I Fleet Facilitv 09117/07
SRUCTURAL
03/01105 06/23/06 REV. 7
SI Structural Notes 09/17/07
03/01i05 06/23/06 REV.?
S2 Tvnical Details 09/17/07
Tvoical Details 03/01/05 06/23/06 08/11106 REV. 7
S3 09/17/07
03/01/05 06/23/06 08/11/06 REV.?
S4B Foundation 09/17107
03/01105 06/23/06 REV, 7
S4E Foundation 09/17107
03/01105 06/23/06 REV. 7
S4F Foundation 09/17/07
03/01105 06/23/06 REV. 7
S4G Foundation 09/17/07
RoofFramino Plan 03/01105 06/23/06 REV. 7
S6E 09/17/07
Roof Framing Plan 03/01/05 06/23/06 REV. 7
S6F 09/17/07
03/01/05 06/23/06 REV. 7
SS Sections 09/17/07
03/01105 06/23/06 081\1106 REV. 7
S9 Sections 09117/07
MECHANICAL
Mechanical Legend, & General Notes 06/23/06 REV. 7
M-l.OO 09117/07
Mechanical Floor Plan ~ Sheriff s Fleet 06/23106
REV, 7
M-2.15 Facility ~ Area E 09/17/07
Mechanical Floor Plan - Sheriffs Fleet 06/23/06
REV. 7
M-2.16 Facility ~ Area F 09117/07
Mechanical Roof Plan - Sheriff s Fleet 06123/06
REV. 7
M-2.IS Facility Q9117J07
06/23/06 REV. 7
M-3.00 Mechanical Schedules 09/17/07
Enlaroed Mechanical Plans 06123/06 08/1]/06 REV. 7
M-4.00 09/17/07
06/23/06 REV. 7
M-5.01 Mechanical Details 09117107
06/23/06 REV. 7
M-5.02 Mechanical Details 09117/07
06/23/06 REV. 7
M-6.01 Mechanical Details 09/17/07
ELECTRICAL
Elect. Sym. Legend, Notes & Dwg. 06/23/06 08/llJ06
REV. 7
E-l.OO Index 09117/07
06/23/06 07/08105 06/23/06 07117/06 02/14/07 REV. 7
E-2.00 Electrical Site Plan 09/17/07
Electrical Power Plan - Sheriffs Fleet 06/23/06
REV. 7
E-2.15 Facility - Area E 09117/07
Electrical Power Plan - Sheriff s Fleet 06/23106
REV. 7
E-2.16 Facility 09117/07
Electrical Lighting Plan ~ Sheriff s 06/23/06
REV. 7
E-2.25 Fleet Facility ~ Area E 09/17/07
Electrical Lighting Plan ~ Sheriff s 06/23/06
REV. 7
E-2.26 Fleet Facilitv ~ Area F 09117/07
Sheriff s Fleet Facility - Power Riser 06/23/06
REV, 7
E-3.01 Diagram 09/17/07
Fire Alann Riser DiaQ"ram and Details 06/23106 REV. 7
E-3.02 09/17/07
06/23/06 REV. 7
E-3.03 Electrical Details 09/17/07
06/23106 REV, 7
E-3.04 Electrical Details 09/17/07
06f23/06 REV. 7
E-3.05 Electrical Details 09/17/07
Sheriffs Fleet Facility - Panel 06/23/06
REV. 7
E-4.02 Schedules 09/17/07
Sheriffs Fleet Facility - Panel 06/23/06
REV, 7
E-4.03 i Schedules . 09/17/07
TECHNOLOGY
Technology Symbols, Legends, & 06/23/06
REV. 7
T-l.OO Notes 09Jl7/07
06/23/06 REV. 7
T-2.00 Overall Technology Site Plan 09/17107
T-2.02 Partial Technologv Site Plan - CCSO 06/23/06 06/23/06
Technology Floor Plan - CCSO Fleet 06/23/06 06/23/06
REV. 7
T-2.15 Facility~ Area E 09/17/07
Technology Floor Plan - CCSO Fleet 06/23/06 06/23/06
REV. 7
T-2.16 Facilitv - Area F 09/17/07
Technology Floor Plan - Wash Rack- 06/23/06
T-2.l7 Area G
GroundinQ & Bonding Riser Diagram 06/23/06 REV. 7
T-3.01 09/17/07
Coooer Riser & Fiber Ootic Backbone 06/23/06 REV. 7
T-3.02 09117/07
06/23/06 REV. 7
T-4.01 TechnoloQv Details 09117/07
Technologv Details 06/23/06 REV. 7
T-4.02 09117/07
06/23/06 REV. 7
T-4.03 Technologv Details 09/17/07
Technologv Details 06/23/06 REV. 7
T-4.04 09/17/07
PLUMBING
06/23/06 REV. 7
P-1.00 Plnmbing LeQend, Notes, & Schedules 09117/07
Plumbing Site Plan ~ Collier County 06/23/06
REV. 7
P-2.00 Fleet Facilitv 09/17/07
Plumbing Floor Plan - Sheriffs Fleet 06/23/06
REV. 7
P-2.15 Facilitv 09/17/07
Plumbing Floor Plan - Sheriffs Fleet 06/23/06
REV. 7
P-2.16 Facilitv - Area F 09/17/07
Plumbing Floor Plan - Wash Racks - 06/23/06
REV. 7
P-2.17 Area G 09/17/07
Enlarged Plumbing Plans - Sheriffs 06/23/06
REV. 7
P-2.22 Fleet Facilitv 09/17/07
Drainage Riser Diagrams ~ Sheriff s 06/23/06
REV, 7
P-3.02 Fleet Facilitv 09/]7/07
Plumbing Details - Collier County 06/23/06
REV. 7
P-4.01 Fleet Facility 09/17/07
Plumbing Details - Collier Connty 06/23/06
REV. 7
P-4.02 Fleet Facility 09/17/07
FIRE PROTECTION
06/23/06 REV. 7
FP-1.0 Fire Protection Notes and Details 09117/07
06/23/06 REV. 7
FP-2.20 Master Floor Plan - Fire Protection 09/17/07
06/23/06 REV. 7
FP-2.25 Fire Protection Plan ~ Area E 09/]7/07
06/23/06 REV. 7
FP-2.26 Fire Protection Plan ~ Area F 09/17/07
06/23/06 REV. 7
FP-2.27 Fire Protection Plan- Area E (Attic) 09/17/07
SPECIFICATIONS
BOOK lofl Project Mannal 06/23/06
IDA
10 A
COLLIER COUNTY FLEET FUELING FACIL TY EXHIBIT "B"
DATE
DRAWING ORIG. REV REV REV REV REV REV
I 2 3 4 5 6
GENERAL
G-OOI I Cover and Index of Drawings 08/07
CIVIL
C-OOI Leoend and General Notes 08/22/07
C-IOO Location Plan 08/22/07
C-lOl Phasino Plan 08/22/07
C-l02 Site Plan 08/22/07
C-I03 Site Plan - Phase I 08/22107
C-I04 Site Plan - Phase 2 08/22/07
C-lOS Site Plan - Phase 3 08/22/07
C-I06 Site Plan - Phase 4 08/22/07
C-110 Paving & Grading Plan 08/22/07
C-SOI Civil Details 08/22/07
C-S02 Civil Details 08/22/07
STRUCTURAL
S-IOI I Structural Details 08/22107
PLUMBING
P-401 Enlaroes Site Plan 08/22/07
P-402 Enlarged Site Plan - Phase 2 08/22/07
P-403 Enlamed Site Plan - Phase 3 08/22107
P-SOl Fuel Pining Details 08/22/07
ELECTRICAL
E-lOO Electrical Site Plan 08122/07
E-40l Enlarged Site Plan 08/22/07
E-SOI Electrical Details 08/22/07
E-S02 Electrical Details 08/22/07
E-601 One Line Diap"rams 08/22107
E-602 One Line Diagrams 08122/07
E-610 Panel Board Schedules 08/2207
SPECIFIC A nONS
BOOK lofl I Proiect Manual 09/25/07
RIGH
CoNSTRUCTION GROUP
The "Wn"ght" Choice
Since 1946
lOA
5811 Youngqmst Road
Fort Myers, FL 33912
(239) 481-5000 Phone
(239) 481-2448 Fax
CGC-053444
EXHIBIT C
Revised 12/19/2007
ASSUMPTIONS AND CLARIFICATIONS
1. Our Guaranteed Maximum Price includes a contingency of$ 171,298.00 (One Hundred Seventy
One Thousand Two Hundred Ninety Eight Dollars) for unknown / unforeseen conditions on this
project. This allowance will be used only upon the approval of the Project Manager for the
Collier County Board of Commissioners.
2. This is not a line-item Guaranteed Maximum Price. Any monies generated in the way of savings
as a result of the buy-out for this project shall be applied at the Construction Manager's
discretion to other line items as necessary to achieve the Guaranteed Maximum Price.
3. Our Guaranteed Maximum Price does not include monies for Builders Risk Premiums.
4. Our Guaranteed Maximum Price includes costs for printing drawings on this project.
5. Our Guaranteed Maximum Price does not include monies for Final Testing and Balancing of the
HV AC systems for this project.
6. Our Guaranteed Maximum Price does not include monies for testing required for this project.
Testing will be provided by others.
7. Our Guaranteed Maximum Price includes a specified allowance of$ 200,000.00 (Two Hundred
Thousand Dollars) for the handling and/or disposal of classified or hazardous soils. rfthese
materials are encountered, work will be halted to determine the extent of contaminated material
and the disposition of same.
8. Our Guaranteed Maximum Price includes an allowance of $ 20,000.00 (Twenty Thousand
Dollars) for the removal and disposal of Arsenic. rfthese materials are encountered, work will
be halted to detennine the extent of contaminated material and the disposition of same.
9. Our Guaranteed Maximum Price does not include monies for permits, impact fees, or costs
associated with obtaining regulatory approvals.
10. Wages and salaries for the Construction Manager's supervisory staff assigned to this project;
including administrative, accounting or clerical; shall be reimbursed at including taxes,
insurances, contributions, and benefits.
11. Our guaranteed maximum pricing is based on the documents listed in Exhibit "A" attached to
this contract. Changes or addendums made subsequent to 09/17/07 will require discussion,
revision, re-pricing, or changes: positive or negative to the contract. Our Guaranteed Maximum
Price includes considerations for Addendum No.1, dated September 17, 2007.
12. Final completion for this project is set for March 31, 2009, which is predicated on receiving a
notice to proceed from Collier County by not later than February 01,2008 and receiving a
Building Pennit for The Fuel Station By July 31,2008. rfthe Fuel Station Building Permit is
received later than July 31, 2008, there may be additional costs added to the contract for material
increases and extended General Conditions.
RIGB
CoNSTRUCTION GROUP
TIle "Wright" Choice
Since 1946
IDA
5811 Youngquist Road
Fort Myers, FL 33912
(239) 481-5000 Phone
(239) 481-2448 Fax
CGC-053444
13. Our Guaranteed Maximum Price includes pricing for the Site Work based on the Phase II Civil
Drawings prepared by RW A Consulting Inc., dated 09/17/07 and The Collier County Sheriffs
Facility Fuel Station Phase II Drawings, prepared by CH2MHILL, dated 08/22/07.
14. Our Guaranteed Maximum Price includes an allowance of $ 50,000.00 (Fifty Thousand Dollars)
for potential upgrades to the Landscaping and Irrigation on this project that may be required by
current codes.
15. Our Guaranteed Maximum Price includes an allowance of$ 5,000.00 (Five Thousand Dollars)
for Landscaping that may be required by the County at the Fuel Station. This amount has been
included at the request of the Architect for the project.
16. Our Guaranteed Maximum Price includes pricing for the Precast Wall required at the site
perimeter based on a quantity of 1 ,200 linear feet. The proposal was provided by Coastal
Concrete who cannot provide a P & P Bond.
17. Our Guaranteed Maximum Price includes an allowance of $ 150,000.00 (One Hundred Fifty
Thousand Dollars) for the future Off-Site Turn lane. This amount is based on proposals received
from subcontractors pricing for pre-permit documents.
18. Our Guaranteed Maximum Price does not include an allowance to relocate the existing Propane
Tank (currently located at the fuel station) to the Bus / Car wash area.
19. Our Guaranteed Maximwn Price does not include the auto / bus wash building, equipment,
accessories, or installation or the vac / hose system equipment or installation or any work related
to the auto / bush wash systems as shown on sheets A-2.27, A-2.27.1, A-2.36, A-2.67, A-2.67.1,
A-2.67.2, A-2.67.3, A-2.67.4, A-2.67.5, A-2.67.6, A-2.67.6a, A-2.67.7, A-2.67.8, A-2.67.9,
A-2.67.10, A-2.67.11, A-2.77, A-2.86,
A-3.09, A-4.05, A-5.l1, T-2.17, or P-2.17.
20. Our Guaranteed Maximwn Price includes does not include an allowance to provide fuel for any
of the (4) four fuel tanks on the project. Fuel shall be provided by Collier County for the testing.
21. Our Guaranteed Maximum Price does not include pricing for Landscape maintenance.
22. Our Guaranteed Maximum Price includes providing and installing two (2) 19.5 cubic foot
bottom freezer, refrigerators and one (I) counter top microwave.
23. Our Guaranteed Maximum Price includes providing and installing the new shop equipment and
lifts including: (I) compressor, (I) refrigerated air dryer, (I) 500 gallon bulk fluid tank, overhead
hose reels, the overhead fluid delivery system, (I) 200 gallon bulk fluid tank, the 10,000 lb. lifts,
(I) 12.000 lb. lift, and the battery rack.
24. Our Guaranteed Maximum Price includes costs to remove, relocate, and re-install the following
existing Owner equipment: the 30,000 lb. 4 post lifts, the 4 post Ben Pearson, the 10,000 lb. 4
post lift, the 2 post lift, (26) sections of parts shelving, (29) pallet racks, (2) brake lathes, the tire
balancer, the tire changer, and the rotary post lifts.
25. Our Guaranteed Maximum Price does not include monies for a Fuel Station Management
System, or a Security System for the Fuel Station Management System.
RIGHT
CONSTRUCTION GROUl'
The "Wright" Choice
Since 1946
5811 Y01,QAd
Fort Myers, FL 33912
(239) 481-5000 Phone
(239) 481-2448 Fax
CGC-053444
26. Our Guaranteed Maximum Price includes a proposal by Peachtree Protective Covers to provide
the Exterior Sun Control Devices with 8" Blades in lieu of 10" Blades specified. The specified
supplier for the Exterior Sun Control Devices did not provide a proposal.
27. Our Guaranteed Maximum Price includes proposals from an Electrical Contractor and a
Plumbing Contractor that did not include costs for P & P Bonds. Both contractors have a good
work experience with Collier County.
28. Our Guaranteed Maximum Price includes a proposal for the Varco Pruden metal building
(approved by the specifications) from KBJ Development Services, Inc. who is indirectly
affiliated with Wright Construction Group via an officer of the company with common
ownership in both corporations.
IDA
Attachment 1
Construction Manager At Risk Services for the Collier County Fleet Facilities Phase II
Revisions to Contract
1. In article 8.2.1(b) replace the "TBD's" as follows:
a. First "TBD", change to fourteen (14) months
b Second "TBD" change to $ 1.852.19
2. In article 8.1.2 (c), replace the "TBD's" as follows:
a. First "TBD" change to $_10,000.00_
b. Second 'TBD" change to $ 10.000.00
c. Third "TBD" change to _2_%
d. Fourth "TBD" change to $ 10,000.00
3. In article 8.1.3, change the "TBD" to ~_%
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
1011
I
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action all the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
h h kl d" d S Fl I #5
exceotion of the Chainnan's sil!:nature, draw a line through routing lines #1 through #4, complete tee cc' 1St, an orwar to ue 1 son (me ).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
""-
2. ~
3. '----'-....
........--..
4. '- ~.
. .
", -
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally thc primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oethe addressees above, including Sue Fi]son, need to contact staff for additional or missing
information. All original documents needing the Bec Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff John Y onkosky Phone Number X8088
Contact
Agenda Date Item was 1/29/08 Agenda Item Number lOA
Aooroved bv the BCC
Type of Document Resolution O~ ,?3 Number of Original I
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A"' in the Not Apphcable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages Irom ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arlies exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si 7nature and initials arc re uircd.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on \;), Q';>' (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
COUD AttorDe's Office has reviewed the chao es, if a Hcable.
Yes
(Initial)
2.
3.
4.
5.
6.
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~1
I: Forms! County Fom1S/ Bce Fonns/ Original Documents Routing Slip WWS Original 9.03.04. Revised] .26.05, Revised 2.24.05
MEMORANDUM
Date:
March 10, 2008
To:
John Y onkosky, Budget Director
Management & Budget Office
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-33
Enclosed please find one (1) certified copy of the document, as referenced
above, (Agenda Item #10A), approved by the Board of County
Commissioners on Tuesday, January 29, 2008.
If you should have any questions, please call 252-8411.
Thank you.
Enclosure
lOIt
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RESOLUTION NO. 2008- 33
-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE BORROWING OF NOT
EXCEEDING $10,125,000 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 PHASE 3 OF
THE FLEET FACILITIES PROJECT, 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 A V AILABLE 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 oflaw.
"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) ofthe Loan Agreement.
"Board" means the Board of County Commissioners of the County.
lOA
"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-45" means the Loan designated as "Loan No. A-45" the proceeds of
which shall be used to finance a portion of the costs of Project A-45.
"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
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"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-45" means Phase 3 of the Fleet Facilities Project which includes, but
is not limited to, demolishing the existing Fleet Facility, mitigation of any contaminated
soils, construction of new Sheriffs Fleet Facility on the western end of the property,
construction of a Vehicle Washing Facility and replacing the existing Fuel Facility, 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," "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
3
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(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
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-
45.
(D) The County desires to borrow an amount not to exceed $10,125,000 10
order to finance a portion of the acquisition of Project A-45.
(E) On November 14, 2006, the Board authorized Project A-45 to be financed
with proceeds of a loan under the Program in order to incur costs related thereto, which
costs were expected to be reimbursed.
(F) The County hereby determines that the provISIon of funds by the
Commission to the County in the form of Loan No. A-45 pursuant to the terms of the
Loan Agreement and the financing of Project A-45 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.
(G) Loan No. A-45 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.
(H) 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-45, 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,
4
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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-45 in the aggregate amount of not exceeding $10,125,000 for the purpose of
providing the County with sufficient funds to finance, refinance or reimburse the costs of
Project A-45. The Chairman and the Clerk are hereby authorized to execute, seal and
deliver on behalf of the County the Loan Note and other documents, instruments,
agreements and certificates necessary or desirable to effectuate the Loan as provided in
the Loan Agreement. The Loan Note or Notes with respect to Loan No. A-45 shall
reflect the terms of such Loan and shall be substantially in the form attached to the Loan
Agreement as Exhibit 1. The County Manager shall determine the date or dates of
funding of Loan No. A-45 in accordance with the terms of the Loan Agreement. The
Loan shall mature on such date as the County Manager may determine prior to the
issuance of the Loan Note for Loan No. A-45; provided, however, the final maturity of
the Loan may not be later than the expiration date of the Letter of Credit (as defined in
the Loan Agreement) at the time of the Draw. Loan No. A-45 shall bear interest at the
Loan Rate in accordance with the terms of the Loan Agreement. Loan No. A-45 shall
bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The
County further agrees to make all Loan Repayments required of it pursuant to the terms
of the Loan Agreement. The Letter of Credit fees for Loan No. A-45 shall be 30 basis
points or such other amount as Wachovia Bank and the County Manager shall agree.
SECTION 5. AUTHORIZATION OF PROJECT A-45. The County
does hereby authorize the acquisition of Project A-45 and the reimbursement of any costs
incurred by the County with respect to Project A-45 since September 15, 2006 (60 days
prior to "official intent" referred to in Section 3(E) hereof).
SECTION 6. SECURITY FOR THE LOAN. The County's obligation to
repay Loan No. A-45 will be secured by a pledge of and lien upon the Designated
Revenues in accordance with the terms of the Loan Agreement. The obligation of the
County to repay Loan No. A-45 shall not be deemed a pledge of the faith and credit or
taxing power of the County and such obligation shall not create a lien on any property
whatsoever of or in the County other than the Designated Revenues.
SECTION 7. RESOLUTION TO CONSTITUTE CONTRACT. In
consideration of the making of the Loan by the Commission, this Resolution shall be
deemed to be and shall constitute a contract between (i) the County and (ii) the
Commission and its successors and assigns (the Commission and its successors and
assigns hereinafter referred to as the "Lender"). The pledge and agreements of the
County herein set forth shall be for the benefit, protection and security of the Lender.
5
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SECTION 8. GENERAL AUTHORITY. The members of the Board and
the officers, attorneys and other agents or employees of the County are hereby authorized
to do all acts and things required of them by this Resolution and the Loan Agreement, or
desirable or consistent with the requirements of this Resolution and the Loan Agreement,
for the full punctual and complete performance of all the terms, covenants and
agreements contained in this Resolution and the Loan Agreement, and each member,
employee, attorney and officer of the County or its Board is hereby authorized and
directed to execute and deliver any and all papers and instruments and to do and cause to
be done any and all acts and things necessary or proper for carrying out the transactions
contemplated by this Resolution and the Loan Agreement.
SECTION 9. SEVERABILITY. If anyone or more of the covenants,
agreements or provisions herein contained 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 or provisions and shall in no way affect the
validity of any of the other provisions hereof.
SECTION 10. REPEAL OF INCONSISTENT RESOLUTIONS. All
resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the
extent of such conflict.
SECTION 11. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
DULY ADOPTED this 29th day of January, 2008.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By -/ ~
cd~ ~ ~r
Approved as to Form and Legal Sufficiency:
"
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Item #
IDA
Agenda
Date
1-'Z(1-0~
6
Date 3-(0-0'6
~~
Deputy Clelk
Agenda Item #IOD today's BCC Meeting
Page I of 1
100
Ann P. Jennejohn
From: CalvertEugene [EugeneCalvert@colliergov.net]
Sent: Tuesday, January 29, 2008 9:42 AM
To: Ann P. Jennejohn
Subject: RE: Agenda Item #100 today's BCC Meeting
Ann,
Yes, it is recommended that ONE resolution be adopted today. We were advised by the county attorney's office that an
advertisement separate from the Board's agenda was not necessar)' since this is a resolution and not an ordinance,
- .
Gene C.
From: Ann P. Jennejohn [mailto:AnnJennejohn@colllerclerk.com]
Sent: Tuesday, January 29, 2008 8:46 AM
To: ealvertEugene
Subject: Agenda Item #100 today's Bee Meeting
Good Morning Gene,
Quick question regarding your item on today' s BCC Agenda.
Your proposal at today's meeting is for the adoption of one Resolution. is that correct?
We issue the Reso numbers in our office and want to make sure we process that item correctly.
Also, did this need to be advertised?
Please let me know at your earliest convenience.
Thanks, have a great day!
Ann J ennejohn
Senior Clerk to the Board
Minutes & Records Department
252-8406
(ann.jennejohn@co II i erc lerk.com)
1/29/2008
.1 DE
?/JoU/n/o/WoIkw Woantlf W(NIl@U~
3301 East Tamiami Trail. Naples, Florida 34112 - 4977
(239) 774-8097' Fax (239) 774-3602
@11-
~
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Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
January 29, 2008
Florida Department of Community Affairs
Ray Eubanks, Plan Review Administrator
Division of Community Planning
2555 Shumard Oaks Blvd.
Tallahassee, Florida 32399-2100
RE: Collier County's 10-Year Water Supply Facilities Work Plan.
Dear Mr. Eubanks:
Pursuant to the conversation of December 191h, 2007, between Collier County statTand DCA
stalT, and your e-mail response on December 26, 2007, Collier County is in an obvious
predieament with respect to adopting its Ilnal version of the 10-Year Water Supply Facilities
Work Plan (Work Plan). Under normal eircumstances, Collier County would havc been in a
position to submit the adopted version of the plan in a timcly manner. However, as it was
discussed between Collier County stalTand DCA's stat1~ Collier County is in a quandary as a
result of DCA's Notice of Intent to tlnd the County's Capital Improvement Element (CIE) not in
eompliance. As DCA is aware, this is problematic as the Work Plan must be consistent with the
ClEo Collier County transmitted the Work Plan in a timely manner and reeeived Irom DCA the
Objections, Recommendations and Comments report (ORC) which noted specille objections
pertaining to the Work Plan. These objeetions are impossible to address at the normal adoption
time period as a result of the ClE being found not in compliance.
Subsequent to the transmittal of the Work Plan, DCA and Collier County staff had a meeting of
the minds with respect to tlnalizing those portions of the ORC related in the CIE that were not in
complianee. On December Illh, 2007, the Collier County Board of County Commissioners
(BCC) authorized the Chairman to execute the compliance agreement to then be I()rwarded to
DCA. Collier County, DCA and all other parties and appropriate interveners, have exeeuted the
Complianee Agreement (See attached signed agreement). Remedial Amendments to the CIE
were adopted by the Collier County Board of County Commissioners on January 29, 2008.
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Florida Department of Community Affairs
Ray Eubanks, Plan Review Administrator
January 29, 2008
Page Two
Collier County can not adopt its Work Plan prior to January 1211.,2008, as this would result in an
inconsistency with the existing CIE on record. Therefore, Collier County is proposing that the
Work Plan be adopted by the BCC after the adoption and effective date of the Remedial
Amendments to the Collier County Growth Management Plan's (GMP) CIE. The Remedial
Amendments to the CIE will be consistent with the conditions as set forth in the Compliance
Agreement. Given the aforementioned circumstances. if Collier County acted otherwise it would
result in creating an internal inconsistency with the GMP.
Therefore, as previously discussed between Collier County staff and DCA's staff, the Collier
County Board of County Commissioners is requesting that DCA continue to work with Collier
County in order to adopt the Work Plan as soon as practicable.
DCA's expeditious responses and professionalism is appreciated, as always, as we reach an
amicable solution without creating a monumental problem that would just be a by-product of the
time associated with an agreed upon Compliance Agreement, and the subsequent Remedial
Amendments, heard and approved by the Collier County Board of County Commissioners on
January 29, 2008.
Please' dill Rilndy Cohen, Comprehensive Planning Director, at 239-213-2903 if you have any
questi'iihS in 'respect to this correspondence.
~~:,<: ' ~? ~"\~ 1) >,
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Tom Henning
Commissioner, District 3
Item# IDE
Agenda /-Zt1 -of
Date
Date 3 -JI-Df
Rec'd
Prill! on pink paper i\Uach [0 miginal dncu1l1CIII ()r;gill,J] dOCLllllt:llls should h.: h;IIHI delivered [ollw Illl:ml nllice rile eomple!ed Hlllling slip arid original
dOCltll1ellfs an.: to he lill'warded !o ll1e Iln,II',] (lr!iL'c' un Iv arh'r [he 11(l,ml h:ls I;d'l'll ~ll"IiOI1 !III tilt' i!r.'tn.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dales, and/or infonnation needed, If lhe document is already complete with the
r h Ch' d
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
:~
exceptlOn 0 I e aIrman S slJ!nature, raw a line through routine: lInes #1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Iuitials Date
(List in routine: order)
1.
2.
3. /
4. Colleen M, Greene Assistant Couuty Attorue(~)\, \t CMG 01130/2008
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nomlal1y the primary contact is the person who created/prepared the
executive summary. Primary contact information is needed in the event one of the addressees ahove, including Sue Filson, need to contact staff for additional
or missing infonnation. All original documents needing the nee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to
approve the Item.)
Name of Primary Amy Lyberg, Interim Director Phone Number 774-8262
Staff Contact Human Resources
Agenda Date Item was January 29, 2008 Agenda Item lOR
Approved by the Bec Number
Type of Document Resolution Nn. 2008 - 4 A Resolutiou of the Board of Number of Original Ono(l)
Attached County Commissioners of Collier County, Florida, Documents
Establishing a Voluntary Separation incentive program Attached
and authorizing the County Manager to implement the
program in compliance with the County Manager's
Ordinance No, 93-72, as Amended, and the personnel
Ordinance No. 96-40 as amended.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
l. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attomey's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. AU handwritten strike-through and revisions have been initialed by the County Attorney's CMG
Office and all other parties excent the BCC Chairman and the Clerk to the Board
3. The Chainnan's signature line date has been entered as the date of BCC approval of the CMG
document or the final negotiated contract date whichever is applicable.
4. "Sign herel> tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are reauired.
5. In most cases (some contracts are an exception), the original document and this routing slip CMG
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on Januarv 29. 2008 (enter date) and all CMG
changes made during the meeting have been incorporated in the attached document.
The Countv Attornev's Office has reviewed the chanees, if applicable.
r: Formsl County Forms/ BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26,05, Revised 2.24.05
lOB
, ,
RESOLUTION NO. 2008-~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING A VOLUNTARY
SEPARATION INCENTIVE PROGRAM AND AUTHORIZING THE
COUNTY MANAGER TO IMPLEMENT THE PROGRAM IN
COMPLIANCE WITH THE COUNTY MANAGER'S ORDINANCE NO. 93-
72, AS AMENDED, AND THE PERSONNEL ORDINANCE NO. 96-40,
AS AMENDED.
WHEREAS, the Board of County Commissioners of Collier County Florida,
desires to create a Voluntary Separation Incentive Program for certain eligible County
employees;
WHEREAS, the Board of County Commissioners is committed to continued
efforts to identify cost-saving opportunities to and implement programs that will
successfully reduce recurring fiscal costs while minimizing the impact to County
employees and departments;
WHEREAS, the Board of County Commissioners has the exclusive authority to
establish personnel policies;
WHEREAS, the County Manager is authorized to implement the board's policies
and to create any necessary rules, practices and procedures for the administration of
the board's policies;
WHEREAS, the Board of County Commissioners desires to extend this
opportunity to employees in the County Manager's Agency and the County Attorney's
Office;
WHEREAS, the Board of County Commissioners finds that establishing and
implementing this Voluntary Separation Incentive Plan serves a valid public purpose.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
The Board of County Commissioners hereby establishes the Voluntary
Separation Incentive Program:
1. The Program is designed as a cost-saving opportunity for the County
Manager's Agency due to anticipated budget issues.
2. This Program will also be offered to the County Attorney's Office due to
anticipated budget issues.
VSIP Resolution
Page 2 of 3
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3.
This Program will only be available for a limited time frame, specifically
Thursday, January 31, 2008 to Monday, March 31, 2008. Employees must confirm
participation within this 60-day election period with the Human Resources Department.
Once enrolled in the plan, an employee will have a period of seven (7) calendar days in
which they may revoke their choice or amend their enrollment election. After the seven
(7) day revocation period ends, the employee's two week notice to separate from
County employment will start.
4. Program notice letters and required documentation will be provided to
eligible employees on or before Thursday, January 31, 2008.
5. Eligible employees are those regular full-time employees who meet the
eligibility criteria outlined by the Florida Retirement System (FRS) for Pension Plan
members, making them eligible to retire without penalty under the FRS. An employee
may participate in either the Pension or Investment Plan to be eligible. A more detailed
description of eligible employees is attached as part of the Program Definition and
Guidelines.
6. The benefit of this Program extends for three years. An eligible employee
may choose from three incentive options. The options include (1) County paid medical
and dental benefits for three years, (2) fifty percent of the cash equivalent of medical
and dental benefits for three years, or (3) a combination that will include medical and
dental insurance coverage for a period of one or two years, together with a partial cash
payment. (These options are more clearly defined and divided into five options in the
attached Program Definition and Guidelines.)
7. Eligible employees who elect to participate in the Program will be asked to
enter into an Agreement and Release with Collier County. The Agreement will include
the details of the Program and specifically identify and explain the benefit that the
employee selected under the Program. The Agreement will also include a Release as
required by the Age Discrimination in Employment Act (ADEA). This Release will place
the employee on notice of his/her rights under the ADEA and ask the employee to
consent that the Agreement and Release is entered into "knowingly and voluntarily."
8. The County Manager shall be authorized to sign the Agreement and
Release on behalf of Collier County.
VSIP Resolution 1 0 H
Page 3 of 3
9. This Resolution shall take effect immediately upon adoption.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this c;lCJ ~ay of J~ ,2008.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
~~ By -iHE~~AN
$1\illatU;<,~,()~1,'._~ '
Approved as to form and
legal sufficiency:
ea~m~
Colleen M. Greene
Assistant County Attorney
07-HUM-00036/2
Item #
loH
d.z.<llo't
Agenda
Date
u""""~_~--'
Date:
To:
From:
Re:
MEMORANDUM
March 15, 2007
Amy Lyberg, Interim Director Human Resources
Martha Vergara, Deputy Clerk
Minutes & Records Department
Resolution 2008-34
Enclosed please find one (1) copy of the original document, as referenced
above, (Agenda Item #10H), which was approved by the Board of County
Commissioners on Tuesday, January 29, 2008.
If you should have any questions, please call me at 252-7240.
Thank you.
Enclosures
lOH
1 Ou
t k
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners establish a Voluntary
Separation Incentive Program, empower the County Manager to implement the
program and authorize the Chairman to sign the enabling Resolution.
OBJECTIVE: To obtain approval from the Board of County Commissioners to establish a
Voluntary Separation Incentive Program, empower the County Manager to implement this
program, and authorize the Chairman to sign the enabling Resolution in an effort to assist the
County Manager's Agency in meeting its financial goals.
CONSIDERATIONS: The County Manager's Agency is committed to continuing efforts to
identify cost-saving opportunities and implement programs that will successfully reduce
recurring fiscal costs throughout the organization while minimizing the impact to our employees
and each operating department. This has been an issue of primary focus as we labor to meet
the mandates outlined in Tallahassee, requiring the County to enact budget cuts in FY2008 and
beyond. As a result, the County Manager has developed the Voluntary Separation Incentive
Plan with the intent of benefitting the organization as well as employees who elect to participate.
Over the years, the County Manager's Agency has provided a comprehensive benefit package
offering to its employees. Compensation is more than monetary, as it also includes medical,
dental and pension benefits that are afforded by employment with our agency. Under this plan,
the County will continue to pay the full premium costs for the individual employees' health and
dental benefits for a period of three years, or will provide a financial incentive in lieu of benefits if
the employee so chooses.
DEFINITIONS AND GUIDELINES: The option to join the Voluntary Separation Incentive
Program will be extended to any regular full time employee who meets the eligibility criteria
outlined by the Florida Retirement System for Pension Plan members, making them eligible to
retire without penalty under FRS. This does not mean that an employee must be a member of
the FRS Pension plan. The conditions for eligibility are being applied to determine the group of
employees who will be covered by this program offering. Based on current projections,
approximately 140 employees of the County Manager's Agency would be eligible to participate
in this program.
Eligibility for FRS Pension is defined as the following:
.:. Anyone enrolled in the Deferred Retirement Option Program (DROP).
.:. In Regular Class, Elected Officers Class and Senior Management Service Class
Pension (defined benefit) Plan, anyone age 62 with a minimum of 6 years of service, or
30 years of service at any age under these categories.
.:. In Special Risk Class Pension service, anyone age 55 with a minimum of 6 years of
special risk class service; OR anyone with 25 total years of special risk class service
AND age 52; OR 25 years of special risk class service regardless of age; OR 30 years of
any creditable service.
The structure of the plan is as follows:
Page 1 of 4
IOU
Ii
(1) The duration of participation in this plan is three years. Once an employee has
confirmed enrollment, he/she will begin a two week notice and will separate from service
with the County at the end of the notice period.
(2) While eligibility to participate in this program is determined by criteria outlined by FRS,
employees who elect to participate in this program are not required to retire under the
FRS Pension Plan or withdraw funds from their FRS Investment account.
(3) This will be a limited period, one time offering.
(4) Eligible employees may elect from three options: (1) Medical & Dental insurance
coverage for a period of three years, (2) an up front one-time cash payment in lieu of
three years of coverage, or (3) a combination of both insurance coverage and a cash
payment.
(5) Cash payments would be calculated by averaging the rates for single and family medical
plan premiums and averaging the rates for all dental plan premiums. Employees
electing a cash incentive in lieu of medical and dental coverage would receive a
payment equal to 50% of calculated value in each of these plans, less applicable payroll
taxes. Premium costs are defined as total combined costs for the employee and
employer portions of coverage for medical and dental insurance.
(6) A blended option will include medical and dental insurance coverage for a period of one
or two years, together with a partial cash payment. Cash payments will be made at the
time the insurance coverage ends.
(7) The employee will be able to continue health and dental insurance coverage at their
current participation level (Single or Family Medical and Single, Single +1, or Family
Dental) as of the date the program takes effect. If the employee has waived his/her right
to coverage by the County, he/she will have the option to elect medical & dental Single
Coverage (under the $500 deductible Medical plan and Basic Dental Plan) or take the
cash payment equal to 50% of calculated value as outlined in #5 above.
(8) If an employee becomes re-employed by the County during the three year period and is
covered by the County Benefit Plan, there will be no premium charges to the employee
until that period ends if he/she elects to be covered by Medical and Dental insurance. If
the employee elected the cash payment during that period, he/she would be eligible to
re-enroll under the benefit plan, but would be required to pay 50% of the Medical and
Dental premium costs.
(9) Employees who elect the insurance coverage for a period of three years, or a two year
period with a cash incentive for the third year will waive their rights to benefit
continuation under COBRA, as the offering period exceeds that required by COBRA
regulations. Employees electing a one year insurance coverage with two years of cash
incentives, or full cash incentive for three years will be eligible to continue participation in
the group insurance plan should they choose to do so under COBRA.
(10) Eligible employees will have a period of sixty (60) days in which to enroll. The
enrollment period for this plan will begin on Thursday, January 31,2008 at Bam and will
close at 5pm on Monday, March 31,2008. Once enrolled in the plan, an employee will
Page 2 of 4
- "-'--'_.._---,,_._._..,.__._.,...__._-~~_._- """"'-"'-'--'--."-'~'-"-'-"'--'- ,,~-.......--~_.,,----
lOH
have a period of seven (7) calendar days in which they may revoke their choice or
amend their enrollment election. After the revocation period. the election will stand, no
changes will be allowed, and the election is considered final. The date the election is
finalized will start the employee's two week notice ending their employment with Collier
County.
(11) Employees who are not eligible during the enrollment period under the conditions
outlined above, but who will meet the FRS criteria by June 30, 2008 may also elect to
participate in this program. In order to do so, the employee must provide written notice
of their intent to leave the County during the enrollment period (between 1/31/08 and
3/31/08), with a resignation date effective on or before June 30. 2008. Once they have
submitted their notice. they will be enrolled in the plan. After enrollment, the employee
will have a period of seven (7) calendar days in which they may revoke their choice or
amend their enrollment election. After the revocation period, the election will stand, no
changes will be allowed, and the election is considered final. For employees in this
group. the date on which he/she becomes eligible under FRS guidelines will start the
employee's two week notice ending their employment with the County.
(12) Eligible employees who elect to participate in the program will be asked to enter
into an Agreement and Release with Collier County. The Agreement will include the
details of the program and specifically identify and explain the benefit that the employee
selected under the program. The Agreement will also include a Release as required by
the Age Discrimination in Employment Act (ADEA). This Release will place the
employee on notice of his/her rights under the ADEA and ask the employee to consent
that the Agreement and Release is entered into "knowingly and voluntarily."
LEGAL CONSIDERATIONS: This program has been reviewed and approved by the County
Attorney's Office and for legal sufficiency.
FISCAL IMPACT: Fiscal impact for this program will depend on many factors, including the
number of employees who opt to participate, the salaries of these employees, whether the
employee elects benefits continuation or the monetary incentive, and other separation costs.
Based on current projections, approximately 140 employees of the County Manager's Agency
would be eligible to participate in this program. In order to address the potential impact, two
scenarios have been identified for review and are provided below for informational purposes.
The average salary for a full time employee, fully burdened, is approximately $71,500 per year.
Based on this figure, total burdened personnel services costs for a period of three years would
be $214,500. The average liability should an employee elect coverage under the Medical and
Dental insurance for three years would be approximately $12,200 per year, or $36,600 over a
period of three years. Under this scenario, the County Manager's Agency could realize a
personnel services cost savings of approximately $177,900 over a period of three years, or
$59,300 per year per participating employee.
If an employee elected the cash incentive plan in lieu of participation in the Medical and Dental
insurance program. the liability would be greatly reduced. Again. the total burdened personnel
services cost would be $214.500 for a period of three years. The value of the cash payment is
approximately $6,100 per year, which would provide the employee a one time payment of
$18.300, less applicable payroll taxes. Based on these figures, the County Manager's Agency
Page 3 of 4
10H
could realize a personnel services cost savings of approximately $196,200 over a period of
three years, or $65.400 per year per participating employee.
The figures above represent an estimated cost savings; employees electing to participate
will have several options available from which to choose, and actual cost savings to the
County Manager's Agency will vary based on the incentive option selected by each participant.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners will establish a Voluntary
Separation Incentive Program, empower the County Manager to implement this program and
authorize the Chairman to sign the enabling Resolution in an effort to assist the County
Manager's Agency in meeting its financial goals.
PREPARED BY:
Amy Lyberg, Interim Director, Human Resources
Page 4 of 4
10\
MEMORANDUM
DATE:
February 5, 2008
TO:
Lynn Wood, Contract Specialist
Purchasing Department
FROM:
Martha Vergara, Deputy Clerk
Minutes and Records Department
RE:
Contract: Website Design & Maintenance
Contractor: Miles Media Group, Inc.
Enclosed are one (1) original contract, as referenced above (Agenda Item
#101) approved by the Board of County Commissioners on Tuesday,
January 29, 2008.
The Finance Department and Minutes & Records Department have
retained original copies.
If you should have any questions, you may contact me at 252-7240.
Thank you,
Enclosures (1)
. ~J2~
x-/\\ D J (1q (j)<
~ ~y '-90\
101 l~~
ITEM NO.:
DATE RECEIVED:
FILE NO.:
ROUTED TO:
Of-I! Rc -()~ f? 3 l'
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
g
""
...,
rT1
<Xl
I
Date:
January 31, 2008
To:
Office of the County Attorney
Attention: Heidi Ashton
#0
From:
Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department, Extension 2667
Re: Contract: Change Order #4 "Tourism Website Design & Maintenance"
Contractor: Miles Media Group, Inc.
BACKGROUND OF REQUEST:
This Change Order was approved by the BCC on January 29, 2008,
Agenda Item 10.1
This item has not been previously submitted.
ACTION REQUESTED:
Change Order review and approval.
OTHER COMMENTS:
.,
Colleen, please forward to BCC for ~gnature after approval. If there
are any questions concerning the document, please contact me.
.,
Thank you.
C: Jack Wert, Tourism
:too
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CHANGE ORDER
CHANGE ORDER NO.
4
CONTRACT NO. 05-3772
BCC Date: January 15. 2008
Agenda Item: 16F1
TO: Miles Media Group. Inc.
6751 Professional Parkway West
Sarasota. FL 34240-2300
DATE: December 11. 2007
PROJECT NAME: Tourism Website Desian & Maintenance
PROJECT NO.: n/a
Under our AGREEMENT dated March 22
,2005.
You hereby are authorized and directed to make the following change(s) in accordance with terms
and conditions of the Agreement
Website improvements and enhancements to www.paradisecoast.com not anticipated in original
scope of work when the website was designed. Potential enhancements include:
. Website Enhancements
. Future enhancements based on individual project scopes
. Web Side Story tracking program
. Google Maps and Google Earth
. Blueway Website - Phase 2
. E-blast program (6 deployments)
. Remaining payments on initiai three year agreement
FOR THE (Additive) Sum of: Ninety seven thousand one hundred eiahty six dollars
($ 97.186.00 ).
Original Agreement Amount
$
$
$
$
51.120.00
97.186.00
92.220.00
Sum of Previous Changes
This Change Order (Add) (Deduct)
Present Agreement Amount
240.526.00
The time for completion shail be (increased/decreased) by 0 calendar days due to this
Change Order. Accordingly, the Contract Time is now () calendar days. The
substantial completion date is and the final completion date is Your
acceptance of this Change Order shall constitute a modification to our Agreement and will be
performed subject to all the same terms and conditions as contained in our Agreement indicated
above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out
of or related to the change set forth herein, including claims for impact and delay costs.
Revised 2/24/2005
AccePt~",J~~ . 2007
CONTRACTOR:
Miles Media Group
By: ~f',~J6~~
William Bartens, CFO
/,'
AT:J;ES'I:~
."
Dwight E. Br~,*, '$:lerk
AIt~ .e......
5 j Q/14turt. iOllIJ;;'
Approved as to Form and Legal
Sufficiency:
~~ A- Cto
Assistant County Attorney
,
Hlf>if::>/ /H;-HT\)N -[/(fO
Print Name
Revised 2/2412005
101 p~
OWNER:
By:
\\em#
\01
Agenda 1I2,qlc(
Date ~
~~~d ili\o'b_
~~
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10 '~~1"
MEMORANDUM
DATE:
February 25, 2008
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Ann Jennejohn, Sf. Deputy Clerk
Minutes and Records Department
RE:
Contract #05-3772
"Collier County Tourism
Website Design and Maintenance"
Contractor: Miles Media, Inc.
Enclosed please find three (3) original contract amendments as
referenced above (Agenda Item#10I) approved by the Board of County
Commissioners on Tuesday, January 29, 2008.
An original has been retained in the Minutes and Records Department and
one has been sent to the Finance Department.
If you should have any questions, you may contact me at 252-8406.
Thank you,
Enclosures (3)
101
\ ,f' ~
1 "
ITEM NO.:
DATE RECEIVED:
\.__, _' i'jL: (/~~"':
,liU;'JTY Ai~~,;?",
Vfll\'[:""l
FILE NO.:
ROUTED TO: 0 <3 - f'R c.." -- cO <;;.5~
DO NOT WRITE ABOVE THIS LINE
'l"'lf'r
iuu8F::-;..' '-,~
1...,) (v Al~ 8;:54
REQUEST FOR LEGAL SERVICES
Date:
February 22,2008
/\Q~
r)~/~
r<'0~
To:
Heidi Ashton
Assistant County Attorney
Lyn M. Wood, C.P.M, 4
Contract Specialist .
252-2667
From:
Re:
Contract Amendment #1 to Contract 05-3772 "Collier County Tourism
Website Design and Maintenance"
Contractor: Miles Media Group, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 29,2008; Agenda Item 10.I
This item has been previously submitted,
ACTION REQUESTED:
Contract amendment review and approval.
OTHER COMMENTS:
Heidi, this amendment is allowed under the present contract. After approval, please
forward to the Chairman of the BCC for signature, If there are any questions concerning
the document, please contact me, Thank you.
101
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND MILES
MEDIA GROUP, INC. (05-3772 COLLIER COUNTY TOURISM WEBSITE DESIGN AND
MAINTENANCE)
This First Amendment to the Agreement, made this ;Jq~day of JaVl ...ut....'1 , 2008,
(hereinafter referred to as "First Amendment"), is entered into by and between the Board of County
Commissioners of Collier County, Florida (hereinafter referred to as "COUNTY"), and the Miles
Media Group, Inc, (hereinafter referred to as "CONTRACTOR"),
WIT N E SSE T H:
WHEREAS, the COUNTY and CONTRACTOR entered into an Agreement dated March
22,2005 (the "Agreement") for the website design and maintenance; and
WHEREAS, the COUNTY and CONTRACTOR entered into Change Order No. I dated
September 28, 2005, Change Order No.2 dated May 10, 2006, Change Order No.3 dated May 8,
2007 and Change Order No.4 dated January 29,2008; and
WHEREAS, the COUNTY and CONTRACTOR desire to amend the terms of the
Agreement.
NOW, THEREFORE, in consideration of valuable consideration and the premises and
mutual covenants hereinafter set forth, the parties agree as follows:
I. Section 1 of said Agreement is hereby deleted in its entirety and the following
paragraph is inserted in its place:
COMMENCEMENT. This Agreement shall commence upon full execution of the
contract and upon the issuance of a Purchase Order, The initial contract shall be for
a one (1) year period. The County may, at its discretion and with the consent of the
Contractor, extend the Agreement under all of the terms and conditions contained in
this Agreement for five (5) additional one (I) year periods. The County shall give
the Contractor written notice of the County's intention to extend the Agreement term
not less than ten (10) days prior to the end of the Agreement term then in effect.
2.
and effect.
Except as set forth in this First Amendment, the Agreement shall remain in full force
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized officers and their official seals, hereto affixed the day and year first written
above.
DATED: d-~.)-5 -(:)ro&'
ATTEST:
DWIGHT E. BROCK, Clerk
'\', "
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~: ~ ~~'
AttHt.sto '..
11.....t.... Oftl-
By:
:i
.
Approved as to form and
leguCienCy:
aL A1lo \I
HeIdi Ashton-Cicko @
Assistant County Attorney
Item # j or
Agenda L- ~ -r\
Date 1---fL..J- V
Date .:l.......,.... -1""1
Rec'd V 0"0 U
WITNESSES:
(l)~~
signature
_L>~ '?-V\O~
Printedffyped Name
(2)8 10E~jOtA_
~ture .
cJ!o. H '~r\ 1 riD V
Printedffyped Name
CP:TDC\l111 Amend\MilesMediaGroup2008
10'
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CONTRACTOR:
MILES MEDIA GROUP, INC.
B~
S~HbJ B~(.Jt0
Printed/Typed Name
v,c.€ P4-SIO€-Nr fi f>u&..lSH~
Printedffyped Title
101
~ COLLIER COUNTY GOVERNMEN'r
Administrative Services Division
Purchasing Department
Contract Administration
Purchasing Building
3301 E. Tarniarni Trail
Naples, Florida 34112
Telephone: 239/252-2667
FAX: 239/252-6593
www.coIliergov.net
February 27, 2008
.I". .
Stephen Berlm
Mites Media Group,,Jnc.
6751 Professional Pkwy. West
Sarasota, FL 34240-8443
RE: First Amendment to Contract 05-3772 "Collier County Tourism Website Design and
Maintenance"
Dear Mr. Berlin:
We are pleased to enclose your copy of the fully executed above-referenced
amendment approved by the Collier County Board of County Commissioners on
January 29, 2008. If there are any questions, please do not hesitate to contact me at
239/252-2667.
Very truly yours,
',./ W d
~OOd, C.P.M
Contract Specialist
C: Bonnie Baer, Finance
j Clerk of Courts/Minutes & Records
101
, ~ /M'<
, ,
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND MILES
MEDIA GROUP, INC. (05-3772 COLLIER COUNTY TOURISM WEBSITE DESIGN AND
MAINTENANCE)
This First Amendment to the Agreement, made this ~qtl-> day of Jet V1 <W- ~ ' 2008,
(hereinafter referred to as "First Amendment"), is entered into by and between the Boar of County
Commissioners of Collier County, Florida (hereinafter referred to as "COUNTY"), and the Miles
Media Group, Inc. (hereinafter referred to as "CONTRACTOR").
W ITNES SET H:
WHEREAS, the COUNTY and CONTRACTOR entered into an Agreement dated March
22, 2005 (the "Agreement") for the website design and maintenance; and
WHEREAS, the COUNTY and CONTRACTOR entered into Change Order No. I dated
September 28, 2005, Change Order No.2 dated May 10, 2006, Change Order No.3 dated May 8,
2007 and Change Order No.4 dated January 29, 2008; and
WHEREAS, the COUNTY and CONTRACTOR desire to amend the terms of the
Agreement.
NOW, THEREFORE, in consideration of valuable consideration and the premises and
mutual covenants hereinafter set forth, the parties agree as follows:
I. Section I of said Agreement is hereby deleted in its entirety and the following
paragraph is inserted in its place:
COMMENCEMENT. This Agreement shall commence upon full execution of the
contract and upon the issuance of a Purchase Order. The initial contract shall be for
a one (I) year period. The County may, at its discretion and with the consent of the
Contractor, extend the Agreement under all of the terms and conditions contained in
this Agreement for five (5) additional one (I) year periods. The County shall give
the Contractor written notice of the County's intention to extend the Agreement term
not less than ten (10) days prior to the end ofthe Agreement term then in effect.
2.
and effect.
Except as set forth in this First Amendment, the Agreement shall remain in full force
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized officers and their official seals, hereto affixed the day and year first written
above.
DATED: d--d5-CJf!:E
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.G~
Atttst IS to'
11.-.tWoe MJ,
Approved as to form and
legal s fficiency:
Heidi Ashto -Cicko
Assistant County Attorney
101
~:~~
Signature
CONTRACTOR:
MILES MEDIA GROUP, INC.
--.l.- ?V\ ~ 'f1A 0 \te.-
Printedfryped Name
B~
.
(2) ?JlA~h\i1JJf\1rk
Signature .
f Y I rfu jf-, ~n H'J.ey
Printedfryped Name
~H~ /3~L'-V
Printed/Typed Name
0~ hEs'~ ~ ~&LI'"4t
Printedfryped Title
CP:TOC\ III Amend\MilesMediaGroup2008
....:
ORIGINAL DOCUMENTS CHECKLIST & ROUTING ~C"'\
. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
. Prim on pinJc paper. AltIdI to originll! A."....."'. Originll! A"..._.. should be IwId d.eJivered to tile Board Otlice. Thtccmplct=! lO1la.g ,Up and orilliunl
A~..... to bellxwm!ed.to tIlcBOOIdOf!ia: only!I!!ttllc BOOId has ..la::udum.OIltlleio:m.) . .. ..
. . . ROUTINGSLlP ." .
.Camplmo romiag Il=I 11 du:cagh 114 '" 'I'P"'!'ri= fur .",*ri~.1 ngDlllll:l:::, dale::, mdlar infumwionllCCded.lf tIlc d~,",is ah=dy ccmpleo: Mdt tIlc
don ot.tIlen..;,.""",., . dmn line dl%1lu IOlllia liacll 114, lmo tile c:llecklUt and!brward to SucR!!on (...,S).
Ro to Addressee(s) . Office' Initials Date
(List in Ill1l anler)',.._
1.
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lor
,
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2.
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3.
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4.
5. Sue FIlson, Exe.cuti'feManager
~---
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Board of County Commissioners
6. utes and Records
Cleric of Court's Office
PRIMARY CONTACT INFORMATION
(1'bo primary _ is tIlc _ of tIlc origillal documcII' pcadillg Bce approvaL NorlIIlIlIy tIlc primary COlIma is the p"'"'ou who =:m:dIprcparcd tIlc _ve
!1IIIlDl2rY. Primary = _all is accdz:d in tIlc evcut ODe of tIlc odd=!= :lbove, iI1cl11dlllg Sue Rl!oa. aced to """ma!l3ff for addilioaaL or o!i!!iIIll
_011. All origiIW doc:umcul! occdiug tIlc Bce Cha;"",,,'" signaOlle "" to be d.eJivcrod to tIlc BCe office ouly ofter <be BCe has :u:IlOd to approve tIlc
ib:m.)
Name of Primary Staff
ConlllCt
Agenda Dare Item wu
ved b the BCC
Type of Document
Attached
3"o.SOf'\ "B',res
Jo.l\\)a~ 29 200?;
A
Phone Number
Agenda Item Number
252. '61 \<:1
I
Number' of Original
Documents A=hed
INSTRUCTIONS & CHECKLIST
Initial the Y cs column or mark "NI A" in the Not Applicable column. whichever is
Yes
(Initial)
N/A(Not
licabIc)
1. Original documc:nt has bcc:n signcdfmitialcd for legal stifficicncy. (All documents to be
signed by the Chairman, with the exception of most IctlCr3; must be reviewed and signed :J"'" O.
l:iy the Office of the County Attorney. This includes signature pages from ordinances, D
resolutiollS, Cle. signed by the County Attorney's 0fIicc and signature pages from
contracts, agrecmc:nJ:3, e!C. that have bcc:n fully =utcd by all parties except the BCC
Chairman and Clerk to the Board and I Stale Official!.)
2. AU handwrittcn.strilcc-throogh and revisions have bcc:n initialed by the County I\ltorncy: s
Office and all other artics t the BCC Chairman and the Clerk to the Board
3. The Chaicpan's signature line clat.c has been entered a! the date ofBCe approval of the
docmnc:nt or the final nc tiatcd COntt3C! clat.c whichever is licable.
4. "Sign here" tabs arc placed on the appropriate pages indicating where the Chairman's
si and initials arc r
5. In ri10st cases (some contracts arc an exception), the original dccwnent and this routing slip
should be provided to Sue Filson in the BCC office within 24 00= ofBCe approval.
Some dcC1=",nts arc time sensitive and rcqnireTorwarding to T.llo"......, within a certain
time frame or the BCC's actions arc nullified. Be aware of our ,j...nHn..s!
6. The OO.-...n_n' was approved by the Bee aD . (enter date) and all changes
made dnring the meeting have been incorporated in the attached docnment. The
Conn Attorn '. Offi"" has reviewed the eo, if a licable.
.~
~
..,'
<3\3
~ FonmI Cowu:y FonmI Bce FonmI Original Docum=l! Rearing Slip WWS Criginll! 9.03.04. Revised 1.26.05. Rcvi=12.24.as
MEMORANDUM
Date:
January 30, 2008
To:
Jason Bires, Property Acquisition Specialist
Real Estate Services
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Agenda Item #16E6: Agreement-GAC Land Trust
Attached, please find one original of the document referenced above,
(Agenda Item #16E6), which was adopted by the Board of County
Commissioners on Tuesday, January 29, 2008,
After processing, please return the original document to the Minutes and
Records Department.
If you should have any questions, please contact me at 252-7240.
Thank you.
Attachment (1)
lor1
Jor
'l
AGREEMENT
THIS AGREEMENT made this 2Qday Of~, 2008 between COLLIER
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND
TRUST, (hereinafter referred to as "Trustee"), whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112. and the GOLDEN GATE FIRE DISTRICT, whose mailing address is 14575
Collier Boulevard, Naples. Florida 34119, hereinafter referred to as "District".
WHEREAS, Trustee has acquired 1 ,061.5 acres located in Collier County, Florida
(hereinafter referred to as "Property"), from Avatar Properties Inc. f/k1a GAC Properties Inc. in
accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier
County, (hereinafter referred to as the "1983 Agreement"); and
WHEREAS, pursuant to the 1983 Agreement, the Property deeded to Trustee and/or the
monetary proceeds acquired from the subsequent sale of said Property are to be used to provide
governmental facilities within and for the geographical area known as "Golden Gate Estates"; and
WHEREAS, Trustee currently has funds derived from the use and/or sale of a portion of the
above-described Property; and
WHEREAS, the District is requesting funds from the GAC Land Trust to purchase six
weather stations to be placed at six of the fire stations in the Golden Gate Fire Control and Rescue
District as well as the Big Corkscrew Island Fire Control and Rescue District; and
WHEREAS, Trustee has determined that District's request is in accordance with the intent of
the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by
providing funds for weather stations to assist the Districts in their service to the residents of Golden
Gate Estates; and
WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated m,
approving the use of Land Trust Funds fund the purChase of the weather stations for use by the
District; and
WHEREAS, the District intends to utilize the weather stations in the upcoming fire season.
NOW THEREFORE, in consideration of the above premises which are incorporated within
and made part of this Agreement, and in further consideration of the mutual covenants set forth
below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just
and adequate, the parties hereto do agree as follows:
1. The Trustee agrees to contribute a maximum of fifty-four thousand and no/100
dollars ($54.000) to be expended by the District for the purpose of purchasing six weather stations.
2. The District agrees and warrants that the Funds will be used solely for said purChase
to provide accurate and up to date weather information to provide service to the residents of Golden
Gate Estates
3. The District hereby agrees that the purchase of the weatherstations shall be
conducted in a manner consistent with the Board of County Commissioner's purchasing policy and
in proper coordination with the County's Purchasing Department prior to the ordering or receiving of
any goods or services purchased under this Agreement.
4. Payment of the Funds to the District for purchase of the weather stations shall be in
accordance with the following:
A. The Trustee shall make available the Funds ($54,000) for the purchase of the six
weather stations following approval by the Board of County Commissioners, Collier County, of this
Agreement. Said payment shall be made within thirty (30) days of receipt of appropriate verification
as stated below by the Trustee, with copy to the Real Estate Services Department Director, of said
verification.
B. The District or its designee, shall: (a) provide Real Estate Services Department
Director, copies of all invoices, purchase orders or other documentation which shall clearly state the
purposes of said expenditure. Only those invoices which clearly stated expenditures associated
with the purchase of the weather stations shall be approved. Payment(s) shall be approved upon
satisfactory review by the Real Estate Services Department Director and shall be made payable
directly to the appropriate vendor. (b) A letter from the District, signed by the Chairperson, stating
that the purchase has been received and accepted in good order and directing the County to pay
directly to the vendor. on behalf of the District, each invoice for purposes specified in paragraph 1.
In no way shall the amount to be paid exceed $54,000.
/o;i 1
C Within thirty (30) days after receipt and approval of the above described
documentation, a County warrant for payment shall be prepared and made payable to the vendor
and shall be forwarded directly to the vendor by the County.
D Upon completion of the purchase of the six weather stations, the District or its
designee shall (1) promptly forward a letter to the Trustee stating that all money from the GAC Land
Trust has been used for the purpose of purchasing the six weather stations and that all payments
have been disbursed in accordance with the Agreement; and (2) refund to Trustee any and all
funds, or any portion thereof, not utilized for said purchase shall be deposited directly into the GAC
Land Trust Fund 605.
E. The District covenants and agrees that upon the payment of all or any portion from
the funds in accordance with the obligation contained in this Agreement it shall be the further
obligation of the District to pay any remaining balance required for the purchase of the six weather
stations.
F. All funds requested, in accordance wit this paragraph shall be disbursed within twelve
(12) months of the execution of this Agreement by both parties. In the event that the six weather
stations are not purchased and installed by the District within twelve (12) months from the execution
of this Agreement. it is understood and agree by the parties that the District shall refund or repay to
Trustee, within thirty (30) days, any and all funds which have been provided to the District pursuant
to the provisions of the 1983 Agreement.
5 The District agrees to protect, defend, indemnify and hold the Trustee harmless from
any and all claims, actions, causes of action or liabilities including attorney's fees and costs arising
from or in any way connected with the use of the funds or the selection, purchase, delivery or
installation or use of the six weather stations by the District, its agents, employees, or in any way
related to the weather stations by the District, its agents, employees or any third party.
6. The District understands and agrees that the funds to be provided to Collier County in
accordance with the terms of this Agreement have been derived from and are being provided solely
for the sale and/or use of a portion of the Property conveyed to Collier County pursuant to the 1983
Agreement administered and managed by the County for the GAC Land Trust and that such funds
are currently in Fund 605-122390 (The GAC Land Trust Sales Fund).
7. The District agrees that the following purchase of six weather stations shall be used
primarily for servicing the geographical area commonly known as "Golden Gate Estates".
8
of Florida.
This Agreement is governed and construed in accordance with the laws of the State
9. Any notice required by this Agreement shall be addressed to the parties at the
address set forth below:
IF TO THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT:
Golden Gate Fire Control and Rescue District
14575 Collier Boulevard
Naples, FL 34119
IF TO THE TRUSTEE
Collier County
c/o Real Estate Services Department
Administration Building
3301 Tamiami Trail East
Naples, FL 34112
10. In the event that the Equipment ceases to be utilized by the District as described in
Paragraph 2, the District agrees that the District shall pay to the County, within thirty (30) days, an
amount equal to the fair market value of the Equipment as of the date the Equipment ceases to be
used by the District as described in Paragraph 2. The fair market value shall be determined by a
third party, selected by the County, who is determined to be qualified to establish the valuation of
said Equipment or upon mutual agreement of County and the District.
11. This Agreement represents the entire Agreement between the parties, and no
promise, representation, warranty or covenant not included in this Agreement or any such
referenced agreements has been or is being relied upon by either party. No modification or
amendment of this Agreement shall be of any force or effect unless made in writing and executed
and dated by both parties.
{oS-
IN WITNESS WHEREOF, District and Trustee have caused this Agreement to be duly executed on
the day and year first above written.
AS TO TRUSTEE: ..' <g
DATED: '~II""\ ~. ~
ATTEST:' '. . ,
D~HT E. BROCKi Clerk
~~
A . M'UGai' ,
s 1 QlldtUN! on 1- '
.
By: ,
TOM \.\QN\~t'\3, C.h4It'MC4
/
AS TO GO 'EN GATE FIRE CONTROL
AND RE UE DISTRICT
DATED: .1&01-
ATTEST., .
D~~ary ----
GOLDEN GATE FIRE CONTROL AND
RESCUE D ~.T i%1.CT./ .' /
. / 1. //.Vp--
By ~ / ,Ii e// ~//
CHUtKMCMAHON, Chairman
Approved as to form and
legal sufficiency:
Jl\{ A/ll(O
Heidi F. Ashton - Cicko
Assistant County Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1'''1 f),! 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO . \.., '.
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. l11e completed routing slip and original
documents are to be torwarded to the Board Office only after the Boal"C has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's signature, draw a line throuah routinp' lines #1 thrau""}, #4, co-mnlete the checklist. and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routinu order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the
item.)
Name ofPrinlary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda nem Number
Number of Original
Documents Attacbed
&Sq- 5 7 L I
I !P I
I
AP
NA
fW
-kP
A9
llA.l1' D(J
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other aTties exc t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aw e of our deadlines!
The document was approved by the BCC on I O~ (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a Iicable.
I: Forms! County Fonns! Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
MEMORANDUM
Date: January 29,2008
To: Amy Patterson
Impact Fee Manager
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Agenda Item #16Al; Trade and Economic Development
Resolution 2008-19
Enclosed please find the original document (Agenda Item #16Al) as
referenced above, which was approved by the Board of County
Commissioners on Tuesday, January 29, 2008.
If you have any questions, please call me at 252-7240.
Thank you.
Enclosure
16 '
..
I
....
16 1
RESOLUTION NO. 08-1.L
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
SUPPORTING lNOVO lNCORPORA TED AS A
QUALIFIED APPLICANT IN THE QUALIFIED TARGET
INDUSTRY (QTI) TAX REFUND PROGRAM PURSUANT
TO SECTION 288.106, FLORIDA STATUTES; PROVIDING
FOR FOUR ANNUAL PAYMENTS FOR A TOTAL
APPROPRIATION OF $25,600.00 AS THE LOCAL
PARTICIPATION MATCH FOR FISCAL YEAR(S) 2009
THROUGH 2012; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the business under consideration IS a medical device manufacturing
company, specifically, Inovo Incorporated ("Inovo"); and
WHEREAS, (novo currently has its corporate headquarters and a manufacturing facility
in Collier County, Florida; and
WHEREAS, [novo intends to acquire a complimentary California based company and is
considering relocating said company to Collier County, Florida; and
WHEREAS, it is policy of the State of Florida and Collier County to encourage the
growth of high value-added employment and the economic base by providing tax refunds to
qualified targeted industries that create high-wage job opportunities; and
WHEREAS, the State requires the applicant requesting certification as a qualified
targeted industry business to provide, among other things, a resolution adopted by the Board of
County Commissioners of the county in which the proposed project is to be located,
recommending that the target business be approved as a qualified target industry and confirming
that the necessary commitment of local financial support for the target industry exist; and
WHEREAS, this incentive will provide an inducement for Inovo to relocate this
acquired business to Collier County; and
WHEREAS, to qualify for the Qualified Targeted Industry (QTI) Tax Refund Program, a
participant must create 10 new jobs or not less than a 10% increase in employment for an
expansion of an existing business; and
WHEREAS, Inovo has committed to creating up to 32 net new jobs in Collier County by
September, 2008, with a required minimum average wage of $58,157.00, which is 150% of the
Collier County's 2006 average wage; and
WHEREAS, to qualify for this program, Enterprise Florida, Inc., will confirm with the
Governor's Office of Tourism Trade and Economic Development (OTTED) about the Qualified
Targeted Industry (QTI) Tax Refund Program that they agree the project is eligible for QTl tax
refunds up to $128,000.00 (including local match).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners hereby recommends that Inovo be approved as a
Qualified Target Industry Business pursuant to Section.288.106, Florida Statutes, and
Page lof2
16
1~
BE IT FURTHER RESOLVED that the County has reviewed the public resources for
local financial support and determined that the County can provide the necessary commitment of
local financial support for Inovo as a Qualified Targeted Industry Business, in the amount of up
to $25,600.00; that this amount will therefore be so encumbered, and shall be made available for
payment from future revenues generated from the projected ad valorem taxes collected as a result
of this project. Payment is proposed to be made in the following increments: FY 2009-
$6,400.00, FY 2010-$6,400.00, FY 2011-$6,400.00, and FY 2012-$6,400.00 Monies are to be
paid to the Florida Economic Development Trust Fund with the stipulation that these funds are
intended to represent the "local participation" required by Section.288.106, Florida Statutes. The
necessary commitment of local financial support shall be contingent on Inovo maintaining the
jobs during the life of the incentive and ensuring that its hiring practices are consistent with and
reflect the diversity of the Collier County community.
This Resolution adopted after motion, second and majority vote favoring same, this
c1Q*'
day of 34() UG,(j- 2008.
ATTEST:
DWIGHT E ~OQK,CLERK
~. ~.'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By ~ Ai .
Tom~Henning ~
Approv d as'to form
and Ie I sufi ic' ncy:
tzkow
t County Attorney
Page 2 of 2
~::-- ~leA\. ...
I; 'ICe Ju \ 1181&6
I", ,. _d k~l Efb ~
~'
~:;;~G:-I~!Clk, ,I
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
':1
~
,'.,'
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exee tion of the Chairman's si nature, draw a line throu h routin Hoes # I thrall h #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
List in muHo order
1.
2.
1/~ll. 1)
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BCe has acted to approve the
item.
'()'
KO::: $' k
1(,.. - 2.
N/A(Not
A licable)
~41
/'
JA\
JJl
,,/'
N/A is not
an option for
line 6.
I: Forms/ County Forms/ Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Number of Original
Documents Attached
Phone Number
Agenda Item Number
./'}o
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Omce and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on I 0 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
16A 2
RESOLUTION NO. 08-~
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN HERITAGE
GREENS, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 28,
PAGES 78 THROUGH 94; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPT ANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
HERIT AGE GREENS COMMUNITY
DEVELOPMENT DISTRICT
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
March 25, 1997 approved the plat of Heritage Greens for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Heritage Greens, pursuant to the
plat thereof recorded in Plat Book 28, pages 78 through 94, and the Clerk is hereby
authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Heritage Greens Community
Development District.
This Resolution adopted after motion, second and majority vote favoring same,
this ~q'" day of~, 2008.
DATE: '."
ATTEST: .' .
njV"IGBT E. &RPC~, CLERK
,
.tt..rt ~ to
Slq;l_.. C;':~ j ..
BOARD OF COUNTY COMMISSIONERS
COLLIER 7TY, FLORIDA .
By: J~
TOM HENNIN , CHAIRMA
",
Approved as to form and legal
sufficie cy:
fie",#
~ ,: i~,-,;:a
ii f). "
~ "'<"J d
\(0"'1--
\ \181o'l.
Jl~i
Jeff. right
Assist nt Collier County Attorney
3
"'1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 ^
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO '
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed rouling slip and original
documents are to be forwarded to the Board Office only ~ the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the
exee tion of the Chairman's si nature, draw a line throu h routin lines #1 thrau h #4, com lete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
(List in routln order
l)d-'l Nf
(The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
y ~:}" 1-
lto. A'~
)
JU
/'
J<fJ
~HJ
--
N/A is not
an option for
line 6.
I: Forms! County Forms! Bee Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
~-2.-1
Number of Original
Documents Attached
,,J
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attomey's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attomey's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines~
The document was approved by the BCC on 0 (enter date) and all changes
made during the meeting have been incorpora ed to the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
16j~ 3
RESOLUTION NO. 08-~
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN GREY OAKS
UNIT NINETEEN, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 35,
PAGES 47 THROUGH 48; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPT ANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
GREY OAKS HOMEOWNERS' ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
September 12, 2000 approved the plat of Grey Oaks Unit Nineteen for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Grey Oaks Unit Nineteen,
pursuant to the plat thereof recorded in Plat Book 35, pages 47 through 4S, and the Clerk
is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Grey Oaks Homeowners'
Association.
This Resolution adopted after motion, second and majority vote favoring same,
this ~q~l\ day of -:ro.t\lAfJI(~ ' 200S.
, ,
PATE:
'ATTEST:
PWIGHT E.&ROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIE7UNTY, LORIDA.
By: .:J1rL-
TOM HENNING, CHAIRM
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Approved as to form and legal
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16B2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to nriginal dOLlllllUl1. Original docul11ents Slhl\lld be hand delivL'n;(lln the flo:.lrd Office Ihe completc(j rouling slip and original
documents arc to he forwarded to the Board (jIlin: \l111y aflt.'r llw Iluurd has taken action ()I~ the itt:lTl)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exc tion of the Chainnan's 5i nature, draw a line thrau h routin lines # [ throu h #4, co lete the checklist, and forward to Sue Filson (line #5 .
Route to Addressee(s) Office Initials Date
List in routin order)
l.
2.
3.
4. Colleen M. Greene
Assistant County Attorney
G
02/22/2008
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bce approval. Normally the primary contact IS the person who created/prepared the
executive summary. Primary contacl information is needed in the eVlllt one of the addressees above, including Sue Filson, need to contact slatY for additional
or missing information. All original documents needing the BC(' ('hairman's signature are to be delivered 10 Ihe Bee office only after the Bee has acted to
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approve t e Item.
Name of Primary Brenda Brillhart, Purchasing Agent Phone Number 252-8446
Staff Contact
Agenda Date [tern was January 29, 2008 Agenda Item 16.B.2
Approved by the Bee Number
Type of Document Contract: #08~S02S ,. Palm River Estate Unit S-lmperial Number of Original Two (2)
Attached Golf Estates Unit 4 Stormwater Improvements Documents
Contractor: Stahlman-Enl!land Irril!ation Inc, Attached
INSTRUCTIONS & CHECKLIST
Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is Ves N/A(Not
appropriate. (Initial) Applicable)
I. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possiblv State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG
Office and all other parties excent the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the CMG
document or the final neootiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are reouired.
5. In most cases (some contracts are an exception), the original document and this routing slip CMG
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCCs actions are nullified. Be aware OfVOUI deadlines!
6. The document was approved by the BCC on Januarv 29. 2008 (enter date) and all CMG
changes made during the meeting have been incorporated in the attacbed document.
The County Attorney's Office has reviewed the chanoes, if aDDlicable.
I: Forms/ County Forms/ Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
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MEMORANDUM
Date:
February 25,2008
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Ann Jennejohn, Sr. Deputy Clerk
Minutes & Records Department
Re:
Contract #08-5025:
"Palm River Estate Unit-5 Imperial
Golf Estates Unit 4 Stormwater Improvements"
Contractor: Stahlman-england Irrigation, Inc.
Attached please find one (1) original contract document, as referenced
above, (Agenda Item #16B2) approved by the Board of County
Commissioners on Tuesday, January 29, 2008.
The second original contract has been retained in the Minutes and
Records Department and will be kept as part of the Board's permanent
record.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachments (1)
ITEM NO.:
DATE RECEIVED:
16B2
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FILE NO.:
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DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
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Date:
February 19, 2008
To:
Robert Zachary
Assistant County Attorney
From:
Brenda Brilhart
Purchasing Agent
239~252-8446
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Re:
Contract #08-5025 Palm River Estates Unit 5-1mperial Golf Estates Unit 4
Stormwater Improvements
Contractor: Stahlman-England Irrigation Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 29, 2008; A
16.B.2.
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval
OTHER COMMENTS:
Pie
MEMORANDUM
TO: Jeff Walker
Risk Management Department
FROM: Brenda Brilhart
Purchasing Department
DATE: February 19, 2008
RE: Review of Insurance for Contract No. 08-5025 Palm River
Estates Golf Estates Unit 4 Stormwater Improvements
Contractor, Stahlman-England Irrigation Inc
16B2
This Contract was approved by the BCC on January 28, 2008;
Agenda Item 16.B.2
Please review the Bonds and Insurance Certificate in this Agreement
for the above-referenced contract. If everything is acceptable, please
forward to the County Attorney for further review and approval. Also
will you advise me when it has been forwarded. Thank you. If you
have any questions, please contact me at extension 8446.
Palm River Estates Unit 5 - Imperial Golf Estates Unit 4
Stormwater Improvements
COLLIER COUNTY BID NO. 08-5025
COLLIER COUNTY, FLORIDA
Design Professional:
Q. Grady Minor & Associates
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
16B2 '
16B2
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT 0: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Q. Grady Minor
and identified as follows: Palm River Estates Unit 5 - Imperial Golf
Estates Unit 4 Stormwater Improvements
as shown on Plan Sheets 1 through 13.
EXHIBIT N: Contractor's List of Key Personnel
16B2
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Palm River Estates Unit 5 - Imperial Golf Estates Unit 4
Stormwater Improvements
COUNTY BID NO. 08-5025
Separate sealed bids for the construction of Palm River Estates Unit 5 - Imperial Golf
Estates Unit 4 Stormwater Improvements, addressed to Mr. Steve Carnell, Purchasing
Director, will be received at the Collier County Government Complex, 3301 Tamiami
Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until
2:30 P.M. LOCAL TIME, on the 20th day of December 2007, at which time all bids will
be publicly opened and read aloud. Any bids received after the time and date specified
will not be accepted and shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 7th
day of December 2007, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Palm River Estates Unit 5 - Imperial Golf Estates Unit 4
Stormwater Improvements, Bid No. 08-5025 and Bid Date of December 20, 2007. No
bid shall be considered unless it is made on an unaltered Bid form which is included in
the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-12) shall be removed
from the Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined at the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida
34112.
Copies of the Bidding Documents may only be obtained at the Collier County
Purchasing E-Procurement site: www.collierQov.netlbid. Bidding Documents obtained
from sources other than Collier County Purchasing may not be accurate or current.
The following plan room services may have obtained copies of the Bidding Documents
for the work contemplated herein:
McGraw-Hili Construction Dodge
2830 Winkler Avenue, Suite 104A
Ft. Myers, FL 33916
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
GC-PN-1
16B2
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within seventy five
(75) calendar days from and after the Commencement Date specified in the Notice to
Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 20th day of November 2007.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Isl Stephen Y. Carnell, C.P.M.
Purchasing and General Services Director
GC-PN-2
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PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
GC-IB-1
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location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Reauirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. RiQht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
GC-IB-2
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Section 5. Sianina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
GC-IB-3
1682
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Reauirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
GC-IB-4
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Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
GC-IB-5
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Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
GC-IB-6
16B2
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
GC-IB-7
16B2 1""1
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Palm River Estates Unit 5 - Imperial Golf Estates Unit 4
Stormwater Improvements
BID NO. 08-5025
Full Name of Bidder S'/-t.-/-I!.m eLf; - !:;) '1 c!,:f.Oc;(.7i-rfCj'Ci 'konLQ .
Main Business Address Jbc;,;5/rade C~n tkr' 0~t_Lj I N~/"~SI rL
.
Place of Business
Telephone No. ::1:3<1- 51..} - / co100 Fax No. J<SCi -.::TI....j-/ /9/
State Contractor's License # Cue /;;,.:< 4-<-17 {-
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
GC-P-1
BID SCHEDULE
Palm River Estates Unit 5 - Imperial Golf Estates Unit 4
Stormwater Improvements
Bid No. 08-5025
Bid Schedule Provided Under Separate File
GC-P-2
1682
BID 08-5025
Palm River Estates - Imperial Golf Estates Stormwater Improvements
16B2!~
Quantity Unit Unit Price Total
TRACT C LAKE MODIFICATION
1 Mobilization/Demobilization 1 LS $11,681.76 $11,681.76
2 Stormwater Pollution Plan 1 LS $8,323.61 $8,32361
3 Project Sign 1 LS $1,422.11 $1,422.11
4 Clearing and Grubbing 1 LS $7,352.96 $7,352.96
5 24" Culvert Abandonment 500 LF $45.12 $22,559.88
6 15" CMP Removal 20 LF $98.72 $1,974.49
7 Storm Structure Removal 2 EA $797.06 $1,59413
8 Ditch Bottom Type C 2 EA $2,028.63 $4,057.25
9 FOOT Headwall 1 EA $3,416.46 $3,416.46
10 24" RCP (HOPE Alternative) 240 LF $83.17 $19,961.91
11 15" CMP (HOPE Alternative) 20 LF $84.61 $1,692.29
12 24" Rip Rap Blanket 50 SY $117.09 $5,854.42
13 Lake Bank Reconstruction (2 Locations) 1 LS $8,393.35 $8,393.35
14 Concrete Curb/Gutter Reconstruction 1 LS $3,928.28 $3,928.28
EXISTING CHANNEL IMPROVEMENTS
1 Mobilization/Demobi I ization 1 LS $14,938.76 $14,938.76
2 Stormwater Pollution Plan 1 LS $9,294.14 $9,294.14
3 Clearing and Grubbing (75' Easement) 1 LS $7,913.42 $7,913.42
4 Existing Imperial Golf Fence Removal 1,360 LF $16.09 $21,87808
5 Channel Realignment/Construction 1 LS $25,733.54 $25,733.54
6 Stabilized Access way 1,260 LF $40.55 $51,093.79
7 Dual 48" RCP Culvert with MES 1 LS $27,483.73 $27,483.73
8 24" RCP 1 EA $6,175.59 $6,175.59
9 Ditch Bottom Type C 1 EA $3,957.06 $3,957.06
10 Valley Gutter 24 LF $167.44 $4,018.61
11 Access Gate and Fence 1 LS $2,057.06 $2,057.06
12 Headwall Removal/18"RCP Adjustment 2 EA $1,170.66 $2,341.32
13 24" Blanket 670 SY $49.25 $32,996.85
Bid Alternate No.1: 8" Water Main
Relocation if required
70 LF
$79.77 $5,584.03
Bid Alternate No.2: Reinstallation of Chain
Link Fence at North Side of Easement
(Imperial Golf Estates)
1,360 LF
$17.26 $23,476.26
1682
MATERIAL MANUFACTURERS
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL MANUFACTURER
1. RCP Pipe Rinker CSR Hvdro CSR Hvdro Conduit
Conduit
2. Old Castle (PreCast Structures) Old Castle
3. Cement / Concrete Cemex
4. PVC Pipe / Fittinq Mainline
5. Road Base / Beddinq Rock Preferred Rock. LLC
BY:
.:5/.+-J..J?..rn&.fJ - [;19 (j,j...nd Irr/9<1.. ok;)Z, .z.:rc-
.A B~~
IJ/~~ ~
tY
Dated /;( -;JCJ .() 7
GC-P-3
1682 '~l
LIST OF SUBCONTRACTORS
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
1.
CateQorv of Work
Concrete Curbs
Subcontractor and Address
Tincher Concrete, Ft. Myers, FL
2.
Asphalt Repairs
Better Roads, Naples, FL
3.
Silt Fence/Geoweb
R.H. Moore, Tampa, FL
4.
5.
Dated /~/~o 101
,
~~l etY1(LI1-[!K:J(j~/l0{.z;-nc; '- i/urn 1.Jic
Bidder
BY: I!/~~
GC-P-4
16B2 '"~1
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
Reference
1.
Treviso Bay/TPC of Naples
Ryan Golf, Larry Hushes
2.
Cape Coral Multi Sports
City of Cape Coral
3.
Red Sox City of Palms Park
Centex-Roomey
4.
Charlotte High School
Dell (Sports Turf One)
5.
Wellington Golf & Country Club
Wellington Golf
6.
Banyon Trace Golf Club of Cape
Coral
RLD Homes of SWFLA
Dated /,;J,-AQ-()1
-.S"We/YiCL/7 ..[-/;qr&/Jd .z;-,1'Cf~rkt;7'7,.z;;e.
Bidder '
BY: '&AY~C)----
GC-P-5
1682 .-1
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety Units of Unit Unit Extended
Measure Measure (Quantity) Cost Cost
(Description ) (LF,SY)
48" LF 130 1.00 130.00
1.
24" LF 65 1.00 65.00
2.
3.
4.
5.
TOTAL
$
195.00
Failure to complete the above may result in the Bid being declared non-responsive.
Dated 1cl./cfl.ojo7
:5/-J.J-- f.. ma/J .c!3;q 0-.nd IrrICjav..o:}A...-
Bidder' -LnC
BY: ~~ ~
GC.P-6
16B2 ~
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within sixty (60) consecutive
calendar days, computed by excluding the commencement date and including the last
day of such period, and to be fully completed to the point of final acceptance by the
Owner within fifteen (15) consecutive calendar days after Substantial Completion,
computed by excluding commencement date and including the last day of such period.
Respectfullv Submitted:
State of FLondLc
County of (/()II/<2.t::..-
T 7 Ie.. rP<2.r f !:~'1 eClad.. , being first duly sworn on
oath deposes and says that tlie Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
T jJ~rb<Lrf f?nq[cuu;( , also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
GC-P-7
1682
(a) Corporation
The Bidder is a corporation organized and existing
F2.c>nd..tL. , which operates under
.s~/...e.rn(U7 - 6ic!r2ti.r'a. .2Jn<jd iJ'''FI lLl".
officers are as follows:
under the laws of the State of
the legal name of
, and the full names of its
President T ,J.rprz.rf GJ'-I (!AOc(
Secretary I )}a.r,( S S-/'J/.. J.... (lola..n
Treasurer T MrL)<"f E;;q (!anc(
Manager /-')r/...r-,C S S-/..;...,- (!nJa-o
The ::.]: ~r be.r fc::~)c( (",-rid is authorized to sign construction bids
and contracts for the company by action of its Board of Directors taken
/:Z/;2.:<. /'11 , a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
DATED
legal entity
GC-P-8
1682
,
-.-,
AJ. Ja/LSLv-Cu- 01-
i'
, .'.t!j /tL:~
Wit ss
BY:
Po. {.., K,n ,Iir (
f7~LrtrJ~() _C?~O
Title
STATE OF ("[DK ,t>A
COUNTY OF CDLl le"1!..
The foregoi'"1~ instrument was acknowledged before me this 2tJ14 day Of!:J~&1L
2007, by J Ii:. tJtJ/,UWIJ , as c.tJ-il-1tz~
of S-rA-1+t.fI!,MJ -ciJbL.iiW/) ;ru~itfk,J , a corporation, on
behalf of the corporation. cHejshe is personally kn~lJ.. to me or has produced
- - ~~_.-------- as identification
and did~i~~~ke an oath.
My Commission Expires:
(Legibly Printed)
i-)"'-l'{"-~'l-+:(> 1\. Nl.'".
.. l -....,"'-' ........ .' .
ConJIrjssJOn #DD406386
b.pires: Marn, 2009
Bondl'd "Ibru
,'Hl<mtic Bonding 01., il1C
NAME:
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
GC-P-9
1682
I
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we
Stahlman-England Irrigation. Inc.
North American Specialty Insurance Company
(herein called the Surety), a corporation chartered and existing under
State of New Hampshire with its principal offices in the city of
and authorized to do business in the State of FLORIDA
firmly bound unto the Collier County Board of County Commissioners
(hereinafter called the Owner), in the full and just sum of
_n_ Five Percent of the Amount Bid ---- dollars ($ 5% )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
(herein after called the Principal) and.
,
the laws of the
Manchester
are held and
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as
Palm River Estates Unit 5 - Imperial Golf Estates Unit 4
Stormwater Improvements
Bid No. 08-5025
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $5% of Amount Bid noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect.
GC-P-10
16B2
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this 20th day of December , 2007.
Countersi
Principal
BY
(Seal)
Surety
(Seal)
North American Specialty Insurance Company
Inquiries: (407) 834-0022
GC-P-11
1682 i':~
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City ofItasca,
Illinois, each does hereby make, constitute and appoint
J.W. GUIGNARD, BRYCE R. GUIGNARD, M. GARY FRANCIS, PAUL J. CIAMBRIELLO,
APRIL L. LlVEL Y. JENNIFER McCART A, BREIT RAGLAND and MARGIE MORRIS
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature ofa bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or pennitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24th of March, 2000:
"RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Powerof Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
!}~~J1J~{\ By tMz- /J~~;iO~~~~
~ ~ { SEAL \ n g Steven P. Andenon, President & Chief Executiye Omter of Washina:ton Internatlonallnlurante Company & " CORPORATE)\~ ~
\~\\. UI73 !lJj8j Vice Prealdent of North Amerlnn Spedally InlurlnceCompany i;~ SEAL ;=
~~\. Jt~M'l"~""~~ I 'ors."'A.' AAllOttA.1'~i
~~~",,,,,,,'~-:"~b .#? ~ \..-'" ......... ~-~~~
It/;", ON. ""I"~~~ ~~ ."..._ ........ * .,~~'
.tll"nlllllll\"\'~ . . - ...."".."...'.
By
Dnld M. Layman, Vice President O(Wuhinlton Intemaliona! Insunmce Company &.
Vice Pmident ofNorlh American Spedally Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 12th day of March , 20~.
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page
ss:
On this 12th day of March , 20~ before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me. who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
"OFFICIAL SEAL"
SUSI<N ANSEL
NotaryPtAllic, Sll1eoU1ir'(is
My Commlnion ~r..ll612OO8
,L~
/
{4~
Susan Ansel, Notary Public
t, James A, Carnenter ,the duly elected Assistant ~ecretarv of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF. I have set my hand and affixed the seals of the Companies this 2 0 day of December. 20 0 7 .
~yJ-~~
Jame. A. Carpenter, Vice Presidenl & As.islaDl Secreuuy of Washington In<<omalionallnsuriUlce Company &
North American Specially Insurance Company
16B2,.'4
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
~Bid Number;
~Project Name;
~Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified openinq date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
S'-h-/...J!.frJtJ./7 -E~(? ,Zd.o::-f I r/'~9 c:L tlU)/?, j/1C
Bidder Name
a/9:Js;p \hce ?reS:de.J
Signature & Titl
DATE: /~.O\O -(.J 7
GC-P-12
1682
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Stahlman-England Irrigation Inc. ("Contractor") of
2063 Trade Center Way, Naples, Fl., a Florida corporation, authorized to do business in
the State of Florida, to perform all work ("Work") in connection with Palm River Estates
Unit 5 - Imperial Golf Estates Unit 4 Stormwater Improvements, Bid No. 08-5025
("Project"), as said Work is set forth in the Plans and Specifications prepared by Q.
Grady Minor and Associates, the Engineer and/or Architect of Record ("Design
Professional") and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: three hundred seventeen thousand, six
hundred eighty one dollars and seventy nine cents. ($317,681.79)
16B2
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liauidated DamaQes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within sixty (60) calendar days from
the Commencement Date (herein "Contract Time"). The date of Substantial Completion
of the Work (or designated portions thereof) is the date certified by the Design
Professional when construction is sufficiently complete, in accordance with the Contract
Documents, so Owner can occupy or utilize the Work (or designated portions thereof)
for the use for which it is intended. Contractor shall achieve Final Completion within
fifteen (15) calendar days after the date of Substantial Completion. Final Completion
shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and
throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's
duly authorized representative and shall mean the Division Administrator or Department
Director, as applicable, acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
16B2
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, seven hundred and
fifteen dollars ($715.00) for each calendar day thereafter until Substantial Completion
is achieved. Further, in the event Substantial Completion is reached, but the Contractor
fails to reach Final Completion within the required time period, Owner shall also be
entitled to assess and Contractor shall be liable for all actual damages incurred by
Owner as a result of Contractor failing to timely achieve Final Completion. The Project
shall be deemed to be substantially completed on the date the Project Manager (or at
his/her direction, the Design Professional) issues a Certificate of Substantial Completion
pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any
right which it may have to seek to characterize the above noted liquidated damages as
a penalty, which the parties agree represents a fair and reasonable estimate of the
Owner's actual damages at the time of contracting if Contractor fails to Substantially or
Finally Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
16B2
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
G. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by Q. Grady Minor
and identified as follows: Palm River Estates Unit 5 - Imperial
Golf Estates Unit 4 Stormwater Improvements
as shown on Plan Sheets 1 through 13.
Contractor's List of Key Personnel
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
1682
Val Prince, Project Manager
Collier County Stormwater Department
28885 South Horseshoe Drive
Naples, Florida 34104
239-213-5879
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by u.s. Mail, E-
mail or Facsimile, addressed to the following:
Michael DeHay, Vice President
Stahlman-England Irrigation Inc.
2063 Trade Center Way
Naples, Florida 34109
239-514-1200
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity in excess of the threshold amount provided in
s. 287.017 for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assiqns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
16B2
Section 11. Governina Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Aareement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severabilitv.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Chanae Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
16B2 i
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
TWR WrrESSES :
/JJ. NUtSL((ICU~0
FIRST WITNESS I
D JJLr;;U
Type
By:
Stahlman-England Irrigation Inc.
:&~fiJ\ ".-
f71(cl-.a. ~~ {)d! - 'II
Type/Print Name a Title ,/ -' ~.,
r rLn:L 'K. 0 flU
..J /oJ ~J..v4-N b
Type/Print Name
Date: d-;;}5- avD\?
ATTEST:
"-',
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
Dwight E. Brock, Clerk
BY: ~t'I~:O.~
Approve~.J ·
and Legal Sufficiency:
~711~
Print Name: ---.WlIeen (VI . (jyeene
Assistant County Attorney
BY:
Item# \LG?Ba-
Agenda 1_ M"-{)~
Date 1!L..l
16B21""1
Executed in 2 Counterparts
EXHIBIT A
PUBLIC PAYMENT BOND
Palm River Estates Unit 5 - Imperial Golf Estates Unit 4
Stormwater Improvements
Bond No. 2078741
Contract No. 08-5025
KNOW ALL MEN BY THESE PRESENTS: That Stahlman-England Irrigation, Inc.
2063 Trade Center Way, Naples, FL 34109, (239) 514-1200
and North American Specialty Insurance Company
Surety, located at 650 Elm Street, Manchester, NH 03101-2524, (603) 644-6600
(Business Address) are held and firmly bound to The Board of County Commissioners of Collier County. Florida
as Obligee in the sum of Three Hundred Seventeen Thousand Six Hundred Eiahtv-One And 79/100ths
($ 317,681.79 ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
, as Principal,
, as
WHEREAS,
Principal has entered into a contract dated as of the day of
2007, with Obligee for Palm River Estates Unit 5 -Imperial Golf Estates Unit 4 Stormwater Improvements
accordance with drawings and specifications, which
by reference and made a part hereof, and is referred to herein
in
contract is incorporated
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
,.0mptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of 2007, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
Owner's Address:
3301 E. Tamiami Trail
Naples, FL 34112
-9) 252-8446
Project Location:
Located on Imperial Drive
Collier County, Florida
GC-CA-A-1
16B2
_.gned, sealed and delivered
in the presence of:
~d ;lusLy{1cfd-.-
C~"- l / !v-Ac-
Witnesses as to Principal
PRINCIPAL
STATE OF Florida
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by ,as
Stahlman-England Irrigation, Inc. ,a Florida corporation, on
corporation. He/she is personally known to me OR has produced
identification and did (did not) take an oath.
of
behalf of the
as
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
ATTEST:
SURETY:
North American Specialty Insurance Company
(Printed Name)
650 Elm Street
Manchester, NH 03101-2524
(Business Address)
(Auth . ure)
urety
(Printed Name)
GC-CA-A-2
OR
.16B2
I--
y~ ~n~l~
Jennifer McCarta
(Printed Name)
Witnesses
Inquiries: (407) 834- 022
650 Elm Street
Manchester, NH 03101-2524
(Business Address)
(603) 644-6600
(Telephone Number)
STATE OF Florida
COUNTY OF Seminole
"]:l"e foregoing instrument was acknowledged before me this
i'ebruarv , 2008 by
Attornev in Fact
Surety, on behalf of Surety.
Personallv Known
Jennifer McCarta
of North American S ecial Insurance Com an
He he is personally known to me OR has produced
as identification and who €IW (did not)
14th
day
of
as
take an oath.
'I -'-',~L
- ';" ~L\\\':;2"1
-~~. ',~t;'~ r1 ~L~;,'"
,
)
~a:rt 0 . 0 _~ q . C.-Qa AN 1 ..-J
( ignature)
My Commission Expires: August 30, 2008
,:;-"r-)',;";1-:
Name: Kathleen A. Clawson
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: Florida
Commission No.: DD 351092
GC-CA-A-3
Executed in 2 Counterparts
1682
'1
EXHIBIT A
PUBLIC PERFORMANCE BOND
Palm River Estates Unit 5 -Imperial Golf Estates Unit 4
Stormwater Improvements
Bond No. 2078741
Contract No. 08-5025
KNOW ALL MEN BY THESE PRESENTS: That Stahlman-England Irrigation, Inc., 2063 Trade Center
Way, Naples, FL 34109, (239) 514-1200, as Principal, and North American Specialty Insurance
Company ,as Surety, located at
650 Elm Street, Manchester, NH 03101-2524, (603) 644-6600
(Business Address) are held and firmly bound to
The Board of County Commissioners of Collier County, Florida, as Obligee in the sum of
Three Hundred Seventeen Thousand Six Hundred Eighty-One And 79/100ths
($ 317.681.79 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
2007, with Obligee
Palm River Estates Unit 5 - Imperial Golf Estates Unit 4 Stormwater Improvements
in accordance with drawings and specifications, which contract is incorporated
reference and made a part hereof, and is referred to herein as the Contract.
day of
for
by
-':: CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
()ouner's Address:
, 1 E. Tamiami Trail
Naples, FL 34112
(239) 252-8446
Project Location:
Located on Imperial Drive
Collier County, Florida
GC-CA-A-4
16B2
11
!
This instrument shall be construed in all respects as a common law bond. It is
- ~ressly understood that the time provisions and statute of limitations under Section
~J5.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of , 2007, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Signed, sealed and delivered
in the presence of:
PRINCIPAL
Stahlman-England Irrigation, Inc.
BY:
Witnesses as to Principal
NAME:
ITS:
STATE OF Florida
""""UNTY OF
The foregoing instrument was acknowledged before me this
, 2007, by
day
of
as
a
is
of Stahlman-England Irrigation, Inc.
Florida corporation, on behalf of the corporation. He/she
personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
Signature)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
GC-CA-A-5
16B2
ATTEST:
SURETY:
North American Specialty Insurance Company
(Printed Name)
650 Elm Street
Manchester, NH 03101-2524
(Business Address)
-
(A'lti:1sriZ:cJ Signature)
Witnesses as to Surety
(Printed Name)
OR
ac~~ ~'\&~
Jennifer McCarta
(Printed Name)
650 Elm Street
Manchester, NH 03101-2524
(Business Address)
(603) 644-6600
(Telephone Number)
STATE OF Florida
COUNTY OF Seminole
The foregoing instrument was acknowledged before me this 14th day of
February , 2008, by Jennifer McCarta , as Attornev in Fact
of North American S ecialt Insurance Com an , a New Hampshire Surety, on
behalf of Surety. H h is personally known to me OR has produced
Personally Known as identification and who €Ii€I (did not) take an oath.
-: (, ~ . I 1
x~ Q,~" .--"
(Signature)
My Commission Expires: August 30,2008
\(,'. ;".:
,-, ,\,'~ ';_,~." :: ""\
Name: Kathleen A. Clawson
(Legibly Printed)
(~FIX OFFICIAL SEAL)
Notary Public, State of: Florida
Commission No.: DO 351092
GC-CA-A-6
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF AITORNEY
rm-
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Ita sea,
Illinois, each does hereby make, constitute and appoint:
J.W. GUIGNARD, BRYCE R. GUIGNARD, M. GARY FRANCIS, PAUL J. CIAMBRIELLO,
APRIL L. LIVELY, JENNIFER McCART A, BRETT RAGLAND and MARGIE MORRIS
JOlNTL Y OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature ofa bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or pennitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24th of March, 2000:
"RESOLVED, that any two of the President:. any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
~\",\\llllllll/IIIII"_ M- ~~~QNAI'''II'~
~~~\WT"~"cr.~ -~~.;;:" S.
f~f!#iiiG~~ By '. fj~~~\
!t cJ f SEAl ~ 0 'g, SlevW P. Andeno... Pre.idenl &. ChkrE1"UUVe Officer orWa.blnlJ:loa Interaadonallalurance Company & f ~ CORPORATE)i li. ~
~~\. 11173 41):;1 VlcePruldentorNorthAmerleanSpeel.llyhllurlD<eComp.ny .;1 SEAL Ii
";;._,.I1...u~'t."':~~ \~"" ARIZONA.... ,l,;j
~..<.(Ii"...""~~~~ A :.. ~ ~.. -...... ~~~~
~"III~~I~Il\\\\'\\\~" By ~~r ~~#tt~I.",!.,,,~.,\""
Duld M. L.yman, Viu Pruidml orWaihinlton Intem.tian.llnslI....nee Company &
Viet Prealdent or North Amerlellll Sp<<illly lIuunmu Comp...y
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 12th day of March . 20~.
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page
ss:
On this 12th day of March . 20~ before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
"OfFICIAL SEAL"
SUSAN ANSEL
Hota~ Pl.IlIic, 51. o1l1inOs
IlyComm..... exprM 71612OO1l
/~
/
t 4u.-JZ.
Susan Ansel, Notary Public
I. James A. Camenter , the duly elected Assistant ecretarv of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this _ day of
,20_.
~YJ-~~
James A. Carpenter, Viu Presidenl & AssiS\all1 Secrelary ofWlISbinglon Intem~tioll.llllnsllrWl<e Company &
Nonh Ameri<an Specially Insurance ComJlllnY
1682
l:
ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDfYYYV)
2/13/2008
PRODUCER (727) 391-9791 FAX, (727) 393-5623 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Stahl & Associates Insurance, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Inc. HOLDER. THIS CERTI FICA TE DOES NOT AMEND, EXTEND OR
110 Carillon Parkway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
St. Petersburg FL 33716 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Westfield Insurance Co
Stahlman-England Irrigation, Inc. INSURER B: FEVA Mutual Insurance Co
2063 Trade Center Way INSURER C
INSURER D
Naples FL 34109 INSURER E
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOT'NITHSTANDfNG ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO VVHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES
Ar" RFr.AT~FII~MiTSsHnwN~MAY HAVE Y ,,^,n "'"'"'0
INSR ADD'L ~,.W~~:~~~g~E Pgi~J,~:W~~!gN LIMITS
TYPE OF fNSURANCE POLICY NUMBER
~NERAL LIABILITY "'M'H nrl" RR"'~'I'''' , 1,000,000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY P aoccurr .., , 150,000
A I CLAIMS MADE 0 OCCUR CMM4231656 2/1/2008 2/1/2009 MEO EXP (Anv one nersor.' , 10,000
P<OR"'''"'^' c '''''I'''''RY $ 1,000,000
"'ENERAL AGGREGATE $ 2,000,000
~'~ AGG~~E LIMIT AFlES PER PR"D'''"''T'''_I''''MP'r>PA'''''' $ 2,000,000
POLICY X ~&P,: lOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT I 1,000,000
ANY AUTO (Eaaccioenl)
- 2/1/2008 2/1/2009
A ~ ALL OWNED AUTOS CMM4237656 BODILY INJURY
(per person) $
- SCHEDULED AUTOS
~ HIRED AUTOS BODILY INJURY
(Pereccident) $
~ NON-OWNED AUTOS
PROPERTY DAMAGE $
(per accident)
GARAGE L1ABlltTY AUTO ONLY. EA ACCIDENT $
l ANY AUTO OTdER THAN c, "" $
AUTO ONLY AGG $
~~SS/UMBRELLA ltABILITY C ,DDC.,CC $ 5,000,000
X OCCUR 0 CLAIMS MADE AGGREGATE $ 5,000,000
$
A ;{ ~EDUCTIBLE CMM4237656 2/1/2008 2/1/2009 $
X RETENTIIlN Of. 0 $
B WORKERS COMPENSATim~ AND X I.we STATU., I 10TH.
EMPLOYERS' LlABlltTY 500,000
ANY PROPR lET OR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? WCB4000195702008A 1/1/2008 1/1/2009 E.L DISEASE - EA EMPLOYEE $ 500,000
~~~61~es~~~~~~~rN'" I elow E.L DISEASE - P()L1CY LIMIT $ 500,000
OTHER
DESCRIPTION Of OPERATIONSILOCATlONSIVEHICLESlEXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate Holder is listed as additional insured with respects to General Liability and automobile liability.
Waiver of Subrogation applies to General Liability and Workers compensation. Exposion, Collapse or Underground are
included. General Liability is Primary and Non-Contributory. *10 Day~ Notic8 of Cancellation for Non-Payment
CERTIFICATE HOLDER
CANCELLATION
Collier County Board of County Commission
Naples, FL 34112
SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAVS WRITTEN NOTICE TO THE CERTIfiCATE HOLDER NAMED TO THE LEFT. BUT
fAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
I
INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
~~
A
P.r:1'-~~
Kelly Petzold/WATERS
ACORD 25 (2001108)
INS02S (0108).08a
@ACORD CORPORATION 1988
Pagelof2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
INS025 (0108) 08a
Page2012
1682
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
- all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
(5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
16a2
- ,:overage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
from any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? ~ Yes 0 No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
Contractor during the term of this Agreement for all employees engaged in the work under this
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
not be less than:
a. Worker's Compensation - Florida Statutory Requirements
GC-CA-B-2
16B2
b. Employers' Liability
x
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work.
D Applicable [g] Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work.
D Applicable [g] Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? [g] Yes D No
-(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
JCcurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
x
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
(3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
coverage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
- (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement.
GC-CA-B-3
1682
D Applicable ~Not Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement.
D Applicable ~ Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
(2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
- (3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
lbtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
GC-CA-B-4
16B2
". rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? [gJ Yes D No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
~ Bodily Injury & Property Damage - $ 500,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
,- primary insurance.
GC-CA-B-5
x
TYPE
Workers' Compensation
x
Employer's Liability
Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form with no limiting
endorsements.
Business Automobile
Insurance
1682
COLLIER COUNTY GOVERNMENT
CONTRACT INSURANCE
REQUIREMENTS
LIMITS (Check)
Statutory Limits of Florida Statutes 440 and Federal Government
Statutory Limits and Requirements
X $500,000
$500,000 per occurrence
bodily injury and property
damage
$1,000,000
X $1,000,000 per occurrence
bodily injury and property
damage
X $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
$500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
Builders Risk Insurance OWNER Will Purchase-Replacement Cost- All Risks of Loss
INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant
shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the
_ performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge
Dr reduce any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. This section does not pertain to any incident arising from the sole negligence
of Collier County.
Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The
"Certificate Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
No County Division, Department, or individual name should appear on the Certificate. No other format will
be acceptable.
Thirty (30) Days Cancellation Notice required on Agreements. The contract name and number shall be
included on the certificate of insurance.
Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability and/or Airport Liability where required.
Pollution Liability Insurance
BIDDER'S AND INSURANCE AGENT STATEMENT:
We understand the insurance requirements contained in these specifications, and that
the evidence of said insurance may be required within five (5) business days of the
award of bid.
Bidder
Insurance Agency
.jig nature of Bidder
Signature of Bidder's Agent
GC-CA-B-6
16'82
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated 2007 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No
CONTRACTOR
BY:
ITS:
President
DATE
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,2007, by
,as of ,8
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
GC-CA-C-1
16a2
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
%
%
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _0/0 after [insert date] $
=
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager
(Signature) DATE:
(Type Name and Title)
GC-CA-D-1
-"- I 1111111
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1682
EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
Change Order Description
FROM: Collier County Government
Construction Agreement Dated:
Date:
Original Agreement Amount ........ .......................................... ...$
Sum of previous Change Orders Amount....................................... $
This Change Order Amount ..........................................................$
Revised Agreement Amount........................ ...................... ...........$
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Approved by: Date:
Division Administrator
Approved by: Date:
Purchasing Department
Authorized by Date:
Director
(For use by Owner: Fund
Number: )
Cost Center:
Object Code:
Project
GC-CA-E-5
1682
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No
Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
GC-CA-F-1
1682
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2007
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2007
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2007
OWNER
By:
Type Name and Title
GC-CA-F-2
1682
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.: Project No.:
Contractor:
The following items have been secured by the
for the Project known as
Date:
,2007
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other
If any of the above is not applicable, indicate by N/A
explanation.
Acknowledgments:
By Contractor:
If NO is checked for any of the above, attach
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
By Owner:
(Department Name)
(Signature)
(Name & Title)
GC-CA-G-1
16B2
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
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those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
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3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday
through Friday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
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4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held through out
the course of the Project schedule. Owner reserves the right to reduce the amount of
the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing
Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
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4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
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5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
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substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
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8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
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faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
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9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
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sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
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written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
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determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
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above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
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calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefore or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
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Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefore. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
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by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
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to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
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construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
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23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
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authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
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the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
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shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
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28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.neUpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs
associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of
Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
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shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
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shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
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roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
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34.1.8
34.19
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
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Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing for all employees that shall provide services to the County under this
Agreement. This may include, but not be limited to, checking federal, state and local
law enforcement records, including a state and FBI fingerprint check, credit reports,
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education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
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~ -1
'j
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
I.BASIC STORMWATER MANAGEMENT DEPARTMENT SUPPLEMENTAL TERMS
& CONDITIONS
ACCESS OR STAGING TO PROJECT WORK AREA
Access to the work site may be limited or restricted. It will be the Contractor's
responsibility to inspect the work site prior to submission of the Bid/Quote to ensure
there will be no ingress and egress issues.
In addition, should access or an off site staging area be necessary other than indicated
on the plans, the Contractor must be granted and the fee owner must provide written
authorization. A copy of the authorization letter must be provided to the Project
Manager for the Project file.
Any and all related costs to gain access to or for staging purposes for the work site
shall be included in the Bid/Quote.
AS-BUlL TS/RECORD DRAWINGS
The Project's Design Professional and his Florida Registered Professional Surveyor and
Mapper (P.S.M.) are responsible for the Project's As-Built/Record Drawings unless
otherwise specified within the Technical Plans and Specifications.
Prior to construction commencement, the Contractor shall meet with the Design
Professional and his P.S.M. to determine the Project's critical points to the final As-
Builts. The Contractor shall also coordinate with the Design Professional and his
P.S.M. to facilitate measurement at those critical Project points.
The Contractor's Final Payment shall be withheld pending the Design Professional and
his P.S.M. Certification of the contracted improvements is per design.
During the progress of the work the Contractor shall keep and maintain one (1)
"Approved for Construction" copy of all project plans, drawings, specifications, and any
addenda, written amendments, change orders, work directives orders, supplemental
agreements and other written interpretations and clarifications.
It is suggested that there be an "Approved for Construction Ghosted Plan Set" for the
Contractor's use. The Contractor shall also note to show updated construction
deviations annotated in red line as well as any approved design changes authorized by
the Design Professional. All deviations shall be initialed and dated by the Contractor.
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All survey information depicted on the As-Built Drawings shall be collected under the
direct supervision of the P.S.M. in accordance with Florida Statute Chapters 177 and
472 and Chapter 61 G-17 of the Florida Administrative Code.
ADDITIONAL CONTRACTUAL SERVICES
Should additional work be required, a Change Order or a Change Order to the Work
Order will be completed and an adjustment will be made to the Purchase Order
Contract Sum at Unit Prices or an agreed upon Price prior to the performance of the
work.
ACCIDENTS OR THEFTS
The Contractor shall be responsible to contact the Project Manager to report any
accidents or thefts involving or occurring within the work site. Should they occur the
Contractor at no additional cost, should photograph the damage or loss and provide the
dated photograph to the Project Manager.
CLAIMS
All Claims by the Contractor shall be in a written format (not e-mail) to the Project
Manager within forty-eight (48) hours after the first day of the event giving rise to such
Claim or else the Contractor shall be deemed to have waived the Claim. All supporting
data shall be submitted to the Project Manager within fifteen (15) calendar days after
the occurrence. The Contractor shall comply with the Collier County Alternative
Dispute Resolution Procedures.
CONSTRUCTION PROGRESS PHOTOGRAPHS
It is the Contractor's responsibility to provide construction progress photographs that
help visualize the worksite conditions. Photographs shall be taken prior to construction
commencement, during and after all milestones and construction steps. These pictures
must be in digital format, date stamped, 3 Mega pixels minimum resolution, in color, and
submitted once a week on Wednesday via e-mail or recorded on a CD to the
Stormwater Management Department to the attention of the Project Manager.
CONTRACTOR'S EMPLOYEES
Employees of the Contractor or its Subcontractors shall be properly uniformed and
provide a neat appearance. All employees of the Contractor or Subcontractor shall be
considered to be at all times the sole employees of the Contractor under his sole
direction and not an employee or agent of Collier County.
The Contractor shall supply competent and physically capable employees. Collier
County will require the Contractor to remove an employee it deems careless,
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incompetent, insubordinate, or otherwise objectionable, and whose continued work in
the Project's construction services is not in the best interest of the County.
CONTRACTOR'S MEETING ATTENDANCE
During the Contract the Contractor shall be required to hold weekly progress meetings
unless otherwise specified by the Project Manager. The Contractor is responsible to
record notes and type minutes of the progress meeting and also attend other special
meetings that the Project Manager should require.
GENERAL DEFINITIONS
As-BuilURecord Survey - A survey preformed to obtain horizontal or vertical
dimensional data so that constructed improvements may be located and delineated.
Construction Documentation - Noting/Recording of all deviations from the "For
Construction Drawings and Specifications. All deviations shall be initialed and dated by
the Contractor.
Shall or Must - These terms, when used are defined as meaning mandatory.
GENERAL SITE CONDITIONS CARE
Due care shall be taken of all existing landscaping. The Contractor may be required to
perform necessary site pruning on any existing plant's foliage which will interfere with
the equipment or work area to limit total removal and/or replacement of the landscape
material. The Contractor shall be responsible for replacement at the Contractor's costs
unless otherwise approved by the Project Manager.
DAILY LOGS
The Contractor shall complete and submit to the Project Manager on a weekly basis a
Daily Log documenting the Contractor's activities at the Project site such as:
1. Soil or weather conditions which adversely affect the work;
2. Daily job site hours of operation;
3. Number of Contractor's and Sub-Contractor's personnel present and working at
the project site;
4. Equipment on the project site;
5. Work description being preformed;
6. Materials received;
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7. List of visitors;
8. Any problems that might impact either the cost or quality of the work or the time of
performance.
INVOICING
Upon execution of the Contract and completion of each month's work, the Contractor's
Payment Application request along with a Release and Affidavit should be submitted to
the Design Professional for review, date stamping, and approval. Upon their approval,
the request would be forwarded to the Project Manager for processing.
All invoices shall reference the Purchase Order Number and Project Name.
After review and approval by the Project Manager, the invoice and all back-up materials
will be transmitted to the Finance Department for payment. Payment will be made upon
receipt of a proper invoicing and in compliance with Section 218.70 Florida Statutes,
otherwise known as the "Florida Prompt Payment Act." Collier County reserves the
right to withhold and/or reduce an appropriate amount of any payments for work not
performed or for unsatisfactory performance of Contractual requirements.
LANDSCAPING,IRRIGATION SYSTEMS AND MAIL BOXES
Improved landscape areas containing landscaping, irrigation systems and mailboxes
shall be noted and maintained wherever possible. If removed or destroyed during the
accomplishment of the work, the Contractor shall replace or restore to the original
condition or better as part of Project completion. The cost of these items shall be
considered incidental to the Project unless discussed and addressed with the Project
Manager prior to Project commencement.
LANE OR STREET CLOSURE
A lane closure for construction shall be limited. Upon proper placement of lane closed
signs, pre-warning signs, arrow boards, traffic cones etc., the lane maybe restricted
from traffic only during non-peak traffic periods 9:01 A.M. - 3:29 P.M., Monday through
Friday, and 8:00 A.M. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by
the Project Manager.
Street closure shall be approved through the Project Manager. When approved the
Contractor must notify the respective Law Enforcement Agency, District Fire
Department, Emergency Medical Services, and the County Transportation Road Alert
Section prior to closure.
Lane and street closures shall be indicated on the Daily/Weekly Work Logs which are
provided to the Project Manager.
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METHOD OF AWARD
The general criteria that will be used for the evaluation of this Bid is set forth in the
General Bid requirements along with the responses as stated on the Bid Response
Pages. Award of Bid shall be made to the lowest, qualified and responsive Bidder. The
Collier County Board of County Commissioners shall be the final judging authority as to
which Bid best suits its needs and the interest of Collier County.
Bidder should include in bid packaae the followina documents:
1. Provide copy of their Contractor's License to Collier County with bid response.
2. Provide copy of the Contractor's Insurance Requirements Form and provide
Insurance Certificate upon notification of award and prior to issuance of the NTP for:
a. Worker's Compensation and Employers' Liability
b. Commercial General Liability
c. Business Automobile Liability
3. Provide a list of all Subcontractors to be used on the Project site. Should the
Project work involve traffic signals and or pedestrian crossing signals a copy of the
Contract of the Signal Company hired and the Certification of the Level" I.M.SA
Tech or better who will be accessing the Signal Box must be included.
4. Provide proof of M.OT Certification and the name, IRS W-4 form of the Bidder
Contractor's employee qualifier or a copy of the ContracUAgreement and
Certifications of the Company who will be providing the M.O.T. for the Project to be
engaged by the Bidder Contractor.
If the documentation noted above must be submitted prior to the
recommendation of award is presented to the Board of County Commissioners.
MISCELLANEOUS RESPONSIBILITIES
1. The Contractor shall make every effort to protect existing facilities.
2. It shall be the Contractor's responsibility to notify in writing the Project Manager of
any construction problems or additional construction needs.
3. Should additional costs be involved which are not covered within the Contract
Specifications, a Unit Cost shall be agreed upon, a Change Order to the Work Order
completed by the Contractor and Project Manager prior to performing additional
services.
4. The Contractor shall communicate frequently with the Project Manager and provide
a working schedule after the Notice To Proceed has been issued. The written
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schedule is required to be kept current with the progress of the work. Should the
schedule be changed, it shall be immediately up-dated.
5. The Contractor shall provide all materials, labor, equipment,
mobilization/demobilization, any other necessary effort, element and/or
component(s) needed to complete the work in its entirety per plans and at the Total
Bid prices submitted.
NON-PERFORMANCE
In the event the Contractor fails to perform any required services within the time
schedules set forth under this Contract, the County reserves the right to obtain
substitute performance. Further the County reserves the right to deduct the cost of
such performance from the Contractor's payments. The Contractor may be exempt
from this provision if such exemption is granted by the Project Manager in writing, prior
to any delays or as a result of an Act of Nature.
PRECONSTRUCTION VIDEO
It shall be the Contractor's responsibility to provide a preconstruction video tape in DVD
format documenting the condition of the Project area prior to commencement of any
work. This video tape should capture pre-project conditions of all private property
adjacent to the proposed project area and public property in the r/w with the intent to
document all existing conditions for use in resolving any post-project private or public
property alleged damage claims. The video is to be submitted to the Project Manager
prior to construction commencement for the Project file at no additional costs.
PROJECT LAYOUT REQUIREMENTS
The Contractor shall be responsible to install the work in accordance with the
"Approved For Construction Plans and Specifications". Project layout is the
Contractor's responsibility. The Design Professional's Florida Registered Professional
Surveyor and Mapper (P.S.M.) shall establish survey control and the location of any/all
existing boundary monumentation to facilitate its replacement if damaged. The
Contractor shall make every effort to preserve stakes/laths, monuments, bench marks,
and other control points. A Florida Registered P.S.M. is responsible for the replacement
of any & all survey control or boundary corners damaged or destroyed during
construction at the Contractor's expense.
PROJECT SCHEDULE AND TIME PERIOD
The Contractor shall prepare and submit to the Project Manager the Project's schedule
prior to the "Notice to Proceed". The schedule of the work's progress shall be updated
monthly and provided to the Project Manager. MicroSoft Project Format is
recommended.
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The Project shall commence upon receipt of a "Notice to Proceed" letter from the
Project Manager and will remain in effect until Final Completion and submission of all
the Project closeout documents.
Notification of Substantial Completion, Final Completion, and any Claims shall be done
in written letter format. Electronic transmission via E-mail is not an acceptable
notification form.
Should the Contractor see that additional days will be required a Change Order or a
Change Order to the Work Order shall be approved.
QUANTITIES
Indicated in Bid/Quote Schedule are expected quantities and are for the purpose of
Bid/Quote submission. The County reserves the right to adjust such quantities as may
be required by the Design Professional during the Contract.
RESPONSE TIMES
On a twenty-four (24) hour basis, the Contractor may be required to travel to the site
immediately to meet with the Project Manager, law enforcement or emergency
personnel to resolve an emergency. The Contractor shall respond to a telephone,
beeper, or radio call within one (1) hour. There shall be no additional charge for these
responses.
SANITARY FACILITIES
The Contractor shall provide and have serviced portable toilet(s) within the work site
area limits as approved by the Project Manager. Each toilet shall be located no further
apart within the work area than one-quarter (1/4) mile.
SITE MAINTENANCE
The work site areas shall be kept clean and neatly maintained during the progression of
the work. Any debris on the roadway shall be swept daily or as directed by the Project
Manager.
The disposal of all debris and construction litter must be at a proper landfill or disposal
site. All disposal fees, tipping or charges are to be included in the Bid/Quote Schedule
Price.
Upon completion, the remainder of site's construction and leftover materials are to be
collected, hauled away, and disposed of by the Contractor leaving the work site in a
restored order.
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TRAFFIC CONTROL
Maintenance of Traffic is solely the responsibility of the Contractor and is to be placed
prior to construction. Should the Contractor not place and/or properly maintained the
Maintenance of Traffic (M.OT) the Project Manager will require the Project work to
cease until the proper M.OT has been placed and/or maintained.
The Contractor shall comply with the requirements of Collier County's Maintenance of
Traffic (M.O.T.) Policy copies of which are available through the Risk Management or
Purchasing Department. The Contractor shall obtain and review the Collier County
M.OT Policy Requirements prior to submitting a Bid/Quote.
The Contractor will be responsible for obtaining copies of all required manuals,
M.UTCD., F.D.O.T. Roadway & Traffic Design Standards Indexes, or other related
documents, so to become familiar with their requirements. Strict adherence to the
requirements of the M.O.T. Policy will be enforced under the Contract.
High-visibility clothing or vests with retro-reflectorized striping shall be worn at all times
by all employees working within Collier County Rights-of-Way (See exception below).
This includes personnel that may visit the "work zone" temporarily, such as
management and/or vendors. A.N.S.I.II.S.EA 107-2004 or the most current edition,
Class 2 or Class 3 garments are required for daytime use.
A Class 3 garment is mandatory for use by flagging personnel during any hours of
darkness, including during inclement weather situations, where conditions may create
hours of darkness during normal daylight conditions.
Exception: When other industry apparel safety standards require workers to wear
apparel that is inconsistent with Federal, State or county requirements such as
N.F.PA, O.S.HA, A.N.S.I., etc., the other standards may prevail. However, apparel
must still meet high visibility color requirements of fluorescent lime-green or fluorescent
orange only and must be maintained in good condition and replaced as necessary.
Ex. Utility workers exposed to high voltage electricity may choose not to wear vests or
clothing with retro-reflective striping as long as the color requirements listed above are
met. Directional lighted and flashing arrow board may be required.
See attached "Maintenance of Traffic Procedure" dated 02-23-06 B. Contractor
Requirements (External)
UNIT PRICES
Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be
made for work performed in any task. The Contractors shall include cost of work to be
performed under the task in the pay items of which this work is a component.
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UTILITY CONFLICTS
Utility locates shall be conducted prior to commencement of work. Soft digging, pot
holing and/or any commonly approved method at the Contractor's discretion may be
used to locate existing utilities.
The construction plans reflect the location of existing utilities from the most reliable
information available to the Design Professional. This information is not guaranteed,
therefore, the Contractor shall field verify the location of all utilities. The Contractor is
required to conduct all necessary research and field exploration(s) to properly identify,
locate and resolve any utility conflict(s) not shown in the construction plans.
In the event that utility conflict(s) arise, the Contractor will be principally responsible for
coordinating with the pertinent utility company/companies in order to resolve such
conflict(s).
Any and all costs associated with utility conflict(s) would be incidental and should be
included in the pricing provided in the Bid Schedule. The Project Manager may make
exceptions pending justifications by the Contractor.
VENDOR PERFORMANCE EVALUATION
Collier County has implemented a Vendor Performance Evaluation System for all
contracts awarded in excess of $25,000. To this end, Vendors will be evaluated on their
performance upon completion/termination of Agreement.
II. STORMWATER MANAGEMENT DEPARTMENT PROJECT SPECIFIC
CONDITIONS
There are certain items which are being brought to the Bidder's attention. They are:
. The Project's construction is required to take no more that seventy-five (75)
calendar days from the date of the "Notice to Proceed". The work must be
Substantially Complete sixty - (60) days from the "Notice to Proceed", leaving
the fifteen - (15) days to address Punch-List Items.
. Photos of existing conditions are enclosed.
. All excess fill material is to be hauled and disposed of by the Contractor at no
additional Project costs.
. Replacing materials shown on the attached construction plan with an equivalent
material will require prior authorization in writing from the Design Professional
and the Project Manager.
GC-CA-I-9
1682
. This Project is activated by a Notice to Proceed (NTP) letter from the Project
Manager.
. This Project will require a Performance and/or Payment Bond and it shall be
submitted prior to commencement. Costs for the Bond and other insurances are
incidental to this Project.
. Required Construction Project Signage.
In order to keep the public informed regarding this Stormwater Management
project, upon issuance of a Notice to Proceed, the Contractor shall be required to
provide one (1) Construction Project Sign to be placed on within Eastwood Drive
r/w at the beginning of the project on 4"x 4" white painted support posts which
contain, at a minimum, the following information:
On the left one quarter (1/4) side of the sign shall contain-
The latest Collier County Logo
Collier County Board of County Commissioners noted heading and below, their
Names with Districts
Donna Fiala 1
Frank Halas 2
Tom Henning 3
Fred Coyle 4
Jim Coletta 5
Specific Note: "Your Tax Dollars At Work"
Color: English Ivy Green Glossy Back Ground with White Letters
Border: Black Glossy
On the right three quarters (3/4) side of the sign -
Name of Project: Cypress Way East and Ibis Way Crossing Stormwater
Improvements
Project Design Professional: Q. Grady Minor & Associates, PA
Project Contractor:
Project Management: Stormwater Management Dept.
Project Completion Date: 2008
Contact For Project Information: Val Prince, Project Manager (239) 774.8192
Color: White Back Ground with English Ivy Green Letters
Border: Black Glossy
The size of the sign shall be four feet (4') high by eight feet (8') wide unless
otherwise requested by the County. The sign shall be in conformance with the
Collier County Land Development Code and in a format approved by the County.
The standard construction sign format is available upon request from the County
GC-CA-I-10
1682
Project Manager. The Project Manager shall be provided a proof of the sign
format for approval prior to sign construction.
Price and payment for the site's Project Signs will be full compensation for
furnishing and installation of all materials necessary to complete the Construction
Project Signs, including initially erecting or placing and final removal. This shall
include, but not be limited to: sign panels complete with sheeting, painting, and
message; sign posts and supports, footings, excavation, etc.; and all other work
specified in this Section, including all incidentals necessary for the complete item.
The County has used Lykins Signteck, 5935 Taylor Road, Naples, FL., 34109, for
other Project signage. The contact person was Sarah Nolte at 777-2001.
. Asbestos Cement (AC) Pipe may be present on the job site and will require
special attention and handling. Coordination by the Contractor or his
subcontractor approved to handle AC materials is required with the DEP for
proper removal, transport, and disposal of the asbestos cement pipe segment at
an approved hazardous waste disposal site.
PERMITS AND STORMWATER POLLUTION PREVENTION PLAN
Permits
The following permit(s) for the Project have already been obtained by Collier County or
are the Contractors responsibility to obtain, as noted below. Copies of the all permits
obtained by Collier County are attached. It is the Contractor's responsibility to read and
understand all permit(s) and permit conditions.
. Notice of Intent to Use the Generic Permit for Stormwater Discharge from Large and
Small Construction Activities DEP Form 62 - 621.300(4)(b) - Obtained by Collier
County has applied for and will be obtained and provided to the Contractor.
. Collier County Permit to Perform Work and/or Maintenance in the Public Right-of-
Way - To be obtained by the Contractor.
Permit(s) and/or Forms which may be applicable to a Stormwater proiect:
Any applicable permit(s), forms, and associated instructions listed in the section below
shall be the responsibility of the Contractor, unless otherwise specified in the section
above.
1. South Florida Water Manaqement District (S.F.W.MD.) Permits
Water Use Dewatering - Should a dewatering permit be needed, it will be the
Contractor's responsibility to apply for and obtain a dewatering permit. The
GC-CA-I-11
168211,
County will only provide the required sets of construction plans along with the
corresponding application fee, if needed.
2. Collier Countv Riqht-of-Wav Permit
It is the Contractor's responsibility to prepare and submit application forms, and
address any request for additional information from the Transportation Services
Division RIW Permitting as needed.
The Contractor is also responsible for preparing and submitting the Maintenance
of Traffic (M.OT) Plan for review and approval by the Transportation Services
Division RIW Permitting Section. The County will only provide the required sets
of construction plans along with the corresponding application fee.
3. National Pollutant Discharqe Elimination Svstem (N.PD.E.S.) Construction
General Permit
N.P.D.E.S. Description
Unless otherwise noted, N.PD.E.S. requirements applies and requires
documentation to be prepared and signed by the Contractor before conducting
construction operations/activities impacting more that one (1) acre, in
accordance with the terms and conditions of the National Pollutant Discharge
Elimination System (N.P.D.E.S.) Stormwater Permit, as required by Florida
Administrative Code (FA C.) Chapter 62 - 621.
The Contractor shall be for responsible for implementation, maintenance, and
inspection of stormwater pollution prevention control measures in accordance
with FAC. Chapter 62 - 621 including, but not limited to, erosion and sediment
control, stormwater management plans, waste collection and disposal, off-site
vehicle tracking, and other practices shown on the Drawings and/or specified
elsewhere in this or other specifications. The stormwater pollution prevention
control measures shall include protection of offsite public and private storm
sewer facilities potentially impacted during construction. stormwater facilities
include streets, inlets, pipes, ditches, swales, canals, culverts, control structures,
and detention/retention areas.
The Contractor shall prepare and review implementation of the Stormwater
Pollution Prevention Plan (S.W.P.P.P.) in a meeting with the County prior to start
of construction.
GC-CA-I-12
1682
Notice Of Intent (N.O.I.)
Unless otherwise noted, the Contractor shall fill out, sign, and date a Notice of
Intent to Use Generic Permit for Stormwater Discharge from Large and Small
Construction Activities, (FD.E.P. Form 62 - 621.300(4)(b)). Submit the signed
copy of the N.O.1. to the County. The County will submit the completed form to
the F.D.E.P. along with the required permit fee and a copy of the form to Collier
County Engineering Services Department.
Certification Requirements
On the attached "Operator's Information Form", fill out the name, address, and
telephone number for the Contractor, persons or firms responsible for
maintenance and inspection of erosion and sediment control measures, including
all Subcontractors.
The Contractor and Subcontractors named in the Operator's Information form
shall read, sign and date the attached Contractor's/Subcontractor's Certification
form.
The persons or firms responsible for maintenance and inspection of erosion and
sediment control measures shall read, sign, and date the attached "Erosion
Control Contractor's Inspection and Maintenance Certification Form".
Submit both forms to the County Manager or designee before beginning
construction.
Retention Of Records
Retain a copy of the S.W.P.P.P. at the construction site and at the Contractor's
office from the date that it became effective to the date of project completion.
At project closeout, submit to the County all completed "S.W.P.P.P. Inspection
and Maintenance Reports" (example form attached). Records will be retained by
the County Manager or designee for a period of three (3) years from the date of
project completion.
Required Notices
The following notices shall be posted from the date that the S.W.P.P.P. goes into
effect until the date of final site stabilization:
1. A copy of the submitted N.O.1. and a brief project description, as given in the
S.W.P.P.P., shall be posted at the construction site and at the Contractor's office
in a prominent place for public viewing.
GC-CA-I-13
16B2
2. Notice to drivers of equipment and vehicles, instructing them to stop, check
and clean tires of debris and mud before driving onto traffic lanes. Post such
notices at every stabilized construction exit area.
3. Post a notice of waste disposal procedures in an easily visible location on site.
4. Notice of hazardous material handling and emergency procedures shall be
posted with the N.O.1. on site. Keep copies of Material Safety Data Sheets at a
location on site that is know to all personnel.
5. Keep a copy of each signed certification at the construction site and at the
Contractor's office.
GC-CA-I-14
1 6 8 2 . k'1
OPERATOR'S INFORMATION
Owner's Name and Address:
Collier County Stormwater Management
Department
2885 S. Horseshoe Drive
Naples, Florida 34104
239.774.8192
Contractors' Names and Addresses:
General Contractor:
Telephone:
Site Superintendent:
Telephone:
Erosion Control and
Maintenance Inspection:
Telephone:
Subcontractors' Names and Addresses:
Phone:
Phone:
GC-CA-I-15
1682
CONTRACTOR'S I SUBCONTRACTOR'S CERTIFICATION
I certify under penalty of law that I understand the terms and conditions of Florida's
National Pollutant Discharge Elimination System (N.P.D.E.S.) Construction General
Permit that authorizes storm water discharges associated with activity from the
construction site identified as part of this certification, and that I have received a copy of
the S.w.P.P.P.
Signature:
Name: (printed or typed)
Title:
Company:
Address:
Signature:
Name: (printed or typed)
Title:
Company:
Address:
Signature:
Name: (printed or typed)
Title:
Company:
Address:
GC-CA-I-16
16B2
EROSION CONTROL CONTRACTOR'S
INSPECTION AND MAINTENANCE CERTIFICATION
I certify under penalty of law that I understand the terms and conditions of Florida's
National Pollutant Discharge Elimination System (N.P.D.E.S.) Construction General
Permit that authorizes storm water discharges associated with activity from the
construction site identified as part of this certification, and that I have received a copy of
the S.w.P.P.P.
Signature:
Name: (printed or typed)
Title:
Company:
Address
Date:
GC-CA-I-17
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NOTICE OF INTENT
TO USE GENERIC PERMIT FOR STORMWATER
DISCHARGE FROM LARGE AND SMALL
CONSTRUCTION ACTIVITIES
(RULE 62-621.300(4), F.A.C.)
This Notice of Intent (NOI) form is to be completed and submitted to the Department before use of the
Generic Permit for Stormwater Discharge From Large and Small Construction Activities provided in Rule
62-621.300(4), FAC. The type of project or activity that qualifies for use of the generic permit, the
conditions of the permit, and additional requirements to request coverage are specified in the generic
permit document [DEP Document 62-621.300(4)(a)]. The appropriate generic permit fee, as specified
in Rule 62-4.050(4)(d), F.A.C., shall be submitted with this NOI in order to obtain permit coverage.
Permit coveraQe will not be Qranted without submittal of the appropriate Qeneric permit fee, You
should familiarize yourself with the generic permit document and the attached instructions before
completing this NOI form. Please print or type information in the appropriate areas below.
I. IDENTIFICATION NUMBER:
Project ID
II. APPLICANT INFORMATION:
A. Operator Name:
B. Address:
C. City: I D. State: I E. Zip Code:
G. Responsible Authority:
F. Operator Status:
H. Phone No.:
III. PROJECT/SITE LOCATION INFORMATION:
A. Project Name:
B. Project Address/Location:
C. City: T D. State: I E. Zip Code:
I G. Latitude: 0 , Longitude: 0 ,
F. County: " "
H. Is the site located on Indian lands? Yes No II. Water Management District:
J. Project Contact: I K. Phone No.:
GC-CA-I-19
1682
IV. PROJECT/SITE ACTIVITY INFORMATION:
Large Construction (Project will disturb five or more acres of land.)
Small Construction (Project will disturb one or more acres but less than five acres of
land.)
land disturbance from commencement through completion of construction:
Address in Part II above
Address in Part III above
Other address (specify below)
F. State:
G. Zip Code:
Start Date:
Completion Date:
V. DISCHARGE INFORMATION
A. MS4 Operator Name (if applicable):
B. Receiving Water Name:
VI. CERTIFICATION:
I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the
system or those persons directly responsible for gathering the information, the information submitted is, to
the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment for knowing
violations.
.. '
. .... ..... . . . -
Signature:
Date Signed:
GC-CA-I-20
1682
INSTRUCTIONS - DEP FORM 62-621.300(4)(b)
NOTICE OF INTENT (NOI) TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE FROM
LARGE AND SMALL CONSTRUCTION ACTIVITIES
Who Must File an NOI:
Federal law at 40 CFR Part 122 prohibits the point source discharge of pollutants, including the discharge
of stormwater associated with large construction activities as defined at 40 CFR 122.26(b)(14)(x) or small
construction activities as defined at 40 CFR 122.26(b)(15), to waters of the United States without a
National Pollutant Discharge Elimination System (NPDES) permit Under the State of Florida's authority
to administer the NPDES stormwater program at 403.0885, F.S., operators that have stormwater
discharge associated with large or small construction activities to surface waters of the State, including
through a Municipal Separate Storm Sewer System (MS4), must obtain coverage either under a generic
permit issued pursuant to Chapter 62-621, FAC., or an individual permit issued pursuant to Chapter 62-
620, FAC.
Where to File NOI:
NOls for coverage under this generic permit must be sent to the following address:
NPDES Stormwater Notices Center, MS #2510
Florida Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Permit Fee:
Permit fees for large and small construction activities to be covered under the generic permit are specified
in Rule 62-4.050(4) (d), FAC. The appropriate generic permit fee (either for large or small construction
activities) must be submitted along with the completed NOI in order to obtain coverage under the generic
permit Generic permit coverage will not be granted without payment of the appropriate permit fee.
The permit fee shall be paid by either check or money order made payable to: "Florida Department of
Environmental Protection"
Part 1- Identification Number
Enter the project's DEP identification number (generic permit coverage number) if known. If an ID number
has not yet been assigned to this project (Le., if this is a new project). leave this item blank.
Part II - Applicant Information
Item A: Provide the legal name of the person, firm, contractor, public organization, or other legal entity
that owns or operates the construction activity described in this NO!. The operator is the legal entity that
has authority to control those activities at the project necessary to ensure compliance with the terms and
conditions of the generic permit
Items B. - E.: Provide the complete mailing address of the operator, including city, state, and zip code.
Item F.: Enter the appropriate one letter code from the list below to indicate the legal status of the
operator:
F = Federal; S = State; P = Private; M = Public (other than federal or state); 0 = Other
GC-CA-I-21
1682
Items G. - H.: Provide the name and telephone number (including area code) of the person authorized to
submit this NOI on behalf of the operator (e.g., Jane Smith, President of Smith Construction Company on
behalf of the operator, Smith Construction Company; John Doe, Public Works Director on behalf of the
operator, City of Townsville; etc.). This should be the same person as indicated in the certification in Part
VI.
Part III - Project/Site Location Information
Items A. - E.: Enter the official or legal name and complete street address, including city, state, and zip
code of the project. Do not provide a P.O. Box number as the street address. If it lacks a street address,
describe the project site location (e.g., intersection of State Road 1 and Smith Street).
Item F.: Enter the county in which the project is located.
Item G.: Enter the latitude and longitude, in degrees-minutes-seconds format, of the approximate
center of the project.
Item H.: Indicate whether the project is located on Indian lands.
Item I.: Enter the appropriate five or six letter code from the list below to indicate the Water Management
District the project is located within:
NWFWMD = Northwest Florida Water Management District
SRWMD = Suwannee River Water Management District
SFWMD = South Florida Water Management District
SWFWMD = Southwest Florida Water Management District
SJRWMD = St. John's River Water Management District
Items J. - K.: Give the name, title, and telephone number (including area code) of the project contact
person. The project contact is the person who is thoroughly familiar with the project, with the facts
reported in this NOI, and who can be contacted by the Department if necessary.
Part IV - Project/Site Activity Information:
Item A.: Check the appropriate box to indicate whether the project involves large construction activity or
small construction activity. Check one box only.
"Large Construction Activity" means construction activity that results in the disturbance of five (5) or more
acres of total land area. Large construction activity also includes the disturbance of less than five acres
of total land area that is part of a larger common plan of development or sale if the larger common plan
will ultimately disturb five acres or more.
"Small Construction Activity" means construction activity that results in the disturbance of equal to or
greater than one (1) acre and less than five (5) acres of total land area. Small construction activity also
includes the disturbance of less than one acre of total land area that is part of a larger common plan of
development or sale that will ultimately disturb equal to or greater than one acre and less than five acres.
Item B.: Provide the approximate total area of land disturbance in acres that the project will involve from
commencement of construction through completion.
Items C. - G..: Indicate the location where the Stormwater Pollution Prevention Plan (SWPPP) can be
viewed. Provide the address where the SWPPP can be viewed if other than as provided in Parts II or III
of the NOI. Note that to be eligible for coverage under the generic permit, the SWPPP must have
been prepared prior to filing this NO!.
Item H.: Enter the estimated construction start and completion dates in the MM/DDNY format.
GC-CA-I-22
1682
Part V - Discharge Information
Item A: If stormwater from the project discharges to a municipal separate storm sewer system (MS4),
enter the name of the operator of the MS4 (e.g., City of Tallahassee MS4, Orange County MS4, FDOT
MS4, etc.). If stormwater from the project does not discharge to an MS4 but rather discharges to surface
waters of the State, leave this item blank or indicate "N/A" and skip to Item B of this part. Please note
that if the project discharges stormwater to an MS4, you must provide the MS4 operator with a
copy of the completed NO!.
Item B.: If the project discharges stormwater to surface waters of the State, and not to an MS4, enter the
name of the receiving water body to which the stormwater is discharged. Please provide the first named
water body to which the stormwaler from the project is discharged (e.g., Cypress Creek, Tampa Bay,
unnamed ditch to Sl Johns River, Tate's Hell Swamp, etc.).
Part VI - Certification
Type or print the name and official title of the person signing the certification. Please note that this should
be the same person as indicated in Item II.G. as the Responsible Authority. Sign and date the
certification.
Section 403.161, F.S., provides severe penalties for submitting false information on this application (NOI) or
any reports or records required by a permit. There are both civil and criminal penalties, in addition to the
revocation of permit coverage for submitting false information.
Rule 62-620.305, FAC., requires that the NOI and any reports required by the permit to be signed as
follows:
A For a corporation, by a responsible corporate officer as described in Rule 62-620.305, FAC.;
B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or,
C. For a municipality, state, federal or other public facility, by a principal executive officer or elected
official.
GC-CA-I-23
1682
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORMWATER
NOTICE OF TERMINATION
(RULE 62-621.300(6), F.A.C.)
This form is to be completed and submitted to the Department to terminate coverage under the Generic
Permit for Stormwater Discharge From Construction Activities that Disturb Five or More Acres of Land
and the Generic Permit for Stormwater Discharge from Large and Small Construction Activities provided
in Rule 62-621.300(4), FAC., and the Multi-Sector Generic Permit for Stormwater Discharge Associated
with Industrial Activity provided in Rule 62-621.300(5), FAC., as well as the conditional exclusion for "no
exposure" of industrial activities and materials to stormwater provided in Rule 62-620.100(2)(0), FAC.
All information provided on this form shall be typed or printed in ink.
I. TERMINATION INFORMATION:
B. Reason for Termination:
A. Facility/Project Number:
No longer operator of the facility/project.
Final stabilization criteria is met and all stormwater discharges associated with construction activity have ceased
for construction activi onl .
All stormwater discharges associated with industrial activity have ceased (for industrial activity only).
No longer meet the condition of "no exposure" (for industrial activity only).
II. OPERATOR INFORMATION:
A. Operator Name:
B. Address:
C City: I D. State: E. Zip Code:
F. Responsible Authority: G. Responsible Authority's Phone No.:
H. Responsible Authority's Email Address: I. Responsible Authority's Fax No.:
III. FACILITY/PROJECT INFORMATION:
A. Name:
B. Address/Location:
C. City: I D. State: I E. Zip Code:
F. County:
GC-CA-I-24
1682
IV. CERTIFICATION:
I certify under penalty of law that all stormwater discharges associated with industrial or construction
activity from the identified facility or project that are authorized by the referenced State of Florida generic
permit have been eliminated; the facility no longer meets the conditional exclusion for "no exposure"
outlined in Rule 62-620.100(2)(0), FAC.; or that I am no longer the operator of the facility or project. I
understand that by submitting this Notice of Termination, I am no longer authorized to discharge
stormwater associated with industrial or construction activity under a generic permit, and that discharging
pollutants in stormwater associated with industrial or construction activity to surface waters of the State is
unlawful unless authorized by a permit issued pursuant to 403.0885, F.S. I also understand that the
submittal of this Notice of Termination does not release an operator from liability for any violations of this
permit or conditional exclusion for "no exposure" from NPDES stormwater permitting for industrial
activities.
Date Signed:
Signature:
GC-CA-I-25
16B2
INSTRUCTIONS - DEP FORM 62-621.300(6)
NPDES STORMWATER NOTICE OF TERMINATION (NOT)
Who May File a NOT:
Permittees who presently are covered under the Generic Permit for Stormwater Discharge From
Construction Activities that Disturb Five or More Acres of Land or Generic Permit for Stormwater
Discharge from Large and Small Construction Activities
provided in Rule 62-621.300(4), FAC., the Multi-Sector Generic Permit for Stormwater Discharge
Associated with Industrial Activity provided in Rule 62-621.300(5), FAC., or the conditional exclusion for
"no exposure" of industrial activities and materials to stormwater provided in Rule 62-620.100(2)(0),
FAC. may submit a Notice of Termination (NOT) when their facility or project no longer has any
stormwater discharges associated with industrial activity as defined in Rule 62-620.200(46) FAC.;
stormwater discharge associated with construction activity as defined in DEP Document 62-
621.300(4)(a); no longer meets the condition of "no exposure" defined in Rule 62-620.100(2)(0), FAC.:
or when they are no longer the operator of the facility or project.
For construction activities, elimination of all stormwater discharges associated with industrial activity
occurs when disturbed soils at the construction site have been finally stabilized and temporary erosion
and sediment control measures have been removed or will be removed at an appropriate time, and all
stormwater discharges associated with construction activity from the construction site that are authorized
under the generic permit have been eliminated. Final stabilization means that all soil-disturbing activities
at the site have been completed and that a uniform (e.g., evenly distributed, without large bare areas)
perennial vegetative cover with a density of at least 70% for all unpaved areas and areas not covered by
permanent structures has been established, or equivalent permanent stabilization measures (e.g.,
geotextiles) have been employed.
Where to File NOT:
One copy of the completed NOT shall be submitted to the following address:
NPDES Stormwater Notices Center, MS #2510
Florida Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
NOT Application Fee:
There is no application fee for submitting a NOT.
Additional Notification:
If stormwater associated with industrial or construction activity discharged to a Municipal Separate Storm
Sewer System (MS4), a copy of the completed NOT shall be provided to the operator of the MS4.
For construction activities, if other contractors/subcontractors are covered under the permittee's Notice of
Intent (NOI) and/or Stormwater Pollution Prevention Plan (SWPPP), a copy of the completed NOT shall
be provided to each additional contractor/subcontractor known to the permittee to be covered or claiming
coverage under the permittee's NOI and/or SWPPP. Contractors/subcontractors claiming coverage
under a permittee's NOI must assure proper permit coverage for the duration of their regulated activity.
Failure of the permittee to provide a copy of the NOT as provided herein shall not relieve the
contractor/subcontractor relying upon the permittee's NOI from the required permit coverage or any
potential enforcement action arising from the regulated activity.
Part I - Termination Information:
Item A: Enter the DEP Facility/Project Number for the facility/project.
Item B.: Indicate the reason for termination of coverage.
Part II - Operator Information:
Item A: Provide the legal name of the entity (operator) to which coverage was granted.
Items B. - E.: Provide the complete mailing address of the operator, including city, state, and zip code.
GC-CA-I-26
1682
Items F. - G.: Provide the name and telephone number (including area code) of the person authorized to
submit this NOT on behalf of the operator. This should be the same person as indicated in the
certification in Part IV.
Items H.-I.: Provide the email address and fax number (including the area code) of the person authorized
to submit this NOT on behalf of the operator. If the responsible authority does not have or does not wish
to provide this information, indicate "N/A" in the appropriate space provided.
Part III - Facility/Project Information:
Items A-E.: Enter the official or legal name and complete street address, including city, state, and zip
code of the facility/project site. Do not provide a PO Box number as the street address. If it lacks a
street address, describe the facility/project site location (e.g., intersection of State Road 1 and Smith
Street).
Item F.: Enter the county in which the facility/project site is located.
Part IV - Certification:
Type or print the name and official title of the person signing the certification. Sign and date the
certification.
Section 403.161, F.S., provides severe penalties for submitting false information on this NOT or any reports
or records required by a permit. There are both civil and criminal penalties for submitting false information.
Rule 62-620.305, FAC., requires that the NOT be signed as follows:
A. For a corporation, by a responsible corporate officer as described in Rule 62-620.305, FAC.;
B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or
C. For a municipality, state, federal or other public facility, by a principal executive officer or
elected official
GC-CA-I-27
1682
Maintenance of Traffic Procedure 02-23-06 as Referenced in BASIC
STORMWATER MANAGEMENT DEPARTMENT CONDITIONS - TRAFFIC
CONTROL SECTION
A. Contractor Requirements (External):
1. Each Contractor shall maintain at least one employee on-staff that has
obtained a Work Zone Traffic Control Safety Qualification from the
International Municipal Signal Association (I.M.SA) or an approved,
equivalent qualification from the American Traffic Safety Services Association
(AT.S.SA), the Florida Department of Transportation (F.D.O.T.) or any other
agency, group or consulting firm that provides acceptable certifications in this
area. Approval shall be obtained through Collier County's Risk Management
Department.
2. Effective November 6, 2001, each Contractor shall obtain one of the above
mentioned qualifications within sixty (60) days upon submission of a bid/quote
or prior to the start of any work activity and/or Notice to Proceed, whichever is
sooner. Failure to comply with this requirement may result in project
shutdown, loss of contract or failure to bid any additional Collier County
Projects until qualification is obtained.
3. Each Contractor shall provide copies of qualifications, attached to company
letterhead, to Collier County's Risk Management Department for
documentation purposes. This file shall be evaluated for adequate
qualifications prior to any contract being awarded. A complete copy of the
Collier County M.OT Policy is also available from Risk Management.
Contact information can be obtained from Attachment # 1.
4. Maintenance of Traffic Policy Review shall be held during the initial pre-
construction meeting in order to answer any questions that may arise
regarding the Policy. These meetings shall be coordinated through Collier
County's Project Management, however, it is ultimately the Contractor's
responsibility to make sure all questions and concerns are addressed.
5. Where right-of-way connection or work permits are required, the Contractor
shall submit a Maintenance of Traffic (M.OT) Plan for any project involving
work or activity that may affect traffic on any County street, roadway, median,
bike path or sidewalk. The M.OT Plan must be signed by the contractor's
qualified "Work Zone" employee or developing agency and submitted to all
applicable departments.
6. Specific permitting requirements shall be obtained from Collier County's
Transportation Engineering and Construction Management Department,
Collier County's Transportation Operations Department, Permit Section, or
other applicable departments, as necessary. This must be done before any
GC-CA-I-28
16B2
work begins. Contact information is available in attachment # 1. A copy of
the M.OT Plan must also be kept at the work location at all times.
7. In the event that the M.OT Plan changes during the project, documentation
of the change(s) shall be made by the contractor's qualified Work Zone
employee and noted on the work-site M.OT Plan. The Contractor is not
required to forward the changes to the M.O.T. Plan to applicable Collier
County departments or their representatives, unless directed to do so.
However, the Contractor will be required to show changes on the written
M.OT Plan and present them upon request.
8. The Contractor must ensure that all their employees and sub-contracted
employees have knowledge and have proven to be competent in setting up
work zones when the Contractor's qualified Work Zone Safety Inspector will
not be immediately available.
9. Emergency work that is being performed by a Contractor will not require the
Contractor to submit a M.OT Plan. However, the Contractor must comply
with all requirements, as previously described.
10.AII signs shown on the M.OT shall comply with the current M.U.T.CD. -
Part VI or the 600 Series of Florida Department of Transportation Design
Standards.
11.AII aspects of the current M.U.T.CD. - Part VI and/or F.D.OT Design
Standards, 600 series shall be strictly followed and enforced at all times.
12. Every attempt shall be made to avoid lane/road closures: Where it is not
possible to completely avoid these closures, the following procedures shall be
followed:
a. The Contractor shall notify Collier County's T.E.C.M. Department,
Transportation Operations Department and/or the Transportation
Division's Community Liaison. Collier County will assist in the public
notification of said lane/road closures; however, it is ultimately the
contractor's responsibility to ensure that all necessary parties have been
informed.
b. No road/lane closures will be permitted between the hours of 7:00 - 9:00
AM. and between 3:30 P.M. and 6:30 P.M. Exceptions can be made at
the discretion of the Transportation Services Administrator or designee.
Emergency closures do not fall under these requirements. If an
emergency closure is necessary during the times listed above, notification
to applicable Collier County's departments must be made as soon as
possible (within 1 hour).
GC-CA-I-29
1682
c. The Contractor must also notify Collier County's Bureau of Emergency
Services Division and/or any of the below listed agencies, when, the
lane/road closure may cut off a standard route used by Fire, E.M.S.,
Police or other emergency agencies. The Contractor shall also make the
appropriate notifications when closures may affect schools, residents or
businesses.
d. Such notifications must be made at least 5 working days prior to the start
of construction or as soon as possible (within 1 hour) in the event of an
emergency. Notification of project termination shall also be made to
above-mentioned parties as soon as the project is completed.
e. Closures on two-lane two-way roads must be limited, where possible, to
single lane closures with traffic controlled by approved traffic control
devices, flaggers, temporary traffic lighting and/or other approved means
of work zone traffic control as specified within the M.U.T.C.D. (current
edition) and/or the F.D.OT. Design Standards (current edition).
f. Lane closures on multilane roads should be limited to single lane closures,
where possible. Where single lane closures are not feasible, Contractors
shall submit justification for the closure of multiple lanes. The
Transportation Services Administrator or his designee shall make final
determination. However, where multiple lane closures create a greater
hazard to pedestrians, bicyclists, vehicular traffic or others using existing
sidewalks, bike paths or bike lanes, Collier County's Risk Management will
have final authority over these closures.
g. If the work cannot be performed without closing all traffic lanes, but the
closures can be limited to intervals no longer than five-minute durations
(e.g., to accommodate necessary equipment operations), flaggers shall
be used to control traffic as necessary. ALL FLAGGERS SHALL BE
PROPERLY TRAINED IN FLAGGING METHODS.
h. If the work cannot be performed without closing all traffic lanes for periods
longer than five (5) minute durations, provisions must be made to
maintain access to all developed properties, businesses, etc. Access may
be granted by properly signed and/or marked detours or other approved
methods.
1. The Contractor shall prepare a detailed M.OT. Plan where road closures
are proposed. The detailed M.OT. Plan must show the limits of the road
closure, detour routes and/or other means of maintaining access,
temporary signage and markings that will be used, and any other
information deemed necessary according to state (FD.OT. Design
Standards 600 Series) and/or Federal (M.UT.C.D.) regulations.
GC-CA-I-30
16B2
j. The M.OT Plan for road closures shall be submitted to respective parties
at least five business days prior to each separate road closure. No road
closures, other than for an emergency, are authorized without the prior
approval of the Transportation Services Administrator or an appointed
designee.
k. If an immediate road closure is necessary to safeguard life and/or public
or private property, prior approval will NOT be required. However,
notification to Collier County Risk Management, the Transportation
Services Administrator or designee, the Permits Manager or an appointed
designee shall be made as soon as possible (within 1 hour), as long as
the notification effort does not compromise the primary efforts to
safeguard life and/or property.
Upon request from Collier County's Risk Management Department, the Transportation
Operations Department or any Collier County Work Zone Inspector, the Contractor shall
provide M.O. T. Plans at any time during the project. In the event that the approved MOT plan is
not availab/e or not being followed, the Contractor must immediately eliminate all deficiencies.
Failure to comply may result in project shutdown until all deficiencies are corrected and will be
determined according to the hazards that are presented and their potentia/ effect on public
safety.
GC-CA-I-31
16B2
COLLIER COUNTY GOVERNMENT CONTACT/EMERGENCY NUMBERS
Daytime # Weekday Weekend Fax # EMERGENCY
I Department Contact Pager # Pager # #
I Sheriffs Office Dispatch 239.793.9300 239.793.9300
239.774.8924 Day: 239.417.6320
Road Maintenance Andy Vaniscak 239.774.6406 Eve: 239.417.6320
239.774.8925
,
I Travis Gossard
! 239.591.0186
Wastewater Collections Jerry Tharp 239.253.8169
239.530.6245
Water Distribution Pam Libby 239.253.0951 (c) 239.982.2215 239.263.8619 239.435.4495
Jessy 239.253.0948 (c)
Tv Stuller
239.774.8260
Traffic Signals Victor Philogene 239.982.3446 239.982.3446 239.213.5868 Day. 239.774.8260
I Bob Tipton Eve: 239.253.0458
, 239.774.8260
, Traffic Signs 239.513.5798 239.277.4227 239.213.5868
Steve E. Ritter Day: 239.774.8260
Bob Tioton Eve: 239.253.0458
239.774.8283 239.774.8048 239.253.0921
Risk Management - Safety Greg Barlow
Engineer
~k Management - Safety Michael Dock 239.774.8091
.aaer
Purchasing 239.774.8407 239.732.0844
Community Liaison Main Number 239.774.8192 239.595.6545
239.774.9370
Eileen O'Grady 239.213.5801 239.253.5616
239.774.8365
Connie Dean
Day:
Alternative Transportation Director Diane B. Flagg 239.774.8192 239.213.5899
Cell:
Bob Petersen 239.253.4982
Landscape Operations Cell:
239.253.2326
Day:
Transportation Operations Director Bob Tipton 239.659.5782 239.659.5787 Day: 239.659.5782
Cell: Eve: 239.598.3123
239.253.0420
Day:
Permits Manager Mitch Riley 239.659.5767 239.213.5828 Day: 239.659.5767
Cell:
239.253.3164
Day:
TEeM Liaison Sandi Brunker 239.774.8271
Cell:
239.734.0384
Public Utilities Engineering Fred Sexton Cell:
--- Inspector 239.877.8288
-
Revision Date December 18, 2006
GC-CA-I-32
16B2
EXHIBIT J
TECHNICAL SPECIFICATIONS
1. All roadway materials and work shall be supplied and completed in accordance
with the FDOT "Standard Specifications for Road and Bridge Construction" dated
2006, as revised to date.
2. Clearing and grubbing shall be limited to 75' drainage easement and work areas
only. Contractor shall be responsible for restoring all areas disturbed by his
work. All disturbed areas shall be sodded to match existing.
3. Design Professional shall be responsible for initial survey control to be used for
construction layout. Contractor shall be responsible for all construction layout.
4. Contractor shall field verify all existing culverts and structures in which
connections are to be made.
5. Contractor shall be responsible for the cost of all backfill and concrete testing
required. Testing shall include the following:
A. Culvert, Roadway Crossing Only
1. Bedding: Minimum of 2 tests shall be taken for every 100 lineal
feet of pipe being installed. Testing shall be above the top of pipe.
2. Fill: Minimum of 2 tests shall be taken for every 100 lineal feet of fill
installed over the pipe.
B. Concrete
1. Concrete: A minimum of 3 concrete test cylinders shall be made
and tested for each day's concrete placement for cast-in-place
structures and driveways.
6. Contractor shall coordinate with all utilities for location of existing facilities and
shall coordinate for all utility adjustment, and relocation required. Contractor
shall coordinate with Collier County Utilities for the temporary and final relocation
of water mains. Contractor shall coordinate all utility outages which may require
night work.
7. Contractor shall be responsible for all Maintenance of Traffic for the project.
Maintenance of Traffic shall be in accordance with the FDOT Standard Index and
the Manual of Uniform Traffic Control Device (MUTCD, Part VI).
GC-CA-J-1
16B2
8. Contractor shall coordinate his work with all other County Contractors and
workers.
9. Contractor shall provide a Project Sign upon issuance of a Notice to Proceed. In
order to keep the public informed regarding this Stormwater Management
project, the Contractor shall be required to provide one (1) Construction Project
Signs (4' x 8') to be placed on/within Project Site's Right-of-Way as directed by
the County. The sign shall be supported by a minimum of two 4" x 4" white
painted posts. The sign shall contain the following information:
The left one quarter (1/4) of the sign shall contain the current Collier County logo and a
listing of the current Collier County Board of County Commissioners with names and
district.
Donna Fiala - District 1
Frank Halas - District 2
Tom Henning - District 3
Fred Coyle - District 4
Jim Coletta - District 5
With Specific Note: "Your Tax Dollars at Work"
Color shall be: English Ivy Green Glossy Back Ground with White Letters
Border: Black Glossy
The right three quarters (3/4) side of the sign(s) shall contain the following:
Name of Project: Livingston Drainage, Palm River Estates Unit 5 and Imperial Golf
Estates Unit 4 Stormwater Improvement
Project Design Professional: Q. Grady Minor & Associates, PA
Project Coordinator:
Project Management Stormwater Management Dept.
Project Completion Date: , 2008
Contact for Project Information: Val Prince, Project Manager (239) 774-8192
Color: White Back Ground with English Ivy Green Letters
Border: Black Glossy
The size of the sign(s) shall be four feet (4') high by eight feet (8') wide unless otherwise
requested by the County. The sign shall be in the conformance with the Collier County
Land Development Code and in a format approved by the County. The Project
Manager shall be provided a proof of the sign format for approval prior to sign
construction.
GC-CA-J-2
1682
EXHIBIT J
TECHNICAL SPECIFICATIONS
(CONTINUED)
MEASUREMENT AND PAYMENT
PART 1
GENERAL
1.01 WORK INCLUDED
A. Work under this contract shall be measured and paid for as specified in
this Division. Payment for any item of work shall be full compensation for
the following:
1. Furnishing all labor, tools, equipment and material.
2. Incidental clearing, grubbing, hauling and suitable disposal of
debris related to the work.
3. Delivering and installation or placement of material.
4. Excavation, dewatering, stabilization, sheeting, harnessing or
bracing and backfilling.
5. Testing to meet requirements of these Specification or applicable
permit requirements.
6. Safety precautions, traffic management, damages arising from the
nature of the work ad action of the elements or any unforeseen
difficulties encountered during the prosecution of the work until
acceptance by Owner.
7. Costs and expenses for all taxes, commissions, transportation,
patent fees and royalties.
8. Final grading and cleanup.
9. Any incidental work normally associated with the item of work.
B. The quantities of payment under this Contract will be determined by actual
measurement of the completed item, in place, ready for service and
accepted by Owner, in accordance with the applicable method of
measurement stated below. A representative of Contractor shall witness
all field measurement.
GC-CA-J-3
16B2
C.
Payment for any quantities of work in excess of those shown on the Bid
Form will not be made without prior written authorization of such additional
work authorized by owner through the Engineer.
PART 2
PAYMENT OF ITEMS
2.01 MEASUREMENT AND PAYMENT
A. Unless specified otherwise in the Bid Form, work under this Contract shall
be measured and paid for as follows:
1. Mobilization/Demobilization: Measurement for
mobilization/demobilization shall be by Lump Sum for the project
and shall not exceed 10% of the amount for the Base Bid. The
work shall include, but not be limited to, those operations necessary
for the movement of personnel, equipment, supplies and incidentals
to and from the project site and for the establishment of temporary
offices, buildings, safety equipment and first aid supplies, sanitary
and other facilities. The cost of bonds and insurance and any other
pre-construction expense necessary for the start of the work,
excluding the cost of construction materials, shall be included.
2. Stormwater Pollution Plan: Measurement shall be by Lump Sum
for the project and shall be pro-rated during the construction based
upon work competed. Work shall include all labor, materials and
equipment necessary for implementation of the Stormwater
Pollution Presentation Plan. This shall include initial installation of
stormwater pollution barriers, maintenance of barrier and their
removal upon completion of work.
3. Project Sign: Measurement and Payment shall be by Lump Sum
for the project. Work shall include all labor, material and equipment
to provide, install and maintain the Project Sign at the site. Upon
completion of the Work, the sign shall be removed and disposed of
properly.
4. Clearing and Grubbing: Measurement and payment shall be Lump
Sum and shall be pro-rated during the construction based upon
work completed. Work shall include all labor, materials and
equipment for each Clearing and Grubbing. This shall include but
not be limited to: existing culvert and headwall demolition; existing
pavement, curb and gutter demolition and miscellaneous vegetation
and landscape removal.
5. Temporary and Permanent Utility Relocation: Measurement and
payment shall be per lineal foot for water main relocated. Work
GC-CA-J-4
16B2
shall include all labor, materials and equipment for each Phase,
Temporary and Permanent utility relocation (water). This shall
include but hot be limited to: coordination with Collier County Utility
for temporary outages and other requirements; construction of
temporary bypasses; final construction of relocated water mains as
required.
6. Culvert AbandonmenURemoval: Measurement and Payment shall
be per lineal foot. Work shall include all labor, materials and
equipment necessary for excavation, pipe removal as indicated,
pipe grouting as indicated, backfilling and compacting and
restoration.
7. Storm Structure Removal: Measurement and payment shall be per
each removed. Work shall include all labor, materials and
equipment necessary for excavation, removal and disposal,
backfilling and compacting and restoration.
8. New Drainage Structures: Measurement and payment shall be per
each new drainage structure installed. Work shall include all labor,
materials and equipment necessary for installation of new drainage
structures at existing culverts. (Includes new miter end sections,
headwalls, catch basins, etc.)
9. Storm Culvert: Measurement and payment shall be per lineal foot
of storm culvert installed except for the proposed dual 48" RCP
culvert and MES and 18" RCP adjustment which shall be Lump
Sum and each as indicated. Work shall include all labor, materials
and equipment necessary for installation of excavation, pipe
installation, backfilling and compacting and miscellaneous
restoration.
10. Rip Rap Blanket: Measurement and payment shall be per square
yard of Rip Rap installed. Work shall include all surface
preparation and grading and Rip Rap installed. Rip Rap shall be
FOOT Rubble (Ditch Lining). Spec. 530-2.2.2.
11. Lake Bank Reconstruction: Measurement and payment shall be
Lump Sum for reconstruction of the Tract C Lake at two (2)
locations. Work shall include all labor, materials and equipment
necessary for miscellaneous clearing and grubbing, filling and
compacting and site restoration.
12. Channel RealignmenUConstruction: Measurement and payment
shall be Lump Sum and pro-rated during construction for the
Channel RealignmenUConstruction. It shall include all excavation,
GC-CA-J-5
1682
filling and compacting, grading, sodding and pinning of side slope
and other miscellaneous work.
13. Stabilized Accessway: Measurement and payment shall be per
lineal foot of stabilized accessway construction. It shall include
excavation, grading, installation of stabilizing material, final grading
adjacent to acessway and sodding.
14. Existing Fence Removal: Measurement and payment shall be per
lineal foot of chain link fence removal along the north side of the
drainage easement (Imperial Golf). Other miscellaneous fence
removal indicated shall be included in the Clearing and Grubbing
Price. It shall include removal of fence fabric, rolling it and
stockpiling it on site as directed. Fence posts shall be removed and
stockpiled at the site as directed.
15. Concrete Curb Removal/Reconstruction (Tract C): Measurement
and payment shall be Lump Sum for the miscellaneous curb
removal/reconstruction. It shall include all labor, material and
equipment necessary for existing curb removal and its replacement.
16. Valley Gutter: Measurement and payment shall be per lineal foot of
valley gutter installed. Work shall include all labor, material and
equipment necessary for its installation including saw cutting of
existing pavement, excavation, compacting, valley gutter
installation and miscellaneous site restoration.
17. Access Gate and Fence: Measurement and payment shall be
Lump Sum for installation for installation of the access gate and
fence. Work shall include all labor, material and equipment
necessary for installation of the access gates with signage and
fencing as indicated.
GC-CA-J-6
1682
EXHIBIT K
PERMITS
The following Permits for the Project have already been obtained by Collier County or
are the Contractor's responsibility to obtain, as noted below. Copies of all obtained
Permits shall be made available to the Contractor. It shall be the Contractor's
responsibility to read and understand all Permit and Permit Conditions.
1. NPDES/FDEP Generic Stormwater Pollution Prevention Permit
County has applied for and will obtain.
2. Collier County Right-of-Way Permit Contractor obtained. Owner has received
preliminary approval of plans
GC-CA-K-1
EXHIBIT L
STANDARD DETAILS
1682
Plans and specification prepared by: Q. Grady Minor & Associates, PA and identified
as follows: Livingston Drainage, Palm River Estates nit 5/lmpreial Golf Estates Unit 4
Stormwater Improvements as shown on Sheets 1 through 11.
DRAWING NO.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
12.
DESCRIPTION
Title Sheet
General Notes
Aerial Photograph
Tract "C" Lake Culvert Existing Conditions, Clearing and
Demolition Plan
Tract "C" Lake proposed Culverts - Plan 1
Tract "C" Lake proposed culverts - Plan 2
Existing Channel Improvements - Plan and Profile (Sta.
0+00 to 6+00)
Existing Channel Improvements - Plan and Profiles (STA.
6+00 to 11 +50)
Exiting Channel Improvements - Plan and Profile (STA
11+50 to END)
Existing Channel Improvements - Cross Sections
Drainage Structure Details
Erosion Control and Miscellaneous Details
Maintenance of Traffic Plan
GC-CA-L-1
1682
EXHIBIT M
PLANS AND SPECIFICATIONS
GC-CA-M-1
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1
1682
168'3
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCIIMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
Print on pink paper. AttZlch to original document. Original documcnts should be hallu delivered to the Boaru Office. nle completed routing slip and original
documents arc to be forwarded to the Board Office only uftcr the Board h~lS takclI action on tbe item. I
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for addition:l! signatures, dates, and/or information needed. If the document is already complete with the
execution of the Chairman's signature, draw a line through routin" lines #1 lhrou~h #4. cOIDpkte the checklist. and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing: order)
I.
2.
3.
4. Scott R. Teach, Managing Assistant County Attorney J;ff 1/29/08
County Attorney
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
7. Scott R. Teach. Managing Assistant County Attorney
County Attorney
PRIMARY CONTACT INFORMATION
(TIle primary contact is the holder of the original document pending Bee approval. Nunnally thc primary contact is thc person who created/prepared the executive
summary. Primary contact information is needed in the eventulle of the addressees ahove, including Sue Filson, need to contact staff fur additional or missing
information. All original documents needing the BeC Chairman's signature are tll be delivered tn the BCC office only after the Bce has acted to approve the
item.)
Name of Primary Staff Sue Faulkner Phone Numher (239) 252-5899
Contact
Agenda Date Item was 1/29/08 Agenda Item Number l6B (3)
Aooroved by the BCC
Type of Document Resolutiun amI .Ioint Participation Agreement Number of Original (6) Six
Attached "2I:db ~ ~ 1---- Documents Attached
lNSTRlJCTlONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate.
l.
Original document has heen signed/initialed for legal sufficiency. (All documents to be signed by the
Chairman, with the exception of rno~t letters. must be reviewed and slgned by' the Office of the
County Attorney. This includes signature pages from ordinances, resolutions, etc. SIgned by the
County Attorney's Oftice and signature pages from contracts, agreements, etc. that have been fully
executed by all parties except the BeC Chairman and Clerk to the Board and pOSSIbly State
Officials.)
All handwritten strike-through and revisions have been initialed hy the County Attorney's Office and
allother arties except the BCe Chairman and the Clcrk to the Board
The Chairman's signature line date has been entered as the date of BeC approval of the document or
the final ne otiated contract date whichever is applicable
"Sign here" tahs are placed on the appropriate pages indicating where the Chairman's signature and
initials are re uired.
In most cases (some contracts are an exception), the original document and this rouling slip should be
provided to Sue Filson ll1 the Bee office within 24 hours of Bee approvaL Some d{lcuments are
time sensitive and require forv.,'ardlng to Tallahassee within a certain time frame or the BeC's actions
are nullified. Be aware of your deadlines'
The document wa~ approved by the nee on January 29, 2008 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's Office has
reviewed the chan es, if a licahlt,.
Please record and return five executed ori inal document s: to Scott R. Teach, Mana in ACA
Yes
(Initial)
SRT
N/A (Not
Applicable)
2.
3.
4.
5.
6.
7.
N/A
SRT
SRT
N/A
SRT
SRT
I: Forms! County Forms! Bee Flll"msl Original [)OCLllIll:nts Ruuting Slip WWS {higinal 9.0:1,04. Revised 1.26.0S, Revised 2.24,OS
"matter~numbef>>/<<documenc number"
168
3
MEMORANDUM
Date: January 31, 2008
To: Sue Faulkner, Principal Planner
Alternative Transportation
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Resolution 2008-23 and Joint Participation Agreement with
FOOT
Attached are three original agreements and two original resolutions
(Agenda Item #16B4) adopted by the Board of County Commissioners
on Tuesday, January 29, 2008.
The Minutes & Records Deaprtment has retained an original for the
Official Records. When you receive a fully expedited original we will
need it for the record. Our office has forwarded Assistant County
Attorney Scott Teach his copy.
If you should have any questions, please contact me at 252-7240.
Thank you.
Attachment
16'8
3-
;g~nda Item No. 16B3
January 29, 2008
Page 1 of 29
EXECUTIVE SUMMARY
Recommendation to approve and execute the attached five-year Joint Participation
Agreement (JP A) Contract Number AOW89 with the Florida Department of
Transportation in the amount of $408,790, including a local match of $204,395 for FY
2007/2008, to provide Federal Pass-through Section 5311 operational, administrative and
managerial funding for the provision of public transportation services in Collier County's
non-urbanized areas as identified in Collier County's annual grant application on file with
the Florida Department of Transportation.
OBJECTIVE: To approve and execute the attached five-year Joint Participation Agreement
(JP A) with Florida Department of Transportation in the amount of $408,790, including a local
match of$204,395 for FY 2007/2008, to provide Federal Pass-through Section 5311 operational,
administrative and managerial funding for the provision of public transportation services in
Collier County's non-urbanized areas as identified in Collier County's annual grant application
on file with the Florida Department of Transportation.
CONSIDERATION: FT A Section 5311 funding is made available each year through an
application process administered by the Florida Department of Transportation (FDOT). This
five-year Joint Participation Agreement (JPA) will provide operational, administrative and
managerial funding for the provision of public transportation services in Collier County's non-
urbanized areas. The attached JP A is for a five year period expiring on December 31, 2012. The
amount of Federal funding available for FY 2007/2008 is $204,395. A local match totaling
$204,395 is included in the contract bringing the contract value to $408,790. FDOT will advise
in writing the amount of funding available and the beginning date when the County may incur
eligible project costs in all subsequent years.
FISCAL IMPACT: This Section 5311 Federal Grant of$204,395, will require a local match of
$204,395, for FY 2007/2008. As stated in Exhibit "B" Project Budget of the JP A, FDOT will
advise in writing the amount of funding available and the beginning date when the County may
incur eligible project costs in all subsequent years. The adopted FY 2008 budget includes
funding for the associated expenses for the provision of transportation services in the non-
urbanized areas within Collier County in Fund 426. In approving this item, the BCC is providing
authorization to approve all necessary budget amendments to receive and use these grant dollars
including those incremental grant dollars received above or below the target grant award.
GROWTH MANAGEMENT IMPACT: Consistent with the Transportation Elements III
Objectives 10 and 12 of the Growth Management Plan.
RECOMMENDATION: That the Board approve and execute the attached five-year Joint
Participation Agreement (JPA) with Florida Department of Transportation in the amount of
$408,790, including a local match of $204,395 for FY200712008, to provide Federal pass-
through Section 5311 operational, administrative and managerial funding for the provision of
public transportation services in Collier County's non-urbanized areas as identified in Collier
County's annual grant application on file with the Florida Department of Transportation.
Prepared by: Sue Faulkner, Principal Planner, Alternative Transportation Modes
Attachment: (I) Joint Participation Agreement (JPA); (2) Resolution
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CHECK LIST
Please check for these items on Joint Participation Agreements, Supplemental Joint
Participation Agreements or Joint Participation Agreement Terminations to ensure validity of the
Agreement.
(I) Original Signature must appear on three (3) copies of the Agreements.
(2) Please be sure authorized parties ~ titles and names on all copies for clarity.
(3) Please provide two resolutions from the Agency authorizing signing of the
Agreement. Resolutions must specifically identify, by name or title, person(s)
authorized to sign Agreements. Resolutions must bear original signature with seal.
A sample Resolution is attached for your consideration and use.
(4) Please do not fill in any dates on the Agreements.
(5) Please return three (3) signed copies of the Agreement for further processing to the
District Modal Development Office at the address below:
Florida Department of Transportation
District One
Modal Development Office
P. O. Box 1249
Bartow, Florida 33830
A copy will be furnished to your Agency after the Agreement is executed by the
Department.
(6) Do not obligate funds against this project until [mal execution ofthe Agreement by
the State has been completed and you have the necessary written approval from the
Department.
'1'6 B3
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
725.030-06
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Financial Project No.. Fund: 010 FLAI R Approp. 088774
410120-1-84- Function: 680 FLAIR Obi.. 790004
(Item segment-phase-sequence) Federal No.: 49 USC 5311 Org. Code 55012020129
Contract No.: AOW89 DUNS No.: Vendor No.. F596000558004
CFDA Number 20.509 CSFA Number:
THIS AGREEMENT, made and entered into this
day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Collier County Board of County Commissioners
3301 East Tamiami Trail, Naples, Florida 34112
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before December 31,2012
and this Agreement will expire unless a time extension is provided
in accordance with Section 18.00.
WITNESSETH
WHEREAS. the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
341.051(1)(a)
Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
to provide for the Department's participation, using pass-through funds from the Federal Transit Administration (FTA)
Section 5311 Program, in the Agency's operating, administrative, and managerial expenses associated with the provision
of public transportation services in the non-urbanized areas of Collier County, as identified in the Agency's annual grant
application on file with the Department.
and as further described in Exhibit(s) A, B, C, and D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
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2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ See Exhibit B This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this
Agreement The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ See Exhibit B as detailed in Exhibit "B", or in an amount equal to the
percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in Section 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available.
4.20 Front End Funding: Front end funding 0 is @ is not applicable. If applicable, the Department
may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation
as shown in paragraph 4.00.
5.00 Retainage: Retainage 0 is @ is not applicable. If applicable, _ percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit
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6.00 Project Budget and Payment Provisions:
PUBLIC TRANSPORT ATIGN
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6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is
approved by the Department Comptroller
6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for
three years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner
as prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts. vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Department. including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request. The
following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor
General, or any other state official.
The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by
this reference made a part hereof this Agreement.
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7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section
215,97, Florida Statutes, (see "Audits" below). monitoring procedures may inciude, but not be iimited to, on-site visits by
Department staff, limited scope audits as defined by OMS Circular A-133, and/or other procedures, The Agency agrees
to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department In the
event the Department determines that a limited scope audit of the Agency is appropriate. the Agency agrees to comply
with any additional instructions provided by the Department staff to the Agency regarding such audit The Agency further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FOOTs
Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMS
Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply:
1, In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised,
Exhibit "0" to this agreement indicates Federal resources awarded through the Department by this agreement In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMS Circular A-133, as revised, An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the
requirements of this part,
2, In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133,
3, If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the
provisions of OMS Circular A-133, is not required, If the recipient elects to conduct such an audit, the cost of the audit
must be paid from resources obtained from other than Federal entities
4, Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency,
Part II State Funded: If the Agency is a nonstate entity as defined by Section 215,97(2)(m), Florida Statutes, and
a recipient of state funds, the following annual audit criteria will apply:
1, In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,
000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance
with Section 215,97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters
10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General
Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department, other state agencies, and other
nonstate entities, State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements,
2, In connection with the audit requirements addressed in Part II, Paragraph 1" the recipient shall ensure that the
audit complies with the requirements of Section 215,97(7), Florida Statutes, This includes submission of a financial
reporting package as defined by Section 215,97(2)(e), Florida Statutes, and Chapter 10,550 (local governmental entities)
or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3, If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required, If the recipient
elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate
entities.
4, State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it
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Part III Other Audit Requirements
1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit
findings require corrective action and status of findings.
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the
Department Comptroller, and the Auditor General. This section does not limit the authOrity of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required
by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133,
by or on behalf of the recipient directly to each of the following:
A The Department at each of the following addresses:
Florida Department of Transportation, District One Headquarters
Office Modal Development/Public Transit, MS 1-39
801 North Broadway Avenue, Bartow, FL 33830
B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133.
2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and
conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons
pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards
directly to each of the following:
Florida Department of Transportation, District One Headquarters
Office Modal Development/Public TranSit, MS 1-39
801 North Broadway Avenue, Bartow, FL 33830
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised. the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the
auditor. to the Department at each of the following addresses:
Florida Department of Transportation, District One Headquarters
Office Modal Development/Public TranSit, MS 1-39
801 North Broadway Avenue, Bartow, FL 33830
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3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation, District One Headquarters
Office Modal DevelopmenUPublic Transit, MS 1-39
801 North Broadway Avenue, Bartow. FL 33830
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by
or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
Florida Department of Transportation, District One Headquarters
Office Modal DevelopmenUPublic Transit, MS 1-39
801 North Broadway Avenue, Bartow, FL 33830
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this
Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and
Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB
Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department,
or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the
independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General
upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the
Department.
7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest
in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure
such as airport runways the Department may waive or modify this section.
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8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District One Public Transportation Office 801 North Broadway Ave., Bartow , FL,
33830 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S.
8.13 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(c) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or
pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
or
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibit "B."
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement. costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
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8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
oWing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department
Offsetting amounts shall not be considered a breach of contract by the Department
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein
which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project
activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the
basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other
undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of
the financing and any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule,
plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, F.S. and made or received in conjunction with this Agreement
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
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12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, F.S., Consultants' Competitive Negotiation Act: At the discretion of the Department, the Agency will involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR
Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance
of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not
discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted
contracts.
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
13.00 Restrictions, Prohibitions, Controls, and labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed. and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor other forms of compensation; and selection for training. including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project. except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
13.20 Title VI _ Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
USC. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et.
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
3~
725030-06
PUBLIC TRANSPORT/ITION
06/07
Page10of14
13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the
project or any property included or planned to be included in the project, with any officer, director or employee of the
Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse
or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's
or employee's spouse or child, or any combination of them, has a material interest.
"Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity.
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state government.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
M1 L ~ 'X.ol
L?UBLic TRANS,f;ATION
06107
Page11of14
14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipme,nt: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers. agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in
8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
."
31
725-030-06
PUBLIC TRANSPORTATION
06107
Page 12 of 14
17.20 Multi-Year Commitment In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department,
during any fiscal year, shall not expend money, incur any liability, or enter into any contract which. by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
December 31,2012 If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
District Secretary or His/Her Designee Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant. the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
'6 B '3'
.1..
725-030-06
PUBLIC TRANSPORTATION
06/07
Page 13 of 14
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable. in addition
to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this ,ndividual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of
Financial Services Hotline, 1-800-848-3792.
23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on ieases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity.
16B :3
725-030-06
PUBLIC TRANSPORTATION
06107
Page 14 of 14
Financial Project No. 410120-1-84-26
Contract No. AOW89
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
FOOT
Collier County Board of County Commissioners
AGENCY NAME
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
SIGNATURE
DEPARTMENT OF TRANSPORTATION
Chairman
Deputy Director of Transportation Production
TITLE
TITLE
, ,"\'; .
,>,TTEST: " ' . .
JW'Gi-n:E SROCK. Oillr.
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Attest'1$!lto ',0
s 1 qnature' 04\1'.
.
Managing
It"m # 1.!d2..1
I-\qenda \" I.,
",:~' L Z,2+!:_M
i :1,. 11 ~~(D'l.
1'-:""'.1 --~_..
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.----r--
168 3
Co1her County
Financial Management Project Number: 410120-1-84-
Contract Number: AOW89
Federal Transit Administration (FTA) Section 53] I funds
EXHIBIT" A"
PRO,JECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of
Florida, Department of Transportation and the Collier Countv Board of Count v Commissioners. 3301
East Tamiami Trail. Naples. Florida 34112: dated referenced by the above Financial
Project Number.
PROJECT LOCA TION: Collier County, Florida
PROJECT DESCRIPTION:
The purpose of this project Agreement is to provide for the Department's participation, using pass-
through funds from the Federal Transit Administration (FT A) Section 5311 Program, in the Agency's
operating, administrative, and managerial expenses associated with the provision of public
transportation services in the non-urbanized areas of Collier County, as identified in the Agency's
annual grant application on file with the Department.
SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the
Agreement shall include a schedule of project assistance that will reflect the Department's fiscal year of award ,
contract number, Financial Project Number, Catalog of State Financial Assistance title and number, and the
Catalog of Federal Domestic Assistance title and number, where applicable, and the amount of state funding
action (receipt and disbursement offunds) and any federal or local funding action and the funding action from
any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT: When necessary, the Agency may provide written
requests for minor changes or amendments to the services provided by this agreement. The Department will
provide written responses to all such requests. A minor change or amendment is defined as a non-material
change to the agreement. As a rule, it will be limited to operational items not having an impact on the scope or
budget of the agreement.
lfapplicable, the eligible project period identified in the Project Description shown above, may be extendcd by
letter from the Department upon a written request from the Agency.
Exhibit A, page 1 of I
16
3~
Collier County
Financial Management Project Number: 410120-1-84-
Contract Number: AOW89
Federal Transit Administration (FTA) Section 5311 funds
EXHIBIT "B"
PROJECT BUDGET
(For Transit Multi-ycar Projects)
This exhibit forms an integral part ofthat certain Joint Participation Agreement between the State of
Florida, Department of Transportation and Collier Countv Board of County Commissioners, 3301
East Tamiami Trail. Naples. Florida 34112; dated referenced by the above
Financial Project Number.
Projcct Estimated and Programmed Budget:
The Department has programmed the funding amounts shown below in thc most currently adopted
Work Program. The funding for subsequent years is based upon federal and/or state appropriation
levels. This funding will be made available, annually, in the following manner: After thc Agency has
met all program requirements, the Department will encumbcr funds for that fiscal year and will
advise the agency in writing of the amount of funding available and the beginning date when thc
Agency may incur eligible project cost. This notification must bc signed by thc agency and returned
to the Department.
FY 2007/08
Local Funding (LF)
Federal-Pass Through Funding (DU)
State Funding (DS/DDR)
(50% )
(50%)
(N/A%)
Total
$ 204,395.00
$ 204,395.00
N/A
$408,790.00
It is the intent of the Department to participate in the project to the level of Department funding encumbered
Exhibit B, page I of 1
IbB
3'
Collier County
Financial Management Project Number: 410120-1-84-
Contract Number: AOW89
Federal Transit Administration (FT A) Section 5311 funds
EXHIBIT "C"
(For Transit Multi-year Section 53]] Pro.jccts)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of
Florida, Department of Transportation and the Collier County Board of County Commissioners,
3301 East Tamiami Trail, Naples. Florida 34112 dated , refercnccd by the abovc
Financial Project Number.
Requests for Reimbursement (Invoiee Submittals) 'in accordance with Section 2]5.422 Florida
Statutes and the requirement of Paragraph 22.00 of this Agreement:
1. Required Submittal Time
The Agency must submit an invoice to the Department within one hundrcd and twcnty (120)
days from the ending date of the cligible billing period covered by the invoice. Should the
Agency not submit a correctly prepared and documented invoicc within thc proper time
trame, the Department may dcny payment of the Department's share ofthc invoice.
2. Required Submittal Format
Thc Agency shall submit invoices on forms provided by the Department and preparcd in
accordancc with instructions given by the Department. Back-up documentation will include
the appropriate items necessary to verify costs incurred and the eligibility of said costs.
3. Approval of Submittal
Goods or services received under this agreemcnt shall bc approved/disapprovcd by the
Department no later than five (5) working days after receipt, by the District Public
Transportation Office, of a properly preparcd and submitted invoicc. Should thc invoice be
incomplete or incorrect, the Department shall inform the Agency within jivc (5) working
days of receipt and rcturn the invoicc for corrections.
Exhibit C, page I of 3
168 3"
Collier County
Financial Management Project Number: 410120-1-84-
Contract Number: AOW89
Federal Transit Administration (FTA) Section 5311 funds
Safety Requirements
Bus Transit System -In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida
Administrative Code, the Agency shall submit, and the Departmcnt shall have on file, an annual
saf"ety certification that the Agency has adopt cd and is complying with its adopted System Saf"ety
Program Plan pursuant to Rule Chapter 14-90 and has perform cd annual safety inspcctions of all
buses operated.
SECTIONS MARKED WITH AN "X" ARE APPLICABLE TO THIS AGREEMENT
Third Party Contracts
The Department must approve third party contracts pursuant to Paragraph 12.00 except that, when
checked below, written approval is hereby granted for:
X 1.
Execution of contracts f"or materials and/or vehicles from a valid state or inter-
governmental contract.
x
2.
Other contracts less than $25.000 excluding consultant services or construction
contracts. The Department shall require all consultant and construction contracts and
amendments thcreto to rcceive concurrencc prior to award.
x
,
J.
Recurring, renewable, or on-going operational contracts that have less than a twenty-
five percent (25%) change in total dollar amounts from one year to the next.
x
4.
Purchase of service contracts where the Agency will provide transportation servicc
for a fee.
Exhibit C, page 2 of 3
168
3':~:
Collier County
Financial Management Project Number: 410120-1-84-
Contract Number: AOW89
Federal Transit Administration (FT A) Section 5311 funds
Rcquired Submittals
S UBMITT AL/CER TIFICATION
RESPONSlBILlTY
X Procurement Requests
X Safety Compliance
X Specifications
X Invoices
X Audit Reports
Agency
Agency
Agency
Agency
Agency Annually During
Life of Project
FEDERAL SECTION 5311 PROGRAM
Program Requirements
This Agreement is in conformance with Section 5311 ofthe Fcderal Transit Act of1991, as amcnded
(49 U.S.c. app.1j5311) and Section 341.051(l)(a) Florida Statutes.
The Section 5311 subrecipient (the Agency) shall establish and implement anti-drug and alcohol
misuse prevention programs in accordance with the terms of49 CFR parts 40 and 655.
The Section 5311 subrecipient (the Agcncy) shall ensure adherence with all federally required
certifications and assurances made in its application to the Departmcnt for Section 5311 funds.
The Section 5311 subrecipient (the Agency) shall require the indcpendent auditor, retained to
pcrform the audit as rcquircd by the Single Audit Act of 1984, to specifically tcst and certify that
services funded by the program were provided in nonurbanized areas, that there was no restriction on
public use, and that the State and Fcderal share of eligible costs did not exceed amounts specified in
thc approved project budget (EXHlBIT B).
Exhibit C, page 3 of 3
1\
,;
.^
t:".
t~,
3
Collier County
Financial Management Project Number: 410120-1-84-
Contract Number: AOW89
Federal Transit Administration (FTA) Section 53]] funds
Exhibit 0
12~.C~O.oo
PLJBlIC1RAi'I~POIHATiON
"'~
Edlib,D
FEDERAL andlor STA TE resources awarded to the recipient pursuant 10 this agreement should be listed below \f the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded Compliance Requirements applicable to each Federal or Slate program
should also be listed below. If the resources awarded 10 the recipient represent more than one program, list applicable
compliance requirements for each program in the same manner as shown here
. (eg, What services or purposes lhe resources must be used lor)
. (e,g. Eligibility requiremenls for recipients of the resources)
. (Etc
NOTE: Instead of listing the specifiC compliance requirements as shown above, the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. The State awarding agency. if practical. may want to attach a copy of the specific law, rule. or regulation
referred to.
FEDERAL RESOURCES
E.gQ!2!~9'
I FTA
Cataloo of Federal Domestic Assistance (Number & l~
[ 20.509 I
6D.l2...u_llt
I $204.395.00
Compliance Requirements
2.
49 USC 5311
N/A
N/A
3
STA TE RESOURCES
State A ene
Catalao of State Financial Assistance (Number & Titie\
Amount
Florida Department
of Transportation
$204,395.00
OnJP lance eaulremen s
3
--Chapter 341.051 (1) (a), Florida Statutes;
All terms of Department Contract
2
Matchino Resources for Federal Proarams
Federal Aaenc,>,:
Cataloo of Federal Domestic ASSistance (Number & Title)
Amount
I N/A I N/A
EJ
Com Ii n R. ir ments
N/A
2 N/A
3 N/A
NOTE: Section ,400(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in this exhibit be provided to the recipient.
16B 3
RESOLUTION 2008- 22
A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER
COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF THE JOINT
PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO PROVIDE FOR THE USE OF PASS-THROUGH FUNDS
FROM THE FEDERAL TRANSIT ADMINISTRATION'S (FTA) SECTION 5311
PROGRAM IN OPERATING, ADMINISTRATIVE, AND MANAGERIAL EXPENSES
ASSOCIATED WITH THE PROVISION OF PUBLIC TRANSPORTATION SERVICES
IN THE NON-URBANIZED AREAS OF COLLIER COUNTY AND AUTHORIZING
THE CHAIRMAN TO SIGN THAT AGREEMENT AT THE JANUARY 29, 2008
MEETING.
WHEREAS, at the January 29, 2008, meeting of the Board of County Commissioners the
Board approved a Joint Participation Agreement (JPA: FM Project Number: 410120-84 /
Contract Number: AOW89) with the Florida Department of Transportation to provide for the use
of pass-through funds from the FTA's Section 5311 program in operating, administrative, and
managerial expenses associated with the provision of public transportation services in the non-
urbanized areas of Collier County and authorizing the chairman to sign and enter into that
agreement at the January 29, 2008 meeting; and
WHEREAS, the Florida Department of Transportation reqUIres the Board provide a
resolution memorializing and confirming the Board's aforementioned affirmative vote to
approve the agreement and authorize the Chairman to execute the JP A;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
On January 29, 2008, the Board of County Commissioners approved by majority vote the
aforementioned JP A and authorized its chairman to execute that agreement.
A certified copy of this Resolution will be forwarded by the Collier County Clerk to
FDOT along with the executed Agreement.
This Resolution is hereby adopted after motion, second and majority vote this 29th day of
January 2008.
By
Att;t.i;
s 1QI1atl.lrt
ATTEST:
DWIGHT E. BROCK, CLERK
Q'tl~_ '
<,'I
Approved as to form
aJ::ic;~ L
Scott R. Teach,
Managing Assistant County Attorney
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16B 4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Origin,d dtlculllcnh shuuld he hand delivered 1(1 Ill,: Board Office The completed rOLlting slip and original
documents an: to be forwarded to the Uoard Office (lilly after (hc l10ard lu~ lakl;[] action 0[\ Ihe itL'J1l.)
ROUTING SLIP
Complete routing lines # [ through #4 as appropriate for additional signatures, dates. and/or informati011 needcd. If thl' document is already complete with the
f h eh d r I I 1 # I h t #4 ] h h kl" f S 5
exceptIOn 0 t, ,mown S SIgnature. raWil me t HOLlO 1 !"OU(lIlg IOCS I roUll: I ,comp etc t Ci. cc IsL and orward to . lie Fllson (lme # ).
Route to Addressce(s) Office Initials Date
(Lis! in routinQ order)
1-
2.
3.
4. Scott R Teach, Managing Assistant County Attorney 8fr1 1/29/08
County Attorney
5. Sue Filson, Executive Manager B()ard of County Commissioners
6. Minutes and Records Clerk of Court's Office
7. Scott R. Teach, Managing Assistant County Attorney
County Mtorney
PRIMARY CONTACT INFORMATION
(The primary contact is the holder uf the original document pmding Bee approvaL Normally the primary contact is the person who created/prepared the executive
summary_ Primary contact information is needed in the even! one of the auLlressees above, including Sue FilsuJl, occd to contact staff for additional or missing
information. All original docUTl1CIl~~:"5'~t'd;p j t~~(X' Chairrllan's sil%llurc an.: to be delivered 10 the Bee lllTicc only after the Bee has acted to approve the
item.) /.- ,~"
Name of Primary Sta Sue [<aulkner \ Phone Number (239) 252-5899
Contact ._~)
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
1/29/08
Agenda Item Number
16B (4)
(6) Six
Yes
(Initial)
SRT
N/A(Not
A Iicable)
Resolution and Joint Panicip<ltion Agreement
'V
Number of Original
Documents Attached
N/A
SRT
SRT
N/A
SRT
SRT
1: Forms! Cuunly Forms! BCe hmns! Original DOClIllll:nts Routing Slip WWS Orig,illal 9Jn 04, Rniscd I Hd15 Re\ised 224,()5
<<matter llumbcf)>!"doCllmenl number>>
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicahle column. whichever is appropriate
1.
Original document has been signed/initialed for legal sufficiency. (All documents to he signed by the
Chairman, with the exception of most letters, must be reviewed and signed hy the Olllce of the
County Attorney. This includes signature pages from ordinances, resolutions. etc. signed hy the
County Atloml'y's Office and signature pages from contracts, agreements, ete that have heen fully
executed by all parties except the Bee Chairman and Clerk to the Board and possihly State
Otlicials.)
All handwritten strike-through and revisions have been initialed hy the Counr.y Attorney's Office and
all other parties except the Bee Chairmclll and the Clerk to the Board
The Chairman's signature line date has heen entered as the date of Bee approval of the document or
the final ne 'Oliated contract date whichever IS appllcahle.
"Sign here" tahs arc placed on the appropriate pages indicating where the Chairmln's sIgnature and
initials are re uircd.
In most cases (some contracts arc an exception). the onginal document and this routing slip should he
provided to Sue: Filson in the BCC office \vithin 24 hours of Bee approvaL Some documents arc
time sensitive and require forwarding to Tallahassee WIthin a certain time frame or the BCes actions
arc nullified. Be aware of your deadlines I
The document was approved by the nee on .fmlllal'v 29. 2008 and all changes madc during the
meeting have been incorporated in the attached document. The County Attorm~y's Offi('c h::!s
reviewed the chan 'es, if a licabh'.
Please record and return tin cxctuted ori inal document s to Scott R. Teach, l\lana in ACA
2.
3
4.
5.
6
7.
1684
MEMORANDUM
Date: January 3 I, 2008
To: Sue Faulkner, Principal Planner
Alternative Transportation
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Resolution 2008-22 and Joint Participation Agreement with
FDOT
Attached are three original agreements and two original resolutions
(Agenda Item #16B3) adopted by the Board of County Commissioners
on Tuesday, January 29, 2008.
The Minutes & Records Deaprtment has retained an original for the
Official Records. When you receive a fully expedited original we will
need it for the record. Our office has forwarded Assistant County
Attorney Scott Teach his copy.
If you should have any questions, please contact me at 252-7240.
Thank you.
Attachment
A'genda Item No. 1684
January 29, 2008
Page 1 of 26
Recommendation to approve and execute the attached five-year Joint Participation
Agreement (JPA) with Florida Department of Transportation in the amount of
$804,464, under State Transit Block Grant Program Contract Number AOW93
providing for State funding for eligible Collier County public fixed-route transit
operational and capital expenses in the amount of $402,232 as well as a FY2007-
2008 local match in the amount of $402,232.
16B 4.
EXECUTIVE SUMMARY
OBJECTIVE: For Collier County to receive $402,232 in State dollars to offset public
fixed route transit operating and capital costs during Fiscal Year 2007-2008.
CONSIDERATION: State funding is made available each year through a process
administered by the Florida Department of Transportation (FOOT) Under the State
Transit Block Grant Program. This five-year Joint Participation Agreement (JPA)
Contract Number AOW93 will provide funding for eligible operational and capital
expenses incurred while providing public fixed-route transportation services in Collier
County. The attached JPA is for a five year period expiring on September 30,2012. The
amount of State dollars available for FY 2007-2008 totals $402,232 with a 2008 budgeted
local match requirement of $402,232. FOOT will advise in writing the amount of
funding available and the beginning date when the County may incur eligible project
costs in all subsequent years.
FISCAL IMPACT: This JPA Agreement provides for State dollars in the amount of
$402,232 - administered under the State Block Grant program. As stated in Exhibit "8"
Project Budget of the JP A, FDOT will advise in writing the amount of funding available
and the beginning date when the County may incur eligible project costs in all subsequent
years. The adopted FY 2008 budget includes funding for the associated expenses for the
provision of public fixed-route transportation services in Collier County in Fund 426. In
approving this item, the BCC is providing authorization to approve all necessary budget
amendments to receive and use these grant dollars including those incremental grant
dollars received above or below the target grant award.
GROWTH MANAGEMENT IMPACT: Consistent with the Transportation Elements
in Objectives] 0 and 12 of the Growth Management Plan.
RECOMMENDATION: That the Board approve and execute the attached five-year
Joint Participation Agreement (JPA) Contract Number AOW93 with Florida Department
of Transportation providing $402,232 in State funding for eligible Collier County public
fixed-route transit operational and capital expenses as well as a FY 2007-2008 local
match in the amount of $402,232.
Prepared by: Sue Faulkner, Principal Planner, Alternative Transportation Modes
Attachments: (I) Joint Participation Agreement (JPA); (2) Resolution
168
4
CHECK LIST
Please check for these items on Joint Participation Agreements, Supplemental Joint
Participation Agreements or Joint Participation Agreement Terminations to ensure validity ofthe
Agreement.
(1) Original Signature must appear on three (3) copies of the Agreements.
(2) Please be sure authorized parties ~ titles and names on all copies for clarity.
(3) Please provide two resolutions from the Agency authorizing signing of the
Agreement. Resolutions must specifically identify, by name or title, person(s)
authorized to sign Agreements. Resolutions must bear original signature with seal.
A sample Resolution is attached for your consideration and use.
(4) Please do not fill in any dates on the Agreements.
(5) Please return three (3) signed copies of the Agreement for further processing to the
District Modal Development Office at the address below:
Florida Department of Transportation
District One
Modal Development Office
P. O. Box 1249
Bartow, Florida 33830
A copy will be furnished to your Agency after the Agreement is executed by the
Department.
(6) Do not obligate funds against this project until fmal execution ofthe Agreement by
the State has been completed and you have: the necessary written approval from the
Department.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION ')'; h B 4
JOINT PARTICIPATION AGREEMENt '.j
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Financial Project No.: Fund: 010 FLAIR Approp.: 088774
41013918401 Function: 680 FLAIR Obj. 750010
(item segment-phase sequence) Federal No. N/A Org. Code 55012020129
Contract No.: AOW93 DUNS No.: 076997790 Vendor No. F 596000558004
CFDA Number: CSFA Number: 55010
- ---. - . ~ --
THIS AGREEMENT, made and entered Into this
day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Collier County Board of County Commissioners
3301 East Tamiami Trail, Naples, Florida 34112
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before 09/30/2012
and this Agreement will expire unless a time extension is provided
In accordance with Section 18.00.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate Jurisdiction including
the Implementation of an integrated and balanced transportation system and is authorized under
341.052
Florida Statutes, to enter into this Agreement
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
to provide for the Department's participation, through the State Transit Block Grant Program, in the Agency's eligible
administrative, management, and operational expenses of providing public transportation services
and as further described in Exhibit(s) A, B, C, and D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
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2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall CDmmence, and cDmplete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
econDmical, and efficient manner, and in accordance with the provisiDns herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
nDtice, or Dther proceeding or authDrization is requisite under applicable law to enable the Agency tD enter intD this
Agreement or tD undertake the project hereunder, or to observe, assume or carry Dut any Df the provisions Df the
Agreement, the Agency will initiate and cDnsummate, as provided by law, all actiDns necessary with respect to any such
matters SD requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to cDmpletion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for cDmpletiDn of the prDject.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, repDrts, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached heretD and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ See Exhibit 6 This amount
is based upon the estimate summarized in Exhibit "6" attached heretD and by this reference made a part hereDf this
Agreement. The Agency agrees tD bear all expenses in excess Df the tDtal estimated CDSt Df the project and any deficits
involved
4.00 Department ParticipatiDn: The Department agrees tD maximum participatiDn, including cDntingencies,
in the prDject in the amDunt of $ See Exhibit 6 as detailed in Exhibit "6", Dr in an amDunt equal tD the
percentage(s) Df tDtal project CDSt shDwn in Exhibit "6", whichever is less.
4.10 Project Cost Eligibility: Project CDStS eligible fDr State participatiDn will be allDwed only from the effective
date of this agreement. It is understood that State participation in eligible project CDSts is subject tD:
(a) Legislative approval Df the Department's apprDpriatiDn request in the work prDgram year that the project is
scheduled to be committed;
(b) Availability of funds as stated in SectiDn 17.00 of this Agreement;
(c) Approval Df all plans, specifications, cDntracts Dr Dther obligating dDcuments and all Dther terms of this
Agreement;
(d) Department approval Df the project sCDpe and budget (Exhibits A & 6) at the time appropriation authDrity
becDmes available.
4.20 Front End Funding: Front end funding 0 is @ is not applicable. If applicable, the Department
may initially pay 100% of the total allDwable incurred project costs up tD an amDunt equal to its tDtal share Df participation
as shown in paragraph 4.00.
5.00 Retainage: Retainage 0 is @ is not applicable. If applicable, percent Df the
Department's total share of partlcipatiDn as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretiDn, on Dr before the cDmpletiDn Df the final project audit.
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6.00 Project Budget and Payment Provisions:
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the proJect. No budget increase or decrease shall
be effective unless It complies with fund participation requirements established in Section 4.00 of this Agreement and IS
approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final Invoice
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for
three years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner
as prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the reqUired
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project. including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or In part to the project
shall be clearly Identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews,
Investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request. The
following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor
General, or any other state official.
The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "0" attached hereto and by
this reference made a part hereof this Agreement.
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7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section
215.97, Florida Statutes, (see "Audits" below). monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees
to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department In the
event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply
with any additional instructions provided by the Department staff to the Agency regarding such audit The Agency further
agrees to comply and cooperate wIth any inspections, reviews. investigations, or audits deemed necessary by FOOTs
Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB
Circular A-133 and a recipient of federal funds, the following annual audIt criteria will apply:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program-specifIc audit conducted in accordance with the provisions of OMB Circular A-133, as revised.
Exhibit "0" to this agreement indicates Federal resources awarded through the Department by this agreement In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMS Circular A-133, as reVIsed. An audit of the reCipient
conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the
requirements of this part.
2 In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133.
3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the
provisions of OMS Circular A-133, is not required. If the reCIpient elects to conduct such an audit, the cost of the audIt
must be paid from resources obtained from other than Federal entities.
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and
a reCipient of state funds, the following annual audit criteria will apply:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,
000 In any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance
WIth Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
Exhibit "0" to this agreement indicates state financial assistance awarded through the Department by this agreement In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department, other state agencies, and other
nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources
receIved by a nonstate entity for Federal program matchin9 requirements
2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient
elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate
entities.
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it
16B
I.J.
.
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Part III Other Audit Requirements
1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit
findings require corrective action and status of findings.
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved Access to project records and audit work papers shall be given to the Department, the
Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required
by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133,
by or on behalf of the reCipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation, District One Headquarters
Office Modal Development IPublic Transit, MS 1-39
801 North Broadway Avenue; Bartow, FL 33830
B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133.
2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and
conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons
pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards
directly to each of the following:
Florida Department of Transportation, District One Headquarters
Office Modal Development IPublic Transit, MS 1-39
801 North Broadway Avenue; Bartow, FL 33830
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the
auditor, to the Department at each of the following addresses:
Florida Department of Transportation, District One Headquarters
Office Modal Development IPublic Transit, MS 1-39
801 North Broadway Avenue; Bartow, FL 33830
16f.l
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3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses
Florida Department of Transportation, District One Headquarters
Office Modal Development fPublic Transit, MS 1-39
801 North Broadway Avenue: Bartow, FL 33830
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by
or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
Florida Department of Transportation, District One Headquarters
Office Modal Development fPublic Transit, MS 1-39
801 North Broadway Avenue: Bartow, FL 33830
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this
Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and
Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB
Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
7,63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least five years from the date the audit report is issued, and shali allow the Department,
or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the
independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General
upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the
Department.
7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest
In the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure
such as atrport runways the Department may waive or modify this section.
16':'
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8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District One Public Transportation Office Modal Development Office, MS 1-39; Bartow , FL,
3383~_ its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requiSitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S.
8.13 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(c) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations: Subject to other proVisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or
pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
8.24 Conflict 01 Interests: There has been any violation of the conflict of interest provisions contained herein;
or
8.25 Default: The Agency has been determined by the Department to be in default under any of the
prOVisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibit "8."
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
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8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
oWing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetling amounts shall not be considered a breach of contract by the Department.
9,00 Termination or Suspension of Project:
9,10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered Improbable,
Infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting In such suspension has ceased or
been corrected, or the Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension, Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein
which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project
activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the
basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other
undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of
the finanCing and any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule,
plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may otherwise have arising out of this Agreement.
9,12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, F.S and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
16B 4
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12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR
Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance
of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable
steps In accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not
discriminate on the basis of race, color, national Origin or sex in the award and performance of Department assisted
contracts.
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
13.00 Restrictions, Prohibitions, Controls, and labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the follOWing: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commerCial
supplies or raw materials, and shall require all such contractors to insert a Similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title VIII- Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et.
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
loB
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13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the
project or any property included or planned to be included in the project, with any officer, director or employee of the
Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse
or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's
or employee's spouse or child, or any combination of them, has a material interest.
"Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity
The Agency shall not enter into any contract or arrangement in connection with the project or any property Included or
planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state government.
13.60 InIerest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations. including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency. and the making of such payment by the Department while any
such breach or default shall eXist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
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14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, dUring the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to reqUire that the Agency
defend the Department in such claim as described In this section. The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party IS responsible for all expenses
at trial.
15.00 Plans and Specifications: In the event that this Agreement Involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the proJect.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as proVided in
8.23.
16.00 Project Completion, Agency Certification: The Agency will certify In writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
168
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17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department,
during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such
contract The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
09/30/2012 If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
D.istrict Secretary or His/Her Designee Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
alter the expiration of this Agreement. Invoices submitted alter the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and Include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
16 t'*'l
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22000 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
Inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20
days are measured from the latter of the date the inVOice is received or the goods or services are received, inspected
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
serVices, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition
to the Invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of
Financial Services Hotline, 1-800-848-3792.
23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
With any public entity, and may not transact business with any public entity
16
n
f~~BLlC 1
I. ,0.06
a 'ION
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Financial Project No. 41013918401
Contract No. AOW93
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
FOOT
Collier County Board of County Commissioners
AGENCY NAME
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
SIGNATURE
DEPARTMENT OF TRANSPORTATION
Deputy Director of Transportation Production
TITLE
TITLE
Chairman
\.;
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lj,~.'~(.::'t ry<~', 'h"~. ",
" '~:(~j:'-/, , ~ii'
"
Managing
Item #
l(" Bt/
Agenda
Dale
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16:B 4
Collier COllnty
Financial Management Project Number: 41 0 139~ 1-84-0 I
Contract Number: AOW93
State Transit Block Grant Program
EXHlIlIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part oftl1at certain Joint Participation Agreement between the State of
Florida, Department of Transportation and Collier County Board of County Commissioners. 330 I East
Tamiami Trail, Naples, florida 341 11;.dated _~_.___~_, referenced by tbe above Financial
Project Number.
PROJECT LOCA nON: Collier County, Florida
PROJECT DESCRIPTION:
Tbe purpose of tbis project Agreement is to provide for tbe Department's participation, tbrougb the State
Transit Block Grant Program, in the Agency's eligible administrative, management and operational expenses
of providing public transportation.
SPECIAL CONSIDERATIONS BY AGENCY: Tbe audit report(s) required in paragrapb 7.60 of tbe
Agreement shall include a sebedule of project assistance that will reflect tbe Department's llseal year of award,
Contract Number, Financial Project Number, Catalog of State Financial Assistance title and number, and tbe
Catalog of Federal Domestic Assistance title and number, wbcre applicable, and the amnunt of state funding
action (receipt and disbursement of funds) and any federal O[ local funding action and the funding action from
any other source with respect to the project.
SPECIAL CONSIDERA TlONS BY DEPARTMENT: When necessary, the Agency may provide written
requests for minor changes or amendments to the services provided by this Agreement. The Depanment 'vvill
provide written responses to all such requests. A minor change or amendment is defined as a non-material
change to the Agreement. As a rule, it will be limited to operational items not having an impact on the scope or
budget of the Agreement.
If applicable, the eligible project period identilled herein, may be extended by letter 1rom the Department upon
a written request from the Agency.
Exhibit A, page I of I
16P, 4
Collier County
Financial Management Project Number: 410139-1-84-01
Contract Number: AOW93
State Transit Block Grant Program
EXHIBIT "B"
PROJECT BUDGET
(For Transit Multi-Year Projects)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of
Florida, Department of Transportation and Collier County Board of County Commissioners, 3301 East
Tamiami Trail, Naoles, Florida 34 I 12: dated , referenced by the above Financial Project
Number.
Project Estimated and Programmed Budget:
The Department has programmed the funding amounts shown below in the most currently adopted Work
Program. The funding for subsequent years is based upon federal and/or state appropriation levels and on the
distribution formula as outlined in Exhibit "C". This funding will be made available, annually, in the
following manner: After the Agency has met all program requirements, the Department will encumber funds
for that fiscal year and will advise the agency in writing of the amount offunding available and the beginning
date when the Agency may incur eligible project cost. This notification must be signed by the agency and
returned to the Department.
FY 2007/08
Local Funding (LF)
Federal-Pass Through Funding (DU)
State Funding (DS/DDR)
(50%)
(N/A%)
(50%)
Total
$ 402,232.00
$ N/A
$ 402,232.00
$804,464.00
It is the intent of the Department to participate in the project to the level of Department funding encumbered
and consistent with Section 341.052, F.S.
Exhibit B, page 1 of I
Rev 01162008
168 4
Collier County
Financial Management Project Numher: 4] 0 139-1-84-01
Contract Number: ^OW93
State Transit Block Grant Program
EXHIBIT "C"
(For Statc Block Grant Ouly)
This exhibit forms an integra! part of that certain Joint Participation Agreement between the State of
Florida, Department of Transportation and the Collier Co@!.y l3oarci<!.LCountv Commissioners, 330 I
EasJ Tamian)i Trail. Na.,les. Flori!!~)4] 12 , dated _~._~_, referenced by the above Financial
Project Number.
STATE PUBLIC TRANSIT BLOCK GRANT PROGRAM
REF: Section 341.052, Florida Statutcs (F.S.)
The Department shall provide block grant funds far eligible capital and operating costs of public hus transit
and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in
Sec. 341.052(1) F.S., and Sections 5307 and 5311 oI"the Federal Transit Act 49 USe. 5307. and 49 USe.
5311 respectively.
Eligible transit capital costs means any costs that would be defined as capital costs by the Federal
Transit Administratioll.
Eligible transit operating costs arc the total administrative, management, and operation costs directly
incident to the provision of public bus transit services, excluding any depreciation or amortizatioll or
capital assets.
Block grant funds shall not exceed local revenue during the term of this Agreement.
(Local revenue is defined as the sum of money received from local government entities to assist in
paying transit operation costs, including tax funds, and revellue earned from fare box receipts, charter
service, contract service, express service and non-transportation activities.)
Block grant funds shall not supplant local tax revenues made available for operations in the year immediately
preceding this agreement.
State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an
amount equal to the total revenue, excluding fare box, charter, and advertising revenue and federal funds.
received by the Agency for operating costs. \vhichever amount is less.
The Agency shall require the independent auditor. retained to perI"orm the audit as required by the Single Audit
Act of 1984, to specifically test and certify that these limitations (... funds shall not
Exhibit C. page I of 4
1684
Collier County
Financial Management Project Number: 410 139-1-84NO I
Contract Number: AOW93
State Transit Block Grant Program
exceed local revenue...funds shall not be expended for depreciation or amortization of capital assets... funds
shall not supplant local tax revenues made available for operations in the previous year) of the block grant
program as delineated in Chapter 341.052 F.S., have been adhered to.
The Agency shall provide the Department with two (2) copies of its most current adopted budget together with
two (2) copies of the National Transit Database (NTD) (49 USC 5335(a)) rep0l1 at the same time the NTD
report is submitted to the Federal Transit Administration or by March I, whichever is earlier. Unless the
adopted budget uses a format consistent with the NTD rep0l1, the copy providcd to the Department will
indicate how the projections for total local revcnue, local tax revenue made available for operations, and
depreciation and amortization costs, as they will appear in the NTD report, can be identified.
The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the
productivity and performance measures established far the transit providcrs most recently completed fiscal year
and the priorliseal year. Th is report shall be approved by the Department of Transportation prior to its
publication. This rep0l1 shall be submitted to the Department no later than November 15 each year, and
published either by December 31, or no later than twenty eight (28) calendar days of the Department's written
approval ofthe report. The Agency shall furnish an affidavit of publication to the Department within twenty
eight (28) calendar days of publication.
The Agency shall submit a Transit Development Plan (TOP) or annual update to the Department by September
1 of each year. As a separate pat1 of the transit development plan or annual report, the Agency will address
potential enhancements to productivity and performance which would have the effect of increasing farebox
ratio pursuant to FS 341.071 (2).
A TOP shall conform to the requirements in Rule 14-73, available at:
htjR.:I!f"ac .do"sJalc.ll. u"/faconlincjcll<i11g:r] :1. pelf
The Department will allocate Statc Transit Block Grant Program funds as describcd in Section 341.052, F.S.
OTHER REQUIREMENTS
Safety Requirements
._~ Bus Transit System - In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida
Administrative Code, the Agency shall submit, and the Department shall have on lile, an annual safety
certification that the Agency has adopted and is complying with its adopted System Safety and
Security Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of
all buses operated.
Exhibit C, page 2 of 4
16B 4
~
Collier County
Financial Management Project Number: 410139-] -84-0 1
Contract Number: AOW93
State Transit Block Grant Program
Requests for Reimhursement (Invoiec Suhmittals) in accordance with Section 215.422 Florida Statutes
and the requirement of Paragraph 22.00 of this Agreement:
I. Required Submittal Time
The Agency must submit an invoice to the Department within one hundred and twenty (120) days
from the ending date of the eligible billing period covered by the invoice. Should the Agency not
submit a correctly prepared and documented invoice within the proper time frame, the Department
may deny payment oflhe Department's share of the invoice.
2. Required Submittal Format
The Agency shall submit invoices on forms provided by the Department and prepared in accordance
with instructions given by the Department. Back-up documentation will include the appropriate items
necessary to verifY costs incurred and the eligibility of said costs.
3. Approval of Submittal
Goods or services received under this agreement shall he approved/disapproved by the Depmiment no
later than five (5) working days after receipt, by the District Modal Development Office, ofa properly
prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Depaliment shall
inform the Agency within fiye (5) working days of receipt and return the invoice for corrections.
SECTIONS MARKED WITH AN "X" ARE APPLICABLE TO THIS AGREEMENT
Third Party Contracts
The Department must approve third party contracts pursuant (0 Paragraph 12.00 except that, when checked
below. written approval is hereby granted for:
_X_I.
Execution of contracts for materials and/or vehicles from a valid state or inter-governmental
contract.
x
o
Other contracts less than $25.000 excluding consultant services or construction contracts.
The Department shall require all consultant and construction contracts and amendments
thereto to receive concurrence prior to award.
x
3.
R.ccurrillg, renewable, or on-going operational contracts that have less than a twenty-five
percent (250/0) change in total dollar amounts from one year to the next.
_~4.
Purchase of service contracts where the Agency will provide transportation service for a fee.
Exhibit C, page 3 of 4
Required Submittals
~u BMITT A L/CERTIFICAIION
----.2<_
_>s:___
x
x
x
Procurement Requests
Safety Compliance
Specifications
Invoices
Audit Reports
16
D4
'. "
Collier County
Financial Management Project Number: 4 J 0] 39-1-84-0 I
Contract Number: AOW93
State Transit Block Grant Program
RESPONSIBILITY
^ acne\'
b .
Agency
Agency
Agency
Agency Annually During
Lire of Project
Exhibit C, page 4 of 4
168
t
~l<.
Collier County
Financial Management Project Number: 4] 0 139-1-84~O 1
Contract Number: AOW93
State Transit Block Grant
Exhibit 0
720.Q]0.0(;
I'L'lIL1C;TRMlspo,nATION
OBIt':;
0.1>;1>110
FEDERAL andior STATE resow'ces awarded to the recipient pursuant to this agreement should be listed below Iflhe
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program ano the total resources awarded Compliance Requirements appli8able to each Federal O( Slate program
should also be listed below. If the resources awarded to the recipient represent !110re than one program. list applicable
cornpli;,mce I'equircmenls for each program in tile same manner ;:lS shown llere
. (e,g, \;\lh<lt services or purposes th8 le~ourccs must be used fOI)
. (e 9 , Eligibility reqUirements lor recipients of the resources)
. (Ele
NOTE: Instead 01 listing the specific compliance requirements as shown above. the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, ete The State awarding agency, If practical, may want to attach a copy of the specific law, rule, or regulation
referred to
FEDERAL RESOURCES
.t:.QQQ.@Jf\~.!J.9'
I
~<?t9J~deral Domestic Assistance (Number & Titl81
I I
Amount
Com.2!l@.flce Requirements
2
3
N/A
N/A
N/A
STA TE RESOURCES
State A ene
Catalo" of Stelte I:inancial Assistance (Number & Tille)
Amount
FloriJa Department
of Transportation
~J..~,~~ CO\)!r.i:).rnQ~
55010
S 402,232.00
3
--Chapter 341.052, Florida Statutes;
All terms of Department Contract
2
Matc;.IJ.LIJJLResources for Federal PfQ9!amS
Fed~~1 Aqenc~:
~atalo9- of Federal Domestic Assistance (Number & TI!!g)
Amount
I N/A
I N/A
EJ
Com Ii n R
Ir ments
N/A
2 N/A
3 N/A
NOTE: Section .40D(d) of OMS Circular A.133, as revised, and Section 215.97(5){a), Florida Statutes, require that
the information about Federal Programs and State Projects included in this exhibit be provided to the recipient.
RESOLUTION 2008- 23
c.;.-, ,i'.
.il.l.>... 4
.,f
A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER
COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF THE JOINT
PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORT A TION TO PROVIDE STATE TRANSIT BLOCK GRANT FUNDS FOR
FIXED-ROUTE PUBLIC TRANSPORTATION SERVICES IN COLLIER COUNTY
AND AUTHORIZING THE CHAIRMAN TO SIGN THAT AGREEMENT AT THE
JANUARY 29, 2008 MEETING.
WHEREAS, at the January 29, 2008, meeting of the Board of County Commissioners the
Board approved a Joint Participation Agreement (JPA: FM Project Number: 410139-1-84-01 /
Contract Number: AOW93) with the Florida Department of Transportation to provide State
Block Grant funds to assist Collier County and authorizing the chairman to sign and enter into
that agreement at the January 29, 2008 meeting; and
WHEREAS, the Florida Department of Transportation requIres the Board provide a
resolution memorializing and confirming the Board's aforementioned affirmative vote to
approve the agreement and authorize the Chairman to execute the JPA;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
On January 29, 2008, the Board of County Commissioners approved by majority vote the
aforementioned JP A and authorized its chairman to execute that agreement.
A certified copy of this Resolution will be forwarded by the Collier County Clerk to
FDOT along with the executed Agreement.
This Resolution is hereby adopted after motion, second and majority vote this 29th day of
January 2008.
A TrEST:
DWIGHT E. BROCK, CLERK
B~
y
Dep
Atte$t as to Ch41
$ j \1'l<.itl.lrv iHi l.~u
BOARD OF COUNTY COMMISSIONERS
COLL~I~~
By ~
1'"iThf NNIN, CHAIR~
Approved as to form
an al SUff~~
ott R. Teach,
Managing Assistant County Attorney
\(,p 6<t
. ,,' '\2.,'\10'6
; .;.. .!~1~
'I~~t-"
L:~.-----
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to [he Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has tal<.cn adion on tJ1C item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
t:'
j
exceotion of the Chairman's signature, draw a line through routing lines # J throuoh #4, comolete the checklist and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. ~
2. ----------------
3. -----------
4. -----
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Chairman's signature arc to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact 1>613
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
~*
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
~
~
Yes
(Initial)
N/A(Not
A Iicable)
Number of Original
Documents Attached
D1Pr
,JA
(A A-
CliP.-
rJ 1A-
(11/lr
AW.EE.t-1E?;W
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Ofticials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bec office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BeC on / -"dq -D)( (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne '5 Office has reviewed the chao es, if a licablc.
I: Fonns/ County Forms! BCC Forms! Original DnCllmcnts Routing Slip WWS Originall)Jn,04. Revised 126.05. Revised 224,05
MIN. -I-((RC -~Le-ASt ({.ETuR.N. Doni- o"'R\GIMALS -THAI.(({0[OU \
~~
2.
3.
4.
5.
6.
168 5
MEMORANDUM
Date:
January 3 I, 2008
To:
Debbie Armstrong,
Property Aquisition Specialist
Trans/ECM/ROW A
From:
Martha Vergara, Deputy Clerk
Minutes and Records Department
Re:
Agreement between The School District of Collier
County and Collier County
Enclosed is one (1) original, as referenced above (Agenda Item #16B5)
approved by the Board of County Commissioners on Tuesday, January 29,
2008.
Please return a origingal fully executed document to the Minutes & Records
Department.
If you should have any questions, you may contact me at 252-7240.
Thank you,
Enclosures (1)
1l., 5 '
~~<
Project: Oil Well Road #60044
Parcels: 102FEE, 102SUE1, 102SUE2, 102TDRE1,
102TDRE2, 102TDRE3, 105SUE1, 105SUE2,
1 05TDRE1, 105TDRE2, 105TDRE3
Folios: 00210041406,00210041105, 00209961306
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into on this L'IT!! day of ::IAl-luAR"I ' 2008, by and between THE SCHOOL
DISTRICT OF COLLIER COUNTY, FLORIDA whose mailing address is 5775 Osceola Trail,
Naples, Florida 34109 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, as part of the Oil Well Road expansion project, County has requested that
Owner convey to the County: a fee estate described as Parce1102FEE; four Perpetual, Non-
Exclusive Slope and Utility Easements described as Parcels 102SUE1, 102SUE2, 105SUE1
and 105SUE2; six Temporary Driveway Restoration Easements ("TDRE") described as
1 02TDRE1, 102TDRE2, 102TDRE3, 1 05TDRE1, 105TDRE2 and 105TDRE3 over, under,
upon and across the lands described in Exhibit "A" (said Parcels hereinafter referred to as
the "Property"), which is attached hereto and made a part of this Agreement;
WHEREAS, Owner recognizes that the Oil Well Road expansion project will enhance
and improve traffic movements and operations for Corkscrew Elementary and Middle
Schools and for Palmetto Ridge High School as specifically set for in Exhibit "8" (the
"Traffic Improvements"); and
WHEREAS, in exchange for the Traffic Improvements, Owner desires to convey the
Property to the County for the stated purposes and subject to the terms and conditions set
forth herein, including that no compensation shall be due and payable for the Property
requested by County.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below, and all Exhibits referenced herein are
made a part of this Agreement.
2. Owner shall convey the Property to County, in "as-is" condition to County and at no
cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery
-.'--"--r
1 t !1
!.,"
J LJ
5
to County of a properly executed conveyance instruments) is hereinafter referred to as
the "Closing." The conveyances are contingent upon Owner designating the Property,
as necessary, as surplus by a formal resolution after public notice.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. Owner shall provide such
instruments, properly executed, to County on or before the date of Closing.
4. This Agreement shall be null and void, and of no further force or effect, unless Closing
shall occur within ninety (90) days from the date County executes this Agreement;
provided; however, that County shall have the unilateral right to extend the term of this
Agreement pending receipt of such instruments, properly executed, which either
remove, release or subordinate any and all such liens, encumbrances or qualifications
affecting County's enjoyment of the Property.
5. County shall pay all fees to record any curative instruments required to clear title, all
recording fees, and any and all costs and/or fees associated with securing and
recording a Release or Subordination of any mortgage, lien or other encumbrance
recorded against the Property.
6. Any work to be conducted within the TORE areas shall not occur during normal hours
of operation for Corkscrew Elementary and Middle Schools and Palmetto Ridge High
School from the months of August to May, excluding holiday vacation periods. Further,
the County or its agents shall provide the Owner with at least 10 days advanced,
written notice of any such work, which notice shall identify the work to be done, the
estimated number of days to complete the work and the estimated start and stop time
for the work during each work day in order to permit the Owner to properly schedule
and plan its school activities. Any existing fencing, located on a school site that is
removed in connection with this Agreement, shall be relocated and installed by the
County, at its sole cost and expense, in a location approved by the Owner or its staff.
7. Any work by the County within the Oil Well Road Right-of-Way abutting and/or
affecting access to the TORE areas shall not unreasonably interfere with access to the
Owner's property and the County shall provide continual access to the Owner's
property.
8. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
9. Conveyance of the Properly by Owner is contingent upon no other proVISions,
conditions, or premises other than those so stated above; and this written Agreement,
168
i:
.J
including all exhibits attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written
or oral agreements, undertakings, promises, warranties, or covenants not contained
herein.
10. This Agreement is governed and construed in accordance with the laws of the State of
Florida
IN WITNESS WHEREOF, Declarant has caused these presents to be executed the
date and year first above written.
AS TO PURCHASER:
DATED:
,.
o
"2.'1-68.
AT1J,ST: .-',
DWIGHTE. BRQCK..
AS TO SELLER:
DATED: Vb'c,ti'm.gti""f(' I~I !)tJ/)7
WITNESSES: ;)
~ m.j(~
Witness (Signature) j,}
J) / fIN t: Ill. IlL {J oS Tlit:f
Name (Print or Type)
C) 0 ~tQirJ\;Q(). ~dMwM
Witness (Signature)
Name (Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, F IDA
BY:
.
THE SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
BY:~'",O/~~
NDA ABBO T, Chair
to
IP~~~.-~tt.~~";;Y;;;~';J
/:E{li:if:Z{:-
Item # Ive.'S
~;;~~1da ~
I ~,t~'d . !16ciO~ .
< '
l~"P!Jtv C!8rk
EXHIBIT A
LEGAL DESCRIPTION AND SKETCH
Fee Simple Interest Parcel NO.1 02 FEE
(This is not a Field Survey)
DESCRIPTION
A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier
County, Florida. being more particularly described os follows:
Commence at the southwest corner of said Section 14; thence N 87'48'27" E
along the south line of the Southwest Quarter (SW 1/4) of SOld Section 14,
said south line also being the existing center line of Oil Well Road (C.R. 858),
tor 2040.07 feet; thence leaving said south line N 02'11'33" W tar 50.00 teet
to an intersection with the existing north rIght-of-way line of said Oil Well Road
(C.R. 858) and the Point of Beginning; said pOInt also being the southwest corner
of lands described in Official Records Book 1789. Page 962. of the Public Records
at Callier County. Florida; thence N 87'48'27" E along said north right-of-way line
for 1749.97 feet to the southeast corner of said lands; thence leaving said north
right-of-way line N 02'11'33" W along the east line of said lands for 42.86
feet; thence leaving said east line the following twelve (12) courses;
N 46'19'59" W, 10.76 teet;
S 87'48'27" W, 66.52 feet;
S 43'00'30" W, 70.36 feet;
S 87'48'27" W, 201.19 feet;
N 78'41'48" W, 48.45 teet:
S 88'48'27" W. 447.08 feet;
S 87'48'27" W. 75.19 feet;
N 4711'33" W, 59.99 feet;
S 87'48'27" W, 94.16 feet;
S 43'00'30" W, 77.24 feet;
S 87'48'27" W, 305.10 teet;
S 86'48'27" W, 359.10 feet to the west line at aforesaid lands;
thence S 02'11'33" E along said west line for 1.83 feet to the Point of Beginning.
Containing 28,104 square feet (0.645 acres), more or Jess.
Bearings ore based on the Florida State Plane Coordinate System. East Zone,
NAO 83/99 being N 87'48'27" E far the south line of the Southwest Quarter (SW
1/4) at Section 14, Township 48 South, Range 27 East, Coilier County, Florida.
SHEET 1 OF 2
LEGAL OESCRlPTlON AND SKETCH PREPARED BY MoKlM&CRSEO, PA
STATE OF FLORIDA CERTIFICATE OF AlJTHOR1ZAll0N No. La 6568.
CUENT: COLUER CO. I CH2MHILL
.f.I-J-." /'t. .A~_
JEFFREY M. S'tlLL - PROFESSIONAl.. SURVEYOR AND M6.PPER
STAlE OF FLORIDA REGIS11'IAll0N UCENSE No. LS 63B9
PROJECT: OIL WELL ROAD
DATE: AUGUST 20, 2007
~ :M=KIM&CREED
*
'0970 SOlJTH Cl...E\IElAND AVE., SUITE 401
FORT MYERS, FLORIDA. 33907
PHONE: (239) 276-6876 Fax: (239) 276-7029
FLORIDA CERTlACATE OF At.J11-lOAIZATlON No. La 6566
INTERNET SITE: t-fITP-./foNWW.MCKlMCREED.COM
'",D
.. ,"J '.'
5
6C 5
O.R. BOOK 2229 ORANGE1REE N 46'19'59" W
PAGE 1049 ASSOCIATES 10.76'
N 02'11'33" W
EAST LINE O.R. BOOK 17B9. PAGE 962
N 02'11'33" W
42.86'
S 87'48'27" W -
66.52'
S 43'00'30" W ------
70.36'
N02'11 '33"W
50.00'
w
z
::l
>-
<(
"
I
I i5
:=;1
~SOUll-l LINE OF THE
SOUTHEAST QUARTER
OF SECTION 14-48-27
.1$ ~
S 87'48'27"
201.19'
~--
NOT TO SCALE
co
to
CO
N 78'41'48"
48.45'
w .
\-.((
N .
"'0
,.........
....
'"
zO
((
-l
-l
W
5;
-l
o
3:,
"'1--1'
O_N
.'"
.......
....
...'"
""
U),
LEGAL DESCRIPTION AND SKETCH
Fee Simple Interest Parcel No. 1 02 FEE
(This is not a Field SUNey)
i--
(l)
oi
...
....
S 87'48'27" W
75.19'
-.............
N
S 87'48'27" W _
94.16'
DISlRlCT SCHOOL BOARD
OF COLLIER COUNTY
O.R. BOOK 1789
PAGE 962
&
O.R. BOOK 1590
PAGE 2250
SOUTH QUARTER CORNER
OF SECTION 14-48-27
/
S 43'00'30" W
77.24'
w
i--
N
3= I Co
~~ll ~
~~ z
..,....
""
U).
w
.
....
N
'"
,..
....
'"
z
SOUTH LINE OF THE
SOUTHWEST QUARTER
~ OF SECTION 14-48-27
28,104,"
SQUARE
FEEr
w
z
;<, :J
>-
R }...I ~
~~I J.
~::r 0
1'"1<0 tl
00, G
1/), ~
P.D.B. = POINT OF BEGINNING
P.D.C. = POINT OF COMMENCEMENT
O.R. = OFFICIAL RECORDS
P.O.B.
WEST LINE O.R. BOOK 1789, PAGE 962
N 02'11'33" W
w
}-"i---
NO
~ ~ P.O.C.
,.... 0 SW CORNER OF
to C\I SECTION 14-48- 27
/ SHEEr20F2
S 02'11'33"
1.83'
WATERWAYS
HOMEOWNERS
ASSOCIATION. INC.
NOZ'11'33.W
50.00'
CUENT: COlUERCO./CH2MHILL
10970 SOllTH CLEVB..AND AVE.. sum: 401
.. 1\. Al"VT1l. K&CREED FORT MYERS, R...OAJDA, 33907
~.. .1V.r"'All.V~ PHQN5:(23Q) 275-aS75 FlIX: (23B) Z75-7031
~ FLORIDA CERTlACATE OF AlITHOAIZATION No. L.8 6566
~ JNTEFlNET SITE: HT1P'./NIWW.MCKlMCREEO.c::c>NI
PROJECT: OIL WELL ROAD
DATE: AUGUST 20, 2007
_._--'_._-~'-'-_.~'-__"__"'~_.__._____._____~___ ___.__n__
LEGAL DESCRIPTION AND SKETCH
Slope and Utillty Easement Parcel NO.1 02 SUE1
(This is not a Field SUNey)
DESCRIPTION
A parcel of land lying tn Section 14, Township 48 South, Range 27 East. Collier
County, Florida, being more particularly described os follows:
Commence at the southwest corner of said Section 14; thence N BT48'27" E
along the south line of the Southwest Quarter (SW 1/4) of said Section 14, said
south line also being the existing center line of Oil Well Road (CR. 858), for
2040.07 feet; thence leaving said south line N 0211'33" W for 50.00 feet to an
intersection with the existing north right-af-way line of sold Oil Well Road and to
the southwest corner of lands described in Official Records Book 1789. Page 962.
of the Public Records of Collier County, Florida; thence continue N 0211'33" W,
along the west line of said lands. for 1.83 feet to on intersection with the
proposed north right-of~way line of Oil Well Road; thence N 86'48'27" E along
said proposed right-of....way line for 65.01 feet to the Point of Beginning; thence
continue along said proposed right-of-way line the following three (3) courses:
N 86'48'27" E, 294.09 feet; N 87'48'27" E, 305.10 feet; N 43'00'30" E, 22.24
feet; thence leaving said proposed right-of-way line N 02'1f33" W for 4.23 feet;
thence S 87'48'27" W far 614.93 feet; thence S 02'11'33" E for 25.03 feet to
the Point of Beginning. Containing 12,868 square feet, more or less.
Bearings are based on the Florida State Plane Coordinate System, East Zone,
NAO 83/99 bein9 N 87'48'27" E for the south line of the Southwest Quarter (SW
1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Fiorida.
CVlL N 0211'33" W
~. ~ 50' CO 23.77'
~-=: SCALE ' I @11 ~
SLOPE AND ': I
UTiLITY EASEMENT ---1-- Iw
NO. 102 SUE1 ---- I 0\15
(12,868:l: SQUARE FEET) I I~
, I '"
I I
0, "~
I '?5
I I"'
, 0"
I i~
P.O.B'T\ I
SOUTH UNE OF THE
~ SOUTHWEST QUARTER
/;:-. - I I OF SECTION 14-48-27
~ 'OJ
if
cJ I-~ \~i--
'"0
iDd
....
N02i1'33"W to ~
50.00'
.!I~~
II
Q.
DISTRICT SCHOOL BOARD
OF COLLIER COUNTY
wo
~o:
~.-J
f.....J
"'w
Zs
..J
o
PROPOSED
RIGHT-Of-WAY
UNE
LINE TABLE
1 - N 02'11'33" W,
2 - N 86'48'27" E,
3 - N 86'48'27" E,
4 - N 87'48'27" E,
5 - N 43'00'30. E,
6 - N 02'11'33" W,
7 - S 87'48'27" W,
8 - S 02,1'33" E,
1.83'
65.01'
294.09'
305.10'
22.24'
4.23'
614.93'
25.03'
WEST UNE o.R. BOOK 1789, PAGE 962
N 021 1'33~ W
WA TERWA YS
HOMEOWNERS
ASSOCIA1l0N, INC.
P.O.C.
SW CORNER OF
I.Z SECTION 14-48-27
J~ SHEET 1 OF 1
P.O.B. = POINT OF BEGINNING
P.D.C. = POINT OF COMMENCEMENT
O.R. = OFFICIAL RECORDS
lEGAl... DESCRlPTlON AND SKETCH PREPARED BY McKlMa,CAEED, PA
STATEOF FLORIDA CERTIFICATE OF AUTHORIZAllON No. LB ssee.
CUENT: COWER CO. fCH2MHILL
~ A, .Jdze;:
JEFFREY M. Ll. - PROFESSlONAI... SURVEYOR AND MAPPER
STATE OF FlORIDA FEGlSTRATlON LICENSE No. LSB389
PROJECT: OIL WELL ROAD
DATE: AUGUST 20, 2007
:Q N.H<IM&CREED
*
10970 SOUTH CL.EVB..ANO AVE. SUITE 401
FORT MYERS, flORIDA, 33007
PHONE: (239) 275-M76 Fax: {239} 275-7029
FLORIDA CERTlFICATE OF AUTl-IORIZATlON No. LB 656B
IN1ERNE:T SITE; KTTP1N1WW.MCKlMCREED.COM
.
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6B
5
16B
LEGAL DESCRIPTION AND SKETCH
Slope and Utility Easement Parcel No. 102 SUE2
(This is not a Field Survey)
DESCRIPTION
A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier
County. Florida, being more particularly described as follows:
Commence at the southwest corner of said Section 14; thence N 87"48'27" E
along the south line of the Southwest Quarter (SW 1/4) of sold Section 14,
said south line also being the existing center line of Oil Well Rood (C,R. 858),
for 2040.07 feet; thence leaving said south line N 02'1"33" W for 50.00 feet
to an Intersection with the existing north right-ot-way line of said Oil Well Road
(C.R. 858) and to the southwest corner of lands described in Official Records
Book 1789, Page 962. of the Public Records of Collier County. Florida; thence
along said north right-of-way line N 87"48'27" E for 839.93 feet; thence leaving
said north right-of-way line N 02'11'33" W for 35.71 feet to an intersection with
the proposed north right-of-way line of Oil Well Road and the Point of Beginning;
thence olong said proposed line the following six (6) courses:
S 47'11'33" E, 22.07 feet;
N 87'48'27" E, 75.19 feet;
N 88'48'27" E, 447.08 feet:
S 78'41'48" E, 48.45 feet;
N 87'48'27" E, 201.19 feet;
N 43'00'30" E, 26.68 feet:
thence leaving said proposed right-of-way line N 02'11'33" W for 7.85 feet;
thence S 88'48'27" W for 805.16 feet; thence S 02'11'33" E for 5.99 feet to
the Point of Beginning. Containing 18,008 square feet, more or less.
Bearings ore based on the Florida State Plane Coordinate System, East Zone,
NAD 83/99 being N 87'48'27" E for the south line of the Southwest Quarter (SW
1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida.
SHEET 1 OF 2
LEGAL OESCRJP11ON AND SKETCH PREPARED BY Mcl<IMoSCREED, PA
srATEOF FLORIDA CERTlFICA.1E OF AVTHQRlZAiTON No. LBesaa.
CLIENT: COlUER CO./ CH2MHILl
41rJ-, ",. J;ti..
..JEFFREY ~. STlLL - PROFESSIONAL SURVEYOR AND MAPPER
STATE OF FLORIDAREalSTRATlON lJCENSE No. LS 6389
PROJECT: OIL WELL ROAD
DATE: AUGUST 20, 2007
~ Iv.H<IM&CREED
~
10970 SOLm-l CL.EVaAND AVE., SUITE 401
FORT MYERS, FlORIDA, 33907
PHONE: (239) 275-8676 Fax: (239) 275--7029
flORIDA CEFrnFlCA.TE OF AlJTHORlZATlON No.LB tlS156
INTERNET SITE: KTTP;/N/WIN.MCI<IMCftEED.COM
ORANGETREE
ASSOCIATES
N 02,,'33" W
EAST LINE O.R. BOOK 1789, PAGE 962
LEGAL DESCRIPTION AND SKETCH
Slope and Utility Easement,
Parcel No. 102 SUE2
(This is not a Field Survey)
3:$
1,"
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-
SCALE t-... 120'
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120
SLOPE AND
UTILITY EASEMENT
NO. 102 SUE2
(18,008'" SQUARE FEET)
DISTRICT SCHOOL BOARD
OF COLLIER COUNTY
LINE TABLE
1 N 81'48'27" E,
2 N 02'11'33" W,
3 S 47,1'33" E,
4 N 81'48'27" E,
5 N 88'48'27" E,
6 S 78'41'48" E,
7 N 81'48'27" E,
8 N 43'00'30" E,
9 N 02'11'33" W,
10 S 88'48'27" W,
11 S 02,1'33" E,
16B
[:
~'
NOZ11'33"W
50.QO'
PROPOSED
RIGHT-OF-WAY
LINE
SOUTH LINE OF 1HE
SOUTHEAST QUARTER
__ OF SECTION 14-48-27
6
----
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PROPOSED
RIGHT-OF-WAY
LINE
839.93'
35.71'
22.01'
75.19'
447.08'
48.45'
201.19'
26.68'
7.85'
805.16'
5.99'
P.O.B.
WEST LINE O.R. BOOK 1769, PAGE 962
N 0211'33" W
P.D.B. = POINT OF BEGINNING
P.D.C. = POINT OF COMMENCEMENT
O.R. = OFFICIAL RECORDS
WA TERWA YS
HOMEOWNERS
ASSOCIATION, INC.
CD
SOU1H UNE OF THE
SOUTHWEST QUARTER
__ OF SECTION 14-48-27
l
w
. ,
......
NO
rod
......
'0
[ON
P.O.C.
SW CORNER OF
SECTION 14-48-27
/ SHEET20F2
NOZ'11'33"W
50.00'
CUENT: COWER co.! CH2MHILL
10970 SOUTH CLEVELAND AVE.. SUITE 401
~ ll. ArVT1l. Jr&CREED FORT MYERS, FLORIDA, 33907
J.V ...-AllV ~ PHONE: (239) 276-8875 FlOC (239) 275-7029
~~ FL.ORlDA CERllFlCATEOF AlJTHQRlZA1l0N No. La 6566
~ INTERNET SITE: HfT?"JM'WW.MCKIMCREeO.COM
PROJECf: OIL WELL ROAD
DATE: AUGUST 20.2007
LEGAL DESCRIPTION AND SKETCH
Slope and Utility Easement Parcel No. 105 SUE1
(This is not a Field SUNey)
PERPETUAL. NON-EXClUSIVE SLOPE
AND lI11LIlY EASEMENT
DESCRIPTION
A parcel of land lying in Sections 13 and 14, TownshIp 48 South, Range 27 East,
Collier County, Florida. being more particularly described as follows:
Commence at the southwest corner of said Section 13; thence along the west
line of said Section 13 N 00'11'14" W for 50.00 feet to an intersection with the
existing north right-of-way line of Oil Weil Rood (C.R. 858, 100 feet wide) and
the Point of Beginning; thence leaving said west lIne and along sold north
right-of-way line S 89'35'33" W for 0.97 feet; thence continue along sold north
line S 87'48'27" W for 349.32 feet; thence leaving sold north line N 02'11'33" W
far 20.00 feet; thence N 87"48'27" E far 349.63 feet; thence N 89'35'33" E for
227.50 feet; thence S 00'24'27" E far 20.00 feet to the aforesaid north
right-of-way line of Oil Weil Road; thence along said north line S 89'35'33" W
for 226.22 feet to the Point of Beginning. Containing 11,536 square feet, more
or less.
Basis of bearings based on the Florida State Plane Coordinate System, East
Zone, NAD 83/99 being N 89'35'33" E for the south line of the Southwest
Quarter (SW 1/4) of Section 13, Township 48 South, Range 27 East, Coilier
County, Florida. said SQuth line also being the existing center line of Oil Well
Rood.
l.EI3AL OSSCRlPTlON AND SKEltH PREPARED BY Mcl<lM&.CREED, PA
6TAiEOP FlORIDA CERTlFICA.TE OF AUTHORIZATION No. La esee.
SHEET 1 OF 2
CLIENT: COL.l..IER co. (CHZMHILL
,_>::~"",-~;"v",Q;~~' ,
::,:,h~ '~l ,'I
:.~~ ,:~\t-:r Y-!f!;:~~1.1\
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"'~ 'i~':'~:~~;':;'~~~~:Y
~A.~
JEFFREY M. 6TllL - PRoFESSIONAL. SURVEYoR AND MAPPER
STATE OF FLORIDA REGlS1HA.110N LICENse No.LS 6389
PROJECT: OIL WELL ROAD
DAlE: APTlL 14, 2007
.6 :M:KIM&CREED
~
6241 ARC WAY
FORT MYERS, FLORIDA, 3ag12
PHONE: (23e) 275-BEl75 Fax: (239) 27~7029
FLORIDA CERTIFICATE OF AUTHOAIV.T1OJ\I No. La 656El
INTERNET'SITE: HTTP://WWW.MCKlMCREED.COM
16B
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LEGAL DESCRIPTION AND SKETCH
Slope and Utilily Easement
Parcel No, 105 SUE1
(This Is not a Field SUNey)
S 00'24'27" E
20.00'
..l~~
"
D
BD
,
~
-
SCALE ,.... BO'
DISTRICT SCHOOL
BOARD OF
COWER COUNTY
O.R. BOOK 2981
PACE 2872
WEST LINE OF SECTION 13
EAST UNE OF SECTION 14
N 0011'14" W
PERPETUAL, NON-EXCLUSIVE SLOPE
AND UTTU1Y EASEMENT
SLOPE AND
UTILITY EASEMENT
NO. 105 SUE1
(11,536::!: SQUARE FEE"!)
DISTRICT SCHOOL
BOARD OF
COLLIER COUNTY
O.R. BOOK 2981
PAGE 2872
N 02,1'33"
20.00'
WEST UNE O.R. BOOK 2981. PAGE 2872
N 0211'33" W
P.O.B. ~ POINT OF BEGINNING
P.O.C. ~ POINT OF COMMENCEMENT
D.R. = OFFICIAL RECORDS
A
~
\.
NR<IM&CREED
6241 fi.RCWAY
FORT MYERS. FLORIDA. 33912
PHONE: (23g) 275-aB76 Fax: (239) 275-7029
FLQRlDA CERT1FIOATE OF AUTHORIZATION No. LB 6566
INTERNET SITE; trrTP:J/'NWW.MCKlMCREED.COM
[J
I ~
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>'-
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50.0'
N
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-1
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5;
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SOUTH LINE OF THE
SOUTHWEST QUARTER
OF SECTION 13-48-27
(EXISTING CENTER LINE
OF Oil WELL ROAD)
J
~I ~
~I ~ o:i
~ gj 0
z I UJ a: P,O.C.
I / SW CORNER OF
t- ~'= - SECTION 13-48-27
I ~ '-. N 00,1'14" W
50.00'
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O.R. BOOK 2229
PAGE 1040
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co
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CO
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SOUTH LINE OF THE
......---- SOUTHEAST QUARTER
OF SECTION 14-48-27
(EXISTING CENTER LINE
OF Oil WEll ROAD)
SHEET 2 OF2
CLJENT: COLLIER CO./CH2MHILL
PROJEar: OIL WELL ROAD
DATE: APTIL 14, 2007
16B
h.
..I
16B
r:;
Wf;.j
LEGAL DESCRIPTION AND SKETCH
Slope andUtilily Easement Parcel No, 105 SUE2
(ThIs is not a FIeld SUNey)
PERPETUAl.. NON-EXClUSIVE SLOPE
AND UTlU1Y EASEMENT
DESCRIPTION
A parcel of land lying in Section 13, Township 48 South, Range 27 East, Coliier
County, Florida, beIng more particularly described as follows:
Commence at the southwest corner of said Section 13; thence along the west
line of said Section 13 N OOj 1'14" W for 50.00 feet to on Intersection with the
existing north right-of-way line of Oil Weli Road (C.R. 858, 100 feet wide);
thence leaving said west line and along said exIsting north right-of-way line
N 89'35'33" E for 381.22 feet to the Point of Beginning; thence leaving said
north right-of-way line N 00'24'27" W for 20.00 feet; thence N 89'35'33" E
for 999,97 feet; thence S 00'29'10" E for 20.00 feet to the aforesaid north
right-of-way line of Oil Weli Road; thence aiong sold north line S 89'35'33" W
for 1000,00 feet to the Point of Beginning. Containing 20,000 square feet,
more or less.
Basis of bearings based on the Florida State Plane Coordinate System, East
Zone, NAO 83/99 being N 89'35'33" E for the south line of the Southwest
Quarter (SW 1/4) of Section 13, Township 48 South, Range 27 East, Collier
County, Florida, said south line also being the existing center line of Oil Well
Road,
SHEET 1 OF 2
lEGAl.. DESCRIFI10N AND SKETcH PREPARED BY McI<IM&CREED. PA
STATE OF Fl..DRIOA CERTIFICATE OF Alm-IORlZA.1l0N No. La 6566.
CLIENT: COLl.IER CO. I CH2MHlLL
#?- /},., 4~
JEFFFlEY M. STILL_ PROF~NAJ....SURVSYORAND MAPPER
STAtE OP R..ORIOAREGISTRATlON UCENSENo. La e389
PROJECT: OIL WELL ROAD
, . \ J~/""
(0 :;;;f!!j)\
'\1' ':l.J:'),r-
,~
DAlE: APTIL 14, 2007
~ rvH<IM&CREED
~
6241 AACWAY
FORT MYERS, FLORIDA, 33912
PHONE: (23S) 275-6875 Fax: (239) 275-7029
FLOAtoA CERTlFICATE Of" AlJTHORIZA11ON No. La 6566
INTERNET" SITE: HTTP;/NJ'Vv'IN.MCKlMCREED.COM
j''''-,"'
.', '
.4
~
O.R. BOOK 1433
PAGE 509
N 00'29'10" W
EAST UNE O.R. 'BOOK 2981. PAGE 2672 I
S 00'29'10" E--r\ SOO'24'27'E
20.00' 50.QO'
I
LEGAL DESCRIPTION AND SKETCH I
Slope and Uti lily Easement I w
Parcel No, 105 SUE2 z
- I ::J
(This is not a Field SUNey) :;;, >-
~ ~
m J. 0; CO
PERPETUAl.. NON-EXCLUSIVE SLOPE ~I u; l!)
0 " CO
AND UTTU1Y EASEMENT I >'- ;!:
:z:
, '" a:
SLOPE AND 0:
~l w Q
UTlLI1Y EASEMENT ;.,
NO. 105 SUE2 t '"
u, 0
(20,0002: SQUARE FEEl) '"
m a:
'"
I z -1
'0
I 0 -1
ci ill
wi 0 5;
0
1<,1 ~
-~ t<) -1
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121 ""
'.D D 120 zl
,....., '"
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1" ., 120' in
SCALE t"
I m
IX)
I UJ
P.O.B.
N 00'24'27"
20.00'
r
w-1/ N
I "i
I ~
L_,
I
I
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I
P.O,C,
SW CORNER OF
SECTION 13-48-27
DISTRICT SCHOOL
BOARD OF
COWER COUNTY
w
SOUTH LINE OF THE
SOUTHWEST QUARTER
/' OF SECTION 13-48-27
/' (EXISTING CENTER LINE
OF OIL WELL ROAD)
O.R. BOOK 2981
PAGE 2872
P.O.B. = POINT OF BEGINNING
P.D.C. = POINT OF COMMENCEMENT
O.R. = OFFICIAL RECORDS
..,
"'
in
t"
m
IX)
z
WEST LINE OF SECTION 1;S
EAST UNE OF SECTION 14
N 00'1'14" W
-
DISTlRICT SCHOOL
BOARD OF
COWER COUNTY
N 00,1'14" W
50.00'
D.R. BOOK 2981
PAGE 2872
SHEET 2 OF 2
1vH<IM:&CREED
CLIENT: COlUER CO./ CH2MHILL
6241 ARC WAY
FORT MYERS, flORIDA, 33912
PHONE: l239) 275-8815 Fwc {23a} Zl5-7029
FLORIDA CCRllFlCATE OF AlnHOAlZATION No. LB 6568
INTERNET SITE: HllP:/MIWW.MCKlMCREED.COM
DATE: AFTlL 14, 2007
PROJECT: OIL WELL ROAD
1 )1' n 5
,"_1._ '''\
LEGAL DESCRIPTION AND SKETCH
Temporary Driveway Restoration Easement Parcel NO.1 02 TDRE1
(This is not a Field SUNey)
DESCRIPTION
A parcel of land lYing in Section 14, Township 48 South, Range 27 East, Collier
County, Florida, being more particularly described os follows:
Commence at the southwest corner of said Section 14; thence N 8r4S'27" E
along the south line of the Southwest Quarter (SW 1/4) of sold Section 14, sold
south line also being the existing center line of Oil Well Road (C.R. 858). for
2040.07 feet; thence ieaving soid south line N 02'11'33" W for 50.00 feet to on
intersection with the existing north right-of-way line of said Oil Well Road and to
the southwest corner of lands described in Official Records Book 1789, Page 962,
of the Public Records of Collier County. Florida; thence continue N 02011'33" W,
along the west line of said lands, for 1.83 feet to an intersection with the
proposed north right-ot-way line of Oil Well Road and the Point of Beginning;
thence continue N 02011'33" W along said west line for 58.17 feet; thence leaving
said west line N 87'48'27" E for 65.00 feet; thence S 02"11'33" E for 57.03 feet
to the aforesaid proposed north right-of-way line of Oil Well Road; thence along
said proposed right-of-way line S 86'48'27" W for 65.01 feet to the Point of
Beginning. Containing 3,744 square feet, more or less.
Bearings are based on the Florida State Plane Coordinate System, East Zone.
NAD 83/99 beIng N 87'48'27" E for the south line of the Southwest Quarter (SW
1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Fiorlda.
--I~~
S 0211'33" E
20 0 20 ,
I"""'l :::; ," = 20' ' Jf 2.::.00,
. N02i 1 '33.W
r ~ ~'1.!.33" ~ - _5Z:.?~ - -+- - .
I_PROPOSED
'" . -0 :--RIGHT-OF-WAY
S,. 0 ~
-I- 01 .,;' I LINE
Oz . co, I
~5 ~I
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1-0
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1::1
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I
N 0211'33" W I WEST UNE D.R. 800K 1789, PAGE 962
N 02'11'33" W 58.17' /1
WATERWAYS PO B
HOMEOWNERS . . .
ASSOCtA110N, INC.
N 02.1"33'" W
P.O.B. = POINT OF' BEGINNING 1.83'
P_O.C. = POINT OF COMMENCEMENT
O.R. = OFFICIAL RECORDS
~
CO
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CO
CC
Q.
TEMPORARY DRIVEWAY
RESTORATION EASEMENT
NO.102TDRE1
(3,744;, SQUARE FEET)
IL
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wi Ij:
00 I 1!:2
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~-l
--I
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~$
-1
SOUTH LINE OF THE
o SOUTHWEST QUARTER
OF SECTION 14-48-27
---
<+'
-+--.
N021"33'"W ~.
50.00' W
. .
1"-1"-
NO
~~* P.O.C.
1:0 C'Il SW CORNER Of
Ilz ./ SECTION 14-48-27
V SHEET 1 OF1
LEGAL OESCRlPTlON AND SKETCH PREPARED BY McKIM&CREED, PA
STAlE OF FLORlOA CERTlFlCAlE OF AUTHORIZATION No. La 6586.
CUEJ\/T: COLUERCO./CH2MHILL
tWh A. ..J~
JEFFREY ~Sl1LL - PROFESSIONAL SURIIEYoR AND MAPPER
STATE OF FLOAlDA ~ISlFlAllON UCENSE No.LS 6389
PROJECT: OIL WB.L ROAD
DATE: AUGUST 20, 2007
~ M=I<IM&CREED
10970 SOlJTl-l CLEVELAND AVE., SUlTE401
FORT MYERS, FLOAlOA, 33907
PHONE: (239) 275-8875 Fax: (239) 275--7029
FLORIDA CEA'TlFlOATE OF Al1THDRlZAllON No. La 6566
INT'ER/'JETSfTE: HTTPJNIWW.MCKlMCREEO.COM
16 ,-.
~
16
,.,..
,
LEGAL DESCRIPTION AND SKETCH
. Temporary Driveway Restoration Easement Parcel No, 102 TDRE2
(This is not a Field SUNey)
DESCRIPTION
A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier
County. Florida, beIng more particularly described as follows:
Commence at the southwest corner of said Section 14; thence N 87"48'27" E
along the south line of the Southwest Quarter (SW 1/4) of said Section 14, sOld
south line also being the existing center line of Oil Well Road (C.R. 858), for
2040.07 feet; thence leaving said south line N 02"11'33" W for 50.00 feet to an
intersection with the eXisting north right-of-way line of said Oil Well Road and to
the southwest corner of lands described in Official Records Book 1789. Page 962,
of the Public Records of Collier County. Florida; thence along said north
right-of-way line N 87"48'27" E for 679.93 feet; thence leaving said north
rlght-ot-way line N 02"11'33" W for 23.77 feet to an intersection with the
proposed north right-of-way line of Oil Well Road and the Point of Beginning;
thence along said proposed right-ot-way line the following three (3) courses:
N 43'00'30" E. 55.00 feet; N 87"48'27" E, 94.16 feet; S 47,1'33" E, 37.92 feet;
thence leaving saId proposed right-at-way line N 02"11 '33" W for 34.29 teet;
thence S 87"48'27" W for 160.00 feet; thence S 0211'33" E for 46.23 feet to
the PoInt ot Beginning. Containing 2,312 square feet, more or less.
Bearings are based on the Florida State Plane Coordinate System, East Zone,
NAD 83/99 being N 87"48'27" E for the south line of the Southwest Quarter (SW
1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida.
3 ~ ~ ) II 50' N O~b~;~r W
..........--- , <r' @ -7- - ~ SOUTH LINE OF THE
NOT TO SCALE I, I W ....---- SOUTHEAST QUARTER
I ~'@ I f..., OF SECTION 14-46-27
TEMPORARY DRIVEWAY I >- I ; 0
RESTORATION EASEMENT I o~ w;... a: ~
NO.102IDRE2 ----~.Lw 5 '" ffi
(2,312:l:SQUAREFEE"!)--------I'17\ g;'Ts :>- Z -! CO
(':;\ \.V 0:::1- < -J
011 n.i3 I~ ill .
Il " ~ 50:;
I I~ -1 Q.
I 10' 0
I '~~
i-@1\)
/ SOUTH LINE OF THE
CD ....---- SOUTHWEST QUARTER
P 0 B .~- OF SECTION 14-48-27
. .. (~.
r. W
DISTRICT SCHOOL BOARD
OF COLLIER COUNTY
LINE TABLE
1 - N 87"48'27" E,
2 - N 0211'33" W,
3 - N 43'00'30" E
4 - N 87"48'27" E,
5 - S 4711'33" E,
6 - N 02,1'33" W,
7 - S 87"48'27" w.
8 - S 02,1'33" E,
679.93"
23.77'
55.00'
94.16'
37.92'
34.29'
160.00'
46.23'
WEST LINE O.R. 800K 1789, PAGE 982
N 02"1"33" W
P.0.8. = POINT OF BEGINNING
P.Q.C. = POINT OF COMMENCEMENT
D.R. ~ OFFICIAL RECORDS
lEGAl DESCAIP110N AND SXETCH PREPARED fJ'( McI<IM&CAEED, PA
STATE OF FLORIDA CEA11F1CATE OF AUTHORIZAlTON No. LB asee.
!iu-l-, /'-.. ~
JEFFREY . STlll- PROFESSIONAl SURVEYOR AND MAPPER
$rATE OF FLORIDA REG1STRAlTON UCENSE No. LS 6389
~ M=I<IM&CREED
WA TERWA YS
HOMEOWNERS
ASSOCIATION, INC.
r-.r-..
NO
~~
~~
P.O.C.
SW CORNER OF
Z SECTION 14-48-27
~ SHEET 1 OF1
NOZ'11'33"W
50.00'
CUENT: COWER CO., CH2MHJlL.
PROJECT: OIL vvelJ.. ROAD
DATE: AUGUST 20, 2007
10970 SOUTH CLEVELAND AYE., SUITE 401
FORT MYERS. FLORIDA, 33907
PHONE.: (239) 275-8875 Fax: \'239) 275-7029
FLORIDA CERTlFJCA1E OF AUTHORlZAllON No. LB e566
lNTEFlNEr SITE: HT1?;f/WWW.MCKIMCAEED.COM
LEGAL DESCRIPTION AND SKETCH
Temporary Driveway Restoration Easement Parcel NO.1 02 TDRE3
(This Is not a Fieid SUNey)
DESCRIPTION
A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier
County. Florida, being more particularly described as follows:
Commence at the southwest corner of said Section 14; thence N 87"48'27" E
along the south line of the Southwest Quarter (SW 1/4) of said Section 14,
said south line also beIng the existing center line of Oil Well Rood (C.R. 85S),
for 2040.07 feet; thence leaving said south line N 02'11'33" W for 50.00 feet
to an intersection with the existing north right-of-way line of said Oil Well Rood
(C.R. 858) and to the southwest corner of lands described in Official Records
Book 1789, Page 962, of the Public Records of Coilier County, Florida; thence
along sold north right-of-way line N 87'48'27" E for 1644.97 feet; thence leoVlng
said north right-ot-way line N 02011'33" W for 19.80 feet to an intersection with
the proposed north right-of-way line of Oil Well Road and the Point of Beginning;
thence along said proposed tine N 43'00'30" E for 43.68 feet; thence continue
along said proposed line N 87"48'27" E for 66.52 feet; thence continue along said
proposed line S 46"19'59" E for 10.76 feet to the east line of aforesaid lands;
thence leaving sold proposed line and along saId east line N 02'11'33" W for
24.14 feet; thence ieaving sold east line S 87"48'27" W for 105.00 feet; thence
S 02'11'33" E for 47.20 feet to the Point of Beginning. ContaIning 2,230 square
feet, more or less.
Bearings are based on the Florida State Plane Coordinate System, East Zone.
NAD 83/99 being N 87'48'27" E for the south line of the Southwest Quarter (SW
1/4) of Section 14, Township 48 South, Range 27 East, Collier County, Florida.
12D
I
@) , L,..
I ~ _ N0211'33'W
I 0 L-- 50.00'
;;01 ,0 4 RIGH.r!g:.?Jf~ LINE
!-,~ r. ~
0f' I, ~ 1 - SOUTH LINE OF THE
7 I r\r,'I 0 SOUTHEAST QUARTER
I \.:..J OF SEC1l0N 14-48-27
TEMPORARY DRIVEWAY I w a: CO
RESTORATION EASEMENT PO B I)- \- -1 l!)
NO.102TDRE3 ' . . I~ ,'" CO
(2,230;, SQUARE FEET) ~~ ~ ill .
~""~>a:;
=' Z >0
19.80' -1 .....,
43.68' DISTRICT SCHOOL >- w 0
'" .
66.52' BOARD OF ===, Ii::;
COLUER COUNTY .~
10.76" 151~ cl.,
... t7" SOUTH LINE OF THE
24.14' .!-I j...., SOUTHWEST QUARTER
105.00" ~ ~ ______ OF SECTION 1.....48-27
47.20' 0"
ORANGElREE
ASSOCIATES
N 0211'33'" W
42.86'
N 02'11'33'" W
EAST UNE O.R. BOOK 1789. PAGE 962
~
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SCALE 1~ '" 120'
LINE TABLE
1 - N 02,1'33" W.
2 - N 43'00'30" E,
3 - N 87'48'27" E,
4 - S 46'9'59" E,
5 - N 02,1'33" W,
6 - S 87'48'27" W,
7 - S 02,1'33" E,
WEST UNE O.R. BOOK 1789. PAGE 962
N 0211'33" W
I N 87'48'27" E
r" 2040.07'
/p,O.C,
NOZ"11'33'"w SW CORNER OF
50.00' ,! ____ SEC1l0N 14-48-27
~ SHEET 1 OF 1
P.O.B. - POINT OF BEGINNING
P.D.C. = POINT OF COMMENCEMENT
C.R. = OFFICIAL RECORDS
WA TERWA YS
HOMEOWNERS
ASSOCIA nON, INC.
LEGAL OESCRlPllON AND SKETCH PREPARED BY Mcl<IM&CREEO. PA
STATE OF flORIDA CERTIACATE OF AUTHORIZATION No. LB ese8.
CLIENT: COWER CD. I CH2MHJLL
14-- A - .J;zZte.
JEFFREY ~snLL - PROfESSIONAL. SURVEYOR AND MAPPER
STATE OF FlORIDA RCGlSTFIAnoN UCENSE No. L.S B389
PROJECT: OIL WELL ROAD
DATE: AUGUST 20, 2007
A J\..R<IM&CREED
*
10970S0lITH Cl...EVEI....4NAVE.. SUITE 401
FORT MYERS. flORIDA,. 33907
PHONE: (239) 275-6875 Fax: (239) 275-7029
FLORIDA CERllFICATE OF AUTHORIZAllON No. LB 6566
INTERNET SITE: HTTP:/tNWW.MCKlMCREED.COM
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LEGAL DESCRIPTION AND SKETCH
Temporary Driveway Restoration Easement Parcel NO.1 05 TDRE1
(This is not a Field SUNey)
DESCRIPTION
A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier
County. Florida, being more particularly described as follows:
Commence at the southeast corner of said Section 14; thence along the east
line of said.Sectlon 14 N 00,1'14" W for 50.00 feet to an Intersection with the
existing north right-of-way line of 011 Well Road (C,R, 858, .100 feet wide);
thence leaving said east line and along said north right-of-way line
S 89'35'33" W for 0.97 feet; thence continue aiong sold north right-of-way
line S 87'48'27" W for 444.32 feet to the southwest corner of lands described
In Officioi Records Book 2981, Page 2872, of the PUblic Records of Coiiier
County, Fiorlda, and the Point of Beginning; thence leaving sold north line and
along the west line of sold lands N 02,1'33" W for 60.00 feet; thence leaving
sold west line N 87'48'27" E for 95.00 feet; thence S 0211'33" E for 60,00
feet to the said eXisting north right-of-way line of Oil Well Road; thence
S 87"48'27" W for 95.00 feet to the Point of Beginning, Containing 5,700
square feet, more or less.
Basis of bearings based on the florida State Plane Coordinate System, East
Zone, NAD 83/99 being S 87"48'27" W for the south line of the Southeast
Quarter (SE 1/4) of Section '4, Township 48 South, Range 27 East, Collier
County, Florida.
WEST UNE OF SECTION 13
EAST UNE OF SECTION 14
O.R. BOOK 2981
PAGE 2872
50.00'
NOe, 1'14 "w ____
N 0011'14" W
~~
~
P.O,C.
SE CORNER OF
SEC110N 14-48-27
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SOUTH LINE OF THE
......---- SOUTHEAST QUARTER
OF SECTION 14-48-27
(EXJSTING CENTER LINE
OF OIL WELL ROAD)
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D.R. BOOK 2981
PAGE 2872
TEMPORARY DRIVEWAY
RESTORATI.ON EASEMENT
NO. 105 TDRE1
(5,700:!: SQUARE FEE"!) 60.00'
~Sr02'11'33"
TEMPORARY DRIVEWAY
RESTORATION EASEMENT ;....
. (DUijA~: 3 YEAR~. . _ w "" ~
P:O.B. = POINT OF BEGINNiNG . I ;:-
P.O.C. = POINT .OF COMMENCEMENT I "0 ~ D3
O.R. - OFFICIAL. RECORDS 0 -DO UJ
R/W = RIGHT OF WAY ~ ~ I
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WEST LINE o.R. BOOK 29B1, PAGE 2872
N 02'1'3310 W
O.R. BOOK 2229
PAGE 1040
N 02'11'33" W N0211'33'W
60.00' 50.00'
lEGAl.. DESCfllPTlON AND ~ PREPA.REO BY McKIM&CAEED, PA
STATE OFFLORlOA CEFn1FlOATE OF AUTHOAlZA.110N No.LB 6566.
CLIENT: COWER CO./CH2MHJLL.
~ A, >i-::tW-
JEFF'REY M. LL_ PROFESSIONAl.. SURVEYOR AND MAPPER
STATE OF FLORIDA REGlSlRA1l0N UCENSS No. Ls 6389
PROJECT: OIL WELL ROAD
DAlE: APTlL 14, 2007
4 ~&CREED
6241 AACWAY
FORT MYERS, FLORIDA, 33'il12
PHONE: (239) 275-8875 Fax: (238) 275-702e
FLORIDA CER11ACATEOF Al1THOAlZAllDN No. La 5566
INlERNET SfTE: 1-lTTP:JIVIiWW.MCJ<JMCREED.COM
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LEGAL DESCRIPTION AND SKETCH
Temporary Driveway Restoration Easement Parcel No.1 05 TDRE2
(ThIs is nota Field SUNey)
TEMPORARY DRIVEWAY
RESTORATION EASEMENT
. (DLI/fA1IQtt 3 Y&AR8
..,~ _ r r-,__
I
DESCRIPTION
A porcel of land lying in Section 13, Township 48 South, Range 27 East, Collier
County, Florida, being more particularly described as follows:
Commence at the southwest corner of said Section 13: thence along the west
line of said Sectfon 13 N 00'11'14" W for 50.00 feet to on intersection with the
existing north right-of-way line of Oil Well Road (C.R. 858, 100 feet wide);
thence leaving said west line and along said existing north right-ot-way line
N 89"35'33" E for 226.22 feet to the Point of Beginning; thence leaVing sold
north right-of-way line N 00'24'27" W for 65.00 feet; thence N 89"35'33" E
for 155.00 feet; thence S 00'24'27" E for 65.00 feet to the aforesaid north
right-of-way lIne of Oil Weil Road; thence along said north lIne S 89"35'33" W
for 155.00 feet to the Point of Beginning. Containing 10,075 square feet,
m ore or less.
Basis of bearings based on the Florida State Plane Coordinate System, East
Zone, NAD 83/99 being N 89"35"33" E for the south line of the Southwest
Quarter (SW 1/4) of Section 13, Township 48 South, Range 27 East, CoiJIer
County, Florida, said south line also being the existing center line of Oil Well
Road.
lEGAl. DESCRIPl10N AND SKETCH PRePARED BY McKlM&CAEED. PA
STATEOF FLOAI:IA CEFmFICATE OF AUTHORlZAlION No. La 6586.
SHEET 1 OF 2
CUENT: COLLJER CO./CH2MHlLL
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JEFFREY M stiLL - PROFESSIONAL, SURVEYOR AND MAPPER
STATEOF R.ORIOA REalSrRA.ll0N LJCENSE No.LS 6369
PROJECT: OIL WELL ROAD
DATE: APTll 14, 2007
A :M=I<IM:&CREED
"*
8241 ARC WAY
FORT MYERS, FLOAlOA. 33912
PHONE: (239) 275-6675 F&IX: (239) 275-7029
FLOAlDA camFlCATE OF AUTHORIZATION No.LB 6S68
lNTERNEr SITE; HTTF':lM"MV,MCKIMCFlEED.COM
..
6
5
O.R. BOOK 1433
PAGE 509
N 00'29'10" W
EAST LINE O.R. BOOK 2981. PAGE 2872
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TEMPORA. RY DRIVEWAY 65.00' \ I ~
RESTORATION EASEMENT __________ I
NO, 105 TDRE2 .............. I
(10,075.;: SQUARE FEET) w r
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65.00' I
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LEGAL DESCRIPTION AND SKETCH
Temporary; Driveway Restoration Easement
Parcel No, 105 TDRE2
(This Is not a Field SUNey)
~~
~
12D
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120
,......,
-
SCALE ,.. = 120'
DISTRICT SCHOOL
BOARD OF
COWER COUNTY
O.R. BOOK 2981
PAGE 2872
TEMPORARY DRIVEWAY
RESlORATION EASEMENT
. (DIfflA~:3~_,_
J
P,D.B, = POINT OF BEGINNING
P,D.C. = POINT OF COMMENCEMENT
O.R, = OFFICIAL RECORDS
WEST LINE OF SECTION 13
EAST LINE OF SECTION 14
N 0011'14" W
DISTRICT SCHOOL
80ARD OF
COWER COUNTY
O.R. BOOK 2981
PAGE 2872
· 1t..rvn. Jf&CREED FORTMYEAS,F~~I~~~~~
~ .LY'&'-,L'-I,LVJ. PHONE: (239) 275-6876FBlC (239) 275-703l
./ii:!'II'~ FlORIDA CERTlFlCAlE OF AllTHORIZA.110N No. La 6.5tl6
~ lNn:RNErS/TE; ffiTp:j/WWW.MCl<IMCREED.COM
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SOUTH LINE OF THE
SOUTHWEST QUARTER
/' OF SEC110N 13-48-27
/' (EXISTING CENTER LINE
OF OIL WELL ROAD)
n'N
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t<)<O
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:il'"
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-
S ag'35'33" W
155,00'
P,O,B.
P.O.C.
SW CORNER OF
SECTION 13-48-27
N 00,1'14" W
50,00'
SHEET 2 OF 2
CUENT: COLUERCO./CH2MHlLL
PROJECT: OIL 'NELL ROAD
DATE: APTlL 14, 2007
16 r~
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t.,
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LEGAL DESCRIPTION AND SKETCH
Temporary Driveway Restoration Easement Parcel No.1 05 TDRE3
(This Is not,a Field SUNey)
TEMPORARY DRIVEWAY
RESTORATION EASEMENT
. (DUijA1'\otI'3~'
DESCRIPTION
A parcel of land lying in Section 13, Township 48 South, Range 27 East, Collier
County, Florida, being more particularly described as follows:
Commence at the southwest corner of said Section 13; thence along the west
line of said .Section 13 N 0011'14" W for 50.00 feet to on intersectIon with the
existing north right-at-way line of Oil Well Road (C.R. 858, 100 feet wide);
thence leaving said west line and along said existing north rlght-ot-way Hne
N 89'35'33" E tor 1381.22 feet to the Point of Beginning; thence ieaving said
north right-at-way line N 00'29'10" W for 58.00 feet; thence N 89'35'33" E
for 94.50 feet to an intersection with the east line of lands descrIbed In
Official .Records Book 2981, Page 2872. of the Public Records of Collier County,
Florida; thence along said east line S OO'29'10" E tor 58.00 feet to the atoresaid
north right-of-way line of Oil Well Road: thence leaving sald east line and
along said north right-at-way line S 89'35'33" W for 94.50 feet to the Point
of BegInnIng. Containing 5,481 square feet, more or Jess.
Basis of bearings based on the Fiorida State Piane Coordinate System. East
Zone, NAD 83/99 being N 89'35'33" E for the south line of the Southwest
Quarter (SW 1/4) of Section 13, Township 48 South. Range 27 East. Collier
County. Fl,orida, said south line also being the existing center line of Oil Well
Road.
SHEEr 1 OF 2
lEGAL OESCRIP11ONAND SKETCH PREPARED BY MoKIM&CREED, PA
STAlE OP FlORIDA CER'TlFICA1E OF AlJTHORIZAi10N No. L.B 6566.
ewENT': COLUER CO. I OH2MHIll.
. >:~>;'-:~~'~?~~ ~~' I i I
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J~M.i!~SIO~~~~~PER
STA"TE OF FLORIDA REGISTRA110N LJQENSE No. LS 8369
PROJECT: OIL WELL AOAD
DATE: APTlL 14, 2007
A :M=KIM&CREED
~
8241 AROWAY
FORT MYERS, FLORIDA, 3S912
PHONE: (23e) 275-8875 Fax: (239) 275--7029
FLORIDA CER11F1CAlE OF AUTHORlZA110N No. La 6566
INTERNET SITE: HTl'P:/MWW.MCKIMCREEO.COM
160
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O.R. BOOK 1433
PAGE 509
S 00'29'10" E
58.00' \
N 00'29'10" W
EAST UNE O.R.':SOOK 2981. PAGE 2872
N 89'35'33" E ----'
94.~L
TEMPORARY DRIVEWAY /:
RESTORATION EASEMENT N 00'29'10" W I
NO, 105 TDRE3 58.00' I
(5,481 ::!: SQUARE FEE"!) .
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TEMPORARY DRIVEWAY
RESTORATION EASEMENT
(DUijATICl!I: 3 YEAR$.
" ~.
LEGAL DE$CRIPTION AND SKETCH
Temporary; Driveway Restoration Easement
Parcel No, 105 TDRE3
(This is nota Field SUNey)
~~
~
12D
D
12D
I"""""'q,
-
SCALE 1. ~ 120'
DISTRICT SCHOOL
BOARD OF
COLLIER COUNTY
D.R. BOOK 2981
PAGE 2872
P.D.S. =:potNT OF BEGINNING
P.O.C. ~ ;POINT OF COMMENCEMENT
O.R. ~ DFf1CIAL RECORDS
WEST UNE OF SECTION 13
EAST LINE OF S.CTlON 14
N 0011'14" W
DISTRICT SCHOOL
BOARD OF
COLLIER COUNTY
Q.R. BOOK 2981
PAGE 2872
NR<IM&CREED
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94,50'
p.O.B.
SOUTH LINE OF THE
SOUTHWEST QUARTER
OF SECTION 13-48-27
/ (EXISTING CENTER LINE
OF OIL WELL ROAD)
6241 AACWAY
FORT MYERS, FlOAIDA, 330112
PHONE: (239) 275-&75 Fax: (239) 276-7Q2g
FLORlOA. CERTlACATE OF AVTHORlZA110N No. LB fl566
INTERNET SITE: '/-fr"rP-JNofWW.MCKlMCAEED.COM
-
P.O,C,
SW CORNER OF
SECTION 13-48-27
N 00,1'14" W
50.00'
SHEET 2 OF 2
CLIENT: COLUERCO./0H2MHIL.L.
PROJECT: OIL WEll.. ROAD
DATE: APTlL 14, 2007
16
5
.
168 5
EXHIBIT "B"
DESCRIPTION OF ENHANCEMENTS
IN AREA OF CORKSCREW ELEMENTARY SCHOOL, CORKSCREW MIDDLE SCHOOL,
AND PALMETTO RIDGE HIGH SCHOOL
. Deceleration lane added for west bound traffic at East entrance to Corkscrew Middle
School.
. Closed median at East entrance to Corkscrew Middle School with a directional left turn
lane for East bound traffic.
. A second left turn lane added for East bound traffic at main entrance to Corkscrew
Schools.
. Guard rail added on South side of Oil Well Road to protect pedestrians on the
sidewalk.
. Crosswalks will remain in their current locations.
. Mast arms will be added for signage to include "school zone" signs.
. Traffic signal will be added on Immokalee Road to allow residents of Orangetree PUD
to exit and to eliminate co-mingling of school traffic with residential traffic.
. The sidewalk interconnection with Valencia Golf and Country Club and Palmetto
Ridge High School shall not be altered or obstructed to provide continued public
access.
. Oil Well Road will have sidewalks and bike lanes on both sides of the road from
Immokalee Road to Everglades Boulevard thereby increasing biker and pedestrian
access to the school sites.
16B6
THIS DOCUMENT
HAS NOT BEEN
RECEIVED IN THE
CLERK TO THE BOARD
OFFICE
AS OF
February 3, 2009
16B
";T";"]
(
MEMORANDUM
Date:
January 31,2008
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 07-4168
"Fixed Term Professional Environmental Consulting
Services"
Contractor: Scheda Ecological Associates, Inc.
Enclosed please find three (3) original contract documents, as
referenced above, (Agenda Item #16B7), approved by the Board of
County Commissioners on Tuesday, January 29, 2008.
An original has been retained in the Minutes and Records Department
and one has also been sent to the Finance Department.
If you should have any questions, please contact me at 252-7240,
Thank you.
Enclosures (3)
ITEM NO.:
'7 /~
.I.Uc
DATE RECEIVED:
FILE NO.:
, ; ,Crt. ~n.- l,tiC
,;OlJNTY ATTORNE\
ROUTED TO:Og _ fl?:. ...ooa3
ZO!Jll JI\N 30 At; 9: 30
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: January 29, 2008
To: Office of the County Attorney
Attention: Robert Zachary
From: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 2667
Re: Contract: 07-4168 "Fixed Term Professional Environmental
Consulting Services"
Contractor: Scheda Ecological Associates, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 29, 2008; Agenda
Item 16.B.7
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, this is a standard contract with no changes. Please forward to
BCC for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
C: Joe Delate, TECM ~ ~,@
1/~~/ot-~fH
CV~CY
\.-' 1t
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t
MEMORANDUM
TO: Jeff Walker
Risk Management Department
FROM: Rhonda Cummings, CPPB, Contract Specialis
Purchasing Department
DATE: January 29,2008
RE: Review of Insurance for Contract: 07-4168 "Fixed Term
Professional Environmental Consulting Services"
Contractor: Scheda Ecological Associates, Inc.
This Contract was approved by the BCC on January 29, 2008; Agenda Item
16.B.7
Please review the Insurance Certificates for the above-referenced contract
and return to Purchasing when done. Thank you. If you have any questions,
please contact me at extension 8941.
a /~A
~~
-
REC(IVED
JAN 28 2008
IUS/( NAN"ro_,
.-~~N7
dod/RC
C: Joe Delate, TECM
16,
l .
Contract 07-4168
Fixed Term Professional Environmental Consulting Services
FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 2q-tJayof <.J:-t Ml.O. '::1 200~, by
and between the Board of County Commissioners for Collier County, Florida, a political subdivision of
the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and Scheda Ecological
Associates, Inc., authorized to do business in the State of Florida, whose bLlsiness address is 5892
East Fowler Avenue, Tampa, Florida 33617 (hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, it is in the best interests of OWNER to be able to obtain professional
CONSULTANT Environmental Consulting services expeditiously when a need arises in connection
with a Collier County project; and
WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act),
makes provisions for a fixed term contract with a firm to provide professional services to a political
subdivision, SLlch as the County; and
WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of
Section 287.055, Florida Statutes, to provide professional CONSULTANT Environmental
Consulting services on a fixed term basis as directed by OWNER for such projects and tasks as may
be required from time to time by OWNER.
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NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE 1
CONSULTANT'S RESPONSIBILITY
1.1 From time to time upon the written request or direction of OWNER as hereinafter provided,
CONSULTANT shall provide to OWNER professional Environmental Consulting services
(hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services
aLlthorized by written Amendment as hereafter provided.
1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant to
the procedures described herein. The form of the Work Order is set forth in attached Schedule A.
Reference to the term "Work Order" herein, with respect to authorization of Services, includes all
written Amendments or Change Orders to any particular Work Order. CONSULTANT acknowledges
and agrees that each individual Work Order shall not exceed $200,000 unless otherwise approved in
writing by the Board of County Commissioners, and that the total initial compensation for all Work
Orders issLled Linder this Agreement shall not exceed $750,000 annually, L1nless otherwise approved
in writing by the Board of COLlnty Commissioners of Collier COLlnty.
1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order.
CONSULTANT shall not provide any Services to OWNER unless and to the extent they are reqLlired in
a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be
at CONSULTANT'S own risk and OWNER shall have no liability for such Services.
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1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to
the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services,
said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement
with respect to such Services, including, but not limited to the scope, compensation and schedule for
performance of those Services, a Work Order shall be prepared which incorporates the terms of the
understanding reached by the parties with respect to such Services and if both parties are in
agreement therewith, they shall jointly execLlte the Work Order.
1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly
provide the Services required thereby, in accordance with the terms of this Agreement and the subject
Work Order.
1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the
Services shall be determined solely by OWNER and that OWNER does not represent or guarantee
unto CONSULTANT that any specific amount of Services will be requested or required of
CONSULTANT pursuant to this Agreement.
1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this
Agreement or any Work Order, or to obligate OWNER in any manner or way.
1.2.6 All dLlly execLlted Work Orders (inclLlding all written Amendments or Change Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
1.3 The CONSULTANT agrees to obtain and maintain throLlghout the period of this Agreement all
sLlch licenses as are required to do business in the State of Florida and in Collier County, Florida,
including, bLlt not limited to, all licenses required by the respective state boards and other
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governmental agencies responsible for regulating and licensing the professional Services to be
provided and performed by the CONSULTANT pursLlant to this Agreement.
1.4 The CONSULTANT agrees that, when the Services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization or
other form of legal entitlement to practice such Services, it shall employ and/or retain only qualified
personnel to provide such Services to OWNER.
1.5 CONSULTANT hereby designates Sandra M. Scheda Klaus, MS as its Principal in Charge
(hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate
CONSULTANT on all matters arising out of or relating to this Agreement. In each Work Order
CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project
coordinator for the Services to be provided under that Work Order (hereinafter referred to as the
"Project Coordinator"). The Project Coordinator is aLlthorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the Services to
be provided and performed Linder the Work Order. Further, the Project Coordinator has full aLlthority
to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order.
The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge
and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written
approval, and if so removed must be immediately replaced with a person acceptable to OWNER.
1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from
OWNER to promptly remove and replace the Principal in Charge or any Project Coordinator, or any
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other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform any of the Services pursuant to the requirements of this Agreement or any
applicable Work Order, said request may be made with or without cause. Any personnel so removed
must be immediately replaced with a person acceptable to OWNER.
1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type
of professional Environmental Consulting services that will be required under this Agreement. The
CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement
shall be subject to the OWNER'S review and approval and shall be in accordance with the generally
accepted standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies, including the Florida Building Code where applicable, which regulate or have
jurisdiction over the Services to be provided and performed by CONSULTANT hereunder. In the
event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such
conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such
conflict. OWNER'S approval of any design documents in no way relieves CONSULTANT of its
obligation to deliver complete and accurate documents necessary for successful completion of the
Services required under the subject Work Order.
1.8 CONSULTANT agrees not to divulge, furnish or rnake available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper performance of
the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings
where such information has been properly subpoenaed, any non-public information concerning the
Services to be rendered by CONSULTANT hereLlnder, and CONSULTANT shall reqLlire all of its
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employees, agents, subconsultants and subcontractors to comply with the provisions of this
paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be
submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida
State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference
specific established Survey MonLlmentation, such as Certified Section Corners (Half or Quarter
Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic)
GPS Network as provided by OWNER. Information layers shall have common naming conventions
(i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry
standard CAD specifications.
ARTICLE 2
ADDITIONAL SERVICES OF CONSULTANT
If aLlthorized in writing by Owner through an Amendment or Change Order to a Work Order,
CONSULTANT shall furnish or obtain from others Additional Services beyond those Services
originally authorized in the Work Order. The agreed L1pon scope, compensation and schedLlle for
Additional Services shall be set forth in the Amendment or Change Order authorizing those Additional
Services. With respect to the individuals with authority to authorize Additional Services under this
Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at
the time such services are aLlthorized. Except in an emergency endangering life or property, any
Additional Services must be approved in writing via an Amendment or Change Order to the subject
Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional
Services commenced without sLlch express prior written approval. Failure to obtain such prior written
approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
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Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Services originally reqLlired of CONSULTANT under the subject Work Order. If
OWNER determines that a change in a Work Order is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment or Change Order shall be issued to
document the consequences of the changes or variations, provided that CONSULTANT has delivered
written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment
to its compensation or time of performance under the subject Work Order.
ARTICLE 3
OWNER'S RESPONSIBILITIES
3.1 For each Work Order, OWNER shall designate In writing a project manager to act as
OWNER'S representative with respect to the Services to be rendered under the Work Order
(hereinafter referred to as the "Project Manager"). The Project Manager shall have aLlthority to
transmit instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S Services Linder the Work Order. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that wOLlld have
the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
(a) The scope of Services to be provided and performed by the CONSULTANT as
set forth in the Work Order;
(b) The time the CONSULTANT is obligated to commence and complete all such
Services as set forth in the Work Order; or
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(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT as set forth in the Work Order.
3.2 The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER'S
requirements for the Services specified in the Work Order, including design
objectives and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S possession
pertinent to the Services specified in the Work Order, inclLlding existing drawings,
specifications, shop drawings, product literature, previous reports and any other
data relative to the subject Work Order;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the site
(if any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT Linder the subject Work Order; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the
OWNER with respect to the Services to be rendered by CONSULTANT
hereunder.
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ARTICLE 4
TIME
4.1 Attached to each Work Order shall be a computer generated bar graph time schedule
("Schedule") for the performance of the Services required under the subject Work Order. Said
Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by
CONSULTANT shall be commenced, performed and completed in accordance with the Work Order
and the Schedule. Time is of the essence with respect to the performance of the Services under
each Work Order.
4.2 Should CONSULTANT be obstrLlcted or delayed in the prosecution or completion of the
Services as a resLllt of unforeseeable causes beyond the control of CONSULTANT, and not dLle to its
own faLllt or neglect, inclLlding but not restricted to acts of natLlre or of public enemy, acts of
government or of the OWNER, fires, floods, epidemics, quarantine regLllations, strikes or lock-OLltS,
then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement
of sLlch delay, stating the specific cause or causes thereof, or be deemed to have waived any right
which CONSULTANT may have had to request a time extension for that specific delay.
4.3 Unless otherwise expressly provided in the Work Order, no interruption, interference,
inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S Services
from any cause whatsoever, including those for which OWNER may be responsible in whole or in
part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or
additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the
right to seek an extension of time to the Schedule; provided, however, the granting of any sLlch time
extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision.
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This paragraph shall expressly apply to claims for early completion, as well as claims based on late
completion.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the Services
to be provided hereunder in a timely manner, in addition to any other rights or remedies available to
the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all
payments due and owing to the CONSULTANT under this Agreement (inclLlding any and all Work
Orders) L1ntil such time as the CONSULTANT resumes performance of its obligations hereLlnder in
such a manner so as to reasonably establish to the OWNER'S satisfaction that the CONSULTANT'S
performance is or will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing
Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any
other damages hereunder.
4.6 The period of service shall be from the date of execLltion of this Agreement throLlgh one (1)
year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of
the Agreement period have been completed. This Agreement may be renewed for an additional three
(3) years, renewable annually. Any such annLlal renewal shall be agreed to, in writing, by both
parties.
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ARTICLE 5
COMPENSATION
5.1 Compensation and the manner of payment of such compensation by the OWNER for Services
rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. CONSULTANT
agrees to fumish to OWNER, after the end of each calendar month, or as specified in the Work
Order, a comprehensive and itemized statement of charges for the Services performed and rendered
by CONSULTANT during that time period, and for any OWNER authorized reimbLlrsable expenses as
herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly
statement shall be in such form and supported by such documentation as may be required by
OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the
Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if
any).
5.2 The compensation (whether based upon a negotiated lump SLIm, time and materials, hourly
with a cap or some other agreed to format) contained in each separate Work Order shall be based on
the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time
reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule
may be updated by mutual agreement on an annual basis, in conjLlnction with the annLlal renewal of
this Agreement provided for in paragraph 4.6 above, as directed by OWNER.
5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable
reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S
performance of the Services, at its direct cost with no markLlp, to the extent such reimbursement is
permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below.
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5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as follows:
5.2.2.1. Expenses of transportation and living when traveling in connection with each
Work Order, except for local travel within Collier or Lee Counties, as provided
in Section 112.061, F.S., and all Contract-related mileage for trips that are
from/to destinations outside of Collier or Lee Counties approved by OWNER.
5.2.2.2
Expenses for reproducing documents that exceed the number of
docLlments described in this Agreement and postage and handling of Drawings and
Specifications, including duplicate sets at the completion of each Work Order for the
OWNER'S review and approval.
5.2.2.3.
Expense of overtime work requiring higher than regular rates approved in
advance and in writing by OWNER.
5.2.2.4.
Expense of models for the OWNER'S Lise.
5.2.2.5
Fees paid for securing approval of aLlthorities having jurisdiction over the
Work Order required Linder the applicable Work Order.
5.2.2.6
Other items on request and approved in writing by the OWNER.
5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of
the aforesaid reimbLlrsable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbLlrsable expense.
5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for aLlthorized
reimbLlrsable expenses, incLlrred by CONSULTANT in the performance of the Services.
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5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that
CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and
the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the
estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services
to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly
supply such estimate to OWNER based on CONSULTANT'S good faith analysis.
5.5 CONSULTANT agrees that, with respect to any sLlbconsultant or subcontractor to be utilized
by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximLlm
markup of five percent (5%) on the fees and expenses associated with such subconsultants and
subcontractors.
5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work
Order shall be made L1pon presentation of the CONSULTANT'S itemized invoice approved by
OWNER.
5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accoLlnting basis.
ARTICLE 6
OWNERSHIP OF DOCUMENTS
6.1 Upon the completion or termination of each Work Order, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, ALlto CADD files, specifications, maps, evaluations, reports and other technical
data, other than working papers, prepared or developed by or for CONSULTANT Linder the applicable
Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such
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Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible
for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own
expense, may retain copies of the Project Documents for its files and internal use.
6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to
pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable
authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to
grant this license to OWNER. Further, CONSULTANT consents to OWNER'S Lise of the Project
DocLlments to complete the subject project or task following CONSULTANT'S termination for any
reason or to perform additions to or remodeling, replacement or renovations of the subject project or
task. CONSULTANT also acknowledges OWNER may be making Project Documents available for
review and information to various third parties and hereby consents to such use by OWNER.
ARTICLE 7
MAINTENANCE OF RECORDS
7.1 CONSULTANT will keep adequate records and supporting documentation which concern or
reflect the Services hereunder. The records and documentation will be retained by CONSULTANT
for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the
Work Order is completed, whichever is later, or such later date as may be required by law. OWNER,
or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to
aLldit, inspect and copy all such records and documentation as often as they deem necessary during
the period of this Agreement and during the five (5) year period noted above, or such later date as
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may be required by law; provided, however, such activity shall be conducted only during normal
bLlsiness hours.
7.2 The records specified above in paragraph 7.1 include accurate time records, which
CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each
principal and employee of CONSULTANT in performing the Services and therein specifying the
services performed by each, with all sLlch time records to be kept within one-half of an hour. At the
request of OWNER, or as specified in the Work Order, CONSULTANT shall fLlrnish to OWNER any of
the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or
payment of any reimbursable expenses.
ARTICLE 8
INDEMNIFICATION
8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless
OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caLlsed by the
negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or
L1tilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation
shall not be constrLled to negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph 8.1.
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ARTICLE 9
INSURANCE
9.1 CONSULTANT shall obtain and carry, at all times during its performance Linder the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in
Schedule C to this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the State
of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
9.3.1 All insurance policies, other than the Business ALltomobile policy, Professional Liability
policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of
this Agreement shall name Collier County Board of County Commissioners, Collier COLlnty, Florida, as
an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a
severability of interests provisions.
9.3.2 Companies issLling the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any dedLlctibles which all are at the sole
responsibility and risk of CONSU L T ANT.
9.3.3 All insLlrance coverages of CONSULTANT shall be primary to any insurance or self-
insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained
by CONSULTANT shall not apply to any insurance or self-insLlrance program carried by OWNER.
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9.3.4 The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.0. form with no limiting endorsements, must reference and identify this
Agreement.
9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
9.4 CONSULTANT, its subconsLlltants and OWNER shall waive all rights against each other for
damages covered by insurance to the extent insurance proceeds are paid and received by OWNER,
except such rights as they may have to the proceeds of sLlch insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insLlrance policies required
hereunder must meet the following minimum requirements:
9.5.1 The insurance company mLlst be duly licensed and aLlthorized by the Department of
InsLlrance of the State of Florida to transact the appropriate insLlrance business in the State of Florida.
9.5.2 The insurance company mLlst have a current A. M. Best financial rating of "Class VI"
or higher.
ARTICLE 10
SERVICES BY CONSULT ANT'S OWN STAFF
10.1 The Services to be performed hereLlnder shall be performed by CONSULTANT'S own staff,
L1nless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of
the services of any other person or firm by CONSULTANT, as independent consLlltant or otherwise,
shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall,
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however, be construed as constituting an agreement between the OWNER and any such other
person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third
party any claim or right of action against the OWNER beyond such as may then otherwise exist
without regard to this Agreement.
10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel
CONSULTANT intends to assign to perform the Services required under that Work Order. Such
personnel shall be committed to the project or task specified in the Work Order in accordance with the
percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each
sLlbconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All
personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or
replaced without OWNER'S prior written consent.
1 0.3 CONSULTANT is liable for all the acts or omissions of its sLlbconsLlltants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to
be bound to the CONSULTANT by the terms of this Agreement and any subsequently issued Work
Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the
CONSULTANT, by this Agreement and any subsequently issLled Work Order, assLlmes toward the
OWNER. Each subconsultant or sLlbcontract agreement shall preserve and protect the rights of the
OWNER under this Agreement, and any subsequently issued Work Order, with respect to the
Services to be performed by the subconsultant or subcontractor so that the subconsulting or
subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall
require each subconsultant or subcontractor to enter into similar agreements with its sub-
subconsLlltants or sub-subcontractors.
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1 0.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each
contract entered into between CONSULTANT and each subconsLlltant or sLlbcontractor, however
nothing in this Agreement shall be construed to create any contractLlal relationship between OWNER
and any subconsultant or subcontractor.
ARTICLE 11
WAIVER OF CLAIMS
11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall
constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it
against OWNER arising OLlt of the Work Order or otherwise related to those Services, and except
those previously made in writing in accordance with the terms of this Agreement and identified by
CONSULTANT in its final invoice for the subject Work Order as unsettled. Neither the acceptance of
CONSULTANT'S Services nor payment by OWNER shall be deemed to be a waiver of any of
OWNER'S rights against CONSULTANT.
ARTICLE 12
TERMINATION OR SUSPENSION
12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is
agreed that either party hereto shall at any and all times have the right and option to terminate this
Agreement by giving to the other party not less than thirty (30) days prior written notice of such
termination. Upon this Agreement being so terminated by either party hereto, neither party hereto
shall have any fLlrther rights or obligations Linder this Agreement subsequent to the date of
termination, except that Services specified to be performed under a previoLlsly issued Work Order,
shall proceed to completion under the terms of this Agreement.
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12.2 CONSULTANT shall be considered in material default of this Agreement and such default will
be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in
whole or in part, as further set forth in this section, for any of the following reasons: (a)
CONSULTANT'S failure to begin Services under any particular Work Order within the times specified
Linder that Work Order, or (b) CONSULTANT'S failure to properly and timely perform the Services to
be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general
assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals,
officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of
this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so
terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the
CONSULTANT seven (7) calendar days written notice of the material defaLlIt.
12.3 If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is
determined for any reason that CONSULTANT was not in default, or that its default was excusable, or
that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in
paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to
be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies
against OWNER shall be the same as and be limited to those afforded CONSULTANT Linder
paragraph 12.4 below.
12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in
whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the
event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be
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limited to that portion of the fee earned through the date of termination, for any Work Orders so
cancelled, together with any retainage withheld and any costs reasonably incurred by CONSULTANT
that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or
further recovery against OWNER, including, but not limited to, anticipated fees or profits on Services
not required to be performed. CONSULTANT mLlst mitigate all such costs to the greatest extent
reasonably possible.
12.5 Upon termination and as directed by OWNER, the CONSULTANT shall deliver to the OWNER
all original papers, records, documents, drawings, models, and other material set forth and described
in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or
under its control arising OLlt of or relating to this Agreement or any Work Orders.
12.6 The OWNER shall have the power to suspend all or any portions of the Services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written
notice of sLlch suspension. If all or any portion of the Services to be rendered hereunder are so
suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to
its schedule in accordance with the procedLlres set forth in Article Four herein.
12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-
five (45) days after such payment is due as set forth in the Work Order or such other time as reqLlired
by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material
obligation owed by OWNER to CONSULTANT Linder this Agreement or sLlbsequently issued Work
Order, and (ii) OWNER has failed to cLlre SLlch defaLllt within fourteen (14) days of receiving written
notice of same from CONSULTANT, then CONSULTANT may stop its performance Linder the sLlbject
Work Order until such default is cured, after giving OWNER a second fourteen (14) days written
21
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notice of CONSULTANT'S intention to stop performance under the applicable Work Order. If the
Services are so stopped for a period of one hundred and twenty (120) consecutive days through no
act or faLllt of the CONSULTANT or its subconsultant or sLlbcontractor or their agents or employees
or any other persons performing portions of the Services under contract with the CONSULTANT, the
CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of
CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within
fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, L1pon
fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and
recover from the Owner payment for Services performed through the termination date, but in no event
shall CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE 13
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individLlal or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement or any subsequent Work Order.
13.2 In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT
agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated
herein as Schedule D, certifying that wage rates and other factual unit costs supporting the
22
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compensation for CONSULTANT'S services to be provided under this Agreement and each
subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the
Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set
forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to
exclude any significant sums by which the OWNER determines the price as set forth in the Work
Order was increased dLle to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of the subject Work
Order.
ARTICLE 14
CONFLICT OF INTEREST
14.1 CONSULTANT represents that it presently has no interest and shall acqLlire no interest, either
direct or indirect, which would conflict in any manner with the performance of Services reqLlired
hereunder. CONSULTANT further represents that no persons having any such interest shall be
employed to perform those Services.
ARTICLE 15
MODIFICATION
15.1 No modification or change in this Agreement shall be valid or binding upon either party unless
in writing and executed by the party or parties intended to be bOLlnd by it.
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ARTICLE 16
NOTICES AND ADDRESS OF RECORD
16.1 All notices required or made pursuant to this Agreement to be given by the CONSULTANT to
the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal
Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S
address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, PLlrchasing Building
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Stephen Y. Carnell, Purchasing/GS Director
Fax: 239-732-0844
16.2 All notices required or made pLlrsLlant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
Scheda Ecological Associates, Inc.
6151 Lake Osprey, Suite 324
Sarasota, FL 34240
Telephone: 941/373-1547
Fax: 941/373-1401
Attn: Sandra M. Scheda KlaLls, MS, President
Either party may change its address of record by written notice to the other party given in accordance
with requirements of this Article.
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ARTICLE 17
MISCELLANEOUS
17.1 CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2 No modification, waiver, suspension or termination of the Agreement or of any terms thereof
shall impair the rights or liabilities of either party.
17.3 This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4 Waivers by either party of a breach of any provision of this Agreement shall not be deemed to
be a waiver of any other breach and shall not be construed to be a modification of the terms of this
Agreement.
17.5 The headings of the Articles, SchedLlles, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in sLlch Articles, SchedLlles, Parts and Attachments.
17.6 This Agreement, including the referenced Schedules and Attachments hereto, constitutes the
entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior
agreements or understandings, written or oral, relating to the matter set forth herein, and any sLlch
prior agreements or L1nderstanding shall have no force or effect whatever on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall
survive the expiration or termination of this Agreement.
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17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall
be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following SchedLlles attached hereto are by this reference
incorporated herein:
Schedule A WORK ORDER FORM
Schedule B RATE SCHEDULE
Schedule C INSURANCE COVERAGE
Schedule D TRUTH IN NEGOTIATION CERTIFICATE
ARTICLE 18
APPLICABLE LAW
18.1 This Agreement shall be governed by the laws, rules, and regLllations of the State of Florida,
and by sLlch laws, rules and regulations of the United States as made applicable to Services fLlnded
by the United States government. Any suit or action brought by either party to this Agreement against
the other party relating to or arising out of this Agreement must be brought in the appropriate federal
or state COLlrtS in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 19
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
26
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f
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resLllting from the award
or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and
deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and
made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each
subsequently issLled Work Order, if any, shall be adjusted to exclLlde any sums by which OWNER
determines the compensation was increased dLle to inaccLlrate, incomplete, or noncurrent wage rates
and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by
OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which
read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a pLlblic entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a
public entity for the constrLlction or repair of a public building or pLlblic
work; may not submit bids, proposals, or replies on leases of real property
to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consLlltant Linder a contract with any public
entity; and may not transact business with any public entity in excess of
the threshold amoLlnt provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted
vendor list."
ARTICLE 20
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full
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decision-making authority and by OWNER'S staff person who would make the presentation of any
settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising OLlt of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who would make
the presentation of any settlement reached at mediation to OWNER'S board for approval. Should
either party fail to sLlbmit to mediation as required hereLlnder, the other party may obtain a court order
requiring mediation under section 44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement mLlst be brought in the appropriate federal or state courts in Collier
COLlnty, Florida, which courts have sole and exclusive jLlrisdiction on all such matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the Consultant is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended. FailLlre by the ConsLlltant to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the discretion
to unilaterally terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Environmental Consulting Services the day and year first written above.
ATTEST:
BOARD OF COUNTY
COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E: Brock, Clerk
BY:~V~
M:~at~:~nwt ,
si;J>'~~ (<<t11~
By. -i--~~
' Chairma
Approved as to form and
legal sufficiency: ~
~~'
Assis n 0 y Attorney
Scheda Ecoloaical Associates, Inc.
11o..vpl'-- Lh,~CL<.--.t
Witn'7~s " \ I ' ~- "\
h,(lti-fir\ ,litU-:~
Typed Name and Title
, i, I ^ ' ? J1 '1. '
Witn~ssLr.u'N ,(,1..4 ,,4", ~ (I'
f) " Ct J, I If) (' J\,?u t,(~l'; &;~ (' (' (..,
Typed Name and Title /
(', .,,' v
By: i ill .. (1,1/1 ieJ-:t ldA /. L!'l ,1/1
(; . t' '"
,'(\ n(I,,;,,)!, hUll (VI",,,
Typed Name and Title
,
V.,. ,.j. ,,'r'
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SCHEDULE A
WORK ORDER #
Agreement for title of contract, Dated:
,200
(RFP/Bid 00-0000)
This Work Order is for professional describe services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work
Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to:
name of firm.
Scope of Work: As detailed in the attached proposal and the following:
* Task I
* Task II
* Task III
Schedule of Work: Compiete work within _days from receipt of the Notice to Proceed which is accompanying this
Work Order.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance
with the following method(s): _Negotiated LLlmp Sum _Lump Sum Plus Reimbursable Costs _Time &
Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define
which method will be L1sed for which tasks)
Task I
Task II
Task III
$
$
$
$
TOTAL FEE
Any change made subsequent to final department approval will be considered an additional service and charged
according to Schedule "A" of the original Contract Agreement.
PREPARED BY:
name and title
Date
APPROVED BY:
Department Director, Department Name
Date
APPROVED BY:
Division Administrator, Division
Date
ACCEPTED BY: Company name
Signature of Authorized Company Officer
Date
Type or Print Name and Title
^-1
SCHEDULE B
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07-4168 Fixed Term Professional Environmental ConsultinQ Services
RATE SCHEDULE
Professional
Principal
Project Manager
Typical Industry
Designations
Project Principal
GIS Specialist
Ecologist, Permitting
Specialist
Ecologist
Senior Scientist
Scientist
Environmental Technician
GIS Analyst
ALltoCAD
Expert Witness
Administrative Assistant
Clerical
Rate
$170.00/hr
$115.00/hr
$105.00/hr
$ 85.00/hr
$ 65.00/hr
$ 70.00/hr
$ 65.00/hr
$160.00/hr
$52.00/hr
This list is not intended to be all inclLlsive. Hourly rate fees for other categories of
professional, support and other services shall be mLltually negotiated by the COLlnty and
firm on a project by project basis as needed.
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SCHEDULE C
INSURANCE COVERAGE
(1) The amounts and types of insLlrance coverage shall conform to the
following minimum requirements with the use of Insurance Services Office (ISO) forms
and endorsements or their equivalents. If CONSULTANT has any self-insured
retentions or deductibles under any of the below listed minimum required coverages,
CONSULTANT must identify on the Certificate of Insurance the nature and amount of
such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be
CONSULTANT'S sole responsibility.
(2) The insLlrance required by this Agreement shall be written for not less than
the limits specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of
commencement of the Services until the date of completion of all Services required
hereunder or as specified in this Agreement, whichever is longer.
(4) SimultaneoLlsly with the execution and delivery of this Agreement by
CONSULTANT, CONSULTANT has delivered properly executed Certificates of
insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT
has acquired and put in place the insurance coverages and limits reqLlired hereunder.
In addition, certified, true and exact copies of all insLlrance polices required shall be
provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or
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allowed to expire until at least thirty (30) days prior written notice has been given to the
OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four
(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverages or limits received by CONSULTANT from its insurer, and
nothing contained herein shall relieve CONSULTANT of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by
CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any
insurance or self insurance program carried by the OWNER applicable to this
Agreement.
(6) The acceptance by OWNER of any Certificate of Insurance pursuant to
the terms of this Agreement does not constitLlte approval or agreement by the OWNER
that the insurance requirements have been satisfied or that the insurance policy shown
on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(7) CONSULTANT shall require each of its sLlbconsultants to procLlre and
maintain, L1ntil the completion of the sLlbconsultant's services, insLlrance of the types
and to the limits specified in this Section except to the extent sLlch insurance
requirements for the subconsultant are expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insLlrance
coverages required herein, the OWNER may terminate the Agreement and any Work
Orders issued pursLlant to the Agreement or at its sole discretion shall be authorized to
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purchase such coverages and charge the CONSULTANT for such coverages
purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30)
days after demand, OWNER has the right to offset these costs from any amount dLle
CONSULTANT under this Agreement or any other agreement between OWNER and
CONSULTANT. The OWNER shall be under no obligation to pLlrchase SLlch insurance,
nor shall it be responsible for the coverages purchased or the insurance company or
companies used. The decision of the OWNER to purchase such insLlrance coverages
shall in no way be construed to be a waiver of any of its rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires
prior to the completion of the Services required hereunder or termination of the
Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, in
triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3)
business days after the renewal of the policy(ies). Failure of the Contractor to provide
the OWNER with such renewal certificate(s) shall be deemed a material breach by
CONSULTANT and OWNER may terminate the Agreement or any subsequently issLled
Work Order for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
ReqLlired by this Agreement? X
Yes
No
(1) Workers' Compensation and Employers' Liability Insurance shall be
maintained by the CONSULTANT during the term of this Agreement for all employees
engaged in the work under this Agreement in accordance with the laws of the State of
Florida. The amounts of such insurance shall not be less than:
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a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $500,000 Each Accident
$500,000 Disease Aggregate
$500,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER
and the policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
_ Applicable X Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
_ Applicable
X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes No
(5) Commercial General Liability Insurance, written on an "occurrence" basis,
shall be maintained by the CONSULTANT. Coverage will include, but not be limited to,
Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this
Agreement, Independent Contractors, Broad Form Property Damage including
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Completed Operations and Products and Completed Operations Coverage. Products
and Completed Operations coverage shall be maintained for a period of not less than
five (5) years following the completion and acceptance by the OWNER of the work
under this Agreement. Limits of Liability shall not be less than the following:
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
X General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(6) The General Aggregate Limit shall apply separately to this Project and the
policy shall be endorsed using the following endorsement wording. "This endorsement
modifies insurance provided Linder the following: Commercial General Liability
Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies
separately to each of your projects away from premises owned by or rented to you."
Applicable dedLlctibles or self-insured retentions shall be the sole responsibility of
CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT
shall be subject to the approval of the Risk Management Director or its designee.
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(7) The OWNER shall be named as an Additional Insured and the policy shall
be endorsed that such coverage shall be primary to any similar coverage carried by the
OWNER.
(8) Coverage shall be included for explosion, collapse or underground
property damage claims.
(9) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than the Commercial General Liability limit
shown in subparagraph (1) above if applicable to the completion of the Services under
this Agreement.
_ Applicable X Not Applicable
(10) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than $5,000,000 each occLlrrence if applicable
to the completion of the Services under this Agreement.
_ Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
(11) Automobile Liability Insurance shall be maintained by the CONSULTANT
for the ownership, maintenance or use of any owned, non-owned or hired vehicle with
limits of not less than:
X Bodily Injury & Property Damage - $ 500,000
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Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(12) Umbrella Liability may be maintained as part of the liability insurance of
the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability,
Commercial General Liability, and Automobile Liability coverages required herein and
shall include all coverages on a "following form" basis.
(13) The policy shall contain wording to the effect that, in the event of the
exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will
"drop down" to apply as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? X Yes No
(14) Professional Liability Insurance shall be maintained by the CONSULTANT
to insure its legal liability for claims arising OLlt of the performance of professional
services under this Agreement. CONSULTANT waives its right of recover against
OWNER as to any claims under this insurance. SLlch insurance shall have limits of not
less than:
_ $ 500,000 each claim and in the aggregate
X $1,000,000 each claim and in the aggregate
_ $2,000,000 each claim and in the aggregate
_ $5,000,000 each claim and in the aggregate
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(15) Any deductible applicable to any claim shall be the sole responsibility of
the CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(16) The CONSULTANT shall continue this coverage for a period of not less
than five (5) years following completion of all Services authorized under this Agreement.
(17) The policy retroactive date will always be prior to the date services were
first performed by CONSULTANT or OWNER under this Agreement, and the date will
not be moved forward dLlring the term of this Agreement and for five years thereafter.
CONSULTANT shall promptly submit Certificates of InsLlrance providing for an
unqualified written notice to OWNER of any cancellation of coverage or reduction in
limits, other than the application of the aggregate limits provision. In addition,
CONSULTANT shall also notify OWNER by certified mail, within twenty-foLlr (24) hours
after receipt, of any notices of expiration, cancellation, non-renewal or material change
in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy,
CONSULTANT shall immediately take steps to have the aggregate limit reinstated to
the fLlII extent permitted under such policy. CONSULTANT shall promptly sLlbmit a
certified, trLle copy of the policy and any endorsements issLled or to be issued on the
policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(18) In the sole discretion of the County, on a work order by work order basis,
CONSULTANT may be required to purchase valuable papers and records coverage for
plans, specifications, drawings, reports, maps, books, blueprints, and other printed
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documents in an amount sufficient to cover the cost of recreating or reconstructing
valuable papers or records L1tilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(19) If OWNER notifies CONSULTANT that a project professional liability
policy will be purchased, then CONSULTANT agrees to use its best efforts in
cooperation with OWNER and OWNER'S insurance representative, to pursue the
maximum credit available from the professional liability carrier for a reduction in the
premium of CONSULTANT'S professional liability policy. If no credit is available from
CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to
pursue the maximum credit available on the next renewal policy, if a renewal occurs
dLlring the term of the project policy (and on any sLlbsequent professional liability
policies that renew during the term of the project policy). CONSULTANT agrees that
any SLlch credit will fully accrLle to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of
OWNER for the provision of project-specific professional liability insurance policy in
consideration for a reduction in CONSULTANT'S self-insured retention and the risk of
uninsured or underinsured consultants.
(20) CONSULTANT agrees to provide the following information when
requested by OWNER or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. CLlrrent underwriter.
C-9
16B 7
e. Amount (in both dollars and percent) the undelWriter will give as a credit if
the policy is replaced by an individLlal project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and
omissions application.
(21) If OWNER elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and OWNER will provide professional
liability insurance, naming CONSULTANT and its professional subconsultants as
named insureds.
C-10
PROOUCER (813)282-1965
Lassiter-Ware Insurance
5600 Mariner Street
Suite 215
Tampa, FL 33609
INSURED Scheda Ecological Associates,
5892 E. Fowler Avenue
Tampa, FL 33617
FAX (888)883-8680
DATE (MM/DDfYYYY)
01/07/2008
THIS CERTIFICATE IS ISSUEO AS A MAHER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ACORQ.
CERTIFICATE OF LIABILITY INSURANC
Inc,
INSURERS AFFORDING COVERAGE
INSURER A: American Casualty Co-Reading
INSURER B" Ohio Casua 1 ty Insurance CO.
INSURERC: American Safety Ins Svcs, Inc.
INSURER D
INSURER E"
NAIC#
20427
24074
cnVERAGE"
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABQVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO Vv'HICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCEAFFQRDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~: ~R,~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE PRi~: EXPIRATION LIMITS
GENERAL LIABILITY 1073791205 04/21/2007 04/21/2008 EACH OCCURRENCE $ 1,000,00
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,00
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person} $ 10,00
A I- PERSONAL & ADV INJURY $ 1,000,00
I- GENERAL AGGREGATE $ 2,000,00
h'L AGG~EmEfLlMIT APPLIES PER: PRODUCTS.COM~OPAGG $ 2,000,00
X PRO- n
POLICY JECr LOC
~TOMOBllE LIABILITY 1073791205 04/21/2007 04/21/2008 COMBINED SINGLE LIMIT
(Eaaccident) $
ANY AUTO 1,000,00
f-
f- ALL OWNED AUTOS BODILY INJURY
(Per person) $
A 'x SCHEDULED AUTOS
HtREDAUTOS BODILY INJURY
-i (Per accident} $
-'-'- NON-OII\INEO AUTOS
~ PROPERTY DAMAGE $
(Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
~~SS1UMBRELLA LIABILITY UU082959245 04/21/2007 04/21/2008 EACH OCCURRENCE $ 1,000,00
X OCCUR 0 CLAIMS MADE FOLLOW FORM AGGREGATE . 1,000,00
B $
;1 ~EDUCTlBLE $
X RETENTION $ ( .
WORKERS COMPENSATION AND we STATU- IOJ,tI-
EMPLOYERS' LIABILITY E,L. EACH ACCIDENT $
ANY PROPRIETORlPARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED? E,L. DISEASE" EA EMPLOYEE $
~~~C:I~Ls~~6V1~~~~s below E.L, DISEASE - POLICY LIMIT $
~~~essional Liability MPL016408-07-01 OS/21/2007 OS/21/2008 General Aggregate: $1,000,000
C Each Occurence: $1,000,000
Per Claim Deductible: $2,500
~EESCRIPTlON OF OPERATIONS J LOCATIONS I VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
e: Fixed Term Professional Environmental Consulting Services; Contract 07-4168; Scheda
Project No, 001173,30,C
roIlier County Government is named as an Additional Insured under the terms and conditions of the
General Liability with respect to work performed by the named insured as required by written contract.
*Except ten (10) days notice for non-payment of premium,
CERTIFICATE HOLDER CANCELLA TlnN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER Will ENDEAVOR TO MAIL
30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT,
Collier County Government BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
3301 East Tamiami Trail OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Naples, FL 34112 AUTHORIZED REPRESENTATIVE - -.A -< .
Dana Snvder/WENDYT 7
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
16rJ
; (,
7~
IMPORTANT
If the certificate holder is an ADOITIONAL INSURED, the policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
If SUBROGATION IS WAIVEO, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s),
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negativeiy amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
lL'P 7
0.,-"
SCHEDULE D
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section
287.055, Florida StatLltes, Scheda Ecological Associates, Inc. hereby certifies that
wages, rates and other factual unit costs supporting the compensation for the services
of the CONSULTANT to be provided under the Professional Services Agreement,
concerning 07-4168 "Professional Environmental Consulting Services" are
accurate, complete and cLlrrent as of the time of contracting.
Scheda Ecological Associates, Inc.
BY: (b AI c-R (Ai (JrJ!, {J~A lCiJ41U4-
TITLE: pre SLrt.e.J
DATE: 1- 3- O?
D-1
--
1 6 a <f71;
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. :\(t:H:h 10 original document. Orig.inal dOl'lllllCllts should be hanu deliVlTcfllo the Board Office. rile completed routing slip and original
rlocu11lcnls are 10 he forwarded to the noun] ()ffice only liner Ihe Iloanl has lakl:11 <Jdio!l olllhc item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chainnan's signature, dmw a line through routinlJ lines # I thrOlwh #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routim! order)
1.
2.
3.
4. Colleen M. Greene Assistant County Attorney CMG 01/31/2008
5. Sue Filson, Executive Manager Board of County CommissioTIers
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The prirnary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the
executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional
or missing information. All original documents needing the Bee Chaimlan's signature arc to be delivered to the BCe office only after the Bee has acted to
approve the item.)
Name of Primary Rhonda Cummings, CCPB, Contract Specialist Phone Number 774-2667
Staff Contact Purchasing Department
Agenda Date Item was January 29, 2008 Agenda Item 16,B,7
Approved by the BCC Number
Type of Document Contract: #07-4168 "Fixed Term Professional Number of Original Five (5)
Attached Environmental Consulting Services" Contractor: Documents
Johnson Ene:ineerine:, Inc. Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not
aooronriate. (Initial) Aoolicable)
I. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and oossiblv State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the CMG
document or the final ne~otiated contract date whichever is aoolicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG
sicnature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip CMG
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware ofvour deadlines!
6. The document was approved by the BCC on Januarv 29, 2008 (enter date) and all CMG
changes made during the meeting have been incorporated in the attached document,
The County Attornev's Office has reviewed the chan~es, if aoolicable,
I: Forms! County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16B~1
MEMORANDUM
Date:
February 1,2008
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 07-4168
"Fixed Term Professional Environmental Consulting
Services"
Contractor: Johnson Engineering, Inc.
Enclosed please find three (3) original contract documents, as
referenced above, (Agenda Item #16B7), approved by the Board of
County Commissioners on Tuesday, January 29, 2008.
An original has been retained in the Minutes and Records Department
and one has also been sent to the Finance Department.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosures (3)
MEMORANDUM
Ihq 7'
TO: Jeff Walker
Risk Management Department
FROM: Rhonda Cummings, CPPB, Contract Specialis
Purchasing Department
DATE: January 29,2008
RE: Review of Insurance for Contract: 07-4168 "Fixed Term
Professional Environmental Consulting Services"
Contractor: Johnson Engineering, Inc.
This Contract was approved by the BCC on January 29, 2008; Agenda Item
16.B.7
Please review the Insurance Certificates for the above-referenced contract
and return to Purchasing when done. Thank you. If you have any questions,
please contact me at extension 8941.
i
I/;A(I
DATt D,.
"l:.CtrVED
JA.N 28 2008
RISI( M.~...
'~GE"'EN7
dod/RC
C: Joe Delate, TECM
IH- -
ITEM NO.:
DITO 9=c~~
FILE NO.:
ROUTED TO: of{ - P RC- 00 ~ 3 ?--
REQUEST FOR LEGAL SERVICES
S
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(;cfU
DO NOT WRITE ABOVE THIS LINE
Date: January 29, 2008
From:
Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 2667
~
$
'-
".
-z;
c.,)
c:>
Re:
Contract: 07-4168 "Fixed Term Professional Environmental
Consulting Services"
Contractor: Johnson Engineering, Inc.
'1:'"
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To:
Office of the County Attorney 11/. A .. q..(, .. ,_ -/
Attention: ~~, tJ-~ ~
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 29, 2008; Agenda
Item 16.B.7
Contract review and approval.
rr
I
This item has not been previously submitted.
ACTION REQUESTED:
OTHER COMMENTS:
Robert, this is a standard contract with no changes. lease forward t
BCC for signature after approval. If there are any questi ns concerning the
document, please contact me. Purchasing would apprecia notification whe
the documents exit your office. Thank you.
C: Joe Delate,,\ECM ~~.@
1/3DIOg-~TfPf
1 6 B h'~7 ,.
Contract 07-4168
Fixed Term Professional Environmental Consulting Services
FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this2-qtl'day of c..lctt'lu..t\."'-j 200~, by
and between the Board of County Commissioners for Collier County, Florida, a political subdivision of
the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and Johnson
Engineering, Inc., authorized to do business in the State of Florida, whose business address is 2158
Johnson Street, Fort Myers, FL 33901 (hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, it is in the best interests of OWNER to be able to obtain professional
CONSULTANT Environmental Consulting services expeditiously when a need arises in connection
with a Collier County project; and
WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act),
makes provisions for a fixed term contract with a firm to provide professional services to a political
subdivision, sLlch as the County; and
WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of
Section 287.055, Florida StatLltes, to provide professional CONSULTANT Environmental
Consulting services on a fixed term basis as directed by OWNER for such projects and tasks as may
be required from time to time by OWNER.
16 B"~7 "'.
NOW, THEREFORE, in consideration of the mLltLlal covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE 1
CONSULTANT'S RESPONSIBILITY
1.1 From time to time upon the written request or direction of OWNER as hereinafter provided,
CONSULTANT shall provide to OWNER professional Environmental Consulting services
(hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services
authorized by written Amendment as hereafter provided.
1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant to
the procedures described herein. The form of the Work Order is set forth in attached Schedule A.
Reference to the term "Work Order" herein, with respect to authorization of Services, includes all
written Amendments or Change Orders to any particular Work Order. CONSULTANT acknowledges
and agrees that each individLlal Work Order shall not exceed $200,000 unless otherwise approved in
writing by the Board of County Commissioners, and that the total initial compensation for all Work
Orders issued Linder this Agreement shall not exceed $750,000 annually, L1nless otherwise approved
in writing by the Board of County Commissioners of Collier County.
1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order.
CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in
a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be
at CONSULTANT'S own risk and OWNER shall have no liability for such Services.
2
I' -.-.-.-__,___.._
168 711
1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursLlant to
the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services,
said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement
with respect to such Services, including, but not limited to the scope, compensation and schedule for
performance of those Services, a Work Order shall be prepared which incorporates the terms of the
understanding reached by the parties with respect to such Services and if both parties are in
agreement therewith, they shall jointly execute the Work Order.
1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly
provide the Services required thereby, in accordance with the terms of this Agreement and the subject
Work Order.
1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the
Services shall be determined solely by OWNER and that OWNER does not represent or guarantee
unto CONSULTANT that any specific amount of Services will be requested or required of
CONSULTANT pursLlant to this Agreement.
1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER Linder this
Agreement or any Work Order, or to obligate OWNER in any manner or way.
1.2.6 All duly executed Work Orders (inclLlding all written Amendments or Change Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
1.3 The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all
sLlch licenses as are required to do business in the State of Florida and in Collier County, Florida,
including, but not limited to, all licenses reqLlired by the respective state boards and other
3
1697'
governmental agencies responsible for regulating and licensing the professional Services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.4 The CONSULTANT agrees that, when the Services to be provided hereunder relate to a
professional service which, under Florida StatLltes, requires a license, certificate of authorization or
other form of legal entitlement to practice such Services, it shall employ and/or retain only qualified
personnel to provide such Services to OWNER.
1.5 CONSULTANT hereby designates Andrew D. Tilton, P.E. as its Principal in Charge
(hereinafter referred to as the "Principal in Charge") with fLlII authority to bind and obligate
CONSULTANT on all matters arising OLlt of or relating to this Agreement. In each Work Order
CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project
coordinator for the Services to be provided under that Work Order (hereinafter referred to as the
"Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the Services to
be provided and performed under the Work Order. Further, the Project Coordinator has fLlII authority
to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order.
The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge
and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written
approval, and if so removed mLlst be immediately replaced with a person acceptable to OWNER.
1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from
OWNER to promptly remove and replace the Principal in Charge or any Project Coordinator, or any
4
16B'?~
other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any sLlch subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform any of the Services pursuant to the requirements of this Agreement or any
applicable Work Order, said request may be made with or without cause. Any personnel so removed
must be immediately replaced with a person acceptable to OWNER.
1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type
of professional Environmental Consulting services that will be required under this Agreement. The
CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement
shall be subject to the OWNER'S review and approval and shall be in accordance with the generally
accepted standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies, including the Florida Building Code where applicable, which regulate or have
jLlrisdiction over the Services to be provided and performed by CONSULTANT hereLlnder. In the
event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such
conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such
conflict. OWNER'S approval of any design documents in no way relieves CONSULTANT of its
obligation to deliver complete and accurate docLlments necessary for successful completion of the
Services reqLlired under the sLlbject Work Order.
1.8 CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper performance of
the CONSULTANT'S obligations hereunder, or in the course of jLldicial or legislative proceedings
where sLlch information has been properly subpoenaed, any non-public information concerning the
Services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its
5
----t-,...".-----"
'69 '7"
Jr..
employees, agents, subconsultants and subcontractors to comply with the provisions of this
paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be
submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida
State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference
specific established Survey MonLlmentation, such as Certified Section Corners (Half or Quarter
Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic)
GPS Network as provided by OWNER. Information layers shall have common naming conventions
(i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc) , and adhere to industry
standard CAD specifications.
ARTICLE 2
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by Owner throLlgh an Amendment or Change Order to a Work Order,
CONSULTANT shall furnish or obtain from others Additional Services beyond those Services
originally authorized in the Work Order. The agreed upon scope, compensation and schedLlle for
Additional Services shall be set forth in the Amendment or Change Order aLlthorizing those Additional
Services. With respect to the individuals with authority to authorize Additional Services under this
Agreement, such aLlthority will be as established in OWNER'S Administrative Procedures in effect at
the time such services are aLlthorized. Except in an emergency endangering life or property, any
Additional Services must be approved in writing via an Amendment or Change Order to the subject
Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional
Services commenced withoLlt sLlch express prior written approval. Failure to obtain such prior written
approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
6
16B~1'
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Services originally required of CONSULTANT under the subject Work Order. If
OWNER determines that a change in a Work Order is required because of the action taken by
CONSULTANT in response to an emergency. an Amendment or Change Order shall be issued to
document the consequences of the changes or variations. provided that CONSULTANT has delivered
written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written
notice noted above, waives CONSULTANTS right it otherwise may have had to seek an adjustment
to its compensation or time of performance Linder the subject Work Order.
ARTICLE 3
OWNER'S RESPONSIBILITIES
3.1 For each Work Order, OWNER shall designate In writing a project manager to act as
OWNER'S representative with respect to the Services to be rendered under the Work Order
(hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to
transmit instructions. receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANTS Services under the Work Order. However. the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have
the effect. or be interpreted to have the effect. of modifying or changing in any way whatever:
(a) The scope of Services to be provided and performed by the CONSULTANT as
set forth in the Work Order;
(b) The time the CONSULTANT is obligated to commence and complete all sLlch
Services as set forth in the Work Order; or
7
168 7~
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT as set forth in the Work Order.
3.2 The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
(b) Provide all criteria and information reqLlested by CONSULTANT as to OWNER'S
requirements for the Services specified in the Work Order, including design
objectives and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S possession
pertinent to the Services specified in the Work Order, including existing drawings,
specifications, shop drawings, product literature, previous reports and any other
data relative to the subject Work Order;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the site
(if any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT under the subject Work Order; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the
OWNER with respect to the Services to be rendered by CONSULTANT
hereLlnder.
8
16R 71"
ARTICLE 4
TIME
4.1 Attached to each Work Order shall be a compLlter generated bar graph time schedule
("Schedule") for the performance of the Services reqLlired under the subject Work Order. Said
Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by
CONSULTANT shall be commenced, performed and completed in accordance with the Work Order
and the Schedule. Time is of the essence with respect to the performance of the Services Linder
each Work Order.
4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the
Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its
own faLllt or neglect, including but not restricted to acts of natLlre or of public enemy, acts of
government or of the OWNER, fires, floods, epidemics, qLlarantine regulations, strikes or 10ck-OLltS,
then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement
of such delay, stating the specific cause or caLlses thereof, or be deemed to have waived any right
which CONSULTANT may have had to request a time extension for that specific delay.
4.3 Unless otherwise expressly provided in the Work Order, no interruption, interference,
inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S Services
from any cause whatsoever, including those for which OWNER may be responsible in whole or in
part, shall relieve CONSULTANT of its dLlty to perform or give rise to any right to damages or
additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the
right to seek an extension of time to the SchedLlle; provided, however, the granting of any SLlch time
extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision.
9
168 7'
This paragraph shall expressly apply to claims for early completion, as well as claims based on late
completion.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the Services
to be provided hereunder in a timely manner, in addition to any other rights or remedies available to
the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all
payments due and owing to the CONSULTANT under this Agreement (including any and all Work
Orders) until such time as the CONSULTANT resumes performance of its obligations hereLlnder in
such a manner so as to reasonably establish to the OWNER'S satisfaction that the CONSULTANT'S
performance is or will shortly be back on schedule.
4.5 In no event shall any approval by OWNER aLlthorizing CONSULTANT to continue performing
Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any
other damages hereLlnder.
4.6 The period of service shall be from the date of execution of this Agreement throLlgh one (1)
year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of
the Agreement period have been completed. This Agreement may be renewed for an additional three
(3) years, renewable annually. Any such annLlal renewal shall be agreed to, in writing, by both
parties.
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ARTICLE 5
COMPENSATION
5.1 Compensation and the manner of payment of such compensation by the OWNER for Services
rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. CONSULTANT
agrees to fLlrnish to OWNER, after the end of each calendar month, or as specified in the Work
Order, a comprehensive and itemized statement of charges for the Services performed and rendered
by CONSULTANT during that time period, and for any OWNER aLlthorized reimbursable expenses as
herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly
statement shall be in such form and supported by such docLlmentation as may be required by
OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the
Agreement Number, Work Order NLlmber, Purchase Order Number and Project Site description (if
any).
5.2 The compensation (whether based L1pon a negotiated lump SLIm, time and materials, hourly
with a cap or some other agreed to format) contained in each separate Work Order shall be based on
the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time
reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate SchedLlle
may be updated by mutual agreement on an annLlal basis, in conjunction with the annual renewal of
this Agreement provided for in paragraph 4.6 above, as directed by OWNER.
5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable
reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S
performance of the Services, at its direct cost with no markup, to the extent such reimbursement is
permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below.
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168 7'
5.2.2 Reimbursable expenses shall be invoiced for the expenditures incLlrred by the
CONSULTANT as follows:
5.2.2.1. Expenses of transportation and living when traveling in connection with each
Work Order, except for local travel within Collier or Lee Counties, as provided
in Section 112.061, F.S., and all Contract-related mileage for trips that are
from/to destinations oLltside of Collier or Lee Counties approved by OWNER.
5.2.2.2 Expenses for reproducing documents that exceed the number of
docLlments described in this Agreement and postage and handling of Drawings and
Specifications, including duplicate sets at the completion of each Work Order for the
OWNER'S review and approval.
5.2.2.3. Expense of overtime work reqLliring higher than regLllar rates approved in
advance and in writing by OWNER.
5.2.2.4.
Expense of models for the OWNER'S use.
5.2.2.5 Fees paid for secLlring approval of authorities having jLlrisdiction over the
Work Order reqLlired Linder the applicable Work Order.
5.2.2.6
Other items on request and approved in writing by the OWNER.
5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incLlrring any of
the aforesaid reimbursable expenses, and absent sLlch prior approval, no expenses incLlrred by
CONSULTANT will be deemed to be a reimbursable expense.
5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized
reimbursable expenses, incLlrred by CONSULTANT in the performance of the Services.
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5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that
CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and
the estimated fees thereof for the proposed work to be specified in the Work Order; and (Ii) the
estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services
to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly
sLlpply such estimate to OWNER based on CONSULTANT'S good faith analysis.
5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized
by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum
markup of five percent (5%) on the fees and expenses associated with sLlch sLlbconsultants and
sLlbcontractors.
5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work
Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by
OWNER.
5.7 Records of ReimbLlrsable Expenses shall be kept on a generally recognized accounting basis.
ARTICLE 6
OWNERSHIP OF DOCUMENTS
6.1 Upon the completion or termination of each Work Order, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, ALlto CADD files, specifications, maps, evalLlations, reports and other technical
data, other than working papers, prepared or developed by or for CONSULTANT under the applicable
Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such
13
168 7'
Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible
for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own
expense, may retain copies of the Project Documents for its files and internal use.
6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to
pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable
aLlthorized project or task. CONSULTANT warrants to OWNER that it has fLlII right and authority to
grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project
Documents to complete the subject project or task following CONSULTANT'S termination for any
reason or to perform additions to or remodeling, replacement or renovations of the subject project or
task. CONSULTANT also acknowledges OWNER may be making Project Documents available for
review and information to various third parties and hereby consents to such use by OWNER.
ARTICLE 7
MAINTENANCE OF RECORDS
7.1 CONSULTANT will keep adequate records and supporting documentation which concern or
reflect the Services hereunder. The records and documentation will be retained by CONSULTANT
for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the
Work Order is completed, whichever is later, or such later date as may be required by law. OWNER,
or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to
audit, inspect and copy all such records and documentation as often as they deem necessary during
the period of this Agreement and during the five (5) year period noted above, or such later date as
14
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may be required by law; provided, however, such activity shall be conducted only during normal
business hours.
7.2 The records specified above in paragraph 7.1 include accurate time records, which
CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each
principal and employee of CONSULTANT in performing the Services and therein specifying the
services performed by each, with all such time records to be kept within one-half of an hour. At the
request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of
the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or
payment of any reimbursable expenses.
ARTICLE 8
INDEMNIFICATION
8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless
OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or
utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph 8.1.
15
16R?1.
ARTICLE 9
INSURANCE
9.1 CONSULTANT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in
Schedule C to this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the State
of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
9.3.1 All insurance policies, other than the BLlsiness Automobile policy, Professional Liability
policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of
this Agreement shall name Collier County Board of County Commissioners, Collier County, Florida, as
an additional insured as to the operations of CONSULTANT Linder this Agreement and shall contain a
severability of interests provisions.
9.3.2 Companies issuing the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any deductibles which all are at the sole
responsibility and risk of CONSULTANT.
9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self-
insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained
by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER.
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9.3.4 The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.0. form with no limiting endorsements, must reference and identify this
Agreement.
9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for
damages covered by insurance to the extent insurance proceeds are paid and received by OWNER,
except such rights as they may have to the proceeds of such insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insLlrance policies required
hereLlnder must meet the following minimum requirements:
9.5.1 The insurance company mLlst be duly licensed and authorized by the Department of
Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida.
9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI"
or higher.
ARTICLE 10
SERVICES BY CONSULTANT'S OWN STAFF
10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff,
unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of
the services of any other person or firm by CONSULTANT, as independent consultant or otherwise,
shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall,
17
169 7~
however, be construed as constituting an agreement between the OWNER and any such other
person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third
party any claim or right of action against the OWNER beyond such as may then otherwise exist
without regard to this Agreement.
10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel
CONSULTANT intends to assign to perform the Services required under that Work Order. Such
personnel shall be committed to the project or task specified in the Work Order in accordance with the
percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each
subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All
personnel, subconsLlltants and subcontractors identified in the Schedule shall not be removed or
replaced without OWNER'S prior written consent.
1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to
be bOLlnd to the CONSULTANT by the terms of this Agreement and any subsequently issued Work
Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the
CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the
OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the
OWNER under this Agreement, and any subsequently issued Work Order, with respect to the
Services to be performed by the subconsultant or subcontractor so that the subconsulting or
subcontracting thereof will not prejudice SLlch rights. Where appropriate, the CONSULTANT shall
require each subconsultant or subcontractor to enter into similar agreements with its sub-
sLlbconsultants or sub-subcontractors.
18
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1 0.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each
contract entered into between CONSULTANT and each subconsultant or subcontractor, however
nothing in this Agreement shall be construed to create any contractual relationship between OWNER
and any subconsultant or subcontractor.
ARTICLE 11
WAIVER OF CLAIMS
11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall
constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it
against OWNER arising out of the Work Order or otherwise related to those Services, and except
those previously made in writing in accordance with the terms of this Agreement and identified by
CONSULTANT in its final invoice for the subject Work Order as unsettled. Neither the acceptance of
CONSULTANT'S Services nor payment by OWNER shall be deemed to be a waiver of any of
OWNER'S rights against CONSULTANT.
ARTICLE 12
TERMINATION OR SUSPENSION
12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is
agreed that either party hereto shall at any and all times have the right and option to terminate this
Agreement by giving to the other party not less than thirty (30) days prior written notice of such
termination. Upon this Agreement being so terminated by either party hereto, neither party hereto
shall have any further rights or obligations under this Agreement subsequent to the date of
termination, except that Services specified to be performed under a previously issued Work Order,
shall proceed to completion under the terms of this Agreement.
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12.2 CONSULTANT shall be considered in material default of this Agreement and such default will
be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in
whole or in part, as further set forth in this section, for any of the following reasons: (a)
CONSULTANT'S failure to begin Services under any particular Work Order within the times specified
under that Work Order, or (b) CONSULTANT'S failure to properly and timely perform the Services to
be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general
assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals,
officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of
this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so
terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the
CONSULTANT seven (7) calendar days written notice of the material default.
12.3 If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is
determined for any reason that CONSULTANT was not in default, or that its default was excusable, or
that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in
paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to
be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies
against OWNER shall be the same as and be limited to those afforded CONSULTANT under
paragraph 12.4 below.
12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in
whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the
event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be
20
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limited to that portion of the fee earned through the date of termination, for any Work Orders so
cancelled, together with any retainage withheld and any costs reasonably incurred by CONSULTANT
that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or
further recovery against OWNER, including, but not limited to, anticipated fees or profits on Services
not required to be performed. CONSULTANT mLlst mitigate all such costs to the greatest extent
reasonably possible.
12.5 Upon termination and as directed by OWNER, the CONSULTANT shall deliver to the OWNER
all original papers, records, documents, drawings, models, and other material set forth and described
in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or
under its control arising out of or relating to this Agreement or any Work Orders.
12,6 The OWNER shall have the power to suspend all or any portions of the Services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written
notice of such suspension. If all or any portion of the Services to be rendered hereLlnder are so
suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to
its schedule in accordance with the procedures set forth in Article Four herein.
12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-
five (45) days after such payment is due as set forth in the Work Order or such other time as required
by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material
obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issLled Work
Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written
notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject
Work Order until such default is cured, after giving OWNER a second fourteen (14) days written
21
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notice of CONSULTANT'S intention to stop performance under the applicable Work Order. If the
Services are so stopped for a period of one hundred and twenty (120) consecutive days through no
act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees
or any other persons performing portions of the Services Linder contract with the CONSULTANT, the
CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of
CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within
fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon
fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and
recover from the Owner payment for Services performed through the termination date, but in no event
shall CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE 13
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement or any subsequent Work Order.
13.2 In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT
agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated
herein as Schedule D, certifying that wage rates and other factual unit costs supporting the
22
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7'
compensation for CONSULTANT'S services to be provided under this Agreement and each
subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the
Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set
forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to
exclude any significant sums by which the OWNER determines the price as set forth in the Work
Order was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of the subject Work
Order.
ARTICLE 14
CONFLICT OF INTEREST
14.1 CONSULTANT represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of Services required
hereunder. CONSULTANT further represents that no persons having any sLlch interest shall be
employed to perform those Services.
ARTICLE 15
MODIFICATION
15.1 No modification or change in this Agreement shall be valid or binding upon either party unless
in writing and executed by the party or parties intended to be bound by it.
23
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ARTICLE 16
NOTICES AND ADDRESS OF RECORD
16.1 All notices required or made pursuant to this Agreement to be given by the CONSULTANT to
the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal
Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S
address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Purchasing Building
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Stephen Y. Carnell, Purchasing/GS Director
Fax: 239-732-0844
16.2 All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
Johnson Engineering, Inc.
2158 Johnson Street
Fort Myers, FL 33901
Telephone: 239/334-0046
Fax: 239/334-3661
Attn: Andrew D. Tilton, P.E.
Either party may change its address of record by written notice to the other party given in accordance
with requirements of this Article.
24
, ~Ji
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ARTICLE 17
MISCELLANEOUS
17.1 CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2 No modification, waiver, suspension or termination of the Agreement or of any terms thereof
shall impair the rights or liabilities of either party.
17.3 This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4 Waivers by either party of a breach of any provision of this Agreement shall not be deemed to
be a waiver of any other breach and shall not be constrLled to be a modification of the terms of this
Agreement.
17.5 The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the pLlrpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6 This Agreement, including the referenced Schedules and Attachments hereto, constitutes the
entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior
agreements or understandings, written or oral, relating to the matter set forth herein, and any such
prior agreements or understanding shall have no force or effect whatever on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall
survive the expiration or termination of this Agreement.
25
-1........~._"-_...".-
16B 7'
17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall
be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A WORK ORDER FORM
Schedule B RATE SCHEDULE
Schedule C INSURANCE COVERAGE
Schedule D TRUTH IN NEGOTIATION CERTIFICATE
ARTICLE 18
APPLICABLE LAW
18.1 This Agreement shall be governed by the laws, rLlles, and regulations of the State of Florida,
and by such laws, rules and regulations of the United States as made applicable to Services funded
by the United States government. Any suit or action brought by either party to this Agreement against
the other party relating to or arising OLlt of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 19
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
26
16~
7'
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent L1pon or resulting from the award
or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and
deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and
made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each
subsequently issued Work Order, if any, shall be adjusted to exclLlde any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates
and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by
OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which
read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a
public entity for the construction or repair of a pLlblic bLlilding or public
work; may not submit bids, proposals, or replies on leases of real property
to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant Linder a contract with any public
entity; and may not transact bLlsiness with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted
vendor list."
ARTICLE 20
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full
27
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16Q
(1)
7'
decision-making authority and by OWNER'S staff person who would make the presentation of any
settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who would make
the presentation of any settlement reached at mediation to OWNER'S board for approval. Should
either party fail to submit to mediation as required hereunder, the other party may obtain a court order
requiring mediation under section 44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the Consultant is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended. Failure by the Consultant to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the discretion
to unilaterally terminate this agreement immediately.
28
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Environmental Consulting Services the day and year first written above.
ATTEST:
BOARD OF COUNTY
COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
DwightE. Brock, Clerk
BY:~~
~ate:,~
" ",. ,.;;; ':0 ~'h~ In!1.t\f1 ,
:;1.; ,~ .. ~;'i 1;; > -
By:
.
Chairman
Approved as to form and
legal sufficiency:
Cai~m~ CJ
Assistant County Attorney
Johnson Engineering, Inc.
(lu~~H~..o/1
Witness \
~E8J I An.... A~..,.,
Type Name and Title
~~ Vl'16;t^f cL
~'i, L -0 r"-P~ 4Drt ~+
Type ame and Title
By: tit.-v, ~
AtJnH'...' l),TiL1t>M. VICE VllES.
Typed Name and Title
29
Item # J.k..a::L
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SCHEDULE A
WORK ORDER #
Agreement for title of contract, Dated:
,200
(RFP/Bid 00-0000)
This Work Order is for professional describe services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work
Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to:
name of firm.
Scope of Work: As detaiied in the attached proposal and the following:
. Task I
. Task II
. Task III
Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this
Work Order.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance
with the following method(s): _Negotiated Lump Sum _Lump Sum Plus Reimbursable Costs _Time &
Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define
which method will be used for which tasks)
Task I
Task II
Task III
$
$
$
$
TOTAL FEE
Any change made subsequent to final department approval will be considered an additional service and charged
according to Schedule "A" of the original Contract Agreement.
PREPARED BY:
name and title
Date
APPROVED BY:
Department Director, Department Name
Date
APPROVED BY:
Division Administrator, Division
Date
ACCEPTED BY: Company name
Signature of Authorized Company Officer
Date
Type or Print Name and Title
A-1
SCHEDULE B
168
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7 c1!'..
-,'"
07-4168 Fixed Term Professional Environmental Consultina Services
RATE SCHEDULE
Professional
Principal
Project Manager
Typical Industry
Designations
Project Principal
GIS Specialist
Ecologist, Permitting
Specialist
Ecologist
Senior Scientist
Scientist
Environmental Technician
GIS Analyst
AutoCAD
Expert Witness
Administrative Assistant
Clerical
Rate
$170.00/hr
$115.00/hr
$105.00/hr
$ 85.00/hr
$ 65.00/hr
$ 70.00/hr
$ 65.00/hr
$160.00/hr
$52.00/hr
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutLlally negotiated by the County and
firm on a project by project basis as needed.
B-1
168
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7 "
SCHEDULE C
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the
following minimum requirements with the Lise of Insurance Services Office (ISO) forms
and endorsements or their equivalents. If CONSULTANT has any self-insured
retentions or deductibles under any of the below listed minimum required coverages,
CONSULTANT must identify on the Certificate of Insurance the nature and amount of
such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be
CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than
the limits specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of
commencement of the Services until the date of completion of all Services required
hereunder or as specified in this Agreement, whichever is longer.
(4) Simultaneously with the execution and delivery of this Agreement by
CONSULTANT, CONSULTANT has delivered properly executed Certificates of
insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT
has acquired and put in place the insurance coverages and limits required hereunder.
In addition, certified, true and exact copies of all insurance polices required shall be
provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or
C-1
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7 I
..
allowed to expire until at least thirty (30) days prior written notice has been given to the
OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four
(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverages or limits received by CONSULTANT from its insurer, and
nothing contained herein shall relieve CONSULTANT of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by
CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any
insurance or self insurance program carried by the OWNER applicable to this
Agreement.
(6) The acceptance by OWNER of any Certificate of Insurance pursuant to
the terms of this Agreement does not constitute approval or agreement by the OWNER
that the insurance requirements have been satisfied or that the insurance policy shown
on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and
maintain, until the completion of the subconsultant's services, insurance of the types
and to the limits specified in this Section except to the extent such insurance
requirements for the sLlbconsultant are expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance
coverages required herein, the OWNER may terminate the Agreement and any Work
Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to
C-2
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7'
purchase such coverages and charge the CONSULTANT for such coverages
purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30)
days after demand, OWNER has the right to offset these costs from any amount due
CONSULTANT under this Agreement or any other agreement between OWNER and
CONSULTANT. The OWNER shall be under no obligation to purchase such insurance,
nor shall it be responsible for the coverages purchased or the insurance company or
companies used. The decision of the OWNER to purchase such insurance coverages
shall in no way be construed to be a waiver of any of its rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires
prior to the completion of the Services required hereunder or termination of the
Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, in
triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3)
business days after the renewal of the policy(ies). Failure of the Contractor to provide
the OWNER with such renewal certificate(s) shall be deemed a material breach by
CONSULTANT and OWNER may terminate the Agreement or any subsequently issued
Work Order for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be
maintained by the CONSULTANT during the term of this Agreement for all employees
engaged in the work under this Agreement in accordance with the laws of the State of
Florida. The amounts of such insurance shall not be less than:
C-3
16 7'
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $500,000 Each Accident
$500,000 Disease Aggregate
$500,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER
and the policy shall be so endorsed.
(3) United States Longshoreman's and HarbolWorker's Act coverage shall be
maintained where applicable to the completion of the work.
_ Applicable X Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
_ Applicable
X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes No
(5) Commercial General Liability Insurance, written on an "occurrence" basis,
shall be maintained by the CONSULTANT. Coverage will include, but not be limited to,
Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this
Agreement, Independent Contractors, Broad Form Property Damage including
C-4
168 7'
Completed Operations and Products and Completed Operations Coverage. Products
and Completed Operations coverage shall be maintained for a period of not less than
five (5) years following the completion and acceptance by the OWNER of the work
under this Agreement. Limits of Liability shall not be less than the following:
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
X General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(6) The General Aggregate Limit shall apply separately to this Project and the
policy shall be endorsed using the following endorsement wording. "This endorsement
modifies insurance provided under the following: Commercial General Liability
Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies
separately to each of your projects away from premises owned by or rented to you."
Applicable deductibles or self-insured retentions shall be the sole responsibility of
CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT
shall be subject to the approval of the Risk Management Director or its designee.
C-5
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7 '~
(7) The OWNER shall be named as an Additional Insured and the policy shall
be endorsed that such coverage shall be primary to any similar coverage carried by the
OWNER.
(8) Coverage shall be included for explosion, collapse or underground
property damage claims.
(9) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than the Commercial General Liability limit
shown in subparagraph (1) above if applicable to the completion of the Services under
this Agreement.
_ Applicable X Not Applicable
(10) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable
to the completion of the Services under this Agreement.
_ Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
(11) Automobile Liability Insurance shall be maintained by the CONSULTANT
for the ownership, maintenance or use of any owned, non-owned or hired vehicle with
limits of not less than:
X Bodily Injury & Property Damage - $ 500,000
C-6
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Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(12) Umbrella Liability may be maintained as part of the liability insurance of
the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability,
Commercial General Liability, and Automobile Liability coverages required herein and
shall include all coverages on a "following form" basis.
(13) The policy shall contain wording to the effect that, in the event of the
exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will
"drop down" to apply as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? X Yes No
(14) Professional Liability Insurance shall be maintained by the CONSULTANT
to insure its legal liability for claims arising out of the performance of professional
services under this Agreement. CONSULTANT waives its right of recover against
OWNER as to any claims under this insurance. Such insurance shall have limits of not
less than:
_ $ 500,000 each claim and in the aggregate
X $1,000,000 each claim and in the aggregate
_ $2,000,000 each claim and in the aggregate
_ $5,000,000 each claim and in the aggregate
C-7
"'-f~""*~-~"--
16P
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(15) Any deductible applicable to any claim shall be the sole responsibility of
the CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(16) The CONSULTANT shall continue this coverage for a period of not less
than five (5) years following completion of all Services authorized under this Agreement.
(17) The policy retroactive date will always be prior to the date services were
first performed by CONSULTANT or OWNER under this Agreement, and the date will
not be moved forward during the term of this Agreement and for five years thereafter.
CONSULTANT shall promptly submit Certificates of Insurance providing for an
unqualified written notice to OWNER of any cancellation of coverage or reduction in
limits, other than the application of the aggregate limits provision. In addition,
CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours
after receipt, of any notices of expiration, cancellation, non-renewal or material change
in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy,
CONSULTANT shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy. CONSULTANT shall promptly submit a
certified, true copy of the policy and any endorsements issued or to be issued on the
policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(18) In the sole discretion of the County, on a work order by work order basis,
CONSULTANT may be required to purchase valuable papers and records coverage for
plans, specifications, drawings, reports, maps, books, blueprints, and other printed
C-8
169 7
documents in an amount sufficient to cover the cost of recreating or reconstructing
valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(19) If OWNER notifies CONSULTANT that a project professional liability
policy will be purchased, then CONSULTANT agrees to use its best efforts in
cooperation with OWNER and OWNER'S insurance representative, to pursue the
maximum credit available from the professional liability carrier for a reduction in the
premium of CONSULTANT'S professional liability policy. If no credit is available from
CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to
pursue the maximum credit available on the next renewal policy, if a renewal occurs
during the term of the project policy (and on any subsequent professional liability
policies that renew during the term of the project policy). CONSULTANT agrees that
any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of
OWNER for the provision of project-specific professional liability insurance policy in
consideration for a reduction in CONSULTANT'S self-insured retention and the risk of
uninsured or underinsured consultants.
(20) CONSULTANT agrees to provide the following information when
requested by OWNER or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
C-9
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e. Amount (in both dollars and percent) the underwriter will give as a credit if
the policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and
omissions application.
(21) If OWNER elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and OWNER will provide professional
liability insurance, naming CONSULTANT and its professional subconsultants as
named insureds.
C-10
----."-.-1
168 7
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 JF I OATE (MMIDDIYYYY)
JOIINS-l 12/28/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Five County Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
14120 Metropo1is Avenue ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Fort Myers FL 33912
Phona:239-939-1400 Fax: 239-939-3813 INSURERS AFFORDING COVERAGE NAJC #
INSURED INSURER A: Tranaconb.n"ntal In,,-CNA-CAH 20486
INSURER B: Nat. '1 Fire In.. oE a..rtf'ord-cNA
Johnson Engineering Inc INSURER c: Transoortation Ins.CNA-CAM 20494
PO Box 155 INSURER 0: Contingnt;al C...u.lty Inn co
Fort Myers FL 33902 INSURER E;
~1;'ican Inst.l S eO/A"':ll .. CQ,
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE iNSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
AIN REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH1S CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CTR ~R TYPE OF INSURANCE POLICY NUMBER ~ CAT,EffMM/DDNYI" UMITS
~NEAAL LIABILITY EACH OCCURRENCE .1,000,000
A X X COMMERCIAL GENERAL LlAB1LITY TCP1055828156 09/15/07 09/15/0B I PREMISes (Ell 0=1111'IC,1 . 50,000
I CLAIMS MADE ~ OCCUR MED EXP (AllY one parson) . 5,000
X Contractual Liab PERSONAl & ADV INJURY .1 000,000
X Watercraft Liab GENERAL AGGREGATE .2,000,000
~.~ AGG~Ef1E~LlMIT APnS PER: PRDDUCTS-COM~OPAGG .2,000 000
POLICY X j~8i LOC Emp Ben. 1,000,000
~OMOBtLE LIABILITY COMBINED SINGLE LlM1T S 1,000,000
B ~ ANY AUTO BUA1055B28173 09/15/07 09/15/08 (Eaacc!dant)
- ALL OWNED AUTOS BODILY INJURY
.
SCHEDULED AUTOS (PecpersOrl)
-
~ HIRED AUTOS 80DJL Y INJURY
.
~ NON-OWNED AUTOS (Per accident)
X COMPo $500 Dad PROPERTY DAMAGE
$500 (Peracc!dant) $
X COLL: Dad
GARAGE: LIABILITY AUTO ONLY - EA ACCIDENT .
=l ANY AUTO OTHER THAN EAACC .
AUTO ONLY; AGG .
~~SSlUMBRE:LLA LIABILITY EACH OCCURRENCE .10 000,000
E X OCCUR 0 CLAIMS MADE EU00753263972 09/15/07 09/15/08 AGGREGATE s 10,000 000
.
~ ~EDUCTIBLE I
X RETENTION 110 000 .
WORKERS COMPENSATION AND X ITORY LIMITS I IVER-
C EMPLOyeRS' LIABILITY WC258095500 09/24/07 09/24/08 .1 000,000
ANY PROPRIETORIPARTNERIEXECUTIVE E,L. EACH ACCIDENT
OFFICERfMEMBER EXCLUDED? E.L DISEASE. EA EMPLOYEE '1 000 000
~~~~I~ts~~~v~g?~S below E.L. DISEASE. POLICY LIMIT .1,000 000
OTHER
D Professional Liab AEH114128986 07/23/07 09/15/08 per claim 10,000,000
Dad $150,000 l'Ut.I. i'RIOR ACTS COVERAGE Annual Aa 15 000,000
DESCRIPTION OF OPERATIONS I LOCA.i10NS 'VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder is listed as Additional Insured for General Liability
wi th respects to 07-4168-Fixed Term Professional Environmental Consulting
Services.
CERTIFICATE HOLDER
COLLIER COUNTY GOVERNMENT
CONTRACT ADMINISTRATION
PURCHASING DEPT
3301 E TAMIAMI TRAIL
NAPLES FL 34112
CANCELLATION
COLL330 SHOULD ANY OF THE ABOVE DESCRIBeo POLIQES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICEi TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2001108)
NTATN
@ACORD CORPORATION 1988
11
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poiicies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negativeiy amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD Z5 (2001/08)
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'sa6eM le41 saiJijJa:> AqaJa4 ':>ul '6u!JaaU!6u3 uosulIor 'salnlelS eppol.::l '990"LBG
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ORIGINAL DOCUMENTS CHECKLIST & R0U11~ ~LIP7 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Altacl1 to origin;!! docunWll1. Original documellts should be hanu {lelivenxl tolhe floard Office. rhe completed routing slip and original
documents arc 10 be forwarded to the Ilo<lrd Office only afler the 13(lard 11<15 taken action on the ih:m)
.~.
ROUTING SLIP
Complete routing lines # 1 through #4 a8 appropriate for additional signatures, dales. and/or information needed. If the document is already complete with the
exception ofthe Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routini! order)
1.
2.
3.
4. Colleen M. Greene Assistant County Attorney CMG 01/31/2008
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the
executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional
or missing infonnation. All original documents needing the BCe Chairman's signature are to be delivered to the BCe ofl1ce only atlcr the BCe has acted to
approve the Item.)
Name of Primary Rhonda Cummings, CCPB, Contract Specialist Phone Number 774-2667
Staff Contact Purchasing Department
Agenda Date Item was January 29, 2008 Agenda Item 16.B.7
Approvcd by the BCC Number
Type of Document Contract: #07-4168 "Fixed Term Professional Number of Original Five (5)
Attached Environmental Consulting Services" Contractor: Documents
Passarella & Associates, Inc. Attached
INSTRUCTIONS & CHECKLIST
lnitiallhe Yes column or mark "NI A" in the Not Applicable column, whichever is Yes N/A(Not
aooropriate. (Initial) Applicable)
I. Original documenl has been signed/initialed for legal sufficiency. (All documenls to be CMG
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and oossiblv State Officials.)
2. All handwritten strike-Ihrough and revisious have been initialed by the County Attorney's CMG
Office and all other parties exceot the BCC Chairman and the Clerk 10 the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the CMG
document or the final negolialed contract date whichever is aoplicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip CMG
should be provided 10 Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of vour deadlines!
6. The document was approved by the BCC on Januarv 29, 2008 (enter date) and all CMG
changes made dnriug the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the chanees, if applicable.
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16B~11
MEMORANDUM
Date:
February 1,2008
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 07-4168
"Fixed Term Professional Environmental Consulting
Services"
Contractor: Passarella & Associates, Inc.
Enclosed please find three (3) original contract documents, as
referenced above, (Agenda Item #16B7), approved by the Board of
County Commissioners on Tuesday, January 29, 2008.
An original has been retained in the Minutes and Records Department
and one has also been sent to the Finance Department.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosures (3)
168 7~
MEMORANDUM
TO:
Jeff Walker
Risk Management Department cq n (\
Rhonda Cummings, CPPB, Contract Specialis ' '~~
Purchasing Department
FROM:
DATE:
January 29, 2008
RE: Review of Insurance for Contract: 07-4168 "Fixed Term
Professional Environmental Consulting Services"
Contractor: Passarella & Associates, Inc.
This Contract was approved by the BCC on January 29, 2008; Agenda Item
16.8.7
Please review the Insurance Certificates for the above-referenced contract
and return to Purchasing when done. Thank you. If you have any questions,
please contact me at extension 8941.
~
91/1 I/x/'Y
lMtt RECEIVED
JAN 28 2008
RISK ~NT
dod/RC
C: Joe Delate, TECM
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,III NO.:
Dl-b aCE~'
FILE NO.:
ROUTED TO: og. Pf<.C -OQfi'..3f'
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DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
January 29, 2008
To:
Office of the County Attorney
Attention: R~ C
From: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 2667
Re: Contract: 07-4168 "Fixed Term Professional Environmental
Consulting Services"
Contractor: Passarella & Associates, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 29, 2008; Agenda
Item 16.B.7
This item has not been previously submitted.
o~
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, this is a standard contract with no changes.
BCC for signature after approval. If there are any questi s concerning t
document, please contact me. Purchasing would apprecia e notification wh n
the documents exit your office. Thank you.
C: Joe Delate, TECM I I.IJ,'I- _...1;{)
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16B 7 ~
Contract 07-4168
Fixed Term Professional Environmental Consulting Services
FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 2.Cf-+1:Jay of ,J., nULL'::J 200~, by
and between the Board of County Commissioners for Collier County, Florida, a political subdivision of
the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and Passarella &
Associates, Inc., authorized to do business in the State of Florida, whose business address is 9110
College Pointe Court, Fort Myers, Florida 33919 (hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, it is in the best interests of OWNER to be able to obtain professional
CONSULTANT Environmental Consulting services expeditiously when a need arises in connection
with a Collier County project; and
WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act),
makes provisions for a fixed term contract with a firm to provide professional services to a political
subdivision, such as the County; and
WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of
Section 287.055, Florida Statutes, to provide professional CONSULTANT Environmental
Consulting services on a fixed term basis as directed by OWNER for such projects and tasks as may
be required from time to time by OWNER.
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NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE 1
CONSULTANT'S RESPONSIBILITY
1.1 From time to time upon the written request or direction of OWNER as hereinafter provided,
CONSULTANT shall provide to OWNER professional Environmental Consulting services
(hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services
authorized by written Amendment as hereafter provided.
1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in
conformance with the scope of services, which shall be described in a Work Order issued pursuant to
the procedures described herein. The form of the Work Order is set forth in attached Schedule A.
Reference to the term "Work Order" herein, with respect to authorization of Services, includes all
written Amendments or Change Orders to any particular Work Order. CONSULTANT acknowledges
and agrees that each individual Work Order shall not exceed $200,000 unless otherwise approved in
writing by the Board of County Commissioners, and that the total initial compensation for all Work
Orders issued under this Agreement shall not exceed $750,000 annually, unless otherwise approved
in writing by the Board of County Commissioners of Collier County.
1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order.
CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in
a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be
at CONSULTANT'S own risk and OWNER shall have no liability for such Services.
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1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to
the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services,
said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement
with respect to such Services, including, but not limited to the scope, compensation and schedule for
performance of those Services, a Work Order shall be prepared which incorporates the terms of the
understanding reached by the parties with respect to such Services and if both parties are in
agreement therewith, they shall jointly execute the Work Order.
1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly
provide the Services required thereby, in accordance with the terms of this Agreement and the subject
Work Order.
1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the
Services shall be determined solely by OWNER and that OWNER does not represent or guarantee
unto CONSULTANT that any specific amount of Services will be requested or required of
CONSULTANT pursuant to this Agreement.
1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this
Agreement or any Work Order, or to obligate OWNER in any manner or way.
1.2.6 All duly executed Work Orders (including all written Amendments or Change Orders
thereto) are hereby incorporated into and made a part of this Agreement by reference.
1.3 The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all
such licenses as are required to do business in the State of Florida and in Collier County, Florida,
including, but not limited to, all licenses required by the respective state boards and other
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governmental agencies responsible for regulating and licensing the professional Services to be
provided and performed by the CONSULTANT pursuant to this Agreement.
1.4 The CONSULTANT agrees that, when the Services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization or
other form of legal entitlement to practice such Services, it shall employ and/or retain only qualified
personnel to provide such Services to OWNER.
1.5 CONSULTANT hereby designates Kenneth C. Passarella as its Principal in Charge
(hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate
CONSULTANT on all matters arising out of or relating to this Agreement. In each Work Order
CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project
coordinator for the Services to be provided under that Work Order (hereinafter referred to as the
"Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the Services to
be provided and performed under the Work Order. Further, the Project Coordinator has full authority
to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order.
The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge
and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written
approval, and if so removed must be immediately replaced with a person acceptable to OWNER.
1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from
OWNER to promptly remove and replace the Principal in Charge or any Project Coordinator, or any
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other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform any of the Services pursuant to the requirements of this Agreement or any
applicable Work Order, said request may be made with or without cause. Any personnel so removed
must be immediately replaced with a person acceptable to OWNER.
1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type
of professional Environmental Consulting services that will be required under this Agreement. The
CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement
shall be subject to the OWNER'S review and approval and shall be in accordance with the generally
accepted standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies, including the Florida Building Code where applicable, which regulate or have
jurisdiction over the Services to be provided and performed by CONSULTANT hereunder. In the
event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such
conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such
conflict. OWNER'S approval of any design documents in no way relieves CONSULTANT of its
obligation to deliver complete and accurate documents necessary for successful completion of the
Services required under the subject Work Order.
1.8 CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper performance of
the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings
where such information has been properly subpoenaed, any non-public information concerning the
Services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its
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employees, agents, subconsultants and subcontractors to comply with the provisions of this
paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be
submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida
State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference
specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter
Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic)
GPS Network as provided by OWNER. Information layers shall have common naming conventions
(i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry
standard CAD specifications.
ARTICLE 2
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by Owner through an Amendment or Change Order to a Work Order,
CONSULTANT shall furnish or obtain from others Additional Services beyond those Services
originally authorized in the Work Order. The agreed upon scope, compensation and schedule for
Additional Services shall be set forth in the Amendment or Change Order authorizing those Additional
Services. With respect to the individuals with authority to authorize Additional Services under this
Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at
the time such services are authorized. Except in an emergency endangering life or property, any
Additional Services must be approved in writing via an Amendment or Change Order to the subject
Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional
Services commenced without such express prior written approval. Failure to obtain such prior written
approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
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Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Services originally required of CONSULTANT under the subject Work Order. If
OWNER determines that a change in a Work Order is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment or Change Order shall be issued to
document the consequences of the changes or variations, provided that CONSULTANT has delivered
written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment
to its compensation or time of performance under the subject Work Order.
ARTICLE 3
OWNER'S RESPONSIBILITIES
3.1 For each Work Order, OWNER shall designate In writing a project manager to act as
OWNER'S representative with respect to the Services to be rendered under the Work Order
(hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to
transmit instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S Services under the Work Order. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have
the effect, or be interpreted to have the effect, of modifying or changing in any way whatever:
(a) The scope of Services to be provided and performed by the CONSULTANT as
set forth in the Work Order;
(b) The time the CONSULTANT is obligated to commence and complete all such
Services as set forth in the Work Order; or
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(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT as set forth in the Work Order.
3.2 The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER'S
requirements for the Services specified in the Work Order, including design
objectives and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S possession
pertinent to the Services specified in the Work Order, including existing drawings,
specifications, shop drawings, product literature, previous reports and any other
data relative to the subject Work Order;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the site
(if any) set forth in the Work Order to perform the Services to be provided by
CONSULTANT under the subject Work Order; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the
OWNER with respect to the Services to be rendered by CONSULTANT
hereunder.
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ARTICLE 4
TIME
4.1 Attached to each Work Order shall be a computer generated bar graph time schedule
("Schedule") for the performance of the Services required under the subject Work Order. Said
Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by
CONSULTANT shall be commenced, performed and completed in accordance with the Work Order
and the Schedule. Time is of the essence with respect to the performance of the Services under
each Work Order.
4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the
Services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its
own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of
government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs,
then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement
of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right
which CONSULTANT may have had to request a time extension for that specific delay.
4.3 Unless otherwise expressly provided in the Work Order, no interruption, interference,
inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S Services
from any cause whatsoever, including those for which OWNER may be responsible in whole or in
part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or
additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the
right to seek an extension of time to the Schedule; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision.
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This paragraph shall expressly apply to claims for early completion, as well as claims based on late
completion.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the Services
to be provided hereunder in a timely manner, in addition to any other rights or remedies available to
the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all
payments due and owing to the CONSULTANT under this Agreement (including any and all Work
Orders) until such time as the CONSULTANT resumes performance of its obligations hereunder in
such a manner so as to reasonably establish to the OWNER'S satisfaction that the CONSULTANT'S
performance is or will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing
Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any
other damages hereunder.
4.6 The period of service shall be from the date of execution of this Agreement through one (1)
year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of
the Agreement period have been completed. This Agreement may be renewed for an additional three
(3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both
parties.
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ARTICLE 5
COMPENSATION
5.1 Compensation and the manner of payment of such compensation by the OWNER for Services
rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. CONSULTANT
agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work
Order, a comprehensive and itemized statement of charges for the Services performed and rendered
by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as
herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly
statement shall be in such form and supported by such documentation as may be required by
OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the
Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if
any).
5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly
with a cap or some other agreed to format) contained in each separate Work Order shall be based on
the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time
reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule
may be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of
this Agreement provided for in paragraph 4.6 above, as directed by OWNER.
5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable
reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S
performance of the Services, at its direct cost with no markup, to the extent such reimbursement is
permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below.
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5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the
CONSULTANT as follows:
5.2.2.1. Expenses of transportation and living when traveling in connection with each
Work Order, except for local travel within Collier or Lee Counties, as provided
in Section 112.061, F.S., and all Contract-related mileage for trips that are
from/to destinations outside of Collier or Lee Counties approved by OWNER.
5.2.2.2 Expenses for reproducing documents that exceed the number of
documents described in this Agreement and postage and handling of Drawings and
Specifications, including duplicate sets at the completion of each Work Order for the
OWNER'S review and approval.
5.2.2.3. Expense of overtime work requiring higher than regular rates approved in
advance and in writing by OWNER.
5.2.2.4.
Expense of models for the OWNER'S use.
5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the
Work Order required under the applicable Work Order.
5.2.2.6
Other items on request and approved in writing by the OWNER.
5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of
the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by
CONSULTANT will be deemed to be a reimbursable expense.
5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized
reimbursable expenses, incurred by CONSULTANT in the performance of the Services.
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5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that
CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and
the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the
estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services
to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly
supply such estimate to OWNER based on CONSULTANT'S good faith analysis.
5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized
by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum
markup of five percent (5%) on the fees and expenses associated with such subconsultants and
subcontractors.
5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work
Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by
OWNER.
5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis.
ARTICLE 6
OWNERSHIP OF DOCUMENTS
6.1 Upon the completion or termination of each Work Order, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical
data, other than working papers, prepared or developed by or for CONSULTANT under the applicable
Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such
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Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible
for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own
expense, may retain copies of the Project Documents for its files and internal use.
6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to
pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable
authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to
grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project
Documents to complete the subject project or task following CONSULTANT'S termination for any
reason or to perform additions to or remodeling, replacement or renovations of the subject project or
task. CONSULTANT also acknowledges OWNER may be making Project Documents available for
review and information to various third parties and hereby consents to such use by OWNER.
ARTICLE 7
MAINTENANCE OF RECORDS
7.1 CONSULTANT will keep adequate records and supporting documentation which concern or
reflect the Services hereunder. The records and documentation will be retained by CONSULTANT
for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the
Work Order is completed, whichever is later, or such later date as may be required by law. OWNER,
or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to
audit, inspect and copy all such records and documentation as often as they deem necessary during
the period of this Agreement and during the five (5) year period noted above, or such later date as
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may be required by law; provided, however, such activity shall be conducted only during normal
business hours.
7.2 The records specified above in paragraph 7.1 include accurate time records, which
CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each
principal and employee of CONSULTANT in performing the Services and therein specifying the
services performed by each, with all such time records to be kept within one-half of an hour. At the
request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of
the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or
payment of any reimbursable expenses.
ARTICLE 8
INDEMNIFICATION
8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless
OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or
utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph 8.1.
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7.
ARTICLE 9
INSURANCE
9.1 CONSULTANT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in
Schedule C to this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the State
of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability
policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of
this Agreement shall name Collier County Board of County Commissioners, Collier County, Florida, as
an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a
severability of interests provisions.
9.3.2 Companies issuing the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any deductibles which all are at the sole
responsibility and risk of CONSULTANT.
9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self-
insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained
by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER.
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9.3.4 The Certificates of Insurance, which are to be provided in an Occurrence Form
patterned after the current I.S.0. form with no limiting endorsements, must reference and identify this
Agreement.
9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for
damages covered by insurance to the extent insurance proceeds are paid and received by OWNER,
except such rights as they may have to the proceeds of such insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required
hereunder must meet the following minimum requirements:
9.5.1 The insurance company must be duly licensed and authorized by the Department of
Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida.
9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI"
or higher.
ARTICLE 10
SERVICES BY CONSULTANT'S OWN STAFF
10.1 The Services to be performed hereunder shall be performed by CONSULTANT'S own staff,
unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of
the services of any other person or firm by CONSULTANT, as independent consultant or otherwise,
shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall,
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however, be construed as constituting an agreement between the OWNER and any such other
person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third
party any claim or right of action against the OWNER beyond such as may then otherwise exist
without regard to this Agreement.
10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel
CONSULTANT intends to assign to perform the Services required under that Work Order. Such
personnel shall be committed to the project or task specified in the Work Order in accordance with the
percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each
subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All
personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or
replaced without OWNER'S prior written consent.
1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to
be bound to the CONSULTANT by the terms of this Agreement and any subsequently issued Work
Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the
CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the
OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the
OWNER under this Agreement, and any subsequently issued Work Order, with respect to the
Services to be performed by the subconsultant or subcontractor so that the subconsulting or
subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall
require each subconsultant or subcontractor to enter into similar agreements with its sub-
subconsultants or sub-subcontractors.
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1 0.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each
contract entered into between CONSULTANT and each subconsultant or subcontractor, however
nothing in this Agreement shall be construed to create any contractual relationship between OWNER
and any subconsultant or subcontractor.
ARTICLE 11
WAIVER OF CLAIMS
11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall
constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it
against OWNER arising out of the Work Order or otherwise related to those Services, and except
those previously made in writing in accordance with the terms of this Agreement and identified by
CONSULTANT in its final invoice for the subject Work Order as unsettled. Neither the acceptance of
CONSULTANT'S Services nor payment by OWNER shall be deemed to be a waiver of any of
OWNER'S rights against CONSULTANT.
ARTICLE 12
TERMINATION OR SUSPENSION
12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is
agreed that either party hereto shall at any and all times have the right and option to terminate this
Agreement by giving to the other party not less than thirty (30) days prior written notice of such
termination. Upon this Agreement being so terminated by either party hereto, neither party hereto
shall have any further rights or obligations under this Agreement subsequent to the date of
termination, except that Services specified to be performed under a previously issued Work Order,
shall proceed to completion under the terms of this Agreement.
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12.2 CONSULTANT shall be considered in material default of this Agreement and such default will
be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in
whole or in part, as further set forth in this section, for any of the following reasons: (a)
CONSULTANT'S failure to begin Services under any particular Work Order within the times specified
under that Work Order, or (b) CONSULTANT'S failure to properly and timely perform the Services to
be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general
assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals,
officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of
this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so
terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the
CONSULTANT seven (7) calendar days written notice of the material default.
12.3 If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is
determined for any reason that CONSULTANT was not in default, or that its default was excusable, or
that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in
paragraph 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to
be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies
against OWNER shall be the same as and be limited to those afforded CONSULTANT under
paragraph 12.4 below.
12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1
above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, in
whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the
event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be
20
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limited to that portion of the fee earned through the date of termination, for any Work Orders so
cancelled, together with any retainage withheld and any costs reasonably incurred by CONSULTANT
that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or
further recovery against OWNER, including, but not limited to, anticipated fees or profits on Services
not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent
reasonably possible.
12.5 Upon termination and as directed by OWNER, the CONSULTANT shall deliver to the OWNER
all original papers, records, documents, drawings, models, and other material set forth and described
in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or
under its control arising out of or relating to this Agreement or any Work Orders.
12.6 The OWNER shall have the power to suspend all or any portions of the Services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written
notice of such suspension. If all or any portion of the Services to be rendered hereunder are so
suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to
its schedule in accordance with the procedures set forth in Article Four herein.
12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-
five (45) days after such payment is due as set forth in the Work Order or such other time as required
by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material
obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work
Order, and (Ii) OWNER has failed to cure such default within fourteen (14) days of receiving written
notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject
Work Order until such default is cured, after giving OWNER a second fourteen (14) days written
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notice of CONSULTANT'S intention to stop performance under the applicable Work Order. If the
Services are so stopped for a period of one hundred and twenty (120) consecutive days through no
act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees
or any other persons performing portions of the Services under contract with the CONSULTANT, the
CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of
CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within
fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon
fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and
recover from the Owner payment for Services performed through the termination date, but in no event
shall CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE 13
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement or any subsequent Work Order.
13.2 In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT
agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated
herein as Schedule D, certifying that wage rates and other factual unit costs supporting the
22
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compensation for CONSULTANT'S services to be provided under this Agreement and each
subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the
Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set
forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to
exclude any significant sums by which the OWNER determines the price as set forth in the Work
Order was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of the subject Work
Order.
ARTICLE 14
CONFLICT OF INTEREST
14.1 CONSULTANT represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of Services required
hereunder. CONSULTANT further represents that no persons having any such interest shall be
employed to perform those Services.
ARTICLE 15
MODIFICATION
15.1 No modification or change in this Agreement shall be valid or binding upon either party unless
in writing and executed by the party or parties intended to be bound by it.
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ARTICLE 16
NOTICES AND ADDRESS OF RECORD
16.1 All notices required or made pursuant to this Agreement to be given by the CONSULTANT to
the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal
Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S
address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Purchasing Building
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Stephen Y. Carnell, Purchasing/GS Director
Fax: 239-732-0844
16.2 All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
Passarella & Associates, Inc.
9110 College Pointe Court
Fort Myers, FL 33919
Telephone: 239/274-0067
Fax: 239/274-0069
Attn: Kenneth C. Passarella, President
Either party may change its address of record by written notice to the other party given in accordance
with requirements of this Article.
24
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ARTICLE 17
MISCELLANEOUS
17.1 CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2 No modification, waiver, suspension or termination of the Agreement or of any terms thereof
shall impair the rights or liabilities of either party.
17.3 This Agreement is not assignable, or otherwise transferable in whole or In part, by
CONSULTANT without the prior written consent of OWNER
17.4 Waivers by either party of a breach of any provision of this Agreement shall not be deemed to
be a waiver of any other breach and shall not be construed to be a modification of the terms of this
Agreement.
17.5 The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6 This Agreement, including the referenced Schedules and Attachments hereto, constitutes the
entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior
agreements or understandings, written or oral, relating to the matter set forth herein, and any such
prior agreements or understanding shall have no force or effect whatever on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall
survive the expiration or termination of this Agreement.
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17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall
be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A WORK ORDER FORM
Schedule B RATE SCHEDULE
Schedule C INSURANCE COVERAGE
Schedule D TRUTH IN NEGOTIATION CERTIFICATE
ARTICLE 18
APPLICABLE LAW
18.1 This Agreement shall be governed by the laws, rules, and regulations of the State of Florida,
and by such laws, rules and regulations of the United States as made applicable to Services funded
by the United States government. Any suit or action brought by either party to this Agreement against
the other party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 19
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
26
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7!Jl!
,":-,.'..,;
,,-,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and
deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and
made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each
subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates
and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by
OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which
read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property
to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted
vendor list."
ARTICLE 20
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full
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decision-making authority and by OWNER'S staff person who would make the presentation of any
settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court
Mediator certified by the State of Florida. The mediation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who would make
the presentation of any settlement reached at mediation to OWNER'S board for approval. Should
either party fail to submit to mediation as required hereunder, the other party may obtain a court order
requiring mediation under section 44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the Consultant is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended. Failure by the Consultant to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the discretion
to unilaterally terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Environmental Consulting Services the day and year first written above.
ATTEST:
Dwight E. Brock, Clerk
BY:~~
Dat~:,.~ I ~I t~~ ~.
^. . \o"V, .,....,'~.t"''J!ln ,
;;, , . ~ ;<
Approved as to form and
legal sufficiency:
NJf~~
Assistant County Attorney
J!u~~ ~
WiV1j'JsS r'
-K-rls/-Q.. r~L?a(/1.1\O Me/.Mgr-.
Typed Name and Title '
~.2.J.l"j '!:f uJ},i..10"AJ
Witness
Be.w/\LWbis/u-, Dirr.dn,. 'If:JI{OI'kc.tirrQ
Typed ~ and Title -J
BOARD OF COUNTY
COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
BY~OM~k
Passarella & Associates. Inc.
By: ;/pf~
/
eY C. ttLssanllo.. P~s;i:lettf;
pe Name and Title
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SCHEDULE A
WORK ORDER #
Agreement for title of contract, Dated:
,200
(RFP/Bid 00-0000)
This Work Order is for professional describe services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work
Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to:
name of firm.
Scope of Work: As detailed in the attached proposal and the following:
* Task I
* Task II
* Task III
Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this
Work Order.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance
with the following method(s): _Negotiated Lump Sum _Lump Sum Plus Reimbursable Costs _Time &
Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define
which method will be used for which tasks)
Task I
Task II
Task III
$
$
$
$
TOTAL FEE
Any change made subsequent to final department approval will be considered an additional service and charged
according to Schedule "A" of the original Contract Agreement
PREPARED BY:
name and title
Date
APPROVED BY:
Department Director, Department Name
Date
APPROVED BY:
Division Administrator, Division
Date
I /O~/08
Date
ACCEPTED BY: Company name
ignature of Authorized Company Officer
~
Type or Print Name and Title
A-1
SCHEDULE B
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07-4168 Fixed Term Professional Environmental Consultina Services
RATE SCHEDULE
Professional
Principal
Project Manager
Typical Industry
Designations
Project Principal
GIS Specialist
Ecologist, Permitting
Specialist
Ecologist
Senior Scientist
Scientist
Environmental Technician
GIS Analyst
AutoCAD
Expert Witness
Administrative Assistant
Clerical
Rate
$170.00/hr
$115.00/hr
$105.00/hr
$ 85.00/hr
$ 65.00/hr
$ 70.00/hr
$ 65.00/hr
$160.00/hr
$52.00/hr
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and
firm on a project by project basis as needed.
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SCHEDULE C
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the
following minimum requirements with the use of Insurance Services Office (ISO) forms
and endorsements or their equivalents. If CONSULTANT has any self-insured
retentions or deductibles under any of the below listed minimum required coverages,
CONSULTANT must identify on the Certificate of Insurance the nature and amount of
such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be
CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than
the limits specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of
commencement of the Services until the date of completion of all Services required
hereunder or as specified in this Agreement, whichever is longer.
(4) Simultaneously with the execution and delivery of this Agreement by
CONSULTANT, CONSULTANT has delivered properly executed Certificates of
insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT
has acquired and put in place the insurance coverages and limits required hereunder.
In addition, certified, true and exact copies of all insurance polices required shall be
provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall
contain a provision that coverages afforded under the policies will not be canceled or
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allowed to expire until at least thirty (30) days prior written notice has been given to the
OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four
(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or
material change in coverages or limits received by CONSULTANT from its insurer, and
nothing contained herein shall relieve CONSULTANT of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by
CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any
insurance or self insurance program carried by the OWNER applicable to this
Agreement.
(6) The acceptance by OWNER of any Certificate of Insurance pursuant to
the terms of this Agreement does not constitute approval or agreement by the OWNER
that the insurance requirements have been satisfied or that the insurance policy shown
on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and
maintain, until the completion of the subconsultant's services, insurance of the types
and to the limits specified in this Section except to the extent such insurance
requirements for the subconsultant are expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance
coverages required herein, the OWNER may terminate the Agreement and any Work
Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to
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purchase such coverages and charge the CONSULTANT for such coverages
purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30)
days after demand, OWNER has the right to offset these costs from any amount due
CONSULTANT under this Agreement or any other agreement between OWNER and
CONSULTANT. The OWNER shall be under no obligation to purchase such insurance,
nor shall it be responsible for the coverages purchased or the insurance company or
companies used. The decision of the OWNER to purchase such insurance coverages
shall in no way be construed to be a waiver of any of its rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires
prior to the completion of the Services required hereunder or termination of the
Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, in
triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3)
business days after the renewal of the policy(ies). Failure of the Contractor to provide
the OWNER with such renewal certificate(s) shall be deemed a material breach by
CONSULTANT and OWNER may terminate the Agreement or any subsequently issued
Work Order for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be
maintained by the CONSULTANT during the term of this Agreement for all employees
engaged in the work under this Agreement in accordance with the laws of the State of
Florida. The amounts of such insurance shall not be less than:
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a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $500,000 Each Accident
$500,000 Disease Aggregate
$500,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER
and the policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
_ Applicable X Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
_ Applicable
X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes No
(5) Commercial General Liability Insurance, written on an "occurrence" basis,
shall be maintained by the CONSULTANT. Coverage will include, but not be limited to,
Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this
Agreement, Independent Contractors, Broad Form Property Damage including
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Completed Operations and Products and Completed Operations Coverage. Products
and Completed Operations coverage shall be maintained for a period of not less than
five (5) years following the completion and acceptance by the OWNER of the work
under this Agreement. Limits of Liability shall not be less than the following:
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
X General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(6) The General Aggregate Limit shall apply separately to this Project and the
policy shall be endorsed using the following endorsement wording. "This endorsement
modifies insurance provided under the following: Commercial General Liability
Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies
separately to each of your projects away from premises owned by or rented to you."
Applicable deductibles or self-insured retentions shall be the sole responsibility of
CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT
shall be subject to the approval of the Risk Management Director or its designee.
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(7) The OWNER shall be named as an Additional Insured and the policy shall
be endorsed that such coverage shall be primary to any similar coverage carried by the
OWNER.
(8) Coverage shall be included for explosion, collapse or underground
property damage claims.
(9) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than the Commercial General Liability limit
shown in subparagraph (1) above if applicable to the completion of the Services under
this Agreement.
_ Applicable X Not Applicable
(10) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable
to the completion of the Services under this Agreement.
_ Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
(11) Automobile Liability Insurance shall be maintained by the CONSULTANT
for the ownership, maintenance or use of any owned, non-owned or hired vehicle with
limits of not less than:
X Bodily Injury & Property Damage - $ 500,000
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Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(12) Umbrella Liability may be maintained as part of the liability insurance of
the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability,
Commercial General Liability, and Automobile Liability coverages required herein and
shall include all coverages on a "following form" basis.
(13) The policy shall contain wording to the effect that, in the event of the
exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will
"drop down" to apply as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? X Yes No
(14) Professional Liability Insurance shall be maintained by the CONSULTANT
to insure its legal liability for claims arising out of the performance of professional
services under this Agreement. CONSULTANT waives its right of recover against
OWNER as to any claims under this insurance. Such insurance shall have limits of not
less than:
_ $ 500,000 each claim and in the aggregate
X $1,000,000 each claim and in the aggregate
_ $2,000,000 each claim and in the aggregate
_ $5,000,000 each claim and in the aggregate
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(15) Any deductible applicable to any claim shall be the sole responsibility of
the CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(16) The CONSULTANT shall continue this coverage for a period of not less
than five (5) years following completion of all Services authorized under this Agreement.
(17) The policy retroactive date will always be prior to the date services were
first performed by CONSULTANT or OWNER under this Agreement, and the date will
not be moved forward during the term of this Agreement and for five years thereafter.
CONSULTANT shall promptly submit Certificates of Insurance providing for an
unqualified written notice to OWNER of any cancellation of coverage or reduction in
limits, other than the application of the aggregate limits provision. In addition,
CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours
after receipt, of any notices of expiration, cancellation, non-renewal or material change
in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy,
CONSULTANT shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy. CONSULTANT shall promptly submit a
certified, true copy of the policy and any endorsements issued or to be issued on the
policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(18) In the sole discretion of the County, on a work order by work order basis,
CONSULTANT may be required to purchase valuable papers and records coverage for
plans, specifications, drawings, reports, maps, books, blueprints, and other printed
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documents in an amount sufficient to cover the cost of recreating or reconstructing
valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(19) If OWNER notifies CONSULTANT that a project professional liability
policy will be purchased, then CONSULTANT agrees to use its best efforts in
cooperation with OWNER and OWNER'S insurance representative, to pursue the
maximum credit available from the professional liability carrier for a reduction in the
premium of CONSULTANT'S professional liability policy. If no credit is available from
CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to
pursue the maximum credit available on the next renewal policy, if a renewal occurs
during the term of the project policy (and on any subsequent professional liability
policies that renew during the term of the project policy). CONSULTANT agrees that
any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of
OWNER for the provision of project-specific professional liability insurance policy in
consideration for a reduction in CONSULTANT'S self-insured retention and the risk of
uninsured or underinsured consultants.
(20) CONSULTANT agrees to provide the following information when
requested by OWNER or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
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e. Amount (in both dollars and percent) the underwriter will give as a credit if
the policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and
omissions application.
(21) If OWNER elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and OWNER will provide professional
liability insurance, naming CONSULTANT and its professional subconsultants as
named insureds.
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ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 E~ DATE (MMIODIY'YY'1
PASSA-1 01/18/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Oswa~d Trippe and Company, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Box 60139 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ft. Myers FL 33906-6139
Phone: 239-433-4535 Fax:239-433-414B INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A:. The Hartford Insurance Co. 02229
INSURER B: Continental Casual tv 02128
Passarella And Associates, Inc INSURER C'
9110 College Pointe Court INSURER 0:
Fort Myers FL 33919 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
/IN( REQUIREMENT, TERM OR CONDlTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO INHICH THIS CERTifiCATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOV'AII MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE;MMfDDfY'b" DATE.(MMI~ LIMITS
GENERAL LIABILITY EACH OCCURRENCE .1,000,000
- 21SBAG02128 01/22/0S 01/22/09 .500,000
A ~ 3MMERCIAL GENERAL LIABILITY PREMISES lEa occurence)
X CLAIMS MADE ~ OCCUR I MED EXP (Anyone person) .10,000
CONTRACTUAL PERSONAL & ADY INJURY S 1,000,000
X PRIMARY AND NON-CONTRIBUTORY GENERAL AGGREGATE $2,000,000
~': AGGREnE ~LlMIT APPlSIPER: PRODUCTS - COMPIOP AGO $2,000,000
i POLICY ~~8T LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT .1,000,000
A ~ ANY AUTO 21UECIT3533 01/22/08 01/22/09 (Eaaccident)
- ALL OWNED AUTOS BoalL Y INJURY
(Parpllrson) .
- SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
- .
NON-O'vVt'-lED AUTOS (Peracddant)
-
PROPERTY DAMAGE .
I {Per accident)
~~GE LIABIUTY I AUTO ONLY - EAACC1DENT .
I
ANY AUTO I OTHER THAN EAACC .
AUTO ONLY: AGG .
~~SSIUMBRELLA LIABILITY EACH OCCURRENCE $1,000,000
A X OCCUR D CLAIMS MADE 21SBAG02128 01/22/08 01/22/09 AGGREGATE $1,000,000
~ ~EDUCTIBLE .
.
X I RETENTION .10,000 .
WORKERS COMPENSATION AND X ITOR'iLIMiiS I XluER'-
A EMPLOYERS' LIABILITY 21WECNW6272 01/22/08 01/22/09 51,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE 51,000,000
~~~~I~s~:ci'V~s~o~s below EL DISEASE - POLICY LIMIT .1 ODO,OOO
OTHER
B Professional EEH1l3990252 01/22/0S 01/22/09 Occurence 1,000,000
Liabilitv DEO $50 000 Aggreqate 2,000,000
DESCRIPTION OF OPERATIONS f LOCATlONS I YEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Reference Contract: 07-4168
Certificate holder is named as additional insured with interest in insured's
operations with respect to General Liability only per Broad Form SSOO080405.
Col~ier County Board of
Commissioners
3301 E. Tamiami Trail
Nap1es FL 34112
CANCELLATION
COLL330 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRA110N
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER,ITS AGENTS OR
REPRESENTAllVES.
AUTHO REPRESENT
@ACORDCORPORATION 1988
CERTIFICATE HOLDER
ACORO 25 (2001/08)
, 6R
71
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subjeclto the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
168 71
SCHEDULE D
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section
287.055, Florida Statutes, Passarella & Associates, Inc. hereby certifies that wages,
rates and other factual unit costs supporting the compensation for the services of the
CONSULTANT to be provided under the Professional Services Agreement, concerning
07-4168 "Professional Environmental Consulting Services" are accurate, complete
and current as of the time of contracting.
BY:
TITLE: YreS'idEUt
DATE: JO.rzuorj Z I 2008
D-1
16 B 8 "
MEMORANDUM
Date:
January 31, 2008
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 07-4174
"Planning and Assessment of FPF Trail Feasibility Study
in Collier and Lee Counties"
Contractor: Post, Buckley, Schuh & Jernigan, Inc.
Enclosed please find three (3) original contract documents, as
referenced above, (Agenda Item #16B8), approved by the Board of
County Commissioners on Tuesday, January 29, 2008.
An original has been retained in the Minutes and Records Department
and one has also been sent to the Finance Department.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosures (3)
ITEM NO.:
16n
[~
FILE NO.:
ROUTED TO: ~ PRe ...00 ~I
o
o
Di:\IE ~ RECEIVED:
.:...., . fGt.. L)~. [r1\.
1.;()UNTY ATToRNE"
2008 JAN 30 AH 9: 31
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: January 29, 2008
To: Office of the County Attorney
Attention: Robert Zachary
From: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 2667
Re: Contract: 07-4174 "Planning and Assessment of FPL Trail
Feasibility Study in Collier and Lee Counties"
Contractor: Post, Buckley, Schuh & Jernigan, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 29, 2008; Agenda
Item 16.B.8
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, this is a standard contract with no changes. Please forward to
BCC for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciate notification when
the documents exit your office. Thank you.
6~
I' Il;V
C: Claudine Auclair, Trans. Planning - ~ <KJ
\13D!O~- ~ ~ Y--f/lAf'~
-'-,"
MEMORANDUM
TO: Jeff Walker
Risk Management Department
16B 8
FROM: Rhonda Cummings, CPPB, Contract Specialis
Purchasing Department
DATE: January 29,2008
RE: Review of Insurance for Contract: 07-4174 "Planning and
Assessment of FPL Trail Feasibility Study in Collier and Lee
Counties"
Contractor: Post, Buckley, Schuh & Jernigan, Inc.
This Contract was approved by the BCC on January 29, 2008; Agenda Item
16.B.8
Please review the Insurance Certificates for the above-referenced contract
and return to Purchasing when done. Thank you. If you have any questions,
please contact me at extension 8941.
DATE' Dr-
<v:.CEIVED
JAN 28 2008
RISk f,/",...
" ""VlGEHENT
dod/RC
C: Claudine Auclair, Trans. Planning
_.~..'-..,.---~-""'~..- .
16B 8
A G R E E ME NT #07-4174
For
Planning and Assessment of FPL Trail Feasibility
Study in Collier and Lee Counties
THIS AGREEMENT, made and entered into on this ~Cl*'day of ~JCr.nLLa rj ,2008,
by and between Post, Buckley, Schuh and Jernigan, Inc. authorized to do business ill the State
of Florida, whose business address is 5300 West Cypress Street, Suite 200, Tampa, Florida
33607-2507, hereinafter called the "Consultant" and Collier County, a political subdivision of
the State of Florida, Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The Consultant shall commence the work after receipt of the
Notice to Proceed, in the form of a letter from the Project Manager. The contract shall
be for up to maximum period of 164 days in accordance with Exhibit "D" unless
otherwise modified in writing by the County.
2. STATEMENT OF WORK. The Consultant shall provide planning and assessment
services in accordance with the terms and conditions of RFP #07-4174 Planning and
Assessment of FPL Trail Feasibility Study in Collier and Lee Counties and the
Consultant's proposal referred to herein as Exhibit" A" Scope of Services and made an
integral part of this agreement. This Agreement contains the entire understanding
between the parties and any modifications to this Agreement shall be mutually agreed
upon in writing by the Consultant and the County project manager or his designee, in
compliance with the County Purchasing Policy and Administrative Procedures in effect
at the time such services are authorized. These services will be paid for in accordance
the hourly rates as indicated in Exhibit "C".
3. COMPENSATION: The County shall pay the Consultant for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by the County Project Manager or his designee pursuant to the fees as set
forth in Exhibit "B", included in this agreement, together with the Travel and
Reimbursable ExpellEes as defined in this agreement. Payments shall be made to the
Consultant when requested as work progresses, but not more frequently than once per
month, on an estimated percentage complete for each task and at actual costs for Travel
Expenses. Payment will be made upon receipt of a proper invoice and in compliance
with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
Page 1 of 18
J iii
4. TRAVEL AND REIMBURSABLE EXPENSES.
Travel expenses shall be reimbursed at the rates as per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Mileage $0.44.5 per mile
Breakfast $6.00
Lunch $11.00
Dinner $19.00
Airfare Actual ticket cost
Rental car Actual rental cost
Lodging Actual cost of lodging at single
occupancy rate
Parking Actual cost of parkinI':
Taxi or Airport Actual cost of either taxi or airport
Limousine limousine
Reimbursable items other than travel expenses shall be limited to the following: telephone
long-distance charges, fax charges, photocopying charges and postage. Reimbursables will
be paid only after Contractor has provided all receipts. Contractor shall be responsible for all
other costs and expenses associated with activities and solicitations undertaken pursuant to
this Agreement.
5. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Post, Buckley, Schuh & Jernigan, Inc.
482 South Keller Road, Orlando, FL 32810
Attn: Dale A. Crosby, PE, Vice President and Project Manager
Telephone: 407-647-7275
Fax: 407-647-0595
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
Page 2 of 18
16
{)
o
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement
must be in writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, FS., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Consultant. The Consultant shall also be solely responsible for
payment of any and all taxes levied on the Consultant. In addition, the Consultant shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Consultant agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Consultant.
8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, county facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
11. INSURANCE. The Consultant shall provide insurance as follows:
Page 3 of 18
16 8
A. Commercial General Liability: Coverage shall have minimum limits of
$1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability
and Property Damage Liability. This shall include Premises and Operations;
Independent Consultants; Products and Completed Operations and Contractual
Liability.
B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Coml'ensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Consultant during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Consultant shall insure that all sub-Consultants comply with the same insurance
requirements that he is required to meet. The same Consultant shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone
employed or utilized by the Consultant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an inderrmified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Transportation Planning Deparhnent.
Page 4 of 18
.-..._....___m_--r--".+'U_'
16
8'
14. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit A: Scope of Services, Exhibit B; Cost Proposal, Exhibit C;
Consultant's Employee Hourly Rate Schedule, Exhibit 0; Project Schedule, Exhibit E;
Key Personnel and Sub-Consultants, Insurance Certificate, RFP #07-4174 Planning and
Assessment of FPL Trail Feasibility Study in Collier and Lee Counties, Scope of Services
and Addendum #1.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/ or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/ or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/ or
firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Consultant is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the Consultant to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have
the discretion to unilaterally terminate this agreement immediately.
19. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
Page 5 of 18
168 8
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
22. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Consultant.
Page 6 of 18
16 "1
o
8
IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
Dwight E. Brock, Clerk of Courts
da~i? ~/
(SEAL) ..
At: ., U'c:k~ ,
s 1 ~\;'\':':.'(i.;t-/4 o.j~ i J1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.
By:
Tom Henning, Chairman
Post, Buckley, Schuh & Jernigan, Ine.
,
~~~~...-
First ~s D. Nostra
Assi$lllDt Secretary
tType/ print witness namet
~~)Jf)~
Signature
RICHARD M. GRUBEL Senior Vice President
By:
Type/print name and title
y;~~
--
Second Witness
Jbne!k ,L/U/J#2-
tType/ print witness name t
Approved as to form and
legal sufficiency:
~
Print Name
ltem# 1[, B~
~c;~~da ~
Dste ,Ilb/~
Reed ~
i
i
~
,
Page 7 of 18
/"
b "
Exhibit A
Scope of Services
PLANNING AND ASSESSMENT OF FPL TRAIL
FEASIBILITY STUDY IN COLLIER AND LEE COUNTIES
Collier County - Florida Power & Light Trail
The Consultant will assist with the planning of a proposed 12-foot multi-use pathway to be
constructed within the proposed 51-mile Florida Power and Light (FPL) 230KV Transmission
Line Corridor between its Orange River Substation in Lee County and its Orange Tree
Substation in Collier County. Approximately 20-25 miles are located within Collier County.
The Consultant shall have related experience working with utility companies, facilitating
public input, designing pathways facilities as well as negotiating and acquiring different
interests in real estate necessary to successfully complete the project.
The "Trail Study" will be a corridor/alignment study for the northern end of the proposed
FPL Trail in northern Collier County. The distance of the corridor is 20-25 miles with general
limits represented by the red line on the attached off-road corridors map that has been
included in the new Comprehensive Pathways Plan. The study will focus on an area from
Orangetree to the CREW Trust lands near Corkscrew Road in the Lee County line.
The Study shall be comprised of the following elements: public involvement; data collection;
preliminary design; concepts and design criteria; preferred alignments for the trail; cost
analysis, etc. The goal of the assessment is to accomplish conceptual design tasks needed
prior to the acquisition of easements, implementing final design and permitting and
Page 8 of 18
16R
8~
subsequent construction of the subject multi-use pathway. The Consultant shall complete all
work and tasks of the Study, including acceptance by the County of deliverables, within a
maximum period of five (5) months from date of Notice to Proceed.
The project will consist of the following tasks:
Task 1 - Project Start-up MeetinglPathway Advisory Committee Input
The Consultant shall provide details relating to their approach of soliciting input from
nearby residents and businesses as well as from appropriate goverrunental agencies. It is
expected that FPL will participate in one public workshop which should be conducted along
with other activities to appropriately facilitate public and Pathway Advisory Committee
participation. This task shall include:
. Confirm the goals of the project;
. Finalize the Scope of Work as needed;
. Set a refined project schedule;
. Define lines of communication and information exchange;
. Develop a Purpose and Need Statement for the project, creating a clear, objective
measure from which to evaluate alternatives and to aid in obtaining future funding;
. Identify critical issues associated with the creation of a model multi-use pathway;
. Identify desirable" user profile" such as pedestrians, in-line skaters, and bicyclists for
the various connections and links proposed by the plan;
Deliverables: Notes from the meeting; identify final project goals and objectives; and the
framework for communication throughout the planning process.
Task 2 - Compile Base Maps / Document Existing Conditions
Much of the subsequent work will require good base maps to record and convey information.
The focus of this task should be to create a single, large Base Map for the project. This base
map can then serve as the source for more detailed Segment Maps to be used to highlight
opportunities and constraints for the studied pathway and its potential connection to an
emerging countywide bicycle/ pedestrian/ and pathway system.
The Consultant shall:
Page 9 of18
l (,
,
. Obtain and organize digital aerial photos and other existing base information of the study
area from the State, the Pathway Advisory Committee, the County and various involved
governmental agencies;
. Prepare a general Base Map and Segment Maps from the existing information gathered
above for the various focus areas of study;
. Please see Task 4 for Community Outreach and Public Meetings
Task 2.1
Existing Conditions - Data Collection
The Consultant will seek a clear understanding of existing site conditions as well as the
conditions of potential nearby connections. These conditions should be documented, along
with constraints and opportunities, as well as include recommended nearby improvements
needed to realize the pathways potential as a neighborhood non-motorized transportation
system.
Task 2.2 Physical Inventory and Evaluation
The Consultant shall conduct limited field analysis in addition to compiling the following:
. Available GIS information;
. Municipal Boundaries/Right-of-Way;
. Local and Regional Trail Connections;
. Connections to On-road Bicycle and Pedestrian Facilities;
. Connections to Off-road Facilities;
. Topographic and Soils Data;
. Natural Resource Inventories;
. Adjoining Land Uses;
. Cultural, Historic & Archeological Resource Inventories;
. Other Existing Utilities;
. Property Ownership/Tax Maps;
. As-Builts for Adjoining Roadways, Intersections & Markings;
. Aerials of Study Area.
Field investigations will be limited to areas of critical concern based on evaluation of existing
available aerials, environmental maps, and other data outlined above.
It is assumed that the County will assist by providing GIS data and other available
information from their database in support of this effort.
Task 2.3 ROWand Design Needs of FP&L
Page 10 of18
16B
8
1
The Consultant shall be available to work closely with the identified FP&L representative to
ensure their involvement throughout the planning process. Designs, reports and treatments
shall be accomplished in cooperation with the utility company and other appropriate
regulatory agencies.
It is assumed, the County will provide ownership maps in a GIS format for the properties
within the study area. This will be in a digital format. Individual property owners will be
identified to assist in the determination of the number of property owners there are in the
trail alignment study area that will affect the ability to provide public access. It is also
assumed that the County will provide adjacent homeowner association information along the
corridor to identify potential contacts for the public meeting and possibly future contacts
when the design phase is implemented. Properties that may require easements in the future
will be identified.
Deliverables: Base Map of the study area with existing conditions, opportunities and
constraints.
Task 3 - Preliminary Development of Conceptual Designs
This section will reflect a vision of the trail project that sparks interest and have utility for
public meetings, funding requests and future planning. The Consultant shall provide the
following services related to conceptual alignments, preliminary design and alternatives
study.
3.1 Conceptual Alignments
. Identify potential alternatives for the Study Area that provide desired connection,
extension or improvements using information gathered in:
Additional field analysis,
Results of Task 2, or previous studies
. Alignments to be considered will include the FPL right-of-way, the Oil Well Road
corridor and other alignments identified within the Study Area.
. Include other potential community connections
. Preliminary recommendations on intersection treatments
. Identify Public Access points
. Review alignment against State and Federal Requirements
. Review alignment against the Purpose of Need Statement
. Analyze the conceptual alignment for potential impacts to identified environmental,
cultural, historical or archeological resources
. Review utility and right-of-way information for impacts or conflicts with the proposed
alignments
3.2 Typical cross sections, preliminary alignment, details and concepts shall be included to
illustrate how each of these projects will look conceptually and offer design guidelines. The
Consultant will prepare preliminary alignment of the study area maps and typical cross
Page 11 of 18
'41
sections for viable alternatives - taking into account FP&L maintenance clearance
requirements.
3.3 Trailhead Alternatives and Preliminary Roadway Crossing sketches shall be included
to illustrate how users will access the project and how users will safely cross intersecting
roadways.
Deliverable: Preliminary Alignment, Sections, and Sketches for client review and comment.
Task 4 - Community Outreach - Public Meeting
Seeking input from interested citizens, businesses, and organizations is vital to the success of
pathways in Collier County. The Consultant should be familiar with public education
practices and understand the unique oppositional attitudes towards public pathway projects.
The Consultant shall establish an open process that is responsive to the concerns of the
citizens and provides for timely involvement that influences the decision-making process.
The Consultant shall develop a process that creates an understanding of the issues and
provides participants the opportunity to be sufficiently prepared to react with confidence to
the program deliverables. A period of each meeting will be devoted to questions and
answers and to provide the public an opportunity to identify and provide information about
problem areas.
The following tasks reflect a minimum standard for community outreach.
. A public workshop designed to incorporate citizen input to the planning process;
. Comprehensive database of all local businesses and organizations within the project
scope, mailing lists from local and regional officials, community service organizations,
environmental agencies, statewide groups, county contacts, agency lists and related
advisory boards and special interest groups;
. Press release(s);
. Standardized interest survey;
. Review draft Executive Summary of the master plan to portray the project and offer
recommended action steps for the next phase of development.
Deliverables: notes and summaries from public workshop, press releases; draft Executive
Summary with public comments; database of participants and stakeholders available in
report as appendix.
Task 4.1
Presentations
The Consultant will be available to provide maps, press releases advertisements, audiovisual
displays and similar materials to make an additional presentation to Board of
Commissioners, staff and special interests groups upon request.
Page 12of18
16 "
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Task 5 - Implementation
The Consultant shall work with staff from the MPO, parks and recreation department,
planning department, and PAC members to formulate an implementation plan that includes
details on cost, responsible agency (ies), scheduling, and appropriate funding for the target
projects. Tasks to include:
Task 5.1 Management and Maintenance
The Consultant will estimate maintenance and other operating expenses (including security
recommendations) based on facilities in central and southwest Florida and comparable
regions. A recommended maintenance program will be developed that identifies minimum
tasks and schedules including erosion control, street sweeping, surface repair, and other
efforts.
Each segment will be evaluated according to an estimated cost-per-mile and estimated
ongoing maintenance and operation costs by implementation phase based on comparable
expenences.
The County responsibility will also be identified, as will the relationship to possible funding
and specific requirements.
Task 5.2 Cost Estimates
The Consultant will prepare cost estimates using the System Database listing detailed
information on each proposed segment length, corridor condition, and other information,
The costs will be separated between land cost (if any), site preparation, planning, design and
engineering costs, construction costs, and environmental documentation/ mitigation costs (if
any). The Consultant will use the latest unit costs experienced by the local city and County
Public Works and Parks and Recreation Departments together with the most recent figures
from comparable communities in Florida.
Task 5.3 Funding Requirements
The Consultant will identify potential matching and major funding sources, compile criteria
and requirements, assist with completing applications, design this study to serve as an
appendix to the funding application, and relate anticipated schedule of funding to the target
projects. Costs of the projects will be compared with funding needs, so that long term
programming for local matching funds can be accomplished.
This funding has come from a variety of sources including but not limited to:
. Local public works and parks and recreation;
. State agencies;
. Bike Transportation Account;
. Florida Forever;
. Federal government;
. TEA-21 (composed of eight separate funding sources);
Page 13 of 18
c 8~
. Nonprofit organizations;
. Corporate sponsors;
. Zoning requirements;
. Development fees;
. Air quality grants.
The Consultant shall explore all funding options from public and private sources, contacting
our network of funding specialists around the u.s. to determine availability and
requirements for grants.
Deliverables: Proposed list and description of funding sources with contact information.
Task 6 - Pathway Report
This section of the study will end with a written report summarizing the work that was
completed in Tasks 3.1 and 3.2, as well as the independent work conducted by the PAC for
pathway connections as identified in this scope.
Deliverables: Final draft of Task 3 Report formatted to become part of the final project
report.
Task 6.1 Time Line & Implementation
. Identify additional study items that still need to be completed
. Outline" Action Plan" for determining the next steps in developing a countywide
system of pathways
. Identify potential funding sources available to help implement this project
DeliverabIes: Project time line, list of follow-up activities and additional studies
Task 6.2 Final Report
. Compile all prior work for inclusion in the final report
. Submit first draft to the Steering Committee for review and comment
. Edit the draft Final Report to reflect relevant comments
. Prepare Executive Summary for public distribution
. Submit the Final Report with Executive Summary to the PAC and Board of County
Commissioners for acceptance
Deliverables: Final report in hard copy and electronic format.
Task 7.0 Project Administration
The project will be executed by Consultant based on the foregoing Scope of Work, the project
area and the project schedule. Periodic monthly billings will be submitted to the County for
Page 14 of 18
16 8
review and approval along with monthly progress reports. Progress billings will occur based
on the percent of work completed for each monthly period charged against the lump sum fee
for the project. Reimbursable expenses will be included in the lump sum fees.
Exhibit B
Cost Proposal
Task 1- Project Start-up $11,165
MeetinglPathway Advisory
Committee
Task 2 - Data Collection $101,375
Task 3 - Preliminary Development $85,751
of Conceptual Design
Task 4 - Public Meeting $35,524
Task 5 - Implementation $30,419
Task 6 - Pathway Report $34,232
Task 7 - Project Administration $9,104
Reimbursables
TOTAL FEE $307,570
Pagel5of18
Exhibit C
Consultant's Employee Hourly Rate Schedule
PeIsonnel Classifications
Rate
Project Director
$188.00
Sr. Project Director
$145.00
Civil Engineer
$105.00
Sr. Engineer (Structural)
$135.00
Environmental Scientist
$ 85.00
Senior Landscape Architect (QA/QC)
$145.00
GIS Technician
$ 90.00
CADD Operator
$ 75.00
Administration/ Clerical
$ 50.00
16
This list is not intended to be all-inclusive. Hourly rate fees for other categories of
professionaL support and other services shall be mutually negotiated by the County.
Page 16 of 18
8"
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Exhibit D
Project Schedule
Schedule is based on the number of calendar days from issuance of Notice to Proceed.
1. Task 1- Project Start-up
Meeting/Pathway Advisory
Corrunittee
14 Days
2. Task II - Data Collection
28 Days
3. Task III - Preliminary Development of
Conceptual Design
49 Days
4. Task IV - Public Meeting
104 Days
5. Task V - Implementation
120 Days
6. Task VI - Pathway Report
150 Days
7. Task VII - Project Administration
164 Days
Page 17 of 18
Q~
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168 B
Exhibit E
Key Personnel and Sub-Consultants
Following is a listing of all key personnel Consultant intends to assign to the Project to perform
the Services required hereunder. Such personnel shall be committed to this Project in
accordance with the percentages noted below. Consultant also has identified each
subconsultant and subcontractor it intends to utilize on the Project. All personnel,
subconsultants and subcontractors identified in this Exhibit shall not be removed or replaced
without County's prior written consent.
Dale Crosby
Project Director/Principal 20% (Estimated
Typical)
Senior Project Manager 26%
Mike Peel
Tracy Boehmer, JarivetteVelez,
John Ireleland
Civil Engineer 32%
Ken Zagers
Sr. Engineer (Structural) 6%
Environmental Scientist 9%
Sr. Landscape Architect 4%
(QA/QC)
GIS Technician 10%
CADD Operator 25%
Admin/ Clerical 4%
Davidowicz/Ramon Mendieta
Denise Fassnacht
Charles Justice, Steve Drake
Winena Jones-Christian
Carol Jotham, Angela Lawrence,
Cynthia Ginkinger
Sub-Consultants
RTC
Borellie & Partners
Alta
Page 18 of18
16
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-I
ACORQ. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlODfYY)
01/04/08
PRODUCER 1-866 220-4625 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Holmes Murphy and Associates - Omaha ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENO OR
2637 South 158th Plaza ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 200
Omaha, NB 68130 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Zurich American Insurance Company/#16535
Post, Buckley, Schuh k Jernigan, Inc.
d/b/a PBS&:J INSURER 8: Zurich American Insurance Company I #16535
2001 NW l07th Avenue INSURER C: Steadfast Insurance Company/#26387
Miami, FL 33172-2507 INSURER 0:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
II~;~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRA nON LIMITS
A ~ERALLlABILlTY GLO 9139458-01 09/30/07 09130108 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fira) $ 1,000,000
I CLAIMS MADE 0 OCCUR MED EXP (Anyone parson) $ 25,000
X Contractual Liability PERSONAL & ADV INJURY $1,000,000
f---
f-- GENERAL AGGREGATE $ 2,000,000
n'L AGG~~EILlMIT AP~S PER' PRODUCTS-COM~OPAGG $ 2,000,000
POLICY X ~W,: X LOC
B ~TOMOBILE LIABILITY BAP 9139457-01 09130/07 09/30/08
COMBINED SINGLE LIMIT $ 2,000,000
X ANY AUTO (Eaaccidenl)
f--- ~_.
f--- ALL OWNED AUTOS BODILY INJURY
(Per person) ,
- SCHEDULED AUTOS
X HIRED AUTOS BODILY INJURY
- (Per accident) ,
X NON-OWNED AUTOS
- Liability
'-"- Contractual PROPERTY DAMAGE
I (Par accident) ,
, AUTO ONLY. EA ACCIDENT ,
'"lAGE LIABILITY
ANY AUTO OTHER THAN EA ACC ,
AUTO ONLY: AGG ,
C EXCESS LIABILITY AUC 508762103 09/30/07 09/30/08 EACH OCCURRENCE $ 25, 000, 000
2J~OCCUR D CLAIMS MADE AGGREGATE $ 25,000,000
-~._----
,
==1 DEDUCTIBLE - ,
RETENTION ,D $
A WORKERS COMPENSATION AND we 9139459-01 09/30/07 09130/08 xl WCSTATU- I IOJbl-
EMPLOYERS' LIABILITY $1,000,000
EL EACH ACCIDENT
~l2!SEASE . EA EMPLOYE $ 1,000,000
EL DISEASE. POLICY LIMIT $ 1,000,000
OTHER
$
$
$
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLES!EXCLUSIONS ADDED BY ENDORSEMENTfSPECIAl PROVISIONS
RE: Contract - #07-4128 "Planning and Assessment of FPL Trail Feasibility Study in Collier and Lee Counties
Collier County, Florida is an Additional Insured on the General Liability, including Completed Operations (GL ONLY) and
Automobile Liability on a Primary basis with respect to the operations of the insured on the above project. Waiver of
Subrogation on the Workers compensation in favor of the Additional Insured.
See attached for additional wording.
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER lETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Board of County commissioners DATE THEREOF, THE ISSUING INSURER WILL ~'Y~'@:MAIL 90 DAYS WRITTEN
-
Collier County, Florida NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT,
3301 East Tamiarni Trail """'"
Naples, FL 34112 AUTHORIZED REPRESENTATIVE ~2fJe
, USA
ACORD 25-5 (7/97) rflatowicz
7918964
"ACORO CORPORATION 1988
16 ,-.
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8
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pOlicies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORO 25-8 (7/97)
16
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8
SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
01/04/08
NAME OF INSURED: Post, Buckley,. Schuh oX Jernigan, Ine.
d/b/a PBS&.J
Additional Insured on the General Liability oX Auto Liability on a Primary &. Non-Contributory basis, including
completed operations "Where Required by Contract" (GL ONLY). General Liabiltiy Aggregate limit applies per Project
Blanket Additional Insured Lessor/Loss Payee on the Auto Liability. waiver of Subrogation on the General Liability
Auto Liability, and workers Compensation "Where Required by Contract". Umbrella follows for.m to the Additional
Insureds on the General Liability.
supp (10/00)
1 , n ( )
ACDBQ CERTIFICATE OF LIABILITY INSURANCE'" 0 l.J , IJ DATE (MMfDDIYYYV)
01/04/2008
PRODUCER (05)822-7800 FAX (305)362-2443 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Collinsworth Alter Fowler Dowling & French Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. D. Box 9315 ALTER THE COVERAGE AFFORDED BY THE POLICIES 8ELOW.
Miami Lakes, FL 33014-9315
Attn: Anna Ramirez, ext 120; aramirez@cafdf.com INSURERS AFFORDING COVERAGE NAIC#
INSURED Post, Buckley, Schuh, & Jernigan, Inc. INSURER A' Lloyds of London A XV
d/b/a PBS&J INSURER B"
2001 NW 107 Avenue INSURER C
Miami, FL 33172-2507 INSURER D"
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~~ N~~r
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
LIMITS
GENERAL LIABILITY
-
COMMERCIAL GENERAL LIABILITY
I CLAIMS MADE D OCCUR
EACH OCCURRENCE
DAMAGE TO RENTED
$
$
$
$
$
PRODUCTS. COMP/OP AGG $
MED EXP (Anyone person)
PERSONAL & ADV INJURY
-
-
GEN'L AGGRf'EGAT'fE LIMIT AP r'lPLlES, PER
--, _ PRO-
I POLICY JECT LOC
AUTOMOBILE LIABILITY
-
-
-
_ SCHEDULED AUTOS
_ HIRED AUTOS
_ NON.OWNED AUTOS
GENERAL AGGREGATE
ANY AUTO
COMBINED SINGLE LIMIT $
(Eaaccident)
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
(Peraccidenl)
AUTO ONLY - EA ACCIDENT $
OTHER THAN EAACC $
AUTO ONLY: AGG $
EACH OCCURRENCE $
AGGREGATE $
$
$
$
WC STATU" IOIot!-
ALL OWNED AUTOS
-
~~GE LIABILITY
I ANY AUTO
~ESS/UMBRELlA LIABILITY
--.J OCCUR D CLAIMS MADE
I DEDUCTIBLE
I RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
OT"""
protessional/
A Pollution L iabil ity
E,L. EACH ACCIDENT $
EL DISEASE. EA EMPLOYE $
EL DISEASE. POLICY LIMIT $
LDUSA0700811 09/30/2007 09/30/2008 $1,000,000 Limits
Ea Claim and Annual Aggregate
CLAIMS-MADE FORM 11/11/1961 Retrodate
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
E: Contract No.: 07-4128; Planning and Assessment of FPL Trail Feasibility Study in Collier and Lee
ounties.
ssuing company will provide 30 days written notice of cancellation; 10 days for non-payment.
BS&J at 482 South Keller Road, Orlando, FL 32810
Coll ier County
Board of County Commissioners
3301 E. Tamiami Trail
Naples, FL 34112
"AW'ELLATION
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAil SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
""RTIFI""TE '"'' nER
OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
04~~",,//
Meade Collinsworth/ANNA
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
..'~ ,/}' 8
l) "
.1("
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP -l~,j 6 n 10
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 0
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should he hand delivt:red to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only .!.f!:!;r the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or mformation needed. If the document is already complete with the
excention of the Chairman's sipnature, draw a line throuph routinp" lines #] throuph #4, comnletc the checklist and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in cautino order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of COurt'S Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the
item)
Name of Primary Staff Nick Casalanguida Phone Number 417-6064
Contact
Agenda Date Item was 01-29-08 Agenda Item Number 16 b 10
Annroved bv the BCC
Type of Document Resolution 1,~.....tt\ Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signedlinilialed for legal sufficiency. (All documenls to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk 10 the Board and ossibl State Officials.)
All handwritten strike-Ihrough and revisions have been initialed by the County Attorney's
Office and all other arties exce I the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" labs are placed on the appropriate pages indicating where Ihe Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of aUf deadlines!
The document was approved by the BCC on 01-29-08 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
Vb
Ves
(Inilial)
NI A (Not
A licable)
u~
2.
"I"'
3.
L.b
4.
uo
5.
v~
6.
I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
RESOLUTION- 08-~
(~oJ\ [YO~i1l~
~\ \ I) (e~\\\t
16810
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
CERTIFYING THE DEDIC A TION AND ACCEPTANCE OF
A PORTION OF WESTCLOX STREET IN IMMOKALEE,
WEST OF CARSON ROAD, TO COLLIER COUNTY
PURSUANT TO SECTION 95.361, FLORIDA STATUTES,
BY VIRTUE OF COUNTY'S CONTINUOUS AND
UNINTERRUPTED MAINTENANCE OF THE ROADWAY,
AND AUTHORIZE THE FILING OF THE APPROPRIATE
MAP(S) WITH THE CLERK OF THE CIRCUIT COURT.
WHEREAS, Section 95.361, Florida Statutes, provides a mechanism by which a road
shall be deemed dedicated to the public if it is continuously maintained and repaired by a
county, a municipality, or the Department of Transportation to the extent of the width that
actually has been maintained or repaired for the prescribed period, whether or not the road
has been formally established as a public highway; and
WHEREAS, in the event the original builder of a road cannot be determined, Section
95.361, Florida Statutes requires the continuous and uninterrupted maintenance by a county,
a municipality, or the Department of Transportation for the immediate past seven (7) years
before such road be deemed to be dedicated to the public; and
WHEREAS, Collier County has continuously and uninterruptedly maintained
2,608.51+/- feet of a 60-foot wide right-of-way known as Westclox Street (formerly known
as Westclock Road), west of Carson Road, in Immokalee for the immediate past 10 years,
and as such; said right-of-way has been statutorily dedicated to Collier County; and
WHEREAS, the Board of County Commissioners desires to accept and certify the
statutory dedication of this portion of Westclox Street, more particularly described in Exhibit
"A," and authorize the filing of the appropriate map(s) with the Clerk of the Circuit Court
pursuant to Section 95.361, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUlNTY, FLORIDA, that the statutory dedication of
2,608.51 +/- feet of the 60-foot wide right-of-way known as Westclox Street (formerly known
as Westclock Road), west of Carson Road, in Immokalee and more particularly described in
Exhibit "A," is hereby certified and accepted, and the appropriate map(s) shall be filed with
the Clerk of the Circuit Court pursuant to Section 95.361, Florida Statutes.
Page I of2
16010
BE IT FURTHER RESOLVED that this Resolution be recorded in the Public
Records of Collier County, Florida.
~
This Resolution adopted after motion, second and majority vote this )'1 day of
)n"-Ur\("'\.4
C
,2008.
. ... ':,'
A TrEST:
DWIGHT E. BROCK;~ CLERK
By:
Atust u..,tosCha~nr.<1n, 9
Sj~4tlHj 001-
Approved as to form
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLI~UNTY ORIDA
BY:~
TOM HENNING, CHAIRMAN
~---rz:.- '
Page 2 of2
'''1
'1 _/1
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A 60' WIDE ROADWAY EASEMENT
COLLIER COUNTY, FLORIDA
A STRIP OF LAND LOCA TEO IN THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 46
SOUTH, RANGE 29 EAST, AND ALSO LOCA TED IN THE SOUTHEAST 1/4 OF SECTION
30, TOWNSHIP 46 SOUTH, RANGE 29 EAST. COLLIER COUNTY, FLORIDA. BEING
MORE PARTlCULARL Y DESCRIBED AS FOLLOWS:
LEGAL DESCRIPTION
COMMENCE A T THE NORTHEAST CORNER OF SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29
EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S 89"29'35" W, ALONG THE NORTH LINE OF
SAID SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, FOR A DISTANCE OF 30.00 FEET TO
A POINT ON THE WESTERL Y RIGHT OF WA Y LINE EXTENDED OF THE CARSON ROAD AND THE
POINTOFBEGlNNING OF THE HEREIN DESCRIBED STRIP OF LAND; THENCE RUN S 00"55'26" E
FOR A DISTANCE OF 30.00 FEET; THENCE RUN S 89"29'35" W, FOR A DISTANCE 2608.26 FEET,'
THENCE RUN N 01"25'11" W, FOR A DISTANCE OF 30.00 FEET; THENCE RUN N 00'09'21" W,
FOR A DISTANCE OF 30.00 FEET,- THENCE RUN N 89"29'35" E, FOR A DISTANCE OF 2608.51
FEET,' THENCE RUN S 0070'25" E, FOR A DISTANCE OF 30.00 FEET AND TO THE POINTOF
BEGINNING; CONTAINING 3.593 ACRES, MORE OR LESS.
NOTES:
1.) BEARINGS SHOWN HEREON REFER TO THE TO THE NORTH LINE OF SECTION 31, TOWNSHIP 46
SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. AS BEING S 89"29'35" W.
2.) SUBJECT TO EASEMENTS, RESERVA TlONS AND/OR RESTRICTIONS OF RECORD.
3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF
SIGNATURE DATE SIGNED:
ERIC V. SANDOVAL (FOR THE FIRM - LB-734)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5223
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
EXHIBIT
I A ,r-1?-
* THIS IS NOT A SURVEY *
DRAWN BY: JP JOB NO.: 07716.00 SHEET 1 OF 2
5621 BannerOrive
Fort Myers, Florida 33912
2392781992. FAX 239,278 0922
E-MAIL: info@tkwonline.com
Engineering Certification # 5762
Survey LB # 734
LEGAL DESCRIPTION
A 60 WIDE ROADWAY EASEMENT
WESTCWX STREET
SECTION 30&31, TOIYNSHIP 48 SOlITH. RANCE 29 EAST.
COLLIER COUNTY; FLORIlJA
DATE: NOVEMBER 2007 DRAWING: OFF-SITE-SW-ESIlT.DWG
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EXHIBIT ROAD
I A I f'l2-
16 B 11
MEMORANDUM
Date:
February 21, 2008
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Ann Jennejohn, Sr. Deputy Clerk
Minutes & Records Department
Re:
Contract #08-5033: "Immokalee Road
Streetscape Beautification Project"
Contractor: Vila & Son Landscaping Corp.
Attached please find one original contract document, as referenced
above, (Agenda Item #16B11) approved by the Board of County
Commissioners on Tuesday, January 29, 2008.
The Minutes & Records Department has also retained an original copy
which will be kept as part of the Board's permanent record.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachments (1)
16 B 11
ITEM NO.:
DATE RECEIVED:
FILE NO.:
ROUTED TO: 0 g - P A a . 00 W''f 7
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: February 19, 2008
To:
Robert Zachary
Assistant County Attorney
From:
Brenda Brilhart
Purchasing Agent
239-252-8446
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Re:
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Contract #08,5033 Immokalee Road Streetscape Beautification Project -:-:-
Contractor: Vila & Son Landscaping Corp.
.s=-
o
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 29, 2008; Agenda Item
16. B,ll
This item has not been previously submitted,
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature afteI approval. Ifthere are any questions
concerning the document, please contact me, Purchasing would appreciate
notification when the documents exit your office. Thank you.
/ /,/' I- @
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MEMORANDUM
TO: Jeff Walker
Risk Management Department
FROM: Brenda Brilhart
Purchasing Department
DATE: February 19, 2008
RE: Review of Insurance for Contract No. 08-5033 Immokalee
Road Streetscape Beautification Project
Contractor, Vila & Sons Landscaping
16B11
This Contract was approved by the BCC on January 29, 2008;
Agenda Item 16. B.11
Please review the Bonds and Insurance Certificate in this Agreement
for the above-referenced contract. If everything is acceptable, please
forward to the County Attorney for further review and approval. Also
will you advise me when it has been forwarded. Thank you. If you
have any questions, please contact me at extension 8446.
02/20/2008 15:00
2392579034
VILA AN SON
1~ BIll
RESOULUTION OF BOARD OF DIRECTORS OF
VILA & SON LANDSCAPING CORPORA TON
At a Special Meeting of the Board of Directors of Vila & Son Lalldscaping Corporation, a
Florida corporation, held on Januarv 8th. 2008 at 8:00 am, the fOllowing persons were present,
being all of the DiIectors and Officers of the COIpomtiOll: Juan Cados Vile, President; Ricardo
Leal, Vice-President; Baudilio B. Vila, Vice President, SecIetary & Treasurer. A quorum being
present, the following resolution was unanimously adopted, and said Iesolution has not been
amended, modified or .rescinded:
Resolved, that with respect to contracts and subcontracts between Vila & Son Landscaping
Corporation and Owner's, General Contractors, and other organizations contracting with said
corporation ro perform landscaping &. irrigation services, the following individllals are hercby
authorized to execute, contracts, subcontracts, bonds, monthly requests for payment and all
related releases of/iens and, in addition are further authorized to enter into Subcontractm's
ChllIlge Order;, with the appropriate patties:
Brett Ashley
Keith O'Neil
Ariel Caballero
Wade Chapman
GcneIal Manager, West Palm Beach Branch
General Manager, Orlando Branch
General Manager, Miami Bran.eh
General Manager, FI. Myers Branch
There being no further business to come hefore the meeting, it is upon motion duly made,
seconded, and unanimolls1y carried, adjourned.
iN WITNESS \VHEREOF, I have signed this Resolution t
f January 2008.
(Co/:porata Seal)
AITE1~ (j. ~
Secretary
STATE OF FLORIDA
COUNTY OF DADE
On this 8th day of January, 2008 before me persollally appeared JUA
did depose and say that as the President ofViJa & Son. Landscapill
described in and which executed the foregoing Resolution; t
affixed to said instr1.1mem: as such corporate seal; that it w
DirectorsQf said co ration and the signed their names
'i~ MYt::::i:=ms
El(PfAES:Jont.o".~:lllli
!lMdIId1'llu~Pab't~1'I
RLOS VILA swom,
o oration, the eOlporation
ow the seal; that it wa,
IX by order of the Board of
like order.
Immokalee Road Streetscape Beautification Project
COLLIER COUNTY BID NO. 08-5033
COLLIER COUNTY, FLORIDA
Design Professional:
McGee & Associates
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
16 B 11
16811
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D, AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by McGee & Associates
and identified as follows: Immokalee Road Streetscape
Beautification Project
as shown on Plan Sheets 1 through 117.
EXHIBIT N: Contractor's List of Key Personnel
16 B 11
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Immokalee Road Streetscape Beautification Project
COUNTY BID NO. 08-5033
Separate sealed bids for the construction of Immokalee Road Streetscape
Beautification Project, addressed to Mr. Steve Carnell, Purchasing Director, will be
received at the Collier County Government Complex, 3301 Tamiami Trail East,
Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M.
LOCAL TIME, on the 10th day of January 2008, at which time all bids will be publicly
opened and read aloud, Any bids received after the time and date specified will not be
accepted and shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 3rd
day of January 2008, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Immokalee Road Streetscape Beautification Project
Bid No. 08-5033 and Bid Date of January 10, 2008. No bid shall be considered unless it
is made on an unaltered Bid form which is included in the Bidding Documents, The Bid
Schedule (GC-P-1 through GC-P-12) shall be removed from the Bidding Documents
prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined at the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida
34112.
Copies of the Bidding Documents may only be obtained at the Collier County
Purchasing E-Procurement site: www.collierqov.netlbid. Bidding Documents obtained
from sources other than Collier County Purchasing may not be accurate or current.
The following plan room services may have obtained copies of the Bidding Documents
for the work contemplated herein:
McGraw-Hili Construction Dodge
2830 Winkler Avenue, Suite 104A
Ft. Myers, FL 33916
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
GC-PN-1
16811
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney,
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications,
The Successful Bidder shall be required to finally complete all Work within one
hundred and eighty (180) calendar days from and after the Commencement Date
specified in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 7th day of December 2007.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Isl Stephen Y. Carnell, C.P,M,
Purchasing and General Services Director
GC-PN-2
16 B 11
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1,1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative,
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation,
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents,
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
GC-IB-t
16 B 11
location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Reauirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award, Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders, All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Riaht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
GC-IB-2
16 B 11
Section 5. Sianina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative, The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
GC-IB-3
16 B 11
opening of Bids, Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Reauirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
GC-IB-4
16 B 11 ~
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work, Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents, Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid,
12,3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners, Award of Contract will be made by the Board of
County Commissioners in public session, Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
GC-IB-5
16 811
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218,80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
GC-IB-6
16 B 11
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
GC-IB-7
~ 16811 ·
COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G"
NAPLES, FLORIDA 34112
(239) 252,8446
FAX (239) 252-6697
www.colliergov.net/purchasing
ADDENDUM
DATE:
January 4, 2008
TO: Interested Bidders
FROM: ~renda Brilhart, CPPB, Purchasing Agent
SUBJECT: Addendum # 1, Bid # 08-5033 - "Immokalee Road Streetscape
Beautification Project"
Addendum #1 covers the following change for the above-referenced solicitation:
REPLACE: Bid schedule with revised attached. Bidders must use the Addendum Bid
Schedule in order to be considered for award.
CLARIFICATION:
. No sod in medians
. Bid schedule updated with tree specs -- B+B are acceptable if trees meet grade
and standards.
. The Crown of Thorns are grown at American Farms.
. As-builts provided to the County upon completion of the project. Finalized CAD
drawings will be supplied to the County by the Landscape Architect of Record.
. Omni locate balls were added to the bid tabulation. Include the cost for
installation only, 75' on center along the bubbler lateral!.....main line with no
valve wirinQ, at the change of direction of bubbler laterals and at the end of
direction&bores,
. The Alternates from the original bid form were removed, A list of" BY COUNTY"
items is included. These are typical items that Collier County manages.
. A line item was added to allow time for the Contractor to locate existing sleeving
installed through the road construction.
. The existing mixing chamber will be removed by the County and is not to be
included as a part of this bid,
cc: Pamela Lulich, Project Manager/ATM
Encs: Bid Schedule
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16811
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Immokalee Road Streetscape Beautification Project
BID NO. 08-5033
Full Name of Bidder l) L Q Q.i-. '\- CCi~\, 5a i l.(t)(v [1( 1) ~i'...c(< 0 (["; Cp.
Main Business Address l1 \ ~l C") " ?Xl C. t l \r~' ", ,.' \2 A .-'
H"\\"\.'~': ':, .' {,~'. 1-2..c)"c
~ I ,.\ {_ \ _.J ~. .~J '-...) '--/--~
Place of Business
Telephone No. a<.,C\ ~ Lt\ ('Cc' ,)-IOCFax No. ,.:..:) 2{1. ({loee" q leX;,
State Contractor's license # C-, (-:yC'_. CCpC;-li :3.
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
GC-P~1
BID SCHEDULE
Immokalee Road Streetscape Beautification Project
Bid No. 08-5033
Bid Schedule Provided Under Separate File
GC-P-2
16 B 11
16 B 11
';\ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G"
NAPLES, FLORIDA 34112
(239) 252-8446
FAX (239) 252-6697
www.colliergov.net/purchasing
ADDENDUM
DATE: January 4,2008
TO: Interested Bidders
FROM: Brenda Brilhart, CPPB, Purchasing Agent
SUBJECT: Addendum # 1, Bid # 08-5033 - "Immokalee Road Streetscape
Beautification Project"
Addendum #1 covers the following change for the above-referenced solicitation:
REPLACE: Bid schedule with revised attached. Bidders must use the Addendum Bid
Schedule in order to be considered for award.
CLARIFICATION:
. No sod in medians
. Bid schedule updated with tree specs -- B+B are acceptable if trees meet grade
and standards.
. The Crown of Thorns are grown at American Farms.
. As-builts provided to the County upon completion of the project. Finalized CAD
drawings will be supplied to the County by the Landscape Architect of Record,
. Omni locate balls were added to the bid tabulation. Include the cost for
installation only, 75' on center along the bubbler lateral~main line with no
valve wirina. at the change of direction of bubbler laterals and at the end of
direction&bores.
. The Alternates from the original bid form were removed. A list of" BY COUNTY"
items is included. These are typical items that Collier County manages.
. A line item was added to allow time for the Contractor to locate existing sleeving
installed through the road construction.
. The existing mixing chamber will be removed by the County and is not to be
included as a part of this bid.
cc: Pamela Lulich, Project Manager/ATM
Encs: Bid Schedule
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16 B 11
MATERIAL MANUFACTURERS
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL
MANUFACTURER
1.
! r C ~
\: ' ( -I-Jr., -, . t, -. lj
~ ~;~Y~n \}CC l~; ~j~~~(~~ql~
~ \: :1 D/1; d c, \_D,~ J/ , (Cl..:Ar."ciJi!S leI r~
<,'\
2.
po (); I' \ \1-\ (l-\:' \ \(-' r
. . ft r
l :\ .\,r G J..." ri-\ ,\\..cr\ CUD \)
I '~ . ,
3. U\ !\ I r~'> Sh L(, () {A: (J~\(l.. C
4. ~
5.
Dated \' I. C' - c ~,
\~'( C c: C\. Lff)i~~ tv1t )(li'l(J:.:".\
Bidder '~\
'~k~~' .~
BY:
GC-P-3
16 B 11
,4
LIST OF SUBCONTRACTORS
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
Cateqorv of Work
1. OJ Q ILQ-*'-cn (:::n Ui ~0
Subcontractor and Address
2.
3?f1 7)-
3,
4.
5.
Dated ,- to ' C~)
:k .
U \ tQl <AC-{'~;r-\- LU~ df' &pt }.~~!
Bidder ; ,
~-2t -
~J~
BY:
GC-P-4
STATEMENT OF EXPERIENCE OF BIDDER
16Bll~
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
Reference
1 l 'I .
. J{)S ~ (1 Q.i I'D Q Q 0n \Cf!~ ~ Q ~ ~ i'--Q(~l{J.-
(\ ... f. r, . C' fi' ~:;. '3- q -- ~ ~ .Y dll {
~lx...X.~V. r'" ~.' (, "'--
2. 61 <; q \ '-:~l.~i, )(1~ lee ~\rd I.Lt.>::, brJo'?tfv.-..JC f',
lLC (iir. ,;;~q IlL( -- ylg)...
3. Tx~ II ( " Q i'l ~ n.j{~ /1 )(1-. !j ~ ((ccr &MctzGt-
LQ_c eD 'd')Cj -33S.:+\\ \
(\1 i:\/), /i n ~I, . ' .L
t -l <;, Ll \ l'Ci Q.((~..S \ULq ~fUn1G ,u. '<..n'tT0L nO-,u'0-t~A
(\ '. " ''2, c ::Z'~3<' \ II
'-- -Lt....\ r\(L ,\JLCY c7 -) l . )_y- d-
5. JU-tbs,t'- CctQ f] koJ) +t (( th-tJ ~ h~ (:\:y;(ljtr~c,--
-d- 4,(.") c_~ 1::''- (I 00
CAcL ~~J ('1,u_<Jj-
qy-t - ~'") lS":~ 313
4.
6.
~ '
- c.. 1 LUJv.- ~-njyt\.,<.,,-
, V U r1 -ti~/~. 3c,- -, )\.{-,,-,, N" u..ejL.,
Dated
\ - \D~O<6
r,
\j " 9- 0:-- --\- .""'-.ex) /~ f\..d.o.c A.f2.~
Bidder
~g~---
BY:
GC-P.5
16B11
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety Units of Unit Unit
Measure Measure (Quantity) Cost
(Description) (LF,SY)
1. \-\0
,
2.
3.
4.
5.
TOTAL $
Extended
Cost
Failure to complete the above may result in the Bid being declared non-responsive.
\ . ""C~{"}
Dated--1:J l)' . rc~
.
\ 0, - '1' -
l) ~I.: (J;. 4, ~ -r;11,~ n ;\.Ql{\lJ( rY Jk ,\
Bidder '-.l
'--2V~3\~>-
BY:
GC-P-6
16811
4
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify, It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within one hundred and fifty (150)
consecutive calendar days, computed by excluding the commencement date and
including the last day of such period, and to be fully completed to the point of final
acceptance by the Owner within thirty (30) consecutive calendar days after Substantial
Completion, computed by excluding commencement date and including the last day of
such period.
Respectfullv Submitted:
'- \"
State oL - ( cll(k~
County of (; _J., _
-C2tC t"n let ,- l c;ec: , being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
'-~-I C \'(( v C\ 'r \ \('.
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
, also deposes and says
GC-P-7
16B11
~
(a) Corporation
Th Bidder is a corporation organized and existing
'- '
1 \: ('-'.. w~ich )_ ~pe~~te(\j un~er
_ C ,--\, '\ t \ 'Iv ,JtC, _(_ l
officers are as follows:
President '- ~( \0 ,-\ (\ (~,L.c.) tic lit-
'\! f' . /) . . l ('
Se-.: I etAI f \<.J C ((\d CQ (l '" -
under the laws of the State of
the legal name of
, and the full names of its
Treasurer
(~ll~anager-\?\ 0'\('(Q\ct C\ \-e....
The .11i}'\,\l('t?=;:~(" is authorized to sign construction bids
and contracts fot the company by action of its Board of Directors taken
LA - d-- -C) I , a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
\ 'P;
~ \-/\
,
""
"'\--
\\ \~-- \
\j \ '
".
"
"
,
"
,
,
The co-partnership does business under the legal name of:
",\ \ (-\
.
(c) Individual
-" I .,~
The Bidder is an individual whose full name is I ) r i- I ..~
and if operating under a trade name, said trade name is (I y--\
,
DATED \.. W! DC, \~9~1(~~i~Cl-C1n UlJ1i:-etj~~
,J
GC-P-8
COUNTY OF
The foregoing...iQstr\lment was ack?Qwledged before me thisll:J day of~
2008, b '-V\(~ Ii'\; \'='1~k_ ,as ., ,<Y'Q'
of ,.\;<-" -." '-CL~ , a c or n, 6
behalf of the~-R'por~tion. !:!e/sti.e is\' erso~ally known to me or has produced
4-k=..L Y ArrtCo .. ( II!)( ,t.) ) as Identification
and did (did not) take an oath. ~ \ '
,_ J~LQ ,
, / (Signat re of Notary)
/ ~""
NAME: =-j j\{ \ \ \h \ 1-...) i \\ \ ('tr, 'f.l'Y\
(Legibly Pri ted)
STATE OF
\l\l:Lt'-..
" r ~
~-~,-
My Commission Expires:
.>" '""" SHElLY wlllJAM80N
.o~...... 0 MYCQMMISSIONI00512739
* . EXPIRES: May 31. 2010
'ra.~ fP0" BondedTllroBOO9tINolIl'/SeMteS
......OFI\()
(AFFIX OFFICIAL SEAL)
GC..p..g
16811
BY: '/Kldnvd Ck
/~~, e of Bidder (Typed)
,/ J-~ -~
Signature
(cre, tG..J
Title
~J({j\ a<:.":c, L,
\
Notary Public, State of ~)t DUd.. k
Commission No,: t:::,l':::, 51c) I'\C;
16 B 11
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Vila & Son Landscaping Corp.
(herein after called the Principal) and
Westfield Insurance Company ,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of Ohio with its principal offices in the city of Westfield Center
and authorized to do business in the State of FLORIDA are held and
firmly bound unto the Collier County Board of County Commissioners
(hereinafter called the Owner), in the full and just sum of
____ Five Percent of the Amollnt Bid ______,_____________________________m dollars ($ -----5%----- )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a bid for
furnishing all labor, materials, equipment and incidentals necessary to fumish and install,
and fully complete the Work on the Project known as
Immokalee Road Streetscape Beautification Project
Bid No. 08-5033
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the OWNER and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies fumished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ Five Percent of Amount Bid noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect.
GC-P-10
16 B 11
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this 10th day of Januarv. 2008.
Vila & Son Landscaping Corp.
Principal
BY
.-~,
K--~/
(Seal)
Surety
(Seal)
Countersigned
Local Resident Producing Agent for Me ~rh t!1/
lv:5tt ro nc70 (] t1<.f/O /l c./
I
Inquiries: (407) 834-0022
GC-P-11
THIS Pl:>WER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER # AND ISSUED PRIOR TO 05111103, FOR ANY PERSON OR PERSONS NAMED BELOW.
16811
General
Power
of Attorney
POWER NO, 099186202
Westfield Insurance Co.
Westfield National Insurance Co.
Ohio Farmers Insurance Co.
Westfield Center, Ohio
CERTIFIED COPY
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a .CompanyN and collectively as *Companles," duly
. organized and existing under the laws of the State of Ohio, and having its prIncipal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
JACK W. GUIGNARD, BRYCE R. GUIGNARD, M. GARY FRANCIS, PAUL J. CIAMBRIELLO, APRIL L. LIVELY, JENNIFER L.
MCCARTA, KATIE N, BIRD, MARGIE LYNN MORRIS, BRETT A, RAGLAND, JOINTLY OR SEVERALLY
of LONGWOOD and State of Fl its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other Instruments or contracts of
suretyship. . - - - - - - .. - - - - - - - - - . . . - - . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - . -.
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY. MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any ofthe Companies thereby as fully and to the same extent as If such bonds were signed by the President. sealed with the corporate
seal of the appllca~le Company and duly attested by Its Secretary, hereby ratifying and confirming all that the said Attorney(sHn-Fact may do in
the premises. Said appointment is made under and by authority 01 the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"'Be It Resolved. that the President, any SenIor Executtve, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and-is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s}-in-Fact to represent and act f9r
and on behalf of the Company subject to the following provisions: .
The Attorney-ln-FacL may be given full power and authOrity for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakIngs and any and all
notices and documents canceling or terminating the Company's lJability thereunder, and any such Instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as if Signed by the President and sealed and attested by the Corporate Secretary.':'
"'Belt Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certifJcate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.'" (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof. WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be Signed by their Senior executive and their corporate seals to be hereto affixed this 11th day of
MAY A.D.. 2003 . ',. .
~--~ '"'''''''''' ---""..
Corporate "UJL(.l1~ ....,.. \ONAt. t,.., - .......,:\Il..~...........-
Seals "~"-"y~"4" ""~'.'"'''''''''&''' /.....,........... .~....
Affixed ~/..... t, l'o .... ....&;~~~ i~~ _. .... '~\
I;;;f S'H I :If. {f//SEAL\f,\ l~it.\lWEltl\i.
S\ .w.MJ.o,~... m' ...: '11"
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...........-"""'- - ....,. .....~...... .. $~
""" . ...,.,. ........". ..,oJ>'~
..".."....' .............
WESTFIELD INSURANCE COMPANY
WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY
State of Ohio
County of Medina
,
;Pc.
ss.:
By:
Richard L. Kinnaird, Jr., Senior Executive
On this 11th day of MAY A.D.,2OO3 . before me personally came Richard L. Kinnaird, Jr. to me known, who. being by me duly
sworn, did depose and say, that he resides In Medina, Ohio; that he Is Senior Executive Of WeSTFiELD INSURANCE COMPANY, WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described In and which executed the above
instrument; that he knows the seals 01 said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed
by order of the Boards 01 Directors of said COmpanies; and that he signed his name thereto by like order. ;aL
Nota"al /a ' .
Seal
Affixed
William J. Kahelln, A rney at Law, Notary Public
My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
State of Ohio
County of MedIna
ss.:
day of
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John T. H. Balchelder, Secretary
BPOAC2 (combined) (06,02)
16 B 11
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed,
2, The Bid prices offered have been reviewed,
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6, Any delivery information required is included.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
<=>Bid Number;
<=>Project Name;
<=>Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
speCified openinq date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
ULC ( \ \ '
. 'I'.l 'Ie '-ell (01,\(/)(\ ill lll'l;;
Bid d er_~!l-'21e , <")
/~,.,
/ ,r/ --~i).vne 11d ~t 0 1'1(1\( ,...-
Signature & Title ' )
DATE:
\~lc'Of
GC-P-12
16811
RESOULUTlON OF BOARD OF DIRECTORS OF
VILA & SON LANDSCAPING CORPORATON
At a Special Meeting of the Board of Directors of Vila & Son Landscaping Corporation, a
Florida corporation, held on April 2nd, 2007 at 8:00 am, the following persons were present,
being all of the Directors and Officers of the corporation: Juan Carlos Vila, President; Ricardo
Leal, Vice-President; Baudilio B. Vila, Vice President, Secretary & Treasurer. A quorum being
present, the following resolution was unanimously adopted, and said resolution has not been
amended, modified or rescinded:
Resolved, that with respect to contracts and subcontracts between Vila & Son Landscaping
Corporation and Owner's, General Contractors, and other organizations contracting with said
corporation to perform landscaping & irrigation services, the following individuals are hereby
authorized to execute, contracts, subcontracts, bonds, monthly requests for payment and all
related releases ofliens and, in addition are further authorized to enter into Subcontractor's
Change Orders with the appropriate parties:
Brett Ashley
Keith O'Neil
Ariel Caballero
Richard Fife
General Manager, West Palm Beach Branch
General Manager, Orlando Branch
General Manager, Miami Branch
Interim-General Manager, Ft. Myers Branch
There being no further business to come before the meeting, it is upon motion duly made,
seconded, and unanimously carried, adjourned.
IN WITNESS WHEREOF, I have signed this Resoluti n
(Corporate Seal)
AO~ h. 7/h
Secretary
STATE OF FLORIDA
COUNTY OF DADE
On this 2nd day of April, 2007 before me personally appeared JT r~ARLOS VILA sworn, did
depose and say that as the President of Vila & Son Landscap'~~~~~ation, the corporation
described in and which executed the foregoing Resolution' at they know the seal; that it was
affixed to said instrument as such corporate seal; that it asso acffixed by order of the Board of
Directors of said corporation and they signed their na s th~ by like order
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16 B 11
~ OATE
I 03/29/2007
I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE OOES NOT AMEND. EXTEND OR
~l TER THS COVERAQE AFFORDED BV ,THE I'.oUCIES BELOW,
L !lC~flJJ,M
'10DUCER
CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2
877-945-1378
willis North America, Inc.
26 Century Blvd.
P. o. Bo~ 305191
Nashville, TN 372305191
INSURERS AFFORDING COVERAGE
! NAIC#
INSURED
vila and Son Landscaping Corp
20~51 SW 216 Street
Miami, FL 33170
1~ISUf~EH A United States Fire Insurance c~~any
, 211.13-001
'U
Compan~24767~004
INSUR[R H St. Paul Fire and lllJ.arine Insurance
INSURC!l C
INSUI{t:RD
INSURER F-,
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
iNS-RIADO-;-L[ 1- P'OLlCY-EFFECTIVE [POLlCY EXPIRATION i
LTR lNSRD TVPEOflNSURANCE __.__ POL!~!3ER "_~_+Q.ATE(MM/DDfY'(LLQATE(MM/DDfYYl +"~_.
A i I GENERAL LlABILlTY 5417000541 '4/1/2007 !4./1/2008 ',EAC'!:!_QCCUf{.I3._~.~<:::E
'I' ' [ DAMAGI::: TO RE;NTED
X, COMMFf{CIAL GfNE~^L L!ABILIIY , PR,E:MISES {~aoccU(~I)glj
: ! CI,AIMSMADE ':x I OCCUf1 I MEDEXP(Anyoneperson)
LIMITS
I
:$
S
I,
I'ERSONAL & ADV INJURY I $
:$
1.090.000
300.000
5~000
1. 000. OOO~
4~OOO,QOO
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i , GEN'LAGGREGATE L.IMIT APPLIES PFr~
~ "'-'1 POLICY i'x ! jrg I ~C24-~---
A II AUTOMOBILE LIABILITY 1387300842
: X! ANYAUlO
: All OWNED AUTOS
SCHEDULED AUTOS
: HIRFDAUTOS
NON.OWN!::ll AUTOS
GENERAlAGGREGAIE
i
pr~ODUCl S. COMPiOF' AGe;
s
I
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!4/1/2007
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4/112008
i COMBINED SINGLe: LIMIT
(Eaacr:ident)
j'
1,000,000
[\OOIL Y INJlJf{Y
(f"erpersoll)
80011_Y INJURY
(f'eraccid,ml)
i EXCESS LIABILITY
X OCCUf{
~~~~'ZC~d~~gAM^GE , $
,_+_ _,,_~____~_~____n - ~---~ __,_____~,-'I---~-~
I 'AUTClONLY.I:AACCIOlCNl :$
OTHER THAN fAACC ! S
AUTO ONl. Y AGG : $
,__~_~______ nl____~____'______~_'__
4/1/2007 14/1/2008 EACHOCCUfWENCE is
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~i......~RAGELIABILITY
,
I ANY AUTO
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1$
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.$
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----..----~"~,-..--7'---".,--.-+---'WCSTATU~~-~-.-
14066802811 14/1/2007 14/1/2008 X IT9fWLHvll,TSI j [CR:
i U EAClI ACCIDENT ! $ 1,0_00, (LQP
[.I, DISEAsrc. EAEMF'~ OYEE,$ l..J)OO, Q.9.0
.______I._.____~"tr:.L.DI~!"3SE-PS)~~12J $ 1.000.000
D[CIJUCTIBLI
X I RETENTION $
A i WORKERS COMPENSATION AND
I EMPLOYERS' LIABILITY
ANY PROPRIETOR/PAR INER/lc,XECUTIVE
i OFFICEHlMEMBFR EXCLUDED?
,
'If yes, describe under
SPECIAL pr~OVISIONS belOW
_.~~__._____..~______-'__------t-._
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DESCRIPTION OF OPERATlONS/LOCA TtONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CERTIFICATE HOLDER
I
CANCELLATION
Coll:l935840
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3~_._ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER N^MEP TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE >'10 OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
.~-"---~_.__.-
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Tpl:611662 Cert~8720683
@ACORDCORPORATION 1988
vila and Son Landscaping Corp
1900 Williams Road
Winter Garden. FL 34781
ACORD 25 (2001/08)
16 B 11
State of Florida
Department of Agriculture and Consumer Services
Division of Marketing and Deveiopment/Bureau of License and Bond Issue Date: 04/18/2007
850-488.410t Fee AmI Paid: $700
T ailahassee, Florida FEIN: 59-2384066
License as Dealer in Agriculture Products EtfeeliveDale: 03/23/2007
GOOD FOR ONE LOCATION
Tilis lic€n$a IS iS$ued under autrlority of Section 604.15-604.34, Florida Statutes, to:
POST LICENSE
CONSPICUOUSLY
license # 69533 - 12
VILA AND SON LANDSCAPING CORP
DBA: VILA AND SON LANDSCAPING CORP
4175 BUCKINGHAM RD
FORT MYERS,FL33905-7206
Commodity Code:
Bonding Company:
Bond Amount:
1
WESTFIELD INSURANCE COMPANY
$100,000
Field Representatives: CHRISTOPHER WilLIAMS
tti II~
CHARLES H, BRONSON
COMMiSSIONER OF AGRICULTURE
This is to certify that the dealer in agricultural products whose name and address are shown above. has paid the required
fee and has made an approved surety bond to the Commissioner of Agriculture as required by Sections 604.15-604.34, Florida
Statutes, and is hereby granted this license as Dealer in Agricultural Products as defined in Section 604.15, Florida
Statutes. This license IS for a one year period
16 B 1 1
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16 B 11
Prime Construction Contracts Underway On This Date
Name of Project: Meadows of Estero
Location: Estem, Fl.
Owner: Shelby Homes: 239-948-2322
Date 07/26/2005 Amount $794,826.00
Project Manager: Philip Thibeaux Supervisor Lenny and Ramiro
RequiIed completion date: February 2007
Designing architect or Engineer: Brian Archer
Name of Project: Daniels Parkway
Location: Ft. Myers
Owner: Lee County
Date 03120106 Amount $596,538,46
Supervisor: Lenny Chaifetz
Required completion date: 455 calendar days from March 20, 2006
Designing architect or Engineer: Vanasse Daylor
Name of Project: U.S, 41 Phase IV
Location: Naples
Owner: Collier County
Date: May 8th 2006 Amount $347,437.76
Supervisor: Lenny Chaifetz
Required completion date: 140 days
Designing architect o.r Engineer: Mc Gee & Associates
Name of Project: V,S, 41 Medians (Naplescape) Irrigation only
Location: Naples
Owner: City of Naples
Date: 04126106 Amount $397,303,04
Supervisor: Lenny Chaifetz
Required completion date: 10/15/06
Designing architect or Engineer: None (parks and Recreation)
E-9#14
16811
Prime Construction Contracts Completed In Past Five Years
Name of Project: Livingston Road (Immokalee Road to Pine Ridge Road
Location: Naples
Date: 06/30/05 Amount: $692,040.83
P.roject Manager: Philip Thibeaux
Date Completed: 01/26/05
Required Completion Date:01/26/05
Name Owne..: Collier County 2885 Horsehoe DL Naples, Fl. 34104
Contact: Bob Pete..son (239) 774-8192
Designing A.rchitectlEnginee..: Mc Gee & Associates 5079 Tamiami Trail E. Naples, Fl. 34113
Contact: Mike Mc Gee (239) 774-8192
Name ofP.roject: Golden Gate Parkway (Santa Barbara to Livingston Road)
Location: Naples
Date: 6/30/05 Amount: $405,776.90
Project Manage..: Philip Thibeaux
Date Completed:02/05/06
Required Completion Date:02/05/06
Name Owne..: Collier County 2885 Horseshoe Dr. Naples, Fl. 34104
Contact: Bob Pete..son (239) 774-8192
Designing A.rchitect: Mc Gee & Associates 5079 Tamiami Trail E. Naples. Fl. 34113
Contact: Mike Mc Gee (239) 417-0707
Name of Project: Davis Boulevard
Location: Naples
Date: 06/30/05 Amount: $131,941.95
Project Manager: Philip Thibeaux
Date Completed:02/27/05
Required Completion Date: 02/27/05
Name Owner: Collier County 2885 Hm:seshoe Dr. Naples, Fl. 34104
Contact: Bob Pete..son (239) 774-8192
Designing A.rchitect: Mc Gee & Associates 5079 Tamiami Trail E. Naples, F1. 34113
Contact: Mike Mc Gee (239) 417-0707
E-9 #15 Page I
16 B 11
Name ofPIOject: Livingston Rd (Lee County Line to Bonita SpIings Blvdo)
Location: Lee County
Date:04/12/05 Amount: $297,100.80
Project Manager: Philip Thibeaux
Date Completed: 11120/05
Required Completion Date: 11120/05
Name Owner: Lee County 5560 Zip Drive Ft. Myers, F1. 33905
Contact: Pat Moore (239) 335-2111
Designing Architect: WilsonMiller 4571 Colonial Blvd. #100 Ft. Myers, Fl. 34105
Contact: (239) 939-1020
Name of Project: The lmmokalee Administration Center
Location: lmmokalee
Date:12/02/05 Amount $199,045.60
Project Manager: Philip Thibeaux
Date Completed: 06/10/06
Required Completion Date:06/1O/06
Name Owner: Gulf Building Corp. 600 Corporate D.r. #600 Ft. LaudeIdale, Fl. 33334
Designing AIchitect/Engineer: Michael Fay
E-9 #15 Page 2
VILA AND SON LANDSGAPII\ ;ORP.
NAME OF PROJECT'
LOCATION:
OWNER:
CONTACT PERSON:
GENERAL CONTRACTOR:
CONTRACT AMOUNT:
COMPLETED:
NAME OF PROJECT:
LOCATION:
OWNER:
CONTACT PERSON:
GENERAL CONTRACTOR:
CONTRACT AMOUNT:
COMPLETED:
NAME OF PROJECT:
LOCATION:
OWNER:
CONTACT PERSON:
CONTRACT AMOUNT:
COMPLETED:
NAME OF PROJECT:
LOCATION:
OWNER:
CONTACT PERSON:
CONTRACT AMOUNT:
COMPLETED:
NAME OF PROJECT:
LOCATION:
OWNER:
CONTACT PERSON:
CONTRACT AMOUNT:
COMPLETED:
t::: ,_. Ii'."
AJOR PROJECTS COMPLETED
Aventura Blvd
Aventura
City of Aventura
Tony Tomei
305-466-8900
Vila and Son Landscaping Corp,
$1,105,860,00
1999
Biscayne 4
City of Aventura
Aventura
Tony Tomei
305-466-8900
Vila and Son Landscaping Corp,
$873,960,00
1999
Brickell Yacht Club
Miami-Dade County
The Related Rocha
Roberto Rocha
(305)460-9900
$256,310.00
1999
Ocean One
City of Sunny Isles
John Moriarty and Associates
Mr, John Leete
(954)964-6110
$501,415,00
1999
NE 207th Street Improvements
Aventura, FI.
City of Aventura
Mr. Antonio Tomei
(305)466-8900
$1,t09,28600
1999
NAME OF PROJECT: Sl. Andrews at the Springs
LOCATION: Palm Beach Co,
OWNER: The Related Group of Florida
CONTACT PERSON: Mr. Roberto Rocha
(305)460-9900
CONTRACT AMOUNT $629,755.00
COMPLETEO: 1999
Page 1
16811
.JOR PROJECTS COMPLETED
NE 191 Street improvements
Aventura, FL
City of Aventura
Mr. Antonio Tomei
(305)466-9900
$655,178,00
1999
VILA AND SON LANDSGAPIN
,ORP.
NAME OF PROJECT:
LOCATION
OWNER:
CONTACT PERSON:
CONTRACT AMOUNT
COMPLETED:
NAME OF PROJECT: Yacht Club @ Portofino
LOCATION: Miami-Dade County
OWNER: The Related Group
GENERAL CONTRACTOR: Chase Construction
CONTACT PERSON: Roberto Rocha
305-460-9900
CONTRACT AMOUNT: $226.35500
COMPLETED: 2000
NAME OF PROJECT: Sf. Andreus at the Springs
LOCATION: Palm Beach County Springs
OWNER: The f,elated Group
CONTACT PERSON: Roberto Rocha
305-460-9900
GENERAL CONTRACTOR: Fortune Construction
CONTRACT AMOUNT: $662,475,00
COMPLETED: 2000
NAME OF PROJECT: City f'lace
LOCATION: Palm Beach Co,
OWNER: Palladium Group
CONTACT PERSON: Frank Zaremba
561-832-4995
GENERAL CONTRACTOR: Whitin9-turner
CONTRACT AMOUNT: $1,330,000.00
COMPLETED: 2000
NAME OF PROJECT: Pinetree Park
LOCATION: Miami Beach, FL
OWNER: City of Miami Beach
CONTACT PERSON: John De Pazos
( 407)939"0938
CONTRACT AMOUNT: $226,850.00
COMPLETED: 2000
NAME OF PROJECT: Biscayne 4
LOCATION: North Miami Beach
OWNER: City of North Miami Beach
CONTACT PERSON: Mr. Carlos Rivero
305-948-2980
CONTRACT AMOUNT: $386,255.00
COMPLETED: 2000
Page 2
~\ .~
16Bl1
VILA AND SON LANDSCAPI~ ;ORP.
AJOR PROJECTS COMPLETED
NAME OF PROJECT: 41 mreet Miami Beach
LOCATION: City of Miami Beach
OWNER: City of Miami Beach
CONTACT PERSON: John De Pazoz
305-673-7490
GENERAL CONTRACTOR: Vila and Son Landscaping Corp
CONTRACT AMOUNT: $932,03000
COMPLETED: 2000
16811
NAME OF PROJECT: Lummus Park
LOCATION: Miami Beach
OWNER: City of Miami Beach
GENERAL CONTRACTOR: Vila and Son Landscaping
CONTACT PERSON: Kevin Smith
(305)673-7730
CONTRACT AMOUNT: $453,36000
COMPLETED: 2000
NAME OF PROJECT: Sunrise Blvd, SR7
LOCATION: Broward Co,
OWNER: FOOT
GENERAL CONTRACTOR: L,G, DeFelice Construction
CONTACT PERSON: Kevin Flynn
954-975-4855
CONTRACT AMOUNT: 438,325,00
COMPLETED: 2000
NAME OF PROJECT: Pinetree Park
LOCATION: North Miami Beach
OWNER: City of Miami Beach
GENERAL CONTRACTOR:
CONTACT PERSON: John De Pazos
407-(139-0938
CONTRACT AMOUNT: 226,850,00
COMPLETED: 2000
NAME OF PROJECT: Griffin Rd-SR818
LOCATION: Broward Co,
OWNER: F.D,O.T.
GENERAL CONTRACTOR: Triple R Paving
CONTACT PERSON: Roger Hawkins
954-792-4205
CONTRACT AMOUNT: 124.635,00
COMPLETED: 2001
NAME OF PROJECT: SR821 Heft
LOCATION: Dade Co,
OWNER: F.D,O.T.
GENERAL CONTRACTOR: The Demoya Group
CONTACT PERSON: The Demoya Group
305-255-5713
CONTRACT AMOUNT: 133,755,00
COMPLETED: 2001
Page 3
VILA AND SON LANDSGAPIN
ORP.
l::' .\ L.
,JOR PROJECTS COMPLETED
NAME OF PROJECT: The Enclave @ Naples
LOCATION: Naples, FL
OWNER: The Related Group
GENERAL CONTRACTOR: Current Builders
CONTACT PERSON: Roberto Rocha
305.460-9900
CONTRACT AMOUNT: 869,035,00
COMPLETED: 2001
16811
NAME OF PROJECT: PI. St. Lucie Blvd.
LOCATION: Palm Beach Co
OWNER: FOOT
GENERAL CONTRACTOR: Vila and Son Landscaping Corp,
CONTACT PERSON:
CONTRACT AMOUNT: 495.62500
COMPLETED 2001
NAME OF PROJECT: PI. St. Lucie Blvd,
LOCATION: Palm Beach
OWNER: FOOT
GENERAL CONTRACTOR: Vila and Son Landscaping Corp,
CONTRACT AMOUNT: $495,625,00
COMPLETED: 2001
NAME OF PROJECT: Cleveland Clinic
LOCATION: Weston, FL
GENERAL CONTRACTOR: Centex Rodgers Inc,
CONTACT PERSON: Larry Hawthorne
(305)932-6022
CONTRACT AMOUNT: $612,630.00
COMPLETED: 2001
NAME OF PROJECT: Holiday Park
LOCATION: Broward Co,
GENERAL CONTRACTOR: Zur9ui Construction
CONTACT PERSON: Eduardo Gonzalez
305-221.6100
CONTRACT AMOUNT: $707.76000
COMPLETED: 2001
NAME OF PROJECT: Weston Road
LOCATION: Weston, FL
GENERAL CONTRACTOR: Triple R Paving
CONTACT PERSON: Roger Hawkes
(305)944-4205
CONTRACT AMOUNT: $312,27000
COMPLETED: 2001
Page 4
VILA AND SON LANDSCAPI/\ :ORP.
AJaR PROJECTS COMPLETED
1::.:: "t;..
NAME OF PROJECT SO, County Neighborhood
LOCATION: Broward Co,
OWNER' Broward Co,
CONTACT PERSON: Jim Allen
(954 )384.4440
GENERAL CONTRACTOR: Smith and Company, Inc,
CONTRACT AMOUNT: $173,430.00
COMPLETED: 2001
NAME OF PROJECT: Okeechobee Interchange
LOCATION: Palm Beach Co.
OWNER: Florida Department of Transportation
GENERAL CONTRACTOR: The DeMoya Group
CONTACT PERSON: Demoya
305-255-5713
CONTRACT AMOUNT $689,545.00
COMPLETED: 2002
NAME OF PROJECT Murano @ Portofino
LOCATION: Miami Beach, FL
OWNER: The related Group
CONTACT PERSON: Jayce Bronson
305-460-9900
GENERAL CONTRACTOR:
CONTRACT AMOUNT: 439,270.00
COMPLETED: 2002
NAME OF PROJECT: Village of Merriek Park
LOCATION: Coral gables, FL
OWNER:
CONTACT PERSON: Mr, Ray Benjamin
419-893-7000
GENERAL CONTRACTOR: Turner! Lathrop
CONTRACT AMOUNT: 1,800,000,00
COMPLETED: 2002
NAME OF PROJECT: Pines Island Road
LOCATION: Broward County
CONTACT PERSON: Broward County
954-7924205
GENERAL CONTRACTOR: Triple R Paving
CONTRACT AMOUNT: 143,725,00
COMPLETED: 2002
NAME OF PROJECT: FOOT S,R: 5
LOCATION: Broward County
OWNER: F,D,O.T
CONTACT PERSON: Roger Hawkins
954.7924205
GENERAL CONTRACTOR: Triple R Paving
CONTRACT AMOUNT: 586,600,00
COMPLETED' 2002
Page 5
16Bl1
VILA AND SON LANDSGAPII'\ ~ORP.
~',"\.'i.".
\JOR PROJECTS COMPLETED
NAME OF PROJECT Ocean Three
LOCATION: City Of Sunny Isles,
OWNER: John Moriarty and Associates
CONTACT PERSON: Mr, John Leete
954-964-6110
GENERAL CONTRACTOR:
CONTRACT AMOUNT: 501,415,00
COMPLETED: 2003
NAME OF PROJECT: Morton Towers! Grand Flamigo Resorts
LOCATION: Miami Beach, FL
OWNER:
GENERAL CONTRACTOR: Turner Construction
CONTACT PERSON: Mr, Ron Poliseo
786-276-8259
CONTRACT AMOUNT: $1,531.245,00
COMPLETED: 2003
NAME OF PROJECT: FDOT Okeechobee Ph 1 & 2
LOCATION: Miaml-dade County
OWNER: Florida Deparrnent of Trasportation
CONTACT PERSON: Mr. Joe De Moya
305-255-5713
GENERAL CONTRACTOR: The Maya Group
CONTRACT AMOUNT: 894,:J70,OO
COMPLETED: 2003
NAME OF PROJECT GTI Central Coliection Plaza
LOCATiON: Miami-Dade County
OWNER: Miami-Dade Airport Authority
CONTACT PERSON: Me. Gus Fernandez
786-268-8049
GENERAL CONTRACTOR: MCM Construction
CONTRACT AMOUNT: 298,300,00
COMPLETED: 2003
NAME OF PROJECT: SR ALA Key Largo
LOCATiON: Key Largo
OWNER: Florida Department of Trasportation
CONTACT PERSON: Mr. Alfred L. Majucoski
305.289-2356
GENERAL CONTRACTOR: 1.026,815,00
CONTRACT AMOUNT Vila& Son Lanscaping Corp,
COMPLETED: 2003
NAME OF PROJECT: The Preserve @ Miramar
LOCATION: Broward County
OWNER: The Related Group
CONTACT PERSON: Roberto Rocha
305-460-9900
GENERAL CONTRACTOR: Current Builders
CONTRACT AMOUNT: 671,720,00
COMPLETED: 2003
Page 6
16811
VILA AND SON LANDSCAPlr ~ORP.
AJOR PROJECTS COMPLETED
~::,~. . \'--
NAME OF PROJECT: Aventura Town Plaza
LOCATION: City of Aventura
OWNER: Aida Construction Ine,
CONTACT PERSON: Mr. Jorge L1nkewer
305-933-1066
GENERAL CONTRACTOR: Aida Construction Inc
CONTRACT AMOUNT: 232,64500
COMPLETED: 200:J
NAME OF PROJECT: Bonaventure Phase 2&3
LOCATION: Broward County
OWNER: City of Weston
CONTACT PERSON: Mr. Mort Myrick
305-863-9007
GENERAL CONTRACTOR: Pan American Constractors Inc.
CONTRACT AMOUNT: 359,820,00
COMPLETED: 2003
NAME OF PROJECT: Palm Avenue Road Improvement
LOCATION: Key West
OWNER: Monroe County
CONTACT PERSON: Mr. Ron Armstrong
305-296-5606
GENERAL CONTRACTOR: Toppino's Inc,
CONTRACT AMOUNT: 158,300.00
COMPLETED: 2003
NAME OF PROJECT: Middle School LL
LOCATION: Broward County Schools Public
OWNER: School PPP
CONTACT PERSON: Mr. Ray Betancourt
305-598-2932
GENERAL CONTRACTOR: BCA Contractors
CONTRACT AMOUNT: 498,600,00
COMPLETED: 2003
NAME OF PROJECT: Marathon Airport Service Road
LOCATION: Marathon, FL
OWNER:
CONTACT PERSON: Ron Armstrong
305-296-5606
GENERAL CONTRACTOR: Toppino's Inc,
CONTRACT AMOUNT: 310,200,00
COMPLETED: 2003
NAME OF PROJECT: 1-95 ITS Control Center
LOCATION: Miami-Dade County
OWNER: Florida Deparment of Traspotation
CONTACT PERSON: Mr, Arnie Fernandez
305-499-2482
GENERAL CONTRACTOR:
CONTRACT AMOUNT: 186,615,00
COMPLETED: 2003
Page 7
16 Bl1'~
VILA AND SON LANDSCAPIt\ ;ORP.
. i:,~
.AJOR PROJECTS COMPLETED
NAME OF PROJECT: Bonaventure Phase 4
LOCATION: Broward County
OWNER: City of Weston
CONTACT PERSON: Mr. Miguel Ocana
305-461-0603
GENERAL CONTRACTOR
CONTRACT AMOUNT: 747,865.00
COMPLETED: 2003
NAME OF PROJECT: High School GGG
LOCATION: Broward County
OWNER: Broward County School Board
CONTACT PERSON: Mr. Bill Oakman
954-797-0410
GENERAL CONTRACTOR: James B, Pirtle Construction Co. Inc.
CONTRACT AMOUNT: 571,920.00
COMPLETED: 2003
NAME OF PROJECT: Cypress Pointe
LOCATION: Coral Springs, FL
OWNER: Griffin
CONTACT PERSON: Mr. Bryon Sharp
954-267.9973
GENERAL CONTRACTOR:
CONTRACT AMOUNT: 1,039,70000
COMPLETED: 2003
NAME OF PROJECT: Neo River Lofts
LOCATION: Miami-Dade County
OWNER: Neo Development
CONTACT PERSON: Ms. Lissette Calderon
305-285-1418
GENERAL CONTRACTOR:
CONTRACT AMOUNT: 161,445.00
COMPLETED: 2004
NAME OF PROJECT: Galleria Mall
LOCATION: Broward County
OWNER: Frank Pinello
CONTACT PERSON: Whiing Tuner
954-776-0800
GENERAL CONTRACTOR:
CONTRACT AMOUNT: 420,000,00
COMPLETED: 2004
NAME OF PROJECT: School PPP
LOCATION: Miami-Dade FL
OWNER: Miami-Dade Public Schools
CONTACT PERSON: Mr. Ray Bertancourt
305-598-2932
GENERAL CONTRACTOR: BCA Contractors
CONTRACT AMOUNT: 699,170,00
COMPLETED: 2004
Page 8
16 B 11
VILA AND SON LMJDSCAPI~, ~ORP.
.AJOR PROJECTS COMPLETED
'.
1,;;'-. '\ <to_,
NAME OF PROJECT: One Aragon
LOCATION: Coral Gables, FL
OWNER
CONTACT PERSON: Mr. Malcom Macinnes
954.964-6110
GENERAL CONTRACTOR John Moriarty and Associates
CONTRACT AMOUNT: 148,170,00
COMPLETED: 2004
NAME OF PROJECT: Seminole Hard Rock Hotel&Casino
LOCATION: Broward Co.
OWNER Semnole Indians
CONTACT PERSON: Mr. david Bober
954-583-1000
GENERAL CONTRACTOR Peri/Suitt
CONTRACT AMOUNT: $2,672,70000
COMPLETED: 2004
NAME OF PROJECT: Murano Grande
LOCATION: Miami Beach, FL
OWNER The Related Group.
GENERAL CONTRACTOR John Moriardy & Associates
CONTACT PERSON: Mr. John Leete
954-964-6110
CONTRACT AMOUNT: 509,730,00
COMPLETED: 2004
NAME OF PROJECT: City of Sunny Isles Improvement
LOCATION: City of Sunny Isles, FL
OWNER: City of Sunny Isles,
CONTACT PERSON: Mr, Cristopher Pusso
305-947-0606
GENERAL CONTRACTOR Vila & Son landscaping Corp
CONTRACT AMOUNT: 1,428,175.00
COMPLETED: 2004
NAME OF PROJECT: Monarch Lakes Buffer
LOCATION: City of Miramar
OWNER City of Miramar
GENERAL CONTRACTOR Vila and Son
CONTACT PERSON: Mr. Hector Vasquez
954-962-1516
CONTRACT AMOUNT: 273,675,00
COMPLETED: 2004
Page 9
16 B 11
3ystem'
:;ser Date
?,anges'
Employee ID,
_Position,
~=rnac:tive
?08it~on
Department
JUll. n 2006
b/22/'l,OOG :l:'3:L19 PM
6!22/.::l00G
2: 1,6PM
Vdii &: Son Land.scaping Corp.
RHPWYBE LIST BY POSITION
U.S payroll
P~ge,
O'e~ 10' oloureiro
- - - - - - - - - - ..-- - - - - - - -- - -~- -- -- - - - - - - - - ~.. .~ -.. - - ~ - - - - - - -- -- - -- - -- - -- - - -- - -- - ---- - -- - - - - - - ~. - - . "
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F2j)JJ
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01::15
BSQur~, ERNESTO M1GUEL
COATES, SRIN A
DILLON, FAI.LON
Bmp1oy~e~ fOr FOsition
QUINTANA, JORGE L
FRIURE, JORGE A
AGUIAR, Mll.YRA C'ARIDll,P
CAVICCHIA/ LE:N
GORDON, JOHN K
LAYL:8OR, LANe;;,:
6 Employees ror P05itio~
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No, 298!
P 5/10
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.>;ystern.
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6/22/2006
6/22/2006
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u. S. Payroll
nrst l,ast
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Orlen~o Inctircct Coat Maintena
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0006
F4gg
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F621
F::!S20
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BRETONES, GOSTAVO
RIVERO, )lJlIUlili
IJ.ART, aREO
GILBERT, EDWIN p,
CATALANO, lCENNETH
Employees for PO$itioo
5 Employees
No.2981
p
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J LI 11, 22. 2006
2 46PM
6/22/2006
6/22/2006
2,):);20 PM Vila &. Son wndscapins Corp.
E~PLOYEE LIST at POSITION
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SI.lj,'Je~~ tor
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Miami Indirect CCBt Lan~Bcapin
Miami. Indirect CO!ilt LWlo1scapin
Mia.mi Indi.rect Cost LlllldBcapin
Miami Indirec~ COg~ Landacapin
Orl~nd~ Inoirect Cost Irrigati
Orlando indirect CO!ilt LandBcap
orlando indirect Coat Lan~6cap
Orlando Indirect Cost Maintena
WPB Indire.ct Cost Irrigation
WPB Indirect Cast IrrigatiDn
WPB Indirect Cost LandJ'lcaping
WPB Inl'l.1xect COJ'lt M.9.il1tenace
WPB Indirect C08t~ Maintenace
0154
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0090
0138
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F2720
P')65
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F2577
Fl084
0124
Fl057
FlOIO
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F2155
~2G97
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Miami Bl,.!.$ine~.!J Developm~nt Dep
Oc1a~do Bugine~s Developmen~
0010
F:2J6
Pags; 1
User 1D; oloureiro
Ni:lJ11e
No. 2981
P 3/10
16 B 11
------- - .-- ___u. --- -_~_... ~~. -~'T__T'~' __~_~ _. <_ u..
CW>.I~TZ, UONARP M
'I'ORR~S I RAM:J;RO
RODRIaUEZ, SANDY
MARQUEZ, RDNALD J
NAPOLES, JORGE
GONZALEZ, RDDOLFO H
AMADEO, JOAQQIN C
aOtJBT'I'E I GASTON
HERNANDEZ I RODOLFO M
ADAMS I GEORGE
CHAPPELL, DA1.B
O'KEEFE, JDHATIl.A.N
GILBERT, J.Mom,S
TREVINQ, ELENO
REED, .;rO,SHDA
CJl.MP!l:I..L, JAMES SCOTT
VINCENT, DAVIn G
DILLARD, RUSS~LL A
18 Employee;i: for PQ!Jitit;>n
QUINTERO, JOSE M.
HUCKERY, ~O~"D
2 ~~~oyee$ ~oc pQ$itiQn
20 Employees
System-
"Jser Date,
,ranges:
Employee In ~
poaitlon:
''''Inactive
?osition
Department
::MGR
MIAMGA
ORLGA
WPBGA
J U!1, 22. 2006
6/22/20D6 ~:29,55 PM
6/22!20Ct;
2:0PM
V~la & Scn ~ndacaping Corp.
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GM:>R - GM:;R
l:Iy' Employee ID
Genera~ Manager
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Orlando Gen &. Admin
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F:263
FSlO
Page; 1
Ossr ID; oloureiro
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-- ~".' ..""". -.. _.". . ~. _ _ _ A. ...." ~ _ _ __
CABALLERO, A1UEL
o I NEIL, KEITH A
LOCKERSON, C~I~
EmploycCB for Position
Employe\'l8
No. 2981 P 7/10
16811
JllIl 22. 2006
;;yatem
';J3er Date
(;./22/2QO(,
S!22/201l6
~ange8:
v_Employee 1D:
)sition'
By: Employee 1D
'=Inactl'lE'
?osition
Department
2 4JFM
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E:HPl,O'iE:E LIST BY POSITrON
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Firat - loast
DIVMGR - DIVM:;R
Employee 10
::'!VMGR
HQTRGA
Division Manager
Headquarters Gan & ACmin
OHl
P"';IC' 1
U$e~ 1D: olourei~o
Name
JANSSEN, JOSEPH EDWhRD
1 Employees for position
1 !!:mployeea
No. 2981
p 9/1 Ii
16 B 1 ~
I
i
I
I
I
I
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SYBtl:lm:
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JUll, n 2006
2:47PM
6/22/2006
5/22/.4006
2!2g'0S PM Vil~ & Son ~nd8c~ping Corp.
EMPLOyee tIer BV POSITION
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BUSDVL BOSD"JL
By, Employee ID
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9usinees Developer
Ft. Myers Business Development
Mi"-mi Business Development Oep
Miami Business Development Dep
Orlando Busines8 Development
Orl~ndo Busines8 Development
WP8 Business Development Dept
WPS Indirect Cost MaJntenace
0028
Olr.l.4
0164
01:)4
O~GO
0140
01S8
Page, 1
User 10: oloureiro
Nilme
THIBM.UX, PHILIP
Me CAATH1 III, JOHN T
PENATE, ANTONIO
GRGOO!UUS, JON
BISHOP, WILL1AM ROBERT
KELLER, 8LP.INB S
SHESSER, JENNIFER E
7 Employees for position
7 Employees
No. 2981
P
10/ i 0
16 B 11
;;ystem'
"':ser Da.te:
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'Posi tion,
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\WBED
111 n 2006
2 47P~
6/22/2006
6/2;;!/2006
2:29.24 PM Vila & 90n Ldnd8caping Corp,
E:1PLOl'ES LIST By POSITION
U. S, Ptl.yroll
Fi:t.,~ J:..aSt
ESTMS - ESTTI,{A
Employee ID
Employee 10
Estimator Assistant
Miami BU61ne8s Development Dep
0061
Estimator
Miami Business Develc'prnent nep
Miami Businees Development Dep
Orlando Business Dev~lopment
WPB Busine3B Developn,ent Dept
WFB BusineB8 Development: Dept
0004
0151
F2165
?7GO
0071
Page,
Ussr ID. oloureiro
N\lMe
- - - - - - ~- - - - - -. - -. ~......"..... ~.
130AA~RO, REBBCA
1 EMployee~ for ~o8ition
ZWELLINO, JAY R.
MIRANDA, EDDl' 0AN1EL
MARTIN, CHERYL
VILA, IVAN
SANTIESTEBAN, CHRISTIAN
5 8mploy~~a for Position
6 llmployees
No. 2981
p
1 [I
16 B 11
::'ly5lte:m:
~J:,;e1;' DatI:::
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JUI1. n 2006
2 46 PM
6/22/{:OD6
6/22/2006
~;~2:;45 PM V~li'l & Son Land8Caping Corp
El~l?LOYEE LIST BY POSITION
U, S. Payroll
hrst
PUf<,CH
IAlst
l'tJRCH
By~ Employee 1D
Employee ID
Purch~ain~ As~nt
Mia.mi Indirect Cost t'8sign Bui
Miami Indirect Coat I.andscapin
O.lan~o indi.~ct Cost Landacap
WPS Indirect Cost L~>dacaping
0145
F484-
0153
01(Jl
Page' 1
UBer ID: oloureiro
Name:
GARCIA, JUAN J
ODm. AUGUSTO C
LEITNER, KENNETI!:
NOGO'ET, BARBARA
4- E~~loyeea for Position
4. Employees
No, 2981
P 4/10
16 B 11
System:
:'-'aer Date:
?:inges:
Employee In.
Position:
"'"Inactive
0':J8ition
Department
J U 11. 22. 2006
G/22/200G
G/:l.:l./200G
By' Employee ID
2:46FM
2<n:49 PM Vi.la Ii Son Landscaping Corp,
~HPLOYBE LIST BY POSITrON
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'fSMGR
~4$t
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- - - - - -- - - -- - - - -- - -- - - -- - - -- - - -- -- - - - - - - - - - - - - - -. - -- - -- - --~
Em"loyee :I;D
YSMGR
ORLGA
WPBGA
Yard Manager
orla.~do Gen & Admin
WPB General f. AdminlBtrative
F07J
F:2S7l
......_.........~---
Pags; 1
User 10; oloureiro
Nl:Irr.e
--~.~~~--.. --~".. -~~.
SAHAMONDE, SAMUEL E
QUAATAROLLI, M1AALDO
2 Employees for POBition
2 Emp:J.oyee$
No 1981
p
2/1 (I
16 B 11
--------~--~--~-----
16 B 1 1
Vehicle Imentory Lisl
Unit# Make Model Year Tag# Expdale Vin #1 Serial # Vehicle Locallon Ol\ll;;,on Insclasslfic enler,uflllll Mileage
Pl.Q1 FORD F_1504WD 2002 U435PQ 6130/2008 1 FTRX18L42NA49134 ORLANDO LANDS L1 US0715 153362,00
PT-02 FORD RANGER 2001 U63HFM 6130/2007 iF1YR10C21TA16578 MIAMI SHOP L1 188,34700
PT-03 FORD F-450 2002 i 2/3012007 1 FDXF46F72EA91723 MIAMI IRRI M1 US0668 82,46100
PT-04 FORD F-150 2002 U437PQ 613012008 lFTRX17LX2NA49138 TREE FARM GROWER L1 US0718 140,00500
PT-05 FORD F.150 2002 U439PQ 6130120081FTRX17L62NA49136 FORT MYERS LANDS L1 US0720
PT-06 FORD F-250 2000 W37LDA 12/3112007 1FTSX30F6YEC72285 WEST PALM MAINT L1 192,08300
PT-07 FORD F-450 2002 VQ1NPM 12/3112007 1FDXF46F72EC97107 ORLANDO IIRRI MT US1766 155,40500
PT-OB FORD FA50 1999 U48UKD 1213112007 1FDXF46F7XE849952 FORT MYERS IRRI M1
PT.09 FORD F-250 2006 S231ZW 12131120071FTSX20P6EB63675 FORT MYERS LANDS cr USG117
PT-10 FORD F-150 2003 W89DVA 613012003 1 FTRWOBl13KC90083 ~I LT
PT-11 FORD F-150 1999 S290ZW 613012008 1FTRF18WXXNB61375 MIAMI -" TREEFARM LT
PT.12 FORD F.250 1994 A319DG 1213112006 1FTHX25MBRKA16244 WEST PALM SHOP LT
PT.13
PT-14 FORD F-350 2003 V12LAB 1213112007 1FTSW30F03EA83255 WEST PALM MAINT LT US2B49 92,676,00
PT-15 FORD RANGER 2003 W23ANE 613012008 1FTYR10D03PA12758 MIAMI IRRIS LT US3178 81.03800
PT-16 FORD F-450 2002 V14NPM 12131/2007 1FDXF46FB2ED66743 WEST PALM IRRI MT US1674 7033900
PT_17 FORD F.350 2003 V85TGS 12/31/2007 1FlINX32F73EA50068 ORLANDO MAINT L1 US2848 11654100
PT-18 FORD F-150 2006 S289ZW 6/30f20081FTRF122X6NA6169B MIAMI MAINTS LT USG240 45,21400
PT-19 FORD F-150 2006 S291ZW 613012007 1FTRF122X6NA61636 ORLANDO BUYER LT U5G238 41,798,00
PT.20 FORO F-250 2004 X43YMY 12131120071FTNX20P94EE01971 MIAMI LANDS L1 057201 90,53900
PT-21 TOYO PICKUP 1995 V90DXA 613012007 JT4U010D5S0006619 ORLANDO YARD LT
PT-22 FORO F SUPER 0 1997 X28FZS 1 FDLF47F3VEC16878 FORT MYERS IRRI MT
PT-23 FORD F-450 2006 U409WF 12/3112007 1 FDX446P66EA827B4 MIAMI DESING B M1 USG255 46,25400
PT.24 FORD RANGER 2007 V9058C 6/3012008 1FTYR10087PA26896 MIAMI MAINTS LT USK487
PT-25 FORO F.250 1997 X98ZBZ 12131120071FTHX26FOVEA34116 ORLANDO MAINT L,T 294,570.00
PT-26 FORD F.250 1997 Q921FD 1213112007 1 FTHX25F2VEA341 04 MIAMI MAINT 'c'
PT-27 FORO F-150 2001 U310JY 613012007 lFTZFl7271NB30509 FORT MYERS Lf
PT-28 FORO RANGER 2001 U338JY 6130/2007 1FTYR14041P830724 FORT MYERS LT 212059,00
PT-29 FORD F-250 2006 U932WE 1213112007 lFTSX20P86ED19364 ORLANDO MAINT LT USG330 2702300
PT-30 FORO F.250 2006 U411WF 1213112007 1FTSX20P56EB68189 FORT MYERS LANDS Lf U5G260
PT-31 FORO F.450 2006 J062FG 1213112007 1FOXX46P56EB71470 FORT MYERS IRRI MT USG340
PT.32 FORD FSUPER 0 1993 5018DV 1213112007 2FDLF47M7PCA29084 ~~~,..;, LT
PT-33 FORD SUPER DU 1993 V42RJD 12131120072FDLF47M5PCA57045 MIATREEFARM SHOP M1
PT-34 FORD F-450 2006 U061FG 1213112007 1FDXX46P56EA08429 WEST PALM IRRI MT USG339 1708000
PT-35 FORO F.450 2003 H73FLY 1213112007 lFDXX46P33E897920 WEST PALM IRRI M1 US2940 66,79800
PT_36 FORO F-150 2006 V281AZ 6130/2008 1FTRF12236KD99932 ORLANDO IRRI LT USK234 28,37500
PT-37 FORO F-250 1999 U76PHB 1213112007 lFTNX20F2XEA81582 ORLANDO MAINT LT 297,04500
PT-38 f'ORD F-250 1999 U75PHB 12/3112007 lFTNW20FOXEA76755 CLEARWATER MAINT LT 207,70200
PT-39 FORO F-250 2006 U410WF 12/3112007 1FTSTX20P76EB67612 CLEARWATER MAIN1 LT USG259
PT-40 FORD F-250 2006 U909WE 12/3112007 1FTSX20P66ED19363 ORLAND LANDS L1 U5G329 19,05900
PTA1 FORO F.450 2006 S915UM 12/3112007 1FDXX46P86EC68257 MIAMI IRRI M1 USG365 7,562.00
PTA2
PT.43 FORD F-150 2006 U335JE 6/3012008 1 FTRF12216KD99654 ORLANDO LANDS LT USK236 14,46700
PT.44 FORD F-250 1999 154QTT 12131120071FTNX20FXXED60794 ORLANDO MAINT L1 267.59900
PT-45 FORD F-250 2006 U948WE 12/3112007 1FTSX20P06ED35137 WEST PALM MAINT LT USG331
PT-46 FORD RANGER 2003 W24ANE 6/30/20081FTYR10D13PA15877 MIAMI DESIND B LT US3179 105,93300
PT-47 FORD RANGER 2007 V9088C 6130120081FTYR10D77PA20829 MIAMI LANDSS LT USK488 12,45700
PT.48 FORD RANGER 1999 V45PXD 613012007 1FTYR10C4XUA.45034 ORLANDO SHOP LT I
PT-49 FORD F-250 1999 W300TK 1213112006 1FTNX20F3XEE44777 WEST PALM MAINT L1 I 172,25700
PT-50 FORO F.250 2006 U095VZ 1213112007 1FTSX20P26ED35138 WEST PALM LANDS LT USG332 18,66900
PT-51 FORO F-150 200' U434PQ 6/3012008 1 FTRX17W31 NB09253 MIAMI LANDS S LT US0608 156,28600
PT-52 FORO F-250 2006 V402EW 12/3112007 1 FTSX20P26ED70410 WEST PALM lANDS Ll USG333 14,34500
PT-53 FORD F.450 2003 Wl1WEY 1213112007 lFDXW46P63ED55265 MIAMI IRRI M1 US4857 4803500
PT.54 FORD F-450 1995 S9980U 1213112007 1FDLF47F7SEA63756 ORLANDO MECHAN MT
PT-55 FORO F-450 2003 X37CFR 1213112007 1FDXX46P13EC68225 MIAMI IRRI M' US4983 58,712.00
'-'T"iC,\ '--:y,~,--, ',,1,,:,1"1='" , I:]' 1 .,':~I ,"":0(,1) ';I'Tlr47;:j"f.i'-1,.:58" ,I/i',(';",,'" ""I,:! )'1"
PT-56 FORO RANGER 2007 X302ZX 6130/20081FTYR10DX7PA72441 CORP SAFETY 0 Ll USK536
PT-57 FORO F-250 2007 V887BB 1213112007 1FTSX20P37EA27980 MIAMI ~ANDS Ll USK611 7,17300
PT.58 FORO F.150 2005 S923ZC 6130120081FTRF12275NB53818 WEST PALM BUYER L1 USC639 48,56200
PT.59 FORO RANGER 2000 W63DVA 6/3012007 1FTYR10C2YPA43749 FORT MYERS LANDS L1
PT--60 FORD RANGER 2000 W61DVA 613012007 1FTYR10C2YTA56251 FORT MYERS 5HOP L1
PT--61 FORD F-250 2001 S023DV 12/31120071f'TNX20F61EA55168 WEST PALM MAINT LT
PT--62 FORD F.250 2001 S038DV 12/3112007 1FTNX20F81EA55169 MIAMI LANDS Lr ~ 132,73200
PT.63 FORD F-250 2006 V060Fl 12131/2007 1FT5X20P86ED70413 f'ORT MYERS MAINT L1
PT-64 FORD RANGER 2001 C588VX 6130/2007 lFTYR10081TA72257 WEST PALM SHOP L1 133,278
PT-55 FORD F-250 2006 V062FI 1213112007 1 FTSX20P66ED70412 WEST PALM LANDS LT USG335 18,02000
PT-66 FORD F-150 2001 U199JW 6130/20081FTRX17L71NB12159 WEST PALM MAINT L1 US0607 126,56600
PT--67 FORO F-450 2002 T435DT 1,2131/2007 1FDXF46F92EA91724 WEST PALM MAINT M1 US0669 107,82600
PT--68 FORO F-150 2002 U438PQ 6/30/2oo81FTRX17L82NA49137 MIAMI IRRIS cT US0719 89,62600
PT--69 FORO RANGER 2007 V907BC 6130/20081FTYR10D67PA20871 WEST PALM cT USK486
PT-70 FORO F-150 2006 U336JE 6130/20081FTRF12246KD99342 CLEARWATER MAINT LT USK235
PT-71 FORO F-150 2002 U195JW 6/30/20081FTRX17L52NA49144 WEST PALM LANDS ;1 US0721 116,94300
PT.?) FORO F.150 2002 U440PQ 6/30120081FTRX17LX2NA49141 MIA TREEFARM TREEFARM LT US0724
PT-n FORD F-150 2002 U197JW 6/30/2008 1FTRX17L 12NA49142 WEST PALM LANDS LT US0723 133,670,00
PT_74 FORD F_150 2002 U441PQ 6/30120081FTRX18L22NA49133 ORLANDO LANDS LT US0716 155,056,00
PT-75 FORD F-450 2002 U25ZGD 12/31120071FDXF46F82EB25569 ORLANDO IRRI MT US0670 107,07600
PT-76 FORD F-150 2002 U436PQ 5130120081FTRX18L02NA49132 ORLANDO I,ANDS II US0717 135,60900
PT-77 FORD H50 2002 X362ZX 6/3012008 1FTRX17L82NA49140 MIAMI LANDSS L1 US0725 120,86400
pT-78 FORD F_150 2002 X363ZX 6/3012008 1FTRX17L 12NA49139 FORT MYERS LANDS L1 0S0726
PT.79 FORD RANGER 2002 X364ZX 6/3012008 1 FTYR 10D62PA58206 MIAMI MAINTS LT US1790 142,76500
PT.80 FORD F-350 ,999 V30RHS 12131/20071FDWF36F4XLB42172 WEST PALM IRRI LT
PT 81 FORD RANGER 2.002 X366l.X 613012008 1FTYR10D12PA50868 MIAMI LANDS S I..T 0S2172 16677100
PT-82 FORD RANGER 2002 X365ZX 6130/2008 1FTYR10D02PA54135 MIAMI MAIN1S L1 US2171
PT-83 FORD F-350 1995 V44RJD 12131/2007 1 FT JW35F8SEA52662 ORLANDO MAINT LT 306,29600
PT-84 FORD F-350 2000 V591SR 12131/2007 lFTWW33F9YEA68290 ORLANDO LANDS L1 222,28700
PT-85 FORO F-350 2001 T31IIL 12131/20071FD\N\N36F01EB71448 ORLANDO IRRI LT 191,85500
16 B 1 1
PT.B6 FORD F-350 2002 V84TGS 12/31/20071FTSW30F92EA52438 ORLANDO MAINl i.T U52845 1,13,228.00
Pi-57 FORD F-250 2003 V89TGS 12131120071FTNW20F23EA95575 ORLANDO MAINT I,T U52847 107,076.00
PT-B8 FORD F-250 2003 V88TGS 12/31/20071FTNW20F93EB07544 ORLANDO LANDS LT U52846 124,04800
PT.B9 FORD F-250 2003 W03ANE 613012007 1 FTNX20P73EB99386 MIAMI LANDS LT U52930 98,332.00
PT-9O FORD F.250 2003 W04ANE 12/3112007 1FTNX20P93EB99387 MIAMI DESING B I,T US2931 93.38700
PT-91 FORD F-350 2003 H88FLI 12131/2007 lFTWW32PX3EB91468 WEST PALM MAINT LT U52938 76,54500
PT-92 FORD F-250 2003 W06ANE 1213112007 1FTNX20P73EB91465 WEST PALM MAINT LT
PT.93 FORD F-250 2003 W08ANE 1213112007 lFTNX20P03EB91467 ORLANDO LANDS LT U52937 135,99700
PT-94 FORO F-350 2003 W10ANE 12/3112007 1FTWW32P13EB91469 ORLANDO MAINT LT US2939 109,07600
PT-95 FORD F.250 2003 W56ANE 12131/20071FTNX20P53EB91464 ORLANDO MAINT LT US2934 121,89600
PT-96 FORD F-250 2003 W07ANE 12/3112007 1FTNX20P93EB91466 wEST PALM LANDS LT US2936
PT-97 FORD F-250 2003 W55ANE 1213112007 1 FTNX29P63E897919 WEST PALM LANDS LT US2932 10463600
PT-98 FORD F.250 2003 W05ANE 1213112007 1FTNX20P33EB91463 CLEARWATER MAINT LT US2933
PT-99 FORD F-450 2003 W52AQF 12131120071FDXF46PX3EB91471 ORLANDO LANDS MT US2943 14U86 00
PT-100 FORD F-350 2003 W06AQF 12/31120071FTWX32P23EC35332 MIAMI MAINT LT US2944 85,944.00
PT.101 FORD F-450 2003 W50AQF 1213112007 1 FDXX46P53E897921 ORLANDO IRRI MT US2941 9366200
PT-102 FORD F-250 2003 W04AQF 12/31/2007 1FTNF20P83EC35329 LT US3104
PT-103 FORD F-250 2003 W05AQF 1213112007 1 FTNF20P43EC35330 LT US3105
PT-104 FORD F-450 2003 W48AQF 12131/20071FDXF46P73EC35328 MT US3106
PT_105 FORD F.450 2003 W51AQF 12/3112007 1 FDXF46P83EB91470 MIAMI IRRI MT US2942
PT-106 FORD F-450 2003 W92LBU 1213112007 1FDXX46PX3EB39948 WEST PALM IRRI MT US3918 72.699,00
PT-107 FORD F-450 2003 W86LBU 12/3112007 1 FDXX46P33ED27940 MIAMI IRRI MT US3584 63}3700
PT_108 FORD F-450 2003 W70LBU 1213112007 1FDXW46P23ED23204 ORLANDO MAINT MT US4170 77,607.00
PT-109 FORD F-450 2003 W71LBU 12/31/2007 1 FDXW46P03ED23203 WEST PALM MAINT MT US4171 76.825_00
PT-110 FORD F-450 2003 W72L8U 1213112007 1FDXW46P83EOO8240 MIAMI MAINT MT US4191 88,36300
PT-111 FORD F-150 2003 W49LBU 6/30/20081FTRF17203NB09231 FORT MYERS IRRI LT US4414
PT-112 FORD RANGER 2003 W50LBU 613012008 1FTYR10DX3P813774 MIAMI BUYER ,~ T U54415 110,60900
PT-113 FORD RANGER 2003 W19LDA 6/30/2007 1FTYR10D73PA78756 ~.~,' LT US4547"i
PT-114 FORD F-450 2003 A321DG 12/3112007 1FDXX46P23ED58175 WEST PALM IRRI MT U54978 63,64700
PT-115 FORD FA50 2004 X20HUE 12/31/2007 1FDXX46P14EA32918 MIAMI IRRI MT US5125 62,1990()
PT-116 FORD F-250 2004 X19HUE 1213112007 1 FTNX20P44EB00248 MIAMI LANDS LT US5204 58,789.00
PT-117 FORD F-250 2003 X82HUE 12131/2007 1FTNW20P94EB59301 WEST PALM LANDS LT i!: ~~~
PT.118 FORD F.150 2004 X92CFR 6130120082FTRF17234CA02777 WEST PALM LANDS LT US5405 76A6800
PT-119 FORD F-250 2004 X30HUE 12/3112007 1 FTNX20L44EC07166 CLEARWATER MAINT LT US5310
PT-120 FORD F-450 2004 X08XMT 12/3112007 lFDXW46P84ED77477 ORLANDO IRRI MT US7226 79,299.00
PT-121 FORD F-250 2005 X64YNA 1213112007 1 FTSX20P15EA32138 ORLANDO LANDS LT US7262 78,81400
PT-122 FORD F-250 2005 X63YNA 12/31/20071FTSX20P45EA28587 ORLANDO LANDS LT US7261 53,697.00
PT" 123 FORD F-150 2004 X61YNA 613012008 1FTRF12W94KD87333 ORLANDO MAl NT LT US7259 113.26900
PT-124 FORD F-150 2004 X62YNA 6/30/2008 lFTRF12W84NC41780 WEST PALM SUPER LT US7260 105,69500
PT-125 FORD F-250 2005 X97YNA 1213112007 1 FTSX20PX5EA19677 WEST PALM lJ\NDS LT US7263 36.94700
PT-126 FORO F.550 2005 R939yQ 12/31/20071FDAW56P95EC32655 WEST PALM MAINT MT USC247 29,91000
PT-127 FORD FA50 2005 R940YQ 1213112007 1FDXW46P35EA34206 ORLANDO MAINT MT USC248 45.67600
PT-128 FORD F-250 2005 R137YU 12131/2007 1 FTSX20P95E012311 FORT MYERS LANDS LT USC486
PT-129 FORD F-250 2005 R136YU 12/31120071FTFX20P95E.G99124 FORT MYERS LANDS LT USC484
PT-130 FORD F-250 2005 R135YU 1213112007 1FTSX20P25EC90250 MIAMI LANDS LT USC485 36,525.00
PT_131 cORD F.150 2005 R433YT 6/30120081FTRF12215NA98153 ORLANDO LANDS LT USC503 86,77000
PT -132 FORD F-150 2005 56838B 6/3012008 1FTRF12255NA94204 WEST PALM MAl NT LT USC558 43,34100
PT-133 FORD F-150 2005 S68488 6/30/20081FTRF122X5NB55871 MIAMI IRRIS LT USC559 61,475.00
PT.134 i'ORD F-450 2006 S431AK 1213112007 1FDXW46P86EA23011 FORT MYERS IRRI MT USC640
PT -135 FORD F-150 2005 P873VL 6/30/200B 1FTRF12215NB86619 ORlJ\NDO LANDS LT USC622 69,006
PT-136 FORD f-150 2005 P881VL 613012008 1FTRF12235NB87089 ORLANDO MAINT LT USC665 57,89200
PT -137 FORD F-150 2006 U010VZ 6/30/20081FTRF12216NA29349 MIAMI LANDS S LT USG371 48,54200
PT.138 FORD f.250 2006 V061FI 12/3112007 1 FTSX20P46ED70411 MIAMI MAINT L,T USG334 18,39100
PT-139 t"ORD F-450 2007 U345JE 12/31/20071FDXX46P47EA33372 MIAMI DESING B MT USK237 8,68300
PT-140 FORD F-250 2007 V906BC 1213112007 1 FTSX20P67EA 10364 MIAMI LANDS LT USK489 5,81600
PT-141 FORD F-250 2007 V9098C 12/3112007 1 FTSX20P37EA38042 MIAMI LANDS cT USK490 13.98400
PT-142 FORD F-250 2007 V705HP 1213112007 1 FTSX20P77EA63526 MIAMI LANDS LT USK610 5,61200
PT.143 FORD F-250 2007 V714HP 12/31/2007 1 FlSX20P57EA76372 MIAMI MAINT LT USK633 6.27600
PT-144 FORD F-250 2007 1FTSX20P77EA74414 ORLANDO l.ANDS LT USK673 B,87600
PT-145 FORD F-250 2007 1 F1SX20P47EB47495 WEST PALM MAINT LT USK526 1,40000
PT-146 FORD F-250 2007 1FTSX20P67E847496 Mr...-ilahouse LT USK527
PT-147 FORD F-250 2007 1 FTSX20P87EB47497 MIAMI MAINT LT USK528 2,40100
PT-148 FORD RANGER 2007 X111ZV 6/3012008 1FTYR10D77PA51806 MIAMI MAINT LT USK951 1,09200
PT-149 FORD RANGER 2007 X112ZV 6130/2008 1 FTYR10D87PA38966 WEST PALM SUPER LT USK950 1,138.00
PT.150 FORD F-250 2007 X144ZV 1213112007 1FTSX20P47EB47500 ORLANDO MAINT LT USK531 1,374.00
PT-151 FORD f-250 2007 X145ZV 12131/2007 1FTSX20P17EB47499 CLEARWATER MAINT IT USK530
PT-152 FORD RANGER 2001 X183ZV 613012008 1 FTYR 1 OD77PA66080 ORLANDO MAINT LT USK532 '47
PT-153 FORD RANGER 2007 X184ZV 6/30/20081FTYR10D97PA66081 FORT MYERS MAINT LT USK535
PT.154 FORD F..250 2007 X547ZU 12/31120071FTSX20PX7EB47498 Mr...-ilahouse I,T USK529
PT-155 FORD RANGER 2007 X303ZX 6130/20081FTYR10D17PA72442 Mr...-ilahouse LT USK533
PT-156 FORD F-150 2007 923HQW 613012007 1FTRF12W67NA57250 CORP FLEET MAN LT USK969
16811
TRUCK INVECTORY
UNIT# MAKE MODEL YEAR TAG # EXP DATE VIN # 1 SERIAL # LOCATION
T-01 FORD F-750 2006 N47281 12/31/2007 3FRXF75V46V237197 ORLANDO
T-02 MACK DM685S 1978 T036DU 12/31/2006 DM685S31383 ORLANDO
T-03 MACK CH613 1990 A322DG 12/31/2007 1M2AA06YXLW005895 WEST PALM
T-04 FORD F-750 2006 N1357L 12/31/2007 3FRXF75H76V287375 MIAMI
T-05 MACK CH613 1993 N9962G 12/31/2007 1M2AA13Y9PW026883 WEST PALM
T-06 MACK CH613 1996 X54FZP 12/31/20071M1AA13YOSW046436 FORT MYERS
T-07 MACK CH613 1994 U33UJZ 12/31/2007 1M1AA13Y8RW036991 ORLANDO
T-08
T-09
T-10 MACK CH613 1991 V96BTK 12/31/2007 1M1AA13Y2MW013506 MIAMI
T-11 MACK CH613 1994 U23UJO 12/31/2007 1M1AA13YXRW036989 WEST PALM
T-12 MACK CH613 1999 W03VOJ 12/31/2007 1M2AA14Y1XW097686 ORLANDO
T-13 MACK CH613 1993 X46FYZ 12/31/2007 1 M2AA 12Y6PW024929 MIAMI
T-14
T-15 MACK CH613 1994 S039DV 12/31/2007 1MAA13Y7RW028963 MIAMI
T-16
T-17
T-18 FORD L -9000 1993 N6400L 12/31/2007 1FTYY95L 1PVA34447 FORT MYERS
T-19 FORD F-750 2006 N0021K 12/31/2007 3FRXF75T66V328938 MIAMI
T-20 MACK CH613 1993 V06RHS 12/31/2007 1M1AA13YXPW024189 ORLANDO
T-21 MACK CH613 1996 W90HUP 12/31/2007 1M1AA13Y6TW065560 MIAMI
T-22 MACK CH613 1999 Q162YA 12/31/20071M1AA18Y2XW114767 MIAMI
T-23 MACK CH613 1998 P137HY 12/31/2007 1 M2AA 13Y9WW089299 ORLANDO
T-24 MACK CH613 1997 W574JS 12/31/2007 1M1AA13YXVW081991 FORT MYERS
16 B 11
TCH-INVENTORY
UNIT# MAKE MODEL YEAR VIN # / SERIAL # LOCATION DIVISION
TCH-01 CASE 560 2001 JAF0348500 MIAMI IRRIGATION
TCH-02
TCH-03 CASE 660 1995 JAF0164750 WEST PALM IRRIGATION
TCH-04
TCH-05 VERMEER RT-100 1VRX051 E251 001755 WEST PALM IRRIGATION
TCH-06
TCH-07 CASE 660 USED JAF0296399 MIAMI IRRIGATION
TCH-08 CASE 560 2001 JAF0348487 ORLANDO IRRIGATION
TCH-09 VERMEER V4150A 1 VRP082R6W1 000550 WEST PALM IRRIGATION
TCH-10
TCH-11 DITCH WITCH 1030 USED 1S3177 MIAMI IRRIGATION
TCH-12
TCH-13 DITCH WITCH 1030H 1 S4244 ORLANDO IRRIGATION
TCH-14 CASE USED JAF0164381 MIAMI IRRIGATION
TCH-15 VERMEER V3550 USED 1VRF072U2T1000583 FORT MYERS IRRIGATION
TCH-16 DITCH WITCH 1820 USED 1 R2692 MIAMI IRRIGATION
TCH-17 DITCH WITCH 1820A 1 R2677 ORLANDO IRRIGATION
TCH-18 DITCH WITCH 1820 USED 1S2601 FORT MYERS IRRIGATION
TCH-19 DITCH WITCH 1820K USED 1 S2549 MIAMI IRRIGATION
TCH-20 DITCH WITCH 1820 1998 1S1260 WEST PALM IRRIGATION
TCH-21
TCH-22 CASE 660 2003 JAF0351016 FORT MYERS IRRIGATION
TCH-23 DITCH WITCH RT-40 2005 3Y1159 ORLANDO IRRIGATION
???? DITCH WITCH 3500 3J0285 MIAMI IRRIGATION
???? DITCH WITCH 5110 5J0608 FORT MYERS IRRIGATION
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UT VEHICLE INVENTORY
Exp Date VIN # /SERIAL # Vehicle Location Division Insclasslfic enter, unll#
SALME15456A217172 JCV CORP LT
4/3012007 lFMYU60E83UB27268 MIAMI DE SING B LT US2949
4/30/2007 1 FMYU60E83UA04005 FORT MYERS Rotator LT :~)ti;!~~~ikJ
SALME11453A118255 RICK LEAL CORP LT
I I
4/30/2007 1MEU63E77UA54222 WEST PALM GM L1 USK817
6/30/2007 lFMYU22XXWUB81540 MIAMI DESING B LT
4/30/2007 1 FMYU60E92UB90989 WEST PALM LT US1337
5/30/2008 1 FMEU62E76UA 13802 JOE JENSSEN CORP LT USG116
Model
RANGE ROV
EXPLORER
EXPLORER
RANGE ROV
YEAR TAG #
2006
2003 W58ANE
2003 VIOOAZ
2003
UNIT # Make
UT-Q1 LAND ROV
UT"02 FORD
UT-03 FORD
UT -04 LAND ROV
IUT,05 I
UT-06 FORD
UT-07 FORD
UT-08 FORO
UI-Q9 FORD
UT-10
UT-11
UT-12
UT-13
UT-14
UT15
UT-16 FORD
UT-17
UT18
UT-19
UT-20 FORD
UT-21
UT-22
UT-23 FORD
UT"24
UT-25
UT-26 FORD EXPLORER 2006 S765ZR
UT-27 FORD EXPLORER 2002 V56GL Y
UT-28 FORD EXPLORER 2002 X367ZX
Ul-29 FORD EXPLORER 2003 V07TIJ
,~tR\,O>."O:-t~t~~lrJ_j~Yj;
UT-31 FORD EXPLORER 2003 V21LAB
UT-32 FORD EXPLORER 2005 S524AZ
Ul-33 FORD EXPLORER 2003 W57ANE
UT-34 FORD EXPLORER 2005 P825VL
UT .35 FORD EXPLORER 2005 V95LAB
EXPLORER
EXPLORER
EXPLORER
EXPLORER
2007
1998
2002
2006
V319HQ
U345JY
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2001 W36LOA
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EXPLORER
2001 U28ZFP
1l9J.."...",...,..,
6/30120071FMYU60E01UA18557 WEST PALM
4/30/20071FMEU15W62LA06704 MIAMI
4/30/2007 lFMYU60E41UC86673 MIAMI
6/30/2008 1 FMEU62E06UA55650 MIAMI
4/30/2007 lFMYU60E52UB20325 ORLANDO
4130/2008 lFMZU62E62UC90419 FORT MYERS
4/30/2007 1FMZU62K13UA44000 MIAMI
"dl&lllli.l/J_~II;i!IlIl!:ift$Yd""
4/30/2007 1 FMYU60E93UA47462 MIAMI
4/30/2007 lFMZU62K95ZA78059 WE,ST PALM
4/30/2007 1 FMYU60E63UB27267 ORLANDO
4130/20071FMZU62K95UA41302 ORLANDO
4/30/2007 1 FMZU62K23UB28049 ORLANDO
.,......"..,-
BUSIDEVE
PROJ MAN
GM
JOHN OKE
Richard Fife
Jorge Quint
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DESING B
LANCE
KEITH
JON GREG
16 B 11
L T :;~_Il&i
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US2173
US2867
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16 ,... 11
t
BH-INVENTORY
UNIT# MAKE MODEL YEAR VIN # I SERIAL # LOCATION DIVISION
BH-01 CASE 580-M SERIES 2 2006 N6C401967 MIAMI DESING B
BH-02 CASE 580-M 2001 JJG0306717 MIAMI LANDS
BH-03 CASE 580-M 2001 JJG0306681 MIAMI LANDS
BH-04 CASE 1995 JJG0221359 WEST PALM LANDS
BH-05
BH-06 CASE 580-M SERIES 2 1999 JJG0249737 MIAMI LANDS
BH-07 CASE 2000 JJG0248562 WEST PALM LANDS
BH-08 CASE 580-M 2002 JJG0309679 MIAMI LANDS
BH-09 CASE 580-M 2002 JJG0309202 MIAMI LANDS
BH-10 CASE 580 SUPER M 2003 JJG0374264 MIAMI LANDS
BH-11 CASE 580-M SERIES 2 2005 N5C390142 FORT MYERS LANDS
LE-INVENTORY
UNIT# MAKE MODEL YEAR VIN # I SERIAL # LOCATION DIVISION
LE-01 CASE 621 1988 JAK0020658 WEST PALM LANDS
LE-02 CASE 621-8 1995 JEE0041669 ORLANDO LANDS
LE-03 CASE 621-0 2002 JEE0134001 MIAMI LANDS
LE-04 CASE 570-MTX 2002 JJG0300240 ORLANDO LANDS
LE-05 CASE 570-MTX 2002 JJG0300803 ORLANDO LANDS
LE-06 CASE 221-0 2002 HEC581163 MIAMI LANDS
LE-07
LE.08
16 B 11
16 B 11
SL-INVENTORY
UNIT# MAKE MODEL YEAR VIN # / SERIAL # LOCATION DIVISION
SL-01 BOBCAT 873 2001 514144272 ORLANDO LANDS
SL-02 BOBCAT S-250 2003 521313803 MIAMI DESIN8 B
SL-03 BOBCAT 873 2000 514143598 WEST PALM LANDS
SL-04 BOBCAT T-300 525413561 FORT MYERS LANDS
SL-05 BOBCAT
SL-06 BOBCAT 873-8 2000 514143152 MIAMI LANDS
SL-07 BOBCAT 873-8 2001 514148778 MIAMI LANDS
SL-08 BOBCAT 873 2001 514148780 WEST PALM LANDS
SL-09 BOBCAT 873-8 2002 514151093 MIAMI LANDS
SL-10 BOBCAT S-300 2006 531112103 MIAMI LANDS
SL-11 BOBCAT S-250 2003 521314443 WEST PALM LANDS
SL-12 BOBCAT
SL -13 BOBCAT S-250 2003 521316052 WEST PALM LANDS
SL-14 BOBCAT
SL-15 BOBCAT
SL-16 BOBCAT S-300 2005 525816287 ORLANDO LANDS
SL-17 BOBCAT T-300 2005 525415651 ORLANDO LANDS
SL-18 BOBCAT
SL-19 BOBCAT T-300 525415868 FORT MYERS LANDS
SL-20 BOBCAT
16 B 11
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WT Vehicle Inventory
Unit# Make Model Year Tag# Exp Date Vin # / Senal # Vehicle Location Division
WT-01 FORD F-550 2005 S530AZ 12/31/2007 1 FOAF56P46EA23325 ORLANOO LANOS
WT-02 FORO L-9000 1993 M0328Z 12/30/2007 1 FTYV95LOPVA34634 MIAMI LANOS
WT-03 FORD F-550 2005 S531AZ 12/31/2007 1 FDAF56P06EA82694 ORLANOO LANDS
WT-04
WT-05 MACK R-688S 1985 N9963G 12/31/2007 2M2N187Y8FC008275 FORT MYERS LANDS
WT-06 FORD F-550 2006 V947RX 12/31/2007 1 FOAF56P76EC60133 ORLANOO LANOS
WT-07 MACK R-686S 1979 N4039E 12/31/2007 R686ST3381 ORLANDO LANDS
WT-08 FREIGHT FL-80 1989 N3888G 12/31/2007 1 FVX 1 WYBOKH442273 FORT MYERS LANOS
WT-09 MACK R686S 1989 M3796Z 12/31/2006 2M2N187Y5KC025402 MIAMI LAN OS
WT-10 FORD L -9000 1989 M3828Z 12/31/2006 1 FDYV95T9KVA02463 MIAMI LAN OS
WT-11 FORD L -9000 1993 N 17660 5/31/2007 1FTYY95L1PVA35758 WEST PALM LANDS
WT-12 FORO F-750 2005 N9969 12/31/2007 3FRXF75T76V243767 ORLANDO LANOS
WT-13 FORD F-750 2005 N9971G 12/31/2007 3FRXF75T86V230607 WEST PALM LANOS
WTL-01 HElL TRAILER 1962 C3506A permanent 906799 ORLANOO LANDS
16 B 11
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Vila & Son landscaping Corp. ("Contractor") of 4175
Buckingham Rd., Fort Myers, Florida 33905, a Florida corporation, authorized to do
business in the State of Florida, to perform all work ("Work") in connection with
Immokalee Road Streetscape Beautification Project, Bid No. 08-5033 ("Project"), as
said Work is set forth in the Plans and Specifications prepared by McGee and
Associates, the Engineer and/or Architect of Record ("Design Professional") and other
Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: eight hundred twenty seven thousand,
seven hundred sixty nine dollars and fifty six cents. ($827,769.56)
GC-CA-l
16 B 11
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas,gov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety,
B, If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liauidated Damaaes.
A. Time of Performance,
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within one hundred and fifty (150)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or utilize the Work (or designated
portions thereof) for the use for which it is intended. Contractor shall achieve Final
Completion within thirty (30) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B, Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
GC-CA-2
16811
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, one thousand four
hundred and twenty three ($1,423.00) for each calendar day thereafter until
Substantial Completion is achieved, Further, in the event Substantial Completion is
reached, but the Contractor fails to reach Final Completion within the required time
period, Owner shall also be entitled to assess and Contractor shall be liable for all
actual damages incurred by Owner as a result of Contractor failing to timely achieve
Final Completion.
The Project shall be deemed to be substantially completed on the date the Project
Manager (or at his/her direction, the Design Professional) issues a Certificate of
Substantial Completion pursuant to the terms hereof. Contractor hereby expressly
waives and relinquishes any right which it may have to seek to characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
GC-CA- 3
16811
G, Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents,
H, Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by McGee and Associates
and identified as follows: Immokalee Road Streetscape
Beautification Project as shown on Plan Sheets 1 through 117.
Contractor's List of Key Personnel
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Pamela Lulich and Bob Petersen, Project Managers
Collier County Transportation Alternative Modes
2885 S. Horseshoe Drive
Naples, FL 34104
(239) 252-8494
GC-CA-4
16B11
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U,S, Mail, E-
mail or Facsimile, addressed to the following:
Mr. Richard Fife, General Manager
Vila & Son Landscaping Corp.
4175 Buckingham Rd.
Fort Myers, Florida 33905
239-466-2700
Fax: 239-466-4700
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and AssiQns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. GoverninQ Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
GC-CA- 5
16 811
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision,
Section 13. Entire AQreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severabilitv.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Chanae Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion,
GC-CA-6
16811
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
TWO WITNESSES:
By:
Vila & Son Landscaping Corp.
t-"'-,,~=-~, ':-....c'>-....,~
.r--~----- .- -"= .~ /' ---
2:>
kc'ApL 1:>. C,..-'47'AA..J,6JM.,
Type/Print Name and Title
FI
:J).
Type/Print
'9"H
Date: ;)- dl-arog
OWNER:
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
Dwight E. Brock, Clerk
~~~~~~II^O.C. BY:
"gutwt Ml}, '
Approved As To Form
and Legal S~UffiCiencY: ~
Print Name: ~
Assistant County r ey
Item # 11&1l
Agenda \-LC(:O~
Date
D31~ ~ -2..1 'i) ~
I<"cd
Cluu.,
Deputy Clerk
GC-CA-7
16Bl1
EXHIBIT A
PUBLIC PAYMENT BOND Executed in 6 Counterparts
Immokalee Road Streetscape Beautification Project
Bond No. 0049438
Contract No. 08-5033
KNOW ALL MEN BY THESE PRESENTS: That Vila & Son Landscaping Corp., 4175
Buckingham Road, Ft. Myers. FL 33905 (239) 466-2700 , as Principal,
and Westfield Insurance Companv , as
Surety, located at POBox 5001, Westfield Center, OH, 44251-5001 (800) 430-1386
(Business Address) are held and firmly bound to The Board of County Commissioners of Collier County. Florida
as Obligee in the sum of EIGHT HUNDRED TWENTY SEVEN THOUSAND SEVEN HUNDRED SIXTY NINE & 56/tOOTHS
($ 827,769.56 ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a cONntroacot33dlaterl as of the day of
, . Contracf o. 8:'51 ; mmofalee ~oad Streets cape
2008, With Obligee for Beautification Prolect. Immokalee Road. from 1.75 to 41. Collier County. FL
in accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
mptly makes payment to all claimants as defined in Section 255.05(1), Florida
::'latutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of 2008, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
Owner's Address:
3301 E. Tamiami Trail
Naples, FL 34112
(239) 252-8446
GC-CA-A-1
Signed, sealed and delivered
in the presence of:
16811
PRINCIPAL
--t~,) Yb
~.\c\<-.\~ "\" \)..." \~\ ~A~
Witnesses as to nnclpal
Vila & Son Landscaping Corp.
BY:
NAME:
ITS:
~~~:;'~~A~
c..Fr0E. 17 ^ '-- fVlAt0AC.E..(L
STATE OF Florida
COUNTY OF L~lZ'
The foregoing instrument was acknowledged before me this \ ,;11+ day of 1== <CO'~ .
20.Q8, by W A(')t=:. c:...1-\ Af'rY\..Af'-l , as c..i6I0snA.'-.. M.~ it- . of
Vila & Son Landscaping Corp. , a Florida corporation, on behalf of the
corporation. ~Ishe is personally known to me OR has produced f\..J / A as
identification and did (did not) take an oath.
(::ure~ .
My Commission Expires:
..... D FAIRCLOTH
~.;~~~"v~:;,.. ,-lOT;\I'Y PU8liC S-:ATE OF FLOR\DA
f ~"; CU'.,lMIS:;ICN Ii OD437825
..."..... ,I {J.': eXPiRES 016/2009
4."~'(O'I"r:1'..' '-- . , Vi
........ BONDED "rHRU "i_888.N01 AR,
NAME:
.2:> ' I==' A 1lLC...l..- cr:\+
(Legibly Printed)
\"r=FIX OFFICIAL SEAL)
Notary Public, State of ~LOrLl OA
Commission No.: ~D43-'f\7O;;;;-
ATTEST:
SURETY:
Westfield Insurance Company
(Printed Name)
POBox 5001
Westfield Center. OH. 44251.5001
(Business Address
(Auth . ure)
urety
(Printed Name)
GC-CA-A-2
OR
16811
A ney in Fact & Florida Licensed Resident
(At ach Power of Attorney) Agent
,,'7 --'v~~~ ~ 6\AJ
Witnesses
April L. Lively
(Printed Name)
Inquiries: (407) 834-0022
POBox 5001
Westfield Center. OH, 44251,5001
(Business Address)
(800) 430-1386
(Telephone Number)
STATE OF Florida
COUNTY OF Seminole
I .,e foregoing instrument was acknowledged
February , 2008, by
Attornev in Fact
Surety, on behalf of Surety. He~ is
Personallv Known
before me this
April L. Lively
of Westfield Insurance ComDanv
personally known to me OR has produced
as identification and who €Ii€I (did not)
12th
day of
as
take an oath,
My Commission Expires:
KATHLEEN A. CLIIWSON
Pllblic State ot Flonda
NotarV ' 0 2003
My (limn'.. expo P,ug. 3 ~o
;"',_;"_,,., ::::. DD 3510:...
~...-' 0.. Ua.uJ.-,-.J
(Signature)
Name: Kathleen A. Clawson
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: Florida
Commission No,: DD 351092
GC-CA,A-3
16811
EXHIBIT A
PUBLIC PERFORMANCE BOND
Executed in 6 Counterparts
Immokalee Road Streetscape Beautification Project
Bond No. 0049438
Contract No, 08-5033
KNOW ALL MEN BY THESE PRESENTS: That Vila & Son Landscaping Corp., 4175 Buckingham Road,
Ft. Myers, FL 33905 (239) 466-2700, as Principal, and Westfield Insurance Company
, as Surety, located at
POBox 5001, Westfield Center, OH 44251-5001 (800) 430-1386
(Business Address) are held and firmly bound to
The Board of Countv Commissioners of Collier County. Florida , as Obligee in the sum of
EIGHT HUNDRED TWENTY SEVEN THOUSAND SEVEN HUNDRED SIXTY NINE & 561100THS
($ 827.769.56 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
, 2008, with Obligee for
,",onuact 1\10. UI:Ii-OUJJ; ImmOKalee 1"(080 :;streets cape tieaUtlTlCatlon t"roject, Immokalee Road, . d 'th d' d
from 1.75 to 41 Collier Countv Fl In accor ance WI rawlngs an
specifications, which contract is incorporated by reference and made a part hereof, and
is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all
Obligee sustains because of any
not limited to, all delay damages,
losses, damages, costs and attorneys' fees
default by Principal under the Contract, including,
whether liquidated or actual, incurred by Obligee;
that
but
and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
This instrument shall be construed in all respects as a common law bond. It is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond.
GC-CA-A-4
Owner's Address:
3301 E. Tamiami Trail
Naples, FL 34112
(239) 252-8446
16811
no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this _
day of , 2008, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body,
Signed, sealed and delivered
in the presence of: >
~~ ~r l>
1{"r ~ IlAf.....-U br, {tl"/Z,
Witnesses as to Principal
PRINCIPAL
Vila & Son Landscaping Corp.
BY: (
~-->..:...---=.::2'_ ~~
...-"'
'^-.)AOr;z:. c.HAf(y\ArV
c..<e::NEl"1...A.L- (Y\.AI\.J~~
NAME:
ITS:
STATE OF Florida
COUNTY OF L-~IC::'"
~, foregoing instrument was acknowledged before me this \'-1. -r14 day of
i::::~D . , 2008, by LA) D.nE CI-IA pfV\A.r0 as
C;~t0l2~'-- fY\~Ac...0fL of Vila & Son Landscaping Corp. a
Florida corporation, on behalf of the corporation, ~/she is
personally known to me OR has produced "-.J / A
- as identification and did (did not) take an oath,
My Commission Expires: G:" Co 0'1 . ~tu'~re) ".' -------/
...;..;..::.... 0, FAIRCLOTH ____
i.~O .,,'-. NOTA"" PUBliC, STATE 0 FFLORIDA Name: ::::1), l-A I iZ..-C-~-C7T\+
i E COM\1ISSlCN t;.OD437825
'.'", ~.: "XP'RE". '6/2000 (Legibly Printed)
":'" ,,"'..' t, ..;:) 0/ "
(AFFIX"'O'''F' FICI ~9NQ.E;Jl THL",U 1.888.NOTARYl
AL ~I::A.J Notary Public, State of: ~LOlLIOA
Commission NO.:::J::,r) Y ~ ~Pl7. <r-
GC-CA-A-5
ATTEST:
SURETY:
16811
Westfield Insurance Company
(Printed Name)
POBox 5001
Westfield Center, OH, 44251-5001
(Business Address)
Au
~
/
tt ey in Fact & Florida Licen ed Resident
ch Power of Attorney) Agent
Witnesses as to Surety
/) ~~'
, , 61,..0
\ L-L---""'-a ~
Witnesses LJ
April L. Lively
(Printed Name)
I ",-!uiries: (407) 834-0022
POBox 5001
Westfield Center. OH, 44251-5001
(Business Address)
(800) 430-1386
(Telephone Number)
STATE OF Florida
COUNTY OF Seminole
The foregoing instrument was acknowledged before me this 12th day of
Februarv , 2008, by April L. Lively , as Attorney in Fact
of Westfield Insurance Company , a Ohio Surety, on
behalf of Surety. He@ is personally known to me OR has produced
Personallv Known as identification and who QjQ (did not) take an oath.
My Commission Expires: ~----' 0.... ~<'~
,~;\'Cl:_~~:~ \.~,~ \;'~,~:i:'!l ( ignature)
NO''''\j Pl:;';;", 01G<,'"':)'
l<.!l1 ' .' ........0':'
Mv sornm. expo I\:lg. 30~ to:'" J
, i'J~:T1rr." No. DO 3510~:J2
Name: Kathleen A. Clawson
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: Florida
Commission No.: DO 351092
GC-CA,A-6
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER II AND ISSUED PRIOR TO 05/11103, FOR ANY PERSON OR PERSONS NAMED BELOW.
__RTIFIED COPY
POWER NO. 09JtbJ111
Westfield Insurance Co.
Westfield National Insurance Co.
Ohio Farmers Insurance Co.
Westfield Center, Ohio
General
Power
of Attorney
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company'" and collectively as "Companies," duly
. organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoi nt
JACK W. GUlGNARD, BRYCE R. GUIGNARD, M. GARY FRANCIS, PAUL J. CIAMBRIEllO, APRlll. LIVELY, JENNIFER l.
MCCARTA, KATIE N. BIRD, MARGIE LYNN MORRIS, BRETT A. RAGLAND, JOINTLY OR SEVERAllY
of LONGWOOD and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred In its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances. undertakings, or other Instruments or contracts of
suretyship- - - - - - - . - - - - - . . - - - - - - - - . . - . - - - - - - - - - - - - - - - . - . - - - - - - - . - - - - - - - - .
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY. MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any ofthe Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAl INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and-is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act f9r
and on behalf of the Company subject to the following provisions: . .
The Attorney-in-Fact may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-In-Fact shall be as binding upon the Company as if signed by the President and sealed .and attested by the Corporate Secretary.~
....Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certWcate relating thereto by facsimlle. and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bo.nd or undertaking to which it is attached."' (Each adopted at a meeting
held on February 8. 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY aM OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 11th day of
MAY A,D.,2OO3 .'
-,rporat~"-' U"~.... .""""''''''
....' ~#.""If ,.,"'::,\\ONALr."'"
~~als ~~........::.c.,., .t~'r'-......""'~&"',
Affixed ;II' ....."'\.('t lQ ..' "'(/-?~
f<:lsm'';: !,if/ ....:;..,
!,::t'\.. j~~ 1E[ SEAL jiri~
vJ ~'?''\.:0 ff
.,.. ... ,'-". '0'
.......~_./.... '--Z..................... ,.,....
""" . ..,\.,.
",,,...,n"
'~...._~"........~..
/' ........... ...
/ ..' _. ". Ilo'\.
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WESTFIELD INSURANCE COMPANY
WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY
State of Ohio
County of Medina
,
;p,.
ss.:
By:
Richard L. Kinnaird, Jr., Senior Executive
On this 11th day of MAY A.D.. 2003 . before me personally came Richard L. Kinnaird, Jr. to me known, who. being by me duly
sworn, did depose and say, that he resides In Medina, Ohio; that he Is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described In and which executed the above
Instrument; that he knows the seals of saId Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed
by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. ~
Notarial dj , .
Seal
Affixed
State of Ohio
County of Medina
William J. Kahelln, A rney at Law, Notary Public
My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
ss.:
I, John T. H. Batchelder, Secrelary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney. executed by
said Companies. which Is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out In the Power of Attorney
are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of saId Companies at Westfield Center, Ohio, this
A.D.,
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John T. H. Balchelder, Secretary
BPOAC2 (combined) (06-02)
ACORDm
CERTIFICATE OF LIABILITY INSURANCEp&ge 1 of 3 2 8 0
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
877-945-7378
willis North America, Inc.
26 Century Blvd.
P. O. Box 305191
Nashville, TN 372305191
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
vila and Son Landscaping Corp
20451 SW 216 Street
Miami, FL 33170
INSURER A: united State. Fire Insurance Company 21113-001
INSURERS: St. Paul F'!re and Marine Insurance Compan 24767-004
INSURER C:
INSURER 0:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
I~~: ~'1,'1:~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLlCY EXPIRATION LIMITS
A X ~NERAL L1ABIUTY 5417000541 4/1/2007 4/1/2008 EACH OCCURRENCE $ 1 000 000
X COMMERCIAL GENERAL LIABILITY ~~~~\1;~~9E~~~r~nce\ $ 300 000
I CLAIMS MADE [iJ OCCUR MED EXP (Anyone person) $ 5 000
- PERSONAL & ADV INJURY $ 1 000 000
GENERAL AGGREGATE $ 2 000 000
~'~ AGG~Er;lE 11IMIT APPlS ~ER: PRODUCTS - COMP/OP AGG $ 2 000 000
POLICY X ~~~T lOC
A X ~TOMOBllE lIABIL.ITY 1387300842 4/1/2007 411/2008 COMBINED SINGLE LIMIT
(Eaaccident) $ 1,000,000
1L ANY AUTO
- AllOWNEDAUTOS BQDllYINJURY
(Per person) $
- SCHEDULED AUTOS
- HIREDAUTOS BODilY INJURY
(Per accident) $
- NON-OWNED AUTOS
- - PROPERTY DAMAGE
(Per accident) $
-
==r~GE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
B ~~SSlUMBREllAlIABllITY QK06802363 4/1/2007 4/1/2008 EACH OCCURRENCE $ 5 000 000
X OCCUR D CLAIMS MADE AGGREGATE $ 5 000 000
$
~ ~EDUCTIBLE $
X RETENTION $ 10 00 $
A WORKERS COMPENSATION AND 4066802811 4/1/2007 4/1/2008 X I T"X~~T~IJl4-~ I IOJbl-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.l. EACH ACCIDENT $ 1 000 000
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1 000 000
If yes, describe under 1 000
SPECIAL PROVISIONS below E.L. DISEASE. POLICY LIMIT $ 000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSlVEHICLESJEXCLUSIONS ADDED BY ENDORSEMENTISPEC1AL PROVISIONS
Division/Location: Ft. Myers Branch
Bid #: 08-5033, Immokalee Road Streetscape Beautification Project.
It is agreed that Collier County Board of County Commissioners is included as an Additional
Insured as respects to General and Auto Liability, but solely in regards to work being performed by
or on behalf of the Named Insured in cnnnac~ion with the nro~ect described herein.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OFTHE ABOVE DESCRIBED POL.ICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil ~ DAYS WRITTEN
ACORD 25 (2001/08)
Coll:2256186 Tpl:611664 Cert:10311015
@ACORDCORPORATION 1988
Collier county Board of County commissioners
Attn: Brenda Brilhart
3301 East Tamiami Trail
Naples, FL 34112
l~Rl'
WillIs CERTIFICATE OF LIABILITY INSURANCE Page 2 DATE ...
of 3 02108/2008
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
.._, P. O. Box 305191
Nashville, TN 37:;1:305191 INSURERS AFFORDING COVERAGE NAIC#
INSURED vila and Son Landscaping Corp INSURER A: United States Fire Insurance Company 21113-001
20451 sw 216 Street INSURER B: at. Paul Fire and Marine Insurance Compan 24767-004
Miami, FL 33170
INSURER C:
INSURER 0:
I INSURER E:
DESCRIPTION OF OPERATlONSIlOCAT10NSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
It is further agreed that such insurance as is afforded shall be Primary and Non-contributory with
any other insurance in force for or which may be purchased by Additional Insured.
It is understood and agreed that the company waives its right of subrogation against Collier
County Board of County Commissioners which may arise by reason of a payment of claim under the
General Liability policy as required by contract.
Coll:2256186 ~1:611664 Cert:l0311015
Page 3 of 3
1
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
Coll:2256186 Tpl:611664 Cert:10311015
16 B 11
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
-";lll insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
(5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
- '9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC.CA-B-1
16 B 11
_ coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
Jwner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
from any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used, The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3, All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida,
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? ~ Yes 0 No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
Contractor during the term of this Agreement for all employees engaged in the work under this
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
X $1,000,000 Each Accident
GC-CA-B-2
16811
._(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
30 endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work,
D Applicable ~ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work.
D Applicable ~ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? ~ Yes D No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
_x
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
(3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
coverage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement.
D Applicable ~Not Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
,~applicable to the completion of the work under this Agreement.
GC-CA-B-3
16 B 11
o Applicable ~ Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
(2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
-windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
,- )ayable to the Owner for the insured, as their interests may appear.
GC-CA-B-4
16 B 11
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? IZl Yes D No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
X Bodily Injury & Property Damage - $2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-5
eo1mr County
~
16 B 11
COLLIER COUNTY GOVERNMENT
CONTRACT INSURANCE
REQUIREMENTS
TYPE LIMITS (Checkl
X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government
Statutorv Limits and Reauirements
X Emolover's Liabilitv $500,000 X $1,000,000
X Commercial General $1,000,000 per accurrence X $2,000,000 per occurrence
Liability (Occurrence Form) bodily injury and property bodily injury and property
patterned after the current damage damage
ISO form with no limiting
endorsements.
Airpart Liability Insurance $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damaae damaae
Hanaarkeeoers Liability $500,000 oer aircraft $1,000,000 per aircraft
Aircraft Liability Insurance $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damaae damaae
X Business Automobile $1,000,000 per occurrence X $2,000,000 per occurrence
Insurance bodily injury and property bodily injury and property
damaae damaae
Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damaae damaae
Builders Risk Insurance OWNER Will Purchase-Replacement Cost- All Risks of loss
Professional Liability $1,000,000 per occurrence $2,000,000 per occurrence
Insurance $1,000,000 aaareaate $2,000,000 aaareaate
INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant
shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the
performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge
or reduce any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. This section does not pertain to any incident arising from the sole negligence
of Collier Countv.
Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
No County Division, Department, or individual name should appear on the Certificate. No other format will
be accentable.
Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name
and number shall be included on the certificate of insurance.
Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liabilitv and/or Airport Liability where reauired.
FORM 4- Major Trade- High Hazard
16 B 11
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 2008 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2008, by
,~~ ,a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
GC-CA-C-1
16 B 11
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE
(Project Name)
%
%
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
=
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
GC-CA-D-1
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16 B 11
EXHIBIT E
CHANGE ORDER
TO:
Project Name;
Bid No.:
Change Order No.:
Change Order Description
FROM: Collier County Government
Construction Agreement Dated:
Date:
Original Agreement Amount".,.,.,.."...,.,.,.. ,..,..,..,...,..,..,...,.,..,..,..., $
Sum of previous Change Orders Amount ....... ,............ .................$
This Change Order Amount ...... ............... ,'............. '............... ..$
Revised Agreement Amount...... ................. ............... ..................$
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by:
Design Professional
Date:
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Approved by:
Date:
Division Administrator
Approved by;
Date:
Purchasing Department
Authorized by
Director
(For use by Owner: Fund
Number: )
Date:
Cost Center:
Object Code:
Project
GC-CA-E-5
16 B 11
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No,
Design Professional's Project No.
PROJECT
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto, This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents, The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion,
GC-CA-F-1
16 B 11
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2008
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2008
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2008
OWNER
By:
Type Name and Title
GC-CA-F-2
16 B 11
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No,: Project No
Contractor:
The following items have been secured by the
for the Project known as
Date:
,2008
and have been reviewed and found to comply with the requirements of the Contract Documents,
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days,
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2, Warranties and Guarantees assigned to Owner (attach to this form).
3, Effective date of General one year warranty from Contractor is:
4, 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation,
7. Certificate of Occupancy No.:
issued on (attach to this form),
8, Certificate of Substantial Completion issued on
9, Final Payment Application and Affidavits received from Contractor on:
10, Consent of Surety received on
11, Operating Department personnel notified Project is in operating phase.
12, All Spare Parts or Special Tools provided to Owner:
13, Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A
explanation.
Acknowledgments:
By Contractor:
If NO is checked for any of the above, attach
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
By Owner:
GC-CA-G-1
16 B 11
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
GC-CA-H-1
16 B 11
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
GC-CA-H-2
16 B 11
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Saturday. Lane closures are only permitted between the hours of 9;00 a.m.
and 3:30 p.m. No work shall be performed outside the specified hours without the prior
approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
GC-CA-H-3
16 B 11
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either; (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held through out
the course of the Project schedule. Owner reserves the right to reduce the amount of
the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing
Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
GC-CA-H-4
16 B II
4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of;
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
GC-CA-H-5
16 B 11
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
GC-CA-H-6
16 B 11
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
GC-CA-H-7
16 B 11
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.3
personnel;
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
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faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
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9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed; (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall prornptly perforrn changes
authorized by duly executed Change Orders. The Contract Arnount and Contract Tirne
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
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sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
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written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
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determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
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above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor; (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
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calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
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Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
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by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits;
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
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to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
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construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
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23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
GC-CA-H-20
16 B 11
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
GC-CA-H-21
16 B 11
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
GC-CA-H-22
16 B 11
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following;
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
GC-CA-H-23
16 B I I
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOr) policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt
of Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
GC-CA-H-24
16 B 11
shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below;
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
GC-CA-H-25
16811
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
GC-CA-H-26
16 B 11
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records;
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
GC-CA-H-27
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
16 B 11
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PM IS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information; Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing for all employees that shall provide services to the County under this
Agreement. This may include, but not be limited to, checking federal, state and local
GC-CA-H-28
16 B 11
law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
GC-CA-H-29
16811
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
"The County may, at its discretion, use the VISA I MASTER card credit network as a
payment vehicle for goods and I or services purchased as a part of this contract."
GC-CA-I-1
16 B 11
EXHIBIT J
TECHNICAL SPECIFICATIONS
GC-CA-J-1
16 B 11
EXHIBIT K
PERMITS
. SFWMD Riqht of Way Occupancy Permit
GC-CA-K-1
16811
BIG CYPRESS BASIN
SOUTH Fl.ORIDA WATER MANAGEMENT DIsnucr
- 2640 Golden Gate Parkway, Suite 205, Naples, FL 34'lO5
(219) 263-'7615 .. Suncom 721.7920 .. Fax (239) 263-R166 .. www,s-fwmdgov/bcb/
LAN 08-02
Cocohatchee Canal
November 14, 2007
Collier County.
Department of Alternative Transportation Modes
Pamela J. Lulich, RLA
2885 South Horseshoe Drive
Naples, FI 34104
Dear Miss Lulich;
Subject:
LETTER OF MODIFICATION to SFWMD Right of Way Occupancy Permit
Numbers 10911, Collier County, Cocohatchee Canal
Staff is in receipt of the landscaping and irrigation drawings, provided for the planting of
trees and installation of irrigation line along the West side of Airport Road Canal
required by Special Conditions of Right of Way Occupancy Permit Number 10911.
Please be advised that staff has reviewed the submittal drawings and has no objection
to the suggested landscaping.
Therefore, this letter is your official notice that a Letter of Modification is in effect for
the subject Right of Way Occupancy Penmit.
ADDITIONAL SPECIAL CONDITIONS;
TREES AND LANDSCAPING:
1, THE PERMITTEE SHALL BE RESPONSIBLE FOR THE REMOVAL OF
ALL MATERIALS AND DEBRIS FROM THE DISTRICT'S CANAL AND
RIGHT AWAY; AND, FOR THE REPAIR, REPLACEMENT AND
RESTORATION OF ANY SECTIONS OF THE DISTRICT'S RIGHT OF
AWAY DAMAGED OR DISTURBED RESULTING FROM THE
AUTHORIZED ACTIVITY. RESTORATION SHALL BE TO THE
SATISFACTION OF THE DISTRICT AND MAY INCLUDE PLACEMENT
OF RIP-RAP AND/OR GRADING/RE-SHAPING, SEEDING, RE-
SODDING WITH BAHIA, ARGENTINE OR OTHER SPECIES
RECOGNIZED BY THE DISTRICT AS A DROUGHT TOLERANT
SPECIES.
(lOARU
DIRrL:.Tf'!i;
C!1<lr!es J Dau.r;-)~', l]l1Iir, Ey offidn. IN Cormty
John 1:-. Sllff'V lJl, Vice Chair. Nl1l1f<"l
. '
AllriaE Abbott MIUI.',} 1.,;11111,1
Libby Andl"rs,m :'\'<l/Jle.'
Lies3 Priddy, ~je'Td'1rV'- rmmoka[~'<, C],l.nonc<, S Tl'ilrS, Jr
Ivn C Stiliger, Ph,D -1\.'ill)],,'
16 B 11
Page 2
Pamela J. Lulich, RLA
November 15, 2007
2. THE PERMITEE SHALL COMPLY WITH ALL THE PERMIT(S)
NECESSARY TO EXECUTE FUTURE WORK WITHIN THE SFWMD'S
RIGHT OF WAY.
3. IN ISSUING THIS PERMIT, THE DISTRICT IS NOT RELINQUISHING
ANY OF ITS RIGHTS; PARTICULARLY ITS RIGHT TO USE THE CANAL
RIGHT OF WAY FOR ACCESS TO PERFORM MAINTENANCE
OPERATIONS ALONG THE CANAL. THESE MAINTENANCE
OPERATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO,
INSPECTIONS, POST STORM RECOVERY OPERATIONS, TREE AND
VEGETATION MANAGEMENT PROJECTS OR CHANNEL, BANK OR
SHORELINE IMPROVEMENT PROJECTS AND ALSO INCLUDE
FUTURE CANAL IMPROVEMENT INITIATIVES.
4. BY ACCEPTANCE OF THIS PERMIT, THE PERMITTEE SPECIFICALLY
ACKNOWLEDGES THAT:
A. ONLY THOSE TREES AND PLANTINGS SPECIFICALLY APPEARING
ON THE PERMIT DRAWINGS ARE AUTHORIZED.
B. PRIOR DISTRICT WRITTEN APPROVAL IS REQUIRED BEFORE
PLACING ANY ADDITIONAL TREES OR PLANTINGS WITHIN THE
DISTRICT'S CANAL RIGHT OF WAY.
C. THE PERMITTEE IS PUT ON NOTICE THAT THIS PERMIT DOES NOT
AUTHORIZE THE REPLACEMENT OF THE EXISTING AUTHORIZED
TREES OR PLANTINGS WHICH DIE, BECOME DISEASED OR
DAMAGED.
IF TREES WERE AUTHORIZED WITHIN 40' OF THE TOP OF
BANK....
D. THE PERMITTEE IS PUT ON NOTICE THAT FUTURE REQUESTS FOR
TREES WITHIN FORTY FEET OF THE TOP OF THE CANAL BANK
WILL BE DENIED.
5. THE PERMITTEE IS RESPONSIBLE FOR THE MAINTENANCE OF ALL
AUTHORIZED TREES AND PLANTINGS WITHIN THE DISTRICT'S
RIGHT OF WAY AND THE GROWTH OF SAID TREES, INCLUDING
PRUNING OF TREE CANOPIES. THE PERMITTEE SHALL MAINTAIN
THE TREES IN SUCH A MANNER SO NO PORTION OF THE
AUTHORIZED PLANTINGS EITHER OVER-HANG OR ENCROACH
ONTO THE AREAS SPECIFIED BY THE DISTRICT TO REMAIN CLEAR
FOR CANAL MAINTENANCE PURPOSES. UPON THE REQUEST OF
16 B 11
Page 3
Pamela J. Lulich, RLA
November 15, 2007
THE DISTRICT, THE PERMITTEE SHALL IMMEDIATELY TRIM OR
PRUNE ANY TREES OR PLANTINGS IDENTIFIED BY THE DISTRICT
TO THE DISTRICT'S SATISFACTION AND AT THE PERMITTEE'S
SOLE EXPENSE. LARGE TREES MUST BE MAINTAINED AT A
MAXIMUM HEIGHT OF 25'.
6. THE PERMITTEE IS PUT ON NOTICE AND AGREES THAT ANY
DAMAGE RESULTING FROM THE SUBJECT TREES SHALL BE THE
SOLE RESPONSIBILITY OF THE PERMITTEE.
7. THE DISTRICT ASSUMES NO RESPONSIBILITY FOR ANY TREES OR
PLANTINGS WITHIN ITS RIGHTS OF WAY THAT MAY BE DAMAGED
AS A RESULT OF THE DISTRICT'S CONSTRUCTION OR
MAINTENANCE ACTIVITIES.
Please update your records by attaching this Letter Modification to your permit file.
Should you have any questions, or require further assistance, please do not hesitate to
contact me at 239-597-1505 x7614.
S~' cerel}f.\
t' "~I \
,/v~ ~ \I1'l.I\?
hilip y::,dimenez
Senior Engineering Associate
Big Cypress Basin
PJ/bp
16 B 11
EXHIBIT L
STANDARD DETAILS
GC-CA-L-1
16 B 11
EXHIBIT M
PLANS AND SPECIFICATIONS
GC-CA-M-1
16 B 11
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-'
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPt 6 C . 1
. TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO - J. /
TEE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATtJRE
Ptiu% 011 pin!: paper. AltId1 III original "~~r Original "~m_'" shcl1fd be lwuI delivered III l!lc Boazd Office.. Tl>>ccmpleO:dmuliDg,up md original
"~.. ""Ill befurwmleclllll!lc Boud.OfliCl: anlya/lcrl!lcBoud.has 01I0:II.aaUm.0Ill!lc ilClll..) . ....
. . ROUTING SLlP. .
. Campl"'"",llling!iDes IllfImush #4 as ~ fur addilimaI sigJlllll<CS, dat=. andIoriDfamatiOll aecded..1f l!lc "~_ri..Jrcllly complete wilhl!lc
UOIlatl!lcn"m.""",.S' dnw.lineliDoa raulin Jincs#llluou #4, !ell:l!lcc:llcckJi3t;md fbrward III Slldihcn (lino1lS).
Route to Addressee(s) . Office Initials Date
(I.i:stinmu' ordt:r)
1.
PRIMARY CONTACT INFORMATION
(The primluy __ i:s l!lc bolder of l!lc origiIW -=, pCllding Bee approval. NonIllllIy l!lc primluy conma i:s r1l. p""oo wbo c=rod/prqlarcd r1l. executive
SUIJUZWY. Primary ccaClCt in!cmmti.oa. is uccdcd in rhc eyent one of r:hc :ddrcsu:c:s ~e. including Sue FiJsoa. aced. to cpntlct staft!or additicmaJ. or missing
iofamwioo. All origiDoJ doc:omeots oocding l!lc Bee ClWrmuI', sigo,,,IUO:!tO " b. delivered tol!lc 8ee office only afD:r l!lc BCe bas aar:d to approve r1l.
item.)
Name of Primary Staff
eontact
Agenda Date Item was
A vetl b the BCe
Type of Document
Attached
\,';
2.
3.
5. Sue FIlson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
Phone Number
t:c.J
Agenda Item Number
Number of Original
Documents Attached
;J
INSTRUCTIONS & CHECKLIST
Initial the Yes column or marl:: "NIA" in the NOI Applicable column. whichever is
1. Original document bas been signedfmitialed for legal sUfficiency. (All documents to be
signed by the Chairman. with the exception of most letters. must be reviewed 3IId signed
1;y the Office of the County AmJmey. This includes signature pages from ordinances.
resolutions. etc. signed by the County AmJmey's Office and signature pages from
CODtracts, agreements, etc. that have been fully =uted by all parties except the BCe
Oairman and Clerlc to the Board 3IId ssibl Slate Officials.)
2. AU bandwritten.Sl1ike-throagb and revisions have been initialed by the County ~y: s
Office and all other arties t the Bee Chairman and the Clerk to the Board
3. The Chainpan's signature iine date has been entered ... the date ofBCC approval of the
document or the final DC tiated CODtrad: date wbichever is licable.
4. "Sign here" labs are placed on the appropriate pages indicating where the Chairman's
si 3IId initials are
S. In most cases (some con= are an exception), the original document 3IId this routing slip
should be provided to Sue Filson in the Bee office within 24 hours of BCC approval.
Some documents are lime sensitive and require forwarding 10 TalJab.assee within a certain
lime frame or the BCC's actions are nullliied. Be aware of our ,j~..n;n",,!
6. The doc:nment was approved by the Bee OD (eater date) and all changes
made during the meeting have been iDcorpora in e attached docnmeot. The
Coon Attorn s Omce bas reviewed the if a licable..
...
(073
I~e
Yes
(Initial)
N/A (NOI
liable)
era.
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I: FonmI County FonmI BCC FonmI Original D=oncols Rooting Slip WWS Original 9.03.04, Revi:scd 1.26.05, R.viocd 2.24.0$
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MEMORANDUM
Date:
January 30, 2008
To:
Gary Bigelow,
Property Acquisition Specialist
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Easement Agreement
Tamiami (Golden Gate) Wellfield Sustainability
Enclosed please find one copy of the original of the document referenced
above, (Agenda Item #16Cl), which was adopted by the Board of County
Commissioners on Tuesday, January 29, 2008.
Please forward a recorded copy to the Minutes and Records Department.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosure
16C 1
PROJECT: Tamiami (Golden Gate) Wellfield Sustainability
PROJECT NO.: 701582
FOLIO NO.: 37994800004
Prepared By:
Jennifer A. Belpedlo, Esquire
Office of the County Attorney
3301 East Tamiaml Trail
Naples, Florida 34112
(239) 774-8400
EASEMENT AGREEMENT
THIS EASEMENT AGREEMT (hereinafter referred to as the "Agreement") is made
and entered into on this . tI. day of :::::JirYtJ/fItIZ.'f ,2008. by and between
ROBERT M. JONES, a single man (hereinafter referred to as "Owner"), whose mailing
address is P.O. Box 595, Naples, Florida, 34106-0595, and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WA TER-SEWER DISTRICT (hereinafter referred to as
"Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive Utility Easement for
the purpose of utility facilities, and access, to, over, under, upon and across the lands
described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached
hereto and made a part of this Agreement; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property via a Utility Easement to Purchaser for the sum
of Thirteen Thousand and no/100 Dollars ($13,000.00), payable by County
Warrant (said transaction hereinafter referred to as the "Closing"). Said payment
shall be full compensation for the Property conveyed, including all landscaping,
trees, shrubs, improvements, and fixtures located thereon, and for any damages
resulting to Owner's remaining lands, and for all other damages in connection
with conveyance of said Property to Purchaser, including attorney's fees and
costs as provided by Chapter 73, Florida Statutes.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier County, Florida. Owner shall
provide such instruments, properly executed, to Purchaser on or before the date
of Closing.
3. Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided, however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove, release or subordinate any and all such liens,
encumbrances or qualifications affecting Purchaser's enjoyment of the Property.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instruments to Purchaser in a form acceptable to
Purchaser.
EA-UE
16C 1
Easement Agreement
Page 2
4. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
5. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred
on the Property except as specifically disclosed to the County; that the Owner has
no knowledge of any spill or environmental law violation on any land contiguous to
or in the vicinity of the Property to be conveyed to the County, that the Owner has
not received notice and otherwise has no knowledge of a) any spill on the
Property, b) any existing or threatened environmental lien against the Property or
c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the Purchaser by reason or arising out of the
breach of Owner's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with securing and recording a Subordination, Consent & Joinder of Easement of
the mortgage recorded against the land underlying the Property from the
mortgagee. The cost of a title commitment shall be paid by Purchaser.
8. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
9 Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
10. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
EA-UE
16C 1
Easement Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ;t? H. day of --r;,.AJiJ~ ,200&
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED:~\JO..\'i ~~
ATTEST:
DWIGHT E BROCK, Clerk
. ~ \ \.
A " to 0li'1rwu
s j gnatul"f 00 J .
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLO~IDA,AS
THE GOVERNING BODY ore COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY T;f;t~~"~a; ....
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AS TO OWNER:
DATED: IZ-/"-O 7
ROb'rt~ lV'r
Approved as to form and
legal sufficiency:
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIJ 6 C
TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO
TEE BOARD OF COUNTY COMMISSIONERS OFF1CE FOR SIGNATURE
Ptimaa pink paper. AItIdIIll original "~_. Original"~m_"3bouJdbe baud delivered III tbc 80ard Office. Tl>>complcledrouliDg!lip mdoriginal
"~.. "'" III ba!i:lrwud.cd.1ll tbcBoardOflia: CIlly!1!!!!:lll4 BOIl1I! Ills tIlolII.acdca.OII tbc item.) , , , . c, "
. ROUTING SLIP ' .'--
, Campa rouling..... 'llbxcagh 1#4 as ~ 1br addiliamI sigDllllla, dales. mAlar iDicmwiaa l1ecded..1f tbc """";'_;'" dx=dy ccmpa with tbc
da1attbc................. . c!r.lwllincl!mlu ""'"" _'1 114, Jemtbcchccl:li.!t;mdfbrwa:dIllSue-Filsaa(lilleffl.
Route to Addressee(s) ,Office Initials Date
(IJsr iIlmatin order)' ".._.
PR1l\1ARY CONTACT INFORMA nON
("!be prim:asy __ " lbe balder of lbe origiDaJ --=. pcoding BCC lpproVlll. NommJIy lbe primary coaQCt "' !be pcsoa who ~ lbe exoculive
su.mmary. Primary CODtact iu!crmatiOD is I1Cl:ded in die event cae of tbc iU1dres:scc:s ~ve. inc!uding Sue Filson. aeed tc cpacu:t mil fer addit:ia:W or missing
iDf-.. All original d~-., IlCCding 1lIe 8CC Ch.irm:II'" siglllllllre "" III be deUvo:eclllllbe 8ce office ollly atler lbe BCe Ills lldtd Illlppltlve tbc
itr:m.)
Name of Primary Staff
Contact
Agenda Dare Item was
ved b the EeC
Type of Document
Attached
9;f~
,,'..
2.
3.
5. Sue FIlson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Oez:k of Court's Office
Number of Original
Documents Attached
Phone Number
Agenda Item Number
INSTRUCTIONS & CHECKLIST
!IIilialthe Yes column or marlc "NI A" in the Not Applicable column. whichever is
J., Original ~00"'~~'1t has been signedl"mitialed for legal sUfficiency. (All documents to be
signed by !be Chairman. with the exception of most letters; must be reviewed and signed
tiy !be Office of !be County ArtDrney. This includes signalUre pages from ordinances,
resolutions. ele. signed by the County Attorney's Office and signalUre pages from
conlraclS, ~""'!. ele. that have been fully =ured by all parties except the ECC
Chairman and Oerlc to the Eoard and ssibl Stale Officials.)
2. AIllwu:lwrillml.sttike-tbroagh and revisions have been initialed by the County A.r1JJrnr.y: s
Office aDd all other arties tthe BCC Chairman and the Clerk to lbe Eoard
3. The Chainpan's signatU:re line date has been entered as the dale ofECC approval of the
doc:ument or the final ne tia!ed con!r3Cl date whichever is Iicable.
4. "Sign here" labs are piaced on the appropmre pages indicating where the Chairman's
si aDd initials are
5. In ti:Iost cases (some contraclS are an exception), the original document aDd this routing slip
should be provided to Sue Filson in the BCC office within 24 00= ofECC approval.
Some documents are time sensitive and require 'forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The do-~.."t was approved by the BCC aD - (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coon Attorn's Oflia has reviewed the es. if a liable.
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16C
MEMORANDUM
Date:
January 30, 2008
To:
Marlene McLaughlin, Property Acquisition Specialist
Real Estate Services
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Easement Agreement-Improve Access to Lift Stations
(Folios: 55450960004 and 5541000002)
Attached please find the original Easement Agreement (Agenda Item #16C2),
as referenced above and approved by the Board of County Commissioners on
Tuesday, January 29, 2008.
Please return document to the Minutes and Records Department to be retained
for the public record.
If you should have any questions, please call me at 252-7240
Thank you.
Attachment (I)
2'
16C 2
PROJECT: Improve Access to Lift Stations
FOLIO: 55450960004 and 55451000002
Prepared By:
Jennifer A. Belpedio, Esquire
Office of the County Attorney
3301 East Tamiami Trail EASEMENT AGREEMENT
Naples, Florida 34112
(239) 774-8400
THIS EASEMENT AGREEMENT (herein fter referred to as the "Agreement") is
made and entered into on this ,,)1 day of , 2008, by and between
FRANK J. DEWANE, as Bishop of the Dioce of Ven' ,Florida, a Corporation Sole,
whose mailing address is 1000 Pinebrook Road, Venice, Florida 34285, (hereinafter
referred to as "Owner"), and the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, (hereinafter referred to as "Purchaser"), whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive Access Easement for
the purpose of access, to, over, under, upon and across the lands described in Exhibit
"A" (hereinafter referred to as the "Property"), which is attached hereto and made a part
of this Agreement; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property via an Access Easement to Purchaser for the
sum of Four Thousand and No/100 Dollars ($4,000.00) payable by County
Warrant (said transaction hereinafter referred to as the "Closing"). Said payment
shall be full compensation for the Property conveyed, including all landscaping,
trees, shrubs, improvements, and fixtures located thereon, and for any damages
resulting to Owner's remaining lands, and for all other damages in connection
with conveyance of said Property to Purchaser.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier County, Florida. Owner shall
provide such instruments, properly executed, to Purchaser on or before the date
of Closing.
3. Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided, however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove, release or subordinate any and all such liens,
encumbrances or qualifications affecting Purchaser's enjoyment of the Property.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instruments to Purchaser in a form acceptable to
Purchaser.
4. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
EA-UE
16C 2
Easement Agreement
Page 2
5. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred
on the Property except as specifically disclosed to Purchaser; that the Owner has
no knowledge of any spill or environmental law violation on any land contiguous to
or in the vicinity of the Property to be conveyed to Purchaser; that the Owner has
not received notice and otherwise has no knowledge of a) any spill on the
Property, b) any existing or threatened environmental lien against the Property or
c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and shall reimburse the Purchaser with respect to, any and all
damages, claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the Purchaser by reason or arising out of the
breach of Owner's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with securing and recording a Subordination, Consent & Joinder of Easement of
the mortgage(s), if any, recorded against the land underlying the Property from the
mortgagee(s), including any apportionment of the compensation that may be
required by any mortgagee. The cost of a title commitment shall be paid by
Purchaser.
8. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
9. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
10. If the Owner holds the land underlying the Property in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written public disclosure, according to
Chapter 286, Florida Statutes, under oath, of the name and address of every
person having a beneficial interest in the land underlying the Property before the
Property held in such capacity is conveyed to Purchaser, its successors and
assigns. (If the corporation is registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock
is for sale to the general public, it is hereby exempt from the provisions of Chapter
286, Florida Statutes.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
EA-UE
16C 2
Easement Agreement
Page 3
IN WITNESS ~REOF, the parties hereto have executed this Agreement on
this ~q day of d;' ,20llr.
(j
AS TO PURCHASER:
DATED: /~~~~e,
,:1.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WA ER-SE ER DISTRICT
ATTEST:
DWIGHT E. BROCK, Clerk
,
A~~~S ~'~l~:~D
li1\l1l4t\N 0l01~.
BY:
I <> n'> ~r"''d- . C
.
airman
AS TO OWNER:
DATED: / / - 2 6' - 0 7
/
FRANK J. DEWANE, as Bishop of the
Diocese of Venice, Florida,
a Corporation Sole
{ Name: ;t;-<,j/J/l/t~ /!/,f/lr:)ffj
~ (Print or Type)
tr:J~ J lltun-.p
Witn s (Signature)
Name:dor;uj-Y lbGt'/(fL'?
(Print or Type)
Approved 88 10 torm & legal sufficiency
~(\Q~
,County' rney
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Memorandum
TO:
Minutes & Records Management
FROM:
Marlene J. McLaughlin, extension 8922
Property Acquisition Specialist
Real Property Management
DATE:
February 25, 2008
RE:
Improve Access to Lift Stations
Please find attached one (1) original recorded Access Easement for the above referenced
project.
The Board of County Commissioners approved the purchase on January 29, 2008; item
number 16C (2).
Thank you.
. PROJECT: Improve Access to Lift Stations
. \ (''I FOLlO~~~RfI,6~9:04 and 55451000002
\/'~' Jennifer A. Belpedio, Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples. Florida 34112 ACCESS EASEMENT
(239) 774-8400
THIS EASEMENT, made and entered into this .;;y:f Ji!JY8~~~ ,20lS, by
FRANK J. DEWANE, as Bishop of the Diocese of Venice, EIlmdll~ole, whose
mailing address is 1000 Pinebrook Road, Venice, Florida 34285, (hereinafter referred to as
"Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
~ ~ ~ ~FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
~ ~ ~ gGOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its
-successors and assigns, whose mailing address is 3301 East Tamiami Trail, Naples, Florida
34112, (hereinafter referred to as "Grantee").
-~
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:;: g ~ !il Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
"" = U Uinstrument and their respective heirs, legal representatives, successors or assigns.
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WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged,
hereby conveys, grants, bargains and sells unto the Grantee a perpetual, non-exclusive
easement for access purposes, on, over and within the following described lands located in
Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter
upon said land, for the purpose of constructing, operating, and maintaining utility facilities on
lands adjacent thereto. The easement granted herein shall constitute easements running with
the land and shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above written.
'--'
FRANK J. DEWANE, as Bishop of the
Diocese of Venice, Florida,
a Corporation Sole
olodymyr Smeryk, HIS Attorney in Fact
J-I-pAt4n;
THIS CONVEY
BOA~D OF coc~r ACCEPTED BY THE This Conveyance ApprJved Ely
COLLIE~ COUNT Y COMMISSIONERS 1, e BC!an;t Of County
PU~SU Y. FLORIDA . Commissioners
DATIO"NJ TO AGENDA' Gohier County Florida
I -d."f-os ITEM NO Ib~) u,suantT~a' ~~
- . :tte:I-bI'f m No: I~ ~
STATE OF F='LoKI'i:>A
COUNTY OF S,f2fl&xl+
The foregoing Access Easement was acknowledged before me this 21.t;t!, day of
lJoccmDEK. , 2007 by Volodymyr Smeryk, Attorney in Fact, on behalf of Frank J. Dewane,
as Bishop of the Diocese of Venice, Florida, a Corporation Sole, who is personally known to me
or who has produced as identification.
'12~ ~' Ml~
(S~~~ o~lfP
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
(affix notarial seal)
Approved.as to form & legal sufficiency
.~~-
PAMELA S. OELCAMP
m COMMISSION #00610568
EXPIRES: OCT 31,2010
Bonded through 1st State Insurance
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TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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Print on pink paper. Attach to O1iginal document. Original documents should be hand ddivcrc(l to the Hourd Oftkc. The completed routing slip and original
documents are to be forwarded 10 the Board Onice only aftl'r the Bnurd has tak..::n uction on lhe item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exec tion of the Chainnan's 51 nature, draw a line thrau h routin hnes # I throu h #4, com Jete the checklist, and forward to Sue Filson (line #5 .
Route to Addressee(s) Office Initials Date
(List in routin order
3
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCt: approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one or the addressees above, including Sue Filson. need to contact staff for additional or missing
infonnation. All original documents needing the BCe Chairman's signature are to he delivered to the Bee olIice only after the BCC has acted to approve the
2,
3,
4,
item.'
Name of Primary Staff Pam Callis Phone Number 403.2359
Contact
Agenda Date Item was January 29, 2008 Agenda Item Number 16C3
Annroved bv the BCC
Type of Document Executive Summary, Exhibit A and Number of Original I
Attached Satisfaction of Notice of Claim of lien Documents Attached
5, Sue Filson, Executive Manager
Board of County Commissioners
Yes
(Initial
6, Minutes and Records
Clerk of Court's Office
'J)a.
-::pc.
j)C
'])e
Ij)C
tJ>c,
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in tbe Not Applicable column, whichever is
a ro riate.
Original document has been signecVinitialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and oSSlbly State Officials,
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties except the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials arc re uired.
In most cases (some contracts are an exception). the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on 1/29/2008 (enter date) and all changes
made during the meeting have been incorporated in the attached document, The
Count Attorne 's Office has reviewed the chan es, if a licable.
I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3,
4,
5,
6,
16~
3"'1
EXECUTIVE SUMMARY
Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for
Sanitary Sewer System Impact Fee. Fiscal impact is $18.50 to record the Satisfaction of Lien.
OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the
Satisfaction of Claim of Lien,
CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the
Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County
Water/Sewer District of Collier County, Florida, recorded the Claim of Lien in the Office ofthe Clerk
of the Circuit Court of Collier County, Florida,
SEE ATTACHED EXHIBIT "A"
Full payment and satisfaction of this lien have been made,
The County Attorney's Office has reviewed and approved the Satisfaction of Claim of Lien,
FISCAL IMPACT: Payment in full for this Claim of Lien increases the cash flow in the County's
Sewer Impact Fee (Fund 413) by $2,500,00, The fiscal impact for recording this Satisfaction of Claim
of Lien is approximately $18,50, which is to be charged to (Fund 408) the County Water/Sewer
Operating Fund Utility Billing cost center.
GROWTH MANAGEMENT: There is no Growth Management impact associated with this item,
RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this
lien and to surrender the same canceled, and to direct the Clerk ofthe Circuit Court of Collier County
to cancel the same ofrecord, Authorize the Chairman to execute the Satisfaction of Claim of Lien,
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service,
16C 3
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
SATISFACTION OF NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against:
STANLEY W, WHITE, JR.
386 RIDGE DRIVE
NAPLES, FL 33963
The Lien was recorded on 27TH day of July 1995, in Official Record Book 2083,
Page(s) 0944, in the Office of the Clerk of the Circuit Court of Collier County, State of
Florida, The Lien secures the principal sum of Two Thousand Five Hundred and No Cents
($2,500,00), plus accrued interest and penalties, if any, and imposes certain obligations
against real property situated in Collier County, Florida, described as follows:
PARCEL 29 OF INDUSTRIAL VILLAGE, AN UNRECORDED SUBDIVISION
LOCATED IN THE NORTHWEST 'I. OF SECTION 11, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 'I. CORNER OF SECTION 11, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG
THE EAST AND WEST 'I. LINE OF SAID SECTION 11, AS SURVEYED, NORTH
89030'40" EAST, 1,987.83 FEET; THENCE NORTH 00024'17" WEST, 231.29
FEET; THENCE NORTH 89035'43" EAST, 495.00 FEET; THENCE NORTH
00024'17" WEST, 315.00 FEET FOR A PLACE OF BEGINNING; THENCE
CONTINUING ALONG THE LAST DESCRIBED COURSE, 80.00 FEET; THENCE
NORTH 89035'43" EAST, 165.00 FEET TO THE NORTH AND SOUTH 'I. LINE
OF SAID SECTION; THENCE ALONG SAID NORTH AND SOUTH 'I. LINE
SOUTH 00024'17" EAST, 80.00 FEET; THENCE SOUTH 89035'43"
WEST,165.00 FEET TO THE PLACE OF BEGINNING, BEING A PART OF THE
NORTHWEST 'I. OF SAID SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA.
ALL BEARINGS ARE BASED ON OR BOOK 1404, PAGE 2169, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
SUBJECT TO AN EASEMENT FOR ROAD RIGHT-OF-WAY, DRAINAGE, AND
UTILITIES OVER AND ACROSS THE WESTERLY 30.00 FEET OF THE ABOVE-
DESCRIBED PARCEL; AND
SUBJECT TO A DRAINAGE EASEMENT OVER AND ACROSS THE EASTERLY
15.00 FEET OF THE ABOVE-DESCRIBED PARCEL.
AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 2058, PAGE
1893 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
FOLIO NUMBER: 00253600008
16C 3
Collier County, a political subdivision of the State of Florida, and the Collier County
Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien,
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District,
acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by
action of the Board this~ day of JFtNIUi~V , 2008,
..I
. ':.'.'1;'"
".. ~ f i{,
,', . i ....,It-
ATTEST: , .
DWIGHT E, Bf.{OGK, CLERK
- .' -:.' . '(
~ ~"l..,;\..'
,:' ,,' ;11,1 II..,
Approved as to form and
Legal sufficiency: r
/DZl~L
() COUNTY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND
AS EX-OFFICIO THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER
DISTRICT
:h
16C 3
EXHIBIT
"A"
I, Stanley W, White, Jr., securing the principal balance of two thousand five
hundred and no cents ($2,500,00), Folio #00253600008
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
4123049 OR: 4325 PG: 1949
RICORDID in OPPICIAL RICORDS of COLLIIR COUNTY, PL
01/30/2008 at 12:23PM DWIGHT I. BROCK, CLIRK
RIC m 21.00
Retn:
CLBRK TO THB BOARD
INTBROPPICB 4TH PLOOR
BIT 1240
16C 3
SATISFACTION OF NOTICE OF CLAIM OF LIEN
FOR SANITARY SEWER SYSTEM IMPACT FEES
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against:
STANLEY W, WHITE, JR,
386 RIDGE DRIVE
NAPLES, FL 33963
The Lien was recorded on 27TH day of July 1995, in Official Record Book 2083,
Page(s) 0944, in the Office of the Clerk of the Circuit Court of Collier County, State of
Florida, The Lien secures the principal sum of Two Thousand Five Hundred and No Cents
($2,500,00), plus accrued interest and penalties, if any, and imposes certain obligations
against real property situated in Collier County, Florida, described as follows:
PARCEL 29 OF INDUSTRIAL VILLAGE, AN UNRECORDED SUBDIVISION
LOCATED IN THE NORTHWEST V. OF SECTION 11, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 'I. CORNER OF SECTION 11, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG
THE EAST AND WEST 'I. LINE OF SAID SECTION 11, AS SURVEYED, NORTH
89030'40" EAST, 1,987.83 FEET; THENCE NORTH 00024'17" WEST, 231,29
FEET; THENCE NORTH 89035'43" EAST, 495.00 FEET; THENCE NORTH
00024'17" WEST, 315.00 FEET FOR A PLACE OF BEGINNING; THENCE
CONTINUING ALONG THE LAST DESCRIBED COURSE, 80.00 FEET; THENCE
NORTH 89035'43" EAST, 165.00 FEET TO THE NORTH AND SOUTH 'I. LINE
OF SAID SECTION; THENCE ALONG SAID NORTH AND SOUTH 'I. LINE
SOUTH 00024'17" EAST, 80.00 FEET; THENCE SOUTH 89035'43"
WEST,165.00 FEET TO THE PLACE OF BEGINNING, BEING A PART OF THE
NORTHWEST 'I. OF SAID SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA.
ALL BEARINGS ARE BASED ON OR BOOK 1404, PAGE 2169, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
SUBJECT TO AN EASEMENT FOR ROAD RIGHT-OF-WAY, DRAINAGE, AND
UTILITIES OVER AND ACROSS THE WESTERLY 30.00 FEET OF THE ABOVE-
DESCRIBED PARCEL; AND
SUBJECT TO A DRAINAGE EASEMENT OVER AND ACROSS THE EASTERLY
15.00 FEET OF THE ABOVE-DESCRIBED PARCEL.
AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 2058, PAGE
1893 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
FOLIO NUMBER: 00253600008
OR: 4325 PG: 1950
Collier County, a political subdivision of the State of Florida, and the ~o~e~cou~
Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges
receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien,
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District,
acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by
action of the Board this~ day of JANU I#IN ,2008,
.J
~, . \:;-1/ .,,()
, ',i\" ~ - - ~ '(;
. !."{\
ATTEST: , .
DWIGf.tTE, BE~Ot..K, CLERK
,~.., ,::_~ ",,'-.".,
- ..,,,....,.v '" '-"
. , ",,;,.;, "41.11. ,,>'
,tj';I,J
Approved as to form and
Legal sufficiency: r
~DZ1'EL
() COUNTY ATTORNEY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND
AS EX-OFFICIO THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER
DISTRICT
:i
.
TOM HENNING, CHAIRMAN
*** OR: 4325 PG: 1951 ***
"A"
16C 3
EXHIBIT
1. Stanley W, White, Jr., securing the principal balance of two thousand five
hundred and no cents ($2,500,00), Folio #00253600008
-----
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SUP,
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO Jl f, !.,
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUitt ""
Print on pink paper. Attach 10 original documcnt. Original documents should bc hand delivcred to the Board OfJiec. The completcd rouling slip and original
documents are to he forwarded to the Board Oflk<.' only after the BnaaJ has taken at:!ion un Ihe ih::m.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needcd. If the document is already complete with the
exee tion of the Chairman's si nature, draw a line throu h routing lines # 1 throu h #4, com lete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s)
(List in routin order
Office
Initials
Date
~---
--------
(The primary contact is the holder ofthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the exeeulive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Pilson, need to contact staff for additional or missing
infonnation. All original documents needing the Bee ehairm,m '$ signature are 10 be delivered to the Bee office only after the BCC has acted to approve the
2,
--
item.l
Name of Primary Staff Pam Callis Phone Number 403-2359
Contact
Agenda Date Item was January 29, 2008 Agenda Item Number 16C4
Annroved bv the BCC
Type of Document Executive Summary, Re7~lution, and Number of Original I
Attached Satisfactions of Lien C(f) - 2-5 Documents Attached
---------...
~
3,
----
Yes
(Initial)
N/A(Not
A licable)
~------
4,
j)v
-::Dc.
'J>c,
'Dv
"Dc,
1)</
5, Sue Filson, Executive Manager
Board of County Commissioners
I: Fonns/ County Formsl Bee Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
6, Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a fa nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties except the Bce Chairman and the Clerk 10 the Board
The Chairman's signature line date has been entered as the date ofBCC approval ofthe
document or the final ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC omce within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullit1ed. Be aware of our deadlines!
The document was approved by the Bee on 1/2912008 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3,
4,
5,
6,
16C 14 ".'
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste
residential accounts wherein the County has received payment and said Liens are satisfied in
full for the 1992, 1994, 1995, and 1996 Solid Waste Collection and Disposal Services Special
Assessment, Fiscal impact is $98,50 to record the Satisfactions of Lien,
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts
where the County has received payment in full for the 1992, 1994, 1995, and 1996 Solid Waste
Collection Services Special Assessment.
CONSIDERA nONS:
Resolution No, 94-668 adopted by the Board on September 19,1994 provided for the recording of
the list of 1992 delinquent solid waste collection and disposal services special assessment and a
mailing of a written notice of the imposition of each residential unit lien, Resolution No, 94-668
was recorded on September 22, 1994 in Official Record Book 1986, Pages 766 through 942 of the
Official Records of Collier County, Florida, which placed a lien on certain residential properties for
the 1992 Solid Waste Collection Services Special Assessments,
Resolution No, 95-475 adopted by the Board on August 22,1995 provided for the recording of the
list of 1994 delinquent solid waste collection and disposal services special assessment and a
mailing of a written notice of the imposition of each residential unit lien, Resolution No, 95-475
was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of
the Official Records of Collier County, Florida, which placed a lien on certain residential properties
for the 1994 Solid Waste Collection Services Special Assessment.
Resolution No, 2000-236 adopted by the Board on August I, 2000 provided for the recording of the
list of 1995 delinquent solid waste collection and disposal services special assessment and a
mailing of a written notice of the imposition of each residential unit lien, Resolution No, 2000-236
was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the
Official Records of Collier County, Florida, which placed a lien on certain residential properties for
the 1995 Solid Waste Collection Services Special Assessment.
Resolution No, 2000-237 adopted by the Board on August 1,2000 provided for the recording of the
list of 1996 delinquent solid waste collection and disposal services special assessment and a
mailing of a written notice of the imposition of each residential unit lien, Resolution No, 2000-237
was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the
Official Records of Collier County, Florida, which placed a lien on certain residential properties for
the 1996 Solid Waste Collection Services Special Assessment.
Collier County Ordinance No, 90-30, as amended, provides the Satisfactions of Lien shall be
approved by Resolution,
-r
161'
..... u
h.
.
The attached Resolution lists the eight accounts that have paid in full for the 1992, 1994, 1995, and
1996 Solid Waste Collection Services Special Assessment Lien,
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolutions is
approximately $98,50, which is to be charged to County WaterlSewer Operating Fund (408),
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with
these items,
RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution
approving the eight Satisfactions of Lien for the accounts listed in the Resolutions and authorizing
the Chairman to sign the eight Satisfactions of Lien for the 1992, 1994, 1995, and 1996 Solid Waste
Collection Services Special Assessment Lien,
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service,
RESOLUTION NO. 2008 - ~
1;6 r.4'"
A RESOLUTION APPROVING SATISFACTIONS OF LIEN
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL
THE 1992, 1994, 1995, AND 1996 SOLID WASTE COLLECTION
AND DISPOSAL SERVICES SPECIAL ASSESSMENTS
1:;1(I_ n:::o
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WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of - g;
County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the
-
recording of notices of liens for the delinquent solid waste collection and disposal services special g
,.,
assessments for 1992; and
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of
County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording
of notices of liens for the delinquent solid waste collection and disposal services special assessments
for 1994; and
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County
Commissioners on August I, 2000 adopted Resolution No. 2000-236 authorizing the recording of
notices of liens for the delinquent solid waste collection and disposal services special assessments for
1995 and
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of
County Commissioners on August I, 2000 adopted Resolution No. 2000-237 authorizing the recording
of notices ofliens for the delinquent solid waste collection and disposal services special assessments
for 1996 and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve
by Resolution and record in the Official Records Satisfactions of Lien on all accounts that have been
paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended,
the Board recognizes full payment and receipt of the 1992, 1994, 1995, and 1996 Service Year Solid
Waste Collection and Disposal Special Assessments for the following accounts numbered below,
subsequent to the adoption of Resolution No. 94-668, 95-475, 2000-236, 2000-237, whereupon liens
have been recorded on real property pertaining to the accounts identified herein.
The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby
approved and the Chairman is hereby authorized to sign on behalf of the Board of County
Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien
individually in the official records of Collier County:
Account No.
1180 1274 22677 26411 26974 27889 30575 137902
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This Resolution adopted this~ day of ~1II(jJ9R V, 2008, after motion,
second and majority vote. ..,
, \) ~ . S
ATTEST: iff;
DWIGHT E. BROCK, CLERK
, ! " .:.',
BOARD OF COUNTY COMMISSIONERS
B:OLUEIh.
TOM HENNING, CHAIRMAN
'~ -:
Approved as to form and
legal sufficie y:
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This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tarniarni Trail
Naples, Florida 34112
(239) 774-8400
*** 4123253 OR: 4325 PG: 2631 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
01/31/2008 at 08:44AH DWIGHT B, BROCK, CLBRK
RBC PEE 10.00
COFIBS 1. 00
Retn:
CLBRK TO THB BOARD
IHTBROFFICB 4TH FLOOR
BXT 7240
16C
4'
Property Folio No: 00109280006
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
HINDS, KEITH R
1500 DAFFODIL CT
NAPLES FL 341202445
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida, The Lien secures the principal surn of One
Hundred Six Dollars and Sixty One Cents ($106,61) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
264727 W Y, OF SE % OF NE % OF NE % , LESS N 30FT 4.77
AC
Folio No,
Project No,
Account No,
00109280006
66000
1180
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payrnent in full satisfaction of the Lien and hereby
cancels Lien,
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Cornrnissioners of Collier
County, Florida, acting through its Chairrnan directs execution and recording of
this Satisfaction of Lien, by action of the Board this~ day of "'lJ'ANIiB~,
2008,
ATTEST:
DWIGHT E, BROCK, CLERK
A...f1I, .
~ di'iif... ','. r!Wl ,
S ",.,,^ >' , I.
.", '- "ApP%ved as to forrn
and legal sufficiency
rDz:3g('~
County Attorney
By:
TOM
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4123254 OR: 4325 PG: 2632 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
01/31/1008 at 08:44AN DWIGHT B. BROCK, CLBRK
RBC m 10,00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
m 7140
16C 4
Property Folio No, 00109280006
SATISFACTION OF LIEN
KNOW All MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain lien against:
HINDS. KEITH R
1500 DAFFODIL CT
NAPLES FL 341202445
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida, The Lien secures the principal sum of One
Hundred Five Dollars and Twenty Nine Cents ($105,29), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
264727 W Y2 OF SE % OF NE % OF NE % , lESS N 30FT 4,77
AC
Folio No,
Project No,
Account No,
00109280006
65000
1274
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the lien and hereby
cancels Lien,
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording of
this Satisfaction of Lien, by action of the Board this~ day of 'Ji::JNiJ Ii~
2008,
ATTEST:
DWIGHT E, BROCK, CLERK
;~?h1}~~
Approved as to form
and legal sufficiency
jMJ~6~~7
County Attorney
.
By:
TOM HENNIN
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tarniarni Trail
Naples, Florida 34112
(239) 774-8400
*** 4123255 OR: 4325 PG: 2633 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
01/31/2008 at 08:44AM DWIGHT B, BROCK, CLBRK
RBC m 10.00
COPIBS 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 724 0
16C
4'
Property Folio No: 71221040001
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner
and holder of a certain Lien against:
CIDADO ET AL, ROSL YN M
183 WENWORTH AVE
BROCKTON MA 024010000
The Lien was recorded on the 141h day of September 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida, The Lien secures the principal sum of
One Hundred Four Dollars And Thirty Seven Cents ($104,37), plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
ROYAL BAY VILLAS (CONDO) #78 OR 1326 PG 244
Folio No,
Project No,
Account No,
71221040001
64000
26411
Collier County, a political subdivision
acknowledges receipt of payment in full
cancels Lien,
of the State of Florida, hereby
satisfaction of the Lien and hereby
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this ';'9 day of~NII~~)I ,2008,
ATTEST:
DWIGHT E, BROCK, CLERK
:M~;r
By:
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4123256 OR: 4325 PG: 2634 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
01/31/2008 at 08:44AM DWIGHT B, 8ROCK, CLBRK
RBC FIB 10.00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROFPICB 4TH FLOOR
BIT 7240
16C 4
Property Folio No, 62310480002
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
MELVINA, MADRID
5214 JENNINGS ST
NAPLES FL 341137742
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida, The Lien secures the principal sum of One
Hundred Two Dollars and Eighty Nine Cents ($102,89), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
NAPLES MANOR LAKES REPLAT LOT 45
Folio No,
Project No,
Account No,
62310480002
65000
22677
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien,
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording of
this Satisfaction of Lien, by action of the Board this cirl day of "JIqNLlA~Y
2008,
ATTEST: .
DWIGiHT E, BROCK, CLERK
-- J.'
~~,-\~
~.: ~;". ~"~' ' ;::,~-~ .' ;~. '-,-! :',;. . ,">.'
BOARD OF C
COLLIER CO
By:
TOM HENNING, CHAIRMA
.
Approved as to form
and legal sufficiency
/~~~
rr. County Attorney
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4123257 OR: 4325 PG: 2635 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, IL
01/31/2008 at 08:11AM DWIGHT B. BROCK, CLBRK
RBC!BE 10.00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROFFICB ITH FLOOR
BIT 7210
16C
4'
Property Folio No: 74030640000
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner
and holder of a certain Lien against:
JOHNSON. MARY
1764 AQUARIUS CT
FT MYERS FL 339160000
The Lien was recorded on the 14th day of September 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida, The Lien secures the principal sum of
One Hundred Six Dollars And Seventy Two Cents ($106,72), plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
S IMMOKALEE HGTS BLK 1 LOT 20 OR 1148 PG 2137
Folio No,
Project No,
Account No,
74030640000
64000
26974
Collier County, a political subdivision
acknowledges receipt of payment in full
cancels Lien,
of the State of Florida, hereby
satisfaction of the Lien and hereby
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this Oi 9 day of J'ANURI2V , 2008,
-
, "
ATTEST:
DWIGHT E, BROCK,CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COU Y, FL IDA
By:
.
TO
Approved as to form
and legal sUfficienc~
~?
~a id C, igel
County Attorney
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
*** 4123258 OR: 4325 PG: 2636 ***
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
01/31/2008 at 08:44AM DWIGHT E, BROCK, CLERK
REC FEE 10.00
coms 1.00
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
BIT 7240
16C
4'1
Property Folio No, 71221040001
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
CIDADO ET AL, ROSL YN M
183 WENTWORTH AVE
BROCKTON MA 023016357
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida, The Lien secures the principal sum of One
Hundred Two Dollars and Eighty Nine Cents ($102,89), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
ROYAL BAY VILLAS (CONDO) #78 OR 1326 PG 244
Folio No,
Project No,
Account No,
71221040001
65000
27889
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien,
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman, directs execution and recording of
this Satisfaction ofLien, by action of the Board this c2lf day of J'ANUI'1'!j'
2008,
ATTEST:-
~
' ~.. !;
~-'-., .,;......~""'~,. .'.
: ~ ',",., -,/_' ',t.;- ",,":'~C'! .
~! . ,:' .
BOARD OF CO NTY CO MISSIONERS
COLLIER CO TY, F IDA
By:
TOM HENNING, HAIRMAN
.
Approved as to form
and legal sufficiency
r"?,1:::3.;::~
County Attorney
*** 4123259 OR: 4325 PG: 2637 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
01/31/2008 at 08:44AM DWIGHT B, BROCK, CLBRK
RBC PRE 10.00
COPIBS 1.00
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 1240
16C
4''''l
0"1
Property Folio No: 71221040001
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the
owner and holder of a certain Lien against:
CIDADO ET AL, ROSL YN M
183 WENTWORTH AVE
BROCKTON MA 023016357
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida, The Lien secures the principal sum of One
Hundred Four Dollars and Thirteen Cents ($104,13) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
ROYAL BAY VILLAS (CONDO) #78 OR 1326 PG 244
Folio No,
Project No,
Account No,
71221040001
66000
30575
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien,
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier
County, Florida, acting through its Chairman directs execution and recording of
this Satisfaction of Lien, by action of the Board this ~ day of Ji4N/l R~,
2008,
A nEST:
DWIGHT E, BR.
BOARD OF C UNTY COMMISSIONERS
COLLIER C NTY, F. RIDA
"'... '. f:!"~ ._
~ 1 '~"- ,": ',' , ,'" -'. .' ," '.
1I:pj:lr'o.;,ed as to for
and legal sufficiency
~:63c~
County Attorney
.
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774- 8400
*** 4123260 OR: 4325 PG: 2638 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
01/31/2008 at 08:44AM DWIGHT B. BROCK, CLBRK
RBC FEE 10,00
coms 1. 00
Retn:
CLBRK TO THB BOARD
INTBROmCB 4TH FLOOR
BIT 7240
16C
4 ~
Property Folio No, 68342480003
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
CATETE. JOSE LUIS
66 ISLE ST THOMAS
NAPLES FL 339610000
The Lien was recorded on the 22nd day of September 1994, in Official Record
Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida, The Lien secures the principal sum of
One Hundred Dollars and Seventy Four Cents ($100,74) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
PORT AU PRINCE LOT 66 OR 1860 PG 1561
Folio No,
PROJECT NO,
Account No,
68342480003
61000
137902
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien,
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this c:l9 day of UANtJA';J ,
2008, ..
AHEST:
DWfGHT E, BROC.!<, C.LERK
~"~
'jilrp~;~e~'l~i~; form
and legal sUfficienc~
~/
~ vid C, egel
County Attorney
.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
16D1
Print OD pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exee tion of the Chairman's 5i atuTe, draw a line thrau h routio lines #1 thrau h #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in mulin order)
l.R
o
R"2-
d "~:(
1i :;i:
~~ ~,
~~
:..>
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chainnan's signature are La be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
J 5:2.-
lro D
I
Yes
(Initial)
N/A(Not
A licable)
6, Minutes and Records
Clerk of Court's Office
~2..
;'11';4-
tlz..
7N
~Z-
,I/fiJ
Phone Number
Agenda Item Number
Number of Original
Documents Attached
I: Fonos! County FonnsI BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
l.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are r uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC' s actions are nullified. Be aware of our deadlines!
The-document was approved by the BCC on I 2"1 a (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Conn Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
MEMORANDUM
Date:
March 7, 2008
To:
Tona Nelson
Sr. Administration Assistant
Parks & Rec. Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-26
Enclosed please find a recorded copy of the document as referenced above,
(Agenda Item #16Dl) which was approved by the Board of County
Commissioners on Tuesday, February 26, 2008.
The Minutes and Records Department has kept the original resolution as part of
the Board's permanent record.
If you have any questions, please call me at 252-8411.
Thank you,
Enclosures (1)
16Dl
RESOLUTION No. 2008 - '1.?
16D1
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING AND IMPLEMENTING
REVISED BEACH PARKING FEES AND RULES IN COMPLIANCE WITH AN
AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION; REPEALING RESOLUTION NO. 2007-33.
WHEREAS, by adoption of Resolution No. 99-240 on May 25, 1999, the Board of County
Commissioners of Collier County, Florida, formally affirmed the County's policies regarding fees
for parking vehicles at the County's beach parking facilities as specified in that Resolution; and
WHEREAS, Collier County has entered into an agreement with Florida's Department of
Environmental Protection designed to make beach parking available to the general public on an
equal basis. This policy was approved by the Board of County Commissioners on January 23,2007;
and
WHEREAS, Collier County has determined that an annual beach parking permit currently
has approximately a $52.00 value; and
WHEREAS, Collier County will continue to provide beach parking permits to its residents
without charge based on ad valorem taxes assessed against residential real property located in
Collier County, which are used in part to pay for the County's expenses and the City of Naples'
expenses related to the subject public beach facilities; such taxes are not paid by persons who are
not permanent residents of Collier County or who do not own such real property; and
WHEREAS, annual beach parking permits will be available for sale for the general public
including visitors, tourists, and seasonal residents at a price equal to the value of the parking permit
paid for by County residents.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: FINDINGS AND PURPOSE.
The above WHEREAS CLAUSES are incorporated herein by reference as if restated verbatim in
this section.
These Rules may be amended from time-to-time by Resolution(s) of the Board of County
Commissioners of Collier County.
The Board of County Commissioners makes the following findings of fact:
I. Collier County beach parking facilities are used by County residents, visitors,
tourists, and seasonal residents each day.
I
16D1
2. Costs to provide beach parking facilities and to police, maintain and repair beaches,
and to expand such parking facilities or construct new beach parking facilities increase with the
increasing numbers of vehicles that are parked at those beach parking facilities.
3. This Resolution is to facilitate collection of those parking fees.
SECTION TWO: APPLICABLE BEACH FACILITY LOCATIONS:
I. Parking fees and parking permits apply to the following beach parking facilities in
Collier County.
a. Barefoot Beach Access.
b. Barefoot Beach Preserve Park.
c. Vanderbilt Beach Park.
d. Vanderbilt Beach Access.
e. Conner Park.
f. Bluebill Temporary Beach Access.
g. Calm Pass Park.
h. North Gulf Shore Beach Access.
\. Tigertail Beach.
J. South Marco Beach Park.
2. Additional beach parking facilities may be added to this list from time-to-time by
Resolution(s) adopted by the Board of County Commissioners.
3. The annual beach parking permits will also be honored at beaches within the City of
Naples.
SECTION THREE: BEACH FACILITY PARKING FEES.
The County's beach parking fees are:
A. As set forth by the Parks and Recreation Department's Facilities and Outdoor Areas
License and Fee Policy;
B. Annual parking permits are available for residents of Collier County with proof of
residency.
C. The Parks and Recreation Department's CLASS database will be used to track
various statistics regarding parking permit issuance. Among these statistics will be resident versus
non-resident. The resultant data can then be used in developing cost and revenue allocations.
D. Collier County's visitors, tourists, and seasonal residents may purchase an annual
parking permit at a County facility for the same price at which the permit is available to residents.
The cost is currently $52.00 annually.
E. Residents and visitors may also choose to pay daily parking fees through parking
meters or by direct collection by authorized county personnel at the appropriate beach parking
facilities.
2
16Dl
F. Residents and visitors with parking permits may park free of charge at any County
and City of Naples beach parking facilities including parking meters found at beach parking
facilities.
SECTION FOUR: VEHICLE EXEMPTION FROM BEACH FACILITY PARKING FEES,
A. Only vehicles with valid beach parking permits shall be exempt from any beach
facility parking fees.
SECTION FIVE: RESTRICTED PARKING AREAS.
Pursuant to Section FOUR of Collier County Ordinance No. 80-47, as amended, each parking space
at any the above-listed "Applicable Beach Facility Locations" is a geographic area where vehicle
parking is allowed with a valid vehicle parking sticker or the applicable beach parking fees have
been paid to park that vehicle.
SECTION SIX: PARKING CITATIONS.
Pursuant to Chapter 89-449, Laws of Florida, as now or hereafter amended, and pursuant to
Resolution(s) that may be adopted from time-to-time by the Board of County Commissioners in
conjunction with Chapter 89-449, Collier County Park Rangers are authorized by that Special Act to
issue parking citations at each beach facility in accordance with Ordinance No. 80-47, as now or
hereafter amended, or as that Ordinance may be superseded in function by subsequent ordinance(s).
SECTION SEVEN: REPEAL OF RESOLUTION NO. 2007-33.
Collier County Resolution No. 2007-33, expressing the County's current policies regarding
exemptions from these beach facilities parking fees is hereby repealed in its entirety.
This Resolution adopted this ~ day of
and majority vote favoring same.
:1a.V1. tA e.t.ofY
,
, 2008, after motion, second
ATTEST:
DWIGHT.\~$P.G.~, Clerk
"'~""""'" ~$ "
,~i".' ....,.,~~~\
:'... :
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'~
By:
.
:tj/" ".. . ;~rJUty Clerk
AttA.t'U,te.ol~ ,
51tHun .1"
Approved as to form and
legal sufficiency:
-"
Ro~.3~ ~
Assistant County Attorney
Item #
I (n^ I
{/2-1/D~
Aqenda
Date
CP:07-MGR-OOI18\BeachParkingRcso~2008
3
16nl
EXECUTIVE SUMMARY
Recommend to approve Resolution 2008- 2 ~ which supersedes Resolution
2007-33 to increase the annual, non-resident beach parking permit to $50
Obiective: To ensure proper maintenance of beach parking facilities within Collier
County.
Considerations: On January 23, 2007, the Board of County Commissioners (Agenda
Item 16F2) approved a recommendation to revise the Beach Parking Policy and authorize
staff to amend Ordinance 89-17 and/or Resolution 2002-430 as necessary to allow for the
sale of a non-resident beach parking permit. The expense associated with maintaining
Collier County/City beaches was estimated to cost the residential beach user $30 per
year.
The purpose for allowing the sale of the permit was to:
. Maximize revenue contribution by the Florida Department of Environmental
Protection (FDEP) based upon an understanding that the FDEP would reduce by
at least $1.7M the reimbursement to the county for the beach renourishment
program.
. Potentially increase the County and City of Naples revenue through flat rate beach
parking fees from tourists, visitors, and seasonal residents.
. Satisfy a requirement by FDEP to allow visitors, tourists, and seasonal residents
to have the opportunity to purchase the annual parking permit for the identical
price (that through their ad valorom contributions) residents are able to do in
order to maintain beach renourishment funding.
On February 13,2007 a repeal of resolution No, 2002-430 allowed for the creation ofa
non-resident beach parking permit. Section Three (D) of the resolution, which describes
beach parking fees stipulates:
Collier County's visitors, tourists, and seasonal residents may purchase an annual parking
permit at a County facility for the same price ($30.00) at which the permit is available to
residents,
At the time of Resolution 2007-33 the cost of $30 was determined by crediting the
revenues received for beach parking, vendor and concession fees against beach
operational expenses. After further analysis, staff is recommending that the net loss
produced by the beach parking sales be determined and that the beach parking sticker
reflect the actual loss of the beach parking permit. This would increase the non-resident
beach parking sticker to $50 annually. As the table attached shows, total combined net
loss related to beach parking is $2,430,083 annually. The total number of resident stickers
16D1
(county and city) issued for FY 07 was 49,226. Dividing the annual costs of beach
parking by the total number of stickers issued equates to a $50 annual fee.
The Parks and Recreation Advisory Board voted 7-0 to recommend increasing the non-
resident beach parking fee to $50 on January 16, 2008.
Lel!al Consideration: The proposed Resolution was reviewed by the Office of the
County Attorney and approved for legal sufficiency.
Fiscal Impact: Adjusting the Resident and Non-resident Beach Parking permit will
eliminate the deviation from budget created by the $30 annual permit fee.
Growth Manal!ement Impact: There is no growth management impact due to this
action
Recommendation: Recommend that the Board of County Commissioners approve
Resolution 2008- which supersedes Resolution 2007-33 to increase the annual,
resident and non-resident beach parking fee Irom $30 to $50 per permit.
Prepared by: Barry Williams, Director, Parks and Recreation Department
Net cost of Beach
permit
Collier County
Beach Expenses $2,176,661.00
Administration $348,266.00
Revenue for Beach and Water: $977,46500
Net I I $1,547,462.00
City of Naples
Expenses for Beach and
Water: $1,808,388.00
Revenue for Beach and
Water: $925,767.00
Net $882,621.00
Total of County and City Loss $2,430,083.00
Divided by number of resident stickers sold: 49,226
Total cost for Beach Permit I $49.37
1/22/08
16Dl
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on thc item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si!mature, draw a line throu h routino lines #1 throuoh #4. com lete the checklist. and forward to Sue Filson (line #5).
Route to Addressee(s} Office Initials Date
(List in routino order)
1.
[0~
.-; O'~
t ( j
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A proved by the BCC
Type of Document
Attached
6. Minutes and Records
Clerk of Court's Office
~.94o 3/
I roD I
I
Yes
(Initial)
N/A (Not
A plicable)
PRIMARY CONTACT INFORMATION
Ne~(})(..
Phone Number
r0
IN
pi
Agenda Item Number
Number of Original
Documents Attached
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
f&~
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
sianature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of your deadlines!
The document was approved by the BCCon I (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
16D' 1
EXECUTIVE SUMMARY
Recommend to approve ReIoIutioo 1008- 2 , which supenedes Resol.tio.
2007-33 to increase the aDnual, non-resident beach parking permit to 550
O~iective: To ensure proper maintenance of beach parking facilities within Collier
County.
Cons~eratioDS: On January 23. 2007. the Board of County Commissioners (Agenda
Item 16F2) approved a recommendation to revise the Beach Parking Policy and authorize
staff to amend Ordinance 89-17 and/or Resolution 2002-430 as necessary to allow for the
sale of a non-resident beach parking pennit. The expense associated with maintaining
Collier County/City beaches was estimated to cost the residential beach user 530 per
year.
The purpose for allowing the sale of the pennit was to:
· Maximize revenue contribution by the Florida Department of Environmental
Protection (FDEP) based upon an understanding that the FDEP would reduce by
at least $1.7M the reimbursement to the county for the beach renourishment
program.
· Potentially increase the County and City of Naples revenue through flat rate beach
parking fees from tourists, visitors. and seasonal residents.
· SatisfY a requirement by FDEP to allow visitors. tourists, and seasonal residents
to have the opportunity to purchase the annual parking permit for the identical
price (that through their ad valorom contributions) residents are able to do in
order to maintain beach renourishment funding.
On February 13, 2007 a repeal of resolution No. 2002-430 allowed for the creation of a
non-resident beach parking permit. Section Three (D) of the resolution, which describes
beach parking fees stipulates:
Collier County's visitors, tourists, and seasonal residents may purchase an annual parking
permit at a County facility for the same price ($30.00) at which the permit is available to
residents.
At the time of Resolution 2007-33 the cost of $30 was detennined by crediting the
revenues received for beach parking, vendor and concession fees against beach
operational expenses. After further analysis, staff is recommending that the net loss
produced by the beach parking sales be detennined and that the beach parking sticker
reflect the actual loss of the beach parking pennit. This would increase the non-resident
beach parking sticker to $50 annually. As the table attached shows, total combined net
loss related to beach parking is $2,430,083 annually. The total number of resident stickers
161J
lc~
.'
(county and city) issued for FY 07 was 49,226. Dividing the annual costs of beach
parking by the total number of stickers issued equates to a $SO annual fee.
The Parks and Recreation Advisory Board voted 7-0 to recommend increasing the non-
resident beach parking fee to SSO on January 16, 2008.
!&&II CODsideration: The proposed Resolution was reviewed by the Office of the
County Attorney and approved for lega) sufficiency.
Fiscal Imoad: Adjusting the Resident and Non-resident Beach Parking pennit will
eliminate the deviation from budget created by the $30 annual permit fee.
Growl'" Man.Remen. Imo,et: There is no growth management impact due to this
action
Reeommend.!1i!!!.: Recommend that the Board of County Commissioners approve
Resolution 2008- which supersedes Resolution 2007-33 to increase the annual,
resident and non-resident beach parking fee from $30 to $50 per permit.
'rep.~ bv: Barry Williams, Director, Parks and Recreation Department
1611
1 ..-:
Net cost of Beach
permit
Collier County
Beach Expenses $2.176,661.00
Administration $348,266.00
Revenue for Beach and W8ter. $9n,465.OO
Net I I $1,547,0462.00
City of tap'.
Expenses for Beach and
Water: $1,808,388.00
Revenue for Beach and
Water. $925767.00
Net $882,821.00
Total of County and City Loss $2,430,083.00
Divided bv number of resident stickers sold: 49.226
Total COlt for Beech Permit I $41.37
1J22108
16D 1
Agenda Item No 1601
January 29, 2008
F)age 1 of l
EXECUTIVE SUMMARY
Recommend to approve Resolution 2008- which supersedes Resolution
2007-33 to increase the annual, non-resident beach parking permit to $50
Obiective: To ensure proper maintenance of beach parking facilities within Collier
County.
Considerations: On January 23, 2007, the Board of County Commissioners (Agenda
Item 16F2) approved a recommendation to revise the Beach Parking Policy and authorize
staff to amend Ordinance 89-17 and/or Resolution 2002-430 as necessary to allow for the
sale of a non-resident beach parking permit. The expense associated with maintaining
Collier County/City beaches was estimated to cost the residential beach user $30 per
year.
The purpose for allowing the sale of the permit was to:
. Maximize revenue contribution by the Florida Department of Environmental
Protection (FDEP) based upon an understanding that the FDEP would reduce by
at least $1.7M the reimbursement to the county for the beach renourishment
program.
. Potentially increase the County and City of Naples revenue through flat rate beach
parking fees from tourists, visitors, and seasonal residents.
. Satisfy a requirement by FDEP to allow visitors, tourists, and seasonal residents
to have the opportunity to purchase the annual parking permit for the identical
price (that through their ad valorom contributions) residents are able to do in
order to maintain beach renourishment funding.
On February 13, 2007 a repeal of resolution No. 2002-430 allowed for the creation of a
non-resident beach parking permit. Section Three (D) of the resolution, which describes
beach parking fees stipulates:
Collier County's visitors, tourists, and seasonal residents may purchase an annual parking
permit at a County facility for the same price ($30.00) at which the permit is available to
residents.
At the time of Resolution 2007-33 the cost of $30 was determined by crediting the
revenues received for beach parking, vendor and concession fees against beach
operational expenses. After further analysis, staff is recommending that the net loss
produced by the beach parking sales be determined and that the beach parking sticker
reflect the actual loss of the beach parking permit. This would increase the non-resident
beach parking sticker to $50 annually. As the table attached shows, total combined net
loss related to beach parking is $2,430,083 annually. The total number of resident stickers
Alb't~ No.l1
January 29, 2008
Page 2 of 7
(county and city) issued for FY 07 was 49,226. Dividing the annual costs of beach
parking by the total number of stickers issued equates to a $50 annual fee.
The Parks and Recreation Advisory Board voted 7-0 to recommend increasing the non-
resident beach parking fee to $50 on January 16, 2008.
Leeal Consideration: The proposed Resolution was reviewed by the Office of the
County Attorney and approved for legal sufficiency.
Fiscal Impact: Adjusting the Resident and Non-resident Beach Parking permit will
eliminate the deviation from budget created by the $30 annual permit fee.
Growth Manaeement Impact: There is no growth management impact due to this
action
Recommendation: Recommend that the Board of County Commissioners approve
Resolution 2008- which supersedes Resolution 2007-33 to increase the annual,
resident and non-resident beach parking fee from $30 to $50 per permit.
Prepared by: Barry Williams, Director, Parks and Recreation Department
16D 1
Agenda Item No 1601
January 29, 2008
Page 3 of 7
Net cost of Beach
permit
Collier County
Beach Expenses $2,176,661.00
Administration $348,266.00
Revenue for Beach and Water: $977,465.00
Net I I $1,547,462.00
City of Naples
Expenses for Beach and
Water: $1,808,388.00
Revenue for Beach and
Water: $925.767.00
Net $882,621.00
Total of County and City Loss $2,430,083.00
Divided by number of resident stickers sold: 49,226
Total cost for Beach Permit I $49.37
1/22/08
16D 1
RESOLUTION No. 2008 - '1..?
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABUSHING AND IMPLEMENTING
REVISED BEACH PARKING FEES AND RULES IN COMPLIANCE WITH AN
AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION; REPEALING RESOLUTION NO. 2007-33.
WHEREAS, by adoption of Resolution No. 99-240 on May 25, 1999, the Board of County
Commissioners of Collier County, Florida, formally affirmed the County's policies regarding fees
for parking vehicles at the County's beach parking facilities as specified in that Resolution; and
WHEREAS, Collier County has entered into an agreement with Florida's Department of
Environmental Protection designed to make beach parking available to the general public on an
equal basis. This policy was approved by the Board of County Commissioners on January 23,2007;
and
WHEREAS, Collier County bas determined that an annual beach parking pennit currently
has approximately a $52.00 value; and
WHEREAS, Collier County will continue to provide beach parking permits to its residents
without charge based on ad valorem taxes assessed against residential real property located in
Collier County, which are used in part to pay for the County's expenses and the City of Naples'
expenses related to the subject public beach facilities; such taxes are not paid by persons who are
not permanent residents of Collier County or who do not own such real property; and
WHEREAS, annual beach parking permits will be available for sale for the general public
including visitors, tourists, and seasonal residents at a price equal to the value of the parking permit
paid for by County residents.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that:
SECTION ONE: FINDINGS AND PURPOSE.
The above WHEREAS CLAUSES are incorporated herein by reference as if restated verbatim in
this section.
These Rules may be amended from time-to-time by Resolution(s) of the Board of County
Commissioners of Collier County.
The Board of County Commissioners makes the following findings of fact:
I. Collier County beach parking facilities are used by County residents, visitors,
tourists, and seasonal residents each day.
16D
11""''''
2. Costs to provide beach parking facilities and to police, maintain and repair beaches,
and to expand such parking facilities or construct new beach parking facilities increase with the
increasing numbers of vehicles that are parked at those beach parking facilities.
3. This Resolution is to facilitate collection ofthose parking fees.
SECTION TWO: APPLICABLE BEACH FACILITY LOCATIONS:
I. Parking fees and parking permits apply to the following beach parking facilities in
Collier County.
a. Barefoot Beach Access.
b. Barefoot Beach Preserve Park.
c. Vanderbilt Beach Park.
d. Vanderbilt Beach Access.
e. Conner Park.
f Bluebill Temporary Beach Access.
g. Calm Pass Park.
h. North Gulf Shore Beach Access.
\. Tigertail Beach.
J. South Marco Beach Park.
2. Additional beach parking facilities may be added to this list from time-to-time by
Resolution(s) adopted by the Board of County Commissioners.
3. The annual beach parking permits will also be honored at beaches within the City of
Naples.
SECTION THREE: BEACH FACILITY PARKING FEES.
The County's beach parking fees are:
A. As set forth by the Parks and Recreation Department's Facilities and Outdoor Areas
License and Fee Policy;
B. Annual parking permits are available for residents of Collier County with proof of
residency.
C. The Parks and Recreation Department's CLASS database will be used to track
various statistics regarding parking permit issuance. Among these statistics will be resident versus
non-resident. The resultant data can then be used in developing cost and revenue allocations.
D. Collier County's visitors, tourists, and seasonal residents may purchase an annual
parking permit at a County facility for the same price at which the pennit is available to residents.
The cost is currently $52.00 annually.
E. Residents and visitors may also choose to pay daily parking fees through parking
meters or by direct collection by authorized county personnel at the appropriate beach parking
facilities.
2
16D
, 1"'~
F. Residents and visitors with parking permits may pad free of charge at any COWlty
and City of Naples beach parking facilities including parking meters found at beach parking
faci lities.
SECTION FOUR: VEHICLE EXEMPTION FROM BEACH F ACILlTY PARKING FEES.
A. Only vehicles with valid beach parking permits shall be exempt from any beach
facility pading fees.
SECTION FIVE: RESTRlCI'ED PARKING AREAS.
Pursuant to Section FOUR of Collier COWlty Ordinance No. 80-47, as amended, each parking space
at any the above-listed "Applicable Beach Facility Locations" is a geographic area where vehicle
parking is allowed with a valid vehicle parking sticker or the applicable beach pading fees have
been paid to park that vehicle.
SECI'ION SIX: PARKING CITATIONS.
Pursuant to Chapter 89-449, Laws of Florida. as now or hereafter amended, and pursuant to
Resolution(s) that may be adopted from time-to-time by the Board of County Commissioners in
conjunction with Chapter 89-449, Collier COWlty Pad Rangers are authorized by that Special Act to
issue parking citations at each beach facility in accordance with Ordinance No. 80-47, as now or
hereafter amended, or as that Ordinance may be superseded in function by subsequent ordinance(s).
SECTION SEVEN: REPEAL OF RESOLUTION NO. 2007-33.
Collier County Resolution No. 2007-33, expressing the COWlty.S current policies regarding
exemptions from these beach facilities parking fees is hereby repealed in its entirety.
This Resolution adopted this ~ day of .::Tan IA ~Y''I
and majority vote favoring same.
, 2008, after motion, second
ATTEST:
DWIGHT.~, Clerk
~.~':.'~\\.' t.
., :.' .. :-.' '~
: .:-0;"'" ..-..'.;...:. uty Clerk
AtW\'....Gil&...- .
11"'w-. ..,.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Approved as to fonn and
legal sufficiency:
12~~
Robert N. Z ary
Assistant COWlty Attorney
r'P-07-MGR-oot 18\B_hParkonllRoso-200ll
3
16D 1
RESOLUTION No. 2008 - J.1L
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING AND IMPLEMENTING
REVISED BEACH PARKING FEES AND RULES IN COMPLIANCE WIlli AN
AGREEMENT WIlli FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION; REPEALING RESOLUTION NO. 2007-33.
Agenda Item No. 16D1
January 29, 2008
Page 5 of 7
WHEREAS, by adoption of Resolution No. 99-240 on May 25, 1999, the Board of County
Commissioners of Collier County, Florida, fonnally affirmed the County's policies regarding fees
for parking vehicles at the County's beach parking facilities as specified in that Resolution; and
WHEREAS, Collier County has entered into an agreement with Florida's Department of
Environmental Protection designed to make beach parking available to the general public on an
equal basis. This policy was approved by the Board of County Commissioners on January 23,
2007; and
WHEREAS, Collier County has determined that an annual beach parking permit currently
has approximately a $50.00 value; and
WHEREAS, Collier County will continue to provide beach parking permits to its residents
without charge based on ad valorem taxes assessed against residential real property located in
Collier County, which are used in part to pay for the County's expenses and the City of Naples'
expenses related to the subject public beach facilities; such taxes are not paid by persons who are
not permanent residents of Collier County or who do not own such real property; and
WHEREAS, annual beach parking permits will be available for sale for the general public
including visitors, tourists, and seasonal residents at a price equal to the value of the parking permit
paid for by County residents.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: FINDINGS AND PURPOSE.
The above WHEREAS CLAUSES are incorporated herein by reference as if restated verbatim in
this section.
These Rules may be amended from time-to-time by Resolution(s) of the Board of County
Commissioners of Collier County.
The Board of County Commissioners makes the following findings of fact:
I. Collier County beach parking facilities are used by County residents, visitors,
tourists, and seasonal residents each day.
2. Costs to provide beach parking facilities and to police, maintain and repair beaches,
and to expand such parking facilities or construct new beach parking facilities increase with the
increasing numbers of vehicles that are parked at those beach parking facilities.
3.
This Resolution is to facilitate collection of those parking fees.
Agenll~ Do 160l
January 2(3, 2008
Page 6 of 7
SECfION TWO: APPLICABLE BEACH FACILITY WCATIONS:
1. Parking fees and parking permits apply to the following beach parking facilities in
Collier County.
a Barefoot Beach Access.
b. Barefoot Beach Preserve Park.
c. Vanderbilt Beach Park.
d. Vanderbilt Beach Access.
e. Conner Park.
f. Bluebill Temporary Beach Access.
g. Calm Pass Park.
h. North Gulf Shore Beach Access.
i. Tigertail Beach.
j. South Marco Beach Park.
2. Additional beach parking facilities may be added to this list from time-to-time by
Resolution(s) adopted by the Board of County Commissioners.
3. The annual beach parking permits will also be honored at beaches within the City of
Naples.
SECTION THREE: BEACH FACILITY PARKING FEES.
The County's beach parking fees are:
A. As set forth by the Parks and Recreation Department's Facilities and Outdoor Areas
License and Fee Policy;
B. Annual parking permits are available for residents of Collier County with proof of
residency. Fees for resident annual parking permits will be paid by the County out of ad valorem
taxes.
C. The Parks and Recreation Department's CLASS database will be used to track
various statistics regarding parking permit issuance. Among these statistics will be resident versus
non-resident. The resultant data can then be used in developing cost and revenue allocations.
D. Collier County's visitors, tourists, and seasonal residents may purchase an annual
parking permit at a County facility for the same price at which the permit is available to residents.
The cost is currently $50.00 annually.
E. Residents and visitors may also choose to pay daily parking fees through parking
meters or by direct collection by authorized county personnel at the appropriate beach parking
facilities.
F. Residents and visitors with parking permits may park free of charge at any County
and City of Naples beach parking facilities including parking meters found at beach parking
facilities.
SECTION FOUR: VEHICLE EXEMPTION FROM BEACH FACILITY PARKING FEES.
2
Age"Jle~ 1) 160,1
January 29. 2008
Page 7 of 7
A. Only vehicles with valid beach parking permits shall be exempt from any beach
facility parking fees.
SECTION FIVE: RESTRICfED P ARIONG AREAS.
Pursuant to Section FOUR of Collier County Ordinance No. 80-47, as amended, each parking space
at any the above-listed "Applicable Beach Facility Locations" is a geographic area where vehicle
parking is allowed with a valid vehicle parking sticker or the applicable beach parking fees have
been paid to park that vehicle.
SECTION SIX: PARKING CITATIONS.
Pursuant to Chapter 89-449, Laws of Florida, as now or hereafter amended, and pursuant to
Resolution(s) that may be adopted from time-to-time by the Board of County Commissioners in
conjunction with Chapter 89-449, Collier County Park Rangers are authorized by that Special Act to
issue parking citations at each beach facility in accordance with Ordinance No. 80-47, as now or
hereafter amended, or as that Ordinance may be superseded in function by subsequent ordinance(s).
SECTION SEVEN: REPEAL OF RESOLUTION NO. 2007-33.
Collier County Resolution No. 2007-33, expressing the County's current policies regarding
exemptions from these beach facilities parking fees is hereby repealed in its entirety.
This Resolution adopted this ~ day of ::id..f\,l.Jll.,.....1
I
, 2008, after motion, second
and majority vote favoring same.
A TTESir:. .I;, ('i,
/'DWjtJHT E. BRdt~.Clerk
."if" ,.' .'
BOARD OF COUNTY COMMISSIONERS
COLLIiTI'lA .
By: ^'- _
&.--" I : Chai~
.:.:.
:.
t --- /7
Robert N. Zac
Assistant County Attorney
CP:07-MGR.QO 118\BeachParI<ingReso-2008
3
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 116;
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATm 'lJ
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Otnce. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
11
L~
-:r
excention uflbe Chairman's si.lmature. draw a line throu!?:h routinl?: lines #1 throu~ #4, complete the checklist, and forward to Sue Filson line#5).
Route to Addressee(s) Office Initials Date
(List in raulin" order)
I ,Frank Ramsey Housing and Human Service ~ liz'll IJr
2, Chairman Tom Henning BCC
3,
4,
5, Sue Filson, Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta::t is the holderofthe original document pending BCC approval. Normally the primary contact is the person who createdfprepared the executive
summary. Primary contact information is needed in the event one oflhe addressees above, including Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BeC has acted to approve the
item)
Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336
Contact Human Services
Agenda Date Item was 01/29/2008 Agenda Item Number 16D~lf
Annroved bv the BCC
Type of Document Impact Fee Deferral Agreement Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances, y
resolutions, etc, signed by the County Attorney's Office and signature pages from ,/1--
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All bandwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the fmal ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCe approval. -::::r/
Some documents are time sensitive and require fOlwarding to Tallahassee within a certain ' / ~
time frame or the BCC's actions are nullified, Be aware of our deadlines!
The document was approved by the BCC on 01/29/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's ~
Office has reviewed the chan es, if a licable.
NIA (Not
A licable)
2,
nla
3,
4,
5,
6,
I: Forms! County Forms! BeC Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Frank Ranuey
Collier County HHS
3301 E. Tamiami Trail
Naple!l:. Florida 34112
4123065 OR: 4325 PG: 2026
RBCORDBD in OFFICIAL RBCORDS of COLLlBR COUHTY, FL
01/30/2008 at 12:35FH DWIGHT B. BROCK, CLBRK
RBC PBB 27.00
cams 3.00
Return to
File# 08-079-IF
Retn:
CLBRK TO TUB BOARD
IN!BROmCB 4TH FLOOR 1 6 D
m7W 4
This lJpace for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this (:ll day of December, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Erika Trinidad" (OWNER),
collectively stated as the "Parties,"
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
], This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance), In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply,
2, The legal description ofthe dwelling unit is attached as Exhibit "A."
3, The term of this Agreement is from the date set forth above until the impact fee is repaid,
4, The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four
Hundred Fortv Two and 52/100 Dollars ($12.442,52), Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no
event shall it exceed twenty-five percent (25%) of the total fee amount.
5, The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County, The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed, Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes,
6, Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same,
7, In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
OR: 43i gL 2024
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable, The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid,
8, This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9, This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written,
By:
BOARD OF COUNTY COMMISSIONERS
CO:tOUNT FLORID.A,
By: ~ ~
J.^~~H::8 COLCTT/.., CH
TOM HENNING
Attest:
DWIGHT E, BROCK, Clerk
ig .~~ 1,C?k1)~'~11 'S
si "yt i '.,;
Witnesses:
\...{\ leA ct l.n OLc\c..b
Print Name tv\o-d\nc, f\ \Jor-odD
OWNER:
GJ. j , . (JI]
.- (2, IlL.vlA1 i
Erika Trinidad
~.~
Pri t :;;:rj" . "+.A.
STATE OF FLORIDA)
COUNTY OF COLLIER)
OWNER:
2007,
The fqregoing A~~ent was acknowledged before me this ~ day of 0', r pJv~
by i::v.A'c "-' c" ,c~ ".~ , who IS personally known to iJle or has produced
as proof of identity,
\LoS ~dc
[NOTARIAL SEAL]
I!" AGNES MENDOZA
MY COMMISSION # D0594447
,,~ 0011<1;1,.__ 12, 2010
~Ol' r,~ PI-.nIAdt>!:.81l
Jeffrey
Chief
tzkow
t County Attorney
R'7'OOAP7~ ~
Mi~~~A
Director
Collier County Housing and Human Services
*** OR: 4325 PG: 2028 ***
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 20, Liberty Landing, according to the plat tbereof,
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
3596 Liberty Way, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type ofImpact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E, Regional Parks Impact Fee
F, Educational Facilities System Impact Fee
G, Road Impact Fee
H, Government Buildings Impact Fee
I. Law Enforcement Impact Fee
TOTAL IMPACT FEES
1AK Approved ~/ _1_
16D
4
Amount Owed
$100,59
$62,14
$368,18
$750,00
$1,659,00
$2,862,00
$6,059,00
$410,00
$171.61
$12,442.52
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP] 6 (,
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO _,' , ,:J
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed TOuting slip and original
documents are to be Forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, [fthe document is already complete with the
.
,,-
r:::~-
execotion of the Chairman's signature, draw a line throul!h routine lines # 1 throueh #4, comolete the checklist, and forward to Sue Filson (line#5).
Route to Addressee(s) Office Initials Date
(List in routinl? order)
I ,Frank Ramsey Housing and Human Service ~ ~ A 1/~/()1
~
2, Chairman Tom Henning BCC
3,
4,
5, Sue Filson, Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary cont~t is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one ofdle addressees above, including Sue Filson, need to cmtact staff for additional or missing
infonnation. All original documents needing the BeC Chairman's signature are to be delivered to the BCC office only after the BeC has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336
Contact Human Services
Agenda Date Item was 01129/2008 Agenda Item Number 16D_S-
Aooroved bv the BCC
Type of Document Impact Fee Deferral Agreement Number of Original 1
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the fmal ne otiated contract date wbicbever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this rooting slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some docwnents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The doeument was approved by the BCC on 01129/2008 and all ehanges made during
the meeting have been incorporated in the attached document. The County Attorney's
Offiee has reviewed the chan es, if a lieable,
Yes
(Initial)
N/A(Not
A licable)
2,
3,
4,
5,
6,
?/-
~
7i:
*
7{
n/a
J: Forms! County Fonns/ BCC Fomls! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
Return to
4123066 OR: 4325 PG: 2029
RICORDID in OPPICIAL RICORDS of COLLIIR COUNTY, PL
01/30/2008 at 12:35PM DWIGHT I. BROCK, CLIRK
RBC lIB 27.00
coms 3.00
Frank Ramsey
CoUier County HHS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 08-070-1F
Retn:
CLIRK TO THI BOARD
INTBROmCB 4TH FLOOR
BXT 7240
Thb space for recording
160
5
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this.:J/2 day of December, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Verdieu Petit Homme and Marie L.
Petit Homme" (OWNER), collectively stated as the "Parties,"
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I, This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance), In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply,
2, The legal description of the dwelling unit is attached as Exhibit "A."
3, The term of this Agreement is from the date set forth above until the impact fee is repaid,
4, The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four
Hundred Fortv Two and 52/100 Dollars ($12.442,52), Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no
event shall it exceed twenty-five percent (25%) of the total fee amount.
5, The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County, The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed, Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes,
6, Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same,
7, In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
160
~ ,OR: 4325 PG: 2030
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable, The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid,
8, This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9, This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written,
By:
bJ C1i~1~H 'S '
ori,l'i
, I -: i. ..' ~
BOARD OF COUNTY COMMISSIONERS
::?lOU~~
J~COLETTA, C A
TOM HENNING
Attt~f't il~
$1ry"!d~>1}"~~'
OWNER:
,_V Iff! {]/ [, lJ P E f'1lftUlltft
Verdieu Petit Homme
Witnesses:
~=e ~lva(~
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this ~ day of .If ~
ZOp JL ~ -tJI;, , who i< r"r<on.lly known to me or has produced
~fI;Ct f,f;1lf~ t44i1~ ( W-ll / as proof of identity,
OWNER:
/ vi?l !-<! E 1- f>l;1 ; t 11 () f:lif':~ ,,-
Marie 1. Petit Homme
#'''<" AG A
~~~ ,Y COMMIsSiON. If 0059444..'
~ ~IRES:Sept~12,2010
'"\';,Of'f'-dP FLNotal')'Ditw.llll~'(.;O.
1-lI1J().J.NOTAl'lY
of Person Taking Acknowledgment
Signa
Appr
and I
zkow
County Attorney
R~=1j, J
-MlIr y Krumbine, A
Director
Collier County Housing and Human Services
Jeffrey ,K
Chief A ist
*** OR: 4325 PG: 2031 ***
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 11, Liberty Landing, according to the plat thereof,
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, ofthe Public Records of Collier County, Florida.
STREET ADDRESS
3560 Liberty Way, Immokalee, FL 34142
EXHIBIT "B"
lltlPACTFEEBREAKDOWN
Type ofImpact Fee
A. EMS Impact Fee
B, Correctional Facilities Impact Fee
C. Library Impact Fee
D, Community Parks Impact Fee
E, Regional Parks Impact Fee
F, Educational Facilities System Impact Fee
G, Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
TOTAL IMPACT FEES
JAK Approved ~ _1_
160
Amount Owed
$100,59
$62,14
$368,18
$750,00
$1,659,00
$2,86200
$6,059,00
$410,00
$171.61
$12,442.52
5
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO D
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board OffiCi: The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
7
exception of the Chairman's sif!:nature, draw a line throuf!:h Toutin!!. lines # I through #4, comnlete the checklist, and forward to Sue Filson (line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I ,Frank Ramsey Housing and Hwnan Service 7L- I/Z1/oj'
2, Chairman Tom Henning BCC
3,
4,
5, Sue Filson, Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contoct is the holder of the original document pending Bee approval. Normally the primary contact is the person who created'prepared the executivc
summary. Primary contact information is needcd in the event one oflhe addressees above, including Suc Filson, need to cmtact staITfor additional or missing
infonnation. All original documents needing the Bee Chairman's signature are to bc delivered to the Bee office only after the Bee has actcd to approve the
item)
Name of Primary Staff Frank Ramsey, SHiP Program Coordinator Phone Number 403-2336
Contact Human Services
Agenda Date Item was 01/29/2008 Agenda Item Nwnber 16D -7-
Approved by the BCC
Type of Document Impact Fee Deferral Agreement Number of Original 1
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a fO riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the Bee
Chainnan and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
The Chainnan' s signature line date has been entered as the date of BCC approval of the
document or the fmal ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some docwnents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by the Bee on 01/29/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Yes N/A(Not
(Initial) A licable)
rr-
~ n/a
7)(
~
2,
3,
4.
5,
6,
I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4123069 OR: 4325 PG: 2038
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, PL
01/30/2008 at 12:35PK DWIGHT B. BROCK, CLBRK
RBC PBB
coms
27.0D
3.00
Frank Ramsey
Collier County III1S
3301 E. Tamiami Trail
Naples. Florida 34112
Retn:
CLBRK TO THB BOARD
INTBROmCB 4TH nOOR
!IT 7240
160
7
File# 08-103-1 F
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this L day of January, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Marie Mongene" (OWNER),
collectively stated as the "Parties,"
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1, This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance), In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply,
2, The legal description of the dwelling unit is attached as Exhibit "A,"
3, The term of this Agreement is from the date set forth above until the impact fee is repaid,
4, The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three
Hundred Seventv Two and 52/]00 Dollars ($19.372,52), Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total fee amount.
5, The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed, Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6, Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same,
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
OR: 4325 PG: 2039
may, at its sole option, collect the impact fee amount in default as set forth inlegrQnancl
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable, The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid,
S, This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9, This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY,
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written,
-"~
BOARD OF COUNTY COMMISSIONERS
COLLI~~TY' Ii ORIDA:
By: :JrJt-
Attest:
DWIGHT E. BROCK, Clerk
By:
Attltst as.Jp \,.41
s i lli1dtufe 011'1 ""
TOM HENNING
.~~~
Print Nam PrOf" 1-\ I
1
4J-
C'
OWNER:
J
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this --L day of c-
200S, by L( vI If U'UJ ,,.,, r , who is personally known to me or has
as proof of identity,
,
^",,/I.
; 1o~~M ~ _~
SIgnature of Person Taking Acknow edgment
<'~" ./"
;", ., ,~"",,".."',^^.~
li~ : ' ,
[NQ.W-IAL SEAL]
~l.:A.'. '.
'::'''/'' .
Jeffrey A.
Chief Assi
ow
County Attorney
/
/L
-=-C;.)
*** OR: 4325 PG: 2040 ***
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 26, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
13384 Covenant Road, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A, EMS Impact Fee
B. Correctional Facilities Impact Fee
C, Library Impact Fee
D, Community Parks Impact Fee
E. Regional Parks Impact Fee
F, Educational Facilities System Impact Fec
G. Road Impact Fee
H, Government Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
JAK Approved -1_1_
16D
7
Amount Owed
$100.59
$62,14
$368,18
$750,00
$1,659.00
$2,862.00
$6,059,00
$410,00
$171.61
$3,415,00
$3,515,00
$19,372.52
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP.l 6 D
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to ttlt: Board Oflicc. The completed routing slip and original
documents arc to be forwarded Lo the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnation needed. ([the document is already complete with the
8 .
exception of the Chairman's signature, draw a line through routing lines #1 throUWl #4, complete the checklist, and forward to Sue Filson (Iine#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
J,Frank Ramsey Housing and Human Service TI-- I!lq!{l{
2, Chairman Tom Henning BCC
3,
4,
5, Sue Filson, Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contoc1 is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary conlllct information is needed in the event one of the addressees above, including Sue Filson, need to crntact staff for additional or missing
infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the Bee ol11ce only after the Bee has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403.2336
Contact Human Services
Agenda Date Item was 01/29/2008 Agenda Item Nwnber 16D-'O
Approved by the BCC
Type of Document Impact Fee Deferral Agreement Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the fmal ne otiated contract date whichever is a licablc.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 01/29/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chao cs, if a licable.
~
Yes
(Initial)
NIA (Not
A licable)
1{
2,
~
nla
3,
4,
1i
~
5,
6,
I: Fonns/ County Fonnsl Bec Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4123063 OR: 4325 PG: 2020
RICORDID in OFFICIAL RICORDS of COLLIIR COURTY, FL
01/30/2008 at 12:3SPN DWIGHT I. BROCK, CLIRK
RIC FBI 27.00
coms 3,00
"'rank Ramsey
Collier County BUS
3301 E:. Tamiami Trail
Naples. Florida 34112
Retn:
CLIRK TO THI BOARD
IRmOmCS 4TH FLOOR
BIT 7240
16D
8
i
File# 08-104-IF
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this l day of January, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Beger! Chery and Mirna Chery"
(OWNER), collectively stated as the "Parties,"
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance), In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply,
2, The legal description of the dwelling unit is attached as Exhibit "A,"
3, The term of this Agreement is from the date set forth above until the impact fee is repaid,
4, The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three
Hundred Seventv Two and 52/100 Dollars ($19.372,52), Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) ofthe total fee amount.
5, The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit, The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County, The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed, Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes,
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7, In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
OR: 4325 PG: 2021
may, at its sole option, collect the impact fcc amount in default as set forth in th~QnQce, 8
or bring a civil action to cnforce this Agrcement, or declare that the deferred impact fees are
then in default and immediately due and payable, The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid,
8, This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest,
9, This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written,
Attest:
DWIGm' E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER UNTY, LORIDA,
.
By:
......."..... "" "" 1"''''l~-1f'
""',,",,~~'.'l- J:t.',"" ~."" '",\,!,!",' '--"'. ,f
S 1\lUt-ltt.-~,~..~;'~ 1 ~
,t'"
By:
TOM HENNING
OWNER:
~f.~ C~tr
OWNER:
~
- /
Mirna Chery
~
Print Name
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this ~ day of
2008, by &- (j r r I t ILLt'Ju- (h~ '1' who is personally known to me or
as proof of identity,
~,~L]
'....1" ,y.
. "r"" - !-,
~ MY C")MMJH,.iJ.,~
~cwpo.,,# EXPlRf.5."',",'l&:
14<<n-~...,'1'IIRY fl '*.Jty>..,....:,J\;,..
.~~j"<;.....~~'.-..,N',.'_.
, {2 ~
d ilJ.?1&- =
Signature of Person Taking Ackn wledgment
,
l
Jeffrey .
Chief A
atzkow
t County Attorney
./
proval:
EXHIBIT "A"
*** OR: 4325 PG: 2022 ***
16D
8
LEGAL DESCRIPTION
Lot 28, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
13392 Covenant Road, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
B, Correctional Facilities Impact Fee
C, Library Impact Fee
D, Community Parks Impact Fee
E, Regional Parks Impact Fee
F, Educational Facilities System Impact Fee
G, Road Impact Fee
H, Government Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Water Impact Fee
K, Sewer Impact Fee
TOTAL IMP ACT FEES
$100,59
$62.14
$368,18
$750,00
$1,659,00
$2,862,00
$6,059,00
$410,00
$171.61
$3,415,00
$3,515,00
$19,372.52
JAKApproved_/~_
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
16D
9
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chainnan's silmature, draw a line throul!h routine lines 1# 1 through #4, complete the checklist, and forward to Sue Filson (Iine#S).
Route to Addressee(s) Office Initials Date
(List in routin!'" order)
I ,Frank Ramsey Housing and Human Service ~ //21/0't
2, Chairman Tom Henning BCC
3,
4,
5, Sue Filson, Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta::t is the holder of the original document pending Bce approval. Normally the primary conlact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the BeC office only after the sec has acted to approve the
item)
Name ofPrima'Y Staff Frank Ramsey, SHIP Program Coordinator Phone Nwnber 403-2336
Contact Human Services
Agenda Date Item was 01/29/2008 Agenda Item Nwnber 16D -q
AODroved bv lhe BCC
Type of Docwnent Impact Fee Deferral Agreement Number of Original 1
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by lhe Office oflhe County Attorney, This includes signature pages trom ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been tully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibly State Officials,)
All handwritten strike.through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and lhe Clerk to the Board
The Chairman's signature line date has been entered as lhe date of BCC approval of the
document or the fmal ne otiated contract date whichever is a lieable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified, Be aware of our deadlines!
The document was approved by the BCC on 01129/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a Hcahle,
Ves
(Initial)
NIA (Not
A lieable)
2,
3,
4,
5,
6,
~
nla
7L
~
7$C
~
I: Forms! COWlty Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4123062 OR: 4325 PG: 2017
RBCORDBD in OFFICIAL RlCORDS of COLLIBR COUNTY, FL
01/30/2008 at 12:35PN DWIGHT B. BROCK, CLBRK
RBC FE! 21,00
coms 3,00
Frank Ramsey
Collier County IIIIS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 08-102-IF
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BIT 1240
160
9 ~
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this i>7 day of January, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Guerline Fanfan" (OWNER),
collectively stated as the "Parties,"
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance), In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply,
2. The legal description of the dwelling unit is attached as Exhibit "A,"
3, The term of this Agreement is from the date set forth above until the impact fee is repaid,
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three
Hundred Seventv Two and 52/100 Dollars ($19.372,52), Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County, The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed, Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6, Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same,
7, In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
16D
9
OR: 4325 PG: 2018
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable, The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreemcnt, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid,
8, This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest,
9, This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written,
Attest:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER UNTY, LORIDA,
.
.tt:rY;
,CH
By:
f; -!;/::.;-.._:-- '_" j
TOM HENNING
~sses~ ~. ()
, It . I..'-..
Pri t Name ,fe VfOfYv\
,
OWNER:
- --~
Guo{/ />0' ~'L/~ ~
Guerline Fanfan
OWNER:
r
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
The foregoin~ Agr~entwas acknowledged before me this ~ day of ~(.n' 'u.~ '
by ~<"f ("1 f' fUn l,. , , who is personally known to me or has pr uced
-F L \) ." u'.-' L (X,,- -Y' as proof of identity,
"V<l',/V'..f'JV-.:......J'l.ivV\IV'~rv"..r"..../.. _
[N'~RI~~~~~}': '!Ii::
,~~~w,: \:'!U-, ",
i%"~
'lgnature of Person Taking Ackno
:,'1
'v..,.\_...I...'y....,\".,~,'''''\f'...i\)''_/\j\,' r~;-'."v,/,"'"..i
/
,l_\ ----D
V'-~.A...
~/M cy Krumbi
Director
Collier County Housing and Human Services
*** OR: 4325 PG: 2019 ***
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 21, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, ofthe Public Records of Collier County, Florida.
STREET ADDRESS
13364 Covenant Road, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D, Community Parks Impact Fee
E, Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G, Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
J, Water Impact Fee
K, Sewer Impact Fee
TOTAL IMPACT FEES
JAK Approved ~ ~/_
16D
9 ~
Amount Owed
$100.59
$62.14
$368,18
$750,00
$1,659,00
$2,862,00
$6,059,00
$410,00
$171.61
$3,415.00
$3,515,00
$19,372.52
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 D 10
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUItt
Print on pink paper. Attach to original docum~nt. Original documents ~hould be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only afler the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with U1C
excention of the Chairman's signature, draw a line through roulin!! lines # IlhroU!~h #4, comnlete the checklist, and forward to Sue Filson (Iine#5).
Route to Addressee(s) Office Initials Date
(List in routine: order)
J,Frank Ramsey Housing and Human Service rfr- I/Zq!fJ'f
2, Chairman Tom Henning BCC
3,
4,
5, Sue Filson, Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta:;t is the holder of the original document pending Bee approval. Normally the primary contact is the person who createcVpreparcd the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to ccntact staff for additional or missing
infonnation. All original documents needing the BeC Chairman's signature are to be delivered to the Bee oftice only after the Bee has acted to approve the
item)
Name of Primal)' Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403.2336
Contact Human Services
Agenda Date Item was 01/29/2008 Agenda Item Nwnber 160 -to
Approved bv the BCC
Type of Document Impact Fee Deferral Agreement Number of Original 1
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except tbe BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by tl1e County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final De Jotiated contract date whichever is a licabJe.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval,
Some documents are time sensitive and require fOlwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified, Be aware of our deadlines!
The document was approved by the BCC on 01129/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A(Not
A Iicable)
2,
3,
4,
5.
6,
~
7K
W
~
~
nla
~
I: Fonns/ County Forms/ BeC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4123061 OR: 4325 PG: 2014
RBCORDBD in OFFICIAL RICORDS of COLLIIR COUHTY, FL
01/30/2008 at 12:35P" DWIGHT B. BROCI, CLIRI
RIC FBI
cams
27.00
3,00
Frank Ramsey
Collier County UUS
3301 E. Tamiami Trail
Naples. Florida 34112
File# 08-10S-IF
Retn:
CLBRI TO THB BOARD
INTBROFFICI 4TH FLOOR
BIT 1240
16010 ,
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this S day of January, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Juliette St Hilaire" (OWNER),
collectively stated as the "Parties,"
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance), In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply,
2, The legal description of the dwelling unit is attached as Exhibit "A,"
3, The term of this Agreement is from the date set forth above until the impact fee is repaid,
4, The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three
Hundred Seventv Two and 46/1 00 Dollars ($19,372.46), Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total fee amount.
5, The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County, The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed, Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes,
6, Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same,
7, In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
16 D 10 tOR: 4325 PG: 2015
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable, The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximwn statutory rate for judgments calculated on
a calendar year basis until paid,
S, This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9, This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written,
By:
~tt~rt i'H
i i'~ndt~r.t.
eputy Clerk
BOARD OF COUNTY COMMISSIONERS
CO:k'XTNTY. Fr.oR1D~.
By J~~t
Attest:
DWIGHT E, BROCK, Clerk
TOM HENNING
OWNER:
V^'~i:J
':)!Ji.,'o fh St- ~j ~
Juliette St Hilaire
OWNER:
'Crr/nael-
STATE OF FLORIDA)
COUNTY OF COLLIER)
200S,
The foreroin~ Agreement ,was acknowledged before me this ~ day of
by J-..l (e.~~" S\ I~,L"K , who is personally known to me or
as proof of identity,
"....."',_~-!',J'_~
.!<:1;\C,
'~TARIAL SEAL].,J
./
"
/
gment
kow
County Attorney
"'~mm'"d AI'm
l~ J..",
. arcy Krumbine, MP A
Director
Collier County Housing and Human Services
EXHIBIT "A"
*** OR: 4325 PG: 2016 ***
1 6 11 10'
LEGAL DESCRIPTION
Lot 31, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
13404 Covenant Road, Naples, Florida 34114
EXHIBIT "B"
IMP ACT FEE BREAKDOWN
Type ofImpact Fee
Amount Owed
A, EMS Impact Fee
B, Correctional Facilities Impact Fee
C. Library Impact Fee
D, Community Parks Impact Fee
E, Regional Parks Impact Fee
F, Educational Facilities System Impact Fee
G, Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
J, Water Impact Fee
K, Sewer Impact Fee
TOTAL IMP ACT FEES
$100,59
$62,08
$368,18
$750,00
$1,659,00
$2,862,00
$6,059,00
$410,00
$171.61
$3,415,00
$3,515,00
$19,372.46
JAK Approved _/~_
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 D 11 ~
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUft '
Print 011 pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention OftllC Chairman's signature, draw a line through routing lines # I through #4, comnlete the checklist, and forward to Sue Filson (line#5),
Route to Addressee(s) Office Initials Date
(List in routin!! order)
I ,Frank Ramsey Housing and Human Service %- 1/~1/0!J
2, Chairman Tom Henning BCC
3,
4,
5, Sue Filson, Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primal)' contoct is the holder of tile original document pending BCC approval. Normally the primary contact is the person who created'prepared the executive
summary. Primary contact information is needed in the event one of dle addressees above, including Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered 10 the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336
Contact Human Services
Agenda Date Item was 01/29/2008 Agenda Item Number 16D -1/
Aooroved bv Ihe BCC
Type of Document Impact Fee Deferral Agreement Number of Original J
Attached Documents Attached
l.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office oflhe County Attorney. This includes signature pages Irom ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chainnan and Ihe Clerk to the Board
The Chainnan's signature line date has been entered as Ihe date of BCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCe approval.
Some docwnents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 01/2912008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A(Not
A lieable)
2.
3,
4,
5,
6,
~
~
~
~
~
nla
7;L
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4123060 OR: 4325 PG: 2011
RBCOROBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
01/30/2008 at 12:35PM DWIGHT B, BROCK, CLBRK
RBC m 27.00
COPIRS 3.00
Frank Ramsey
Collier County "HS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 08-107-IF
Retn:
CLBRI TO THB BOARD
IRTBROmCB 4TH FLOOR 1 6 D 11 ·
BIT 7210 ~
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this L day of January, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Gasner Andre and Mathilde Andre"
(OWNER), collectively stated as the "Parties,"
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance), In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply,
2, The legal description ofthe dwelling unit is attached as Exhibit "A,"
3, The term of this Agreement is from the date set forth above until the impact fee is repaid,
4, The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three
Hundred Seventv Two and 46/100 Dollars ($19,372.46), Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total fee amount.
5, The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County, The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed, Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes,
6, Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same,
7, In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
160 11 10R: 4325 PG: 2012
may, at its sole option. collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable, The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid,
8, This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9, This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY,
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written,
Attest:
DWIGHT E,BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
.
By:
!~ tt~~'l'f',- <',.~ ''{*, '" ,
s 1'1,).j':~F't\ 0.:; ('(
By:
, H
TOM HENNING
OWNER:
(?W~~/
Gasner Andre
Witnesses:
::/,'
: C~/,
Print Name
.:;2 ,:;-
AJi),/u<c (d.~~ r
OWNER:
;1/ll! 117/:C ({)",
Mathilde Andre
/1/?7~
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
The foregoing Aj;reyment was acknowledged before me this ~ day of .-Jo.(\'-.)cJ.f'c\ ,
by &a:>l'l" /f,rhl, e t j,j I.{ " who is personally known to me or has produ&ed
as proof of identity,
."^^^^"",.~V'oJ,,,. ,
~ ,,'~1}1'WRlj.\\.lI0SEJ\{~j() ,
; ~ H\; I. l~l~I~SI(lN :'nD~')(11~ ~
}-\-_ ,......"-~ i \li'll\f-:~ .\iJl".n ").."1'11, (.
? I.~,;:\f~_~! ""'I)I.!fS';'~,;"..",,, '" ~
t..,"V\I"'^^......VV"\l\."-^^^/'O".I'../V>.J4~
,/
Signature of Person Taking Acknowl
"
Appro d as 0 form
and Ie c ncy:
zkow
County Attorney
Recommend Approval:
/,
J~,--~ ~, l J-, ~
/Marcy Krumbim!, ~PA
Director
Collier County Housing and Human Services
Jeffrey
Chief As
*** OR: 4325 PG: 2013 ***
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 158, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
13449 Gemmer Road, Naples, Florida 34114
EXHIBIT "B"
IMP ACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C, Library Impact Fee
D, Community Parks Impact Fee
E, Regional Parks Impact Fee
F, Educational Facilities System Impact Fee
G, Road Impact Fee
H, Government Buildings Impact Fee
I. Law Enforcement Impact Fee
], Water Impact Fee
K. Sewer Impact Fee
TOTAL IMP ACT FEES
JAK Approved _/_1_
16D 11 ~
Amount Owed
$100,59
$62,08
$368,18
$750,00
$1,659,00
$2,862,00
$6,059,00
$410,00
$171.61
$3,415,00
$3,5] 5,00
$19,372.46
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 12
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are La he forwarded to the Board Oftice only after the Aoard has taken action 011 the item.)
ROUTING SLIP
Complete routing lines#1 through #4 as appropriate for adJitional signatures, dates, and/or information needed. If the document is already complete with the
exccotion of the Chairman's signature, draw a line throueh wUlin!! lines # 1 through #4, comDJete the checklist, and forward to Sue Filson (Iine#5)
Route to Addressee(s) Office Initials Date
(List in routinp" order)
I ,Frank Ramsey Housing and Human Service ~ J!Z1!O<{
2, Chainnan Tom Henning BCC
3,
4,
5, Sue Filson, Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta;t is the holder of the original document pending BCe approval. Normally the primary contact is the person who created'prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only atter the Bee has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336
Contact I-luman Services
Agenda Date Item was 01/29/2008 Agenda Item Number J6D-I:?--
Aooroved bv the BCC
Type of Document Impact Fee Deferral Agreement Number of Original 1
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signedlinitialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully execoted by all parties except the BCC
Chainnan and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exee t the BCC Chainnan and the Clerk to the Board
The Chainnan's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a lieable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require fonvarding to Tallahassee within a certain
time frame or the Bce's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on 01/2912008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A lieable)
2,
3,
4,
5,
6,
1t-
~
~
7L
nla
u
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4123068 OR: 4325 PG: 2035
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUHTY, FL
01/30/2008 at 12:35PH DRIGHT B, BROCK, CLERK
RBC FBI
coms
27.00
3,00
Frank Ramsey
Collier County UUS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 08-toO-IF
Retn:
CLBRK TO THB BOARD
IHTBROFFICB 4TH FLOOR
BIT 7240
16 D 12 ~
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ~ day of January, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Ricardo Blanco and Anita Blanco"
(OWNER), collectively stated as the "Parties,"
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance), In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2, The legal description of the dwelling unit is attached as Exhibit "A."
3, The term of this Agreement is from the date set forth above until the impact fee is repaid,
4, The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twentv Six Thousand Two
Hundred Four and 83/100 Dollars ($26.204,83), Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no
event shall it exceed twenty-five percent (25%) of the total fee amount.
5, The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County, The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed, Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6, Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same,
7, In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
16 0 12 'OR: 4325 PG: 2036
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable, The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid,
8, This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9, This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY,
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written,
{}.;"; li!'. .. \ . -j '"
I.-C,",,< .
BOARD OF COUNTY COMMISSIONERS
COLLIERYUNTY, F ORIDA,.
By: ~~ ~
JAMES COLETTA, CHAl
TOM HENNING
Attest:
DWIGHT E. BROCK,Clerk
W~~.JJ
Print NameI)(f" "'!Yep 1'1 I
OWNER:
;; U' ~
~(jJ. JA-("
Ricardo Blanco
OWNER:
M\~~J;)
Anita Blanco
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this ~ day of o.~vo. fc.: ,
2008, byj:<\(r"J:n ~\r,'^(<.l ~ A.a, who is personally known to me or has prod
as proof of identity,
7
~
,/
:~"
elf.,
,\."jj.-',
1.'^J".,t'V".,,,,..j-,'
.RFJO
r:- "' 1-
ignature of Person Taking Acknow edgment
'V\'::<I' 1'):1 !JWi'i;,;~ ~
'", ",'i,' f,
. ,-v,;,:,':~;;~~~
o form
lency:
Recommend Appro:val:
,"
w
t County Attorney
,.
~i( -.
PA
.-V
cy Krumbine,
Director
Collier County Housing and Human Services
EXHIBIT "A"
*** OR: 4325 PG: 2037 ***
16 D 12 ~
LEGAL DESCRIPTION
Lot 13, Block 6, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3,
page 86 and 87, Public Records of Collier County, Florida.
STREET ADDRESS
5322 Jennings Street, Naples, Florida 34113
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A, EMS Impact Fee
B. Correctional Facilities Impact Fee
C, Library Impact Fee
D, Community Parks Impact Fee
E, Regional Parks Impact Fee
F, Educational Facilities System Impact Fee
G, Road Impact Fee
H, Government Buildings Impact Fee
1. Law Enforcement Impact Fee
], Sewer System Fee
K, Water System Fee
TOTAL IMPACT FEES
$100,59
$113,53
$460,23
$935,00
$2,068.00
$8,228,00
$6,359,00
$725,00
$285,48
$3,515.00
$3,415,00
$26,204.83
JAK Approved --1_1_
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 D 13
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURl'-
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the
excention of the Chairman's si!1nature, draw a line through roulin!! lines # Ilhroueh #4, comn]cle the checklist, and forward 10 Sue Filson (line#5).
Route to Addressee(s) Office Initials Date
(List in routine: order)
J,Frank Ramsey Housing and Human Service ~ //z1/or
2, Chairman Tom Henning BCC
3,
4,
5, Sue Filson, Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta;t is the holder of tile original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oflhc addressees above, including Sue Filson, need to cmtact slafffor additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only alkr the Bee has acted to approve the
item)
Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336
Contact Human Services
Agenda Date Item was 01/29/2008 Agenda Item Number 160-13
Approved bv the BCC
Type of Document Impact Fee Deferral Agreement Number of Original 1
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne 'otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 01129/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Yes
(Initial)
NIA (Not
A lieable)
2,
3,
4,
5,
6,
7)(
nla
#:
1t..
~
I: FonnsJ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4123059 OR: 4325 PG: 2008
RICORDID in OPPICIAL RICORDS of COLLIIR COUNTY PL
01/30/2008 at 12:35P8 DWIGHT I. BROCK, CLIRK '
RIC m 27.00
coms 3.00
"'rank Ramsey
Collier County HHS
3301 Eo Tamiami Trail
Naples, Florida 34112
Retn:
CLIRK TO THI BOARD
INTIROPPICI 4TH PLOOR
mmo
16013
File# 08-108-IF
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ~ day of January, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Adiel Soler and Mirna Navarro"
(OWNER), collectively stated as the "Parties,"
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2, The legal description of the dwelling unit is attached as Exhibit "A."
3, The term ofthis Agreement is from the date set forth above until the impact fee is repaid,
4, The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date ofthe transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three
Hundred Seventy Two and 46/100 Dollars ($19.372,46), Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total fee amount.
5, The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County, The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed, Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes,
6, Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same,
7, In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
16D 13 ~
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
OR: 4325 PG: 2009
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable, The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid,
8, This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written,
Attest:
DWIGHT E. BROc:::K,Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER OUNTY, FLORIDA,
.
By:
Attlut n v'
sl;p.lltllrf '& if"
By:
TOM HENNING
OWNE~
/L'
Adiel Soler
Witn~ses: ;2 4z'.
--;:;u~G--<- ,//__
Print Name lltu MQ I we, .. T;-"J'l
014WN ,( \.
.'tjf--> /
Mi Navarro
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
The foregojng Agreement was acknowledged before me this L day ofJQrluo.rl;, ,
by If"" d .'50/({ 4'- Ii,,",,, IJ,,'o'n' who is personally known to me or has p oduced
as proof of identity,
~ "^"'^^~~W"IFJ()"
. . -. A~R.:tl~. '.. L~. :
~\11ftJ.\J~+-tI", !,)'IU.'.~:-: (
~ "....~ ~,: r;iHI~:~ '\<11'\-'\ '<; ';'i!:,1 \-
"0)- dO<- 'd', "_ (
O/'f. .; I h', ;...",~,,,, .,-,- \"',, t
,I..m.l....'.,' :' ~
",~",... ....f.......""-..r.I V\,I\f'.i.'/V\I'.JV\l'....
--1Zmm 2~. .,~
signature of Person Taking Xcknowledgment
Appr
and I
Recommend Apl1 oval:
'\
Jeffrey Kl zkow
Chief A ist County Attorney
,.] -'
<...- /C ...,.
C)'--_...._-~ _ "\ ""---'4:"
arcy Krumbine, MP A
Director
Collier County Housing and Human Services
*** OR: 4325 PG: 2010 ***
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 159, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, ofthe Public Records of Collier County, Florida.
STREET ADDRESS
13445 Gemmer Road, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
JAK Approved~~_
16D13
Amount Owed
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,415.00
$3,515.00
$19,372.46
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D' 14 1"
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Altach to original document. Original UOCllments should be hand delivered to the Board alTice, The completed rouling slip and original
documents arc to be forwarded to the Board Oftice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's silJnature, draw a line tllrollPh routinJ.l' lines #1 throuph #4, comnlete the checklist, and forward to Sue Filson (line#5).
Route to Addressee(s) Office Initials Date
(List in routillP order)
I.Frank Ramsey Housing and Human Service 7:L //z'l/Of
2. Chairman Tom Henning BCC
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta::t is the holder ofd1e original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCe has acted to approve the
item)
Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336
Contact Human Services
Agenda Date Item was 01/29/2008 Agenda Item Number 16D_ILf
Annroved hy the BCC
Type of Document Impact Fee Deferral Agreement Number of Original 1
Attached Documents Attached
L
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A'" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
Tn most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC OJ) 0112912008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chao es, if a licable.
Yes
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
Jyc
7,(
~
7t:'
~
n/a
~
I: Forms! COWlty Forms! BCe FomlS! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4123058 OR: 4325 PG: 2005
R!CORD!D in OffICIAL R!CORDS of COLLI!R COUNTY, fL
01/30/2008 at 12:35PK DWIGHT !. HROCK, CL!RK
R!C P!!
coms
27.00
3.00
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples, Florida 34112
Retn:
CL!RK TO TH! BOARD
INT!ROffIC! 4TH fLOOR
BIT 7240
160 14 ,
File# 08-106-IF
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ~ day of January, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Dugue J. Grand Jean and Yolene
Grand Jean" (OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three
Hundred Seventy Two and 46/100 Dollars ($19,372.46). Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
16 n 14
OR: 4325 PG: 2006
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E. BROCK, Clerk
By:
Att:.\t "'t;c CM1MllaJ' Deputy Clerk
s i.Jitd ~..";ti: (M; b.. " . -'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By .;ks~~t
TOM HENNING
OWNER:
DUg~ean
OWNER:
Witnes es:
/
Pnnt Name
~(;/~ U1~d-~
Yo ene Grand Jean
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this ~ day of -J.lllcJa,l.{..J- ,
2008, by l:>u c~'-'{. <tc ~\o (c-,< G~, who is personally known to me or has pr~uced
as proof of identity.
.l' .,,'
..~ >",
'-:'0"""";'
,.'W_l'-'. I
.."\,i'.rvv~'
I - ;JO~
.;~j;\:: :1-;\ :"'!):ll~i:i;JS ~
,~~V~~~~
/;J l(".ft-!'t"/- /L ~-
Signature of Person Taking cknowledgment
Appr
and I
Recommend Approval:
I.~ ~..-\. /--. \ ("" jt, -p
~y Krumbine, ~PA
Director
Collier County Housing and Human Services
Jeffrey . I tzkow
Chief A sis t County Attorney
***
OR: 4325 PG: 2007 ***
16 D 14 ~
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 157, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
13453 Gemmer Road, Naples, Florida 34114
EXHIBIT "B"
IMP ACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,415.00
$3,515.00
$19,372.46
JAK Approved ~ ~_
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 0
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 15
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infomlation needed. If the document is already complete with the
exceotion of the Chairman's signature, draw a line through routing lines # I through #4, comolete the checklist, and forward to Sue Filson (lioe#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I.Frank Ramsey Housing and Human Service 1L /jzr/o(
2. Chairman Tom Henning BCC
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary COl1toot is the holder of the original document pending Bee approval. Normally the primary contact is the person who created'prepared the executive
summary. Primary contact information is needed in the event one ofdle addressees above, including Sue Filson, need to cmtact staff for additional or missing
information. All originaJ documents needing the BCC Chairman's signature are to be delivered to the GeC office only after the sec has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336
Contact Human Services
Agenda Date Item was 01/2912008 Agenda Item Nwnber 160-1 S-
Approved by the BCC
Type of Document Impact Fee Deferral Agreement Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark uN/A"' in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialcd by the County Attorney's
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approvaL
Some documents are time sensitive and require fOlwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 01/29/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
7i
nla
"7L
7t
7)L
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4123057 OR: 4325 PG: 2002
RICORDID in OPPICIAL RICORDS of COLLIIR COURTY, PL
01/30/2008 at 12:3SPK DWIGHT I. BROCK, CLIRK
RIC m 27.00
cams 3.00
Frank Ramsey
Collier County HUS
3301 E:. Tamiami Trail
Naples..'lorida 34112
Retn:
CLIRK TO THI BOARD
INTBROmCI 4TH PLOOR
BIT 7240
16D 15 ~
File# 08-101-IF
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ~ day of January, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Esteban Racero Jimenez and Maria
Gamez" (OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit" A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Ninetee~. Thousand Three
Hundred Seventy Two and 52/100 Dollars ($19.372.52). Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
16D15~
OR: 4325 PG: 2003
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
By:
Atttrt 1$ to CM t't'llili. ..
S1gft4turt oAr~"i. . .
Attest:
DWIGHT E. BROCK;perk
TOM HENNING
OWNER:
Witnesses:
?~
// _' It/
/. <-
Prmt Name
a~ /~
J0011Y\C< (0l.~
"\
qj\\~~
:r'~ J,m ~
CeC0 )
Maria Pam~
STATE OF FLORIDA)
COUNTY OF COLLIER)
2007,
The ~oregoing Agreement was acknowledg~d before me this ~ day of ) 0' ''\''O-'~ '
by i: -,\ < Lx,,' P-j d- ivtu f' 0- '>; who IS personally known to me or has prod ed
as proof of identity.
.~~
~~ '\i,I'~\1L<;';I!I\~'ln~'}Olir, (.
r~>~Yl:f;")'<h~\'-lI"LI..:'J,"!I!1l <
. ~".'" ."
",.,t',: 1.;",-"""1.,,,,',1,')
'Y..,j.......'^'" ""","r~'v\.J'
~~ /~LL k -j~
SIgnature of Person Taking .' owledgment
Recommend Appro al:
"1
Jeffrey I tzkow
Chief A ist t County Attorney
~.-+-L./::
~~
ar Krumbine, MPA
Director
Collier County Housing and Human Services
*** OR: 4325 PG: 2004 ***
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 23, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, ofthe Public Records of Collier County, Florida.
STREET ADDRESS
13372 Covenant Road, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
JAK Approved _/~_
16D 15 ~
Amount Owed
$100.59
$62.14
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,415.00
$3,515.00
$19,372.52
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 16
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper, Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the
,
exception of the Chairman's signature, draw a line throul'h routinp" lines # I throuph #4, comnlete the checklist, and forward to Sue Filson (Iine#5).
Route to Addressee(s) Office Initials Date
(List in routine: order)
I.Frank Ramsey Housing and Human Service 71- I/Z11ort
2. Chairman Tom Henning BCC
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contoct is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one ofdle addressees above, including Sue Filson, need to cmtaet stafffor additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the Bee office only after the BCC has acted to approve the
item)
Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336
Contact Human Services
Agenda Date Item was o l/29/2008 Agenda [tern Nwnber 16D -tlo
Approved bv the BCC
Type of Document Impact Fee Deferral Agreement Number of Original I
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a TO riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the fmal ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some docwnents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on 01129/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chao es, if a licable.
Yes
(Initial)
~
'71- nla
~
7l
7t-
'it:
I: Forms/ County Fannsl BCe Forms/Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples, Florida 34112
4123064 OR: 4325 PG: 2023
RICORDID in OPPICIAL RlCORDS of COLLIIR COUH7Y, PL
01/30/2008 at 12:35PN DWIGHT H. BROCK, CLIRK
RIC m 27.00
coms 3.00
Return to
Retn:
CLIRK TO THI BOARD
IH71ROPPICI 4TH PLOOR
m 7240
160 16 ,
File# 08-060-1F
Thi5 space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 31 day of October, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Jean Eltinor" (OWNER), collectively
stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term ofthis Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four
Hundred Fortv Two and 52/100 Dollars ($12.442.52). Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no
event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
16016
OR: 4325 PG: 2024
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable, The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid,
8, This Agreement is the sole a!,'feement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest
9, This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written,
Attest:
DWIGHT E. BROCK'JClerk
By:
l~t ~ft
t'~,l),?^ r;~l, '-t':I..""
BOARD OF COUNTY COMMISSIONERS
COLLIE~TY, ORIDA,.
BY:~
JA:!\'lE3 COLI:TTA, CHAI
TOM HENNING
~~ ...Qlv~
Print Name Mo.r+hc... i\\Jarado
OWNER:
XITfAM:f~~
Jean Eltinor
Witnesses:
OWNER
Print Name
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this L day of VOJ~m.b1 r ,
by ~e ^~" \ ~ ( I ~''''-<.J f' , who is personally known to me or has produced
.1) r ",-" { L-, ( , <c-, c' as proof of Identity.
2007,
;j~Y::,;I''^'''.r,\!-..IV<JVVV''I''i'V\!''~"
'~e ,\ \(1](\"I,.;I.>W.,L'*"".""", ".'
[N ' JAl:v~~!,'''J '
)"7... ,..iT . ,,,',, .;,':. ,,-' uiJ "
> "OrF\O" I.'C ./.1.." .-\l;:~".,(
'~',''',''-,"nIM'Y I-Ir.,,,,,,-,]),.,.,,,,"
1"~'V'..<VVv..rv",~~~\
:/ (';7;11- ~?, /1<--- ~
Signature of Person Taking Acknowlogment
Jeffrey A I tz w
Chief Ass t t County Attorney
R'i)~"d AP7t> 0
.d~ KrumbinttwA
Director
Collier County Housing and Human Services
Approve as 0 form
an
*** OR: 4325 PG: 2025 ***
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 15, Liberty Landing, according to the plat thereof,
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, of the Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
TOTAL IMPACT FEES
JAK Approved ~I ~I ~
16 D 16 ~
Amount Owed
$100.59
$62.14
$368.18
$750.00
$I,659.00
$2,862.00
$6,059.00
$410.00
$171.6I
$12,442.52
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J 6 D 17
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TU
Print on pink paper. Attach to original document Original documents should be hand ddivcrcd to the Board Otlice. The completed routing slip and original
documents are to be forwarded to the Board Oftlce only after the Board has taken action on the item.)
ROUTING SLIP
Complete rouling lines # 1 through #4 as appropriate for additional signatures, dates, and/or infomtation needed. If the document is already complete with the
cxceotion of the Chairman's signature, draw a line through routinl!; lines # 1 throuph #4, comnlete the checklist, and forward to Sue Filson (Iine#5).
Route to Addressee(s) Office Initials Date
(List in routin!)" order)
I .Frank Ramsey Housing and Human Service ?I- t/z-'1lbr-
2. Chairman Tom Henning BCC
3.
.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta:::t is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oflhc addressees above, including Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336
Contact Human Services
Agenda Date Item was 01/29/2008 Agenda Item Nwnber 160 - I-:r-
Approved bv the BCC
Type of Docwnent Impact Fee Deferral Agreement Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
The Chainnan' s signature line date has been entered as the date of BCC approval of the
document or the fmal ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 01/29/2008 and all changes made dnring
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
11-
ff
7t-
7i
'it
n/a
?7L
I: Forms/ Cmlllty Forms/ Bee FomlS/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Reiurn io
4123067 OR: 4325 PG: 2032
RBCORDBD in OPPICIAL RlCORDS of COLLIBR COURTY PL
01/30/2008 at 12:35PN DIIGHT B. BROCK, CLBRK '
RBC PBB 27.00
coms 3.00
Frank Ramsey
Collier County "HS
3301 E. Tamiami Trail
Naples, 1<"lorida 34112
Retn:
CLBRK TO THB BOARD
IHTBROPPICB 4TH PLOOR
BX1 7240
160 17 ,
File# 08-059-IF
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 11 day of October, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Dollie Gallegos" (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any cont1ict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term ofthis Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date ofthe transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four
Hundred Fortv Two and 52/100 Dollars ($12,442.52). Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no
event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
160 17 , OR: 4325 PG: 2033
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER UNTY, LORIDA,
..
By:
lItt1S l\ ""'
'ij1/!iltV'~
By:
J.^.Hli:lil CQb.Ii:TT^., CH
TOM HENNING
Witnesses:
'-f"(\(\.+l.~
Print Name (' ""r~
OWNER:
<f)aC)ot ' ~.~
Dollie Gallegos
OWNER:
1ffuesses: (l4 b-
h~~tGl:::- r~~
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agr;tl;J,nt was acknowledged before me this -L!L day of ~
by ~-' 1-/. U ~ , w~o is personally known to me or has produced
, as pr of of idenl1ty.
2007,
[NOTARIAL SEAL]
MENDOZA
.,W", AGNES #DDS,"'41
RWJ.'" M'i COMMlSS\~ \2.20\0
EXP\Rf..S:s~ \~.co.
.;;:1 FI'-"'-
Approv :WOTM'< .
and leg s fi .
Jeffrey P<
Chief As
n~":1~~ -P
~y Krumb e, MPA
Director
Collier County Housing and Human Services
EXHIBIT "A"
*** OR: 4325 PG: 2034 ***
16D17
LEGAL DESCRIPTION
Lot 14, Liberty Landing, according to the plat thereof,
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, of the Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
G. Road Impact Fee
$100.59
$62.14
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
TOTAL IMPACT FEES
$12,442.52
JAK Approved -.! _/_
., If;
ORIGINAL DOCUl\1ENTS CHECKLIST & ROUTING SL& ~~
TO ACCOMPANY ALL. ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COl\iIMISSIONERS OFFlCE FOR SIGNATURE
Prim on pink paper. Allach '" origiD:ll A~_. OrigiD:ll A~m_" .tmld be haod delivered '" t1le BoW. Office.. TheCOlDjlleled roulillg ,Up ond origiJW
A~-"''''''''belixwmfed'''t1le_OtIiccaniyatlert1leBOIIlIhasOlb:a.acdon.ont1lei-.) . . .. ..'. .'
. . ROUTING SLlP
. Camp.... roatiag liDos IIllbmugh 114 as ~ filraddidcaal.siglWllElO!, ....... mtlIar iDfacsladon aeodcd..lt tbc d""';;'_;js i1/re:adyCJl!l!l/coo wilh tbc
dcncttbcn..;,."""". . dr.tw.linel!lraa IlllIIin lIDedltbmu 114, ....tbcdu:ckllst..d1bcwazd"'S...fiIstm(liDe#5). .
Route to Addressee(s) . Office Initials Date
. inmatin onfer) .. _
PRIMARY CONTACT' INFORMATION
("!'be primary """"'" is tbc boJdcr of tbc origiDal dcc:umeoe pCllding Bce approvuL Nommlly the primary __ is the P""OlI wbe ~ tbc executive
summary. Primary COD.CICI: iD:t'cmw:iOI1 is accdcd in t:hc event OIIC of tbc ~ ilbove. including Sue Filsoa.. aced to c:ontlct mil fer addiz:ioaal or mi.uing
icl'onDacioa. All ocigiJW d~~-"lICCding tbc Bce OWrmm', siglll1l1lrC = '" be deUverc<l'" tbc BCe office only oiler tbc BCe has llCIlCd '" approve tbc
ilmL)
Name of Primary Staff I"VI_ . J
Contact I "...nl
Agenda Dale Item was
A roved b the BCC
Type of Document
Attached
rl~
....:
.-
.------
2.
.--------/
3.
5. Sue FIlson, E:tecutive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
Go~
hh'n
Phone Number
Agenda Item Number
a,
C)-q.l ~a8
me.n-t-{;;~f1
Number of Original
ocuments Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "W A" in the Not Applicable column. whichever is
1.. Original document has been signedrmitiaJed for legal stifficiency. (All documents to be
signed by the Chainnan. with the exception of most letters; must be reviewed and signed
!iy the Office of the County A1:IrJrney. This i1lcludes signature pages from ordinances,
resolutions. ere. signed by the County Attorney's Office and signature pages from
contracts, agreemenlS, ere. that have been fnlly =uted by all parties except the BCC
01airman and CIeri: to the Board and I State Officials.)
2. An bamlwritten.strilce-tbrongh and revisions bave been initialed by the County Attorney.' s
Office and all othc% arties e t the BCC Chairman and the Clerk to the Board
3. The Chai:rJpan's signature line date has been entered as the date ofBCC approval of the
document or the final De tia!ed contract date whichever is licable.
4. "Sign here" tabs are placed on the appropriate pages illdiC3ting where the Chairman' s
si' and initials are .
5. In Ii10st cases (some contr3ClS are an exception), the original document and this routing slip
should be provided to Sue Fllson in the BCC office within 24 hours of Bce approval.
Some documents are time sensitive and requ:ire't"orwarding to T.I1.h"see within a certain
time frame or the BCC's actions are nullified. Be awore of our deadlines!
6. The docmnent was approved by the BCC on -. (enter date) and all changes
made during the meeting have been incorporated in the attached docnment. The
COUD Attorn's Omce has reviewed the eo, if a Hoable.
'~C."')I
;,/'1
.~'-
~.,;l.,E;q~
/(Pt::>~
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Yes N1A(Not
(Initial) Iicable)
.J'
~ IV /Ir
~ FocmsI County _ BCC FonnsI Original DocllmellS Rawillg Slip WWS Original 9.03.04. Revised L26.OS. Revised 2.24.OS
16 D 201
MEMORANDUM
Date:
January 30, 2008
To:
Marlene McLaughlin, Property Acquisition Specialist
Real Estate Services
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Easement Agreement-Bayview Park Additional Parking
(Folio: 61380600004)
Attached please find the original Easement Agreement (Agenda Item
#16D20), as referenced above and approved by the Board of County
Commissioners on Tuesday, January 29, 2008.
Please return document to the Minutes and Records Department to be retained
for the public record.
If you should have any questions, please call me at 252-7240
Thank you.
Attachment (1)
16 D 20
PROJECT: Bayview Park Additional Parking
FOLIO NO.: 61380600004
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between ANTHONY SARTORI,
whose mailing address is 3455 Poinciana Street, Naples, Florida 34105 (hereinafter referred to
as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain real property (hereinafter referred to as
"Property"), located in Collier County, State of Florida, and being more particularly described as
follows:
Lot 24, Naples Bayview Addition. No.1, according to the plat thereof, recorded in Plat Book 4,
Page 20, of the Public Records of Collier County, Florida.
WHEREAS. Purchaser is desirous of purchasing the Property, subject to the conditions and
other agreements hereinafter set forth, and Seller is agreeable to such sale and to such
conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt
and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions hereinafter
set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the
Property.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Two Hundred
Sixty Thousand Five Hundred Eighty and no/100 Dollars ($260,580.00) U.S. Currency
payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the
transaction shall be held on or before ninety (90) days following execution of this
Agreement by the Purchaser, unless extended by mutual written agreement of the parties
hereto. The Closing shall be held at the Collier County Attorney's Office, Administration
Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the
parties in connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens. Marketable title shall be
determined according to applicable title standards adopted by the Florida Bar and in
accordance with law. At the Closing, the Seller shall cause to be delivered to the
Purchaser the items specified herein and the following documents and instruments
duly executed and acknowledged, in recordable form:
3.0112 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0113 Combined Purchaser-Seller closing statement.
1
16D20
3.0114 A "Grantor's Non-Foreign, Tax Payer Identification & "GAP" Affidavit as
required by Section 1445 of the Internal Revenue Code and as required by the title
insurance underwriter in order to insure the "gap" and issue the policy contemplated
by the title insurance commitment.
3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the
Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase
Price. No funds shall be disbursed to Seller until the Title Company verifies that the
state of the title to the Property has not changed adversely since the date of the last
endorsement to the commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller and to issue the
Owner's title policy to Purchaser in accordance with the commitment immediately after
the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due at Closing in
accordance with Article III hereof, shall be subject to adjustment for prorations as
hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its
sole cost and expense, shall pay at Closing all documentary stamp taxes due upon the
recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and
the cost of recording any instruments necessary to clear Seller's title to the Property. The
cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for
in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall
also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes
shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and any other applicable exemptions and paid by Seller. If
Closing occurs at a date on which the current year's millage is not fixed, taxes will be
prorated based upon such prior year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as specified
within this Article, Purchaser and/or Seller, as the case may be, shall perform the following
within the times stated, which shall be conditions precedent to the Closing:
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (AL T A
Form 8-1970) covering the Property, together with hard copies of all exceptions
shown thereon. Purchaser shall have thirty (30) days, following receipt of the title
insurance commitment, to notify Seller in writing of any objection to title other than
liens evidencing monetary obligations, if any, which obligations shall be paid at
Closing. If the title commitment contains exceptions that make the title unmarketable,
Purchaser shall deliver to the Seller written notice of its intention to waive the
applicable contingencies or to terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in
Seller's title in the manner herein required by this Agreement, the title shall be
deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall
have thirty (30) days to remedy any defects in order to convey good and marketable
title, except for liens or monetary obligations which will be satisfied at Closing. Seller,
at its sole expense, shall use its best efforts to make such title good and marketable.
In the event Seller is unable to cure said objections within said time period,
Purchaser, by providing written notice to Seller within seven (7) days after expiration
of said thirty (30) day period, may accept title as it then is, waiving any objection; or
Purchaser may terminate the Agreement. A failure by Purchaser to give such written
notice of termination within the time period provided herein shall be deemed an
election by Purchaser to accept the exceptions to title as shown in the title
commitment.
2
16 D 20
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this Agreement.
Purchaser shall have the option, at its own expense, to obtain a current survey of the
Property prepared by a surveyor licensed by the State of Florida. No adjustments to
the Purchase Price shall be made based upon any change to the total acreage
referenced in Exhibit "A," unless the difference in acreage revealed by survey
exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by
Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment
onto the property; or (b) that an improvement located on the Property projects onto
lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall
notify the Seller in writing of such encroachment, projection, or lack of legal access,
and Seller shall have the option of curing said encroachment or projection, or
obtaining legal access to the Property from a public roadway, within thirty (30) days of
receipt of said written notice from Purchaser. Purchaser shall have thirty (30) days
from the effective date of this Agreement to notify Seller of any such objections.
Should Seller elect not to or be unable to remove the encroachment, projection, or
provide legal access to the property within said thirty (30) day period, Purchaser, by
providing written notice to Seller within seven (7) days after expiration of said thirty
(30) day period, may accept the Property as it then is, waiving any objection to the
encroachment, or projection, or lack of legal access, or Purchaser may terminate the
Agreement. A failure by Purchaser to give such written notice of termination within
the time period provided herein shall be deemed an election by Purchaser to accept
the Property with the encroachment, or projection, or lack of legal access.
V. INSPECTION PERIOD
501 Purchaser shall have sixty (60) days from the date of this Agreement, ("Inspection
Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed without
any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the development of
the Property.
3. The Property is in compliance with all applicable State and Federal environmental laws
and the Property is free from any pollution or contamination.
4. The Property can be utilized for its intended purpose.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any
investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection
Period, written notice of its intention to terminate this Agreement. If Purchaser fails to
notify the Seller in writing of its specific objections as provided herein within the Inspection
Period, it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. In the event
Purchaser elects to terminate this Agreement because of the right of inspection,
Purchaser shall deliver to Seller copies of all engineering reports and environmental and
soil testing results commissioned by Purchaser with respect to the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation. Purchaser
shall, in performing such tests, use due care not to damage property. Seller shall be
notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right
to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
3
160 20 I
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be
prorated at Closing based upon the gross amount of 2007 taxes. and shall be paid by
Seller.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement by
giving written notice of termination to Seller. Purchaser shall have the right to seek and
enforce all rights and remedies available at law or in equity to a contract vendee,
including the right to seek specific performance of this Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or otherwise fails to perform any of the terms, covenants and
conditions of this Agreement as required on the part of Purchaser to be performed,
provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to
terminate and cancel this Agreement by giving written notice thereof to Purchaser,
whereupon one-half percent (1/2%) of the purchase price shall be paid to Seller as
liquidated damages which shall be Seller's sole and exclusive remedy, and neither party
shall have any further liability or obligation to the other except as set forth in paragraph,
12.01 (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's
actual damages in the event of Purchaser's default are uncertain in amount and difficult
to ascertain, and that said amount of liquidated damages was reasonably determined by
mutual agreement between the parties, and said sum was not intended to be a penalty in
nature.
903 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to each
of the parties, and take into account the peculiar risks and expenses of each of the
parties.
X SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to execute
this Agreement and to undertake all actions and to perform all tasks required of each
hereunder. Seller is not presently the subject of a pending, threatened or
contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the Property,
and to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. At Closing, certified copies of such approvals shall
be delivered to Purchaser and/or Seller, if necessary.
10.013 The warranties set forth in this paragraph shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the
said Property shall not be deemed to be full performance and discharge of every
agreement and obligation on the part of the Seller to be performed pursuant to the
provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at law,
equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property that
could, if continued, adversely affect Seller's ability to sell the Property to Purchaser
according to the terms of this Agreement.
4
16 D 20
10.015 No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
10016 Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Seller shall not encumber or convey any portion of the Property or any
rights therein, nor enter into any agreements granting any person or entity any rights
with respect to the Property or any part thereof, without first obtaining the written
consent of Purchaser to such conveyance, encumbrance, or agreement which
consent may be withheld by Purchaser for any reason whatsoever.
10.017 To the best of Seller's knowledge, Seller represents that there are no
incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged
into a public sanitary sewer system; Seller represents that it has no knowledge that
any pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for the
production, handling, storage, transportation, manufacture or disposal of hazardous
or toxic substances or wastes, as such terms are defined in applicable laws and
regulations, or any other activity that would have toxic results, and no such hazardous
or toxic substances are currently used in connection with the operation of the
Property, and there is no proceeding or inquiry by any authority with respect thereto.
Seller represents that it has no knowledge that there is ground water contamination
on the Property or potential of ground water contamination from neighboring
properties. Seller represents no storage tanks for gasoline or any other substances
are or were located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary landfill.
10.018 Seller has no knowledge that the Property and Seller's operations concerning
the Property are in violation of any applicable Federal, State or local statute, law or
regulation, or of any notice from any governmental body has been served upon Seller
claiming any violation of any law, ordinance, code or regulation or requiring or calling
attention to the need for any work, repairs, construction, alterations or installation on
or in connection with the Property in order to comply with any laws, ordinances, codes
or regulation with which Seller has not complied.
10.019 There are no unrecorded restrictions, easements or rights of way (other than
existing zoning regulations) that restrict or affect the use of the Property, and there
are no maintenance, construction, advertising, management, leasing, employment,
service or other contracts affecting the Property.
10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond
issuances or proposals thereof, proposals for public improvement assessments,
pay-back agreements, paving agreements, road expansion or improvement
agreements, utility moratoriums, use moratoriums, improvement moratoriums,
administrative or other proceedings or governmental investigations or requirements,
formal or informal, existing or pending or threatened which affects the Property or
which adversely affects Seller's ability to perform hereunder; nor is there any other
charge or expense upon or related to the Property which has not been disclosed to
Purchaser in writing prior to the effective date of this Agreement.
10021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement up
to and including the Date of Closing. Therefore, Seller agrees not to enter into any
contracts or agreements pertaining to or affecting the Property and not to do any act
or omit to perform any act which would change the zoning or physical condition of the
Property or the governmental ordinances or laws governing same. Seller also agrees
to notify Purchaser promptly of any change in the facts contained in the foregoing
representations and of any notice or proposed change in the zoning, or any other
action or notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property which
may restrict or change any other condition of the Property.
10022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter
called the "Closing Representative Statement") reasserting the foregoing
representations as of the Date of Closing, which provisions shall survive the Closing.
5
16D20
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and
hold Purchaser harmless from any and all costs (including attorney's fees) asserted
against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in
connection with the application of any federal, state, local or common law relating to
pollution or protection of the environment which shall be in accordance with, but not
limited to, the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was
amended and upgraded by the Superfund Amendment and Reauthorization Act of
1986 ("SARA"), including any amendments or successor in function to these acts.
This provision and the rights of Purchaser, hereunder, shall survive Closing and are
not deemed satisfied by conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this Agreement
and the date of Closing shall be Seller's sole risk and expense.
XI NOTICES
11.01 Any notice, request, demand, instruction or other communication to be given to
either party hereunder shall be in writing, sent by facsimile with automated confirmation of
transmission, or by registered, or certified mail, return receipt requested, postage
prepaid, addressed as follows:
If to Purchaser:
Marlene J. McLaughlin
Collier County Real Estate Services
Administration Building F, 4th Floor
3301 Tamiami Trail East
Naples, Florida 34112
(239) 252-8991 Phone
(239) 252-8876 Fax
With a copy to:
Ellen T. Chadwell, Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
(239) 252-8400 Phone
(239) 774-0225 Fax
If to Seller:
Anthony Sartori
3455 Poinciana Street
Naples, Florida 34105
(561) 716-7211 Phone
Notice will be deemed received upon completion of facsimile transmission with automated
confirmation, or after five (5) days of postmarking of Registered or Certified mail
11.02 The addressees and numbers for the purpose of this Article may be changed by
either party by giving written notice of such change to the other party in the manner
provided herein. For the purpose of changing such addresses or addressees only, unless
and until such written notice is received, the last addressee and respective address
stated herein shall be deemed to continue in effect for all purposes.
XII REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the
Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against
any claim or liability for commission or fees to any broker or any other person or party
claiming to have been engaged by Seller as a real estate broker. salesman or
representative, in connection with this Agreement.
6
16D20
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustee, and assignees whenever the context so
requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless
such amendment is in writing and executed and dated by Purchaser and Seller. Any
amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it
has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for convenience
and reference only; in no way do they define, describe, extend or limit the scope or intent
of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and gender
in which used, shall be deemed to include any other gender or number as the context or
the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any provision of
this Agreement shall be applicable only to the specific instance to which it is related and
shall not be deemed to be a continuing or future waiver as to such provision or a waiver
as to any other provision.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
13 08 Seller is aware of and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County Commissioners
of Collier County, Florida.
13.09 This Agreement is governed and construed in accordance with the laws of the
State of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not included
in this Agreement or any such referenced agreements has been or is being relied upon
by either party. No modification or amendment of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Purchaser and Seller.
Time is of the essence of this Agreement.
7
16020
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Pr jecUAcquisition Approved by
BCC: e
AS TO PURCHASER
DATED /-a'7-~t5
A nEST: .
DWIGHT E BROOK, Clerk
AS TO SELLER:
DATED /02//1107
. I
WITNESSES:
R (\.'\& ..vJ.1/'U-;> L -
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(Signature)
c]S(lSt'mrtYif' --Ya nt S,
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C(yz;r:I~ -OR< V
(Printed Name)
Approved as to form and
Le(;2Cj~
Ellen T. Chadwell
Assistant County A"orney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY: _ ^---
1Q ... ...~C irman r
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BY:
Anthony Sart~1
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NOTARY PUBUC.STATE OF Fl.ol1mf
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NOTARY PUBUC.STATE OF FLORIDA
W Rosemane Tanis
Commission # DD528794
Expires: MAR. 14, 2010
Bonded Thru Atlantic Bonding Co., Ine.
8
ORIGINAL DOCUMENTS CHECKLIST & ROUT~G SLfI;;c... Lflt JD(
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 c... D 21
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA"'~
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
ex tion of the Chairman's si ature, draw a line thrall raolin lines # t throu #4, com lete the checklist, and fOlWard to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
List in routin order
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PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.
6, Minutes and Records
Clerk ofCourl's Office
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Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
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Phone Number
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Agenda Item Number
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Number of Original
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N/A (Not
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INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on I. >>I 0 (enter date) and all changes
made during the meeting have been incorporated in the attached document, The
Count Attorne 's Office has reviewed the chan es, if a licable.
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1: Forms! County Forms! Bee Fonus/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
February 27, 2008
To:
Tona Nelson
Sf. Administration Assistant
Parks & Rec. Department
From:
Ann Jennejohn, Sf. Deputy Clerk
Minutes & Records Department
Re:
Lease Agreement between Collier County and
the School District for property adjacent to
Elementary School K in Immokalee
Enclosed please find an original lease agreement, as referenced above
(Agenda Item #16D21), which was approved by the Board of County
Commissioners on Tuesday, January 29, 2008.
After Recording, the Minutes and Records Department will keep the other
original lease agreement as part of the Board's permanent record,
If you have any questions, please call me at 252-8406,
Thank you.
Enclosures (1)
16D21
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16D21
LEASE AGREEMENT
(Elementary School K)
This Lease Agreement ("Agreement"), entered into this 21- day of .fIJJJ u~ ' 2008, by
and between Collier County, a political subdivision of the State of Florida, (" ounty") and the
School District of Collier County, Florida (the "District"), together the "Parties", For good and
valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby agree and
contract as follows:
SECTION I - LEASED PREMISES,
1,01 The District shall lease to the County certain real property owned by the District and located
adjacent to Elementary School K in Immokalee, Florida, consisting of approximately 5,5
acres and more particularly described on Exhibit "A" ("Leased Premises").
SECTION II - TERM
2,0 I The District agrees to lease to the County and the County agrees to lease from District the
Leased Premises for a term of ten (10) years from the date of execution of this Agreement
by the District. The Parties recognize that they are providing needed public park facilities
under the terms of this Agreement and that they may desire to extend or renegotiate this
lease at its expiration, provided that the District does not need the Leased Premises for
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3.01
The District shall not charge any fees to County for the use of the Leased Premises except
for the cost of electricity arising from the County's use.
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SECTION IV - REPAIRS AND MAINTENANCE
4,01 The County shall be responsible for repairs and maintenance of all improvements and
facilities located on the Leased Premises with the exception of bathrooms, sidewalks and
basketball/tennis courts. Maintenance of the Leased Premises shall include, but not be
limited to, mowing, fertilizing, irrigating and turf repair and such maintenance shall be
scheduled in coordination with the Principal or designee, The District shall maintain and
repair the bathrooms, but the County shall clean-up the bathrooms after its uses, The
District and the County shall jointly maintain and repair (which shall include, but not be
limited to, the replacement of nets) the basketball/tennis courts and the irrigation well and
pump. All repair and maintenance shall be in accordance with County Park standards and/or
District, County, State and Federal legally required standards as appropriate and applicable,
4.02
The County shall have the right to replace or remove improvements and facilities on the
Leased Premises, provided that the District approves the replacement or removal in writing
and receives at least three (3) months notice of such a change. The County agrees to restore
the Leased Premises in the event of any such removal. The District's approval shall not be
unreasonably withheld with respect to any requests made by the County to replace or
remove the improvements or facilities located on the Leased Premises,
SECTION V - USE.
5.01 The District shall have priority use of all fields and facilities on Leased Premises during
regular school hours including, but not limited to, District after school programs, for special
school-related events or programs at times other than regular school hours, provided that
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such special events are scheduled in writing at least thirty (30) days in advance with the
Collier County Parks and Recreation Director or designee, The County shall have the right
to use the fields and facilities on the Leased Premises after regular school hours, and other
school programs and events, Monday through Friday until 10:00 p,m, and on weekends,
Saturday and Sunday and also days when school is not in session (e,g, holidays and summer
vacation) from the hours of 6:00 a,m, until 10:00 p.m. Use is restricted to recreational
activities as scheduled by the County which may include youth sports activities, The
County is responsible for providing any and all sports equipment and other equipment
required by after-hour users, The County is responsible for locking/unlocking gates,
bathrooms and other facilities at times when school staff is not scheduled for duty.
SECTION VI - SUPERVISION.
The County and the District shall each provide adequate personnel to supervise (and clean-
up after) the use of the facilities, including bathrooms, during their respective times of use of
the Leased Premises in a manner that promotes community health, public safety and proper
care and preservation of the public facilities,
SECTION VII - CAPITAL IMPROVEMENTS,
7.01 The County may construct capital improvements and install additional equipment to
improve the existing fields and facilities on the Leased Premises provided that such
improvements or additions are not in conflict with school use and are approved by the
District in writing and in accordance with the terms of this Agreement. The County shall be
solely responsible for any and all costs associated with such improvements or additions,
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The District shall have the right to review and approve, prior to construction, the plans,
specifications and location for the placement of all equipment, facilities, and capital
improvements upon the Leased Premises and such approval shall not unreasonably be
withheld.
7.02 Specifically, the County shall have the option of improving the Leased Premises with
lighting including, but not limited to, a transformer and separate meter to measure electricity
use (the "Project"), The County shall be responsible for designing, managing and funding
the construction of the Project. In accordance with the terms of this Agreement, the District
grants unto the County a temporary construction easement, including the right of entry, upon
the Leased Premises (and other District owned lands, as necessary) for the purpose of
performing the required activities to construct the Project. In exercising the temporary
construction easement, the County shall: minimize any and all disruptions of public school
operations to the extent reasonably possible; coordinate construction times with the District
project manager and/or the Principal; comply with all applicable laws and regulations; and
use diligent efforts to complete the Project in a timely manner. The temporary construction
easement shall automatically terminate upon the completion of the Project. In the event that
the District agrees to implement the Project (or any component part thereof), the District (1)
shall obtain approval for such work from the County and (2) shall be fully reimbursed by the
County for any and all costs associated with same,
4
16D21
SECTION VIII- FENCING AND GATES,
8.01 The District shall have sole discretion over the control, operation and location of all fences
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and gates located on the Leased Premises. The County shall be given access through all
gates necessary to use the Leased Premises in accordance with the terms of the Agreement
SECTION IX - SCHOOL ADDITIONS & PORTABLE CLASSROOMS.
The County acknowledges and agrees that the District shall have the right to build additions
and/or install portable classrooms or make other improvements and modifications on the
Leased Premises for school-related purposes. In the event that the District elects to make
such improvements, installations and/or modifications, the District shall notify the County
with at least ninety (90) days written notice and shall make reasonable efforts not to
adversely impact (or terminate) the County's use of the Leased Premises.
SECTION X - INDEMNIFICATION.
10.01 To the extent provided by law, each Party agrees to hold harmless, indemnify and defend the
other Party including its agents, officers, directors and employees for any and all claims,
losses, penalties, demands, judgments, costs of suits, including attorney's fees, for any
expense, damage or liability incurred, whether for personal injury, property damage, direct
or consequential damages, or economic loss arising directly or indirectly arising from or in
connection with the use of the Leased Premises under the terms of this Agreement, except
for such damage or liability which is caused solely by the negligence of the other Party, This
5
16D21
indemnification shall not be deemed a waiver of any limitation of liability to which either
Party may be entitled under Florida Statutes,
10,02 The County and the District shall maintain insurance coverage in the minimum amounts and
types as required under State law, The County and the District agree that either party may
be self-insured on the condition that all self-insurance(s) must comply with all State laws
and regulations,
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t.!:I 11,0 I The District or the County may, at any time, and for any reason, terminate this Agreement
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11.02 In the event the Agreement is terminated, the County shall have the right to remove any and
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all structures, improvements and equipment that it has constructed or installed upon the
Leased Premises upon forty-five (45) days of written notice to the District The County
agrees to restore the Leased Premises to its prior condition in the event of any such removal,
With respect to those capital improvements upon the Leased Premises that were paid for
solely by the County and are permanent and not removable, the District shall reimburse the
County for such improvements in accordance with their remaining depreciated value, The
reimbursement shall be made during the next budget year and shall be in the form of actual
cost of said capital improvements depreciated by ten percent (10%) per year from the date of
construction; however, no reimbursement payments shall be required of the District after the
improvements have been in use for twenty (20) years or more.
6
16D21
SECTION XII - ARBITRATION.
12,01 In the event that the Parties disagree regarding the interpretation of this Agreement, or the
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fulfillment of obligations required hereunder, either Party may request an appeal to the
Superintendent, or County Manager, as applicable. Should the problem not be resolved to
the mutual satisfaction of any Party, it shall be submitted at the request of either Party to
non-binding arbitration in front of a three person panel according to the rules of the
American Arbitration Association.
SECTION XIII - ASSIGNABILITY.
The Parties shall not assign any interest in this Agreement without the prior written consent
of the other,
SECTION XIV - AMENDMENT,
This Agreement embodies the entire Agreement between the Parties and may not be
modified unless in writing, executed by both Parties.
SECTION XV - CHOICE OF LAW.
15,01 This Agreement shall be interpreted in accordance with the laws of the State of Florida, It is
recognized that all Parties hereto have contributed substantially and materially to the
negotiations and preparation of this Agreement, and that the Agreement shall not be
interpreted more harshly against one party by virtue of its preparation,
SECTION XVI - SEVERABILITY,
16,01 In the event that any provision of this Agreement is held to be illegal, invalid or
7
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unenforceable under present or future laws, such provision shall be fully severable. This
Agreement shall be construed and enforced as if such illegal or enforceable provision had
never compromised a part of this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect
SECTION XVII - EFFECTIVE DATE.
The Effective Date of this Agreement shall be the date that the last signature as set forth
below, However, the term for the Leased Premises shall begin to run from the date that the
District signs this Agreement
SECTION XVIII - PAYMENT
Payments will be made upon receipt of a proper invoice and in compliance with Section
218,70, Fla. Stat., otherwise known as the "Florida Prompt Payment Act"
SECTION XIX- MISCELANEOUS
19,01 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the District and the County,
19,02 The prevailing party in any action, or in any ancillary proceeding or an appeal, to enforce or
interpret any of the terms or provisions of this Agreement shall be entitled, in addition to
damages, injunctive relief or other relief, to recover from the other party all costs including,
without limitation, costs and expenses oflitigation and reasonable attorneys' fees.
19.03 The captions and section nmbers used in this Agreement are for purposes of convenience
and for reference only and shall not be used to define, limit or extend the scope or meaning
of any part of this Agreement
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19.04 Whenever in this Agreement a party is or may be called upon to give its consent or approval
to any action, said consent shall not be unreasonably withheld or delayed.
19.05 The Parties hereto agree to promptly sign all documents reasonably required to give effect to
the provisions of this Agreement.
19,06 This Agreement shall be construed and enforced in accordance with the laws of the State of
Florida,
19.07 Any alteration, change or modification of or to this Agreement, in order to become effective,
shall be made in writing and in each instance signed on behalf of each Party,
19,08 Nothing contained in this Agreement shall be deemed or construed, either by the Parties
hereto or by any third party, to create the relationship of principal and agent, or create any
partnership, joint venture or other association between the Parties,
19,09 In the event of default by a party hereto in its respective obligations hereunder, the non-
defaulting party shall have all remedies available to it at law or in equity,
19,10 In the event any provision of this Agreement is held to be illegal, invalid or unenforceable
under present or future laws, such provision shall be fully severable; this Agreement shall be
construed and enforced as if such illegal or unenforceable provision had never comprised a
part of this Agreement, and the remaining provisions of this Agreement shall remain in full
force and effect.
19.11 Each Party hereby represents and warrants to the other that the execution of this Agreement
and any other documents required or necessary to be executed pursuant to the provisions
hereof are valid, binding obligations and are enforceable in accordance with their terms.
9
16021
SECTION XX-NOTICE.
20.01 Any notice required to be made under this Agreement shall be made in writing and either
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hand delivered or delivered by overnight courier or facsimile transmission, or sent by
registered or certified mail, return receipt requested, and addressed to the following: School
District of Collier County, c/o Chief Operational Officer, 5775 Osceola Trail, Naples,
Florida 34109; Collier County, c/o County Manager, 3301 East Tamiami Trail,
Administrative Building, Naples, Florida, 34112,
SECTION XXI - BINDING ON THE PARTIES,
Each Party hereby represents and warrants to the other that the execution of this Agreement
and any other documents required or necessary to be executed pursuant to the provisions
hereof are valid, binding obligations and are enforceable in accordance with their terms,
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IN WITNESS WHEREOF, the Parties hereto have caused the Agreement to be executed by their
appropriate officials, as of the date first above written,
ATTEST:
DWIGHT E, BROCK, Clerk
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By:
AtttPtrw &i
.1Q1latlll"tCMll.
ficiency:
Attest~/
DENNIS L THOMPSON, uperintendent
School Board Attorney Approval:
By: t?I JtlIIt
, Aichard W. Withers
Date: ~G~Y'\" C Y ) e;. ').-O()7
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BOARD OJV;OUNT . COMMISSIONERS,
COLLIEF!::OUN LORIDA.
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By:_, -
JI~l COLETTL'\' CHairman
Tom Henning, Chairman
THE SCHOOL DISTRICT OF COLLIER
COUN, , ' TY/:FLORIDA~
By: ~)l(/J ~
LIN't5A BBOTT, Chair
11
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ORIGINAL DOCUMENTS CHECKLIST & ROUTiNG SLIP' .
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT lj> L n, 2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG.IOJBfZ:.
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office The completed routing slip and original
documents afC to be torwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exec tion of the Chairman's si ature, dmw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
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PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the Bee office only after the BCe has acted to approve the
item.
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5. Sue Filson, Executive anager
6, Minutes and Records
Clerk of Court's Office
I: Forms! County Formsl BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Name of Primary Staff
Contact
Agenda Date Item was
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Type of Document
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Agenda Item Number
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INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a TO nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the e.xception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval ofthe
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on I. 2.f <) (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Omce has reviewed the chan es, if a licable.
2.
3,
4,
5.
6.
MEMORANDUM
Date:
February 27,2008
To:
Tona Nelson
Sf, Administration Assistant
Parks & Rec, Department
From:
Ann Jennejohn, Sf, Deputy Clerk
Minutes & Records Department
Re:
Lease Agreement between Collier County and
the School District for property adjacent to
Elementary School J in Immokalee
Enclosed please find an original lease agreement, as referenced above
(Agenda Item #16D22), which was approved by the Board of County
Commissioners on Tuesday, January 29, 2008.
After Recording, the Minutes and Records Department will keep the other
original lease agreement as part of the Board's permanent record,
If you have any questions, please call me at 252-8406.
Thank you,
Enclosures (I)
16D22
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16D22
LEASE AGREEMENT
(Elementary School J)
This Lease Agreement ("Agreement"), entered into this ~ day of JA NU IJl,I/ , 2008, by
/
and between Collier County, a political subdivision of the State of Florida, ("County") and the
School District of Collier County, Florida (the "District"), together the "Parties", For good and
valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby agree and
contract as follows:
SECTION I - LEASED PREMISES,
LOI
The District shall lease to the County certain real property owned by the District and located
adjacent to Elementary School J in Naples, Florida, consisting of approximately 3 acres and
more particularly described on Exhibit "A" ("Leased Premises"),
SECTION II - TERM
2,01
The District agrees to lease to the County and the County agrees to lease from District the
Leased Premises for a term often (10) years from the date of execution of this Agreement
by the District The Parties recognize that they are providing needed public park facilities
under the terms of this Agreement and that they may desire to extend or renegotiate this
lease at its expiration, provided that the District does not need the Leased Premises for
educational uses and/or programs,
SECTION III - CONSIDERATION,
3,01
The District shall not charge any fees to County for the use ofthe Leased Premises except
for the cost of electricity arising from the County's use.
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SECTION IV - REPAIRS AND MAINTENANCE
4.01 The County shall be responsible for repairs and maintenance of all improvements and
facilities located on the Leased Premises with the exception of bathrooms, sidewalks and
basketbaIIltennis courts, Maintenance of the Leased Premises shall include, but not be
limited to, mowing, fertilizing, irrigating and turf repair and such maintenance shall be
scheduled in coordination with the Principal or designee. The District shall maintain and
repair the bathrooms, but the County shall clean-up the bathrooms after its uses, The
District and the County shall jointly maintain and repair (which shall include, but not be
limited to, the replacement of nets) the basketball/tennis courts and the irrigation well and
pump. All repair and maintenance shall be in accordance with County Park standards and/or
District, County, State and Federal legally required standards as appropriate and applicable.
4,02 The County shall have the right to replace or remove improvements and facilities on the
Leased Premises, provided that the District approves the replacement or removal in writing
and receives at least three (3) months notice of such a change, The County agrees to restore
the Leased Premises in the event of any such removal. The District's approval shall not be
unreasonably withheld with respect to any requests made by the County to replace or
remove the improvements or facilities located on the Leased Premises,
SECTION V - USE.
5.01 The District shall have priority use of all fields and facilities on Leased Premises during
regular school hours including, but not limited to, District after school programs, for special
school-related events or programs at times other than regular school hours, provided that
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such special events are scheduled in writing at least thirty (30) days in advance with the
Collier County Parks and Recreation Director or designee, The County shall have the right
to use the fields and facilities on the Leased Premises after regular school hours, and other
school programs and events, Monday through Friday until 10:00 p,m, and on weekends,
Saturday and Sunday and also days when school is not in session (e,g, holidays and summer
vacation) from the hours of 6:00 a.m. until 10:00 p,m. Use is restricted to recreational
activities as scheduled by the County which may include youth sports activities. The
County is responsible for providing any and all sports equipment and other equipment
required by after-hour users. The County is responsible for locking/unlocking gates,
bathrooms and other facilities at times when school staff is not scheduled for duty,
SECTION VI - SUPERVISION,
6,01 The County and the District shall each provide adequate personnel to supervise (and clean-
up after) the use of the facilities, including bathrooms, during their respective times of use of
the Leased Premises in a manner that promotes community health, public safety and proper
care and preservation of the public facilities,
SECTION VII - CAPITAL IMPROVEMENTS.
7,01 The County may construct capital improvements and install additional equipment to
improve the existing fields and facilities on the Leased Premises provided that such
improvements or additions are not in conflict with school use and are approved by the
District in writing and in accordance with the terms of this Agreement The County shall be
solely responsible for any and all costs associated with such improvements or additions,
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The District shall have the right to review and approve, prior to construction, the plans,
specifications and location for the placement of all equipment, facilities, and capital
improvements upon the Leased Premises and such approval shall not unreasonably be
withheld,
7,02 Specifically, the County shall have the option of improving the Leased Premises with
lighting including, but not limited to, a transformer and separate meter to measure electricity
use (the "Project"), The County shall be responsible for designing, managing and funding
the construction of the Project In accordance with the terms of this Agreement, the District
grants unto the County a temporary construction easement, including the right of entry, upon
the Leased Premises (and other District owned lands, as necessary) for the purpose of
performing the required activities to construct the Project In exercising the temporary
construction easement, the County shall: minimize any and all disruptions of public school
operations to the extent reasonably possible; coordinate construction times with the District
project manager and/or the Principal; comply with all applicable laws and regulations; and
use diligent efforts to complete the Project in a timely manner. The temporary construction
easement shall automatically terminate upon the completion of the Project In the event that
the District agrees to implement the Project (or any component part thereof), the District (I)
shall obtain approval for such work from the County and (2) shall be fully reimbursed by the
County for any and all costs associated with same,
4
16022
SECTION VIII - FENCING AND GATES,
8,01 The District shall have sole discretion over the control, operation and location of all fences
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and gates located on the Leased Premises. The County shall be given access through all
gates necessary to use the Leased Premises in accordance with the terms of the Agreement
SECTION IX - SCHOOL ADDITIONS & PORTABLE CLASSROOMS,
The County acknowledges and agrees that the District shall have the right to build additions
and/or install portable classrooms or make other improvements and modifications on the
Leased Premises for school-related purposes, In the event that the District elects to make
such improvements, installations and/or modifications, the District shall notify the County
with at least ninety (90) days written notice and shall make reasonable efforts not to
adversely impact (or terminate) the County's use of the Leased Premises.
SECTION X - INDEMNIFICATION.
10.01 To the extent provided by law, each Party agrees to hold hannless, indemnify and defend the
other Party including its agents, officers, directors and employees for any and all claims,
losses, penalties, demands, judgments, costs of suits, including attorney's fees, for any
expense, damage or liability incurred, whether for personal injury, property damage, direct
or consequential damages, or economic loss arising directly or indirectly arising from or in
connection with the use of the Leased Premises under the terms of this Agreement, except
for such damage or liability which is caused solely by the negligence of the other Party. This
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16022
indemnification shall not be deemed a waiver of any limitation of liability to which either
Party may be entitled under Florida Statutes.
10,02 The County and the District shall maintain insurance coverage in the minimwn amounts and
types as required under State law. The County and the District agree that either party may
be self-insured on the condition that all self-insurance(s) must comply with all State laws
and regulations,
SECTION XI - TERMINATION,
11.01 The District or the County may, at any time, and for any reason, terminate this Agreement
upon ninety (90) days written notice to the other Party,
I I ,02 In the event the Agreement is terminated, the County shall have the right to remove any and
all structures, improvements and equipment that it has constructed or installed upon the
Leased Premises upon forty-five (45) days of written notice to the District The County
agrees to restore the Leased Premises to its prior condition in the event of any such removal.
With respect to those capital improvements upon the Leased Premises that were paid for
solely by the County and are permanent and not removable, the District shall reimburse the
County for such improvements in accordance with their remaining depreciated value, The
reimbursement shall be made during the next budget year and shall be in the form of actual
cost of said capital improvements depreciated by ten percent (10%) per year from the date of
construction; however, no reimbursement payments shall be required of the District after the
improvements have been in use for twenty (20) years or more,
6
16022
SECTION XII - ARBITRATION,
12,01 In the event that the Parties disagree regarding the interpretation of this Agreement, or the
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fulfillment of obligations required hereunder, either Party may request an appeal to the
Superintendent, or County Manager, as applicable, Should the problem not be resolved to
the mutual satisfaction of any Party, it shall be submitted at the request of either Party to
non-binding arbitration in front of a three person panel according to the rules of the
American Arbitration Association.
SECTION XIII - ASSIGNABILITY
The Parties shall not assign any interest in this Agreement without the prior written consent
of the other.
SECTION XIV - AMENDMENT.
This Agreement embodies the entire Agreement between the Parties and may not be
modified unless in writing, executed by both Parties,
SECTION XV - CHOICE OF LAW,
15.0 I This Agreement shall be interpreted in accordance with the laws of the State of Florida, It is
recognized that all Parties hereto have contributed substantially and materially to the
negotiations and preparation of this Agreement, and that the Agreement shall not be
interpreted more harshly against one party by virtue of its preparation.
SECTION XVI - SEVERABILITY,
16,0 I In the event that any provision of this Agreement is held to be illegal, invalid or
7
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16D22
unenforceable under present or future laws, such provision shall be fully severable. This
Agreement shall be construed and enforced as if such illegal or enforceable provision had
never compromised a part of this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
SECTION XVII - EFFECTIVE DATE,
The Effective Date of this Agreement shall be the date that the last signature as set forth
below. However, the term for the Leased Premises shall begin to run from the date that the
District signs this Agreement
SECTION XVIII - PAYMENT
Payments will be made upon receipt of a proper invoice and in compliance with Section
218,70, Fla, Stat., otherwise known as the "Florida Prompt Payment Act."
SECTION XIX- MISCELANEOUS
19.01 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the District and the County,
19,02 The prevailing party in any action, or in any ancillary proceeding or an appeal, to enforce or
interpret any of the terms or provisions of this Agreement shall be entitled, in addition to
damages, injunctive relief or other relief, to recover from the other party all costs including,
without limitation, costs and expenses oflitigation and reasonable attorneys' fees,
19.03 The captions and section numbers used in this Agreement are for purposes of convenience
and for reference only and shall not be used to define, limit or extend the scope or meaning
of any part of this Agreement.
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19.04 Whenever in this Agreement a party is or may be called upon to give its consent or approval
to any action, said consent shall not be unreasonably withheld or delayed,
19.05 The Parties hereto agree to promptly sign all documents reasonably required to give effect to
the provisions of this Agreement.
19.06 This Agreement shall be construed and enforced in accordance with the laws of the State of
Florida,
19,07 Any alteration, change or modification of or to this Agreement, in order to become effective,
shall be made in writing and in each instance signed on behalf of each Party,
19,08 Nothing contained in this Agreement shall be deemed or construed, either by the Parties
hereto or by any third party, to create the relationship of principal and agent, or create any
partnership, joint venture or other association between the Parties.
19.09 In the event of default by a party hereto in its respective obligations hereunder, the non-
defaulting party shall have all remedies available to it at law or in equity,
19, lOIn the event any provision of this Agreement is held to be illegal, invalid or unenforceable
under present or future laws, such provision shall be fully severable; this Agreement shall be
construed and enforced as if such illegal or unenforceable provision had never comprised a
part of this Agreement, and the remaining provisions of this Agreement shall remain in full
force and effect.
19, II Each Party hereby represents and warrants to the other that the execution of this Agreement
and any other documents required or necessary to be executed pursuant to the provisions
hereof are valid, binding obligations and are enforceable in accordance with their terms.
9
16D22
SECTION XX-NOTICE.
20.01 Any notice required to be made under this Agreement shall be made in writing and either
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hand delivered or delivered by overnight courier or facsimile transmission, or sent by
registered or certified mail, return receipt requested, and addressed to the following: School
District of Collier County, c/o Chief Operational Officer, 5775 Osceola Trail, Naples,
Florida 34109; Collier County, c/o County Manager, 3301 East Tamiami Trail,
Administrative Building, Naples, Florida, 34112,
SECTION XXI - BINDING ON THE PARTIES,
Each Party hereby represents and warrants to the other that the execution of this Agreement
and any other documents required or necessary to be executed pursuant to the provisions
hereof are valid, binding obligations and are enforceable in accordance with their terms,
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IN WITNESS WHEREOF, the Parties hereto have caused the Agreement to be executed by their
appropriate officials, as of the date first above written,
ATTEST:
DWIGHT E. BROCK, Clerk
By:
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Attest'
DENNIS L. THOMPSO , uperintendent
Scho~ A~omey Approval:
By: ~IIJrf ~
~ard W Withers
Date: ernbe-r Jc; ;)001
,
BOARD OF COUNTY COMMISSIONERS,
COLLIER C TY, RIDA.
By:
.
Tom Henning, Chairman
THE SCHOOL DISTRICT OF COLLIER
COUNTY, FLORIDA a
By: ,~cu !(~
LINDA A BOTT, Chair
II
16D22
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LAND USE: GOI nFN iGATF FSTATFS
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GATE I
MOAD
16D22
MEMORANDUM
Date:
March 5, 2008
To:
Tona Nelson
Sf, Administration Assistant
Parks & Rec, Department
From:
Ann Jennejohn, Sf, Deputy Clerk
Minutes & Records Department
Re:
Lease Agreements between Collier County and
the School District for property adjacent to
Elementary Schools J & Kin Immokalee
Enclosed please find two recorded copies of the above mentioned items
(Agenda Items #16D21 & #16D22), which were approved by the Board of
County Commissioners on Tuesday, January 29, 2008.
The Minutes and Records Department has kept the original lease agreements as
part of the Board's permanent record,
If you have any questions, please call me at 252-8406,
Thank you,
Enclosures (2)
16E 1
MEMORANDUM
DATE:
May 1, 2008
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Martha Vergara, Deputy Clerk
Minutes and Records Department
RE:
Contract #07-4148:
"Security Services and Equipment"
Contractor: Johnson Controls, Inc.
Enclosed please find three (3) original contracts, as referenced above
(Agenda ltem#16El) approved by the Board of County Commissioners on
Tuesday, January 29, 2008.
An original has been retained in the Minutes and Records Department.
If you should have any questions, you may contact me at 252-7240.
Thank you,
Enclosures (3)
l'
16E
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ollie..:. The completed routing slip and original
documents are to be fOlwurded to the fioard Office only after the Board has taken action on the item)
ROUTING SLIP
Complete routing Jines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chaimlan's signature, draw a line throue:h routing lines #1 thrOLlgh #4, comolctc the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. '-- ---
-.--...------
2_ ._.._,.. no._~__,,__.._... -r.--.--.--__ m_m.._". ---
-----.--.----.--......-..---.--...- - <.-"".-...,.
3_ ---- f----- -~_.__.._- ---.--....
.---.-. .------..-.- -----.-<----.-..-.---.---- -- ._.__..---~._.._.- - --~.
4_ Colleen M_ Greene, ACA County Attorney '-I hu/ox
(I /vi (i-
S_ Sue Filson, Executive Manager Board of County Commissioners
6_ Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder ofthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be dclivcn:d to the Bee offke only after the Bee has acted to approve the
item.)
Name of Primary Staff LynM_ Wood Phone Number 252-2667
Contact
Agenda Date Item was January 29. 2008 Agenda Item Number 16-E-1
Aooroved bv the BCC
Type of Document Agreement for Security Services & Number of Original 5
Attached Equipment (Contract #07-4148) Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate.
L
Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the
Chainnan, with the exception of most letters, must be rcviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the
County Attorney's Office and signature pages from contracts, agreements. etc. that have been fully
executed by all parties except the BCe Chairman and Clerk to the Board and possibly State
Officials_
All handwritten strike~through and revisions have been initialed by the County Attorney's Office and
all other artics exce t the BCe Chainnan and the Clerk to the Board
The Chainnan's signature line date has been entered as the date of Bee approval of the document or
the final oe otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and
initials are required.
In most cases (some contracts are an exception), the original document and this routing slip should be
provided to Sue Filson in the Bee office within 24 hours ofBCC approval. Some documents are
time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions
are nullified. Be aware of our deadlines!
The document was approved by the Bee on 01129/08 and all changes made during the meeting
have been incorporated in the attached document. The County Attorney's Off1ce has reviewed
the chan es if a Hcable.
Please return an 3 executed ori inals to L n M. Wood
Yes
(Initial)
CMG
N/A (Not
A Iicable
2.
3_
4.
5_
6_
7_
N/A
CMG
CMG
N/A
CMG
CMG
I: Forms/ County Forms/ Bce Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
((matter _ numbem/ ((document._ numbem
A G R E E MEN T #07-4148
16E
1~
for
Security Services & Eauipment
THIS AGREEMENT is made and entered into this 29th day of January, 2008, by and between the
Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and Johnson Controls, Inc., authorized to
do business in the State of Florida, whose business address is 5757 N. Green Bay Avenue, P.O. Box
591, Milwaukee, Wisconsin 53201-0591 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a two (2) year period, commencing on the date of
award by the Board of County Commissioners and terminating two (2) years after that date or until
such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement
period have been completed. This contract shall have two (2) one (1) year renewals, renewable
annually. The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred eighty
(180) days. The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend or renew the Agreement term not less than ten (10) days prior to the
end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed one (1) firm to be pre-
qualified and awarded a Contract to Contractor. The awardee will enter into an Agreement to
provide complete security services and equipment on an as-needed basis as may be required by
the Owner in accordance with the terms and conditions of RFP #07-4148 and the Contractor's
proposal, which are incorporated by reference and made an integral part of this Agreement. The
execution of this Agreement shall not be a commitment to the Contractor that any work will be
awarded to the Contractor.
The Rate Schedule, attached hereto as Exhibit A and incorporated herein by reference, will be
considered part of this Agreement.
Subject to any and all security interests, lien rights, or other rights or remedies available to the
Contractor by law or pursuant to applicable contract documents, for the purposes of this
Agreement, ownership to and title in any and all equipment, materials, items or devices installed
by the Contractor in a County facility shall pass to the County upon the acceptance by the County
of said equipment, materials, items, or devices in the County Facility.
The Contractor shall provide to the County all record drawings, operating instructions, and
maintenance procedures for all equipment and control systems installed under this Agreement.
For projects performed by the Contractor directly or indirectly for the County, the performance of
the work shall be subject to and governed by the terms and conditions of this Agreement.
In each Request for Quotation, the Owner reserves the right to specify the period of completion,
retainage and/or the collection of liquidated damages in the event of late completion.
Page -1-
16E 1
Any County agency may purchase products and services under this Contract, provided
sufficient funds are included in their budget(s).
3. COMPENSATION: The County shall pay the Contractor for the performance of this Agreement
following any of the three (3) following payment methods.
A. Routine maintenance services under three thousand dollars ($3,000) shall be paid on a time
and material basis, plus applicable markup, plus any other charges or fees submitted in a
proposal. Time, material and markup shall be in accordance with the rate schedule in Exhibit
A.
Emergency services may not be subject to the three thousand dollars ($3,000) limit and shall
be paid on a time and material plus markup basis.
B. For construction (new work), retrofit projects and routine maintenance services that exceed
three thousand dollars ($3,000), the Contractor shall submit a "Not to Exceed" time and
material proposal or a lump sum proposal based on the rates in Exhibit A. The County shall
pay the Contractor for the performance of work outlined in the proposal, as accepted and
approved by the appropriate Department Director, or his designee.
All departmental requests for services shall be paid upon completion or partial completion of
the work tasks accepted and approved by the appropriate Department Director, or his
designee, pursuant to the Contractor's proposal and schedule included in each "Not to
Exceed" time and material or lump sum proposal(s) for that department
C. Payments for maintenance service contracts shall be paid according to the terms of each
maintenance contract as mutually agreed upon by Contractor and approved by the Director of
Facilities Management, or his designee
Any proposal in excess of two hundred thousand dollars ($200,000.00) shall require approval of
the Board of County Commissioners.
The Rate Schedule, attached hereto as Exhibit A, may be updated by mutual agreement upon
renewal of the Agreement in 2010.
Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70,
Florida Statutes, otherwise known as the "Florida Prompt Payment Act". The Director of Facilities
Management, or his designee, reserves the right to audit any invoice.
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, fax, e-mail, or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following Contractor's address of record:
Page -2-
16E
I'"
Johnson Controls, Inc.
5757 N. Green Bay Avenue
P.O. Box 591
Milwaukee, Wisconsin 53201-0591
Attention: Darrell Lloyd, Southeast Vice President and General Manager - Systems
Telephone: 414-524-1200
Facsimile: 414-524-2007
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, fax, e-mail, or by United States Postal
Service Department, first class mail service, postage prepaid, addressed to the following County's
address of record:
Collier County Government Complex
Purchasing Department - Building G
3301 Tamiami Trail East
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-252-6584
The Contractor and the County may change the above mailing addresses at any time upon giving
the other party written notification. All notices under this Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
Page -3-
16E
1",1
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liabilitv: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include
Employers' Liability with a minimum limit of $500,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30)
day notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the
performance of this Agreement. This indemnification obligation shall not be construed to
Page -4-
16E
'0"""
1
negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
12. THIS AGREEMENT shall be administered on behalf of the County by the Facilities
Management Department.
13. COMPONENT PARTS OF THIS AGREEMENT: This Agreement consists of the following
component parts, all of which are as fully a part of this Agreement as if herein set out verbatim:
RFP #07-4148 Specifications/Scope of Work, Contractor's Proposal, Certificate of Insurance,
and Exhibit A, Rate Schedule,
14. SUBJECT TO APPROPRIATION: It is further understood and agreed by and between the
parties hereto that this Agreement is subject to appropriation by the Board of County
Commissioners.
15. PAYMENTS WITHHELD: Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the
whole or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or
reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make
payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable
indication that the Work will not be completed within the Contract Time; (f) unsatisfactory
prosecution of the Work by the Contractor; or (g) any other material breach of the Contract
Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Owner also may offset against
any sums due Contractor the amount of any liquidated or unliquidated obligations of
Contractor to Owner, whether relating to or arising out of this Agreement or any other
agreement between Contractor and Owner.
16. ADDITIONAL ITEMS/ERVICES Additional items and/or services may be added to this contract
upon satisfactory negotiation of price by the Contract Manager and Vendor.
17. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any work under this Agreement and Contractor
shall diligently pursue the completion of the work and coordinate the work being done on any
project by its subcontractors and materialmen, as well as coordinating its work with all work of
others at the project site, so that its work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as
Page -5-
16E 1
coordination of all portions of the work under this Agreement, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the performance time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early compietion, as weil as to claims based on late completion.
18. CHANGES IN THE WORK: Owner shall have the right at any time during the progress of the
work to increase or decrease the work. Promptiy after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally.
Any such changes in the work will be evidenced by a proposal from the Contractor and a
purchase order modification issued by the County.
19. COMPLIANCE WITH LAWS: Contractor agrees to comply, at its own expense, with all federal,
state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes). If Contractor observes that the work to be performed
under this Agreement are at variance therewith, it shall promptly notify Owner in writing.
20. CLEAN UP: Contractor agrees to keep the project site clean at all times of debris, rubbish and
waste materials arising out of the work. At the completion of the work, Contractor shall remove
all debris, rubbish and waste materials from and about the project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
project site clean and ready for occupancy by Owner.
21. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
Page -6-
161:
1'"'"
22. WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the project. Contractor warrants to Owner that any materials
and equipment furnished under this Agreement shall be new unless otherwise specified, and
that all work shall be of good quality, free from all defects and in conformance with this
Agreement.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in this Agreement.
If, within one (1) year after final completion, any work is found to be defective or not in
conformance with this Agreement, Contractor shall correct it promptly after receipt of written
notice from Owner. Contractor shall also be responsible for and pay for replacement or repair
of adjacent materials or work which may be damaged as a result of such replacement or
repair. These warranties are in addition to those implied warranties to which Owner is entitled
as a matter of law.
23. EMPLOYEES: The Contractor shall employ people to work at the Owner's facilities who are
neat, clean, well groomed and courteous.
24. BACKGROUND CHECKS: Contractor shall be responsible for the costs of providing
background checks for all employees that shall provide services to the County under this
contract. This may include, but not be limited to: checking federal, state and local law-
enforcement records, including a state and FBI fingerprint check, credit reports, education,
residence and employment verifications and other related records. The results of these checks
will be kept on file by the Collier County Security Section until the total completion of the
project.
25. EMPLOYEE IDENTIFICATION: All employees must wear Collier County Government
identification badges at all times while performing services on County facilities.
26. TESTS AND INSPECTIONS: If this Agreement or any codes, laws, ordinances, rules or
regulations of any public authority having jurisdiction over the project requires any portion of
the work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
27. PROTECTION OF WORK:
A. Contractor shall fully protect the work from loss or damage and shall bear the cost of
any such loss or damage until final payment has been made. If Contractor or anyone for
whom Contractor is legally liable is responsible for any loss or damage to the work, or other
work or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted from
any amounts due Contractor.
Page -7-
16E 1
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to
the project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
28. EMERGENCIES. In the event of any emergency affecting the safety or protection of
person(s) or the work or property at the project site or adjacent thereto, Contractor, without
special instruction or authorization from Owner is obligated to act to prevent threatened
damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48)
hours after the occurrence of the emergency, if Contractor believes that any significant
changes in the work or variations from this Agreement have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a purchase order modification shall be issued to
document the consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Agreement amount or an extension to the Contract Time.
29. COMPLETION. When the entire work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire work (or
such designated portion) is substantially complete. Within a reasonable time thereafter,
Owner and Contractor shall make an inspection of the' work (or designated portion thereof) to
determine the status of completion. If Owner does not consider the work (or designated
portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons
therefor.
Owner reserves the right to inspect the work and make an independent determination as to
the acceptability of the work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
30. LIQUIDATED DAMAGES. The "Commencement Date" shall be established by the issuance of
a purchase order by the Owner. Contractor shall commence the work within five (5) calendar
days from the Commencement Date. No work shall be performed at the project site prior to
the Commencement Date. Any work performed by Contractor prior to the Commencement
Date shall be at the sole risk of Contractor.
The work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
this Agreement, so Owner can occupy or utilize the work (or designated portions thereof) for
the use for which it is intended. The work shall reach final completion and be ready for final
acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the work is not substantially completed within the
Page -8-
16E
1 "
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
Contractor hereby expressly waives and relinquishes any right which it may have to seek to
characterize the above noted liquidated damages as a penalty, which the parties agree
represents a fair and reasonable estimate of the Owner's actual damages at the time of
contracting if Contractor fails to substantially complete the work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
31. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, ioan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision
may result in one or more of the following consequences: a. Prohibition by the individual, firm,
and/or any employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/or firm for cause.
32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
33. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful Contractor extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the successful
Contractor.
35. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in
effect.
Page -9-
16E
1"~
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwi ht E,. Brbck, Clerk of Courts
<',', '. l
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
.
Tom
Dated::
Attu as(tio
s 19n4'tl_"clftl~~'
"'
Johnson Controls, Inc.
Contractor
By: ~o..'"<..~<;> 'r
...c Signature
~~
First Witness
C. .o..\\~ ~o,\t,<<
Type/Print Witness Name
~~-~
Second Witness
:00 u (;, (~ A 9-.,1'"0 ~
Typed Signature
~AAI-Jc..~ M.c.e., +.,s. WTI.\ r\..
Title
3ot-t10 K. ~ \ , \ t rL
Type/Print Witness Name
Approved as to form and
legal sufficiency:
e~/11~
Assistant County Attorney
&JI/eefl M. (5yeer~
Print Name
Page -10-
16E
1
'"l.lj
.
.
.
Exhibit A
Cost of Services to the County
This section should include a rate schedule for any personnel that the proposer intends to use under this
contract
Exhibit "A" to the Security System RI
Prices Effective October 1, 2007 through September 31, 2010
Collier County Security Services RFP # 07-4148
Johnson Controls Inc.
Services Category
Construction Personal
Application Engineer
Clerical
Design
Material Handling
Hourly/Rate/Markup
$95.00
$55.00
$55.00
$55.00
$0.45
$129.00
$102.00
$102.00
1.5 Standard Rate
Mileage
Project Manager
Lead Systems Support (LSS)
System Representative
Overtime
HV AC Service Personal
Clerical
Materiai Handling
Reimbursed at Cty
Rate
Mileage
P.M. Inspector
Project Manager
Lead Systems Support (LSS)
Service Mechanic
Service Technician
Overtime
Reimbursed at Cty
Rate
$55.00
$55.00
$0.45
N/A
$129.00
$102.00
$86.00
$102.00
1.5 Standard Rate
After Hours 4 Hour
Min
Trip Charge I On Call
Fire & Security Services
Clerical
Material Handling
$55.00
$55.00
$0.45
Mileage
P.M Inspector
Project Manager
Lead Systems Support (LSS)
Service Mechanic
Service Technician
Overtime
Reimbursed at Cty
Rate
N/A
$129.00
$102.00
N/A
Trip Charge I On Call
$102.00
1.5 Standard Rate
After Hours 4 Hour
Min
The list is
categories
negotlated
Johnson ~j(
Controls
not intended to be all-inclusive. Hourly rate fees for other
of professional,support and, services shall be mutually
by the County and tlrm on a proJect by proJect baSIS.
Co~r County
~
16r:
l'
.
.
.
Subcontractor
Parts
Overhead
Profit
Freight
Subcontracted Services (includes communications Systems
and other services provided through
subcontractors) JCI + 10%
Non - Johnson Controls Inc.
Catalogued Products Vendor Quote + 10%
In House Materials
Discounts
Outside Vendor Materials
List + Tax + Freight
List X .5
Cost + 30%
T alai project + 10%
T alai project plus
15%
Cost of freight delivery, from the factory to its final destination,
will be calculated on a Job by job basis.
Johnson ~j(,
Controls
eo1tr County
- --.- --
lClB_'NoILo""J 6 t
1
'1
DATE
MARSH USA INC. CERTIFICATE OF INSURANCE 11/27/2007
PRODUCER - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGIiTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
Marsh USA Inc. POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
411 East Wisconsin Avenue AFFORDED BY THE POLICIES DESCRIBED HEREIN
Suite 1600 ... .... .....
Milwaukee. Wisconsin 53202-4419 COMPANIES AFFORDING COVERAGE (MofotlDoW7)
Attn: CPU. Phone (414) 290-4912 Fax (414) 290-4953 .See Below
CPU_Mllwaukee@marsh.com Company ACE American Insurance Company A+XV
A P.O. Box41484, Philadelphia, PA 19101
INSURED Company Sentry Insurance A Mutual Co.
Johnson Controls, Inc. Attn: Corp. Risk Mgmt. X-92 B 1800 North Point Drive, Stevens Point, WI 54481 A+XV
Johnson Controls Battery Group, Inc. P.O. Box 591
Johnson Controls Interiors, LLC. Milwaukee, WI 53201 Company Indemnity Insurance Company of North America
Cal-Air, Inc. e and for CA. WI and EX WC : ACE A+XV
GES America, LLC. American Insurance Company
Optima Batteries, Inc. P.O. Box 41484, Phila~~i~, PA 19101
USI Companies Inc. Company Lexington Insurance Company
York International Corporation 0 100 Summer Street, Boston, MA02110 A+XV
COVERAGES This certificate suoersedes and reolaces any oreviousJv issued certificate.
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POUCY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES, L1MITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co POLICY EFFECTIVE POLICY EXPlRAll0N
LT TYPE OF INSURANCE POUCY NUMBER DATE fMMlDDffY} DATE CUlIlDDNY) UMITS
R
A GENERAL lIABIUTY(1) (3)(4) GENERAL AGGREGATE $ 5,000,000
~ HDOG2373283A 10-1-2007 10-1-2008
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIQP AGG $ 5,000,000
I CLAIMS MADE ~ OCCUR , PERSONAL & ADV INJURY $ 5.000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 5,000,000
X Contractual FIRE DAMAGE (Anv one lire) $ 5,000,000
X X,C.U (Explosion, CoH8p5lI, Ulldergrourn!)
X Addilional Insured-Owners Lessees or $ 50,000
Contractors 6ee Below MED EXP (Anyone person)
B AUTOMOBILE LIABILITY j2) (3) (4)
X ANY AUTO 90-04806-01 10-1-2007 10-1-2008 COMBINED SINGLE LIMIT $ 5,000,000
~
ALL OVVNED AlITOS BOOlL Y INJURY
- SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
X NON-DWNED AUTOS (Per accident)
~
PROPERTY DAMAGE
GARAGE LIABILITY AUTO ONlY-EAACCIDENT
=1 ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT
D EXCESS LIABILITY $ 5,000,000
5577735 10-1-2007 10-1-2008 EACH OCCURRENCE
P=l ~MBRELLA FORM AGGREGATE $ 5,000,000
OTHER THAN UMBRELlA FORM
C WORKERS COMPENSATION AND WLRC44473094 AOS 10-1-2007 10-1-2008 X I ~C STATU- ; I WTH-
EMPLOYERS' LIABILITY (4) WLRC44473136 - CA TORY LIMITS ER
SCFC44473057 - WI El EACH ACCIDENT $ 1,000,000
THE PROPRIETOR! X INCl WCUC4447301A - EX WC $ 1,000,000
- El DISEASE-POLICY LIMIT
PARTNERS/EXECUTJVE
OFFICERS ARE: EXeL EL DISEASE..EACH EMPLOYEE $ 1,000,000
OTHER
(1) ADDITIONAL INSURED: If required by contract, Includes COYfIIF'8ge few AddltionallnlMJJ1lds p.t".uached endorsement.
(2) ADDIllONAL INSURED: If r8quired by contnK:t. Includes covef'8g8 for AdditiOMllneureds.nd Loss Payee as nqWred by contract.
(3) PRIMARY COVERAGE: Where r.quired by I.... or contract, this covenIg8 Is prkMry and not excess f'iI or contributing with other insurance or self-insurance,
i..i WAIVER OF SUBROGA1l0N: Insured aves subrogation to the extent riqulred by contnlct.
DESCRIPTION OF QPERATlONSJl...OCATIONSNEHIClESfSPECIAL ITEMS JCI Contract No.
Project Name; CeG - Security Services & Equipmertt
Customer PO Number. 07-4148
CERTIFICATE HOLDER CANCELLATION
SHOULD ANt OF THE POUClES DESCRIBED HEREIN BE CANCEllED BEFORE THE EXPIRATION DATE THEREOf,
Collier County Government THE ISSUING COMPANY WIll tJl'i?"!' QR 1"7 MAIL A- DAYS IJ\/RITTEN NOnCE TO THE CERTIFICATE HOLDER
"'3001 E. Tamiami Trail NAMEOHERElN. ,'-r.o> ""lIii"P? '".. '[""'?tl tJ~~?i: 1.'1'." ...~"-~..~ 9li'1 '~..,../.. ~~, '.VII ,+,!',;,r .'~'KPIQ
Naples. FL 34112 "~""""R Iii: '~'~' 'p"'~ .--q7'tl~ ';'"V' ,~.':"f\: ~~ .~",.~~ ?" ~17'~r_""I7'-"'-
MARSH USA INC. BY' 'Z. ~~~0
)4t//;f-U'/? 'A.M.lkoInlbop"'~n.~pn\lltidfO<~pa....-<lI>l7......_.,...Iaf.......wIllInspod,,".....u.p..olIUkto""'.VSAIac....&ollmoelfurlll&enillwldorotpocllo...chntlllp. MlI"'UMlac.wlIlo.ot,""",wiU_R"'~lylO'l"obIlp_1G,
.,."..&ooer1llknbaldrr....uy......m,iDa:.,..IIdJ...~ "'..,....,..Ia...A.M.Boootnollllp--m.c .Iter.......... HorDUSAlK. wiU........ ~lJIl11...podwdltMIInDtJIlI' l'a1al'C.LllIl)'hI ~ydalrlu o1uyo1dlt...........---...IlklI....w-l1llo
.........poIIdooft-.eol......
16E 1
POLICY NUMBER: HDOG2373283A
COMMERICAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person Is) Or Oraanizationls):
If required by contract, Collier County
Location(s) Of Covered Operations
As required by contract,
Information reouired to comolete this Schedule, if not shown above. will be shown in the Declarations.
Endorsement #A2
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - NAMED INSURED'S ACTS
OR OMISSIONS ONLY
A. Section II - Who is An Insured is amended to include as B. With respect to the insurance afforded to these additional
an additional insured the person(s) Of organization(s) insureds, the following additional exclusions apply:
shown in the Schedule. but only wnh respect to liability for
"bodily injury", "property damage" or "personal and This insurance does not apply to "bodily injury~ or
advertising injury" caused solely by: "property damage" occurring after:
1. Your acts or omissions; or 1. All work, including materials, parts or equipment
2. The acts or omissions of those acting on your behalf; furnished in connection with such work, on the
project (other than service, maintenance or repairs)
in the perfonnance of your ongoing operations for the to be performed by or on behalf of the additional
addnional insured(s) at the location(s) designated above. insured(s) at the location of the covered operations
has been completed; or
2. That portion of "your work" out of which the injury or
damage arises has been put to its intended use by
any person or organization other than another
contractor or subcontractor engaged in performing
operations for a principal as a part of the same
oroiect.
Endorsement #A2A
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS-
NAMED INSURED'S ACTS OR OMISSIONS ONLY
Section 11- Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the
Schedule, but only with respect to liability for "bodily injury" or "property damage- caused solely by "your work. at the location
designated and described in the schedule of this endorsement performed for that additional insured and included in the .products-
completed ooerations hazard.-
ORIGINAL DOCUMENTS CHECKLIST & ROUTINGt~E
. TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO
THE BOARD OF COUNTY COM:WSSIONERS OFJITCE FOR SIGNATURE
. Prlm OIl pink pap.... AlmciIlO arigia21 A~_. 0rigia21 d~_N >lmld be haad delivered lO die Board Office. ~compld<d rculiDg ,Up and original
A~_"axelObelilrwmled.lOdleBoardOllil:ocmly~tboBoardbJst1lo:ll._OIldlei-.) . . .. .c. ..
.... ROUTING SLIP . .'"
.. Camplclll raatiq..... 'llbraugb 114 as ~ fct addiliau.l sigl!llll<OS. dares. mAlar iDfcmwjOll Deeded. It die d"""':;:"';'is akcIdy complelo with die'
liOIl oldie n..;,.""",'s . dmnline tllmu roaliD Jiner#lllttoa #4, lclll die c:!Iecldisr; and fcrw.ud lO Sue-1'ilscl1 (lilId#:5).
Route to Addressee(s) . Office Initials Date
(IJstinrcu' ardor) ;..,,-
1.
"'":
2.
~.
--
~
---
PRIMARY CONTACT. INFORMATION
("!be primlIry CCllClCt is die bolder at 1110 ori&inal-=' peadiDg Bee 3ppmVlll. NormnJIy tile primacy cou_ is tbo P""C1l who ~ 1110 execulive
.summary. Primary coa.CtCI: id:Jrmation is aeeded in d1e eVCDt one at cbc OIddn:ssccs above. including Sue FUson. aced. to cpa.QCt mff far 3ddiriaaa! or missing
iDtanzwio.. All origiDal......--N oeediDg tbo BCC ChaimJan', signaaue".. lO be delivered lO d1e Bee otIic: only oitcr <he Bce hIS lIl:Ilid '" approve <he
it=:z.)
Name of Primary Staff
Contact
Agenda Date Item W3:I
'led b the BCC
Type of Document
Altached
------
--
3.
-------...
c25,z -gq 1"1
!u&1
I
Yes N/A(Not
(Initial) licable)
~mL
--
4.
-
iV/tt
5. Sue FIlson, Executive Manager
Board of County Commissioners
(WI
C1hL
-
6. Minutes and Records
Clerk of Court's Office
- ~
tV/~
Phone Number
Agenda Item Number
Number of Original
hu e- Documents Attached
e (f\~
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark 'WA" in theNoe Applicable column. whichever is
1.
Original doc::ument has been sigllcdfmitialcd fur legal sUfficiency. (All documents to be
signed by the Chaim!an, with !be exception of most letters, must be reviewed a:cd signed
liy the Office of the County A1mmey. Thi.s includes signature pages from ordinance:s,
resolutions, etc.. signed by the County AJ1DrrJey's Office and signature pages from
conlraCtS, agr.....m"U1:S. ClC. tbat have been fnfiy executed by all parties except the BCC
0Wrman and Clerk to the Board and I State Officials.)
Alllwldwrittcn.Slrilte-through a:cd revisions have been initialed by the County 4J:tomey: s
Office and all other arties the BCC Chairman a:cd the Clerk to the Board
The Chainpan' s signatUre IilJe date bas been entered as the date of B CC approval of the
document or the final DC tiarcd contract date whichever is iicable.
"Sign here" tabs are placed on !be ilpp",p,;.uc pages indicating where the Chairman's
si. and initials are
In rirost cases (some contraCtS arc an exception), !be original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some nOt""""<lCS are time sensitive and rcqnireYorwan:ling to T.IT.h...cc within a certain
time frame or the BCC's actions are nullified. Be aware of OlD'deadlines!
The document was approved by the Bce on~(enter date) and all changes
made during the meeting bave been lncorpor..ied in the attached document. The
Coon Attorn 's omce bas reviewed the eo, if a Iicable.
~ For=I County FonmI BCC _ Ori&inal Doc:um=a Rcwing Slip WWS Original 9.03.04. Revi:led 1.26.05. R.vi=l2.24.05
2.
3.
4.
s.
6.
16E
44
MEMORANDUM
DATE:
January 30, 2008
TO:
Cindy Erb, Sr. Property Acquisition Specialist
Real Estate Services
FROM:
Martha Vergara, Deputy Clerk
Minutes and Records
RE:
Agreement for Sale and Purchase - Conservation Collier
Attached is an original of each document, as referenced above (Agenda
Item #16E4) approved by the Board of County Commissioners on Tuesday,
January 29, 2008.
Please forward the original back to the Minutes and Records
Department once all appropriate copies have been made.
If you should have any questions, you may contact me at 252-7240.
Thank you,
Attachment (I)
16F
,
4 .rtt(
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER, 39955520004
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between RAYMOND BENNETT
AND TERRY BENNETT, husband and wife, whose address is 5330 SW 195th Terrace,
Fort Lauderdale, FL 33332-1243, (hereinafter referred to as "Seller"), and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns,
whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to
as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the pur~E:pfTcMi8r5lElQ16lUE81e terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Twenty
Six Thousand Two Hundred Twenty Dollars and 00/100 dollars ($26,220.00), (U.S.
Currency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before one hundred and twenty
(120) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto. The Closing shall be
held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami
Trail East, Naples, Florida. The procedure .to be followed by the parties in
connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
1
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39955520004
16E
41
3.0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser. The cost of the title commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(AL TA Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
2
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39955520004
16E
4';~
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure
said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiration of said thirty (30) day period,
may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the title
commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or
projection, or lack of legal access, or Purchaser may terminate the Agreement.
A failure by Purchaser to give such written notice of termination within the time
period provided herein shall be deemed an election by Purchaser to accept the
Property with the encroachment, or projection, or lack of legal access.
V. INSPECTION PERIOD
5.01 Purchaser shall have one hundred and twenty (120) days from the date of
this Agreement, ("Inspection Period"), to determine through appropriate
investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended use and purpose in the
Conservation Collier program.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
3
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39955520004
16E
4
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care. Seller shall be notified
by Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2007 taxes, and shall be
paid by Seller.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity
to a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one-half percent (1/2%) of the purchase
price shall be paid to Seller as liquidated damages which shall be Seller's sole
and exclusive remedy, and neither party shall have any further liability or
obligation to the other except as set forth in paragraph 12.01, (Real Estate
Brokers), hereof. The parties acknowledge and agree that Seller's actual
damages in the event of Purchaser's default are uncertain in amount and difficult
to ascertain, and that said amount of liquidated damages was reasonably
determined by mutual agreement between the parties, and said sum was not
intended to be a penalty in nature.
9.03 The parties acknowledge that the remedies described herein and in the
other provisions of this Agreement provide mutually satisfactory and sufficient
remedies to each of the parties, and take into account the peculiar risks and
expenses of each of the parties.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
4
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39955520004
16E
,
lJ"
_.~
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
10.013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance,
code or regulation or requiring or calling attention to the need for any work,
repairs, construction, alterations or installation on or in connection with the
5
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39955520004
16E
4 "
'J,
Property in order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied,
10,019 There are no unrecorded restrictions, easements or rights of way
(other than existing zoning regulations) that restrict or affect the use of the
Property, and there are no maintenance, construction, advertising,
management, leasing, employment, service or other contracts affecting the
Property,
10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
be in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601,
et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11,01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
6
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39955520004
16E
44
If to Purchaser:
Alexandra Sulecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Facilities Department
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to:
Cindy M. Erb, Senior Property Acquisition Specialist
Collier County Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
If to Seller:
Raymond & Terry Bennett
5330 SW 195th Terrace
Fort Lauderdale, FL 33332-1243
Telephone number: 954-680-2774
Fax number: 954-765-4564
11.02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
7
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39955520004
16E
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1306 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
1309 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by BCC:~
~(J,., 1bm..:If It, ~ 4
AS TO PURCHASER:
DATED:~
ATTEST:
DWIGHT .!;. BHq.GK, Clerk
, .'..'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
rt as to...t1Itd
t H;'.H.iiNi 0<11.
BY
.
8
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 39955520004
AS TO SELLER:
DATED: IJ-/U/2,;c7
WITNESSES:
q 1
(sl~a~u~e~> ~
< /' --
v ..j 'c/V"NI-
(Printed Name)
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(Printed Name)
16E
4
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RAYMOND BENNETT
WITNESSES:
/1 / ~(lM
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( (Signature) . _., TERRY BENNETT
i"j Jtiv N Ih-r/L 6-A/V' /"1--12 Y
(Printed Name) tI
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VCllfrl-C AVY'lljct~
(Printed Name)
Approved as to form and
legal sufficiency:
SJ(~
Jennifer A Belpedio
Assistant County Attorney
9
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 39955520004
LEGAL DESCRIPTION:
THE EAST SEVENTY FIVE (75') FEET OF THE WEST ONE
HUNDRED FIFTY (150') OF TRACT 47, GOLDEN GATE
ESTATES, UNIT 65, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 5, PAGE 88, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
16E 4
",:;,
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL~ io- ." 'J
.. TO ACCOMPANY ALL ORIGINAL DOCUMENTs SENT TO .&- ~ "-
THE BOARD OF COUNTY COM:MISSIONERS OmCE FOR SIGNATURE
I'linc on pink pope<. AttId1lD original A~_. Original A~m_" 3lIouJd be !wid deJi_ lD tile Board Otlice.. Thtcomp/eled ICUliIIll slip "'4 oril!imU
A~-"""lDbelbrwm!el1lDtIleBoardOtllc:cmlym1lloBoardllutti=acdm.OIltlleill:m.) . .. .'. ..
.. . ROUTING SLIP . ,....
Campa rrJUIing IiDa 'llbmugh t4 os ~ tbr addiliazrl ,;11"........ -. -Va: iDfalmadonlleedcd..lt tile A""":'_; is dr=Idy campa with tile
ticaaf.tIle'"""'--'s . 4mnlillelflroa _ _'1 #4, -tIlecbecklist;mdtbrwamlDs...lilstm(liDd~).
Route to Addressee(s) . Of1:ice Initials Date
(I.i3rinlCUlin ardor) "'''_
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2.
3.
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4.
5. Sue FIlson, Executive Manager
Board ot-County Commissioners
6. Minutes and Records
Cleric of Court's Office
PRIMARY CONTACT INFORMA nON
(The primary -- is !be balder of lbe aripW A~_. p...m.1l Bee ",prcYlll. Nammlly lbe primary Cl1l1l= is tile pea"" wba ~ tile .._avo
SIUIIZIIlIry. Primary -= iDii>rmaJi"" is _ in <lie ..... _ of lbe _= above. inc:ludinll Sue Mlsm1. .ce<llD c:paClCt staff 1i:lr addiJioaal or IZIiJsing
iDii>rmaJiQa. All ori!Ii>W documeulS lleCdiDi <lie Bee OW=', ,;plll.... OM to be doUvcred to tile Bee office ooly oiler <lie Bee bas ilCIlld lD approve lb.
it=L)
Name of Primary Staif
Contact
Agenda Darc Item was
roved b the BCC
Type ofD=t
Attached
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Phone Number
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Number of Original
Documents Attached
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INSTRUCTIONS & CHECKLIST
Initial the Yos column or mark "NI A" in the Not Applicable column. whichever is
Yes
(Initial)
I.. Original document has been signedl"mitialed lbr legal stifficiency. (All documents to be
sigDed by the. Chainuan. with lIIe exception of most letrer!o must be reviewed a:cd signed
liy the Oflice of the Colliit)' Ar1r:Jmey. This includes signature pages from ordinances,
resolutions. etc.. signed by lIIe County AlIDrney's Office a:cd signature pages from fv,
contractl. agreements, ell:. that have been t'nIly w:c:uted by all parties except the BCe
Olairman a:cd Clerk to the Board a:cd I Slale Officials.)
2. All hudwritten.srrw-throagh IIId reviaions have been initialed by the County Attornc:y: s
Office a:cd all other artios t the BCC Chairman a:cd the Clc:rk to the Board
3. The Champan's signatllre line date has been ent=d a.s the date ofBCC approval of the
document or the 1iDaI De dated contract date whichever is licable.
4. "Sign h=" tabs are placed OIIl11e appropriate pages indicating where the Chairman' s
si' a:cd initials are .
5. In liIost cases (some contradS are an exception), lIIe original document a:cd this routing slip
should be provided to Sue Filson in the BCC office within 24 ho= ofBCe approval.
Some """'''''''''1ts are time s&:DSilive a:cd require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our M..-IEne:s!
6. The do<:lUlW1t was approved by the BCe on (- J"" (enter date) and all changes
made dnriDg the meeting have been incorporated in the attached document. The
Conn Attorn . Ofllce has reviewed the if a Dcable.
A
, rJ fA-
.,'
~ - County _ BCC _ Origillal D<>:umcals Rowillg Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.0~
16E 5
Lease #
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this ~ day 01\ ~A C~..4~ ' 2008, between Collier
Mosquito Control District whose mailing address is 600 North Road, Naples, Florid 4] 04, heremafter referred to as
"LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East
Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR".
WITNESSETH
THE PARTIES AGREE AS FOLLOWS:
ARTICLE I.
Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR for four (4) locations on the
County-owned communications tower located at 312 Stockade Road, Immokalee, Florida, at a maximum height of Two
Ilundred Eighty (280) feet above-ground in order to install an Ultrasonic wind speed and direction sensor (280'), a
temperature and relative humidity probe (280'), and two (2) temperature probes in sun shields (] 50' and 50'). LESSEE is
also authorized to install a 10" x 12" wall-mounted control box with 110 V AC power and hone jack within the
LESSOR'S ground-level equipment shelter. All improvements shall be approved by LESSOR applying the terms
contained in Article 5 of this Lease.
ARTICLE 2.
Tenn of Lease
LESSEE shall have and hold the Demised Premises for a term of five (5) years commencing on the date in which
LESSEE takes possession of the Demised Premises thereby LESSEE installing equipment on same. LESSEE is granted
three (3) separate options, provided it is not then in default of any of the provisions of this Lease, to renew same for three
(3) additional terms of five (5) years each under the same terms and conditions, as provided herein, except as to the rental
amount, as provided herein, by giving written notice of LESSEE'S unconditional intention to do so to the LESSOR not
less than thirty (30) days prior to the expiration of the leasehold estate hereby created or the renewal term then in effect.
Said notice shall be effective upon actual receipt by LESSOR.
Both LESSEE and LESSOR will be allowed to terminate this Lease by providing the other party with thirty (30)
day written notice. Said notice shall be effective upon actual receipt by LESSEE or LESSOR. LESSEE shall be granted
an additional sixty (60) days from the aforementioned thirty (30) day notice period, if required, in order to secure and
relocate to an alternate site for operations conducted at the Demised Premises.
]n addition, LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part
thereof to be used or occupied for any purpose that is not authorized by this Lease or is contrary to law or rules or
regulations of any public authority having jurisdiction over the Demised Premises.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Thousand Two
lIundred Dollars ($1,200.00) per annum to be paid in full within thirty (30) days from the execution of this Lease by the
I,ESSOR.
If LESSEE elects to renew the Lease as provided for in Article 2 of this Lease, the annual rent for the renewal term
shall be increased by five (5) percent from the annual rate of the previous term and shall be due each year thereto in
advance upon the anniversary date hereof. LESSOR shall calculate the renewal tenn increases on the sixth (6th), eleventh
(Il'h), and sixteenth (16th) years and provide LESSEE with written notice of same.
ARTICLE 4.
Other Expenses and Charges
LESSOR shall pay the electrical service charges at the Demised Premises. LESSEE shall be responsible for all
costs associated with the installation and monthly charges for telephone service at the Demised Premises.
ARTICLE 5.
Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE must
provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises
t'or LESSOR'S written approval, specifying in writing, and in meaningful detail, the nature and extent of the desired
alteration, improvement, change. or addition, along with the contemplated starting and completion time for such project.
LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for
changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or
appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days, there has been
no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a DENIAL to
such requcst to LESSEE.
16E 5 .~
LESSEE covenants and agrees in connections with any maintenance, repair work, erection, construction,
improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises,
to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of the
United States of America, State of Florida, County of Collier, and any and all other governmental agencies having subject
matter jurisdiction.
All alterations, improvements and additions made to the Demised Premises shall be deemed the property of
LESSEE. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, LESSEE
shall promptly rcmove the additions. improvements, alterations, fixtures and installations which were placed in, on, or
upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal;
and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense.
ARTICLE 6.
Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right to enter into and upon the
Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs
or providing janitorial service therein, and for thc purposes of inspection for compliance with the provisions of this Lease
Agreement. During times of emergency repair or maintenance, LESSEE shall be granted immediate access by requesting
LESSOR'S agent of same.
ARTICLE 7.
Assignment and Subletting
LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Premises, or pennit
any other persons to occupy same without the expressed prior written consent of LESSOR. Any such assignment or
subletting. even with the consent of LESSOR. shall not relieve LESSEE from liability for payment of rent or other sums
herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease unless a
novation is expressly agreed to by LESSOR. The acceptance of rent from any other person shall not be deemed to be a
waivcr of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the
Demised Premises. Any such attempt shall be null and void.
ARTICLE 8.
Indemnity
In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, LESSEE
shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability
(statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but no
limited to. attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any
injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A)
LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by
LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any
condition of the Demised Premises due to or resulting from any default by LESSEE in the perfonnance of LESSEE'S
obligations under this Lease or otherwise, or (D) any act, omission or negligence of LESSEE or its agents, contractors,
cmployees. subtenants. liccnsees or invitees. In case any action or proceeding is brought against LESSOR by reason of
anyone or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities rcsulting therefrom and shall
defcnd such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory
to LESSOR.
The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property,
occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR hannless from any
claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the
LESSOR or its employees.
ARTICLE 9. Insurance
LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved by the
Collier County Risk Management Department, for not less than Five Hundred Thousand Dollars and No/Cents
($500,000.00) combined single limits during the term of this Agreement. In addition, LESSEE shall provide and
maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the
applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred
Thousand Dollars and No/ I 00 Cents ($100,000.00) each accident.
Such insurance policy(ies) shall list and continuously maintain Collier County as an additional insured thereon.
Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami
Trail. W. Harmon Turner Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease
Agreement; and shall include a provision requiring not less than ten (10) days prior written notice to Collier County c/o
County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. LESSOR reserves
thc right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt
of such noticc LESSEE shall have thirty (30) days in which to obtain such additional insurance.
ARTICLE 10. Maintenance
LESSEE shall. at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised
Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not
taken within ten (10) days of the receipt of such notice. LESSOR may cause the same to be cleaned !d ~r~cted ~
LESSEE shall assume and pay all such necessary cleaning costs and such costs shall constitute additional rent which
shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR.
LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees,
agents. independent contractors, guests, invitees, licensees, or patrons.
LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all applicable rules, laws
and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature whatsoever which
accumulates or arises from LESSEE'S use of the Demised Premises. Such trash, waste and refuse shall be stored in
closed containers approved by the LESSOR.
ARTICLE II. Default bv LESSEE
Failure of LESSEE to commence remedy of default as soon as possible and to complete remedy of default in thirty
(30) days with any provision or covenant of this Lease shall constitute a default whereby LESSOR may, at its option,
terminate this Lease by giving LESSEE thirty (30) days written notice to vacate the Demised Premises unless the default
is fully cured within that thirty (30) day notice period (or such LESSOR approved additional time as is reasonably
required to correct such default). However, the occurrence of any of the following events shall constitute a default by
LESSEE, and this Lease may be immediately terminated by LESSOR except to the extent then prohibited by law:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant
to the terms of this Lease.
(c) Filing of insolvency, reorganization, plan or arrangement of bankrup1cy.
(d) Adjudication as bankrupt.
(e) Making ofa general assignment of the benefit of creditors.
(I) If LESSEE suffers this Lease to be taken under any writ of execution.
In the event of the occurrence of any of the foregoing defaults in this Article 11, LESSOR, in addition to any other
rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and property from the
Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for
the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of
trespass, or being liable for any loss or damage which may be occasioned thereby.
The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if
a lien is filed against the leasehold interest of the LESSEE. and is not removed within thirty (30) days, pursuant to the
Florida Mechanics Lien Law or otherwise.
If LESSEE fails to pay, when due, any rental payment, or any other sum payable to LESSOR under this Lease, and
if said sum remains unpaid for more than five (5) days past the due date, the LESSEE shall pay LESSOR a late payment
charge equal to five (5) percent of any payment not paid promptly when due. Any amounts not paid promptly when due
shall also accrue simple interest of one and one half (I y,) percent per month or the highest interest rate then allowed by
Florida law. whichever is higher, which interest shall be paid by LESSEE to LESSOR.
ARTICLE 12. Default bv LESSOR
LESSOR shall in no event be charged with default in the performance of any of its obligatiDns hereunder unless
and until LESSOR shall have failed tD perform such obligations within thirty (30) days (or such additional time as is
rcasDnably required to correct such default) after written nDtice to LESSOR by LESSEE properly and in meaningful
detail specifying wherein LESSOR has failed to perfDrm any such obligatiDns.
ARTICLE 13. NDtices
Any notice which LESSOR or LESSEE may be required to give tD the Dther party shall be in writing delivered tD
the Dther party at the fDIIDwing addresses, or changes theretD which have been notified tD the other party:
LESSOR:
Board of County CDmmissiDners
c/o Real Estate Services
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
LESSEE:
Collier MosquitD Control District
600 North Road
Naples, Florida 34 I 04
AttentiDn: Director
Copy to: RadiD CommunicatiDns Manager
ARTICLE 14. Surrender of Premises
16E
5
Unless LESSOR agrees otherwise in writing, LESSEE shall remove any improvements installed by LESSEE or
authorized by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of
the Demised Premises and any improvements not removed upon expiration of this Lease, or its earlier tennination as
herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term
of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and
damage by fire or the elements beyond LESSEE'S control excepted.
ARTICLE 15. General Provisions
LESSEE fully understands that the police and law enforcement security protection provided by law enforcement
agencies for the above-referenced Demised Premises is limited to that provided to any other business or agency situated
in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the
Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises
which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where
other operations share common facilities or otherwise.
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR.
(b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the Dem ised
Prem iscs to the extent applicable under law.
(c) LESSEE agrees to pay all intangible personal property taxes and other taxes, if any, that may be imposed due to
the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said
leasehold interest in the Demised Premises.
ARTICLE 16. Environmental Concerns
LESSEE represents, warrants and agrees to indemnity, reimburse, defend and hold harmless LESSOR, from and
against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly
pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or harm
to the environment.
ARTICLE 17. Interference
LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation and
maintenance will:
A. Not irreparably damage the LESSOR'S radio transmission tower structure and accessories thereto.
B. Not interfere with the operation of LESSOR or LESSOR'S tenants' or future tenants' radio equipment on this tower
and/or surrounding towers. In the event there is interference by LESSEE, LESSEE will promptly take all steps necessary
to correct and eliminate same within a reasonable period of time. If LESSEE is unable to eliminate such interference
caused by it within a reasonable period of time, LESSEE agrees to remove all items causing the interference from
LESSOR'S property and this Agreement shall terminate as to all removed items.
C. Not intcrfere with the maintenance of LESSOR'S tower and tower lighting system.
D. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes
of the City and/or State concerned.
ARTICLE 18. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities,
may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit.
ARTICLE 19. Extent of Liens
All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised
Premises shall not be subject to liens for improvements made by or through the LESSEE, also for improvements made by
the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the
Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section
713.10. Florida Statutes.
ARTICLE 20. Effective Date
16f::'
'I..
Sf
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 21. Governing Law
This Leasc shall be governed by and construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR:
DATED: .
~'? d '6
ATTEST:, ';'..,
DWIGaT E. BROCK.:'Clerk
~~
1"';1' . d L '1~') ,.'
BY:
rOM HENNING, CHAIRMAN
AS TO LESSEE:
DATED:~
d-<J~ 11)1 O}~
WITNESS (signature)
F1Z~(')(L LUI'(/'~~
(p int name)
COLLIER MOSQUITO CONTROL DISTRICT
BY: ,<--a4nd--~ ~
Frank Van Essen, Ph.D., Executive Director
(print name)
Approved as to form and legal sufficiency:
~(1A..~
JVvI0If'E. A. 13fL.HD-Io
f\S <;IS n'\ (\J T Co J rv T'/ A iTOe. KH 'I
16F
1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
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ROUTING SLIP
Complete routing lines # t through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
excention of the Chairman's si""lffllre. draw a line thrould routinJ! lines # I throwm #4, conmlete the checklist, lUld forward to Sue Filson line#5l.
~oute to Ad~\ressee(s) Office Initials Date
List in routin~ order
I.
- --
2. --
3.
--
4.
--
5. Sue Filson, Executive Manager Board of County Commissioners (' He 1/"d9/0S
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the
item.)
Name of Primary Staff Artie Bay
Contact
Agenda Date Item was 1/29/08
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Resolution
~^'
Number of Original
Documents Attached
252-8459
l6F I
N/A (Not
A licable)
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
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In most cases (some contracts are an exception), the original document and this routing slip
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The document was approved by the BeC on_1129/08_(enter date) and all
changes made during the meeting bave been incorporated in the attacbed document.
The Coun Attorne 's Olr..e bas reviewed tbe cban es, if a licable,
ck-
c~
(~f\C
CAe
Crt.
cf\C
2.
3.
4.
5.
6.
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 224.05
16F 1
RESOLUTION NO. 08 - 27
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR UP-DATED EMS USER
FEES FOR COLLIER COUNTY AMBULANCE SERVICES, UP-DATED
BILLING AND COLLECTION PROCEDURE, HOSPITAL TRANSPORT
BILLING AND FEES, ADJUSTMENTS OF EMS USER FEES PURSUANT
TO COLLIER COUNTY ORDINANCE NO. 96-36, WAIVER OF EMS USER
FEES FOR SPECIAL EVENTS, AND AN UPDATED PROCEDURE FOR
APPROVING HARDSHIP CASES AND PAYMENT PLANS; SUPERSEDING
RESOLUTION NO. 07-192; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County Emergency Medical Services (hereinafter referred to as
"EMS") provides ambulance services to the residents and visitors of Collier County; and
WHEREAS, the Collier County EMS operating budget is funded exclusively through ad
valorem taxes and user fees; and
WHEREAS, the Board of County Commissioners recently entered into an Agreement with
Advanced Data Processing, Inc. (hereinafter referred to as to "Billing Consultant") to provide
collection services for ambulance services and associated fees; and
WHEREAS, this Resolution is intended to apply irrespective of whether EMS billing staff,
Advanced Data Processing, Inc., or any other billing consultant is responsible for the collection of
fees for ambulance services; and
WHEREAS, Collier County Ordinance No. 96-36 S 5 provides that the user fees for
ambulance services may be established by Resolution of the Board of County Commissioners
(hereinafter referred to as to "the Board").
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: EMS USER FEES
BASE RATES:
SERVICE LEVELS
BASE CHARGES
A. EMS - BLS NON-EMERGENCY
B. EMS - BLS EMERGENCY
C. EMS - ALS I NON-EMERGENCY
D. EMS-ALSIEMERGENCY
E. EMS ~ ALS 2 EMERGENCY
F. EMS - SPECIALTY CARE
G. EMS - TREATMENT W/O TRANSPORT
H. EMS - HELICOPTER
MILEAGE RATES:
SERVICE LEVELS
A. EMS - GROUND UNIT
(Minimum Charge of 1 mile and no cap)
B. EMS ~ AIR UNIT A0436
SPECIAL EVENTS AND MISCELLANEOUS RATES:
CODES
A0428
A0429
A0426
A0427
A0433
A0434
A0098
A0431
CODES
A0425
SERVICE LEVELS
A TWO (2) MEDICS/ONE ALS VEHICLE (PER HOUR)
$
$
$
$
$
$
$
$
700.00
700.00
700.00
700.00
750.00
800.00
175.00
5,900.00
MILEAGE CHARGE
$ 12.25
$
110.00
RATES
$ 150.00
16F I
B. ONE (I) MEDlC/NO VEHICLE (PER HOUR)
COPIES.:
$
50.00
Subject to statutory exemptions, "public records" are required by Chapter 119, FS to be
open to inspection and copying. Consistent with Chapter 119, Resolution No. 07-327 establishes
copying fees as follows:
COPIES OF DOCUMENTS
RATES
$ .15
$ .20
A. One-sided copy which is 14 inches by 8 Y, inches or less
B. Two-sided copy which is 14 inches by 8 Y, inches or less
COPY SERVICES
The actual cost of duplication for all other copies will be charged. The first hour of cost of
duplication will not be charged. "Actual cost of duplication" is defined in 9 119.07(1), FS as "the
cost of the material and supplies used to duplicate the record," but does not include the labor cost
and overhead cost associated with such duplication.
.Copying fees are subject to change only to the extent that either Chapter 119, FS or
Resolution No. 07-327, or both, are amended, replaced, or superseded.
PAST DUE ACCOUNTS
INTEREST ON PAST DUE ACCOUNTS $ 1 % monthly
SECTION TWO: BILLING COLLECTION PROCEDURE
The following shall be the minimum guidelines for billing and collection procedures for
ambulance service fees and charges:
A. Initial fees and charges for ambulance service(s) shall be assessed either pnor to or
following the provision of service, as service dynamics reasonably allow. Unpaid fees and
charges, subsequent to time of service shall be reflected in an accounts receivable subsidiary
ledger system to be maintained by the EMS Department.
B. EMS Billing Staff will transmit all data necessary to Billing Consultant to process the claim.
I. Billing Consultant will send an initial bill to the service recipient's or responsible
party's insurance carrier as soon as insurance information has been received,
validated, and entered by the Billing Consultant on the account.
2. When a valid patient address is present, the Billing Consultant will follow the patient
statement cycle outlined below.
1. An initial statement for ambulance services, including the HIPAA notice of
privacy practices shall be sent fourteen (14) or more days after the data is
entered by the Billing Consultant, but no later than 30 days after service has
been provided.
11. If a non-Medicaid account remains unpaid, statements will be sent to the
patient no later than every 60 days from the last filed date. If a claim is denied,
a bill will be sent to the service recipient or responsible party.
iii. For Medicaid accounts, if the claim is denied because of no coverage at the
time of service, or because it was determined to be not medically necessary to
be transported by ambulance, a bill will be sent to the service recipient or
responsibly party.
16
1
..r.
IV. In the event the service recipient or responsible party does not have or does not
provide proof of insurance coverage, statements will be sent to the patient no
later than every 60 days from the last statement date.
C. The Billing Consultant will provide a file with patients to be sent to collections to the
County's contracted collection agency when all attempts to collect on the account have been
exhausted by the Billing Consultant. The County may direct the Billing Consultant to not
send a patient to collections at any time. Billing Consultant may send a patient to
collections prior to exhaustion of all collection efforts when:
1. The patient account has an invalid address.
2. Billing Consultant is directed by County to send a patient to collections.
D. Interest will be assessed at 1% per month on all accounts that are sent to the County's
contracted collection agency.
E. A reasonable and customary payment plan will be made available for all service recipients
or responsible parties. Should the service recipient or responsible party at the time fail to
meet the terms and conditions of the payment plan for a period of(60) sixty days, the unpaid
balance shall reenter the collections process set forth in Section C. above at the point in the
collections process at which it was taken out for a payment plan to be administered.
F. When ambulance service bill(s), at the any stage in this billing and collection procedure, are
returned because the Postal Service cannot effectuate delivery, the EMS Billing Section
shall make reasonable effort to ascertain the correct mailing address. Ifreasonable efforts to
ascertain a correct address fail, the account(s) may be considered for other collection
alternati ves.
G. Nothing contained in this Section shall preclude reasonable telephone or other appropriate
contact for billing and collection purposes, in accordance with all applicable laws.
H. Throughout the fiscal year, the EMS Billing Section shall review all past due accounts and
report to the Board of County Commissioners on an annual basis, of all past due accounts
which are believed to be uncollectible.
1. The Board may, after reviewing these past due accounts and after finding that diligent
efforts at collection have proven unsuccessful, remove these past due accounts from active
accounts receivable in accordance with generally accepted accounting procedures and
pursuant to law by Resolution.
J. Probate Estate Cases: Should a decedent have an unpaid balance for ambulance services,
the following shall occur:
I. The decedent's Personal Representative will notify EMS Billing Staff that a
probate estate has been filed with the Probate Court.
2. EMS Billing Staff shall ensure that a Notice of a Claim is timely filed with the
Probate Court.
3. EMS Billing Staff shall ensure that the Office of the County Attorney is timely
notified of such claim and provided with: 1) a copy of ambulance bill(s), 2) all
correspondence between EMS Billing Staff/Billing Consultant) and Personal
Representative, 3) Notice of Claim filed with the Probate Estate, and any other
information necessary to pursue the claim.
16F 1
4. The Office of the County Attorney shall take all reasonable actions that are
necessary to pursue such claim, including but not limited, to filing a lawsuit in
the County Court to pursue such claim.
5. If the estate has assets and $10,000 or less is owed for ambulance services, the
EMS Director and the County Attorney (or his designee) are authorized to take
reasonable actions to reach a settlement with the Personal Representative or his
attorney. Should a settlement be reached, the EMS Director and the County
Attorney (or his designee) are authorized to execute a satisfaction and/or release
on behalf of the County. If the estate has assets and in excess of$10,000 is owed
for ambulance services, any negotiated settlement/compromise of the ambulance
billing claim shall be approved by the Board of County Commissioners. If the
estate has nominal assets or no assets, the County Manager may waive the rates,
fees, and charges as set forth in Ordinance No. 96-36, as it may be amended,
replaced, or superseded.
K. All accounts with a balance of $1 0 or less will be written off.
SECTION THREE: HOSPITAL TRANSPORT BILLING AND FEES
A. The fees set forth in Section One of this Resolution shall apply to ambulance transports that
occur between a hospital's facilities.
B. Should a hospital within the boundaries of Collier County have the need for a transport of a
patient between hospital facilities located within the boundaries of Collier County,
ambulance transport will be provided.
C. Should a hospital within the boundaries of Collier County have the need for a transport of a
patient to hospital facilities located outside the boundaries of Collier County, the County,
will subject to equipment and manpower availability, at its sole discretion, utilize its
resources to provide patient transport.
D. Hospitals requesting ambulance transports shall be invoiced directly for ambulance transport
service on a monthly basis.
SECTION FOUR: ADJUSTMENT OF EMS USER FEES
The following shall be minimum guidelines for adjustments to ambulance service fees. The
Board of County Commissioners, in accordance with criteria established by the enabling Ordinance,
may authorize other adjustments.
A. Medicare and Medicaid Adjustments. Contractual adjustments under Medicare and/or
Medicaid assignment will be made in accordance with applicable Medicare and/or
Medicaid rules and regulations.
B. Victim's Compensation Contractual Adiustments. Contractual adjustments will be
made in accordance with applicable state, federal and local rules and regulations.
C. Worker's Compensation Contractual Adiustments. Contractual adjustments will be
made in accordance with applicable state, federal and local rules and regulations.
D. Countv Emplovee Adiustments. Board of County Commissioners and Constitutional
Officers' employees that have Primary coverage under Collier County's insurance policy
will be responsible for any deductibles, co-payments or unpaid balances. An employee
16F I
may dispute his/her ambulance charge In accordance with procedures set forth in
Ordinance No. 96-36.
E. Champus/Tricare Adiustments. Contractual adjustments will be made in accordance
with applicable Champus/Tricare rules and regulations.
F. Railroad Retirement Adjustments. Contractual adjustments will be made in accordance
with applicable state, federal and local rules and regulations pertaining to Railroad
Retirement Adjustments.
G. Social Services Adiustments. Contractual adjustments will be made in accordance with
rules established by the County Manager and memorialized by a memorandum of
understanding executed by the Social Services Director and the EMS Director.
SECTION FIVE: WAIVER OF EMS USER FEE FOR SPECIAL EVENTS.
Pursuant to Ordinance No. 96-36, and from the effective date of this Resolution, user fees
for EMS ambulance stand-by services may be waived if the Board finds that a valid public purpose
has been established in recognition of their charitable contributions to the Community.
SECTION SIX: HARDSHIP CASES AND PAYMENT PLANS.
The Board recognizes that certain service recipients may need to be identified and processed
as hardship cases. Payment plans will be established pursuant to the minimum guidelines set
forth in this Resolution.
A. Hardship cases will be established in accordance with the Federal Poverty guidelines, as
used by the Social Services Department of Collier County.
B. Payment plans for hardship cases will be set up on a monthly basis, with a minimum
payment of $10.00 per month. Hardship cases, placed on a payment plan will not accrue
interest or be placed into collection. Notwithstanding the foregoing, if a service
recipient has a payment plan and does not make the agreed scheduled payments for a
period longer than two (2) months, the account will be turned over to the County's
contracted collection agency and interest will begin to accrue.
SECTION SEVEN: SUPERCISION OF RESOLUTION 07-192
This Resolution shall supersede Resolution No. 07-192
SECTION EIGHT: EFFECTIVE DATE
This Resolution shall become effective on January 29, 2008
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ;2Jfh day of ~Jni liW '~j ,2008.
'" ; ~
"
A TTESI::' . ,
DWIGHT E. BROCK; CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By / Ai ,Me'
TOj~IN~~
~Q~ 9~
Jenni r A. Belpedi
Assistant County Attorney
Item # Ilt?F\
Aqerdn \n1l eft
,):,," .\~'l
[j'''' j \1:~I~
R8C'd -\ II
-..-.,.
MEMORANDUM
Date:
January 30, 2008
To:
Artie Bay
EMS, Operations Analyst
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-27
Enclosed please find one copy of the above referenced document (Agenda
Item #16Fl), approved by the Board of County Commissioners on Tuesday,
January 29, 2008.
If you have any questions, please call me at 252-7240.
Thank you.
Enclosures (1)
lor 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 ::~
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ,
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
l~.'
"',
2
exception of the Chairman's signature, draw a line througt routing lines #1 through #4, comnlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routin2 order)
I.
..------..-.--.,
2. --------.-.----..------
3.
~"_.-._-_.._--_.__._-
4. --
------_.._~. ...----".-- -
5. Sue Filson, Executive Manager Board of County Commissioners I !.y,'; (j F
CI./-)(',.
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created!prepared the executive
summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCe has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
/' I'
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Phone Number
(117- (
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Yes
(Initial)
N/A (Not
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Agenda Item Number
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Number of Original
Documents Attached
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a fO nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCe Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCe approval of the
document or the fIpal ne otiated contract date whichever is ap licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the Bee on I,): (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne '8 Office has reviewed the chao es, if a licable.
2.
3.
4.
5.
6.
16
""
,y
i.,.,.
RESOLUTION 2008 - 28
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BOARD OF THE OCHOPEE FIRE
CONTROL DISTRICT DECLARING A PUBLIC PURPOSE
FOR THE ACCEPTANCE OF A DONATION MADE BY
THE EST A TE AND/OR TRUST OF DELLA E. REYNOLDS
TO THE OCHOPEE FIRE CONTROL DISTRICT IN THE
AMOUNT OF $9,014.31, AND ANY SUBSEQUENT
DISTRIBUTIONS TO THE OCHOPEE FIRE CONTROL
DISTRICT FROM THE SALE OF REAL ESTATE FROM
THE ESTATE AND/OR TRUST OF DELLA E. REYNOLDS.
WHEREAS, the Board of County Commissioners of Collier County, Florida ("Board")
created the Ochopee Fire Control District ("District") and acts as its Governing Board pursuant
to Collier County Ordinance No. 75-6, as amended; and
WHEREAS, one Della E. Reynolds, deceased, died testate, leaving the residue of her
estate to a Trust previously created; and
WHEREAS, the Estate of Della E. Reynolds has been opened and is pending in the
Probate Division of the Twentieth Judicial Circuit in and for Collier County, Florida under File
No. 05-970-CP-02-HDH; and
WHEREAS, the District is named as one of the beneficiaries for distribution; and
WHEREAS, the Board finds that any such funds derived from the distribution can benefit
the District, and that acceptance of those funds would be in the interest of those citizens within
the District.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
I. The donation of monies by the Estate of Della E. Reynolds to the Ochopee Fire
Control District serves a valid public purpose.
2. The Board will accept, on behalf of the Ochopee Fire Control District, a check in
the amount of $9,014.31, and all future distributions, if any, from the Trust made by the
deceased, Dell E. Reynolds.
3. That the $9,014.31 and any and all future funds received from and through the
Estate of and/or Trust of Della D. Reynolds be and the same be given to and deposited by the
Clerk of Courts, and that the budget of the Ochopee Fire Control District be adjusted accordingly
reflecting that the funds are deposited for its use.
Page 1 of2
16 2
4. That interim Chief Alan McLaughlin is hereby authorized to execute any and all
documentation required by the Estates' attorneys, subject to the approval of the Office of the
County Attorney, including, the Receipt and Refunding Agreement and Internal Revenue Service
Form W-9, necessary to obtain the donations.
BE IT FURTHER RESOLVED THAT this Resolution shall become effective
immediately upon its approval and adoption.
THIS RESOLUTION ADOPTED AFTER MOTION, SECOND AND MAJORITY
. ,~,.
VOTE FAVORING SAME this :~.; q day of -Yf IllU Ct l "I ,2008.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT, E, B-ROCK, CLERK OF COLLIER COUNTY, FLORIDA
,'.'< ~ :',:-
By:
.i
..___ 'f11...--'
I,)}. ;,.,
/' '//:')
,
TOM HENNING, CHAIRMA
Approval aHci"form and legal
Sufficiency:
~(\R ~'dA.-'
Jenm er A. Bel dio
Assistant County Attorney
Page 2 of2
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Date:
To:
From:
Re:
16F
MEMORANDUM
January 29,2008
Christine Chase
Emergency Management
Martha Vergara, Deputy Clerk
Minutes & Records Department
Resolution 2008-28
Enclosed please find a copy, as referenced above, (Agenda Item #16F2),
approved by the Board of County Commissioners on Tuesday, January 29,
2008.
If you should have any questions, please call 252-7240.
Thank you.
Enclosure( I)
2~'
MEMORANDUM
Date:
May 14, 2008
To:
Christine Chase
Emergency Management
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
NCH Certificate of Public
Convenience & Necessity
Enclosed please find the original NCH Certificate, referenced above,
(Agenda Item #16F4), approved by the Collier County Board of
County Commissioners on Tuesday, January 29, 2008.
If you should have any questions, please call 252-8406.
Thank you.
Enclosure (l)
16F 4 f~
16F4 ~
EXECUTIVE SUMMARY
Recommendation to approve a Certificate of Public Convenience and Necessity for NCH
Healthcare System for non-emergency ambulance service and approve a budget
amendment recognizing and appropriating the $250 annual renewal fee.
OBJECTIVE: Board of County Commissioners approval of a Certificate of Public
Convenience and Necessity for NCH Healthcare System, authorization for the Chairman to
execute the same and approval of a Budget Amendment to recognize and appropriate the $250
annual renewal fee.
CONSIDERATIONS: NCH Healthcare Systems currently operates non-emergency ambulance
transport under a Certificate of Public Convenience and Necessity. Collier County Ordinance
No. 2004-12 requires that NCH Healthcare Systems annually renew its original Certificate of
Public Convenience and Necessity and pay a $250 fee. Further, the renewal certificate may be
approved routinely by the Board of County Commissioners upon advice of the Administrator.
FISCAL IMPACT: $250 to be recognized and appropriated by Budget Amendment to
Emergency Management Fund 001-144210 for FY08.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this action.
RECOMMENDATION: That the Board of County Commissioners:
I. Approve the Certificate of Public Convenience and Necessity for the NCH Healthcare
System.
2. Authorize the Chairman to execute the same.
3. Approve a Budget Amendment to recognize and appropriate the $250 annual renewal
fee.
PREPARED BY:
Department
Christine Chase, Sf. Administrative Assistant, Emergency Management
16F4
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16F4
Naples Campus
350 Seventh StreetN.
Naples. Florida 34102
(239) 436-5000
NCH
North Collier Campus
11190 Healthpark: Boulevard
Naples, Florida 34110
(239) 513-7000
;":Mr~n., ...............
Healthcare
System
December 28, 2007
j",....,;...,.-:-\',r:':Lt-\
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JAN - 2 Z008
Dan Summers, Director
Bureau of Emergency Services
Collier County, Florida
EMERGENC'{ MANAGEMENT
Subject: Renewal of Certificate of Public Convenience and Necessity for NCH Healthcare System,
Ambulance Services.
Mr. Summers,
Persuant to Collier County Ordinance 2004-12, please accept the following updated information for the
renewal of the required certificate for 2008.
1- NCH Ambulance Services is operated by NCH Healthcare Systems, 3S0 7th Street North, Naples,
Florida, 34101,
2- NCH Ambulance Services provides the NCH Healthcare System with interfacility, and out of
county ambulance transports.
3- NCH Ambulance Services operates with up to 3, and no less than 1, State licensed ALS
Ambulances, for 24 hours a day, and 7 days a week.
4- NCH Ambulance Services is located at 21S7 Pine Ridge Road, Naples, Florida,
5- Schedule of attachments:
A- NCH Certificate of liability Insurance,
B- Florida Advanced life Support license,
C- list of permitted ALS Ambulances
D- Medical Director Documents,
E- Schedule of rates,
F- list of officers, and trustees of the NCH Healthcare System,
G- Check for $250,00 renewal fee,
Thank you for your attention to this matter. Please call me if you need any additional information, or if I
can answer questions about this renewal.
Sincerely,
David Mennini, Director
NCH Ambulance Services
239-513-7080 office
'~~',U~,jJ)},U~'~~~!f~!~~{ ~
www.NCHmd.org
16F4
Attachment A
1Uf-4-
ACORD,. CERTIFICATE OF LIABILITY INSURANCE Page I DATE
1 of 3 10/03/2007
PROOUCElt 877-945w7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willi_ Bortb America. :lnc. HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
p, o. Box 305191
Nallhv!l!., TN 372305191 , INSURERS AFFORDING COVERAGE NAIC#
,
INSURED" .."--- - .~ --------
NeB a..lthear_ By.ta.., :Inc. INSURERA: Th. Ch.rt~~__O.k Pi_rl'.. In.ur~_nC!,,__ COll\P~~Y____~5..o._~1.~
AttDI Daryl Kilpatrick : !NSUREF!~: St.~~f~_~t In.ur~_nc. Co. 26387~OOl
PO Box 4UO;!9
Naples, PL 34101 IN~~RERC: zur_icb American _~lIu~.ne. COIllRanr 16535~O'5
.l~~URE~Q:__~____ ~---- --~~..- -~--- --._-~
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
NoJV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. A~RE~T~UMITS ~HOWN ~-^y. HAVE ~~_~N REDUC~~BY PAIDC~ . ..
I TYPEOF1N8URANCE POUCYNUMBER ~ ~ "I UMrT'S
I GENERALUASlUTY I : EACHOCCURRENCE . .-
- COMMERCiAl GENERAL LIABILITY ~1~H9?~~' .
.m' .=J ClAIMS MADE 0 OCCUR MEDEXPl~) .L--.
... -- - PER~&ADVIN~URY . -. ,-
I
i .--------- - ~RAlAGGRE~TE ._..;..~
,
I ~N'~AG~n~~7~~l~R: r ~~~TS - c;()!-1PIOP AGG .
POUCY JEeT LOC
A ~OMOBlLEUA8lUTY P8108241A934COF007 10/1/2007 10/1/2008 COMBINED SINGLE LIMIT . 1,000,000
~ iWYAUTO (Eaacc:idenl)
------- ..-
: i AlLCNVNEOAUTOS ~~)URY =
~ SCHEOULEDAUTOS
HIREDAUTOS I BOOIL;'~JURY- .-
~_I NON-QIMIIEDAUTOS (Per acddenl) .--
.-"0' _____ ~._
1-' - PROPERTY DAMAGE .
i (Peracddlll1l)
GARAGE UABlUTY ~Q_<?NlY -EAACCIDENT .
I --"l JW( AUTO OTHER THAN ~~_t'-CC L .-
AUTO ONLY: AGG .
B F~U~~ HPC280706511 10/1/2007 10/1/2008 ~9CCURREN_~___ f!.._5,000 000
_J OCCUR fiJ ClAlMSMADE ,6.(:>G~~TE ___ . 5 000,000
m' ---- .
, ---.1 DEDUCTIBLE .. -'---. -- -
';;1 RETENTION $3 _ nnn _ 00 .
WORKERS COMPENSATION AND ...lT~IilJNs I 10TH-
EMPLOYERS' UABlUTY I ER
ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT .
QFFICERJMEMBER EXClUDED? , " E.L. DISEASE - EA EMPLOYEE j_$
~~c~~r:dNSbelOW E.L. DISEASE - POLICY LIMIT $
C ""'ER BWS3878463 '0/1/2007 110/1/2008
I Excess Worker. $1,000,000. Bach Accid.nt
Comp.nsation $1,000,000. Each B.ploy../Di.....
Li.it. ar. in Bx~... n~ ~500 oon_
OESCRIP11ON OF OPERA11OH8ILOCAT1ONSIVEHICl.ESIEXCLU8IONS ADDED BY ENDORSEMENT/SPEctAL PROVISIONS
SBB ATTACHBD FOR PROFBSSIONAL LIABILITY;
CERTIFICATE HOLDER
CANCELLATION
Agency ot Healthcare Admin.
2'27 Mahan Drive, Room 213
Tall.ha...., PL 32308
SHout.D A1f'( OF THE A8O'\IE DeSCRIBED POUClES BE CANCELLED BEFORe THE EXPIRAllON
DATE THEREOF, TItE ISSUING INSURER WLL ENDEAVOR TO rMlL ~ DAYS WRITTEN
NOncE 10 THE CERT1F1CATE tfOU)ER NAMED TO THE LDT, BUT FAILURE TO DO so SHALL.
IMPOSE NO OBUGATlON OR UABlUTY OF ANY KIND UPON THE INSURER, rTS AGENTS OR
REPRESENTAllVES.
Al1Tl'IORIlEDREPRESENTAllVE
ACORD 25 (2001/08)
Coll:2130096 Tpl:689723 Cart.
@ACORDCORPORATION1988
16F4
WIllis CERTIFICATE OF LIABILITY INSURANCE Page I DA're
2 of 3 10/03/2007
PROOUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willi. North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 can tury Bl vd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
p, o. BO. 305191
Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC#
-- - - --"- --~ ------ -_._~- --- --
INSURED HeR a..ltbe.r. Sy.t.... Inc. JN~~~._Ch.~~___'ire _In.u~.nc. Co~p~ny 25615~O~1--
Attn: Caryl Kilpatrick It'lS!:JRERB: S~...t_ _Insurance C'l;)~__~~! 26387-'0-01
PO Box 413029
Haplea, n 34101 JNSUR~R C:~~~~icJ:1~.ric_~!;__In.uranc.. . Com.p.n~ _ +-!!-S3 ~.:.!!?_
~~f1.E~~__,___ ----------- i-- -~
, INSURER E:
oeSCRlPTlON OF OPERA TlONSIlOCATIClN5IVBiICLESlEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
PROFESSIONAL LIABILITY COVERAGE - RBTRO DATE: 7/1/78
CARRIBR: STBADFAST INSURANCE COMPANY
PO~ICY NUMBER: HPC280706511
EFFECTIVE, 10/01/2007 TO 10/01/2008
$25,000,000 LIMIT OVER SIR $3,000,000
umbrella liability is excess of Hospital Professional Liability with a Self-Insured retention of
$3,000,000 per claim, and General Liability with a Self-Insured retention of $1,000,000 per
occurrence/$3,000,OOO Aggregate.
Coll:2130096 Tpl:689723 Cert:9634203
16F4
Page 3 of 3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
If SUBROGATION IS WAIVED, subjeclto the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon,
ACORD 25 (2001/08)
Coll;2130096 Tpl:689723 Cert:9634203
16F4
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Attachment 0
16F4
16F4
TOBER, ROBERT BOYD MD
NAPLES COMMUNITY HOSPITAL
350 7TH ST N
NAPLES
FL
33940 - 0000
1.,11..,11,1.1...1.,11I..,11...11...11...11...".11I
, CONTROLLI!D IUIISTANCI RlG8lTRA11ON CBRTIACATI
DEA AEGISTRATlON TH~ REG~TJON FEE UNITED STATES DEPARTMENT Of JUSTICE
NUMBER EXPIRES pAlO , DRUG ENFQRCEMEHT ADMINlSTRAnON
I A T8302438 PAID I , WASHtHGTON, D.C. 20537
11-30-2008 ,
, .
SCHEDllLES BUSINESS ACTMTY Issue DATE ,
12,2N, PRACTITIONER 11-09-20051 ,
,
,
3,3N,4,S '
,
TOBER, ROBERT BOYD MD , SedIon& 3Q4. and 1008 (21 U.S.C. 824 and a58) of the Controlktd
NAPLES COMMUNITY HOSPITAL , Subltances Ad of 1070. as amended. provide thallhe Attorrey
, Genem mIY AWOke or 1UIpend. reglatnltion 10 manufllchJre,
350 7TH ST N , dlab1but8, dispense, Import or export . controlled lub8tance.
,
NAPLES FL 33940 -??oo , THIS CER11FICATE IS NOT TRANSfeRABLE ON CHANGE Of
, OWHERSHP. CONTROL. LOCATION. OR BUSlNESSACTMTY,
, AND rr IS" NOT VALID AFTER THE EXPIRATION DATE.
--------------------------------------------------------------------------
CONTROLLED SUBSTANCE REGISTRATION CERTIFICATE
UNITED STATES DEPARTMENT OF JUSTICE
DRUG ENFORCEMENT ADMINISTRATION
WASHINGTON, D,C, 20537
DEA REGISTRATION
NUMBER
IAT8302438
THlS REGISTRATlON
EXPIRES
FEE
PAlO
11-30-2008
PAID
SCHEDULES
J2'2N,
3,3N.4.5
TOBER, ROBERT BOYD MD
NAPLES COMMUNITY HOSPITAL
350 7TH ST N
aUSINESS ACTMTY
ISSUE DATE
PRACTITIONER
11-09-2005
NAPLES
FL
33940-0000
Sections 304 and 1008 (21 U,S,C. 824 and 958) of tho
Controlled Substan"", Ad of 1970, .s .rnendad,
provlda that tho AIlorney Gen...oI moy _ or
suspend a regtstratlon to manufacture. dIstribute,
dllpen.., Import or export a controNed .ubalance,
THIS ('.FR"FI("ATF I~ NnT TI=lANj:;.I=F'RARI ,: nN r"U6M/'!cE: nc: ....l"..Ic:Dcou'n ....,...........,... .....- A_....' -- _. .-.. ._- - - --..
16-F-4-
ACtf2 7 3 39 G 4
,STATE.OF FLORIDA
DEF'ARTMENrOFHEAL TH
DIVISION OF MEDICAL QUALITY ASSURANCE'
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DATE .. LICENSE NO. " '.'CONTROL NO,
11/11112001.. ME 30891 .' ." .221645
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The MEblCAL DOCTOR'
named below has' met all requirements of
the laws and rules of the state of Florida,
Expiration D~te:JANUARY 31, 2010
ROBERT BOYD t.OBEI'l
ATTN: NCH WOUND HEALING CENTER
6400 DAVIS BLVD,
SUITE 104
NAPLES, FL. 34112
(J4 ~;_Ch,:.y~
Charl.le Crist
GOVERNOR
J1.'h1~.\4i If..'l.o~li ~
Ana M, Vlamonle Ros, M,D,. M,P,H.
STATE SURGEON GENERAL
DISPLAY IF REQUIRED BY LAW
EXPIRATION DATE: JANUARY 31, 2010
Your 1if.l.'nsl': ntlmbcr l!;; MB 30891. pkl"Jl~ use it jn ilJI corrcsponclcnt:c with YOIIl" hOllrd{coundl. lrach lic::cnsce is solely responsible for notif)'inglhc deparlment in writing 0
the lkr_n~ec's current moiling mhln':u llml prm:licc \orltt;on mldrC31l1. U9C thi9 see:tiun to rt':f1or~ lIame ond/or practice locutioll oddrc38 ond/or mailing IIridre('lll r:hnngt':!'I. If you
hllH: nut rt':ccivcd your renew,,! oolkc 90 lfup prior to the expirulion d~ltc lIhown un this license, 1.IC:Hie coli 1850) '1B8-tl5lJ5.
Norn\; r;hllllgC$ requirr. leg.1I dnf.umenlnlion !'Ihowing lhl' nom~ (:hlmgl~. I'h':IlSfl 1l11lke :nlf~ thlll It l,ilowcllpy of onc of tile I'ollowing RCCOmlJnnicII this rorm: A mntri.agl." liCt:09c, It
di...OH:r. deuce or n r.ourteHlIo::t. A ddver..Uce",.e or soctal security cud is not coa.lcleTed le.at doeulllUltatlon.
Mcdkul Ql.Illlit)" Al\5Urtlm:f: Orrf':llI you the c.oll\lcnir.oc:c of i!le,cml online :tu\lkcs. These serviccs give you lhr. "bility w renew youe lic(':Il!K', uplhlle your moiling !tnl! prm~lkr
locAlion ~dclrt~s('les riOtI updfllr. your profile illmrnullion.
I. Go 10 wwwnhealthloaree.oom
"J. Click on J..kcniSec/Puwidt'r
3 Click on Pnl~hlillnCf' I'(lgin
4. Select )'our profcsshl11
S.. I?nlt:r thr. IICCQunllU IInd pl4sswurd ht~rc (Aeoouot ID _d p.....or4 are c..e .eo_hh'e) At.COllnll1): tobtrrob 1'i&6!Jword: c2d4ceEr
Wh.,.. '0' Is lowercase Idter 'O'.}
6. Click on Login
To relllle~t II tlupliqlte license. ~ublTtillhi~ form find R coed or money order, plll.vllble to Ihe DEPARTIIBIfT OF HEALTH, in ltlc Rnlount of $25.00.
Now th8l}'oU IIn\ll': .~'Ollr license. ntukc SUf'e )'OU kcep it 0010 .....dob.Uten.ua/nMIa/avold,btalllo find out more.
MAIL TO: DEPARTMENT OF HEALTH
DIVISION OF MEDICAL QUALITY ASSURANCE
LICENSURE SERVICES
P,O. BOX 6320
TALLAHASSEE. FLORIDA 32314-6320
:J NAME CHANGE (ATTACH LEGAL DOCUMENTATION)
FROM:
LAST ------..------FiRST-------"--r:iiDDL~
o PRACTICE LOCATION ADDRESS CHANGE
(This IIddress will be prinled 00 your license and PO$ted on the Internet.)
_.._----._-_._----..."-._----~_._-"_._-_._-
ZIP
lJTY -- STATE
U MAILING ADDRESS CHANGE
(this address will be used when mailing your license and for all olher
correspondence from the Department.)
--.--------.-----------.-
TO:
LAST
DH 2103, 5/98
FIRST
MIDDLE
+cffi------
STATE
ZIP
rOt 4
Attachment E
..ftrf-tr-
Naples Campus
350 Seventh Street N.
Naples, AorIda 34102
(239) 436-5000
NCH
North Collier Campus
11190 Healthpark Boulevard
Naples, Florida 3411 0
(239) 513-7000
-r:iioi1;,I'I'i'~- --............
Healthcare
System
To: Collier County Board of Commissioners
From: NCH Healthcare System, Ambulance Services
Date: December 28, 2007
Subject: Schedule of rates for Ambulance transport for 2008.
280020-9 NCH BLS- AO-429- $525.00
280030-8 NCH ALS2- AO-433- $630.00
280040-7 NCH ALS1- AO-426- $550.00
280050-6 NCH ALS1- AO-427- $577.50
28007Q.,.4 NCH BLS1- AO-428- $540.75
www.NCHmd.Of9
1OF4
Attachment F
- Officers & Trustees
.
NCH
--...... --.
-
Naples, FL
Fa~
.730
About Us Nsws & Events Careers @ NCH Patients & Visitors Services
Home . About Us . Officers & Trustees
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dl
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(239)436-5000
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(239)552~7000
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BOARD OF TRUSTEES 2007-2008
NCH HEALTHCARE SYSTEM, INC.
NCH NAPLES HOSPITAL, INC.
CORPORATE OFFICERS
. I
Carl E. Westman
Chairman
Stephen L. Schwartz
1st Vice Chairman
BOARD OF TRUSTEES
1------:
i
I
l____J
William Allyn
,
Paul Oernbach, M,O,
I
Jay H, Baker
I
Alberto M, de la
Rlvaherrera, M.D.
http://www ,nchmd.org/default,aspx?id=487 &link=navmenu
I
,.
Joseph Perkovich
2nd Vice Chairman
Edwin Stedem
Secretary/Treasurer
II
William E.
Blndley
Susan L. Dalton
II
Linda Flewelling
LaVerne C.
Franklin
12/1312007
- Officers & Trustees
Page 2 of4
I
I
"I
Thomas J. Gazdic
Daniel Gill
Ellin Goetz
Kay Gow
~
Francis E. Harrington,
M,D.
I
II
Kim Ciccarelli Kantor
Arnold Lerner
Scott Lutgert
I
I
II
Paul J. Marinelli
Gerri Moll
John M. Morrison Wayne Mullican
I
I
I~
.. .
Rabbi
James H. Perman
Joseph Perkovich
2nd Vice Chairman
Scot C. Schultz, Stephen L.
M,D, Schwartz
1st Vice Chairman
,.
I
I
Edwin Stedem
Secretary(Treasurer
Norman Thomson, M.D.
Carl E. Westman
Chairman
STAFF OFFICERS
I
I I I
Allen S. Weiss, MD
President & CEO
Carrie Capps
Chief Nursing & Clinical
Officer
Kevin D,
Cooper
General
Counsell
Gail Dolan
COO, North Naples
Hospital Campus
http://www,nchmd.orgldefault.aspx?id=487&link=navmenu
12/13/2007
- Officers & Trustees
I
I
Phillip Dutcher
COO, Downtown
Naples
Hospital Campus
Vicki Hale
CFO IAssistant
Treasurer
I
Susan Wolff
Chief Information
Officer
Return to Top
NCH MARCO HEALTHCARE CENTER
Corporate Officers
John L. Patterson, Chairman
Thomas Stolee, M,D., 1st Vice Chairman
Paul Kurtzman, 2nd Vice Chairman
AI Diaz, 3rd Vice Chairman
Melody Kappauf, Secretary
Richard Adams, Treasurer
Trustees
Richard Adams, Treasurer
Elizabeth Bozzo (Bonnie)
AI Diaz, 3rd Vice Chairman
David Fenelon
Kevin Fitzgerald
Judy Gewirtz
Lawrence J, Hocking
Melody Kappauf, Secretary
James B. Kauffman, Jr.
Paul Kurtzman, 2nd Vice Chairman
Mary Ann Kline
Margaret L. LanoiX
Robert A, Marks
Allen W. Merriam, III
John L. Patterson, Chairman
Yvette Saco
Sal A. Saldana
Thomas Stolee, M.D., 1st Vice Chairman
Socrates Tseckares
Brooks C.B, Wood
http://www,nchmd,org/default,aspx?id=487&link=navrnenu
Page 3 of4
Chief of Staff
I I
Beth Martin
Assistant
Secretary
Brian Settle
Chief Human
Resources Officer
12/13/2007
l-6-f-4
- Officer~ & Trustees
Page 4 of 4
Staff Officers
Kevin D. Cooper, General Counsel/Chief of Staff
Gail Dolan, COO-North Naples Hospital Campus
Phil Dutcher, COO-Downtown Hospital Campus
Vicki Hale, Chief Financial Officer
Brian Settle, Chief Human Resources Officer
Carrie Sklfton, Chief Nursing & Clinical Officer
Pamela D, Wagner, Assistant Secretary
Allen S. Weiss, M,D" President & CEO
Susan Wolff, Chelf Information Officer
Return to Top
HEALTH RESOURCES CORPORATION
AMBULATORY SURGICAL CARE, INC.
COMMUNITY HOME CARE, INC.
COMMUNITY IMAGING, INC.
GULF COAST LINEN SERVICE, INC.
Corporate Officers:
Carl E. Westman, Chairman
Stephen L. Schwartz, 1st Vice Chairman
Joseph Perkovich, 2nd Vice Chairman
Edwin Stedem, Secretary/Treasurer
Directors:
Daniel Baer
Jay Baker
William Bindley
Richard Bodman
Paul Dernbach, M,D.
Linda Flewelling
Thomas Gazdic
Daniel Gill
Arnold Lerner
John Morrison
Joseph I. Perkovich, 2nd Vice Chairman
Stephen L. Schwartz, 1st Vice Chairman
Edwin Stedem, SecretaryfTreasurer
Carl E. Westman, Chairman
Staff Officers
Kevin D, Cooper, General Counsel/Chief of Staff
Gail Dolan, COO-North Naples Hospital Campus
Phil Dutcher, COO-Downtown Hospital Campus
Vicki Hale, Chief Financial Officer
Beth Martin, Assistant Secretary
Brian Settle, Chief Human Resources Officer
Carrie Sklfton, Chief Nursing & Clinical Officer
Allen S, Weiss, M,D" President & CEO
Susan Wolff, Chief Information Officer
Return to Top
...L
OUIll VISION 1$ TO BI!1 T"6 "NUT ,,,,nGRATSb "."'-T"OA"". .va,..... 1.'Il",i!:i"ulilli'.i;l~;.,j".;:
Home I About Us 1 News & Events I Find a Job I Patients & Visitors I Services I Helpful links
Access Healthline I Site Map I Privacy Notice I Webslte Privacy I Disclaimer I Contact Us
@ 2007 NCH HEALTHCARE SYSTEM
http://www.nchmd,orgldefault.aspx?id=487&link=navmenu
12/13/2007
16F4 ~
Attachment G
16 1.
MEMORANDUM OF UNDERSTANDING
Non-Exclusive Use by Bayshore Cultural Arts, Inc"
ofa portion of Unit 10.2740 Bayshore Drive. Naples, Florida
This Memorandum of Understanding is made and entered into this 2.ql:\.of January, 2008,
between the Collier County Community Redevelopment Agency, doing business as Bayshore
Gateway Triangle CRA, hereinafter the "Primary Tenant," and the Bayshore Cultural Arts, Inc., a
Florida Non-Profit Corporation, hereinafter the "Subtenant"
1. Owner of the Property ("Landlord"). Lafayette N. Ingram, III, is the fee owner of 2740
Bayshore Drive, Unit 10, Naples, Florida, 34112, further described as Unit Number 10, in that
Office and Retail Complex known as Gulf Gate South ("Property").
2. Primary Lease Primary Tenant and the Landlord have entered into a Lease Agreement and a
First Amendment to Lease Agreement for the Property and, pursuant to Paragraph 33 of the Lease
Agreement; have agreed to extend the lease term to August 31, 2008 (Exhibit" A")
3. Non-Exclusive Use of the Propertv Primary Tenant agrees to the Subtenant's non-exclusive
use of that portion of2740 Bayshore Drive, Unit 10, generally depicted in the attached Exhibit "B,"
("Subleased Property") and Primary Tenant has obtained the written consent of the Landlord
pursuant to Paragraph 16 of the Lease Agreement (Exhibit "C"). Primary Tenant will allow
Subtenant's employees, guests and invitees to enter upon and use the Subleased Property for the uses
noted below and subject to the following conditions.
4. Term. The term of this Memorandum of Understanding shall be concurrent with the Primary
Lease, as amended and as may be further renewed.
5. No Changes to Property by Subtenant Subtenant shall make no alterations, additions and
improvements to the Property except to the extent, if any, authorized by Primary Tenant in writing
and permitted by the Primary Lease
6. Liens. Subtenant shall not cause or allow any Lis Pendens or any liens to be filed against the
Property, and if filed arising out of any act or omission by Subtenant at the property, Subtenant shall
secure the lien's release.
7. Security to Property. Primary Tenant is under no obligation to provide additional security to
the Property by virtue of this Memorandum of Understanding.
8. Utilities. Primary Tenant shall pay for all utilities with respect to the Property and pursuant to
the Primary Lease. Subtenant shall have access to potable water, restroom facilities, and electricity
during its use of the Property. The Subtenant shall, at its expense, provide its own dedicated
telephone, facsimile and Internet connections within the Subleased Property and pay all associated
costs for labor and materials.
9. Signs. Subtenant will not post any sign, card or placard on the Property except as approved in
writing by the Primary Tenant, and in no instance shall said approval exceed that permitted pursuant
to Paragraph] 4 of the Primary Lease.
Page 1 of3
16 1
10. Waste to the Propertv. The ARTS shall not commit waste, nor suffer any waste to the
Property. The ARTS shall be responsible for any damage caused by its guests and clients.
11. Indemnification from the ARTS to the CRA. The ARTS shall save and hold harmless and
indemnify CRA from and against any and all liabilities, losses, damages, costs, expenses, causes of
action, suits, penalties, claims, demands, and judgments, attorneys' fees, witness fees, and other
expenses of defense (through all appeals and/or remands), alleged to arise out of intentional torts
and/or negligent acts, errors or omissions of CRA' s employees, guests and/or invitees, and
notwithstanding all insurance coverages whatsoever throughout the entire term of this Memorandum
of Understanding including all term extensions, if any.
12. Insurance. The ARTS shall maintain a liability insurance policy which is acceptable to
Landlord and lists the CRA as an additional insured.
13. Uses. The ARTS shall be allowed to use the Subject Property for office space and routine
meetings. The ARTS' use of the Property's main conference room shall be controlled by the CRA.
14. Revisions to this Memorandum of Understanding. This Memorandum of Understanding may
be revised as necessary by mutual consent of both parties and the Landlord by written amendment or
a revised Memorandum of Understanding.
15. Termination. Either the CRA or the ARTS may terminate this Memorandum of
Understanding by providing thirty (30) days' written notice to the other party; otherwise this
Memorandum of Understanding will remain in force, subject to the duration of the Lease.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding
to be executed by their appropriate officials, as of the date first above written.
ATTEST: .
DWIGHT E. BROCK
~(j
By. "
~tt.,'rt. ~lh:.ill .
s i i.' :~'<;;4 lo! \ -
. ~ (; ; , ,
1 ~l-/,
COMMUNITY REDEVELOPMENT AGENCY
OF COLLIER COUNTY, FLORIDA
~ ~
By'
. DONNA, ACA:,'tIfAI
Approved as to form
and legal sufficiency:
'-11\~ L~ 7fl. ~ti d #A1./. -,~
Marjorie tudent.Stirling
Assistant County Attorney
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Page 2 of 3
--'~_._-'-" --.....--.-....---..-.--r---."- -..... -_.~---
AS TO BAYSHORE CULTURAL ARTS, 1NC.
Signat~ . J
(JCLU It
Printed Name
ST ATE OF FLORIDA
COUNTY OF COLLIER
16
l'
k The foregoing instrument
, nI4(~ ' 2008, I?, _.-
Cultural s, Inc, who i'
identificatioR
wa acknowledged ~~: me ~iS ,) 2-. day of
()o " as :/ ,":> /, P n r7 Bayshore
n me or has produced as
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1"/, (/81.......~()Y; -;:.."
'III/ '-Ie STfI,I'- \\\'
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L~
Print Name
My Commission Expires:
Page 3 on
eRA Board
Commissioner
Donna Fiata
Chalnnan
Commissioner
James N. Coletta
VICe Chairman
CommIs8ione,
F,ed W. Coyle
Ccmmlssione,
Frank Halaa
Commissioner
Tom Henning
Advlsorv
i!!i!!l.
Lindsey Thomas
Chairman
JUI Barry
Karen Beatty
Ron Fowle
Chuck Gunther
Maurice Gutierrez:
steve MeIn
WlDam Mears
Bruce Preble
eRA Staff
David L. Jackson
Executive Director
Jean Jourdan
Project Me,,-,
Sue Trone
Operetions Anelyst
J.t ~\ e'Uo
lTEA-\ 1&6,t;,
THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AGENCY
COMMUNITY REDEVELOPMENT AGENCY
6r;
1
*..
2740 B.4....SHORE DRIVE, UNIT 17 NAPLES, FL 34112 PHONE 239.643.IIIS FAX 239.175.4456
June 26, 2007
Lafayette N. Ingram III
Suite 302
900 Sixth Avenue South
Naples, FL 34102-6792
Dear Mr. Ingram,
Pursuant to the provisions ofItem #33 of the Community Redevelopment Agency's (CRA)
two leases at 2740 Bayshore Drive, Units 17 & 10, the CRA requests to extend both leases twelve
(12) months from August 31, 2007 to August 31, 2008.
The CRA hereby acknowledges that the base rent on each unit will increase from $795 to
$895 per month (plus CAM).
Sincerely,
4--- .;Li
ATTC:F:
D!rGH". ,. .,A.nOons ".1.1'"'"''
~t: i I . c: ~ ,.;:::?',.i~~~ t. ~~:~;u~
'.. '\.~
.. .:'.,' ",;,'. t..
Debut ;on.;r~t: .... "::
r:. ~:::r.,.,;. ", .
Attest .,".~o~~~~:2~ ::
11gnatn,,,..r' ., .', .~
~~~......./<<~~~-
,,~'ilv.iIJ\li;~"\'
'~'!:.~ ': ,<,-~,':~'
...;....
Donna Fiala
Chainnan, Collier CRA
Approved as to furm & legal sufficiency
Jllc)~ m .~d -;Jil~lGr
Marjorie( .Stirling . J
Assistant County Attorney
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, -" .~. .' '~,
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TOdavW,r"
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"",,:,.~ ~.""~
. t,- -.;<"-V
Tomorro\v ..~,>
THE BAYSHORE/GATEWAY TRIANGLE. REDEVELOPMENT AGENCY
27.'0 BAYSHORE DRIVE - UNIT 17 NAPLES, FL 341J2
PHONE 239.643.1115 P.\CSL\IILE ;:;').--5.4456
\'("\l"W .COLLIERCRA.CO M
{;x\.\ 11> ~ T --k
FIRST AMENDMENT TO LEASE AGREEMENT
16G
1
THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this 1st day of June,
2007, at Naples, Collier County, Florida, by and between Lafayette N. Ingram, m. doing
business as Gulf Gate South, a registered fictitious name, hereinafter called "Landlord", and
Collier County Community Redevelopment Agency, a political subdivision of the State of
Florida, whose mailing adcIress is 3301 East Tamiami Trail, Naples, Florida 341/2, hereinafter
referred to as "Tenant".
WITNESSETH
WHEREAS, the Landlord and Tenant have previously entered into a Lease Agreement dated
February 28, 2007;
WHEREAS, the Landlord and Tenant an: desirous of amending the Lease Agreement; and
NOW THEREFORE, in consideration of the covenants and agreements provided herein and
within the said Lease and Ten DoDars (S10.00) and other valuable consideration, the said Lease
Agreement is hereby amended as fullows:
I. The description of the premises of the Lease Agreement on page one is deleted in
its entirety and replaced with the following:
Unit Number 10, in that Office and Retail Complex known as Gulf Gate
South, the street address of which is: 2740 Bayshore Drive _ Naples,
F10rida 34112, constructed upon that tract, parcel, or piece or real estate
described on the attached Exhibit "A", attached hereto and incorporated
herein by this reference.
2. Except as expressly provided herein, this Lease Agreement between Lafayette N.
Ingram, ill and Collier County Community Redevelopment Agency of utilization
of the demised premises described in said Lease Agreement remains in full force
and effect according to the tenns and conditions contained therein.
IN WITNESS WHEREOF, the Landlord and Tenant have hereto executed this First
Amendment to Lease Agreement the day and year first above written.
AS TO THE TEN~:
DATED: 0 S- 't >/1>7
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FWRIDA SITTING AS
THE COLLIER. COUNTY COMMUNITY
REDEVEWPMENT AGENCY, TENANT
AlTEST:'..
DWIGHTE. BR~ Clerk
5--.~
~ ..
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lli'.A._ AGRKRMRNT
D:DI r.an ......--... .. eatexecl into effective !:be.lc.fllht.y of Pebxuary, A.D..
2007, by _ bet........ LaDYBTl'B B. x.mM, :ru, DoiDg Bli'iir""....... as Gul.f Gate South,
A llagi8tezecl I'ictitioua _, beze1Dafter called !:be "LaDdJ.ord" , and the BOIlRD
01' euu.-.u;. CClIIfftUZCIIBRS OP l'Y\T.T.~ .....",.,..a;.z.. P'1,.nDTnIl., s....;a:;a:,Ufti AS "!'lIB COLL%R ~.a:%
C____.L:.LX lbr.u....tuDlIIBII'r~. bereiDafter ca11ecl the WTeDant-.
. z r . . S B . r w.
'l'bat t:be LaDdl.ord 1..... to !:be TeDaIlt _ !:be TeDaIlt l...... froa t:be
__...nord for a teza hoog:l_f"!J 011 !:be 1.t day of 1Ian:h, 2007, _ teraoiDatiDg 011
the 31ltt day of AUgWlt, 2007, t:be ~..... described to-wit,
unit IIIUmber 14, in tbat Office _ Retail. ~l.ex Iaxnm as Gal.f Qate
South, the street add%es. of which i.: 27.0 Bay8lIoze Drl._ - 1fapJ...,
pl.orida 3.112, COII8trv.cted upon that tract:, paxceJ., or piece of real
estate described 011 !:be attachecl Jlxbihit "A", attached hereto _
inco>:porated bezein by this reference.
The above described ~.... to be used OIll.y for !:be office aDd _ti.Dg XO<a of
the Collier Oomlty _w..l........t JlgeIlcy.
1'he 1IlDDthJ.y rental for the above described ~se. to be
..**.***.***.~ a----uR" .~z-PZVB DOI.LARS...............
1$795.001, payal)l.e ClIl. or before !:be first day of each ....u:h which BWIl 1s to be
paid to the ___nnord at lIUch p1ace as the _.....nom Ught froa tt.e to tiIIIe
direct:, 8Dd which __ is pJ:_ d paid wbeD. rectd."lI'8d_ 'Duo first 8Dd l.aat _th's
%eDt:al. are payable to tba LaDdl.ozd in a4vaDc:e. TeDaD.t baa :EepreseDted to !:be
LaDdl.ozd thet it i. ~ fz<a the pa~t of sales tax OIl the _thJ.y xental..
AD all PJUl2'ZD ..._..._ ~.
1. mza. 'l'ba TeDaIlt _l.edge. that !:be _iDea... on each side of
tha _f_s 1- ..d 8Dd let bezeby are "DOise _itive" 8Dd that !:be Tenant, its
gae.ta 8Dd 1mrit_., are DOt to gomarate lIIIY DOis. within !:be unit l......ed _ l.et
bezeby tbat call be heard out.ide of !:be l......ed unit aad in particuJ.ar that can
be heard in either of the ad;JoiniDg units.
2. WDB __ ...-rT...-o. The TeDaIlt a..-l.edgea that the ceiJ.iDg in !:be
uu.1t l......ed aDd l.et hereby i. a fire rated ....i 1 i"!J wholIe fire ratiDg can be
~_ thzaugIl boJ... or perforatiOlUJ in the cailiDg. 'Duo TeDant expressly
contracts, covemmts, aad agrees. DOt to _ lIIIY holes or perforations in the
ceUiDg wbatsoever.
3. _-_ _n .... _. 'Duo '.E'eDant --l.eclges that the fl.oors
in the unit l.eased 8Dd l..t hereby are pre-.~ c:oucrete sl.aJ>e wbos. stre:agth
depeads upon teuaiODed cul.es within the slab. The '.E'eDant expressl.y CClIltracts,
covenants. _ agxees, DOt to -.. lIIIY cuts, bol... CD: perforat1oua in t:be fl.oor
du, nor to ezceed !:be floor l.oad J.iJa1t of 100 pouDdII per sqwu:e foot.
_ m _____-,___ ______
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.. -----...-.- _ -.:m1ICa1 '1'he 'JlImaDI: .~-~edgea that iIDY
illpX..y nt-. .-de to t:ha ~_ an to ))e in CClIIIpJ.imIce v.l.t:h t:ha lI1d.~diJIg COdea
of c:oJ.l1er county, F1oJ:ida, which xequize, ...xIS ot:JIe>: "hf"!P". that the drywall
used in the pzem.... be. ...."j.al. 1b:ywa1~, DOt leaa tban 5/8 iDcbe. in
tbiclalea., that al.~ el.ectrica1 wi:dDg be placed in-.tal. -.t.. IIDd that tbeJ:e
be DO !Iol.ea or ~orat:laaa in the fire-xated ctdUDg of the ~_. LaJuUord
does DOt pezllit the .... ~ iIDY t:J>iDg IIut ateeJ. ._ .in the hd:erlor vaU.a. 110
t-..y ... _y ))e ....sa to the UDit l..aed IIDd let lleJ:eby v.l.t:IIDaI: the LuId1ozd'.
CClIIae1lt in writiDg. .......'ard.. --t _ be cauditi_ _ the _d< beiDg
perfa_ I:>y a po--l CGIII:r8CtOr. U~-..s to da ...I.al. _d<.
5. wnrrr...... ,. 1IU.11ty chazgea are to be paid for I:>y the TeDaDt.
Utility chIu:gee ab.aJ.~ be daUMId .. dIaxgea for _ter. ._. eJ.ectrica1 .erri.ee.
te1""1l-- --nee, cab1. teJ.en.ROIl. IIDd p,L,ge C01.lect:.iOll. _ acImcorledgea
that the vater. -.,. IIDd !V~ g. C01.lect:.iOD aerri.ce for the entJ.xe ahappiDg
....ter 1. bil.led to the y ~'<>""<< ""'1" I:>y t:ha ~ of tboa. aerri.cea IIDd
in t:m:D t:ha _ is to pay the .__nOl>d. _tb1.y. 1/18th of the c:haJ:ges for
water. """'"""". IIDd 9"~ !F" ~_tiOll. 'l'be pze8eDt _....,1' cbaxge for _ter,
s_. aud p......!J"l collectiOll aerviee for t:ha UDit l....cllet hezeby i. $50.00.
per 1IIOIIth. 'l'be first lIJId last wmth.. cb.aJ:ge for _ter, ~. IIDd P'"""r
.errie. is payab~e in advance.
.... ...axa ~ -...... ....... A1.1. napairs aud xeqa.ixed -.b1t;-_ft- to the
iDter10r ~ the pnm._ lIIIaU. ))e the .,.........iJd.l1ty of t:ha _. TeDlmt
asx-a to __ IIDd _h.....in tile ilo......or of t:ha ~.. ill .. good c:oaditiOD as
OIl tM CI ~ Ar o~ tId.. lea8e. ~ ~ aud tear . led, &lid to .be
z_ihle for the ~,repla= t. IIDd tile 8alDt-- ~ all .....ti"!!J lIJId
air-cauditi-hv _41 t. pJ'-''V, !lot water beate:ra. electrical. _i_t,
IIDd al.ectrlca1 wi:dDg ezduabely aerriDg t:ha pram_ leased hezeby. All
. _ iPll IIDd requ1zed _.n"__ to t:ha eId:erlor of t:ha ___ .. IIDd all of the
xepai:rs aud xeqa.ixed 8alDt_ to the pl.-i"'!J IIDd elecb:lc aerriDg other
t_s or l>a1ld1Dg ~ . azeaa aball ))e t:ha Z"'''P'W'-Udlity of t:ha LaJuUord.
7. ~I
A. . 'l'be ~t __.... to carxy. bear IIDd pay for -.l.icioua m.ach1ef, fixe
IIDd ~tozII iDrt-- _ t:ha plate glas. IIDd fLa....._ 011. t:ha pzem..e. 1D an
_ DOt leelI _ the fair ~ vaJ._ of said. fiztu%e8 IIDd plate g:lass, such
poll.cy to be written 1D a ... ..........,. 01d 1iDe :lDauraDce 0 _ -..,. &lJ.y authar.l.sed to
da bua~. in the state ~ F1oJ:ida. ~ I:>y the LuIlUozd, IIDd the L8JI4lord
a!lall be D-.l thezeiD as ... additioaaJ. iJunIzed. IIDd the Certificate of auch
orlgiDal polLei_. or ._ ,_ '" ~. lIIIaU. ))e .t.poaited. v.l.th the LuId1ozd.
B. 'l'be 'JlImaDI: agxee. to carxy for t:ha p=tectiOll ~ the ._...'11"....,. aDd
the _. pabJ.ic J1....nity ~ 1D _ ..........t. of DOt 1... _ the .... of
$1.000.000.00/$1,000.000.00. with aacb ~lcy to be written OIl a s".~,,""" old
liDe .n~ .t:y IIDd :bo.8w:aDce ~ aaI:bor1sed to do buaiDeaa in the State of
F1oJ:ida. IIJIPZG"ld I:>y the ....~'om. 'l'be cost of all auch pram_ OIl all auch
pol1c:1.e. abaJ.l be paid IIDd ~ I:>y the _. IIDd the cext1f1cate of auch
orl~ policies or 4 V 'A thereof lIIIaU. be deposited v.l.th the LaJuUozd.
C. ",... 'JlImaDI: ...... T. to pay to the ....~'ord 1/12th of 1/18th of the
iD8m:ance pram_ IIDd pram_ .............."!!J c:ba%gecl to the ........,""1l for fire,
viDdatoza. fUlod, aDd lillbUity iDInD:aDee OIl the pzaperty .in aDd upcm which the
1-.4 ~... 1-.4 IIDd let Uzeby 1. located. 'l'be cmrxent. c:barges to the
LuIlUozd ror fire. viDdatono. fUlod. aDd 1iahiUty inaunmce on the pzopert:y in
aDd upcm which the ~....ed ~_ ~-.4 IIDd :let be%eby i. located, with~_
fiJumC8 chargee. :I.. C~4...d.~y $38,718.00, per:r-r. of whiCh the or.umt lIIIaU. pay
$2,151.00, per _. or $17'.25. per 1IIOIIth. '!!Ie fi%'llt BUd :last wmth'.
insurance premi_ IIDd chaJ:gelI are payabJ.e to the LaDdlozd 1D adnDce.
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DIe "1"eIIaDt ."-~... tliIat tIIie cIIazgea for .~-~ ~_ -.y iDcxeaae or
a............ ......."!J tIIie ~ oI! ~ ~ - '" 4. lIIId tJIe 1UaIIl: ~ e. to pay
the ..sj1l8ted _ -"'r. .. g'-~P 1d.th tIIie otber _ xequized to be paid 1IDder
tId8 LD8B anD.__.._.... 1d.th tile Z8III:aJ. ~ .. they fal~ doe.
D. fte 'leDaat agz-. tllet in tile _ oI! lotte or "___ to tile balldiD9
in vldch tile lea8ed pnm._ is located by wiJIdlItODl or tOZlUldo. tbat tIIie tOlDaDt
td~l pay 1/9 of IIIlY ~ deduct:fble. for tIIie ........."!J in vldch the lelUled
~ 18 10C<lt:ed. '1'be c:azuat iD8uruce ~ for tile bu:l.ldiDg in vldch
tile lelUled ~ i. located i. fb. ".........4. (51') of tIIie iDaw::ed ~_ of tIIie
bu:l.ldiDg. lIIId tha c:azuat iDInu:ed ....u.ua of tJIe llaildiJIg in 1IId.ch the l...ed
pzem.... i8 located is $995.500.00. -"'''!J tJIe fJ._ ~ (5_) ~ihle tlIe
- of ~'.'7'75.00. of vldch tIMt _'8 1/_ __ in tha _ of a J.oa8 by
wiJIdlItODl or tOJ:Dlldo ia $5.530.55.
8. I'."r....,.~. T.....'ozd 8Dd. reuant ~ aDd. P.Z8e that tile T..-"'....""I!
aJaall DOt be liable to tIMt "1"eIIaDl; DDr to allY ~ - e_._ for allY iDjuzy.
J.o.. or'" ga to -r ~ or ~ ill or apaa the PE-" ... 1-1<Ira411111d 1et,
aDd the _ a_s all 1 t...., 'cr for _ _ . I of allY eaaIa injuzy. loes.
or daRage, aDd td.U at a11 ~ 4_.a f~ aDd. .... "'__1... ~ T..nrI:'I....xd for
fz.:...s LiJ f...-t a11. '4.hf14ty, A j_. fIDII -.:p-o-., -- It' by or ~ out. of
allY iDjuzy. 10.. or.... r. to JlG- or ~_LJl' ...- tile ~_ IIezebv
1_ 02: let 4ur1JIg tile t_ hereof. eub:Ject bo.......:c to tJIe liaitatimuo i-.po..,d
by 1768..28, W'1ft'r'fda, .........,.....
.. .. - ---- OW ~. Utez' ~~ iii -..~r.1iIIIdar tb1.e Lease....
beg1mU tha _ fails to ~r tdth allY of tlIe coon. of tMa __ _ __
de1:ault c:aal:iIwaa 1d...- z-o-- ."'.. j1l8tUicaU_ for f~ (15) days after
_ice to care the de1:ault. tha .T......'OX<I 8balJ. !lave tJleapticm of dac1ariDg
t:-.~.... right of -r~"Y t.........O:ed .lIIId 8balJ. be eDtJ.tled to' ~'.te
_taoa of tIMt PE-"-- or _ · ".te __.i_ ............f. .. the case IIiglat
be. tdthoat forieJ.tiDg 1fhat:ever further right the LaDdlOX<l' -.y __ to ..- g...
for bEeach of r.aae. Jrotice ~ for in t:hia 1'""'.. ".. 8balJ. be gt._ eJ.tber
(a) by poetiDg _ tha ~ of tile pl.' '.... ,-..... lIIId let. in vldch case DOtice
II!Iall be ~1lCti". _ tIMt date tJIe ~_ ia posted. or (10) by 1IlIj.ted states IIaiJ.
by either certified llail or ......1.. llail. .._. -'pt .........ted. aDd II!Iall
begin to XUD OIl the date _tJ._ 1. del1veD1d or tha date dell'ftOr]/' 1. f:1ret
att....ted if del1'l1eZY 18 xefaaed. Jro ,,_. ~. or 1apl1ed. by t:be T......'OX<I
to a !Keach of allY of the ~ ~~..--1I IIezeiD 8balJ. be"l II to be a
wai'ger of any 81ICCa .....~ bxeach of tJae ._ or any oI:ber CIJ9'I!II8IIt caa.........-1I
henoin.
10. I., _~.. ,---"""--, '!be LeII8e td.11 teztdaate at the ....,....- of
eitller tile ....-wt'l0'D! or t:Jae .........t U the PE-" ....,.. """"""'" _..'ft......... abl..
~ of ~..... --dOll. fize.. 1Im:riC8De, riahag~, aeer"wv -.ter,
to>:Dedo. or otber caavalty DOt the fault of tbe .......t.
u. .............,...... &1""---- 0- -."~1 '1be 7eDaDt will &11011' tbe LaDdloxd or
auy egomt of the T........^""l! duly ""'...,.......s in vd.t1Dg. to eater _ the ~_
for the l- .,a_ of ~ at r--w --"'e U- _ cIar.lDg the llUlt: ~ of
thi8 loeaae 1d.ll pezm.t tile postiDg oI! cuaec.a:cy .!!Or _. or .!!Or lIale" tdgaa,
BDd after ~"""''''. DOt1ce v1l1 pezm.t tbe T......'OX<I or h1a _1:8 to. ebaw the
~e. to prolIlMlCti_ _. or paz:ebaaeza.
1.:11. ......... aa _ - I -ledges the!; tbe LaDdlOX<l hlI8 a ....ter key
to tile pr-'._ IUId the _ __alr -......et.. COlNlIIaDbI. _ agrees tbat
the locka _ the __-. will _t be ".... .Ill.! vitbout t:be __ ~- of the
T.....uozd in wr1tillg. Xf a bazglar alaza 18 ~-"... _ t:be PE-"-- the_
agJ:ua to 91_ tJIe LaDdlOX<l a by to the buxglar alera ayat:em.
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13. ~ &8 ..........-. 'die -.at; has DO authority to..n auy
al.tezuatioDs to the ~_ OJ: to Uocur allY debt OJ: ..n allY ~ agaiDat the
LaIIdloxd to ~t. allY lien ~ the leased ~_s for any work doDe or
-.tmoial.s ~_ witllaut the _8 COIUItmt of the LaDdl.onl in writiDg. Any
fixt_ illBt811ed lJy the _t Bbal.1. be at JI1s _ ~- aDd t:lMm CIIIl.y with
the LaIIdlord's .......- in tIrl.tiDg aDd Bbal.1. be aLfiJlied in .. -"T 1Ihiell will DOt
... gr the buiJ.diDg aDd Bbal.1. bee,... a part of the ~ld UD1ess otlleJ:1dse
",,".e..d in writiDg. In the _t auy fixture __ to be 4_.64 OJ: other
peracmal property of the _t is DOt 4.......cd at the ~tioD of this Lease
the LaDd101'd. ~ tzeat t.htt _ _ .?-'II!II~ ~ .. aDd. -.y at the T.-ftA'ord". cption.
charge the _t the cost actuaU.y paid for >._...J. or l:.1:eat said f:l.:ld:ure or
perscmal property as a gift to the LaDdl.ord aDd notain the _.
1.. ....... _____n. _.. ,___..1_, 'But TeDeDt i. DOt to suffer any
holes to be drilled OJ: _ in the ezteri.or of the buJ.ldiDg. DOr auy placa%d to
be pJ.acea ... the _tel: -u.. DOr allY sigD8 to be OIl the ~_. --'" _
as the '-....'ord Bbal.1. 1IJIlIZO"'. aDd t:lMm only in _ell place aDd so affixed as
sball be appZOftd by the LaIIdlord aDd BlIall first be prescribed in writiDg.
15. Dzal
... UDless the -.at; is _t fna pa_t of sales ta2eB. the _t
agrees to pay to the '......nord .....th1y. 811 sales tlueS iIIposed OIl the xent81 of
the 1..... ~.... as _11 as the sales ~ ... tboBe other it_ paid -.:
this LDSII . -.....,. that the plorlCla ~ of lb.u---e baa defiDad _ .....
upcm1lhic:h the sales ~ az:e due. 'die fl.orida Sa1es '.razes BlIall be paid to the
LaIIdloxd each ~ with the .....thl.y rental. clue.
8. -...: IIgZeeS to pay to the LaIId10rd _"h'y. 1/18th of 811 ad
~ ~ ....sed OJ: cIIarged .p...-t the ~._ in aDd ~ which the
1eaaed ~s_ is sit_te. beiDg the 1aDc!s set forth aDd described OIl the
attacJwd lI:IlII.U>it ..11... -.at; ..,... u to .~~ l/12th of l/18th of the esd.-.ted
ad Y1I1ozea ~s h~.sed... the 1aDd8 described in Bldaibit ."". 1d.th the LaDd10rd
_thl.y. 'die ""'-4...ut. ad ....lorea tax e8CX<* is $85.00. per _tho
11. UD .. AD~. ~ CD' ..-- . 'l'be "reDaDt 8ha11 DOt ..sign or
sublet the pr-l-.., cIuriDg the initial. tenl bereof. or any ~s t:be%eof,
without baTiDg first obt--....... the tIrl.ttell ('ftR- of the '-'oxd. U cIuriDg the
initial. _ u.r.of. or allY r- ...1.. thm:eof. withoat c:au8e aDd withoat haviJlg
preatmted .. BUitUll. aasigzaee OJ: sub-............ (Wbat CODBtitut.. a "BUitabl.e"
...~ OJ: sub-t_ Bbal.1. be in the BOl. .u..C%eti.... of the '......'ord bat BlIall
DOt. be ~--hl..l. the _ _tea the ~_ it sba11 be the duty of the
LaDd10nl to m.tigate "-gr. by either (11 teDliDatJ.Dg this Lease. in which _t
the rent BlIall abate f.,.. the date the Lease is t-..ated. or. (21 .by -"'''!J
....zy reasCllll&bl. effort to no-xent OJ: 1.... the ~_s to a BUitllb1e bmant for
tbe.l: -......,.. of tbe 1_ ttlZll as agent for tbe -...:. '1'eDult lias posted a
$500.00.... 3a BDd lock ~h_~ deposit.
17. _.,.... _ D ..........~ DB8 ~ OW' __. QII%Ir.I!i ....u........ AIID
J.OCIIL LllIflh 'DIe _ _ thet he wi11 use tbe ~es in ~liaDce
with al.1 la_ aDd ordiDaDceB appl.icab1e to the leaaed ~_ aDd in a _r
that will. DOt iDczeaae the Uxe iDeuraDce rat.. ... tbe buJ.l.d1.Dg in td1ich the
lea&led p~ses is located. l'"or the pw:pose of det~.--4"."!J_ther tBllaJ1t.s use
is such as to xesult in ... 1Dczeaae in the fixe iDeuraDce rates. it 1s _..-
that the preatmt the iDauraDce rate is predicted upcm the baildiDg in 1Ihich the
leased ~s.. 1s located is beiDg WIed so1e1y as ... office aDd xetall COIIIPlex
DOt involviDg the CODB1IIIIlti.... 8al.e. storage. or use of ~l. gaaes.
_tmoiale. OJ: pzodDcts. BDd -.at; ~. _, aDd agreea to use tbe
premises IIOle1y as ... ofUce aDd retail space DOt iuvolviDg the CODSUIIIption.
aal.e, .to2:age, or 1188 of iDf] ""'e ga8_, materla1.s, or prodU.cta.
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'l'eDant fu:rt1Ie:c agxees DOt to use the p~_ in 8tICh a _......~ a. to di.turb
_igbboxs IIDd DOt to a-'-te jUlllt, trull, dabr.La, or any other _tter or
..teriaJ. lUXJIIDd the exterior of the preooia... 1'IIe ._...n om <:IDgeIIlIDt:s that the
TeDant upon COIIp1.yiDg 1dth the t_ of this Leue IIDd OIl peyiDg the ~t
provided for I>e%ein, ehal.1. pooaee....ly IIDd ehal.1. quletJ.y ha_, I>ol.d, IIDd enjoy the
premises 1....ed IIDd 1.et hezeby for the fuJ.l texa of this Lease IIDd 811. ~_. ~B,
if any, t:lIereof.
18. ~ ~ ~.- .. 'rt.e i. of the e.1HDlCe i.a. the 1B&tter of
~...ai_ of the ~..., IIDd the faU.ure of either pll%t:y to peZloit
~.etlsiOll t:lIereof ehal.1. enUtl.e the off......... party to any"- 9"'.
provided by 1.&.. ~ Jo.."..,y..r. if iDitiaJ. pee_sLon 011 the date provided
i. deDi_ tha TeIIlUlt ..........- of pee_aLon by thiJ:d parti_. or othexwi.. th%augh
DO fauJ.t of the ._...".....s. the _t _. upon beiDg so deD1ed ___iOl1 for a
period in excess of thirty (30) days teZloiDate this Lease by DOUce to the
x..DdlOJ:d IIDd if _ t4lZll1Dat_ the 'l'eDant ~ be 8DtJ.t1.ed to a ","turn of any
..mey paid UDder this Lease.
1'_ . ...., 'l'be T._.vn~ ~ autJ:Ioz:1... aD agent to act 1D hi. stead by
giriDg aucIa egeaJ: a writt_ ~f-JU:toJ:IIey, gomeral. or epeciaJ.. to act in 811
_ttera 1dthin the purview of this z.aee upon furDJ.1IhiDg the TeIIlUlt a algD1l4 IIDd
DOtarll1ed copy of aaid writt_ _-of-AttOZD8J" as pJ:Gri,ded for ~.
AttoXD1!1Y8 -OSagec! by the ._...nOJ:d to zepzeaeDt the x..DdlOJ:d. Uceaaed to practice
tha State of lPl.or1da, abal.1. DOt be noquired to furDJ.lIh proof of their authority
to act OIl Ioehal.f of the x..DdlOJ:d.
20. ....... -----. _. xu. tile trYeDt that tile T.......'ft"'1! or the TeDaDt ...t
ttDgiIge the services of ... attozuey to eufoxce any of the tez8a of this Lease. it
i. ezpzeas1.y CODtracted, COV8IIlIIll:ed, aDd agreed. by aDd bet1I.11l the .......,"Td aDd
the _ thet the ~ pazty in any __ actlO11. ehal.1. be em:lt1.ed to
~~y"'" t:htdr :r:--h'. attozllll}nl' f_ .. wel.1. .. the C01U:t costa w1dch Idght
be ~i'"-'\c-l to a su:1t t...~ for the ~. _ u._ of ~t of any or all of
the te.... of this Lease. Xl the .........OJ:d ~ be ... a\c\c~-at-l.aw, x..DdlOJ:d
_y -.grgr- ~.1.f.
31. ..--- DDOIID aD raOCK .1I\ooi:I'" _ _. 2!le _ i. xeqaized to poet
a deposit of $500.00, to first be appUed t:.-J:d the cost to the x..DdlOJ:d to
repair any". r to the UIlit ~ _tLcm by the _. _ .-......"y to cover
the cost of cbaagiDg tha 1.ocka to the UIlit. 1'IIe..... of Uoeae doIpoeit lOCII1ie.
1IlIal.1. DOt be the .....1....1_ ~ iIy of the 'I"-...non-! in the ~ of"~ 3. to the
UDit by the "--"\c, its gaeata aDd 1av1t:eea. Ally .~..... deposit ehal.1. be
zet:UDUId 1dthin 30 days of _t.. _tLon of the ~.e..
32. _ 01' , . . IIbDal.d the ......n0J<'! ae11 the zeal. px~t:y upon
w1dch the p~..s 1........s aDd 1.et beJ:eby is l.ocated, the pa%CIuIaer a.. the
Laadl.OJ:d ahal.l. JIa_ the rigid: to t-..-te this 1._ ...... R. upon IliDety (1101
days _tice to the _t(.I.
23. _ft-.- _. 8bo1Il.cl tJIa 'l'eDant hol.d ov.r poaa...iOl1 of the ~...
beyaad the tapizati_ date of this 1._. or any reDeWal. thereof. 811. of the
~ aDd COIIdiU..... of thia 1._ 1IlIal.1. app1.y cIarlJog any period thet the TeIlant
ooigbt 1>01.4 ov.r, except tJuat the .-..."OJ:d ~ _ the rigid: givwn by .S3.06,
I'l.orida ---t... to 4oabl.e the nIIlt for any period that the _ ho1.da
_.e..iOll of the p~_ heyoDd the l.eIUIe tera. or any reDeWal. thereof.
24. .u.vIld........z:tW. 'fhia Lease ehal.l. be subject lIIIIi auboJ:diIlate at al.1.
tS- to the 1.1... of ezi.tillg .-rtgllgell aDd ..rtgagea oddch hentafter _y be _
a Usn OIl the p~se.. 'l'eDant expze..1.y agzeea to ezec:Ilte lIIIIi deJ.iver _
fu:rt1Ie:c iDst~. required to II1IbOJ:d1Date this 1eaae to the 1.i_ of any II1Ich
~.. as ehal.l. be daaized by any ~e.
-5-
16G 1
25.' -"'u.'. 'l'he _ _.~y ~vea the right to share in any
rnn~ -tion awaJ:d ~O%: the "...~_. t.a1 t:-";;.J!; of all. or any part of the p:Eellli.ea
~.........t aDd let hezeby. aDd 4UIp......ly :ves the right to share in any
."..... -tion -.:d ~or a gove:n:aenta1 ta"4"!J o~ _y portion of the pJ:Operty
described in Jbdl1bit """.
26. uu..rD.
2., . Daf.lWr~ ......._:r.aa. '!he LaDdl.oxd aDd the TeDaDt each ackDDlrl.ecJge
tbat this is a "ahopp:blg ceat:er ~_e" aDd that .. such it is in the best
iDtezeat of the LuIdlozd. the _. aDd the otber teaants in the shopp:blg
......ter to have a IIix of teDaDt. in the abopp:blg ~"..r. _ that it ia for this
reason. lmllI2g otbez8. tbat thi. 1_ ill DOt f%ee~y ...igaableby the _to BIId
-y ODl.y be ...igaed witb the ............ written ccmaent of the LuIdlord. to a
COlllIIAtible. CCOIIplU:able t:--.. appzmnId by the LuIdlord. in writ:blg. _t shall.
cmuotitute a "COlllIIAt1ble. CCOIIplU:abl. ~t' abal~ .be in the IIOle disczetion of
the LuIdlord.
ae. 'I'Jt&8JI ..........- ",. -.
A. 'l'he _ e>rpnIIBly agree. DOt to 1_ any tra8Il 0%: lP~~:J8 on the
ezt.erior of the ~.... '_~ mill let hezeby aDd 1IIIderataDda aDd -sxees that
aU tra8Il gm>erated on the pzeod._1I _t be depoeited in the eaeloaed dmIpIIter
located i>a the ~ezIl" - of the _er on Bayabore Dr.I._. 'l'eDaDt
further ...~_"B thet any tr88h or lP'-'gs o~ a per.l.llhable Dat:axe i. to be placed
i>a &ix-tight p1aatic bIoga Joefore be:blg deposited in the dUllpater C011taiue>: to
avoid any UDpl...._t odoza.
B. _ ........._ly agzeea _t to __ the tr88h r"- . t"ocol_ on the
walltwaYl' in fzoDt of the 1mi.tll. tboee tr88h xec.ptacl_ be:I.Dg _uu...d lIOle1y ~or
the use o~ the pat:zaDa of the .""whV _er aDd DOt fox use by the _B.
2'. ...........,.. _I 1'be 'reDa:Dt ~1._.1y --tTtK"ta. ccweDIUIta. .uad
agree. DOt to place in the . tr88h receptacle or ~ter any ha.~
_t. .. defu...t by Stat. mill "Ijllr.u. Law, mill to diapoee of aU haaardaua _te
in the -yo pzeacxihed by state aDd hdexal Law.
30. CD --.. .., . ~,.. .1*_...4~ . Xt 1.. expze.a1y ~...--4 by aDd.
.bet_ the .......nozd aDd the ~ that .,.....004.., LacJ.J.1t1ee ... the _4-.. ant
__sltly,proll1btted. _ that the _ will DOt cooIt or have any -4,
facilities of any ItiJId on the ~_.
31. m...... .- D _. '1be _ oapzeJIB1yagree. that DO _"i, will
be ~tted ill the 1mi.t 1-..... aDd 1.t hezeby. If the _. ita guests aDd
iIlvlteea. do .... in the 1eaaed 1mi.t. the .-......OD! _y t--ate this LIIASB
. : I _I'. _ -.at 4191 L s. to pay for r,>'." 't of the aiz-aaaditiODiJlg 1mi.t
aDd cluctwoxJr. to ~_'a t:oacco IIIIOb aDd :residue. aDd fox the cbeldcal txea......t
of the unit to ~_'a IIIIOb odoza. zepl.ac ... of the .,..414,. "'"Pla---.,t of the
flooriDg. _ the paiDt::bIg of the 1mi.t.
32. LaB ....-. Ally..... due mill payab1.e 1IIIder this ~ that axe DOt
received withill fifteen 115) dayJo the due date aze aubject to a ate fee of
fi:ve percent (5') of the lat_ pa_t.
33. ""_____'1' . At the end of the 1.Ili.t1.a1 l_e tera. if the 7eIuU1t aha1.1
DOt .be ill Yio1aticm of any of the 1__ ~ aDd caaditi...... the _t is
hereby graDl:ed lID CIJPl'ion to x- this LoIa8e fox _ additicmal. per.l.od of t_l......
(U) -...... by uot.ifyiDg the LuIdlord ill writ:I.Dg. by certified Mai1. Iletw:u.
Ilec_ipt __sted. at 1......t sixty (60) daYI' prior to the "--<..ation of the
initial ~e"e teDI of it. iDtention to do BO. Al.l of the tezw. __ COIIditioDII
-6-
16G 1
of this Lease sbaJ.~ app~y dur:l.ug the -~:r, _u te>:lll. except that the base _nthJ.y
rental 8haJ.~ be 1ncreaeed to $895.00, per IIlODth.
301. a..----- - m ~I(. ~ .~........ 'DIll PDI1taL. tIbere referellC:ed
are -.1e to the "LaDdl.ord" aDd the "_" the ._ shall be COIUItzued for the
81ngul.ar, the p~uraJ., :LDd1v1duaJ.. or body cozporate. as the context requ1~s.
35. T_.....'I'~wn AJID 'I'aaJr.r'S .........-_ ... ~.
Land~ord' S Jlddres8:
Tenant'. .Address:
SU1.te Ifo. 30:1
900 sixth Avenue SOUth
B8p~e.. F~orida 3.~O:l-679:1
llDit Ifo. 17
27.0 BayBboz:e Dd.ve
Jrap~es, F~orida 3.112
36. DZ _"'......carxaIf -.a. 'l11e Tenant.s Social. Security or Tax
Identification IIUmber i8: Ifot AlmJ.j~.hl..
BY 8:tU%MIJ ~ 'LaD So -- ... 'BIll ~ ..- ft&!r 1mOII' ...-----u oa
..awr..._ .. AS ..........-u H ~ ~, 2IDI 'l':a....~ 8Ba:LIi .:r.r .. T.TaWlT.. OR
-~~ ..oa ~ oa D..............."..~ 01' 'm. ..........8 '-"""''1'. JtJlO...-;rr.
Dr ".........8 _M_~-lP, the Tenant bas execnted this LIIIlSB .""'--......r this the
_ day of February, A.D., 2007.
A"ftBS'l',
BOl\RD OF '-VWIIU cn-n-~'n:ClIIBRS OF ('nT.. T~
eou.:a:~, PlJl"lDTna" S.L:.u;..... AS TBB COLLlBR
Cvu.-.a;.z ~"';.L;Z ....ySU)PIIBJIT AGBJICY,
'l'IlIIllII'1'
~' .
By: . t ... . ... ..
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~y. of .February. 'A.D.
Bxecuted in the
By:
t ..fa.. ~
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this the
UI'a09ID) AS m .oB &lID LIIGIaL .UE....~.1
'"t1)~.... 111. ~,I...d. -~
tlW:.~c......~- ..;C;~ rL.'~
C~..l""
......anun
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A ~ of laDd be1Dg a porti.... ~ Lots 37 aDd 38. IIlIPLIIS GIlOVJI AIID
TJlUCIt OO'S LXft'LB II'AIIIIS. m. 2. accozdiDg to the map or p1at thereof
recorded in pl.at IIOOIt 1. Page 27. of the Public Recozda of COl.1iex
County, 1l'1orida, .-ore paztic:ul.arl.y de8c:rl.hed as fol.1......,
n:oe the _t corner of aaid Lot 37, l<'lDl ....terl.y a1cmg the
South 1iD.e thereof for 25 feet to the .....t 1iD.e of Kelly Road;
theDce B'orth, 228..6 feet a1DDg said ....t llDe of Kel.l.y Road for the
PODI'1' Oll .......--.-. of the parcel. berein de.c:rl.hed; tIJence South 89
o..",~.... 53 IliDutea 50 SecoDda .....t. 762.11 feet to the ...t Une of
said Lot 38; thence south 0 Degree8 06 IliDute. 10 8ecoDda ...t.
189.39 feet al.oDg said ...t u..... of said lot 38; th........ .orth 89
Degreea 55 ..~-te. 50 see.n"- Bast, 761.77 feet to the ...t l.iD.e of
Kel.l.y Road; th-.... B'orth, 188..6 feet aJ.cmg the _ llDe of blly
Road to the JilODI'l' 0J1 ......-...... of the parcel. herein cle8crlhed.
ALSO DBS""'TD'IPI'l AS:
A parcel. of 1.aDd beiDg a portiOll of Lots 37 aDd 38, DPLBS GIlOVJI AIID
TJlUCIt CO'S LZT1'L8 DJIIIS, m. 2. accordiDg to the _ or pJ.at thereof
recorded in PJ.at IIOOIt 1. Page 27. ~ the PubJ.ic Recozda ~ COl.l.iex
county, l!'1orida, ...re particu1ar1y de.cribed as f011......,
Il'1xa the Southeast coraer of said Lot 37, l<'lDl .....terl.y aJ.cmg the
South 1iD.e tberecf for 25 feet to tbe _ llDe of Kelly Road;
theDce B'orth. 228..6 feet al.oDg .aid ...t llDe of Kelly Road for the
PODI'l' OF _........... of tbe parcel. berein cleacrihed; t....~ South 89
Degree. 53 IliDute. 50 Sec:oDda .....t. 762.11 feet to the ..st J.iD.e of
.aid Lot 38; t~ South 0 o..","'~.... 06 llimltea 10 seccmda ....t.
189.39 feet al.oDg .aid Weat l.iD.e of said Lot 38; thence B'orth 89
Degree. 49 1liDute8 40 lIeCoIIda Baat, 761.77 feet to the .....t J.Jne of
Kel.1y Road; t.,....... Jrorth, l.88..6 feet aJ.cmg the Weat J.iDe of bl.l.y
Road to the PODI'l' OF Is..... - UN of the parce1 herein cSe.cribed.
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01/16/2008 14:00
239-262-2891
L N INGRAM III ATTY
PAGE 01/01
161' 1
L.N. INGRAM, III
Attorney.at- Law
Suite No. 302
900 Sixth Avenue So.
Naples, Florida 34102-6792
Telephone (239) 262-4121
Telefax (239) 262-2891
FACSIMILE TRANSMITTAL
Date: Janlllll'Y 16, 2008
NUMBER OF PAGES INCLUDING THIS COVER PAGE: 1
THIS TRANSMIIT AL IS BEING SENT TO THE ATTENTION OF:
NAME: David Jackson
Comm. Redevelopment
FAX NUMBER: 775-4456
FROM: 1. N. (Larry) INGRAM, ill
This fax will act as my acceptance of Bayshore Cultural Arts, as a sub-tenant of Unit 10, 2740
Bayshore Drive, Naples, Florida, for as long as all other conditions are met lease een
the Collier County Board of County Commissioners and me. I received ill a r riate
certificate of insurance from Bayshore Cultural Arts. Thank YOIl.
******** *
THE INFORMATION CONTAINED IN THIS FACSIMILE M AGE IS PRIViLEGED AND
CONFIDENTIAL INFORMATION INTENDED ONL V FO E USE OF THE INDIVIDUAL
OR ENTITY NAMED ABOVE. JJI THE RECEIVER THIS MESSAGE IS NOT THE
INTENDED RECIPIENT, YOU ARE HEREBY NOTIFlEP THAT ANY UNAU11l0RIZED
DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS
STRICTLY PROIDBITED. IF YOU HAVE RECEIVED TRIS COMMUNICATION IN ERROR,
PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AT (239) 262-4121. IF A LONG
DISTANCE CALL IS REQUlll.ED, YOU MAY CALL US COLLECT. THANK YOU.
~)(""\~.-\ ~
----".-..-.--.------.~--..----- ----."--1- ._~
161
, "" i'*
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. '--.'"
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORESPOPNDENCE
January 29, 2008
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Districts:
1) Collier Mosquito Control District:
District map, meeting schedule for 2008 and Final Annual Certified
Budget for 2008.
B. Minutes:
1) Collier Countv Planning Commission - Form 1:
Agenda of January 3, 2007; January 11,2007.
Minutes of October 26,2007; October 26, 2007-LCD; November 1,
2007; November 26, 2007-GMP Special Meeting.
2) Contractors Licensing Board:
Agenda of January 16, 2008.
3) East of 951 Infrastructure and Services Horizon Studv Public
Participation Master Plan Committee:
Minutes of February 12,2007; March 19,2007; April 16, 2007; May
14,2007; July 9, 2007; September 10, 2007.
4) Environmental Advisorv Council:
Minutes of November 7,2007.
5) Isle of Capri Fire Control District Advisorv Committee:
Minutes of January 4,2007; December 6,2007.
6) Land Acquisition Advisorv Committee:
Agenda of January 14,2008.
7) Pelican Bav Services Division Board:
Agenda of January 9, 2007.
8) Public Vehicle Advisorv Committee:
Agenda of January 7, 2008.
9) Utilitv Authoritv - Form 1:
Minutes of March 26, 2007.
2. OTHER
1) Minutes of The Hearing of The Collier Countv Special Magistrate:
Minutes of December 7, 2007.
2) Clam Bav Committee:
Minutes of November 21, 2007.
Deecmber 19,2007
F.:-,< ".
Mr. Dwight E. Brock
Clerk of the Circuit Court
P.O. Box 413044
Naples, Florida 34101-3044
Dear Mr. Brock:
..._n_tfJ+__l-f\-+,
Collier Mosquito Control District
600 North Road, Naples, FL 34104-3464
Administration: 239-436-1000/239-436-1005 (fax)
Hangar: 239-436-1008/239-436-1007 (fax)
n www.collier-mosquito.org
: ,~, :
i'Dfl!
,\9'l.02122<,;>
~) ... <~
I~ '1' ~6'
!~ ~
I~ DEe 2007 ~
~ RHl\VEll }
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6- ,,/
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'''il11(~~:: ',-,n;,r-:;
Enclosed for your files please find a map depicting the current District boundaries and
also the approved meeting schedule for the Collier Mosquito Control District
Commissioners for 2008.
I am also enclosing a copy of the Final Annual Certified Budget for 2008.
If you require any additional information, please feel free to contact me.
I~nc~,
~r', ' \,
': i,.' \~/J\
'y J. Welch
Director of Administration
Enclosures: 3
Board o/Commissioners:
Jeanne E. Brooker, Chair
Linda M. Hartman, Secretary
Jacquelyn D. Fresenius, Treasurer
Robert D. Geroy
John F. Johnson
Mile. CoIIeI:
I' 4
0aIlI: t t.,.. -->-
\,A
Item.:
Copies to:
Executive Director:
Frank Van Essen, Ph.D.
Spray Schedule: 239-436-1010
Immokalee Substation:
195 Airpark Blvd
Immokalee, FL 34/42
239-867-3200
J
Z:\^dmin\Word\Budget\Cnmrliance Ltrs\Sept\ckrk of Courts mtg schedule ltr.doc
1-'------.
~page 1 of 1
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1972
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1189
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. Excluded Areas
. .. j~f:w,~
50+ Years of Expansion
-------,-.-'..... .
161
1 AI
Collier Mosquito Control District
600 North Road, Naples, FL 34104-3464
Administration: 239-436-1000/239-436-1005 (fax)
Hangar: 239-436-1008/239-436-1007 (fax)
www.collier-mosquito.org
~
2008
MEETING SCHEDULE
COLLIER MOSQUITO CONTROL DISTRICT
BOARD OF COMMISSIONERS
Meetings will be held at District Headquarters, 600 North Rd, Naples, FL.
Dav of Week Date Time
Tuesday January 22 10:00 a.m.
Tuesday February 12 10:00 a.m.
Tuesday March 11 10:00 a.m.
Tuesday April 22 9:00 a.m.
Tuesday May 13 10:00 a.m.
Tuesday June 10 10:00 a.m.
Tuesday July 1 (Budget Meeting) 10:00 a.m.
Tuesday July 8 10:00 a.m.
Tuesday August 12 10:00 a.m.
Tuesday September 9 5:01 p.m.
(1st Public Hearing) ·
Tuesday September 23 3:00 p.m.
(2nd Public Hearing) · 5:01 p.m.
Tuesday October 14 10:00 a.m.
Tuesday November 25 10:00 a.m.
Tuesday December 16 10:00 a.m.
· Tentative meeting date
Jeanne E. Brooker, Chair
Board of Commissioners:
Jeanne E. Brooker, Chair
Linda M Hartman, Secretary
Jackie D. Fresenius, Treasurer
Robert D. Geroy
John F. Johnson
Executive Director:
Frank Van Essen, Ph.D.
Rev. 12/12/07 EKG I
-----~
Spray Schedule: 239-436-1010,
1mmokalee Substation:
195 Airpark Blvd
1mmokalee, FL 34142
239-867-3200
161
....~<
.,"
STATE OF FLORIDA
Department of Agriculture and Consumer Sarvle..
Division of Agricultural Envlronmentlll Service
(8&0) 822-7011/SunCom 292-7011. Fa. (8&0) 413-7044
Bureau of Entomology and Pest Control
1203 Governor's Square Blvd GS-46
Suite 300
Tallahassee, Florida 32301
CHARLES H. BRONSON
ANNUAL CERTIFIED BUDGET FOR MOSQUITO CONTROL
COUNTY / DISTRICT Collier
FISCAL YEAR OCTOBER 1 2007 - SEPTEMBER 30 2008
, .
RECEIpTS
Acct# Descrlbtlon TOTAL LOCAL STATE
3.11 Ad V.aor.m (Currant/Dellnauent) 5,011,101.00 5,011,101.00 t?fk:;:::'F:!:i!.~3~,c'i'fi':;;'/2W,i':1l{r"
334.1 State Grant 37,000.00 ~;;:'~t ,:~;!};!i"~i:~:.k~~.J3Q'.':,~:: 37,000.00
362 EoulDll18nt Rontala - tt:::0:F'i1:::!"!r:~~:'ri,\~~~~ -
337 Grants and Donations - . -
381 1_ Eamln.a 190,7&0.00 190,000.00 7&0.00
3S4 Equipment Indlor Other Sales - ('i. -
361 MlsclRefunda (prior yr expenditu....) 500.00 - 500.00
380 Other Sourcn - .. ~
388 Loans - - liii'i<
TOTAL RECEIPTS 5,239,351.00 5,201,101.00 38,2&0.00
Bealnnlna FLirlctaallince 5,004,584.00 5,003,684.00 1,000.00
Totel ud ota Recelt8&S."nces 10.243,935.00 10.294,58MO 39,250.00
EXPENDITURES
Acctt# UntformAcCQuntlng System Transaction TOTAL LOCAL STATE
10 Personal Services 1,894,828.00 1,594,528.00 -
20 Per Sa.. Benolll1l 1,250,010.00 1,280,010.00 -
30 Ooaratln. Ex..n.. 4&0,872.00 4&0,872.00 -
40 Travel & Per Diem 64,315.00 64,315.00 -
41 Communication Serv 28,500.00 28,500.00 .
42 Frelaht Service. 28,100.00 28,100.00 -
43 UIIIIIY Servlco 49,280.00 49,290.00 -
44 Remle & Ln... 88,798.00 88,798.00 .
45 In.urance 285,124.00 286,124.00 .
45 Repel... & Malnt 951,402.00 951,402.00 -
47 Println. and Blndlna 37,500.00 37,500.00 -
48 Promotional ActIvltlea 64,&00.00 54,500.00 -
49 Other CharaH 12,000.00 12,000.00 -
51 0IIIce Suoo'les 88,010.00 88,010.00 -
52.1 GuollnolOIULube 1&0,555.00 1 &0,558.00 .
52.2 C_1a 1,245,917.00 1,207,417.00 38,&00.00
52.3 ProtacIIY8 Clothlno 5.500.00 5,&00.00 .
52.4 Mlae. Suoolles 69,400.00 69,400.00 -
52.5 Toola & ImolomonlS 6,000.00 6,000.00 .
64 Publications & Due. 47,207.00 47,207.00 -
80 eaoltalOutlov 183,500.00 183,500.00 -
71 Prineloal - - -
T2 Intereat - - .
89 Contingency 'Current Year) 875,102.00 875,352.00 7&0.00
89 Payment of Prior Year Accounts 500.00 &00.00 -
TOTAL BUDGET AND CHANGES 7,468,631.00 7,429,381.00 38,2&0.00
0;001 Ruarv.. - Future CIDItaI Outlav 1,000,000.00 1,000,000.00 0.00
0.002 Reaervea . Self-Insurance 700,000.00 700,000.00 0.00
0.003 R...rvea . Cuh Balance to be Carried Forward 800,000.00 800,000.00 0.00
0.004 Rnervn - Sick and Annual Leave Trana Out 275,304.00 275,304.00 0.00
TOTAL ~$ERvE9 ENDING BAlANCE 2,775,304.00 2,775,304.00 .
TOTAL BUDGET",", EJ(PENDITURES AND BALANCES 10.243.935.00 10,204.885.00 39.2&0.00
AUTHORITY: Chaptar 388.341 F.S. CERTIFIED BUDGET DACS FORM 13817. Rov 9103
I certify that the budget shown was adopted on thls18th Day of September 2007.
SIGNED: DATE: Seotember 18. 2007
Chair of the Board
SIGNED:
DATE
2007
Bureau of Entomology and Peat Control
State of Florida:
County of Collier.
I, Stacy J. Welch, a Notary Public, certify the signature of the contractor on the foregoing
and the document is a true, correct, complete and unaltered original of the Annual Certified Budget.
Notary Public
My Commission Expires: 13-Noy-2010
1 AI
~il~II:" ':!J;j!----~ 16 1 B
~ fW07
~~ny~:n9~ ~ _~_= AGENDA ,'.'l",'C' ,i'..'" ',', , cU
~t '."" "..;. ')!(1i~I,~;'SiQr:2rs
C,o!etta 'rfK--/ t"/ M'___
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JANUARY 3, 2008, IN THE
BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY
GOVERNMENT CENTER, 330 I T AMIAMI TRAIL EAST, NAPLES, FLORIDA:
IRE
., ''-0
~ " ; ~......
t~,/ ~~."
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10
MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN.
PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED
IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM
OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE,
WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL
BE SUBMITTED TO THE APPROPRJATE COUNTY STAFF A MINIMUM OF
SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN
PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF
THE RECORD AND WILL BE A V AILABLE FOR PRESENTATION TO THE BOARD
OF COUNTY COMMISSIONERS IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND
THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
I. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - NOVEMBER 15,2007, REGULAR MEETING; NOVEMBER 26, 2007, SPECIAL GMP
MEETING
6. BCC REPORT- RECAPS - NOVEMBER 27, 2007, C.R.A.B. MEETING,
7. CHAIRMAN'S REPORT
8. ADVERTISED PUBLIC HEARINGS
A. Petition: PUDZ-2005-AR-9127, Myrtle Woods, L.L.C, represented by Dwight Nadeau, of RWA, Inc.,
requesting a rezone from C-4, and PUD to CPUD for a project known as the Myrtle Woods CPUD. The
existing PUD sunserted in 2003 and provided for a maximum of 45 residential units and commercial
development on a 5.66+/- acres of land. This rezone request will revitalize the Myrtle Woods PUD on the
5.66+/- acre project and add a 1.38 +/- acre parcel currently zoned C-4 to create a unified commercial
development on the now 7.0+/- acre site. The subject property is located at the southeast corner of the
intersection of Tamiami Trail East and Myrtle Lane. in Section 29, Township 50 South, Range 26 East,
Collier County, Florida. (Coordinator: Melissa Zone) CONTINUED FROM 12/20/07
MISe. Corres:
h,.I'
Date: v.-/" V,)
Item#:
1
J
Copies to
~---,."_._--_.._--~
,
;:iaia _J/{dL-;:-- J."; v, !;~ t REC.EIVED
Halas __"- "z#-=.-- .... 1.1 . J
Hennlngij--h'\t.c- AGENDA JAN 1I F 2008
Coyle -- . --
COI;BIeftcC -'If;(NNlNG COMMISSION WILL MEET AT 8:30 A.M., TIDJRSDAY, JAN19WR~t(.l~"2\'l6'P,nYFr'fl'ms
BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT
CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION
OR GROUP ARE ENCOURAGED AND MAYBE ALLOTTED 10 MINUTES TO SPEAK
ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO
HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA
PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO
THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS
INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE
APPROPRlA TE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE
PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC
WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE
FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF
APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED
A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED.
I. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - Not Available at this time
6. BCC REPORT- RECAPS - Not Available at this time
7. CHAIRMAN'S REPORT
8. ADVERTISED PUBLIC HEARINGS
A. The Board of County Commissioners (BCe) has directed that the Collier County Planning Commission (CCPe)
review and comment on a proposed settlement agreement with Lodge Abbott Associates, L.L.c. (owner of the
Cocohatchee Bay Planned Unit Development (PUD) project) to settle alleged claims arising from a denial of an
amendment to the Cocohatchee Bay PUD. These claims are: (I) A petition for writ of certiorari, Case No. 05-
962-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, and (2) an alleged Bert
Harris Private Property Rights claim. (Coordinator: David Weigel, County Attorney; Marjorie Student-Stirling,
Assistant County Attorney) CONTINUED FROM 12/13/07
9. OLD BUSINESS
10. NEW BUSINESS
Mise, CORes:
Date: It. ,1--
~::-
I I. PUBLIC COMMENTITEM
Item#:
12. DISCUSSION OF ADDENDA
13. ADJOURN
" '5 to
1/11108 eepe AgendaIRB/sp
1
/
16
18
1 RECEIVED
JAN Q b 2008
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JA~JJ~),r~oMl>!?:\ll),mdNn.:HE
BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT
CENTER, 3301 TAMJAMI TRAIL EAST, NAPLES, FLORIDA:
! i!~j
0)
c: ro
(JJ'- aJ'-
_"'_coc-m
c: :>._
'" '" Q) 0 0
tl:IIOU
NOTE: INDIVIDUAL SPEAKERS WtLL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION
OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK
ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO
HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA
PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO
THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS
INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE
APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE
PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC
WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE A V AILABLE
FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF
APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED
A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED.
I. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - Not Available at this time
6. BCC REPORT- RECAPS - Not Available at this time
7. CHAIRMAN'S REPORT
8. ADVERTISED PUBLIC HEARINGS
A. The Board of County Commissioners (BCC) has directed that the Collier County Planning Commission (CCPC)
review and comment on a proposed settlement agreement with Lodge Abbott Associates, L.L.C. (owner of the
Cocohatchee Bay Planned Unit Development (PUD) project) to settle alleged claims arising from a denial of an
amendment to the Cocohatchee Bay PUD. These claims are: (I) A petition for writ of certiorari, Case No. 05-
962-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, and (2) an alleged Bert
Harris Private Property Rights claim. (Coordinator: David Weigel, County Attorney; Marjorie Student-Stirling,
Assistant County Attorney) CONTINUED FROM 12/13/07
9. OLD BUSINESS
Misc. COfTes:
10. NEW BUSINESS n
Date: l~ l l V) (
II. PUBLIC COMMENT ITEM
Item#'
12. DISCUSSION OF ADDENDA
13. ADJOURN -';'::>5 to
1/11/08 eepe Agenda/RB/sp
1
'--' -. -T.--'---..--------
l ,.
,
11"'" \
v J
Page 1 of3
19
gochenaur_r
From: Jay Westendorf [JWest@VANDAY.com]
Sent: Thursday, January 03, 2008 5:22 PM
To: gochenaur_r
Cc: IstenesSusan; SchmittJoseph; ryovanovich@gcjlaw.com; PrismmLLC@aol.com; Corace@aol.com
SUbject: RE: Meeting of 12/28/07
Ross:
Thanks for the follow-up. Let me address your questions one at a time.
First, I don't think that anything that we sent to Ms. Caron changes anything on the SDP's - it was only
clarification. The only "new" information was the 2nd floor parking deck of the high rises now shows additional
detail, as requested by Brad. That is really just more information rather than a revision and it will be easily
swapped out on the SDP's
Second, we're not trying to get the SDP's consistent with the CCPC's previous (December) comments and your
comments yet. I believe Mark Strain suggested that we NOT resubmit again until after the Jan 11 meeting, so we
can respond to staff plus CCPC's comments. I intend to coordinate with you very carefully after the Planning
Commission meeting so we can get these things into a final approvable format, assuming that the BCC accepts
the suggestions that the CCPC makes - keep in mind that things brought up by the CCPC are really only advisory
until the BCC adopts them.
Third, we are proposing, through the County Attorney's office, to incorporate (through the settlement
agreement) the oid R-2 standards into the new, generic R-district, in order to apply to non-high rise structures.
That should clean up the missing regulations for the clubhouse and cabanas. Again, once it goes through the
Planning Commission review, we can revise the plans / tables accordingly with you.
As far as your other comments, I think we'll need to discuss a few things, but I don't see any significant issues.
On Phase 2-6, vou have asked us to remove the boardwalk because it is not inside the limits of the phase. We
didn't move the phase line out, seeing the boardwalk as an ancillary use, with exact placement to be
coordinated with the environmental services staff (language that they suggested and approved). Regardless, if
we need to move or change the phase line, we'll do that, as we intend to keep the boardwalk.
You also commented that we measure the setback to the clubhouse from the columns of the porte-cochere in
lieu of the principle building. Since the setback is measured in this case to a private road / drive, I guess you
don't want to count the drive that goes under the canopy - kind of self-defeating. We'll need to clarify this with
you, but again, not a show-stopper.
Since the potential single family homes on the GC portion of the site are not a part of these SDP applications, we
don't want to show information about them - it will only generate more confusion and comments, in our
opinion.
Can you clarify what you mean by "provide the use of the cabanas"?
We can obtain the architect letter (I think), but should it be required to have a professional sign and seal
something that has not undergone final design?
1/4/2008
._--,,----_.. ---....-,..--.'-....'-"''1'',-..
Page 2 00
16 lIB
We don't really understand Laura's comment on the golf course. She is saying that the proposed CC easements
don't match the PUO master plan. We believe that they match the intent of the PUO. The PUO clearlv states that
areas are conceptual, and that final permitting will determine exact location. The SOp's are reflecting the actual,
permitted location of wetland preserve areas and are following the spirit of the PUO. I don't believe that there
should be any new plan I'evisions required here. If you could verify that, I'd appreciate it.
All other comments are simple to address.
Thanks again for reaching out and coordinating.
Regards,
Jay
From: gochenaur_r [mailto:RossGochenaur@colliergov.net]
Sent: Thursday, January 03, 2008 4:02 PM
To: Jay Westendorf
Cc: IstenesSusan; SchmittJoseph
Subject: RE: Meeting of 12/28/07
Jay
This arrived too late for Craig and I to look over the attachments in relation to our comments, especially with
regard to the clubhouse development standards. My immediate recollection is that the way the PUD areas were
revised in relation to the development standards made it difficult to apply them to the clubhouse. I looked briefly
at that table and, if you can cross reference the specific section of the PUD which addresses the standards, that
would be helpful. I originally thought you might have to create standards through the Settlement Agreement.
As I think you know, Joe committed to getting information to the CCPC tomorrow in preparation for next week's
hearing. I know we won't have the resubmittals in time for that, but when we do get them, it will be problematic if
we have to reject them for any reason. This is why I was concerned about the adjustments to the Settlement
Agreement that I forwarded you yesterday. The changes have to be shown on the site plan, Can you please let
me know if you're confident that you've been able to address all of our comments? This will at least be something
Joe can pass on to the CCPC. Thanks,
Ross
From: Jay Westendorf [mailto:JWest@VANDAY.com]
Sent: Thursday, January 03, 2008 12:16 PM
To: PrismmLLC@aol.com; djreed@comcast.net
Cc: ryovanovich@gcjlaw.com; IstenesSusan; gochenaur_r
Subject: RE: Meeting of 12/28/07
Ms Caron:
To augment what Richard has explained, the following additional information is provided:
1. The setbacks from the proposed towers 4 and 5 (in addition to the previouslv provided distances from
the garages) to the new eagle nest are shown on the attached exhibit #l-Setbacks.
2. As Richard mentioned, the clubhouse / cabana setbacks are labeled on Sheet 3 of the (Phase 1) SDP
dwgs. They are also listed on development tables on the cover sheet of the drawings. I've enclosed a
copy of those tables for your easy reference. labeled Exhibit 2-dev_stds-tables.
1/4/2008
-1' -.-----
161
Page 3 of3
181
3. The sight lines along Vanderbilt Drive to the towers is shown on Sheet 24 of the Phase 1 SDP dwgs. We
also had a color exhibit at the 12/13/07 CCPC, a copy of which is enclosed, labeled Exhibit 3-site-line.
4. A typical 2nd floor plan of the towers is enclosed, showing more detailed information per the CCPC
request. labeled Exhibit 4-2nd-f1-Parking.
5. The cabanas south of the clubhouse are 708 square feet per unit. That is iabeled on both the tables
referenced in #2 above and the floor plans that were submitted with the November 5DP submittal
(Phase 1).
If we can provide any other information, feel free to ask Richard or myself. To ensure everyone is seeing the
same information, I am copying the Planners (Susan and Ross) with this email.
Regards,
Jay
lay Westendorf
YanasseDaylor
12730 New Brittany Blvd., Ste. 600
Fort Myers. Florida 33907
PH: 239-437-460 I
FX: 239-437-4636
wwwv::Incby r.om
From: PrismmllC@aol.com [mailto:PrismmllC@aol.com]
Sent: Saturday, December 29, 2007 3:23 PM
To: djreed@comcast.net; Jay Westendorf
ee: karenbishop@pmsnaples.com; ryovanovich@gcjlaw.com
Subject: Meeting of 12/28/07
Hi Donna.
Thanks for taking the time to meet with Jerry and I yesterday.
You can see that I've copied Jay Westendorf who is with Vanasse & Daylor which is the engineering firm on the
project. He'll provide you with the distances from C019A to the towers of buildings 4 and 5. The accessory
structure setbacks are on p. 3 of the SOPs. The sight-lines for the towers were submitted and Jay can direct you
to where you can see them or provide them to you. Jay will also provide a typical parking facility 2nd floor plan for
all 5 towers. Jerry misspoke re the number of cabana buildings as there are only 2 (not 4) with 4 units in each. Jay
will provide the sq. foot floor area of each unit. The gopher tortoise habitat areas are marked "GTP" on the SOPs.
In addition, Rich Yovanovich will submit additional Settlement Agreement language which will provide for the 2
golf course homes to be setback from the Wand S if the golf course is not developed. Also, the tower parking
structures will be limited to a maximum of 2 stories.
Please let me know if I have omitted anything or if you have any additional questions or suggestions.
Thanks again and Happy New Year to you and RL Dick
See AOl's too rated reciDes and easy wavs to stay in shaDe for winter.
1/4/2008
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RFCEI\IED 16 i 1 B \
';~N i:: 20GB October 26, 2007
;Oiala _ill~~RANSCRIPT OF THE MEE"ftN"(j"ljrfTHE
Halas .,~~..co.LLIER COUNTY PLANNING COMMISSION
~~~~~W~ME::::::: ::t~:::i::~:::Y Planning
Commission in and for the County of Collier, having conducted
business herein, met on this date at 8:30 a.m. in SPECIAL SESSION
at 2800 Horseshoe Drive, Naples, Florida, with the following
members present:
CCPC CHAIRMAN: Mark P. Strain
Tor Kolflat
Brad Schiffer
Donna Reed Caron
Bob Murray
(Absent at roll call) Robert Vigliotti
PRODUCTIVITY COMMITTEE:
Janet Vasey
Steve Harris
Georgia Hiller
Joe Swaja
ALSO PRESENT:
Jeff Page, Emergency Medical Services
Jeffrey A. Klatzkow, Assistant County Attorney
Randy Cohen, Misc. COffes.~
Date \\.: ) \ ,/,,-7 \
:tern#:
Page 1
:;:~'es to,
'v
161 18 [
October 26, 2007
CHAIRMAN STRAIN: First of all, I would like to welcome
everyone to the continued meeting for the AUIR 2007. This is the
October 26th meeting.
The meeting is a developmental services for those who are
watching this show on television. And I also want to let the public
know that what you are watching is a rerun. It is not live. We're not
here when you see us here. We're here days prior.
There seem to be a confusion on the other way -- the way these
other things were run and people thought we were actually meeting
those particular days and we weren't. It's a tape.
So, with that in mind, if you all could please rise for the Pledge
of Allegiance.
(The Pledge of Allegiance was recited in unison by all.)
CHAIRMAN STRAIN: Thank you.
We'll start with roll call by Mr. Joe Swaja.
MR. SWAJA: Swaja. That's okay.
CHAIRMAN STRAIN: Joe, I always have -- I always like to
call you by your first name.
MR. SWAJA: You can call me Joe.
CHAIRMAN STRAIN: Thank you.
MR. SW AJA: Joe Swaja, Productivity Committee.
MS. HILLER: Georgia Hiller, Productivity Committee.
MR. HARRIS: Steve Harris, Productivity Committee.
MS. VASEY: Janet Vasey, Productivity Committee.
CHAIRMAN STRAIN: Mark Strain, Planning Commission.
COMMISSIONER CARON: Donna Caron, Planning
Commission.
COMMISSIONER MURRAY: Bob Murray, Planning
Commission.
COMMISSIONER SCHIFFER: Brad Schiffer, Planning
Commission.
COMMISSIONER KOLFLA T: Tor Kolflat, Planning
Page 2
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16 lIB 1
October 26, 2007
Commission.
CHAIRMAN STRAIN: Since this is a joint meeting between the
Productivity Committee and the Planning Commission, the Planning
Commission does have to have a quorum. We do have that. In fact
one member is on his way. Mr. Vigliotti is running late today.
Today's meeting will be focusing on one item of the AUIR that
we did not finish up, and it was the Emergency Medical Services
section, and we had just received, fortunately, just a couple days ago
the back-up information we needed to read for today's meeting, so
none of us were bored maybe for the last night or two to have all this
good reading in front of us.
And with that, Mr. Page, I'll turn it over to you for presentation.
CHIEF PAGE: Good morning. I'm going to have -- I'm sorry.
I'm going to have my assistant actually pass out a few of these
grafts, these charts. They're similar to what you have in your book.
What you have your book is a current level of service at more
than 15,000.
What we're going to provide today is level of services based on a
one to 16,400 population, a level of service of one to 16,800, and a
level of one to 17,000 population.
It just gives you a little bit more of a variety to look at as far as
what your recommendation would be based on.
Obviously, we've spent quite a bit of money and a lot of time in
this master plan, so we're not here to -- to speak against it.
These guys are the experts. They came in and spent quite a bit of
time, not just with us but with the local fire districts, in obtaining all
this information.
So -- and I don't see Artie, but she'll be here in just a second. So,
there we go.
CHAIRMAN STRAIN: Chief, the people that -- the experts that
you hired, are they the ones that will be making most of your
presentation?
Page 3
_._,-- -.----------r--~-------.--. '"
I
16 i 18 I
October 26, 2007
CHIEF PAGE: They're not here today. They were in town for
that one day.
CHAIRMAN STRAIN: Okay.
CHIEF PAGE: The next time that they come will be before the
board.
CHAIRMAN STRAIN: I understand. Thank you.
CHIEF PAGE: But I am here to answer any questions you have
about the study.
CHAIRMAN STRAIN: Before you -- we get into your -- the
questions on the study, there is a lady here from the American Heart
Association, Miss Duncan, who has got to leave shortly, but she asked
if she could address the panel before she left since it pertains to
Emergency Medical Services.
And since we haven't started questioning you, it might be a good
time to hear her input first and then we'll go from the questions of you
right after that.
CHIEF PAGE: Okay.
CHAIRMAN STRAIN: Okay. Miss Duncan, thank you.
MS. DUNCAN: Good morning. My name is Debbie Duncan.
I'm with the American Heart Association.
Thank you very much for giving me this opportunity.
The American Heart Association Commission is to save lives.
And one of our strategies and ways that we do this is by increasing
access to Automated External Defibrillators.
And as to an organization, we are committed to increasing this
access in Collier County.
F or each minute that passes from the time of a 911 call to
defibrillation, there's a ten percent decrease in survival.
So, really, we only have ten minutes to save someone's life. And
right now the response time is at eight minutes and we want to reduce
that to five.
So, we as an organization are doing several things to place AEDs
Page 4
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I
161 18 \
October 26, 2007
in this county. Through philanthropist foundations and individual
donors, we are raising money for the placement of AEDs.
We know that police and sheriff vehicles a lot oftimes are the
first to respond. Because they are roaming the community, they're in
the neighborhoods and they're the first one to arrive on the scene.
So, what we are hoping to do is place more Automatated External
Defibrillators in the police and sheriff vehicles. We've actually
partnered and had a chance to talk to Sheriff Parker -- not Parker, I'm
sorry, Hunter about this partnership and really working to place this.
This year at the Heart Ball on April 12th, we will doing a specific
fund raising, asking the guests of the Heart Ball to raise money for the
placement of these AEDs.
So, we really appreciate your support and know that this is a
great partnership and that we're really both after the same initiative,
which is to save lives here in Collier County.
Thank you.
CHAIRMAN STRAIN: Thank you very much, Miss Duncan. I
think that your comment and recommendation may be something we
ought to ask the chief if this -- they're considering any possibility of
implementing further programming in AEDs in sheriffs and police
vehicles.
CHIEF PAGE: We continue to do that. The Sheriff also seeks
grants to do that.
We -- as we obtain donations for AEDs, we get them out to the
most appropriate agency at that point.
CHAIRMAN STRAIN: Do you know how many are in the field
right now in those kind of vehicles?
CHIEF PAGE: In law enforcement?
CHAIRMAN STRAIN: Right.
CHIEF PAGE: Probably a couple hundred.
MS. HILLER: Chairman Strain may I --
THE WITNESS: Yes, ma'am.
Page 5
161 1B \
October 26, 2007
MS. HILLER: -- address this issue also?
CHAIRMAN STRAIN: Yes.
MS. HILLER: Jeff, I think what Debbie said is -- is very
important, and I think what's clear is that the American Heart
Association is committed to seeing a widespread deployment of
publicly accessible defibrillators.
Have you considered that in your study, and if so, where, and
isn't it clearly a -- a priority for you to commit to a, you know, public
accessibility defibrillation program in this county?
CHIEF PAGE: Well, we have a number -- there are a number of
country clubs, churches that had gone out on their own and purchased
these.
And we -- we do keep that inventory. We do keep the training up
to date with that. I mean, they -- not everyone has registered an AED
like you're supposed due to the -- the county ordinance that we have in
place here.
But as we find those, shopping malls, things of that -- a dentist's
office, there's quite a few dentists that now have them. It's gotten
quite large. So, certainly we support that. We support AEDs.
I know a number of people that actually have them on their boats
now, larger boats, so there are a lot more out there than we actually
know of.
But the way that they're identified through the computer aided
dispatch system through the Sheriffs Office is once that location is
known, that comes up on the console of that physical address to, you
know, work with -- or talk to people through that process of locating
the AED and actually implementing it, so--
MS. HILLER: But where in your master plan have you factored
in your public access defibrillation deployment initiative?
CHIEF PAGE: Well, that actually isn't part of the study. I mean,
the primary purpose of this study was to address a level of service
standard.
Page 6
161 18 l
October 26, 2007
I -- I don't know how much time they -- in fact, I don't believe
they spent any time with our AED coordinator going over there, so --
MS. HILLER: I'd like to make one comment. I -- I read an
article that V olusia County has made a -- a commitment through a
widespread public access defibrillation, it's hard to say it, program
commitment.
And they -- they have actually as a county targeted to placing
and/or seeing AEDs placed for public accessibility to the tune of one
AED -- AED per thousand population.
CHIEF PAGE: So, it's probably --
MS. HILLER: Maybe it's something that you may want to take
look at.
CHIEF PAGE: Sure.
MS. HILLER: And it's--
CHIEF PAGE: And what county was that?
MS. HILLER: Volusia County.
CHAIRMAN STRAIN: Okay. Are there any questions I guess
from -- Chief, you were finished with your presentation then?
CHIEF PAGE: Well, basically, I'd just like to sum it up.
The -- the study is basically saying that they suggest that we have
one growth unit for the next several years marking out.
We certainly support that. It's how do we get to that number?
If you remember in their executive summary, they had a sliding
scale, which I thought was pretty unique, and I like that, but for
planning purposes, I guess planning really needs a fixed number, and
so the sliding scale doesn't really work.
And, so, what we're faced with is how do we come up with a
number? Do we do an average number for the next five years and
then re-Iook at it then, or do we just -- what I was trying to get away
from is what we had in the past, one to 15,000, and we had that for 20
years.
I think it needs to be adjusted. And whether that means we have
Page 7
161 lB \
October 26, 2007
another study in the next five years, do it again, that -- that's certainly
an option and something that I would suggest to do.
But what we need to do or, certainly, what you need to consider
is coming up with -- with a number that planning could use so that all
of us can use to -- to get where we need to be, so --
CHAIRMAN STRAIN: Well, we've got the standard AUIR
summary form that you provided with our package and I think the best
way to proceed with that is to go through it as we have in the others.
But before we do, a night or two ago, we all received, or I hope
everybody received, the master plan study that we've been waiting for.
And that's 181 -- 190 pages, something like that. I don't -- I'm
not going to walk through every single page of that book, but I think
what we ought to do is discuss the book first so that any conclusions
or concerns coming out of that discussion then will lead into the AUIR
document that we have in front of us.
So, I know it was a short notice for everyone. I know we were
pressed to get it read by today and I certainly doubt that the public had
an opportunity to review it.
But, be that as it may, we still have to go forward with something
today.
So, has anybody got any questions from the master plan study
that was provided to us a day or two ago?
Okay. Steve, go ahead.
MR. HARRIS: I was interested in the interlocal agreements with
the fire and emergency rescue units since they're all being alerted to
the need through the 911 system, I presume?
CHIEF PAGE: Yes.
MR. HARRIS: Are their performance criteria similar to ours in
terms of their ratios of people to units?
CHIEF PAGE: I would only be guessing to answer that. I mean,
for -- obviously their -- their primarily responsibility is fire. There's
not as many fires here.
Page 8
-"'"1'-"'--
&,- 1 'l \
it; i 1 D
October 26,2007
They do a lot of -- 80 percent of their calls are really medical
rescue based. So, their criteria for -- under 1710 is that they're to have
a first responder basic life support unit on scene within four minutes
travel time.
I can tell you that's not happening, certainly not countywide.
MR. HARRIS: So, to the extent each ofthese units is relying on
other nearby units, it's -- it's questionable whether they -- that is really
an effective cross the board.
CHIEF PAGE: Well, I will tell you that 1710 is being reviewed.
I just got a -- an e-mail two days ago.
1710 is being reviewed to see if the response time standards that
they -- they set up as far as dispatch, turnout, travel time is a
reasonable standard.
In other words, expecting someone to turn out within one minute
of receiving the call at 2:00 o'clock in the morning may not -- they're
finding that nobody's making that -- that -- that effort, so they're
revising that, and as that is reviewed, they're going to take a look at it.
But, ALS engines are a main component of everything we do.
And it has been that way for the 27 years that I've been working, so I
can't do it without them.
And I'm just hoping that the tax report doesn't have a negative
impact on all of us to where we have to start cutting back.
CHAIRMAN STRAIN: Okay. Chief, in the back of your master
plan book, Page 181, there are two pages of summary
recommendations.
CHIEF PAGE: I gave up my book, so I'm --
MR. SW AlA: I gave my book to --
CHAIRMAN STRAIN: So, have you read it, Joe?
MR. SW AJA: I got to Page 3, that's all.
CHIEF PAGE: Okay. I'm with you now.
CHAIRMAN STRAIN: Okay. Those are -- there's 24
recommendations that start on Page 181. And I've read them. A lot of
Page 9
16 i 18 I
October 26, 2007
them make sense to me. Other ones -- obviously, some of them I don't
quite understand.
I'd like to know from you though how many of these
recommendations have you incorporated into the summary AUIR
form that was presented in our book to us that we are supposed to be
reviewing today?
CHIEF PAGE: The original AUIR book that you have?
CHAIRMAN STRAIN: Well, it's the only one we have. That's
right.
CHIEF PAGE: Right. The -- I don't know that they're actually
in that book.
There's a lot of things that we are currently doing. There are a lot
of things that were brought up during the process of the study that help
us refine the way that we do business. For example, there are some
measures that we were not tracking previously that we are tracking
now or in the process.
They had -- for example, they had given the recommendation that
we not send a -- an ambulance and a fire truck to the same call when
maybe only one unit should respond.
Prior to them completing this study, we've already worked with
the fire districts to identifY -- I believe there's 33 different call sets
where either one ambulance will go by itself and the fire truck will
remain in-house, or the fire truck will go first and call us if they need
us.
Or one goes hot and responding with lights and siren and one
goes en route or cold without lights and sirens.
So, that's all been implemented. It's been approved by the
medical director. And we're in the process of working with the
Sheriffs Office to identifY that in the computer-aided dispatch so that
when that call comes up, the dispatcher knows to send just an
ambulance or just a fire truck to this medical call.
CHAIRMAN STRAIN: Well, I think -- let me explain the
Page 10
161 1 a I
"Dctober 26, 2007
purpose of my question because maybe then we can focus on whether
or not or how it was used.
Some of the recommendations obviously would require more
funding. Some recommendations would reduce funding needs. Some
recommendations rely on joint use of facilities, some
recommendations, the one I particularly thought was good consider
the use of response zones which have varying response time standards.
Now, those are all recommendations that I think will affect the
bottom line of your operation. Whether it be a positive or negative, I
don't know by reading it.
And I think what I'm trying to find out from you is if you were to
consider these 24 recommendations, which I'm not saying you buy off
on all of them, but if you were to consider all of those and you found
ones that are viable and beneficial to your departments in any way
whatsoever, are they and have they been -- I would imagine -- I think I
know what the answer is, but I wanted to hear you say it, incorporated
into this form that we are now here to discuss today for the AUIR that
was distributed to us about maybe a month ago.
CHIEF PAGE: Let me respond this way. We know from the
previous meeting, where I carne to you, I had the slide that showed
where countywide we're make that response 88 percent of the time.
However, when you look at the rural setting, we're only making a
72 percent. And if you were to reduce as a suggested -- one of the
suggestions were, is to have an urban response and a rural response
time line.
So, if we were to take the recommendation, let's say, okay, we
acknowledge the fact that we cannot, because ofthe size of the
county, maintain an eight-minute travel time, perhaps 12 minutes is
more reasonable.
If -- if we accept that or if you propose that, that's certainly
something we meet right now. However, does it reduce the amount of
units?
Page 11
161 18 \
October 26, 2007
In other words, I think they're saying you need to take our advice
on a number of these issues. This is what you're performing at
currently and if that's acceptable to you to have that 12-minute
response time -- I'm sorry -- you're basically there, so --
CHAIRMAN STRAIN: Okay. And I guess, again, let me try to
backtrack. I didn't mean to focus you on -- focus -- focus -- have you
focus on that response to that issue.
What I'm trying to understand is you're looking for a deficit of
$20 million based on the document we received a month ago in the
AUIR that we basically have to vote on in regards to this meeting.
The 20 million was based on certain data known at the time,
certain conditions under which you operated.
The master plan that you have been waiting for finally has come
out and in it are 24 recommendations that will improve your
operations in some manner. They mayor may cost more, they may
save money, they may spend more money.
What I'm trying to found is -- find out is have the 24
recommendations of those that you think are applicable maybe in
reality to your department because you may not agree with all 24.
Have any of those or all of those been incorporated into this
AUIR form for budgeting purposes?
CHIEF PAGE: No. The AUIR form based on the one to 15,000
was just what it is. It did not take into effect any of the study because
that was decided sometime ago.
CHAIRMAN STRAIN: Right. And that's exactly what I thought
you were going to say, but I wanted to hear that loud and clear, and
the reason it was so important is last year we had a similar concern
with your department in the sense you didn't have the study done, and
it was a necessary -- absolutely necessary to get it done, and you have
done that.
The last year because it wasn't done, the -- I think the findings of
the overall two boards was that you're at status quo, and I don't think
Page 12
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October 26, 2007
much changed from last year until now in regards to funding and
operations. You just were allowed to move forward and keeping
gomg.
And I'm wondering how we could change that position this year
by the fact that we have the study you were waiting for last year. We
couldn't do anything last year because we didn't have the study.
This year we bot the study basically two days ago. You haven't
had time to implement it, which I don't expect you would have had.
I'm not -- certainly not finding fault with that.
But to now suggest that we need to change our methodology or to
increase our taxes or impact fees or anything to the tune of $20 million
without having the benefit of the study that we couldn't decide on that
same decision last year makes we wonder what we can decide on this
year in regards to funding.
CHIEF PAGE: Well, I -- if you're asking me personally here
what my recommendation is, I think we need to establish a new level
of service standard, not the one to 15,000 that we've had for 20 years.
We need to look at the -- the options in order to meet what the study
proposes.
They're recommending one growth unit per year. I have none
this year, but marching out one growth year, and how we get to that
number or level of service standard is -- is what we need to do.
I mean, like I said, I've provided a few options. Currently we
know that we're operating at one to 16,240. Okay. That's where we
are today.
If it's the opinion of the committee to proceed at that level of
service standard, that's one option. If it is to reduce based on what the
survey is saying here -- I mean, there's -- there's other options here.
They -- one of the proposals they made is, is that you not respond
to alpha and beta calls for 20 minutes. I don't know that the public
would really like that. I mean, you're talking about somebody is
having a seizure.
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October 26, 2007
If -- you might as well put on the side of the truck same day
service at that point. I mean, it does happen.
There are areas in the United States, Wyoming, where they do
have extended response times, but --
CHAIRMAN STRAIN: Well, I didn't expect when I said that
that you'd accept all 24. They may not be applicable to Collier
County .
My only concern was that those that are, how much would they
have changed your budget value if your position now is that you need
-- that based on this master plan, without understanding or
incorporating any of those recommendations that aren't already
incorporated, you still think one unit is the minimum you need per
year for the next five years, well, then, I'm wondering how that affects
on the number on the AUIR sheet that we're here to consider today.
Because you have a base inventory, which I'm not sure if the one
is above the 26 base or the 33 base. And if it's one unit per year,
you're looking at five units, so now where are we at in regards to the
20 million you believe that you would need to at that -- at the time you
wrote this AUIR.
CHIEF PAGE: Okay. Ifwe were to maintain, let's say, 16,400
to one population over the next five years through 2011, 2012, I would
need for additional units more than I have currently.
CHAIRMAN STRAIN: And how much of a budget deficit
would the four units be over the five-year period? Do we know?
CHIEF PAGE: Yes.
CHAIRMAN STRAIN: That's the new sheet you had -- you
passed out to us?
CHIEF PAGE: 10,207,378.
CHAIRMAN STRAIN: So, it cuts your deficit in half.
CHIEF PAGE: Yes, sir.
CHAIRMAN STRAIN: And doing that doesn't take in -- that
just basically is a level of service change. It still doesn't take in the 24
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October 26, 2007
recommendations -- well, you don't know if it does. Some are already
incorporated.
CHIEF PAGE: Yes.
CHAIRMAN STRAIN: But there may be others that are
beneficial. We just don't know about it at this time.
CHIEF PAGE: Correct.
CHAIRMAN STRAIN: Okay. That's what I was trying to get to
and I appreciate the response. Thank you.
Mr. Harris and then Miss Vasey.
MR. HARRIS: The chart on Page 155 shows the underlying
projections of population, which are driving us, and if the current
conditions continue, its down fold will have a compound growth rate
of four percent per annum of the population for the next five years
which would further impact the number of units needed.
CHAIRMAN STRAIN: Okay. Miss Vasey?
MS, VASEY : Yes. I would like to talk about some of the charts
in the study if we could.
CHAIRMAN STRAIN: You might want to pull your mic a little
closer.
MS. VASEY: Okay. Also, I'd like to just mention that if you got
the book two days ago, you did really well. I got it at 2:15 yesterday.
Okay. Page 144, please. These are the pages that look at the
comparison of the fire and EMS and -- and -- and what -- how long it
takes to transport -- get a transport unit there for each one of the areas,
the general areas.
It goes on for like four pages, I guess, five pages.
CHIEF PAGE: Yeah, it looks at different zones.
MS. VASEY: Right. Different zones. Okay.
On Page 144, I just wanted to ask a couple of questions so that I
understand these charts.
This shows what happens for response times or who gets there
first when -- when you have concurrent calls. And I can understand it.
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That's a problem.
The first one is not a problem. It's the second and the third that's
all happening at the same time.
When -- when you do have the fire coming first, you've got the
EMS coming pretty close afterwards, and you show here the little X
mark for the average wait time for the transport unit.
And it looks like in almost all of these charts, it's -- it's a very
short time, like three minutes, four minutes, six minutes for the -- for
the transport.
So, that's not causing the problem. Is that correct?
CHIEF PAGE: It would depend on the location. You know,
some ofthese zones, you know, it can be quite -- quite a bit of time.
If you look at the next page when you start getting out to seven --
seven calls consecutively in East Naples, it's 15 minutes.
You know, certainly the fire departments have more depth.
Typically at an EMS station we have one unit wherever we're located.
In some cases we're doubled up. We're still waiting for a new station
to be built, but typically in the fire department, you may have two,
three, four apparatus running out of there so, concurrently, they can
back us up that much faster.
So, they do help tremendously. But it, again, depends on the
district.
Some of these districts, they're only operating one engine out of
the same station we are, so at the point we have two concurrent calls,
they're both tied up. Even if one breaks away from the same call,
they're tied up in that district, and at that point you start looking at
resources -- I mean, we have -- it's not -- we actually move units as
units get tied up predictably in the cap.
It will punch up what units needs to be moved up into another
zone because too many units are tied up at that point.
But, you need to have that, and the trouble you run into is when
you get out to Everglades City, they get a call, there's one fire truck
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t>ctober 26, 2007
there to back them up and then it's not ALS by the way.
But at the point that unit gets a call, it's -- it's a good 40 minutes
before I can get another unit into that zone, so --
MS. VASEY: I guess what -- what I'm kind of wondering is, it
doesn't appear that the transport issue is a major constraint.
And I know at -- at seven, you've got a I5-minute wait. But at
six, you're under six minutes. And how many times do you have
seven concurrent calls? You know, probably occasionally, but not a
lot.
Is it important that we -- I mean, is that a problem that we can't
count all the AMLS units because, as -- as units, because they -- they
don't have the ability to transport?
CHIEF PAGE: No. I don't -- I don't think that's what we're
based -- I mean, six minutes of delay for a transport to get there.
And the -- and an instance of a cardiac arrest, a stroke, major
trauma, yes, it's important that you get there as soon as possible,
certainly.
But that's not the basis that they're using, in other words, to
define, well, another unit's needed.
They go into great detail here about the concurrent calls and the
impact that that has but, you know, as you're moving up additional
units into an area like Immokalee, sometimes I can have four and five
units tied up in Immokalee within the same time period because the
calls drop that quick.
Well, all of those units are coming out of North Naples. So, you
know, I'm pulling units from the south up into the north area to try to
buffer that out.
There are occasions prior to us having a -- before breaking this,
that we had an FY06.
There were occasions where I had only one unit available in the
county, and that was centrally located at that point, because you don't
know where it's going to go.
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MS. VASEY: Okay. One of the things that has always
concerned me is the fact that, you know, there are some -- some very
good ALS units out there that have EMS personnel on them under the
-- the transfer program, and -- and they're not being counted as a unit.
And when -- when -- when I looked some of the data that you
provided in the AUIR, there were five -- well, maybe as many as
seven or eight zones that had significant improvement when you
added in the ALS for response times, yet you don't count them in the
number of units that you have.
And it seems like if you -- if you have some major improvement
due to units, then those units are not just improving your -- your
response times from -- from 88 percent of the time you're getting there
in eight minutes to 94 percent of the time, which I -- I wouldn't
necessarily try to count that because it's -- it's just increasing the -- the
performance over your goal.
But a lot of them had major improvement still under the goal.
And it seems like those units should be counted in some way as
against your required number of units because they're really having
major contributions to the response times.
CHIEF PAGE: And--
MS. VASEY: Why -- why isn't that coming out?
CHIEF PAGE: Well, when the consultants were here, they do
count -- they're using their response times --
MS. VASEY: Right.
CHIEF PAGE: -- to say you only need one unit per year. If we
didn't use theirs, it would be higher.
So, although I can't count them as part of my inventory, I don't
know them, they're of no value asset to me. They are counted in the
sense that they help us keep the number of units, which goes back to
why we even started the ALS Engine Program.
We recognize that what we needed were not more transport units,
we need more advance life support response units to tackle the
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problem.
And then -- and that's where it's been for -- since '99? We've
been working on this with different -- at different levels.
But, you know, when I went to the chiefs, I said, look, you've got
paramedics, I've got firefighters, I need more life advance response
units to downgrade the number of transport units.
Back -- back in the eighties when this was first started, they did
not AEDs. They did not -- well, there weren't any AEDs. But they
didn't have defibrillators, so there was -- there is no way to really to
count any improvement with them, say in a cardiac arrest.
But now everyone has an AED. All the fire department do, all of
our units do. And we recognize that and this study does recognize
their -- their enhancement of our service, if you will.
The fact that they get our response times to where we need to be
is why we only need one unit as opposed to one to 15,000. That one
to 15,000 was based just on EMS and not taking into account ALS
Engines.
MS. VASEY: Do think maybe that's why you're going from one
to 15,000 now, the one that's 16 four or whatever we end up with?
CHIEF PAGE: Well, whatever you decide. Yes. I -- I -- and I
can tell you that my own advisory board, there were those that felt that
we should not reduce the level, or the level of service standard
because, you know, anything can happen; I mean, tax reform, things
of that nature.
If they should drop out of -- of the programs and we're going to
be behind the curve and it's not easy to -- to make up that difference.
So, we're -- we're taking a little bit of a chance here, but I think
we need to count them. All of my staff does. And that's what the
consultants said, too.
They're an enhancement, let's factor in the response times and see
where you are. That's what the study did.
MS. VASEY: Well, as new -- as new ALS units come out -- I
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October 26, 200~
understand Corkscrew and Golden Gate may be looking at it, too --
how will you -- will those units then change where you would need to
place your units, your new units, or -- or even if you need them as
quickly as -- as it might look right now?
1 guess it's -- this is going to have to be a very dynamic system as
you -- as changes occur and more services provided by other areas?
CHIEF PAGE: Absolutely, it would. And 1 mean that's the
beauty of the AUIR. We come back each year and 1 think, you know,
we -- we look over the same data to see where the performance is.
And if there isn't a need for a unit, I'm not going to ask for it. 1
mean, you're going to be able to see the same thing I'm looking at, so
-- now, that was -- that was where we were last year when we said,
look, 1 think we're -- we're where we need to be right now. We don't
need any additional units.
And that's why in the AUIR book that you have we weren't
requesting any, because 1 felt that at the level of service standard right
now, 16,240, let's say, 1 think that's a good number.
1 understand that we're not meeting our -- our response or travel
time in the rural area. You know, yes, it is taking us 12 minutes. It's
not eight minutes.
But, you know, in a county this large, it makes a big difference,
and 1 don't know that you can ever meet that.
There are some -- we are working with the Department of
Transportation and looking at them providing maybe some -- a station
or property out on 1-75. That would be a big help.
You just -- you just have to take it, you know, and take a look at
it countywide.
1 think for us to try and to provide the same level of service in the
rural area, 1 don't think it's possible. It cost too much money to do it.
1 think that's what we're recommending here. We -- we think that
a 12-minute rural response time is good, you know, for this county
because it's just too vast.
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CHAIRMAN STRAIN: Miss Caron.
COMMISSIONER CARON: Yeah. The whole issue here of
concurrent calls is kind of an interesting one because when you did
look at -- at that East Naples area, and you saw that call that took 15
minutes, in point of fact, if you read the text here, it says that only
happened one time.
I don't know because we haven't had this book long enough to
really analyze.
Is there in here the actual call numbers, the raw data for those call
numbers, or is there just--
CHIEF PAGE: I wasn't provided -- I mean, they took this
information right off the Sheriffs Office computers, so I never saw the
detail of what they're working with.
COMMISSIONER CARON: Okay.
CHIEF PAGE: I mean, I would love to see it myself but --
COMMISSIONER CARON: Yeah, because there's got to be
some -- some sort of a -- at some point it's really a factor. It's not a
factor obviously here at seven concurrent calls, because that's really
not happening enough to factor into anything.
But maybe it is happening at three concurrent calls, and that's
really where the focus needs to be as far as figuring things out.
CHIEF PAGE: Well, I would just say, you know, I had -- I got
this study maybe 12 hours before we -- we had it printed overnight.
We spent over $1,000 to provide you these copies, so I mean, I need to
go into this.
We're going to take a look at that, too, because we recognize,
getting back to the rural calls, okay, there's 700 calls there, so it's
really significant. Maybe not.
But, there's a lot that we're going to take them to study and try to
duplicate and see how they came up with these numbers and --
COMMISSIONER CARON: Good.
I just had one other thing.
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In the -- in the master plan under recommendations, one of the
things was to utilize facilities offered by Ave Maria.
Is that happening already or is that about to happen?
When will that happen?
CHIEF PAGE: They would like us there now. I don't have a
growth unit to put there.
Now, some of the options that we provided to the board is the
first goal was to try and see if we could get an ALS engine or an
agreement with the Immokalee fire to where they would provide a
firefighter, we would provide a firefighter-paramedic and maybe put
them on a rescue truck and do it on the cheap side.
Their -- their funding got cut also, so the three additional
personnel that he had for that location were not approved.
I have no additional resources, so the other option is, is to take
one of the two units in Immokalee and station it there, but
understanding that I'm going to be doing a lot of travel time back and
forth between the two.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: A couple of things, Jeff.
In the AUIR, we have a unit cost of over $3 million, three and a
half million dollars.
In the study they came up with a number of651,000. What am I
missing there?
CHIEF PAGE: Where?
COMMISSIONER SCHIFFER: On the last page of the book, it
-- and the pages prior to that, it breaks down what it costs for a new
unit.
COMMISSIONER CARON: What page, Brad?
COMMISSIONER SCHIFFER: The last page ofthe book.
CHIEF PAGE: Okay. That's -- that's just the cost to transport
the ambulance and the personnel with that. It has nothing to do with
the station.
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October 26, 2007
Like Ave Maria, that would be the cost of Ave Maria because
they're providing their land, the station, the facilities, all of that.
COMMISSIONER SCHIFFER: Okay. So -- okay. So, aren't the
stations kind of paid for out of impact fees and stuff?
CHAIRMAN STRAIN: Well, it's still costs, and impact fees are
factored into your revenues. So, you still have to show the station's
true -- the units' true cost as an expense.
COMMISSIONER SCHIFFER: Okay. So, the -- the station
itself would essentially be almost the $3 million part of that, and the
unit itself isn't all that much.
But, I guess --
CHAIRMAN STRAIN: The impact fee study for EMS broke
that number down pretty finitely, if! remember correctly from last
year.
I don't know if anybody has that, but that was one source of that
breakdown.
COMMISSIONER SCHIFFER: I mean, if you look at the
revenue, the ratio total out the same thing.
And, Jeff, you don't have to look that up.
CHIEF PAGE: Yeah. In -- in your book, there's a station cost
breakdown of what the land is expected to be.
Now, we've been very fortunate with these last four units. Two
of the -- well, one -- one, there was no land costs associated at all. It's
-- it's property the county had.
Another one we were able to purchase for 250,000 as opposed to,
I think, the nine hundred or so thousand for the land, so when we're
able to make savings, we utilized that, so --
COMMISSIONER SCHIFFER: The other thing the study does
and is interesting is they came up with a new methodology to discuss
the need. It's using an hourly base thing. It's summarized on 178 in
the chart.
CHIEF PAGE: The unit hour utilization?
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October 26, 2007
COMMISSIONER SCHIFFER: Correct.
CHIEF PAGE: Yeah, that's -- that's something we definitely --
we're -- we're taking a hard look at that.
Let me just explain this. It's usually -- basically they take the
number -- the most simplest way to explain that is they'll take the
number of hours that a unit is available, and then the time spent on a
transport for that particular unit, and that varies from different zones.
I mean, in Everglades City, you may not have a call for three
days, so that's going to, you know, mess it up.
But unit hour utilization, one of the things they're were not able
to do in the study is actually when we were talking about units
backing up into other zones, they weren't able to calculate that because
that doesn't show in the cap.
So, all they were able to do is really focus on transport zoning
under that unit hour utilization, so --
COMMISSIONER SCHIFFER: But I think, you know, one of
the things we do is recommend the change and methodology.
Is that something you're recommending, that we go more towards
that?
I think the Figure 111 on Page 178 kind of is more realistic is
terms of maybe what your needs are than the charts you handed out
this morning, which are based purely on population.
I mean, the concept of a methodology that takes in the fact of the
ages of a population --
CHIEF PAGE: Oh--
COMMISSIONER SCHIFFER: -- special distances and
everything seem to make a lot more sense to me than --
CHIEF PAGE: And that's why we're very fortunate to have them
do that study for us. But -- but part of that is why -- you know, that's
why they have the sliding scale because they went into that population
demographics.
COMMISSIONER SCHIFFER: Right.
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October 26, 2007
CHIEF PAGE: But my understanding from planning is it's not
something we can do as far as sliding scales.
But Mike can speak to that.
COMMISSIONER SCHIFFER: Okay.
MR. BOSI: Mike Bosi with Comprehensive Planning.
For the purpose of the AUIR, you have a media set standard.
And -- and for the purposes of our collection of impact fees, it
has to be tied to population. You can utilize that -- that that standard as
the underlying factors that -- that dictate how your operations and --
and where placement of stations are utilized, but then you have to tie
that back.
You have to tie that back to an actual population. I mean, they
actually do that within the -- within that chart.
If you look at resulting population per unit, that is -- that is their
-- the tie back that -- that the consultants realize that we needed that tie
back to a -- to a population number for the purposes of impact fee.
In the -- within -- within the recommendations, Page 177, the
second paragraph, and it talks about the growth unit trigger. The
growth unit trigger is the -- the green column in that summary part.
But then it says -- and it talks about, it's important that the growth
unit value in the table is not inadvertently misused.
The growth unit trigger cannot be used as a divisor of the total
population to determine the minimum unit -- and that goes into all the
factors that -- that goes into how they -- they -- they determine what
that they've triggered.
They say, this value should only be used as a measure of
population increase since its last additional unit of growth -- of a
growth unit.
The resulting population per unit column is included as a
reference for those interested in a ratio of population per unit.
So, that was where they -- they took their methodology that you
had described with Jeff and then tied it back within that column for the
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October 26, 2007
resulting population per unit.
And that -- that -- that gives us that tie in to our collection of
impact fees to make sure that we are -- that that -- that there's a
correlation and a nexus between the two.
COMMISSIONER SCHIFFER: But, Mike, doesn't the -- the
method they came up with to me is much more realistic and smarter.
And essentially, according to the description, we took the City of
Naples at the beginning of this process and figured that out to be, I
think, so we're running around with an old denominator --
MR. BaSI: Well, that's that old standard and I think that's what
we're doing here today . We're trying to see, is that old standard still a
relevant standard today?
And as -- as you described, based upon the way -- the
methodology they utilized, they did not come up with the one to
15,000 population per unit calculation.
They came up with the number that -- that differs from that.
COMMISSIONER SCHIFFER: But -- but the point you made is
that it has to be a rigid population number. There is no other way we
can use a level of service?
MR. BaSI: For the purpose of level -- of -- you can utilize
response times as long as the -- the data can be correlated -- can be
correlated, but even with response times it has to be correlated back to
a population figure, because we collect impact fees.
And the collection of impact fees has to be tied to a population
figure that is translatable that canjustity the fee that we're charging for
every new resident that comes into Collier County.
COMMISSIONER SCHIFFER: Okay. All right.
MR. BaSI: And that -- and that's really the complication by
itself without the impact fees or without the need to tie it to that
population, we -- we can say, well, let's just utilize the response times
as our guiding factor.
But then that doesn't tell -- that doesn't tell the user who is being
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October 26, 2007
charged that new impact fee that we are indeed providing at the same
level -- the same level that we're being charge -- that they're being
charged against.
COMMISSIONER SCHIFFER: And I think the concern I have
is, and I guess we have to do that.
But, for example, I think building something out in the rural area
might be more expensive for EMS than building something in the
urban area.
And I think the way they did their methodology we'd finally have
a pool to calculate the impact of something not purely based by a
countywide denominator, but enough said.
CHAIRMAN STRAIN: Okay. Steve?
MR. HARRIS: Chief, the chart on 171 is quite interesting from
the standpoint that it points to what may be the need for the
independent fire and rescue districts to, you know, step up and make
some additions in areas that within their -- their geographic service
area.
Do you have a mechanism for coordinating with them on what
their plans are for padding ALS units that contribute to meeting this
demand?
CHIEF PAGE: Well, that's a tough one.
I -- I certainly tried to work with them. They're all aware of the
ALS Engine Program. And we -- we do try and coordinate that, but
when you -- you look at some of these areas, I mean, Immokalee, for
instance, they don't have any more stations than we do. I mean, it's
just -- so, I don't know to what benefit -- Everglades City would be a
good example.
If that wasn't was an ALS engine maybe I would not need to --
that would help with response times in that area for the concurrent
calls because, obviously, they get on scene and they can start that
protocol before I get there, so that's good for the patient.
And maybe -- I'll give you an example with Marco. I have a unit
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on Isles of Capri that typically before we had ALS engines, and we
were able to work this out with the Marco fire chief, that unit would
move back into Marco's zone, knowing that Marco has more calls than
Isles of Capri.
For concurrent calls, we would move that unit down.
We don't do that anymore. I mean, right now if Marco gets the
first call and my unit is tied up, I have two more ALS engines that are
there to take those concurrent calls in that zone.
So, basically, I'm keeping my unit where it needs to be, and I'm
not shifting units down from East Naples to backfill Marco, because I
have ALS engines there.
That's the way it should work. But, you know, every district's a
little different. You just -- you have to work with them the best you
can and hope that it has a good outcome.
CHAIRMAN STRAIN: Okay. I think the -- we've talked about
the master plan booklet as a whole.
Why don't we work our way through the pages of the AUIR so
we can look forward to what we've gotten, I mean, out of this meeting
today.
The first page ofthe AUIR addresses EMS. It's on Page 150. It's
the AUIR summary form that we start offwith in each category.
Are there any questions on Page 150 from members of either
panel?
Miss Vasey?
MS . VASEY: Yes. I guess you're going to have to do a new
page because this isn't really representative anymore.
Are you going to have that for the -- for the AUIR with the board
on the 5th of November?
COMMISSIONER MURRAY: Well, I -- I'm going to let Mike
speak after I make this comment.
But my goal was I think we need to -- you know, we're not
asking for anything this year, so it's a moot point.
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October 26, 2007
But I think that, certainly, this page needs to be revised to reflect
a new level of service standard, whether you make that
recommendation to the board of what that should be or what the
determines that new level of service standard should be. Then this all
changes at that point.
So, this -- this page is, in my opinion, out of date.
But go ahead, Mike.
MR. BOSI: And for the purposes of your planning, it's not out of
date since they're proposing no new growth units.
For the 2007 AUIR what's going to go before the Board of
County Commissioners, because we don't have a new level of service,
but there are going to be -- hopefully, there will be recommendations
for what the appropriate level of service would be for each of these
advisory boards.
But until the board acts upon it -- until the boards acts upon it,
there -- there is not a revised level of service.
And the intention of EMS is -- and it's been stated has been -- we
are proposing no new growth units for -- for '07. Weare going to take
whatever the recommended level of service based upon what the
board decides as the appropriate level of service, and that will be
included within the planning purposes and the planning process from
-- from the '08 forward.
Now, what we will do and what we intend to do is to leave this --
leave this as it is, but whatever the recommendation is from the
planning commission, whatever the recommendation is from -- from
the productivity committee, we will provide a sheet that has that level
of service, and what that level of service would -- would result in the
summary form within the -- the -- the tables, and within the
corresponding graphs.
So, the boards can -- could have a full understanding of what the
-- what the -- what the recommended change to level of service from
each of the bodies would be, so they can have a better understanding
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of what your recommendation would have an implication upon the
revenue situation for EMS.
MS. VASEY: Okay. But it's a little hard to -- to make a
recommendation if we don't see some of the numbers.
You mentioned there it was about $10,000,000 if you use the
12.4 level of service standard -- I mean the sixteen --
CHIEF PAGE: 16.4.
MS. VASEY: -- point four level of service standard.
What would it be if you use the 17, because it looks like you
drive out of the station at 17,000 per unit?
MR. BaSI: I had prepared for -- for this boards -- for the boards.
I had prepared a spreadsheet with various levels of -- of the level of
service to be comparative towards the -- the -- at least the -- the chart
that -- that -- that you have within your current AUIR book, and I
provided it to Jeff.
And, Jeff, we can--
CHIEF PAGE: Yeah.
MR. BaSI: -- pass it to the advisory board, it will get you -- it
will give you a much better feel for what -- what -- that the level of
service and what our deficit is at one to 15 and -- and what it is to one
to 17, but we also provided one to sixteen forty, and also sixteen four
hundred and one -- and one to sixteen eight hundred.
MS. VASEY: Okay. That's very good information.
And in order to actually address this page, that's exactly what we
did.
MR. BaSI: And it's the -- it's the -- it's the chart on Page 153
that -- that you'll be able to provide with the comparison against.
MS. VASEY: And, Jeff, when you're doing some of these costs,
one of the recommendations in the study was to -- where -- where it
makes sense, co-locate new units.
Are you -- is that built in to any of the unit costs on this -- in this
AUIR five-year period.
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October 26, 2007
CHIEF PAGE: I believe in your book that was a blended cost
associated with that.
For example, we've got two units coming up on line or stations
being built that are going to be co-located with North Naples Fire, so
where we can and where they will agree to, sure. I mean --
MS. VASEY: Okay. I don't think that this, what we're handing
out, is -- is the right thing. This is something that we already have.
COMMISSIONER VIGLIOTTI: Some -- some are in there.
MS. VASEY: Okay.
CHAIRMAN STRAIN: Miss Hiller.
Oh, I'm sorry. Miss Vasey, I didn't know if you were finished or
not.
MS. VASEY: No. Go ahead.
CHAIRMAN STRAIN: Okay. Miss Hiller?
MS. HILLER: I'm having the same problem as Janet in that for
me I have to see a -- a -- a financial quantification of each ofthe
recommendations and the impact on the proposed budget in order to
be able to see whether the recommendations made sense.
The -- the one thing that -- that I have found in my readings is
that communities that have their EMS and their fire working well
together along with police and -- and lay individuals who are trained
in CPR and AED and are part of public access defibrillation programs
are taken as a -- a total and then what's needed is based on that.
And communities that have -- that have implemented that totality
perspective have seen an increase in saved lives and -- and, you know,
this is all about saving lives.
And I -- I'm sure that we're all in agreement that that's how we
need to look at this.
So, whatever needs to be done to achieve that goal is what we
need to do, but I -- I don't think you can -- you know, and I'm hoping
also -- I'm listening to what Janet is saying, and I think she's making
some very valid and interesting points.
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And I'm -- I'm sincerely hoping that -- and I'm thinking I
understand is that in calculating your numbers, you have calculated
the positive impact fire has made and -- and they have reviewed these
numbers with you and they agree that the numbers you're using to
represent them is correct and properly weighted and all that?
CHIEF PAGE: No, ma'am. I mean, the fire districts don't have a
copy of this study. I just goes it but --
MS. HILLER: Okay.
CHIEF PAGE: -- again --
MS. HILLER: It might be worthwhile considering some sort of
coordination. I mean, just because, you know, we want to make sure
that, again, we're talking about saving lives so, you know, the more
accurate, that the more complete the information, the better we are in
making recommendations to the board, who -- who highly objected to
the saving lives --
CHIEF PAGE: Okay. Well--
MS. HILLER: -- to get this done.
CHIEF PAGE: Okay. Well, the consultants took the information
right off the dispatcher's computer, so rather than ask the fire
departments or myself, what do you think, I mean, they did interview
all the fire districts. They had their input about this whole plan.
But as far as these data that they reviewed, that's undisputable. I
mean, they went right to the source.
And in regards to the survival rates, the cardiac survival rates,
we've got the highest survival rates in the country. There's -- there's
no other place in my -- that I know of that have this high survival rate
in both arriving to the pulse -- or arriving at the hospital with the
pulse.
And, what's more important, how many people actually survive
to walk out of the hospital?
Our numbers are at the top of the chart, so in that respect, we
know we're doing fine here.
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CHAIRMAN STRAIN: We're still on Page 150, which is the
summary page.
Jeff, you had said something earlier that I want to understand.
You said, you're not asking for any money this year.
CHIEF PAGE: We're not asking for any additional units this
year at all.
CHAIRMAN STRAIN: The summary sheet that I have shows
you have a five-year deficit of $20 million.
Is that a true reading of that paper?
CHIEF PAGE: Based on one to 15,000, yes.
CHAIRMAN STRAIN: Okay. Well, even on based of one
sixteen four, you have a deficit of, I think you estimated, ten million.
CHIEF PAGE: Correct.
CHAIRMAN STRAIN: But you're still not asking for any
funding through this AUIR. Is that correct?
CHIEF PAGE: Basically because -- that's correct. And the
reason is, is that the study shows that we're not in need of the unit this
year.
CHAIRMAN STRAIN: I'm not criticizing you at all. I'mjust
trying to understand what you're telling us.
This AUIR is for a five-year period. And the five-year period is
important just because we weigh in how we look at a development for
a five-year window.
So, in your five-year window under -- if we were to modify the
level of service, we'd still have a deficit of units, which equates to a
$10,000,000 approximate number.
CHIEF PAGE: If you use the 16,400. If you use the one to 17, I
wouldn't have a growth unit until FY 1 O?
CHAIRMAN STRAIN: Okay. But you -- within the five-year
window, you'd still need units. You'd still need funding.
CHIEF PAGE: Right. At the -- at the population of 16,400, I
would need four units in the five years.
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CHAIRMAN STRAIN: Okay. Are you aware of the new ClE
that was floated around DCA?
You may not be, but it hasn't been adopted yet, but it was my
understanding that that was the ClE that this planning commission was
supposed to be reviewing this by or in regards to.
And it was a subject of a discussion of a moratorium a couple
months ago for deficiencies and categories of EMS, and I believe at
one point jails.
And I'm worried about it because the new ClE, unlike the old
ClE, incorporates Category B and Category A together. There is no
separate categories and the new ClE that struck Category B and it's all
one category of public facilities.
There are numerous policies in the ClEo I'm going to read one,
and they all say about the same thing.
The county shall determine prior to the issuance of final site
development plan, final plats and building permits, whether or not
they're of sufficient capacity of public facilities to meet the standards
for level of service for existing population and the proposed
development.
Now, that theme is reiterated in several policies.
What I'm concerned about is if we go forward and recommend no
change to your system that changes your deficiency, and you still have
a deficiency shown, then what I'd be concerned that it could be found
inconsistent with the intent of the ClE, which means we may be
locked into a moratorium inadvertently by a motion or by an operation
that we do today, not thinking that this format of this form could get
us there.
I'm worried that it might.
And maybe Randy or -- or Jeff could comment on that.
MR. COHEN: Mr. Chairman, as part of the year-based
amendments --
THE COURT REPORTER: Could you identify yourself, please?
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October 26, 2007
MR. COHEN: For the record, Randy Cohen, Comprehensive
Planning Department Director.
As part of the year-based amendments and also as part ofa board
policy direction with respect to impact fee studies and how the AUIR
is used, all the Category B facilities were removed from the ClE and
are no longer going to be subject to state scrutiny.
So, Mr. Page's operation, as well as jails and all the other
Category B facilities that are in there effectively have been removed
from the ClE.
The sole purpose with respect to level of service in the AUIR is
to have a rational nexus with respect to impact fees, as well as to be
used as an internal planning tool for a capital infrastructure and capital
operation planning and budgetary reasons within this county.
So, that -- that -- that particular state scrutiny that used to exist,
once we enter into a compliance agreement with DCA and C -- on the
ClE, which will be relatively quick from my understanding,
conversations with DCA, Category B facilities will no longer be part
of ClE, so the part that you're talking about right there in that -- in the
comprehensive plan will not be applicable.
CHAIRMAN STRAIN: Okay. Then a couple months ago when
the issue of moratorium came up, why was the moratorium then
validated by the concerns of our lack of reaction from the --
MR. KLATZKOW: With respect to the EMS issue of--
THE COURT REPORTER: For the tape, identifY yourself,
please.
MR. KLATZKOW: JeffKlatzkow, County Attorney's Office.
With respect to the moratorium, when it came to the EMS issue,
this -- this is really a health and safety issue.
For example, let's say you put a retirement community of20,000
people out in the rural area and you have no facilities there to service
them. All right. The question then becomes, you know, should you
wait on that development until you can have an EMS station out there
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October 26, 2007
or should you just let them go and be at risk until somehow later you
catch up.
And, so, the issue really is overriding on public health and safety
on this one.
CHAIRMAN STRAIN: Okay. But my -- my whole point is still
valid. We have a form in front of us that will be modified by a level
of service adjustment. In any case that it's modified basically it
sounds it could be still deficient.
If it's still deficient and the deficiency is an argument for a
moratorium, are we setting it up for a moratorium by accepting the
deficiency in this forum today?
MR. KLATZKOW: Ifin the opinion of the Board of County
Commissioners a development should not be built because it would be
placing the residents at risk until sufficient EMS stations can be
placed, then it would be my legal opinion they would have the right to
say you've got to wait on this.
CHAIRMAN STRAIN: That is a real difficult statement to
understand because there are so many factors that factor into that
decision that the board would have to weigh on that include, for
example, an analysis of these 24 recommendations and whether and
how valid they are to all parts of the county.
It will include the split level of service consideration, reduction in
level of service.
When these implement -- when these items would be
implemented, how we count the ALS units, and I think Janet's point
was very well taken, you count them for response time, but you don't
count them for physical units, which drives the costs up for the need
for more units.
How anybody could make a decision based on that, the lack of
those issues all being worked out, that we may need a moratorium is
my -- IS a concern.
If that's all it takes is, well, I think the public's at risk--
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October 26, 2007
MR. KLA TZKOW: Now, you're calling this a moratorium. I'm
calling this more on a development by development basis. I'm not
saying this would be a countywide moratorium.
My concern really is the rural areas where we've got large
developments, you know, possibly taking shape, if we don't have
adequate response time for those developments and that adequacy is
going to have to be defined by the board ultimately, then I think the
board would be within its prerogative to tell these developers you have
to wait until we get you these EMS stations or we can get co-locations
or however else we -- we protect these people.
CHAIRMAN STRAIN: I just would like to understand that the
basis of this AUIR approval today, the chiefis saying he does not
need any money this year and that we have an AUIR form that says he
may end up with a deficiency of $1 0,000,000 or more in the upcoming
years.
In any way, is that going to -- is that a reasonably item that could
be used to justifY a moratorium on its own in Collier County?
One, you want to -- I mean, it's a comp planning question.
And, Randy, I know you were talking to Jeff, and I don't know if
you heard what I had that day.
MR. COHEN: Yes, I did.
I think from -- from an AUIR perspective, what -- what Jeffs
doing is identifYing a financial shortfall that would exist based on the
existing revenue stream where impact fees would not pay for those
particular units.
And in order for those units to be accommodated, and Jeff could
corrected me if I'm wrong, there would have to be another revenue
source identified outside of impact fees to pay for those additional
units.
CHAIRMAN STRAIN: Okay. Ijust don't want this to come
back and bite us later because it's -- there's a lot of issues that are not
being addressed in this summary form that, obviously, I think a lot of
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October 26, 2007
us feel need to be addressed.
Did someone -- go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: And, remember, I'm going to
join with you, guys, so this might be some plans that -- in the
expenditures, you have four units brought on line this year but not yet
constructed.
First of all, I'm not sure what that means, but what was the
financing to support those things?
In other words, in your expenditures, you have 12 mill for four
units that are here but not in the -- I mean, describe that condition and
CHIEF PAGE: Well, as -- as we move toward construction, we
go from impact fees or in -- in some cases, go for a loan against future
impact fees.
COMMISSIONER SCHIFFER: So, within the revenues, you
know, that you're showing here is you have that 12 -- that 12 mill's
coming out of the revenues here.
You know, it just seems strange to be building something that
cost $12,000,000 and essentially taking all the revenue out for the last
five years.
CHAIRMAN STRAIN: Go ahead, Mr. Tindale.
MR. TINDALE: Steve Tindale with Tindale and Associates.
Maybe I can kind -- kind of put some kind of light of what's
going on here.
Number one, the county's made no decision to spend taxes to
build -- to build the EMS. There's no new revenue. The tax revenues
to build an EMS.
So, this report basically is showing you that the impact fee is
based on a standard of about one unit that you own for about 35,000
people. That's your current asset.
The only revenue you're going to generate is to maintain that
standard. Now, you're leasing space now and paying taxes to -- to
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October 26~6t)7
own some -- some space.
So, this report is not a projection of anything other than the
current policy is to collect impact fees at one for 35 does not identify
the taxes to change that capital.
So from a cap position, if you don't find new tax revenues to
lease half the buildings that you need to buy, the impact fees aren't
going to pay for them.
This is more of a, showing you a lack of current investment than
it is a projected plan or a policy.
Now, it's my -- it's my understanding that before you're going to
buy, and this gets back to our loan process, is a loan. It's not taxes, so
the standard's not going to go up because you don't own them. You--
you borrowed money.
So, you're going to make it a loan because this thing is money.
You can't -- you can't bill a third of a -- of a response area, and you've
got some things that have been decided.
But you're going to make a loan that's not going to increase the
impact fee. So -- so, you don't -- don't see a level service jumping
over two or three years because of this loan and the fees going up.
And then the fees of this -- of this really poor standard is going to
try to pay back this -- this loan and you're still not going to improve or
come close to not having royal service grade.
That's what the document says. Your level service is projected to
grade unless there's a policy decision change it will degrade. And this
is the dollar value of the degradation.
Now, the loan for 5,000 is a goal. The impact fee can't be set on
that. And I can tell you, I worked all over the state with my -- one for
ten, 12, 13, 15 becomes an issue, the age of this community is a whole
lot the precedent.
And I've got news if you go under 20 and they're -- they're
scrambling, you know, so -- so, I know you have a lot of conversation
about that, but this isn't, to me, a report showing you a lot of policies
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October 26, 2007
of deciding to spend a lot of money or past taxes or whatever.
This report is what you're planning to do in the next five years, at
least at this point in time, and what you're saying is what we're
planning to do is not add taxes, use the same impact fee, which is
based on half the standard that you've already achieved, and we're
going to have a degradation of a loan service.
That's what the report shows, and I -- I think you're trying to
adopt something that's -- or a fear about, you know, something
because of the report there's going to be a change in something, but I
think this is a snapshot of what the decision at this point in time is, and
it's being put on -- in this document.
So, I -- if you adopt one for 17 or 18 or 19, the impact fee's not
going to go down because you haven't achieved that.
So, you're not having any effect. When you change these
standards, you have no effect on the revenue projections. You'll have
no effect on the impact fees.
Now, if you change the standard and someone decides to start
debating taxes, to start adding this, and they were starting to --
showing up in here, at that point in time, it might have an effect on my
tax that you might be wanting to put in here, but I don't see anywhere
in here that anybody's proposing to paying taxes. The building is
capital in this document.
So, to me, you're -- you're debating a potential of somebody in
the future deciding to start trying to -- to get the capital asset and start
owning it rather than leasing it and -- and something that might
happen in the future.
But it's not being proposed in this AUIR. I don't see any taxes in
here. I don't see any increased level service. I don't see any
resolution, including from one to 35 in terms of the asset you own to
the one 15 or 16 or 17 in this document.
So, I'm not sure what your concern is about your vote, because
this is clearly saying current standard from the cap investment is one
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October 26, 2007
per 35. That's what we're using.
One to 15 is a good standard to try to achieve, and there's nothing
in here that's moving you towards that one to 15 in terms of a -- of a --
of a tax investment or -- or any other kind of investment.
CHAIRMAN STRAIN: What is -- the level of service used in
the impact fees is what?
MR. TINDALE: I think it's one to 35,000 people, because that's
what you own. I can't take something you're paying taxes for and
leasing and charge the capital for.
CHAIRMAN STRAIN: Okay. What is the level of end ofthe
service -- what is the level of service used for the current AUIRlEMS
standard for the AUIR?
Do you know? Is that the one to 15?
MR. BaSI: Let me --let me put it in real blunt terms. We
charge for impact fees one to 34,565. So, for every impact fee we
collect, we can build maybe half of what our AUIR says our standard
IS.
SO, Jeffhas -- has already mentioned that they have a tremendous
nationally recognized EMS program, but their program every year that
we go -- go into the future, every year that we issued a CO, we've
become a little bit further into the -- into the hole in revenue and being
able to provide what our -- what our AUIR says this is a standard we
want to achieve.
But we're only collecting fees that -- that pays for half of each
new station that we're saying we want to achieve.
So, the -- the -- the financial situation, whether we go -- and
Steve -- Steve has mentioned, whether we keep it at one to 15,
whether we go to one to -- to 17 or one to sixteen two four, which we
currently have.
Unless we would go to one to 34,565, we will not become whole
functionally. So, what -- what the issue is, is because our impact fees
are low, there is being a requirement for a general revenue right now
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October 26, 2007
to help support -- to help support the construction of the standard that
the R -- AUIR says we as a community want to achieve.
CHAIRMAN STRAIN: Okay. What I was trying to ask though
is we have a different level of service standard in the impact fee than
we do in the AUIR.
MR. BOSI: Okay. Yes.
CHAIRMAN STRAIN: The impact fee, is that an ordinance?
MR. TINDALE: Yes. It's a -- it's a land -- it's part of your land
development regulations and code. It's considered part of -- whether
it's an ordinance or a resolution, it has the same instrument of a -- I
think you had in mind it's an ordinance.
CHAIRMAN STRAIN: Jeff, is the impact fee an ordinance?
MR. KLA TZKOW: Yes, sir.
CHAIRMAN STRAIN: Thank you.
Under the CIE, Page 28, it says, number two, impact fee.
Impact fee ordinances will require the same standard for the level
of service as is required by Policy 1.1.5.
I'm wondering how the Policy 1.1.5 provides a level of service
based on the AUIR, how it would justify an impact fee level of service
at a different standard.
MR. BOSI: The impact fee in sequence speak to -- the impact
can only be based upon what the asset is at the time of the impact fee.
MR. TINDALE: It probably could be reworded. And the impact
fee --
CHAIRMAN STRAIN: Wait a minute. Wait a minute.
MR. TINDALE: This said he cannot --
CHAIRMAN STRAIN: Mr. Tindale, you're going to be able to
talk my head off, so just give me a minute here.
I specifically asked you if the level -- as to what the two levels of
services are. Now you're telling me they aren't comparable.
Is that --
MR. BOSI: I mean, there's a direct connection between them,
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but what the AUIR is, is a standard that we would like to achieve.
That's what this -- the community says. The impact fee is what
we actually have.
CHAIRMAN STRAIN: Okay. But in Policy 1.1.5 of the CIE,
that's set by the AUIR.
Am I mistaken on that?
And if it is, that means it's one to 15, yet the policy that I'm
reading in the CIE says, impact earnings is what required the same
standard level of service as the required Policy 1.1.5.
So, I'm wondering how the two correlate and if they have to be
the same.
IfI'm reading this wrong, someone tell me. I'm not asking. I'm
trying to find an answer.
Mr. Tindale.
MR. TINDALE: The -- the impact fee cannot be based on a -- a
standard that exceeds your policy. So, the word "same" probably
could be reworded to cannot be based on a better level service than
you adopted.
It could be worse and it could be the same, but it can't be better,
but by law, so it probably -- the word "same" means the impact.
Of course, I didn't write it, but the impact fee cannot use the
double service better than the one in your plan.
So, whether that's real clear or not, that's what most of them are
written for, to be sure everybody understands we will not adopt an
impact fee that has a level of service standard better than your plan
even if you're achieving it in providing the service.
So, if you were providing a service one to ten and you adopt one
per 15, we would have to lower the impact fee.
Now, that -- that may not be worded--
CHAIRMAN STRAIN: Mr. Tindale, I understand where you're
going. I understand what you're trying to defend. You wrote the
impact fee ordinances.
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October 26, 2007
What I need is a legal opinion from the County Attorney that the
CIE statement that says impact fee ordinances will require the same
standard level of service as the -- as required by Policy 1.1.5.
Does that have to mean that the impact fee ordinance we have at
one for -- one for 35,000, whatever it is, is the same as the AUIR or as
the CIE, we're in Section 1.1.5.
And I'm reading it right now. It says one unit for 15,000
population.
Are those two the same, and if they are, at some point I would
certainly like to have staff tell me how they are the same and how we
are either consistent or inconsistent with the CIE.
MR. COHEN: Again, Randy Cohen, Comprehensive Planning
Development Director for the record.
Let me go ahead and -- and -- and try to -- try to help a little bit
with respect to how that policy is going to apply as of the approval of
the alliance agreement with the CIE.
That particular policy will only be applicable to parks,
transportation, drainage, water, sewer and solid waste, because those
are the only capital infrastructure programs that will remain in the
CIE.
So, the statement that you read right there will not be applicable
to EMS, which is being removed from the -- the CIE.
The only purpose of the AUIR with respect to how it relates to
impact fees is to ensure that we have a rational nexus, okay, to
establish an impact fee that meets the standards that Mr. Tindale just
described.
One of the questions that we asked legal counsel before was, we
did not want our Category B facilities regulated by the state. That was
a recommendation of this body as well as also the BCC, and Mr.
Tindale's firm didn't recommend that. I believe it was White and
Smith recommended the removal of Category Bs from the CIE.
So, your statement that you just made right there with regard to
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EMS will no longer be applicable because the Category Bs have been
removed.
So, hopefully, that explanation helps in -- in -- in that regard. So,
when we look at that statement, it will only apply to those major
Category A facilities.
CHAIRMAN STRAIN: It will only apply. So, that means in the
past, it looks like we may have had an error in the way our impact fee
ordinances could have been written.
MR. KLATZKOW: No. I don't think -- I don't think there's an
error. What we were dealing with, we were saying that we want to
have one station, for example, for 15,000 people.
Where we're dealing, we were renting half the stations and
purchasing the other half. Impact fees were being used to purchase
the stations, ad valorems were being used for rental.
That's why the impact fees are half of the stations because we've
been using a leasing program.
CHAIRMAN STRAIN: It's interesting the way all this is coming
about. And I don't if you ever saw Mel Gibson in Conspiracy Theory,
but I -- I'm -- I think it's interesting that we've gone to a length to have
certain things changed in the CIE, not really portraying how that may
impact things, but it happens to open a door for a very strong
argument that someone now can make in regards to needing a
moratorium based on an element that was removed and is more or less
now not part of the CIE.
How can the EMS then be considered a factor for a moratorium if
it's no longer part of the CIE.
MR. KLATZKOW: What I -- I guess I'm not being clear.
What I'm getting at is just the basic reason for having
government, and that's the protection of public health and safety.
If the basic protection of the health and safety, which comes
under the police powers of the county, it's my opinion that if you have
an inadequate response time -- let's say your response is a half hour,
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just to be really out there, you can't say to somebody, okay, it's okay
for you to put a retirement community out in the boonies when we
can't support it.
We do the same thing for roads and schools and everything else.
We're to say, okay, you've got until we have the infrastructure right
for you.
I don't see any reason why we can't do the same thing for EMS.
And, quite frankly, I don't see the reason why we can't ask developers
if you want to develop now, you put in the EMS station.
CHAIRMAN STRAIN: And I don't disagree with you. I'mjust
concerned about the approach. But I'll rest my comment on that.
I think I've understood now better what you were trying to
explain to me. I'm not necessarily saying that it's right or I agree with
it, but we'll move forward.
We left off on Page 150.
Miss Vasey?
MS . VASEY : Yes. r f we -- if I understand this chart, this page
right, if we change the -- the AUIR deficit, Jeff, from 20 million into
ten million or seven million or whatever we might do based on the
level of service, it looks like we'll still have a general fund, a loan, that
needs to be repaid.
And I see that Susan is -- Susan Usher and Mike Smykowski are
here.
Do you -- did you have anything you want to say about the
general fund loan and its ability to be repaid by impact fees?
If not, that's fine. I just noticed you were here and thought you
might want to address it.
MS. USHER: Hi. Susan Usher from the Budget Office, Senior
Budget Analyst.
For the immediate four stations, yes, we need general fund loans
to pay back because there is no -- there's not of an income stream
coming in from impact fees to make the payments for the loans.
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So, yes, general funds moneys will have to be used for the four
stations that are being budgeted and being built today.
MS. VASEY: And based on all the discussion, it's pretty clear
that the impact fees will not be available to repay those loans because
we're only collecting impact fees and what we need to build the
stations.
So, how will that loan ever be repaid?
MS. USHER: It will just say on the books as a loan until some
point in time the board forgives it, but we don't have that capability
here. The board would have to forgive that.
MS. VASEY: Okay. So, why -- why isn't that -- why isn't that
number included in the -- the additional revenues required?
Why -- why --
MS. USHER: It is. It says, general fund loan to make
commercial paper debt service payments of five $28 million.
MS. VASEY: Right, but we really don't have that money and we
don't have the ability to repay the loan.
So, why doesn't it come in at the bottom line which says,
additional revenues required or level of service standard reduction,
because you really don't have that money.
And, you know, we're supposed to be looking at it from a fiscal
feasibility point of view and the money's not there. It has to be a loan
from the general fund. It can't be repaid.
So, it should -- it seems to me it should be identified there as a --
we just have to have this money and we don't -- we'll never be able to
repay it.
MS. USHER: The board agreed to build the four stations. That's
why it's on a separate line item. We are proceeding to build those four
stations.
The 20.4 million deficit is for the 6.8 stations that the board has
not said, okay, we're going to give you the budget, go ahead and start
building those 6.8 stations.
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I just wanted to keep them separated. When we have board
approval for the four stations, but we haven't gotten board approval,
nor have we started construction or buying land or hiring contractors
to build the 6.8 stations.
So, they're further out into the future. No commitment has been
made on the 6.8. I just wanted to separate the two.
And I've done that with all the impact fees. The items where the
board said, yes, go build, hire your contractor, I've always -- I put
them on a separate line item than the other items that are further out
into the future.
MS. VASEY: Okay. I can understand why you did that. But
from -- from our -- from my point of view, and I guess we'll be
discussing it in productivity committee, that it's -- it's not -- it's not
financially feasible that way. I mean, it's -- you really have a bill of
20 million or whatever number of stations, plus the bill that can't be
paid that's the loan from the general fund.
And I think somehow it needs to be shown that that's really
what's happening, because otherwise it looks like it's only a bill out
there for ten million or whatever, whatever number we use, but it's
really ten million or whatever number plus another six million.
MS. USHER: Vh-huh.
MS. VASEY: Okay. Thank you.
CHAIRMAN STRAIN: Miss Hiller.
MS. HILLER: You know, there's an alternative perspective and
that is that really what's happening since these loans cannot be repaid,
the general fund should reflect these as expenditures and the EMS
funds should reflect these as, you know, outright contributions.
I mean, you just said we know that these general fund loans are --
are going to be defaulted on.
MS. USHER: The board will have to make that decision.
MS. HILLER: Right. I mean, and it's not a question of if, but
just a question of when they're going to make that decision.
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So, quite frankly, you know, the way this is all being reflected
from an accounting standpoint isn't truly reflecting what the situation
IS.
I mean, we -- we -- this really should be restated.
MS. USHER: Again, the board would have to make that
decision. I can't make that decision.
MS. HILLER: I mean, this -- this doesn't reflect what's
happening.
CHAIRMAN STRAIN: But I think that's--
MS. HILLER: And that's material.
CHAIRMAN STRAIN: That sounds like it's--
MS. HILLER: It's very material.
CHAIRMAN STRAIN: -- a board decision to make. We could
recommend that to them if you want to put it in your --
MS. HILLER: Well, I -- I also -- I mean, I think it's also
something that needs to be looked at, you know, from a recording
standpoint.
. And, you know -- I mean, it's -- it's misstating the balances in
these funds.
CHAIRMAN STRAIN: I don't disagree with you.
MS. USHER: Well, we're not looking at one fund. I mean--
MS. HILLER: It's--
MS. USHER: -- a lot of these --
MS. HILLER: -- misstating the balance in more than one fund.
MS. USHER: We're not just looking at one fund when we're
looking at a page. You're looking at EMS and what it takes to make
all those capital construction with EMS.
I mean, some of these other pages, if you were to look at my
spreadsheets, it would make your head hurt where all the moneys are
coming from. You're not looking at one fund.
MS. HILLER: I know.
MS. USHER: So, it's just --
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October 26, 2007
MS. HILLER: And I'm --
MS. USHER: It's just putting everything on one piece of paper
in it in an intelligent manner where you don't have hundreds of
spreadsheets, and, you know, I didn't do it as an accounting.
MS. HILLER: Right. And -- and -- and there's -- and I think that
needs to be -- to be said.
I think what we have to do is we do have to look at the
accounting because looking at it this way, it doesn't reflect the reality
as we know it.
And, again, this is not in any way a negative reflection on Jeff
and his department, because this methodology has been used for every
single segment we have looked at, so it's nothing, you know, personal
to EMS.
It's just a, you know, cross the board approach, which seems to
be as misleading, and will, you know, obviously affect how we make
our decisions and our recommendations to the board.
And not intentionally misleading but, you know what I'm saying,
that there -- there's a better, more accurate way to reflect, you know,
where these numbers should be.
CHAIRMAN STRAIN: Well, I think that's something we can
take in your group's summary and ours as well.
Steve, you had a question?
MR. HARRIS: You may recall at our last meeting we asked
Amy Patterson to look generally at all ofthese proposed loans from
the general fund, and once we have a schedule of that, that should
precipitate a review ofthe policy and how to account for it, when do
you charge it to expense.
MR. SWAJA: I agree.
CHAIRMAN STRAIN: I think at this time we take a break for
the court reporter. And we'll take a IS-minute break and be back at
10:15.
Thank you.
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October 26, 2007
(A recess was had.)
CHAIRMAN STRAIN: Okay. If everybody would please take
their seats.
Okay. We have left off on Page 150 in discussion of the AUIR
for the emergency services facilities.
Are there any further questions on Page 150 before we move into
the document?
Okay. Miss Caron?
COMMISSIONER CARON: Excuse me. Yes.
I'm sorry. Back to what Brad initially talked about, which was
the four units brought on line under expenditures. It's $12,000,000.
We already know that that figure is not correct.
Can we adjust that figure to the correct figures?
The correct figures are in the back. We can take out a million
seven fifty because we know what the land cost are. We don't need
that -- the phony $900,000 per property. We can put in actual dollars
there.
MR. BOSI: As long as --
COMMISSIONER CARON: Is there any reason not to do that
when we know?
MR. BOSI: Unfortunately facilities management is not here, but
as long as facilities management has an actual construction, an actual
construction estimate, the practice within the AUIR book has been to
utilize those actual construction estimates.
COMMISSIONER CARON: This is strictly land costs, Mike,
which are in the -- one, two, three, four, five, six, seven stars.
MR. BOSI: As long as we have for each one of those stations.
When we have an identified project cost that -- that's in-house
with facilities management, we can incorporate it to reflect the actual
number that those projected costs have shown and get away from the
standardized, you know, unit costs that we have identified.
COMMISSIONER CARON: I mean, where we're working in
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October 26, 2007
deficits, this obviously helps.
And it says here in the footnote that in reality two of the four
have no land cost -- oh, it says may.
Now, do we know? I was under the impression from the chief
that they did have no land costs. One is 250,000 and the other is -- is
under seven.
So, I was just using the actual costs that you had --
CHIEF PAGE: Right.
COMMISSIONER CARON: -- that would get closer.
CHIEF PAGE: The actual costs for those four stations would be
the combination of the 700,000 and the 250,000 --
COMMISSIONER CARON: Right.
CHIEF PAGE: -- for all four.
COMMISSIONER CARON: Right.
As opposed to using 900,000 times four.
CHIEF PAGE: Well, I think Susan's going to be here to speak to
this, but basically that -- that's what was budgeted. We had no idea we
would do as well, you know.
COMMISSIONER CARON: Understood, but just because we
know now, doesn't it makes sense to use the real figure and get closer?
CHAIRMAN STRAIN: Well, I think we can make that as a
recommendation at the end of to day's discussion, so --
MS. USHER: The four stations that are on the line, the
expenditure line that says four stations brought on line in the '06-07
but not yet constructed for $12,119,900.
That dollar amount represents what's in the budget today to do
those four stations. So, that is what we have budgeted. That is what
we legally have to spend on those four stations.
So, that footnote back there, I think, was just getting credit that
they were able to do two at dollar amounts less than what the AUIR
has as a -- what's this, a standard cost?
But this is what we do have in the budget today and that $11
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October 26, 2007
million is how much money we are borrowing to build those four
stations.
And that, too, is in the budget, the 11,092,900 as a revenue.
COMMISSIONER CARON: Okay. Got it.
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: And it's really -- the fiscal year
six seven ends at the end of this month; right?
CHIEF PAGE: Actually, it ended September.
COMMISSIONER SCHIFFER: Okay. All right. But it says
four units brought on line but not yet constructed. I'm -- I'm confused
at exactly what that means.
CHIEF PAGE: Well, I -- I think you recall, you know, we had
an issue before about how long it takes us to get these stations going.
You know, as far fast as we can get it completed, we're all in the
process of doing that, but --
COMMISSIONER SCHIFFER: So, you're never under
construction now. In other words, their delivery date is obviously
floating above us.
CHIEF PAGE: I don't know that anyone of them has actually
started construction at this point. Some are still going through -- I
think we're ready to go ahead and start the -- the bid for the architect
or the architectural work has been done but the actual construction has
probably not started for another month.
COMMISSIONER SCHIFFER: All right. Thank you.
MR. BOSI: And I believe the -- the chief had mentioned a
couple of times, those -- those actual ambulances are being -- are
operating within the system right now, but they're doubling up at
stations.
It's just that in the construction of the permanent stations -- their
permanent stations hasn't taken place yet.
COMMISSIONER SCHIFFER: Thank you.
MS. HILLER: May I?
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October 26, 2007
CHAIRMAN STRAIN: Go ahead, Miss Hiller.
MS. HILLER: Can you explain to us when you have incoming
911 calls how you separate the -- the ALS from the non-ALS type of
calls and -- and whether there would be in way, for example, that you
could possibly -- I mean, one thing that we've talked about a lot as --
as a productivity committee is the possibility of like outsourcing for
the non-paramedic calls.
You know, for example, having private contractors as ambulance
carriers and -- and things of that -- that nature.
I mean, I don't know if that's necessarily a good idea or a bad
idea. I'd like to hear your thoughts on it and -- and, again, you know,
just to make sure that, you know, a paramedic usually doesn't go to,
you know, a run away dog call or something like that, or a -- you
know.
CHIEF PAGE: Yeah. The -- the -- the dispatchers identify the
calls Alpha, Bravo, Charlie, Delta, basically in the severity of the call
with alpha being the lowest.
So, that's -- that's already done, and I -- I had mentioned earlier
where we got together with the ALS engine participants.
Remember, there's only five actually participating in the
program, but they had agreed to -- to work out the definition of who
would respond to, say, an alpha call and who would respond at what--
some may respond by themselves, some would respond with lights
and sirens. That's being done. And that should be implemented
within the next few weeks, I believe.
Now, as far as -- you bring up an interesting point. If you
remember, the Board of County Commissioners gave Naples
Community Hospital a COPCN, so they could provide transports
between the facilities.
You asked what my opinion is about that. That is revenue that's --
that's lost that typically has a high collection rate.
Currently the EMS building ordinance allows us to build the
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hospital directly for those type of calls.
So, you're talking a hundred percent collection.
When you -- when you start giving that out to private providers
or, in this case, the hospital, that is a revenue. We probably lost about
three million the first year that we did that in revenue.
So, that's just another component to look at when you're looking
at the big picture of overall costs, that if you go strictly to an
emergency only, the amount of revenue definitely is going to be
affected by them.
Does that answer your question?
MS. HILLER: Yeah, it does. Thank you. And --
CHAIRMAN STRAIN: Okay. On Page 151, does anybody
have any questions from the footnotes on Page 151?
Page 152 begins an air narrative for EMS.
Any questions?
153 is the peak season table. We've had a series of tables
provided to us with replacement suggestions.
Any questions on the table or tables?
Brad, we have a simple chart on 154. Can I give you simpler?
COMMISSIONER SCHIFFER: The scales are all matched up.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: Good job.
CHAIRMAN STRAIN: Page 155 is a map, 156 is a listing of
stations, 157 and 58, costs involving EMS, 159 are the EMS zones,
160 our response times, and 161 is off the response times, 162 is the
ALS agreement map.
There are notes and analysis on Page 163. We have travel times
statistics on Page 164. 165 is a bar chart, as is 166 and 167 and 168.
And the final few pages of the document are emergency medical
services actions from 2006 in regards to these boards and general
discussion.
Are there any questions on the balance of the emergency services
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October 26, 2007
document?
Randy, do we have -- are any members ofthe public wishing to
speak on this issue?
If so, all you've got to do is raise your hand. Okay.
MR. SUMMERS: I'll be public.
CHAIRMAN STRAIN: Sure. Go ahead, Dan. We always
welcome your input.
MR. SUMMERS: Good morning.
For the record, Dan Summers, Director of the Bureau of
Emergency Services for Collier County.
I hope my comments are not premature, but Ijust want to
mention a couple of things briefly.
I want to thank you for your patience regarding the nature of the
delivery of the document.
Emergency Services Consultants, Incorporated, they're hard to
get. They're probably doing about 26 similar studies just in the State
of Florida alone right now, so there was delay. We had to get into the
cue. We wanted their top-notch researchers on there and an awful lot
of this going on.
And I think they've provided a very good internal look for us.
We did narrow the scope. There were some areas that were not
covered primarily for the sake of time, but we knew we're generally
institutionally in pretty good shape, so I want to thank you for that.
But I think we've got an excellent product and an excellent process.
I wanted to ask you to remind the general public, although you
all have done a great job of helping us find the nuances for
improvement at Collier County EMS.
By no stretch is Collier County EMS broken. It's a very healthy
organization. It has some of the nation's finest trauma and prehospital
care cardiac outcomes.
And that's due to partners. That's ALS engines, that's our
medical director, very aggressive in terms of medical performance,
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October 26, 2007
our medical director, and some very dedicated men and women in
Collier County EMS, as well as our law enforcement partners.
So, I would hope that you would be proud of the investment that
you have, and I thank you for trying to chart a very solid future for
Collier County EMS as well.
I just want to mention one comment that Miss Vasey, has
mentioned in terms of cost.
And I think the biggest value that I want to share with you in
your desire to measure the ALS Engine Program, and I think you were
there and I wanted to restate.
It's really almost future cost avoidance. And that's where I really
think -- it's hard for us to put a number on that, but as we have
balanced our system, which is something Chief Page and the fire
district do every day, because they're so committed to a professional
and timely response, that when you look at health care responsibility
in general, and you see how those costs are -- are skyrocketing every
day, what we had in fact done with some of this is done some cost
avoidance.
And I know we don't really count cost avoidance in the AUIR,
but I hope that you might look at it in that perspective.
And the other thing is, is that this -- you know, the talk about our
continued commitment to public education and awareness, we have
CPR DVDs and programs the fire department has, those programs
from time to time and we'll continue to be aggressive with our public
and citizen CPR.
I grew up in that environment at the university environment
doing those CPR programs all the way back to the university base
level, so -- and that is -- that -- that counts very much towards our
outcomes. And just want to let you know that we're committed to
that.
But by many stretches Collier County EMS is in great shape and
this document, I think, will help us continue to be better and to let you
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October 26, 2007
understand that we have a thousand variables in our operation every
single day, response time, climate, road conditions, concurrent calls
and the list goes on and on.
So, while we -- we like the idea of having the standard for
planning, understand that we are working very hard every day to -- to
refine and zoom in on areas where we see different changes in
demographics, different changes in call types, addressing cardiac care
or trauma care and general medical for a community that really has
some very unique geographic challenges, so I just wanted to share
those closing remarks with you.
And thank you.
CHAIRMAN STRAIN: Thank you, Dan.
Do you have any questions of -- go ahead, Mr. Cohen.
MR. COHEN: Mr. Chairman, I need to clarifY something for the
record.
Miss Usher previously addressed this joint body with regard to
the -- the debt service, the -- the line item where it says, general fund
loan to make commercial pay for ES payments, and there was
conversation afterwards between the acting manager and the Office of
Management and Budget.
The long-term strategy of both the board, and that being the
Board of County Commissioners, and also the Office of Management
and Budget working in conjunction with the County Managers, not to
forget the debt, but actually to pay that debt back.
I wanted to clarifY that for the record.
CHAIRMAN STRAIN: Thank you.
Are there any final questions from the panel?
Chief, I have one question and it probably was answered and I
may have missed it in the documentation.
User fees. How are you -- do you know -- do you know -- do
you charge or have user fees and how they factor in the revenue
stream?
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CHIEF PAGE: Yes, sir, we do. Currently, I think that it's about
51 percent ad valorem draw right now and 49 percent is funded by
user fees.
CHAIRMAN STRAIN: Okay. Are the user fees at a hundred
percent of cost? How do you charge? Or do you -- is there a
possibility of looking at those for increases?
CHIEF PAGE: We look at them every year.
CHAIRMAN STRAIN: Okay. All right.
CHIEF PAGE: And we are going to be making a
recommendation to the board probably in January to increase those
fees again this year and make up some of the time.
CHAIRMAN STRAIN: Okay. Thank you.
Are there any other questions?
Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: Why do we charge impact fees
to the construction of hospitals? To me that's impact fee humor to
have an EMS charge when you're building a hospital.
CHIEF PAGE: Well, they -- there are a lot oftransports that are
generated from the hospital. I mean, are you suggesting --
COMMISSIONER SCHIFFER: When you're going out the door,
come around and come back or --
CHIEF PAGE: Well, no. I mean, from facilities, both in county
and out of county.
COMMISSIONER SCHIFFER: Okay. So, these are moving
patients back and forth. And the hospital generates that need.
CHIEF PAGE: They -- they generate quite -- quite a few calls.
COMMISSIONER SCHIFFER: Thanks.
CHAIRMAN STRAIN: Any other -- Miss Hiller.
MS. HILLER: I'd like to make a comment, if! may.
CHAIRMAN STRAIN: Sure. Go ahead.
MS. HILLER: I believe we're going to go to a vote next?
CHAIRMAN STRAIN: Well, I mean, the planning commission
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needs to take a position on it. What your group does is up to you,
guys.
MS. HILLER: Right. I just want to make a -- an observation.
First of all, I'd like to thank Jeff for -- he was giving us such an
informative presentation and for taking the initiative to put together a
master plan.
What I -- I would like to recommend, if! may, is that if somehow
EMS, fire, the Sheriff and -- and the community come together in a
further, more detailed analysis.
And when I say the community, I mean, getting the community
involved in public access to fibrillation programs so that we have a
total picture of, you know, what's really needed vis a vis the EMS
program.
I have to agree with what Jeff says. You know, it's all about
public health and safety and that is a priority. And, you know,
whatever we can do to make that the best we can, we have to commit
to doing.
So, I think all politics set aside, everybody needs to work
together to come up with the most realistic number to save people's
lives.
CHIEF PAGE: We're very committed to the AED program, and
we certainly recognize the benefit from having those units out there.
We're very product of the fact that it was our EMS department
and Collier County was the first to draft an AED ordinance in the
nation, so there's a lot of communities that have since adopted that
same policy, but we -- we still think that we're ahead of them.
So, thank you.
CHAIRMAN STRAIN: Okay. With that, we will-- I'll ask the
planning commission on what the desires of that board is since we
have to send -- forward a recommendation of some type.
COMMISSIONER SCHIFFER: Mark, what I'd like to do is see
that we do look into using the alternate level of services.
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In the introduction, it describes that as one of our tasks. And I
think that this report is starting to work on what would be a better
method of establishing a level of service.
CHAIRMAN STRAIN: I would agree with you on that. I think
that the -- an alternate level of service is something we certainly
should consider, especially with the Chiefs testimony today in regards
to how it could be more practically applied by using a different
number.
I -- I think that the 24 recommendations in this master plan would
be very important to understand how they affect this overall program.
The split level of service that's suggested as one of the
recommendations -- I mean, I live in the rural area. I moved out there
not expecting the same response time that you get in the urban area.
Anybody that moves out there, if they have any understanding of
where they're moving, would expect the same thing. So, I think that --
that the same level of service expectation countywide is certainly a
concern, because you -- you've got an imbalance who's paying for
what for what they're getting.
And I -- I really don't think it's fair to go for all the taxpayers that
way.
I think the lack -- the duplicity that occurs because this
department can't control the ALS units, therefore, they don't have as
much of a way of factoring them in, it's the same excuse we got from
the Parks and Recs Department.
They don't control the state parks, so they can't factor them in.
So, what happens is every agent of the government then comes back in
and refactors in facilities that are duplicated by others because they
won't cooperative in how they count them.
That's a failing of this system, and I think because of that -- I
think ALS units ought to be listed at least in the page. Maybe they
won't be listed as a value, but listed so that we all understand they're
out there and how they change year to year whether they go up or
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down.
I think that's an important consideration for the -- for this board.
My -- my suggestion would be that we would recommend that
this go forward on the basis that there's no impact in this year's tax
base and that there is no surplus or deficit shown on the bottom line
until such time that these other matters involving the master plan and
reaction to the master plan are worked out, because I still worry that
showing a deficit is going to have a -- going to come back and nail us
down the road unintentionally.
So, if we were to make a motion, I would suggest we make one
with those comments in mind.
So, Miss Caron?
COMMISSIONER CARON: Yeah. I think based on the Chiefs
testimony today that we ought to be thinking, you know, in terms of a
level of service based on the sixteen four, and that will change
whatever deficit happens to appear there as well.
So, he seems to be comfortable with that. It's what we're
operating at currently essentially, and to make that recommendation as
well as to incorporate the master plan recommendations I think would
be the way to go.
CHAIRMAN STRAIN: Well, is there a motion from this panel
then?
I mean, my -- my comment to Miss -- to Donna really is that I
agree the level of service needs to be changed. I just don't know if
sixteen four is the right number based on the pending analysis of that
master plan.
That was the only -- only discrepancy I might have to your --
your comments. Not that I disagree -- I don't disagree with you. I'm
just not sure that we -- we can't do even better or worse than sixteen
four, and with the split level of service, how that will impact that
number, so --
COMMISSIONER CARON: I would just say the only reason
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for doing the sixteen four now is it gets us moving in that direction.
If the caveat is also to incorporate what can be incorporated from
the master plan, then I think we served that purpose, because if it says
that our level of service should be one in 18, you know, so be it. It
will get changed as well.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah. I'd actually like to see us
not make a recommendation other than revise the methodology of
determining level of service.
I think one of the things it does is show that there's other ways to
do it other than population, and I think it's important.
It's not just our population. It's the demographics of it. It's the
location of it. And that's what's, I think, a more true need for a level of
serVIce.
CHAIRMAN STRAIN: Well, one of my biggest concerns is that
if this page continues on with a showing of deficit, I don't -- I think
that's an issue that I'm concerned about what that means.
And the only way that deficit may have to be removed is to
change some of the statistics enough to get there based on the outcome
of that master plan study.
And I wouldn't want to hinder our recommendation by fine
tuning it so much that they can't be flexible enough to get there with
this particular year's AUIR.
Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: Well, I agree with you totally.
I would like to make that recommendation with --
CHAIRMAN STRAIN: Mr. Bosi wanted to comment. I want to
make sure we have all the comments before we go to motion.
MR. BOSI: Well, Ijust wanted to -- to state that currently we
basically do have -- we have -- we have adopted a level of service
within our AUIR of one to 15,000.
But if you listen to everything that Chief Page says, what dictates
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this system is response time.
So, I -- I think maybe what -- what Brad is looking for is what --
is to exchange a constant level of service tied to the population to
response time, but for the purpose of the AUIR, to show the projected
population we expect in the next five to ten years.
It's always going to have to be tied back to populations just for
the -- for the purpose would be -- that the purpose of what the AUIR
shows and that's again to mean that we're going to have the
commensurate number of units with the projected population growth.
COMMISSIONER SCHIFFER: But my -- where I differ, and I
think the table on 178 -- I mean, it shows that as the population
changes, you know, depends on how the population changes at the
level of service.
And there's nothing that says I can't change per year. They did,
like you pointed out, do a denominator for us to see how that matches
up or that -- and it's changing. There's nothing wrong with that. It
depends where the population arrives. So, I have trouble with that.
CHIEF PAGE: Mr. Chair, if I could give --
CHAIRMAN STRAIN: Yes, sir.
CHIEF PAGE: -- one comment and then I'll be done.
I think that what they recommended and where we are right now
is -- is pretty much even. We recognize that right now we're almost at
or very close to that 90 percent in the urban, and right now, currently,
we're at a 12-minute response time in the world. We know that
presently.
Trying to -- I love the sliding scale that they provided, but I
understand why we can't use it in talking to planning.
So, what we were hoping is, is that we adjust the level of service
number to fit that model. In other words, if we can't have a sliding
scale where it changes, what gets us to where we need to be as far as a
rural and an urban response time?
I mean, I think we're there currently. That's -- that's one of the
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reasons we did not recommend any growth units. We think we're
where we need to be and they justify that in that report.
CHAIRMAN STRAIN: But if you get to the level of service
standard that you're suggesting, you still show a deficit of about
$10,000,000.
Is that not correct?
CHIEF PAGE: That's correct.
CHAIRMAN STRAIN: Okay. I -- I don't doubt that maybe we
do need more units pending the outcome of the incorporation of this
master plan. And if that's true, that's fine.
I have a problem now, because I'm in a unique situation. I made
it clear during the prior AUIR meetings that I felt the only way we
could assist or recommend an impact fee increase, because I certainly
wouldn't suggest an ad valorem taxes, but adding an impact the
increase for a needed service like emergency facilities, what's to see
corresponding decreases in others so that when the new studies were
done, we would get another impact fee study that would hopefully
show we would have an increased impact fees.
But I wouldn't even attempt that if we had no -- if we had to
break the ceiling on the current impact fee cap.
Well, the vote on the Parks and Rec was critical to that
philosophy because the Parks and Rec is not going to have any
movement to reduce their expenditures, then there's no way that
anything else can be increased unless it's the ad valorem taxes or we
increase the ceiling we currently have in impact fees, which
philosophically I -- I have a problem with that. It's pretty high right
now.
So, that's just -- that would have to be my position on this and
that's why I'm trying to tow the line on the deficit figure.
I don't doubt you need it, Chief, and I think you're a lot more
important than Parks and Rec in my book, but I don't know how to get
there today based on prior recommendations.
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So, that's my only reason. If! -- if! vote differently, that may be
the only reason I have.
MR. COHEN: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
MR. COHEN: For the record, you know, just to make things
easier with respect to level of service and population. I think it's
probably important for Mr. Page. He says he's there right now. We're
at one to 15.
Obviously, he mentioned that he's there right now, I think at one
for sixteen two forty.
Do you have a recommendation to this body with respect to a
population number that you feel more comfortable with than the one
for 15, because I want them to make a -- obviously an informed
decision based on the population number that moves forward and then
I have -- I have something I want to discuss with them with respect to
how to maybe fix these forms a little bit as they moved forward to the
board.
CHIEF PAGE: Well, let me just say this. In 2001, I was
involved with the productivity study where at that point they were
telling me I needed more units than I was requesting.
For me to come up here and say I'm recommending that we lower
our level of service standard and then, you know, in three or four years
I'm proven wrong because, you know, response times are degraded,
cardiac survival rates are degraded, I'm a little bit uncomfortable with
that.
What I'm saying now is currently we know we're operating at a
one to 16,240. We feel very comfortable with that. I -- I certainly
don't want to see more units than we need. I mean, that -- that would
be obvious to anyone as soon as it happens.
If I had to make a recommendation today, my recommendation
would be one to 16,400, I think, was one of the -- the grabs that we --
that pretty much brings us in sync with what we are right now
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operating under. So, that answers that.
CHAIRMAN STRAIN: Just so the note, you know, the only
solution is may not be to change the population again. It may be to
count the ALS units in a manner that -- that takes the bottom line.
And I understand you're doing that in response time. But it's,
again, like a suggestion of duplication of counting between agencies.
Maybe they are more valuable. Maybe there is a way to count
them into the A UIR --
CHIEF PAGE: Right.
CHAIRMAN STRAIN: -- through an interlocal agreement or
something.
CHIEF PAGE: If do you, it still doesn't -- I mean, we've
calculated them in the response times.
If you add their units, let's say we add 20 more units to our 26.5,
well, then the number is we need 55 or whatever it is.
I mean, I don't know how you can -- adding them to this AUIR is
not going to change that the level of service standard still needs to be
adjusted.
CHAIRMAN STRAIN: Okay.
MR. COHEN: And the other clarification, you know, Mr.
Chairman and members of the CCPC and the Productivity Committee,
based on the discussion I just heard, regardless, we're going to still
show a -- no matter what population methodology we would show,
there would be some type of deficit in units.
But based on the conversation that I heard, you would want a
zero out that line, which is under value costs associated with that, to
show that maybe these deficit in units, but no costs associated with
that because of the current concerns associated with about potentially
the words "moratorium" that you mentioned earlier and -- and -- and
things along those lines.
I just want to make sure how you want that -- that summary page
to be reflected.
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October 26, 2007
CHAIRMAN STRAIN: Hide the reflection of showing a deficit
right now without a source of revenue to support that deficit concerns
me only because it's either going to mean an increase in ad valorem
taxes, an increase in impact fees or a moratorium.
Now, to be honest with you, because ofthe conditions ofthe
other elements that we've discussed and the lack of movement on
some of the other department sites, I don't see any of those personally
as acceptable to this county.
MR. COHEN: And I guess my point is, is that we would put a
zero in there and asterisk it and basically put units are -- maybe units
are identified as needed, but no funding source has identified at this
point in time to -- to, you know, to --
CHAIRMAN STRAIN: Randy, I don't think anybody in this
room knows what that number is going to be. That's why for us to
recommend an approval on a number that we don't know what it's
going to be because we have a master plan that was received 24 hours
ago that has not been digested by the very department presenting the
document as far as recommendations and how they influence the
document, the infinite bottom line, I just don't want to see a false
number put there.
Because ifit is, it's going to be one of three things has got to
happen, and we don't know if the number is valid enough for any of
those to happen.
MR. COHEN: So -- so, when it comes to -- and I just want to be
clear on this.
When it comes to both lines there, but we could put under units
yet to be determined.
CHAIRMAN STRAIN: What did you do last year? I can't
remember at the end, because last year I leave it status quo. They
didn't take the money and nothing came as a result of it.
I can't remember what we did last year.
MR. BaSI: Since 2005, the Board of County Commissioners
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have been presented with an AUIR that has shown a deficit with EMS,
and they -- and there's been no action taken upon that deficit.
CHAIRMAN STRAIN: Okay. But then we were always part of
the CIE, which gave certain abilities to argue the point. Now we're
not part of the CIE. We're pulled out.
So, now, all of a sudden we don't become inconsistent with the
CIE for reasons. Now we're health, safety and welfare reasons, which
are more ambiguous than defined language in the CIE; hence, my
concern. My heightened leve of concern over that deficit number.
MR. COHEN: And my -- my concern is that it's reflected on that
summary page in a manner that you want it to be reflected.
CHAIRMAN STRAIN: Okay. That's a fair statement. That's
what I -- that would be my suggestion.
And I think you understand my statement, but I'm -- that is not
what's been voted on here yet. I'm expressing my views to you.
I don't know if -- Mr. Schiffer?
COMMISSIONER SCHIFFER: And -- and, Chief Page, tell me
ifI'm wrong, but essentially what you really want, but to cut to the
chase, you want four more units within the next five years. Correct?
CHIEF PAGE: Yes.
COMMISSIONER SCHIFFER: No matter how you play with
it?
Can't we just work with -- you know, change that deficit to four,
back the numbers off and move on?
In other words, we're showing the 6.8 deficit and it's because of
population, so come up with the -- the unit. The unit really is -- is a
disaster, but we're not going to change that this year.
MR. COHEN: You know, whatever -- whatever the desire of --
of the recommending bodies are with respect to the number of units,
that's -- that's up to you and we'll carry those recommendations
forward.
MR. BOSI: Brad, the -- the one to 16,400 basically expresses
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October 26, 2007
new units needed based upon that standard of three -- three and a half,
so --
COMMISSIONER SCHIFFER: Well, is there one that would
give you the four he needs and just go with that?
I mean, it's just a matter of playing -- backing the number around
and we're playing with a number.
MR. BOSI: I mean, it's probably somewhere between six -- one
to 16,400 and one to 16,600, somewhere in between there would
probably get you closer to that.
COMMISSIONER SCHIFFER: 16,500.
CHAIRMAN STRAIN: Miss Caron, did you have a comment?
COMMISSIONER CARON: Yeah. I think that -- that using the
one in -- in 16,400 is what we should have on here. I have no problem
showing a deficit.
I think the County Attorney has already weighed in on this issue,
and I think it's -- I think it's -- I think that it's unnecessary as a -- as a
spare topic or something, that suddenly there's going to be a
moratorium because we have this deficit in EMS.
And I -- I just don't -- I don't get that. I don't understand.
COMMISSIONER SCHIFFER: Mark, let me --
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: And, Jeffs analysis of why we
need a moratorium isn't fully complete, because like, for example, I
did a psychiatric hospital in Middliville (sic) where we mitigated that
problem of EMS by facilities we built on site.
So, you know, he's describing the worst case scenario. There's a
lot of ways to get around that concern, so it's not as scary as Jeff
portrays it to us.
CHAIRMAN STRAIN: Okay.
MR. COHEN: Miss Caron -- and if you do decide to with the
route with unidentified revenue source, we will actually asserts that
that -- that particular item and show that there's an unidentified
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October 26, 2007
revenue source to fund those items.
CHAIRMAN STRAIN: Well, there's alternatives then.
With that, this panel, this five -- what, we have six of us here
today.
Ready to make a motion?
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I think -- I think we need to
move ahead and I now make a motion for approval.
I just have a couple of questions. I don't want to add ad valorem
taxes. I can't see us raising impact fees.
And are you comfortable where this deficit here is going to be
addressed so we don't wind up stopping projects?
CHAIRMAN STRAIN: I have my own thoughts on that.
Obviously, people disagree. I just have -- I don't want this turned into
something it isn't, and for that reason I'm still concerned.
But, Mr. Vigliotti, in your motion, if you -- your motion can
include -- you could recommend approval, but not recommend any
increases in impact fees, any increases in ad valorem taxes, and --
COMMISSIONER VIGLIOTTI: Right.
CHAIRMAN STRAIN: -- you know, that we look at a readopted
change in level of service and a implementation of elements of the
master plan that are practical for Collier County.
That might be a way to approach it. And in light of the conflict,
put everything on the table. And my issue is my issue, so --
COMMISSIONER VIGLIOTTI: I'm really concerned about
those two or three issues, so if anybody understands my motion --
CHAIRMAN STRAIN: Mr. Vigliotti's motion, I believe, and I'll
restate it and I'll need you to confirm that it's your motion and get a
second, is that you're not -- you're recommending approval subject to
no increase in impact fees, no additional ad valorem taxes,
implementation where practical of the master plan element, and
reducing a leve of service that is recommended today to 16,400.
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Is that your motion?
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: Okay. That's Mr. Vigliotti's motion.
Is there a second?
COMMISSIONER SCHIFFER: Well, I'll second it.
CHAIRMAN STRAIN: Okay. Second by Mr. Schiffer. Now,
discussion.
COMMISSIONER SCHIFFER: Shouldn't we also be changing
that five-year surplus added to a four? You're saying that will
automatically happen when we do the thing, that it will take the 3.8?
MR. BOSI: No. The -- the summer phase, that's going to go
before the Board of County Commissioners. That's commensurate
with the policy of EMS right now, meaning there's no new growth
that's being planned within this AUIR.
There will also be provided a summary page with -- with -- that
will show the one to 64,000 -- one -- or one to 16,400 and what the
effect of that is upon the deficit and what the expenditures would be
required at that level.
CHAIRMAN STRAIN: So--
MR. COHEN: What will transpire, and let take that a bit further.
We're going to have to modify that summary page to take into
consideration all aspects of your recommendation as well as any
charts that flow from that, we're going to have to modify those
accordingly as well, too, including the graphics that follow.
So, there's going to be a huge EMS section, is what it boils down
to, but that's okay.
CHAIRMAN STRAIN: Okay. Any other discussion?
Okay. I will --
COMMISSIONER SCHIFFER: I'm sorry, Mark.
Can we recommend -- one of the recommendations is that we
review the methodology for the level of service?
Is that --
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October 26, 2007
CHAIRMAN STRAIN: Well, I think they just -- Mr. Vigliotti's
motion included reducing the -- oh, you said the methodology.
COMMISSIONER SCHIFFER: Methodology, not the number,
so --
CHAIRMAN STRAIN: If you feel that needs to be added, then
you can ask the motion maker to -- to add it. If you want to -- you're
specifically what?
COMMISSIONER VIGLIOTTI: Be able to split it?
COMMISSIONER SCHIFFER: Well, in the report it -- it really
studied -- one of the major features of the report is studying a different
methodology to determine the level of service.
Again, who came up with this, I don't think that it's in this report,
but it's a unit of hourly utilization, it takes into effect the
demographics, the travel distances, all that stuff to come up with the
deal.
What?
COMMISSIONER MURRAY: I'm sorry. I'm fine.
COMMISSIONER SCHIFFER: Anyway, what's made a lot
more sense than, oh, let's look at Naples in the eighties and figure out
one station per 1500.
CHIEF PAGE: Just a point of correction here.
Now, a unit hour utilization is completely different than how you
came up --
COMMISSIONER SCHIFFER: Right.
CHIEF PAGE: You're talking about the population
demographics.
COMMISSIONER SCHIFFER: Right. They ultimately use that
methodology to come up with --
CHIEF PAGE: Right.
COMMISSIONER SCHIFFER: -- their chart, which they
ultimately translated in population so we could understand it, I guess.
MR. COHEN: And to clarifY, Mr. Schiffer's recommendation, I
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October 26, 2007
f
guess what you would like more is more of an intense evaluation of
the AUIR in conjunction with the study prior to you seeing it next
year is what I'm -- I -- I think you're getting at, and then
recommendations flowing from that?
COMMISSIONER SCHIFFER: It's pretty simple. Let's just look
at a different methodology to determine level of service, something
that reflects the issues brought up in that recordance (sic).
CHAIRMAN STRAIN: You're suggesting that another
stipulation -- another consideration that the EMS look at additional
alternatives from methodology.
COMMISSIONER SCHIFFER: Correct.
COMMISSIONER VIGLIOTTI: For next year.
COMMISSIONER SCHIFFER: Oh, of course for next year.
CHAIRMAN STRAIN: Is that acceptable to the motion maker?
COMMISSIONER VIGLIOTTI: Yes, it is.
CHAIRMAN STRAIN: Is it acceptable to the second since you
made it? Okay.
COMMISSIONER SCHIFFER: Let me think.
CHAIRMAN STRAIN: Now, we have everything discussed just
so -- for the record's clear, I support all of the elements in the motion,
but I still have a problem in not having a bona fide deficit number
shown on this document as a result of this master plan.
I'm not saying there won't be one, but we don't know what that is
and, therefore, I can't support the motion and that's just my personal
perspective on this issue.
So, with that, we will call for the vote.
All those in favor of the motion as stated and stipulated signifY
by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
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October 26, 2007
CHAIRMAN STRAIN: All those against, signifY by the same
sign. Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Okay. So, motion carries four to two.
Planning -- or Productivity Committee, how did you want to
handle it?
MS. VASEY: Would you all like to talk about it a little bit?
MR. HARRIS: Motion, too?
MS. VASEY: Okay. Who wants to start?
MS. HILLER: In addressing the impact fees, I'd like to ask a
couple questions, Jeff.
On the documents that you handed out, you said discussions are
underway -- as a footnote, I should say.
Discussions are underway with the various fire districts;
however, it has not yet been disseminated which units would be --
(inaudible) --
THE COURT REPORTER: I can't hear.
MS. HILLER: -- (continuing inaudible) co-located and,
therefore, the value, production and planning also co-located -- sorry
-- at rate of two-thirds owned and one-third co-located would equal
three million and whatever.
It sounds to me like you're still working with fire on making that
decision.
Am I correct in interpreting that footnote in that fashion?
CHIEF PAGE: At the time it was printed, but since then one of
the stations will be co-located with waste-water. They have some
property up there. There's one right across there and we're doing a
joint building with them.
North Naples fire has indicated a -- co-located with us at Heritage
Bay up in North Naples and also a station at Old 41 and new 41.
MS. HILLER: So, in fact, this -- these last set of numbers we
had just received need to be further updated to reflect the economic
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October 26, 2007
impact of these agreements?
CHIEF PAGE: Why, I think that goes back to where -- that front
page where we were listing the cost of what was budgeted for those
four stations.
MS. HILLER: But so -- then that page would have to be adjusted
CHIEF PAGE: Yes.
MS. HILLER: -- also? Okay.
CHIEF PAGE: And we know that we came in lower than we
were going to.
MS. HILLER: Okay. So -- so, basically we -- we -- I mean, this
is just reconfirming, but yet another perspective we need to revise the
numbers in order to come to a -- a conclusion that you stated.
Okay. That's great.
The other thing I want to say, and this is not really related
specifically to this study or anything else, but -- and -- and this will be
a two-prong comment.
The first is Chairman Mark Strain and I at our last hearing that
you were not a part of pointed out the vast differences in the impact
fees for the, you know, various level of service analyses.
And I have to remark that, you know, he made the point that
parks is $3,000 per dwelling unit.
And when I look at your Page 35, your proposed fee for 2008 is
$137.15.
And I have to say that it ties in with what Jeff said, and that is,
you know, health, safety and welfare of the public has to be Collier
County Commission's number one priority.
And, you know, what the number ought to be, I don't know
because it just seems there are just so many open questions with
respect to the figures, but I will say that -- that somehow there seems
to be a -- I -- I guess, the -- the priority doesn't seem to be where I
think it ought to be, which is in health, safety and welfare when you
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look at a discrepancy like that.
And, now, that leads into my next question, and that is whether
that $13 7.15 per dwelling, is that -- that was based on an impact fees
nexus study, and that assumes that you are -- that is the maximum
threshold based on your studies?
Am I correct in understanding that?
CHIEF PAGE: Yes.
MS. HILLER: Or is that a -- or, you know, because we -- we
understand each other. We've spoken about this in the past where that
number actually can validly be lower than the threshold and -- and still
be an acceptable number. It can't be higher, but it can be lower.
So, am I understanding that this is it?
Okay. Well, ifit is--
CHIEF P AGE: Yeah.
MS. HILLER: -- that's what it is.
Thank you.
Anybody else?
MS. VASEY: Let's talk a little bit about the level of service
standard that we would like to see forwarded to the board.
We've talked about the one for 16,400 and the one -- they've
given us information on one for 16,240 and one for six -- 17,000.
Are there any -- or do we want to see any of that presented at our
productivity meeting on -- on Wednesday, or do we want to
recommend any of those levels be presented at the board meeting, the
BCC next Monday?
MR. HARRIS: I think we should support Chief Page's
recommendation, including the two different levels of service that
seems -- and would be practical.
MS. HILLER: I think--
MR. SW AlA: I agree -- I agree with Steve. There's something
wrong with the profit when all in-houses come down with the wrong
answer.
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October 26, 2007
Somewhere along the line we've got to get back to the right -- the
right way of expressing level of service.
And I understand why that has to be converted in population, but
we've got to get back, and I think that Chief Page has this document
on the right track, go back as to the response time.
And we've got to do more than establish the point. We've got to
go with the distributions.
I'm a potential customer of yours in the future.
CHIEF PAGE: I'm right there with you.
(Laughter. )
MR. SW AlA: I'm a potential customer. I'm concerned about
how fast your response time is, but more importantly, what end of
distributions are I'm going to be at? Okay.
I want to be in the fast side, not on the slow side.
And I understand also the difference between Mark and 1. He
lives out in the boondocks and I live in paradise, Marco Island. So, I
understand the difference.
I'd like to see the analysis -- I'd recommend to the productivity
meeting that we get this document, which I just received this morning,
and we make this one of our projects to work with EMS to help them
move this forward and convert what's in here into an operating time
we can live with.
Okay. And it's the right thing for the citizens of this county.
I have the same problem Mark has in terms of understanding how
Parks and Recreation $3,000 a unit versus 137 for EMS. I mean, just
something's coming in wrong.
And there's something fundamentally wrong when we can build a
brand new community out in the boondock called Ave Maria, but then
we can't resource it, to provide EMS service for people who are
intending to live out there.
And that's a nice community by the way. I'm -- I'm impressed
with it. I've been there twice with it.
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There's something wrong with our process in this county, the way
we're doing this, also with the way we take care of debts.
In industry -- if we did this in the industry, the last time I saw this
type of thing happen, it was Stirling Home, and most of those guys
went to jail.
So, I have a problem with how we do things countywide in
government. I mean, I can understand why you do it the way you do
it, but it just blows my mind.
How can you make the right decision? Sorry.
MS. VASEY: Okay. Some -- some of the things I'm hearing I
agree with.
I'd like to recommend that we do the -- the level of -- some
papers, like -- like this originalIOO, 150, Page 150 that we could have
a summary sheet like that, that would show a proposed alternative to
the -- to the Board of County Commissioners based on the one for
16,400 with all the appropriate costs information and everything, too,
so that they'll have that information.
If possible, we're going to be taking this up on -- at the
productivity meeting on Wednesday, if it's -- if that kind of
information would be available on Wednesday for the whole
productivity committee to look at, we would really appreciate that.
If you can't, you can't, but if you can --
CHIEF PAGE: We can do whatever you need to do.
MS. VASEY: Okay. That would be great because I -- I think
that -- that's going to be our -- our recommended level to discuss
anyway at the meeting.
I was also -- I -- I sort oflike the one for -- one for 17,000,
because if you look at your table on 180 -- 178 in the master plan, at
the end of five-year AUIR period, the resulting population per unit is
17,000.
So, even though it's -- it's different levels over the five-year
period, I think you can make a -- an argument that it should be -- that
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-- that you could take the last year and make that the level you're
going to.
But I'm not uncomfortable with the 16,400 as the current level of
service, so that we would just continue for -- for this AUIR.
So, it sounds like that's what the -- the majority of our group is
interested in, so -- so, we'll -- I'm not -- I'm not asking for both. We'll
just ask for the one.
Yes, Randy.
MR. COHEN: Miss Vasey, could you clarify. The planning
commission was very specific with respect to the value cost revenue
side of things with regard to no ad valorem taxes being spent.
Obviously there's going to be a cost associated with those units
and that value cost added section at the end of there.
Do you have any specific recommendations with respect to that,
when we -- when we redo that page for you?
MS. VASEY: Well, it would be my preference, and we can all
weigh in on it, to show that amount of money.
I think that level is around -- was it ten million? That would be
an additional cost.
MR. BOSI: 10,207,378.
MS. VASEY: Okay. Thanks, Mike.
I -- I would -- I would like to see that number down at the bottom
and -- and right at this point, that's just a -- this is what it costs and --
and there will have to be some discussion later of how that might be
paid for.
You know, we all know that there's not a lot of money available
in impact fees. We know that the -- we're constrained on ad valorem
taxes as a result ofthe Tax Reform Act.
And, you know, where else do we go for the money?
MR. COHEN: We draw in an asterisk that would be like a
funding mechanism, unidentified at this time.
MS. VASEY: Right. I don't know where else you can -- you can
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identify it right now.
MR. COHEN: Okay.
MS. VASEY: And -- and we may have some recommendations
on Wednesday at our meeting, but -- but right now, I don't think we
would have anything.
So, if you could have that -- that level and then I would also be
recommending that we address the -- the funding issue of financial
feasibility with the general fund blown, and -- and we've got that issue
with several facilities so we can have some language in there.
And then I would also like to say -- agree with Joe at least to the
extent that I'd like to take another look at this.
This is a -- this is a recommendation for this year's AUIR at this
level, and I'd like to look at the master plan in a little more detail, see
what you -- you end up saying about the -- the recommendations, also
the PH- sec will want to weigh in on it, and -- and before we lock in
anything for future, I think we should take another look at this in a
little more detail.
MR. SW AJA: I think you all have got to do -- support the
investigative problem of revenue sources besides ad valorem taxes and
impact fees, play catch up, get it back on track so we're not in the
situation in the future.
There's got to be a way of doing that.
MS. HILLER: If! may, also, you know, say things. In other
words, where other areas can contribute and help, that becomes a
savings to EMS and we can consider that as well, like the director
mentioned, you know, the costs that they have been able to own it
because they were picked up in another area.
MS. VASEY: And also kind of look at how the ALS units are
counted in terms of their response times.
I know that -- I understand exactly where we are but, you know,
we might want to take another look at that, too.
And, also, Dan, I wanted to tell you that even looking at these
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changes now, three or four units -- three or four units would be
reduced from what we were talking about last year, so there are
definitely some savings from looking at the -- the response times of
the ALS units.
So, I can -- you know, I can make that connection real easily.
Anybody else want to -- this would be then -- I would -- I would
put this together as part of the draft that we we'll be looking at on
Wednesday.
Joe?
MR. SW AJA: I think there are a couple -- couple EMS with
Parks and Recreation.
MS. VASEY: So, we've --
(Laughter. )
CHIEF PAGE: I've tried.
MS. VASEY: Yes, Steve.
MR. HARRIS: I was thinking that we would defer making a
decision today pending the supplying the financial data, but I also like
Mr. Swaja's suggestion that we offer to take on a project on
productivity of working with EMS in the coming year to help them
with operational suggestions as well as how we're going to fund these
things.
MS. VASEY: I would agree with that, too.
Well, we won't -- we won't take a vote today, but just to show
you what -- what we're thinking and -- and then to ask for that
information for our Wednesday meeting.
Thank you.
CHAIRMAN STRAIN: Thank you.
MR. SW AJA: I would like to compliment Chief Page and Mr.
Summers. Great job.
CHIEF PAGE: Thank you.
MR. SWAJA: Randy, great job.
MR. COHEN: Thank you.
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October 26:~2007
MR. SW AJA: I don't want to do your job.
CHAIRMAN STRAIN: That is the end of our AUIR meeting,
and I do want to thank and compliment the staff. Each year gets a
little bit better. This year was very good.
The documents were very -- done very well and they were
supplied to us and responded to us very well.
I want to thank all of you for ajob well done.
MR. BOSI: And we, as the staff, I -- I will collectively thank
you for the kind words and comments. We do labor to try to get this
document in the best working order and we understand some of the
issues that surrounded.
The one aspect of that that I am asking you, the last part of your
staff report had six specific recommendations before we closed the --
the hearing related to the AUIR as a whole.
Ask that the planning commission would -- would make a
recommendation or recognition of those six requested
recommendations at the end of the staff report. That's Page 8 of the
staff report.
COMMISSIONER SCHIFFER: You said one article.
MR. BOSI: One's already been done, correct.
CHAIRMAN STRAIN: Two is sufficient road capacity. That
was done by approval of the transportation section, wasn't it?
MR. COHEN: The specific recommendation was not made in
that context and I would ask that you go ahead and do that.
CHAIRMAN STRAIN: From the planning -- and basically, I
guess, it's the planning commission and they would --
MR. COHEN: The productivity committee would take that
action at their meeting on Wednesday.
CHAIRMAN STRAIN: Okay. From the planning commission,
anybody have a problem with making a motion on number two?
Brad, is that a motion --
COMMISSIONER SCHIFFER: Yes.
16j 18 \
October 26, 2007
CHAIRMAN STRAIN: -- to approve number two?
COMMISSIONER SCHIFFER: Motion to approve number two.
CHAIRMAN STRAIN: Is there a second by Mr. Vigliotti?
Any discussion?
All in favor, signity by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
Motion carried.
Number three, accept and approve the attached documents as a
2007 annual update and report on public facilities.
I would suggest the caveat there is as we stipulated?
MR. BOSI: Yes, sir.
COMMISSIONER SCHIFFER: As amended.
CHAIRMAN STRAIN: Is that a motion, Mr. Schiffer?
COMMISSIONER SCHIFFER: It's a motion as amended.
CHAIRMAN STRAIN: Okay. Is there a second?
Mr. Vigliotti.
Any discussion?
All in favor, signity by saying aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
Motion carries.
Four is give the BCC direction by separate motion vote on
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October 26, 2007
category -- Category B facilities relative to staff recommendations for
projects and revenue sources, Category A facilities set forth inclusion
in the FYO 708 schedule and capital capacity of the annual CAP date
and/or amendment.
COMMISSIONER SCHIFFER: Didn't we do that by category?
CHAIRMAN STRAIN: Didn't we already -- you guys--
MR. COHEN: Not for inclusion in the CA, and I'd also probably
add with the caveat that subject to potential changes in -- in the
property tax, that -- changes that may occur in -- up in Tallahassee if
there are going to be some major changes occur.
CHAIRMAN STRAIN: And, Mr. Murray, would you mind -- go
ahead and restate your --
COMMISSIONER MURRA Y: I just said we can't see the
future.
CHAIRMAN STRAIN: I understand.
COMMISSIONER MURRAY: I don't think that applies. I don't
think we can make adjustments.
CHAIRMAN STRAIN: And I would agree with you.
MR. COHEN: But as far as inclusion in the CA, it would be
appropriate to make the recommendation then.
CHAIRMAN STRAIN: See, staff -- staff recommendations
would be contrary to our stipulations.
I think four would kind of -- we'd have to go backtrack through
this whole thing and see how -- I don't think -- I, personally, I don't
think we can do four.
MR. COHEN: Okay.
CHAIRMAN STRAIN: I mean, I can't. What's the -- what's the
consensus of the rest?
COMMISSIONER SCHIFFER: I'm with you.
CHAIRMAN STRAIN: Note that you're not going to get a
response in regards to four.
Five, provide the BCC with a recommendation upon the
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October 26, 2007
appropriateness of the existing levels of service standards associated
with either the annual component of the AUIR, provide alternative
level of services where deemed appropriate.
We did that as we went through.
Six, recommend to the BCC the hurricane shelters with an
alternative revenue source identified are not included within the
five-year schedule of capital improvements.
COMMISSIONER MURRAY: I don't think we ever discussed
that.
CHAIRMAN STRAIN: We didn't discuss it, and they're not in
here, so why would we have to make a recommendation to tell you
that on here?
MR. COHEN: And that's okay on that one right there as well--
MR. BOSI: As part of the introduction of -- of this AUIR
process, I mentioned on that policy 4.8 of the -- not Policy 4.8, the
12.3.3 of the CCME has -- has -- has requested that in valuation of
whether hurricane -- hurricane shelters would be included within the
schedule of the CIE elements, we didn't -- the body did not take a -- an
official position or a discussion point within that aspect.
If -- if the body's uncomfortable with recommendation, I can
understand that.
CHAIRMAN STRAIN: Maybe I missed something. Did you
provide us with a package of data on that?
MR. COHEN: Well, what -- there shouldn't be a package of
data. What basically happened is there's a policy added to the
comprehensive plan that -- that said, should you include hurricane
shelters in the CIE.
Currently, Mr. Summers reporting structure ironically and who
he works through goes through an ROPCA already, so why would you
want this duplicity, and why would you want to add another layer of
bureaucracy having, you know, hurricane shelters added to a Category
A facility?
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October 26,2007
The -- the policy exists. They asked us to add it and evaluate it.
I -- I really think it's redundant and it's -- it's another layer of
bureaucracy that we need to avoid.
CHAIRMAN STRAIN: Personally, I don't think you presented
us with enough information to evaluate it.
Secondly, hurricane sheltering is addressed in the school
concurrency document that we're reviewing next week and the schools
are the hurricane shelters.
Evaluation of those pending any additional need not shown or
shown is some data that we would have need relevant to any decision
on that.
So, I'm not prepared to respond to that.
Does anybody else have anything?
COMMISSIONER SCHIFFER: My point is we don't build and
own shelters, do we?
MR. BOSI: We have interlocal-- and Page 6 of your staff report
is where that inter -- that hurricane shelter issue has been addressed.
Obviously, it's deficient in all the support data that this body has stated
that they're looking for.
Within the way that hurricane shutters -- or shelters are -- are
currently planned for is within the Collier County Emergency --
Collier County Emergency Management Plan and where there's
interlocal agreements between the Red Cross and the schools. The
schools are basically your hurricane shelters.
MR. COHEN: I guess the point is, is that it's probably an
inappropriate place for it to be an a comprehensive plan. That's
probably the point on that that we would say.
CHAIRMAN STRAIN: I think we've responded to the first
three. We're not responding unless someone says otherwise to the last
three, so we'll leave it like that.
MR. COHEN: One other thing I would like to do, you always--
you'd make some comments with respect to the grafts, the charts, and
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October 26, 2007
-- and how well you've appreciated it.
There is a person behind the scenes and that's Beth Yang, and
she's responsible for putting together a lot of your charts, a lot of your
documents and stuff.
And she's also probability the one that's muttering under her
breath about the changes she's going to have to make now, but that's
okay.
And she can do that in Chinese also.
CHAIRMAN STRAIN: Beth, you won't have to worry about it
because now that you've been identified as the one who's done this
beneficial study for us, I'm sure the private sector is going to hire you
away like they do with everybody.
COMMISSIONER SCHIFFER: Mark, I've got one comment.
CHAIRMAN STRAIN: Yes, sir. Mr. Schiffer.
COMMISSIONER SCHIFFER: The last time we discussed
these other things in my, quote, Category C, and Seth actually did
follow through. They came up with a pretty good list.
I'd like -- I'll be looking at it over the weekend and there's a
couple I'd like to add.
And then other than that, next year we'll probably have that
answer, which is -- there is a lot of time items that we have to meet
deadlines on that we should at least -- we don't need to discuss it as
much as make sure we don't mess it up.
MR. COHEN: Would you like us to come forward at a
subsequent meeting and have David address all of those with you?
COMMISSIONER SCHIFFER: Good. It's not that big.
CHAIRMAN STRAIN: Something after the first of the year
when our schedules get -- we have a -- CCPC has got a pretty busy
schedule between now and Christmas, so --
MR. COHEN: Okay. Well, we'll schedule that.
CHAIRMAN STRAIN: Okay. With that then--
MS. VASEY: Wait.
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October 26; 1l:107
CHAIRMAN STRAIN: Mrs. Vasey?
MS. VASEY: Ijust wanted to say that I'm not sure that we will
be making recommendations on all six of these either. I guess we're
not in the business of sufficient road network capacity and things like
that, even though we did see the -- the charts on -- you know,
addressing that.
Also, I wanted to thank you for your additional level of service
objectives that you prepared, you know, over and above the
population ones.
I think there was some very good information in there. We did
not address it individually with each facility, but I did appreciate the
work -- the work that you did on that.
And -- and I think it -- it does provide some reality to some of the
-- the gross decisions that are made at population level.
MR. COHEN: We thank you. And -- and in -- before next year's
AUIR, ifthere's any additional operational data that you feel is
necessary, just let us know.
CHAIRMAN STRAIN: Thank you.
MR. COHEN: Thank you.
CHAIRMAN STRAIN: Now, before everybody leaves, we are
going to adjourn this meeting in a moment or two. We're going to
take a 15-minute break.
And those of you interested in discussing the continuation of the
LDC cycle, one amendment that we have in front of us on the noise
issue, we will be taking that up in a new meeting. We'll open up in
about 15 minutes.
So, with that, I'll ask for a motion to adjourn.
COMMISSIONER SCHIFFER: So moved.
CHAIRMAN STRAIN: Motion made. Seconded by Mr.
Vigliotti.
All in favor?
COMMISSIONER CARON: Aye.
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October 26, 2007
COMMISSIONER MURRAY: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Motion carries.
We will resume the next meeting at 11:35.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11:20 a.m.
COLLIER COUNTY
PLANNING COMMISSION
eVkClJ.l\ PM~
MAR P. STRAIN, CCPC Chairman
These minutes approved by the Board on \ 7- (~6 { 0-, , as
presented V or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICE, INC. BY ROSE MARIE WITT.
Page 90
RECEiVED
JAN n 20G8 October 26, 2007
TRANSCRIPT OF THE ~9ffNG"OsForTIk6 lIB
COLLIER COUNTY PLANNING COMMISSION
Fiala ~- Naples, Florida, October 26, 2007
Halas. """ _,d' LDC Amendments
Henning '? .
Coyle '
-:;oletta
IT'BE REMEMBERED, that the Collier County Planning
Commission in and for the County of Collier, having conducted
business herein, met on this date at 11 :35 a.m. in SPECIAL
SESSION at 2800 Horseshoe Drive, Naples, Florida, with the
following members present:
CHAIRMAN: Mark P. Strain
Tor Kolflat
Brad Schiffer
Donna Reed Caron
Bob Murray
Robert Vigliotti
Paul Midney (Absent)
Lindy Adelstein (Absent)
Russell Tuff (Absent)
ALSO PRESENT:
Jeffrey A. Klatzkow, Assistant County Attorney
Joe Schmitt, CDES Administrator
Randy Cohen, Comprehensive Planning
Misc. Caffes:
Dale \l:-C IS!.
-
item#:
Page 1
:,,~,es to
\-
October 26, 2007
161 18 '
CHAIRMAN STRAIN: Okay. Welcome to the October 26th
continuation of the LDC Cycle One meeting, and this one is on --
particularly on a LDC Section 10.31-32.
Before we get going, the agenda today has only got one issue.
We'll need to take roll. Will the secretary please do the roll.
COMMISSIONER CARON: Well, Mr. Kolflat was here just a
moment ago.
CHAIRMAN STRAIN: He's coming back.
COMMISSIONER CARON: Mr. Schiffer.
COMMISSIONER SCHIFFER: Here.
COMMISSIONER CARON: Mr. Murray.
COMMISSIONER MURRAY: Here.
COMMISSIONER CARON: Miss Caron is here.
Mr. Strain.
CHAIRMAN STRAIN: Here.
COMMISSIONER CARON: And Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: Here.
COMMISSIONER CARON: Thank you.
CHAIRMAN STRAIN: Thank you.
There are no addenda to the agenda because it's only one item.
I would -- as the chairman's report, which isn't really something
necessary, I would like to comment that I'm concerned over the timing
of this. Not in reference to only Mr. Brooker's concern from our last
meeting, but the fact this just got to us a day or two ago, and I'm -- it
bothers me that the public -- and this is a very impactful document.
And I'm -- I'm concerned that the public may not have adequate
time to review it, so with that said, Mr. --
MR. KLATZKOW: And I would have no problem that one of
the recommendations be that this be put over to the next cycle.
CHAIRMAN STRAIN: Ah, good. I was hoping I wouldn't have
Page 2
~c~br 26, 2007(
} I
to argue that with you.
MR. KLATZKOW: No, no.
MR. SCHMITT: Mr. Chairman, if I could take a moment to --
for the record, Joe Schmitt, Administrative Community Development
Environmental Services Division.
Just for those planning commission members who did not happen
to see the hearing Wednesday morning with the Board of County
Commissioners when we first addressed this issue, we discussed the
issue of the amendment that you all saw as part of this LDC
amendment cycle, and that had to do with amplified sound.
If you recall, we started with outdoor seating and that kind of--
I'll call the word morphed into the amendment that you all finally -- I
should say you disapproved. It was disapproved by the planning
commission, but it's the final version that we gave to the Board of
County Commissioners.
At Tuesday morning's meeting, the commissioners got into a
discussion again more about outdoor seating than about amplified
sound.
So, my instructions from the board, just so you understand, the
next LDC hearing we were instructed to bring the initial version that
Susan first drafted that you saw during your first hearing which dealt
with outdoor seating.
The version that we ended up with after your fourth meeting,
which became an ordinance that dealt more with amplified sound than
with outdoor seating.
And if you recall, the issue with outdoor seating, your concerns
were the unattended consequences. And we talked to the board about
that.
But the board directed us to bring the outdoor seating version, the
amplified sound version, which is the end result from your meeting,
and this version here.
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1 gct,ober 261. 2007
i 18 1
So, all three versions are going to be going back to the board at
the next LDC hearing so that you know where we are with the Board
of County Commissioners on this.
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: Why is -- why would those
early versions -- I mean, why didn't they wait until we concluded this?
I mean, the fact they may want to see all three but, I mean, we
went through our all -- all the other items and then we finally focussed
on this one area taking on the same path.
MR. SCHMITT: The board in the discussions on the version that
is in the current cycle, and I don't have that in front of me right now,
their concerns were more -- had to do more with outdoor seating than it
had to do with the amplified sound.
Commissioner Coyle in particular stated that outdoor seating is --
is just as problematic because of outdoor seating and -- and -- and loud
voices or whatever. It's -- it's -- could be just as disruptive.
So, to clarity, we said we'd bring back the outdoor seating
version, the outdoor amplified sound version. Weare -- we're entasked
also to -- to continue with -- with the noise ordinance and looking at
outside we can tighten up the noise ordinance, but Jeff here never
really talked about this version.
And Jeff made it clear we were bringing this back to you and,
certainly -- your -- your advice is certainly -- it always is considered in
high regard with the Board of County Commissioners, and -- and this
is -- this is the kind of another twist, but it gives the zoning director the
authority to -- based on -- on an evaluation to deny a certain
establishment to go and -- and be in place.
So, that's kind of the -- how this -- it's three different techniques, I
guess, I'll call it or three different approaches to deal with the same
problem.
CHAIRMAN STRAIN: Mr. Murray.
Page 4
October 26, 2007
1 ..
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1 .... 1,'
MR. SCHMITT: I don't know if that answers your question, '-'
Brad.
The board asked those questions about how this seating that
brought us back to the outdoor seating version.
COMMISSIONER SCHIFFER: I just wonder why there's
seating at all. Until we -- I mean, I thought this is the third attempt to
come up with an ordinance to achieve what they wanted and not --
anyway, I --
CHAIRMAN STRAIN: I think the fact they want to see it is -- is
something we just -- it's their prerogative, so we're kind of stuck with
it so--
,
COMMISSIONER SCHIFFER: The fact that we're seeing it at
all until -- you know, this is what they should have said and they
should have requested the second half.
MR. SCHMITT: Well, understand, the version they are seeing is
the version you already saw in this cycle.
COMMISSIONER SCHIFFER: Twice. It's like our -- our
second.
MR. SCHMITT: I think that's correct. And that was in their
book, so that was -- and then we explained that we were working on
this. And they really hadn't seen this one yet. So, it's -- it's -- it's kind
of -- we're in transition, and I think both Mr. Klatzkow and I fully
understand that even if the board so chooses, we've already identified
to the board that this LDC cycle will probably be two separate
ordinances.
All those that dealt with all the LDC amendments that deal with
everything you saw, this will probably be dealt with under either a
separate date or maybe even continued to the next LDC hearings.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: I just wanted to find out whether
this is the so-called oh, my God witness that we -- that you talked
Page 5
about at the board?
MR. KLATZKOW: Yes.
COMMISSIONER MURRAY: Okay. I just wanted to be clear.
Okay.
MR. SCHMITT: So, that pretty much gets us where we are, so
I'll turn it over to Jeff.
MR. KLATZKOW: I think I've got your comments right. I hope
I did anyway.
CHAIRMAN STRAIN: Mr. Kolflat had a question.
COMMISSIONER KOLFLA T: On the first one we reviewed,
didn't we have a vote on that that was three/three?
MR. SCHMITT: No. It -- Mr. Kolflat, it was -- I don't remember
right now. It was, I think, six/two denial or -- or six/two denial.
MR. BROOKER: Six/two or six/three.
MR. SCHMITT: Six/two or six/three denial.
COMMISSIONER KOLFLA T: Recommendation for denial.
MR. SCHMITT: That's correct. Based on the way it was written,
yes.
CHAIRMAN STRAIN: Okay. Mr. Klatzkow, before you begin,
I'd like to no ifthis -- ifthis section 10.02.03 was advertised for a
change in this LDC cycle.
MR. KLATZKOW: Yes.
CHAIRMAN STRAIN: Okay. The language that's in front of us
though I don't believe has been distributed widely to the public.
MR. KLATZKOW: No, not at all.
CHAIRMAN STRAIN: Okay. Now -- I mean I know we could
get into listening to your position on this. And we can get into the
debate of it, but we also ought to consider before we go too far how far
we want to go being as though it's really outside the public at this
point.
Yes, it's in a taped meeting, but it's in a taped meeting in a room
October 26, 2007
16! 1 B I
Page 6
October 26, 2007
far removed from anyone knowing that we're doing ifr~dy. 1 B I
The public involved, the business community who -- this is a
rather very broad and impactful document, and I think it would have
wide range impact on a lot of projects in the county, and it's not really
in a way too limiting.
I would really feel comfortable -- more comfortable if this had
been aired through the regular cycle process.
I don't care which one, but one of them so that we can get the
input we want to get so we can provide a fair and unbiased
recommendation.
Now, with that said, I'll leave it up to this panel on how far they
want to go with this today.
Miss Caron.
COMMISSIONER CARON: Mr. Schmitt, when you talked
about the possibility of doing this as it sort of its own little cycle all on
its own, would your intent be to handle it in a normal fashion,
however, go to the DCA, you know?
MR. KLA TZKOW: This -- I can answer that, Commissioner.
This is going to DCA. And it will be -- if it's heard by the board,
it will be heard November 13th at their regular meeting. It will be the
only LDC item we hear, if this one has its own separate track --
COMMISSIONER CARON: Yeah. So, I don't think that--
MR. SCHMITT: It will still be considered part ofthis cycle, but
the cycle will be continued and this we dealt with -- with under a
separate ordinance.
CHAIRMAN STRAIN: Well, don't we normally hear things
after the other board, so we get the benefit of their comments,
especially a group like DCA who's really --
MR. COHEN: You mean DSAC.
CHAIRMAN STRAIN: -- is the one that's going to impact them
all? DSAC.
Page 7
COMMISSIONER CARON: I'm sorry.
MR. SCHMITT: This -- yes. I--
COMMISSIONER CARON : Yes.
MR. SCHMITT: You can direct this guide. This has not gone to
the DSAC yet. The DSAC had a subcommittee meeting, and I don't
believe the DSAC addressed this at the subcommittee meeting.
MR. KLATZKOW: Frankly, ifl might?
CHAIRMAN STRAIN: Go ahead.
MR. KLATZKOW: My preference really would be to -- I -- I
understand your concerns, that one of the recommendations of the -- if
this is how the board feels that -- and it could be the first
recommendation, that this matter be heard all over again in the next
cycle, and that's fine.
But the board is expecting this, and I -- I would like to get your
recommendations.
If the board does not go along with your recommendation in this
cycle, that they have your other recommendations as well.
CHAIRMAN STRAIN: Miss Caron and then Mr. Vigliotti.
COMMISSIONER CARON: So, there is no way for DSAC to
hear this and then for us to receive their comments prior to it going to
the board.
Is that what I'm hearing?
MR. KLATZKOW: I don't have your calendar in front of me.
It's going to the board the 13th of November.
Joe, can we get it back to the planning commission?
MR. SCHMITT: I'll look at my calendar.
COMMISSIONER SCHIFFER: Not really.
CHAIRMAN STRAIN: But, see, even ifDSAC hears it, we still
are missing the underlying point.
This has not been a -- first of all, it's not been properly aired in the
public. It's not gone through the processes that we go through for our
October 26, 2007
I said i~n~ohect&.8 I
Page 8
l~tjber 21'800\
cycles and I don't know why we're worrying about having to rush this
thing through and stand the -- the chance of a successful challenge
because we did this a -- the way we're doing it.
That's no need for it. It's not like the world's going to end if we
don't do this thing immediately.
MR. KLATZKOW: Mr. Chairman, this is commissioner driven.
This is not staff driven.
CHAIRMAN STRAIN: Well, I mean--
MR. KLATZKOW: And the commission has -- and the Board of
County Commissioners, if they want, can hear this ordinance. It's
within the -- of the LDC.
CHAIRMAN STRAIN: Well, meanwhile, Joseph, meltdown is
the answer.
Bob, did you want to comment?
COMMISSIONER VIGLIOTTI: Yeah. I've got a couple of
questions.
Joe, you broke this down in three elements, other two and then
this element.
MR. SCHMITT: That's correct.
COMMISSIONER VIGLIOTTI: This is separate. The other two
that we already voted on, that's going to go through cycle one.
MR. SCHMITT: Well, let me -- let me correct you. You only
voted on one.
What started out and was presented to you by -- by Susan Istenes
(phonetic) was the outdoor seating. And as you recall there in your --
COMMISSIONER VIGLIOTTI: Right.
MR. SCHMITT: -- your deliberations, that evolved into an
ordinance that now deals with amplified sound in a required annual
permit. That's what the board saw during the LDC hearings on
Wednesday.
So, that's the one that you all recommended denial.
Page 9
COMMISSIONER VIGLIOTTI: Yeah.
CHAIRMAN STRAIN: Mr. Klatzkow, based on board direction,
put this ordinance together, this LDC amendment, he and Catherine, I
believe. Catherine's worked on it. It really hasn't been staffed much
further than that.
But at board direction, based on discussions between the County
Attorney and the board, the County Attorney -- ifI recall how this
transpired, the County Attorney said, yes, we'll look at an ordinance to
-- to tighten it up, because it was directed by the board to somehow
create an ordinance that would give the plan -- the zoning director
authority -- or someone on staff authority to review and deny based on
use.
And that's what you are seeing in front of you.
COMMISSIONER VIGLIOTTI: My question then is this. Ifwe
recommend that this gets put off until next year --
MR. SCHMITT: Yes.
COMMISSIONER VIGLIOTTI: -- will the board, the BCC, still
review this document?
MR. KLATZKOW: That's their discretion.
MR. SCHMITT: That's their discretion.
COMMISSIONER VIGLIOTTI: So, if they do review this
document, we -- I suggest then if we go through this --
MR. SCHMITT: Sure.
COMMISSIONER VIGLIOTTI: -- to make some kind of sense
out ofthis, and then I would like to request it go to next year.
CHAIRMAN STRAIN: Bob, before we go that far, Donna's
question probably may have relevance on that.
MR. SCHMITT: The DSAC meets -- you asked -- Miss Caron,
you asked. The DSAC meets November 7th. And this would be
scheduled for -- a November 7th meeting, but the DSAC, you would
not -- you then meet -- the board meets November 13th.
October 26, 2007
1 (i 1 8 \
c~
Page 10
1ogoper 26, 2007
S h' .. h hI' . . 'bl 1 Bh I
0, t ere s no meetmg Wit t e p annmg commiSSiOn etween t at
timeframe. You will not -- you do not meet again until the 15th, and
then you have -- oh, 14th and 15th through the special meeting, and
then you would have GMP cycle on the -- on the 15th of November.
COMMISSIONER CARON: But it's all after the fact.
MR. SCHMITT: That's all after.
So, you're -- this is somewhat in a reversed order, yes. You're--
you're -- you're seeing it, then it's going to go to the DSAC, and then it
will go to the board.
The board has asked us to bring it back to their LDC hearing, or
at some time they wanted us to kind of review wall three, and that was
only based on discussion with the board because we got into discussion
about outdoor seating, had the version in front of them about outdoor
amplified sound, and then Mr. Klatzkow discussing this alternative.
COMMISSIONER SCHIFFER: Question, mark?
MR. SCHMITT: I think what's going to happen, in the one -- in
some director -- we're going to get direction from the board, I -- I
think, and Jeff recognizes this as well, it may not even -- it may have to
be even punted to the next cycle because if the board gives us
direction, we've got to go back and kind of run this whole thing
through again, especially ifthere's material changes that materially
affect what you've already seen.
CHAIRMAN STRAIN: Okay. Mr. Schiffer and then Mr.
Murray.
COMMISSIONER SCHIFFER: Joe, is it a requirement that -- in
the LDC that DSAC review LDC amendments or is that a policy you
have?
MR. KLATZKOW: I believe that's a policy.
COMMISSIONER SCHIFFER: Okay. So, essentially, it's hard
for us to say it's out of sight or out of process. The DSAC hasn't seen
it.
Page 11
lQctQber 26, 2007
0, 1 B \
So, we should -- I think we should move on, do our work and
then at the end, Mark, make a recommendation on it. I kind support
your favor.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Yeah. I was going to ask that
same question.
If -- if DSAC, when they do make their recommendations, those
recommendations, as a separate document, would be presented to the
board; correct?
That would be presented to the Board of County Commissioners.
MR. SCHMITT: Bob, normally, we -- we have one
recommendation that goes to the board, but on a spreadsheet we have
all the comments --
COMMISSIONER MURRAY: Okay.
MR. SCHMITT: -- associated with it.
COMMISSIONER MURRAY: Okay. But they -- their
recommendations would nevertheless be presented.
MR. SCHMITT: That's correct.
COMMISSIONER MURRA Y: Okay. Independent of anything.
Okay. Well, then I would say we should go forward to look at this.
CHAIRMAN STRAIN: Okay. I think the consensus probably is
we'll move forward. I'm certainly doing so under protest, but -- I
absolutely think this is the wrong procedure.
But go ahead, Mr. Klatzkow. Let's just get into the -- anyway you
want to proceed.
MR. KLATZKOW: Well, I -- I think I've modified -- in keeping
with your comments, and it's really looking back at your comments to
see if I should -- if I quote all your concerns to get the definition of --
we have a definition of compatibility decibel.
You're either compatible or you're not compatible. So, it's bet out
entirely.
Page 12
October 26, 2007
1 6 i 1 I
I know there was a comment that there should be t"vef1 narrbJl
point in time for staff people to have the site development plan and
say, wait a second, this doesn't fit here, because we don't want
somebody going through a lengthy process and at the end somebody
say, wait a second.
I took 15 days, which I think I heard from the planning
commission for STEP. I know I would like more time for that,
perhaps 30 days.
Again, I'm looking for input from you on that.
CHAIRMAN STRAIN: Well, let's start, because I've got
comments on most of every sentence, so why don't we start with --
MR. KLATZKOW: You really don't like this.
CHAIRMAN STRAIN: Well, it's just I don't -- I think it's way
too ambiguous for the amount of imposition it's going to have on the
public, Jeff, and I -- I know you didn't intend -- I know -- I know what
the focus is, and I'm going to see if maybe we can talk it out and get
there.
Everything up to Page 3 is boilerplate. It's already in the code.
It's not subject to discussion necessarily.
I'd like, if the planning commissioner doesn't object, to go
paragraph by paragraph, starting on Page 3, Item Number 5.
And we're talking about the first paragraph that starts with the
words "noncompatible uses".
Are there comments on that paragraph?
Mr. Schiffer?
COMMISSIONER SCHIFFER: And it appears that the
dangerous thing, essentially the code should be designed where zoning
does not have noncompatible uses.
In other words, if we allow something by zoning, the world
should be compatible. So, should you add in there in the first sentence,
is recognized that there are uses and accessory uses within allowable
Page 13
Qct9b. Gr 26, 2007
lDI ISl
zoning, which because of their nature.
In other words, the queer feeling I get about this statement is that
we should have a zoning ordinance that would never allow anything
that isn't compatible anyway.
So, for this to even occur, it shouldn't occur with proper zoning to
begin with.
MR. KLATZKOW: And, again, I don't think this ordinance is
going to be utilized all that often. This is where you get a use that
technically falls within the zoning parameters, but nobody ever tended
it there.
COMMISSIONER SCHIFFER: I mean, that's -- that's what I'm
saying that that phrase, within allowable zoning --
MR. KLATZKOW: Yeah.
COMMISSIONER SCHIFFER: -- is important because--
because then, you know, you're going to -- somebody could be before a
court or a judge, and the judge will say, wait a minute, if you have
zoning, you have zoning.
So, this is really specific that within what we allow the zoning the
problem occur.
And then the word here is -- what is that word?
COMMISSIONER MURRAY: Deleterious?
COMMISSIONER SCHIFFER: Deleterious.
Is that defined enough that --
COMMISSIONER MURRAY: That's a pretty strong word.
COMMISSIONER SCHIFFER: Okay. So, in other words, in the
courtroom, the argument is going to be that word is the -- is the
fulcrum of the argument.
Will that be good enough or -- or is --
MR. KLATZKOW: It's a strong word and I -- I think it's meant
to be strong. I mean, these are uses that really you look at it and say,
wait a second, we can't have this. This is going to really adversely
Page ] 4
impact the meaning of the --
COMMISSIONER SCHIFFER: Okay. So, one lady on the patio
is smoking and giggling --
MR. KLA TZKOW: Exactly.
COMMISSIONER SCHIFFER: -- is she that or does it take four
ladies to get that word?
MR. KLA TZKOW: No. I think it takes 2:00 a.m. in the
morning, people --
COMMISSIONER SCHIFFER: Okay.
COMMISSIONER MURRAY: Cussing.
COMMISSIONER SCHIFFER: I'm done with the paragraph.
CHAIRMAN STRAIN : We're still on the first paragraph.
Anybody else?
Well, let's start with the first sentence, second line. And Brad
suggested a change, but after where he was talking about, it says,
because of their very nature, have characteristics that do not meet the
compatibility criteria.
Well, first of all, I think the "do not" is pretty positive, meaning
someone has already made a determination that they don't.
I would rather put us in a -- may not instead of do not, because
that may not is an item that moves this thing forward because,
obviously, you wouldn't need our comments if it was already
determined that it does not.
The second sentence, it is recognized that the location of even one
such use near a residential neighborhood, and I would suggest the
word "may", may cause a deleterious effect.
When I get done, Jeff, let me know which parts are wrong and are
October 26, 2007
16.1B\
MR. KLATZKOW: I'm good with all this so far.
CHAIRMAN STRAIN: Then the next one, special regulation of
these areas is necessary, and I would insert, when such uses are
Page 15
October 26, 2007
16; '8 \
recognized to ensure that these adverse impact -- to ensure tI1at adVerse
impacts do not occur to local neighborhoods, and take out the blighting
and downgrading.
To me those are ambiguous and subjective verbiages, and if you
put those in there, I think, you know, it's a matter of experts telling you
whether an area is blighted or not. And I don't think we want to be
there.
COMMISSIONER SCHIFFER: Mark, can I comment on that?
That's a good comment because blighting, there is a lot oflong,
blighting for the establishment of CRAs and stuff. And a giggling laid
on a patio doesn't cause blighting, so --
CHAIRMAN STRAIN: So, what would happen is the word after
the word "adverse impacts" on that second to the last line, obviously
you would add the words "to the local neighborhoods" and then drop
the rest of that sentence and that kind of cleans that up.
Then you're looking at regulations that are in regards -- that
whether or not they ensure or whether or not they provide adverse
impacts to local neighborhoods.
You understand?
MR. KLA TZKOW: Do you have it -- I'm going to get the exact
line and trim it. I agree with it.
CHAIRMAN STRAIN: Okay. Any other questions on that
paragraph?
Let's go to SA. Paragraph SA.
Mr. Schiffer?
COMMISSIONER SCHIFFER: The concern I have here is that
what this is giving is a window to trigger this is 15 days from the
submission of the STP.
When the problem we're having is it goes through an STP
process, it isn't caught, it isn't imagined, you know, because we do
have some indecent trust that the zoning protects everybody.
Page 16
October 26, 2007
16) If-l \
And then it turns out that there is a problem. So, there is no --1
think there should be somewhere a trigger where a public condition
could bring this in.
And, so, why this only matters within a IS-day window, I'm
confused.
MR. KLATZKOW: The -- well, this was a recommendation
from the planning commission that we limited it.
It has to be caught during -- some time during the site
development process. That's the whole point. It's not after it's actually
in the ground and in operation that we look at it. It's not what's there.
We want to say, for example, look, do you want to put this over
here, near the neighborhood? You know, why can't you shift it over to
down here instead? You still have that cues which wouldn't impact the
neighborhood.
But that's the -- that's the point of the process we want to get to. I
don't know if 15 days is enough time; 30 days, 45 days. It's--
COMMISSIONER SCHIFFER: I like that, and that would be
great if everyone was caught in that, but here's the problem, is if it's
missed, will somebody go back and say, look, you guys had 15 days to
tell me this isn't a good place to put my restaurant and you didn't do it.
In other words, it -- everything in this thing stops after that 15
days. I mean --
MR. KLATZKOW: That's -- that's right, and I think the concern
before that Mr. Vigilotti had was that, look, you can't have a guy go
through the entire site development process and at the very last second
say, wait a second, this isn't any good.
COMMISSIONER SCHIFFER: Right.
MR. KLATZKOW: And, so, it's sometime between, you know,
the first day you see it and the last day, you know, you got it on your
desk. And I know a period of time --
COMMISSIONER SCHIFFER: Right, but my -- my concern is
Page 17
fbofer 2i' B007
that I don't think -- for example, I don't think the infamous one we ~
always discuss may not have been caught by staff. They may not have
the knowledge of what noise -- I mean, you're looking at drawings.
You're not looking, you know, listening to drawings. And the
point is this, given a IS-day window, which if you miss, the public is
screwed. And it's the public the one that really has a problem with it.
So, everything from this paragraph on, if you don't catch it within
that 15 days isn't accessible to the problem.
Now, I think -- I think that's a good process. I mean, the concern
Mark had is that, you know, we would never get financing if the
county's able to yank people's COs and stuff. I mean, the solution is to
make compatibility.
But I do think that -- and then we'll discuss it further down, that
there should be a way that the public can trigger -- can trigger this
requirement, because right now what you're doing, you're saying, if
you miss it in that --
MR. KLATZKOW: The public is never going to know this
though. The problem is during this --
COMMISSIONER SCHIFFER: Exactly right. And -- and -- but
ifthere's a legal battle over something like, you know, our discussion,
they're going to say, look, the staffhad 15 days to look at it. They
missed it. They missed their opportunity. It's frozen. Screw it if they
don't like it, they don't like it.
And that's not want we want the outcome to be. Done.
CHAIRMAN STRAIN: Well, Mr. Vigliotti, then Mr. Murray.
COMMISSIONER VIGLIOTTI: My concern with this whole
thing is timing. If you want to bring the public back into it, okay, I
think it's going to drag it out.
And who's the one person that's going to -- okay. The way I'm
looking at this is staff is going to look at this STP, and then one person
is going to get the review from the different set of eyes, looking for
Page 18
something different?
And who's that one person going to be?
MR. KLATZKOW: No. Once that person has the consent to
know that, they look at this and say, wait a second, this is probably not
appropriate here. Then I imagine it would then go on to the zoning
director and at that point in time take a look at this and maybe it gives
him a chance to pull it out of the process.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: Just for my understanding here is
that at the site development process, the developer's pretty much aware
of what they'd like to do with that development, are they not?
COMMISSIONER SCHIFFER: No.
COMMISSIONER MURRAY: No?
CHAIRMAN STRAIN: No, I think you're -- well, yeah, of
course they would be.
When you submit an STP, you've got to know virtually what
you're doing there for parking, for all kinds of other ramifications.
COMMISSIONER SCHIFFER: Right. But I could be doing a
commercial shell building and it would not have an idea who my
tenants are --
COMMISSIONER MURRAY: Yeah. But you would know
what you're likely to have is a mix.
COMMISSIONER SCHIFFER: No.
COMMISSIONER MURRAY: No?
COMMISSIONER SCHIFFER: No.
COMMISSIONER MURRAY: Well, I -- okay.
My -- my presumption then was on the basis that it would be at
that point pretty well known what the original development was
intended to be and, so, okay, blanket-wise on an STP, it still gives the
staff an opportunity to appreciate what potential there is for problems.
And I -- I think the -- the public process has already been gone
October 26, 2007
16 JIB
Page 19
through.
I don't know. I don't see the point that you're making as -- I see it
as a valid point, but I'm not sure I see it as a critical, valid point.
COMMISSIONER SCHIFFER: Well, let me say it again -- or
Mark, through the chair, can I say that?
CHAIRMAN STRAIN: Yeah. I was just going to say Mr.
Schiffer.
COMMISSIONER SCHIFFER: The -- the concern is we have a
competency zone piece ofland. Okay. The public would never be
aware of development that's going to happen on that piece ofland.
An STP is -- is submitted and in the review of that STP, ifthe
staff misses something and it goes out, then that condition is going to
exist and we have no handle in this ordinance anyway to protect the
people that are living with this problem that happened.
MR. KLATZKOW: You're down to your noise ordinance, which
is what we -- it's how we're living with now.
COMMISSIONER SCHIFFER: And -- and why are we -- and
that noise ordinance is not able to cure the problems we have now;
correct?
MR. KLATZKOW: Correct.
COMMISSIONER MURRAY: You know, I would just --
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: Yes. There's a -- I can't think of
the title of it. There's a group of people looking to -- to have approval
of all zoning ordinances, something democracy care.
MR. KLATZKOW: Home Town Democracy.
COMMISSIONER MURRAY: Home Town Democracy, which
is what -- it strikes me that you're really referencing there.
I'm not sure you could ever get -- if they're not -- if a developer's
not ready and he doesn't know what tenants he's going to have in there,
I -- I don't know that -- that he'll ever be able to go forward at all.
October 26, 2007
161 lBt
Page 20
fgojer 2612BO~
COMMISSIONER SCHIFFER: Well, let me explain that
condition. And Bob is really the expert on this. That's because that's
what he does for a living.
It says you could build a shell building and you may have a
couple major tenants to get financing, but you would not know all the
tenants in your building at STP.
Don't you agree, Bob?
COMMISSIONER VIGLIOTTI: I agree.
CHAIRMAN STRAIN: I'm trying to get to you, Joe.
THE COURT REPORTER: One at a time, one at a time.
CHAIRMAN STRAIN: Go ahead, Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: Where I'm stuck is the bringing
of pop process will cause more time and --
CHAIRMAN STRAIN: Guys, you've got to be recognized.
Mr. Vigliotti, you've got the floor and before anybody speaks,
please, let me ask Joe to speak and then Mr. Schiffer.
COMMISSIONER VIGLIOTTI: Go ahead.
MR. SCHMITT: I just want to point out that what you talked
about, you can do a shell building. We're still going to have to know
what it is in some form or fashion what you believe it is, because we
still have to assess you --
COMMISSIONER SCHIFFER: Right.
MR. SCHMITT: -- impact fees or whatever.
COMMISSIONER MURRAY: Yeah.
MR. SCHMITT: Once you find a tenant, whatever that may be,
whether it's a drugstore or whatever, you then have to do a substantial
change or a substantial change to your STP. So, eventually that STP
comes back in here when you identity a specific tenant and a specific
use, so we can do the proper reviews for that use.
So, that's when this -- you would be triggered under this review.
So, you may have a shell building, we don't know. But then if you
Page 21
have a specific, we're going to know.
COMMISSIONER SCHIFFER: My turn?
CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Kolflat.
COMMISSIONER SCHIFFER: And don't misunderstand. I do
not want the public involved within the IS-day STP process. That's
not what I'm talking about at all.
I'm talking about once it gets out the gate down the road, how do
we bring the public back if this process makes a mistake?
MR. SCHMITT: If you've got a -- with all due respect, if you've
got a building that's all built out and it's ready to go and they're doing
business, if they're not in violation of any ordinance, that's it.
CHAIRMAN STRAIN: Mr. Kolflat, you were next.
COMMISSIONER KOLFLA T: Well, he's -- he's retracting. I
didn't -- I don't see why it has to go to all the public process this early.
COMMISSIONER SCHIFFER: No. I don't know.
COMMISSIONER KOLFLAT: I think that's not necessary.
Relying on a lot of things that staff does and why not this also?
CHAIRMAN STRAIN: Well, I think that if we were to come
back in and allow something like this to apply after the building has
been erected and occupied and the discovery was made then, we're
going -- we would be taking away someone's right to -- I mean, they
would have built out, spent considerable sums of money to open a
business up.
The avenue at that point becomes a civil matter or any other
matters through our ordinances and noise ordinance and whatever else.
But I certainly think we can't enact this ordinance -- this particular
process at that stage. There are plenty of other processes that would
kick in. This one doesn't need to be.
But, anyway, we're back to -- we're still on A.
Is there any other questions on A?
Miss Caron.
October 26, 2007
161 18 \
Page 22
October 26, 2007
161 In \
COMMISSIONER CARON: Let's just get to the real heart of'"
this, which is the number of days involved. Is everybody comfortable
with 15 days?
CHAIRMAN STRAIN: Joe, that's more ofa call from your
department. Can they look at this in 15 days and come back maybe in
30. Now is the time to say it. Because we'd hate to say it afterwards
and say, oh, gee, I missed that because I didn't have enough time.
So, why don't we just put the time in you need if you feel it's
inappropriate for 15.
MR. SCHMITT: Oh, I think 15 days puts a lot of pressure on
staff.
CHAIRMAN STRAIN: Then what doesn't?
MR. SCHMITT: Normally we do a 30-day review.
CHAIRMAN STRAIN: Okay.
MR. SCHMITT: A 30-day review time is when we send out
comments and that certainly would be probably more appropriate.
CHAIRMAN STRAIN: Okay. Is that -- Jeff?
MR. KLATZKOW: Yeah. And do you want to tweak the
language so that it's when we know what the proposed use is going to
be to get around the shell building?
CHAIRMAN STRAIN: Thirty days from the time ofthe
designation for use. How's that?
Does that work, Mr. Schiffer?
COMMISSIONER SCHIFFER: Why wouldn't it be a problem
just to have it, you know, during the STP process?
You know, why don't we limit it through a portion of the STP
process?
Why can't -- if during the STP process this is discovered, then the
owner would be notified.
The STP process has a lot of resubmittables, a lot of additional
data, a lot of requests, and it may be in the additional data that the staff
Page 23
members discovers the problem.
CHAIRMAN STRAIN: But, Jeff -- Brad.
Ifwe say within 30 days from the designation of the use, that
covers it from whenever, during whatever process the use is
determined, whether it's the initial STP, whether it's an SIP, whether
it's a business occupational license or anything.
Thirty days from the designation of the use.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: I mean, does that provide an envelope
that's much--
COMMISSIONER SCHIFFER: Yeah. I mean, it's -- again, you
know, the staff member may think that there's a wall and it turns out
that's a curve.
I mean, this -- you know, I -- I just don't understand why there's a
limit within the process to do something when in that whole process it
could be discovered, but what you said is fine. I could live with that.
CHAIRMAN STRAIN: Okay. Any other questions on
Paragraph A?
I have a couple. Third line, Jeff, it says -- it starts on the second
line, County Manager or designee to refuse approval.
I think you mean to refer approval, wouldn't you? Because their
choice is not to refuse it, they're to refer it.
MR. KLATZKOW: Well, this is the idea how I envision this
works and maybe you can help me get there better with these
ordinance.
I want staff to have the ability to go to the developer and say,
look, we know what you're putting in here, it really doesn't belong
here, it should belong somewhere else.
And I'm guessing that 90 percent of all the disputes just get
resolved then and there. And then you've got the other ten percent of
the disputes that would then go to the planning commission, and then
October 26, 2007
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Page 24
October 26, 2007
16 JIB I
you'll hear through it and you'll make recommendations, saying, can
you do this, can you do this, can you do that?
And if they say, yeah, I can do that and that ends it, or he may
say, no, I can't do that at all and we'll go to the board.
So, the idea really here is to get people together to figure out how
best to put this use in that development, amicably reach a resolution of
that so the residential community is not impacted and so that we can
just move on to the process quickly.
I'm really hoping not too many ofthese actually gets to the Board
of County Commissioners, quite frankly.
That's -- it's really what I'm trying to get at through here. Sort of
force almost like a mediation process through the process.
CHAIRMAN STRAIN: Okay. A couple lines down from that, it
begins with the word "designee", and it says, it's not compatible with--
and I'm suggesting instead of the word "not" is -- instead of the word
"not", may not be.
MR. KLATZKOW: May not be, yes, sir.
CHAIRMAN STRAIN: Okay. And after the word "with", and
where it says "and", I would suggest striking "and" and use the word
"or".
MR. KLATZKOW: Yeah. And I intentionally put the word
"and" in there because it was my -- it really wasn't my idea to make
this few and far between, but we can put the "or" in.
CHAIRMAN STRAIN: Well, I think compatibility and
deleterious effect may be two different occasions, and you may want to
be able to have the ability to either want to come forward.
MR. KLATZKOW: Yes, sir.
CHAIRMAN STRAIN: Okay.
MR. SCHMITT: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
MR. SCHMITT: And please understand that I'm not throwing
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l09tober 26, 2007
b JIB \
tomatoes at Jeff. This is -- we -- we've not staffed this fully from the
standpoint of -- of the zoning staff, and my concerns on this, and I'll
raise them so we can discuss them, normally at the STP process an
applicant has put in a lot of time and effort and money.
And -- and could -- I'm just thinking out loud here through zoning
verification or some other method, ifthey wanted to come through that
type of method as a proposal because by the time they go to S TP,
they've invested a significant amount of money.
CHAIRMAN STRAIN: We're saying -- I think we're saying
within 30 days from the designation of the use. I think that may occur
at any time, whether they wanted to bring it in after.
MR. SCHMITT: Okay. That's fine then. I think that's where I
was gomg.
CHAIRMAN STRAIN: And by the way, we know you're not
throwing tomatoes at Jeff, because I could --like I said from the
beginning, personally I'm totally against doing this today. I think it's
the wrong timing and wrong time for them to do it, but I'm only doing
it because we seem to be forced to be doing it, so Item B.
Any questions on Paragraph B?
Jeff, the -- the word "amicably" on the third line, why don't we
just strike it? You're going to attempt to resolve it. I don't know if it
would be amicably when they get done anyway. Half the time these
aren't amicable resolutions. They just have to be what they are, so --
okay.
Miss Caron.
COMMISSIONER CARON: Well, I just was going to say, but I
think the intent is that they be amicable.
MR. KLATZKOW: Yeah. I don't staff strong arming
developers, quite frankly.
COMMISSIONER CARON: Right. This is not the -- the
purpose here is not to strong arm, exactly. The purpose is try to come
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to an accommodation, and if staff and the petitioner can't come to an
accommodation, then they will end up coming to the CCPC, and if we
all can't come to something, then you go to the BCC.
CHAIRMAN STRAIN: Well--
COMMISSIONER CARON: I mean, Ijust -- I think -- and I
think that's all really important because, again, I think intent ofthis
ordinance is one of the most important issues here.
And the intent is not to have this be a total adversarial situation.
It's to try to make things better all around.
Believe me, some of the places that have problems now would be
so much happier if they had gone through this process and didn't have
to worry about these issues.
So, I think -- I -- I don't know that I have such a problem with
amicable or not, you know.
CHAIRMAN STRAIN: Okay. Well--
COMMISSIONER CARON: I just want to -- I want everybody
to understand the intent, whether the word remains there is --
CHAIRMAN STRAIN: The only reason I suggested that it may
not be amicable is because if they refuse to grant approval, they're not
started out on very amicable footage, but that's fine.
Paragraph C?
COMMISSIONER SCHIFFER: I do.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: And it's really a bullion lot.
They put one and two.
Is it the intent here that number one is whether the proposed use
wasn't entered for the site as set forth in the zoning?
So, if that says no, then you don't go onto two; correct?
MR. KLATZKOW: No. I want the planning commission to have
the ability to say, wait a second. One, we don't think that -- we don't
think that use really was intended for the site, or I want you go in and
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10~t~ber:f'Bo07\
say, you know what, we think we can get you more compatible with
this if you do something else. It's try to give you more tools.
COMMISSIONER SCHIFFER: Okay. So, in other words, if we
did determine that it was not allowed in that zoning, we could still
continue on?
MR. KLATZKOW: Oh, ifhe determines not--
COMMISSIONER SCHIFFER: Right.
MR. KLATZKOW: -- viable in that zone, yeah. We would--
that's the problem.
COMMISSIONER SCHIFFER: Okay. Then, number--
obviously, number one has to be true before we get to number two.
And it's -- I think the intent of this thing is number two.
MR. KLATZKOW: Yeah, but it could be -- you might say, wait
a second. When we're doing those SIC codes, this was -- this doesn't
fall within it.
COMMISSIONER SCHIFFER: Right. And then it's over and it
shouldn't have got that far anyway.
MR. KLATZKOW: Yes, sir.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: On his point on number one, one says
whether proposed use was intended for this site as set forth in the
zoning ordinance.
The zoning ordinance doesn't necessarily set forth the intent. The
language that involves around -- the intended language of the
discussion may set the intent.
And I would rely on like we are on PebbleBrook, the minutes of
the meeting, so maybe we ought to say whether the zoning ordinance
as contemplated such a use was intended for this site.
MR. KLA TZKOW: And the PebbleBrook example is the one I
had where I think it was you, chairman, who made the motion that
there should be no drinking establishments --
Page 28
CHAIRMAN STRAIN : Yes, it was.
MR. KLATZKOW: -- and a sports bar was put in there.
CHAIRMAN STRAIN: Right.
MR. KLA TZKOW: And this would give you to say, wait a
second, it was never intended for a sports bar to be there. You don't
fall within the SIC code.
CHAIRMAN STRAIN: I agree, but the caveat after the comma
bothers me. As set forth in the zoning ordinance.
MR. KLATZKOW: Right. And that would be the PUD.
CHAIRMAN STRAIN: Right. But the PUD in this case is
wrong, so we can't -- we can't look at the growth use as it -- as it was
intended in the zoning ordinance in all cases, and especially in the case
of PebbleBrook.
We're looking at it as a proposed use, was actually a motion made
and discussed in the public meeting, and the zoning ordinance is in
error.
So, I don't want to -- I don't want to an analysis to be have to be
forced back to the zoning ordinance that caused the problem in the first
place.
MR. KLATZKOW: So, you want me to take -- get rid of that
second clause, as set forth in the zoning ordinance?
CHAIRMAN STRAIN: That would be fine if that's all it takes,
October 26, 2007
Ib~ 1B'
yes.
I -- I certainly want to rely on more than the zoning ordinance
because obviously we found that the zoning ordinance may be in error
and the intended language that developed the ordinances, well, we
might want to look back at, so --
COMMISSIONER MURRAY: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER MURRAY: The question had -- if you
eliminate the zoning ordinance, which is the PUD, what defense can
Page 29
October 26, 2007
16'. ..! ~f' \
, l'
you then go with if they're challenged? If they're challenged, you, y
eliminating that information, that part of the sentence.
MR. KLA TZKOW : Well, just by eliminating it doesn't mean you
all consider it.
What I think the chairman's getting at, he wants to consider it--
COMMISSIONER MURRAY: No.
MR. KLA TZKOW: -- more than just a--
COMMISSIONER MURRAY: I saw that. I was trying to see
another aspect of it, which is later on in court when an assertion was
made.
And I -- I'm just wondering if it's not within that, and I -- I --
clearly, I appreciate where he was going with that.
Okay. We can work it with words, that's fine.
But I was thinking where -- when we get to court, where we'd be.
MR. KLATZKOW: The easiest way to state out of court is to
prove everything, but that's not necessarily what's good for the
neighborhood.
COMMISSIONER MURRAY: Clearly.
CHAIRMAN STRAIN: Okay. We're on to Paragraph D.
Any comments on Paragraph D?
The only thing I would suggest is the first line should be either
the county or the applicant.
I would -- you know, in this particular case wouldn't -- since it's a
public meeting, wouldn't the affected parties from the public, if they
wanted to have the right to appeal it before the board as well?
MR. KLATZKOW: You want the public to have the right to
appeal it.
CHAIRMAN STRAIN: Don't they all have the right anyway? I
mean --
COMMISSIONER MURRAY: Public petition.
CHAIRMAN STRAIN: See, this is going to be an issue that
Page 30
October 26, 2007
16 I 'I B I
comes up possibly because of concern by the public. And if there is,
do we want them to have the ability to --
MR. KLA TZK 0 W: If I've got -- if I've got Joe's staff saying that
we're happy and I've got the developer saying he's happy with it, I
think that should end it.
CHAIRMAN STRAIN: Okay. I think you're right come think
about it.
Okay. Any other questions on D?
How about E 1 ?
MR. KLATZKOW: Now, let me just ask you for D because I -- I
struggled with this. And that's the notice point ofthis.
I really don't think that the developer should be put through the
cost they developed to put the conditional use process.
CHAIRMAN STRAIN: Right.
MR. KLATZKOW: So, my thought was that get to the board just
on a regular advertisement like any other ordinance. There won't be
signs posted for the community or there won't be mailings sent out.
There would not be a neighborhood information meeting.
It would just be an advertisement in the -- in the newspaper at
least ten days prior to the hearing and that would be the end of it.
That's the intent. I don't know ifthat's what you want. That's the
intent of it.
COMMISSIONER SCHIFFER: And it comes back to the public
concern.
Because what you're saying, staffs happy, the applicant's happy.
If it's built and the public isn't happy --
MR. KLATZKOW: It wouldn't be built. This is STP stage or
earlier.
COMMISSIONER SCHIFFER: Well, everybody's happy.
MR. KLATZKOW: Well--
COMMISSIONER SCHIFFER: In other words, what this is if it's
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appealed, ifthere's a concern with the staff or the applicants, they don't
see eye to eye on something and it's appealed to the board, you don't
want the neighborhood to be notified of that?
MR. KLATZKOW: Well, they will be notified as they would
any other ordinance, but to keep the costs down for the developer,
there would be no neighborhood information meeting, no signs posted,
no mailing sent out.
It would just be the same notice we give for a typical ordinance.
COMMISSIONER SCHIFFER: Which would be a newspaper
ad?
MR. KLATZKOW: A newspaper ad, yes.
COMMISSIONER MURRAY: But it would be a hearing.
MR. KLATZKOW: Yes.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRA Y: Thank you.
There would be a hearing.
MR. KLATZKOW: Yes, sir. There will be a public hearing.
COMMISSIONER MURRAY: And it would be for a conditional
use.
MR. KLATZKOW: No. It would be a public hearing as -- just as
to the -- see, it's not conditional use.
This is whether or not this use should proceed without certain
conditions being placed on it.
COMMISSIONER MURRAY: Would our findings -- they
certainly wouldn't be the final -- would we still be recommending to
the board or would we make the final as -- at a certain level?
I thought that you intimated that earlier.
MR. KLATZKOW: You would make the -- as always, you
would make your findings and recommendations and that would go to
the board.
COMMISSIONER MURRAY: Okay.
Page 32
CHAIRMAN STRAIN: Okay. El.
Mr. Vigliotti.
MR. KLA TZKOW: Let me break it off here, too, because we
could end this ordinance right here, all right, because this is just the --
the oh-my-God part of it where staff sees something in the site
development plan where they saying this really doesn't belong here.
And from A through D, it could end here.
Now, I put in E and F, or El and 2, which really gets more
towards the noise ordinance.
So, if -- if you're concerned with the public input of the noise
element of it, we could take that out entirely here or at least separate it.
CHAIRMAN STRAIN: Okay.
Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: E, that refers to existing --
PUDs existing, buildings, existing developments out there?
MR. KLA TZKOW: Yes. Everything that's in the ground are
going to be in the ground.
COMMISSIONER VIGLIOTTI: Okay.
MR. KLATZKOW: I could--
COMMISSIONER VIGLIOTTI: So, if you could go backwards,
everything that's in the ground.
MR. KLATZKOW: Everything's that's currently operating, this
could apply, too.
COMMISSIONER VIGLIOTTI: So, we're trying to get around
the ramifications of this.
MR. KLATZKOW: The ramifications of this would be that if
you've got a bar that's operating, and it's noisy, we could have the
ability to have them cut the sound off, which would harm that
I1CllJitCllJility.
CHAIRMAN STRAIN: Miss Caron.
COMMISSIONER CARON: Before we move on to -- to -- to E,
October 26, 2007
16: 18 I
Page 33
October 26, 2007
16 i 18 I
I just want to make sure that we're getting out of this what we need to
get out, because if we use PebbleBrook as an example, this probably
never would have gotten to light because at the time staff thought
everything was just hunky-dory --
MR. KLATZKOW: Well--
COMMISSIONER CARON: -- so --
MR. KLATZKOW: You know, if -- if the owner states they're
going to put up a sound wall when his neighbors first complains, we're
not talking about this at all. Okay?
And it's really as simple as that. This is where you have an
operating business that is really receiving complaints from the
neighborhood and doesn't do anything.
And E, going on, is an attempt to get to that.
COMMISSIONER CARON: Right. So -- so this is where that
would kick in.
Okay. All right. So, even if it gets missed in this first go around,
and staff doesn't see any conflicts or any compatibility issues, then --
but when it's actually up and running, we realize again, oh, my God,
this is what's happened, then we move on to E and--
MR. KLATZKOW: That's right.
COMMISSIONER CARON: -- and beyond. Okay.
MR. SCHMITT: If I could comment, I would suspect that's
probably going to be more the case than -- than the former because --
and if Stevie Tomato's, if you rook at it, it's a restaurant.
It came in as a restaurant and it's under the proper SIC code, and I
know there was discussion about drinking establishments, but that was
a different SIC Code.
And, so, normally this is where it would kick in. It would be the
-- the existing facility because --
COMMISSIONER CARON: I understand, Mr. Schmitt.
However, be well aware that this board will be looking at every SIC
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October 26, 2007
1~,. '! PJ '
v Ii J.. ~
code for every possibility from now on. So, you may not have to .
worry about that.
MR. SCHMITT: I have no problem with that.
COMMISSIONER SCHIFFER: You're chair, I think --
COMMISSIONER CARON: I am chair and you are recognized.
COMMISSIONER SCHIFFER: Oh, my gosh.
COMMISSIONER CARON: Speaking ofoh, my God--
COMMISSIONER SCHIFFER: Because the Halloween
costume's not working?
The concern -- the concern I have though is that, yes, if it
becomes a problem in the field, we just really fortified the owner of the
property even more because what we've said is, look, you had the
chance. You have your 15, 30 days, whatever it was, to do this with
the staff and you didn't catch it.
So, I really relied on that judgment, this would be allowed.
So, I -- I think, you know, what this does up until now is actually
fortity an owner his position if he doesn't have a nuisance occupancy.
Have we moved down to I yet or --
COMMISSIONER CARON : Yeah. I think we were ready to do
that.
COMMISSIONER VIGLIOTTI: Yeah. We are on it -- we are
on I.
COMMISSIONER SCHIFFER: Can Brad still have the floor?
COMMISSIONER VIGLIOTTI: No.
COMMISSIONER SCHIFFER: Okay. The concern I have is
that you're -- in defining areas in which noise could be a problem,
you're defining outdoor serving areas, thus if I hand you a beer and you
happen to take it out the door, that area outside there is not qualified in
this ordinance.
Because, you know, you happen to wander out with a beer, I
didn't serve you, so, you know, I think that's a concern.
Page 35
October 26, 2007 ,
16 i 1 B [
MR. KLATZKOW: It's outdoor serving areas without their
entertainment.
COMMISSIONER SCHIFFER: Right.
So, the point is that -- that if! have a patio, if you don't like to buy
beers inside my bar --
MR. KLATZKOW: You have no outdoor entertaining.
COMMISSIONER SCHIFFER: And I have entertainment out
there and they just take the beer out there, I'm not serving it to them.
Anyway. I don't want to put a stump the stars here but, in other
words, I think that that should be -- you know, I don't think you need
the word "serve" in there. If you have an outdoor area with
entertainment, whether it's a restaurant serving or the day --
MR. KLATZKOW: But--
COMMISSIONER SCHIFFER: -- care or having --
MR. KLATZKOW: -- but an outdoor seating or serving area?
COMMISSIONER SCHIFFER: Just an outdoor area.
MR. KLATZKOW: Okay. That's fine.
COMMISSIONER CARON: Let's take out "serving".
COMMISSIONER SCHIFFER: Because it doesn't -- and also,
for example, it could be a day care with a bunch of people singing folk
songs too loud all the time. You know, it could be the same
annoyance.
MR. KLATZKOW: It would fall--
COMMISSIONER SCHIFFER: The other problem is --
MR. KLATZKOW: It would fall under this, too.
COMMISSIONER SCHIFFER: Shiv that's what I'm saying. But
-- but if you're not serving food to the day care out there, then it would
be a problem.
The other thing, it says how does this track the smoking lounge
with the giggling lady?
There's no outdoor entertainment. There's a whole bunch of
Page 36
October 26, 2007
people out there, smoking, and not that smoking cause1a~rbblel. qt I
could be outside for fresh air.
This is Florida. A lot of people eat outside. There could be a lot
of chatter, people having fun within -- within the 1500 feet.
So this is not capturing them; correct?
MR. KLATZKOW: No, but it doesn't capture my neighbor who's
out with a couple of friends, smoking, talking loudly either. It's just --
COMMISSIONER SCHIFFER: So, it doesn't -- you know, any
restaurant patio without entertainment could be billed essentially just
outside the buffers of a commercial property.
MR. KLATZKOW: Or should be.
But this would not -- this would not take into -- I take this back.
Ifhe simply had an outdoor serving area with no entertainment,
this ordinance will not apply to you.
COMMISSIONER SCHIFFER: Right. Okay.
CHAIRMAN STRAIN: Mr. Kolflat.
COMMISSIONER KOLFLA T: Yes. Where does it -- what's the
basis for the 55DB?
MR. KLA TZKOW: We've had discussions with the board on
this. They felt 65 decibels was too high. I think fifty-five would be
more appropriate.
I couldn't tell you the difference between the two. I'm not a sound
engineer. That's -- that's the way I put -- that's the number that I heard
and I put it in, and I'm sure Commissioner Halas, who is an expert on
sound, you know, will be able to further find this.
COMMISSIONER KOLFLA T: Well, I'm going through some
speech therapy right now. The therapist tells me that normal
conversation is closer to 65 than 55DB.
And I think somebody technically positioned to answer that
questioned ought to determine what the value should be.
CHAIRMAN STRAIN: Okay. Miss Caron.
Page 37
October 26, 2007
16 JIB I
COMMISSIONER CARON: I think you're right, Mr. Kolflat,
that normal speech is closer to 65. But when it's normal speech times
ten or 20, then we need to lower it in order to get down to something
reasonable for adjoining neighborhoods.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: I'm not sure. I'm not sure that
that's even -- well intended though it may be, I'm not sure that's
practical physiologically.
I -- you're going -- you're going to have people, and I understood
your statement. You're going to have people talk by reducing the level
or the layer down to 55, you're not going to cause them to speak any
less loudly.
MR. KLATZKOW: The -- the intent of this, quite frankly, is if
you have an outdoor seating area and you want to do outdoor
entertainment and you're near a residential area, put up a wall. That's
the intent.
COMMISSIONER MURRAY: Okay. If that's the purpose. All
right. Fine.
CHAIRMAN STRAIN: Miss Caron, did you have anything you
wanted to add?
COMMISSIONER CARON: No. That was going to be my
point. It has nothing to do with the level of my voice or your voice. It
has to do with when you would be required to put in a wall or other
buffering to take care of the sounds.
COMMISSIONER MURRA Y: I would agree with that.
CHAIRMAN STRAIN: Mr. Murray. Mr. Vigliotti's next.
Go ahead, Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: I agree that we want to get
them to put up a wall as soon as possible.
What are the -- are the building codes going to be any hindrance
to the size of the wall, shape of the wall, how high it could be, how
Page 38
wide it could be, how many feet for the property line?
I don't want see a lot of hindrances.
MR. SCHMITT: Oh, absolutely. I mean, any wall has to be built
to the building code has to be engineered for wind load, all the other
type of things associated with any type of wall.
Similarly, the LDC, ifthere's any requirement for a wall to go in
after the fact that impacts preserves or some other aspect, something
like that will be a special consideration would probably would have to
go back to the board for some kind of staff to -- to present to the board
to -- to approve.
COMMISSIONER VIGLIOTTI: But we can be flexible as to --
MR. SCHMITT: Oh, absolutely.
COMMISSIONER VIGLIOTTI: I don't want to over burden the
system and tell someone they have to put up a wall where it's
impossible, so --
MR. SCHMITT: Absolutely.
COMMISSIONER VIGLIOTTI: -- it's just easier to get an
average wall put up.
MR. SCHMITT: Yes, but understand that local codes are the --
but the board can only control what codes it puts in.
COMMISSIONER VIGLIOTTI: Okay.
MR. SCHMITT: The board can't supersede, or ifthere's a federal
or state code requirement, you know, endangered species or some
other type of thing that requires some other type of permitting or
something that's in ajurisdiction or wetland, those type of things, the
board -- we're going to have to force the applicant to go back to those
agencies to secure the proper permitting, ifthere's a wall that's got to
go in in those areas.
Hopefully that answers your question.
COMMISSIONER VIGLIOTTI: Yeah.
CHAIRMAN STRAIN: Just so the board knows, it's 12:30 and
October 26, 2007 ,
1,- 18 \
b i .
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October 26, 2007
" (, '1 \
we're going to have to either wrap this up fairly quickly &-\go~for ai--
lunch break and give the court reporter a break or whatever.
I mean, I know we're going to lose Mr. Kolflat soon as well.
So, I don't know how far you want to take this today. We're now
at the end of the document.
Are there any other remaining questions of the document because
we still have public testimony.
Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: And it's double I. What you're
saying is live entertainment.
My concern is we have -- we do have a sound ordinance. Could
this be construed to override that ordinance? I mean, normally codes,
when you have general requirements, they're overridden by a specific
requirement.
This looks specific, so -- for example, what you're saying is that I
have the ability to build a -- an outdoor area for an outdoor life
entertainment 2500 feet away from residences yet, you know, I don't --
you know, ACDC was winning that if they were claiming that the
residences would be blown away.
So, could this be construed in any way to state that if you are
more than 2500 feet, you have a right to do anything you want and not
have to even abide with the sound ordinance?
MR. KLA TZKOW: No. This is simply a bar on live
entertainment if within 2500 feet of a residential property, otherwise
the regular sound ordinance comes into play.
COMMISSIONER SCHIFFER: Okay. So, other areas of the
code are again specific. They would require the sound ordinance to be
maintained.
You're just -- this is just saying nowhere within 2500 feet --
MR. KLATZKOW: Yes.
COMMISSIONER SCHIFFER: -- trying to get live
Page 40
entertainment.
MR. KLATZKOW: Yes.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: Is a DJ considered live
entertainment?
MR. KLATZKOW: I would imagine, yeah.
MR. SCHMITT: That would probably fall under amplified
sound.
COMMISSIONER SCHIFFER: No question, but I mean, is it
considered live entertainment?
MR. KLATZKOW: I don't know.
COMMISSIONER SCHIFFER: It depends on how good he is.
CHAIRMAN STRAIN: Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: Section I. Excuse me. In
regards to wall, section double I. That's for existing also, or no?
MR. KLATZKOW: Yes. The way it's written. I mean, you
could recommend that it's only just for new uses.
COMMISSIONER VIGLIOTTI: You mean to say we can go
back to anybody that's 2500 feet away and just say you're out of
business?
MR. KLATZKOW: No.
COMMISSIONER VIGLIOTTI: But they can't do live
entertainment.
MR. KLATZKOW: You're not doing live entertainment, yeah.
CHAIRMAN STRAIN: Okay. Are there any other questions on
the document before we get to public testimony?
COMMISSIONER SCHIFFER: Yeah. I just --
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER SCHIFFER: I just want to make a -- I have to
know this. You may go to the restaurant, too, but there's one called
Porky's Last Stand, and there -- there's people all around them. And
October 26, 2007
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the impact of this, for that restaurant alone would be if somebody
decided to complain, because they have outdoor; that is to say,
screened in place where they have a country western bands and so
forth.
They could put them out of business basically for that, couldn't
you?
If somebody would complain and -- and that basically is the end
ofthat; right?
MR. KLATZKOW: You can recommend that we strike this.
COMMISSIONER SCHIFFER: I certainly will.
CHAIRMAN STRAIN: Okay. Are there any other questions on
docket before we go to public testimony?
Okay. Is there members of the public?
Let's see. Is there anybody out there?
MR. BROOKER: Thank you. For the record, Clay Brooker.
I -- I'm a -- I'm a little bit concerned about the intent that this
Section E would in fact apply to existing establishments.
And I know that's what we're trying to get at because of the -- of
the issue that's -- that's caused this whole movement.
And my suggestion would be is separation requirements of
Section E should not be in the STP approval section ofthe Land
Development Code.
The STP approval deals with things long before you have
established businesses. So, if -- if that's where the county wants to go
and affect existing establishments, then put it in the supplemental
regulations or put it in a section of the code where people can find it
readily.
I'm dealing with another issue where a setback was hidden in a
section of the code and no one really new it existed and -- and so it
would be better if -- if I'm in an existing establishment or I want to
open up an outdoor restaurant, I'm not going to be looking at the STP
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approval section of the code, because it's long before I even came in to
a consideration for a restaurant.
I am concerned about the timing and the notice. I'm wondering if
-- with regard to existing establishments, whether the county has taken
a look to see how many existing establishments we have today that are
1500 feet from a residential zone or 2500 feet from a residential zone,
because I think from a -- from a perspective of fairness, those
establishments if we -- if we know they exist and we know they're
going to be impacted by this, they should be given direct notice of this
coming -- coming down the pike and let them weigh in on their
opinions and what they can and cannot do or mayor mayor may not
do.
The definitional problems, outdoor area with outdoor
entertainment, I believe Commissioner Murray touched on this, the
whole question of is a DJ live music or live entertainment?
The City of Naples has been through a lot of dispute over that
kind of issue, and we should learn from their role and -- and
specifically define these terms, what is included and what is not
included.
For example, outdoor entertainment. If you have a bar outside in
your outdoor serving area, is that considered entertainment?
Okay. I'm seeing a shaking of a head no. I don't know. It should
be defined.
How about music piped through like these little ceiling speakers,
background music? Is that entertainment? TV s, entertainment?
Perhaps.
Again, the point is if these kind of issues are -- ifI can think of
them, they are going to be a problem for staff down the road, and why
not just make it very, very clear or as clear as we can possibly make it
now, so we're not -- everything is -- is out on -- on a table so everyone
knows where we stand.
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October 26, 2007
I -- again, as I mentioned last week, I believe you'r~a~IJ witJ. _~ I
in Section E, little I, to put up a wall to limit it to 55DBA or whatever
the sound is.
But for some reason with live outdoor entertainment, little double
I, you're not able to do that.
And I -- I don't know why people want to discriminate against
live music. And if you're keeping it below 55DBA or whatever the
standard ultimately is reached, if someone 150 feet away can't hear it,
does it matter whether it's live or a DJ or a TV?
So, I would suggest or propose that if you can limit a live band to
55DBA, or whatever the standard is, why not give the establishment
that possibility.
I don't know if it's possible because I would imagine a live band is
loud, but maybe that's -- should just be given consideration.
Moving up now, Section D, on Page 4, the conditional use section
of the LDC is referenced there. I know there's already some
questioning about that.
My question would be once it gets to the BCC, under the
conditional use procedures, a super majority vote is required, four out
of five BCC members, and I didn't know if that was the intent of the
drafter to require whatever action the BCC take in this kind of
scenano.
Do you need four votes, because under the conditional use
procedure, you do. And maybe that should be clarified.
I -- that pretty much wraps up my comments. A lot of them you
guys already hit on. I -- I would suggest again, I'm a little concerned
about moving this so rapidly through the process.
There's another amendment we discussed, this outdoor serving
area amendment that's going to be discussed, and it seems to me that
when the Stevie Tomato's issue came up before the BCC,
Commissioner Halas, there was a lot of talk about the noise control
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October 26, 2007
ordinance and how that could be amended to address th~. 6 lIB I
So, it seems to me if we have two or three different versions out
there, there's -- it's only going to create more confusion that's not
necessary .
Ifwe go through this in a methodical way, perhaps the noise
control ordinance alone is the only thing that needs to be amended
here.
Commissioner Halas talked about -- I can't remember --
something -- some DBA. It's DCA or some other way of measuring
sound.
And there may be a better way of going at this rather than pushing
all this through so quickly with different versions flying around and the
public not knowing about this, and in my opinion, more importantly,
existing outdoor areas not knowing about what's going on.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I couldn't agree with you more.
I don't like to rush this through. I think it's a very important ordinance
and it's a shame we have to rush it through.
But the only reason we have to rush it is because nothing was
resolved in the public sector over the last six, seven or eight months.
Had somebody happened before, then we wouldn't be forced to
do this.
That's just a general statement.
CHAIRMAN STRAIN: Okay. Any other comments ofMr.
Brooker?
Clay, thank you.
MR. BROOKER: Thank you.
CHAIRMAN STRAIN: Appreciate your time.
Any other general comments from the planning commission
before we ask for a vote?
Mr. Schiffer?
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COMMISSIONER SCHIFFER: I think the first meeting we had
a concern that it was the failure of the sound ordinance that's causing
the problem. I still believe the same thing.
I mean, we're really wasting time, trying to come up with
everything that if the public's being disturbed by a noise, then we
should be addressing the noise and solving the noise problem.
CHAIRMAN STRAIN: We've gone through this thing and
suggested language on the premise that we basically are -- we have --
we've been forced to or we don't have any input.
I would like to ask the board's consensus on one other item that
came up and that is the separation elements being -- that's Item E, I and
double I being taken out ofthe STP implementation language and
really put into another section, go back in the noise ordinance where
they most likely will be read, not in an implementation section like
this.
Is that a general consensus? Anybody have any -- okay.
Now, Jeff, you've had a lot of input on this and you've just got a
last piece of it.
I know that we're obligated apparently to move this forward, so
I'm going to suggest something here for the members of the planning
commiSSIOn.
That we -- we recommend that it be sent to the BCC with a
recommendation of denial. We've cleaned it up, and that language,
Jeff, I'm sure you'll take benefit from it any way that you see
permissible in going forward to the BCC.
But the reasons for the recommendation also, it was not properly
reviewed in the -- in the LDC cycle. It was not properly noticed to the
community .
I think because it has such a far ranging effect, not that we
disagree with the idea of the need of the ordinance.
MR. KLATZKOW: No. Again, we're talking about the sound
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portion of it or are we talking about the noncompatibility portion?
CHAIRMAN STRAIN: I think the -- everything that you have
here needs to be run properly through the cycle.
The sound portion does. There's too many ambiguities in that,
and definitions of terms, what we mean by live entertainment versus
entertainment.
Those are all good points. What process is best to follow?
Normally, they're flushed out in a full venting of this in the public
process, especially through the DCA and the other boards -- the DSAC
and the other boards that are involved.
And I'm very concerned that didn't happen now. I'm not saying
we don't need it. We absolutely need an ordinance, but I'm not sure
that we do need damage by letting it wait for a few more months while
it goes through cycle two, rather than rush it through on cycle one as a
-- as an add on.
I don't know what the rest of the impressions are by the board.
Mr. Kolflat?
COMMISSIONER KOLFLA T: Could you add on there also that
they should look into the noise ordinance and possibly amending that
to solve the problem.
CHAIRMAN STRAIN: I think that would be fine.
If someone wants to make a motion, and there's -- and I don't
know ifthere's more discussion.
Do you guys have any input?
COMMISSIONER CARON: I thought you were just making a
motion.
CHAIRMAN STRAIN: Well, I -- I'll-- what I said, then I'll
make into a motion. And I'll be specific, is that this -- we'll make a
motion to recommend denial, not because we disagree with the intent
of the ordinance but because we disagree with the -- the process in
which it went through to be added on to this LDC cycle, that it wasn't
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fully vented and noticed to the community and that some sections of it
may be better placed in a noise ordinance rather than this ordinance.
So, that's the motion.
COMMISSIONER SCHIFFER: I second that.
Could be more specific with that last portion about a sub --
subsection?
CHAIRMAN STRAIN: SubSection E, I and E2 --
COMMISSIONER SCHIFFER: Right.
CHAIRMAN STRAIN: -- will be added, should be into the noise
ordinance, not into the STP section of the LDC.
COMMISSIONER SCHIFFER: That -- that would be good.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: And -- and could you make it
worded at the end again also that part of -- one of the reasons is lack of
expiration of revisions of the noise ordinance because we never did
that at all.
CHAIRMAN STRAIN: Sorry. I'm trying to write--
COMMISSIONER SCHIFFER: Yeah. They're saying --
CHAIRMAN STRAIN: -- figure out what you said.
COMMISSIONER SCHIFFER: -- one of the reasons we voted
against it is the lack of expiration of revisions of the noise ordinance.
CHAIRMAN STRAIN: I'm not sure the LDC language and
appeal process would be -- should be -- has anything to do with the
noise ordinance other than the fact we took two sections of it out and
said it should go to the noise ordinance.
COMMISSIONER SCHIFFER: Well, but this whole thing, I
believe, could be solved in the noise ordinance, and had we explored
that, I think we would -- we wouldn't have wasted these last two
verSIOns.
CHAIRMAN STRAIN: See, Bradley, the review of an STP --
COMMISSIONER SCHIFFER: Correct.
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CHAIRMAN STRAIN: -- you wouldn't want to put that in a
noise ordinance. You'd really want to put it in the LDC section.
I mean, the STP section, so I'm not sure why -- I don't see how the
noise ordinance would cure that part of this ordinance.
COMMISSIONER SCHIFFER: Okay. Forget it then. Forget it.
CHAIRMAN STRAIN: Okay.
Okay. So, the motion stays as previously stated. It was seconded
by Mr. Murray and Mr. Vigliotti.
Let the record show Mr. Murray.
Are there any further discussion?
All those in favor, signity by saying aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
Motion carries unanimously six/zero.
Thank you.
Mr. Klatzkow?
MR. KLATZKOW: Based on that, what I think I'm going to do,
unless I'm missing something here, to bifurcate this ordinance. I'm
going to send the not compatibility portion forward, and I'm going to
take the sound portion of it and say that it's probably better off in the
noise ordinance rather than the live.
CHAIRMAN STRAIN: Absolutely. That is what we said.
MR. KLATZKOW: Okay.
CHAIRMAN STRAIN: Okay. Are there any other comments,
issues?
If none, motion to adjourn?
COMMISSIONER VIGLIOTTI: I have one thing.
Page 49
O~0ger~ 26, 2007
J.bl 18\
CHAIRMAN STRAIN: Oh, before we do, Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: Where's our schedule now? I
will not be able to be here next Thursday.
CHAIRMAN STRAIN: That's our next meeting.
COMMISSIONER VIGLIOTTI: I can't make it. I'll be out of
town.
CHAIRMAN STRAIN: Okay. Now, our next meeting after that
or -- I can't recall if we have any meetings in between.
COMMISSIONER SCHIFFER: We had one scheduled Monday,
but we won't --
CHAIRMAN STRAIN: Well, that won't be -- the Monday
meeting for the AUIR will not a occur.
COMMISSIONER VIGLIOTTI: That's out.
COMMISSIONER CARON: Wait.
CHAIRMAN STRAIN: No, there's -- there's no meetings for the
planning commission.
Wait a minute. We have the next--
MR. SCHMITT: You have --
CHAIRMAN STRAIN: Cocohatchee on the 14th. Is that still on
or not?
MR. SCHMITT: Cocohatchee on the 14th, yes, sir.
CHAIRMAN STRAIN: Okay. So, after the 1st of November,
we go to the Cocohatchee meeting on the 14th and a regular meeting
on the 15th, and then a Cycle Two for the DLC on the 28th, which
may be one that you can fit this into the board review is prior to the
28th.
It might be more appropriate to pop that right that in here or we're
off at least -- because you can get to DSAC with it by the -- and get
back to us by then with it.
Maybe the board would let that happen, so --
MR. SCHMITT: Their discretion.
Page 50
CHAIRMAN STRAIN: Right.
COMMISSIONER SCHIFFER: Will we be meeting here or
back?
CHAIRMAN STRAIN: Oh, no. We're all back. We're going
back in chambers.
Miss Caron?
COMMISSIONER CARON: Do we not have to set up a date for
schools?
CHAIRMAN STRAIN: No. It's set up for the first and after it's
our last time on the agenda.
COMMISSIONER CARON: Okay. It is. Okay.
CHAIRMAN STRAIN: Yes.
COMMISSIONER CARON: Thank you.
CHAIRMAN STRAIN: Okay. With that we'll make a motion to
adjourn.
COMMISSIONER VIGLIOTTI: So moved.
COMMISSIONER MURRAY: So moved.
CHAIRMAN STRAIN: All in favor, aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: The meeting is adjourned. Thank you.
October 26, 2007
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October 26, 2007
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There being no further business for the good of the County,
the meeting was adjourned by order of the Chair at 12:47 p.m.
These minutes approved by the Board on \ /[. ( '[0 101
presented V or as corrected
, as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICE, INC. BY ROSE MARIE WITT.
Page 52
RECEIVED
16\ 18 r
November 1,2007
-, '('(0
IAN II i i.I)"
TRANSCRIPT OF THEMEE~FN@e€)F THE
Fiaia~_~~ER COUN~~p~~A~:G COMMISSION
~:~~inq~~ktf5c Novemb~r 1, 2007
~i~r~~tETtfit~REMEMBERED, that the Collier County Planning
Commission, in and for the County of Collier, having conducted
business herein, met on this date at 8:30 a.m. in REGULAR SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
CHAIRMAN: Mark Strain
Lindy Adelstein
Donna Reed-Caron
Tor Kolflat
Paul Midney
Bob Murray
Brad Schiffer
Robert Vigliotti (Absent)
ALSO PRESENT:
Jeffrey Klatzkow, Chief Asst. County Attorney
Marjorie Student-Stirling, Assistant County Attorney
Joseph Schmitt, CDES Administrator
Ray Bellows, Zoning & Land Development Review
Misc, COffes:
Date \ (;1- \ Ifi I
Page 1
Item#:
--^,.-
j
Copies to:
161
"'~.... _~~I
t
November 1,2007
CHAIRMAN STRAIN: Okay, Ray, it's that magical time.
Good morning, everyone. Welcome to the November 1st
meeting ofthe Collier County Planning Commission. If you'll please
rise to pledge allegiance to the flag.
(Pledge of Allegiance was recited in unison.)
Item #2
ROLL CALL BY CLERK
CHAIRMAN STRAIN: Thank you. Will the secretary please
do roll call.
COMMISSIONER CARON: Mr. Kolflat?
COMMISSIONER KOLFLA T: Here.
COMMISSIONER CARON: Mr. Schiffer?
COMMISSIONER SCHIFFER: Here.
COMMISSIONER CARON: Mr. Midney?
COMMISSIONER MIDNEY: Here.
COMMISSIONER CARON: Ms. Caron is here. Mr. Strain?
CHAIRMAN STRAIN: Here.
COMMISSIONER CARON: Mr. Adelstein?
COMMISSIONER ADELSTEIN: Here.
COMMISSIONER CARON: Mr. Murray?
COMMISSIONER MURRA Y: Here.
COMMISSIONER CARON: And Mr. Vigliotti is absent, and
Mr. Tuff is no longer on the CCPC.
CHAIRMAN STRAIN: Right. He's still on this earth, he's just
no longer on the planning commission.
COMMISSIONER CARON: Right. That's why I qualified it.
Item #3
Page 2
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November 1,2007
ADDENDA TO THE AGENDA
CHAIRMAN STRAIN: Addenda to the agenda.
COMMISSIONER SCHIFFER: Mark, I --
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: Just a question I'd like to ask
Ray, new business about the e-mail, county e-mail.
CHAIRMAN STRAIN: We'll add that to new business, then.
That will be a fun one.
COMMISSIONER SCHIFFER: Simple.
CHAIRMAN STRAIN: I'm sure Ray will have a very
politically correct statement to make to you. I may not have.
Addenda to the agenda. If anybody is here for the Naples Bath
and Tennis Club, that one will not be heard today. There was an
advertising error. It has to be readvertised, and it will come back to us
in December. So if you're here for that one today, we will not be
hearing it.
Margie, do we need any comment by you on that?
MS. STUDENT-STIRLING: Thank you, Mr. Chairman.
For the record, Marjorie Student-Stirling, Assistant County
Attorney.
I think we just need a motion. It's not shown as such on the
agenda index, so just we need a motion to continue. Thank you.
CHAIRMAN STRAIN: Is there a motion to continue Petition
PUDA-2006 --
COMMISSIONER ADELSTEIN: So moved.
CHAIRMAN STRAIN: -- AR-I0176?
COMMISSIONER ADELSTEIN: So moved.
CHAIRMAN STRAIN: Motion made by Commissioner
Adelstein.
Is there a second?
COMMISSIONER CARON: Second.
Page 3
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November 1,2007
CHAIRMAN STRAIN: Second by Commissioner Caron.
Discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signity by saymg aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 7-0.
Okay, we have some other issues. Well, first of all, our next
meeting is a special meeting scheduled for the 14th of November. I
have heard that there's a possibility that may not occur. Can anybody
shed any light on that from staff or from for the county attorney's
office?
MR. SCHMITT: For the record, Joe Schmitt, Community
Development and Environmental Services Division Administrator.
Mr. Chairman, I've heard nothing official, unofficial. I've been
waiting for a letter from the county manager, but I think it's safe to
assume that it will be -- the best way to approach this is to continue
the item indefinitely to a future date to be announced.
CHAIRMAN STRAIN: Okay, we can't continue it here today,
it's just going to be continued is what you're telling me --
MR. SCHMITT: Yes. It's a special meeting. There was no
advertising requirement per se by code, but we did advertise. And I've
got no direction from the board that the item will be continued. But it
is believed that the board will ask the planning commission either to
continue the item, or possibly the board may deal with the situation
Page 4
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November 1, 2007
prior to the planning commission hearing it. That is all I know right
now.
CHAIRMAN STRAIN: Okay.
MR. SCHMITT: If the meeting is canceled, we will have
someone here basically to announce that the meeting is canceled.
Again, there's no special requirement as far as advertising. It
was a special meeting at the request of the Board of County
Commissioners is what you're aware of. And we can -- how to deal
with that, I'm going to turn to the county attorneys for opinion.
Do we need to meet and then cancel or we just cancel the
meeting between now, and then if we get word that the item -- the
board's going to deal with that?
MR. KLATZKOW: I'll leave this to the discretion ofthe
chairman at this point in time. I think it's within your power to simply
continue it right here and right now so that the public is aware that
there's no point showing up November 14th.
You can continue it without setting a date. And we'll have
further direction, as Mr. Schmitt said, on the 13th of November,
perhaps. Or you can simply choose to meet as scheduled November
14th, and then if the board cancels November 13th, we can put a staff
member in front of the door to advise people that it has been canceled.
CHAIRMAN STRAIN: Well, first of all, if we were going -- if
we don't continue it and it stays on the agenda and we don't know
until the 13th, we wouldn't have enough time to adequately review for
the 14th. So I think the decision needs to be made today and
whatever that decision is has to stick in regards to our involvement,
from our perspective. Because if we're going to prepare for that one,
and that's a pretty lengthy preparation, we can't wait until the decision
on the 13th to prepare.
So ifthere is a question at this point, it looks like it's going to
have to be continued, just to be fair for the analysis that we'd have to
do.
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November 1, 2007
By the way, for anybody who's not understanding what issue it
is, it's the Bert Harris claim that was remanded back involving the
Cocohatchee project in North Naples.
I don't know what the reasons are or what's changed with the
board, although I don't know any circumstances that would have
changed other than that the applicant is trying to maybe resolve
things. I don't know what's going on.
MR. KLATZKOW: I have no independent knowledge of any
issue.
CHAIRMAN STRAIN: Okay. I think it's in the best interest of
this board, so that in any case we provide a -- we have enough time to
thoroughly understand it. And if the BCC is not making a decision
until the 13th, by all means we need to entertain a motion to continue
until another time that is selected in the future.
Mr. Kolflat?
COMMISSIONER KOLFLA T: I make a motion that we
continue this issue.
CHAIRMAN STRAIN: Okay. Is there a second?
COMMISSIONER ADELSTEIN: I'll second it.
CHAIRMAN STRAIN: Seconded by Commissioner Adelstein.
Is there any discussion?
(No response.)
CHAIRMAN STRAIN: Okay, the motion's been made to
continue indefinitely --
COMMISSIONER CARON: Ijust have a question. Are we
certain that the BCC will not take it up until the 13th?
CHAIRMAN STRAIN: I don't think they have another meeting
till then, do they?
MR. SCHMITT: They have an AUIR meeting on the 5th, which
is the special meeting of the Board of County Commissioners for the
AUIR, 5th and 6th. I would assume that that meeting will only take
one day, but next Monday. So the board, because they meet, could
Page 6
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l
November 1,2007
provide guidance on the 5th at a special meeting.
CHAIRMAN STRAIN: Well, Joe, we don't have another
meeting between now and the 14th, so the only meeting we can take
action at is now.
MR. SCHMITT: Correct.
CHAIRMAN STRAIN: Jeff, if we continue this now but the
Board agrees that we should continue -- they still want us to hear it
and they make that decision on the 5th or 6th, can we still have the
meeting on the 14th, or do we just have to go to the next -- the week
after or something like that?
COMMISSIONER ADELSTEIN: It would have to be
afterwards.
MR. KLATZKOW: There's no requirementthat this be
advertised, but I always think it's a good thing to get the public
involvement. So that I think -- I do think there should be some time
lag. I don't know what the open calendar is like, when you can meet
again for this.
MR. SCHMITT: The planning commission has a meeting on
the 15th, but there certainly is no room on that agenda for that item.
And I would like to advise the planning commissioners that we
do have revised site plans and additional information to hand out that
we were preparing to send -- actually, we were going to send it
yesterday and then I got word that possibly just hold off until I -- so
there is additional information that was going to be sent to you.
r think it's in the best interest of the planning commission right
now, based on at least what I'm aware, and I probably turn to Margie
because she may have more information -- because there was a
meeting between the respective attorneys. But we would probably
have to find some date in December, if we were -- and I will have to
do that, based on board guidance and tell the board that based on the
direction right now, the uncertainty, that the meeting for the 14th is at
least continued. And if the board directs, we'll try and reschedule a
Page 7
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November 1,2007
meeting in December.
MS. STUDENT -STIRLING: My recommendation would be to
continue indefinitely. There's some other issues on it, I really want to
go through the record on it here, involving a site plan that could take
some additional time. So my recommendation would be to continue
it indefinitely.
CHAIRMAN STRAIN: Brad, did you have a comment?
COMMISSIONER SCHIFFER: Just the concern is that in the
Bert Harris there is a lot of timing triggers. And the last time we were
here we got the attorney for the applicant to state that obviously he
would hold this in abeyance, but does this continuance -- would it in
any way cause us to lose something on the timing threshold?
MS. STUDENT-STIRLING: I don't think so, because we're
trying to work these issues out, and everybody understands that, so --
CHAIRMAN STRAIN: Well, there's a motion then to continue
this item indefinitely at the discretion of the BCC and the time tables,
and there was a second.
Any further discussion? Anybody.
(No response.)
CHAIRMAN STRAIN: All those in favor, signity by saying
aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 7-0.
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Item #4
PLANNING COMMISSION ABSENCES
Okay. Mr. Schmitt touched on something on the 15th. First of
all, on the 15th of the month, it's our regular meeting. I'm assuming
everybody's going to be able to make it--
COMMISSIONER MURRAY: No, I may be--
CHAIRMAN STRAIN: Mr. Murray won't?
COMMISSIONER MURRAY: -- I have jury duty notice, so --
during that week. Don't know if they'll call me.
CHAIRMAN STRAIN: Okay. The -- we have two -- that's a
pretty lengthy agenda. Actually, I got it the other day as a draft
format. I asked the person sending it to me not to publish it because I
don't agree with the agenda.
We have one, two, three, four, five, six regularly scheduled
hearings involving PUDs and variances. And then we have all -- one,
two, three, four, five, six, seven, eight, nine of the adoption hearing
issues from the GMP. If you recall, we went through transmittal.
Now, I had asked staff to look for a separate date to hear the
GMP things. I never got a response to it. Instead I got an agenda
showing it added to the 15th, which I previously had asked them not
to do.
The adoption items are critical. They're comprehensive plan --
they're Growth Management Plan amendments, and it's important for
this board to have adequate time to review them, and it's also equally
important to have time to air them in the public. It doesn't help to
have staff sitting here all day long waiting for seven or eight agenda
items to go through and at the end of the day start the GMP stuff.
Ray, before the meeting adjourned this morning I asked you to
find alternative dates that this room is available in the month of
November. I would like those items moved to an alternative date m
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t
the month of November, in this room, whether it be morning,
afternoon or evening. I would expect it be three to four hours for us
to get through those items. But it shouldn't be done on the same day
as our 15th.
So unless there's a disagreement from the board members here,
I'd like you to take that as direction to change it, and we just need to
get it done.
The next time if I suggest something like that and you don't
agree with me, if you could let me know ahead of time so we could
have the discussion, it sure would be helpful.
MR. BELLOWS: For the record, I asked compo planning to
respond. I don't know what happened. I'll check on that.
CHAIRMAN STRAIN: Okay. Also, on the 15th, we have an
item that's coming up that is in an ST area in Collier County. Two
days ago I asked county staff why it was not -- to give me a valid
reason as to why that was not going to the EAC, because under the
EAC they're supposed to review issues that are in ST areas.
I was told they passed my message on to Bill Lorenz. It's been
two days. I've gotten no response from Mr. Lorenz.
MR. SCHMITT: He responded this morning.
CHAIRMAN STRAIN: Well, I'm here.
MR. SCHMITT: I realize that.
There are several special treatment designations, and this is a
wellfield ST area. It is not an area that is reviewed by the EAC.
There's no impact into the wellfields by this rezoning, and basically
there is no need to send this to the EAC.
CHAIRMAN STRAIN: Okay, Ijust now, since you just told
me that information, I will verity what he said myself, and I'll e-mail
you guys back on whether or not this needs to be remanded to the
EAC in regards to that ST issue.
I don't know if Bill's statement is consistent with the way these
areas have been looked at before in the past, but that needs to be
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verified. We should be consistent in the way we look at all these
applications. So I'll have get back with you tomorrow after I get time
to read that e-mail.
Item #5
APPROVAL OF MINUTES SEPTEMBER 20, 2007, REGULAR
MEETING
Okay, with that, the approval of minutes of the September 20th
regular meeting. Has everybody in their packet received them? Is
there a motion to approve?
COMMISSIONER ADELSTEIN: So moved.
CHAIRMAN STRAIN: Motion made by Commissioner
Adelstein.
Is there a second?
COMMISSIONER MURRAY: Second.
CHAIRMAN STRAIN: Seconded by Commissioner Murray.
Any discussion? Anybody.
(No response.)
CHAIRMAN STRAIN: All in favor, signity by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 7-0.
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Item #6
BCC REPORT, RECAPS - SEPTEMBER 25,2007, REGULAR
MEETING; OCTOBER 9, 2007, REGULAR MEETING
Ray, the BCC report.
MR. BELLOWS: Yes, the Board of County Commissioners met
on October 23rd. They heard the conditional use for the Fawzy
excavation, earth mining petition. That was denied by the Board of
Zoning Appeals by a vote of 3-2.
The board also heard the variance for the Wendy's Restaurant
off Immokalee Road. That was approved on the summary agenda, as
well as the PUD zone for Habitat W oodcrest. That was also approved
on the summary agenda.
CHAIRMAN STRAIN: Thank you.
Item #7
CHAIRMAN'S REPORT
Chairman's report. I have one item to bring up today, and that is,
for all of you who probably already know it, Russell Tuff had to
resign due to a conflict with his newly promoted position over at the
Naples Daily News.
So I guess congratulations to him on one count for being
promoted, and I don't know if it's congratulations or what on the
second for not being here. But I'm sure there'll be somebody else
coming along.
With that, we'll get into -- oh, as Mr. Schiffer had indicated, he
requested under new business we add a discussion of the county
e-mail involving additional information. That will come up on 10 --
number one under new business.
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November 1,2007
And I will be adding an item for discussion of a joint workshop
with the City of Naples at that time.
And with that, we'll go into the advertised public hearings.
Again, for those in the audience who came in late, the Naples
Bath and Tennis petition has been continued. It will probably be
towards the end of December before we hear that. But it has been
continued. It will not be heard today.
Item #8B
PETITION: PE-2007-AR-12164
The second petition is Petition PE-2007-AR-12164, the Keith
Basik, Larry Basik, Jeff Basik of Naples Big Cypress Market Place.
It's a parking exemption petition.
All those wishing to testity on behalf of this petition, please rise
to be sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Thank you. Are there disclosures on
the part of the planning commission?
COMMISSIONER SCHIFFER: I do.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Yes. 1 had a phone conference
call with Patrick White and the developers who are in the room, and
we discussed essentially the access from Trinity.
CHAIRMAN STRAIN: Anybody else?
(No response.)
CHAIRMAN STRAIN: My part, I had a discussion with Mr.
White as well. I informed him that because it was in the notification
area of a project in which I receive income from, I would not be
voting on this under the perception of a conflict, but I will be chairing
the meeting.
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November 1, 2007
So with that, I'll -- and ifthere's no other disclosures, we'll
continue with the applicant's presentation.
MR. WHITE: Good morning, Mr. Chairman, Commission
members. Patrick White with the law firm of Porter, Wright, Morris
& Arthur, representing the Naples Big Cypress Market Place,
Limited Partnership, LLP.
I note for the record that the general partner of that is Basik
Development, LLC, and that its managing members are Jeffrey and
Keith Basik.
In addition to my remarks, we may have -- Mr. Larry Basik
desired to comment on some aspect of the case. But essentially I'm
all yours today.
We've worked closely with staff in this application to address a
number of procedural and substantive aspects, and I just would like at
this time to acknowledge their assistance in that regard. It has been
most helpful in getting us here today in a timely manner.
The request for which we seek your favorable recommendation
is a parking exemption. It has its regulatory root in the LDC in
Section 4.05.02, capital letter K, which is entitled Exemption to
Locational Requirements.
And in Subsection 3.A of that, under (2), a lot such as this
which is proposed for off-site parking qualifies, as it's not zoned
commercial.
Here the subject, approximately 9.8 acres, are zoned
agricultural, which under the LDC of course is not a commercial
designation.
The proposed off-site parking would be interconnected with the
existing roadway and immediately adjacent and abutting
commercially-zoned parcels to the west, the most proximate of which
will have the Naples Big Cypress Market Place structure on it and for
which the maximum of355 parking spaces being sought is intended
to be located.
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The very same parcel may be familiar to you, as it was the
subject of a recent request for a small-scale comprehensive plan
amendment. In that regard, your staff has found the parking
exemption to not be inconsistent with the comprehensive plan.
And I say it that way because the staff report indicates that there
is no provision directly on point with respect to this type of a request
other than to the extent that it is required to be considered compatible
under the Future Land Use Element Policy 5.4, which I believe the
responses to the criterion for your consideration reflect in the staff
report.
Turning specifically to consideration of those LDC criteria
themselves, I note there are a few minor modifications that, based on
the staffs comments and discussion in what we have in the staff
report, I think are worthy of note in the narrative that was provided as
part of the application package.
First off, this is an irregularly shaped parcel, as you can see on
the viewer. It's intended to allow the construction of some basic
parking facilities. The narrative originally indicated it was for
approximately 372, but it's in fact 355 total additional parking spaces:
338 of them are regular spaces, and approximately 17 are intended
as -- for parking of oversized vehicles.
Looking to the criteria set forth in the LDC under the
4.05.02.K.3, the application meets the intent of the criteria therein as
evidenced in the staff report and as I'll discuss momentarily.
The staff report also indicates that the application is associated
with an SOP that is approved, that being SDP 2002-AR-2230. That is
presently in for a proposed amendment, an SDP A denoted as
AR-8747.
How that SDP A ultimately shapes up and is considered for
approval by the staff is largely going to depend upon whether we
have the favor of your recommendation and the board's approval. So
it's pending but awaiting some further determination through this
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ove~ber 1, f607
process.
All of the parking spaces that are being requested are
essentially, as to the existing SDP, overflow parking in that those
spaces exceed the minimum parking standards required by the
approved SDP and as referenced in the LDC under Sections
4.05.04.G and 4.05.09 for the adjacent commercial uses to the west,
that being the Market Place structure and others. And in fact these
spaces will support those uses.
The off-site parking area is intended solely to further support
those uses but is not itself zoned commercial. As I noted, it is ago
We are required to demonstrate in order to quality for the
requested relief that fact under the provision of the LDC I mentioned
at the beginning of my remarks.
The existing commercial area, which already has existing
required parking provided, is separated from this area by an internal
access roadway that will extend from north to south between them
along their shared boundary line. And that roadway will also serve to
interconnect the commercial uses with both the required and the
access parking.
As designed, the farthest overflow parking spaces from the
facility to be served, Market Place, are in fact closer than some of the
required spaces already provided on-site further to the west, across
Basik Drive.
All of the spaces being provided, both under the existing SDP
and as proposed under this exemption, are within ready walking
distance to the adjacent uses, a criterion for your consideration, and
as a result will not require internal traffic flow to leave the
commercial site in order to reach the proposed off-site parking. Thus
patrons and employees parking in this lot would not be required to
cross Basik Drive, an enhancement to public safety.
Access to the overflow is also provided through to the adjacent
public road, Trinity Place, over a short portion of the road closest to
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November 1, 2007
the East Trail, U.S. 41. Trinity Place is primarily used to access a
local residential neighborhood of 13 or so homes, but it's worth noting
that the LDC does establish that it is essentially a criterion for
consideration that we provide some connection directly to the public
road. And that is what the access to Trinity place is intended to
achieve.
You'll further note that your transportation staff has imposed a
condition we are agreeable to, that access to Trinity will be gated and
used for emergency purposes only.
The primary route of access for overflow parking will be
through the existing roadways on SDP 2330 and will go through to
the north and west to Basik Drive and then out to U.S. 41. This will
further enhance pedestrian and vehicular safety by reducing the
amount of queuing that will take place. We believe that this will
occur because the traffic will essentially have two options as it enters
Basik Drive, both to turn to the east, go around through the internal
drives to the parking exemption lot, if you will, further to the east of
the Market Place facility, and, as already allowed for, the bulk of the
parking to be further to the west. So by allowing the traffic to kind of
divide, we believe it will reduce the queuing, stacking and potentially
any traffic conflicts for vehicles arriving from the west on 41.
We also believe that this will -- the parking exemption, if
granted, will protect the character and the quality of the existing
neighborhood. And we believe that that's true because of the fact
that we're looking to gate the access to Trinity Place and have the rest
of the traffic circulate through to the already existing commercial
designated lands.
Turning a little bit more to the surrounding properties, the only
immediately abutting but unrelated uses are those existing to the north
of the subject lands on what is, as to the immediately adjacent parcel
vacant but also agriculturally zoned property. It may be eventually
developed, but in order to be assured that any potential impacts from
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November 1, 2007
the parking lot are properly addressed, there will be a Type B buffer
of 15 feet along that side.
The other two sides kind of more to the south are proposed
along 41 to have a Type D IS-foot buffer, and I believe along the
Trinity side a Type D lO-foot buffer. I believe the staff report
indicates they're both, the type D's are 10-foot. But if you look at our
concept plan -- thank you, Ray -- it indicates down there in the fine
print that the one along 41 will be 15 feet wide.
Because there are no abutting residential uses in that ago parcel
to our north, no wall is being proposed as part of the buffers, and that
is consistent with the LDC's requirement. But we also note that any
structures, were they to be on commercial lands, which these are not,
would have to be set back 15 feet.
So I believe with the buffer that we're intending to put in place,
as a matter of fact, no structure could be in the area that would
otherwise be required, even if this were considered to be commercial.
So I think we're meeting what the intent of the LDC is, although not
required to do so.
None of the proposed parking spaces will require motor vehicles
to pack out onto any street, and indeed, that is an LDC requirement
we comply with.
Although the staff report under item 11 -- I'm sorry, it may not
be 11, I think it's maybe 10 -- indicates that no valet parking is
proposed, our narrative indicated that from time to time for certain
types of events valet parking may be offered as a convenience to
some of the patrons. And I believe that that only further enhances the
opportunity for vehicles to move quickly through the parking areas
and to be parked as far as possible away from the Market Place use by
the valet employees so that, again, more spaces nearby are available
for those who choose not to use that service. But as I indicated, it is
not proposed to be provided on a routine basis, only kind of in a
special event.
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November 1,2007
Number 11 of the criteria on the staff report at the bottom of
Page 5, although not commented on by staff, our narrative made clear
that some employee parking may take place in this lot, and that it's
the intention of the owners that those employees will be directed to
park as far as possible, that would be to the east if they're in this
parking lot, or potentially if the spaces are even further to the west on
the other side of Basik Drive, to have the employees park there. So
that again, more spaces are as proximate as possible to the actual
entrance of the Market Place.
As a further means to assure that the maximum number of
already existing required spaces will be available for customers
arriving in individual vehicles, all the buses and other similar larger
occupancy vehicles are intended to be parked in the proposed off-site
area for which there are presently 17 spaces or so anticipated.
Given the close proximity of the parking area to the intended
adjacent uses, we don't believe that there is a more viable alternative
that exists or available, and staff concurs in that respect.
And based on the foregoing statements that support the design
itself and the site's operational parameters, we believe that pedestrian
and vehicular safety will be assured, and that the parking exemption
will be compatible with the surrounding uses and thereby
demonstrated to be consistent with FLUE Policy 5.4.
Based on the points I presented and the materials that are on file
in the record, we believe that a recommendation of approval of the
request is warranted. I'm happy to answer any questions you may
have, and would just ask to reserve time to address any staff or public
comments or questions by the planning commission.
CHAIRMAN STRAIN: Thank you, Mr. White. There are
questions.
Mr. Kolflat?
COMMISSIONER KOLFLAT: Yes. Ray, would you put that
overhead on the zoning again, please.
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November 1, 2007
I just would like you to confirm my understanding of the
number of spaces. What are the number of spaces in C-4?
MR. WHITE: Is that a question for Ray or me?
COMMISSIONER KOLFLAT: For you.
MR. WHITE: Okay. Under the existing approved site plan,
and I'm not sure that's the exhibit you wanted. Is it, Mr. Kolflat? Is
that the one you wanted, that's on the visualizer?
COMMISSIONER KOLFLA T: Yes.
MR. WHITE: In C-4, I don't know that I can separate out the
number that are in just the C-4, because you'll note that I believe
there's additionally a portion that is C-5. But as to both of those
commercial designated parcels, the amount of parking under the
existing SDP that is required was I believe 300 and -- one second --
what was required was 438, and what was provided on those lands
were 477. We're asking for an additional 355 maximum on these
adjacent more easterly lands that are there.
COMMISSIONER KOLFLAT: I understood in C-4 there were
34 spaces, and C-5, 439. Is that incorrect?
MR. WHITE: I don't have them broken down by the respective
zoning districts, but I'm being told by staff and the owner that that's
correct.
COMMISSIONER KOLFLAT: That is correct?
MR. WHITE: Yes.
COMMISSIONER KOLFLAT: What constitutes an oversized
vehicle? An SUV, a bus, a semi-trailer or what?
MR. WHITE: We were thinking buses. I'm not certain of how
any other types of large occupancy vehicles will be on the site as far
as semis or not. I really don't know how that will play out as things
move forward.
The reason why, as I mentioned, the pending SDP A isn't
finalized is because in part we're looking to assure that we're going to
properly design it to accommodate those types of vehicles so that
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November 1,2007
they'll have an ease of turnaround.
COMMISSIONER KOLFLAT: Would you limit it to buses
and exclude semi-trailers?
MR. WHITE: I have an indication from the owner's
representative that they would be willing to do so.
COMMISSIONER KOLFLA T: Thank you.
The material we received had questions relative to valet. Some
said valet parking would be used, another said valet parking would
not be used. I understand from your statement this morning that you
would like to have valet parking as a feature.
MR. WHITE: It will be something I believe that from time to
time is going to be offered to the patrons, and I believe that that
enhances the function of the actual parking exemption itself by, as I
mentioned, allowing for a more quick drop-off of patrons and a
further parking away from the entrance of those vehicles that are
valeted.
COMMISSIONER KOLFLA T: So you would like to have the
valet parking feature retained?
MR. WHITE: Yes. It is not a fundamental aspect of what we're
asking for, it's simply one of the criterion for consideration.
COMMISSIONER KOLFLAT: Right. Now, do you concur
that the Trinity Place access is only for emergency?
MR. WHITE: Absolutely. We agree with the staff condition.
COMMISSIONER KOLFLA T: Right. Now, looking at the
parking as you come up Trinity Place there where they were going to
have the oversized vehicles stored or parked, it appears that you
would pull in head first coming up Trinity Place.
MR. WHITE: No, sir. As I mentioned, what you have is our
originally proposed concept plan for the site. Based upon the staff
comments we received about their desire to have Trinity Place gated,
which we agreed to, we did not go back and redesign this, because it
is conceptual.
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But my comments I made a few moments ago indicate that we
recognize that there will have to be some redesign under the SDP A
that is presently pending to accommodate the means by which those
vehicles would turn around so that they could enter nose first into the
spaces as they're diagonally oriented.
COMMISSIONER KOLFLA T: So that would be taken care of.
MR. WHITE: Yes, sir--
COMMISSIONER KOLFLA T: Thank you. That's all I had,
Mark.
MR. WHITE: -- I appreciate you noticing it.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Patrick, a quick question.
Something confusing on -- there's an SDP that you said was
approved.
MR. WHITE: Yes.
COMMISSIONER SCHIFFER: But there's one section here
where, you know, that situation where if you go over 120 percent of
the requirements of the code, and it appears that that's waiting the
approval of the SDP. It's on Page 2, the paragraph right above
surrounding land use.
MR. WHITE: Yes.
COMMISSIONER SCHIFFER: What is the status of -- or is
that paragraph confusing me?
MR. WHITE: I can assure you, we had the same initial reaction
to it. As I've indicated, note that this parcel's not zoned commercial.
I'm not sure of the legal applicability of the provision that's cited
there. Regardless, we're willing to go along with the staffs
assessment of that.
It is not directly the subject oftoday's consideration for the
parking exemption, but as the staff report indicates, something that
we're being put on notice of and will be addressed as part of the
SDPA.
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And let me tell you what our anticipated handling of that will
be. We've gone through and done the calculations based on the LDC
requirements, which is what provision 4.05.04.C speaks to, and we
believe that we will be only approximately three or four spaces
overall above the threshold of 120 percent.
So we appreciate the staff pointing it out to us. If we trip that
number of 120 percent, then we're certainly prepared to comply with
whatever procedural steps we need to go through. But our belief is
that factually we will not have to, we will be under that threshold.
Although we're asking for 355, we may only build 351. And
our intention is -- we've talked to our engineer about this -- is to
potentially eliminate the most easterly of those bus diagonal
oversized vehicle parking spaces in an effort to facilitate a turnaround
for those types of vehicles.
COMMISSIONER SCHIFFER: Okay, so the SDP that's
approved would trigger and you'd cure it by removing some parking
places.
MR. WHITE: The SDP that's pending, not the one that's
approved. But essentially, yes is the answer to your question.
COMMISSIONER SCHIFFER: Okay. The other question is,
will you be joining these properties via unity of title? And if so,
would it then be considered off-site?
MR. WHITE: Because of the zoning, I believe it is considered
off-site by the LDC. In fact, if -- the ownerships, to answer your
question in part, are the same. But for those ownerships having only
recently gone into essentially the same entity holding title to them, I
believe we may have qualified for administrative relief under
provision one or two of the same section of the LDC that this parking
exemption is found under.
Those are ones that anticipated administrative type of approval.
But because the ownerships are in the same entity at this point, the
only option we have is to come forward for this exemption from the
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locational requirements that requires us to be designated as a parking
exemption.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Any other questions ofMr. White?
Mr. Murray?
COMMISSIONER MURRAY: Good morning, Mr. White.
MR. WHITE: Good morning, Mr. Murray.
COMMISSIONER MURRAY: You speak of -- let's talk about
safety, which is a paramount issue for us. I know that the consortium
plans to do some work, and I can't recall whether or not the u.s. 41
will be two-lane or four-lane as far as that area. Do you happen to
know?
MR. WHITE: I believe it is going to be four-Ianed.
And I note for the record that Mr. Keith Basik has arrived and I
believe he was otherwise at those discussions this morning about the
consortium.
COMMISSIONER MURRA Y: And in the structure of the
laning, will there be a rather long queue for a left-hand turn to allow
people to queue and come into the flea market?
MR. WHITE: My understanding, Mr. Murray, is that that
consideration would be made in conjunction with the FDOT at the
time.
My further understanding is that they are not at that level of
planning development and engineering studies, PDEs. However, my
expectation is that we're going to look to have at least the minimum
that's required for what the functional aspects are of that turn-in, that
left turn-in.
So to answer your question is we will -- we anticipate it, we
expect that it is going it be required, and we're going to make it as
long as it needs to be, if not longer.
COMMISSIONER MURRAY: That's fine.
Then let's go into the interior of your area. Now, I'm really not
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happy with the documents that I received to be able to review
effectively. If you'd like to put your finger on the space where the
entrance is between C-4 and A on that current document before us.
MR. WHITE: I can put one on the visualizer that may make it a
little easier.
COMMISSIONER MURRA Y: That would be wonderful.
MR. WHITE: I believe that the location you're requesting for
me to direct your attention and that of the commission to is here.
COMMISSIONER MURRAY: Well, wherever it is that people
come in. I'm talking about off of U. S. 41.
MR. WHITE: They will enter off of Basik Drive.
COMMISSIONER MURRAY: Please point that out on this
diagram.
MR. WHITE: It is not part of the subject lands for this, but I
can momentarily.
COMMISSIONER MURRAY: It really should have been in
order for us to evaluate a common driveway, ifthere is one.
MR. WHITE: As the staff report and my presentation indicates,
there's already an approved SDP. And I note for the record it is
AR-2330. And I'll demonstrate on the visualizer how the traffic flow
is intended to operate.
COMMISSIONER MURRAY: Thank you.
(Mr. White indicates.)
COMMISSIONER MURRAY: Good. Now, we speak--
MR. WHITE: Can I just make one other comment, Mr.
Murray?
COMMISSIONER MURRAY: Certainly.
MR. WHITE: As I noted before, this is an additional alternative
for vehicles arriving. Presently the bulk of the vehicles would be
coming in traveling off of U.S. 41 in a northerly direction and only
able to turn essentially left and to the west. So we're providing two
opportunities for those vehicles to disburse.
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COMMISSIONER MURRAY: Okay. Using this document
here and talking about two things, queuing, where will your people be
who will be directing vehicles to go to their parking spaces, whether
they be left or right, ultimately?
MR. WHITE: My belief is that as part of the SDPA we may be
committing to either signage and/or, depending upon the size of some
type of an event, providing additional employees to flag vehicles,
depending upon how well the patrons adapt to the increased and new
opportunity for parking.
COMMISSIONER MURRAY: Well, that's very vague in terms
of safety requirement. And I'm very much concerned with safety
requirements here.
We have the potential for 800 vehicles. We have -- they're all
going to queue up within a certain time frame and they're going to be
coming from left and right, and you're talking about valet parking,
which I question as to its applicability for moving vehicles. In fact, I
think it's a stop jerk type of thing, people have to get out of their cars,
others have to get in. So if there's adequate queuing, it might be
acceptable.
But I would think you would need people there pretty much
from the beginning of the opening, especially -- I haven't been to a
flea market yet that didn't have somebody directing vehicles. Now,
maybe there are cases, and maybe, you know, the Basik family would
be eager to do that. But I'd like to think that there was a plan to do
that.
MR. WHITE: I'm telling you that there is a plan, it is just not
one that is committed to in writing here. It will potentially be
evaluated as part of the SDPA.
We're looking for something that's a bit of a square peg in a
round hole here when it comes to parking exemptions. We're asking
Park to treat it, I think to some degree, like approval of a use, when
in fact it isn't. In some respects it's kind of like a variance, but it's not.
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\
And so although we share your concerns about safety, and those
have been the paramount decision-making aspects of it, to give you a
specific answer to how we've thought that through as far as valet
goes, you'll note that there are multiple parking aisles down which
patrons will be able to turn further to the east to provide parking, and
that the entrance, which I'll point to now, people will be able to stop
there and essentially queue a few vehicles at a time without
interfering with the rest of the flow to get to these additional parking
spaces.
So I believe that there is a plan. I've discussed that with the
owners as far as how the gate itself would operate, as far as I've
indicated earlier signage and other potential employees being present
at the junctions for turning movements to help facilitate the flow of
traffic. I think it's fair to say part of what our answers are going to
have to be are going to be based upon experience.
COMMISSIONER MURRAY: Well, that may be true to some
degree. But I would say to you that in these tight budgeting times, if
we're going to end up because of your development having to put a
sheriffs deputy, one or more, there to control traffic, that's a cost to
the county that shouldn't be borne by the county. And I would offer
that we perhaps put a stipulation in that requires that there be some
form of man control, manned control.
MR. WHITE: My brief discussion confirming our prior
discussions with the owners indicates that if deputies are required,
they would be paid for. If employees are required in order to
facilitate the movement of vehicles, they will be out there on-site. So
I believe that there's a commitment to doing that. I'm just not certain
how it fits into a condition, if you will, for the parking exemption to
be improved.
COMMISSIONER MURRAY: Well, for it to be exempted
from whatever constraints there are in the LDC, safety is a big factor,
that's how I believe it fits.
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I'm finished, Mr. Chairman.
MR. WHITE: I'm not saying I don't agree with your rationale,
I'm just saying I don't know how we write the condition.
COMMISSIONER MURRAY: Well, I think what you've
answered is that you've agreed, you're on record, having said that
whether it be your own employees or the county sheriffs deputies that
you will make payment for those. And I don't know what the
tripping point would be for that. I would imagine the first time that
they have a tremendous backlog and it may be safety and accident.
Hopefully not. Thank you.
MR. WHITE: I'm expecting that that would be a part of the
SDP A review by the staff and that approval. And that seemed to me
more logically as a matter of process where those considerations and
potential conditions would be imposed.
COMMISSIONER MURRAY: Well, you may be right, and
I'm sure our professional staff will do a fine job. I just want to make
sure it's on the record that we care.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yes, according to the plan that
you have up there now, the oversized parking spaces are 34. Now,
I've heard you say 17 in this meeting, and I just want to confirm that
it is 17 oversized parking spaces and not 34.
MR. WHITE: That is correct. The narrative is the only place
where I believe 34 is referenced. The actual plan itself, I've counted
them more than once, are 17 of those spaces. And as I'd indicated,
the greater likelihood is that at least four ofthem may be removed.
COMMISSIONER CARON: Well, I'd just like to correct you
on that fact, because the plan itself does say 34. I can count the
spaces myself, and if you count each dash you're looking at 34. If
you count the space itself, it's 17.
But according to one of the documents I have on here, it states
that there are 34 vehicle spaces here -- on one of these, Patrick, but
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you need to go back and just correct that.
MR. WHITE: I'm going to correct it now on the record, Ms.
Caron. I appreciate you pointing out that detail. It should indicate on
there that it is 17. I note that this is conceptual. And there are, I
believe -- and my oversight to not have noted that there were, I guess
through the dashed lines the possibility of interpreting it as two
parking bumpers.
But given the size ofthe vehicles, I believe it's the intent of the
owners that there will be utilization of those as a one-to-one, so that
the 17 will be corrected where it's written, and the graphic indication
of 17 spaces for oversight (sic) is what we're at this point proposing.
COMMISSIONER CARON: Thank you.
MR. WHITE: Thank you.
COMMISSIONER CARON: I'm not through.
Your client -- and this, Patrick, is a yes or no question.
MR. WHITE: Yes, ma'am.
COMMISSIONER CARON: Your clients are a part of the
transportation DCA consortium?
MR. WHITE: Yes, ma'am.
COMMISSIONER CARON: Thank you. Now, next, the
buffers along Trinity Place, it seems to me odd that we would have
IS-foot buffers against U.S. 41 and only a 10-foot buffer against
Trinity Place where the residential is located.
MR. WHITE: My understanding is that that flows from the way
the LDC operates in that when you have a more intense transportation
route, an artery or collector, a buffer is required to be wider.
COMMISSIONER CARON: Thank you. And I understand that
because I can read the LDC as well. However, I'm talking about your
clients being good neighbors, and I would think that you would
increase the buffering against the neighborhood as a good neighbor
policy, if nothing else.
MR. WHITE: I would indicate for the record that the owners
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are agreeable to a IS-foot as well along Trinity Place for a Type 0, I
believe that one is. And we will so indicate.
CHAIRMAN STRAIN: Are you done?
COMMISSIONER CARON: Go ahead.
CHAIRMAN STRAIN: Okay. Brad, did you have another
question?
COMMISSIONER SCHIFFER: Yeah, I do.
And Patrick, I'm still confused on the parking again. The
original existing approved SDP -- and this building is under
construction, correct?
MR. WHITE: Yes, it is.
COMMISSIONER SCHIFFER: Has 477 spaces provided.
What you're requesting today is to add, and forget the oversized for a
second, 338 more spaces, right?
MR. WHITE: Yes.
COMMISSIONER SCHIFFER: What's happening to the
building that would -- and you stated that if you figure it out you're
close to the 120 percent. But this looks like it's almost really doubling
the parking.
I know that the calculation for the building is one per 100. I'm
sure you have food and stuff like that that's going to raise that, but --
MR. WHITE: The calculation under the approved SDP 2330
was approved for an alternative parking methodology that, as
indicated on 2330's site plan, is at one to 100. The LDC requirement
is one to 50. And in fact that is part of what is propelling this
request, is to be more consistent with the LDC's requirements.
COMMISSIONER SCHIFFER: Okay. But you said the other
SDP was approved, so essentially --
MR. WHITE: It was. But that was a 2002 application. And
we're at this point looking to make some productive use of this
property and to do so in a way that's more consistent with the LDC.
COMMISSIONER SCHIFFER: That makes sense.
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Do you have a copy ofthe new SDP?
MR. WHITE: I do not have one with me. The only copy I have
is in a plan set. It is essentially though the same bounded area. And
I'm happy to make that available for your review, if you're interested
in seeing it.
COMMISSIONER SCHIFFER: And the other question is,
there's a lot of vacant land, open space on the site. Is there any plans
to do any development on that or would that be left open?
MR. WHITE: I'm unaware of any present plans, and believe
thus it would be left open. My understanding is it may be grassed.
COMMISSIONER SCHIFFER: Okay. But, I mean, you're not
going to store anything, trailers, nothing like that is going to be driven
on that --
MR. WHITE: No.
COMMISSIONER SCHIFFER: Okay, thank you.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: The parking spaces that are going
on this ago property, are they going to be -- and I should have asked
this the first time around, are they going to be grass parking spaces or
paved parking spaces?
MR. WHITE: All of the aisles and access ways will be paved.
All the handicapped will be paved. My belief is that as a matter of
that SDPA review, many of the parking spaces will be gravel over a
stabilized base and they will have each parking bumpers to identity
the appropriate spaces.
We had had an initial discussion with staff about some portion
being grassed, and I believe we will work that out with the staff to the
extent that they're comfortable with it as part of the SDP A.
Our goal was to not increase anymore than necessary the
impervious area. And I believe that our application committed to
providing double trees in the interior islands, notwithstanding the fact
that I don't believe we trip the requirement of 4.05.04.C that talks
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November 1, 2007
about for commercial parcels needing either that variance, if you're
over 120 percent, or not. So we're committing to the double trees
that are part of that standard, regardless.
CHAIRMAN STRAIN: Any other questions ofMr. White?
(No response.)
CHAIRMAN STRAIN: Okay, we'll hear the staff report.
MR. WHITE: Thank you. I'd ask to reserve some time to
respond to any additional public or other comments.
CHAIRMAN STRAIN: Yes.
MR. WHITE: Thank you.
MR. BROWN: Good morning. Willie Brown, principal
planner with the department of zoning and land development review.
The petitioner's description of the project is consistent with the
application submitted to the department of zoning and land
development review.
The property is within the urban residential fringe district, as
shown on the Future Land Use map of the county's Growth
Management Plan. However, the GMP is silent regarding parking
exemptions.
FLUE Policy 5.4 requires new developments to be compatible
with the surrounding land area. Comprehensive planning leaves this
determination to the zoning and land development review staff, as a
part of their review of this petition in its entirety.
The LDC specifies criteria upon which parking exemptions may
be approved. Section 4.05.02.K.3.A, number two of the LDC, allows
a parking exemption to be sought when a lot proposed for off-site
parking is not zoned commercial.
The subject property is zoned agricultural, as you already heard.
In addition, there are 13 criteria which must be met, upon which staff
elaborates in the staff report. Most importantly is the impact of the
exemption on the character and quality of the neighborhood and
future development of surrounding properties.
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Staffs assessment is that this impact would be minimal. The
site was previously cultivated for row crops. It's currently vacant and
undeveloped. Surrounding the site are properties zoned agricultural
with lot sizes of five acres or more, and there are no contiguous
residential zoned districts.
In addition, buffers are proposed along the perimeter of the site,
as required by the LOC.
Also, access is provided, as you've heard, via Basik Drive,
which channels traffic directly into the site and away from local
abutting roadways.
Lastly, no letters of opposition have been received, and staff is
recommending approval of this petition.
CHAIRMAN STRAIN: Any questions?
Mr. Murray?
COMMISSIONER MURRAY: Good morning, sir.
MR. BROWN: Good morning.
COMMISSIONER MURRAY: Is valet parking a commercial
activity?
MR. BROWN: My manager is nodding no, it is not considered
to be a commercial activity.
MR. BELLOWS: For the record, Ray Bellows.
It would be considered an accessory to the principal use. They
can have valet, such as a restaurant or any other type. A museum can
have valet parking. It's accessory to that particular use.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: Any other questions of staff?
(No response.)
CHAIRMAN STRAIN: Got off easy this time. Thank you.
Are there any public speakers, Ray?
MR. BELLOWS: Yes, I believe we have four public speakers.
The first one is Paul Rodinsky.
CHAIRMAN STRAIN: When you come to the microphone,
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0,
please state your name for the record. And we ask that you limit your
discussion to five minutes. Thank you.
MR. RODINSKY: My name is Paul Rodinsky. I live at 11231
Trinity Place.
I think that this parking lot that Mr. Basik is -- wants for the
overflow parking, I think that it's definitely going to need it there and
it's probably going to need a lot more there.
He also has a plan for a trailer park in the back of this project.
There's also storage companies. And they all use this Basik Drive,
which is a good road.
But there's been a problem over the years with there's an
easement which Mr. Murray was talking about between the flea
market and this parking lot that also has fire hydrants in place for an
emergency road that they wouldn't need one off of Trinity Place if
they have one coming right off of 41.
But this easement's had problems over the years, because the
Basik Road was built a little bit too close to this easement, and so
they won't allow Mr. Basik to use this easement for this particular
Basik project, which it all should be kept to Basik's project.
And now since Mr. Basik's asked these people back in '89, I
think it was, for the use of this easement for his flea market, he was
denied mainly because this road that Mr. Basik built, Basik Drive, is
too close to this easement coming off 41. And since then Mr. Basik
has purchased the 10 acres of land to the left side of this road.
Now, I can't understand why the state and why the county won't
look at this and let Mr. Basik move this road so it could be a proper
distance between Basik Drive and this easement so this way they can
do the proper changes onto 41, so when he does decide to develop
this land that he's using this parking lot on, he'll never have to use
Trinity Place so it won't end up like the flea market on Davis
Boulevard.
But it's so hard to try to get the state and the county, for them to
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look at this now that Mr. Basik has purchased this 10 acres of land, to
let him move it to 20 feet so it will be the proper distance from Basik
Road. And then people are telling me, well, it will be to close to
Trinity Place Road. Well, we can't do anything on Trinity Place
Road, because Basik owns that corner property now, and across the
street there's a cypress buff over there that's been dedicated by the
golf course.
So I can't understand why the county won't look at this and the
state won't look at this and let Mr. Basik move this easement to 20
feet so this way he'll have two major lanes coming right off 41.
When he does the improvements they can come in on one side and go
out on the other side.
And plus the fact that they're not showing -- this flow of traffic
is going to have a trailer park in the back with a couple hundred
trailers in the back of it. There's also a storage company coming off
Basik Road.
But this parking lot he's proposed here is great. It's terrific.
This is going to be a slam dunk for Collier County. Collier County
has nothing like this. Matter of fact, Lee County has nothing like
this. An 800-person arena, 350 indoor booths. This is not going to be
a two-day-a-week thing. This is going to be at least a
five-day-a-week thing, you've got an 800-person arena, this is going
to -- hundreds and thousands of cars are going to be there. And this
should be all confined to Basik development.
And they should look at this easement road, which I still have a
right to use, Mr. Basik still has a right to use this road, not for his
development, because it's a little bit too close to Basik Road.
But like I said before, he bought the 10 acres on the other side
of it, which why doesn't the county let him move it. And they're
telling him, well, it would be too close to Trinity Place then. It
doesn't make any difference, he owns the property on Trinity Place
and on the opposite side of the street nobody's ever going to build
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November 1, 2007
anything on the other side of Trinity Place because it's a cypress buff
for the golf course.
So, I mean -- but it's so hard for me to get everybody to look at
this. And Mr. Basik, I guess he'd love to do that, because this way he
could just do the improvements on 41 with the turn lanes. Instead the
future is using Trinity Place in the future, putting turn lanes in on the
highway and then using Trinity Place, which is really a residential
area. They can say agricultural but that's changed over the years.
You can't have any more than two horses or two pigs. The law has
changed.
And all I can say is this place is going to be a big thing for
Collier County and a boost in employment. But like the parking here,
you've got to look at the future with the parking. It should be all
confined to the Basik development and not spill out onto any streets
around there. Especially Trinity Place where we only have one house
per five acres, that's all we're allowed there. And mostly all the land
has houses on it now on Trinity Place.
But if they look at that easement road, which the people on
Trinity Place still have a right to, and the people at Trinity Place
would be more than happy to vacate that front part of the easement.
IfMr. Basik put a gate at the end of Garcia's property, which would
be right next to this parking lot, which would give us access to go
onto Basik Road.
But we would be willing to vacate the front portion ofthis
easement for Mr. Basik, and if the state would look at this and the
county would look at this and maybe we could get a state
representative together and look at this, maybe we can confine this
whole project to just the Basik property, and this way Mr. Basik will
have to do the improvements onto 41 with turn lanes.
CHAIRMAN STRAIN: When Mr. White comes up here for his
conclusionary remarks, we'll ask him to address that issue.
MR. RODINSKY: Thank you very much.
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COMMISSIONER SCHIFFER: Mark, I have a question.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Sir, I don't understand what
you mean by the easement. You don't have a microphone, but could
you just not say anything and point and then come back to the
microphone.
MR. RODIN SKY: Mr. White, could you put up that other one
that shows it a little more clearly.
Mr. White, could you show me that between C-4 and C-5 where
that easement is, that other --
MR. WHITE: I'm happy to. If -- may I have your permission,
Mr. Chairman?
CHAIRMAN STRAIN: Go ahead, sir.
MR. WHITE: Thank you.
I believe -- and I don't want to interrupt Mr. Rodinsky's
comments.
CHAIRMAN STRAIN: His comments were finished. I was
going to have you provide this in conclusion, but since it's been asked
now, why don't we just get it on the table and get past it.
MR. WHITE: Okay, hopefully we can.
The easement in question -- let me just start with a general area
View.
MR. RODINSKY: You had a really clear map before of it that
really showed it from the beginning.
This is Basik Road. This is the flea market, and this is the
easement road, which is right on the other side of the flea market is in
here. But this is Basik Road that comes down in here.
MR. WHITE: In fact, Basik is a little bit further to the west, I
believe.
COMMISSIONER SCHIFFER: I mean, essentially--
MR. WHITE: If I can just point--
MR. RODINSKY: This is the parking lot --
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CHAIRMAN STRAIN: Mr. Rodinsky, both people cannot be
speaking at the same time, so you've got to let Mr. White finish, then
you can go forward. This is a little abnormal, but we'll try to get past
the question.
MR. WHITE: As you can see by the pen, this is Basik Drive
shown on the general aerial view. The easement in question, I
believe, that Mr. Rodinsky is referring to aligns along this property
line here.
The reason why the FDOT and the county I think concurs that
an access point is not allowed where the easement is is quite simply
because of intersection spacing requirements. I appreciate the
enthusiasm and support both for the project and the request today, but
I think the regulations as they exist preclude us from being able to do
as Mr. Rodinsky desires. Although we may want to do so ourselves.
As you can well imagine, the dece1lanes, other access points to
cross the median, are ones of great concern to FDOT. And as
recently as today as to Basik Drive our understanding is as part of the
consortium discussions that we will have at least a left turn into Basik
Drive for the eastbound traffic on U.S. 41.
CHAIRMAN STRAIN: Mr. White, can you address any
comments that Mr. Rodinsky made concerning the use of that
easement as an emergency entry or exit only for the residents up in
that area or -- he had alluded to that. I'm just wondering if you know
anything about it.
MR. WHITE: I'm unaware of anything that relates to it, other
than to the extent we have agreed to commit to essentially a gate
across our access to Trinity Place. The graphic shows kind of here
where that's anticipated to occur.
And I'll go back to the general view and show that the area
where Mr. Rodinsky and the other 13 or so homes going in a more
northerly direction are all along and get their access from Trinity
Place here on u.s. 41.
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So I'm not sure how the easement, which I indicated is here,
plays into the discussion about Trinity Place at all.
CHAIRMAN STRAIN: Is that easement on a section line; do
you know? If it is, it might be the typical section line easements that
occur all over the county, and they're either -- they're not necessarily
for just emergency, they're basically public easements that have been
routinely vacated when other locations have provided relief to those.
So I don't know if it's a section line easement, but if it is that could be
why --
MR. WHITE: My recollection is that it is a private easement.
It may have been --
CHAIRMAN STRAIN: You'll have to use the microphone if
you're going to speak, sir.
MR. WHITE: Just one moment.
MR. RODINSKY: It's a utility easement.
MR. WHITE: To the best of my recollection, because I have
looked at this, but it was a number of years back, it may have been
possible to be used for a public road, but I think it essentially is
intended to serve the private landowners that abut it.
CHAIRMAN STRAIN: Thank you. Are there any other
questions on that issue for the planning commission?
Mr. Schiffer?
COMMISSIONER SCHIFFER: On that issue, no.
CHAIRMAN STRAIN: Okay. Any other questions ofMr.
Rodinsky before we go to the next speaker?
COMMISSIONER SCHIFFER: Just a question. He mentioned
the word arena -- nothing -- what do you mean by that?
MR. ROOINSKY: Well, an 800-person arena they're going to
have there. Do they call it an arena or is it a -- what do they call it?
COMMISSIONER SCHIFFER: I don't know, it's the first time
I've heard of it.
CHAIRMAN STRAIN: Brad, that is -- I think that may be
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more better addressed to staff if it's a use issue rather than --
COMMISSIONER SCHIFFER: Well, he used the word. Ijust
wondered --
CHAIRMAN STRAIN: I know--
MR. RODINSKY: For parking. You know for -- you've got an
800-person arena, they're going to use that for parking too, along with
the flea market. And that was a part of it.
And the last question is, is with this easement we have a right to
a secondary road on this easement. Can Mr. Basik put up a gate
across this easement?
CHAIRMAN STRAIN: I think, sir, you ought to ask a legal
counsel of your own or county staff that question. It's not a matter
that this board can decide upon or we have the background of the
easement to give you that answer.
MR. RODINSKY: Okay. Thank you very much.
CHAIRMAN STRAIN: Thank you, sir.
The next speaker, Ray?
MR. BELLOWS: Edward Cassetty.
MR. CASSETTY: Yeah, my name is Edward Cassetty. I live
on Trinity Place. I'm not going to get into the easement thing,
because that's another issue.
But as far as the parking up there, I think it's very, very
important. The only thing that I'm questioning of is to make sure that
this gate is closed at all times, because the issue that I'm thinking
about, if you go over on State 29 over there, where we spent tons of
money, our money, you look at those gates over there sometimes, I go
through there quite often, and those guys leave those gates open and
the panthers that we're supposed to be protecting, they could just walk
right through those things and go right out on the roads.
Are these gates -- is there a penalty for leaving these gates open
or whatever? Who's responsible for locking them and what kind of
locks are we going to be putting on them?
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Because Trinity Place up there, if you leave a gate open, you've
got people coming through there and somebody sees that gate's open
they're going to go through there. Monkey see, monkey do. That's
the way people are. I know. I've worked employees, I know how
people are.
And that's my main issue on the thing. Because Trinity Place,
we don't have a turn lane up there. That's 60 mile an hour speed limit
on that road up through there.
And when they went through there -- I'm hoping that we get the
thing four-laned before long, and if they do, they hopefully put a turn
lane for us. Because you're taking your life in your hands every time
you turn in and out of there, the way those people drive up through
there. Because if you put a turn lane in, that's a passing lane to those
people out there.
And I don't have any qualms with the flea market, because I
think they're doing a good job putting buildings up. They look nice.
And it's going to be a plus for our neighborhood. Do the thing right,
everybody work together, I think we can have something nice up
there.
We do need to get the issue straightened out as far as the
easement back through there. And we all work together, we can get it
done. There's a lot of things that need to be worked out and we got
to work it out manly and then in a proper fashion.
So that's basically what I've got to say about the whole situation.
Thank you, gentlemen.
CHAIRMAN STRAIN: Thank you, sir. We'll get your
question addressed during Mr. White's conclusions here today.
Next speaker, Ray?
MR. BELLOWS: Frank Morrison.
MR. MORRISON: Good morning, Commissioners. My name
is Frank Morrison. I've been a Collier County resident for 15 years.
And I wanted to put a positive spin on this discussion today, because
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it's -- this market and the plan that the Basiks have for the east side of
Naples and the county in general is going to provide the opportunity
for over 200 small independent businessmen to have a business of
their own and have a low overhead.
And in this economy that we're in now, it's really important that
opportunities are given to small business people. And so this is going
to be a fantastic development.
And you've heard even from neighbors that live nearby, they're
in favor of it. And certainly parking is an important issue when
you're going to have the kind of business and opportunities that are
going to be brought into the county. Thousands of people, that's true,
will be coming into Collier County just to go to this market. It's
going to improve the whole economy of Naples and Collier County
and the east side.
And as you know, the east side is really growing. It's a
wonderful thing. I've been living in Lely Country Club for 15 years,
and it's really neat to see that now they're starting to notice the east
side of town, and we're really happy about it.
So I just wanted to put a positive spin on it, because it really is
going to be a major contribution for not only 200-plus new business
people but also for the community in general.
And I appreciate the opportunity to speak with you this
morning. Let's get the parking situation figured out. I think it will be
a big improvement. Thank you very much.
CHAIRMAN STRAIN: Thank you, sir.
Ray, next speaker?
MR. BELLOWS: Chris Tomin.
CHAIRMAN STRAIN: Is he our last speaker?
MR. BELLOWS: Yes.
CHAIRMAN STRAIN: Thank you.
MR. TOMIN: Good morning. My name is Chris Tomin, and I
run the business at 195 Basik since '04. And I've watched this place
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develop over the years, and I'd like it to continue to develop. There's
a lot of opportunity for the locals in that area, and I'd like to see the
thing get approved.
CHAIRMAN STRAIN: Thank you, sir.
Okay, Mr. White, you had -- first of all, in your discussion I'd
certainly like you to address the nature in which the emergency gates
are controlled onto Trinity Drive.
MR. WHITE: Certainly. In response to the gentleman's
concern, I think it's fair to say that the owners are committed to
providing all the neighbors their phone numbers so that if they see a
problem, they'll address it, the owners will address it.
But the more typical circumstance and the way that this would
work in a regulatory fashion of course is that if a complaint is filed to
code enforcement, this is going to be a condition of approval, I would
assume, for this parking exemption, and it would essentially be a
violation of that condition, and if not remedied in a timely manner
could be prosecuted for code enforcement. And if it repeats,
obviously becomes a very quick turnaround as a repeat violation.
My expectation is we will not have any violations. The gate
will be secured and monitored by the property owners themselves.
I just want to note that I appreciate the support from each of the
speakers as to the requested exemption. If! haven't addressed one of
the concerns in a way that one or more of the commissioners may
feel appropriate, I'm happy to try to do so at this point.
CHAIRMAN STRAIN: Any other questions ofMr. White in
regards to that?
Mr. Schiffer?
COMMISSIONER SCHIFFER: Patrick, on the site plan we're
given, there's a note under the parking calculation that says all
parking shown is excess parking. Is that true?
MR. WHITE: It is excess in the sense that it is beyond what
was required under SDP 2330.
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COMMISSIONER SCHIFFER: But the stealth SDP, the one
we don't see, does it require that parking?
MR. WHITE: Under the LDC we believe that the requirement
is greater, because the standard's different, as I'd mentioned, from the
alternative parking methodology that was approved for the 2330
SDP. So it's fair to say that we're getting closer to meeting the LDC
standard, even though when originally approved we had an alternative
methodology. So I'm not sure I understand the concern.
COMMISSIONER SCHIFFER: Well, my concern is that we
have a series of documents, documents -- you know, in this case this
is a pretty black-and-white fact. Yet I'm hearing arenas, I'm hearing
an allusion to something that there's an additional SDP that this is tied
to, but we have no idea what that SDP --
MR. WHITE: Well, that SOP of course does not authorize any
uses, and any uses that are in it that are a legitimate aspect of the
existing zoning are ones that the parking will be provided for. Mr.
Rodinsky may have been referring to the food court, I don't know.
COMMISSIONER SCHIFFER: Okay. Could I have Willie
answer that same question?
CHAIRMAN STRAIN: Sure. Let's make sure we finish with
Mr. White first, and we'll hold that.
Any other questions for Mr. White?
(No response.)
CHAIRMAN STRAIN: Okay.
MR. WHITE: I'd just simply note that I believe we've
demonstrated compliance with the LOC criteria and would ask for the
favor of your condition of approval. Thank you.
CHAIRMAN STRAIN: Thank you. Mr. Brown?
MR. BROWN: I'm sorry, could you repeat the question?
COMMISSIONER SCHIFFER: The question is that on the
documents we have, on the documents showing the parking layout it
states that all parking shown is excess parking, i.e., not required. Is
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(1'..
that a true statement?
MR. BROWN: That is a true statement. As Mr. White pointed
out, in the original SDP A 2330, in the lot across Basik Drive and the
34 spaces directly in front of the building, with those spaces, those
existing spaces that were approved on the original SDP, they meet the
minimum parking requirement.
So the parking adjacent to the proposed flea market building, for
which we're here today for the parking exemption, these are all, all
355 spaces are excess parking.
COMMISSIONER SCHIFFER: Based on the approved
existing SDP. There's an SDP that's been applied for?
MR. BROWN: There's an SOPA.
COMMISSIONER SCHIFFER: Is that a true statement with --
I mean, because here we're playing with a technicality on where the
SDP is in the process --
MR. BROWN: The SDPA was not a part of my review. It's a
separate part of the planning division, another planner's reviewing
that one, and it in no way impacts the parking exemption before you
today. That's -- at least that's the way I was told to look at it.
COMMISSIONER SCHIFFER: So that if we approve this
today, that statement can't go false, because that's the statement you're
giving us to approve it.
CHAIRMAN STRAIN: Mr. Brown, let me ask you something
that might help clarify it. An SDP was submitted for the flea market,
it was approved and under construction.
MR. BROWN: Correct.
CHAIRMAN STRAIN: They now have come back in and they
want excess parking across the street. They submitted a SDP A then to
amend the original SOP that was for the flea market.
MR. BROWN: You're correct.
CHAIRMAN STRAIN: The additional parking across the street
is in excess of what was needed for the original SDP, but it is the
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subject of today's meeting. And it only applies -- the A is only
referencing -- the amendment is only referencing the additional
parking they're requesting here today. Is that a fair statement?
MR. BROWN: I hear what you're saying. I did not analyze the
SDPA. But in terms of what's been approved, the parking exemption
is for excess parking only. The SDPA does not come into play for
the parking exemption, because it's not yet been approved.
CHAIRMAN STRAIN: Right. But what I'm trying to get clear
is that the SDP A that Brad thinks is the elusive SDP A is only to
match the parking request that's here today. And if you don't know
that, I guess you can't answer it. It seemed logical, but I understand.
MR. BROWN: Am I missing something, Ray?
MR. SCHMITT: I believe that's correct, your statement, Mr.
Chairman. I would have to confirm that with either Ross or someone
who is reviewing that. But the scenario you just painted seems to be
the most logical.
CHAIRMAN STRAIN: Mr. White, are you familiar with the
SDP A that's in the system now?
MR. WHITE: Yes. In fact, the SDP A also is intended to
address other site planning issues. For example, we have a South
Florida permit already, and in fact it is anticipated that the
impervious area that this represented is something that has been
considered as part of that South Florida permit.
So we're looking to align the various levels of review between
the county, South Florida, and as an administrative review all of these
concerns will be addressed.
CHAIRMAN STRAIN: Understand. Does that get you--
COMMISSIONER SCHIFFER: No, I still don't -- let me ask
Willie a question and put this in -- let's try to do this yes or no.
When the new SDP is approved, will the statement on the plan,
all parking shown is excess parking, be true?
MR. BROWN: That will be a determination the planner
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reviewing the SDP A will have to make. It's not a part of my --
COMMISSIONER SCHIFFER: What ifhe makes the
determination that that's not true, then where do -- I mean, we're here
today to look at excess parking, purely excess parking.
MR. BELLOWS: For the record, Ray Bellows.
It's not excess parking, per se. It's off-site parking. The petition
is a parking exemption and it's for off-site parking in an agricultural
zone. Whether it's in excess or less than or to help the project meet
the minimum parking requirements will be determined as the current
SDP amendment is reviewed and approved.
COMMISSIONER SCHIFFER: Okay. I know why we're here,
I'm just taking data off of the thing, and the data has to be true.
MR. WHITE: Ifit would help move us forward today,
Commissioner Schiffer, we'll be happy to strike the word excess and
just indicate, as Mr. Bellows says, that it's off-site.
I don't want to get us hung up on what may be technically
correct and true today that might change based upon the actual
approval being granted for the parking exemption by the board, and
then as part of the review of the SDPA actually have changed.
So in order to be consistent with the facts in both circumstances,
we're happy to change it from excess to off-site.
COMMISSIONER SCHIFFER: So the answer to my question
is maybe yes, maybe no. It is a yes or no answer.
MR. BROWN: In an effort to not go into detail about what's in
the SDP A, because it's changing, it's not yet been approved, for
purposes of to day's meeting the adjacent site for the parking
exemption is off-site parking and/or excess parking, however you
want to look at it.
COMMISSIONER SCHIFFER: I just think that this package
would have been probably better if it showed us what the intent of the
project really is. And since they have another SDP, they have a
different intent than the one that's given to us.
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MR. BROWN: It was the purpose in presenting you that
information without going into any detail about the SDP A. And
perhaps we shouldn't have mentioned the SDP A at all because it has
no bearing on the parking exemption.
COMMISSIONER SCHIFFER: I think perhaps you could have
shown us it, but that's -- let's move on.
CHAIRMAN STRAIN: Are there any other questions on this
issue today?
(No response.)
CHAIRMAN STRAIN: Okay, with that, we'll close the public
hearing and entertain a motion. Is there a motion?
I have to abstain from the vote so somebody's got to make the
motion.
Mr. Murray?
COMMISSIONER MURRAY: I'll make a motion, which I'll
ask my fellows to enhance if they find other things that I may have
missed.
CHAIRMAN STRAIN: Mr. Murray, would it help if I read
some notes that I made before you made the motion--
COMMISSIONER MURRAY: No, I have some -- well, it
certainly would help, but let me cast the motion, because this is a
crafting process.
I would make a motion that the parking exemption be -- do we
have the last word on this, by the way? We do not, do we not, this is
to the BCC?
CHAIRMAN STRAIN: Yes, recommendation of denial or
approval with stipulations to the BCC.
COMMISSIONER MURRAY: I recommend approval of the
parking exemption under PE-2007-AR-12164, Naples Big Cypress
Market Place with IS-foot buffer along Trinity Place and notation that
valet parking may be utilized and that signage will be provided. And
in the use of personnel, should they use county staff, meaning
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deputies, that payment will be made to the county for those
individuals.
Ifthere are any other additions, I'd be happy to entertain them.
CHAIRMAN STRAIN: Well, first, Mr. Murray, we need to get
a second.
COMMISSIONER MIDNEY: I'll second.
CHAIRMAN STRAIN: Motion's been made and seconded by
Commissioner Midney.
Now we can get into discussion. And you had made three
stipulations. So everybody knows what those are, one was for valet
parking being, did you say, allowed?
COMMISSIONER MURRAY: Yes, being permitted.
CHAIRMAN STRAIN: Ray, if that's an accessory use, isn't
that already permitted?
MR. BELLOWS: Correct.
COMMISSIONER MURRAY: Okay. Then I withdraw that as
-- that piece.
CHAIRMAN STRAIN: And it's -- also said signage. Isn't
signage already required?
MR. BELLOWS: That's correct.
CHAIRMAN STRAIN: Do you want to leave that in, since it's
COMMISSIONER MURRAY: Well, the signage that I was
attempting to reference would have been directly related to the
movement of vehicles.
Now, if that's also in there, that's fine, we can withdraw that.
CHAIRMAN STRAIN: Mr. Murray, here's what I don't want to
happen at this board -- I'm not criticizing your motion.
COMMISSIONER MURRAY: I hope not.
CHAIRMAN STRAIN: Stevie Tomatoes, there was some
language there that was not as clear as it should be, that should taught
us all a lesson. So I will ask any member making a motion with
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stipulations that the stipulations, if they're vague, we define what
signage, what issue in the stipulation we're referring to.
COMMISSIONER MURRAY: Mr. Chairman, I truly
appreciate that, but this is a crafting process, and not everybody is
able to be very precise in the first instance, so I would appreciate that
if we're going to do this we can help each other to make a more
effective -- and I appreciate your contributions, certainly.
CHAIRMAN STRAIN: Okay, then let's go back to the signage
stipulation that you asked for. What specific signage do you feel
needs to be added to the project so that the applicant knows if it's
above and beyond the code. I f it is the code, we don't need to have it
as --
COMMISSIONER MURRAY: I'll answer you by saying that
Mr. Bellows indicated that that would be taken care of, so I withdrew
that.
CHAIRMAN STRAIN: Okay. And your third stipulation was?
COMMISSIONER MURRAY: Well, I remember the IS-foot
buffer along Trinity Place, which Commissioner Caron had indicated,
which I thought was good.
CHAIRMAN STRAIN: Okay. Now, I had written other
stipulations.
COMMISSIONER MURRAY: And the payment for Sheriffs
deputies to the county.
MR. BELLOWS: For the record, does that include staff
conditions listed on the --
COMMISSIONER MURRAY: That would include staff
conditions.
CHAIRMAN STRAIN: The payment for the Sheriffs deputy,
can the Sheriffs deputies be brought out there without payment?
MR. BELLOWS: I'd have to look into that. I'm not aware --
CHAIRMAN STRAIN: I'm not aware of it either, since--
MR. SCHMITT: That's not an LOC issue. It really is an issue
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November 1,2007
ifthey're off duty. And that's certainly a contract between Mr. Basik
and the Sheriffs Department. It's something that he would have to
take care of without any regard -- it's not an issue --
COMMISSIONER MURRA Y: That's implausible then. Then I
withdraw that.
CHAIRMAN STRAIN: Okay. So now we have a motion. The
remaining stipulation is the IS-foot buffer along Trinity Place. And I
believe it was supposed to be a type B. Is that an affirmative, or was
it a Type D?
It was to match the one along U.S. 41.
MR. BELLOWS: I believe that would be a Type D along the
roadway.
CHAIRMAN STRAIN: Type D. Okay.
The other comments I heard mentioned was to limit the
oversized area to non-semis, meaning buses or R V's, but no semis.
COMMISSIONER MURRAY: Good catch.
CHAIRMAN STRAIN: That the Trinity access is an
emergency access only, and it's to be gated.
That the correct number of oversized spaces is shown at 17 and
is to be stated as 17, not 34, as the conflict on the plan.
And that they were to strike the language that referred to excess
parking spaces and replace it with off-site parking language that is
referenced.
And that the stipulation also includes staff recommendations.
Mr. Kolflat?
COMMISSIONER KOLFLA T: On the oversized automobiles
-- oversized vehicle issue, didn't we also discuss the possibility of the
egress into the slot as far as parking and a turnaround?
CHAIRMAN STRAIN: Well, they wouldn't be able to get
permission to put the slips in there without that issue being addressed.
COMMISSIONER KOLFLAT: So there's no reason to
stipulate it.
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November 1,2007
CHAIRMAN STRAIN: No. It's part ofthe code. They're going
to have to provide that to begin with.
Those are the stipulations that I wrote down. We also have the
Trinity -- the buffer, which Mr. Murray had stated.
Does the motion maker want to accept those stipulations or
modify them?
COMMISSIONER MURRAY: Yeah, I'll accept them. I
thought that the issue of the gate was included in the staffs
recommendations on Trinity Place. Perhaps I'm in error on that one. I
thought that was -- nevertheless, it's certainly applicable, so that can
remain, even if it were redundant.
CHAIRMAN STRAIN: Does the second -- so you accept the
stipulations, Mr. Murray?
COMMISSIONER MURRAY: I do.
CHAIRMAN STRAIN: Okay. Does the second accept them?
COMMISSIONER MIONEY: (Nods.)
CHAIRMAN STRAIN: Mr. Midney, yes. Any others?
(No response.)
CHAIRMAN STRAIN: All those in favor of the motion --
MR. BELLOWS: Mr. Chairman?
CHAIRMAN STRAIN: Go ahead.
MR. BELLOWS: I just would like the planner to repeat all the
conditions, just so he's clear on them.
CHAIRMAN STRAIN: That's a good idea.
MR. BROWN: In addition to the conditions of approval
proposed by staff, I have that a IS-foot Type 0 buffer shall be
installed along Trinity Place.
We struck payment for Sheriffs deputies to the county.
CHAIRMAN STRAIN: Why don't you tell us what you've got
instead of what's struck.
MR. BROWN: Oversized spaces shall be limited to buses and
not semi trucks. And excess spaces, as shown in the staff report, shall
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be changed to off-site parking.
CHAIRMAN STRAIN: Well, there were a few others.
Go ahead, Ms. Caron.
COMMISSIONER CARON: Well, you missed that they need
to change the plan to reflect that there are only 17 oversized spaces
involved, not 34.
MR. BROWN: Okay, anything else I missed?
CHAIRMAN STRAIN: Well, the Trinity exit is emergency
access only.
MR. SCHMITT: That was in the staff --
CHAIRMAN STRAIN: Was it?
MR. BROWN: It's in the conditions of approval.
COMMISSIONER SCHIFFER: Question.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: The intent on the Type D
buffer. Type D buffers are based on the right-of-way width. Is it the
intent that that buffer be built as ifit were a right-of-way equal to 41?
CHAIRMAN STRAIN: Yes, that was what my understanding
of what the applicant said. I see them nodding their head yes, so I
think that would be the affirmative.
COMMISSIONER SCHIFFER: Then make that clear.
Otherwise it would be the smaller buffer.
CHAIRMAN STRAIN: Mr. Klatzkow?
MR. KLATZKOW: Just for clarity, the oversized parking you
said would be for buses. Does it also include RV's?
MR. BELLOWS: That's correct.
CHAIRMAN STRAIN: Yes. I had said that. I was going to
bring that up before we finished the discussion. Thank you, Mr.
Klatzkow.
So the stipulations have been stated earlier. They were kind of
restated by staff. We just discussed them again.
Is everybody clear? Is the record clear on the stipulations?
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MR. WHITE: Patrick White.
Just Mr. Klatzkow's point. I think that the form of the
stipulation, Mr. Strain, that you made was that it was one that was
prohibitory, not what it was going to allow. It was going to prohibit
semi tractor-trailers.
CHAIRMAN STRAIN: It was. And the way I worded it was
that limit the oversized spaces so that -- limit the oversized spaces not
to be used by semis. That was the statement.
Is that in agreement with everybody else?
COMMISSIONER MURRA Y: Yes, that would allow all
others.
CHAIRMAN STRAIN: Right.
MR. WHITE: Right. I didn't want to try to define the set
including park models and who knows what all else.
COMMISSIONER MURRAY: Yes.
MR. WHITE: Thank you.
CHAIRMAN STRAIN: Okay. So now we're limiting
oversized spaces so that semis are not allowed; the emergency access
on Trinity Drive; reducing the oversized space number to 17, or
leaving it at 17; having a buffer along Trinity Place at the Type D
buffer, like there is on U.S. 41; strike the word excess and replace
with oversight (sic); and accept staffs recommendation. That's as
clear as I think I can get it.
Everybody in favor of that motion as stipulated, signify by
saymg aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Anybody opposed?
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(No response.)
CHAIRMAN STRAIN: That's six in favor, one abstaining. Let
the record show that I abstained from the vote.
Okay, with that we'll conclude that issue. We'll take a break for
IS minutes, be back at 10:20 and resume with floodplain
management.
(Recess.)
CHAIRMAN STRAIN: Okay, thank you.
(Mr. Eastman is present, representing the School Board.)
CHAIRMAN STRAIN: We did have a petition that was
previously noted for continuance on our agenda, just so everybody
knows, if they're watching, or anybody in the audience, Petition
RZ-2006-AR-I0422 had been continued to 11115/07.
Item #8D
2008 FLOODPLAIN MANAGEMENT PLAN
So with that, the next item on the agenda is the 2008 Floodplain
Management Plan. I think staff is here to provide a presentation on
that.
MR. WILEY: Yes, sir. Good morning, Commissioners. For
the record, my name is Robert Wiley, with the engineering and
environmental services department.
We're going to be presenting to you this morning a Power Point
presentation to go over some of the highlights of this thick document
that you received from us. There's a lot of work that has been put
into it.
The current staff you see sitting here, we have Ray Smith, he's
with the pollution control department. He is the chairman that was --
that's part of the floodplain management planning committee. That is
a group of 23 individuals, half of it citizens, public, half of it staff.
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And then you have three members of it from each municipality,
which we'll get into that. So he's the chairman heading it up.
Mike DeRuntz is the planner. Underneath the requirements of
FEMA and the community rating system program, we have to have a
planner who actually prepares the document.
And then I'm the staff engineer working as a coordinator to keep
this thing rolling.
So if we could get into our presentation this morning on the
floodplain management plan.
Why are we preparing this floodplain management plan? We
have an existing plan that was produced in 2004. Every so often, a
minimum of every five years we have to go over it, revise it, edit it,
so we took the opportunity to pull together a large community effort
in this one. But it's a requirement of the community rating system.
Now that's a special program that we are in through the flood
insurance program that allows Collier County citizens to receive a
discount on the flood insurance premiums. And basically it's a
program where when you exceed the minimums, the more you exceed
the minimum requirements of the flood insurance program the more
discount they are willing to give you.
It's designed to protect the county residents' safety, health and
welfare from flooding dangers. And when we're talking about
flooding dangers, right now the flood insurance rate maps, when
someone says what flood zone is my house in, that's strictly based
upon coastal surge flooding.
So you'll understand that there is also the issue of
rainfall-induced flooding. Those are not shown on the current flood
maps. That is what is a separate issue that we are working to develop
is a combined rainfall plus coastal surge flooding.
As we look at the flood insurance program, it's federally-backed
flood insurance. Your home owners policy does not cover flooding.
It encourages communities to enact and enforce floodplain
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regulations.
One of the things about flood insurance is if you have a
federally-backed mortgage and your property is within a flood zone,
designated letters A or V, it's mandatory that you have flood
insurance, unless you're able to show that your house is individually
above the base flood elevation. That means the ground around the
house. And then you can go through a process to exempt your
property out. But that's not a real common thing to have happen for
most properties.
The community rating system is, as we just said, an incentive to
help communities do more than the bare minimum. The idea being to
minimize the amount of damage that a community would receive
from flooding. It doesn't say it prohibits development within a flood
zone, but the development that is coming forth is done so in a manner
to minimize flood damage.
Principally it's used for elevation, is one of the primary uses.
You just raise the structure up. And that's the base flood elevation is
the minimum floor elevation for the house then.
There are 10 rating system classes. Weare rated a class seven,
which gives a IS percent discount on the premium rates for those
people in the flood zones that start with the letter A or V. Now if
you're in an X flood zone, you can still purchase flood insurance, but
you're only getting a five percent discount. But it's already a
discounted rate.
Our goal is to obtain either a class six rating or a class five
rating. And we are very close to achieving those right now. Revising
and rewriting the floodplain management plan is just one tool in this
whole tool box that the flood insurance program provides through the
CRS program to let you achieve point ratings with them.
So let's go through the four key components that are required to
be in a floodplain management plan. You have a planning process, a
risk assessment process, a mitigation strategy, and a way to maintain
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the plan once you develop and adopt it.
So starting in the Phase I planning process, we're required to
have a particular section of the plan that shows how it's organized,
how involved the public, and how we coordinate with other agencies.
So this is the committee that we were just talking about,
23-member committee. This was approved by resolution of the
Board of County Commissioners. The resolution authorized the
county manager to appoint the people do it. We advertised, we asked
for people who were interested in serving on the committee to submit
resumes and information about themselves.
Those citizens that you see there, starting with Phillip
Brougham and going through Marlene Wood, are the citizens that
were appointed by the county manager. County staff were positions
that were appointed directly by the county manager to spread out
among the various departments that we are required to at a minimum
include on a planning level effort. And then you see one
representative from each of the three municipalities. And then on the
corner is me. I'm the staff coordinator. I'm not a voting member of
the committee, I just get to keep the things rolling here.
Involving the public was one of the big issues of this planned
development. We spent a lot of evenings out throughout the
community having special meetings. We had IS regular meetings,
one special meeting for agencies to put information that they had in
their knowledge into the plan, a special interest group meeting. So
there's been a lot of effort done.
This map shows you how we spread out throughout the county
and the dates on which we had the evening meetings.
Now, I will say that the attendance at the evening meetings
varied greatly. We went from an attendance of one up to about 50,
just dependent upon the location, what was else happening that night
and the amount of advertising that the people were able to receive.
Information we received from them was really, really helpful in
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many situation here. The agencies that we contacted, we made
e-mails, we made telephone calls, through the regular mail, even sent
return receipts, because we weren't getting much response from them.
We wanted to make sure these people got this information.
So you see the agencies that we contacted there, the special
interest groups. There was a big list of people. Here's the bulk of
what you see that we contacted. Again, some people responded,
some did not.
As we get into Phase 2 of this report presentation, one of the
first things that you have to do is go out and tell them exactly what
kind of a flooding problem you do have. So we got staff together.
Staff consisted of engineering department staff, Big Cypress Basin
staff, the storm water management department staff.
We used information that we had in the GIS from known
flooding events, got from the Sheriffs Department, anywhere we
could gather information, emergency management was involved with
it, to begin to locate on the map areas that we knew had had flooding
problems in the recent past and as far back as people could remember.
We did that through the hazard assessment and the problem
assessment phase of the program. That report that you have in front
of you, it's over 800 pages. The bulk of the document is in that
section. Because some people called it boilerplate, but that's really
the documentation behind locations of flooding, proposed objectives,
goals, policies and the action plan of how we want to address
flooding issues in the future for the county.
Now, by the way, this plan, once we put it together, we have to
keep evaluating it. It's sort of like the Growth Management Plan, it's
on a cycle at least every five years. So this becomes basically a
living document that annually will get revised and we have to also
report on it.
For a mitigation strategy, we came up with a set of goals. We're
required to review some activities that we can undertake to begin to
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achieve those goals, and we had to draft an action plan. The actual
action statements that we intend to do in this plan to make sure that
we're making the community as safe as we can for the hazard of
flood and protection of flood damage.
The two goals that we have are on the screen before you:
Reduce flood exposure and minimize flood protection efforts.
And then goal two: Minimize the flood hazards, protect water
quality countywide by employing watershed-based approaches that
balance environmental, economic and engineering considerations.
Keep in mind goal two follows right along the requirements of
what's in the flood insurance plan -- or flood insurance program.
We are looking at it not just from a volumetric standpoint but
also FEMA wants us to address water quality consideration, and
environmental. One of the big issues they have is making sure you
leave open space in the floodplain open so it can continue to act as a
reservoir to temporarily detain and store the water so that you don't
raise the water levels up onto someone else and pass it on.
Out of the goal one strategies, we had 12 objectives. They're
listed in a shortened form for you here, just sort of like a bulletized
version of them, to show you the various areas we were really
focusing on.
Repetitive loss is the big issue with the flood insurance
program. A repetitive loss structure is one that has filed multiple
flood insurance claims that exceed $1,000. And that has a time
frame to it within any 10-year period.
We currently have 31 structures in Collier County that are
repetitive loss. We had 32 as of May of this year. One of them was
demolished. And that one was our only severe repetitive loss
property, which had, I think, six or seven flood claims against it.
More claims have been filed against the house than the house is even
worth throughout the long-term period. Here we're talking about
over a number of years.
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And so that one is now demolished. The owner sold, the new
investor bought it just for the property, demolished the house. So we
were able this year to have that one removed.
Our goal ultimately is to get them all removed. You remove
them by mitigation to either raise the house or whatever it takes to get
the house so it doesn't flood again, it's above the base flood elevation.
We'll see how that goes, as we have 31 more to go.
But we are talking about environmentally sensitive lands and
aquifers. Compatibility is a big issue between the Growth
Management Plan, the Land Development Code and the ordinances.
We're talking about addressing flooding issues.
Flooding, evacuation plans, coastal dune issues, protecting the
dunes primarily because of their ability to reduce the amount of
coastal flooding that comes in. A good example most recently would
be what everyone's aware of with Katrina.
Up in Biloxi years ago when Camille came through, they had a
lot of flooding. They put in what they considered would be good
coastal protection, said this will take care of the next hurricane, the
big one that comes in. However, when Katrina came in, it swept
across and just kept on going.
So even though you plan for it, this doesn't mean you're going to
prevent flooding. But they planned the best they knew how at the
time.
So as I said, coastal dunes are very important, and protecting
them helps to protect the inland portion of the county from the surge.
Acquisition of conservation land in the floodplain. We talked
about that. There's an objective to promote development compatible
with sensitive and coastal land resources. It's not saying stop it but
make it compatible.
Adequate emergency procedures for catastrophic floods,
addressing incremental surface water impacts to the county,
minimizing flood impacts within those flood zones, these special
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flood hazard areas.
Updating the flood maps is also an objective for us to keep that
effort going. And enforcing construction requirements and avoiding
deliberate variances. That one seemed to be a good one with the
committee. They really thought we should avoid deliberately
producing a variance for our whole purposes of don't let someone
vary just because they want to. Because they'll sell that property one
of these days, and that new owner then faces a potentially serious
situation that they weren't wanting to have.
Implementing strategies. We had 18 policies out of all those
objectives. And you can see how they were basically divided into
groups of six. Three different objectives had the policies attached to
them.
Goal two, implementing strategies. There were 10 objectives
developed for that one. You can see them listed here. We can go
through them individually if you want to, but you can read them
ahead of you here. And we'll get into this a little bit later here.
But the five policies that were coming out of those objectives
for goal two, again, we had groups of two policies underneath one,
groups ofthree policies underneath another objective.
And the policies, interesting how you look here for goal two,
addressing storm water runoff on water quality and public health and
then issue open space and natural resources. So you begin to see the
focus of goal two is slightly different than goal one, as far as
addressing the environmental side of the flood insurance program.
Then we started reviewing the possible activities that we could
do. There was a big push throughout the committee's effort and the
citizens to have an increased emphasis and effort on maintenance of
the stormwater facilities that are out there, both public and private.
You can design the best system you want, but if you don't
maintain it on a continual basis, it will begin to fail. And that was
where we noted most of the flooding. It occurs in the older
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developments as maintenance begins to not occur and they begin to
diminish in their capacity.
There's also an activity to continue the use of development
practices and standards to reduce flooding risks and correct known
problems.
And then the third possible activity dealt with all those public
meetings we had. We had citizens come out and we asked them to
fill out a brochure. And as they did so, we asked them, where have
you seen flooding? Have you seen it get somebody's house? Have
you seen a well go underwater? Give us some address, some
locations, what would you recommend we do.
And some people took the liberty, and we're thankful for it, to
really give us some good comments. It was not a bash your county
staff, bash your county government, this was people with real serious
concerns.
So we looked at that as a possible activity, emphasized
correcting the problems that we had identified for us by the citizens
living out there and experiencing them.
Then we went to draft an action plan. Now, the action plan, you
have a set of guidelines within the CRS coordinators manual. You're
told, address these specific areas. So we used that as a guidebook.
We put together the action plan, also coordinating it with the goals,
objectives and policies within the plan. And here's the action plan
broken up for you in a series of slides.
Under preventive activities, now, keep in mind you'll see where
it says preventive activities, that's the first of six categories we have
to address. So we'll go through these slides here.
Under planning and zoning, we talked about incorporating
smart growth criteria. Smart growth, planning growth so it is
flood-wise is one way to think of it. Amending the Land
Development Code to require a special flood hazard area overlay on
the zoning map. This was thought to be a good thing so people
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ahead of time know in your zoning maps what area you're getting
into. Instead of having to go to a separate map, just put it all together.
And it can be done through our GIS system.
Stormwater management activities. We're looking to establish a
maximum allowable discharge rate for the Belle Meade area. The
study's already been done. It identified a maximum allowable
discharge rate as a recommendation to be incorporated, which we
have in six other basins throughout the county. So we will be going
forward through the ordinance revision process to do that, to fulfill
the action plan item here.
Also, as said, under stormwater management, develop a series
of watershed management plans. That effort has already been started
also through the Growth Management Plan requirements. So we're
working forward on all these.
Open space preservation. We'll talk about that just a little bit
later.
But floodplain regulations, making sure we coordinate the
activities through the county's budgetary process. The committee
thought there was a really strong need to coordinate this whole
concept of floodplain management into the county's budget process,
its capital projects, to make sure things are addressed accordingly and
not tend to be ignored off to the side.
Under the floodplain regulations, also evaluate amending the
flood damage prevention ordinance no less than once every two
years. Now, we're getting ready to come in with revisions in 2008,
but they want us to look at it, what have we learned, to go from year
to year and evaluate it, definitely the committee no less than once
every two years.
Building codes, look for ways to make the county more resistant
to flood damage.
Under the drainage system maintenance, stress having
bi-monthly meetings with the Big Cypress Basin to coordinate
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maintenance with the county. We've talked about this for a long time
but it never seems to bear fruit. So the committee said put this in the
action plan to make sure you do it.
Also address specific problems that were identified. We already
talked about that.
Dune and beach maintenance. We have a proactive program
already going. They said continue it, keep it up, don't back off.
Because maintenance of that dune and beach is very important to cut
down the amount of coastal surge damage that you have.
Under property protection activities, some of these you'll notice
we say there's no activity. We really did not come up with a plan for
relocating someone's house out of the floodplain, because the
floodplain covers so much of the county . We don't have a small
riverine area where we can simply move up on the side of the hill.
We don't have the hills around here. So that one did not seem to fall
within any parameter that we saw as being viable to have someone
just pick their house up and move it somewhere else.
Where are you going to move it that it will still not be in the
floodplain? So retrofitting did appear to be, though, a very good
concept. Basically elevating the house, whatever it takes to make the
house resistant to flooding.
But to do so quite often requires people to go get a grant
through FEMA to help them with the cost. And to get the grant
through FEMA, you have to have some upfront monies that most
people who have the houses that are the older, lower-lying houses
don't have the money to raise them up in the first place.
So they looked at the concept evaluate a local
government-funded loan assistance program for the repetitive loss
properties. Keep in mind they limit it to repetitive loss. That means
that there's 31 of these structures throughout the county that the
committee wanted us to look at to consider having a loan. It's not a
grant, it's not to be given to them and never recovered, but a loan
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system offered to people to help them meet that initial upfront monies
they have to have for matching participation with FEMA.
Under the acquisition activity, evaluate the concept of a loan
program to help them even apply for the grant.
Building elevations. The committee really liked the concept of
one foot of freeboard. That means requiring development to have a
minimum of one foot higher than that base flood elevation.
We've already taken that through the planning commission and
the workshop level. We've taken it to the Board of County
Commissioners in a workshop level. Everyone is in agreement that it
is a very good idea.
That also helps us quite a bit on our point score with the CRS
program, just building one foot higher, which, if you talk to many of
the builders, they're doing it anyway. So it's not like it's absolutely
out of this world strange.
Now, sewer backup protection, we didn't see that as being an
activity that we wanted to pursue here, because we don't have the
problem of sewer backups in basements that are in northern
communities. But FEMA's program is nationwide so this is an
activity that we're supposed to show how we're addressing it. We
simply say it's not applicable down here.
Insurance again, because of the requirements they have within
the plan, we did not address any specific issues to change the
msurance program.
Natural resources protection is that third area we had to address.
We're talking about wetland protection, promoting more open space
for floodplain use. Look for lands to buy their open space that are in
the floodplain so we can preserve them in such a fashion.
Erosion and sediment control emphasizes the use of best
management practices, and that's along the lines of also bringing
about better enforcement of best management practices to prevent
erosion at the construction sites and even afterwards.
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Improve the efficiency of these BMPs, the best management
practices.
And for coastal barrier protection, we did not have any. Keep in
mind, our coastal barriers are not the same barriers that people would
have in other parts, particularly the Panhandle where you've got the
big, steep dune area. We don't have that. Ours are very shallow.
We already have some coastal barrier islands, they have
regulations on them. We did not see at this particular version ofthe
floodplain management plan a need to address that topic. Subsequent
years we may, but we did not feel so right now.
Under emergency services, the emphasis there out of the first
two, through emergency services department, emergency
management department is to continue our storm-ready certification.
There's a lot of factors behind that terminology, a lot of requirements
that are met. And we're certified as storm ready. So we're saying
keep that up.
That simple statement carries a lot of weight with FEMA when
you're talking about a flood insurance program.
Under critical facilities protection, discussion has been going
around for a while about what are critical facilities. But basically
we're talking public and private facilities that are identified as
critical, meaning they're hazardous materials areas, they're public
utilities, emergency situations, your EMS, your Sheriffs stations,
things -- substations for power, things that when you have a flood,
you don't want them to fail.
And so the concept there is design them for that 500-year event,
a .2 percent annual chance storm event.
And then under health and safety issues, expand the best
management practices outreach opportunities to get more and more
people starting to look at BMPs.
Under structural projects, we don't have reservoirs, we could not
address that. We don't have levies, floodwalls, seawalls.
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Now, we're talking about seawalls designed to withstand that
one percent annual chance event storm surge, the 100-year event.
We're not talking about the seawall for somebody's dock behind their
house. That will get overtopped. We're talking about the big
massive seawalls, levies such as New Orleans -- let's don't go there.
We don't want to think about that kind of situation here.
Diversions. We talked about how can we incorporate
diversions. We know that there are two diversionary projects in the
thought process right now. One of them, the Picayune Strand, is
more than thought, it's actually in design.
But North Belle Meade rehydration concept of taking a large
volume of water out of the Golden Gate canal, running it south into
the north end of the Belle Meade watershed as it historically used to
go instead ofletting it continue to flow west and into Naples Bay.
That helps from a flooding standpoint, it helps from an environmental
standpoint.
And then the Picayune Strand restoration project, that is
ongoing. That's the building of the canals in south blocks of the
Estates. And so we're working with the District and the Corps on
that issue.
Channel modification. We know we need to make some
channel capacity improvements, so the committee said well, let's put
in here that we're going to try to seek grants to help out as much as
we can on those improvements and also make sure that the
stormwater management departments, capital improvement project
budget is fully funded.
They put lists up there for projects that are needed, then put a
big emphasis out for the Board of County Commissioners to fund
them. And so that's the direction we went with it.
We've already talked about the ongoing beach renourishment
Issues.
Under storm sewers, culverts, swales and ditches, the committee
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wanted us to evaluate the use of slotted pipes. That can be pro, that
can be con, so the effect of it.
The purpose here is to evaluate where the use is appropriate to
try to encourage more groundwater discharge. Actually, you're
perking into the ground. I don't mean that you're draining your
groundwater into the pipe. And that's the situation you have to avoid
because the water will flow both ways through that slot.
And where it is possible to let the water flow out and perk into
the ground, they want us to evaluate that. And it carries some weight
with it. That very concept is what's proposed if they ever wanted to
enclose the swales in Naples Park. That's a permit condition through
the DEP already, and has been for a number of years.
Underneath that same issue, evaluate the benefits of cross-drains
in northern Golden Gate Estates to help restore flowways.
As you know, the Golden Gate Estates is just a patchwork of
roads spread out in a uniform one-mile pattern, so -- or quarter-mile
pattern, I should say. The one-mile long the streets are. But they
produce ditches and dikes to the historical flow of the water.
And so the concept was consider putting cross-drains in to
promote the old flowways again. The more water you keep in the
flowway, the less you have to handle in a ditch or a canal somewhere.
Under public information, which is a big issue with the flood
insurance program, we're trying to get more information out so people
will know where you are, what's out there.
We want us to locate all the existing mobile homes in the
special flood hazard area. That's the A, V, E and VE zones.
And also to put together in the GIS a listing showing the
locations wherever someone has a flood insurance policy, begin to
develop a pattern.
That one's going to be fun to do in GIS, because as ownerships
change you're going to have to constantly keep up with that. But
we'll see how that one turns out.
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But it's a good effort because it lets people know this is the
potential area where you are located for flood insurance, and if we
ever have to do any kind of mass mailings to those people, we would
have that information readily available.
For outreach projects, the committee really wanted us to
continue those evening public information meetings as we go into this
wintertime, people are back down. They want us to keep it up. They
felt we got such good information that they want this to be an annual
program. Get out there. But when you get the information from the
public, follow up with it and implement it.
Also to enhance the floodplain management website, get more
information on that. That's a new website and we're still building on
it. It's available, but basically it's still under construction, although it
doesn't say that, so you'll know.
They want us to make sure that under real estate there's
disclosure statements so that we get an all-hazard statement out to
every realtor. They want us to seek grant funding if necessary to
make sure we can pay for it to get the information out to people, let
them know what you're getting ready to buy.
Maintain the current flood information within the library
system. That is now in there. We have it in four of the main libraries
in the county. They want us to keep technical assistance going, and
even beef it up so that we give people lots of information when they
call. They want a single point to address the issues versus saying
well, let me transfer you here, transfer you there.
And then the environmental education, we've already talked
about that one.
Now, as we get into plan maintenance --
CHAIRMAN STRAIN: Mr. Wiley?
MR. WILEY: Yes.
CHAIRMAN STRAIN: I don't mean to interrupt you. We've
been going on about a half an hour, and I know we've all read the
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document in front of us, and certainly you can continue, but
obviously this is going to take longer just because of your
presentation than I thought it would.
And I can't see the school people having to sit here while we
end up listening to the rest of this, we ask our multitude of comments
and then we still take lunch.
So out of deference to them, I would like to suggest that the
earliest that we would start the school board concurrency is at 1 :00
today. Does anybody on this panel disagree with that?
COMMISSIONER MURRAY: No.
COMMISSIONER ADELSTEIN: No.
CHAIRMAN STRAIN: Okay. That's for the benefit ofthe
school folks.
I am sorry you were here all morning. I could not tell ahead of
time how fast this was going to go. But we will not resume the
school concurrency until no earlier than 1 :00.
Mr. Wiley, go right ahead.
MR. WILEY: And I'm sorry for the lengthy presentation. This
just happened to be a really big document to go through that we have
to cover certain points publicly.
CHAIRMAN STRAIN: I know. And you have given it to us,
and to be honest with you, we all have read it. Well, I shouldn't say --
I have read it twice.
But that's fine, I understand why you want to get certain things
on record, and I ask that you get to the -- I also met with two
representatives of yours before this meeting and suggested they not
provide a lengthy presentation, because you provided a 900-page
document that we had ample time to go through, if we wanted to, of
the relevance of which was only the first 87 pages anyway.
And out of those, there is only maybe six pages that are relevant
regarding the policies that we're supposed to review, which is the
GMP.
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Now, having said all that, I ask that you start to consider
winding your presentation down.
MR. WILEY: I am heading down the final stretch right now.
CHAIRMAN STRAIN: Thank you.
MR. WILEY: Adopting the plan is what will come after this
meeting. We go to the Board of County Commissioners, they will
adopt it through a resolution to include Section 7 of the Hazard
Mitigation Plan. Then they officially adopt the Hazard Mitigation
Plan, which covers a lot more than just flooding.
And then following that up, we have the ongoing effort to
implement it, evaluate it and revise it through the annual process of
giving the Board of County Commissioners an annual progress
report.
Just to let you know what's been going on already, in 2006 we
already took an LDC amendment through that you're aware of about
the 18 inches above the crown of the road for the maximum height
you can put the fill on a property. So this is a process that's been
gomg on.
In the 2007 amendment cycle one, there's a proposed regulation
to limit the amount of impervious area on a property, to begin to
regulate that so we don't have increased amounts of runoff getting
out of hand.
Amendment cycle two, we're bringing before you the interim
watershed management regulations that have a lot of flood plan issues
involved with them.
In 2008 we're going to be coming to you with recommended
amendments to the flood damage prevention ordinance. And we've
already talked to that in a workshop.
So as you can see, this effort is already moving forward, and
this plan that you have is simply an issue that we have to document
and submit to FEMA every so many years. It's that year now.
With that, we have discussion and questions. I'd be glad to help
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you out through this one.
CHAIRMAN STRAIN: For the panel's benefit, I know that you
have read the document. The meat of the issues really gets into --
starts on Page 50, that's the language that is proposed to be changed
in the GMP.
Prior to that is a good history of what's been going on and how
they've processed through to get to that language.
And so if the committee doesn't mind, what I -- I know we take
everything page at a time. But I'd rather just ask that if there's any
questions from pages 1 through 49, we'll entertain those and then
we'll start on Page 50.
Mr. Schiffer?
COMMISSIONER SCHIFFER: And it's on Page 29. It's a
chart. And the reason I'm asking this question is we review PUDs
and stuff, Robert. What kind of input does this data have? I mean, is
somebody studying this? Is somebody going to look on, for
example, a page like this and discuss how a project is going to be
impacting flowways?
MR. WILEY: Basically as that goes through the review process
with county staff, that's one of the things I get involved with. So we
are reviewing it.
Does it have an exact procedure? No. Because you look at
them differently as to where they're located. Some will get a lot more
serious review because if it's an area that doesn't have that issue, it
doesn't get looked at with near the same level for regional benefits as
if you have someone proposing totally new flowway instructions or
something.
But we're already doing that.
COMMISSIONER SCHIFFER: Okay. So if a project is in a
sensitive area, as this map would show, you would be providing that
input.
MR. WILEY : Well, again, this map shows you what is coming
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November 1,2007
,
as a result of the interim watershed management regulations, okay?
Now, that's where we have been especially asked to look at
them. But any of these areas that are here, we are already looking at
them. This just sort of helps the people who are going to be coming
with projects to know where we're going to be looking anyway.
COMMISSIONER SCHIFFER: What do those two acronyms
mean, they're not in your list, the ADG and the BAT?
MR. WILEY: I wish I could tell you. This map came to us out
of the Southwest Florida feasibility study. And so it was to try to
coordinate an existing regional project already on, so we just simply
took a draft of their map and brought it in here for consistency
purposes.
I don't know what the letters stand for, though.
COMMISSIONER ADELSTEIN: What's the use of it then?
MR. WILEY: We just put the whole map in so everybody can
quickly reference right back to Southwest Florida feasibility study,
and you'll see that same nomenclature there.
COMMISSIONER SCHIFFER: Very good. Thank you.
I'm done, Mark.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: On Page 12, just to clarify
something, under 7.5, the first paragraph there, it says approximately
400 to 500 square miles. That's quite a difference. Four hundred
square miles would be, from what I typically hear, is about -- 80
percent of the land is in conservation, et cetera.
But 500, where do you pick up the 500? Seems like an
enormous variance, 100 square miles.
MR. WILEY: That's basically looking at here's the county and
just get back far enough, it's going to take roughly -- we didn't
actually draw the fine line going around it. Just when you looked at it
from FEMA's perspective, how much is land from a broad area do
you figure is even considerable (sic) developable.
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That doesn't mean it's all going to get developed. That's not
looking at all the angel (phonetic) flowways or things like that, just --
when you take that percentage of the county, so many square miles,
you've got 20, 25 percent of it is a max that's ever -- that we can
perceive right now would have a chance for development. That's all
the way up to Immokalee, the coastline, everything. And just a broad
number is all that was.
COMMISSIONER MURRAY: All right.
MR. WILEY: It's sort of like signing your name with a can of
spray paint.
COMMISSIONER MURRAY: Okay, I'm ready to go to Page
49,50.
CHAIRMAN STRAIN: Anybody else on the first 49 pages?
(No response.)
CHAIRMAN STRAIN: Mr. Wiley, I want to get something on
the record, starting on Page 50. Your proposed language will have --
or could have, the way it's written, a rather great impact in Collier
County in the form of ad valorem taxes, special taxes or actual
building costs to individual builders and homes. And because of that,
no doubt if some of the things were instituted as written, you could
expect maybe an outcry from people who feel that they didn't have
participation.
So I want to make the record clear about the efforts your group
went through, and I think they were excellent efforts in trying to seek
public participation. And that is on Page 10.
Basically, specific notices were mailed and e-mailed to special
interest groups. Then you got a very poor response to that.
Then you sent out certified letters to these same groups
requesting their collaboration. Again, you got a -- very little response
was received to that.
Then you sent out to special interest organizations more review
on August 17th. And each time you had apparently minimal public
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input.
And these are from the stakeholders that are required to be
notified by Florida Statutes of GMP amendments. And these are --
could I assume they were engineering firms, development firms,
building companies?
MR. WILEY: That and other areas, too. I mean, we have a list
of people who seemed to be expressing concerns, so we tried to put it
together and make sure they were aware of it.
CHAIRMAN STRAIN: Did you notifY the CBIA group on a
regular basis?
MR. WILEY: Ah, CBIA. I know they even have a
representative who is coming to our committee, so that they're aware
of it, but as to notifications, Mike would know how to answer that
one.
CHAIRMAN STRAIN: What I'm trying to get--
MR. WILEY: Mike did the notification process, I didn't do that.
CHAIRMAN STRAIN: We have a requirement by statute to
make sure that we notifY the stakeholders. I'm just making it very
clear that we did that. Because the implementation of your language,
as written, if it isn't modified has grave financial impacts to this
county in all sectors. And I want to make sure that the record is
clear.
And Mike, if you're the one to answer this as far as stakeholders
go, groups and organizations, Chamber of Commerce, EDC, CBIA,
were they involved or notified to be involved or requested to be
involved?
MR. DeRUNTZ: We had an extensive list that we sent out, and
CBIA was notified.
CHAIRMAN STRAIN: That's what I'm trying to find out.
Thank you very much.
COMMISSIONER SCHIFFER: Mark, can I add something--
MR. SCHMITT: Could I ask to put on the record also that the
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DSAC was thoroughly briefed on this as well, the development
services advisory committee.
CHAIRMAN STRAIN: Were they seeing the document we're
seeing today?
MR. SCHMITT: Robert?
MR. WILEY: Yes, they have.
CHAIRMAN STRAIN: Did they comment on the goals and
objectives section for the DMP?
MR. WILEY: They're still doing so.
CHAIRMAN STRAIN: Pardon me?
MR. WILEY: They're still doing so. We have met with them
twice and we're still going to be with them one more time.
CHAIRMAN STRAIN: I would have expected to see the
benefit of their results. That obviously won't happen from what I
understand then because they're now still reviewing it; is that right?
MR. WILEY: They are still waiting to finish the review and
vote on it officially. We've met with their sub-committee, so --
CHAIRMAN STRAIN: That would be like us reviewing some
new fire codes without going through Brad's fire group, and I'm a
little concerned about that.
Mr. Schiffer, you had a comment?
COMMISSIONER SCHIFFER: Just that the list of people is
Exhibit 8 in your report. Exhibit 8 is chopping off the names of
everybody, so you may want to recompile that.
MR. WILEY: Thank you, sir.
COMMISSIONER SCHIFFER: That was it.
CHAIRMAN STRAIN: Why is this procedure out of
sequence? Normally we see things after the subordinate boards have
time to review them, and then we get the benefit of their comments,
because they are more specialized boards.
Why is that happening?
MR. WILEY: In the case with DSAC, we have gone to them,
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they have met with us, they have some comments about it. They've
asked us to come back.
Primarily they're holding off because they're still waiting for us,
which we're still trying to prepare a map that would show the location
of all these interim watershed management regulation issues, where
there's that one point in there that says, and other areas known to be
susceptible to inundation and flooding.
They said, well, where is that? We're still trying to put that map
together.
The other issues, we've gone through with them and you get
some support and they keep holding off on voting until we get this
map to them. We don't have the map finalized yet, which is not even
in your plan yet, unfortunately.
CHAIRMAN STRAIN: Mr. Klatzkow, this is a GMP Issue,
and I think maybe we're the LP A in regards to this. If
recommendations come out ofDSAC, and they are viable
recommendations, ones that should be considered, concerned and
possibly implemented, would they -- how do they get implemented if
we've already been done with the issue?
MR. KLA TZKOW: Well, you can ask staff to bring it back to
you.
MR. SCHMITT: Let me clear it for the record. These are not
GMP amendments yet. You're looking at a plan that sets policies that
go to the next step, which is GMP amendments, LDC amendments
and other things. You're not actually looking at a GMP amendment
here.
CHAIRMAN STRAIN: Okay. So this GMP language as
proposed is something that you're trying to put together to implement
in another GMP round, a cycle that will occur next year?
MR. WILEY: That's correct. These themselves do not change
the GMPs that we have. But these are setting direction for putting it
into motion the next cycle.
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CHAIRMAN STRAIN: But then you're taking it from us to the
BCC, and that means you'd be taking DSAC's comments directly to
the BCC as well.
MR. WILEY: Well, we take everybody's comments, yes, sir.
Including yours, yes, sir.
CHAIRMAN STRAIN: We just wouldn't have the benefit of
DSAC, but we will prior to the next round of true GMP
implementation.
MR. WILEY: Yes, sir.
CHAIRMAN STRAIN: Okay. Well, that's good to know.
With that, we'll move on. And I guess we're on Page 50. We're
going to have to take it page at a time through the proposed GMP
language. There may be a lot of comments. And let's just start
actually with Page 50, and it's 7.8, Setting Goals. And we'll just go on
through the entire page at one time.
Are there any comments, questions, on Page 50?
Mr. Murray?
COMMISSIONER MURRAY: On Policy 1.1.5, it says conduct
site investigations, research exposure and hazard data. Could you just
give me an example of what you mean by researching exposure?
MR. WILEY: Where that comes into play is, as you look at it,
repetitive loss. We know that there are 31 of these in the county. So
when someone comes to us with -- let's just use an example--
COMMISSIONER MURRAY: I got it with that.
MR. WILEY: -- a building modification requires a building
permit.
COMMISSIONER MURRAY: I got it with that. You satisfied
that question.
Under Objective 1.2, pollution control is the lead agency there.
And I wondered, is that a sub of the transportation department?
MR. WILEY: No, sir, that is in the public utilities division.
COMMISSIONER MURRAY: So--
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MR. WILEY: Now, let's explain this. These lead agencies,
these were the recommendations given to us and assigned to us by the
county manager.
And basically he's looking for people to oversee other people to
make sure they get the job done. It doesn't mean that they're the ones
out there doing it, but the county manager tried to set up a structure
so that different departments begin to work with each other. And so
you have the lead agency who's helping to make sure the others
follow up and comply with these things.
COMMISSIONER MURRAY: Okay. And I appreciate what
the county manager would like to achieve. That's fine.
Under Objective 1.5, we're talking about prohibiting private and
commercial development and we're talking about restored dunes. We
would be -- then when we go with a GMP amendment, they would be
looking to qualifY -- require the dunes restoration or qualifY it or
enhance the dunes structurally or whatever. Is that the intent there?
MR. WILEY: There will be a lot more refinement before it gets
to that level, yes, sir.
This is the recommendation for direction for us to take, is
basically what this document is. It's a planning document.
COMMISSIONER MURRAY: Got you. Thank you. That was
all for that page.
CHAIRMAN STRAIN: Anybody else on Page 50?
(No response.)
CHAIRMAN STRAIN: Bob, Policy 1.1.1. It's talking about
repetitive loss in -- does that -- let's see. Reduce repetitive loss in
FEMA designated flood zones through land acquisition and/or
engineering storm water solutions when appropriate.
I would like you to consider adding the words and financially
feasible.
MR. WILEY: You mean after the word appropriate, add
financially feasible?
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November 1,2007
CHAIRMAN STRAIN: Yes.
MR. WILEY: We can do that.
CHAIRMAN STRAIN: Only because I'd hate to see us locked
into something just because it's appropriate, but we can't afford it. In
the future that could happen an awful lot.
I will have that repeated philosophy through quite a few of your
paragraphs.
MR. WILEY: That's a very good comment, sir.
CHAIRMAN STRAIN: Objective 1.2, you're talking about
protect environmentally sensitive lands and aquifers to maximize
their survivability from known flood hazards.
Again, I have to ask for a caveat on there, where appropriate
and financially feasible.
1.3 would be the same thing.
COMMISSIONER MIDNEY: Mark?
CHAIRMAN STRAIN: Yes, Mr. Midney?
COMMISSIONER MIDNEY: How do you determine
financially feasible? What -- you know, you sort of have to have
some sort of laws or regulations to determine that, don't you?
CHAIRMAN STRAIN: County Commissioners would have to
have a budget that can do it. If their budget can't do it and they can't
raise ad valorem taxes, or they have no other sources, it may not be
financially feasible.
But I would hate to have to see this take precedent over other
items because the language in this is stronger than the other items are,
and all of a sudden we have to divert funds we need vitally
somewhere else for this issue.
So that's my purpose, is to give that flexibility. It's there if we
want to use it. The public pressure will determine how they use it.
And I think that's the appropriate mechanism that we really need in
dealing with this kind of issue.
Objective 1.4, it says develop an efficient coastal storm surge
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November 1, 2007
and inland flooding evacuation plans. That's like saying what we
currently have is not efficient.
So I'm just wondering if you need the word efficient or you
need another word. Because efficiency, I think what we have right
now for our times may be considered efficient, and for liability
purposes I certainly would argue it is.
I don't know if putting a word in here that we need efficient
systems is connotating a negative to what we currently have.
MR. WILEY: So your preference is to strike --
CHAIRMAN STRAIN: Either strike that word or come in with
a word that doesn't negate what we currently have.
MR. WILEY: I'm open to suggestion.
CHAIRMAN STRAIN: Well, I'd just as soon strike it then, it
makes it simpler.
Ms. Caron?
COMMISSIONER CARON: Or just say develop additional
coastal storm surge and inland flooding evacuation plans.
CHAIRMAN STRAIN: That's fine, too. Is that --
COMMISSIONER CARON: I think that we are talking about
additional regulations, correct, Robert?
MR. WILEY: Well, when we were meeting with the committee
that the governor set up on coastal issues, the state department of
emergency management was trying to get all coastal communities to
be able to evacuate within less than 12 hours. And we don't meet
that. Most coastal communities don't meet that. And we may never
meet that.
So just to say that ours is absolutely the greatest plan, no. It
works, but it still doesn't quite get to the point that the state would
like to see us. So that's where the concept of efficient came in. But
additional, I have no problem with that.
CHAIRMAN STRAIN: I was thinking of -- or we could say
develop comprehensive coastal storm surge and inland flooding
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November 1,2007
evacuation plans. That might be even a better word.
COMMISSIONER CARON: Yeah.
MR. WILEY: Yes, that's better than conditional. Okay.
CHAIRMAN STRAIN: On 1.5 I read that, and I thought great
idea. But why is it here? Why isn't that in the CCME? Why are we
putting this in this document?
Because now what we're going to have, just like we discovered
on the review of improvements in the coastal high hazard area, and I
think it came up on the Cocanelia project, that there's a conflict in
various segments of the GMP that have redundancy. Some stuff in
the FLUE doesn't coincide with the CCME.
And I'm wondering, is this necessary in your floodplain
management section or would this go in the CCME?
MR. WILEY: Well, this concept is already in the CCME--
CHAIRMAN STRAIN: Okay, then--
MR. WILEY: -- but in our floodplain plan FEMA doesn't
review our CCME, and they want us to address coastal dunes, so
that's why we have the topic discussed in here.
CHAIRMAN STRAIN: Is it verbatim?
MR. WILEY: I couldn't quote that one, sir. I don't know. The
concept is there, but I don't know if it's verbatim.
CHAIRMAN STRAIN: Would you check to make sure there's
no conflict? Because the last thing we need is different parts of the
GMP conflicting with newer parts.
MR. WILEY: Okay.
COMMISSIONER CARON: I don't think it's necessarily
conflicting, but it is not verbatim.
CHAIRMAN STRAIN: Well, we ought to take a look at that,
just to make sure.
MR. WILEY: Let me just interject here, you may tend to find
things that appear to be repetitive with other parts ofthe government's
document that we have, but again, we had to repeat because this has
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November 1,2007
to be a complete plan for FEMA to review.
We've already been told that we have a lot of stuff we don't
need in here by other people, but we say it's got to stand alone. And
then when you incorporate it, you've already got that portion of it.
So just to help you understand that one.
CHAIRMAN STRAIN: Okay. Well, I'm glad you said that
because it does resolve some other questions. Thank you.
Okay, any questions on -- let's go to Page 51. Questions on Page
-- Mr. Schiffer?
COMMISSIONER SCHIFFER: Objective 1.9. Robert, what
does the word incremental really mean? Is that -- it's the same thing
as rising or movement laterally, or damage growing or--
MR. WILEY: Basically that deals with the situation from
different levels of storms. So you're not going to design everything to
this one huge storm event, but the practical side of it is you're willing
to accept certain levels of risk for different features here. So the
incremental deals with that.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Okay. Brad, anything else?
COMMISSIONER SCHIFFER: Well, I think other people
could ask that -- I mean, your answer is good. Is there a way we
could work some of your answer into the objective?
MR. WILEY: Help me. I'm willing. That's the trouble, when I
know what I mean, to me it means it already. So I'm very willing to
edit this thing.
COMMISSIONER SCHIFFER: Well, you're using incremental
surface water impacts. Maybe you should use incremental storm
impacts. I mean, is it just the surface water you're focused on or the
flood --
MR. WILEY: Well, you have a quantity and you have a quality
issue that are involved here. So for instance a developer, he'll design
a project to handle the one inch of water quality. But then
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November 1,2007
quantity-wise he's going for the 25-year, three-day storm event, but
then he has to put his house at the 100-year elevation.
So even in different parts of the county the canal system can
only take so much. There's lots of factors back and forth that all get
played here.
COMMISSIONER SCHIFFER: Well, leave it then.
MR. WILEY: Okay.
CHAIRMAN STRAIN: We're still on Page 51. Are there any
other questions?
Mr. Murray?
COMMISSIONER MURRAY: On Policy 1.10.3, provide
technical information, and also on Policy 1.10.1 where you say
assistance to, they pretty much establish the same thing.
Who authors that technical information that we're going to
provide? Is that something from within the county or we have
expertise from elsewhere, or is it a conglomeration of things? What is
it that it is?
MR. WILEY: Primarily what we're doing is we're showing the
people the publications produced by FEMA. We give them the
information, we show them how to access it on the web site, we'll
print them off copies.
But then sometimes people say well, I don't understand this. So
you sit and you explain to them how to do it. And we're not trying to
generate information ourselves as much as show them what's out
there already available to comply with the flood insurance program.
COMMISSIONER MURRAY: That -- do you anticipate much
staff time associated with that? I'm trying to relate that to cost, again,
financially feasible how much we're opening ourselves up to.
MR. WILEY: Generally speaking, it's not a lot of staff time.
Most of the people, their concern deals with what can I do to get my
property out of the flood zone. And they want to know what that
means. So within five, six minutes on the telephone you explain to
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November 1, 2007
them what they have to do, the procedures to apply to FEMA for an
exemption from the flood insurance requirements. That's the biggest
one.
Very few people have actually come to us asking for
recommendations on what they can do. But it does happen. Just
within the past two weeks I've helped a gentleman on that even, so --
it's very rare, though.
MR. DeRUNTZ: For the record, Mike DeRuntz, principal
planner with comprehensive planning.
Along those policies, I met with the real estate board, and
they're very interested in participating with county staff and having
workshops to educate that profession. And also with the CBIA, the
same way, getting their members more knowledgeable of floodplain
regulations and ways to address reducing the flood impacts on
properties. So I see us in the future developing workshops with those
different groups.
COMMISSIONER MURRAY: Will there be a fee associated
with attendance, or is that a public service to them?
MR. DeRUNTZ: A public service.
COMMISSIONER MURRAY: In Policy 1.10.5, protect critical
facilities, are we speaking only of government facilities here?
MR. WILEY: No, we're talking private also.
COMMISSIONER MURRAY: Hospitals, things of that nature?
MR. WILEY: Hospitals, places with hazardous material
storage, generators, things of that nature, yes, sir. Things you don't
want to fail in time of a flood.
COMMISSIONER MURRAY: And on Policy 1.10.6, I just
thought it odd that the lead agency was facilities management, not
emergency management.
Of course you folks know best, I guess, but I just thought that
was a little strange.
MR. WILEY: The background for that is our facilities
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management department handles the public facilities that are the
government-owned facilities, and that is why we set them in the lead
of it. Since they're doing it for their own facilities, they would tend to
be able to address it with other people asking for assistance too.
COMMISSIONER MURRAY: Okay. And lastly on 1.11 it
says, based on the best available. How about the latest and authorized
technical data and analysis? Best available, I've seen where
brochures are still in locations where they're a year and a half old, et
cetera.
Maybe some means of making sure that we have the latest and
authorized by the right persons. Some verbiage like that perhaps.
MR. WILEY: Let me explain why it says best available, and
then we'll be glad to modifY it. But we have certain portions of the
county that are approximate A zones, that would be basically for rule
of thumb east of State Route 29. And there's a little bit north of
Immokalee.
In approximate A zones, there is no base elevation defined, base
flood elevation. It's not defined. And so FEMA says use best
available information. That's why this wording is in here.
COMMISSIONER MURRAY: When the UDAR is concluded,
I don't know if that's still in effect, I assume that they're still using the
UDAR to do the mapping--
MR. WILEY: What that is useful for is your ground elevation,
but that doesn't establish your flood elevation for that --
COMMISSIONER MURRAY: Okay, so that's a different
criterion.
MR. WILEY: A little bit different, yes, sir. But if you want to
modifY it, I just wanted you to understand why it says best available.
COMMISSIONER MURRAY: No, I don't want to modifY
anything unnecessarily, Ijust -- you've explained it to me and I
appreciate what it is. And if the FEMA is satisfied to use that phrase,
I'm not going to argue with FEMA at this point.
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CHAIRMAN STRAIN: Any other questions on Page 51?
(No response.)
CHAIRMAN STRAIN: I've got some, Bob. Objective 1.6,
continue acquisition of Conservation Lands, and that's capitalized,
within the floodplain to assist with mitigation of flood events.
The fact that it's capitalized leads me to believe when you say
conservation lands, are you referring to lands that are purchased by
Conservation Collier?
MR. WILEY : Yes, sir. It may not need to be capitalized here,
but that's why.
CHAIRMAN STRAIN: Well, Conservation Collier was put
forth to the public as an additional tax voluntarily through referendum
to purchase open space and conservation lands above and beyond
what was already necessary for various facilities and operations in
Collier County.
Now I see Conservation Collier lands being utilized by count,
like for the parks and rec. department, we heard through the AUIR.
The Pepper Ranch discussion occurred partly, they--
transportation staff wanted to use some of that land if they ever got it
for mitigation purposes. And now you're talking about using it,
continue the acquisition for floodplain assistance.
I don't believe that was the intention of the referendum or the
voters. Now, I could be dead wrong, but before you include this
Objective 1.6, I would ask that you take this to the Conservation
Collier committee and let them know you're thinking of adding this
here and get their opinion on it.
They are meeting in the middle of November. It would be an
easy thing to do. And I would suggest that you do that so we don't
have any intentional conflict between what we told the voters and
what's actually -- how the lands are being possibly utilized.
MR. WILEY : Yes, sir. We have had quite a bit of discussion
with Alex Sulecki on this, and her concern is can she even utilize
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November 1, 2007
Conservation Collier lands for floodplain.
The background of this one basically says if you're buying lands
that are in the floodplain anyway, let them go ahead and be used for
open space for floodplain storage.
We're not proposing to go in there and use Collier lands to
modifY them to make them floodplain storage. And so that also has
been part of the discussion within our committee, a desire to do just
that. And we're saying you can't do that.
But if they happen to be there and there's opportunity, I guess
the concept is as a part of their criteria for Conservation Collier, use
the issue of it is in the floodplain and give us open space storage but
a criteria for evaluation.
But we need to take this to that committee to make sure they're
in agreement with that.
CHAIRMAN STRAIN: I think the purpose for that is twofold.
I don't think you ever want to let anybody make the assumption
you're trying to do something that may have been told in a different
way during the referendum. You certainly wouldn't want any
misconception that we're trying to capitalize on additional taxes that
are out there.
It would be a very good thing to do, and if you don't do it now,
we'd probably ask that you do it before the GMP round, if it came in
anyway. So why don't we just cross that threshold and get it done.
And that way everybody can say, hey, we took it to all the right
authorities and everything is fine.
MR. WILEY: Good idea.
CHAIRMAN STRAIN: Objective 1.8, you use the word ensure
the adequacy and completeness of emergency procedures that address
catastrophic flood events.
I don't think anybody can ensure things. In fact, Louisiana
knows that with the dikes around their town. So why don't we use the
word review instead of ensure.
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MR. WILEY: Good word.
CHAIRMAN STRAIN: Objective 1.9, develop a policy that --
and you use a word, I'm not sure how I would read it, it says deals
with. And I'm just -- is there a better word than deals with?
I mean, I know there is. You guys have always used them. And
that's the first time I heard you use that kind of connotation. I can't
suggest one sitting here today but I made a note that there's got to be
a better word for that. And I would suggest that you -- you might -- if
you have an idea.
Ms. Caron?
MR. WILEY: Should we just simply say that addresses--
COMMISSIONER CARON: How about the word addresses--
MR. WILEY: -- or evaluates, or something along that line?
COMMISSIONER CARON: Develop a policy that addresses
incremental surface water impacts throughout the county.
CHAIRMAN STRAIN: That works. How does that sound to
you?
MR. WILEY: Got it.
CHAIRMAN STRAIN: Number -- Objective 1.10, you're
talking about minimizing impacts from flooding in FEMA. I agree
we should be doing that, but I certainly would like to add the words
where financially feasible.
Policy 1.10.2, review existing development regulations to
ensure that they minimize to the extent feasible flooding impacts to
other properties.
Now, in this case I would suggest you drop the language to the
extent feasible. That provides a level that we may not be able to
reach in all cases. Where if you're just reviewing it and you're
making recommendations, that provides a more adaptable level.
MR. WILEY: Let me just ask a question. As I'm looking at
remove (sic) that feasible, if the development itself shows that they're
not causing any increase, do you say that they would have to reduce
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the existing flooding impacts on the neighboring property? Just want
to get your thought train going here.
When you remove that to the extent feasible, if they haven't
caused it in the first place, it's already flooding, does that mean they
have to go the other way?
CHAIRMAN STRAIN: Let me tell you where I was going with
the suggestion on that language. If you say you've got to do
something to the extent feasible in this connotation, and there is a
way to do it, they're almost obligated then to do it at any cost.
That's where my concern was. I'm always looking for the
extreme. Not saying that you'd go there, but somebody that may
replace you someday might go there.
MR. WILEY: I hadn't even thought of your direction.
CHAIRMAN STRAIN: So that was my concern. If you can
figure out or suggest an alternative, or maybe leaving that language in
and adding to the -- as financially feasible or something like that, but
MR. WILEY: I can even strike it.
COMMISSIONER MURRAY: And Mark, wouldn't you have
to eliminate the word ensure as well?
CHAIRMAN STRAIN: That was my -- yeah, once I got past
step one I was going to go to step two.
MR. WILEY: Okay, Ray Smith has suggested maybe it says to
the extent practical, or even just to strike it out might work just as
well, though.
CHAIRMAN STRAIN: That's what I was suggesting is just to
strike it. Because it still reads you're going to have the review there,
and the review's going to develop into LDRs that are going to then --
the LDRs get down to the meat of this. But I don't want the LDRs to
be so limited by the tight language here that they can't be flexible
enough to give us some latitude if we need it.
So that's what I was looking for.
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And then the word ensure becomes into play agam.
Ms. Caron, do you have a --
COMMISSIONER CARON: Well, I just want to make sure
that we are not mixing insure with ensure, so --
MR. WILEY: We're not using the I-N-S-U-R-E.
COMMISSIONER CARON: They're not trying to msure
anything.
CHAIRMAN STRAIN: Let's talk about definitions. Mr.
Murray, this is just up your bag. You love words, so --
COMMISSIONER MURRAY: Ensure in the context he used it
was appropriate. He didn't introduce financial matters about
insurance. I think it's often, though, that those words are used
interchangeably, and in the context it can be construed. The
grammarian, though, I'm not.
CHAIRMAN STRAIN: I need someone to define Mr. Murray's
statement.
COMMISSIONER MURRAY: Try the gentleman from the
legal department.
MR. KLATZKOW: Well, I know the difference between
ensure with an E and insure with an I. I generally don't use either
word in my documents, because it is one that is confusing to a lot of
people. And two, quite frankly, it's a very hard thing to do, to ensure
anything.
CHAIRMAN STRAIN: That's why I've been concerned about
it in my reading of this text.
So with that in mind, what's another word we could use there,
Mr. Wiley, that would work and still not be so definitive?
COMMISSIONER CARON: Just strike it.
CHAIRMAN STRAIN: Just strike it?
How about --
COMMISSIONER MURRA Y: How about just simply reVIew
existing --
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;
,
-.
COMMISSIONER CARON: Review existing development
regulations to minimize flooding impacts to other properties.
COMMISSIONER MURRAY: Right.
CHAIRMAN STRAIN: That's fine. I like that. Thank you, Ms.
Caron.
Okay, under 1.10.3, provide technical information regarding
flood proofing and retrofitting of property, structures in
FEMA-designated special flood hazard areas in other areas of the
county. And I would suggest that we add language that would
minimize substantial flood damage instead of prevent, because it's
very hard to prevent.
MR. WILEY: Good.
CHAIRMAN STRAIN: Ten -- 1.10.4, and here we go with the
ensured again. I think it should be review proposed construction
development projects. And after the word projects, I'd suggest you
add the word to minimize or eliminate flood risk where financially
feasible, without introducing additional flood impacts to other
properties.
MR. WILEY: So you start off with the word evaluate, you say?
CHAIRMAN STRAIN: Review.
MR. WILEY: Review.
CHAIRMAN STRAIN: Or evaluate, that's a good word, too. I
think that does the same thing, but you--
MR. WILEY: Okay.
CHAIRMAN STRAIN: And we're looking to minimize or
eliminate flood risks where financially feasible without introducing
additional flooding impacts to other properties.
Policy 1.10.6, now, this one is interesting. I understand you
want to target harden various buildings, public facilities, but don't you
want to do it in just certain zones?
So if they occur in certain FEMA zones, those are the ones
you'd have to do it. Because the way this reads, it would be all public
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facilities. And you've got them in places that may need not to be
hardened, places like Immokalee, places elsewhere in the county.
MR. WILEY: What we're finding is that wind damage doesn't
necessarily match up with flood zones, so that's why we didn't want to
limit it just quite to that region. Your wind can have far reaching
effects beyond an area that floods.
The -- I say that because through the emergency management
department we have what is called a local mitigation strategy work
group. And they've come up with target hardening projects on our
approved mitigation list that once it gets on that list makes it eligible
to apply for FEMA grant funding and other federal grant funding, and
those are not limited just to the flood zone areas.
CHAIRMAN STRAIN: Okay, that's what I was trying to
understand.
Okay, that's all the questions I had on Page 51. Anybody have
any others?
(No response.)
CHAIRMAN STRAIN: Ifnot, we'll move on to Page 52. Are
there any questions on Page 52?
COMMISSIONER SCHIFFER: Robert--
CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Murray.
COMMISSIONER SCHIFFER: Robert, we have areas ofthe
county that have not been determined for flood zones, essentially
Policy 1.11.3. Why is that?
In other words, we have areas that are undeterminable but
possible. What does that exactly mean and is that what you mean by
this policy?
MR. WILEY: In 1.11.3 where we talk about continue active
participation in the flood insurance community rating system, that
doesn't really deal with establishing flood zones, though. If I
understood, you said 1.11.3?
COMMISSIONER SCHIFFER: Correct.
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MR. WILEY: Our active participation in the CRS program
basically deals with the program the county is involved in, how we
use that to provide discounts on flood insurance policies that the
current owners have.
But let's address your area that you're speaking of, would be the
flood zone D, an area of -- undetermined. Currently that would be
almost all of Golden Gate Estates north ofl-75, and then it swings up
and incorporates even a good portion of the Immokalee area and all of
urban Immokalee area.
The current flood insurance rate maps, as I said, are based
strictly upon a coastal surge evaluation. Now, when they came with
the maps in 1998, we did not agree with those maps. That's when
they -- basically they took the coastal area, they evaluated changing
the location and the elevations in the VE zones and the AE zones.
The X zone is still located landward of that.
But then FEMA came up and they said well, you've got all this
interior area that we just think is susceptible to flooding, so they were
going to declare all of that an approximate A zone, which mandates
flood insurance. But it's very expensive. And since there's no base
flood elevation, it would throw the county in a big quandary as to we
are supposed to establish an elevation before we could ever approve a
building permit.
We negotiated with them for a number of years. By the time we
got around to the maps that are currently implemented with an
effective date of November 2005, FEMA had agreed, we had shown
them enough information that they had no justification to base a large
portion of the county on to put in an approximate A zone. But they
didn't know what to do with it otherwise, so they agreed to put it into
a 0 zone.
Now, they still left a good portion ofthe eastern county in the
approximate A zone, but that, the boundary they carved out, that was
the best we could get them to agree to. So we have this block of D
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zone area that doesn't have an evaluation for it.
At the same time we did that, though, we went into an
agreement with them that we are developing those flood maps that
will cover that area.
So we're doing the coastal analysis as well as the rainfall
analysis for seven interior basins, of which that area is totally
encumbered in our basins we're analyzing. So when all is said and
done we won't have the D zones, but that's still going to be a little bit
under two years from now.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Back just in time. Okay, policy
-- on Page 52, Policy 1.11.4. You spoke earlier about -- I thought I
heard you say review about every five years, at least every five
years. Is that your plan, to review at least every five years?
MR. WILEY: We at a minimum have to review and revise this
document here every five years. But the other thing is we can initiate
that at any time we so desire.
COMMISSIONER MURRAY: So in other words, under Policy
1.11.4 you would be reviewing the storm water system for
deficiencies on what, an annual basis?
MR. WILEY: Actually, it's a daily basis for the applications
that come in. In new developments when there's proposals to modifY
developments, that's an ongoing system.
The county storm water management department every year
analyzes its system through the AUIR program, and so it's just a
continual process that's going on.
COMMISSIONER MURRAY: Do you want to employ the
word continuing on ongoing in some fashion there to make it clear?
MR. WILEY: We can very gladly do that here.
COMMISSIONER MURRAY: I think it's important. Because
inasmuch as you've indicated five years, it's a long time between
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document modifications. That's fine.
MR. WILEY: Should we say review on a continual basis or an
annual basis? How do you want it worded there?
COMMISSIONER MURRAY: Continuing basis.
And then under policy -- you finished there?
MR. WILEY : Yes, sir.
COMMISSIONER MURRAY: Under Policy 1.11.6, when
appropriate. I was wondering in the context of that sentence provide
property owners with information on removing property from FEMA
designated -- when appropriate. In other words, it goes back to that
31 units again.
MR. WILEY: No, no, in this particular case here this would be
anybody who has a property within a designated flood zone starting
with the letter A or V. That's a special flood hazard area.
I get a phone call and they say, what do I need to do to get my
property exempted? So you provide them that information. And
basically that's where they go through the process with FEMA, to--
they get an elevation certificate for their property and they fill out the
correct application, submit it.
They can essentially get their building surrounded by a little
miniature X zone if it gets approved through FEMA. But it's strictly
FEMA's call. I just provide the information how they can apply for
it.
COMMISSIONER MURRAY: Okay, so that's the criterion for
when appropriate.
Under Objective 1.12, not allowed deliberate variances that are
feasibly avoidable. I think you touched on that earlier.
I didn't know that we allowed any deliberate variances. Would
you explain what that really means to me?
MR. WILEY: What that means is you've got a situation that has
a base flood elevation, you can't build below that, or you have a
building restriction based upon -- in a VE zone. You have to have
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everything above the base flood elevation, and then the open
foundation lets the velocity wave travel through.
So along comes a landowner that says well, I want a variance
because it's going to be a special thing for me out here, and I just --
I'm willing to take the risk. Well, that means the county would go
through the variance process. We're saying let's don't do that --
COMMISSIONER MURRAY: Let me stop you--
MR. WILEY: -- deliberately.
COMMISSIONER MURRA Y: -- because I remember Stan
Chrzanowski suggesting that we have stem walls over building up the
property. Is what we're referencing?
MR. WILEY: No. No, no, that's a different issue--
MR. SCHMITT: Can I clarifY --
COMMISSIONER MURRAY: I thought I had it.
MR. SCHMITT: There's only been one variance since 1976,
and that was for a property that was built, and it was an after-the-fact
vanance.
So, no, basically the policy is no variances.
COMMISSIONER MURRAY: Good.
MR. SCHMITT: And that's then the policy that was -- what
was proffered when we were proposing even for the restroom out in
Vanderbilt Beach. So -- short and sweet --
COMMISSIONER MURRAY: Well, you might want to
modifY that--
MR. SCHMITT: -- it has to go to the board. Our
recommendation is no variances.
COMMISSIONER MURRAY: You might want to -- if you're
going to leave that in there, you might want to leave it in and not
allow intended deliberate variances.
MR. SCHMITT: Well, they still have a right to petition their
government, and the Board of County Commissioners is the agent
that approves the floodplain variance, and we still have to send those
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November 1,2007
forward.
COMMISSIONER MURRAY: Thank you.
MR. WILEY: But this was also coming from the committee,
they felt real strong about it, don't deliberately create a variance issue
here.
COMMISSIONER MURRAY: All right. Under Goal 2 -- and
I don't wish to take all the questions, you may have some. Is it okay
if I continue?
CHAIRMAN STRAIN: Mr. Murray, that's what we're here for.
COMMISSIONER MURRA Y: Under Goal 2 -- I didn't hear
you, what?
CHAIRMAN STRAIN: I said that's what we're here for.
COMMISSIONER MURRAY: Oh. Under Goal 2, I wrote a
note here, master plan, because it says minimize flood hazards and
protect water quality. Do we have a master plan or is this the master
plan?
I know it said it's the floodplain management plan, but is there a
master plan associated with this or is this the master plan?
MR. WILEY: That's a tough question to answer because of the
way it's addressed here. This is addressing evaluating
watershed-based approaches. We are just starting that process. Over
the course of the next two years we will be developing all these
watershed plans that will effectively implement what this is giving
direction to do.
So we don't per se have it now. We have a water management
master plan which back in 1988, '89 we went through and identified
where are the public canals, the crossings, things ofthat nature. But
nothing really to address overall analyzing from a watershed the
impacts of anything that takes place in that watershed. So we're
heading that way out of this one, though.
COMMISSIONER MURRAY: I thought I remembered in the
EAR that this body spoke about the fact that it seemed to be that it
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was addressed so -- the distance apart was five, 10 years or whatever.
And it seemed extraordinary. I guess this is a movement forward.
Let's see. Again, watershed under Objective 2.3. Again, where
feasible. Do we want a financially feasible associated with this one?
MR. WILEY: Financially feasible, is that what you're--
COMMISSIONER MURRAY: I think so. I think because
what it does provide is a publicly maintained stormwater conveyance
system, that can be quite expensive, and --
MR. WILEY: I just want to -- I do want to caution you here
about using the word limited to financially feasible here, because
there are some issues that may not be environmentally permittable
either. So that's why we left just feasible. It's a little bit more
involved.
I give you an example is within the Gordon River, it's a very
constrained watershed. I don't think we would ever stand a chance of
getting an Army Corps permit to open that thing up to a big, huge
canal and let it just quickly flush the water down into Naples Bay. It
would provide the 25-year storm level for developments that are in
there, but you're never going to get through that permitting process.
So I don't want to limit us just to financial feasible here, but if
you want to add it and some other caveats, be glad to explain it better.
COMMISSIONER MURRAY: I'm not going to argue on that
point. But then where based on what you just responded, I just
wonder where feasible applies even.
CHAIRMAN STRAIN: Well, if you add the words where
practical and financially feasible, that takes care of it, I think.
MR. WILEY: There you go, that's what I'm looking for.
COMMISSIONER MURRAY: That's what I was attempting to
get at. Maybe I should have waited for you on that one.
CHAIRMAN STRAIN: Doesn't matter, as long as they get
there.
COMMISSIONER MURRAY: And on Objective 2.4,
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November 1,2007
including the use of Board of County Commissioners' initiated
multiple services taxing units to correct the affecting -- I recall
Commissioner Coyle at a meeting indicating that the county doesn't
institute or doesn't compel municipal services taxing units.
This kind of suggests that the county would initiate its own
taxing units, which doesn't seem logical. So I'm wondering what this
really says.
MR. WILEY: You're right on what it says. When you establish
an MSTU or an MSBU, you have two ways of doing it: You can get
50 percent plus one of the property owners to petition the board and
they will do so; or the board has the right to, on a majority of their
vote, establish one and establish the boundary for it.
What we have seen in the past is the board's indicating through
many times in their budgeting process that we'll use MSTUs, use the
MSTUs, but you can really not in a practical sense get the board to
ever receive 50 percent plus one of the property owners within a
drainage basin area that will come forward and say yes, please do
this.
The committee felt real strong that there needs to be a proactive
action take place, and so they're suggesting a policy that clearly
indicates we want the Board of County Commissioners to evaluate
the need and proactively establish the MSTU.
I know that has been done in Naples Park a number of years ago
is the only one I personally am aware of. And that's what we used to
come up with the design and the construction for the improvements
along 8th Street, because I oversaw that project. That's why I
personally happen to know about that one. Whether it's been used
elsewhere, I do not know.
It made tremendous improvements in those portions of Naples
Park, but we never got 50 percent of the people to come to the board
with a petition to say yes, do it. We had a minority, a very vocal
minority, who had come, so the board on its own opted to establish
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that.
I'm not aware of them doing it since then. But the committee
wanted the board to see that there is a desire for the board to be
willing to take that step. Hence this policy.
COMMISSIONER MURRAY: Okay--
MR. WILEY: Essentially this is going to be an eye opener
when it gets to the board also.
COMMISSIONER MURRAY: I would think.
And lastly, under Objective 2.5, I've marked out here, to
eliminate or reduce deficiencies to the maximum extent practicable
and within a time frame. I suppose the chairman's statement is also
financially feasible is appropriate here too, do you not agree?
Says maintain the stormwater conveyance system. I mean, I'd
love to think that we could have a budget suddenly that would take
care of what is a horrendous problem for many people. I don't think
that that's going to be possible. So the question then comes up.
CHAIRMAN STRAIN: Mr. Murray, your financially feasible
point, you're right. And your reference, Mike, ifl was thinking ofthe
same comment, I didn't there because the AUIR is really a financially
feasible document and it couldn't be in there unless it was. So that's
why I didn't bring it up, I wouldn't have brought it up on that one.
COMMISSIONER MURRAY: Yeah, okay, I can appreciate
where you're coming from.
My last go-around with the AUIR didn't prove to me that we did
really impact much in terms of change. But okay.
That's my questions for those. Thank you.
CHAIRMAN STRAIN: Any other questions on Page 52?
(No response.)
CHAIRMAN STRAIN: Bob, if we go back and start Objective
1.12, I'm going to read some ideas you might want to insert in the
paragraph.
Objective 1.12. It's on Page 52. We're on the same page. I
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\
didn't get to my questions yet. Middle of the page.
MR. WILEY: Okay. I was thinking 1.1.2. I was looking.
CHAIRMAN STRAIN: I'm sorry, 1.12 then.
MR. WILEY: There you go.
CHAIRMAN STRAIN: Okay. Enforce the building
requirements. And I would suggest inserting words that are adopted
by Collier County of the national flood insurance program. And not
allow -- and I would consider striking the word deliberate. Just say
not allow variances that are feasibly avoidable. That puts a heavier
onus on it whether it's deliberate or not.
So does any -- you have a problem with that?
MR. WILEY: No problem.
CHAIRMAN STRAIN: Okay. I think that would clean it up a
little bit better.
Objective 2.1, protect and restore, and I would insert the words
where financially feasible, wetland ecological functions to ensure
long-term environmental, economic and recreational values.
MR. SCHMITT: My only question on that is in some cases this
is laying out strategy that we're going to require developers to comply
with as well. And certainly that is the basis of a lot of what we
require for protecting of wetlands and protecting of -- or creating
preservation -- or preserves. And we don't care if it's economically
feasible or not, you have to do it according to state statute. Section
404 of the --
CHAIRMAN STRAIN: Well, then the word ensure, protect
and restore wetland ecological functions to, instead of ensure is there
another word that we can use? The only reason is there might be
some point where it can't practically be done.
MR. SCHMITT: Right, understand.
CHAIRMAN STRAIN: And we recognize that in the way
we've reviewed things.
MR. SCHMITT: That would be done through the permitting
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November 1,2007
process, through the Corps or the District's permitting process.
Because they're the ones that would -- they're the ones that permit the
impact of wetlands.
I don't know if I'm helping you.
COMMISSIONER MURRAY: How about just from ecological
functions for long-term environmental, economic.
CHAIRMAN STRAIN: Yeah, that would be -- take out the
words to ensure and just put the word for in there. Does that work? I
think that's a lot better.
Under Objective 2.4, I would -- there are different types of
special taxing districts. And the MSTU reference will raise eyebrows
because that means we have to reduce ad valorem impacts based on
MSTU impacts.
So why don't we just strike MS TU s and just say initiate special
taxing districts. And that way if there's a variety of those
methodologies out there, some of which don't attach ad valorem, they
have the option of going there instead of only this particular one.
COMMISSIONER MURRAY: Good catch, good catch.
CHAIRMAN STRAIN: Okay.
MR. WILEY: You're saying MSTU happens to be one of them.
That's -- just so I understand the special taxing districts --
CHAIRMAN STRAIN: Just take out the reference to MSTUs
and just say special taxing districts. That way the board can come up
with any kind of district they want to. And some may have less of an
impact on the ad valorem overall base and provide other
opportunities, so --
MR. WILEY: Good point.
CHAIRMAN STRAIN: That's it on 52 for me.
You want to go to 53. By the way, 53 is the last section of
GMP objections and policies -- objectives and policies.
Any questions on Page 53?
COMMISSIONER MURRAY: I do.
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November 1,~~7
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Ijust want to make a comment
on Objective 2.6. It's -- my little notation to myself was how long to
get involved. I mean, evaluate possible mitigation of coastal storm
surge and/or time surge. But you indicated that we wouldn't really be
able to do much about that in your power point.
MR. WILEY: The thought behind this situation here is if we
know we have areas that have a high tide situation that creates a
flooding, and that high tide is created because of a funneling effect,
you evaluate the ways to begin to interconnect so you eliminate the
funneling concept, is really what this is going for.
This was a specific objective that was put in by one of our
committee members because of a situation where he lives, he felt that
we needed to address it. Bay of Fundy effect is what I want to call it,
where the tide comes up, funnels down, drastic difference.
COMMISSIONER MURRAY: Like 40 feet.
MR. WILEY: But just a short distance away you don't have 40
feet of tide. It's that funneling effect. And that's what he's looking at
here. And it affected the neighborhood where he lives in particular.
He felt that that was one of the things he was observing there.
So we put the policy in. Again, we're using the citizens' input
here. Or the objective, I should say.
COMMISSIONER MURRAY: I think it's highly laudable. But
then we get back into that question about financially feasible. And I
suppose at the minimum that we'd want to relate to that.
CHAIRMAN STRAIN: Well, this one is -- Objective 2.6 is just
an evaluation.
COMMISSIONER MURRAY: And evaluation. Okay, well,
sure.
Well, I had essentially the same kinds of comments going down.
On Objective 2.10, open space and natural resources areas will
be managed to minimize flood hazards. What does that really mean?
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November 1,2007
How do you manage the open space in that sense? Dikes or what,
weirs?
MR. WILEY: In the situation of where you have open space, if
someone wanted to, as a part of an open space, berm it off, but it's
part of an area that could be used for floodplain storage.
There are some projects, for instance, that water comes more
onto than what they generate to flow off. And so we're saying
manage them in such a way that you don't have things separated and
cut up that they don't operate as a floodplain.
So it's going to be --
COMMISSIONER MURRAY: These open space --I'm sorry.
MR. WILEY: It's going to be sort of a unique situation for that
to happen, but I can see it happening in some situations.
COMMISSIONER MURRAY: These open spaces that you're
referring to, are they buildable, these -- we're all talking about
buildable spaces here, right? Developable?
MR. WILEY: In some situations they are buildable, except that
there is a requirement within the development regs you have to have
so much open space. And so you can come into situations with your
conflict being the open space is for what use.
And it's not a -- I don't say it's going to be happening a lot. But
the thought was out of the committee looking at those things, just
look at it so that you don't want that open space issue to be one that
would create a flood hazard or increase a flooding potential either to
that property or some neighboring property. And so that's really
where that comes from.
COMMISSIONER MURRAY: Well, what occurred to me was
the Bert Harris issues that might eventuate from something like that
as a constraint. I don't know. May have been reaching on that one,
but that's what came into my mind.
MR. WILEY: I'll give you the example of a small site. I won't
give you the exact property location but within the urban area of the
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November 1,2007
county there is a flowway. The property itself is entirely within that
flowway. And they wanted to come in and property line to property
line berm it, fill it up and build on it because they had the
development units that they wanted to put on it.
And we worked with them and worked with them and we just
told them, we says, folks, you can't do that because you're in a
flowway. And you've got -- they were an importer, meaning they
brought more water on their site than what they generated.
So effectively what we worked out with them to do was to pull
back and that left us open space to even scrape down a portion of it to
provide additional storage volume between the wet season water
table and that 100-year flood elevation. Provided a way for water to
flow into it, through their property and out. And so they managed
their open space, not just walk off and leave it, but they actually
improved that use of floodplain storage.
That's just one small example I can think of offthe top of my
head right now.
COMMISSIONER MURRAY: That's clear to me.
Under Policy 2.10.2, identifY, protect and where necessary
restore major. Should that also be financially feasible issue?
When you use the term where necessary, that suggests an
immediacy of need. And then we get into the conflict of financially
available.
MR. WILEY: Yeah, that's fine.
COMMISSIONER MURRA Y: So you don't mind that?
MR. WILEY: I do not mind that at all, that's correct. That's a
good one.
COMMISSIONER MURRAY: Okay. Then I found under
Policy 2.10.3, identifY, acquire, and where feasible construct
improvements on lands. What do you mean by the word acquire
there?
MR. WILEY: Give an example would be where you have
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November 1,2007
development that has restricted flow through a flowway from years
ago. But right next to the flowway you've got some upland areas that
if could be purchased, could be scraped down, could provide
additional room for the storage of that water on a temporary basis to
surge in and out. Those are the issues we're talking about here,
should that situation arise.
And it does have some locations where it would be very
possible to see that happen.
COMMISSIONER MURRAY: And of course that then
represents a question of how much you achieve by against what you
expend. And so it becomes again another financially feasible issue,
right?
MR. WILEY : Yes, sir, it does.
COMMISSIONER MURRAY: That's it for me, sir.
CHAIRMAN STRAIN: Any other questions on Page 53?
(No response.)
CHAIRMAN STRAIN: Mr. Wiley, up on Objective 2.7, that is
a difficult paragraph in regards to what you're asking professional
engineers to do, especially ones that didn't design the system that
they're now requesting to be certifYing as to their maximizing their
effectiveness of water quality and quality (sic) design.
I would suggest that we change some of the wording, and let me
read it to you.
Ensure that stormwater -- well, the word ensure is going to be
changed for sure. Reviewall stormwater system facilities are
properly constructed, operated and properly maintained.
And instead of periodically I suggest we put a time frame in,
whether it be two years, five years, whatever. And we need your
input on that.
Inspected and certified by a Florida professional engineer to
verifY the systems are operating as designed. They cannot after the
fact in these older communities certifY that they're functioning at
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November 1,2007
their maximum effectiveness of the water quality and quantity design
because standards have changed so rapidly.
I don't know any engineer you'd get to do that in this county.
MR. WILEY: No, I agree with what you're saying. VerifY the
systems are operating as designed.
CHAIRMAN STRAIN: As designed, right. That's all they can
do at that point. And I think periodically I certainly think -- see, this
is going to be an HOA's cost. They're going to have to pay to have
an engineer come out every so much time and say yep, everything is
working okay.
Some engineering firms will get into, you're going to have to
inspect pipes, underwater facilities, catch basins, grading. You have
all kinds of issues you're going to get into, and it could be rather
expenSIve.
And I don't think it needs to be done on a basis that's short lived.
I think it's something that you may want to want look at every two,
four, three years, something like that.
MR. WILEY: Okay. Let me show you where we're going with
this. And Joe's talking to me at the same time so I got a little bit
divided attention here, sorry.
We have within the interim watershed regulations that are
actually heading in through the second LDC amendment cycle for
this year. It requires at least every three years that inspection take
place.
Now, we let this one be a little bit looser so that it doesn't
establish the actual detail of the implementation policy, it just says
have it done.
Also, where we're coming in with the proposed amendments to
our flood damage prevention ordinance in 2008, we're going to
tighten it up even a little bit tighter than that, if we're able to, so that
to better comply with FEMA's requirements it would be that any
development which is approved after that particular ordinance
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amendment is adopted, they would have to do it annually. It's the
existing ones that would have the spread of years out from there.
Now, that is to -- FEMA says they want everyone inspected
every year. We're saying folks, that's not practical. There's no
justification for it. So we're trying to work that one through. But
right now the interim regulations are saying at least every three years.
CHAIRMAN STRAIN: Then if we leave the word periodically
in we can work it out in the LDRs.
MR. WILEY: Yes, sir, that's what we're working on.
CHAIRMAN STRAIN: Does the rest of the language I think I
suggested work okay for you?
MR. WILEY: Just want to make sure I got the wording at the
very start. You said review, and then I got lost there as to --
CHAIRMAN STRAIN: Well, the last -- where the word
maximize starts, strike the rest of that sentence.
MR. WILEY: Yeah, I got that stricken --
CHAIRMAN STRAIN: Well, no, the rest of it stays. I mean,
basically review all stormwater facilities for their -- to assure they are
properly constructed -- actually, the construction isn't an issue. The
construction is going to have already occurred. It's going to be
certified and going to be compliant, otherwise you guys won't issue
COs and acceptability of the system.
So I don't think construction is an issue here as much as
operation and maintenance is.
MR. WILEY: That is true. We already require it for the
construction. However, we come into a situation here that if you have
a maintenance issue that requires them to reconstruct it, well, that's
considered a construction too with what new stuff they would put in.
CHAIRMAN STRAIN: Right. But if they had a maintenance
issue that requires reconstruction, wouldn't you require a permit?
MR. WILEY: It would be considered -- as long as they replace
it like kind to like kind it would still be original so it would not
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require a permit, as far as I understand.
If they proposed to upsize or something, that would be different.
CHAIRMAN STRAIN: Okay, here's what I -- here's what I
think you're going to have a hard time having an engineer certifY, that
something that's buried underground for 15, 20, 30 years, that the
pipes and everything else were constructed properly. He's not going
to know that without digging the whole system up.
So how do we build what you're looking for in here without
putting that liability on an engineer who could basically end up
getting sued by a HOA for something he had nothing to do with just
because he had to certifY this because you required it?
MR. WILEY: The issue here also deals with -- how do I say
this without pointing fingers. But I guess I have to point fingers. A
developer comes in for development. He gets done with
construction, it's built, and then the record drawings are submitted to
the county.
Now, the records drawings submitted to the county that come to
us, the engineer signs and seals them, but he clearly says he's just
doing this because that's the information he received from the
contractor.
Now, I know of a particular situation, the plans were certified in
the ground and then we never had any problems for a couple years
until it started to rain, because we'd had a couple dry years. As it
turned out, there never were any connections made between the lakes
because the contractor in building the things, connecting lake to lake,
well, he just happened to brick them up so he could dewater between
lakes. He never took the bricks out. But he didn't tell the engineer
this, he just simply gives the engineer the plans.
So the engineer certifies, thinks everything is all ducky since he
never looked through every foot of the pipe.
And so those are the kind of situations, well, if in his inspection
he sees that this is blocked off, he knows it wasn't constructed right.
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So you begin to see that it really gets some wild situations out
there that we start inspecting things and we don't find what we're
supposed to.
Also you find it was supposed to have been a certain size pipe.
Well, the contractor just didn't happen to tell you he didn't have that
pipe so he stuck something else in.
And we're trying to make them, if we find through the
maintenance issue we find a deficiency, we want them to go back and
reconstruct it to what it was supposed to be.
Now, perhaps you can give me some better wording here, but
these are why we're addressing it this way.
CHAIRMAN STRAIN: I'm working on some here. Review all
storm water system facilities for proper operation and maintenance,
and where repairs are necessary for proper construction, and
periodically inspect and then certifY by a proper professional Florida
engineer to verifY that the systems are operating as designed.
Now, it's a little choppy but that's kind of the direction --
MR. WILEY: But it got the message across. Now if! canjust
get that. I'm lost on it, so --
CHAIRMAN STRAIN: Okay. Review all stormwater system
facilities for proper operation and maintenance and where repairs are
necessary for proper construction, and periodically inspect and
certifY by a professional engineer that all systems are operating as
designed.
COMMISSIONER MURRAY: Mark?
CHAIRMAN STRAIN: Donnajust had something, too. So let
me get her first, then you, Bob.
Donna, did you?
COMMISSIONER CARON: Well, I'm thinking if you read
that back again, you just need to break that up into more than one
sentence. It sounds like there's a period missing and --
CHAIRMAN STRAIN: Bob, did you want to --
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November 1, 2007
COMMISSIONER MURRAY: I was just going to suggest that
we add -- now I've almost lost where it belongs, but the word
reconstruct, I think your maintenance and reconstruction.
CHAIRMAN STRAIN: And where reconstructed, for proper
construct --
COMMISSIONER MURRAY: And reconstruction.
COMMISSIONER CARON: You need to put a period just
before you get to where, I think. And again, I don't --
CHAIRMAN STRAIN: Let's try this. Reviewall stormwater
system facilities for proper operation and maintenance, period. Is
everybody -- that sounds good.
Where repairs are -- where reconstruction is necessary--
COMMISSIONER MURRAY: Oh, no, where repairs and/or
reconstruction, that's what I was trying to interpolate.
CHAIRMAN STRAIN: Okay. Where repairs and
reconstruction are warranted. Well, then, how do we fit in -- Bob, I'm
-- we're kind of doing this as we go along.
MR. WILEY: Yes, sir.
CHAIRMAN STRAIN: But maybe we should start out with the
words properly inspect and certifY by a professional engineer all
stormwater system facilities for operation and maintenance. And
where reconstructed or repaired for construction -- for construction.
COMMISSIONER MURRAY: No, where reconstruction or
repair is required.
CHAIRMAN STRAIN: Well, you wouldn't do it if it wasn't
required, though, right?
COMMISSIONER MURRAY: If that determination is made,
right?
MR. WILEY: Let's look at it this way. lfwe want just to strike
out the concern over construction. If you think about it, the engineer,
when he's out there he's looking at the system, seeing that it meets
what it's supposed to be and it's operating.
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CHAIRMAN STRAIN: It can't operate unless it's constructed
properly --
MR. WILEY: It can't, that's right.
CHAIRMAN STRAIN: -- so that takes care of it. Okay.
MR. WILEY: I think that's the way to go with it then.
CHAIRMAN STRAIN: Okay. Well, then let's go back to
where we had, because I want to make sure we get in there that the
verifYing the system's operation as designed, not to standards today.
That's important. Because you won't get anybody to certifY it any
other way.
Review all stormwater system facilities for proper operation and
maintenance, and provide periodic inspection and certification by a
Florida professional engineer to verifY systems are operating as
designed.
COMMISSIONER SCHIFFER: I mean --
CHAIRMAN STRAIN: Brad?
COMMISSIONER SCHIFFER: I've got a simpler way to do it.
CHAIRMAN STRAIN: Well, we're looking -- we got -- this
one's got to be rewritten, so --
COMMISSIONER SCHIFFER: Here's what 1 would do. I
would get rid of the words ensure that, and I would say, all
storm water systems are to be properly constructed, operated and
maintained and periodically inspected -- just go through the rest of
the sentence.
I mean, your concern is the maintenance of the thing that the
inspector would be looking at to make sure there's no problems there.
CHAIRMAN STRAIN: Why don't you say that again.
COMMISSIONER SCHIFFER: What it is, get rid of the words
ensure that.
CHAIRMAN STRAIN: Okay. Start with the word all.
COMMISSIONER SCHIFFER: All stormwater system
facilities, and then get rid of are and put to be. And then keep it the
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November 1,2007
way it is.
CHAIRMAN STRAIN: To be constructed.
COMMISSIONER SCHIFFER: To be properly constructed,
operated, maintained and periodically inspected by a certified Florida
engineer to maximize effectiveness of the water quality and quality
design.
CHAIRMAN STRAIN: Okay. But after, I would strike from
the word maximize to the end and replace it to verifY systems are
operating as designed.
COMMISSIONER SCHIFFER: I mean, I read that last part as
that if the guy could look at and do something to make it better, I
mean, as we get smarter with these systems.
CHAIRMAN STRAIN: You can't obligate old establishments
to do that, Brad. That would be like going into, for example, Donna's
place up there and deciding -- a new engineer says, well, you know,
this system could have been designed better, rip it all out by this
ordinance and redo it. And you've got millions of dollars of damages.
MR. WILEY: And that would also go through the permitting
process and everything again, as soon as you change something.
COMMISSIONER SCHIFFER: Okay. Thank you.
MR. WILEY: I'm not trying to force that issue on them.
CHAIRMAN STRAIN: Right. So I like Brad's suggestion, it's
cleaner. Then after take out the words from maximize on and replace
with what I had earlier said, verifY systems are operating as designed.
MR. WILEY: So I make sure I've got it, it says all stormwater
system facilities are properly--
CHAIRMAN STRAIN: To be -- to be properly constructed,
operated, maintained and periodically inspected and certified by a
Florida professional engineer to verifY the systems are operating as
designed.
MR. WILEY: Got it.
COMMISSIONER MURRAY: That's good.
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November 1,2007
CHAIRMAN STRAIN: That works. Thank you, Brad, that
works real well.
COMMISSIONER MURRAY: Mr. Chairman?
CHAIRMAN STRAIN: Yes.
COMMISSIONER MURRAY: We're going to have a meeting
at 1 :00. It's 12:06.
CHAIRMAN STRAIN: Well, no, we said we wouldn't start
before 1 :00. So it doesn't mean it starts at 1 :00, we just don't start
before 1 :00.
So we can either have a choice, we can break for lunch and
come back at 1: 1 0 or we can finish up this document, which I
probably have three or more items on that page and then a general
comment on the last item on the page and that's it for me.
Bob, do you have much more?
COMMISSIONER MURRAY: Well, I have a few questions,
but I think they probably will go quick.
CHAIRMAN STRAIN: Then we could be another half hour. I
think probably we should take lunch now, then. How's that seem?
Then we'll come back and we'll finish a half an hour of this up.
When the school board gets back here, they'll have to sit through it.
And then we'll go into the school board concurrency.
Is that okay with everyone?
COMMISSIONER SCHIFFER: Aren't we really close?
CHAIRMAN STRAIN: Well, I don't -- it's hard to say.
COMMISSIONER SCHIFFER: I have only one comment and
it's not even on the objective.
CHAIRMAN STRAIN: Right. I've still got several to go
through, plus some general language.
COMMISSIONER MURRAY: Well, I just -- would you take
note on Page 54 as it relates to 53, if you've read it, you see that on
Page 53 it says I, then there's A. And then on Page 54 it says four at
the top. So it doesn't even seem to be in sequence. It seems
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November 1,2007 I
something might be missing. So that's one piece alone that has to be
brought out, qualified.
And I think the people here would like some time to be able to
do that.
CHAIRMAN STRAIN: Let's take a one-hour break and come
back at 1: 10 and finish this up. And then we'll go into the school
board after that.
So everybody, we'll take a break, be back here at 1: 10.
(Luncheon recess.)
(Commissioner Caron is absent.)
CHAIRMAN STRAIN: Welcome back to the planning
commission meeting. Before we broke for lunch, we were in the
middle of Page 53 on discussing items regarding the floodplain
management. I know the school people have come back from their
elongated break. We'll hopefully wrap this up within 20 or 30
minutes and we'll go right into school concurrency.
So Mr. Wiley, I think I left off on my questions on Page 53.
And my next point after we laboriously went through Objective 2.7,
we are now in Policy 2.9.1. And it talks about BMPs.
Implement best management practices as required under the
National Pollution Discharge Elimination System. And I was
wondering if we might want to add the language, where such BMPs
are adopted by Collier County.
I'm not sure what the National Pollution Discharge Elimination
System provides for their BMPs, and I'd be hesitant to accept
something without knowing that. And since I don't know what those
are, if we just say as adopted by Collier County then in the LDRs we
formally include those in and have an opportunity to debate them,
that might be helpful.
MR. WILEY: I'm not even certain that we have officially
adopted any BMPs. The BMPs are a program of recommendations
through the NPDES permitting that we know we have certain
16! 1 J I
November 1,2007
requirements to limit turbidity discharges, things of that nature. But
exactly what you do to limit that, I'm not certain that we have adopted
anything. I can inquire about that.
CHAIRMAN STRAIN: Are you certain that everything that is
in the BMPs under the NPDES are acceptable to practices currently
done in Collier County?
MR. WILEY: Well, they just showed me that Steve Preston is
here. He can probably address this quite well from the stormwater
management department.
CHAIRMAN STRAIN: Sure.
MR. PRESTON: Steve Preston, project manager for
stormwater management for the county. I'm the NPDES coordinator.
The NPDES program that's talked about in here, is a -- it's a
National Pollutant Discharge Elimination System permit for the
stormwater collection system. And that type ofNPDES permit is
called a MS-4 permit, which is a municipal separate storm sewer
system.
That program has a lot of BMPs that are required by federal
regulation, and they are part of this floodplain management report.
CHAIRMAN STRAIN: Are we currently operating under those
BMPs?
MR. PRESTON: Yes, we were, since 2001. That's in Exhibit
29 ofthis floodplain management plan. That outlines the BMPs of
the NPDES program.
And just to keep it short and address what you've brought up,
there are no structural or engineering BMPs. The BMPs for our
NPDES program are things like education, outreach, maintenance
and operation issues. But nothing structural or of a nature that would
cause, you know, large expense.
CHAIRMAN STRAIN: Well, I know silt fence placement and
maintenance is part of your NPDES rulings, aren't they?
MR. PRESTON: Well, that is another type of NPDES permit
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November 1,2007
for construction. And yes.
CHAIRMAN STRAIN: Are there any BMPs that apply to that
portion of the NPDES system?
See, I don't want us -- what I'm worried about is this is a very
broad statement, and I'm not sure what it could take in. And I wanted
to make sure that as long as it stays -- if it has to be written broadly,
it only takes in what we accept.
And that's all I was trying to do is get to a point that we weren't
unknowingly accepting something by the broadness of the statement.
Do you have a suggestion that -- how we -- that's why -- and
you said that you've been doing this, we've been using the BMPs that
are currently being utilized since 2001. In 2001 did we take some
action that made that happen?
MR. PRESTON: Well, in 2001 we submitted an application to
DEP, who is the administrator of that program for the EP A in Florida.
And they approved our outline. And Appendix 29 is a copy of that
outline that was approved by DEP.
As far as the sediment and erosion control portion of that plan,
we're not doing anything more than we have already. In other words,
this county already had sediment and erosion control inspection
budgeted within, you know, their engineering services plan of action
before NPDES came. So we're able to utilize an existing county
program for that.
And there are no additional sediment and erosion control
requirements of the county really or of contractors that are above
what was in place before NPDES came along, except a matter of
paperwork, filling out an application and paying a fee.
CHAIRMAN STRAIN: Ifwe added a line to the end of this
after the last -- before the period to the fact that say where such BMPs
have been accepted and practiced by Collier County, is that -- would
that get everything we need to? Again, I -- I don't like the blanket
statement. I think that blanket statement requiring us to accept any
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BMP that's developed, I'm not sure. Ifwe haven't got to do that now,
I don't know why we would want to put ourselves in that position,
unless we had the opportunity to review those BMPs and accept the
fact that we may want to use them and currently utilize them.
That's my only concern. This is an unknown and I don't like
unknowns in our code because it always got -- many times it can get
us in trouble.
MR. PRESTON: I agree with your reasoning. And I don't think
there will be anything lost here by making it general.
CHAIRMAN STRAIN: Okay. Then, Robert, does that sound
acceptable then to you?
COMMISSIONER MURRAY: Could I ask a question?
CHAIRMAN STRAIN: Sure, go ahead, Mr. Murray.
COMMISSIONER MURRAY: What if we in 2001, Mr.
Preston, in 2001 if the county sought to have permit MS-4, what was
the compelling reason?
MR. PRESTON: It was a federal regulation that communities
that operate a storm water management collection system that have a
particular population size and density are required to have the NPDES
permit.
COMMISSIONER MURRAY: And the permit has certain--
sets out certain requirements?
MR. PRESTON: It does.
COMMISSIONER MURRA Y: And those requirements are to
your knowledge not in conflict with any of the current adopted county
requirements?
MR. PRESTON: That's correct.
COMMISSIONER MURRAY: And in furtherance of the
chairman's question, are there any requirements to your knowledge in
that permit that exceed the current county requirements?
MR. PRESTON: No. There were in the beginning in 2001, but
we have worked with existing county programs, changed them where
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November 1, 2007 1
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needed to -- and they were minimal changes.
COMMISSIONER MURRAY: And do permit changes come
down -- do the various requirements come down as modifications in
some form from time to time from that organization?
MR. PRESTON: Yes, they do. This is a new permit. The one
that we received in 2001 is a five-year permit. You may be familiar
with the TMDL program, total maximum daily load program, which
is another water quality regulation program in Florida. This
particular NPDES permit will be reopened. We'll reapply for it in
fact this year for another five-year period. And the TMDL program
will affect rules of the new permit.
COMMISSIONER MURRAY: So ifthere were changes that
this county thought were onerous or even potentially dangerous
financially to us, we would -- would we exceed, we would just simply
request the permit to be modified? Well, they'd modify the permit.
Would we request to have another permit?
In other words, what I'm trying to find out is that are we being
subordinated to it or are we willingly accepting everything because
we believe their best management practices entirely fit our situation?
MR. PRESTON: Well, the structure of the permit is such that
the regulations allow a customizing of the permit regulations for a
community. So there is room for negotiation, as long as a baseline
amount ofBMPs are applied.
But, for instance, Collier County may have a different list of
BMPs that we implement that are different than Sarasota County or
Hillsborough County. They do allow us to customize.
COMMISSIONER MURRAY: And that's stipulated in the
permit itself?
MR. PRESTON: Yes.
COMMISSIONER MURRAY: Then that sounds to me like
that we're going after what we want to go after.
My thought was as well, I think the chairman was concerned
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November 1,2007
that we were going to become subordinated and excessive costs
would be placed upon us to comply with requirements that are really
effectively not of import to us.
MR. PRESTON: Well, so far we haven't met that circumstance.
But with the changes coming up possibly in 2008 and '09 with the
TMDL program, there could be some costs. But we haven't seen any
ofthe regulations or changes yet, so there's nothing to react to at this
point.
COMMISSIONER MURRAY: Mr. Wiley, would we have the
opportunity to review any of that? Or once these are made into GMP
amendments or GMPs, would that -- we would no longer be able to
see that, be aware of that?
MR. WILEY : Well, no, you can always -- when we get to the
implementation stage, such as what Steve is talking about here,
negotiating out and working with the permit, this just sets the
direction for resolving issues, floodplain management-wise of where
you're trying to go. This is not the final result anyway as we've
already talked about earlier today.
But I do want to incorporate the language, if you could repeat it,
so I can get it written down here.
CHAIRMAN STRAIN: Oh, yeah, I do. Let me get back to
where we started.
Add the language at the end of the sentence, where such BMPs
have been accepted or are in practice in Collier County. And that
covers it.
MR. WILEY: Okay.
CHAIRMAN STRAIN: Okay?
MR. WILEY : Yes, sir.
CHAIRMAN STRAIN: 2.9.2. We're back to that word ensure
again. And I guess we want to review BMPs for stormwater pollution
abatement against flood -- increased flood risk or something to that
effect.
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November 1, 2007
MR. WILEY: Review them to not increase flood risk, maybe?
CHAIRMAN STRAIN: Yeah, that would work. I just want to
get away from the word ensure. I think that's dangerous.
Policy 2.10.1. This one I think needs some words omitted and
added. Manage, restore and/or enhance habitat areas, linkages in
quarter segments where practical and financially feasible. And drop
the words to the greatest extent.
MR. WILEY: Okay.
CHAIRMAN STRAIN: Then 2.10.3, after the word -- it says
identify, acquire and where -- after the word where, I would go where
practical and financially feasible.
MR. WILEY: Okay.
CHAIRMAN STRAIN: And then at the end of that Policy
2.10.3, you start with a paragraph about a 10-year strategic plan. And
it goes on to the following page. And it's all nice and fluffy stuff, but
it doesn't mean much of anything. So I'm wondering why did you
have it here?
Is it a requirement of somebody to put it there?
MR. DeRUNTZ: Mike DeRuntz, principal planner with the
department of comprehensive planning.
As it states there, this is statements of policy and direction of the
Board of County Commissioners. And I was just reflecting those
particular sections that I felt were applicable from this 10-year
strategy plan that are -- you know, coincide with the direction of this
floodplain management plan.
So that's why the numbers are out of sequence, like you say. It
should go A, B, C or D. It should be A-I. Well, actually the one that
I was citing here that -- you know, that was a particular. There's like
B-3 or -- and as it goes further on under growth management, under
2-C, number two wasn't included because I didn't think it was
relative to the floodplain management plan.
CHAIRMAN STRAIN: Mike, the policies and objectives I
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understand will eventually go into GMP language and we'll be
reviewing that again.
What happens with that paragraph that starts discussing this
10-year strategic plan with all that, as I call it, fluff? What happens
with all that?
Is your positioning of it here under the premise it's going to go
into the GMP, or what were you putting it in here for?
MR. DeRUNTZ: That these goals and objectives and policies
were meeting the 10-year strategy of the Board of County
Commissioners.
CHAIRMAN STRAIN: Okay. But I mean, is it going to be
part of any kind of format for adopted language?
MR. DeRUNTZ: No.
CHAIRMAN STRAIN: So it's just like the rest of the preamble
to this whole discussion. Pages 1 through 49 are really a history or
background of how you got there and this is just more of a way of
how you got there.
Okay. So the meat of to day's issue really began on Page 50,
took us to the next to the last paragraph on Page 53.
MR. WILEY: Yes.
CHAIRMAN STRAIN: Okay, that's the work product.
MR. WILEY: And then if you wanted to look at the actual
action plan statements, they show some efforts that will be used to
begin to implement the work product you have here, the goals,
objectives, policies statements.
CHAIRMAN STRAIN: See, those action plans will be now
subjective to the language that we just worked on.
MR. WILEY: Yes, sir.
CHAIRMAN STRAIN: And that language we just worked on
in my opinion will redirect those action plans to a more feasible
manner.
We could spend another two hours reviewing the action plans,
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November 1,2007
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but actually, when you try to implement them based on the language
we just got done working up, you might have a whole different way
of presenting it to us than is being presented here by the time we get
to that point in time.
MR. WILEY: It's possible, yes, sir.
CHAIRMAN STRAIN: Myself, I don't have any questions for
the rest of this booklet.
COMMISSIONER SCHIFFER: Couple, Mark.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Page 57, property protection
activities. You make a statement in the first paragraph of that down
probably three-quarters, electrical transformers and related facilities
may be located below the flood -- the base flood elevation. Provided
they have an engineer or architect certification, it will not adversely
affect the structural.
But I think the code won't allow you to put electrical stuff
where they'll be damaged, too. So why -- can you take that sentence
out of there?
MR. WILEY: Tell you what, I would prefer that you let me go
back to our electrical code people and just clarify what was meant by
that statement.
COMMISSIONER SCHIFFER: Okay.
MR. WILEY: If that's okay.
COMMISSIONER SCHIFFER: Just because I don't think
FEMA wants us to ruin all that equipment. Granted, it might not
structurally damage the building, but it -- my next thing is Page 59,
I'm confused a little bit.
Let me wait till Bob's -- see the chart you have there, in the
bottom there's industrial development, and it says 50 percent, not to
exceed 25 percent. I'm not sure exactly what that means.
MR. DeRUNTZ: Mike DeRuntz, principal planner with
comprehensive planning.
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This section was provided for easy read, but these are existing
Land Development Code regulations for native vegetation
preservation.
COMMISSIONER SCHIFFER: So you inherited that wording,
whatever it means. Just double check to make sure it's properly put in
there.
MR. DeRUNTZ: Yes, sir.
COMMISSIONER SCHIFFER: My next question would be on
Page 66, E, building codes. Are you there, Robert?
MR. WILEY: Yes, sir.
COMMISSIONER SCHIFFER: I think that would work better.
There is such a thing as the existing building code. So rather than
review just that, I think if you worded that, that the director will
review the governing building codes for Collier County, that would
be better.
MR. WILEY: Very good.
COMMISSIONER SCHIFFER: And by the way, there's no
acronym in your list for FMPC, which is the prime acronym you
should have in there.
MR. WILEY: Okay.
COMMISSIONER SCHIFFER: And that's it.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRA Y: Just in general, in the recitation
from Pages 65 on, there's the statement, budget staff time and
materials, operating funds, and it talks about fees in some instances.
And in two instances it talks about capital funds. And I was just
surprised that there would only be two instances where capital funds
would be applicable, as opposed to the presentation that you gave
which seemed to be so many things that you would like to do.
I was surprised. Does that mean that you have determined sort
of the strata of where these things belong? Because if we're
dependent upon operating funds, aren't we somewhat limited?
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Of course we're limited in capital, too, but might be able to
make a case for capital with a hard effort.
MR. WILEY: This is intended from the position of the
committee putting this together as essentially a first cut effort of
where we think the funding is coming from.
Ultimately it will come down to when it gets to implementation
that decision is being made by the Board of County Commissioners.
This is just our thoughts of which side ofthe funding issue would be
supporting it.
So we're not being definitive of where this is definitely coming
from. This is just where we think it's probably coming from here.
COMMISSIONER MURRAY: That goes back to my earlier
question about a master plan, which leads to a timeline against
various things. In the absence of those, I guess you're waiting for
them to bless it so you'll develop a plan, or --
MR. WILEY: With the development of the watershed
management master plans, that's already funded through the Board of
County Commissioners over the next couple years. There is funding
established for that. And that's capital dollars for that particular
effort.
COMMISSIONER MURRAY: And will there be new fees
associated with these or are these all contemplated as ad valorem or
whatever taxes? Besides MSTU, which we have stricken now and
we've suggested to you that they be whatever taxation format that
you choose.
MR. WILEY: Right. The imposition of new fees may come
about, but again, that's a decision that will be made at the budget level
by the board and the county manager, have to go through the budget
process.
We're not envisioning that, although it seemed like it's a whole
lot of additional work. The majority of what you see here is stuff
that's already going on, it's just never been documented and
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coordinated into a single point of recognition.
So there's not a generation of a lot of additional fee expenses for
the operating fees and the staff that are already out there doing the
work.
COMMISSIONER MURRAY: I'm very happy I asked that
question because I like the answer that I received.
MR. WILEY: The capital side of it could be quite substantial,
but again, that's where it falls into the AUIR and the improvements,
primarily through the stormwater management department.
COMMISSIONER MURRAY: Thank you very much.
CHAIRMAN STRAIN: Any other questions on the remainder
of the book? Any other questions? Anybody in the public wishing to
speak on this issue?
(No response.)
CHAIRMAN STRAIN: Mr. Wiley, thank you. I think now
you're looking for a recommendation from us as this moves forward.
Brad?
COMMISSIONER SCHIFFER: I'll make that motion. Is that
what you're looking for?
CHAIRMAN STRAIN: Sure. I was going to ask, just for
clarification, the only part of this book that I think is relevant to the
planning commission at this time is the pages 50 through 53, which
involve the GMP goals and policies.
There's a lot of other stuff in here, but it's either incomplete or
not fully defined at this time that I think will come out of a further
refinement of the LDR.
So my recommendation for a motion would be that we
recommend approval of the GMP goals and policies as we have
modified at this meeting. And that's the part of the book that we'd be
recommending approval on. Is that consistent with what you would
need from us, Mr. Wiley?
MR. WILEY: Well, we would need your recommendation for
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the Board of County Commissioners to consider this as the floodplain
management plan for them to adopt and incorporate into the hazard
mitigation plan.
CHAIRMAN STRAIN: Well, the part that you're going to
adopt and incorporate into codified language, though, is the goals and
policies of the GMP. The history and all that, I certainly can't debate
that with you. But what -- is that --
MR. WILEY: That goes into Chapter 7 of the county's hazard
mitigation plan. This whole document basically goes into that as
Section 7. It's called the floodplain management plan.
CHAIRMAN STRAIN: Why would a -- I know bureaucracy
thrives on way too much paperwork. Why would we need to restate
the history of all this stuff into this plan when the only succinct part
of it that is really necessary to operate by are the GMP goals and
policies that have been discussing here today?
MR. WILEY: I don't disagree with you from that standpoint.
It's just that we are required for the floodplain plan to address all these
issues, be complete on its own for us to send it to FEMA for their
reVIew.
So that's -- and then we -- the way we did it within the hazard
mitigation plan was a way to incorporate it into a single unified
overall document that FEMA allows. We could have this as a
separate freestanding document, but we chose to not. We chose to
coordinate it, because you have to address flooding in the county's
hazard mitigation plan anyway.
So the document gets thicker and thicker. We have the thickest
section in the hazard management plan now by incorporating this in,
but that's -- I'm just simply saying we need to have the Board of
County Commissioners accept this as the floodplain management
plan somewhere along the line, and usually we get your
recommendation recommending that they consider it for adoption.
So if you want to only say the goals, objectives and policies, I
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suppose you can. Ultimately the board has to look at adopting the
whole plan, though.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: This document, if it were given
to us in totality, would be 800 and some-odd pages long, wouldn't it?
MR. WILEY: Yes, sir.
COMMISSIONER MURRAY: So you're really basically
asking us if, on your idea, to agree to approve 800 and some-odd
pages, most of which we didn't review.
MR. WILEY: Yes, sir.
CHAIRMAN STRAIN: Well--
COMMISSIONER SCHIFFER: Well, Mark, why don't we use
-- we could do two motions, really. One is we could accept this,
which doesn't mean we've approved everything, as the floodplain
management plan and make that recommendation.
And then since we did spend pretty focused time on the goals
and the objectives to achieve the goals, we could make that a separate
motion.
MR. WILEY: And that's fine. I just want to make sure that
through the planning commission we do get a vote recommending
that the Board of County Commissioners accept this and adopt this as
the floodplain management plan in its entirety.
COMMISSIONER SCHIFFER: Which is an element of the
mitigation plan.
MR. WILEY: Which it will become Chapter 7 of the hazard
mitigation plan, yes, sir.
CHAIRMAN STRAIN: Well, I think it's important that there's
a distinction made between what we're reviewing as a working
document and what we're reviewing as a text document for support.
MR. WILEY: Yes, sir.
CHAIRMAN STRAIN: Your text document for support part of
this is everything but the goals and policies. The working part of it is
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the goals and policies. And I have no problem with the goals and
policies based on the corrections we made here today. And that's
fine.
And I have no problem with the text part of it being entered into
the record as a basis for the floodplain management, if that works for
where you were going?
COMMISSIONER SCHIFFER: I do like the word accept. In
essence, compared to anything else, this is the one we accept, so --
even though it does inherit a lot of information, that would be
common to any floodplain management plan.
MR. WILEY: It is a requirement for all of them, yes, sir.
CHAIRMAN STRAIN: Brad, to try to iron this out, you're
suggesting two motions. One would be to accept the text of the
document as the basis for the floodplain management plan, we
recommend to accept the text.
COMMISSIONER SCHIFFER: I would say as the floodplain
management plan. The word basis I don't think helps.
What Bob has to do is show FEMA that it went through all the
local planning agencies.
MR. WILEY: Yes, sir.
COMMISSIONER SCHIFFER: And that the basis means
there's an allusion to something else.
CHAIRMAN STRAIN: Okay. So accept the text of the
floodplain management plan.
COMMISSIONER SCHIFFER: Right.
CHAIRMAN STRAIN: Recommend to accept text of the
floodplain management plan and then to recommend approval of the
GMP goals and policies as modified at this meeting. Is that --
COMMISSIONER SCHIFFER: We could actually stop at the
first amendment, because what we've done for Robert is we've run
through and word tweaked what will ultimately come back to us
anyway when it's trying to get into the GMP. And at that time it
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would be a time to make a motion on that. We did service by
reviewing it and by reviewing that area.
So I would just say -- I think what Robert needs to walk out of
here is just the motion to recommend accepting this as the Collier
County floodplain management plan.
CHAIRMAN STRAIN: Is that your motion?
COMMISSIONER SCHIFFER: That's the motion.
MR. WILEY: And incorporate into it the amendments you
made today.
COMMISSIONER SCHIFFER: As amended by today's
meeting.
CHAIRMAN STRAIN: Is there a second to the motion?
COMMISSIONER MIDNEY: (Indicating.)
CHAIRMAN STRAIN: Mr. Midney seconded.
Any discussion?
(No response.)
CHAIRMAN STRAIN: All those in favor, signify by saying
aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: All those opposed?
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER SCHIFFER: Oh,oh.
CHAIRMAN STRAIN: Three to three.
COMMISSIONER SCHIFFER: Why would you be opposed,
Mark?
CHAIRMAN STRAIN: Because 871 pages to me as a
management plan, especially when I don't know how those pages are
going to now react to the changes we suggested today to the goals and
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policies, concerns me.
871 pages, I mean, I read -- I didn't read every single page. I
went through every page. And I can tell you, there are pages there
just of e-mail addresses.
COMMISSIONER SCHIFFER: Correct.
CHAIRMAN STRAIN: And some pages have one e-mail
address and that's the whole page. I mean, I went on -- there's
probably 100 pages of copies of the LDC. I don't know if it's the
latest version. I don't know what version it is. I don't know what it
incorporates.
I don't mind accepting that text as backup to the goals and
policies that we reviewed, but from my perspective we only reviewed
the goals and policies, and that's all, under any circumstances, as far
as I'm going to go as far as recommending approval of it.
I don't mind recommending the text as acceptance for the
floodplain management plan, but I don't want the BCC to think that
the action plans and the implementation language that might exist
somewhere else in those 871 pages is being bought off on today. I'm
buying off on the meat of your work product, which is the goals and
policies.
I think you did a good job and I think it's cleaned up really well.
That's all I think is really needed out of this.
You have a need to have a whole plan put on record, and I have
no problem with that either. Put this plan on record. But personally I
can stand to the public and say when they come down and complain,
look what you've done to us, well, wait a minute, we looked at these,
nobody else was here, we did the best we could but those pages are
the ones we focused on and finished with.
COMMISSIONER SCHIFFER: But one thing, Mark, is we
used the word accept, not the word approved. So I think, you know,
the word accept --
CHAIRMAN STRAIN: We're not approving anything.
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November 1,2007
COMMISSIONER SCHIFFER: Right. But the word accept
doesn't mean that everything in there is perfect. It means that of all
the documents in the county, this is the one that you accept to be the
floodplain management plan.
Bob can't go away from here with a locked vote on whether this
is a good plan or not.
CHAIRMAN STRAIN: I'm not suggesting he leave here yet
with a locked vote. I'm suggesting we talk it out.
Mr. Kolflat?
COMMISSIONER KOLFLA T: Yeah, but you can't accept
something you haven't received.
CHAIRMAN STRAIN: Well, you did receive -- did everybody
receive the disc with the 871 pages on it?
COMMISSIONER SCHIFFER: Yes. And I went through that
whole disc.
CHAIRMAN STRAIN: This disc, Tor, it was in -- that should
have been in the folder, that had the bulk of the document on it, 800
of the 871 pages.
COMMISSIONER SCHIFFER: But in fairness, what that bulk
of that stuff is is just backup material. It listed all the people who
were on committees, it listed all the people that got certified mail, it
listed the mitigation meetings, it listed backup material. So I don't
think there was any policy or anything that was in that disc that is not
in this book. Is there, Robert?
MR. WILEY: No, there isn't. And even the changes that were
made today on the goals, objectives, policies statements, I don't really
envision that even within the action plan that it will really make
substantial changes to how those action items are implemented.
Because they reflect back.
And so if we changed and removed the word ensure, something
like that, it really still -- I don't think of something off the top of my
head that is affected in a major negative way. The intention of the
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action plan is still there to give direction for what the county's
program intends to do over the course of its life until it's revised
agam.
COMMISSIONER SCHIFFER: Mark, can I try another
motion?
CHAIRMAN STRAIN: Well, before you do, let me throw an
example out to -- maybe it will help your motion.
In the action plan under budget almost every instance it says
staff time and advertising fees. Okay, that doesn't tell me how much
you're spending on that particular item.
And if you go through the multiple pages that produced the
action plan, they all say that. I'm not saying that's bad, I'm just
saying, that's an open checkbook.
And right now I don't know why we would want to do that until
we get further into the process understanding how these how these
goals and LDRs are written.
MR. WILEY: Well, actually it's not an open checkbook. This
itself does not create any funding at all. This is the direction that, as a
part of the implementation efforts, we foresee it would be affecting
this portion of the county.
When we put the floodplain management plan together, we have
to show how we intend to fund the things. We had to come up with a
funding source. If it's activities that are already staff-generated or
already going on, that's why we covered it this way, because that's the
way we're already covering through operating of fees and some
situations with the capital program with the capital fees.
So we're not -- by these statements, we are not saying we're
allowed to spend "X" number of dollars. That is totally way down the
line for implementation purposes. This just gives the overall general
direction for FEMA to see that we're not saying we have an action
item but it's never been funded and never will be funded. That's what
we're trying to make sure they understand. We had to come up with a
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statement somehow.
CHAIRMAN STRAIN: Brad--
MR. WILEY: It had to remain generic.
COMMISSIONER SCHIFFER: Mark, isn't that similar to
when we do LDC amendments, you know, the fiscal costs is they'll
note staff time or stuff like that? They don't give us the dollar
amount. Actually, they usually note nothing. But when the people do
it right, they note staff time. So they're not specific to the dollar
amount either, and we make plenty of decisions like that.
CHAIRMAN STRAIN: Brad, I would suggest you break it up
into two motions.
COMMISSIONER SCHIFFER: Well, try a motion. You go
ahead, make the motion.
CHAIRMAN STRAIN: 1 recommend we -- I make a motion
we recommend to the Board of County Commissioners that they
approve the GMP objectives, goals, policies, as modified at this
meeting, as a part of this element.
COMMISSIONER MURRAY: Second.
CHAIRMAN STRAIN: Motion made and seconded. Is there
any discussion?
(No response.)
CHAIRMAN STRAIN: All those in favor, signify by saying
aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER SCHIFFER: I'll vote aye for it. But Robert,
do you walk out of here with a floodplain management plan?
CHAIRMAN STRAIN: I'm not done yet.
COMMISSIONER SCHIFFER: Oh, okay.
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November 1;1007
CHAIRMAN STRAIN: I said break it up. That gets us past the
most important part of the document, which is the working elements.
And by the way, we're going to run into the same thing in the
school concurrency. There are only four sections of that book we
really needed to focus on, but we're certainly not going to sit here
and approve the data backup to school concurrency. I don't expect us
to, because we can't debate it.
I can't debate the historical backup to the floodplain
management plan. I think it's fine and I think it makes up his plan.
And I would therefore make a recommendation that we accept -- we
recommend the board accept the text provided for the floodplain
management plan.
COMMISSIONER MURRAY: Text provided.
CHAIRMAN STRAIN: The text provided.
COMMISSIONER MURRAY: That's fine, I'll second it.
COMMISSIONER SCHIFFER: Isn't that the same as the first
motion we failed -- that we --
CHAIRMAN STRAIN: No, because you said the word basis
was objectionable to you, so I purposely didn't put that in there. We
basically are accepting the text for the floodplain management plan.
COMMISSIONER SCHIFFER: Move on, that's good.
CHAIRMAN STRAIN: Any other discussion? Anybody.
(No response.)
CHAIRMAN STRAIN: All in favor, signify by saymg aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
All those opposed?
(No response.)
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November 1,2007
CHAIRMAN STRAIN: Mr. Wiley, you got two
recommendations. I hope it works for you.
MR. WILEY: Thank you, sir. It will.
CHAIRMAN STRAIN: I'm looking forward to the return,
because that's when we'll actually get into the nuts and bolts of this
whole thing.
You guys did a good job, and I appreciate all the effort you
went through to involve the community. I'm sorry they didn't become
involved. They should have. But then again, when this happens and
they learn the lesson, they can't say they weren't -- didn't have a
chance to tell you.
COMMISSIONER MURRAY: Only the grandchildren will
learn the lesson.
MR. WILEY: As the committee has asked us to do, keep going
in this year and we expect if we do that in the right way, we'll get
more participation. Especially when we can show them what was
accomplished from last year's work.
CHAIRMAN STRAIN: I would agree with you. Good luck, sir,
and thank you.
Item #8E
PETITION CPSP-2007-7
Okay, the next item on the agenda is the continuation of a
discussion that occurred two weeks ago on Petition CPSP-2007-7. It's
the creation of a new public school facilities element, capital
improvement element and intergovernmental coordination element.
Last time we met we went through the interlocal agreement in
total. Staff has distributed to us their synopsis of that meeting in
regards to the changes recommended. There are some missing items
in there.
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Ifthere's no problem with procedure, I'd like to go into the other
elements that we need to review and then come back and clean up any
pieces before we make motions on the package. That way we're
looking at everything comprehensively. Does that work for you
guys?
MR. COHEN: Mr. Chairman, for the record, Randy Cohen,
comprehensive planning director. Staff would concur with that as
well and recommend that. Because all the items are inextricably
intertwined.
CHAIRMAN STRAIN: Good. Then I think the document we
would be moving to is the public schools facility element. And it's
labeled on the tab PSFE in your book. Is that the one that you all had
thought was the next one?
MR. De YOUNG: That's correct.
CHAIRMAN STRAIN: Good. We're all on the same page so
far.
COMMISSIONER KOLFLAT: PSE?
CHAIRMAN STRAIN: PSFE. It's the -- looks like it's the
fourth tab back. You see it?
MR. DeYOUNG: For the record, David DeYoung with
Kimley-Horn and Associates.
MS. TREV ARTHEN: And Susan Trevarthen, Weiss, Serota.
CHAIRMAN STRAIN: Thank you.
COMMISSIONER MURRAY: Randy, could you please turn
on the thing that makes this so I can hear?
Somebody has to talk, then I'll know.
MS. TREVARTHEN: T-R-E-V-A-R-T-H-E-N.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: Okay, I think the way we proceeded
last time was after -- we just take each element page by page, and
those that we have questions, we ask, and you guys proceed to tell us
where we're lost or how we can get back on track.
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Does that work for you today?
MR. DeYOUNG: Yes, sir.
MS. TREV ARTHEN: We'll do our best.
CHAIRMAN STRAIN: And the PSFE starts on Page 2,
effectively, with any written matter. Once everybody gets to Page 2
in the beginning of the top of the page, it starts with goals, objectives
and policies, public school facilities element.
So if you're all there, we'll just go page by page. Are there any
questions on Page 1 of this particular element?
(No response.)
CHAIRMAN STRAIN: Well, I have some. Let's start -- we
might as well start the debate up about the level of service.
We heard last time that FISH has a built-in buffer for certain
school elements. And we also discussed last time that the Florida
Statutes require the maximum extent possible in regards to the level
of service. Ninety-five percent is not the maximum extent possible.
And I know we touched base on it, and I'd like you to explain
again on this particular element why we shouldn't be using 100
percent.
MR. De YOUNG: Try to clarify as simply and quickly as
possible. There are several different ways to measure school
capacity. One of those is using FISH, Florida Inventory of School
Houses capacity, which is dictated by the state. That is a number
that gets assigned to spaces in a school -- permanent spaces in a
school and gives you a total number of students which could be
housed within a facility. If you said FISH is 1,000, then 100 percent
of that would be 1,000 seats.
With regard to another version, it would be program capacity.
Now, program capacity is the actual number of kids that are actually
in those classrooms based on the program that's being held in that
classroom.
An example would be English as a Second Language. A
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classroom that normally at an elementary level, which is, for K
through two, 18 students might not hold 18 students because that
special program only allows for eight kids to be in that classroom.
So there's a 10 student differential between -- in that classroom
between what's allowed by FISH and what's allowed by the program
that's being held in that classroom.
When we adjust the FISH, or adjust the level of service to 95
percent, what we're doing is we're taking into account the fact that
schools, especially elementary schools, have programs in them where
the seats -- all the seats in a classroom or that could be put in a
classroom are not there, because that classroom is being used for a
use, a special program that requires less seats.
CHAIRMAN STRAIN: Okay. I understand what you're
saying. And just for the record, the FISH in regards to high schools
has a 10 percent built-in buffer?
MR. DeYOUNG: The reason that there's a percentage
difference built-in buffer at high schools is because of the movement
for students between classrooms. All the classrooms are not being
used -- can be -- kids can be in different rooms at different times,
whether it's Phys. Ed or some other use, cafeteria, and those
classrooms can be allocated. So they put a buffer in for FISH for that
reason. At elementary school they do not have that buffer, the kids
are in the classroom the full day.
CHAIRMAN STRAIN: In the middle school they have a
buffer?
MR. DeYOUNG: There is a five percent buffer.
MS. TREV ARTHEN: And I just wanted to add, we have some
data that we received from the recent numbers on this year's
enrollment and capacity. And, for example, in some of the schools
within the school district, the FISH might be 1,005. But the program
capacity might be only 960 kids.
So that's like the cumulative impact of here's a learning disabled
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classroom, here's English as a Second Language, here's other kinds of
special programs that for various reasons we cannot have 18 kids in
the room even though class size and FISH would presume that we
have 18 kids.
CHAIRMAN STRAIN: Okay, I understand what your
argument is. But it also brings into play another argument. Are you
familiar with your impact fee study?
MS. TREVARTHEN: Generally.
MR. DeYOUNG: Yes.
CHAIRMAN STRAIN: Okay. What percentage use do you
think that's based on?
And I know, I can tell you, but you may not believe me, so I'm
going to ask and see if you know it first.
MS. TREV ARTHEN: I haven't looked at it recently enough. I
wouldn't want to quote a number.
CHAIRMAN STRAIN: It's 100 percent. I've done the back
calculations, because you don't state it that way, you state the total
amount of square footage available, the number of students in the
system and then your multiplier ends up you're multiplying by 100
percent, not 95.
And that's fine, there's nothing wrong with that, except that if
you take the level of service you're starting to deal with here in your
PSFE, you've taken that and mirrored it in the CIE.
Now, in the CIE you've got to use the same level of service in
the 1.1.5 section that you utilize for your impact fees.
Well, now you have a disparity between what you've utilized
for your impact fee study and what you're proposing to place in the
CIE.
Are you guys planning to change your impact fee study?
MR. De YOUNG: At this time I don't believe that the school
district is planning on changing impact fee study for schools.
Just for clarification, are we talking about the student generation
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multiplier that's used to calculate the impact fee, or are we talking
about individual capacity?
CHAIRMAN STRAIN: I'm using the level of service capacity
that you've got at 95 percent. And what the impact fee study did was
provide total square footage of the schools and the number of
students. And instead of using -- and basically if you divide two of
those out, they're utilizing 100 percent of the square footage
available, not a lesser number.
Now, I don't know, if that doesn't seem to be a student
multiplier, that doesn't seem to coincide exactly. I don't know how it
coincides, but I do know that the CIE says -- Randy, you should be
familiar with the issue because I brought it up last Friday. I'd
certainly like to understand where you're coming from on it, because
the language in the CIE is very clear.
Impact fees shall be consistent with the adopted level of
services in 1.1.5. Doesn't say maybe. It doesn't say, as Mr. Tindale
wanted to argue, that well, that's flexible. No. Shall is not flexible or
-- I think it's will. Either word is not flexible.
And if we adopt this or this is adopted at a lesser level of service
than your impact fee study, then I want to know if there's a problem.
And if it is to be adopted at a lesser level of service, does that
mean your impact fee studies for the past number of years have been
wrong, or are you going to redo them? What's the outcome of that?
Does anybody have an answer?
Randy?
MR. COHEN: Commissioner, your point's well taken, and the
county attorney can reflect on this a bit.
The CIE in this particular document have to be internally
consistent with one another in the comprehensive plan.
You're probably also aware that our board adopted the school
impact fees as part of our -- was it part of the uniform adopted impact
fee ordinance? I believe it was. Because impact fee ordinances I
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think had not been adopted in over 10 years.
It's important that when we go through this document that we
remain, because these issues are going to come up throughout, that we
remain internally consistent.
So one of two things has to happen when we run into a situation
like this. Either the impact fee study would have to be redone
accepting a different level of service, or this document would have to
reflect the FISH capacity that's in the impact fee ordinance. That's
the disconnect that exists right now.
CHAIRMAN STRAIN: Are you familiar with the impact fee
ordinance that I'm talking about? Have you seen it?
MR. COHEN: I've seen it. I haven't looked at it in quite a long
time.
CHAIRMAN STRAIN: Okay. I've reviewed it and made an
assumption. You guys are the professionals that really wrote it with
Tindale, Oliver, whoever was the expert at that point. IfI'm right, it
needs to be corrected. If I'm wrong, you need to correct me.
So I need somehow to get a reading on this. And I don't know
how to do that right now here today, but it's something that I think
you all would want to address before it goes to the Board of County
Commissioners.
MR. DeYOUNG: Well, I think there might be some disconnect
from what we're trying to say and what's in the impact fee ordinance.
CHAIRMAN STRAIN: Good, then let's--
MR. DeYOUNG: The public school facilities element and the
level of service, which we also have, we're going to go through that in
a little while, that's put in the CIE are identical.
The impact fee, that takes a per student calculation. And it's not
just based on the schools themselves, but it's based on all
infrastructure improvements, the cost of land, to come up with the
calculation per student for the impact fee per household.
So, I mean there is definitely a difference. And that's why I
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brought up the conversation about the student generation multiplier
and the way you calculate.
CHAIRMAN STRAIN: Well, let me tell you what I got. On
Table 1 on the impact fee study on Page 6, it provides the school
type, elementary, middle and high, the total square footage for each
school, the number of student stations in each school, then the level
of service per square foot of student station. And it provides the level
of service that's there. And if you multiply -- if you divide those
back to see if they use 95 percent of the total square footage or 100,
they used 100 percent of the total square footage to determine the
number of student stations and then established a level of service
based on that 100 percent evaluation.
To me that seems like 100 percent usage. And that's what I'm
trying to say. If I'm wrong in that 100 percent of the square footage
to utilize a number of student stations divided by that produces your
level of service, it seems everything is based on 100 percent.
And I'm not trying to tell you now that your 95 percent is wrong
from a perspective of my knowledge. I'm just trying to make sure
you're consistent with the other studies that are out there.
MR. COHEN: Mr. Chairman, what I would recommend,
obviously we can't do this here today, but as part of your motion
when you get to that point in the future today that --
CHAIRMAN STRAIN: Boy, you're optimistic.
MR. COHEN: -- that the consultant get with our impact fee
manager and the consultant as well, too, and work out the differences
with respect -- if there are di fferences, with respect to the document
you see today and also the impact fee ordinance. And then we'll
move forward with the board with that recommendation. If there's a
problem, we'll point it out. Ifthere's not, we'll leave just it alone at
that.
CHAIRMAN STRAIN: Fair enough. But I certainly--
MS. TREV ARTHEN: I think we would agree with that
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approach. I'm not 100 percent sure that they can't be harmonized.
But we didn't participate. I think that was more of a county document
MR. COHEN: That's correct. The document was produced by
Collier County.
CHAIRMAN STRAIN: Well, the worst thing we could have
happen is adopt something that is inconsistent and that you get to a
point where it involves a challenge and we lose the challenge
because of that.
So all I'm saying is let's get it on the same page. And if you
guys could do that. What I would like to do -- I'd certainly like to
know the results of that, though, Randy, when you get--
MR. COHEN: Yes, sir, and we'll report back to you on that.
CHAIRMAN STRAIN: Okay. On that same page. This is back
to the impact fee study in a way. You talk about Policy 1.1.2 and
you're establishing the CSAs on less than a district-wide basis.
Throughout the Florida Statutes, I keep finding a recommendation for
the district-wide application to begin with, and then after five years
when we've got more fine tuned to go into the individual CSAs.
Now, we're going back to the impact fee study, because the
impact fee study, and I can read you the paragraph that says it, the
appropriate impact fee district for public education facilities is
countywide. So the impact fee study was based on a countywide, not
that that is wrong. I just kind of want to understand the discrepancy
between the two.
MS. TREV ARTHEN: I think those really are very different.
The reason the impact fee looks at county-wide is it is a unitary
county-wide school district and it makes a lot of sense to do it that
way.
CHAIRMAN STRAIN: I agree.
MS. TREV ARTHEN: The CSAs have a different purpose in
terms of timing development with the availability of actual seats.
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And while you read the statutes correctly, I'm not aware of a
single county in the state that has seriously thought of doing
county-wide. They work together, you know, and start this process at
the stafflevel, and as people start to look at the implications of that,
which means basically you could have 20,000 seats, and even if
there's a child who needs a seat in Everglades City and the seat's
available up at the northwest end of the county, that would be good
enough for purposes of concurrency.
And most people think no, that's not really the way the world
works, and we don't want to assume that this seat up on the coast in
the northwest corner is going to serve this child in Everglades City.
So this debate has been had everywhere, and I would say the
closest one I'm aware of is Walton County, which is very small and
rural, and they have three districts, that's the fewest number of
districts that I'm familiar with.
CHAIRMAN STRAIN: I would assume then that the
advantage to going district-wide is that you can have a -- it's more
easy to prove concurrency, because you have tight areas and less than
tight areas.
MS. TREVARTHEN: You would basically have a very -- it
would have to be a lot more extreme facts to have mitigation occur.
Even the really large overcrowded urban school districts, often if you
add it up county-wide, they are okay. The problem is the seats aren't
where the kids are. It's a mismatch.
CHAIRMAN STRAIN: Okay. Any other questions on Page 2?
(No response.)
CHAIRMAN STRAIN: Ifnot, let's move to Page 3. Any
questions on Page 3?
(No response.)
CHAIRMAN STRAIN: Give me a second. Oh, I've got a
question. You use the word conjunction in multiple parts of this
document. What does that mean in your terms?
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In, for example, Policy 1.104, the county, in conjunction with
the school district and municipalities. Does that mean they all have to
be in harmony and agreement? They all just review it?
Do we -- yes?
MR. DeYOUNG: They all review it in conjunction with each
other.
CHAIRMAN STRAIN: What if someone disagrees during that
review process with a particular element of it?
MR. DeYOUNG: Built into the end of the interlocal agreement
is a negotiation process.
CHAIRMAN STRAIN: So the ILA kicks in when this--
MR. DeYOUNG: The ILA is the base for this, really.
CHAIRMAN STRAIN: Under -- yes, go ahead, Mr. Murray.
COMMISSIONER MURRAY: I'm just going to say, under
Policy 1.1.3, under B, the sentence concludes with all the relevant
factors. How far are we exploring this? Are we satisfied with the
term other relevant factors?
Do you see where that is?
CHAIRMAN STRAIN: Yes, I do.
COMMISSIONER MURRAY: I'm really asking you I think in
this context how far we want to poke this thing.
CHAIRMAN STRAIN: A lot of this is language right out of
the Florida Statutes. That's why it's a little hard to --
COMMISSIONER MURRAY: Well, it's underlined, so I
wasn't sure. It's proposed by the school district.
MS. STUDENT -STIRLING: I talked to DCA about this
language, and it's worded that way because one size doesn't
necessarily fit all. And there may be factors related to one facility
that's not in others, so that's written that way to take into account
those factors that may relate to one particular school and not another.
It's just to give you -- you know, they can't up-front imagine
every scenario, so that's why.
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COMMISSIONER MURRAY: And I can appreciate that.
What is the cure for that ultimate, the ILA, the interlocal agreement,
should there even be an issue rising to that level?
MS. STUDENT-STIRLING: Yeah. And I think perhaps as we
go through this and apply it, we'll probably learn what those factors
may be and so we could cure it. But bearing in mind that this is
dynamic, and school building and so on is a dynamic process, so it's
probably always changing.
COMMISSIONER MURRAY: I appreciate that, and I
appreciate the qualification of it. Then I know enough where to stop.
Hopefully.
CHAIRMAN STRAIN: Any other questions on Page 3?
(No response.)
CHAIRMAN STRAIN: If not, we'll move on to Page 4.
Questions on Page 4?
(No response.)
CHAIRMAN STRAIN: Objective 1.2, the last line starts with
the adopted level of service standard established for each school type
as measured within the CSA. Is that the measurement process that's
provided in the ILA?
MS. TREV ARTHEN: Yes, that's the process of looking at each
individual application and how it impacts on the CSA.
CHAIRMAN STRAIN: On the bottom, 1.2.2.B talks about the
residential development that has approved functional equivalent of a
site specific development order as of the effective date of the school
concurrency program.
I can't remember, did we work out the effective date? I think
there was a question that Margie was going to resolve for --
MS. STUDENT -STIRLING: Yes, it's going to be March of
2008. And when we come to the LDRs questions, I'll talk about that
too. But I spoke with DCA on this.
One thing I do want to mention, because we had this issue about
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DRIs, and it's coming up, I pointed out to the DCA the conflict in
language for vesting for DRIs that exists in 163, and then the vesting
language that exists in the House bill. So they referred that to their
legal staff.
And I will be hearing -- I have not heard back from them yet,
and I expect to be hearing back from the legal staff on that point.
So I think that's something we need to deal with by the time we
get to the board.
MS. TREV ARTHEN: And that would be paragraph F. That
was jumping ahead to paragraph F.
MS. STUDENT-STIRLING: It's under the exemptions, and
that's where we're --
CHAIRMAN STRAIN: In regards to dealing with that, are you
saying DCA did not agree with the exemptions for DRIs? Or did they
MS. STUDENT-STIRLING: There are two provisions in the
law. The growth management law says that DRIs -- and DCA's
interpreted that to mean they are exempt from -- and new compo plan
or amendments, that preexisting DRIs are exempt from that.
But House Bill 360 contains language that is not found
anywhere in the Florida Statutes. Just comes at the end of it and talks
about the DRIs that exist as of the effective date of this law. Not
when the local government implements it, but this law can be exempt
if the developer does certain things.
So there's a disconnect between how generally DRIs have been
dealt with for the growth management law and then this new
language in the House Bill 360. So that is what DCA representatives
are taking to the legal department to give us a read on how this really
should be handled.
CHAIRMAN STRAIN: Okay. On Policy 1.1.2.B, again, where
it talks about any new residential development that has a final plat or
site plan approval. At some point when we had other changes to the
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code, developers would rush into the county center and get their
things date stamped so they get in before the code went into effect.
I'm assuming that we had allowed that to happen, because if
someone's already been in the process for six or eight months or three
months or whatever it is, to now kick them back all the way over
again because we have to have this language kick in might be
difficult. Because this wouldn't kick in unless they seems to have
their approval.
So if people that are in the system right now that are trying to
get through it, this goes into action, they have to stop, go back
through the process that you guys are instituting and then they can go
through the process -- then they can get back out again?
MS. TREV ARTHEN: You're correct that B does not represent
the pipeline that's currently being reviewed and thought about. It
only represents those things that are approved prior to the effective
date of school concurrency. And that's the way this has been him
implemented elsewhere as well.
CHAIRMAN STRAIN: But is that the way that's required by
Florida Statute?
MS. TREV ARTHEN: I think that if you wanted as a local
government to be more strict and look at dealing with some sort of
zoning in progress declaration prior to approval -- but really what
you're talking about is vesting the pipeline, whether or not they got to
approval.
CHAIRMAN STRAIN: Well, it says uses exempt from the
requirements of school concurrency. And here's where my concern
IS.
First of all, we don't have any acknowledged or any foreseeable
concurrency problem with the schools. Everybody that's in the
system right now is going to be out before the end of 2008 under
probably the worst case scenario.
So there's really no reason for them to be held up in the system
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any longer because we've implemented this since the time they
submitted.
It seems kind of unfair to go back now after they've gone
through so many months and submittals to say oh, we've implemented
a new rule, you've got to come back through again, when the net
effect of their coming back through is nil, it's zero because we don't
have a concurrency problem.
So why wouldn't we want to let this process apply only to those
after the date of effectiveness that have submitted. Prior to that date
if they've submitted and got date stamped, they're in the process,
they're okay.
MS. TREV ARTHEN: First of all, I'm not 100 percent sure that
every single school will be completely clear in year one. I would
stand corrected on that. I don't recall offhand.
But second of all, you could just flip that around that it's not
going to stop them, it's not going to result in a denial, it's just going to
be a matter of doing the review, which is not a lengthy review, you're
just talking a little bit of extra time for them to be reviewed and
affirm that the capacity is available.
I think the general rule is that the law that's in effect at the time
that they are approved should apply. And so if concurrency is in
place, it's March 2nd, and they're being approved on March 2nd,
generally they should be subject to that requirement and not vested
from it.
CHAIRMAN STRAIN: Margie, in the past can you recall how
we've done this? Do we have a regular way we do it?
MS. STUDENT-STIRLING: Mark, what you're talking about
was the outgrowth of the final order from -- you know, the '99 final
order where if you're going to call it a vesting provision was written
into that. And that was further back in the process for when you
submitted instead of when you got your approval.
And then the county kind of grabbed ahold of that in some
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subsequent provisions it wrote in its land code to vest projects. And
so that's how that came about.
I don't know that -- I don't think we necessarily have to use that
again here. That was an outgrowth of that other process.
CHAIRMAN STRAIN: Okay. And Mr. Schmitt, I know that
you're -- probably don't want to get in the middle of this fray, but I
was just curious as to where your department might stand on this
issue, if you have one at all.
I guess you made the misfortune of staying here this afternoon.
MR. SCHMITT: In regards to -- in regards to this, it would
really not take effect until we issued a Land Development Code from
the standpoint of when we would identify a date for submittal. And
normally, like any other, a change in the building code or any other
type of forthcoming code, we do allow for something that comes in to
be under the previously existing code at the date that it came in, and
we usually allow for some kind of implementation period.
For exactly what you said, there's people out there right now
who have been working for months either developing plans for
submittal or rezonings, and normally there's a date established. That's
long been a policy both in the building department and in the zoning
department.
But this is the GMP, we would -- that kind of specificity would
be at the LDC -- no, Randy?
CHAIRMAN STRAIN: This one's got the language--
MR. COHEN: Yeah, what would happen here, actually, if that
policy was written the way that it was written, you would actually
have to have an approved site plan or plat.
So if we're going to do it from the standpoint of trying to give
them some time because they're in process, this is the place that we
would have to do it.
MR. SCHMITT: Well, what is the -- okay, I'm reading the
language. But the date would be on or after 1 March, 2008.
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MR. COHEN: Correct.
CHAIRMAN STRAIN: But see, how many SDPs and final
plats that are in the process right now could you commit to these
people to have done? And those that didn't get done, say they're even
one week away from being finalized by your staff, they'd have to
come back under this process -- not that they shouldn't.
I'm not saying the process is wrong for anybody in the county.
In fact it's a good process. We need to have school concurrency. But
in the end result with those people that have been in and trying to get
through the system, and there's no concurrency problem, we're going
to be holding them up even more for nothing.
MR. SCHMITT: I'm just thinking about this, because, frankly,
this is going to require something in addition to during the process,
but it's not going to change the plan. It won't change an SDP, it will
not change a building plan. It is a requirement to submit the
supporting material for concurrency.
And now that I read this the way I read this, it says I have to do
it effective upon implementation. So I will have to tell them you're
going to have to submit now the following information.
But I'm thinking now because of specificity as to what they're
going to submit, we still have to develop as part of our LDRs. We
know there's going to have to be the concurrency -- I forgot the word.
CHAIRMAN STRAIN: I think the rest of the process is in the
ILA. But I'm just now -- I think what we need to do is amongst this
panel decide what we really think is fair in regards to submissions.
Brad?
Thank you, Joe.
COMMISSIONER SCHIFFER: Well, Joe's right that the
building code issues. But the code's been on the street by state
regulation for six months prior to. So 1 think the secret really would
be to make it official and give it a certain time, which gives people a
chance to learn how to work with the requirement.
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So you could make it, you know, how many days after it
becomes promulgated probably would be smart.
CHAIRMAN STRAIN: Margie?
MS. STUDENT-STIRLING: DCA has advised when I spoke
with them that as soon as this thing is effective, we have to start to
implement it. And we should really be having our LDRs ready to go
and be able to be adopted very soon after that. And that was in
discussions with them.
So they're looking towards having this thing ready to go by
March.
CHAIRMAN STRAIN: But Margie, I don't think there's any
way that, from what I've been hearing, that we're going to have the
LDRs available by March.
MS. STUDENT-STIRLING: I understand that. And we
advised them that, what was it, Michelle, we said maybe a period of
90 to 120 days that it would take at the earliest to get the LDRs?
MS. MOSCA: For the record, Michelle Mosca, comprehensive
planning staff.
We have written into the ILA and other documents one year.
But because we have many advisory groups -- that is because we
have the many advisory groups. But we're probably looking at six to
seven months but needed that additional flexibility.
CHAIRMAN STRAIN: So what happens to people that -- in
March of2008?
Say someone comes in in April 15th we don't have the LDRs in
place, what happens?
MS. MOSCA: The guiding document, and someone can correct
me ifI'm wrong, is the interlocal agreement.
CHAIRMAN STRAIN: Okay. That is your gap document
then.
MS. MOSCA: I would say yes.
MS. STUDENT -STIRLING: And the compo plan, as well. I
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would say if there's a delay in adoption, then the ILA would be the
guiding document, then the compo plan.
We did this before when we originally did the plan. Those parts
we could implement right away without LDRs, we did it.
CHAIRMAN STRAIN: Okay.
MS. TREV ARTHEN: And Mr. Chair, I would like to echo
what Margie has said, that DCA has been very, very clear on this.
That they basically said if you need to revise your LDRs, that's your
problem. You have a due date. This thing needs to be effective by
your due date.
And in reality the regulated class has had three years of notice.
This was enacted in 2005. And there was an extended period for us to
do all ofthis work to get it together. So it isn't similar to something
where, you know, in November an individual local government
dreams up a new program and two months later out of the blue people
are stuck with it.
CHAIRMAN STRAIN: Thank you.
Page 5, are there any questions on Page 5?
(No response.)
CHAIRMAN STRAIN: Under Policy 1.2.3, now, this one may
be automatically resolved by the gap document. Says the county
through its land development regulations and in conjunction with the
school board shall establish a school concurrency review process.
Do we need to put something there that says during the interim
period before the LDRs are adopted that the ILA is going to be in
effect?
MS. TREV ARTHEN: I think by operation oflaw you can do
that. I don't think you need to cull it out.
CHAIRMAN STRAIN: Any others on Page 5?
(No response.)
CHAIRMAN STRAIN: Page 6?
(No response.)
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CHAIRMAN STRAIN: We're going to get through a page
without having a question.
Page 7? Any questions on Page 7?
MS. MOSCA: Mr. Chairman, I have an addition to Page 7.
CHAIRMAN STRAIN: Yes, ma'am.
MS. MOSCA: Would be Policy 1.2.6, remove the reference to
180 days and insert one year. And that would be consistent with the
interlocal agreement.
CHAIRMAN STRAIN: Okay. Do you have any problems
with your side?
MR. DeYOUNG: No.
MS. MOSCA: And also again, on Page 7, Objective 1.3,
remove beginning in and insert by December.
COMMISSIONER MURRAY: By December?
MS. MOSCA: Yes.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: Okay, any other questions?
Mr. Murray?
COMMISSIONER MURRAY: In this document that we
received today it says something here on Page 7. Is it the same Page
7,3.1? No, can't be.
MS. MOSCA: That's the ILA.
CHAIRMAN STRAIN: That's the ILA.
COMMISSIONER MURRAY: Sorry, I didn't pick up on that.
Okay, thank you.
CHAIRMAN STRAIN: Policy 1.2.5. Why don't we strike
that?
MS. TREVARTHEN: 1.2.5?
CHAIRMAN STRAIN: Yeah, top one. Why would you need
that policy? You're going to be issuing -- nobody can get at COA
without you issuing an SCADL. So why wouldn't you -- why would
you need a policy for COAs on top of it?
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MS. TREV ARTHEN: Because there's a time gap, and there's
also the possibility that you would deny for another reason. And if
you do, the school district needs to know that to say, okay, that
project's not coming.
CHAIRMAN STRAIN: So if you issued an SCADL, and it
wasn't used, the county would just hold it and not issue the COA and
not tell you, or --
MS. TREV AR THEN: I think this is just a process to ensure
coordination of all relevant information. It's like a little bit of a tag
team. It starts at the local government and then it goes to the school
district for review and then it goes back to the local government to
give the final resolution to the applicant.
So this language just generally provides for coordinating that
information.
MS. MOSCA: Mr. Chairman?
CHAIRMAN STRAIN: Yes, ma'am.
MS. MOSCA: If! may ask the consultant, would it be more
appropriate in the LDRs? This would be more difficult to change in
the public school facility element.
CHAIRMAN STRAIN: Why wouldn't we do that?
MS. MOSCA: So if we needed to change the process at all,
would there be an objection to that?
CHAIRMAN STRAIN: That's more of an implementation type
action. It's after it's been issued, then you'd be notified.
MS. TREV ARTHEN: Do you recall if this is a minimum
requirement for the element? Some of the things are a minimum
requirements, and that's our concern.
CHAIRMAN STRAIN: It just seemed like a process -- even if
we get in -- if we put it in the LDR and we find out there's an easier
way to do it, it certainly would be easier to change there.
MS. TREV ARTHEN: Could we leave it that we would follow
up, and if it's not legally required, to leave it there, that we would put
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it in regulations?
CHAIRMAN STRAIN: I think that's fine. I certainly wouldn't
want to take it out ifit's required to be there by law, but, okay.
Are there any other comments or questions? Who said well?
Anybody? Somebody that's not there.
COMMISSIONER MURRAY: Somebody hiding under that--
CHAIRMAN STRAIN: Oh, I didn't see him from here. You
pointed, there was nobody there. Okay.
Page 8?
(No response.)
CHAIRMAN STRAIN: Any questions on Page 8?
(No response.)
CHAIRMAN STRAIN: Policy 1.3.1, under your third line, it's
actually where the language starts in blue, it says construction that
changes the primary use of the facility.
I'm just wondering who determines that trigger.
MR. DeYOUNG: That's a good question.
CHAIRMAN STRAIN: If you have 50 percent of the -- say
you've 100 percent facility right now. Fifty-one percent of it becomes
-- instead of a student housing, it becomes a gymnasium or a bus
depot and the other half of it still has classrooms. How does -- is the
facility primarily changed then?
MS. TREY ARTHEN: Well, I think at the outside that would be
a very sort of obvious change. And I think some of this other
language, if you go on, it's more about just changing capacity, and
that's more likely to happen more often.
CHAIRMAN STRAIN: Wouldn't the trigger -- it wouldn't be a
primary use, the trigger would be a change in the capacity or
something of a --
MR. DeYOUNG: Okay, Ijust got the answer from the school
district. And the answer is there's elementary schools, middle
schools, high schools and ancillary facilities. The change would be
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from one of those primary uses to something else. That would be a
change in the primary use.
CHAIRMAN STRAIN: What if you change from a high school
to a -- what's between a high school -- next one down, middle school?
MR. DeYOUNG: Middle school, yes.
CHAIRMAN STRAIN: So you had a facility that was entirely
middle school and you split it up half high school and half middle. Is
that a change in the primary use?
MR. DeYOUNG: Yes, that would be a change in the primary
use.
CHAIRMAN STRAIN: What if you had 10 percent changed to
high school and 90 percent changed -- left at middle school. Is that a
change in primary use?
MR. DeYOUNG: I suppose it could be considered a change in
the primary use. These are the types of things that are discussed with
the staff working group, as outlined in the interlocal agreement. So
any change in the use of the facility would be discussed by the staff
working group.
CHAIRMAN STRAIN: Okay, then maybe we should say that,
construction that changes any use ofa facility, instead of primary use.
MR. DeYOUNG: I think the purpose of this was to limit it to a
major change in the facility that could affect concurrency.
CHAIRMAN STRAIN: I agree with you. But since you won't
tell me what a major change is, you're making it hard to define what it
is. Primary doesn't tell me major. Major doesn't tell me what
percentage it is. So how do we define that so we avoid a conflict
down the road?
You could go in and change classrooms around at a percentage
of, say, five, seven, 10, 15 percent. Fifty percent, you could say well,
that's not a major change, that's not a primary change. But in the
eyes of other people it might be.
So what percentage then, what number can -- how do we fix this
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so we have --
MR. DeYOUNG: The end of this policy talks about a five
percent increase in student stations. So I guess you would have to say
it would be a major change in the primary use, which would be from
elementary to middle, and an increase, that would be a major change,
or an increase in student capacity greater than five percent.
COMMISSIONER MIDNEY: Mark?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER MIDNEY: I could give an example. Right
now we're housing a significant proportion of our eighth graders in
Immokalee Middle School at the high school. Would that qualify?
MS. TREY ARTHEN: Like moving the eighth graders out--
COMMISSIONER MIDNEY: The ones who didn't pass their
F-CATs and they're really not qualified to go to ninth grade, but the
middle school doesn't have room for them over there so there've being
housed at the high school but treated separately.
MR. DeYOUNG: Well, I think we're confusing another issue,
which is on-site and off-site infrastructure needs for a school. And if
we're moving kids from the eighth grade to another school
temporarily, we're not really changing off-site infrastructure.
Now if you change the primary use of a middle school to a high
school and all of a sudden you need to accommodate parking for high
school students, that would be a change in the use of a facility.
I think what we're trying not to do here is get mixed up between
what's going on inside the school that doesn't impact on-site and
off-site infrastructure and what does.
CHAIRMAN STRAIN: Well, maybe the best way, and you
referenced the second line that talks about a greater than five percent
increase. Why don't you simply say that construction that changes
the use of a facility, stadium, construction, or construction that
results in greater than five percent increase. Take out the reference to
prImary use.
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If you have construction that changes, anything that creates
greater than a five percent increase in student capacity, you've got a
trigger.
MS. MOSCA: Mr. Chairman?
CHAIRMAN STRAIN: Yes.
MS. MOSCA: This actually is statutory language. I understand
that it's difficult to define primary use.
CHAIRMAN STRAIN: Okay. Well, you know, next time that
happens tell me early. Ifit's statutory, we can't change it. I didn't
know that, so that's fine. I don't necessarily agree with it, but there's
nothing we can do about it.
Policy 1.3.2. Why in the world would you want to wait until
you commence construction before you kick in this particular
paragraph? Why wouldn't you want to do that when it's first
identified?
MS. TREY ARTHEN: Well, as I understand it, especially for
some of your school facilities out in the eastern portion of the county,
there can be a quite lengthy early process that is much -- short of
committing you to building an actual school on a particular piece of
dirt. All the other regulatory systems that the school boards deal
with, the environmental reviews and so forth.
So I think this was an effort to try to identify a time that's closer
to when you really know that the school is going to be built and
where it's going to be built.
CHAIRMAN STRAIN: Yeah, but then you guys are going to
come in and say wait a minute, you can't turn us down to bring all
these off-sites and all these other issues here. We already bought the
land, we've owned it for years. That's the wrong time to approach the
county on a need. You ought to approach the county on need before
you buy the property or when you're in early negotiations with it.
MS. TREY ARTHEN: But if they already own the property and
they've owned it for decades prior to this, there's no way that you
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f
could have accurately assessed the need for improvements that far
ahead of time.
CHAIRMAN STRAIN: Do you think this only applies then to
existing purchases -- existing properties?
MS. TREY ARTHEN: No, that's just an example.
CHAIRMAN STRAIN: Okay. Does it apply to new purchases
as well?
MR. DeYOUNG: Well, there's an entire process for -- when a
school district is purchasing a new piece of property for a new school,
it goes through an entire process with county staff, through that staff
working group, again, for the review of the facility.
And so the county and the school district or the city and the
school district, depending on where the facility is or is going to be,
should be negotiating these things from early on in the process.
I think when we say prior to the commencement of construction
is we are just verifying that it will take place at a minimum prior to
the commencement of construction. That a school won't start
construction and then come in to talk about the needs for off-site and
on-site infrastructure.
MS. TREY ARTHEN: There's also the issue that sometimes the
school board will project that they need a school of a certain size, but
as they move closer to the actual provision of the school, they'll find
that maybe it hasn't grown as much, the demand is not there, and
maybe the school is going to be smaller or larger, which would
directly be relevant to this negotiation on improvements.
So you want to be closer to when you really know this is what
level of school and how many seats are going to be there.
CHAIRMAN STRAIN: If you've got property right now, then
you know all those properties need to be serviced. You should know,
Clay, in your master plan, when you intend on developing those
properties, or at least the best you could right now.
Why wouldn't you want to come in to the county with those
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right now and sit down and try to coordinate with them based on the
language in this paragraph instead of waiting to just before you
believe you're ready to go into construction with those facilities?
MR. De YOUNG: The school district does do that. And in fact,
part of the map series for the public schools facilities element is the
future locations, existing and future locations of school sites,
especially the ones identified in the five-year capital plan.
CHAIRMAN STRAIN: Okay, well then we can leave the red
language that's struck in.
I guess we're both saying the same thing. That's all I'm trying to
get at is let's leave in the red language and take out the
commencement to construction language.
MR. De YOUNG: I think, as Mr. Hardy just said to me, the
school district has a five-year capital plan, but there's also a 10 and
20-year plan which future schools are identified. The schools may
not have sites yet, but they are identified in the 10 and 20-year plan.
So we wouldn't want to preclude, you know, the ability to talk
about other school sites. I think that's why when a new school is
identified in the capital improvement plan has been struck from this.
CHAIRMAN STRAIN: Okay, when the new school is
identified in the school district's plan, period. Any plan. I don't care if
it's a 10, 20, 30-year plan, but as soon as you recognize that a school
needs to be identified, from that point forward you ought to
coordinate with the county and not wait till the commencement of
construction.
MS. TREY ARTHEN: But we are. There's a whole planning
and coordination process that takes place. That's not what this is
about. This is specifically about getting down to the final answer on
improvements. And doing that years and years and years ahead of
time makes no sense because the facts are going to be so different by
the time the school is actually built that the background -- we're all
limited in how good we are, whether we're the county or the school
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board in terms of projecting the future perfectly.
So when you get this large time gap, it's going to be
problematic. I think what we'd like to see generally as governments
is to try to make it be as close to accurate as possible. And that time
gap creates a real level of uncertainly.
CHAIRMAN STRAIN: Okay. Well, I think I understand
where you're going with that.
And at this point our court reporter needs a break, so we will
take a break and come back here at 2:45.
(A break was taken.)
CHAIRMAN STRAIN: Okay.
MR. COHEN: Mr. Chairman, you have a live mic.
CHAIRMAN STRAIN: Thank you. We left off on Page 8. If
there's no more questions on Page 8, maybe we ought to -- oh, there is
one question on Page 8, I'm sorry. I hate to have this question.
Policy 1.3.3, second line, starts with the word redevelopment of
existing schools, and it says to ensure compatibility. And don't you
mean -- wouldn't that be to the greatest extent possible?
MS. MOSCA: Mr. Chairman?
CHAIRMAN STRAIN: Yes, ma'am.
MS. MOSCA: No. It would -- well, I guess it would be to the
greatest extent possible, but --
CHAIRMAN STRAIN: Well, I don't like the word -- just like
we did in the floodplain. And the word ensure is so --
MS. STUDENT -STIRLING: How about determine?
CHAIRMAN STRAIN: Yeah, it's so difficult to deal with if
you can't do it.
MS. STUDENT-STIRLING: How about determine?
CHAIRMAN STRAIN: To determine, maybe that would work.
Does that -- yeah, determine. How's that work for you guys?
MR. DeYOUNG: Determine, verify.
MS. TREY ARTHEN: I like determine.
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CHAIRMAN STRAIN: Okay, let's put determine in there,
then. That's in agreement with everybody?
COMMISSIONER MURRAY : Yeah.
CHAIRMAN STRAIN: Good.
Page 9, any questions on Page 9?
(No response.)
CHAIRMAN STRAIN: Your policy 1.3.5.
COMMISSIONER MURRAY: C.
CHAIRMAN STRAIN: I know that the schools are used for
emergency shelters. Why would you guys be involved in our
evacuation zones, routes and shelter locations? Basically you're --
they are there wherever you put a school.
MR. DeYOUNG: This policy is here because it's required by
the statutes.
CHAIRMAN STRAIN: Oh, I knew you were going to say that.
MS. MOSCA: Mr. Chairman, in may, 9J-5 Florida
Administrative Code .025 reads: A policy addressing coordination
with adjacent local governments and the school district on emergency
preparedness issues.
So it's general language. I think we --
CHAIRMAN STRAIN: Well, then that's good.
MS. MOSCA: -- could address A, Band C.
CHAIRMAN STRAIN: Well, then why don't we just say that
the county in conjunction with the school district will address
emergency preparedness issues, and leave it like that. Just mimic
9J-5 and not go into these details. Because, honestly, for you guys to
be involved in our evacuation zones doesn't make any sense. That's
transportation and emergency operations, and routes as well.
MR. DeYOUNG: I think the rest of the policy is just giving
examples of how you would be coordinating. I don't think it does
anything more than that. If you want to take those out--
MS. TREY ARTHEN: It's okay to take it out.
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MR. De YOUNG: -- you can take it out.
CHAIRMAN STRAIN: Okay, I think it should come out.
MS. MOSCA: Mr. Chairman, for clarification, are you reciting
9J-5.025?
CHAIRMAN STRAIN: Yes. Just take 9J-5 and drop it in there
and let the LDRs work out the details.
Okay, I think that's it on Page 9. Make sure I haven't missed
anything. I know I have.
Page 10, policy -- any questions on Page 10 of the commission?
(No response.)
COMMISSIONER MURRAY: I couldn't see anything.
CHAIRMAN STRAIN: I don't have anything on 10.
I think that takes us to the end of that first document, with the
exception of all the backup tables. Well, no, there aren't any. There
are some backup tables in the original version sent to us.
That gets us through the PSFE. Anybody have any questions on
the document as a whole?
(No response.)
CHAIRMAN STRAIN: Why don't we move on to the capital
improvement element. And in between, there's a lot of data and
analysis. I'm assuming that's provided -- you all provided it. I don't
think it's -- it's more pure data, so I'm not sure what it matters. I don't
think we can debate those issues, so as far as I'm concerned, the
language that we can talk about is more on the capital improvement
element, which would be next.
So if everybody agrees, we'll move on to that. That's two tabs
back from where we just left off, gentlemen, so -- CIE starts with an
index, a little "i", but we have Page 1, which is the introduction of
the CIE.
Then we get into Page 2, which are your policies. Any
questions up to Page 2?
(No response.)
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CHAIRMAN STRAIN: Page 3?
I have a question on Page 3. You have your item C towards the
bottom. It defines a significant impact. Now, I've done multiple
word searches on the CIE and some other segments of our GMP, and
I can't figure out why we defined this as a significant impact, because
I can't see where it comes into play.
Do you know of any? Maybe it's more a compo planning
question since you guys didn't write our GMP in this regard.
It goes to the extent to start defining significant impacts, Randy
and Michelle, and I can't find anywhere in the GMP where we
referenced again the word significant or impact.
So I'm just wondering what the purpose of this is. Basically it's
saying that any generator then is a significant impact. What does that
mean?
MR. COHEN: Well, when you read the first part ofthe policy,
it's very apparent that it's looking at a very large development from
the perspective of generating, one, either population that would be
three percent greater than the county at that time, or at the same time
generating three percent of the volume of traffic that exists in the
county at that time.
So that portion is in essence itself defining with -- at that point
in time.
I'd have to look at the school part of it.
CHAIRMAN STRAIN: Randy, it's probably harmless to add it
here. I just couldn't figure out how it then applies to any other part of
the code. I couldn't find where we address significant impacts
elsewhere in the GMP, and that's why my question. Because I'm
wondering, okay, if we're going to add this in here and it now
becomes a significant impact when you reach a certain threshold.
MR. COHEN: I think the perspective is whenever we get a
very large development that comes on in, that it would trigger this
particular component right here and give it additional scrutiny.
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CHAIRMAN STRAIN: But in order to give it additional
scrutiny, you have to have something else in which to scrutinize it
too. There's no other reference as a significant impact.
Well, I guess it's irrelevant in regards to how this fits in there,
because if it doesn't apply anywhere, it doesn't really matter. I just
couldn't figure out the significance of adding it in there. And I
thought if there was one it would be nice to know what it is.
And before we go too much further, Chris Thornton has been
patiently sitting in our audience waiting to talk on an element in the
PSFE.
And Chris, I apologize for not catching you before we moved to
this page, but we're not very far past it now, so why don't you go
ahead and identify yourself and tell us your concerns.
MR. THORNTON: Thank you. I'm Chris Thornton with the
law firm ofCheffy, Passidomo, Wilson and Johnson. I appreciate this
opportunity to address you today on your proposed public school
facilities element.
My comments are directed to -- basically I have two suggestions
for inclusion in the -- in your considerations. One would be with
respect to the exceptions, in 1.2.2 of the PSFE. It's on Page 4 of your
document. And it looks like since it's underlined, you did add -- and
this to do with the exceptions. This is projects that are going to be
exempt from school concurrency.
You added approved DRls. And what I'm going to suggest to
you is that you have projects, at least one that I know of, that are in
the county that have come through for rezone that are not DRls but
that have committed land for school facilities. And so I would request
that you include an additional exemption in 1.2.2 of the element to
exempt -- and I've given this language to staff a couple of days ago,
so they've had it.
But basically it's to exempt as a new paragraph sub G in 1.2.2.G
any rezoning containing a residential component approved as of the
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effective date of the school concurrency program in the Growth
Management Plan, wherein the rezoning contains an obligation to
conveyor otherwise provide land or facilities for public schools.
And although this -- I think the language would have
countywide application, and I'm aware of one project, Sable Bay, and
the client I'm representing today is CDC Land Investments, Inc. But
the Sable Bay project originally came through as a DR! and made
commitments to address school concurrency and capacity for schools,
but then was subsequently determined not to be a DR!. And so the
project includes a large site for a school. And the MPUD document
commits that developer to providing that school site.
And so although it is not a DR!, it does have commitments to
provide school -- land for schools. And so we would request that you
include an additional exemption to school concurrency.
CHAIRMAN STRAIN: Marjorie, is there any concerns with
that?
MS. STUDENT -STIRLING: Yes, there is. I've spoken with
Mr. Thornton about this, and I've also forwarded the language to the
DCA for their comment.
I offered to Mr. Thornton that in the DRI section we might
include language that not only would include DR! approval, but
where DR! had been initially approved and by operation of law was
no longer a DR! because of the change of the statutory thresholds,
that we might include it there to take care of his issue.
I think there could be some problems with whatever may be
donated or paid or committed to be donated or paid at the rezone
level, and then it may not be sufficient to catch school concurrency.
So I think we have a concern that, yeah, you donated that, but it
may not be sufficient for school concurrency, it might include other
things that are not included in concurrency and so on.
And we have talked about this with representatives from DCA
and they are looking at the language.
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CHAIRMAN STRAIN: Well, if some property has been
donated as a result of the rezone process, wouldn't they at least -- and
if your concern is the value of the property versus the concurrency
mitigation or value that may be required when they came through for
the concurrency element, wouldn't they at least be getting credit for
that property's value against impact fees?
MS. STUDENT-STIRLING: Well, this looks like it gives them
a pass, just an absolute pass.
MR. THORNTON: I don't see any provision for the credit in
the current proposal --
MS. STUDENT-STIRLING: I don't think it's a prop share.
There's a thing about prop share in there and credits there.
But it looks to me that -- and our concern is that you're looking
at different things at that time period and, you know, how it would all
fit together could be problematic.
And again, I do have it with DCA, so.
CHAIRMAN STRAIN: Well, Margie, he's got a very good
point. I mean, the whole purpose of exempting DRls is presumably
because they've provided some contribution to the school system at
the time they were approved. So even if it isn't a DR! -- and by the
way, the fact that it was at one time and is not now just because of a
threshold change doesn't change the facts of the issue.
We have rezones in Collier County that if they've provided
school facilities and school properties, how are we treating them in
regards to crediting them with the -- to the extent of their
contribution?
MS. STUDENT-STIRLING: I have not seen -- and my
recollection anyway, other than DRI projects where there've done
that. There may be some, but in my recollection, standard PUD
rezones or site specifics don't do that.
CHAIRMAN STRAIN: Did this project go through the full
DR! process and afterwards it just was downgraded because of the
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threshold change? Is that how it occurred?
MR. THORNTON: I'm afraid I don't know all the details. I
know that --
MS. STUDENT-STIRLING: I think so.
CHAIRMAN STRAIN: I remember it came through here, and I
thought it went through the full process. But I don't know where it
ended up.
Chris, would Margie's language, adding it to F in the manner
that she spoke, wouldn't that cover the--
MR. THORNTON: It sounds like they would address the
particular issue at Sable Bay, but I don't know that that's the only
rezone project that's come through the county that during the rezone
process gave up land for school facilities. And those projects don't
appear to have -- so they come through rezone, they give up land and
now that they go to get a plat, they don't give any benefit or credit
from having done that at the rezone stage.
MS. STUDENT-STIRLING: Well, I think they get impact fee
credits for it. So they would get that.
CHAIRMAN STRAIN: Even for a past contribution?
MS. STUDENT-STIRLING: Yeah.
CHAIRMAN STRAIN: Because I mean, look at your well
sites, as an example, and parks and recreation's extractions for
additional park areas. They're not getting -- nobody's getting any
credits for those. So I don't know if that statement -- I don't know if
they'd automatically get impact fee --
MS. STUDENT-STIRLING: I don't know either, I mean, that
was just a thought. And this, as I said, it came in our office, I think,
like a couple of days ago. So we've been trying to react to it and
have had discussions with DCA about it and they are going to, you
know, give us their take on it.
MR. COHEN: Mr. Chairman, might I suggest a few things. I
think at this point in time, you know, absent certain information, it's
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very difficult to answer Mr. Thornton's question.
I think Ms. Student-Stirling needs a response back from DCA in
order to assess what her recommendation would be, whether it be an
addition to F or a new G.
Two, I think it would also be incumbent on us as a staff to go
out there and assess what other actions may have been taken by this
county where there has been a donation of land to see if where there
are some other pieces of property that would be affected.
The major concern, obviously, on my part is the DCA issue,
though.
CHAIRMAN STRAIN: Well, either way, this panel could
recommend that some language be considered for provisions of land
contributions in addition -- outside the -- those addressed under a
DR!. Meaning if someone in a rezone process contributed land, or
just a new zoning process, there be some consideration.
Go ahead, Brad.
COMMISSIONER SCHIFFER: I think they've been wanting to
chime in real quick. Maybe that will save--
CHAIRMAN STRAIN: Go right ahead.
MS. TREY ARTHEN: Mr. Chair, I agree with what your
county attorney is saying about this. I've been informed by school
board staff that they believe, I mean, they don't have all the records
here, but they believe that Sable Bay did receive an impact fee credit,
and that would normally be the way that this would be handled.
If the land is donated at the time that it comes due for them to
pay their school impact fees they would receive a credit for the value
of what they've already donated.
And that's why this is not a proper place to exempt, because,
this goes back to the discussion we've had previously about how
impact fees are just fundamentally different from concurrency. And
the land donation is really just another form of satisfying their impact
fee obligation, if you want to look at it that way, because it is eligible
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for the impact fee. It is a structural participation in the provision of
schools.
Concurrency is not about that. Concurrency is about you're
here before me today. Do I have a seat for that child or not today.
And you may have paid your school impact fees, but I may not have
the seat for that child. It's a timing issue.
So just like for roads, you know, there might be dedication of
right-of-way, but I don't think that would automatically exempt you in
the county for having a concurrency review for roads. They're
different kind apples and oranges.
CHAIRMAN STRAIN: I understand.
Go ahead --
COMMISSIONER SCHIFFER: The point I was going to make
is you could give a land for a high school and it's elementary schools
is the problem. So there's a lot of different ways to look at that. Does
the county ever get donations -- first of all, if you had a donation of
land, wouldn't the school board be aware of it and be factoring that
into their plans? Or you're saying the land is not yet donated, it was
only --
MR. THORNTON: They might factor it into their plans, but
any applicant who comes through the rezone process and through that
process makes commitments for land and does not have any plats or
SDPs yet and is sitting on a project that's ready to go and now is
going to come in the door have to go from the beginning through
school concurrency and won't have any assurance that they'll receive
any concurrency benefit for the mitigation that they've already
provided.
And I understand that the exemption that I'm proposing is
basically an acceptance of the proposition that that mitigation satisfies
fully the capacity, the lack of capacity if there is a lack.
But sometimes some cases might have overcompensated, some
cases may undercompensate. It would be difficult to know, looking in
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the future, whether you've over or undercompensated. That's why I'm
proposing basically that the property be vested.
CHAIRMAN STRAIN: At this point I would leave it. My
inclination is to let the county attorney find out from DCA the status
ofthose projects that were once DRIs that have been downgraded.
And if it falls under the exemption that we have in here, fine. If it
doesn't, I think you're going to have to live with the impact fee
credits. At least that's what I would think at this point.
I think school board staffs comment that you have to --
concurrency is a different issue than impact fees, you're absolutely
right. Sable Bay is a huge project. It was approved awhile back, but
it could be years before it actually gets on line. There might not be
concurrency at that time. And to vest them without a DCA in place
or something like that right now I think would be difficult.
MR. THORNTON: Are you talking about -- I don't know in
understand fully what Ms. Student-Stirling was saying. Are you
talking about the possibility of adding language to the DRI
exemption that says this exemption also applies to projects that were
approved as the DRI but are no longer DRIs?
CHAIRMAN STRAIN: Yes.
MS. STUDENT-STIRLING: That's what I was considering.
CHAIRMAN STRAIN: Okay. What was your second point,
sir?
MR. THORNTON: The second point is tangentially related to
the public school facilities element, and it's probably something
you've already covered, but while I'm up here, I hope you'll let me
address the issue.
It has to do with the student generation rates, that they're,
basically, the tables that are in the interlocal agreement and in the
data and analysis.
And those, the data and analysis concludes with a table that
makes the prediction, an assumption of what the student generation
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-
rate is going to be for different types of projects. There's five types of
projects: single-family, multi-family, and those are fixed numbers that
I do understand will be updated every now and then.
What I'm recommending is that similar to the way you handle
your transportation concurrency, that you're going to have projects
that come through that are not going to generate the students that
your flat, fixed, one size fits all student generation rate is going to
generate.
You might have a project -- in my mind when I think about this,
I'm thinking about a project -- think in your mind of a project that you
know is not going to have very many children. And pick -- a
multi-family project is not going to have very many children. But
they're going to be stuck with the -- for concurrency purpose, the flat
rate that applies countywide for all multi-family projects.
And so in transportation the way you deal with that in your
comprehensive plan and your TIS guidelines is to allow the applicant
to propose alternative transportation generation rates. If you're not
going to use ITE for transportation, you have to justify and support a
lower traffic generation rate for purposes of transportation
concurrency.
Similarly, I would suggest that the same reasoning should apply
to school concurrency. If the county can be assured by my
application to you for an alternative student generation rate that my
project will produce less than the one size fits all rate, why not at least
create the possibility for somebody to propose different student
generation rates.
CHAIRMAN STRAIN: The issue of different rates did come
up at our meeting two weeks ago.
But anyway, Mr. Schiffer, go ahead.
COMMISSIONER SCHIFFER: No, finish, Mark.
CHAIRMAN STRAIN: Okay. And what we were told is that
that rate was already generated, utilizing the fact that not all facilities
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in this county and not all residential districts in this county have the
same number of students. For example, you have senior facilities
where they don't have students at all. You have developments that
are more of a second home nature.
I guess from a countywide perspective, all those were collected
together and the student generation rate was like a weighted average
of all of the facilities that we currently had in the county, which is
why they felt it was a fair number to utilize across the board as a
standard, rather than getting into individual arguments on each
project.
Is that a close statement to where you guys were last week, or
two weeks --
MS. TREY ARTHEN: That's a good summary, Mr. Chair. And
the only thing I would add to it is it's relevant to the fact that the
constitution requires uniformity of these things.
So everything we do in school concurrency is a little bit
different from road concurrency because we're in this environment of
a constitutional requirement of uniformity.
So no student generation rate that I'm aware of, and lots and lots
of counties have them, have that, even though it's very common for a
road impact fee or something like that to have it because of
uniformity.
CHAIRMAN STRAIN: Did you have a comment, Brad?
COMMISSIONER SCHIFFER: And we did think about that.
And the point that might be tough is that that could change, too.
You're right, multi-family might not have it. But over time the
economics of that building might be such that it's full of children.
So -- because I was thinking even at the last time when you --
when a project comes on line and you drop the potential of it and you
go to the actual number generated, that that would be a point to
almost achieve what he wants. But you can't be assured that the next
year or 10 years from now it's not a huge generator of population. So
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it's kind of like traffic again is we'll probably have phantom children
out there.
CHAIRMAN STRAIN: Chris, I don't think you'll win too much
in that argument today, but we'll certainly look into your other one for
you.
MR. THORNTON: Thank you.
CHAIRMAN STRAIN: Thank you, sir.
Appreciate your time in waiting here today. You're one of the
few members of the public that even bother to participate in these
actions, and they are going to have huge impacts in this county, so
we appreciate it. Thank you.
Back on the CIE, we were talking on Page 3. We're now on--
Page 4 and Page 5 have no changes to them. Neither does Page 6.
The next page in the CIE that have a change are Page 7.
MS. MOSCA: Mr. Chairman?
CHAIRMAN STRAIN: Yes, ma'am.
MS. MOSCA: I have a change to Page CIE 7.
CHAIRMAN STRAIN: Okay.
MS. MOSCA: And it would be under A-8, public school
facilities. And we're suggesting removing enrollment/ for all three
items, A-8, 1,2 and 3 to make it consistent with the other documents.
That would be the public school facility element.
CHAIRMAN STRAIN: So it would read 95 percent ofCSA
FISH capacity?
MS. MOSCA: I'm sorry, another change; 95 percent ofCSA
permanent FISH capacity. We're also going to add in permanent.
CHAIRMAN STRAIN: How does that sound to the school
experts?
MR. DeYOUNG: That's fine.
CHAIRMAN STRAIN: Okay. Are there any other questions
or issues through Page 7?
(No response.)
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CHAIRMAN STRAIN: Okay, then we got Page 8 with the
financial feasibility. Are there -- I don't think there are any changes.
Yeah, there's a couple of small changes on Page 8.
Michelle, on Policy 1.2.5, it says the county shall not provide a
public facility, nor shall it accept the revisions of a public facility by
others if the county is unable to pay for the subsequent annual
operating and maintenance costs of the facility.
How does that fit with what we're changing here for schools?
MS. MOSCA: Well, where staff is suggesting may be an
exemption for public school facilities, or an exception, rather.
CHAIRMAN STRAIN: So you're going to add some language
to 1.2.5 to make an exception to --
MS. MOSCA: I believe we would have to.
CHAIRMAN STRAIN: Now, I'm sure the school people would
object to that because now the county doesn't pay for your buildings,
right?
MS. TREY ARTHEN: Well, I think that's the point that we
have, just the factual point, Mr. Chair. I don't think this is applicable.
Because it's not a county-provided facility and you're not accepting
it. Usually that refers to like somebody builds a road and they turn it
over to you and you accept the ownership and maintenance of it.
We don't turn public schools over to you to run. So I think it's
not a policy that's relevant to this issue.
CHAIRMAN STRAIN: Okay, Michelle -- I need our staff to
agree so we don't have a disagreement, so somebody's got to say yes
or no to --
MS. MOSCA: Let me just have a moment to read it again.
CHAIRMAN STRAIN: While she's reading it, Policy 1.2.4
adds schools as public facilities. That's what threw the curve.
So if you don't mean them to be public facilities, then maybe we
ought to be not adding it in there. Because it also comes into
problems from other parts of --
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MS. TREY AR THEN: Yeah, I think this was recommended as
an addition. But it may be that it has inadvertently gotten mixed up in
solely county facilities. So we would be glad to work with your staff
and if it doesn't fit there, just take it out.
CHAIRMAN STRAIN: Well, I'm just curious to know today,
so -- and if you look at the objective, it talks about providing public
facilities, and it also talks about ad valorem taxes and
intergovernmental revenues to pay for them. And again, I think you
guys got your own system and --
MS. TREY ARTHEN: I think you're right. And I don't know of
any statutory requirement for that particular policy to address -- ones
that talk about testing concurrency, of course.
MR. COHEN: Mr. Chairman, we'll work with the school board
and school board consultants with review of 1.2.4 and 1.2.5 with
regard to your concern, and if it's not necessary we'll remove the
items that have been inserted.
CHAIRMAN STRAIN: Okay. Page 9. There on 1.2.7, public
schools have been added again. And again, on Policy 1.2.8, because
they were added in 1.2.7, if for any reason the county cannot provide
revenue sources identified as needed funding for specific projects
within the adopted schedule of capital improvements. It's just the
county again.
So I want to make sure that the county isn't getting inadvertently
hooked under some kind of basis to all of a sudden fund schools when
-- by the end of these policies.
MR. COHEN: Well, Mr. Chairman, in 1.2.7, we actually do
collect the impact fees for the school system.
CHAIRMAN STRAIN: Okay. Do we have any liability there
then under Policy 1.2.8?
MS. TREY ARTHEN: I don't believe so. But you would want
to hear from your county staff on that.
CHAIRMAN STRAIN: Okay. Well, would you guys continue
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November 1,2007
to look at the rest of those policies after you look at Policy 1.2.4?
And we'll just leave it there.
MR. COHEN: Yes, sir.
CHAIRMAN STRAIN: Any questions through Page 10?
(No response.)
CHAIRMAN STRAIN: And then we've got Page 11.
COMMISSIONER MURRAY: I have a--
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: I think I have a question,
because I have a notation there. I need to read it again.
Okay, I think it has to do with under Policy 1.4.1.A, which is
the consultant's language, and it speaks -- the word on the third line
down is specifically. And my question is are there others? In other
words, you've included something specific. Are there others that are
omitted, or this is just all there is?
MR. De YOUNG: Those two tables summarize the capital
improvement program and the revenue sources of the school district
which demonstrate financial feasibility. So those two tables
specifically do that for your --
COMMISSIONER MURRAY: Okay, that's the intent of it.
MR. DeYOUNG: Yes.
COMMISSIONER MURRAY: Okay, thank you.
CHAIRMAN STRAIN: On Page 11, Policy 1.4.1, there's a
beginning -- there's a sentence that was added as A. The beginning
date. Is the effective date December 1 st, 2008? Is that when it was
being --
MS. TREY ARTHEN: Yes. It's a separate statutory date.
CHAIRMAN STRAIN: Under the Objective 1.4 on top, it
refers again to the county. County shall coordinate its land use
planning and decisions with its plans for public facility capital
improvements.
I just want to make sure that it's not supposed to have the school
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system in there somewhere by the references that we've previously
had in some of the other policies.
Did you -- Michelle, you're following that?
MS. MOSCA: Yes, I am.
CHAIRMAN STRAIN: Okay, it's just something you need to
check. And I don't want to ask you to go further with it today.
Any questions on Page 12?
(No response.)
CHAIRMAN STRAIN: Policy 1.4.4. Michelle and Randy, this
one says the county shall determine prior to the issuance of final site
development plans that there is sufficient capacity in Category A.
Is the county really the one doing that, or is the school board
providing that information to us and we're accepting it?
MS. MOSCA: Mr. Chairman, I believe that through the
SCADL, then we will in fact as the county make that determination.
And the consultants can correct me if I'm wrong.
MR. DeYOUNG: That's correct.
CHAIRMAN STRAIN: Okay. Under Page 13?
(No response.)
CHAIRMAN STRAIN: Then we're on Page 14.
COMMISSIONER MURRAY: I have a question.
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: Okay, under Policy 1.5.4.A,
my note is: Confused. That's my note to myself.
A, necessarily facilities and services are in place at the time a
final site development plan, final plat or building permit is issued or.
And I guess maybe I was getting toward midnight reading, but that
confused me relative to the preceding sentence.
Let me just have a moment here to look at it again. If anyone
of the following standards or concurrence is met. Never mind, I'm
not as confused. Thank you.
CHAIRMAN STRAIN: Page 15?
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(No response.)
CHAIRMAN STRAIN: Page 16?
(No response.)
CHAIRMAN STRAIN: Page 17?
COMMISSIONER MURRAY: What happened? Ijumped to
Page 28.
MS. MOSCA: Mr. Chairman, those are actually the County
CIP tables, so we're moving from CIE 16 to CIE 28.
CHAIRMAN STRAIN: Right.
COMMISSIONER MURRAY: Yeah, that's what I have.
CHAIRMAN STRAIN: I'm sorry, you're right.
COMMISSIONER MURRAY: Oh, and I do have a question on
28.
CHAIRMAN STRAIN: Go ahead, sir.
COMMISSIONER MURRAY: I'd like to understand. I know
that the consultant has been using by reference, and I'd like to
understand the implications of that. What is it that you're intending,
by reference? I think I know, but I want to be sure I know what you
know.
MS. TREY ARTHEN: DCA has a pretty precise understanding
of what this means. And so what it means is on an annual basis,
because this is a document that changes every year, you're going to
be saying something like, you know, the December 2008 version of
this document is hereby adopted by reference.
And what it frees you from is literally adopting it all into the
text of your plan, when it's really not something -- a lot oflocal
governments feel kind of uncomfortable taking somebody else's plan
and putting it word-for-word in the middle of their plan.
It also means that you don't have to check and make sure it
really is the one that was adopted. So for review purposes by DCA
and others it's clear that your intent was just to adopt whatever was
adopted as of December, '08.
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COMMISSIONER MURRAY: Okay. And I do thank you.
That's what I understood.
So that -- but if DCA did have a problem, would they come to
the county or would they come to the school district?
MS. TREY AR THEN: And you've hit the sort of nub of school
concurrency . We're sort of bound together on this. But this is clearly
an aspect where the school board is, you know, sort of taking the
laboring role. And so they would definitely be involved in addressing
any concerns about financial feasibility.
COMMISSIONER MURRAY: Would make sense.
MS. TREY AR THEN: Yeah. They have to be.
COMMISSIONER MURRAY: Okay. So by reference then, I
understand it in its context. Thank you.
CHAIRMAN STRAIN: We're onto Page 29. Any questions on
Page 29?
COMMISSIONER MURRAY: Let's see in have any.
CHAIRMAN STRAIN: Michelle, on B of Page 29, about the
fifth line down, it references Policy 1.15. It should be 1.1.5.
And then it says of this element are to be maintained at the end
of the five-year planning period. Don't you have to maintain them
throughout?
MS. MOSCA: Well, we have a staff edition, we discussed this
with the consultant, we're going to change the wording to within.
CHAIRMAN STRAIN: Within the five-year plan. Okay, that
works, too.
Under A up above it says, not including public school facilities.
I thought they will be coming under the AUIR process. Maybe not
the same time as ours, but aren't they going to be in that --
MS. MOSCA: My understanding is that they are not part of our
AUIR process.
CHAIRMAN STRAIN: So they are -- but we are going to be
reviewing them. They'll just come in later?
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MS. MOSCA: We have included a review of the district CIP
within the ILA appendices, specifically Appendix D.
MR. COHEN: And what's transpiring, Mr. Chairman, is the
schedule of the adoption of the school board's CIP. It doesn't run
parallel with the AUIR because of the budget years. However, when
we get to the time for review and adoption of the CIE, we'll have all
the information in hand from both the review at the AUIR and the
CIP.
CHAIRMAN STRAIN: Okay. Page 30, last page. Any
questions on Page 30?
(No response.)
CHAIRMAN STRAIN: The way that one reads, number three,
talks about the geographic boundaries of the CSAs. Really that's not
limited to the geographic boundaries of the CSAs, because we can
use adjacent CSAs. So do we need to clean that up? Because by
referring to the actual geographic boundaries, it's a little more
definitive.
MS. TREV ARTHEN: And I understand your point and how it
could be read that way. However, the whole statute is structured that
way, that it's applied on the CSA and then separately they say, oh, by
the way, if you need to, you can shift--
COMMISSIONER MURRAY: Go for the next.
MS. TREY ARTHEN: -- to the adjacent.
CHAIRMAN STRAIN: So you're telling me this is language--
MS. TREY ARTHEN: It sort of follows the structure of the
statute.
CHAIRMAN STRAIN: Staff, are you guys fine with that?
MS. MOSCA: Staffhas no objection to the language as
proposed.
CHAIRMAN STRAIN: That gets us to the end of the CIE.
Chris, I'm not going to try to forget you again. If you have
anything, just come on up. You're the only one in the audience, so
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feel free to walk up here at any time. This is such a hot ticket in this
county .
Okay, the next element, and I think the final one, is the ICE.
MS. TREYARTHEN: Yes.
CHAIRMAN STRAIN: This one didn't have a lot of changes.
Randy, I had asked for a document, and unfortunately it didn't
get to me. It doesn't mean I'm still not interested in it. Mike Bosi was
going to mail it to me, so that's probably what happened, the mail is
not as fast as the --
MR. CO HEN : Well, it could be just Mike Bosi, though.
CHAIRMAN STRAIN: No, Mike's pretty good.
MR. COHEN: I'm just kidding. Which item?
CHAIRMAN STRAIN: On Page 1, it refers to the Collier
County intergovernmental service delivery agreement report. I just
want to make sure I still get that eventually to read.
MS. MOSCA: I have an extra one.
CHAIRMAN STRAIN: Okay. Not right now, but eventually.
This one doesn't have a lot of changes on it till we get to Page 3.
And Page 4 has a little bit more. Are there any requests on Page 3 or
4?
(No response.)
CHAIRMAN STRAIN: Ifnot, we'll move to Page 5.
(No response.)
CHAIRMAN STRAIN: And we're done with that element.
Now, we've had four elements to go over. And we've got
papers on different elements to process here today. So let's start with
the last one, because that's the easiest. Is there a recommendation to
-- is there a motion to recommend approval of the ICE element as
proposed in today's meeting to the Board of County Commissioners?
COMMISSIONER MURRAY: So moved.
COMMISSIONER ADELSTEIN: So moved.
CHAIRMAN STRAIN: Motion made by Commissioner
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November 1, 2007
Adelstein, seconded by Mr. Commissioner Murray. Any discussion?
All those in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: We got past the most difficult one.
Now let's get into the CIE.
And the only issue I have in my notes from the CIE is in Section
1.2.4, staffs going to take a look at whether or not the language there
ought to be removed referencing schools. If it isn't removed, then
they're going to verify that the other elements of that section aren't
affected by it.
MR. COHEN: Mr. Chairman, one thing that I need to clarify.
We're going to look at it from two perspectives: Whether it needs to
be removed or potentially whether additional language needs to be
added to clarify what the intent is.
CHAIRMAN STRAIN: I agree.
Staff, I think you did have some suggestions on that particular
item. I'm not sure. Let me look at my notes. Yes, the CIE on yours,
Page 29, 6-B. You recommend removing the phrase at the end of it
and replace with the word throughout. Isn't that the one we just
talked about, now you picked a different word? Within now, wasn't
it?
MS. MOSCA: Yes, it's within, correct.
CHAIRMAN STRAIN: Okay, are there any things in that
element -- we've heard from the school board staff presenting this,
county staff. Are there any items in there that we need to discuss
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further?
MR. COHEN: I think it's appropriate, Mr. Chairman, that if
there are any inconsistencies with the CIP and the CIE, before making
a motion on this particular item, that they need to be discussed and
thoroughly vetted at this point in time.
From a staffs perspective, the CIP for -- that the school board
adopted has two schools, and I do have a question for the school
board at this time as well, too.
It had two schools that were adopted on September 20th in the
work plan, both of which would have effects on our CIE, because
they would impact roads that do not exist.
That being said, there would be a requirement that -- if we
added them, there would be a requirement there being no funding
source that we would have to fund those roads. That was High
School EEE and Elementary School O.
We recently received a letter from the school board indicating
that they've removed Elementary School 0 from the work plan.
My question that I have, and I just got the letter today
personally, my question was did the school board take official action
on that? I don't know what their normal manner and priorities in how
they handle those items. Here whenever we schedule an item for our
CIE, it's either, you know, adopted and put in a CIE, and when it's
removed it's done by the board as well too.
So we received a letter from Mr. Hardy indicating that would
transpire.
From staffs perspective, whenever we have an internal
inconsistency between what would be in the adopted document into
our plan by reference, which would be a CIP, and the CIE, we don't
move forward until we rectify that situation.
In this case, how do we pay for the road that's going to serve
High School EEE, and how are we going to finance the road that's
going to serve Elementary 0 iftheir board has not officially removed
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it from that work plan?
So we have a major concern there with respect to funding,
because we do not have in our five-year window adequate funds to
pay for roads like that. And obviously it's going to trigger the
necessity for those roads, and if an outside developer was to come on
in and see that we adopted a school by reference, you know, and
included that in there, they're going to say build the road, Collier
County. And I don't think we want to be in the position where we
have to expend millions and millions of dollars building a road just
for a school.
I think there are some solutions that we can reach with respect
to that possibly in the interim as we move forward; maybe some type
of interlocal agreement, you know, looking at new numbers with
respect to population and also the trends that have transpired as to
whether or not -- and also the enrollment figures whether or not that
school is actually needed three years out. It is possible we can do
that inbetween transmittal and adoption and come to some type of an
agreement.
But right now from a professional prospective, we as
comprehensive planning staff have some major problems with that
internally inconsistent situation that exists as a result of the adoption
of that work plan.
CHAIRMAN STRAIN: Thank you for pointing it out. And we
will try to resolve it and see where we've got to go.
MR. HARDY: Alvah Hardy for the school district.
The work plan that the school district submits to the state is a
living document. We've already spoken with the DOE. They use it
as a snapshot in time for their reporting to the state legislature on 67
districts.
It's a document that we have Internet access to and we're
modifying it at this point in time to remove Elementary 0 from the
five-year, sixth year to the eighth year so that the school will not
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appear in the plan at all.
High School EEE I will repeat is in the sixth year of the plan.
And the concurrency trips for school concurrency are the first three
years of the plan. So I'm not sure I understand the issue at hand.
MR. COHEN: Mr. Chairman, their sixth year would be our
fifth year. They show an expenditure of over $90 million in their
year three, which is our year two.
If you recall our board's policy with respect to expenditures
with regard to when we start construction or enter into a contract in
years one or two, in essence you better have in place your other
facilities.
In this case we don't. So as I said, that's one of those boundaries
where our budgets kind of cross each other. But they would be
opening that school in probably September of our fifth year. And we
do not have that road planned whatsoever in the fifth year, or is there
any identification of it in the long-term plan, until that need arises.
There's a further conflict also as we move forward. You're not
going to see it in this year's AUIR with regard to the decrease in
population as much as you're going to see it in next year's AUIR.
And when I talk about that, I talk about that with respect to all of our
public facilities.
As we run into a situation with COs actually declining, the last
-- this year's AUIR is going to reflect a higher number because we
had some additional COs that showed on up from April to April.
Well, the following April to April you're going to see a lot
different numbers. So there's a concern on the population side as
well, too, wherein the necessity of facilities goes down.
With that also comes another concern. When we have less
development, less demand on facilities, what ends up transpiring is
we get less revenue that comes into the revenue stream that can pay
for stuff.
In conjunction with that, we have things transpiring at a state
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level, which is putting an extremely difficult burden on local
government in order to pay for things. And until we get a good
handle on how to do that in the office of management budget, the
county manager's office, when we're dealing with a school that's
going to come into a system and there's no way to pay for it or no
agreement in place to pay for it, is extremely difficult for this staff to
recommend that you take action on that in a positive manner.
CHAIRMAN STRAIN: Okay, so it looks like Elementary
School 0 is resolved in the sense that it's going to be removed from
the five-year -- the CIP. Is that the issues in that --
MR. HARDY: The only thing I can add at this point is that the
county manager and the superintendent of schools discussed this issue
and to my knowledge they resolved it at their level.
CHAIRMAN STRAIN: They're not voting on this today, we
are.
MR. HARDY: That's fine.
CHAIRMAN STRAIN: Let me get back to the problem. There
was a problem with Elementary School 0, and that is now resolved
because it's removed from the five-year plan; is that a fair statement?
MS. TREY ARTHEN: Well, neither one of them, according to
the school district, are in the five-year plan. But the county is treating
a year six school as in year five, and it is moving to year eight.
That's what Mr. Hardy was --
CHAIRMAN STRAIN: So 0 is resolved.
MR. COHEN: Well, for the record--
MS. TREY ARTHEN: We believe they're all resolved.
MR. COHEN: For the record, what I need to do is have a
question answered.
On September 20th a budget was adopted by the School Board
of Collier County. It included both Elementary School 0 and High
School EEE. As far as I know, no changes have been made to that
budget. Both of those items were funded within that time period:
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High School EEE in year three, which is our year two and 0 in year
six, which is in year five.
So when you say they've been removed, I haven't seen an action
taken by the school board to remove them. I've seen a letter from Mr.
Hardy that indicates that Elementary School 0 has been moved out
to eight. That's just a letter from Mr. Hardy.
CHAIRMAN STRAIN: Randy, in order for this panel to go
forward in any manner, we can either accept or not -- provide a
recommendation of -- well, first of all, Marjorie, this is a GMP
element. Do we have to posture this in a manner that's a positive
recommendation in order for the BCC to act on it, or even a negative
recommendation or no recommendation? Now, remember, I believe
we're sitting by statute --
MS. STUDENT-STIRLING: This is the --
CHAIRMAN STRAIN: -- as the LPA in this regard.
MS. STUDENT-STIRLING: -- local planning agency, and the
statute says that you shall, you know, make recommendations. I don't
know, though, that you could carry that so far as to say that if you
have a problem with something that you can't say there's a problem
and we need to do something about it.
I talked with DCA about this issue, too, and their response was
that there should be enough time and procedures built into the ILA to
take care of a problem like this. Because the statute contemplates
that the school district and the local governments will come together
on these things and there shouldn't be a problem. I mean, that's the
way the statute's written.
CHAIRMAN STRAIN: Well, I think the most difficult
document we're going to have to discuss today is going to be the ILA,
because there are some issues that I think are going to be contested
when we get to it. Now, we have to get to it. I don't know what order
IS necessary.
But in regards to the CIE, if we have problems with two
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schools, one that seems to be resolved, and we stipulate that the CIE
from this panel is contingent on the resolution of those two issues
being resolved in order for our positive recommendation, is that a
way we can proceed, or do we have to have the definitive answers
now in a manner to go forward?
Because basically, Margie, I think it's the CIP the drives the
issues in the CIE that are at contest. Ifwe have a CIP that has been
told to us is going to be problematic for Collier County and the CIP
is incorporated into the CIE --
MS. STUDENT-STIRLING: Correct.
CHAIRMAN STRAIN: -- and we therefore cannot incorporate
it if we know that this problem occurs, what's our alternatives here
today?
MS. STUDENT-STIRLING: DCA, I posed this question to
them. The statute doesn't provide any alternatives other than an
interlocal agreement where there's ample coordination and so on to
work this out.
And DCA response was make sure that the interlocal agreement
has sufficient amount of procedures with a sufficient amount of time
to work it out. And I guess failing that there are provisions in the
ILA for alternate dispute resolution.
But unfortunately the statute doesn't say, well, this plan trumps
that plan or anything like that. Because the idea is everyone is to
coordinate and come up with a solution legally.
CHAIRMAN STRAIN: Well, this has been going on for quite
some time.
MS. STUDENT-STIRLING: I understand.
CHAIRMAN STRAIN: There doesn't appear to be a solution,
unless you guys have one to offer.
MR. COHEN: Mr. Chairman?
CHAIRMAN STRAIN: No, let the --
MR. DeYOUNG: Ijust wanted to add one thing in terms of the
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five-year capital plan and the difference in timing between the two
documents we're talking about today.
As we said, both documents are live, both documents are
amended each year. And of course the school district's responsibility
now is to achieve and maintain an adopted level of service standard.
And as they project their student enrollment each year, ifthere's
modifications and variations to that, they're going to make changes to
their five-year capital plan.
At the current time they had shown a need for an elementary
school and a high school. Those schools have slid, just as roads to be
improved have slid out in your capital plans, and I think what can be
said is, you know, each year the school district is going to be looking
at its population, student population projections in determining what
schools it needs and where those schools are needed.
It is built into the interlocal that the county and the school
district will coordinate prior to the commencement of construction
off-site and on-site improvements. And I think you have to have
time to let the process work. The school district needs to show to the
state that it's financially feasible and it's meeting the adopted level of
service of schools, and they're doing that based on current population
projections and student population projections.
If Mr. Cohen is right and population is decreasing, student
population is decreasing in hand, those schools may be moved out
again out into a further year.
And as Mr. Hardy said, the school district is really only
committing in its five-year capital plan to the first three years of that
five-year capital plan.
So even in years four and five, those are planning years. And if
anything, it's putting the county on notice, and it should, that there is
going to be a future need. I don't think there's any need at this time
for a high school that's in year six of the school districts, not even in
the capital plan, but year six of their planning process, and then if
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you want to talk about construction, won't even be built -- will be two
years after that, most likely. So 2008 before it even opens, having
this hold the process up at this time in terms of what is ultimately
going to be the necessary process in accordance with state
requirements and guidelines.
CHAIRMAN STRAIN: Well, you said the key words, though,
you're putting the county on notice. That's what I think we're
concerned about.
MR. DeYOUNG: Well, I think when I say--
MS. TREY ARTHEN: Of the eventual need. It could be 10
years --
CHAIRMAN STRAIN: But see, say you come in in your year
six, and maybe it's our year five, and we don't have the roads heading
in that direction by the time you get to that point. You have put us on
notice this year that you're going to need us there in that year. We
don't have the funds from the development going up in the growth in
that area. How are we going to make that happen?
MS. TREY ARTHEN: But we also have five opportunities to
resolve this problem. In the next -- there's five annual updates before
we even get here. I mean, I think in a real sense it's very hard to
understand how this is -- as we might say as attorneys, there's no live
case or controversy there. It is outside the scope of the school
board's five-year plan, it's a future problem, not a current problem.
MR. COHEN: I need to correct the record here, because I'm
hearing year six, year eight.
I sat in the school board meeting on September the 20th where a
work plan was presented to the Collier County School Board on the
consent agenda when -- in the work plan. And I have it here.
In year three, which is our year two, over $90 million budgeted
for High School EEE and in your year six, which is our year five,
over 30 million, maybe $40 million budgeted for Elementary School
O.
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Now, from my perspective where I have to incorporate or my
county has to incorporate a working plan, which you said is not a
static document, it's something that goes over time, has there been
any action taken by the Collier County School Board that has
changed that work plan? Because I haven't seen it. I've gotten a letter
from Mr. Hardy that says that School O's been moved out. But now
I'm hearing that certain schools are moving out.
What I've asked your staff to do is to revisit the numbers, if
possible, to take a look at them from the perspective based on
declining enrollment, declining population, to see if those schools
were actually necessary in those years. I think that's a vital thing that
needs to transpire.
I've been told that it's a work in progress and they really won't
know till March, April, May, whatever the case would be as to when
that need may transpire.
What I do know is that -- what I sat in on was a meeting where
specific years weren't discussed -- well, they weren't discussed but
were actually adopted by the Collier County School Board. If that's
changed by staff or there's a recommendation to change it by staff, I
know the normal process here is that we adopt it and go through our
board channels. I don't know if that's transpired with the board.
CHAIRMAN STRAIN: Randy, let me cut to the quick here.
MR. COHEN: Go ahead.
CHAIRMAN STRAIN: And I understand where you're going, I
appreciate your explanation.
Basically we have a CIE that is dependent on a CIP. The CIP
that's in front of us today, we have conflicting testimony on
concerning its viability. County staff feels that it's going to put us in a
position that we may have an obligation that we can't meet based on
the revenue stream that could be coming in from the projected
population.
The school board has a position that over the next five years
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things will change and that may not be the case.
But either way, the CIP has it in it. And the CIE that we may
adopt is contingent on that.
MR. COHEN: Even if they move High School EEE out to year
six, which is our year five, we have a financially -- we have an
inconsistency with their plan.
CHAIRMAN STRAIN: Right, I understand that. And that's
where I'm going with my next question to our legal staff.
Margie, can we even contemplate recommending adoption of a
CIE that is now testified to be inconsistent with the CIP that's --
MS. STUDENT-STIRLING: This is what I would do. I would
consider all of it that you can recommend approval on on that point. I
would put a caveat, and I think what we do is we send it up to DCA
that way.
Because I've been told by them, you guys have to work this out.
You should have plans that get you well ahead of the curve on this.
And the statute doesn't contemplate what to do if you can't, other
than the alternate dispute resolution process, which can be lengthy,
referenced in the IL -- in the existing ILA that we have and also the
proposed.
So that's the only thing I know to do, put that in there as a
caveat, say we've reached a deadlock here and what our concerns are,
and then see what we get back on the ORC.
CHAIRMAN STRAIN: Okay. So what you're recommending
is that we could go forward with a recommendation of adoption
subject to the various changes we would --
MS. STUDENT-STIRLING: Correct.
CHAIRMAN STRAIN: -- speak about.
MS. STUDENT-STIRLING: And then mention--
CHAIRMAN STRAIN: Except that the references to High
School EEE and Elementary School 0 in the school CIP are not at
this time part of that adoption recommendation.
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MS. STUDENT-STIRLING: Correct. And we need to express
very particularly what, you know, the problem is with our plan and its
financial feasibility with that in the school plan, and put it squarely
before DCA.
CHAIRMAN STRAIN: Okay, but the financial feasibility to
due to the lack of other infrastructure elements that would be going
there, which are not really in the school plan, they're just not in our
plan at this time.
MS. STUDENT-STIRLING: Correct. That would be the roads
to serve the school that is not in our plan and may cause us severe
financial difficulty to move something else out and substitute it with
that or raise additional money to do the roads, as well as what's
already in there.
CHAIRMAN STRAIN: County staff, is that a means to an
end?
MR. COHEN : Yes, sir.
And what I'd also recommend, in between the transmittal
hearing that's transpiring right now and the adoption hearing, I think
there's some opportunity with the staffs in both governments to look
at the differences that exist. Maybe look at some numbers that are out
there and maybe we can work out and rectify those differences as
well, too, before coming back for an adoption of a public hearing. I
think that opportunity exists, and I think we should, as both
governments should, pursue the avenues to get there, if we can.
CHAIRMAN STRAIN: Okay. Well, then, I would be
suggesting then for this panel to consider a recommendation of a
transmittal of the CIE with the staff stipulation that -- with the
stipulation that Items 1.2.4 be reviewed by county staff for whether
or not we need to include the reference to public schools in that
policy. Ifwe do, how that then needs to change other policies within
that same section of the CIE. And that also we find that due to
financial feasibility with the lack of service facilities in the county's
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r
plan that the schools CIP for High School EEE and Elementary
School 0 not be accepted at this time. Is that sufficient, Ms.
Student?
MS. STUDENT-STIRLING: Yes, I think so. That it not be
accepted and that we also note when we transmit to DCA, unless it's
resolved before then, that this is an issue that we have received an
Impasse on.
CHAIRMAN STRAIN: And that we would note to DCA that
that's an outstanding issue and an impasse issue.
MS. STUDENT-STIRLING: Ifwe don't--
CHAIRMAN STRAIN: Ifwe don't resolve it by the time of
transmittal.
Is there a second for that motion?
COMMISSIONER ADELSTEIN: I'm make a second.
COMMISSIONER MURRAY: That's fine.
CHAIRMAN STRAIN: Mr. Adelstein made the second.
Is there discussion?
COMMISSIONER MURRAY: I just had a question.
CHAIRMAN STRAIN: Yes.
COMMISSIONER MURRAY: I've been trying to follow this
and I think I have, but it seemed to me that the interlocal agreement
was, according to what I read anyway, was the place where these
things -- that they force it to come to a determination.
School district's talking DOE, we're talking DCA. What do we
expect from the DCA when we send it in this way? What do they do
except likely tell us go to your interlocal agreement?
MR. COHEN: Mr. Murray--
COMMISSIONER MURRAY: I'm sorry for being ignorant,
but I'm --
MR. COHEN: Let me go ahead and -- because I've had
conversations with both DCA and DOE. Michelle and I had a
conversation with Mike McDaniel with regard to the inconsistencies.
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And first of all, one of the things that he told us is when they
transmit, you know, the public schools facilities element, they don't
have the staff up there to review it to see whether or not it's internally
inconsistent with other aspects of your comprehensive plan, and it's
your duty as a county to do that yourself.
And we've taken that upon ourselves to do that.
COMMISSIONER MURRAY: Okay.
MR. COHEN: And my question to him, and this is
paraphrasing, because I don't remember the exact question, but I
asked him that if we included a school in our -- that was in the CIP
and adopted the public schools facilities element and I used High
School EEE as an example, that was in their year three, which is our
year two, and we did not have that road program, would we be
responsible for building that road? His response was you're
technically correct. Okay.
So I think it speaks for itself. When we talk DOE, okay, we get
back into the situation with conflicting statutes that chapter 163
conflicts with Chapter 1013, and again, DOE in a conflict with DCA.
And that's something that all needs to be rectified at a certain
level. So we find it problematic. But the word from DCA is that you
have to be internally consistent.
COMMISSIONER MURRAY: Well, I concur. And I concur
with the Chair the way he's described it and with Marjorie's
statements, so I would vote for that certainly.
It just seems to me we're staving off something that probably is
going to end up being resolved in the interlocal agreement.
CHAIRMAN STRAIN: Well, I think to further debate it here
today, we can't resolve it. So I think this is the best way to get it
passed us to a point where someone is going to be forced to --
MR. COHEN: I think we need to get to a point where as a
matter of protocol that in part of the LIA that we don't get into
situations like this in the future. And I think that's the intent where
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we need to go.
CHAIRMAN STRAIN: Any more discussion on the motion?
(No response.)
CHAIRMAN STRAIN: We've still got five people here. All
those in favor of the motion as stated, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries.
Now, we've got to go into two other items. I think we can finish
up this afternoon, but we need to take another break. We'll be back
here at five minutes after 4:00.
(Recess.)
CHAIRMAN STRAIN: Okay.
MR. COHEN: Mr. Chairman, you have a live mic.
CHAIRMAN STRAIN: Okay, welcome back to this lively
meeting.
Before we go too far, I'd like to poll the members. I know Brad
hasn't got too much of a concern about time frame. It's late enough, I
don't mind going till we finish. But Mr. Kolflat, I know you've got
time constraints in the evening.
COMMISSIONER KOLFLA T: I'd like to be home before the
sun goes down.
CHAIRMAN STRAIN: What if it's cloudy out?
COMMISSIONER ADELSTEIN: That's 7:00, by the way.
CHAIRMAN STRAIN: Mr. Adelstein, are you -- what's the
latest --
COMMISSIONER ADELSTEIN: I'm fine.
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CHAIRMAN STRAIN: Mr. Murray, anything?
COMMISSIONER MURRAY: Anything you want to do.
CHAIRMAN STRAIN: Okay. And I think it then falls back
onto Cherie', and we'll all give her evil looks because she has to leave
at 5:30. So at 5:30 we'll do as best we can to wrap this up by then.
COMMISSIONER ADELSTEIN: That's a good idea.
CHAIRMAN STRAIN: That means you guys just need to
agree on everything and stop disagreeing and we'll make this a lot
faster.
So we got past the capital improvement element and we're now
into the PSFE. Now, let me read my notes for that. First of all, there
were a couple of items changed by staff. I think everybody was in
agreement with what's on the handout sheet in staff changes.
MR. DeYOUNG: That's correct, we were in agreement.
CHAIRMAN STRAIN: I think the following items are
important to be considered in the PSFE. One is that they determine
the consistency between the impact fee study and the PSFE and CIE
level of service.
And that is something that is the 95 percent to 100 percent
discussion. We talked about it, someone needs to resolve it before it
goes to the board, that that inconsistency between those documents
gets resolved or how it has to get resolved.
The effective date that needs to be entered into the PSFE for this
whole process is in March of '08.
Policy 1.2.5, there was an omission there that needs to be
checked. Let me see what that one was so I can recall.
MS. TREY ARTHEN: I think what we said is ifit was legally
required we would leave it in, if not, we would take it out.
CHAIRMAN STRAIN: Okay, that's correct. So Policy 1.2.5
will be verified whether or not it needed to be there.
Policy 1.3.5, that was going to be modified by removing Items
A, Band C. And we're going to add the 9J-5 language verbatim.
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And Item 1.2.2 was going to be modified possibly as a result of
Margie Student's response from DCA to implement additional
language into Item F concerning downgraded DRIs.
And there was one other issue I just found out about from Chris,
and he basically said that the PSFE had for exemptions six items, but
the ILA had five listed, and that item C was the item that wasn't
listed in the ILA. I'm not sure if staff is aware of that.
And that is the amendment to previously approved development
orders. That does not increase the number of dwelling units or
change the dwelling unit type.
That's another exemption that apparently didn't get -- Chris
didn't think it got carried over in the ILA, so we can go back and
check that. But if that is a -- well, let's just check it right now. Do
you know -- I see everybody is turning pages, so --
MS. TREY ARTHEN: I think in the interest of time we could
all agree that that is a provision that works in both documents, and if
it's not in both documents, we'll make sure it is.
CHAIRMAN STRAIN: Okay. So the verification of that item
will be taken care of.
And that falls under Policy 1.2.2 will be consistent with the
ILA.
MS. MOSCA: Mr. Chairman, I have one other item, when your
CHAIRMAN STRAIN: Yes, ma'am.
MS. MOSCA: -- list is complete.
Same as we have with the CIE, there's a map that indicates the
opening of combo School EEE, and that's on Page 13.
CHAIRMAN STRAIN: Okay.
MS. MOSCA: We'll need to address that somehow. Consistent
with the recommendation from the -- with the CIE.
CHAIRMAN STRAIN: So the PSFE will also be contingent on
whatever methodology is worked out in regards to High School EEE
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and Middle School (sic) 0, as previously stated on the CIE.
MS. MOSCA: Actually, Mr. Chairman, 0 is not listed on that
map, so it would just be EEE for the--
CHAIRMAN STRAIN: Just EEE?
MS. MOSCA: Yes, sir.
CHAIRMAN STRAIN: Okay, before we make a motion--
COMMISSIONER MURRAY: Wait, don't you have -- on Page
7 you had a couple of changes?
MR. DeYOUNG: There was also a change to Policy 1.3.3 to
take the word ensure out and replace it with the word determine.
COMMISSIONER MURRAY: Go back to Page 7.
CHAIRMAN STRAIN: I didn't get into the smaller ones.
Since you guys were in agreement as we went along, I assumed those
would be made. I wanted to make sure some of these that were more
broad or more encompassing, like removal of complete sections, that
we just reiterated that.
Mr. Murray?
COMMISSIONER MURRAY: No, that's fine. As long as we
understand, like 1.2.6, one year instead of 180 days. Those are the
kind of things you're talking about?
CHAIRMAN STRAIN: I wasn't going to include that.
COMMISSIONER MURRAY: Not a problem for me.
CHAIRMAN STRAIN: Those were minor text changes that
both parties agreed to as we went along. I didn't write them down,
they seemed -- I think the record's clear on them.
MS. MOSCA: Mr. Chairman, they're also on the summary
sheet that was provided to all the commissioners.
COMMISSIONER MURRA Y: All the changes we made here
today?
MS. MOSCA: All of the changes that had I mentioned as --
COMMISSIONER MURRAY: Okay, that's fine.
CHAIRMAN STRAIN: Now, from a staffs perspective, the
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stipulations that I reiterated on the PSFE, are they clear enough or
you want them stated again?
MS. MOSCA: No, they're clear.
CHAIRMAN STRAIN: Everybody satisfied? Then I'd like to
make those stipulations in the form of a motion to recommend
transmittal --
COMMISSIONER MURRAY: Second.
CHAIRMAN STRAIN: -- the PSFE.
Seconded by Mr. Murray.
Is there any further discussion?
(No response.)
CHAIRMAN STRAIN: All those in favor, signify by saying
aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries.
Okay, that gets us back to the one that we started with last
week, and it is the interlocal agreement.
And Michelle, you were kind enough to supply a list of items
that came out of that meeting. I have gone through your list. I have
some issues with it only for clarification, and some additions.
And let's start with your number nine on the list. Now, I've got
a series of your list on this issue, but I think it's all number nine on all
the pages that I've got. This says Page 25, Section 14.1(C-5). I think
section 14.1 (C-5) occurs on Page 29.
MS. MOSCA: Yes.
CHAIRMAN STRAIN: So that correction needs to be made.
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On your page -- you have a correction number 12. I didn't have
any problem with your other corrections 1 through 11. Well, I have
multiple I through one II s.
Michelle, I don't know which one you're using to read from,
because I've gotten so many. The first words on the one I have up on
top says CPSP 2007-7. Are those the very first words on the top of
the page with the interlocal agreement changes on it?
MS. MOSCA: Yes.
CHAIRMAN STRAIN: Then I am reviewing from the right
one.
MS. TREY ARTHEN: I think the first page is the meeting
changes and then the second page where the numbering starts over is
what the county staff had already given you in writing at the first part
of this hearing.
CHAIRMAN STRAIN: Well, then we've got another one
today, so that's kind of what's adding to the confusion. I've got
multiple pages of corrections.
MS. MOSCA: What I did, when I provided the -- when I sent
out the e-mail yesterday, I also mentioned in the e-mail that I would
provide hard copy to all commission members. So in the event that
you weren't able to print it out, that's just a duplicate.
CHAIRMAN STRAIN: How many items of correction do you
have in total?
MS. TREY ARTHEN: 11 and 13, I think.
MS. MOSCA: Right. On the interlocal agreement, Page 1, I
have a total of 11.
Page 2 on the interlocal agreement, I have a total of 13. And
that goes over to Page 3.
CHAIRMAN STRAIN: Right. Now I think that's my
confusion. My second page has 11 restated, which is really 10, and
12 which is really 11. And then I get finally to 13. So I don't have
apparently the right pages, or I've got -- I've got to make sure we're
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right on this, and let me --
COMMISSIONER KOLFLA T: One has blue, red and black
type on it.
MS. TREY AR THEN: Maybe if staff could just compare
physically yours with theirs.
CHAIRMAN STRAIN: Those are the ones I was using. Okay,
that's the one you handed out today. Unfortunately I made my notes
on the one from prior. That does make it hard. Okay, we can still
use it.
Number 12, Page 31, 14.4. Michelle, yours reads, school
district has requested the removal of the last sentence. And then
district staff is concerned about the reliability of the data with
potential daily/weekly updates. The text was revised as agreed to at
the 18th CCPC meeting. Does that mean county staff concurs with
that?
MS. MOSCA: Yes. What's revised, if you look at the first page
-- and I'm sorry it's so confusing.
CHAIRMAN STRAIN: That's not a problem.
MS. TREY ARTHEN: It's Page lIon Page I that's the actual
text. This is basically a change that's in two different places, but it's
the same one.
CHAIRMAN STRAIN: I want to make sure you both concur
on the change.
MS. TREVARTHEN: Right, we do.
CHAIRMAN STRAIN: You don't have a problem with it?
Okay, then I don't have any other questions. And your items 1
through 13, I do have a considerable amount that need to be added.
Does anybody else have any questions about staffs corrections
on Items I through 13?
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: Okay. Well, then let's go into the other
parts of the document. The first one is 12.3.B. We discussed this last
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week. I was somewhat surprised at the response, and so I want to
make sure we know what it is.
COMMISSIONER MURRAY: What page are you on, Mr.
Chairman?
CHAIRMAN STRAIN: It would be Page 8 -- actually, Page 19
of the interlocal agreement.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: There was language taken out of
12.3.B. The language that was taken out says, the school district, a
developer pursuant to section 163 .3164.5FS, shall be subject to the
county's comprehensive plan and the Land Development Code as
amended for site development plan review.
Now, I strongly believe that our codes should be adhered to, and
that means the school system, too. [know you don't like that idea and
I don't understand why.
MS. TREY ARTHEN: Because the statutes don't say that, and
the statutes give the right to the school district to not have to obligate
themselves to full compliance.
Also, as a matter of factual issues here between Collier County
and Collier County School District in the past by the agreements that
you have in place, that is not currently true. There are certain areas
where the school district is given a different or more lenient standard
under your own SBR.
So this is even more demanding, if this were to be left in, than
what we have all been living under. And that's why the school
district is not agreeing to that.
CHAIRMAN STRAIN: Well, but it does say as amended for
site development plan review. So doesn't it take into the
consideration the amendments that have been made to -- in the
process that you now are talking about?
MS. TREY ARTHEN: I think the provision says -- at that level
the provision says what it needs to say without the remaining
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language. And we see the remaining language as, you know, a
foothold for somebody to argue that it's full compliance with the
code and the plan. And that's not what either party intended, that's
not what's in the SBR.
CHAIRMAN STRAIN: What part -- go ahead.
MR. COHEN: Mr. Chairman, I would respectfully disagree.
The interlocal agreement from a professional standpoint, the SBR,
when I say interlocal agreement, expires in 2009.
I think the language that's there -- that was there originally was
intended as a safeguard if the SBR wasn't renegotiated.
I know this item was discussed between school board
administrators and also with our administrators as well. And that's
where you see that new language that was inserted. And I just
wanted to call that to your attention.
CHAIRMAN STRAIN: Okay, but if we were to put the
language back in that's been omitted and says it applies in the absence
of an SBR, wouldn't that get us there?
MS. TREYARTHEN: No.
CHAIRMAN STRAIN: Why?
MS. TREY ARTHEN: Because you're changing the agreed
recommendation by the two staffs, and you're obligating us to more
than the statute and more than the SBR, and that's not in the school
district's estimation reasonable.
CHAIRMAN STRAIN: Let's back up to the first item you said.
You said we're changing the agreement reached by the two staffs?
MS. TREY ARTHEN: Urn-hum.
CHAIRMAN STRAIN: What two staffs?
MS. TREY ARTHEN: This document, everything you've heard
today is in the form of a staff recommendation that has been
developed by county staff with input and extensive involvement from
school board staff and we as outside consultants have helped both
staffs to develop this document. That's the nature of what's in front of
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you and what you're voting on. You certainly are free to make
whatever recommendation you see fit as the planning commission.
What I'm just referring to is the recommendation of both staffs
before you is this language.
CHAIRMAN STRAIN: Okay. You said both staffs are in
agreement.
Michelle or Randy, in your professional opinion, are you in
agreement with that struck language? I don't care which one of you
do it, but I mean, I thought the whole purpose of the two groups
coming together was that they would be consistent with our county
planning.
MR. COHEN: Mr. Chairman, I'll go ahead and I'll address that.
Because I've talked to DCA with respect to this item as well, too.
I specifically asked Mike McDaniel if the school board was
exempt as a developer under Chapter 163. His answer to me was no,
they're required to conform to your county comprehensive plan and
your land development regulations.
I've had a conversation with Ms. Student-Stirling with respect to
that, and I believe she concurs with that assessment. And I would--
MS. STUDENT-STIRLING: I do.
MR. COHEN: --like her to talk if she concurs with that as
well. She said she did.
CHAIRMAN STRAIN: Margie?
MS. STUDENT-STIRLING: I do. And--
CHAIRMAN STRAIN: We're not getting married, Margie.
Let's get more into the issue here.
MS. STUDENT-STIRLING: No, it's been my position that the
schools need to be consistent with our compo plan and also our LDRs,
except where they have building code requirements and SREF
(phonetic ).
CHAIRMAN STRAIN: Okay, but we do have language in our
LDRs that specifically address school site plan review.
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MS. STUDENT-STIRLING: Yes, the SBR process.
CHAIRMAN STRAIN: Right. So really, aren't we saying that
they'll be consistent with our comprehensive plan and Land
Development Code subject to the SBR process, and if that process
isn't there, then they would have to fall back on our code. Is that a
fair statement?
MS. STUDENT-STIRLING: Yes.
MR. DeYOUNG: Can we interject something?
CHAIRMAN STRAIN: Sure.
MR. DeYOUNG: I think one of the things that needs to be
stated here is that what we're saying is in addition to 163.3164 that
will be subject to your compo plan and Land Development Code, and
the statutes specifically accept school districts from having to comply
with your landscape code.
So by accepting this provision, you are going to be basically
making us meet all of the requirements of your land development
code, in which case you're actually superseding the statutes.
CHAIRMAN STRAIN: Except -- so your issue here now,
boiling down to the bottom line, you guys are concerned about the
landscape code.
MR. De YOUNG: It's not just the --
MS. TREY ARTHEN: That's one example. It's not--
MR. De YOUNG: It's an example to say that the statutes -- the
SBR's there as the guiding document for the school district and the
county to review school sites.
The second provision that's here that was negotiated with upper
level staff on both sides was in the event that that agreement expires.
Now, that agreement doesn't even expire in 2009. Now this
document's going to be executed at some point by all parties and
continue on.
To just wholesale include all compo plan and Land Development
Code regulations would be, you know, taking certain provisions out
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ofthe Florida statutes that exempt the school district from provisions
of your land development code.
MS. STUDENT-STIRLING: Mr.--
CHAIRMAN STRAIN: Go ahead, Ms. Student.
MS. STUDENT -STIRLING: I'm going to read the statutory
section. And one of the difficulties we've always had is there's a little
exemption provision in here about the Florida Building Code, and
what that really means and iflandscape is part of that. But I'm going
to read it.
If the site is consistent with the comprehensive plan's land use
policies and categories in which public schools are identified as
allowable uses, the local government may not deny the application,
but it may impose reasonable development standards and conditions
in accordance with 10.13.51.1 -- which has something to do with
sidewalks, I'm not sure why it's in there -- and consider the site plan
and its adequacy as it relates to environmental concerns, health, safety
and welfare, and effects on adjacent property.
Landscaping, you know, deals with the uses effects on adjacent
property .
CHAIRMAN STRAIN: The reference in here to a developer
pursuant to Section 163 .3164.F, what is the relevance of having that
statement in here?
MS. MOSCA: Mr. Chairman, it defines who a developer is.
And the school district is considered a developer under 163.
CHAIRMAN STRAIN: But what difference does it make to the
language in the statement? Whether that was in there or not, the
language in the statement would remain the same, right?
MS. MOSCA: Correct.
CHAIRMAN STRAIN: Okay. I know you may not agree with
this, but it seems that we could word it this way. First of all, starting
with that strike-out language: In the absence of an SBR, the school
district shall be subject to the county's comprehensive plan and Land
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Development Code as amended for site development plan review.
Now, that catches -- as long as you have an SBR in place, you
guys are covered. If you fail to negotiate one out, well, guess what?
You fall back on our plan.
MS. TREY ARTHEN: I think we're also overlooking that this
language has a remedy in it. The discussion assumes that we will get
to the point that the SBR will inevitably expire and we'll be left out
there and we have no idea what will happen.
After lengthy discussions, this was developed and agreed to. It
has a very strong resolution built into it. Let's just make sure we've
read this paragraph. It says we're going to go to court and the court
is going to tell us in a declaratory judgment action who's right. We're
going to cut to the chase and we're going to say whatever the court
says we both agree to abide by.
So it is not correct to just create this idea that, you know, maybe
inadvertently that we got into talking about that oh, my goodness, if
SBR expires we're just out in the wilderness and we don't know what
to do. We have a solution built in here. It's clear, it's clear when it's
triggered, it's not a type of litigation that will take long or be that
expensive, it's really just a question of law, and it resolves the issue.
And we don't have to keep butting heads over it. And I think that's
why it's here before you as a way out of this.
CHAIRMAN STRAIN: Is the declaratory judgment
appealable?
MS. TREYARTHEN: Yes, it is.
CHAIRMAN STRAIN: Okay. Have you been to circuit court
in Collier County, or are you familiar with circuit court in Collier
County?
MS. TREY ARTHEN: Many years ago I was.
CHAIRMAN STRAIN: What do you think it takes to get
through circuit court? Say that you had every roadblock put in front
of you. What would it take to get to circuit court?
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MS. TREY ARTHEN: Well, I would defer -- I think Marjorie is
much more up to date on time frames.
CHAIRMAN STRAIN: Margie, after discovery, depositions
and then various summary -- requests for summary judgment or
whatever else occurs, how long do you think a circuit court case
would take? And then if it's appealed, how long will that take? And
so my concern is it's going to take a long time. I think that's what
she'll end up saying.
COMMISSIONER ADELSTEIN: About three years.
CHAIRMAN STRAIN: So what happens in the meantime?
MS. STUDENT -STIRLING: It can take a long time. I don't --
the only litigation I do over there is writs of certiorari, and I'm waiting
for orders to show cause on some petitions for those for a while. I've
been waiting for a while, so --
MS. TREY ARTHEN: But this would be a declaratory
judgment. The writ, the procedure itself is inherently slow because
the court just gets to take however long it wants to tell you whether
to go forward.
Declaratory judgments have a clear -- and forgive me, I don't
have my rules and it's been a while since I litigated. But it's much
more straightforward litigation.
And the reason I'm stressing it being shorter is this is not
something where we're going to have extensive disputes about facts
and witnesses fighting with each other. We're going to go in there
and we're going to say we have a very well defined issue of law that
we disagree on. Judge, please tell us.
There's not going to be two weeks of witnesses, there's not
going to be 50 depositions, it's going to be a very narrow we disagree
on the law, please help us.
MS. STUDENT-STIRLING: It probably would be a summary
judgment type thing, and that can proceed more quickly.
MR. COHEN: Mr. Chairman, I wasn't going to discuss this, but
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because we're talking already about declaratory judgments and the
fact of negotiating a new SBR, Ms. Mosca and myself on more than
one occasion have had meetings with lower level county staff and
have been told point blank that they will let the SBR expire in 2009
with no negotiation whatsoever. And I think that's an important fact
to know at this point in time.
CHAIRMAN STRAIN: Well, you said lower level county
staff?
MR. COHEN: Lower level school board staff.
CHAIRMAN STRAIN: Oh, okay.
MS. TREY ARTHEN: And in can address that we had in the
room the leading staff from the school district who have committed,
and so did leading staff for the county, by the way, to work together
in good faith. Marjorie was a witness to this, as I was. And I resent
the implication that that has not been -- taken place.
CHAIRMAN STRAIN: Well, as long as the school board
review remains in place, you guys are covered; is that right?
MS. TREY ARTHEN: Well, that's the current status quo and
there's not an issue with the status quo. The issue that we're
discussing is what happens if and when. And it's a big if.
That meeting -- and I would again ask Margie to disagree with
me if she read the meeting differently. There was a very strong
expression by both parties that we are going to work diligently in
good faith to work out the -- whether it's an extension or an
amendment to the SBR. But there was an acknowledgement of the
reality that there are some issues there. And we wanted to build in
that there would be a remedy, despite all the efforts we were not able
to come to an agreement.
CHAIRMAN STRAIN: Okay. I don't think anybody's
suggesting we take out your remedy. And I think that if you've got
two reasonable managers, you've got County Manager Mudd and
you've got your new manager, Mr. Thompson, between the two of
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them, if they've come to gentlemen agreements on other items in
here, that's great. And I think they can continue to.
But I think it's the board's responsibility to make sure that they
do. And one way to make sure that they do is that we put that
language back in as I've previously paraphrased it so in the case the
SBR were to drop out for some reason and these two gentlemen
couldn't get together on agreement, we have a fallback position, and
yes, you still have your court position, you still move forward with
your court action. But in the meantime we have a fallback position,
and that may put pressure on both parties to work together faster to
assure an outcome.
MR. DeYOUNG: I think there's a couple of other things that
need to be addressed here. And I know you're at 1013.33.13. There
is another provision that's not 1013.33.13 or 1013.51. I want to say,
and it's off the top of my head, since I don't have the statutes in front
of me, I believe it's 1013.57 which specifically exempts school
districts from local landscape ordinances.
It's a completely separate section of the Florida Statutes and this
language is in direct conflict with that language that's in the statutes.
And I don't think that the school district, I can say, is going to be
willing to accept this language.
Now, the school district is a signatory to this agreement, just as
the county is. And so is the City of Naples, Everglades City and
Marco Island. So there's other parties that are going to be signing
this agreement and have to agree to the language.
MS. STUDENT-STIRLING: I have a suggestion. I just looked
in here for 1013.57 and didn't find one. But Ms. Trevarthen or
somebody can send me or our staff those portions that they claim, you
know, exempts them from our land code. And then we can put in the
reference to our land code and list those statutory sections and with
the subject matter and say our land code applies except for, and we
state the subject matter pursuant to subsection whatever of the Florida
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Statutes.
MS. TREY ARTHEN: But that's not the only issue that's at
stake here. And we would be glad to provide the authority.
I think the larger issue is that the problem with the statute is you
can go on all night with this. She can pull a phrase, I can pull a
phrase, I can make it look like.
MS. STUDENT-STIRLING: That's true.
MS. TREY ARTHEN: You don't have to follow it and she can
make it look like I have to follow it. It's a Tallahassee problem that
they have written a poorly designed statute that's incoherent and
doesn't agree with it, and 163 is over here and 1013, and different
parts of 1013 don't agree.
You know, it's not -- it just is. I mean, that's the way the law is.
And so to assume that we're going to solve this by zeroing in on one
piece of all these inconsistent statutes I don't think is useful.
MR. COHEN: Mr. Chair--
CHAIRMAN STRAIN: And I don't agree with you.
And Randy, let me put it to an end right here. I think that I've
formulated a statement that I can eventually make in the form of a
stipulation. We can see if the rest of the panel wants to go forward
with it.
COMMISSIONER MURRAY: And I agree with you, Mr.
Chairman.
CHAIRMAN STRAIN: And between now and the time of the
BCC hearing, if you guys resolve it further, you can argue the point
there and maybe make more headway than you're making here
tonight from both parties.
I simply -- I don't agree with all the language that's stricken but
I agree with most of it. I think it can be cleaned up. I think we can
say the following, that in the absence of a school board SBR -- sorry,
in the absence of an SBR agreement, the school district shall be
subject to the county's comprehensive plan and land development
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code as amended for site development plan review and subject to the
exceptions of the Florida Statutes.
We'll leave it like that and you guys take it to the next level and
figure out of you need to argue it there.
The other issue we have is 13.8.A. I'll get the page number here
in a minute. That would be on Page 26. There's some stricken
language in the center. I brought it up at our meeting a couple weeks
ago, I'm going to bring it up again. It says -- the following has been
removed: Provided such adoption does not affect the local
government's ability to maintain a financially feasible CIE for the
current five-year planning period.
That to me is a critical issue. That's what basically we centered
around the previous discussion in the CIE. And until the CIE issue is
resolved, I can't see how we can be taking that language out. So that
language, as far as I'm concerned, needs to remain intact. Any
comments?
COMMISSIONER SCHIFFER: I agree.
CHAIRMAN STRAIN: The other item is 13.7. Looks like
we've got to backtrack.
Margie, this is where the gap language was going to be inserted.
You were going to find out about what -- is that still an issue?
MS. STUDENT-STIRLING: I'm trying to look here and
refresh my -- oh, the gap for the -- yes, okay.
As I mentioned earlier, I talked to DCA, and they believe that
we should have our LDRs. I mean, they really said to go once this is
adopted.
CHAIRMAN STRAIN: Well, we can't have that. So now in the
meantime, does the existing language suffice?
MS. STUDENT-STIRLING: I think what we need to do is say
that we will rely on the comprehensive plan until such time as the
LDRs are adopted. And ifthere's a gap between that because of a
hiccup and somebody challenges it, we'll rely on the interlocaI. So
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we'll craft some language for that.
CHAIRMAN STRAIN: Okay, and then the last item that I
didn't see on the list is a small one, we were talking about it at the
first meeting, add a list of acronyms to the beginning of this
document. You guys got a whole page worth of new acronyms, and I
know it would help Tor and everybody else if we had it, and the
public reading it.
MR. COHEN: Yes, sir.
CHAIRMAN STRAIN: So let's go back and make sure we've
clear.
MS. MOSCA: Mr. Chairman, I also have an addition.
CHAIRMAN STRAIN: Yes, ma'am.
MS. MOSCA: That would be on Page 20. Section 13.2, second
sentence. Add after -- add for each CSA after a level of service
standard.
CHAIRMAN STRAIN: 13.2, is that what you said?
MS. MOSCA: Yes.
CHAIRMAN STRAIN: Second sentence? Begins with the
word, the parties?
MS. MOSCA: Yes. And after level of service standard add for
each CSA, to make it consistent with the other documents.
COMMISSIONER MURRAY: That's the 95 that you wanted
to make it, correct?
CHAIRMAN STRAIN: Well, the first one is 100.
MS. TREY ARTHEN: I'm not sure I understand that. That's
addressed in 13.3. We're just setting the LOS here. And then we get
into how it applies to the CSN. So maybe if you could explain what
you're thinking.
MS. MOSCA: Actually, David and I talked about this. It
would make it consistent with the public school facility element, the
policy that's listed in there, because it's for the entire CSA.
CHAIRMAN STRAIN: Michelle, are you doing levels of
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services for each CSA? You're doing them district wide, aren't you?
MR. DeYOUNG: I think in the public school facilities, I know
it was a little bit different context. But here, I think it's -- you know,
the level of service is the same in each CSA, so I don't think it really
adds anything in that section there. Because it is explained further in
Section 13.3.
MS. MOSCA: It was just a point of clarification. I thought it
belonged there. If everyone's objecting to it, I'll certainly --
CHAIRMAN STRAIN: I'm not objecting to it. I don't know if
it's necessary. The way that reads, your level of service isn't built
around each CSA, it's built around, based on what we've heard
earlier, district-wide basis. Because you didn't want to have different
levels of services established in each CSA.
MR. COHEN: Staff would concur with the petitioner.
CHAIRMAN STRAIN: Okay. Then are we done with
correction, changes and additions? Basically we have 13 items by
staff that are recommended for approval, along with the change of
12.3.B to leave in the consistency language as was defined a few
minutes ago when I read it back to everybody.
13.8.A, leave in the financial feasibility language.
Add a list of acronyms.
Under 13.7, we will rely on our compo plan and interlocal
agreement until the LDRs are adopted as a gap measurement.
And then any differences between the exemption language in
this document and the PSFE, they will be made consistent.
Is that clear for everybody's intentions? Staff?
MR. COHEN: Yes, sir.
CHAIRMAN STRAIN: I'll make that in the form of a motion
to recommend transmittal to the Board of County Commissioners.
COMMISSIONER ADELSTEIN: I'll second.
CHAIRMAN STRAIN: Seconded by Commissioner Adelstein.
Is there any discussion?
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(No response.)
CHAIRMAN STRAIN: All those in favor, signify by saying
aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries.
I believe that's the last thing we have to deal with today in
regards to school concurrency.
I want to thank all of you for your patience. Believe me, it's
been probably as trying for you as it has been for all of us. But I do
appreciate your time in coming back to spend the time and help us
through this.
And county staff especially, your thorough review was very
much welcomed in this matter today, so thank you very much.
Michelle, I know you went overboard in your hours, so I hope
that triple overtime paycheck gets to you.
MR. COHEN: She's got my wallet right now.
CHAIRMAN STRAIN: Well, thank you very much. Thank all
of you.
COMMISSIONER SCHIFFER: Mr. Chair?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: Could the consultants
reintroduce themselves? I feel like we've become family after this,
but I forgot your name from the first day.
MS. TREY ARTHEN: I'm Susan Trevarthen from Weiss,
Serota, Helfman.
CHAIRMAN STRAIN: And I'm David DeYoung with
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Kimley-Horn and Associates.
COMMISSIONER SCHIFFER: Okay, good, thank you.
CHAIRMAN STRAIN: Thank you all.
MS. TREY ARTHEN: Are you hosting Thanksgiving this year?
MR. COHEN: Mr. Chairman, just as a matter of assurance to
your board, what we will do, as in most cases, we will order the tape
of the meeting as well as the minutes to assure that all of your
recommendation are incorporated accordingly.
CHAIRMAN STRAIN: Thank you. I think that would be good
for everyone. Appreciate it. Thank you all.
And gentlemen, we still have a meeting to finish up here.
Hopefully it will be short and to the point.
Item #9
OLD BUSINESS
Old business. Mr. Schmitt indicated that the 21 st is open for this
room for rescheduling the GMP adoption hearing, and that would
take it off the 15th, which it's tentatively scheduled now, and move it
to the 21 st. Is that satisfactory to everyone?
COMMISSIONER MURRAY : You say the 15th?
CHAIRMAN STRAIN: It's on -- it will be the 21st.
COMMISSIONER MURRAY: We're moving from the 14th to
the 21 st?
CHAIRMAN STRAIN: No, from the 15th -- Mr. Murray, it's
currently tentatively scheduled or attempted to be scheduled for the
afternoon of the 15th. I found out about it early, I requested earlier
that we not be schedule for the same day we have a regular meeting
because we have seven or eight regular items that same day.
And so Joe checked and said that he has the 21 st open for this
room.
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MR. COHEN: The room is open from 8:30 until 3:00.
CHAIRMAN STRAIN: Which will be plenty of time for the
adoption hear --
COMMISSIONER KOLFLA T: Is that November?
CHAIRMAN STRAIN: The 21st.
MS. STUDENT-STIRLING: It's the day before Thanksgiving.
COMMISSIONER SCHIFFER: Day before Thanksgiving.
COMMISSIONER MURRAY: Day before Thanksgiving?
COMMISSIONER ADELSTEIN: What is the time?
COMMISSIONER MURRAY: I will not be here.
CHAIRMAN STRAIN: Guys, one at a time. Mr. Adelstein, just
wait a minute. Let's just get one thing at a time.
The 21 st is the weekend, Margie, before Thanksgiving, you
said?
MS. STUDENT -STIRLING: I think it's the day before.
COMMISSIONER MURRAY: The day before.
MS. STUDENT-STIRLING: So I was just making a joke, if we
run over you'll host Thanksgiving dinner, right?
CHAIRMAN STRAIN: Oh, I see what you were getting at.
COMMISSIONER MURRAY: That's right. I can't be here.
COMMISSIONER SCHIFFER: A question. What's wrong
with taking the Cocohatchee day the day before? Is it too late for
advertising? Because we had the 14th booked.
MR. COHEN: It's advertised for the 15th right now. So at that
meeting you can continue to whatever date you need to continue to.
CHAIRMAN STRAIN: Well, we can't continue the 14th
because it's a day -- the advertisement's already been done?
MR. COHEN: The advertisement will go into the paper,
unfortunately because of the way the Naples Daily News works it will
come out in the paper I believe this Sunday.
CHAIRMAN STRAIN: But can you change the date to the
14th?
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MR. COHEN: I wish we could, sir, but it's already -- as far as I
understand it, the process, the way it works, it's already type set and
the whole bit. But we can ask.
COMMISSIONER SCHIFFER: Where's Russell when we need
him? But they don't type set anymore.
CHAIRMAN STRAIN: I mean, the 21st is the Wednesday
before Thanksgiving. I mean --
COMMISSIONER SCHIFFER: I can be there, but --
CHAIRMAN STRAIN: I'm on vacation, but I'll be here.
COMMISSIONER SCHIFFER: But Randy, I think if you
could really hustle to see if you could move it to the 14th, that would
be the smartest day.
COMMISSIONER ADELSTEIN: I can't.
COMMISSIONER SCHIFFER: Because members of the
committee already assume we're going to be here anyway. It was
only today we found out we're not.
MS. STUDENT-STIRLING: We've got to do a lO-day ad for
the paper.
CHAIRMAN STRAIN: You've got time.
MS. MOSCA: Mr. Chairman, I know I ran into a lot of
difficulty when I was trying to continue this meeting. Although it's a
10-day ad, they require a huge lead time in order to get the ad into
the paper.
CHAIRMAN STRAIN: We still want the ad, just tell them to
take the number 15 and -- you made a scriveners error and it needs to
be 14. And if they don't like it, we'll take all of our future advertising
to the other paper.
MS. MOSCA: We certainly can try, but there's no guarantee.
MR. COHEN: We can call tomorrow and ask.
CHAIRMAN STRAIN: I think the way we ought to leave it
then is you're going to check on the 14th. You'll get back to us by
e-mail. Also, I would recommend you get back to us bye-mail on a
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November 1,"20'07
quorum for the 21 st, because I can't determine a quorum here today.
There's only three people that probably -- Mr. Kolflat, would you
make it on the 21 st if we had --
COMMISSIONER KOLFLAT: It's my birthday. I'll be here if
you all bring presents.
CHAIRMAN STRAIN: Oh, we would do that.
So we have a potential -- Mr. Adelstein, you can't talk out of
turn.
We have three people who might be he. That isn't enough for a
quorum, especially for an adoption hearing. So if the 14th can't be
changed, you're going to need to pull the commission on some other
days. And I would suggest you start with the 21 st and go on from
there.
MS. MOSCA: We tentatively have I believe the BCC adoption
date December 4th. So we'll really try to push it to the 14th.
Actually that would probably be the better date.
CHAIRMAN STRAIN: Margie, can the BCC adopt this
without our review of it?
MS. STUDENT-STIRLING: I don't know.
MS. MOSCA: No.
CHAIRMAN STRAIN: You may run into a little dilemma
there.
MR. COHEN: The answer is no.
Mr. Chairman, do you have the room the whole day for the
14th; do you know?
CHAIRMAN STRAIN: It was six hours at least plus. So I
would believe we've got the whole day reserved here, yes.
MR. COHEN: That's a lot of plus.
CHAIRMAN STRAIN: We won't need that to get through the
adoption, I don't believe, but we're going to need probably five hours
or six to get -- we're going to need more than the morning, but not
too much more.
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November 1,2007
MR. COHEN: Well, you're only getting back I think seven or
eight of those.
CHAIRMAN STRAIN: Right.
MR. COHEN: So it's a lot different. And you've seen -- I think
six of them you were fairly comfortable with the last time.
CHAIRMAN STRAIN: Well, the public's going to be here and
speak and --
MR. COHEN: Yes, they are.
CHAIRMAN STRAIN: -- there's going to be a lot of time
consumption done that day.
So anyway, if you could follow through with that, because we --
MR. COHEN: We will do our best to check and see if we can
get that 15th changed to the 14th, sir.
CHAIRMAN STRAIN: Thank you very much. That would be
helpful.
Item #10
NEW BUSINESS
New business. I got a call from Dick Clasp of the -- he's
chairman of the city planning authority. I'm not sure what their
official title is. It's like us. It's the City of Naples comparable
facility .
He suggested having ajoint meeting. Apparently there was one
done years ago. Staffs from both entities came in with a list of items
that may need to be better coordinated and discussed. And Dick
asked me if we'd be inclined to want to do that. I told him I'd bring it
back to us and he's going to bring it to his group to see what the
feeling is. I don't see why we wouldn't. It would be a workshop type
system. Does everybody feel --
COMMISSIONER SCHIFFER: I'm good.
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November 1,2007
CHAIRMAN STRAIN: Okay, anybody have any objection to
't?
1 .
(No response.)
CHAIRMAN STRAIN: Okay, I'll let him know we're a go ifhe
wants to set it up, and we'll coordinate with staff.
Brad, you had brought up the issue of the county e-mail.
COMMISSIONER SCHIFFER: Yeah. And the question was is
that the e-mail-- they have an automatic system that's been archived.
I've been wondering where they've been going. But I discovered
today that after 60 days your e-mails go into an archive. The lady that
was here today did give me a paper on how to go get things out of the
archive, if you want it. So my concern was things were just
disappearing behind me.
CHAIRMAN STRAIN: Public record, can't do that.
COMMISSIONER SCHIFFER: No. But I wasn't taking them
off, they were just disappearing.
So anyway, that was my question, and it's answered. And if
anybody else wants the answer, I have the sheet.
CHAIRMAN STRAIN: I don't think there's anything else. So is
there a motion to adjourn?
COMMISSIONER ADELSTEIN: Moved.
COMMISSIONER MURRAY: So moved.
CHAIRMAN STRAIN: Motion made and seconded. All in
favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
CHAIRMAN STRAIN: We're adjourned. Boy, that was quick.
*****
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November 1,2007
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:47 p.m.
COLLIER COUNTY
PLANNING COMMISSION
lV' L'G~l r
Mark train, Chairman
These minutes approved by the board on ~( '1." (0 1 a~~~J>r
as corrected
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
Page 228
RECEIVED 16 I 1 \1 \
jAN ,1 7 ?D08 November 26,2007
~; :-'iG ':" \'>:liinl1i G.~,n.('n;s:>juntm;
TRANSCRIPT OF THE MEETING OF THE
(GROWTH MANAGEMENT PLAN MEETING OF
Fiala ~lJER COUNTY PLANN!NG COMMISSION
Halas 4.-<-~'" ,.".---- Naples, FlorIda
~~~~:ng~. __. - ~_?? November 26, 2007
Coletta ,,' ~
LET IT BE REMEMBERED, that the Collier County Planning
Commission, in and for the County of Collier, having conducted
business herein, met on this date at 1 :00 p.m. in SPECIAL SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
CHAIRMAN:
Mark Strain
Lindy Adelstein
Donna Reed-Caron
Tor Kolflat
Paul Midney (Absent)
Bob Murray
Brad Schiffer
Robert Vigliotti
ALSO PRESENT:
Jeffrey Klatzkow, Chief Asst. County Attorney
Marjorie Student-Stirling, Assistant County Attorney
Joseph Schmitt, CDES Administrator
David Weeks, Comprehensive Planning Manager
Thomas Eastman, School Board Representative ,
Mise, Caffes,
\ ,-
Date_ \, . \-
\ !7 I
Page 1
Item #'_
J
,:opieS to
161 18 \
November 26,2007
CHAIRMAN STRAIN: Good afternoon, everyone. Welcome to
the Collier County Planning Commission meeting for the
adoption hearing for the Growth Management Plan amendments
for 2005.
If you'll all please rise to pledge allegiance to the flag.
(Pledge of Allegiance was recited in unison.)
CHAIRMAN STRAIN: Thank you. If our secretary will take the
roll call.
Item #2
ROLL CALL
COMMISSIONER CARON: Mr. Kolflat?
COMMISSIONER KOLFLA T: Here.
COMMISSIONER CARON: Mr. Schiffer?
COMMISSIONER SCHIFFER: I'm here.
COMMISSIONER CARON: Mr. Midney is absent.
Ms. Caron is here.
Mr. Strain?
CHAIRMAN STRAIN: Here.
COMMISSIONER CARON: Mr. Adelstein?
COMMISSIONER ADELSTEIN: Here.
MR. WEEKS: Mr. Murray?
COMMISSIONER MURRAY: Here.
COMMISSIONER CARON: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Here.
COMMISSIONER CARON: And Mr. Tuff is no longer on the
board.
CHAIRMAN STRAIN: He's with us but no longer here.
Item #3
Page 2
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ADDENDA TO THE AGENDA
Addenda to the agenda. Are there any changes to the agenda
from planning commission members or staff?
(No response.)
CHAIRMAN STRAIN: Hearing none, absences. Our next -- we
have two items coming up for planning commission. One is voluntary,
one is please attend.
Wednesday morning, 8:30 in this room we have the LDC
meeting. And correct me ifI'm wrong, I think it is 8:30. Let me double
-- you have 8:30 as well?
COMMISSIONER CARON : Yeah.
COMMISSIONER VIGLIOTTI: I have 8:30.
CHAIRMAN STRAIN: Okay. So 8:30 Wednesday morning we'll
do the Land Development Code, Cycle 2. I don't -- hopefully that
won't go all day, but you all will need to be here.
I'd like to ask staff, too, and David, the people who prepare the
LDC meeting aren't here. I guess that's Catherine. Would you ask her
if there's a reason why we can't go in order of the book that's provided
to us?
MR. WEEKS: Certainly.
CHAIRMAN STRAIN: I should have made the call to her before
the meeting. I didn't know she wouldn't be here. We seem to jump
around the book, go from page by page. Why don't we just take them
in order and try to plow through it. That might make the meeting a
little more better followed by those of us that have to go through that
book.
As far as the item that's voluntary, tomorrow morning at 9:00 in
these chambers, the county commission has requested our presence for
a presentation and proclamation. So us and the productivity committee
for the work done on the AUIR. If anybody can be there, it's 9:00
Page 3
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November 26, 2007
tomorrow morning right here.
Item #4
PLANNING COMMISSION ABSENCES
Okay, planning commission absences. Does anybody know
they're not going to be here Wednesday?
(No response.)
CHAIRMAN STRAIN: Looks like we'll have a quorum.
Approval of minutes. There were none attached.
No BCC report.
I have no Chairman's report, so we'll move right on into the
advertised public hearings.
Item #8A
ADOPTION HEARINGS FOR 2005 CYCLE OF GMP
AMENDMENTS
The first one is for the -- first of all, David, does staff have any
general presentation they want to make before we move into the
individual ones?
MR. WEEKS: For the record, David Weeks, Planning Manager
in the Comprehensive Planning Department.
For the time being, I'll come over here.
For the record, David Weeks, Planning Manager in the
Comprehensive Planning Department.
Commissioners, this is the adoption hearing for the 2005 cycle of
Growth Management Plan amendments. You've previously seen each
of these petitions, with the exception of one at the transmittal hearings
held earlier this year.
At these adoption hearings it's where you will take your final
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November 26, 2007
action, as far as your recommendation to the county commissioners,
and then at their hearing on December 4th, they will take final action
to either adopt or not adopt one or more of these amendments.
There is a sign-up sheet in the hall on the table right next to the
speaker slips. And that's for the public, should they wish to sign up to
receive courtesy notification from the Department of Community
Affairs. Which is where the adopted amendments will be sent after the
board hearing.
The notice that they would -- a person signing up would receive
from that agency would be to advise them of when the department
issues their notice of intent to find the adopted amendments in
compliance with state statutes or were not in compliance.
Would appreciate, as always, at the conclusion of this hearing,
assuming we do hear all petitions today, and we certainly hope so, that
you'll leave your binders behind, if you do not wish to keep them. We
can reuse those to provide to the county commission for their hearings,
and in turn send to the Florida Department of Community Affairs.
As I mentioned a moment ago, you've seen these petitions before,
with the exception of one at the transmittal hearing. You might recall
that there were 16 petitions at that time. But some of those were not
adopted by the Board of County Commissioners and some of those
were withdrawn. That also explains why you have the unusual
numbering sequence of the petitions in your packet.
We did include within your packet or your binder the staff report
to this body from the transmittal hearings, which gives you the full
background and analysis that staff prepared for each of the petitions.
Conversely, this staff report for this hearing is rather abbreviated,
simply identifying for you what the petition is, via its title, and then
for the most part just giving you the past actions, what your
recommendation was at transmittal, what the board's action was at the
transmittal hearings, and the staffs recommendations at that time, as
well as the staff recommendations today. And for those few that were
Page 5
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~ove~ber ~6, 2007
reviewed by the Environmental Advisory Council, what their
recommendation was as well.
Of these petitions that were transmitted by the Board of County
Commissioners to the Florida Department of Community Affairs,
DCA, they are subject to review and issuance of an objections,
recommendations and comments report, which you have in your
packets, and as I'm sure you've already read and noted, only two of the
petitions were the subject of objections by the Department of
Community Affairs.
And that is significant in that any objection may form the basis of
a noncompliance finding if it is not adequately addressed, as outlined
in your staff report how we could address that, from the extreme of not
adopting the amendment to the other extreme of leave it just the way it
is and try to convince the state agency that their objection is not valid.
The one petition that is in your packet that you did not previously
see is the Petition No. CPSP-2005-16. It pertains to the wellfield
protection area map that is in the Future Land Use Element.
The amendment could not be prepared in time to have been
included at transmittal hearings. Staff went before the Board of
County Commissioners, requested and received permission to bring
this forward at adoption hearing. The rationale simply is the plan
amendment must occur before we can amend the Land Development
Code maps that also show those well field protection areas, but in more
detail and with regulatory effect.
There are some uses that are not allowed within the wellfield
protection areas, and we believe it's very important to amend those
Land Development Code maps as soon as possible after the modeling
effort has occurred that shows new wellfields or modified well fields
so that protection can get in place as soon as possible.
That's why from staffs perspective, and presumably the board
agreed by giving us the direction we requested, it's important to go
ahead and bring these to you at adoption without going through the
Page 6
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November 26, 2007
transmittal hearing process.
Commissioners, with that, I think I've completed my introductory
comments. As is your typical protocol, the petitioner will present first,
staff will make our best effort to keep our presentation very brief,
because you have seen these before at transmittal, and just focus in on
the reason for staffs recommendation and any particular comments
that have been received and wrap it up.
CHAIRMAN STRAIN: David, there's some clarifications I'd like
to ask you about. You had mentioned something in your presentation
that has a lot of history with it. And I know you have been with the
county forever.
Are you going to be here all day so that when that particular issue
comes up late today we can get into certain history issues that may
arise?
MR. WEEKS: I will.
CHAIRMAN STRAIN: Okay. You had some possible handouts
that you -- what I'd like you to do is if you have any handouts for any
of the petitions, if could provide them to us now so that during the
breaks -- they're minor handouts, I understand, just wordsmithing --
we can at least read them during the breaks and not delay the meeting
any longer.
MR. WEEKS: I'm not aware of any other than what I presented
to you this morning -- or a few moments ago before the meeting
began, Commissioners, which was a revised Page 5 for Petition
CP-2005-6.
CHAIRMAN STRAIN: Well, Corby Schmidt's actually got
some. I didn't know ifhe had talked with you. He's trying to save
Nick, and so he wanted to pass something out ahead of time.
MR. WEEKS: Mr. Chairman, we'll do that. Thank you for that
suggestion.
CHAIRMAN STRAIN: Thank you, Corby.
For the planning commission's benefit, we'll probably have a
Page 7
, N~~jer 2t 2007 \
couple of breaks before we get to these items on today's agenda so
we'll have plenty time to review them.
So the audience understands, every couple of hours we'll be
taking a break for the court reporter to rest her fingers and for Kady to
rest her hands from turning cameras all day long.
PETITION #CP-2005-2
So with that we'll call for the first presentation. It's CP-2005-2.
That's a petition requesting an amendment to the Golden Gate Area
Master Plan and the Future Land Use Map. It's at the intersection of
Wilson Boulevard and Golden Gate Boulevard.
MR. FERNANDEZ: Good afternoon, Commissioners. Michael
Fernandez, for the petition.
This is a proposed change to the Golden Gate Master Plan with
some associated text. It's approximately seven acres that surround an
existing quadrant of the neighborhood activity center at the
intersection of Wilson and Golden Gate Boulevard.
This intersection is located substantially distant from existing
commercial. It's located about three miles south of Immokalee Road,
approximately five miles to the east of 951, and approximately three
miles west of another neighborhood activity center at Everglades and
Golden Gate Boulevard.
This seven acres currently would have the opportunity to request
a conditional use. What we've actually proposed is a substitution of
that ability to ask for a conditional use and designate this as additional
-- neighborhood activity center with additional restrictions.
When we came before you before, those restrictions were
commercial and very much unlimited relative to that commercial.
What we've proposed as we've gathered input from the public,
from this body, from the neighborhood, is a refinement that has
reduced the request to medical, medical related and professional office
Page 8
November 26, 2007 \
161
18
uses.
These uses are relatively similar to ones that you find in the C-l
commercial district, which provides for transitions between
commercial areas and neighborhood centers, so we believe it's an
appropriate transition.
It actually is -- it's well defined uses, and it's probably less
intense in many respects than the conditional uses that we could
otherwise apply for; for instance, schools and churches.
In addition to that, there were some additional stipulations that
were made relative to the proposal, including that it would be a
minimum of 60 percent of the square footage that would be approved
at rezoning would be restricted to that medical or medical related uses.
The rest would have the opportunity -- it could be up to 100 percent
medical and the balance would be general office uses.
Additionally, we made a commitment to the neighborhood not to
utilize pole lights, except where absolutely necessary at arterial
lighting intersections with the road network, but we'll get into that a
little bit more in a minute.
And also, the parking standards were going to be provided. The
parking to be provided would be at a medical related or medical use
standard so that eventually 100 percent, enabling at least -- up to 100
percent use for medical.
As I said, this is a project that we believe has community benefit.
We've been very responsive to community involvement. We have--
the petitioner has collected over 200 signatures from local areas,
explaining his project to the community.
In addition to that, the petitioner sent out 2,800 -- approximately
2,800 letters with a response card that was addressed directly to the
chairman of the Board of County Commissioners asking for a
preference selection for the use of this quadrant of the neighborhood
center.
Of that, we received a 25 percent return. 96 percent wanted some
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form of commercial. About 75 percent endorsed or embraced the idea
of the medical or medical related uses. Only five percent basically said
we don't want anything occurring here.
We believe that the proposed uses are, as I said, a community
benefit, offering medical services to the area. In addition to that, it will
capture trips that would otherwise have to go out to other medical
centers, either south on 951, west to -- along Immokalee, or in the
future further east to Ave Maria or other areas.
So we believe it's a well positioned site for it. Right next door
there's an existing Snowy Egret PUD that has submitted a SDP for a
Walgreen's. So we have a nice complement of uses. There will be
interconnection between the two projects, as required.
This amendment doesn't propose any changes to the restrictions
or the development standards that were approved by the Golden Gate
Master Plan, which requires significant enhancement of traditional
buffer requirements and setbacks from the neighborhood and from the
perimeter of the site.
With that, I'll be happy to answer any of your questions that you
may have.
CHAIRMAN STRAIN: Okay, are there questions from the
planning commission?
Ms. Caron?
COMMISSIONER CARON: Is this the petition that Dr. McGann
was involved in?
MR. FERNANDEZ: He was -- he came and spoke for the
project, saying that there was a need for it, and he also presented a
letter that is incorporated into your documentation from Dr. Tober
about the need and the viability of this location for the services.
CHAIRMAN STRAIN: Okay?
COMMISSIONER CARON: Thank you.
CHAIRMAN STRAIN: Any other questions?
Mr. Vigliotti?
Page 10
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November 26,2007
COMMISSIONER VIGLIOTTI: Again, I want to repeat, there
will be no retail in this center at all, correct?
MR. FERNANDEZ: Unless it's medical related. For instance,
like an eye glass store that would have a physician there or
optometrist, along with retail sales of glasses, for instance. But
essentially no, it's all either medical, medical related or professional
office. There's no restaurants, there's no retail in the traditional sense.
Also, I did want to mention regarding -- the staff report suggests
different text than we've accepted. We're amenable to accepting all
that text, and we look at it mostly as wordsmithing, not changes to
what's being proposed by -- or that was adopted by the Board of
County Commissioners. And the board was very insistent that we not
make any changes from what they approved. And we assured them
that we would not. We don't see these as significant changes.
The only thing that we see and we have a disagreement with
staff, and we believe we can work it out, was their stipulation that we
remove the commitment that was made by the petitioner regarding the
bollards, versus Policy 5.1.1.1, which states that we'll use cobra lights
25 feet high, sodium based.
Our proposal is actually more restrictive than what has already
been adopted by the Golden Gate Master Plan. And there was concern
about creating light clouds or, you know, light coming from the site,
and we agreed to using bollards, which are much more friendly.
And in talking to Mr. Weeks, it's out understanding that an
exception can be added to that Policy 5.1.1.1, should you wish, so that
it would allow you to adopt the text that we had proposed relative to
the light fixtures.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: The question having to do with
medical uses and medical related uses, which then I think I saw in here
somewhere about wellness centers and places of physical therapy, and
might even be a place to go and exercise. Is that all valid so far what I
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just said?
MR. FERNANDEZ: Yes, sir.
COMMISSIONER MURRAY: In that context then the question
arose in my mind in your response. If you were having a -- I'm trying
to find a term, a place where they exercises, a gymnasium of sorts,
would there be retail activity associated with that?
MR. FERNANDEZ: I'm not sure what you're talking about, like
clothes or food products?
COMMISSIONER MURRAY: I don't know. An entrepreneur
does whatever they can, you know.
MR. FERNANDEZ: No, sir.
COMMISSIONER MURRAY: So there some restriction on the
retail that you reference, which seems reasonable, is fine. But you're
saying that you agree that there should be some restriction on
ancillary, if you will, ancillary sales?
MR. FERNANDEZ: Yes, sir. And I would suggest to you the
appropriate time to maybe get into more depth would be at the
rezoning stage, which would have to come before this body and before
the Board of County Commissioners and would also go through the
neighborhood meeting process. And then you could look specifically
at what was being requested and we could go into those specific items
instead of trying to work it into what is being proposed now.
Because at this time we don't know if it's going to be
substantially 100 percent hard core medical or those accessory uses or
general office.
COMMISSIONER MURRAY: Thank you. I appreciate the
thoughts that you have.
Hard core medical, I have to keep that in mind. Thank you.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Mike, one thing is your -- the
staff wants you to get rid of the urgent care center?
MR. FERNANDEZ: I believe what they have told us is that they
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believe that those uses are inherent in the other descriptions and that it
would be already permitted and they didn't want to introduce a term
that hasn't been defined, either in the Growth Management Plan or in
the LDC. And so, you know, we've accepted their judgment that it
would be -- that if we came before you for approval of an urgent care
center, that it would be approved under these provisions with the text
that they've proposed.
COMMISSIONER SCHIFFER: And then the other thing, see
your drawing in -- I think the worse one is the GMP drawing. The
scale of this project always seems to be much larger than it really is in
these drawings. Is that the case here or is that about? It's not exactly
the shape of the site. I mean, it's L-shape.
MR. FERNANDEZ: This will show you probably a better idea. I
believe some of the graphics that were being utilized by staff members
actually show about a quarter mile of an activity center and then
actually show this property outside of that.
The truth is that the boundaries of this activity center,
neighborhood center, aren't square. And in fact, even as you look at
that drawing that's off a plat, it doesn't take out for right-of-way.
For instance, the site next door, which would be normally a
five-acre site was actually 4.2 acres, I believe. And that -- some of that
area was utilized for right-of-way and in fact given up additional
right-of-way, they're under four acres I believe now in their final
design.
COMMISSIONER SCHIFFER: What is -- on this drawing what
is the perimeter of the activity center, the existing activity center?
MR. FERNANDEZ: The activity center?
COMMISSIONER SCHIFFER: I mean, it includes Snowy Egret,
the PUD across the way, and C-2. Is there other stuff?
MR. FERNANDEZ: Actually, it's a little bit larger than that C-2.
In fact, there was an amendment that was done after the original
approval that squared up, if you will, an additional piece of that C-2
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November 26, 2007
about approximately two acres, and that was for G's. I believe it's
under common ownership with the owners of that G's convenience
multi-use store.
On our corner again you see the Snowy Egret. Across the way on
the northeast corner, it's just that first parcel that is part ofthe activity
center.
COMMISSIONER SCHIFFER: Noted as PUD on your drawing
area? Is that that whole parcel or parcels?
MR. FERNANDEZ: This Snowy Egret is just that one parcel.
COMMISSIONER SCHIFFER: No, across the way, the PUD, is
that the activity center on that quadrant?
MR. FERNANDEZ: Yes, sir. Yes, it is.
COMMISSIONER SCHIFFER: Is there any activity center on
the northwest?
MR. FERNANDEZ: Northwest corner? There is, but it is
currently zoned estates.
COMMISSIONER SCHIFFER: Okay, thank you.
CHAIRMAN STRAIN: Anything else?
(No response.)
CHAIRMAN STRAIN: Some housekeeping matters. I received
four or five e-mails from residents in the Estates on this issue. Four of
the people that I received e-mails from I believe are here, so I'm sure
they're going to speak on behalf of themselves. One resident who I
received an e-mail from is not here and they asked -- or may not be
here so I'm going to ask them to stand if they are. That's Mr. and Mrs.
McDonald who live on 820 First Street Northwest. Because they
didn't know if they could make the date. And I told they that if they
couldn't, I would be glad to read their record into the record.
It's the only letter I've received or the information I received against
this petition, and I'll read it.
I'm against any expansion of the neighborhood centers at Golden
Gate Boulevard and First Street Southwest. Since 1990 we have been
Page 14
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November 26, 2007
promised by various area representative commissioners that this land
and the other two corners would remain activity centers, not
commercial properties. These could be used for public services, i.e.,
schools, fire stations, parks and libraries. The land around the activity
centers would remain residential. Now we have all four corners
commercial and/or planned commercial. The road infrastructure, other
than the west side of Golden Gate Boulevard, has remained the same
since 1960. This commercial change will have a serious impact on this
intersection, especially First Street Northwest and Southwest.
Commercialization will bring excessive tractor-trailers worker and
patron traffic to an already congested, overburdened -- area already
congested and overburdened. This is rural Golden Gate Estates, not
Pine Ridge Road. I ask the planning commission to evaluate this
proposed change and recommend against additional commercial
property in the Estates subdivision. Thank you in advance for your
consideration of this matter.
I also for the record passed this information on to Mr. Corder so
that he could attempt to resolve any differences that he might have
with these individuals. So we'll see maybe in our discussions if
anything came out of that.
Mr. Fernandez, in your discussion, you said the BCC has adopted
language. This is an adoption hearing, and they can't adopt until we
get done recommending. So what did you mean by that?
MR. FERNANDEZ: It was the adopted language for transmittal
to DCA prior to coming to this body and to the BCC for final
adoption.
CHAIRMAN STRAIN: Ms. Student, it was transmittal language,
which means we have every right to recommend changes to it. We're
not bound by it in any manner, are we?
MS. STUDENT-STIRLING: That's correct, transmittal is
transmittal and adoption is the final step in the process.
CHAIRMAN STRAIN: Thank you.
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November 26, 2007
Mr. Fernandez, you earlier said that you were looking at C-l uses
for this -- C-l -- uses similar to C-l, is that true?
MR. FERNANDEZ: For the office uses, that's one of the gauges.
The Growth Management Plan currently defines the uses that are
permitted within the activity centers as being similar to, similar to,
C-l, C-2 and C-3 uses.
CHAIRMAN STRAIN: That's in the activity centers, and this is
an area outside the activity center to which we're looking at additional
restrictions in order for it to coexist there.
But I thought I heard you say during your discussion that the
medical facilities that you were looking at were going to be similar to
C-l uses.
MR. FERNANDEZ: I believe that most of the uses that we were
looking at, in other words, when we produced the record of all the
uses in the C-l, C-2 and C-3 district, we sat down with the
neighborhood, the neighbors that were going to be in close proximity,
we looked at that list, we went through to see if there was any
objection.
And the only objection that we added to that list as went through,
and that was for C-l, C-2 and C-3, the majority of which are in C-l,
was the removal of surveyors. Because there were concerns about
using parking lots for their trucks and so forth. But they had no
objection to the other uses that were permitted in the C-l, C-2 and C- 3
districts.
CHAIRMAN STRAIN: As an area around the outside of that and
one that was supposed to be dedicated or supposedly primarily
medical and then where medical wasn't used above 60 percent it was
going to be office. I'm not understanding why a C-3 use is necessary
there.
MR. FERNANDEZ: Again, as far as for the office uses, I think
they're all located within the C-l district. For the medical, I'm not
sure, Mr. Weeks maybe could address it better than I could if some of
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November 26, 2007
the medical type uses are in those C-2 or C-3 districts and not in the
C-1.
But again, the intent, and the clear intent had always been for,
you know, medical including urgent care. And I'm not sure if urgent
care for instance is permitted in the C-l district.
CHAIRMAN STRAIN: And I understand all that. I'm more
trying to protect the neighborhood from something they didn't expect.
While I fully expect Mr. Corder and his effort he's gone forward with,
and I think he's done an excellent job in turning this around, and he's
made a lot of good commitments. But commitments are unfortunately
only as good as the individual. And ifhe happened to leave and
somebody else picked this up, then I'm not sure what flexibility they
would read into language that may not be intended here today.
Part of that leads me to wonder why you did not use specific SIC
codes in references to the uses that you're looking for.
MR. FERNANDEZ: Well, again, this is the Growth Management
Plan, as you're well aware, and, you know, it's not really in our
opinion or I think in staffs opinion a zoning document.
And you're going to get a second bite at this apple when you
come for zoning. You're going to come in, you're going to get to
review a very specific list of uses that would be requested for a site,
much like they did next door. And so at that time there will be a
neighborhood information meeting and so forth so that you'll have an
opportunity to review those more carefully at that time. And those will
be more tailored and perhaps more restrictive than what we're talking
about right now.
But at this time the intent is to leave it more general. We've
already placed additional restrictions above what would be allowed
within these activity centers, as I said, similar to C-l, C- 2 and C- 3.
CHAIRMAN STRAIN: Mr. Fernandez, I'm probably more
familiar with the process than you are, so 1 understand what's going to
happen next in the LDC implementation language. And that's what
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November 26, 2007
concerns me, because there was a land use attorney sitting in this room
a little while ago who at one time argued in front of us and said if it
says it in the GMP, it's an entitlement. And I don't want going to
basically the LDC and having everything under the premises of
medical that is related to an SIC code all of a sudden being lumped in
here.
I'm not sure the neighbors thought that, for example, a Gold's
Gym was a medical facility, but in the description under the wellness
center, you could have a physical fitness facility, a physical therapy
and dietician services. Those are activities that while they may be
medical related, may not be what the neighborhood had in mind. I'll
certainly ask the neighbors when they come up here today, because I
want to make sure that if we go this route we're not getting into
anymore, anymore, even one iota than what they expect.
And I'm responding to the neighborhood in this, because my
original position on this particular issue and the first transmittal is an
absolute no way should it happen. The neighborhood has come back
and has offered support for this, so I want to make sure that their
support is not misled.
MR. FERNANDEZ: Certainly. And I think for instance medical
related, as you spoke of, right now would be more geared to what we
would term a wellness center, as opposed to a Gold's Gym. And we
wouldn't have a problem saying we're not looking for a Gold's Gym.
However, we're not sure there's actually text available. And we
think at the LDC we can make those distinctions. And I'll tell you for
the record that I disagree with whoever that attorney was that said it's
an entitlement.
CHAIRMAN STRAIN: I didn't quote him verbatim, but the
argument was before us that if it's in the GMP there's an allowment
there that something can happen. And I want to make sure that
whatever this GMP language does doesn't provide the flexibility that
opens doors up that we don't want opened.
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November 26~st)7
And we'll be looking to David for that before this meeting is over
to make sure that the language is as absolutely tight as it can be for the
uses that are acceptable to the neighborhood.
And with that, I've got a few other -- Brad, do you want to go
ahead?
COMMISSIONER SCHIFFER: If you still have more.
CHAIRMAN STRAIN: Oh, I've got plenty more. You want to go
ahead now then?
COMMISSIONER SCHIFFER: Well, and my concern is
Michael, do you have an example that you showed the neighbors as to
what kind of development this would be? Were there post cards?
Could you put that up in the monitor?
MR. FERNANDEZ: Let's see in have that.
COMMISSIONER SCHIFFER: And Margie, while he's doing
that, abutting means what, versus adjacent? We ask this question
every time, so --
MS. STUDENT-STIRLING: Yeah, I don't have my code handy.
Mr. Weeks will probably address this.
MR. WEEKS: Abutting is property line to property line with no
intervening right-of-way. Whereas adjacent would allow jumping
across the street.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Anything else, Brad?
COMMISSIONER SCHIFFER: Well, I wanted to see this thing
and make sure that --
MR. FERNANDEZ: Is that better?
COMMISSIONER SCHIFFER: So there is a 75-foot on the
lower property that would be left natural?
MR. FERNANDEZ: Well, there's a requirement that's in the
Growth Management Plan as it is today that requires a 75-foot buffer
of which 25 percent is -- or 25 feet is natural. The balance of that
would be utilized in this particular case for water management.
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November 2~2'0'07
I think that distance -- and again, this is a conceptual plan. We're
not -- our client's not the end user and we're not coming before anyone
with a specific site plan and saying this is what we're proposing today.
But it's an example of what could be built on it.
COMMISSIONER SCHIFFER: I understand that. My question is
really on what's in the code.
On the western boundary, which is a roadway, what is the required--
MR. FERNANDEZ: I believe that requirement's a 25-foot buffer,
which includes an enhanced landscape buffer. It doubles up on the
trees, I believe, in a couple of the other requirements of a normal type
D buffer, I believe.
COMMISSIONER SCHIFFER: That's it, thanks, Mark.
CHAIRMAN STRAIN: Mr. Fernandez, you keep saying things I
have to question. You said your client is not the end user, and I don't
doubt that your client is not a doctor who is going to open up a clinic.
I hope not, but Mike, whatever.
But I am concerned ifhe's -- is he going to -- at this time do you
know if there's any intention of selling the property?
MR. FERNANDEZ: He's not the developer, if that's what you
mean. It's not our understanding that he's going to be the developer of
the property.
CHAIRMAN STRAIN: Okay, well, therein lies my concern. As I
have met with Mike many times, I believe his heart is in this, I believe
he's trying to do the right thing. I just want to make sure that whatever
he passes on to somebody else, it doesn't change his intentions and
what he has exposed to the neighborhood.
MR. FERNANDEZ: Right. I mean, I think that the terminologies
that we provided, the medical, medical related, the 60 percent
commitment and all the other restrictions that are already placed on
the property, for instance, you're limited to one story a maximum of
35 feet, architectural design standards, landscape standards, buffers,
all of those are already in place with this GMP.
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So this is actually -- this provision that's being insert here are
additional restrictions to what the Golden Gate Estates master plan has
already provided for. So this is more restrictive.
CHAIRMAN STRAIN: Staffhas found a concern with the use
and reference to campus setting, and they suggested that this be
further described or defined in this amendment or be struck from the
amendment language. Which do you prefer?
MR. FERNANDEZ: Well, again, working with staff, we felt we
reviewed the text, we're amenable to accepting their terminologies
except for the one that we feel has gone against a commitment that
was made to the neighborhood, and that has to do with the lighting.
But other than that, we're amenable to accepting the text that they
proposed.
CHAIRMAN STRAIN: David, the text that you proposed, I've
got so many different copies of the text in the same document.
I'm just -- I'm assuming it's the one that's been highlighted in dark is
the final? Does your final text have the campus setting reference in it?
MR. WEEKS: The language that staff would suggest you adopt,
if you're going to adopt this amendment -- staff recommendation is not
to adopt, that has not changed -- is in the staff report on Pages 3 and 4.
MR. FERNANDEZ: And I think my understanding was that
there were some problems with the terminology of campus setting,
when you were reviewing or when staff was reviewing the issue of the
Naples Daily News and what it actually meant to different individuals,
and rather than jump into that same quagmire, staff suggested that we
remove it from the text.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, I was going to say, according
to Page 3, staffs recommendation, should the CCPC decide to
transmit this, is to just strike the language. And I have concerns about
that, because campus like setting does have certain connotations for
the neighborhood, debatable as that may be. And I'm not sure that
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November 26, 2007
totally striking it is the way to go. Perhaps defining it is --
CHAIRMAN STRAIN: Well, the only difference there is the
Golden Gate Area Master Plan was careful to include a lot of
neighborhood setting criteria like the architectural code.
COMMISSIONER CARON: Right, I'm --
CHAIRMAN STRAIN: So I'm not sure the campus setting would
have any more impact if not as much impact that we already have with
the language that we put in under the master plan. So from that
perspective it may work okay without that being struck.
COMMISSIONER CARON: And I would certainly defer to
those of you who set up that overlay.
CHAIRMAN STRAIN: There's probably a majority of us here
today, from what I can see in the audience.
MR. FERNANDEZ: The only thing that we found to be -- the
only thing that we found that would be in our definition that wasn't
already included would -- that the ultimate development would have
multiple buildings. In other words, the idea here is not to come and put
one big '01 building in here, it would be one where you would have
pedestrian travel between buildings. So you would have more than one
structure here eventually.
It's not intended to be put a Walgreen's type, you know, put one
in the middle and put parking around it and be done with it.
CHAIRMAN STRAIN: David, in your staff report you referred
to the physical-- the wellness center as an SIC code -- or that it could
justify multiple uses such as physical fitness facility, physical therapy
and dietitian services.
Could someone, under the terminology used in this particular
application, put a Gold's Gym in or something like that? Or is that
considered a use that wouldn't be appropriate under the references
made here?
MR. WEEKS: I'd say that's a possibility. The reason that staffs
comments were provided there was to show you what our
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Nt;vem~er 2'5, ~07
understanding of a wellness center would be. And my only
experience, and I believe other staffs, at least locally would be the
Naples Community Hospital Wellness Center, which is a combination
of dietary services, physical therapy and exercise, which is clearly not
a fitness -- physical fitness facility such as a Gold's Gym.
CHAIRMAN STRAIN: Okay, so Gold's Gym you don't think is
likely to happen out of the language that's here today, or could
happen? You know the extremes we have to prepare, constantly
someone's going to come in and argue an extreme we didn't expect. I
want to know that we can avoid that, as best possible with what
language is looked at today.
MR. WEEKS: There is some risk. Remember, this starts with
medical related uses, and then trying to give some examples of what
that would be, wellness being one of those examples.
One is to go to a great level of specificity, and that would be
rather than saying medical related uses such as, either specifically list
them outright or say medical related facilities limited to the following,
so either way we specifically identify them.
The other way is to take a more broad approach and just say
medical related facilities, with or without the such as language, which,
as Michael has suggested, then leaves it open at the rezone hearing
stage to determine how broad or narrow that would ultimately be
defined.
CHAIRMAN STRAIN: Knowing that this particular action today
might trigger others in other quadrants to argue the same case, what's
the best way to go to protect that from happening?
MR. WEEKS: Well, point blank it would be to be very specific.
CHAIRMAN STRAIN: That's what I thought.
MR. WEEKS: But this is a comprehensive plan amendment. I
would have to agree with Michael in one sense that we have -- in our
coastal management plan on the one hand it is a general planning
document to provide guidance for where development should go, the
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November 26, 2007
parameters of what the intensity should be, and then through the
rezoning process decide the very specifics.
For example, if we say medical related uses and everyone agrees
that means a list of 50 uses, at the rezoning stage it might be decided,
though, upon that detailed evaluation that only 30 of those 50 are
appropriate, or all 50 or only one.
But that greater level of specificity at the rezoning stage I believe
is the appropriate level -- appropriate time to get to that level of
specificity .
But Mr. Chairman, you are correct, if we leave it broad, that
certainly leaves the door open for the argument to be made at the
rezoning hearing.
CHAIRMAN STRAIN: Is there any sentence or paragraph that
could be inserted into this particular document that would limit the
flexibility that could be utilized until the rezone bases are established?
I mean, I know that's what you say is supposed to happen anyway, but
I would hate to see a disagreement at the rezone level turn into a
debate over well, that's what I meant, even though that's what you
didn't mean, and now all of a sudden we have more uses that are under
medical that may not be truly in the eyes of medical as people see it.
MR. WEEKS: I do, but the language would still be I think more
in line with what we typically see either in the LDC or within a rezone
petition. And that would be, for example, to say that of the medical
related uses pertaining to retail, specify what percentage of a building
used or square footage could be retail use. That would go to the
examples of the wellness center, that no more than "X" percent could
be actual exercise area.
But even that is a risk, because an exercise -- exercise equipment,
the use of exercise equipment can be part of a physical therapy
regiment. It's problematic.
CHAIRMAN STRAIN: Okay, thank you. I think what we'll
probably do is as soon as we get to the public speakers, see if they
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November 26, 2007
have any concerns, because there are actually people living closer to
this than I might be.
Mr. Murray?
COMMISSIONER MURRAY: I was hoping I could add
something that might help.
Is there any way that we could insert in there and be appropriate
certain -- quote, certain restricted medical related uses? That sets it out
that it's understood that at the rezoning this will be a matter that is
subject to restriction? Does that have any impact or any import to this?
No?
MR. WEEKS: I think that just helps in guiding the future
decision-makers at the time of the rezoning like a flag being raised,
this is something we need to focus in on.
COMMISSIONER MURRAY: That's my intent. And I would
think that -- because I recognize that these issues will have to be dealt
with at that time.
What it does provide, however, is that it tells a perspective buyer
that there should be a concern that there are restrictions that will
happen, or potentially can happen, and that they must look a little bit
more closely at this.
If that helps in any way, I was just hoping I could add something.
MR. FERNANDEZ: One thing that we did I think that helps you
get to where you want to be and that we gave the Board of County
Commissioners is the assurance we're going to be providing parking at
medical related, medical standards. In fact, my terminology, what I
put here I thought was more restrictive than what staffhad. But
basically that's at a higher intensity than you would provide for, say,
for shopping center or retail.
And so by doing so, you know, you're adding more cost to the
development. They're going to be pushing to get that medical in there.
Plus the provision that says that it needs 60 percent. In other words,
there's only 40 percent that can be general office type uses.
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November 26, 2007
So I think those two combinations, even the fact that we're
looking at using bollards, which are essentially a low key type of
illumination that's more appropriate at twilight and early morning as
opposed to, you know, evening hours, again tells you that the intent
here is not to be -- is not retail oriented. We've been more restrictive,
we think, in our terminology than what you already have in the code.
CHAIRMAN STRAIN: Mr. Weeks?
MR. WEEKS: I'll offer a couple more comments, Mr. Chairman.
One thing: The way this language is structured, no -- it's 60 percent--
you could impose minimum or maximum amounts of square footage
by use. And I don't mean a specific use, but a range. For example,
we're talking about medical and medical related uses. I'd say no more
than -- no less than 60 percent of the building square footage shall be
devoted to medical and medical related uses. And then within that say
no more than "X" percent of that will be devoted to medical related
uses. So that you're going to ensure that some certain minimum
percentage will be devoted to the actual medical office and clinic,
physical therapist, dietitian, doctor, dentist, chiropractor, et cetera.
CHAIRMAN STRAIN: But see, therein lies exactly the problem
I anticipate in the LDC. What you just said was not how I read that.
The way this was reading now, it says no less than 60 percent of the
allowed gross square footage shall be designated for medical office,
clinics and medical related uses.
I saw that as the useful part of the text, the useful part of the
square footage. The retail would be above the 60 percent and outside
the percentage that was medical.
MR. FERNANDEZ: No.
CHAIRMAN STRAIN : You're saying the retail -- Mr.
Fernandez, I'm not talking to you, I'm talking to Mr. Weeks.
You're saying the retail is included now in the 60 percent if it's
medically related to one of the uses in that 60 percent. So in essence
the true medical treatment could be reduced and the retail for
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November 26, 2007
eyeglasses or whatever, like a LensCrafters where they have a small
room for the optometrists but five or ten times as much to sell glasses.
MR. WEEKS: The way this is written with that 60 percent
limitation for medical and medical related uses means that it could be
100 percent medical office and clinic or it could be zero percent that.
And conversely, the full 60 percent could be medical related.
That is, it could be apothecary, it could be the eyeglass store. That's
what I was mentioning a moment ago, that you have the ability to
establish those parameters if you believe it's appropriate.
CHAIRMAN STRAIN: So to get to that 60 percent to be true
medical, we'd have to strike the words at the end of your B-1 where it
says and medical related uses. Just simply strike those. And that leaves
60 percent designated for medical offices and clinics. That means any
retail would be above and beyond that 60 percent. Is that--
MR. WEEKS: That's referring to the parking.
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: Well, I know, but referring to the overall
project is what I'm getting at. I understand what you're saying.
MR. WEEKS: I think the building square footage would be the
way to go, if you want to ensure a certain amount of medical office
and clinic type uses.
CHAIRMAN STRAIN: Mr. Fernandez, did you have something
you wanted to add?
MR. FERNANDEZ: Just again, I think you're starting to delve
into the marketplace, and it's a market driven product. And come back
and square footages, buildings and percentages of the buildings gets
very problematic in trying to develop something.
I believe that the commitment that was made was 60 percent for
medical and medical related, and we've got 40 percent for general
office type uses.
And I think that at the rezone stage maybe we can add text in
there that says if those, the percentages -- or the uses, medical related
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November 26, 2007
uses and medical uses will be further evaluated at the time of the
rezone, subsequent rezone, so that it raises the flag, as was said earlier,
that when we come in or when someone comes in for the rezone, that
they're already put on notice that those uses are going to be further
evaluated relative to their specifics. And maybe that's the easiest thing
to do.
CHAIRMAN STRAIN: David, by the time we finish with the
public and wrap up our discussion on this, maybe you could offer
some language, if you can think of any. If you can't we'll just live with
it.
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I have a suggestion that mayor
may not help. We keep talking about a Gold's Gym and the size of a
Gold's Gym. Is there a way we can put in the documents that if we do
choose to accept a certain SIC code or whatever, it can be restricted to
so many square feet?
MR. WEEKS: Certainly.
CHAIRMAN STRAIN: Yeah, we do that in the LDC on a
regular basis.
MR. WEEKS: That again is just a question of how specific we
want to get in the Growth Management Plan, but you certainly have
that ability, yes.
CHAIRMAN STRAIN: Mr. Murray, then Ms. Caron.
COMMISSIONER MURRAY: Just one final for me, anyway.
The way I understand it now from this discussion, you could have one
physician, one office, and the rest of it could all be medically related
retail; is that correct? That's the way I think I understood David Weeks
to say that.
MR. FERNANDEZ: If it's medically related for that 60 percent
ofthe project, yes, sir.
COMMISSIONER MURRAY: I don't know what's in the minds
of the people who live in that area, but I kind of suspected from the
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November 26, 2007
last times we talked about this that they were hoping they'd see
doctors and chiropractors and people within the profession. I wonder
if they would be happy with the notion that there might be one
physician and all kinds of retail.
MR. FERNANDEZ: Over time you're going to see the highest
and best use, the highest returning economic use of the property will
be toward medical. And you'll see that it may not happen immediately.
But over time I suspect that it will be over the 60 percent.
COMMISSIONER MURRAY: Well, I would agree that the
highest and best use from an economics point of view from the point
of view of the investor is to achieve that. But the highest and best use
for the community is I think a primary concern.
MR. FERNANDEZ: Certainly. I think they're both one in the
same in this case.
COMMISSIONER MURRAY: I hope so.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Well, yeah, just to further what
actually Mr. Murray -- I think Mr. Murray was trying to get at, I
respectfully disagree with Mr. Fernandez. I believe it is our job to be
specific on these things. Certain commitments have been made to the
community, and I want to make sure that the community understands
those commitments.
And I'll wait to hear from the community, but I disagree that
we're getting into market forces. I think our job is to get into those
market forces, because I don't want this community to end up with
something that they don't intend.
Originally when this proposal came before us, it was for an
urgent care. That was the big discussion, surrounded an urgent care
facility for this area. A very legitimate need in the neighborhood.
(At which time, Commissioner Midney enters the boardroom.)
COMMISSIONER CARON: If you change that to be a series of
LensCrafters, I'm not sure that's what these people think they're
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November 26, 2007
getting. And so I'll wait to hear from the community.
CHAIRMAN STRAIN: Let the record show that --
COMMISSIONER CARON: And just one more comment. I did
want to say that I also did get a bunch of e-mails from people. And all
of which I read, but I did not print any of them out today.
CHAIRMAN STRAIN: Let the record show Mr. Midney has
shown up.
And Paul, the placemat that's there, Brad did that.
COMMISSIONER SCHIFFER: Yeah, it was on the side of my
car.
Mark --
CHAIRMAN STRAIN: Go ahead, Brad.
COMMISSIONER SCHIFFER: -- I had a question. Is staff going
to make a presentation or not?
CHAIRMAN STRAIN: They will after the applicant gets done.
And before the -- David, do you prefer yours before the public or
after?
MR. WEEKS: Before.
CHAIRMAN STRAIN: Okay. So as soon as we're done with
questioning the applicant, David will be next.
COMMISSIONER SCHIFFER: Then let me just ask this one
question. In D there's a statement, the neighborhood center boundaries
of this quadrant shall not be further expanded.
How powerful is that? Is that until the next group asks for it to
expand, or --
MR. WEEKS: Exactly. You impose it through a plan amendment
and you can remove it through a plan amendment. But it still does take
a plan amendment.
MR. FERNANDEZ: I think probably the strongest item relative
to that issue is that currently these lands can be requested to be utilized
for conditional uses. And what we've done is really substituted for
those uses, because we've removed the opportunity for those
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\
conditional uses to expand further.
COMMISSIONER SCHIFFER: All right.
CHAIRMAN STRAIN: Any other questions of the applicant
before we go to staff?
(No response.)
CHAIRMAN STRAIN: Thank you.
MR. FERNANDEZ: I'd like to reserve the right to get back here
to address any issues that may come up.
CHAIRMAN STRAIN: Certainly. Go ahead, Mr. Weeks. Tom,
I'm sorry.
MR. GREENWOODWOOD: Good afternoon. For the record,
Tom Greenwood, Principal Planner, Comprehensive Planning
Department.
I'm going to be fairly brief, but I would like to touch on some
things that perhaps were skated over briefly.
This map, as we heard on the March 5th transmittal hearing for the
planning commission, is not to scale. But that map would basically be
modified if this application were to go forward and approved to
include the additional acreage at the southwest quadrant of that
neighborhood center.
Although this may not be real legible, the area shaded in yellow,
okay, the lower tract is the north 150 feet of Tract 126. The two tracts
to the left are actually separate tax J.D. numbers, but it's Tract 124.
The effect of the amendment to the map for this neighborhood district
would be more than double the area of that quadrant.
This map -- there we go. Everybody dizzy yet? This map, the
crosshatched yellow area represents the area that's under consideration
for addition to the neighborhood center.
And as you recall back on March 5th, the amendment was fairly
straightforward. It proposed the neighborhood center be added on to
by the acreage in question, with the possible C-l through C-3 uses,
which are anticipated in the neighborhood center.
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And as you recall, the testimony at that time was 100 percent in
opposition, I believe, with the exception of the applicant.
The planning commission recommended denial to the Board of
County Commissioners. Staff recommended denial to the Board of
County Commissioners.
When the transmittal hearing got to the Board of County
Commissioners and prior to that time, the applicant admitted that he
had met a number of times with the property owners in the
surrounding area. And their real interest I guess was in a medical
center, medical urgent care, that sort of thing.
So the additional language that was submitted was submitted to
staff the morning of the June 5th transmittal hearing before the BCC,
is that which you see on Pages 3 and 4 of the staff report.
Staff did meet with the applicant, and you can see by that
meeting the staffs proposed double line strike-throughs for deletions
from what they submitted and double lined underlined for what staff
would feel appropriate to be additions.
Just very briefly, there is a sense that when a map is amended
like this, whether it be a zoning map or a future land use map, that this
tends to be somewhat of a foretelling of the future for the area.
There already is, as mentioned in the staff report, an application
further to the west on the north side of Golden Gate Boulevard, which
is proposing some much more substantial changes to the Future Land
Use Map.
Some of the comments that were received by you and from the
11 speakers who spoke originally on March 5th in opposition included
the -- they felt the proposal is premature; they favor the isolation from
commercial development; willing to drive miles to nearest
commercial; Golden Gate is intended to be rural in character and this
petition is incompatible with that; piecemeal approach to commercial
siting is inappropriate; and it sets a precedent for future -- similar
requests in the future.
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The -- again, the BCC action was to transmit by a vote of 4-1.
And during their transmittal discussion and hearing they basically felt
that there should be, number one, another neighborhood information
meeting, which was held on October 22nd.
I attended that meeting. And those who spoke, spoke in favor of
medical facilities. I don't recall if anybody spoke in favor oflots of
retail or other commercial uses. But to my knowledge, there was
nobody who spoke in opposition to medical out there.
The other reason the board felt that transmitting this to DCA
would be appropriate is there would be another bite at the apple, and
this is the bite here today. And the Board of County Commissioners
will have another bite at a subsequent hearing on this matter.
I think you've already discussed in great detail the annotations on
the bottom of Page 3 and Page 4 of the staff report.
And unless there are some questions of me, that's my
presentation.
CHAIRMAN STRAIN: Any questions of staff at this time?
Ms. Caron, then Mr. Kolflat.
COMMISSIONER CARON: Does staffhave any objection to
more restrictive lighting standards?
MR. GREENWOODWOOD: I don't. And I would defer that
question to David. I think that's really what the proponent is
proposmg.
MR. WEEKS: No. The issue is that the way the language is
presently proposed by the applicant is in conflict with an existing
policy in the Golden Gate Master Plan pertaining to lighting.
The question then becomes do we want to treat this and any other
future amendments on a piecemeal basis, or should we go back to that
underlined policy and make changes there.
You certainly have the option of allowing this type of lighting
here, we just need to put the appropriate language in there to say this
lighting is allowed here, notwithstanding what Policy 5.1.1 says, and
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then the appropriate cross-reference in that policy.
COMMISSIONER CARON: Thanks, Dave.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLA T: Is it still the staffs position to
recommend not to adopt?
MR. GREENWOOD: Yes, sir. And if you choose to adopt, we
would recommend language similar to that what's in the staff report.
CHAIRMAN STRAIN: Any other questions of staff at this time?
(No response.)
CHAIRMAN STRAIN: If not, then we'll hear from the public
speakers.
I ask that when you come to the podium, either one, by the way,
identifY yourself and please try to spend no longer than five minutes.
We're pretty tolerant on time so let's go forward.
MR. WEEKS: First is Pat Humphries, followed by Christina
Farlow.
MS. HUMPHRIES: Good afternoon, ladies and gentlemen. My
name is Pat Humphries, and I have spent the past 12 years engaged in
issues regarding Golden Gate Estates.
As a past director of the Estates civic and an advisor on the board
for the new homeowners association of the Estates, I have monitored
every commercial petition that involved Golden Gate Estates. Some
good, some not so good.
This request is unique in that the owner is willing to specifY the
type of business that will utilize this space. A medical facility will
serve the residents of the Estates, and I am therefore in favor of this
petition.
I am not in favor of a gym, nor do I think that area would even
invite a gym. A gym is huge. The whole center would have to be a
gym in order for somebody to be interested in it. Or a wellness center.
I'm looking at pediatricians, dentists, doctors, urgent care, and a
guarantee that it will never be any different. Thank you.
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CHAIRMAN STRAIN: Thank you. Pat, could I -- I'm going to
ask each speaker the same question, so could I ask you one question
before you leave the podium? I think you're heading in the direction I
was assuming that the public thought out there, medical offices and
clinics, but when we added medical related uses, were you envisioning
this to be like a LensCrafters operation?
MS. HUMPHRIES: No.
CHAIRMAN STRAIN: Thank you.
MS. HUMPHRIES: You're welcome.
MS. FARLOW: Good morning. My name is Christina Farlow. I
live in Golden Gate Estates.
I'd like to begin by prefacing my remarks in response to the
opposition letter that you read and say that, ladies and gentlemen, this
is not 1960. And Golden Gate Estates is not the same as it was in
1960. The needs are not the same. And at some point the public out
there is going to demand that these things be provided for us.
Let's just look at the demographics around this particular medical
facility. Within five miles of that medical facility urgent care, doctors'
office, dentist office, and even eyeglass store, I have no objection it
that.
There are five schools, with a sixth one proposed. There are six
gated communities and thousands of homes in the Estates. This is not
1960. We need facilities and services that currently we are having to
drive into Naples for.
And while you think that Ave Maria might supply something, let
me remind you, that it is about 10 to 12 miles to the nearest medical
facility from this particular site, and Ave Maria is about 10 to 12 miles
from that particular facility. It's no closer.
We have Ava Maria out there and we have Big Cypress coming.
And while we love to hold on to our rural characteristics, sometimes
you just have to realize that there are services and infrastructure that
are needed in some areas.
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So I speak for this particular project, and am inclined to say that
we need these services out there.
You want me to ask me a question?
CHAIRMAN STRAIN: You already answered it.
MS. FARLOW: Okay.
CHAIRMAN STRAIN: Next speaker, please.
MR. WEEKS: Linda Hartman, followed by Karen Acquard.
MS. HARTMAN: Hi. Good afternoon, and thank you for
allowing us to be here.
And you know what, thanks for looking out for us. Because I'm a
long-time resident in the Estates, and I was the vice chair of the master
plan committee with Mark, and we try to do what the people wanted
us to do out there. And a big thing now is, you know, the
neighborhood centers. And we had so many. And at the time I'm sure
the ones that were out there remember, we tried to expand that and
make a couple more neighborhood centers because we need some to
give the people some services out there. We just need to.
I mean, like Chris was saying, that was a long time ago that --
and I'm sure there's still a few out there that don't mind. You know, I
used to drive -- when I'd come home, I'd stop and it was 20 minutes
later till I got home. But now traffic is so rough out there that gee, I
sure wish I had something a little bit closer.
And when my grandkids get sick it would be really nice for them
to be able to go down -- well, they're doing a Walgreen's, thank
goodness, but it would be nice to go to the doctor, then walk over to
the Walgreen's.
Or you guys were talking about like an optometrist out there?
Well, fine, I don't care if I can get my class there, too. That saves
another trip.
So I don't have a problem with some facilities out there. You
know, along and yeah, if you need therapy, you break your arm, you
go to the doctors, then you go next door and you can actually, you
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know, be therapeutic. Gold Gym, I don't think so.
But then again, by talking with Mike and Mr. Corder, and we all
have, because he's taken the time to come to us and ask us what we
think is needed out there and get the community to say what they need
out there.
And yeah, we do want that. He's been able to deal with us.
But I do appreciate that you want to protect us from whoever is going
to be out there, and I know you need to get the wording down. Lord
knows, with the master plan we went through, you know, and the
many committees I've worked with -- we've gone through trying to get
those things out there.
But we need a medical center out there. So however you've got to
do it, take the time. Don't refuse this. This is an opportunity for us.
The transitional use is wonderful. It beats a day care. It's less traffic
than is going to be there and it takes care of our people out there.
So make it happen for us. You know, spend time with that
wording. I can't figure out why there was -- why these guys don't want
it out there, when they know we need it so bad.
So please, take the time and work out these details with us.
You're doing a good job. And Mark, you are, you are really wonderful
at doing that.
But take the time. Give us what we need. Help us get it right.
You know, we're just the public. But we live out there, we want this.
Make it happen for us, please.
CHAIRMAN STRAIN: Thank you.
MS. HARTMAN: Any question for me?
CHAIRMAN STRAIN: You -- in your text you answered as
well. I'm listening closely, so thank you.
Next speaker?
MR. WEEKS: Karen Acquard, followed by your final speaker,
Mark Teeters.
MS. ACQUARD: Good afternoon. For the record, it's Karen
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Acquard.
I have spent a number of years working hard for Golden Gate
Estates and its betterment. And a medical facility or medical offices
are badly needed in the area.
As a member of the master plan, we micromanaged. And if you are
going to consider this, I believe firmly that as long as Mr. Corder is
connected with it, it will be what he's promised.
My concern is the developer. We have heard many requests and
had developers thumb their noise in our face once they got the rezone.
And so I am asking that you consider this, because it is needed,
but to do it in such a way that the wording is so tight that no, I don't
want a LensCrafters, thank you very much. A Montgomery Eye
Center would be great. Gold's Gym, no way. Drive into town if you
want to exercise, or walk around the block, thank you, get a bike.
But yes, an urgent care center, I know that that is one of the
things that Mr. Corder is promising, but he's not the developer.
So please, take your time. We do need this. The location is
perfect. And it would be an asset to so many people in the Estates who
live out off DeSoto and Everglades and so on. But micromanage it so
that the developer can't screw up what Mr. Corder intends. Thank you
very much.
CHAIRMAN STRAIN: Thank you. Appreciate it. And you
already answered my question as well, thank you.
MR. TEETERS: Commissioners, good afternoon. Mark Teeters.
I'm a little unique in that I live almost directly across from where this
project would be located. I live on Wilson Boulevard. And the buffer
area -- there's no picture up here now. Michael, could you put that
picture up there again?
The buffer area that goes across the bottom of there is going to
basically -- down a little bit, over this way.
CHAIRMAN STRAIN: You've got to use the speaker if you're
going to speak. I'm sorry. I think we know where the buffer area is.
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MR. TEATERS: The buffer area that goes across the bottom of
there, well, that was one of the concerns of the folks in the
neighborhood. I sent you all an e-mail with the documentation on the
minutes of the little meeting -- neighborhood meeting we had with the
local residents. If anybody needs one, I have some more copies.
That was one of their concerns was the buffer. See, as it is right
now, Walgreen's is going to be built. But as you drive down the road,
if somebody were to develop this piece of property into a residential
property, you're going to see the back of the Walgreen's.
If this project gets built, that buffer is going to protect the folks
that drive up and down the street and that live in the area that are
going to see the back end of all of these, okay. That was one of the
things that they talked about.
Medical and professional offices, community benefit, obviously.
Reduced trip generation to the west and into Naples is going to save us
on fuel. Folks that want to drive into Naples are going to drive into
Naples anyway. But as our roads get more and more crowded, as more
and more people move out there, it's going to get tougher and tougher.
The types of businesses that have been discussed here, normally
even the LensCrafters, most of those businesses aren't high volume
generators, and most of them do business 8:00 to 5:00. Even a
LensCrafters. So even ifthere's some type of restrictions, hey, so
they're open to 9:00. But that's not late. That's not going to be a big
problem for the neighborhood.
A Gold's Gym, no. I have a problem with the Gold's Gym,
obviously.
Let me think, what else do we have here. The bollard lighting
was a great touch. Everybody really liked that. The fleet trucks, that
was a big thing that the folks from the neighborhood wanted to talk
about was they didn't want to have somebody have a business where
they could park a whole bunch of fleet trucks there. That just wasn't --
that's not conducive to the neighborhood.
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Parking designed to be conducive to medical, again you're not
going to have a whole bunch of vehicles parked there 24 hours a day.
Let me see, project is within walking distance or bike riding distance
of an awful lot of people out there.
Let's see, what else? Someone said earlier that this was
premature. There are so many people that are still moving to this area.
I don't care what anybody says, the developers, say well, golly,
everything is stopped right now. There's still people moving here,
okay?
We need these services. If not now, when are we going to do
these things? I think it's important -- this particular project is important
to folks out there, because these are things that we do need, all right?
Now, the next projects that are going to come along are going to
be things that we need as well. We need a small supermarket. We need
somewhere for folks to come and shop out there. This is not going to
be it. This piece of property is not conducive to that. But this is
conducive to what's being proposed. Therefore, I recommend that you
vote for approval on this.
CHAIRMAN STRAIN: Thank you, Mark.
MR. TEA TERS: Did I answer your question?
CHAIRMAN STRAIN: Oh, yeah. I'm hearing it.
And that's the end of the public speakers?
MR. WEEKS: Yes, sir.
CHAIRMAN STRAIN: Mr. Fernandez, you wanted time for
rebuttal?
MR. FERNANDEZ: Well, actually, I think we may have a
solution, if you feel comfortable with it. And that medical related uses
would be limited to a maximum of 5,000 square feet. You don't get a
Gold's Gym in 5,000 square feet. In fact, you don't get a LensCrafters
in 5,000 square feet. You might get a small optometrist that sells
glasses and so forth. Hopefully that will take care of your concerns.
I mean, the intent is not geared to be -- and the owner doesn't
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believe it and as a site designer/planner, I don't believe that it's
intended or it's destined to be that type of use.
CHAIRMAN STRAIN: Mr. Fernandez, approximately how
many square feet do you think you're going to put on this parcel?
MR. FERNANDEZ: I think the number that we've used with the
board was 60,000 square feet was the maximum that we would be able
to accommodate on this site.
CHAIRMAN STRAIN: Okay. So 36,000 square feet of that is
proposed for medical offices, clinics and related uses, and that would
leave the remainder, which would be 24,000 for retail?
MR. FERNANDEZ: No, sir, general office.
CHAIRMAN STRAIN: I'm sorry, general office.
MR. FERNANDEZ: And its design -- and hopefully, you know,
from an economic standpoint for the developer it will all end up being
medical. But a maximum of 40 percent of it can be professional office.
CHAIRMAN STRAIN: David, or -- where is the limitation that
the remaining 24,000 -- the remaining 40 percent is limited to medical
office -- or to offices in general? How do you -- because the way this
reads, and I thought I heard during the presentation you were talking
about uses similar to the remaining part of the activity center, which
would get you up to C-3 for anything above 60 percent. How are we
limiting that?
MR. WEEKS: Okay, two things: First of all, we have to put it in
context that this is being added to a neighborhood center. I know
Michael had made reference earlier that all of the development
standards, the use limitations et cetera that apply to neighborhood
centers apply to this property.
What he's doing is further restricting to just -- if you go to Page
3, the staff recommended language the only uses allowed are under
A-2 and A-3, and that is medical offices and clinics and professional
offices, except surveyors, and medical related uses.
So if the medical uses, medical and medical related are capped --
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excuse me, under B-1 have to be no less than 60 percent, then by
default 40 percent is devoted to the only other use category in that --
CHAIRMAN STRAIN: Okay, but if we were to utilize a 60
percent for pure medical offices and clinics, then any medical related
use, which would be the retail areas of those, like a glasses and a
LensCrafters, could be put in the 40 percent. It's not like we're saying
you can't put those there, but that would be restricted to the 40 percent
if it was taken out of the reference of 60 percent, would it not?
MR. WEEKS: I see what you're saying, yes.
CHAIRMAN STRAIN: Well, then that solves everybody's
problem. Then when the BCC is getting exactly what they believe
they were going to get, which is pure medical in the form of clinics
and offices, then any space within those buildings that are used for --
beyond medical or medical related use, like a showroom for glasses or
a casting room for -- or whatever they sell in drug stores, that would
be part of the 40 percent as a medical related use, if we move that just
to the 40 percent use.
MR. WEEKS: If! follow what you're saying, you're suggesting
no less than 60 percent of the building square footage be limited to
medical office and clinic.
CHAIRMAN STRAIN: Right. That would guarantee us doctors
and podiatrists and all the people that we were hoping to have out
there. And then the other 40 percent, the medical related uses that they
would need or whatever somebody would want to come in with that
still fits the bill could go under that additional 40 percent.
MR. WEEKS: As well as professional offices.
CHAIRMAN STRAIN: Right, right.
Mr. Kolflat, I know you had a comment, then Mr. Fernandez,
we'll get to you.
COMMISSIONER KOLFLA T: I had a question, Mark. What
was the question you were going to ask each ofthe speakers?
CHAIRMAN STRAIN: What they thought about the use of a
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retail area with a small doctor's office, like a LensCrafter's where they
have a small square footage dedicated to an optometrist, but the bulk
of their building is for retail glasses. And I heard their answers through
their discussion from everybody.
Mr. Fernandez?
MR. FERNANDEZ: Commissioners, at the public hearing with
the board, I think it was clear that 60 percent of the total gross square
footage was for medical and medical related uses. If you look at our
text that we propose under B, it says the subsequent rezoning -- it's not
per building, it's the rezoning -- shall provide that 60 percent of the
permitted gross square footage shall be designated for medical and
medical related uses.
We certainly don't want to do it, first of all, on a
building-by-building basis, because that can get very problematic.
But the idea was that well, let's just use 50,000 square feet, easy
math. 60 percent, that means 30 of it would be medical and medical
related. Up to 100 percent could be medical and medical related, but a
minimum of it was going to be medical or medical related. That
30,000, the balance which would be 20 would be general office,
although it could be medical or medical related.
CHAIRMAN STRAIN: Well, Mr. Fernandez, the words medical
related uses are so ambiguous. It's kind oflike when we tell staff that
-- in the end of a PUD we used to have this catchall phrase that says
any use staff feels is compatible with the uses herein above.
That is too broad for a GMP amendment in regards to protecting
the neighborhood. I think that your medical related uses could be
easily be accomplished in the 40 percent remaining. I don't know why
it couldn't.
MR. FERNANDEZ: Well, but I think the problem that we have
is that it's the marketplace. Eventually we hope to have the whole
thing medical. But in the marketplace, especially initially, you're
basically saying you're going to have 60 percent medical, period.
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And what we wanted is the flexibility so we have medical and
medical related and that it can grow into something more than that.
CHAIRMAN STRAIN: Well, I think it's 60 percent of what's
built and applied for. I mean, I don't know why you'd go in -- I don't
understand your statement how it wouldn't apply.
David, the 60 percent, is it 60 percent of the maximum they could
build there or 60 percent of what's permitted?
MR. FERNANDEZ: It's the zoning.
CHAIRMAN STRAIN: David.
MR. WEEKS: Well, the language reads the subsequent rezoning
shall provide that 60 percent of the permitted gross square footage
shall be designated for medical and medical related uses.
CHAIRMAN STRAIN: But someone crossed out the word
permitted and put the word allowed in the text that you provided. So
now we need to go back to the word permitted?
MR. WEEKS: No, sir, I'm just reading from what the board
approved for transmittal.
CHAIRMAN STRAIN: Okay.
MR. WEEKS: I'm sorry, just to try to answer your question. So it
seems to be saying that 60 percent of the building square footage.
CHAIRMAN STRAIN: Which is permitted. So if you apply for a
permit for 10,000, you're looking at 60/40, 6,000 and 4,000.
MR. FERNANDEZ: It doesn't use the word building at all. It
talks about zoning. So, for instance, if we get 40,000 square feet -- so
you could have one building that's 100 percent medical and then have
another building that's 100 percent office. And as long as that
percentage stays constant, you haven't exceeded 40 percent of the
general office, you're okay.
MR. WEEKS: Commissioners, I would agree with that. I would
agree with that, that the zoning -- for example, if they come in and
they are granted at approval for 100,000 square foot, 60,000 square
feet must be devoted to medical and medical related.
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CHAIRMAN STRAIN: Right. But ifthey come in and request
approval for 50,000 square feet then only 30,000 has to be medical,
medical related until you request more. Wouldn't that be true?
MR. WEEKS: Correct. Staying at that percentage basis.
CHAIRMAN STRAIN: Right. So wouldn't we want to be going
back to the word permitted, instead of the word allowed, as you -- as
was originally suggested by BCC?
MR. WEEKS: That was a staff recommended change, because
we usually don't use the word permitted, we usually word use the
word allowed in the Growth Management Plan because of the
connotation in the Land Development Code of a permitted being a use
by right.
MR. FERNANDEZ: But Commissioners, I think that the concern
you had, does the 5,000 maximum limit give you the comfort level?
CHAIRMAN STRAIN: I don't see the need for it when you've
got 40 percent in which you could move this whole phrase to and do
whatever you want.
I mean, if you remove the phrase medical related uses to only
apply to that remaining 40 percent, it gives you whatever use you need
to make up for those doctors' offices that want some other part of their
offices doing something else. I don't know why -- I can't see why it
harms you, unless there's something being done that is not being told
to us today.
MR. FERNANDEZ: I could even tell you that it's problematic to
try to even come back and carve out suites and say okay, this is
medical and this is nonmedical and how does staff review that from
impact fees and parking and every other consideration?
And that's why I think it would probably be -- the way we've got
it is that 60 percent of the permitted zoning would be restricted to
medical and medical related, a maximum of 40 percent would be
office, and we could say that the maximum square footage of any
medical related use, which would cover, you know, your concerns.
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I don't believe, for instance, that a Gold's Gym is a medical
related use. I mean, that's -- to me that's stretching it too far. But in
terms -- if it was a wellness center like they have at the Naples
Hospital, yes, then it has equipment, I could see that. Then that's a
medical related use, and those would be restricted to a maximum of
5,000 square feet. Because I can't see a facility larger than that being
supported here.
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Yes, sir, Mr. Schiffer?
COMMISSIONER SCHIFFER: And I kind of have a problem.
Because you're basing this on a ratio, the description you gave, that
one was 100 percent office, one was 100 percent medical, you know,
can you build the 100 percent office first. The word allowed is
somewhat dangerous, because somebody could do a study showing a
lot of square footage that would be allowed, yet they may not be
building that much.
So what if you just took it and said 60 percent of the gross square
footage? Got rid of allowed, got rid of permitted? And that way you
get rid of the problems here.
CHAIRMAN STRAIN: Well, that gets -- that says 60 percent of
the gross square footage would be designated to medical offices and
clinics --
COMMISSIONER SCHIFFER: No less than 60 percent.
MR. FERNANDEZ: No less.
CHAIRMAN STRAIN: Right. But then you've still got the
verbiage that I've been --
COMMISSIONER SCHIFFER: And I would kill medical related
uses.
CHAIRMAN STRAIN: Okay, well, then we're on the same page.
COMMISSIONER CARON: Then we're on the same page.
COMMISSIONER SCHIFFER: Yeah.
The other question I have is how important is the one story? I
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know that's in the master plan. But essentially you could put a
mezzanine in a one -- and that would count as one story.
CHAIRMAN STRAIN: I don't remember how the master plan
was written at the time.
COMMISSIONER SCHIFFER: Is it important that this thing --
because 35 feet is a two-story building.
CHAIRMAN STRAIN: I think whatever they -- whatever the
master plan allows there is okay with the community . We vetted that
very well, over two years or more. So I would be willing to think that
would work.
COMMISSIONER SCHIFFER: Even on this site? Because this
site is a transition into the Estates.
CHAIRMAN STRAIN: Well, the homes next door could go 35
feet too, for that matter.
COMMISSIONER SCHIFFER: They could.
CHAIRMAN STRAIN: Single-family homes.
MR. FERNANDEZ: You would have to make an exception in
this language to go more than one story.
CHAIRMAN STRAIN: Okay, are there any other questions of
the applicant, of staff, of anybody at this point on the planning
commission?
MR. FERNANDEZ: Mark, could you repeat the language that
you're starting to feel is coming together?
CHAIRMAN STRAIN: It's the same -- the only -- on B-1, we
would suggest the change no less than 60 percent of the gross square
footage shall be designated for medical offices and clinics, period.
MR. FERNANDEZ: As opposed to medical related in that 60
percent?
CHAIRMAN STRAIN: Right.
And then the medical related applies as a use on the property, but it
would be part of the 40 percent fill-out. And that's what I'm -- that's
where I'm at with it. And I think is everybody else -- any comments?
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November 26, 2007
COMMISSIONER ADELSTEIN: I think that makes good sense.
CHAIRMAN STRAIN: Okay, Margie, do we have to officially
close the public hearing before we vote on this -- in this context?
MS. STUDENT-STIRLING: Yes, I think you should on each one
of them.
CHAIRMAN STRAIN: Okay. With that we'll close the public
hearing and entertain a motion.
COMMISSIONER SCHIFFER: I'll make the motion.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: I move that we forward
CP-2005-2 to the Board of County Commission with a
recommendation to adopt with the following change: That in A --
CHAIRMAN STRAIN: No, B-l.
COMMISSIONER SCHIFFER: -- B-1, the word allowed be
struck through and the words medical related uses be struck through.
CHAIRMAN STRAIN: And do you accept the rest of staffs
recommendations as well?
COMMISSIONER SCHIFFER: Yes. I'm striking through the
staff report.
COMMISSIONER ADELSTEIN: I'll second the motion.
CHAIRMAN STRAIN: Motion made and seconded.
Now discussion. Ms. Caron?
COMMISSIONER CARON: The lighting issue.
CHAIRMAN STRAIN: Well, you know, I looked at that. And I
know we've addressed it in the master plan and I know we've been
comfortable with that. So I'm not sure why we want to research
lighting in another section of the GMP.
David, if we were to go back and modifY the GMP for that
lighting if the community felt it was a necessity, would this project
then fall under that modified language to whatever extent it came out?
COMMISSIONER ADELSTEIN: No.
MR. WEEKS: That's assuming that--
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CHAIRMAN STRAIN: His name's David now.
MR. WEEKS: Is that assuming that we do not address lighting in
this?
CHAIRMAN STRAIN: That's correct.
MR. WEEKS: So it's simply subject to Policy 5.1.1.
CHAIRMAN STRAIN: Right.
MR. WEEKS: Correct. That would apply to any project then
within Golden Gate Estates.
CHAIRMAN STRAIN: Okay. There are some GMP
amendments I guess going to be coming forward in Golden Gate as a
result of one of the other committees meeting out there, is what I've
been hearing. I don't know, the 951 committee?
COMMISSIONER SCHIFFER: Let me just -- on the lighting
thing, I mean, if you could do this with just bollards, it would look a
lot better. It would be much more passive for the neighborhood and
everything.
I think there is some concerns in code on the requirements for
lighting in parking lots that would make -- to achieve it with ballards
(sic) you would have, you know, ballard hall offame. But I think ifit
could be done with ballards, it would certainly be better. I can think of
some nice stuff up in Pelican Bay and stuff that's all done with ballard
lighting.
CHAIRMAN STRAIN: Well, David, then could we possibly in
C instead of striking all the language reference that ballards (sic) could
be used, subject to the Land Development Code basically -- you
know, in addition to 5.1.1, but where conflicting they could use
ballards, subject to any restrictions or any standards in the Land
Development Code that are written in that regard. Meaning parking
lots and things like that?
MR. WEEKS: I think the answer is yes. What you're asking is for
example if they want to do -- what they could clearly do, ifthey want
to use the bollards, but if the bollard lighting does not meet the
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lighting requirements in the Land Development Code, then they must
do whatever's required by the Land Development Code. Which
conceivably could include the combination of the two even.
CHAIRMAN STRAIN: So the bollards can -- I think then where
we're heading is the language could be supplemented to indicate that
ballards (sic) could be utilized as an option on this property, subject to
the restrictions in the Land Development Code.
MR. WEEKS: Okay. And then I would ask that we also make--
add language that makes a specific reference over to Policy 5.1.1 and
conversely have a cross-reference in Policy 5.1.1 to reference this as
an exception. Just housecleaning.
CHAIRMAN STRAIN: I agree. Is that--
COMMISSIONER SCHIFFER: I agree --
CHAIRMAN STRAIN: -- acceptable to everybody?
COMMISSIONER SCHIFFER: -- except for one thing, is rather
than use the word Land Development Code, can you use the word
governing codes? Because there's a lot more codes than Land
Development that could govern that.
CHAIRMAN STRAIN: That's fine with me. Does that work for
you, David?
COMMISSIONER SCHIFFER: The fire prevention code
addresses that and, you know, stuff like that.
MS. STUDENT -STIRLING: You could say Land Development
Code and other governing regulations, or something like that.
COMMISSIONER SCHIFFER: It's not like this could overrule it
anyway. But as the motion maker, I accept that.
CHAIRMAN STRAIN: And the second?
COMMISSIONER ADELSTEIN: Accept it.
CHAIRMAN STRAIN: Now, David, is the staff clear on the
motion? We want to have no unclear motions any longer.
MR. WEEKS: I appreciate that. Yes, sir, I am.
COMMISSIONER MURRAY: First we have to get unclear
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human beings.
CHAIRMAN STRAIN: Well, we're going to do the best we can
to avoid it.
Okay, the motion's been made and seconded.
All those in favor, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 8-0.
Thank you all. We're past item number one today. Let me get to
item two.
Okay, we will take a break for 15 minutes, be back here at --
actually, a little less than 15 minutes, at 2:45.
(Recess.)
CHAIRMAN STRAIN: Okay, if everybody will resume their
seats, we'll go on with the next part of the meeting.
PETITION #CP-2005-6
The next petition is CP-2005-6. It's the Golden Gate Area Master
Plan change to the Future Land Use Map for the David Lawrence
Center and the Church of God, located on Golden Gate Parkway.
Who is making today's presentation by the applicant?
MR. YOV ANOVICH: Good afternoon. For the record, Rich
Y ovanovich, on behalf of the applicants. I have with me David
Schimmel, with the David Lawrence Center, Margaret Perry, Jeff
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Perry. I think that's it.
You've heard this before. We went through -- we're asking to
designate five acres on Golden Gate Parkway for use for the David
Lawrence Center and/or the church use. As you know, no more
conditional uses are allowed on Golden Gate Parkway.
The David Lawrence Center owns this five acres. The intent is to
use this five acres for the development of what was intended to occur
on the original David Lawrence Center property, but through the
taking of Goodlette --
CHAIRMAN STRAIN : Your speaker is not kicking in.
MR. YOV ANOVICH: The intent is to go ahead and use this five
acres to make up for the 2.2 acres that were lost through the
acquisition by Collier County for Golden Gate Parkway.
The Board of County Commissioners recommended unanimously
to transmit this to the Department of Community Affairs. The
Department of Community Affairs did not have any comments in the
ORC Report.
And with that, unless you need more information, since you've
heard all this before, we'll answer any questions you might have
regarding the petition. I believe we've satisfied your staffs original
concerns that we did not provide enough data and analysis, needs
analysis. I think we provided that before the Board of County
Commissioners' hearing, and I think we've satisfied that concern of
your staff.
And you also have I believe in your agenda package a conceptual
site plan for what we may do on that five acres, which basically shows
a building fronting Golden Gate Parkway, with a lake behind that
building.
CHAIRMAN STRAIN: Are there any questions ofthe applicant?
(No response.)
CHAIRMAN STRAIN: By the way, you may not have satisfied
all of staffs concerns, because they still recommended not to adopt.
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MR. YOV ANOVICH: I'm told that that's a typo, right?
COMMISSIONER MURRAY: That was good.
MR. YOV ANOVICH: But I'll let Michelle explain that.
MS. MOSCA: Good afternoon, Commissioners. For the record,
Michelle Mosca with the Comprehensive Planning Department.
Before I provide the information on the transmittal history, I
would like to correct the record to reflect the change conditions of the
executive summary. Staff originally had recommended not to transmit
this petition to the Department of Community Affairs. However,
between the planning commission, transmittal hearing and the board
transmittal hearing, the applicant provided a needs analysis which
demonstrated that the services provided by the David Lawrence
Center, both now and in the future, will be needed.
As a result, staff changed the recommendation again. I see that
we have made an error in the executive summary that recommends
denial.
CHAIRMAN STRAIN: Don't tell us Richard's right. That's going
to set a terrible precedent --
MS. MOSCA: Unfortunately I have to be the bearer of bad news.
CHAIRMAN STRAIN: -- for the future.
MS. MOSCA: Yes, he is correct.
Staffs recommendation, however, is the alternative
recommendation that was provided to you in the staff report
originally. And I'll provide that on the visualizer. Also, you should all
have a copy of that as well.
What staff is proposing is that the five acres adjacent to the
church site on the east be limited to water management and
preservation. Staffs recommendation will allow the applicant to
become whole due to the acreage loss of the roadway expansion.
Also, staffs recommendation keeps in mind the community's
desire to limit conditional uses and commercial uses along the
Parkway. And that's as stated in the Golden Gate Area Master Plan.
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And I believe Rich had already mentioned the BCC
recommendation and the planning commission's recommendation was
to recommend transmittal 7-0, provided that the applicant provide the
needs analysis and the site plan, which in fact they did.
CHAIRMAN STRAIN: Michelle, were there any objections to
your recommended language that you know of?
MS. MOSCA: I know -- well, I don't want to speak for Rich, but
I know originally they were not in favor of the recommended
alternative staff language.
Let me also -- I would like to put the -- if you all have seen the
master plan. Let me put that on the visualizer as well.
The additional square footage that's proposed, both on the
existing site as well as the five-acre adjacent site to the church, really
allows for so much more than would have been allowed under the
existing conditions of the Golden Gate Area Master Plan. I just wanted
to point that out for the record.
CHAIRMAN STRAIN: Thank you.
MS. MOSCA: You're welcome.
CHAIRMAN STRAIN: Richard, do you want to talk to us about
what you don't like about the staff recommended language?
MR. YOV ANOVICH: Yes, if you don't mind. What we don't
like is the requirement that only native vegetation and lake can occur
on that five-acre site. Whatever we do on that five acres is going to
require that we go through the conditional use process anyway, so
we're going to have to go through the public hearing process to put
any use on that five-acre parcel.
Right now we have plans, the ultimate build-out as we see it right
now would have us having a building on that five-acre parcel. And
you've asked us to come back with a conceptual plan, which we have.
We've located the building adjacent to Golden Gate Parkway with a
lake behind us to buffer us from any residences.
We're not in a position today to agree that five acres can only be
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used for native vegetation and for water management. We can't fit
what we need to fit now and in the future on just the remainder, the
remaining property.
So what we're requesting is approval with the understanding that
we're going to have to come back with a conditional use application to
put anything on that five acres in the first place. So to decide today
that you cannot put anything on that five acres as part of the
comprehensive plan doesn't really make sense for the David Lawrence
Center. We have to do another comprehensive plan amendment to
allow a building in the future on that five-acre parcel.
CHAIRMAN STRAIN: So to change the use on that five-acre
parcel beyond what's in this GMP amendment, or actually even to use
that five-acre parcel for this, you've still got to do a CD.
MR. YOV ANOVICH: Conditional -- yes, we'll have to go
through the conditional use process.
CHAIRMAN STRAIN: But when you come in for your CU,
what are you going to be coming in for then, just water management
and native vegetation, or you --
MR. YOV ANOVICH: No, we would come through -- well,
probably in the first phase, yes. That we would do -- well, probably in
the first phase we would look at that. We may have a building already
planned at that point, I don't know.
But the conditional use would either be just for native vegetation
of water management, but if we already know that we're going to put a
building, we would ask for a building as well. I don't know if we know
that far --
CHAIRMAN STRAIN: Well, on your other uses like the church
and the existing David Lawrence Center, 1 don't remember, it goes
back a ways, are they under conditional uses or PUD's or both?
MR. YOV ANOVICH: Conditional uses, I believe.
CHAIRMAN STRAIN: So the language that staff has in here
referring to the limitation of uses as a church on the church parcel and
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a David Lawrence Center on the David Lawrence parcel can't be
changed anyway without a conditional use.
MR. YOV ANOVICH: Correct. And we're limited to those types
of uses as well on this five-acre piece. If it goes through the way we're
asking.
CHAIRMAN STRAIN: Michelle, why would staff want to force
an applicant to go through the GMP process, as well as the CU process
by the language you've inserted here? Because that's what you're
basically forcing them to do if they go from a -- if they want to change
any of the uses to any CU that they go forward in the future, they're
going to have to change the GMP if it's inconsistent with a new CU.
MS. MOSCA: Hopefully -- I think I understand what you're
asking. The five-acre vacant site right now would not be eligible for
CO's, conditional uses, under the existing Golden Gate Area Master
Plan text. And that limits again conditional uses along the Parkway
from Livingston Road to Santa Barbara. And that was in response to
the community as part of the restudy plan amendments and so forth.
What staff was trying to do was, again, keeping in mind the
desires of the community for that corridor, we looked at what was lost
from the right-of-way being taken and then allowing that additional
building development to occur on the existing site and allow for that
loss on the five-acre site. It was never staffs intent to allow -- or
recommend the allowance of additional conditional uses on that
five-acre piece.
CHAIRMAN STRAIN: I can't remember back to the transmittal
hearing. Was that building introduced to us during that time frame?
MS. MOSCA: I don't recall. I'll have to --
COMMISSIONER MURRAY: I do.
CHAIRMAN STRAIN: Questions of staff or applicant yet? Go
ahead, Mr. Murray.
COMMISSIONER MURRAY: Just the process here. I thought I
recollected that the crux of the issue was that they had no place to put
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the water and they needed another building or buildings in the future.
And this master plan appears to help them with the water, certainly.
Does it give them the building that they originally wanted? Or that's
not included in here?
MS. MOSCA: Originally staff had asked for the original site
development plan that was submitted and I believe denied because the
applicant didn't have adequate acreage for the water management, as
well as the native preservation.
And I also believe that with the GMPA, the Growth Management
Plan Amendment submittal, that was one of the reasons that they were
asking for the expansion.
But what staffhas tried to do is come up with a compromise that
if the applicant locates those water -- the water management and
preservation on that five-acre site, the applicant could in fact develop
on the existing site.
The loss was approximately I believe 2.2 acres only. What
they're asking for goes above the 2.2 acres. So what we're doing is
making an exception to that conditional use provision for this facility.
COMMISSIONER MURRAY: Okay. Thank you.
CHAIRMAN STRAIN: How far above the 2.2 acres does the
building footprint in the parking lot go; do you know?
MS. MOSCA: I don't know. I'd have to defer to the agent.
MR. YOV ANOVICH: It's less than half of that site.
CHAIRMAN STRAIN: You have to use the speaker.
MR. YOV ANOVICH: I'm sorry. It's less than half of that
five-acre site, so it's probably in the same range of 2.2 acres of
building area to what was lost.
Now, keep in mind, it's a combination of not only the loss of2.2
acres, you have native preservation requirements you've got to meet,
water management requirements you've got to meet. So it's not really
a one-per-one. But if you look at that, that's roughly 14,000 square
feet of building with parking on a five-acre parcel. It's probably right
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in the 2.2. It's certainly no more than 2.5 acres of development, if you
will, on that site.
And the concerns -- the people who spoke said they didn't have
any objections to the David Lawrence Center or the church using that
site. The objections were to the more public facilities like libraries and
other governmental uses that the group objected to. It was not the
David Lawrence Center, because the David Lawrence Center has
proven itself to be a good neighbor to the neighbors and to -- the
services obviously are needed. And they've already got a campus
there. So it just made sense to keep everything in the same
neighborhood, if you will.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: But currently what shows on this
plan is -- is it building E? On the original site. It's very difficult to
read. It's on the southeast corner. It's in blue.
MR. YOV ANOVICH: I'm with you.
COMMISSIONER CARON: That currently is all native
vegetation. So that's all new development there.
MR. YOV ANOVICH: Correct.
COMMISSIONER CARON: Yeah. Okay.
I also have another question on your needs analysis. You give a
list. The David Lawrence Center offers the following services, and
there's a list that goes from 24-hour crisis stabilization all the way
down to therapeutic foster care. And anything that's starred on that list,
it says indicates this service is provided only by David Lawrence in
Collier County. Since when is David Lawrence the only facility
offering affordable housing?
MR. YOV ANOVICH: Where's --
COMMISSIONER CARON: It's number three.
MR. YOV ANOVICH: That's a typo.
COMMISSIONER CARON: Thanks.
MR. SCHIMMEL: We offer--
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CHAIRMAN STRAIN: You can't speak from the floor. I mean,
you can, but you're not supposed to.
MR. SCHIMMEL: David Schimmel, CEO of the David
Lawrence Center.
Our affordable housing is for people who suffer from a severe or
major mental disability. So I'm not sure there are other organizations
in town devoted to that type of affordable housing, so --
COMMISSIONER CARON: Okay.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Michelle, I have a question.
You're looking at this from a replacement value based upon acreage
from what was taken, correct? Is there a hardship factor in here based
on the fact that they planned to go one way and now they have to go
the other way, or do you have to stay just to the numbers?
MS. MOSCA: I probably need to defer to Rich on that. I'm not
certain.
MR. YOV ANOVICH: For that.
MS. MOSCA: Again, time looking at this from the loss. I don't
know ifthere's a hardship based on what they could have developed
with the existing Golden Gate Area Master Plan language. They
would have been able to expand -- we didn't receive the site
development plan, so I'm not certain how much they would have been
able to expand, if they had not lost that 2.2 acres.
COMMISSIONER VIGLIOTTI: But you're looking strictly at
the numbers.
MS. MOSCA: That's what I'm looking at, yes.
MR. YOV ANOVICH: Right. And keep in mind, when we came
through at transmittal we talked about it was a combination of the loss
of 2.2 acres and the change in county regulations from when David
Lawrence originally bought the property in the early Seventies that's
affecting the plant expansion.
We were asked by you all to bring a conceptual site plan as to
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what we think the build-out will be. And the build-out has it at
roughly, you know, almost -- it's 85,000, I think 580 square feet shows
the build-out for the entire campus, which we think will meet, you
know, today's need and future needs. And again, we're looking into the
future for our services as well.
And that's why we can't agree to just say no, we're just going to
take away that 14,000 square feet from the ultimate development of
the site, because we know we're going to need to provide those
serVIces.
COMMISSIONER VIGLIOTTI: Thank you.
CHAIRMAN STRAIN: Thank you.
Mr. Midney?
COMMISSIONER MIDNEY: Yeah, I hope I'm not being
premature, but I know as a mental health -- as a health professional in
this county that community mental health services are severely
constrained now and they will be in the future, and 1 really think that
they need to be able to have the flexibility to build on that five-acre
parcel.
CHAIRMAN STRAIN: Any other comments or questions?
(No response.)
CHAIRMAN STRAIN: Michelle, if they were to get this
approved, all that does is give them the right to come back in and ask
for a conditional use for the uses contained in this GMP amendment
on that parcel. So we get a -- this will be a third or a fourth bite at the
apple by the time they come in for the conditional use.
MS. MOSCA: That's correct.
CHAIRMAN STRAIN: Okay. And it's at that time that--
because the plan they're showing here is pretty intense on that five
acres in regards to the front half of -- the buffers and things like that.
We can always institute those kind of recommendations at that time?
MS. MOSCA: That's correct. Again, staffs concern was dealing
with the integrity of the plan and what was spelled out in the Golden
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Gate Area Master Plan based on those communities' desires. And
that's where we're coming from.
It was difficult, after reviewing the needs analysis. And
definitely, based on what was provided, there is a need for those
services in the community.
CHAIRMAN STRAIN: If staff did not have the language added
restricting the uses on the property in the red that you've added, would
you still recommend approval?
MS. MOSCA: I'm sorry, the --
CHAIRMAN STRAIN: You passed out a sheet--
MS. MOSCA: What I provided?
CHAIRMAN STRAIN: Yes.
MS. MOSCA: No, we would not, based on the existing language
in the Golden Gate Area Master Plan.
CHAIRMAN STRAIN: Thank you.
Any other questions? Mr. Schiffer?
COMMISSIONER SCHIFFER: One question.
Is there a reason why you're not connecting the drives --
interconnecting the driveways on that building -- well, the far east
building.
MR. YOV ANOVICH: This is very conceptual. We have not -- I
mean, this is not the ultimate site plan.
COMMISSIONER SCHIFFER: But you probably will when you
come before us.
MR. YOV ANOVICH: I'm sure there'll be some revisions to what
you have in front of you.
COMMISSIONER SCHIFFER: You wouldn't want to make
everybody go -- so we don't have to make that a stipulation.
MR. YOV ANOVICH: I would -- no, I don't think you need to
worry about that.
CHAIRMAN STRAIN: Anybody else?
(No response.)
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CHAIRMAN STRAIN: Richard, I notice some ofthe uses that
you'd be allowed to do are private schools and day care centers. Is that
one of the intended uses you're thinking of in this five-acre tract?
MR. SCHIMMEL: Dave Schimmel again, David Lawrence
Center.
No, those are not the intended uses.
CHAIRMAN STRAIN: What about a library?
MR. SCHIMMEL: No.
CHAIRMAN STRAIN: Government office? Those are out?
MR. YOV ANOVICH: Those have been removed.
CHAIRMAN STRAIN: Okay. Well, the paper I have still has--
so those last four have all been removed? And you're not going to put
in private schools or day care centers?
MR. YOV ANOVICH: Well, we had the ability to do a day care
related to the David Lawrence Center only. It couldn't be a standalone
CHAIRMAN STRAIN: I realize that.
MR. YOV ANOVICH: -- day care.
CHAIRMAN STRAIN: But I'm thinking of that location on the
front of that five-acre tract. If it's within the subdivision that David
Lawrence has created there, would that then be considered part of the
David Lawrence Center that remote to it? That's what I'm asking,
because that's going to have a higher level of intensity for noise to the
neighboring residential than it would be if it was in the campus part of
the David Lawrence Center.
MR. YOV ANOVICH: And we would expect that level of
analysis to occur during the conditional use process. So right now we
don't have plans to do that, but if we did bring a day care on that
five-acre piece, we would expect conditions -- to address those
concerns as part of a conditional use.
CHAIRMAN STRAIN: Well, I certainly agree with Mr. Midney
that health care is a priority and we need it. But I don't see the need for
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the private schools and a day care in particular on that five-acre tract
that you are claiming to need to make up for lost acreage.
So that's kind of where I'm going with it. I don't know what the
rest of the thoughts of the board are.
Ms. Caron and then Mr. Murray.
COMMISSIONER CARON: I think your reference earlier to the
need for some sort of specificity of these things, based on past actions
by certain members ofthe community bringing forward things and
then claiming that they had a right, once we got to conditional use
hearings, is important. And I think we need to be specific on this one
as we were specific on the last one.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I would like to hear Mr.
Schimmel's view of what premises there are for such things as the day
care centers and a school associated with it, ifhe'd like to talk to that
issue. Inasmuch as it was concluded, one would assume that there was
a need expressed.
So is it something that you would want us to consider or is it
something you feel you can eliminate?
MR. SCHIMMEL: I would like to not eliminate it. But I would
assure you that any type of day care operation would be related to the
mental health function that we currently provide on our eight acres. It
would not be a preschool or anything like that. And we're not in the
private school business, we don't have any intention of getting into the
private school business.
COMMISSIONER MURRAY: I didn't think so. So I think
maybe any restrictive language might be applicable to that so as to
assure --
MR. SCHIMMEL: Well, the only thing you have to remember is
this is a joint application with us and the church as well, so -- this is a
PUD.
MR. YOV ANOVICH: This is our district. And I think that's
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where the concern came was, remember, because this applies to all the
acres. So if you were talking about limiting the use, like saying no
private school, you need to be very, very specific on that. Because you
don't want to affect what the church can already do on the church
parcel and what we may already be able to do on our existing --
COMMISSIONER MURRAY: I fully agree with you. And I was
attempting to try to determine the full need. And I could see it as
based upon services provided ancillary to those services, you might
want to provide those two other things.
But since it's conjoined, that becomes a question of wording now.
That could become difficult, couldn't it?
MR. YOV ANOVICH: And again, the conditional use, one of the
criteria of the conditional use application is compatibility. So we can
address the compatibility issue through the conditional use process.
CHAIRMAN STRAIN: Michelle, if we were to suggest language
that said the following: Limit parcel 66 to all uses allowed except the
private school and day care centers, would that be appropriate
language or at least close to language you could wordsmith to be
appropriate?
MS. MOSCA: Yes.
This might also be a good time to bring up an additional use,
which was proposed by the agent, which staff in fact does not object
to. This is also I believe in your executive summary. And that would
be medical offices associated with the David Lawrence Center.
CHAIRMAN STRAIN: Right. Okay, are there any other
questions of --
COMMISSIONER SCHIFFER: I just have a question. Are we
intending to limit -- 66 is the one furthest to the east, correct?
CHAIRMAN STRAIN: Yes.
COMMISSIONER SCHIFFER: So what we're saying, we don't
want a private school on 66?
CHAIRMAN STRAIN: Or day care.
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COMMISSIONER SCHIFFER: Or day care. I mean, what would
be wrong with a school for autistic kids? What would be the -- why
are we eliminating that?
CHAIRMAN STRAIN: My thought would be that there's plenty
of room on the remainder of the campus to put those kind of uses.
There's already a day care or a private school or something going on at
the church. The more you put those intense uses closer to residential,
the more disruption to residential that would be when they weren't
even supposed to be there in the first place. Because this was supposed
to be residential, not conditional use, not GMP amendment change.
So in order to give them something to work with, that's where I
was going. At least that minimizes the noise and congestion impact to
the adjoining neighborhood.
COMMISSIONER SCHIFFER: And these are residents that live
on Golden Gate Parkway.
CHAIRMAN STRAIN: There's a lot of them along Golden Gate
Parkway.
COMMISSIONER SCHIFFER: I mean, I think we should give
David Lawrence every opportunity to do whatever they want to do.
MR. YOV ANOVICH: And again, I'd point out we did have a
neighborhood information meeting and there was no objections from
the neighbors to any of these uses, as long as they were related to the
church or the David Lawrence Center. They were very -- they did not
want another entity to come in and develop either one of those uses on
that five-acre piece. They were comfortable with the church doing
either of those two uses or the David Lawrence Center doing either of
those two uses.
So again, we would like to not have that restriction, because it
was not objectionable to the neighbors.
CHAIRMAN STRAIN: Okay. Are there any other questions of
staff or the applicant?
(No response.)
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CHAIRMAN STRAIN: Are there any public speakers, David?
MR. WEEKS: No, sir.
CHAIRMAN STRAIN: Anything that you want to add at all? Or
Mr. Vigliotti, you had something?
COMMISSIONER VIGLIOTTI: I'd like to make a motion.
CHAIRMAN STRAIN: Well, let me close the public hearing
first.
David, did you have anything else you wanted to add to it?
MR. WEEKS: I was just going to make the one comment and
that's that if this is ultimately approved, then your next step would be
either a PUD zoning or conditional use for the property. And at that
time of course you evaluate the very specifics of the site.
And the concern for what types of uses would go on that easterly
most track could be addressed at that time, as well as appropriate
limitations to ensure the integration of that use with the remainder of
the campus.
As an example, perhaps limiting signage and/or requiring
vehicular interconnection and maybe even prohibiting access on the
Parkway. But those types ofthings could be addressed at the
conditional use stage to make sure that that's easily tracked and its use
does in fact function as part of the campus overall and not an
independent use.
CHAIRMAN STRAIN: All right, thank you, sir.
With that, we'll close the public hearing and entertain a motion.
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I'd like to make a motion for
recommendation. And I think at this point they need all the flexibility
they can. We're going to get another bite at the apple, they're going to
come back, and at that point we'll have the ability to change anything
or adjust it as need be. But for now I think we should give them all the
ability they can to make this as good a project as possibility.
COMMISSIONER ADELSTEIN: I'll second the motion.
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COMMISSIONER SCHIFFER: I'll second.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: I was seconding. I'm sorry.
CHAIRMAN STRAIN: Mr. Vigliotti made the motion, Mr.
Schiffer (sic) seconded the motion. Now, discussion.
I think my position simply is going to be the Golden Gate Master
Plan had laid out what could and couldn't be done. There had been --
the one before this one and this one in particular and there are others
today that have come forward with reasonable changes. And where
they've been unreasonable, we've tweaked them. We just did that very
clearly on the one previous to this, just on the premise that maybe the
terminology could be taken wrong. And because of that, we've struck
the terminology so that we ended up with a pure medical and clinical.
This one, if David Lawrence wants to use it, that's fine. But
private schools and day care centers are not bad things, but in some
locations, especially when the neighborhood only expected them to be
residential, could create more disruption than needed when they've got
a large campus where they could put these uses on.
So I'm going to be voting no on the motion.
Any other -- Mr. Midney, Ms. Caron, then Mr. Schiffer.
COMMISSIONER MIDNEY: I'm wondering if maybe the
motion maker and the seconder would agree to what Mark had said,
that just on that one parcel that they not put a private school or a day
care center.
CHAIRMAN STRAIN: Do you want to hear from the rest of the
board first?
COMMISSIONER VIGLIOTTI: Yeah, I'd like to hear some
more input, if! can.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Well, I have a question. Is the
language then that we would be voting on Page 6 of our packet?
CHAIRMAN STRAIN: Well, it would be--
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COMMISSIONER CARON: Is part of it on Page 6? I'm trying to
get to the list of permitted --
CHAIRMAN STRAIN: Yes, it would be Page 6 with staff
recommendation changed to reflect that tract 66 -- well, first of all, the
other references to the tracts in the staff recommendation I didn't hear
addressed. So basically staffs recommendation would not be part of
the motion.
What I'm suggesting we add to the motion, a limitation to parcel
66 only. The rest of the staffs recommendation I'm not suggesting we
move forward with that. Just parcel 66. Because the rest of the uses
that are there are there already. So that was what my suggestion was.
COMMISSIONER CARON: I think you're correct.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah. One thing, Mark, is I had
brought a question up, Margie did some research. There is a way we
can divide a motion where we move on the issue and then we could
divide the motion to just carry whether Item E and F go forward. That
way you won't have to vote against it and only that element of it
would be addressed on the divided motion.
CHAIRMAN STRAIN: But see, the way I look at it is my ability
to vote for this is contingent upon that issue. So I can't make a
decision to vote for it if we separate them out. But if you -- I mean, if
you -- okay?
COMMISSIONER VIGLIOTTI: I'd like to hear from the
petitioner. I believe he's --
MR. YOV ANOVICH: The giving up the private school on that
parcel, although we don't want to, we can. The day care is something
we want to be able to have. The uses on the main --I'll call it the main
campus for now, all those buildings are basically spoken for. Ifwe
were going to -- if we're going to provide the day care for children, it
would probably be on lot 66. And we need to have that flexibility.
The private school, although we don't want to give it up, we
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certainly would -- it's not an issue that we're going to, you know, stick
to if we don't -- if it's going to affect the outcome.
CHAIRMAN STRAIN: Ms. Caron, then Mr. Murray.
COMMISSIONER CARON: I thought you already had day care
on the campus site. You do not?
MR. YOV ANOVICH: No.
MR. SCHIMMEL: No. And we have -- David Schimmel again.
I'm sorry.
And we don't have immediate plans for that building for day care
either. But when you're the primary provider of mental health services
in the community, we could have an opportunity to develop some type
of a day program for kids who suffer from severe mental illnesses. So
I would hate to give that opportunity up, even though I don't have any
intention of doing that right now.
Private schools is not a business we're in. I mean, we don't
operate private schools, so I really don't have a problem with
restricting the private schooling.
CHAIRMAN STRAIN: Mr. Murray, then Mr. Midney.
COMMISSIONER MURRAY: Do you have -- sir, do you have
currently a license for day care?
MR. SCHIMMEL: We do at another site on Santa Barbara.
COMMISSIONER MURRAY: Would that license apply to this
site? Does it --
MR. SCHIMMEL: No, I don't think so.
COMMISSIONER MURRAY: So you'd have to obtain another
license?
MR. SCHIMMEL: Yes. The --
COMMISSIONER MURRAY: That's another hurdle.
MR. SCHIMMEL: The day care we operate on Santa Barbara is
a day care, a typical day care. Anything that we would do on this site
would be related to our mission of providing services for children and
adults who suffer from mental illness.
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COMMISSIONER MURRAY: Does the church have a license to
provide day care?
MR. SCHIMMEL: I couldn't tell you if the church--
COMMISSIONER MURRAY: Well, I'm trying to understand
the rudiments of this, because it's speaking for both entities. It's an
advocation to have something for both entities. You've indicated that it
would be nice for one, you don't care about the other. You're not
familiar with what the church wants?
MR. SCHIMMEL: I don't think the church currently is operating
a day care. I can't be 100 percent sure of that, but I don't think they're
operating a day care.
COMMISSIONER MURRA Y: Do we have any indication that
they wish to operate a day care?
MR. SCHIMMEL: I don't, no, sir.
MR. YOV ANOVICH: And the difference being we own parcel
66, we being the David Lawrence Center. So we can agree to a
limitation on parcel 66. We can't agree to a limitation on the church
parce I.
COMMISSIONER MURRAY: I can appreciate that.
MR. YOV ANOVICH: But we can agree to no --
COMMISSIONER MURRAY: You could modifY your motion.
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: Yeah, it seems to me that if they
eliminate the private school on parcel 66 and limit the private day care
to only mentally ill children, that it wouldn't be that intrusive to the
community. Because it's not like a big day care where there's going to
be lots of people going in and out.
CHAIRMAN STRAIN: A long time ago we had a church in the
north part of Golden Gate Estates come into this committee and
looking to expand a day care. Actually, they wanted to start a day care
because their conditional use didn't have it allowed at that point.
We went through this -- this is years back. We went through this
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many, many times. The neighborhood came out very strong against
the day care. So it had to be severely limited to work a compromise.
And the reasons for that was that sound travels out in the Estates.
Sound travels in areas that are more non-urbanized than this is. And
when people living next door have to hear kids playing outside, that
may be a nice sound to a lot of people, but day in and day out it may
not be.
And I'm thinking certainly not restrict their ability to do day care,
but just on parcel 66. They have an existing campus in which they
could fit it in. It may not be in one of the buildings they have now, but
they could take the stuff that's in a building they have now, move it to
parcel 66 and then open that building up. Because the day care
wouldn't need to be that large.
So I didn't see the necessity to use day care next to a residential
in an area that was never supposed to have it to begin with. So that's
where I'm coming from, Paul.
Mr. Schiffer, did you have something else?
COMMISSIONER SCHIFFER: Yeah, I just -- I still want to fight
to see if we could keep the private schools. Because first of all, this is
a mental health institute. There are some -- you know, the statistics on
autism are shocking. So why would we want to take away the
potential for something that would be so unique in this community?
CHAIRMAN STRAIN: No one's taking it away, though, Brad.
We're -- just simply one parcel is all.
COMMISSIONER SCHIFFER: Right. But that's the only parcel
where it really makes sense. To build a private school on the other
parcels doesn't. You don't have the area for the playgrounds, you don't
have the area for everything. This is the only parcel that would make
sense on.
And we're going to review it when it comes before us. At that
time we can discuss buffers and sound and everything at the
appropriate time.
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November 26, 2007
So I think we should fight to keep those two uses on that site.
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: In response to that, Brad, the
school system already is providing services for autistic children. So it
wouldn't be that this would be the only way it could be done.
COMMISSIONER SCHIFFER: So there's too much? Oh, okay.
CHAIRMAN STRAIN: No, I think the gentleman even said
they're not intending to do a private school, so -- Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I'll amend my motion to pull off
private school and everything else will stand.
CHAIRMAN STRAIN: What about day care?
COMMISSIONER VIGLIOTTI: Day care stands. They have the
ability to do that.
CHAIRMAN STRAIN: Okay, the motion maker amended his
motion.
COMMISSIONER SCHIFFER: Yeah, I'll yank my second. The
private school means something. It's a shame to remove that potential.
COMMISSIONER MURRAY: I'll second it.
CHAIRMAN STRAIN: Motion maker amended his motion to
exclude private schools on parcel 66. The second declined to endorse
it. Mr. Murray has stepped in to be the second second, and he has
endorsed the new motion.
Any further discussion?
(No response.)
CHAIRMAN STRAIN: I'm still inclined not to vote for it. So
David?
MR. WEEKS: For clarification, please, then the motion would be
the language as it was transmitted, as is reflected on Page 5 and 6 of
your staff report.
CHAIRMAN STRAIN: Right.
MR. WEEKS: Which a question is, does that include item G,
which is what staff had indicated no objection to? And that is the
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medical offices associated with the David Lawrence Center.
CHAIRMAN STRAIN: I believe it did. I didn't see anybody
opposing that. Is that --
COMMISSIONER VIGLIOTTI: Yeah, that was part of it.
MR. WEEKS: Thank you.
CHAIRMAN STRAIN: That was affirmative.
The language that staff recommended, subjecting the parcels to
restrictions did not carry, with the exception of tract 66. The motion
maker accepted a restriction on private schools there and it was done
by the seconder as well.
Now, all those in favor ofthe motion as stated, signifY by saying
aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: All those opposed?
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER CARON: (Indicating.)
CHAIRMAN STRAIN: Three opposed. Motion carries 5-3.
We did it by one vote, Margie. Okay, thank you.
PETITION #CP-2005-9
Next item on today's agenda is Petition CP-2005-9. It's an
amendment to the future land use element map series, Corkscrew
Island Neighborhood Commercial Subdistrict. 70,000 square feet of
lower order retail.
Go ahead.
MR. ARNOLD: Good afternoon. I'm Wayne Arnold, Q. Grady
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Minor and Associates. I'm here with the property owner Bobbie
Williams and Rich Y ovanovich, representing the application for the
new comprehensive plan district.
You had previously heard the item, and we had originally
requested 90,000 square feet of C-2 and related retail and office uses
on the property. We have subsequently reduced that request by 20,000
square feet, 70,000 square feet. The item went forward to the Board of
County Commissioners and they voted 4-0 to transmit the item to the
Department of Community Affairs.
At the time we had no objections to the application at the BCC
transmittal hearing. We did have several neighbors in the audience
that were in support of the item, although they did not speak on the
record.
Mr. Williams I know has talked to other members in the
community, and as far as 1 know there is no opposition largely to this
project. And I think we still stand with our various meetings with the
neighborhood, the Corkscrew Island neighborhood association where
there was support for converting what is essentially four acres of
mobile home zoning to four acres of more commercial zoning,
keeping in mind that we are already a little over three acres of C-2
zoning on the property, and essentially the rear half of the property is
zoned mobile home.
We believe that the application to provide more commercial
opportunities in the eastern part of Collier County makes sense.
Going back and looking at my notes, I've reflected that some of the
opposition by the planning commission at the time was we got into
this debate about the East of 951 study.
And I think since that time, we've had further dialogue, and I
think that -- and maybe Rich can correct me if I don't speak it
properly, but I think there was an idea that the East of951 study was
going to be much more inclusive and more forthcoming with land use
recommendations with respect to commercial.
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November 26, 2007
It's my understanding that that's not essentially what that East of
951 study is going to accomplish, at least in the initial phases as it
moves forward.
But as it stands now, I think the East of 951 study would not be
expected to address the specifics of something like this. So to wait for
that would be meaningless to us, and we believe that the merits of
having four acres of more commercial adjacent to commercial zoning
so that we can make it a more viable commercial site makes sense.
Again, I think that we had reduced our square footage. And
again, we've worked with the community and we believe there's
support for this and believe that there's also support at least from the
county commission level to have transmitted this.
So we would urge you to I guess go against staffs recommendation
not to adopt and find a way to make a recommendation to the board
that they would adopt the plan amendment.
CHAIRMAN STRAIN: Questions of the applicant at this time?
COMMISSIONER MURRAY: Yes, sir.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: Maybe just a recitation of
information that you can tell me I'm right or wrong about.
As I recollect, the issue was it was not a neighborhood center to
begin with. It was not really at an intersection. Was larger. There was
a concern because of the curve about decel and capability to get in and
out. And it's a mobile home overlay that was there.
And the general thought was the community -- and there's a
wellfield issue, the Corkscrew Sanctuary not too far away. There was
a concern that I thought I remembered that this was changing the
character of the community. And I think I remember that although it
wasn't 100 percent, it was most of the folks out there were disinclined.
But it also -- I think our biggest problem was that we were
concerned about changing this to a neighborhood center. Am I on
target on most of those, if not all those?
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November 26, 2007
MR. ARNOLD: I would agree with you on some ofthe points,
but I think I would disagree with regard to the community support for
it. There was a vote of the neighborhood association of their group,
and I believe the vote was 22-4 to support the application as we
brought it forward with 90,000 square feet of commercial.
And I think the idea was that we would continue to work with
them through the zoning process where we converted the mobile home
to commercial to make sure we addressed buffers, the appropriate
types of uses that were there, keeping in mind C-2 commercial is
what's there presently on the front portion of the site.
And I think I recall Nick testifYing that there was adequate room
for us to put in a decellane and likely the access would be required to
be off of Platt Road and not off of Immokalee Road.
COMMISSIONER MURRAY: I recall that part of it, too. Just
that I remember, while I now have a recollection of what you said
about the numbers who supported it in writing, but I thought I
remembered that the people who spoke were more inclined to be
against it.
But however, I wanted to get clear in my mind where you were
going with this. And this reduction in overall usage, what is it that's
lost as a result of this? What was planned was one thing. What was
lost?
MR. ARNOLD: Well, I think not knowing the final end user.
And ifthere's more of an inclination toward lower parking generation
uses, you could achieve close to the 90,000 square feet. If you look at
something that's more neighborhood center when we look at the
70,000 square feet, we're a little bit less than 10,000 square feet per
acre.
When we come back in for the zoning and we get a more
finalized site plan, that number could even come down further. But it
wouldn't exceed 70,000. And we do have considerations for our septic
system and water management, things of that nature, with respect to
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dealing with not only environmental considerations but just pure
infrastructure issues.
COMMISSIONER MURRAY: So in other words, the plan is just
to develop it. You don't really have any view about what kind of
development you're looking for, no big Publix or --
MR. ARNOLD: No.
COMMISSIONER MURRAY: So maybe a small Sweet Bay or
something?
MR. ARNOLD: I think there's been an expressed interest by -- I
wouldn't say specifically on this site. I've talked to several people
looking at the area east of 951 and their needs for things like a
hardware store. Not a Lowe's and not a Home Depot, but more of a
real hardware store.
COMMISSIONER MURRAY: Ace.
MR. ARNOLD: Yeah, something of that nature that's -- the 25 to
30,000 square foot type box that would be that would be that type of
user as opposed to the 100,000 square foot user.
COMMISSIONER MURRAY: Thank you.
MR. ARNOLD: And there are other uses that fit that could be
community oriented. You know, could there be a restaurant? Perhaps.
I think that there is a market for that. Convenience store or something
that could serve daily needs I think as well.
But I really envision this to end up with probably several
buildings that make up and comprise the almost eight acres, and then
we could provide for adequate buffering and septic drain fields and
things as a buffer to some of the surrounding -- no immediate
neighbors. I think there's one neighbor that's adjacent to us, and he's a
trucking business out of his home. But other than that, we have no
immediate neighbors.
COMMISSIONER MURRAY: Have you any problem with
restricting heights of structures?
MR. ARNOLD: I think within reason we'd be happy to.
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COMMISSIONER MURRAY: Tell me what reason is.
MR. ARNOLD: Well, 1 think we would like the opportunity for
potential a two-story building, but beyond that I don't see a need for
something beyond two stories.
COMMISSIONER MURRAY: Those are my -- thank you for the
dialogue.
CHAIRMAN STRAIN: Are there any other questions?
(No response.)
CHAIRMAN STRAIN: Wayne, your language talks about C-2
uses. Do you have any problem restricting the property to just C-2
uses?
MR. ARNOLD: Would that include the potential for conditional
uses in C-2 as well, permitted and conditional? I don't have my list of
-- out of the LDC in front of me, Mr. Strain.
CHAIRMAN STRAIN: I mean, I think anything under C-2 uses
would be the -- see, what you're saying is -- let me read the language.
The purpose of this subdistrict is to provide neighborhood commercial
uses-retail office and personal services uses that are generally
consistent with those found in C-2, commercial convenient zoning
district.
I heard you just say a hardware store. And that I would think is a
C-3. So I didn't know that was in a C-2, unless it qualifies as
something of a personal service or convenience commercial.
If you're saying you're going to do C-2 -- on another page you
said you're going to -- services typically found in C-2. If it's C-2, it's
C-2. Let's not use the ambiguous terms. Because I know certain
attorneys that will argue that ambiguity means something more intense
than we ever intended.
MR. ARNOLD: Well, I think the only -- yeah, I won't even go to
speak to the retail. But I think from the office type uses that you find
in C-2, our districts are not very inclusive when it comes to the C-l,
C-2 when you start getting into the order of what I see as typical office
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type uses. You don't find them all in C-l. I mean, there's some general
references, but if you look purely at the SIC code for C-l, I'm not sure
that a lawyer's office, for instance, can be permitted there, or an
engineer and surveying office, because they're more of a personal
service use than they are strict C-l or C-2 use.
So I'm just saying, I think there needs to be a little flexibility in
that. I don't know all the retail uses in C-2. I have my LDC in my
other briefcase in my car and I'm happy to go and look at that in detail
to see what we might be conceding if we say that.
MR. WEEKS: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
MR. WEEKS: If I may, the language as transmitted by the board
does include a limitation that's paragraph D in their subdistrict that
uses, shall be limited to those permitted and conditional uses set forth
in the C- 2 zoning.
CHAIRMAN STRAIN: Okay. Then can we strike the words
generally up above under the paragraph, introductory paragraph,
second sentence?
MR. WEEKS: I'm sorry, I'm not seeing that. I'm looking at the
ordinance Exhibit A.
CHAIRMAN STRAIN: I'm looking at the staff report, Page 12.
COMMISSIONER MURRAY: Okay, that's different.
CHAIRMAN STRAIN: But I think I see what my problem is. It's
the old staff report.
COMMISSIONER CARON: Yeah.
COMMISSIONER MURRAY: Yes.
CHAIRMAN STRAIN: Okay. What page of the new staff report
is the language on, David?
MR. WEEKS: It's not there, Commissioner. It's only found in
Exhibit A behind the ordinance, which is -- this is being the third
petition, it's about half a dozen or so pages in. Behind the ordinance
tab.
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November 26, 2007
COMMISSIONER MURRAY: That's where it is.
MR. WEEKS: By way of explanation, the staff report only
contains language where staff is proposing revisions. Otherwise, we
would simply fall back to the ordinance language, which is what the
Board of County Commissioners approved at transmittal.
MR. ARNOLD: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
MR. ARNOLD: If I might, I think with the clarification that
David added, I think -- I consulted with Mr. Williams. He's fine living
with that language that would limit it to permitted and those
conditional uses. And again, you're going to see that when we come
back for the zoning for the entirety of this property.
CHAIRMAN STRAIN: Okay, that would work.
COMMISSIONER SCHIFFER: Question, Mark.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER SCHIFFER: Is Page 12 the page we should
be looking on?
CHAIRMAN STRAIN: No, turns out it's page -- Exhibit A of the
ordinance section.
All those documents that were reissued to us apparently were just
copies of what we got during the transmittal, and the revised language
was in the back of the ordinance book.
MR. WEEKS: Right. What we provided to you is the applicant's
original application, as they were originally requesting, and then we
also provided you the staff report from the transmittal hearing, to give
you the full analysis that staff made at that time.
COMMISSIONER SCHIFFER: Somebody give me -- how many
inches in is it?
CHAIRMAN STRAIN: It's under the third or fourth tab.
COMMISSIONER CARON: About a dozen pages in.
COMMISSIONER SCHIFFER: Only a dozen?
COMMISSIONER MURRAY: After the tab ordinance.
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MR. WEEKS: The ninth page behind the ordinance tab. The title
is Exhibit A and the upper right-hand corner is CP-2005-9.
CHAIRMAN STRAIN: Wayne, in the original transmittal
document there was a concern that the TIS did not include the analysis
typically provided in the GMP amendment application. Did that ever
get straightened out?
MR. ARNOLD: I think it did. I had a brief conversation with Mr.
Casalanguida out in the hallway and I believe that that has been
satisfied and that they understand they'll be seeing another traffic
analysis at the point we come back in for the zoning change, anyway.
I think it was well documented there were no capacity issues on this
portion of Immokalee Road for the level of commercial we were
seeking.
CHAIRMAN STRAIN: You've got no sewer or water capacity
from the county services. You're going to do your own on-site sewer
and water?
MR. ARNOLD: At the present time we do not have sewer and
water availability.
CHAIRMAN STRAIN: By the way, your comments about the
951 committee, I would agree with you, I didn't know they were
getting involved in other things, although I've heard some people tell
me they may be, so --
MR. WEEKS: Commissioners, I've placed on the visualizer the
language as it was transmitted. That might be helpful.
CHAIRMAN STRAIN: Okay. Are there any other questions of
staff -- or the applicant, I'm sorry -- on this issue?
(No response.)
CHAIRMAN STRAIN: Okay, how about staff? Thank you,
Wayne.
MR. ARNOLD: Thank you.
MR. SCHMIDT: All right, thank you. For the record, Corby
Schmidt with the Comprehensive Planning Department.
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Just to begin quickly, yes, those transportation issues were
worked out. I think you've heard some information about that during
your transmittal hearing from Nick.
The reason for the staffs recommendation for not transmitting
and for denial had a number of things to do with comprehensive plan.
And of course since the time of transmittal hearings we have backed
away from the statements regarding the East of 951 study as well.
Information given at that time had to do with the scope of that project
and so forth and not being necessari Iy premature, so those statements
were removed.
But in this case the market study identified needs in the area but
not necessarily at this location.
The scale of the project fell into a neighborhood commercial
development in the high range of size. The intersection with Platt
Road is a unpaved, dead-end roadway and access could be a problem
there.
The proposed expansion of Immokalee Road went only to a
certain point and had yet to be programmed for this segment.
Certain land uses weren't authorized and are not authorized in neutral
lands in the rural fringe mixed use district, and that being commercial
development, one of them.
The likelihood that a petition like this would lead to similar
requests was reminded.
Rural villages, picking up on the commercial uses, in the future
was a reason for not proposing new and unplanned uses at locations
like this. And that certainly the property was already viable for other
permitted uses.
With those reasons, the staff recommended against transmittal
and for denial.
And transmittal, you recommended to not transmit. And part of
your initial recommendation was to reduce from 90 to 70,000 square
feet for commercial area.
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You did have a speaker at the CCPC, and that person spoke in
opposition, talking about the characteristics of the neighborhood, the
wildlife in the area, and talking about the letter of opposition, or at
least group opposition from the civic association.
Since that time at the BCC the leader of that civic association
spoke and talked about the non-opposition to the expansion of the
commercial area. And that was taken as a vote by that Corkscrew
Island Civic Association.
The BCC did act to transmit, that's why you have it here in front
of you now, with no changes to the rationale.
The present recommendation from staff is certainly not to adopt.
CHAIRMAN STRAIN: Are there any questions of staff?
COMMISSIONER SCHIFFER: Just one.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: And David, if this was existing
zoning, would it be eligible for the density bonus if you were going to
take it in the residential for the spot zoning density bonus?
MR. WEEKS: No, because it's not within the urban area.
COMMISSIONER SCHIFFER: Okay, thank you.
CHAIRMAN STRAIN: Any other questions of staff?
COMMISSIONER MURRAY : Yeah, I just --
CHAIRMAN STRA1N: Ms. Caron, then Mr. Murray.
COMMISSIONER CARON: Did you just say that this was part
of neutral lands?
MR. SCHMIDT: That's correct.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Okay. You recited a whole bunch
of items, and you brought back a lot of my memory about -- none of
those things have changed for the comprehensive planning
department, have they?
MR. SCHMIDT: Other than backing off of the stronger
statements earlier about the East of951 study, that's correct, nothing
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else has changed.
COMMISSIONER MURRAY: Viable use is still possible,
neutral lands and all the other things.
Thank you for that.
CHAIRMAN STRAIN: Any other questions of staff?
(No response.)
CHAIRMAN STRAIN: I'd like to ask, since Nick has been so
nice to sit here all day, I can't wonder why he's here, but I'd certainly
like to ask him a question while he is.
MR. CASALANGUIDA: Good afternoon. For the record, Nick
Casalanguida.
I know you want to take a shot at me, Mark. Go for it. Let's go.
CHAIRMAN STRAIN: You wait till we get to number 15, Nick.
The location of this on that curve along Immokalee Road coming off
Platt, I looked at their traffic study, it was for ITE 820.
MR. CASALANGUIDA: That's correct.
CHAIRMAN STRAIN: Usually you look at the most intense use
when you do those ITE studies, or at least you claim to look at the
most intense use. I can't -- haven't seen one yet that applies that way,
but that statement was provided to us a long time ago.
How do you feel that fits with the C-2 uses that they're currently
requesting?
MR. CASALANGUIDA: There's plenty of capacity, he's correct.
Even if you up that by 30 percent, you'd have plenty of capacity on
that road. Access issues, as discussed, would not be off the primary --
it would be off Platt Road. We would not give them access off
Immokalee.
CHAIRMAN STRAIN: The speed limit on that corner is 55?
MR. CASALANGUIDA: I believe it is.
CHAIRMAN STRAIN: Yeah, it is. I was there Sunday--
Saturday.
So coming around that corner, is there any concern from a traffic
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point as far as traffic entering or leaving?
MR. CASALANGUIDA: They probably have to make
improvements to provide a turn lane so they could see and make sure
those site distance issues would be resolved as well, too. But that
would be handled at a conditional use or a site planning stage.
CHAIRMAN STRAIN: Okay. Anything else of Nick?
(No response.)
CHAIRMAN STRAIN: Thank you. Ijust wanted to understand.
Appreciate it.
MR. CASALANGUIDA: You're welcome.
CHAIRMAN STRAIN: Okay, are there any other questions of
staff or the applicant at this time?
(No response.)
CHAIRMAN STRAIN: Do we have any public speakers?
MR. WEEKS: No, sir.
CHAIRMAN STRAIN: Okay. With that we'll close the public
hearing and entertain a motion.
Don't all jump at once now. Mr. Midney, Mr. Kolflat. Mr.
Midney first.
COMMISSIONER MIDNEY: Okay, I make a motion that we
forward this petition to the Board of County Commissioners with a
recommendation of denial, as we did before.
CHAIRMAN STRAIN: Is there a second to the motion?
COMMISSIONER KOLFLA T: Was for denial?
COMMISSIONER MIDNEY: Denial.
COMMISSIONER KOLFLA T: I second.
CHAIRMAN STRAIN: Okay, motion made and seconded for
denial.
Any discussion?
(No response.)
CHAIRMAN STRAIN: All those in favor, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
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November 26, 2007
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
CHAIRMAN STRAIN: Anybody opposed?
COMMISSIONER VIGLIOTTI: (Indicating.)
CHAIRMAN STRAIN: Motion carries.
THE COURT REPORTER: Mr. Vigliotti, were you opposed?
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: It was unanimous. Recommendation to
oppose.
David, you seem puzzled.
THE COURT REPORTER: I saw his hand go up after the
question to oppose.
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: Well, let's just do it again. The motion
was made for recommendation of denial. Motion was made by Mr.
Midney, seconded by Commissioner Kolflat.
All those in favor of the motion, signifY by raising your hand.
COMMISSIONER SCHIFFER: (Indicating.)
COMMISSIONER KOLFLAT: (Indicating.)
COMMISSIONER MIDNEY: (Indicating.)
CHAIRMAN STRAIN: (Indicating.)
COMMISSIONER CARON: (Indicating.)
COMMISSIONER ADELSTEIN: (Indicating.)
CHAIRMAN STRAIN: All those against the motion, signifY by
raising your hand.
(No response.)
COMMISSIONER VIGLIOTTI: (Indicating.)
CHAIRMAN STRAIN: Okay, so good catch. 7-1.
Mr. Vigliotti was the lone vote for non-denial.
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Thank you. Cherie', I'm watching the clock. About another half
hour would be okay?
THE COURT REPORTER: Yes, thank you.
CHAIRMAN STRAIN: I'm getting to our next item.
PETITION #CP-2005-13
The Petition CP-2005-13. Amendment to the Future Land Use
Element to create the Collier Boulevard community facility
subdistrict. And it's a -- it's also known as The Lord's Way, the church
and 368,000 square feet of church sponsored institutional and
residential uses, and up to 150 of 296 affordable work house market
rate housing. It's along 951.
MR. SCHMIDT: Just as a remainder, as the petitioner and the
agent step up, this was one of the items where there was a hand-out for
you earlier.
CHAIRMAN STRAIN: Thank you.
Okay, petitioner want to come up for a presentation?
MR. DUANE: Yes. For the record, Robert Duane from
Hole-Montes and Associates. I have Pastor Reverend David Mallory
with me representing First Assembly. I have Robert Price from TR
Transportation Consultants. And Bill Klohn, my client from MDG
Capital, is here.
I'll be very brief. There are two or three minor changes that have
appeared since this petition was before you last. One to address the
temporary use of nine trailers that have been relocated on the property
that will be used as temporary care units. That matter has been
discussed before the BCC and that has worked its way into your -- into
the proposed language.
We also have done some further site planning since we were
before you last, and we're reducing our first phase to 147 units,
because that's how many units we could fit in that phase of the project.
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November 26, 2007
So it's changing from 150 to 147. And then we're increasing the
number of market rates from 146 to 149.
Another component of our proposal, as Mr. Schmidt did indicate
to you, is to try to add some language in here allowing our second
phase -- you may recall, we agreed to limit our first phase when we
were before you last to 150 units, now 147 units, to allow that second
phase of 149 units if they are CWHIPP units or they're essential
service personnel, to allow those to be considered to go forward.
You will be seeing a zoning petition for this property in the
foreseeable future, probably early over the summer. My understanding
is that making this change to this language is something that
transportation staff can now support, knowing that they're going to get
another bite at the apple, since we're all using that word it seems like
today. He can speak for himself regarding that matter.
But our thought is if we're successful on our first phase with
CWHIPP for essential service personnel, we want to have the
opportunity as a public benefit to allow those units to go forward, even
though Davis Boulevard improvements may not be complete.
And that completes my presentation, unless you have any
questions of me.
Rob Price can be addressing any questions you have about traffic
agam.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Good afternoon, sir.
MR. DUANE: Good afternoon.
COMMISSIONER MURRAY: I'm looking at a document that
was passed out to us. This document, can you look up and see that
we're on the same page?
MR. DUANE: Okay, this is the one I have. It was from Corby
Schmidt to myself with a copy to David Weeks, and it was dated on
Tuesday, November 20th.
COMMISSIONER MURRAY: Mine says November 26th. And I
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November 26, 2007
hope it's the same. Corby can verifY that that's the same document if
it's so.
MR. SCHMIDT: It is the same.
COMMISSIONER MURRAY: Thank you.
Okay, let's refer to that then. The added -- mine is in blue, the
addition here, at least part of it. And it's toward the end of the
paragraph. And it says, unless the 149 units are designated as
community workforce housing innovation program -- project or are
available and offered first to persons involved in providing essential
services in Collier County. Tell me how that would work, please.
Offered first. There are a number of people who might be in essential
-- who are designated essential services personnel.
Does that mean that one family representative comes up and says
nah, never mind?
MR. DUANE: No, that isn't my understanding. We have a
sequence of various things that could occur here. First, the 150
CWHIPP units. And I think Mr. Klohn has spoke to you that he has
put a group together of a number of essential service providers,
hospital, sheriffs department, fire districts and the like, and he will
offer to those groups additional units, up to 150 initially, if we're not
successful with CWHIPP, or the additional 147 units, should we be
successful in having their group entertain wanting additional units.
And ifneither one of those people step up to the plate, we're
committed to construct I believe at 40 workforce housing units and 25
gap units as a minimum.
COMMISSIONER MURRAY: Be mindful, I'm not hostile to the
project. But I am asking what I think may be a legitimate question. If
I'm in error, you'll correct me.
MR. DUANE: Okay.
COMMISSIONER MURRAY: What I'm looking for is to
determine the methodology used so as to assure that the housing units
that were intended for essential services personnel be in fact made
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fully available to those persons.
Now, if you were going to tell me that the organization that
represents those, the -- if you will, the umbrella organization is
responsible to act on behalf of all of those other organizations and
they will perform that function, that would be something I would like
to see on the record, if! may.
MR. DUANE: Okay. Mr. Klohn, I think on the record I
represented that the umbrella group will have the opportunity to step
up to the plate on behalf of their member organization. And that's your
under -- and that is my client's understanding.
COMMISSIONER MURRAY: So we are reasonably assured
that those who need this housing, should this go forward, will in fact
be able to at least take a shot at it.
MR. DUANE: That is correct.
COMMISSIONER MURRAY: And if they decline, and ifthe
rest of them decline, then and only then would it be offered to another
person.
MR. DUANE: And that is correct.
And then the 140 or 149 units, if they were ostensibly market rate
housing, would have to be phased till the completion of Davis
Boulevard.
COMMISSIONER MURRAY: Okay, you've made that clear for
me. That was my question. Thank you.
CHAIRMAN STRAIN: Are there any other questions of the
applicant at this time?
COMMISSIONER SCHIFFER: I do, Mark.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: And the question is essential
services. So what we're going to do is discriminate against everybody
else who's not in essential services to give them first option on this?
Isn't that kind of a civil rights slippery slope?
MR. DUANE: I don't believe it is. But remember, CWHIPP is
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the grant application that we're trying to get from the State of Florida.
And we're hoping that that will be our initial funding for 150
affordable housing units which mayor may not be, you know,
available, depending upon whether the essential service personnel
want to step up to the plate. And if they don't want to step up to the
plate, then we've made another commitment, like I told Commissioner
Murray, to have a certain percentage as affordable and gap housing.
So we have really three tiers to our proposal.
COMMISSIONER SCHIFFER: All right.
CHAIRMAN STRAIN: Is that it, Brad?
MR. KLOHN: For the record, my name is Bill Klohn, with
MDG.
To clarifY essential services for your benefit, sir, this has been
adopted by the BCC for Collier County's definition of essential
services. It reads as follows: Those individuals employed in the
community as teachers, educators, other school district employees,
college -- community college and university employees, police and
fire personnel, health care personnel, skilled building trades personnel,
government employees, and employees associated with health, safety
and welfare agencies within the county.
If that helps to broaden.
COMMISSIONER SCHIFFER: Well, I knew the definition. I'm
just -- the concept of discrimination is what makes me wiggle about it.
But we can move on.
CHAIRMAN STRAIN: Did you have anything else, Brad?
COMMISSIONER SCHIFFER: No, that's it.
CHAIRMAN STRAIN: Okay. I'm not done with the applicant
yet, Corby.
MR. SCHMIDT: Fair enough.
CHAIRMAN STRAIN: Mr. Duane, you had a -- I don't know if
you saw the letter from the Division of Forestry about the prescribed
burns in the area. Did you guys take that into consideration, or do you
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have any disclosures or anything else that you're going to be doing
that will let people know that they might be inhaling a lot of smoke
while they're living there?
MR. DUANE: No. The site by and large is cleared with the
exception of our conservation area that comprises about 13 acres.
CHAIRMAN STRAIN: I know. But see, what happens is
according to this report they're going to be routinely using prescribed
fires in that area to clear.
Does that -- do you guys have any issues or concerns with that?
Does planning staff -- I'm going to ask you the same question when
you come up. I'm just wondering if it's been an issue with anybody
else. It's the first I'd seen it written like that, and it surprised me so I
thought I'd ask you about it.
If you got 120 camp sites there and 23 have been developed and
are occupied, and you're going to be eliminating those in three years.
MR. DUANE: 24 months.
CHAIRMAN STRAIN: 24 months. How are you going to do
that?
MR. DUANE: We're going to enter into a three-party agreement
with the church, MGD (sic) Capital and Collier County, which has
agreed to allow -- now nine of those trailers are all what remain to be
used on a temporary basis to house their individuals that are in needs
of care facilities, subject to approval of a site plan and/or subdivision
plat or both. So they're in the process right now of trying to get their
approvals.
But my understanding is based on the direction that was provided
by the board, they can continue to occupy those units on a temporary
basis for up to 24 months after the time we obtain our zoning.
Then those facilities are going to be replaced by up to 10
multi-family units to assist providing the church the services they
need.
CHAIRMAN STRAIN: Do you have -- is there some contractual
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November 26, 2007
agreement with the people living in those sites now that allows you to
force them out if they refuse?
MR. DUANE: I could not speak to that. The church has title to
all the trailers. They were subject to some grants that go back to some
period in time. It's just trying to find a place to occupy them until they
can get some of the other facilities up and running.
CHAIRMAN STRAIN: Staff points out that the agreements to
provide affordable and workforce housing to essential services
personnel is not on record.
Has that changed since the transmittal?
MR. DUANE: I believe we've made it part of the record today
and part of our other presentation we made in front of you.
CHAIRMAN STRAIN: I'll ask staff that. But I'm assuming the
language incorporates it strong enough so that that will force it into
actually happening.
The status of the agreement between Collier County essential
services personnel housing group and a housing developer establishing
the program linking the housing to the proper personnel and
constructing these residents is unknown.
Does anybody know how that little tool is going to be put in place?
MR. SCHMIDT: How it will be put in place? Well, it is one of
the -- sorry, Corby Schmidt for Planning Staff.
It is just one of the three options by which there would be
housing provided for essential services personnel.
And certainly the CWHIPP program was the first. The county
affordable housing density program would be the second choice. And
third, if neither of those programs' requirements could be met, there
would be some other arrangement. That's why it's not known at this
time. The status of that hasn't changed.
CHAIRMAN STRAIN: Okay. And I have one question about
your density. It might be more than one question by the time it's done.
On F of your future language, you have 296 affordable workforce and
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November 26, 2007
market rate housing units. On G you're talking about 192 non-related
church units. Are they two separate numbers or is one part of the
other?
MR. SCHMIDT: Thank you. Yes. In the --
CHAIRMAN STRAIN: Yes. That answers both of them. That
makes sense, Corby.
MR. SCHMIDT: There are two separate numbers. There's a
number of different calculations in front of you in one subdistrict.
There's calculations for entire density on the property. There's
calculations for those, minus the dwelling units they already have
rights to build. And I believe that was 57. There's calculations in there
for the number of church or non-church units and so forth.
But in the mix, yes, there's 296 total units not related to the
church units. And of them there's -- some ofthem will be affordable,
some of them will be work force, some of them will be market rate.
CHAIRMAN STRAIN: But there is an additional 192 units on
top ofthe 296?
MR. SCHMIDT: There is not.
CHAIRMAN STRAIN: That's what you've been trying to--
okay.
Go ahead, Ms. Caron?
COMMISSIONER CARON: Because in point of fact, the total
dwelling units on the property are 306.
MR. SCHMIDT: That is correct.
CHAIRMAN STRAIN: That's what I was trying to find out,
make sure we --
COMMISSIONER CARON: It's like could we --
CHAIRMAN STRAIN: Okay, that's all the questions I have.
Corby, you want to provide a presentation, or your answers to the
questions is all you wanted to do?
MR. SCHMIDT: Briefly, yes. Thank you.
CHAIRMAN STRAIN: There you go, answering yes to two
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November 26, 2007 I
questions.
MR. SCHMIDT: I don't mind making it easy for you.
The initial revisions that were brought as part of your staff report
this time, talking about the reduction in the number of trailers that are
on-site, identifYing a change in number there, the length of time they
would remain on the property has been reduced from five to two
years. And some of that language has changed to clarifY the floor area
for the institutional uses. There may have been, and there had been
confusion about the group quarters and the care units being part of
another calculation. So the clarification is there.
And today you heard the proposal, and I believe you saw it in an
e-mail earlier, and that is part of the handout to include from the
applicant another revision that would allow, if in Phase 2 those were
also CWHIPP or ESP homes, that the improvements to Davis
Boulevard would not be the waiting or the holding factor.
There was a question from earlier, I'm sorry, that -- regarding
prescribed burns in the area.
CHAIRMAN STRAIN: Right.
MR. SCHMIDT: This is a piece of property that had
development permission, a subdistrict already in place -- or I'm sorry,
a PUD. There will be another one.
The only concern would not be with the burns themselves but
because of the increase in density from one version to this that has
changed. Otherwise, those prescribed burns are usually to burn off the
fuel that would otherwise be there for wildfires. So they're not full
burns as you might be imagining an out-of-control kind of afternoon
situation.
CHAIRMAN STRAIN: Corby, you said something a minute ago
about ifthe CWHIPP funds were provided, the transportation issue
wouldn't apply. Can you elaborate on that?
MR. SCHMIDT: That's correct. In the handout version, that
small letter L, it was the planning commissioners, yourselves, who
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18
asked for that phasing ofthe project.
CHAIRMAN STRAIN: Right.
MR. SCHMIDT: And Davis Boulevard can only hold the
capacity until improvements are -- or I should say and its connecting
segments can only accommodate the capacity for about half ofthe
proposed development.
When the improvements have been made to Davis and the
capacity is there, then Phase 2 would be allowed. And what you have
on the handout and what was proposed by the applicant is that those
improvements to Davis not being the factor that would hold up Phase
2, if it was a CWHIPP project or if its housing was for the essential
services personnel.
CHAIRMAN STRAIN: So basically the entire development, if it
becomes a CWHIPP funded project, can go forward without --
irregardless of the traffic issues involving the Davis/951 interchange --
or intersection?
MR. SCHMIDT: That is what's being proposed, yes.
CHAIRMAN STRAIN: So we're back to almost nothing.
In your mind, what does the language, when it says -- and Mr. Murray
started -- got into this a bit, talks about the 296 affordable workforce
and market rate housing units, as they become available and will be
offered first to persons involving and in providing essential services.
By offering first, does that mean you can offer it in a market like
today where we don't have as much of a need for affordable housing
as we may have had a year ago, no one takes it so they can go market
rate on it?
MR. SCHMIDT: I'm sorry, we're talking apples and oranges in
one statement, Mr. Chairman.
Whether it's market rate or not isn't relevant. Whether it's part of
the CWHIPP program or offered to essential services personnel is
what's relevant. Because some of those units will be affordable, some
of them will be workforce rated, and some of those are market rate
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units.
CHAIRMAN STRAIN: Would you look at Item F in your text,
Exhibit A.
MR. SCHMIDT: Yes.
CHAIRMAN STRAIN: That's the one I was referring to.
MR. SCHMIDT: There were some discussions between myself
and the applicant over this. Because that third option for some other
yet to be agreed upon program for providing the housing is still out
there, what would be an acceptable program that provides the same
options and offerings as the CWHIPP program does?
And that program offers those homes first to those people for a
period of 15 years. And what we tried to do with this provision is
guarantee that that would be in place for 15 years, that those essential
services personnel would have those available throughout that time. It
has more to do with the 15 years than it does the first offerings.
CHAIRMAN STRAIN: Okay. That's what I was concerned
about. This locks it in for 15 years.
MR. SCHMIDT: It would.
CHAIRMAN STRAIN: Okay. I don't think I have any other
questions. Thank you. Anybody else?
COMMISSIONER SCHIFFER: Yeah, I do.
CHAIRMAN STRAIN: Ms. Caron? Then Mr. Schiffer.
COMMISSIONER CARON: Let me just ask a quick question
here.
So staff has no problem with the fact that three essential services
units are lost before this GMP amendment's ever gotten through. That
they've suddenly become market rate. They've been transferred. Just
because they can't seem to fit them in Phase 1, right? Isn't that what
that --
MR. SCHMIDT: I'm sorry, we may be losing three essential
services personnel housing, but they're picked up in the second phase,
regardless. Because they would be market rate homes in the second
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November 26,2007
phase.
It's a matter of delay, not a matter of loss. What you're losing is
the fact that they're available in Phase 1, not that they're not there at
all.
COMMISSIONER CARON: Okay.
MR. SCHMIDT: If Phase 2 is not related to essential services
personnel or part of the CWHIPP program, yes, you've lost three.
COMMISSIONER MURRA Y: Then and only then.
MR. SCHMIDT: Then you've lost three.
COMMISSIONER CARON: Okay.
CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Adelstein.
COMMISSIONER SCHIFFER: And I'm still having a little
trouble with the -- first of all, what is the CWHIPP program? Make
sure I understand. Twenty-five words or less.
MR. SCHMIDT: It's a State of Florida program that deals with
people who provide essential services.
And I'll let the agent answer the other 20 words of that.
MR. KLOHN: CWHIPP is some legislation sponsored by the late
Mike Davis. It stands for community workforce housing initiative
pilot program.
In the CWHIPP program, we have entered into a Memorandum
of Understanding with the Collier County Sheriffs Office, the Collier
County school system, Physicians Regional Hospital, NCH Hospital,
and the City of Naples. They are our public partners in the
public/private partnership comprising CWHIPP.
In the CWHIPP program those counties that win the grant receive
a $5 million trunch (sic) of money, if you will, to help buy down the
high cost of high cost counties. That's CWHIPP in a nutshell.
COMMISSIONER SCHIFFER: And these would be rental units?
Based on the fact that you're controlling them for 15 years, are they
rental?
MR. KLOHN: No, they're ownership units in the form ofa
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residential cooperative, and not rental units.
COMMISSIONER SCHIFFER: So the 15 years that it has to be
available means that if somebody was selling it they would have to
sell --
MR. KLOHN: That's correct.
COMMISSIONER SCHIFFER: -- to sell to somebody for
essential services.
And how does this kind of work? You have two people standing
in front of you; one of them is a carpenter, fits your description, one of
them works in a Laundromat. What happens, you deny the person in
the Laundromat, even though they're the same income and
everything?
MR. COHEN: The income criteria for CWHIPP is any employee
under 140 percent of average median income.
The definition of essential service personnel and those CWHIPP
occupants is essential services personnel.
COMMISSIONER SCHIFFER: And then Collier -- essentially
our average income is 60 thou, somewhere, 63 something --
MR. KLOHN: That's correct.
COMMISSIONER SCHIFFER: So this is like somebody making
$90,000 would be --
MR. KLOHN: Just over 89,000.
COMMISSIONER SCHIFFER: -- the occupants. Okay.
CHAIRMAN STRAIN: Mr. Adelstein, then Mr. Murray.
COMMISSIONER ADELSTEIN: Am I getting this straight, that
the fact is that no homes will be done on Davis Boulevard? Or will
there be homes built on Davis Boulevard?
MR. SCHMIDT: There's no construction on Davis itself. It's the
construction of Davis improvements that is a requirement that halts
construction on this site for a period of time. The traffic, that is the
matter there.
MR. WEEKS: The subject property lies south of Davis
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Boulevard, what is it, a mile or so?
COMMISSIONER MURRAY: Good mile or so.
MR. WEEKS: But the linkage is to the necessary traffic
improvements to Davis Boulevard that must occur before this total
project can be developed.
COMMISSIONER ADELSTEIN: Okay.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I'm going to try to jump in a little
bit and I'm going to get some help, I think, from Nick. Let me just--
I'm aware that there are other organizations that have joined this group
that are not yet -- they're not part of the initial CWHIPP program, but
they may be part of a second CWHIPP program, in which case the
essential services personnel numbers will be expanded. Anchor Health
is one ofthem, East Naples, North Naples Fire Departments, they're a
part of it.
The whole idea here is as opposed to punishing those who might
not be in government service or other service for the benefit of
mankind, it's instead to try to hold onto our society and make sure that
we always will have those people who provide those services.
And so what I'm attempting to say to help perhaps any
commissioner who might not be clear on it, that while, you know, this
is an effort to make something work, the government in Tallahassee is
going to decide whether or not the $5 million happens.
There's a very good chance of it. I believe the county
commissioners are behind that as well. But ifit doesn't work, then
there is at least an effort to try and provide essential services personnel
with homes. And that was the intent all along, to try and make that
happen.
And if I've said anything that helps commissioners understand a
bit more about the program, I'd be happy.
But I do have a question for Nick. The issue of the segment--
now, I recognize their desire and there's a balancing act here. You
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know, if they're essential, do we want to get them in there right away.
But what is the time frame for the Davis Boulevard segment?
Does that in any way coincide with their desires?
MR. CASALANGUIDA: It's still in design right now. And I
want to clarifY something I've discussed with county attorney's office
and with the applicant. We don't support the language where they're
exempt from concurrency. We can't do that. They're still subject to
concurrency.
What the initial discussion with the applicant was, was the first
phase would be consistent with Collier Boulevard. The second phase
would wait until Davis was complete, because that was the board's
direction.
What I've agreed with the applicant was that if they wished to
discuss this at the Board of County Commissioners with the PUD
process discussing CWHIPP, I don't have a problem with that, because
we're really doing a consistency review at compo planning.
So they're not exempt from concurrency. They're tying
themselves to the second phase of Davis and they want the ability to,
if they make it all CWHIPP, to be able to be exempt from that
restriction. I don't think the board will go with that.
Davis time frame is right now looking to go to 100 percent next
spring, go to construction sometime in the middle of summer or next
fall of next year, and it's a two-year project. So you're looking
somewhere around 2010. And I don't think the board wants additional
units, CWHIPP or not, to impact that link. But they would like the
ability to discuss that with the board.
COMMISSIONER MURRAY: And I could appreciate that.
Thank you.
MR. CASALANGUIDA: You're welcome.
COMMISSIONER MURRAY: Mr. Chairman.
CHAIRMAN STRAIN: Any other questions of applicant or of
staff at this time?
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November 26, 2007
(No response.)
CHAIRMAN STRAIN: Okay, David, do we have any public
speakers?
MR. WEEKS: No, sir.
CHAIRMAN STRAIN: With that, we'll close the public meeting
and entertain a motion.
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: First of all, I make a motion to
approve. I think it's a great project here. We're tying the private
developing community with the church and the county all working
together to give us workforce housing, which is fantastic. We've been
talking about workforce housing for a long time and it's nice to see a
project come before us.
COMMISSIONER MURRAY: Second.
CHAIRMAN STRAIN: Okay, motion made by Mr. Vigliotti,
seconded by Commissioner Murray.
Discussion?
David, do you need any clarifications on recommendations or
anything like that? I'm sure you do.
MR. WEEKS: Yes, sir.
MR. SCHMIDT: Yes, at least for my purposes, I will ask only
that the handout version of what you hadn't seen before in your
packets, is that included as part of your motion?
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: Motion maker indicated yes.
Does Mr. Murray?
COMMISSIONER MURRAY: Agreed.
CHAIRMAN STRAIN: Second agrees.
MR. SCHMIDT: I'm sorry, just a moment.
Mr. Chairman?
CHAIRMAN STRAIN: Yes.
MR. SCHMIDT: And to clarifY further, the other changes that
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November 26,2007
they -- as they appear in the staff report?
CHAIRMAN STRAIN: Mr. Motion Maker, there are other
changes referenced in the staff report. I'm assuming you meant those
to be included with the motion?
COMMISSIONER VIGLIOTTI: Yes--
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER VIGLIOTTI: -- included.
COMMISSIONER MURRAY: I'm just trying to think ifthere
was anything in there that creates a problem. I don't think so. That's
good. Second's good.
CHAIRMAN STRAIN: Okay, so the staff report is included.
Go ahead, Ms. Student?
MS. STUDENT-STIRLING: Thank you. Clarification. The
motion is to include the revised language in the handout?
CHAIRMAN STRAIN: Yes.
COMMISSIONER VIGLIOTTI: Yes.
MS. STUDENT-STIRLING: Okay. I just want to make sure. I
discussed this with Mr. Casalanguida, that this in no way is trying to
exempt them from concurrency.
COMMISSIONER MURRAY: Right.
COMMISSIONER VIGLIOTTI: Correct.
MS. STUDENT-STIRLING: So as long as that's the case, then--
CHAIRMAN STRAIN: Okay, is there any other comments?
(No response.)
CHAIRMAN STRAIN: Is staff now clear?
MR. WEEKS: Yes, sir, thank you.
CHAIRMAN STRAIN: Okay. Anybody on the commission need
anything further?
(No response.)
CHAIRMAN STRAIN: My comments, simply I will not support
it. I don't care if it's CWHIPP, I don't care what it is. The second phase
shouldn't go forward because Davis Boulevard is a disaster. And itr
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will be until it's finished. So I can't support the motion for approval.
COMMISSIONER MURRAY: May I just respond to that?
CHAIRMAN STRAIN: Sure. Go ahead, Mr. Murray.
COMMISSIONER MURRAY: I'm not sure that by suggesting
that, that it would go that way. I think it was clear to me anyway that
they wanted the opportunity to voice that desire. And okay, fine, you
don't want to support that. But if it were close enough in time, I would
think that it wouldn't be the worst thing.
And I think that the commissioners themselves will look at it as
critically as you are and as we are. But okay, I can appreciate you
want to decline.
CHAIRMAN STRAIN: Any other comments from the
commission?
(No response.)
CHAIRMAN STRAIN: Hearing none, call for the vote. All those
in favor, signifY by raising your hand and saying aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER MIDNEY: (Indicating.)
COMMISSIONER CARON: (Indicating.)
CHAIRMAN STRAIN: One, two, three, four in favor.
All those against, same sign.
COMMISSIONER KOLFLA T: (Indicating.)
COMMISSIONER SCHIFFER: (Indicating.)
CHAIRMAN STRAIN: (Indicating.)
COMMISSIONER ADELSTEIN: (Indicating.)
CHAIRMAN STRAIN: Four against.
Oh, Ms. Student leaves. All day long she's been waiting for a
question. This is an adoption hearing and I now have a question for
her and she walks out.
COMMISSIONER SCHIFFER: It's no recommendation.
CHAIRMAN STRAIN: Well, I just want to make sure we can do
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that with an LP A. So that may have a different connotation.
Cherie', let's take a 15-minute break, we'll be back here at 4:30 to
resume the vote on this issue.
(Recess.)
CHAIRMAN STRAIN: Okay, let's try to resume the meeting.
We've just got to find the county attorney. This is getting -- poor
Margie, she's sat here all day waiting for a question. Now that we have
one, she's disappeared twice.
Paul, did you see Margie out there anywhere?
COMMISSIONER MIDNEY: Yeah, she said that if--
CHAIRMAN STRAIN: Oh, here she is.
Well, Paul was going to comment on your legal analysis, Margie, but
we figure we can hear it directly from you.
MS. STUDENT-STIRLING: Thank you. The question was -- I
understand this was a motion in the affirmative, and it was a tie vote?
CHAIRMAN STRAIN: Correct.
MS. STUDENT-STIRLING: Okay, a tie vote does not carry the
day. And in this case, as I have advised, the special act requires that
there be five affirmative votes to carry a compo plan amendment for
adoption. So that would mean even ifthere were six planning
commissioners present, five of the six would have to vote to approve
it. Or if there were five present, all five would have to vote to approve
the amendment under the special act.
CHAIRMAN STRAIN: Okay. In order to move this forward, can
it be moved forward on a tie vote?
MS. STUDENT-STIRLING: No -- oh, I'm sorry, yes, it goes to
the board, but your recommendation shows that it's --
CHAIRMAN STRAIN: Well, there is no recommendation then.
MS. STUDENT-STIRLING: Yeah, there's no recommendation,
right. But it can still go to the board that way.
CHAIRMAN STRAIN: Okay. So we took a vote, it was a tie
vote, which ends up no recommendation on this particular GMP issue.
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Novemoer 2<t,td07
Does everybody --
MR. DUANE: Mr. Chairman, can I -- when you're finished, can I
make a suggestion?
CHAIRMAN STRAIN: Sure, go ahead.
MR. DUANE: Perhaps there was some confusion. Everyone on
this board except yourself approved the original proposal. I think
when we got discussing this language today, some felt comfortable
with it, some didn't.
If we can retrace our steps, I would suggest that you vote on
everything but this language and then take a second vote on this
language. And it may be 4-4, it may turn out different.
But again, what we wanted to do was be in the position to ask the
board that if for any reason Davis Boulevard falls down one year
behind or two years behind, ifI'm hamstrung by this language -- I
mean, I can fix it with a zoning change, propose some additional
mitigation. I have other options that I can address in the future that I
am precluded from enacting upon unless we adopt this language that
the staff handed out to you today.
I would just encourage you to -- we've come a long way with this
project. We think we have some unique benefits to offer the
community .
You are going to see this again later. I just want to preclude and
not get hamstrung by at least not having the flexibility.
And you can consider splitting your motion. I think it can avoid
some confusion for the BCC and at least get behind the amendment
that I think we all can support today.
CHAIRMAN STRAIN: First of all, I'm not in favor of splitting
the motion, because as I told Mr. Schiffer in prior attempts to split
motions, any motion I make is contingent upon the whole. And to
piece it up so that we can come in through the back door to get semi
approval to argue we have approval and then sort out another issue
politically to me is not a solution.
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November 26, 2007
And I don't care if it's two years, three years, 10 years or 20 years
that you're held up on Phase 2. If Davis is not refined, you shouldn't
go forward. That was the same position I had originally in transmittal
and it isn't changing today. It may for the rest.
At this point, though, I don't see any need to change the motion at
all based on what you've just suggested. I was thinking you were
going to suggest something else and that is eliminate the language
entirely. But if that's not the way you want to go, then I see no need to
change the motion.
MR. KLOHN: Bill Klohn, MDG.
I'm happy with eliminating that sentence that is troublesome, but
I didn't want -- and then I would discuss it at the BCC level. But I
thought it was fair and prudent that whatever we're thinking, my
goodness, we're going to tell the planning commission and the BCC
and not sneak around or tap dance.
If you're happy with deleting that one last sentence, I'm happy to
accept that and ask the BCC, and if they don't like it then I won't get
it. It's just something that I thought made sense.
CHAIRMAN STRAIN: Margie, such language going from here
to there with or without our consideration, what does that -- how does
that change anything in regards to it? Should it be reheard by us
because of the significance to the change at the BCC level, or should
the BCC entertain language that we have not really heard?
MS. STUDENT-STIRLING: Well, I think he's talking about--
and I want to make sure I'm clear on it before I give any opinion.
I think he's talking about taking it out here to gain favorable
recommendation from the planning commission and then bringing it
back up to the board.
I don't see a whole lot of difference between what happened just
now, you know, and doing that. Because it's still going to come back
up to the board. So I don't really see a whole -- to gain your approval
here because it's out and then bring it to the board, I don't see a whole
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November 26, 2007
lot of difference between it being in here and not having your approval
and having it still going to the board.
CHAIRMAN STRAIN: You might be better off just leaving it
with a tie vote.
David?
MR. WEEKS: I was just going to comment that either way the
executive summary going to the board is going to reflect your motion
and your vote. So whichever way that is, should you revote with the
language being removed, that will be reflected in the executive
summary, so the board will be aware of it.
Similarly, the language in the ordinance exhibit that goes to the
board, we always modifY to reflect the planning commission's
recommendation as well. It would no longer be staffs or the
applicant's, it will be yours.
CHAIRMAN STRAIN: Okay. Does the motion maker want to
change anything in regards to their motion?
COMMISSIONER VIGLIOTTI: No.
CHAIRMAN STRAIN: That's negative?
COMMISSIONER VIGLIOTTI: No, I do not.
CHAIRMAN STRAIN: Okay. With that then, we will leave it as
it lies. It fails recommendation of approval or denial, it's a 4-4 tie vote.
MR. KLOHN: Very good, thank you.
CHAIRMAN STRAIN: Thank you, sir.
Next item. Give me a minute to change books.
PETITION #CPSP-2005-14
Okay, this is a petition requesting amendment to Future Land
Use Element in North Belle Meade overlay map in the Future Land
Use Map series. It's CPSP-2005-14. And it's to redesignate the rural
fringe mixed use district sending lands to either neutral or receiving
lands.
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November 26, 2007
And this is a staff initiated amendment, so I'm assuming that it's
going to be staff making the presentation.
MR. WEEKS: Yes, sir. And I'm going to keep this brief.
Commissioners, what this amendment is all about is the provision in
the Future Land Use Element for these properties within the rural
fringe mixed use district that are designated as sending lands that abut
properties that are designated either neutral or receiving lands.
And the provision provides that the owner of those properties on
that border have the opportunity to submit data to the county that
shows that the designation as sending lands was not warranted back in
2002 when the property was so designated as sending lands.
You might recall, back at transmittal we were dealing with -- I
believe it was 96 parcels. That has been whittled down significantly
because county commission did not approve that many, they only
approved I think it was 20 properties. And between the time of
transmittal and now, eight parcel were withdrawn. So we're now down
to only 12 parcels.
There is a spreadsheet in your packet that identifies the
recommendations of just well, what was 20 properties. So you can see
what your recommendation was, the EAC and the Board of County
Commissioners.
For the 12 properties we're still dealing with today, all bodies,
staff, planning commission, EAC and Board of County
Commissioners, all supported the redesignated of those properties.
The ORC Report, objections, recommendations and comments report,
from the Department of Community Affairs did raise issue with two
sets of properties. One no longer applicable, those eight parcel were
withdrawn, and the other applicable to properties I'm going to place on
the visualizer now.
There are a total of eight parcels together comprising this request.
The Department of Community Affairs made an error in believing that
two additional properties to the south that are clearly vegetated -- and
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November 26, 2007
I'll put another aerial up. Two properties with an "X" through them
were part of the original request but were not approved for transmittal.
And in the ORC Report, the Department of Community Affairs
makes reference to an acreage figure that clearly included those two
parcels.
Nonetheless, there are about 3.7 acres of vegetated property, as
you can see, at the southeast corner of this aggregation of eight
properties that this department has recommended remain as sending
lands.
Staff is acquiescing to their position, and we are recommending
that with the exception of that 3.7 acres, all eight of these properties
and the balance, the other four to make a total of 12, be redesignated
as either receiving or neutral, whichever they're abutting.
The reason staffs doing that is we don't want to risk a
noncompliance finding over this 3.7 acres.
CHAIRMAN STRAIN: Okay. Thank you, David. This basically
remains the same in a lot of ways than what we had during transmittal
for planning commission's effort.
MR. WEEKS: The only difference is this 3.7 acres.
CHAIRMAN STRAIN: Right.
Any questions of staff?
(No response.)
CHAIRMAN STRAIN: Okay, any public speakers, David?
MR. WEEKS: No, sir.
CHAIRMAN STRAIN: Is there a rec -- we close the public
hearing. Is there any recommendation from the planning commission?
Mr. Schiffer?
COMMISSIONER SCHIFFER: I move that we forward a
recommendation to adopt as the staff describes in the
recommendation.
COMMISSIONER ADELSTEIN: I'll second that motion.
CHAIRMAN STRAIN: Motion has been made by Commissioner
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November 26, 2007
Schiffer, seconded by Commissioner Adelstein.
Any discussion?
(No response.)
CHAIRMAN STRAIN: My first question would be of staff, are
you clear on the motion?
MR. WEEKS : Yes, sir.
CHAIRMAN STRAIN: Okay, hearing none, any other
discussion?
(No response.)
CHAIRMAN STRAIN: Hearing none, all those in favor, signifY
by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 8-0.
That takes us to -- no, there's been a requested change. Nick has
suggested that he can hear his transportation element Item 2005-15
after 2006-4, because that's a public petition and there are people here
who could be on their way if we would get through this particular
petition.
So if there's no concern from the planning commission, we'll
move to 2006-4.
COMMISSIONER MURRAY: 4 or 14?
CHAIRMAN STRAIN: 2006-4. It's the very last one in the book.
COMMISSIONER MURRAY: Okay, got it.
CHAIRMAN STRAIN: Very last one. And that's presented by
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November 26, 2007
Mr. Arnold.
MR. ARNOLD: Good afternoon. Wayne Arnold for the record,
here representing the First Congregational Church of Naples.
And this is revisiting the transmittal that you previously did for
the item. It's approximately a 2.6-acre site located what essentially
would be the extension of Vale wood Drive on Immokalee Road, just
east of Oaks Boulevard.
And the request was to amend the Golden Gate Master Plan so
that there could be the opportunity to have a transitional conditional
use for a church on this tract 22.
You all unanimously recommended the transmittal of this, as did
the BCC. We're continuing to work with transportation staff on the
north-south road corridor, if you recall, that would sever a portion of
this property.
But again, there's no opposition to this. We think it makes sense.
Staff had supported this with some of the revised data and analysis
that we brought before you at your last hearing.
We have a fairly recent letter of support from the Oaks Neighborhood
Association, and we think that goes a long way toward moving this
forward.
I don't have a lot have to add, presuming that nothing has
changed since the last. I hope you would agree that this should be
adopted and recommend so to the board.
CHAIRMAN STRAIN: Just for the record, I received copies of
the recommendation from the Oaks Advisory Board. And I told them
-- I told the church I would pass those out at the meeting today.
And I have one, Cherie', for you, when you -- before this is all over.
Okay. Oh, thank you, Corby. I'll forget if -- appreciate it.
MR. ARNOLD: And just so it's clear, the letter that you have, I
think it's dated November the 7th of2007, it references the conditional
use. After your transmittal, staff did permit us to go ahead and submit
a conditional use application.
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There are some reasons the church wants to advance this. They
know they're taking a certain risk but we think a good one, that they
need to be moving forward with construction as soon as they possibly
can. So we're trying to coordinate the submittal of not only the
conditional use but soon to be the site development plan as well for
this, presuming it moves forward favorably.
CHAIRMAN STRAIN: If I remember, this was probably the
only one that had unanimous support previously by us --
MR. ARNOLD: I think so.
CHAIRMAN STRAIN: -- and BCC as well.
MR. ARNOLD: Yes, I think so.
CHAIRMAN STRAIN: Are there any questions of the applicant?
(No response.)
CHAIRMAN STRAIN: Do we have any staff presentation?
MR. SCHMIDT: I have that letter from advisory board as well.
Now that you have handouts, I will not need to read it into the record.
Otherwise, yes, this is one of items that came to you with unanimous
recommendations for approval along the way.
CHAIRMAN STRAIN: Okay, are there any public speakers,
David?
MR. WEEKS: No, sir.
CHAIRMAN STRAIN: Any further questions of staff or the
applicant?
(No response.)
CHAIRMAN STRAIN: Hearing none, we'll close the public
hearing. Is there a motion?
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I'll so move, make a
recommendation for approval and transmittal to the board.
COMMISSIONER ADELSTEIN: I'll second the motion.
CHAIRMAN STRAIN: Motion made by Mr. Vigliotti, seconded
by Commissioner Adelstein.
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~ove~ber ~~007
Any comment?
(No response.)
CHAIRMAN STRAIN: Hearing none, all those in favor, signifY
by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Any opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries.
MR. ARNOLD: Thank you all.
CHAIRMAN STRAIN: Thank you, gentlemen.
Nick, thank you for accommodating the church. They sat here all day
for five minutes. But hopefully it was worth it for them.
PETITION #CPSP-2005-15
Okay, the next one is Nick's test by fire. It's CPSP-2005-15. It's a
request for the transportation element for new policies introducing
thoroughfare corridor protection plans and associated ordinances.
And Nick is now planning director, or I'm assuming he's going to
-- as the applicant, or is staff going to do it?
MR. SCHMIDT: If it's all right with the Chair, we'd like to
reverse order and the staff go first.
CHAIRMAN STRAIN: Certainly.
MR. SCHMIDT: All right. A quick history on the motions that
preceded this and votes. This was one of those items that had been to
the Environmental Advisory Council. And their recommendation to
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transmittal was to do so, as was yours. I take that back, your
recommendation was not to transmit.
CHAIRMAN STRAIN: Boy, Nick's trained you well, hasn't he?
MR. SCHMIDT: Then the Board of County Commissioners did
recommend to transmit.
Upon transmittal, we did receive back the objections,
recommendations and comments report from the DCA. And the ORC
Report included a number of statements regarding why they were
objecting to this, including environmental concerns. I believe your
staff report includes those explanations. 1 may not need to go through
them again.
But the adoption version has been revised by staff once and then
a second time. And the second time is the handout that you received
earlier with the green print, based on verbal comments after the
written comments from the Department of Community Affairs. The
version you have in front of you with the green print is what is being
forwarded to you for your recommendation to adopt.
You can see the changes that were there in the staff report and
here as well. Additional language 3.5, not on your hand-out sheet, but
their -- additional language at the direction of DCA with their
assistance to ensure that the corridors are appropriately planned and
that the location of land uses and the direct -- and to direct
incompatible land uses away from the environmental sensitive
resources.
There was similar language in 3.6 ensuring that the protection of
natural resources and again directing incompatible land uses away
from the sensitive resources language going further, that there would
be standards and priorities, some already found in the conservation
and coastal management element, more in the capital improvement
element. And DCA said that's not enough. They were still concerned
about the environment. That is why you have the green language
going a step further.
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What was added to that? Whenever reduction of standards occurs
it shall be mitigated on-site when feasible through the appropriate
mechanisms, such as purchase of additional land or other means.
Then lowest on your sheet is what was taken away, the discussion of
the county board to modifY or eliminate the requirements or
environmental protections.
There was clarification added in that second full paragraph, this
policy is not applicable to the expansion of transportation facilities
and environmentally sensitive areas, as described in the rural land
stewardship area or the rural fringe mixed use district. And the
standards for environmental protection shall be maintained during the
acquisition or reservation of right-of-way.
That leaves nothing to question in the eyes of DCA and clarifies
all the environmental protections that were intended to be there the
first time.
CHAIRMAN STRAIN: Before we go to transportation staff, I
want to make sure there's no questions of comprehensive planning
staff.
(No response.)
CHAIRMAN STRAIN: I do.
The ORC Report goes to DCA, DCA comes back and the only
thing they're concerned about is protection of habitat for endangered
species. What about homeowners? What about people's properties that
are in line where corridors are arbitrarily placed? DCA had no concern
over that in regards to the language that was presented to them.
You gave us the ORC Report results. I was wondering, did the
ORC Report -- did DCA comment at all on people's personal property
in regards, or were they more simply concerned about the
environmental issues?
MR. SCHMIDT: None of their concerns had to do with the
properties that were not environmentally sensitive.
CHAIRMAN STRAIN: That's the state protecting its citizens.
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Thank you. I hate to do those commentaries, I know.
Go ahead, Brad.
COMMISSIONER SCHIFFER: Before Corby leaves, just a
quick -- in Policy 3.5, the intent is that within one year to prepare and
adopt. Is that enough time? And what process does that go through?
Does that come before us? Because --
MR. CASALANGUIDA: Yes.
COMMISSIONER SCHIFFER: -- if ever there was a planning
instrument, it's going to be these corridors.
MR. CASALANGUIDA: And I'd like to address some of the
comments, Commissioner Strain. When we spoke to DCA -- for the
record, Nick Casalanguida, Transportation.
They were very supportive of what we're trying to do. They
understood what West Palm Beach had done and the Center for Urban
Transportation Research recommended is to identifY these corridors,
map them out so people are well aware of what they're up against in
the future.
We went to the civic association meeting, to the EAC, they all
said the same thing. The biggest complaint we get is we don't know
where these roadways are or what these intersections look like and
how they affect our properties. And I don't want to get caught up in
the how -- or the -- the why is here, and I keep getting this backwards.
But to clarifY, this says you're going to come back with an
ordinance that defines what you're going to do. You're not going to --
this ordinance is going to be very comprehensive. It's going to be
vetted with comprehensive planning, zoning staff, the planning
commission and the Board of County Commissioners. It will go into
detail.
The concept is simple. Once you've gotten to the point where you
know where the road's going to be -- and that point is not at
long-range transportation plan stage, it's when you've done a maybe
30 percent design and you can map out that corridor, it's to let the
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people know where it is and say set back farther away.
It's also to say when you're at an intersection, and today's
intersection improvement -- and I'll use Collier and Immokalee as a
perfect example. Identifies an improvement that's going to handle for
the next for the next five or 10 years. But we've done planning 15, 20
years out for, say, another overpass in that area. And if we can put a
footprint down and tell the people in the future, don't build within this
footprint, we'll compensate you for it through the ordinance. We'll
figure out a way to do that. That's what the ordinance will do. If you
can't use your land, we'll pay you for it, we'll give you a credit, we'll
figure out what that process is.
But don't put a mall or a shopping center where there's going to
be an overpass in the future. And developers want to know that as well
as residential homeowners want to know that.
Policy 3.6 goes on, and we discussed with Bernard at DCA as
well. This concern was environmentally sensitive land. When we
looked at this, that the issue that we had, Commissioner Vigliotti,
where someone wanted to help us out with property and they couldn't
because they were being punished for it is exactly what this GMP
amendment talks about, is that when you're willing to work with the
county on certain donations of land or reservations of land through
Policy 3.6, there can be discretions that are made. Because through the
condemnation process you're doing the same thing. It's costing you
more money as taxpayers, as boards, and it's also affecting what's
going to be on the ground.
In other words, if you've got a buffer or a parking lot that's going
to be condemned anyway, right now the developer says condemn me.
I get punished if I give it to you. With this respect with 3.6 you can
take an agreement to the board and the board has the ability to say a
buffer can be from 20 to 10, a landscape buffer can be condensed and
we'll allow you the reduction of four parking spaces, and you've
probably saved the county hundreds of thousands of dollars of
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right-of-way acquisition.
Right now they have a hard time doing that under the current
laws that you have under the codes.
So policy 3.6 gives you that ability and Policy 3.5 says
intersections and roadways where you know where they are, map
them out, define them and restrict uses in those areas.
Commissioner Strain pointed out, well, how would you compensate
people for that? You'll have to do that through the ordinance. If for a
reason a homeowner can't build his property or develop his property
the way he wants to, whether it's a single-family home or a
commercial development, he will have to be compensated. And that
ordinance will be coming to you, so we'll make sure that that happens.
With that, I'll address any questions you have.
COMMISSIONER MURRAY: I had.
COMMISSIONER SCHIFFER: Well, let me--
CHAIRMAN STRAIN: Mr. Murray, then Mr. Schiffer, then Ms.
Caron.
COMMISSIONER MURRAY: Well, okay, I'm just going to say,
when I first came down here and got involved in this stuff, I asked the
question, show me the paper streets. And people looked at me, what
the hell are you talking about, paper streets? Where I came from, good
planning says you pattern in for your grid or for your major highways,
and they're commonly called paper streets, and that way everyone
knows that okay, maybe that person who has that property may feel
there's a diminution or a reduction in their value. But at least they
know where they are.
And the county has to find a way to facilitate movement because
we know that eventually, whether we like it or not, eventually you're
going to have people who need to go from points A to B, C, D, et
cetera.
So 1 fully appreciate where you're going with this. I recognize
people's property rights as being primal but not sacrosanct. So that's
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my view, my commentary.
MR. CASALANGUIDA: CUTR said the same thing. CUTR said
it's irresponsible planning not to define these corridors in detail.
What we do now with the long-range transportation plan is there
are lines on a map, and they're not defined. So when we bring an
ordinance forward or we bring a corridor on, we'll have to go to that
extra planning stage of hiring a designer to take us to a more critical
design stage so we know where that roadway is. And you'll get rid of
that problem by doing so.
COMMISSIONER MURRAY: Absolutely.
CHAIRMAN STRAIN: Mr. Schiffer, then Ms. Caron.
COMMISSIONER SCHIFFER: And Nick, back to my original
question on 3.5, do you think you can do that within a year? I mean, is
that --
MR. CASALANGUIDA: We have the West Palm Beach
ordinance that's very similar to what we want to model after, and I
think we'll take a draft and then take it through the commissions and
through the appropriate departments. I think we can do that within a
year.
COMMISSIONER SCHIFFER: Okay. And then in support of
what you're doing, I mean, I've worked in many communities, what
they call zoned right-of-ways, which are essentially what Bob's calling
paper, which is what you want.
And from a design standpoint, it really helps, because that means
you can position your project so that it wi11100k good, it will be
positioned properly in the future, rather than have a road running 10
feet off your front wall.
MR. CASALANGUIDA: Half the garages you see on the
Parkway, that's right up on the Parkway line.
COMMISSIONER SCHIFFER: Would this have prevented some
of the problems with the Vanderbilt Extension?
COMMISSIONER MURRAY: Absolutely.
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MR. CASALANGUIDA: It would have. Yes, it would.
COMMISSIONER SCHIFFER: Okay.
MR. CASALANGUIDA: And it would continue to, now that we
go to 30 percent.
And the comments we're received in the past eight months going
through the process is, don't put these on willy-nilly. Go through the
design process so you know where they are, so when you tell
somebody this is the new setback line, you're sure that that's going to
be where that new setback line is. And that's our goal.
COMMISSIONER SCHIFFER: And it can be debated way in the
future.
MR. CASALANGUIDA: And I would imagine it's going to have
to go through -- our ordinance will have to be a board adopted
corridor. It's not going to be something that staff just does arbitrarily.
It will probably have to -- if you'd like it to come to the planning
commission, I don't have a problem with that. We want to do our
homework on this.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, a comment that you just
made about the Vanderbilt Beach extension. I don't see how these
lines -- mapping this out would have prevented any problems there,
because you were working off of platted property that's already there
and platted. So why would you have avoided --
MR. CASALANGUIDA: You have a 75-foot rear setback right
now. You're behind 12th and 10th right now. If you would have
mapped out that corridor and defined it -- done a planning study and
said it's going to be 186 feet wide on center and said this will be the
future right-of-way line. If someone was to go put up a garage or a
shed in the back, they would have known the setback farther away
from that. Not diminishing the use of the land, they would have
known to put the garage in the right place.
So those rear lot lines would have been defined better so you
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knew where they were. And it helps -- homeowners have said that, we
put up garages next to what's going to be a highway. We still don't
qualifY to be taken out because we're not close enough. But if! had
known, I would have set back even farther away.
COMMISSIONER SCHIFFER: And Donna, let me follow up. I
think there --
CHAIRMAN STRAIN: Donna's not done yet, Brad. Let's let her
finish first.
COMMISSIONER CARON: Yeah, I'm not done, because I do
have another question here on Policy 3.6.
It sounds like we're talking out of both sides of our mouth here.
Because in the blue portion of this policy it says you can reduce,
modifY or eliminate. And then supposedly in the green portion in this
paragraph, you're taking that elimination right away from yourself.
MR. CASALANGUIDA: DCA's concern was specifically
environmental. And they wanted us to focus on the ability to try and
keep mitigation on site.
One discussion I had with Bernard was two points: In the first
part we clarified it's in the expansion of existing facilities. Because 3.6
only happens on roads where you're stuck. I'll give you an example:
On Immokalee Road or even Golden Gate and Wilson, at that corner
lot, that's an existing roadway grid right there. You can't go to a new
roadway grid.
Ifthere was a preserve right at the corner, if they had developed
the property and stuck the preserve right at the corner, I'm going to
condemn that preserve, regardless.
What the green had said below is where feasible you will try and
maintain that preserve on-site or buy some additional land adjacent to
it. And I explained to Bernard at DCA, sometimes that's not possible.
And he said, well, just put where feasible. I'd like you to still maintain
that.
And in discussions with environmental staff, having a 30- foot
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wide preserve that gets eliminated on 20, that preserve is not
functional anymore.
So in Policy 6.1.1 right now they talk about buying mitigation
lands off-site. So you could include that in your ordinance as well, too.
So there are ways around that.
Policy 3.6 is existing facilities only. And that was a big flag to
DCA, because their concern was this would be on new roads. No, it's
on existing roads where we're already constrained. You can't go any
farther. You can't expand the roadway, other than the network you
have right there.
CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Midney.
COMMISSIONER SCHIFFER: And Donna, the reason I think
the Orange Blossom is a good example, there were buildings that were
given permits 18 months, two years before that roadway was built that
would have to be removed. So that would avoid any kind of people
wasting their efforts on that.
CHAIRMAN STRAIN: Is that it, Brad?
COMMISSIONER SCHIFFER: That was the point, the
follow-up.
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: Yes, suppose you had -- there was
just an access road, a dirt road or, you know, very unimproved road.
And suppose they wanted to put a four-lane road through there. Would
that qualifY as an already existing road?
MR. CASALANGUlDA: I think if it's identified as a public road.
I think probably maybe that would be the key, if it's --
COMMISSIONER MIDNEY: What if it's private?
MR. CASALANGUIDA: I wouldn't think that would qualifY as
an existing facility.
COMMISSIONER MIDNEY: What ifit would be like an airport
access road that was limited to only people that were going in to work
on the airport? Would that be considered a road?
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MR. CASALANGUIDA: I think we'd have to have direction on
that, but I would say public facilities would be the ones that -- existing
public facilities. If it's a public road, then I think that would qualifY. If
it's private, it probably would not.
COMMISSIONER MIDNEY: Or limited access, it would not
qualifY?
MR. CASALANGUIDA: If it's public. I would probably draw
the line as public.
COMMISSIONER MIDNEY: And what if you had, say, a xeric
scrub preserve on both sides of a road and you would be destroying it
by putting this four-lane road through there and you couldn't mitigate
for it, you couldn't find a similar habitat somewhere else in the area,
then what would happen?
MR. CASALANGUIDA: Same process that happens when we
do four-lane roads now. You have to go through the Corps, South
Florida, any environmental permits that you would do right now.
Nothing would change. The way we permit roadway facilities would
not change.
See, this policy is internal to the county. It still does not have the
jurisdictional review of the district, the Corps and South Florida.
Would not allow them to make reductions, they would still permit us
like we would any other road.
COMMISSIONER MIDNEY: Does xeric scrub still go under the
Corps, even though it's not a wetland?
MR. CASALANGUIDA: I'm not sure about that.
Whatever permitting we do now would not change. So in other words,
this policy would not change the existing permitting process of public
roads right now.
COMMISSIONER MIDNEY: But in other words, it would allow
you to eliminate a preserve.
MR. CASALANGUIDA: Ifthere was a dedicated preserve that
you were going to condemn anyway against the public road, it would
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give you the ability to remove that. As this requires it, and DCA's
biggest concern was environmental, is you would try to mitigate
on-site if you could. And ifnot feasible, off-site.
COMMISSIONER MIDNEY: And what if you couldn't mitigate
off-site either?
MR. CASALANGUIDA: You would have the same issue with
condemnation. You condemn right now preserves. You pay more for
them than you would maybe under this scenario.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Just one question.
Don't you always have to mitigate, no matter what, if you --
MR. CASALANGUIDA: Yes, through any road projects, we
have to pay for mitigation. This doesn't change.
COMMISSIONER MIDNEY: But if--
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: Yeah, I'm sorry.
As an example, if you had a preserve site which contained the
only population of scrub jays in the county, you couldn't mitigate for
that, you'd have to go out of county, then what would you do?
MR. CASALANGUIDA: That's a tough scenario. I think --
COMMISSIONER MIDNEY: But it's true.
MR. CASALANGUIDA: Yeah. If --
COMMISSIONER MIDNEY: And there's actually a road being
contemplated to go through this place that I'm talking about which
right now is a one-lane unimproved dirt track.
MR. CASALANGUIDA: By the airport?
COMMISSIONER MIDNEY: Um-hum.
MR. CASALANGUIDA: Again, this policy does not change any
permitting we do right now, and it does not allow -- see, the board
doesn't review the permitting. This would not change any of the
permitting that's required or the mitigation that's required for any
roadway at all.
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COMMISSIONER MIDNEY: But if you at all designated it as a
future road corridor, then that would eliminate some of the barriers to
it, wouldn't it?
MR. CASALANGUIDA: It would not. The permitting does not
change at all by this policy. If it's a public existing road -- I mean, the
concept ofthis policy is primarily in the urban area or in areas where
you've got defined existing arterials and collectors that you have no
choice but to expand.
When you look at Wilson Boulevard and you look at Golden
Gate Boulevard to the east, I have no other place to go but that
existing roadway. I have Vanderbilt, which is a new roadway. But if I
have to widen that roadway, that existing roadway right now, I have
no choice but to expand out maybe 20 to 30 feet. And to say you can't
do that because of environmental habitat, you're sacrificing your
whole transportation network for that.
Now, DCA's concerns were similar to yours. They said make it a
priority. And that's why we've put that language in there that says in
the RLSA area in defined corridors that you know there are
environmental issues, be conscious of that. And we are. I mean, all of
our permitting processes go through those reviews.
COMMISSIONER MIDNEY: What about the State Road 82
extension where they're planning to go around the Immokalee Airport
through the panther habitat, there is no road there whatsoever at all,
but yet it's contemplated. Would this relate to that?
MR. CASALANGUIDA: No, sir, it would not. That's not an
existing facility. That would go through the brand new permitting
process of a new road.
COMMISSIONER MIDNEY: Thank you.
CHAIRMAN STRAIN: Any other questions?
(No response.)
CHAIRMAN STRAIN: Nick, it's my turn.
MR. CASALANGUIDA: Yes, sir.
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CHAIRMAN STRAIN: Policy 3.5. Let's start right from the top.
Number one, it says identifies in detail corridors necessary to develop
county roadway network shown on the county's long-range
transportation plan.
Yet the item down below where it says, for the purposes of this
policy protected thoroughfares shall include. And number two
concerns me, required corridors for right-of-way of alternative
transportation networks for which no center line has been established.
How does the in detail aspect of number one above qualifY number
two below?
MR. CASALANGUIDA: You would have to go through an in
detailed study to get that to be a part of this preservation network. IfI
do for instance the Wilson Boulevard extension or the Benfield Road
corridor study, before I could put that on a protected corridor I'd have
to take that to the next level.
CHAIRMAN STRAIN: But it says that the protected
thoroughfares shall include, number two, required corridors with no
center line that's been established. Well, if you haven't even
established a center line, how does that provide the detail you need in
which to establish the corridor?
MR. CASALANGUIDA: Well, in the first part it says identifY in
detail and provide process for (sic) advance for the reservation,
provide for an approval process by the board.
So I have to go through that process.
The second part just talks about which ones I would do. Talks
about new corridors. In other words, if I wanted to do my Benfield
Road, like you're talking about, I would do the corridor study that
gives me that rough footprint. I[J want to bring it into the corridor
preservation map, I'd have to go to the next level stage to do that.
I think that when we do the ordinance, you'll find that we'll have
to take each one of these in detail to the board for review. My
priorities would be intersections first, because that's where most of
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your conflict points are. Corridors that I have well defined I would
bring in. And ones that I could not define, I couldn't preserve.
CHAIRMAN STRAIN: Okay. I know that we're going to get to
an ordinance. I fully expect that this will probably pass, although I'm
not in favor of it.
Item number three, I still want to go through the record so that
everybody knows what we're buying. Limit the uses of land within the
required corridor.
Within a year you're going to list all the potential corridors that
you feel you need on some kind of plan that's going to go through
approval process. Are you buying all those the day you put them on
that plan?
MR. CASALANGUIDA: No, sir. And that's why I don't expect
to put a lot on day one. I think we're going to have an ordinance in
place --
THE COURT REPORTER: Would you slow down, please.
CHAIRMAN STRAIN: I'm setting the preced -- the tone, so I've
got to slow down, too. I already was told that. So it's your turn to slow
down.
MR. CASALANGUIDA: He's like a court attorney, he wants to
get me going, you know.
CHAIRMAN STRAIN: Oh, we're not even started then, Nick.
MR. CASALANGUIDA: I think when the ordinance comes
through you're going to find a process that's cumbersome and difficult
for staff to follow through. It's going to require us to do a lot of work
to get a property defined on that ordinance.
COMMISSIONER MURRAY: And it should.
MR. CASALANGUIDA: And it should. I agree with you.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: I'm sorry.
CHAIRMAN STRAIN: Thank you.
MR. CASALANGUIDA: So I think the ordinance will come
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forward and it will say you'll have to follow these processes. And if it
impacts a homeowner, you'll have to deal with that. And the details
will be in that ordinance.
I fully expect that ordinance to be very detailed and difficult, but
worthwhile for the county.
CHAIRMAN STRAIN: Okay. The corridors that are on this
ordinance, to whatever extent you minimize them on this particular
ordinance, you put them on there. The time frame to purchase those
properties that are on those corridors will start when?
MR. CASALANGUIDA: It would depend on how we draft the
ordinance. Some concepts were that they may get a tax credit for
donations. In other words, if they know that that land would be given
away, we could find a way to do that.
Some would be to recognize that they're reserved and if they ever
go to develop them, at that point in time the county would have a
certain amount of time to take action on that land so that the
homeowner could recoup.
One thought would be, Commissioner, would be if you've got a
50-foot reservation and that land is vacant. Right now that reservation
is not hurting the property. But if the homeowner says I now want to
develop my property and that 50 foot is hurting -- that reservation is
hurting the value of my property, you have to take action within a
certain amount of time to acquire that land or release me from doing
that.
CHAIRMAN STRAIN: Well, by limiting the uses of the land,
then if someone -- if you paste a quarter on a plan and someone's got a
home or a property that they own that they wanted to put on that piece
of property and now they go in for a building permit and they find out
they can't use a portion of it, whatever portion they were intending to
use, so when they go in for the building permit, that's the time you buy
the property?
MR. CASALANGUIDA: It would depend. If it's a single-family
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home, you are defining a new setback line. If they can still build the
single- family home, you are not impacting their ability to develop that
land. If they can no longer develop that land, then you are impacting
them and you would have to take action.
CHAIRMAN STRAIN: Yeah, but to have a plan that you start
putting corridors on where they don't exist today, you've
automatically, immediately, the day you put that plan on a piece of
paper, you've impacted their land, you've devalued it tremendously.
And you're not going -- and then you're going to purchase it after the
devaluation.
MR. CASALANGUIDA: No, sir. Because on Wilson, for
example, the day they found out that there was going to be a new road
out there, the land values went up --
COMMISSIONER SCHIFFER: Yeah.
MR. CASALANGUIDA: -- because they didn't have access to
those properties. So it depends on where the property is.
CHAIRMAN STRAIN: Well, let's talk Vanderbilt Beach
extension. How many property values do you think increased that
were being bisected by that extension?
MR. CASALANGUIDA: I think in day one the property values
went down that were there. But if a homeowner built a garage and he
could have still built that garage 20 feet farther away and he would
like to have, he would have done so. I've heard numerous comments
from residents that said that, ifl'd only known I wouldn't have built so
close to the new road.
CHAIRMAN STRAIN: By the way, you just said something that
I wanted to clarifY earlier. You said that there was a 75-foot rear yard
setback in Golden Gate Estates for that Vanderbilt Beach corridor.
MR. CASALANGUIDA: I believe it is 75 feet.
CHAIRMAN STRAIN: You're 100 percent right. But if you
remember nothing else about our conversation today, when you leave
here sometime, could you tell Joe Schmitt you know that to be true?
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That's 75 foot. No, it's an important point. If you don't mind --
MR. CASALANGUIDA: No, sir.
CHAIRMAN STRAIN: -- letting Mr. Schmitt know, I'd
appreciate it.
MR. CASALANGUIDA: No problem.
CHAIRMAN STRAIN: That's another whole issue.
Under your purposes for this policy, the protected thoroughfare
shall include the required corridors.
What is the basis for the requirement? How do you determine
what's required? I mean, right now there's a strong suspension that
Vanderbilt Beach extension is to service a development out east. Now,
of course everybody's going to run to deny that. But that road will
ultimately be used to offset traffic impacts on Immokalee Road so
development out east can move forward.
Even though they may say they don't directly want it, the impact
of it's going to be to relieve congestion on Immokalee Road, which
will free up more area for development.
So how do you determine required?
MR. CASALANGUIDA: My long-range transportation plan in
the model. I mean, the frustrating part about Vanderbilt Beach Road,
and I've been here three years, is people say we did it for the
developer.
We did it for the land use plan that's adopted by the board, the
future land use plan. Who develops out there I have no control over.
There is a population that's going to be grown based on development
based on the future land use map. You run than model, you need a
new road based on that. Not for one specific developer. That road will
be shared for the public, both sides.
CHAIRMAN STRAIN: Well, Nick, the idea of putting corridors
on a map is a good thing, because it lets people coming in to buy
know ahead of time what to expect and they can avoid it. I don't
disagree with you there.
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November 26, 2007
My concern is compensation for the people that are already there
and the properties that are already there that all of a sudden are going
to find a six-lane road going through their backyard. That's a huge
disruption to someone's life. I don't see in any of this where that's
being addressed. I know you keep saying we're going to develop a
plan to address it, but at the same time you're not going to buy these
corridors early because you don't have the money to do it. So how are
we being fair to the property owner?
MR. CASALANGUIDA: I would not put a corridor on the
preservation map, and I don't think the board would adopt a corridor
on the preservation map until we were close enough to start to act in
that corridor. And that's part of the ordinance that would go through
there.
The difficult part, the irony is you're told there's not enough
detail in the GMP amendment, but then when you do too much detail
in the GMP amendment you're told there's too much detail in there
that it should be in the ordinance.
And the ordinance will be comprehensive. And again I want to
stress, you're not going to put an intersection that's a preserved
intersection or a roadway until you've done your homework. And
when we draft the ordinance, we'll ask for your help and guidance to
say what that requirement will be.
CHAIRMAN STRAIN: Well, I fully expect that people are going
to hope that you follow through on everything you're going to say.
Because my concern is for the property owners that are going to be
burdened by these road systems. And they're burdened by them
because they're going to support developments far beyond theirs.
They're not going to help them in their backyard. And for that reason,
I'm very concerned about this ordinance.
So I'll leave it at that. I could belabor the point with you all day
long and no sense of going any further.
MR. CASALANGUIDA: I'm sympathetic to what you say. I
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November 26, 2007
understand. I agree.
CHAIRMAN STRAIN: Then do one thing for me. That thing
about Joe Schmitt, would you tell Joe about that 75 feet?
MR. CASALANGUIDA: I will.
CHAIRMAN STRAIN: Thank you.
Are there any other comments?
Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: Nick, 3.5, item three. Is the
intent of that that as you're planning these corridors to pull areas that
will be developed away from environmentally sensitive, or is it just
referring to within the required corridor?
MR. CASALANGUIDA: One of the thoughts was that when you
identifY a corridor, we don't want developments sticking their preserve
in the future roadway, because that's what they tend to do. And they
say, well, we'll put our preserve over there so that it will be purchased
by the Highway Department when they come through and widen the
road.
So when you define a corridor, you're going to say move away
incompatible land uses in that area. Don't put your preserve right next
to the road. So DCA was very strict in their recommendation to say
that.
COMMISSIONER SCHIFFER: And I kind of agree with you, I
think that you'll be under a lot of influence to pull corridors into
people's land, not to keep it away.
That's it.
CHAIRMAN STRAIN: Any other questions of either members
of staff at this point?
(No response.)
CHAIRMAN STRAIN: Do we have any public speakers, David?
MR. WEEKS: No, sir.
CHAIRMAN STRAIN: Okay, with that we'll close the public
hearing and entertain a motion.
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November 26, 2007
COMMISSIONER MURRAY: Motion to--
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: -- adopt the -- what is it we're on
-- 2005-15, as recommended, with modifications in this little piece of
paper we got dated November 26th, 2007.
CHAIRMAN STRAIN: Is there a second to the motion?
COMMISSIONER SCHIFFER: I'll second that.
CHAIRMAN STRAIN: Seconded by Commissioner Schiffer.
Staff, are you clear on the motion?
MR. WEEKS : Yes, sir.
CHAIRMAN STRAIN: Okay, are there -- any discussion?
(No response.)
CHAIRMAN STRAIN: My position's going to be the same as it
was in transmittal. This isn't needed.
All those in favor of the motion, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Any opposed?
(No response.)
CHAIRMAN STRAIN: All those opposed, same sign.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
Motion carries 5-3. Thank you very much, Nick. We look
forward to seeing the next round, I'm sure.
PETITION #CPSP-2005-16
Okay, next item on today's agenda is CPSP-2005-16. It's a
request for the change of the future land use map series for the
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November 26, 2007
proposed wellfields and ASR maps.
And presentation will be by staff.
MR. WEEKS: Commissioners, I made some reference to this
petition in my opening remarks.
Briefly, this amendment is regarding the wellhead protection
areas map and the Future Land Use Element. And I mentioned earlier
how this was not viewed by you at transmittal hearings. It's simply
coming to you at the adoption hearing today and then of course on to
the board.
The Environmental Advisory Council did review this on
November 7th, and they unanimously recommended approval for
adoption.
And in short, the wellhead protection map and the Future Land
Use Element depicts wellfields for the entire county that are beyond a
certain capacity, public wellfields, on an eight-and-a-halfby 11 map. I
would say that it is representative in the sense that you cannot tell a lot
of detail.
There are maps in the Land Development Code that do have
much greater detail, and further, we actually get down to the
individual zoning maps that depict where these wellfield boundaries
are at. And that's where the rubber hits the road in the sense of
regulatory impact.
This is the first step. And then the next step, if this is approved,
will be to amend the maps in the Land Development Code and the
individual zoning maps to show these new boundaries.
The Growth Management Plan and a couple of different
elements, conservation and coastal management element and the
natural groundwater and aquifer recharge sub-element requires the
county to go through a modeling exercise periodically.
Whenever well fields are newly created or expanded or modified
in some way, the modeling work is done to identifY any changes in the
boundaries of the protection zone that should be there. And it's based
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on technical information, technical data. That's what the report itself is
all about. And that's why Ray Smith is here, he's the pollution control
and prevention department director, to answer any questions you
might have about that report that's in your packet.
That forms the basis -- that report forms the basis for the map
amendment that's before you today.
COMMISSIONER MURRAY: I've got a question.
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: In this map, or on this map,
rather, there are areas that say areas of interest and it points to various
locations on there. Would you like mine?
MR. WEEKS: I have it, thank you.
COMMISSIONER MURRAY: See them?
MR. WEEKS: Yes, sir.
COMMISSIONER MURRAY: The areas of interest, I'm
fascinated, because I don't know what the impact of that is. I don't
know what the result of that is by putting that on there. Is that similar
to the road, the effort to do a paper street type of thing, or is that just
saying to the property owners in that area, look, we may make yours a
wellfield some day?
MR. WEEKS: I'm going to respond and ask Ray to correct me if
I misspeak.
I do believe it's as you stated, Mr. Murray, that these are areas
where the county is looking to either expand or place new wellfields.
And that is to put the public on notice that that's where new well --
COMMISSIONER MURRAY: So it's not unlike -- if that's true,
it's not unlike what we just did.
MR. SMITH: Hi. Ray Smith, director of pollution control for the
record.
There is some additional note that I'd like to make about that--
COMMISSIONER MURRAY: Please do.
MR. SMITH: -- is the wellfield protection zones specific to the
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November 26, 2007
Land Development Code are specific to those wells that are in the
surficial aquifer system, those wells that are not very deep and fall
within the lower Tamiami or the water table aquifer system.
There are wells identified as wells of interest that are from the --
that are deeper wells than the Hawthorne aquifer system that are not
plotted in this wellfield protection zone. Because -- just to give you a
little bit of background on that, because there's a real good confining
unit between the surficial aquifer system and a positive gradient
pushing up so no contamination can get down into those systems.
But they are identified here in addition to what Dave has identified.
COMMISSIONER MURRAY: So those are those areas.
MR. SMITH: Some of the --
COMMISSIONER MURRAY: I'm sorry?
MR. SMITH: Yes. And some ofthe areas also identifY ASR
wells.
COMMISSIONER MURRAY: So whether they be ASR or
surficial or below the surficial, those are areas of interest. And the
impact of that, in other words, what I'm trying to determine is by
stating them as areas of interest, that puts everybody on notice that
that may eventually become or what? What does it really do?
MR. SMITH: It may eventually become well fields or they're --
COMMISSIONER MURRAY: So that --
MR. SMITH: -- existing wells in the Hawthorne.
COMMISSIONER MURRAY: -- should it be on private
property, that means that those parcels may be ultimately occupied by
pumps?
MR. SCHMIDT: I'm not very specific to what the utilities
department does, but they are areas of interest.
COMMISSIONER MURRAY: Okay. That adequately answers
my question, I think. Thank you.
CHAIRMAN STRAIN: Any other questions of staff?
(No response.)
Page 13 7
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November 26, 2007
CHAIRMAN STRAIN: I have a follow-up question on that.
MR. SMITH: Sure.
CHAIRMAN STRAIN: You're using three-dimensional
computer models to determine the range of these wellfields?
MR. SMITH: Yes, sir.
CHAIRMAN STRAIN: Where do you get the data from for the
three-dimensional computer?
MR. SMITH: What we do is we contact each utility and speak to
their representative and ask them specific questions pertaining to, you
know, how many wells do you have, if there's additional wells we go
to remodeling, if their pumping rates change or the location of the --
and information regarding the location of the wells.
But to answer your question, Commissioner, we go directly to the
utilities and ask them and place that information into the model.
CHAIRMAN STRAIN: Where do they get their data from?
MR. SMITH: They get their data from their permits that are
issued by the South Florida Water Management District, or if they
have any engineering reports on those wells, they'll use that
information.
CHAIRMAN STRAIN: So like an Ave Maria on your new map,
it has a really radical shape to it, it's like a giant bird's wing going out
north. What decided where the outside boundaries of that wellfield
were?
MR. SMITH: Well, if you take a look -- if you take a look to the
west, because our eye caught that also, you have the Corkscrew
swamp area, which is a large recharge area, which the wells are
drawing from.
CHAIRMAN STRAIN: Right. Well, the data it seems -- the
reason I'm asking this is I'm trying to see where on here you've got
new wellfields. It seems like the data is generated by existing
well fields for this map.
MR. SMITH: The -- where we have new well fields is obviously
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November 26, 2007
the Ave Maria wellfield. That's a new wellfield.
CHAIRMAN STRAIN: Is it existing?
MR. SMITH: It is existing, but through this process we've
remodeled it. We're taking it through this process, and then we'll bring
it through the LDC.
If you were taking a look at the LDC 3.06 under groundwater
protection, you would not see this as an adopted wellfield. Through
this process I'm going to be -- we're going to be getting to that point. If
approved by the board and with the Growth Management Plan
amendment, then to -- and DCA, would then take it through the LDC
process and have that amended.
CHAIRMAN STRAIN: There was some language that was
included in the modeling aspects, it was written in italicized print in
our document. And one of the paragraphs I found interesting, I want to
read it to you. It says, potential groundwater contaminants are as
numerous and as vary (sic) as the land use activities that produce
them. In addition, each contaminant behaves differently; i.e., bacteria,
dissolved solids, petroleum products, pesticides, fertilizers, septic or
sewage waste in the water system, in terms of its residence, time,
movement and other poor fluids.
It goes on a little bit past that. And reactivity to chemicals within
the aquifer system.
The reason I'm reading that is we recently had an aqua-farm or
aquaculture process come through here for approval. They were
digging a lake 20 feet deep in one of the wellfields. Ten feet of that
lake was over-dug. It was only needed to be a 10 foot deep lake,
according to the applicant. They went 20 feet. It was going to be the
collection area for the feces and whatever else would happen.
Well, obviously that produces a lot of nitrogen algae blooms,
which start chocking out oxygen in the water, and that has to then be
treated with chemicals to offset that.
This board voted that recommendation down, for different
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Ntvember 26, 2007
reasons, including the impacts on the wellfields.
I'm just wondering why it got so far with staff recommendations
of approval to us without considerations of that in mind, in reading
that language I saw here in this GMP amendment.
MR. SMITH: I can't answer that question. The only thing I can
answer pertaining to the Land Development Code is there are specific
requirements associated with storm water systems and excavation. And
if it fell within those criteria, it references specific ordinances that the
county needs to follow, et cetera.
CHAIRMAN STRAIN: Well, it also fell within a well field risk
area, which now I assume you are somewhat involved in.
MR. SMITH: Yes. In most cases -- my major role here is to go
through the remodeling process, provide that information and get it
approved through Growth Management Plan and Land Development
Code.
The Land Development Code then is used by the planners as they
review these specific land uses, and if they have any questions
pertaining to, say, an oddball usage, then they'll contact me and ask
for my input.
But they don't typically call the pollution control department
regarding that, because the Land Development Code language is very
clear and provides guidance.
CHAIRMAN STRAIN: Where I'm getting is where you're telling
me, we don't have anybody watching the store is what it sounds like.
You are only watching the store if you're asked and someone tells you
something is coming through. And if they don't happen to call you
because they think it's a necessity, you can't respond because you don't
know it's there.
MR. SMITH: I would disagree with that--
CHAIRMAN STRAIN: Okay, well--
MR. SMITH: -- sir, respectfully.
CHAIRMAN STRAIN: -- then why didn't you provide any input
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November 26, 2007
on this aquaculture farm, as an example?
MR. SMITH: I was simply not requested to provide that
information.
CHAIRMAN STRAIN: Then we're back to my original
statement.
But in your second paragraph of the staff report it says the
following: Section 3.06.0.0 of the Land Development Code contains
wellfield risk management special treatment overlay zone maps, maps
that are similar to but with greater detail than the map in the Future
Land Use Element.
What significance is it to have it as a special treatment overlay
zone map? What does that mean? What's the special treatment that
we're talking about; do we know?
MR. SMITH: Special treatment overlay zone are the wellfield
protection zones, the one-year, the two-year, the five-year and the
20-year protection zones.
CHAIRMAN STRAIN: Right.
MR. SMITH: And those are the special treatment overlay zones.
CHAIRMAN STRAIN: Well, but by special treatment, you
know we have an ST area designation in our Land Development Code.
Is that the reference to the ST area?
MR. WEEKS: It's similar. They're both special treatment.
What you're more familiar with I think is the special treatment that
indicates environmentally sensitive lands. This is special treatment
because it's in a wellfield protection zone.
CHAIRMAN STRAIN: Are you familiar with the discussion that
occurred here about a week ago in this meeting concerning permits
being issued in ST areas for wellfields that are not going through the
EAC or for other reasons staff --
MR. WEEKS: No.
CHAIRMAN STRAIN: -- decided they weren't worthy of the ST
scrutiny that was needed in the other ST type areas and they by policy
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November 26, 2007
differentiated those from typical ST's.
Now, the reason this is important is we've got a huge amount of
property in Golden Gate Estates, and now other areas by the map
you're showing, that have this ST area that are special treatment. And
on the zoning maps, they're actually ST-Wl, W2, W3, whatever.
MR. SMITH: Right.
CHAIRMAN STRAIN: The county attorney, Mr. Klatzkow,
questioned whether -- why we weren't treating these ST-Wl's like we
would treat an ST in any other area that was found on the map. And
staff came back and at our meeting and told us they don't look at the
ST in this area the same as they do in the others; it wasn't meant to be
the same.
I'm just trying to get to the answer of that by the reference I've
seen here today in this amendment. If these aren't special treatment
areas in the same sense as an S T, someone needs to correct that
reference and make sure it doesn't happen again. Because ST areas are
supposed to require EIS statements and they're supposed to require
appearance before the EAC, unless waived by staff.
Staff has refused to waive ST's in regards to well fields because
they don't believe the ST applies as it was intended to apply in the
LDC in the first place.
So I don't know how to get to the bottom of it, but this is a great
opportunity for someone to look into and try to get the departments
that are dealing with it, which is apparently comprehensive planning,
your department and Bill Lorenz's department coordinated on what
this ST means and how it should be treated in the future so we're
properly protected.
And the documentation you have here certainly highlights all
that.
Ms. Caron?
COMMISSIONER CARON: Well, I was just going to say, and
based on what I read in this document, the ST designation is certainly
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November 26, 2007
1 B \
warranted and certainly should be scrutinized the same way we
scrutinize all other ST's, if what I'm reading here can be taken.
MR. WEEKS: The distinction is -- I believe is that the special
treatment that the -- that is indicated on zoning such as A-ST as you
would see on a zoning map, that is indicative of environmentally
sensitive lands. And I believe it's based on soils data. But regardless,
it's based on environmentally sensitive lands.
These lands that are encompassed by the special treatment
wellfield zones, they could be completely cleared of all vegetation. It
could be a farm field, because it's not based on vegetation or habitat,
it's based on what's below the ground. And that is the proximity of this
site to a wellfield.
COMMISSIONER CARON: Which can make it even more
sensitive to human beings and should require maybe even more
scrutiny.
CHAIRMAN STRAIN: I think what there might be, though, is a
different distinction between environmental sensitivity. You're looking
at one type in vegetation and maybe another in ground water.
MR. SMITH: And just to give you an example, some of the
things that the ground water protection Land Development Code
requires is there's -- or looks at specifically are land uses such as solid
waste disposal facilities, solid waste transfer stations. I'll move down
the list. Nonresidential handling of hazardous products. And
nonresidential generating storing hazardous waste, existing or future.
Domestic wastewater treatment plants.
So we're not really talking, as Dave's indicated, the type of plants
and species of plants but we're talking land uses that are potential
pollutant sources that are either -- and there's very few that are
prohibited, but quite a few that require us to inspect on a regular basis
and ensure that they're operating and in compliance.
CHAIRMAN STRAIN: Okay, well, I think that I've certainly
made my point with David. And you guys, if you --
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November 26, 2007
MR. SMITH: Yes, sir.
CHAIRMAN STRAIN: -- could follow with Bill Lorenz, that
would really be helpful not to have another problem like we did have
occur again in the future.
Any other questions? Ms. Caron?
COMMISSIONER CARON: Yeah, in terms of when you were
saying Ave Maria is a new wellfield, are there any others?
MR. SMITH: No, ma'am. No new wellfields. Though there were
three others that were requested and are recommending modification
of. And the one is the Orangetree wellfield that in fact had two new
wells added to those, to that wellfield, which changed the
configuration of the model.
The number two is the FGU Way at Golden Gate, which
increased their pumping rates substantially, which changed the
modeling.
And finally, the Collier County Golden Gate pumping, which
increased the number of wells -- or excuse me, Collier County Golden
Gate wellfield, which increased the number of wells and also they
have greater pumping.
And again, that led to a change in their -- in the delineation of
their well field protection zones.
COMMISSIONER CARON: Where is that last one on the map?
MR. SMITH: The Collier County Golden Gate wellfield. Just
give me a second.
MR. WEEKS: Commissioners, on Page 14 ofthe report that's in
your packet. That page identifies all of the wellfields and their status
with the 2006 modeling, showing you where it's a new wellfield,
greater pumping, new wells, no change, et cetera. Page 14.
MR. SMITH: And if you take a look along the Golden Gate
Boulevard area, you'll notice that there's a designee, Collier County
utilities wellfield. That's in the Golden Gate area.
COMMISSIONER CARON: Thanks.
Page 144
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~ovember '6:-'2007
CHAIRMAN STRAIN: Okay, any other questions of staff?
(No response.)
CHAIRMAN STRAIN: I can see there can't be any public
participation, unless they're invisible here today.
With that we'll close the public hearing and entertain a motion.
Anybody have a motion? Anybody have a motion?
COMMISSIONER MURRAY: Move to adopt, as presented.
CHAIRMAN STRAIN: Mr. Murray made a motion, move to
adopt as presented.
Is there a second?
COMMISSIONER MIDNEY: I'll second.
CHAIRMAN STRAIN: Mr. Midney seconded.
Staff clear on the motion?
MR. WEEKS: Yes.
CHAIRMAN STRAIN: Okay. All those in favor, signifY by
saymg aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 7-0. Let the record show
Mr. Adelstein has left.
Thank you, sir.
With that, there's no old business listed.
Mr. Kolflat?
COMMISSIONER KOLFLA T: Our meeting on Wednesday, I
understand that starts at 8:30?
CHAIRMAN STRAIN: Yes, sir.
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November 26, 2007
COMMISSIONER KOLFLA T: And then does it quit at 1 :00
because we couldn't get the room? My records indicate it stops at
1:00.
CHAIRMAN STRAIN: I don't know that it quits at 1 :00. It
might. I don't remember --
COMMISSIONER MURRAY: I thought it was 11 :00, actually.
CHAIRMAN STRAIN: Well, I know we'll go as long as we can.
So I just don't know -- I don't think I even have a date in mind. I have
it down all day.
COMMISSIONER VIGLIOTTI: So do 1.
COMMISSIONER MURRAY: I got an e-mail from Sharon, who
gave me the information. That's what I'm relating to.
CHAIRMAN STRAIN : Well, let's just hope for the best, we'll
get through it and stay as long as we can. That's the best way to attack
those, because they sometimes get lengthy.
COMMISSIONER KOLFLA T: Well, I had a note we had to give
up the room at 1 :00 from Sharon.
CHAIRMAN STRAIN: I just don't know, Tor, right now, so
we'll just have to play it by ear. Ifwe can keep it longer and we're not
done, it would be to our benefit to finish that one up.
So anybody else?
(No response.)
CHAIRMAN STRAIN: Any new business?
(No response.)
CHAIRMAN STRAIN: Hearing none, call for an adjournment.
COMMISSIONER VIGLIOTTI: So moved.
CHAIRMAN STRAIN: Motion carries. We're adjourned.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5:36 p.m.
Page 146
Jv9m~er 21. ~o~
COLLIER COUNTY PLANNING COMMISSION
L/ cGeL /J '
Mark Str . n, Chairman
These minutes approved by the board on J;/'I'N \) C1 ~~as
presented 4 or as corrected. tJ
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
Page 147
161
1Bt)-
-~-:--L f';~--
l,3,cc-
AGENDA
COLLIER COUNTY CONTRACTORS' LICENSING BOARD
.'---........
DATE: WEDNESDAY - JANUARY 16. 2008
TIME: 1030 A.M.
COLLIER COUNTY DEVELOPMENT SERVICES CENTER
2500 N HORSESHOE DR, ROOM 609-610
NAPLES, f'L 34104
RECEIVED
JAN U 8 2008
)()d((j :>f County Commissioners
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE
PROCEEDINGS PERTAINING THERETO. AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTlMQNY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. __ II t.tt ,foYvY'
~ lala .--7"--'
I ROLL CALL Halas ~rl~------
H. ennlng~ -.--- ~.
II ADDITIONS OR DELETIONS: c~oyle _ o.l
""-/
III APPROVAL OF AGENDA: Coletta' _ -- . -------
IV. APPROVAL OF MINUTES
DATE December 19. 2007
V DISCUSSION
Peter Onfice - Scope of Carpentry license.
VI. NEW BUSINESS
Enk Bennett - Review of credit report
Luis A. Costa - Request to qualify a 2" entity.
Grant Jones - Co~testing citation.
R;goberto Guidicelll - ConteSting citation.
Art Duarte - Review of experience affidavits.
VI, OLD BUSiNESS:
VIII PUBLIC HEARINGS
Case #2008 -0 1
Paul L. Harmison
D/B/A Baysllores Aluminum Constr~ction, Inc.
IX. REPORTS:
x NEXT MEETING DATE:
WEDNESDAY FEBRUARY 20.2008
W. HARMAN TURNER BUILDING, 3RD FLOOR
(COMMISSIONERS MEETING ROOM)
3301 E. TAMIAMI TRAIL
NAPLES, FL 34104
(COURTHOUSE COMPLEX)
Misc. Corfes:
Date \ V-\: I ~) ;~
Item#:
-
J
to
16 JIB 3
February] 2, 2007
11 ~\,..--- c.. /W-
f iala .J,.d:L.:::UY--
",'" ~:
Henning,;, __
,:;oyle - .' - .
Coletta . --- - ----.----
MINUTES OF THE MEETING OF THE COLLIER COUNTY
EAST OF 951 INFRASTRUCTURE AND SERVICES
HORIZON STUDY PUBLIC P ARICIP A nON MASTER PLAN
COMMITTEE
.-.r-
.,u.
~\/ n
L'
Naples, Florida, February 12, 2007
~'lcV',',' " ,""
LET IT BE REMEMBERED, that the East of951 Infrastructure and
Services Horizon Study Public Participation Master Plan Committee in and
for the County of Collier, having conducted business herein, met on this date
at 7:00 p_m_ in REGULAR SESSION at the Collier County Agricultural
Extension Office, 14700 Immokalee Road, with the following members
present:
Chairman: Bill McDaniel
Linda Hartman (Vice Chairman)
Kris Van Lengen
Stephen Price (excused)
Richard Rice (excused)
Christian Spilker
Jeanne Alleman (absent)
Thomas Jones (excused)
Kenneth Lynch
Timothy Nance (excused)
Russell Priddy
Douglas Rankin
Clarence Tears
Mark T eaters (absent)
Michael Dedio
ALSO PRESENT: Mike Bosi, Community Planning & Redevelopment
Manager MIsc. Corres:
Date
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February 12,2007
The meeting was called to order by Chairman Bill McDaniel at 7:05 p.m. The
pledge of allegiance was recited.
I. Roll Call
A quorum was established.
II. Agenda
Ms. Hartman moved to approve the agenda. Second by Mr. Spilker.
Carried unanimously 8-0.
III. Approval of January 22, 2007 meeting minutes
Ms. Hartman moved to approve the minutes. Second by Mr. Lynch.
Carried unanimously 8-0.
IV. Preliminary questionnaire discussion
Chuck Mohlke, Fraser and Mohlke Associates, Inc. addressed the Committee
and reviewed the "Research Services Notebook" that was given to each Member.
Clarence Tears joined the meeting at 7: 12 p.m.
Chuck Mohlke reviewed the process of the study research as outlined in the
Notebook including the Research Methodologies, Questionnaire Development,
Horizon Study Background Analysis, Study Documentation and 2005 Collier
County Opinion Study_ His firm will propose that at a minimum the voters are
broken out by zip code. A sample plan will be demonstrate at the next meeting
with the representative voters broken down by zip codes. Several suggestions on
how to carry out the study and what it should include were given. A separate
questionnaire should be given for each subject matter. He suggested surveying
those that attend the public meetings in order to be able to survey available
persons.
Discussion ensued on questions to be included into the questionnaire with the
resolve that the choice of questions will be addressed at the next meeting.
Mr. Lynch moved to accept Mr. Mohlke's demonstrated methodology.
Second by Mr. Spilker. Motion carried 8-1 with Mr. Rankin opposed.
Mr. Mohlke will email a model of the questions in 10-12 working days.
Mr. Rankin suggested adding a question that gives a 4"' option of having only
water hydrants installed_
2
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3
February 12,2007
Discussion ensued on the time line for when the questionnaire will be sent out.
Mr. McDaniel requested that the Committee receive a copy of the contract with
Fraser and Mohlke Associates, Inc_
The questionnaire will need to be translated into Spanish and Creole.
V. Timing and specifics of I" Public Participation meeting
The Preliminary Public Participation Meeting on Utilities Presentation will be
April 9th at 7:00 p.m.
Mr. Priddy moved to have the public presentation meeting on April 9th at
7:00 p.m. at the Collier County Agricnltnral Extension Office, 14700
Immokalee Road. Second by Ms. Hartman.
Motion carried unanimously 9-0.
It was suggested staff give their presentation first, uninterrupted, then have
Committee questions and then the public participation.
It was also suggested to look into the ability to extend the meeting times in the
evenmg.
Growth rate of the area should be discussed with the COImty Staff after their
presentation.
It was suggested to advertise the April meeting in the same manner as the first
Horizon Meeting and to have Committee Members speak with personnel from
T.v. and Newspaper media, the government channel, road signs and through
Commissioner Coletta's emaillist.
Mr. McDaniel has already attempted contacting the media and agreed to continue
to do so and be the liaison.
Mr. McDaniel moved to utilize T.V. and Newspaper media, the government
channel, road signs and Commissioner Coletta's emaillist for advertising the
meeting. Second by Mr. Priddy. Motion carries unanimously 9-0.
Mr. Bosi agreed to check on the availability of signs to utilize for advertising and
potential locations of placement.
The March meeting was set for March 19th at 7:00 p_m_
VI. Public Comments - none
3
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18
3
February 12,2007
VII. Next Meeting Ma,'ch 19,2007
There being no fnrther bnsiness fOl' the good of the Connty, the meeting was
adjonrned by the ol'der of the ChaiJ- at 8:36 p.m.
COLLIER COUNTY EAST OF 951 INFRASTRUCTURE
AND SERVICES HORIZON STUDY PUBLIC
PARTICI ASTER PLAN COMMITTEE
These Minntes appl'oved by the Boal'd/Committee on
as presented '<. or as amended_.
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March 19, 2007
3
MINUTES OF THE MEETING OF THE COLLIER COUNTY
EAST OF 951 INFRASTRUCTURE AND SERVICES
HORIZON STUDY PUBLIC PARICIPA nON MASTER PLAN
~ia\a Jdd::;~11iW COMMITTEE
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LET IT BE REMEMBERED, that the East of951 Infrastructure and
Services Horizon Study Public Participation Master Plan Committee in and
for the County of Collier, having conducted business herein, met on this date
at 7:00 p.m. in REGULAR SESSION at the Collier County Agricultural
Extension Office, 14700 Immokalee Road, with the following members
present:
Chairman: Bill McDaniel
Linda Hartman (Vice Chairman)
Kris Van Lengen (excused
Stephen Price
Richard Rice
Christian Spilker (excused)
Jeanne Alleman (excused)
Thomas Jones
Kenneth Lynch
Timothy Nance
Russell Priddy (excused)
Douglas Rankin
Clarence Tears (absent)
Mark T eaters
Michael Dedio
ALSO PRESENT: Mike Bosi, Community Planning & Redeve1~&t(fes
Manager Date: \ 1,_
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March 19, 20!,
The meeting was called to order by Chairman Bill McDaniel at 7:04 p.m. The
pledge of allegiance was recited.
I. Roll Call
A quorum was established.
II. Agenda
Mr. Price moved to approve the agenda. Second by Ms. Hartman. Motion
carried unanimously 9-0.
III. Approval of February 12,2007 meeting minutes
Ms. Hartman moved to approve the minutes. Second by Mr. Lynch. Motion
carried unanimously 9-0.
IV. Presentation from Public Utilities and subsequent discussion
Phil Gramatges, Principal Project Manager gave a power point presentation
(see attachments).
He addressed Committee Member questions noting that the cost estimate provided
in the presentation did not include the individual hook-ups to facilities, and that
the estimates are based on their standard estimate number of 185 gallons a day.
He mentioned that the problem with having just a fire hydrant is that the
transmission cost set up is very high; some of the cost incurred would be purchase
of easements.
It was suggested to have the hydrant water supply loop back so that no flushing
would be needed as required by the law.
Phil Gramatges informed that Water and Sewer receives financial funds through
impact fees not taxes_
Tim Nance suggested raw water fire wells as appropriate for use by the Fire
Department.
Linda Hartman mentioned that Golden Gate has a pipe going down it that is
used for sprinkler systems for the medians.
Phil Gramatges replied that reclaimed water cannot be used for fire and
irrigation lines do not have enough pressure for the Fire Department.
It was suggested that the Rural Lands be evaluated also_ It was requested that the
cost basis be set up for the entire area.
Phil Gramatges replied to the suggestion that it would make the estimated
numbers far more uncertain. He added that a water plant is being constructed to
2
16) 183
March 19, 2007
the North where a pipeline will be run along the road. Hydrants can be run
through that pipeline
Tom Jones suggested looking at future developments and requiring developers to
incur the water cost.
Phil Gramatges mentioned that there are no current plans of expansion outside of
the red outlined area as demonstrated on the power point map_ It is foreseen that
wells will not be permitted to be placed within wetlands in the future. He added
that reverse osmosis is very expensive and removes minerals from the water.
Discussion ensued on the current personal well systems being turned over to
Water and Sewer if the project were set up
It was suggested that raw water transmission lines run through The Estates with
water available 80% of the time that could have hydrants placed on them_
Chief Peterson replied that if hydrants are placed on the raw transmission mains
water could be contaminated.
Public Comment-
Peggy Wetback mentioned that there are right-of-ways being purchased for
wells. She believes that the cost of doing the project would bankrupt people.
Discussion ensued on the cost of the acquiring a right-of-way through
Transportation and through Water and Sewer.
Phil Gramatges eXplained that if new roads are purchased or expanded then
transportation has to purchase more of a right-of-way cost incurred by Water and
Sewer.
Bill McDaniel brought out that there has been no environmental opinion on what
the affect will be in the future with and without the water system being placed.
Mark Teaters pointed out the necessity of figuring out how the project would be
financed before it is presented to the public.
An ecoli concern with the current system was mentioned
Michael Dedio noted that there are Federal Funds such as ISTEA (Intermodal
Surface Transportation Efficiency Act) that would pay large portions of the cost.
Ken Lynch suggested having a time line created on when to have the services
placed.
3
16!
\!larch 19, 2007
David Farmer expressed that gravity sewer will not work in Golden Gate
Estates. He suggested that pump stations at each home could be used instead
which would be a cost savings. He would like the system to remain as it is.
Mike Bosi brought out that the questionnaire should address the issue on what
people would be willing to pay for the project.
It was suggested to have the constmction phased into multiple projects and the
benefits of the project explained.
Phil Gramatges commented that an individual to connect to the lines once they
have been set up could cost $4,000 to $6,000.
It was requested to get an Environmental and Health Department opinion on the
effects of having or not having the system at the point of build out.
V. Discussion of public questionnaire
Chairman Bill McDaniel requested that each Committee Member mail
comments on the survey to Chuck I\lohlke.
VI. Public Comments
Comment cards can be utilized with the Public Meeting next month.
VII. Next Meeting Ap.-iII6th, 2007
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 9:07 p.m.
COLLIER COUNTY EAST OF 951 INFRASTRUCTURE
AND SERVICES HORIZON STVDY PllBLlC
PARTICIPTIION MASTER PLAN COMMITTEE
w'
These Minutes approved by the Board/Committee on
as presented or as amended ~
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, Joyle r , lIV'--
(~mU - S OF THE MEETING OF THE COLLIER COUNTY
EAST OF 951 INFRASTRUCTURE AND SERVICES
HORIZON STUDY PUBLIC P ARICIP A TION MASTER PLAN
COMMITTEE
I
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Naples, Florida, April 16, 2007
LET IT BE REMEMBERED, that the East of951 Infrastructure and
Services Horizon Study Public Participation Master Plan Committee in and
for the County of Collier, having conducted business herein, met on this date
at 7:00 p.m. in REGULAR SESSION at the Collier County Agricultural
Extension Office, 14700 Immokalee Road, with the following members
present:
Chairman: Bill McDaniel
Linda Hartman (Vice Chairman)
Kris Van Lengen
Stephen Price
Richard Rice (absent)
Christian Spilker
Jeanne Alleman (absent)
Thomas Jones
Kenneth Lynch
Timothy Nance
Russell Priddy
Douglas Rankin
Clarence Tears
Mark Teaters
Michael Dedio
ALSO PRESENT: Mike Bosi, Community Planning & Redevelo~e&-res
Manager
Date:
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April 16, 2007
The meeting was called to order by Chairman Bill McDaniel at 7:08 p.m. The
pledge of allegiance was recited.
Commission Coletta thanked everyone for being at the meeting.
Bill McDaniel addressed the public on how the meeting would be conducted.
I. Roll Call
A quorum was established.
II. Agenda
Ms. Hartman moved to approve the agenda. Second by Mr. Lengen motion
carried unanimously 13-0.
III. Approval of March 19,2007 meeting minutes
Clarence Tears should be marked as "excused".
Ms. Hartman would like to know if the Chief said that non-potable water
could not be used for fire hydrants.
Ms. Hartman moved to approve the minutes subject to the potable water
change. Second by Mr. Tears. Motion carried unanimously 13-0.
IV. Introduction Chairman McDaniel
Mr. McDaniel explained that the public will have the opportunity to speak. He
read the distributed "Remarks" introduction sheet (see attachment). He reviewed
a power point presentation ( see attachments).
V. Presentation from Public Utilities - Phil Gramatges
Phil Gramatges gave a power point presentation (see attachment). He noted that
there are no plans at this time to implement the plan.
Ken Rech, Environmental Health & Engineering Director for the Collier
County Health Department presented that they regulate all of the septic tanks in
Collier County. It is their finding that with the new systems being installed there
are no signs of ground water contamination.
Commissioner Coletta noted that Naples Bay is not being polluted by Golden
Gates Estates.
Ken Rech added that they are not aware of any contaminents coming out of septic
systems that are properly installed.
2
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April 16, 2007
VI. Public Question/Comments
Phil Gramatges replied to a question that the cost estimates from the power point
presentation do not include the cost of hooking up the home to the utility. His
department was directed by the Board of County Commissioners to perform this
study at an estimated cost of $20,000-$30,000.
A person from the public commented that Everglades Restoration will raise the
water table which will have adverse effects on some septics. He questioned that
Naples Bay is not polluted.
Concerns were expressed about the shear cost of the project.
Mr. McDaniel explained that there is an engineer on his own accord looking into
other alternatives on how to get water into the area.
The public expressed concerns about wells being polluted.
A person from the public expressed concern with water that is already being
pumped out of Golden Gate Estates effecting the wells of the current residents.
The impact of Ave Maria was not addressed, but the public expressed interest in
its effects.
Commissioner Coletta addressed that there is a Golden Gate Estates Master
Plan. Some of the Commissioners felt that it was pertinent to have a study for
sewer and water and to allow the public to present their opinions.
The public expressed that water and sewer are not necessary; there interest lies
with fire suppression.
A straw vote was taken where visually it appeared that all public in attendance
were against paying the demonstrated cost for water and sewer. It was suggested
to send out a survey to end the expenses going toward this subject
The project area was reviewed on an aerial map.
The public mentioned that they did not find a cost saving through home owners
insurance companies by a having a fire hydrant closely located.
Mr. McDaniel mentioned that there will be future meetings on other services for
the area besides water and sewer.
A person from the public suggested polling everyone East of Hwy 951.
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April 16, 2007
3
Mr. McDaniel noted that the pole is set to go out to 2,000 people which would
reflect about 5% of the current population.
The need for this survey was questioned by the public.
Commissioner Coletta addressed that it was understood that the public at the
meeting did not want water and sewer.
Information getting out to residence was discussed; with a person from the public
suggesting having school children contact people. The County web site is
\\ \\\\.cuU j_~Jg~ )_\.~!!~'t.
Douglas Rankin suggested not polling only registered voters.
VII. May 14, 2007 meeting, Questionnaire, Parks, or botb?
Tbere being no fnrtber business for tbe good oftbe County, tbe meeting was
adjourned by tbe order of the Cbair at 8:52 p.m.
COLLIER COUNTY EAST OF 951 INFRASTRUCTURE
AND SERVICES HORIZON STUDY PUBLIC
PARTICIP STER PLAN COMMITTEE
Cba
Tbese Minntes approved by tbe Board/Committee on
as presented X or as amended_.
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May 14,2007
3
MINUTES OF THE MEETING OF THE COLLIER COUNTY
EAST OF 951 INFRASTRUCTURE AND SERVICES
Fiala ~~Z~ STUDY PUB~~~~i~~ATION MASTER PLAN
Ha\as~::k.,t:~= . 0
~~I~:q~~)~~~C Naples, Florida, May 14,2007",;,
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LET IT BE REMEMBERED, that the Collier County East of951
Infrastructure and Services Horizon Study Public Participation Master Plan
Committee in and for the County of Collier, having conducted business
herein, met on this date at 7:00 p.m. in REGULAR SESSION at the Collier
County Agricultural Extension Office, 14700 Immokalee Road, with the
following members present:
Chairman: Bill McDaniel
Linda Hartman (Vice Chairman)
Kris Van Lengen
Stephen Price (absent)
Richard Rice
Christian Spilker
Jeanne Alleman
Thomas Jones
Kenneth Lynch (excused)
Timothy Nance
Russell Priddy
Douglas Rankin
Clarence Tears (absent)
Mark Teaters
Michael Dedio (absent)
ALSO PRESENT: Mike Bosi - Community Planning & Redevel~eiftres
Manager Dale \l~ \ \ 1i,,;J}
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May 14, 2007
3
The meeting was called to order by Chairman Bill McDaniel at 7:06 p.m.
I. Roll Call
A quorum was established,
II. Approval of Agenda
Mr. Nance moved to approve the agenda. Second by Mr. Lengen.
The Pledge of Allegiance was recited.
Motion carried unanimously 10-0.
III. Approval of April 16, 2007 meeting minutes
Mr. Nance moved to approve the minutes. Second by Mr. Spilker. Motion
carried unanimously 10-0.
Richard Rice arrived at 7:10 p_m.
Mr. Teaters expressed concerns with Phil Gramatges's presentation at the last
meeting.
Mr. Rankin agreed with Mr. Teaters and added that he did not present any
information on fire suppression alone as requested.
It was announced that fire suppression can utilize reclaimed water.
IV. Presentation from Parks and Recreation - Amanda Townsend
Ms. Townsend gave a presentation (see attachment)_
Parks and Recreation try to co-locate their parks with Schools as they
are built.
Community Parks are typically 30-60 acres while a Regional Park can
be one to hundreds upon hundreds of acres.
Fulfilling the total urban requirement would require 2,025 acres. If
impact fees remain the same there would be enough funds to build the
parks; but maintenance would be another issue.
In finding out what the needs are for the public, private inventory
recreation areas are taken into consideration_
Orange Tree Park is already under design.
There are no specific plans for the Immokalee area since there are no
lands owned by the County within the area and currently needs are
being met.
Determining how many Libraries are needed for an area is being
reevaluated from the current system of counting books. The public
now expect Libraries to proved internet access which utilizes more
square footage. Orange Tree is projected to have a Library.
Public Comments:
A person from the public commented that he would prefer more small parks than
large ones; while another person expressed concerns with safety in small parks. It
2
16. 18 ~
May 14,2007
was commented that there are a large number of children within the subject area_
It was suggested to have more open public space in parks.
Ms. Townsend mentioned that the public can express what they would like
within a park facility through public meetings, and that the public has the ability
to group together to have a park put in on their own accord.
The public invited her to attend another Civic Association meeting. A water park
east of951 was suggested.
V. Review of April 16th public meeting, time limited 7:45
It was noted by some Committee Members that Phil Gramatges did not address all
ofthe issues the Committee had requested of him.
Mr. McDaniel responded that he was limited by his assigned task by the Board of
County Commissioners; therefore he could not address the issue of fire
suppression only_ An independent fire suppression system could be a
recommendation to the Board of County Commissioners.
It was suggested by the Committee to create a list of issues to take forward as a
recommendation to the Board of County Commissioners.
Mr. Lengen would have liked someone to address septic seepage, how theses
issues would be addressed and that the issue of hiring personnel to review the
potential problem should be placed on the questionnaire.
Mr. Rankin requested that a person well informed on Libraries give a
presentation at the next public comment meeting.
Persons expressed concerns that Phil Gramatges should have taken the initiative
to contact persons to address the Committees questions.
VI. Discussion of public questionnaire
Committee members expressed concerns with the questionnaire given during the
public meeting.
Mr. Mohlke suggested developing a panel dereived from questionnaire
respondants for preliminary questionnaire c1arity_ He noted that a sample had
been emailed to Committee Members.
Mr. Rankin requested that the questionnaire not contain questions regarding how
the person feels the County is doing_
Mr. McDaniel requested that the Committee Members respond to emails.
Mr. Mohlke asked that the Committee give consideration to not meet on the third
Monday of the month since many holidays will be falling during this time.
3
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3
The second Monday of the month was suggested.
It was also suggested that a meeting be held in Immokalee for those persons living
in the northern sections of the County.
VII. Public Questions/Comments
Previously addressed.
VIII. June 11, 2007 meeting
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 9:06 p.m.
COLLIER COUNTY EAST OF 951 INFRASTRUCTURE
AND SERVICES HORIZON STUDY PUBLIC
P ARTICIPT MASTER PLAN COMMITTEE
These Minutes approved by the Board/Committee on
as presented "- or as amended~.
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MINUTES OF THE MEETING OF THE COLLIER COUNTY
EAST OF 951 INFRASTRUCTURE AND SERVICES
HORIZON STUDY PUBLIC P ARICIP A TION MASTER PLAN
COMMITTEE
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Naples, Florida, July 9, 2007
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LET IT BE REMEMBERED, that the Collier County East of 951
Infrastructure and Services Horizon Study Public Participation Master Plan
Committee in and for the County of Collier, having conducted business
herein, met on this date at 7:00 PM in REGULAR SESSION at the Collier
County Agricultural Extension Office, 14700 Immoka1ee Road, with the
following members present:
Chairman: Bill McDaniel
Vice Chair: Linda Hartman
Thomas Jones
Kenneth Lynch
Timothy Nance
Douglas Rankin
Christian Spilker (excused)
Clarence Tears (excused)
Mark T eaters
Kris Van Lengen
Jeanne Alleman (absent)
Michael Dedio (absent)
Stephen Price (absent)
Russell Priddy (absent)
Richard Rice (absent)
ALSO PRESENT: Mike Bosi, Community Planning and
Redevelopment Manager
Misc. Corres:
Date: {\"'1 ,~/)
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July 9, 2007
The meeting was called to order by Chairman Bill McDaniel at 7:04 p.m.
I. Pledee of Alleeiance
Pledge of Allegiance was recited.
II. Roll Call
A quorum was established.
The Chairman suggested appointing an alternate or two to be able to maintain
quorum_
III. Aooroval of Aeenda
Ms. Hartman moved to approve the agenda. Second by Mr. Van Lengen
Carried unanimously 8-0.
IV. Aooroval of Meetine Minutes
Mr. Nance moved to approve the Minutes ofthe meeting held on June 11,
2007. Second by Mr. Lynch.
Mr. Nance felt the public discussion oflast month's meeting did not have enough
notation.
Carried unanimously 8-0.
V. Introduction bv Chairman McDaniel
Chairman McDaniel stated he would make a brief presentation concerning the
Horizon Study Group - what it is about and the ultimate goals.
He further stated there would be two additional presentations made: one by
Amanda Townsend, Operations Analyst for Collier County Department of
Parks and Recreation, and a second by Collier County Under sheriff, Co!.
Kevin Rambosk.
After each presentation concluded, questions would be taken from the general
public.
Chairman McDaniel referred to a map which outlined the boundaries of the
"East of 951 Horizon Study Area."
· The BCC commissioned a study last year which noted that in 2050 there
would be one million residents in Collier County and 65% of those future
residents would reside east of 951.
. This Committee was formed and tasked to through each infrastructure
required to support this growth and development to ascertain what the present
residents living east of 951 require.
. In 2050, it is anticipated that 104,000 people will live in Immokalee; 390,193
will live in the rural land stewardship area; 58,000 will reside in the rural
fringe and 81,000 in the Golden Gate Estates area_
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July 9, 2007
. The preliminary report identified these options for infrastructure for all
services, including water, waste water, parks, EMS, schools, fire districts and
library. Each option has projected costs.
. The Horizon Study Group will return the residents' comments to the BCC for
review and incorporation into the Growth Management Plan.
. The Study Group will serve as a task force for the development of Collier
County in the Interactive Growth Model and will provide feedback and input
on the Model's development as it is process_
The Chairman stressed the importance of completing the questionnaires that were
distributed at this meeting. The completed questionnaires should be returned as
quickly as possible.
V. Presentation bv Parks and Recreations Department
. Growth Management Plan outlines three levels of service for Parks and
recreation facilities
. New levels of service standard are being developed
. East of951 Horizon Study Preliminary Report
Level I - develop park land in inventory and co-locate parks with schools
Level 2 - continue to acquire and develop land
Level 3 - to continue to acquire and develop land in accordance with
adopted standards
. Parks are classified as: Regional, Community, and Neighborhood parks
. Collier County Parks System:
5] park sites
] ,527 acres
]44,000 sq. ft of indoor recreation facilities
57 athletic fields
] 16 hard courts
29 playgrounds
Boat ramp, skate parks, amphitheaters, roller hockey rinks
. Current projects East of 95] :
Community Park on Vanderbilt Beach
Immokalee Athletic Fields
Manatee Community Park
Big Corkscrew Island Regional Park
Off-Highway Vehicle Park (both temporary and permanent sites)
Mar-Good Harbor Park
Question from public: Asked if there was a map available that detailed future
projects_
Answer: It is not yet been created_
Question: Has P&R acquired land for Orange Tree?
Answer: The site plan is east of the fairground?
3
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July 9, 2007
Question: Regarding the "standards," is there a distinction between a rural or an
urban park?
Answer: There are no distinctions. A regional park is defined as one that you
would drive 45 minutes to use and is large enough to serve a county. A
community park is smaller and could serve more than one neighborhood, but not
large enough to serve an entire county. A neighborhood park is within walking
distance of a neighborhood and may include a community center. If there is any
parking at a neighborhood park, it is usually very limited_
Question: Are school facilities open to the public on weekends?
Answer: On a case-by-case basis.
Mr. Rankin asked if the cost of building a new community park is paid for by
grants and/or impact fees?
Answer: Paid for by impact fees generated from new residents. Funds for
operations and maintenance are from ad valorum taxes. Neighborhood parks
are community driven.
Question: What is the percentage of usage of current facilities?
Answer: "Measurables" are being developed, but athletic fields have high
demand.
Ms. Townsend stated community parks are being developed at one for two to
three year cycle_ Public imput is very important for the 2009 Master Plan
currently being developed.
Question: Where is the location of the off-road park?
Answer: Near Lake Trafford in approximately three years.
Library Presentation
. 33 square feet per capita
. 1_87 items per capita (including books, audio-visual, c/d)
. South County Regional Library is out to bid
. Construction is slated to being in September, 20] I
· Due to relatively limited revenue pool, choices have to be made regarding
location of new libraries
. Ad valorum taxes pay for maintenance of libraries
Chairman McDaniel stated again that input from the general public is very
important.
Mr. Rankin stated higher standards are currently being applied across the county.
Ms. Townsend stated there are three library projects that have been approved and
4
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July 9, 2007
budgeted: the expansion of the library in Everglades City; the addition to the
Marco Island Library, and the South County Regional Library which is,
unfortunately, west of951.
Question: How does the County decide where to locate a new library.
Answer: By concentration of population_
VI. Presentation bv Collier County Sherifrs Office
. Service area: comprised of 1,210,618 acres
. Current population: 75,000
. Projected population (2049):
East of 951 - 688,489 (increase of approximately 65%)
West of951 - 377,931 (increase of approximately 35%)
. Increase: approximately 14,607 new residents per year
. 12 schools are planned to be built
. 4 schools are scheduled to open in 2008
. Student population: 15,890
. 2006 Service calls (general public): 64,952
. 2006 Service calls (field initiated): 298,106
. Response time (general public): 6_54 minutes
. Response time (field initiated): 1.52 minutes
. Six districts in patrol division
. All districts report to Sheriff who reviews staffing needs
. Number one complaint: traffic congestion
Major roadways are rated as "c" or below
Roadway improvements will equate to extensive construction
with accompanying traffic delays
. A minimum of one new jail will be built
· Current ratio of deputies available at this time is approximately 1.48 per
1 ,000 residents
· Additional deputies needed to provide current level of service in five years
will be 108
. Total capital cost per deputy is approximately $140,258.00
· Population will determine the response time desired and how much the
residents are willing to pay for the service. Public participation is
crucial to establish the levels of service and to determine staffing needs.
· In order to provide more visible patrols, quicker response times, and smaller
patrol areas, communities will need to pay for more officers.
Mr. Van Lengen how does the Sheritrs Department explain the relationship
between commercial development and crime levels. How is this explained?
Answer: It is a density issue. Industrial parks provides a target rich environment
due the concentration of equipment and machinery.
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July 9, 2007
Mr. Rankin asked if a great deal of the Sheriff's Department expansion into
higher population areas, either residential or commercial, is funded by impart
fees?
Answer: The hard assets are, salaries are not.
Mr. Rankin asked if there were two impact fees: a law enforcement impact fee
and a jail impact fee.
Answer: There is a Corrections Impact Fee portion of the general impact fee is
approximately $203.00 and the Law Enforcement Impact Fee portion is
approximately $85_00.
Mr. Rankin asked if that funds an officer's car?
Answer: Hard assets include radio, uniforms, cars, lap tops, buildings. Right
now, we are partnering with EMS to build public safety facilities.
Mr. Rankin stated that the Sheriff's Department is operating in an area larger
than the states of Delaware and Rhode Island and is to be commended for
bringing the response time to equate that of areas west of 951.
There was general applause.
Question: Will the reduction in property tax affect the Sheriff's budget.
Answer: There will an approximate $35 Million reduction. Sheriff's Department
is committed to not lose any sworn or civilian position that helps provide public
safety.
Sheriff Rambosk asked the audience members to carefully examine to the
Constitutional amendment question being voted upon in January. It that passes,
the Sheriff's Department will, unfortunately, lose some deputies.
Question: Who are "persons of interest"? Are they illegal immigrants? What is
the percentage?
Answer: The Sheriff s Department is assessing the cost impact of illegal
immigration. The greatest impact is in the cost of incarceration. The estimate is
approximately $9 Million to house illegal aliens who commit crimes in Collier
County .
Question: Is there a "Neighborhood Watch Program" operating at this time?
What is the impact on the "grow houses"?
Answer: The "grow houses" began to infiltrate the area approximately three
years ago. There were 37 at that time. In response to public pressure, they have
been pushed out to Lee County and Cape Coral. There are less grow houses now
than before.
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July 9, 2007
Chairman McDaniel stated the Sheriff's Department would attend a meeting of
your Homeowner's Association and instruct the residents as to how to form a
Neighborhood Watch committee through their Homeowners Association.
Mr. Rankin pointed out that Collier County is the only area that he knows of that
does not have meth house problems. When a meth house blows up, it destroys
portions of the surrounding homes and pollutes the area.
Sheriff Ranbosk credited the patrol personnel and the fact that the Department
placed a great deal of information into the public sector.
VII. Public Comments/Ouestions:
Mr. Molke reminded the Chairman ofthe importance of completing the
questionnaires before leaving the building.
VIII. Discussion of future Public Participation Meetinl!
The next meeting is scheduled for July 9, 2007 at 7:00 PM!
There being no further business for the good of the County, the meeting was
adjourned by the order ofthe Chair at 9:04 p.m.
COLLIER COUNTY EAST OF 951 INFRASTRUCTURE
AND SERVICES HORIZON STUDY PUBLIC
PARTIC II M ERPLANC TT
"dJ- ..
.
These Minutes approved by the Board/Committee on
as presented 'I... or as amended
~ -1)-0"\
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September 10, 2007
MINUTES OF THE MEETING OF THE COLLIER COUNTY
EAST OF 951 INFRASTRUCTURE AND SERVICES HORIZON
STUDY PUBLIC PARTICIPATION MASTER PLAN
....."
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;~~r~ng~. ~ ~- Naples, Florida, September 10, 2007
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LET IT BE REMEMBERED, that the Collier County East of951 Infrastructure
and Services Horizon Study Public Participation Master Plan Committee in and
for the County of Collier, having conducted business herein, met on this date at
7:00 PM in REGULAR SESSION at the Collier County Agricultural Extension
Office, 14700 Immokalee Road, with the following members present:
Chairman:
Vice Chair:
Bill McDaniel
Linda Hartman
Kenneth Lynch
Timothy Nance
Russell Priddy
Stephen Price
Kris Van Lengen
Mark T eaters
Thomas Jones
Christian Spilker
Richard Rice
Clarence Tears (excused)
Douglas Rankin (excused)
Michael Dedio (absent)
Jeanne Alleman (absent)
ALSO PRESENT: Michael Bosi, Community Planning and
Redevelopment Manager
Mise Corres:
Date: \ l; \
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September 10, 2007
The meeting was called to order by Chairman Bill McDaniel at 7:10PM.
Pledee of AlIel!iance
Pledge of Allegiance was recited.
I. Roll Call
Michael Bosi called the roll and a quorum was established.
II. Approval of Aeenda
Mr. Van Lengen moved to approve the Agenda. Second by Mr. Priddy. Carried
unanimously, 11-0.
III. Approval of Meetine Minutes
Corrections:
(a) The time the meeting ended was changed from "7:35" to "8:35 PM"
(b) The word "participation" was misspelled.
Ms. Hartman moved to approve the Minutes of the meeting held on August 13,
2007 as amended. Second by Mr. Priddy. Carried unanimously, 11-0.
IV. Presentation bv Fire Districts
A joint presentation was made by Fire Chief Rita Greenberg of the Big Corkscrew
Fire District, and Fire Chief Donald R. Peterson and Public Information Officer
Victor Hill of the Golden Gate Fire District
A copy of the presentation was distributed to the Committee.
Big Corkscrew Fire District
6 Stations
30 employees
Coverage: 194 square miles
Population: 12,000 residents
Golden Gate
4 stations
73 employees
103 square miles
80,000 residents
Fire District concerns:
. Location of equipment is critical as population and call volumes increase.
. Zoning changes, geography, road access and sufficient resources
. National Fire Protection Association standards:
standards must be complied with regarding staffing
response time frames
apparatus needs and equipment
. Designs of roads and construction of new home developments:
Median cuts that preclude turns
speed bumps
traffic calming devices
one-way entrances to communities
Insurance companies are now requiring that homes of certain value thresholds must
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install hard-wired fire alarms to obtain insurance coverage. This was not mandated
by the Fire Districts.
A plan outlining the benefits of mutual aid and resource sharing between the Fire
Districts is being studied, as well as the possibility of incorporating joint stations on
the Districts' borderlines, and EMS into certain fire stations.
Mr. Price asked about the potential benefit to tax payers of creating one unified
Fire District.
Discussion ensued. It was pointed out that the possibility of consolidation is being
studied, but it will be a lengthy process. A committee is being formed by the Fire
Service Steering Committee and the Fire Chiefs Association.
Fire Chief Greenberg stated that combining districts would not be cost effective for
at least the first five years of service due to the need to equalize staffing, salaries,
and equipment among the various Fire Districts.
An additional consideration is whether or not the concept of consolidation would be
supported by the tax payers themselves due to the initial increase in costs which
would impact their taxes, and concerns about the level of service to be provided after
consolidation.
Mr. Spilker suggested the Committee could recommend to the BCC that the Fire
Districts should be included as part of an initial design review committee concerning
construction of roads and new home developments. This would allow the Fire
Districts to voice their concerns about design plans that do not provide adequate
access for fire equipment and to suggest possible solutions before construction began.
V. Public Questions/Comments
A comment was made about information supplied to the Fire Districts regarding
dead-end roads and locations of bridges.
Fire Chief Peterson stated one ofthe biggest problems was access to the scene once
equipment arrived at a home location due to blocked driveways and lack of turn-
around space.
Fire Chief Greenberg stated many times the individual calling in a vehicle accident
is unable to assess the type and/or severity of the injuries and, as a result, both fire
and EMS are dispatched to the same scene.
A question was asked about the location of hydrants in relation to subdivisions and
insurance rates. The accepted standard is for a development to be located within five
miles ofa fire station and to have a hydrant within 1,000 feet of the development.
A question was asked concerning rural service and whether fire and EMS equipment
would travel over gravel and/or dirt roads.
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September 10, 2007
Fire Chief Peterson stated the equipment could negotiate both gravel and dirt roads,
but access to turnaround space was a problem. He stated that all calls would be
serviced regardless of location.
A question was raised about clearing land around an existing rural home site and
what was allowed. The Land Development Code allows an acre of/and surrounding a
home site to be cleared of brush and trees.
Fire Chief Greenberg suggested calling the Division of Forestry for assistance in
determining how to clear land and how to recognize protected native vegetation.
VI. Discussion of Ouestionnaire
Chairman McDaniel stated the November meeting would focus solely on the
questionnaires.
Ms. Hartman requested a change and suggested removing the language "over the
canals" from Item #3.
Mr. Molke will present the results ofthe questionnaires at the November meeting.
VII. New Committee Members
Chairman McDaniel asked the Committee to hand in their selections for the two
new Members to Mr. Bosi before leaving the meeting. He stated both Mr. Tears and
Mr. Rankin had emailed their selections to Mr. Bosi who would compile the results
and notifY the Committee by email.
VIII. Next Meetinl!:
The next meeting is scheduled for Octoher 8, 2007 at 7:00 PM.
There being no further business for the good of the County, the meeting was adjourned
by the order ofthe Chair at 9:10PM.
COLLIER COUNTY EAST OF 951 INFRASTRUCTURE AND
SERVICES HORIZON STUDY PUB PARTICIPATION
MASTPL CO E
OJ.,
These Minutes were approved by the Committee Chair on
as presented or as amended i
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November 7, 2007
MINUTES OF THE MEETING OF THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY COUNCIL
Naples, Florida, November 7,2007
LET IT BE REMEMBERED, that the Collier County Environmental
Advisory Council in and for the County of Collier, having conducted
business herein, met on this date at 9:00 AM in REGULAR SESSION at
North Naples Regional Park Exhibit Hall with the following members
present:
CHAIRMAN: William Hughes
VICE CHAIRMAN: Dr. Judith Hushon (excused)
Lee Horn
Roger Jacobsen
David Bishof
Nick Penniman
Michael V. Sorrell
Dr. Llew Williams
Richard Miller
OTHERS PRESENT: Jeff Wright, Assistant County Attorney
Stan Chrzanowski, PE, Planning Review
Summer Araque, Senior Environmentalist
Susan Mason, Principal Environmental Spec.
Bill Lorenz, Director of Environmental Services
Melissa Zone, Principal Planner
David Weeks, Sr. Planner
Ray Smith, Pollution Control Dept.
Barry Williams, Director of Parks and Recreation
Murdo Smith, Parks and Recreation
Chris D' Arco, Environmental Services
Nick Casalanguida, Transportation Planning Director
Mac Hatcher, Engineering & Environmental Servo
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ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
Wednesday, November 7, 2007
9:00 A.M.
Large Conference Room at the Exhibit Hall within North Naples Regional Park
I. Call to Order
II. RollCall
III. Approval of Agenda
IV. Approval of October 3,2007 meeting minutes
V. Upcoming Environmental Advisory Council Absences
VI. Land Use Petitions
A. Conceptual Slle Plan CSP.2007-AR.12443
"Temporary A TV Park"
Section 6, Township 45 South, Range 30 East
B. Planned Unit Development PUDZ-2006-AR-10171
"Brandon RPUD"
Section 13, Township 48 South, Range 25 East
C. Commercial Planned Unit Development CPUD. 2005- AR.9127
"Myrtle Woods CPUD"
Section 29, Township 50 South, Range 26 East
D. CPSP.2005-14, Comprehensive Plan amendment pelltion requesllng amendments to
the Future Land Use MaD and maD series to re-designate Rural Fringe Mixed Use
District Sending Lands to either Receiving Lands or Neutral Lands, for twenty
properties comprising :!:283 acres. [Coordinator: David Weeks, AiCP, GMP Planning
Manager] Adoption Hearing
E. CPSP-2005-15, Comprehensive Plan amendment petttion requesting amendment to
the TransDortatlon Element to add new policies providing for Thoroughfare Corridor
Protection Plans. (Coordinator: Nick Casaianguida, Transportation Planning Director]
Adoption Heering
F. CPSP-2005-16, Comprehensive Plan amendment petition requesting amendments to
the Future Land Use MaD series maD titled Collier Countv Wellhead Protection
Areas, ProDosed Wellflelds and ASRs MaD. [Coordinator: David Weeks, AiCP. GMP
Planning Manager] Adoption Hearing
VII. New Business
A. Pesticide/herbicide testing In ground water and Sodium In GGE wells _ Ray Smith,
Rob Ward, and Rhonda Watkins of Pollution Control
B. Recommendation to the BCC on Watershed Basin Priorities - Mac Hatcher of
Environmental Services Department
VIII. Old Business
A. Update members on projects
IX. Subcommittee Reports
X. Staff Comments
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A. Address and e-mail address - Can we give to Rookery Bay?
B. Redundant stipulations - The CCPC 15 requesting to not require redundant stipulations
or Items in the PUD documents.
XI. Council Member Comments
XII. Public Comments
XIII. Adjournment
*.~*********..**********...**************************************
Council Mambers: Please notlfv Summer Araaue. Environmental Services Senior Environmental
Saecl.llst no I.ter than 5:00 a.m. on Thursdav. November 1. 2007 If vou cannot attend this meetlno
or If vou have a conflict and will abstain from votlna on a aetlllon 1530-62901.
General Public: Any person who decides to appeal a decision 01 this Board will need a record 01 the
proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
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November 7, 2007
I. Call to Order
The meeting was called to order at 9:01 A.M. by Chairman Hughes.
II. Roll Call
Roll Call was taken and a quorum was established.
m. Approval of Agenda
Mr. Penniman moved to approve the agenda noting a requested time certain for
Item VII. E. af 1 pm.
Second by Mr. Jacobsen. Carried unanimously 8-0.
IV. Approval of October 3, 2007 meeting minutes
Mr. Jacobsen moved to approve the October 3, 2007 meeting minutes. Second by
Mr. Horn. Carried unanimously 8-0.
V. Upcoming Environmental Advisory Council Absences
Dr. Williams will not be present for the February meeting.
VI. Land Use Petitions
A. Conceptual Site Plan CSP-2007-AR-12443
Temporary ATV Park
Section 6, Township 45 South, Range 30 East
A memo from Council member Hushon subject "Comments on the Proposed
A TV Park dated 10/31/07 was entered into the record (see attached).
Mr. Penuiman disclosed that he had conversations with Nancy Payton of Florida
Wildlife Federation, Brad Cornell of the Collier County Audubon Society and
Nicole Ryan of Conservancy of Southwest Florida.
The presenters were sworn in.
Richard Woodruff of Wilson Miller introduced the Petition representing Collier
County Parks and Recreation Department and the Big Cypress Water Basin for
the application for a temporary A TV park on lands owned by Alico, Inc. He
noted he also represents Alico, Inc. in various land issues; however Alico has no
interest in this issue other than the owner and lessee. The parcel is 160 acres in
size and located in the north portion of the County.
Barry Williams, Collier County Director of Parks and Recreation provided a
brief history of the proposal. On 10/08/2003 the Southwest Management District
for the District agreed to convey a parcel ofland to the County for an A TV site in
exchange for lands taken for the Everglades restoration project. On 1/1 0/07 the
Board of County Commissioners and Southwest Florida Water Management
District reached agreement on the Conveyance of a 640 acres parcel to be this
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November 7,2007
site. A l60-acre temporary site parcel is proposed for lease until completion of
construction of the permanent A TV Park. This leased parcel is the Petition in
front of the Council today. The Petition is for a Temporary Use Permit
Barry Williams (P&R) stated the dredging occurring at Lake Trafford has been
delayed due to drought conditions and will not be completed for some time.
Upon completion of the dredging, the material from Lake Trafford is to be placed
on the permanent site with a waiting period of 18-24 months for the material to
dry before construction may initiate.
Mr. Sorrell asked ifMr. Williams was aware of the high Copper content of the
material in Lake Trafford.
Barry Williams (P&R) stated that the permanent site would be addressed at a
later date.
Mr. Penniman asked ifthere was any archeological review ofthe dredging ofthe
Lake Trafford site.
Barry Williams (P&R) stated that the permanent site would be addressed at a
later date.
Mr. Jaeobsen noted that issues with the permanent site could have a bearing on
the temporary use duration.
Richard Woodrnff stated that this is a one-term lease and will not be renewed
due to Stewardship issues with this property. The overall duration of the lease,
with extensions is from 5/10/2007 through 5/10/2010.
The next step will be application for additional permit approvals.
He also provided an overview ofthe project noting the following:
· The site is 160 acres but the area of riding use is much smaller due to
environmental constraints
· There are no permanent structures proposed
· The parking area will be grass with no improvements (culverts, paving, etc.)
· A helicopter pad consisting of a mowed area is proposed
· Restrooms will be via port-a-johns
· Hour of operation are 2 weekends monthly, Friday, Saturday, or National
Holiday from 8AM to 5PM
. The trail area will be cordoned offby hay bales and silt fences
· Permits will be required as well as educational courses for riders
· On-site Rangers will patrol the site with any violations resulting in permit
revocation and ejection from the site
In regards to listed species identification he noted:
. A watering station or previous dipping station for Caracara
· This area will be cordoned off and soil samples by the County will be taken
and these results will determine ifthe site will be restricted permanently
. A full Environmental Impact Statement has not been prepared
· A primary protection zone has been established of a radius 985 feet; a
secondary zone of2300 feet may be required by Fish and Wildlife
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The Petitioner is requesting an approval based on the requirement of a primary
zone only, if a secondary zone is required the Petition will be withdrawn.
Murdo Smith of the Parks and Recreation Department presented the
Management plan and stated at the time the plan was prepared the concern of the
Caracara nest was not identified. He noted the following:
· Rider reservations will be required and obtained at Exhibit Hall
· Hours 8am to 5pm 2 weekends a month
· 50 vehicles is the maximum allowed at one time
· Helicopter Airlift service is proposed
· Factory installed exhausts will be required, was well as protective head gear
and clothing
· A TV are prohibited from wetland areas with a maximum speed of25 mph
Mr. Horn asked if there was a Management Plan for Black Bear or Florida
Panther.
Tom Trettis, Ecologist of Wilson Miller stated that Fish and Wildlife had
determined no impacts to the Panther. There is a possibility of Black Bear
activity; however no Management plans were requested.
Barry Williams (P&R) noted that South Florida Water Management District
received a letter from US Fish and Wildlife regarding the Caracara issue.
Susan Mason noted that at meetings Management Plans were recommended for
any listed species on site.
Mr. Jacobsen requested clarification on the requested activity of the Council,
vote versus an opiuion.
Mr. Wright, Assistant County Attorney recommended a motion of approval or
denial of the temporary use permit with or without stipulations.
Dr. Williams asked if an Environmental Impact Statement (EIS) is required.
Assistant County Attorney Jeff Wright stated that his understanding that ifan
issue would have a substantial impact on Environmental Quality than an EIS is
required.
Susan Mason, Principal Environmental Specialist, noted this is a unique situation
and it was determined by the County that at this level an EIS is not required.
When the Conditional Use application is submitted, it will be required.
Bill Lorenz, Director of Environmental Services concurred this was a unique
situation and through all reviews, it was determined that no EIS would be required
based on the US Fish and Wildlife assessment that no listed species were
impacted. This determination was made before the Caracara area was identified.
Richard Woodruff stated that Fish and Wildlife will make the final
determination of species impact.
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Mr. Miller noted that a Temporary Use Permit is usually a duration of 14 days;
this Petition is for at least one year and was concerned with setting a precedent in
this process.
Mr. Bishof asked if the site will be restored upon termination of the lease and if
so, should a bond be required to ensure completion
Richard Woodruff stated the lease requires the site to be returned to its pre-lease
condition. This would be an easy process based on the type of disturbances
proposed and the landowner can assist in the restoration. The landowner would
be acceptab Ie to the County providing a bond. He also stated the perimeter of the
property is encompassed by fencing.
Mr. Sorrell asked the protection status of the Caracara.
Speakers
Nancy Payton of the Florida Wildlife Federation among the points noted the
following:
· In response to Mr. Sorrell's question, the Caracara is a listed species
· There is not enough information for the Council to make a responsible
decision
. There are Caracara and Florida Panther issues
· There is no biological opinion from Fish and Wildlife
· There is no Habitat Conservation Plan which is a long process
· No special consideration should be given to the Collier County or South
Florida Water Management District
· The Collier County Comprehensive Plan directs incompatible uses away
from listed species. This is an incompatible use.
She recommends continuance or a denial of the petition as presented.
Nicole Ryan, Conservancy of Southwest Florida among the points noted the
following:
· The petition does not constitute a temporary use
· A full EIS should be required
· A lack of a Management Plan for Black Bear, Florida Panther, etc.
· A private developer would not qualify for approval as presented
She recommends denial of the petition as presented.
Chairman Hughes cited the lack of information presented and proposed the
Petitioner request a continuance.
Richard Woodruff stated he did not want to request a Continuance and requested
a decision at this point.
Barry Williams (P&R) stated that he is working under the direction ofthe Board
of County Commissioners and understands the uniqueness ofthe proposal and the
area will be restored to its pre-lease condition. In general private developer
projects do not propose developing a parcel, then returning it to its previous
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condition. He is not seeking special treatment by the Council and requested a
continuance to address the issues herein.
Mr. Jacobsen noted the plan is well thought out, but does not have the adequate
information to make a decision at this point.
Mr. Jacobsen moved to continue the Petition to the next meeting. Second by
Mr. Horn. Carried unanimously 8-0.
Break: 10:20 A.M
Re-convene: 10:27 A.M
B. Planned Unit Development PUDZ-2006-AR-10171
"Brandon RPUD"
Section 13, Township 48 South, Range 25 East
The presenters were sworn in.
Mr. Jacobsen disclosed that he had walked the site.
Mr. Miller disclosed that he resides at Strand, easterly of the project.
Patrick White, Attorney from Porter Wright Morris and Arthur representing
Eastbourne Bonita, LLC provided a brief overview of the project noting a
Continuance from the last agenda to address a staff concern. The request is to
rezone approximately 51.1 acres from Agriculture (A) and Special Treatment
Overlay zone to Residential Planned Unit Development. A Master Concept Plan
has been provided with the application which shows the location of Livingston
road and Della Rossa proposal to the West, Agricultural zone land and Royal
Palm Academy to the South; FPL easements to the East. The request is for the
maximum density of 204 residential units or 3.99 units per acre.
Patrick White qualified Kendra Willet of Johnson Engineering as an expert
witness in the area of Wildlife issues.
Kendra Willet provided a power point presentation for the proposal. She noted
the following:
. Approximately 40 acres of the site are wetland,
· Approximately 7 acres are proposed as preserve
. Drainage water will enter the preserve following treatment
· A protective species survey in May of2006 indicated no presence of
protective species; 3 areas were found for potential ofleaf nest for the Big
Cypress Fox Squirrel
· A Management Plan has been provided for the Fox Squirrel
. The application is consistent with the Growth Management Plan and LDC
· The applicant has agreed with the Recommendations in the Staff Report that
a note be added before the project is reviewed by the Collier County
Planning Commission:
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a. "Remaining Preserve Area is defined at the "time of the next"
development order. . ..
b. the end of the note "shall be located adjacent and contiguous to the
preserve shown on the site master plan
Mr. Penniman asked why the drainage flows to the Southwest.
Chris Hagen of Johnson Engineering stated the drainage is based on existing
conditions created by previous construction in the area. He reviewed the Lidar
Map noting the project is draining into a restricted discharge basin and overall
will provide for minimal offsite discharge and will not affect the receiving area.
The detailed information will be presented at the Site Development Plan level.
Mr. Dishaf noted the wetland elevations were based on adjacent site data and
asked if an existing and proposed on site hydrology analysis was conducted to
determine the elevations.
Chris Hagen stated that detailed studies on site had not been completed. The
project is in the conceptual stages and established elevations are based on
previous information established in the area.
Mr. Dishof also asked why the seasonal high, established as wetland for the site is
elevation 11.7', I foot below the existing grade of 12.7', yet the site is
characterized as wetland.
Chris Hagen stated that the site is in transition to upland and if undisturbed
within 10 years the site would be an upland community. This is due to the fact
existing developments have altered the historic flows into the site.
Stan Chrzanowski, PE, Planning Review stated that the difference in the
database for the elevations could be causing confusion. The proposed conceptual
plan is based on NGVD elevations for the Water Management District as opposed
to NA VD Lidar elevations. NGVD elevation base is approximately 1 foot higher
than the NA VD.
Mr. Dishar noted no matter which database is utilized for the conceptual plan
(and it is not indicated), the natural hydrology that exists on this site, not adjacent
sites (which mayor not be accurate) needs to be utilized in planning; not
elevations based on previous developments.
The elevations as provided will effectively drain the wetland groundwater as
opposed to re-hydrating it and the issue needs to be addressed.
Chris Hagen agreed with Mr. Chrzanowski's comment that the confusion is
caused by the elevations and that 1.3' added to the existing 1].7' elevation shown
on the conceptual plan will provide an established wetland elevation of 13.0'
hydrating the wetland.
Mr. Dishar requested Mr. Hagen review the conceptual plan.
After reviewing the conceptual plan, Mr. Hagen agreed the data shown is
incorrect and he needs to look at revising the elevation data on the plan.
Mr. Dishaf stated with the revised elevation data, it is still a concern on how the
hydrology of the site will be impacted with the proposed project.
7
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16i
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it
November 7,2007
Mr. Miller asked what the proposed residential uses would consist of in terms of
single family units vs. multi family units, accessory structures, building heights,
etc.
Laura Spurgeon of Johnson Engineering stated that the exact design standards
have not been proposed at this point, but the uses will be the maximum allowed
under the Land Development Code standards; single-family 35 feet maximum
height or multi family 50-foot maximum height.
Melissa Zone, Collier County Principal Planner noted that the issues today are
environmental and the size and height of structures proposed would be addressed
at the Planning Commission hearings.
Chairman Hughes stated that these issues could be considered envirorunental
issues.
Chairman Hughes requested Mr. Chrzanowski address the drainage issues
associated with the project.
Stan Chrzanowski noted that the Livingston Road construction affected the pre
existing drainage patterns in the area and the drainage considerations proposed in
the conceptual plan are on the right track
A question was asked if the presenters had taken into account the Staff Report
item V.C.2 noting the Master Plan is being required to show a pedestrian
connection for a futurc pedestrian interconnection between Brandon PUD and
developments in the west. It was also noted these items are important as the
proposed or required infrastructure could affect Stormwater flows.
Patrick White stated after discussing this issue with Planning and Transportation
Staff, it is not applicable and the details will be addressed in the Planning
Commission hearings.
Dr. Williams requested clarification of section VLA. Paragraph 4 of the Staff
Report addressing the stormwater management system.
Chris Hagen stated that the intent of the on-site Stormwater design is to have all
the stormwater enter the lakes for treatment and direct only treated water into the
wetland preserve.
Mr. Bishof stated there are many water quality issues with this site and areas off
site that may be adversely affected. The level of detail provided at this point does
not fully address these issues.
Chris Hagen agreed that these items need to be addressed and that level of detail
will be provided at the next review stage for the County and South Florida Water
Management District. These jurisdictions heavily regulate these issues to ensure
water quality.
Mr. Penniman noted the large amount of impervious surface areas proposed for
the project.
Chris Hagen noted that the project proposes Code deviations for required
sidewalks in some areas and would aid in the quality of the water falling on
8
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y
November 7, 2007
impervious areas as the quality of water draining from roofs and buildings is of a
higher quality than roads and sidewalks.
Patrick White stated he appreciated the level of detailed questions and assured
the Council that these detailed issues will be provided at the Site Development
Plan level and addressed by those various Agencies and requested a
recommendation of approval for the Petition.
Melissa Zone stated that Staff does not support the request for the sidewalk
deviations requested.
Mr. Miller expressed concern over the lack of specificity of the building design
characteristics and noted this could have an impact on the character of the
neighborhood.
Lanra Spurgeon re-iterated that the structure design will be in accordance with
the Land Development Code standards with the maximum intensity allowed. She
noted that the project is 2-3 years away from completion and the level of detail
requested is not available.
Mr. Horn expressed concern of the lack of general building footprints.
Bill Lorenz stated that the Petition review should focus on the environmental
impacts and some of the questions require more detail than required at this level.
Mr. Penniman moved fo deny the Petition on the basis of the fact this is 78
percent existing wetland and intense development of such uncertain
specifications being put on here is probably not the appropriate way to develop
this kind of land. In addition has huge questions over Mr. BishoFs concerns
regarding the wetlands.
Second by Mr. Jacobsen
Patrick White stated the Petition meets the threshold of what they were to
demonstrate to the Council, and is inappropriate to go afield and raise inquiries
that they don't have the answers for at this time. He stated if they have concerns
over the process they should change the process. The project meets the
requirements for approval and the Committee has asked for a level of detail they
are not required to provide. He asked Jor a reconsideration oj the motion.
Mr. Bishof asked if the Petition would come back before the Council at a future
date with more detailed information.
Summer Araque noted that it would not come back to the Council, if approved it
will be forwarded to the Planning Commission for the Site Development Plan
Process.
Motion carried 7-1. Chairman Hughes voted no.
C. Commercial Planned Unit Development CPUD-2005AR-9127
"Myrtle Woods CPUD"
9
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4
November 7, 2007
Section 29, Township 50 South, Range 26 East
The presenters were sworn in.
Dwight Nadeu, Pianning Manager for R W A. Inc. representing the applicant
provided a brief overview of the property indicating it is a 7.0 +/- acre property
located at the intersection of US 41 and Myrtle Lane and proposed for rezone
from PUD and C-4 to CPUD.
. The use will be solely for commercial use, maximum of61,000 sq. ft.
· The site is primarily pioneering vegetation and there is a small wetland on
the property which Staff has accepted as the required preserve area
. An endangered species survey indicated a Gopher Tortoise residing in a
more upland area of the project. Ray Ashton, County Gopher Tortoise
expert, was contacted for an opinion if the Gopher Tortoise could reside
long term in the 1 acre preserve. Mr. Ashton indicated it could reside in this
location but after more investigation Staff determined this was not a viable
option and that the Gopher Tortoise should be relocated off site. The
applicant has agreed to re-Iocate the tortoise
· Local traffic on Myrtle Lane will be re-routed through the development area
· The project is instrumental in the Lely Area Stormwater Improvement
Project by assisting in correcting the regional drainage patterns
· A groundwater recharge and well site has been provided in the Southeast
comer of the project for distribution throughout the County. An easement
for the area will be provided to the County
. A neighborhood information meeting was conducted
Mr. Penniman left the meeting at 1/:42A.M
Mr. Miller asked if the re-routing of Myrtle Lane traffic is via a right-of-way or
an easement.
Dwight Nadeau responded it is a dedicated easement with a traffic separator from
the development.
Dr. Williams if the sanitary sewer area has been subject to periods of historic
flooding.
Dwight Nadeau responded that he has no record of flooding; the lift stations are
property of Collier County and would have to contact the Utilities Division. The
stormwater drainage design will ensure adequate removal of stonnwater to the
existing and proposed infrastructure.
Mr. Bishof asked ifthe re-Iocation site for the Gopher Tortoise has been
determined.
Jason Hunt, of Passer ell a & Assoc., Inc. stated the site has not been determined.
Chris D' Arco, of Environmental Services stated Staff recommends approval of
the re-zone with the following conditions:
10
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if
November 7,2007
· An FWCC relocation permit shall be obtained for relocation of one Gopher
Tortoise found on site prior to commencement of any construction activities
and a copy shall be forwarded to Environmental Services Staff and a report
provided to the Staff
· Provide a report to the Environmental Services staff on the results of the
relocation of the gopher tortoise within thirty days of relocation. Provide
the number of burrows excavated, the number of tortoises relocated, and the
final relocation site
. A copy of the results of the SFWMD jurisdictional determination shall be
forwarded to the County Staff upon its issuance
Dr. Williams moved to accept to the Petition subject to the given the stipulation
subjects ojfhe Gopher Tortoise removal. Second by Mr. Jacobsen. Motion
carried unanimously7-0.
Break: 12:02AM
Reconvene: 1:00PM
E. CPSP-200S-16, Comprehensive Plan amendment petition requesting
amendment to the Transportation Element to add new policies providing for
Thoroughfare Corridor Protection Plans
Nick Casalanguida, Transportation Planning Director presented the "CSP-200S-
15 Environmental Staff Report Meeting 1117/07" for Thoroughfare and Protection
Plans and reviewed the proposed changes.
Dr. Williams noted that language on page #1, Policy 3.5 Introdnction should
contain the language, "consistent with State Comprehensive Plan".
Mr. Miller noted the document should utilize consistent wording in rights-of-
ways, right of way, etc.
Mr. Jacobsen moved to approve the Petition. Second by Mr. Wi/liams. Carried
unanimously 7-0.
D. CPSP-2005-14, Comprehensive Plan amendment petition requesting
amendments to the Future Land Use Map and map series to re-designate
Rural Fringe Mixed Use District Sending Land to either Receiving Lands or
Neutral Lands for twenty properties comprising 283 +/- acres.
David Weeks, Planning Manager presented "CSP-2005-14 Environmental
Advisory Council Staff report meeting oflll7/07" for re-designated Rural
Fringe Mixed Use Districts and reviewed the proposed changes. He requested
a motion to approve the staff recommendation in the re-designation of the
parcels as follows:
. parcels 1,2,91,92 from sending lands to receiving lands
· 36-41,95 from sending lands to neutral lands
11
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November 7, 2007
· 96 from sending lands to neutral lands with the exception ofthe
southeasterly 3.7 +1- acres
He further requested that parcels 3-10 remain as sending lands and not be re-
designated.
Mr. Penniman returned at 1 -' 18PM
Speakers
Nancy Payton ofthe Florida Wildlife Federation submitted a letter to the Council
supporting the Staff recommendations and parcels 3-10 remain as sending lands.
Mr. Jacobsen moved to accept the proposal by Mr. Weeks with his caveats.
Second by Mr. Horn. Carried unanimously 8-0.
F. CPSP-200S-16, Comprehensive Plan amendment petition requesting
amendments to the Future Land Use Map series map titled Collier County
Wellhead Protection Areas. Proposed Wellfields and ASRs Map.
David Weeks, Planning Manager presented to the Council "CSP-2005-l6
Environmental Advisory Council Staff Report of meeting 11/07/07".
He also provided an overview of the well field protection zone maps with
regulatory requirements within this area. These maps contain zones of control. A
technical report prepared by the Pollution Control Report was the basis for the
designations. These maps are available at a larger scale on the zoning maps.
Chairman Hughes asked Ray Smith of the Pollution Control Department to
review any perceived threats to the groundwater quality within the County.
Ray Smith of the Pollution Control Department reviewed the procedure utilized
in developing the maps which included contacting the Utility Companies and
incorporating their existing sources and demands into the maps. The land uses for
potential pollution sources are either prohibited or monitored annually (gas
stations, hazardous waste generators, etc.) to make sure the materials are handled
appropriately. These do not include generic commercial or residential uses. He
noted the well fields are deep and protected in most cases from general uses by a
confining layer of soil.
Chairman Hughes asked whether excavations or mining are regulated to the
extent necessary to protect the groundwater resources.
Ray Smith noted that Collier County and the Federal Government regulate
mining activities to ensure protection of water quality.
Chairman Hughes suggested excavation permits be required in these protection
zones.
Bill Lorenz, Director of Environmental Services noted that excavations are not
allowed to penetrate below the confining layer. The Groundwater Protection
Ordinance does address excavations in these zones.
12
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November 7, 2007
Chairman Hughes moved to accepf fhe presentation with the caveat the
Planning Commission consider additional regulation perfinenf to excavation
permifs the first two zones from the wellhead. Second by Mr. Horn. Carried
unanimously 8-0.
VII. New Business
A. Pesticide/herbicide testing in ground water and Sodium in GGE wells - Ray
Smith, Rob Ward and Rhonda Watkins of Pollution Control
Continued
B. Recommendation to the Bee on Watershed Basin Priorities-Mac Hatcher of
Environmental Services Department
Break: 1:48PM
Re-convene 2:04PM
Mac Hatcher of Engineering and Environmental Services Department presented
the "Watershed Management Plans Prioritization Discussion for EAC
Recommendations" to the Council. The Council viewed a Power Presentation on
the Priorities.
Mr. Miller asked how the information will be utilized.
Mr. Hatcher stated it will be utilized in Growth Management Planning and help
define goals for watershed management.
Bill Lorenz, Director of Environmental Services, noted that 2006 Evaluation
and Appraisal Report Growth Management Plan (GMP) required prioritization of
Watershed Management Plans to be completed by January 2008 with the
Watershed Management Plans to be completed by 2010 and address 4 elements:
. Water Quality
. Flood Control
· Natural Systems (wetlands, listed species)
. Water Supply
Mr. Penniman moved to recommend to fhe Board of County Commissioners the
thoughtful, constructive and timely analysis by the Environmental Sef'llice 's
Department recommendation on prioritization of the Watersheds of Collier
County.
Second by Mr. Jacobsen. Carried unanimously 8-0.
VIII. Old Business
A. Update members on projects
Susan Mason noted the Board of County Commissioners denied the Fawzy
Application.
IX. Subcommittee Reports
13
'--..- -----~.._----_._._---"._------
16,
IB
4
November 7, 2007
None
X. Staff Comments
A. Susan Mason asked if Council members would like to establish Collier County e-
mail addresses for Council business. All members were in approval with the
exception of Mr. Sorrell due to technical issues. The Council determined that the
addresses could be forwarded to Rookery Bay Reserve as requested.
B. Redundant stipulations - The CCPC is requesting to not require redundant
stipulations or items in the PUD documents.
Susan Mason noted the Planning Commission's request to eliminate redundant
information (i.e. LOC requirements) in their motions.
XI. Council Member Comments
Mr. Penniman requested clarification on Chairman Hughes "no" vote on item VIB,
Brandon RPUO.
Chairman Hughes responded that the "no" vote was based on argwnents heard that
were not in the Environmental Advisory Council's purveyance. In his opinion, an
argument such as building design specifications are acceptable if it is truly an
environmental concern, not a bui Iding design consideration regulated by another body.
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 2:50 PM.
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
These Minutes we;:.e approved by the Board/Chairman on JII-V .
as presented V , or as amended .
7-& 2Cb <Ii
,
14
=ia\ai'.J;lE"-----
H,. alas ~1!;:, -.,'-'-'--.
':ennIf19-ff' -.lE---
.~oyle .. . . d
':-:oletlil - ,.' --.- ISLES OF CAPRI FIRE/RESCUE
ADVISORY BOARD MEETING MINUTES
JAN. 4, 2007
ISLES OF CAPRI FIRE STATION
16 ~Edl~Er?
lAN li i 200B
jU.cHC! of Co,mN cormnlssioners
ATTENDEES:
Emilio Rodriguez, Fire Chief
Kirk Colvin, Chairman, Advisory Board Member
Joseph Langkawel, Advisory Board Member
Bill Rafeldt, Advisory Board Member
Barbara Shea, Minutes Preparer
A. CALL TO ORDER
Kirk Colvin opened the meeting at 6:30 p.m.
B. NEW BUSINESS
I. Chief s Report
a. Distributed and discussed 2006 Annual Report.
b. Provided Volunteer Report.
I. Six reservists currently on staff
2. Two reservists assigned to each shift.
c. Countywide Fire Consolidation discussions.
I. Meeting location changed to Gulf Coast University.
2. Final recommendation to be made by July 2007.
d. Possible Marco Island Fire merger with Collier County.
I. Discussed Dan Summers letter of response.
2. ICFD Advisory Board will be kept fully informed.
3. ICFD has a high percentage of Marco Island calls.
4. Chief to obtain 2006 report of total percentage of M.L calls.
2. Mid- Year Review of Fire Chief.
a. ICFD Advisory Board to discuss Chiefs performance after meeting.
b. Written performance review to be completed by Feb 1,2007. Mise Corres
Il ( \ l'... L
3. Application of Thomas Decker for advisory board membership. Date: -..' . >
a. Motion made by Kirk Colvin to recommend Mr. Decker.
b. Motion seconded by Bill Rafeldt.
c. Motion unanimously approved.
d. Recommendation to be submitted to BCC for their approval on 01/23/07.
Item#:
':cp,es to:
J
16
18
6
4. ICFD Advisory Board will invite Dan Summers to a future advisory bd. meeting.
C. ADJOURNMENT
The meeting was adjourned at 7:35 p.m.
Approved:
//
,
/
13/0~
Date:
~i:II:Ed.'~"::~~~ 1 ~J.CE~/P:D 6
~~~~ng::-~-t-U~ jAN 0 ? 2008
cOletta.---NLES OF CAPRI FIREIRESCUE Board n' County CommisSioners
ADVISORY BOARD MEETING MINUTES
DEC. 6, 2007
ISLES OF CAPRI FIRE STATION
ATTENDEES:
Emilio Rodriguez, Fire Chief
Kirk Colvin, Chairman, Advisory Board Member
Bill Rafeldt, Advisory Board Member
Joseph Langkawel, Advisory Board Member
Jim Gault, Advisory Board Member
Thomas Decker, Advisory Board Member
Barbara Shea, Minutes Preparer
I. CALL TO ORDER
Kirk Colvin opened the meeting at 6:30 p.m.
II. OLD BUSINESS
A. November 2007 Advisory Board Meeting Minutes
I. Copy of Minutes distributed and approved.
2. Minutes approved by all Advisory Board Members.
3. Kirk Colvin approved and signed Nov. 2007 Minutes.
B. Chiefs Report
C. Ochopee Fire Chief Position
1. County advertised vacancy was closed today.
2. Interviews to be held January 2008.
3. Actions if Asst. Mclaughlin chosen as Chief.
a. ICFD position to be downgraded to Captain.
b. ICFD has saved 4 months of salary expense.
D. Florida Legislature Report
I. Jan. 29 vote on homestead exemption changes.
2. ICFD FY09 revenues may decline from declining property values.
E. Update on New Fire Merger Committee.
I. In support of hiring an outside consultant.
a. Feasibility study of merger of 9 fire depts. & EMS.
b. Estimate of merger costs.
Misc. Corres:
Date:
.
..:l ,_~.
';'7";
Item#:
)
Cc.p,es to
16!
2. Committee was formed by Fire Chiefs Association.
III. NEW BUSINESS
A. Vote to recommend Kirk Colvin for another board term.
1. Bill Rafeldt makes motion to recommend.
2. Ted Decker seconds motion to recommend.
3. Unanimously approved.
B. House Fire on Pelican Street on the Isles of Capri.
1. Excellent response time of all units.
2. Chief happy with coordination of apparatus & personnel.
3. Minimal interior damage to the house.
4. Assistance received from Marco, E. Naples & Golden Gate fd's.
C. Steering Committee Meeting Report by Joe Langkawel
1. Attempting to standardize protocols in Collier County.
2. Discussion of possible county-wide merger.
3. In support of hiring outside consultant to examine merger.
4. January 2008 meeting to be held at N. Naples fire dept.
D. Possibility of all Collier County fire unions merging.
E. Formal Review ofICFD Advisory Board.
1. BCC reviews each advisory board every four years.
2. ICFD Advisory Board to be reviewed March 2008 by BCC.
3. Advisory Bd. Members completed BCC review questions.
IV. ADJOURNMENT
The meeting was adjourned at 7:45 p.m.
Date: ~/.y0~
18
s
161
1
us
ISLES OF CAPRI FIRE I RESCUE
ADVISORY BOARD AGENDA
Dec. 6, 2007
CHIEF'S REPORT
A. OPERATIONS REPORT
B. VOLUNTEER REPORT
C. TRAINING REPORT
D. BUDGET REPORT
OLD BUSINESS
NEW BUSINESS
Advisory Board's 4 year review
Vote in new Board member
lbi
10S
CIDEF'S REPORT
December 6, 2007
OPERATIONS REPORT
Isles of Capri Fire / Rescue personnel provide 24 hour emergency services for the Isles of Capri
community with a consistent average reSDonse time of3 to 4 minutes. From 8:00 a.m. to 8:00
a.m., a minimlUll of at least four fully state certified Firefighters are assigned to the tire station.
Additionally, the Isles of Capri Fire / Rescue Department has the only Advanced Life Support
(ALS) equipped boats in Collier County. This means that a medical emergency on the water, be it
a heart attack or tralUllatic injury, can be handled with the most advanced emergency care possible
in the field.
The Isles of Capri Fire / Rescue Department welcomes citizens to stop by the station for free blood
pressure checks. We also provide home and condo tire prevention inspections, along with CPR
classes.
"'UPDATES'"
Isles of Capri Fire / Rescue is now an Advanced Life Support Provider (partnership with EMS)
Boat Fire
EMS via water
Dive Rescue
Search & Rescue
Marine Assist
Public Assists
Move-u
Tech Rescue
I Total
Note: In-District includes all Marine calls in District 01 (Collier County Waterways)
II \\\(("11'.(..' ..........\>:1..: ...:.:'>\I(~(\I(t(\.:.:...::. ..'.:..ll.I!:\.\\(' \"..\\"WI!!!M \.\.......\1
16,
:0/30Cf/}(d o/~oIk,;, ~OtMUjj Y!lo/mmiJ6to/}umJ
3301 East Tamiami Trail- Naples, Florida 34112 ~ 4977
(239) 774.8097. Fax (239) 774.3602
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
November 29, 2007
Mr. J. Christopher Lombardo, Chairman
North Naples Fire Control and Rescue District
1885 Veterans Park Drive
Naples, FL 34 I 09
Re: Possible Merger of the Independent and Dependent rirc Districts, City rire Departments
and County Fire and EMS Services within Collier County
Dear Mr. Lombardo:
Thank you for your November 8, 2007 letter soliciting thc County Commission's interest in
participating in a joint study of a potentialuniiied lire and emergency services operation in
Collier County. I have recently discussed this inquiry with my colleagues at our November 27,
2007 Board meeting. Based on those discussions, I am pleased to advise you that the County
Commission continues to support and endorse the concept of a unified firelrescue/EMS system
and strongly cncourages you to pursue the proposcd professional evaluation, under the direction
of an expelily qualified consulting tirm with a demonstrated record of technical expcliise and
proven results in these types of cngagements.
The County Commission would be pleased to participate in this initiative provided that the study
objective remains focused on a county-wide, uniiied, integrated fire/rescue/EMS system and
neither compromises the existing quality of system-wide patient care nor becomes a subterfuge
j()r the piecemeal dismantling of the EMS system. As you know, this Board has repeatedly taken
the position that at such time as the various tire districts lllli 1'1', the Commission will immcdiately
movc to transfcr thc EMS systcm into the unified lire/rescuc system.
The County Commission also belicvcs that it would be beneficial to all concemed to give thc
voting public an opportunity to express their opinion in this matter. Ifthe lire districts were
interested in petitioning the Board to place a straw ballot question rcgarding this issue on the
November 2008 general election ballot, 1 believe a majority of the Board would gladly approve.
16;
1 B S
Mr. J. Christopher Lombardo, Chainnan
North Naples Fire Control and Rescuc District
November 29,2007
Page Two
Thank you for the opportunity to comment on this very important and timely issue. Please kecp
me advised as events warrant.
JC:sf
nn Coletta, Chainnan
Commissioner, District 5
Cc: Board of County Commissioners
Jim Mudd, County Managcr
Mr. Chet Hunt, Interim City Manager, City of Naples
Mr. Bill Moss, City Managcr, City of Marco Island
Fire Chief Rita Greenberg, Big Corkscrew Island Fire Control & Rescue District
Fire Chief Robert Schank, East Naples Fire Control & Rescue District
Fire Chief Don Peterson, Golden Gate Fire Control & Rescue District
Fire Chief Ray Alvarez, lmmokalee Fire Control District
Fire Chief Emilio Rodriguez, Isle of Capri Fire & Rescue District
Fire Chief Michael L. Brown, North Naples Fire Control & Rescue District
Acting Fire Chief Alan McLaughlin, Ochopee Fire Control District
ChiefJclT Page, Collier County Emergency Mcdical Services Departmcnt
SheaBarbara
"1
1 13 S
~-
Page I of2
'It:''''
From: SummersDan
Sent: Monday, November 19, 200711:57 AM
To: rodriguez_r
Cc: SheaBarbara; ColeMaryAnn
Subject: FW: Advisory Committees/BCC Review 2008
Importance: High
Attachments: Committee Four Year Review.doc
Rod
Please handle as needed and cc me and Mary Anne on the action
Thanks
Dan
From: SheffieldMichael
Sent: Monday, November 19, 2007 11:42 AM
To: CastorenaMargo; arnold_m; DunnBob; sillery_t; GreenwoodThomas; rodriguezJ; NelsonTona; RichardDarryl;
FrenchJames
Cc: f1agg_d; Feder_N; ramsey_m; WilliamsBarry; SchmittJoseph; CohenRandall; SummersDan
Subject: Advisory Committees/BCC Review 2008
Importance: High
To: Margo Castorena
Michelle Arnold
Bob Dunn
Tessie Sillery/Darryl Richards
Committee
Tessie Sillery/Darryl Richards
Committee
Tom Greenwood
Visioning Committee
Chief Rod
Board
Tona Nelson
Jamie French
From:
Mike Sheffield
Animal Services Advisory Board
Code Enforcement Board
Contractors Licensing Board
Golden Gate Beautification Advisory
Immokalee Beautification Advisory
Immokalee Area Master Plan and
Isles of Capri Fire Control District Advisory
Parks and Recreation Advisory Board
Utility Authority
Subject: Advisory Committees Up for Review by the Board of County
Commissioners
Every four years on a rotating schedule, in accordance with
Ordinance 2001-55, the advisory boards and committees of the
Board of County Commissioners are up for review. The above-listed
11119/2007
16
... n
'n
.lL..
Page 2 of2
6
advisory committees are scheduled for review in 2008.
The purpose of these reviews are for the Bee to determine if the
advisory boards and committees continue to address the issues for
which they were established, and to determine if any revisions are
necessary.
The chairperson of each advisory committee/board is required to
submit a report to include recommendations or comments from the
staff. Attached is a template with sample responses. You, as the staff-
liaison to the advisory committee, must submit to me on or before
January 15, 2008 the written report submitted to you by the advisory
committee/board chairperson.
The chairperson of each of the above advisory committee's must also
make a brief oral presentation (based on the written report) to the
Bee during a regular Bee meeting in March 2008, and answer any
questions of the commissioners. It is expected that you will also attend
the Bee Meeting in March to answer questions, if need be.
Please contact me if you have any questions.
Thanks,
Mike Sheffield
252-8383
11119/2007
161
18
'5
ADVISORY COMMITTEEIBOARD
FOUR-YEAR REVIEW
BY THE BOARD OF COUNTY COMMISSIONERS
FOR FISCAL YEAR 2008
A.
ADVISORY COMMITTEE:
Productivi Committee
lB.
Ie.
ID.
IE.
IF.
jG:
IH.
CHAIRMAN:
I John F. Barlow, Jr.
STAFF LIAISON: I Mike Sheffield
STAFF AGENCY: I County Manager's Office
AUTHORITY:
I Ordinance No.2006-38
SUBMITTAL DATE: I December 12,2006
FY 07 REVIEW DATE: I March 13,2007
LAST BCC REVIEW DATE: I March 16,2002
I.
SUMMARY;
Collier County Ordinance 91-10 created the County Government Productivity Committee
to review the efficiency of departments of county government under the jurisdiction of
the Board. The ordinance was amended in 1993 and 1996, and was replaced by
Ordinance 2006-38 on July 25, 2006.
The Committee is composed of 6 members, with the vice chair of the Board of County
Cornmissioners serving in a liaison capacity. The members are appointed by resolution
of the Board of County Commissioners for a two-year term and must be permanent
resident$ and electors of Collier County. Committee members are required to possess
special expertise and experience related to managing large organizations, and must be
balanced in representing the views ohh~ ~ _ ~(j. The committee reviews the
efficiency of departments of County Government under the jurisdiction of the Board of
County Commissioners. The committee may analyze and review existing structure,
organization, staffing, management, functions, business practices, and procedUres of any
or all parts of county government and make recommendations for increased efficiency
and cost-effectiveness. The committee may also assist in the implementation of those
recommendations.
Regular Productivity Committee meetings are usually held on the third Wednesday of the
month at 2:00 P.M. in the County Manager's conference room on the second floor of the
W. Harmon Turner Administration Building.
Page I of3
16
1B
s
The current membership is composed of:
Chairman John F. Barlow Jr., Vice-Chair Dr. James A. Van Fleet, Larry Baytos, Robert
Bennett, Syd Blum, Brad Boaz, Robert Dictor, Steve Harrison, Joe Swaja, Janet Vasey,
and BCC Liaison Conunissioner Tom Henning.
1-1 Is the CommitteefBoard serving the purpose for which it was
created?
The Productivity Committee responds to the requests for review and advice on matters
identified by the County Commissioners. Since these activities have in fact been central to
the efficient and effective functioning of County Government under the Commissioners,
the Productivity Committee can be described as directly serving the purposes for which it
was created by Ordinance.
1-2 Is the CommitteefBoard adequately serving current community
needs?
Yes; over an eighteen month period, the Committee has recommended thirty
recommendations for substantial savings to the County electorate. In as much as the
Productivity Committee serves in these capacities to advise the commissioners on
potential savings, cost-cutting and diverse means of providing the public with better
service at less cost, it is continuing to fulfill its mission and serving current community
needs.
1-3 List the major accomplishments of the Committee for the preceding
I2-month period.
o I. Reviews and examinations with County offices and officials as well as outside
consultants of all major impact fee studies enacted during 2005.
02. Completion of exhaustive Efficiency and Effectiveness study, undertaken during
the previous eighteen month period, with review of same with the Commissioners.
03. Undertaking with the Planning Commission studies and hearings, with resulting
recommendations, for the County AUIR.
04. Other activities have included issues related to "affordable" housing, contract
reviews, value engineering questions and diverse matters designed to promote
savings for County Government.
1-4 Are there any other committee's or agencies (either public or private)
serving, or would better serve the purpose for which the Committee
was created?
No existing Board, Committee, or agency duplicates the work of the Productivity
Committee.
Page 2 of3
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1-5 Should the ordinance creating the CommitteelBoard be amended to
allow the Committee to more adequately serve the purpose for which
it was created?
It is believed that the Productivity Committee can operate adequately and effectively
under the existing Ordinance.
1-6 Should the membership requirements be modified?
No modifications are needed for the tasks at hand.
1-7 What is the cost, both direct and indirect, of maintaining the
Committee?
There are no direct costs to maintaining the Committee, and given the level of expertise
on same, as well as members' consulting fees for other remunerated work, not to
overlook the value of their work product for the People of Collier, the contributions to the
County are vast and more than warrant the de minimus indirect costs of maintaining this
Committee.
I J: ADDITIONAL BOARD/COMMITTEE COMMENTS:
None
K: STAFF COMMENTS:
The Productivity Committee is a very dedicated and hard-working group of volunteers!
Mike Sheffield
Page 3 of 3
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CONSERVATION COLLIER
LAND ACQUISITION ADVISORY COMMITTEE
January 14, 2008, 9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F"), Third Floor
AGENDA
RECEiVED
IAN 0 7 2008
I. Roll Call
II. Approval of Agenda
III. Approval of December 10, 2007 Minutes
IV. Old Business:
A. Real Estate Services Update - A-list properties
B. Contracts
1. Winchester Head
C. Reading of Conflict of Interest Forms (3)- Tony Pires
D. County Attorney Memo regarding Sunshine law question and staff providing member
contact information to the public
V. New Business
A. Gore parcel - Naithloriendun addition
B. Request by DeLaSol Community Association to apply conditions to recommendation
for purchase of Devisse parcel - Jim Culkar, President, DeLaSol HOA
C. Outstanding Advisory Committee Member Program
D. Applications for Conservation Collier Committee
E. Coordinator Communications
VI. Subcommittee Meeting Reports
A. Outreach - Tony Pires, Chair
B. Lands Evaluation and Management - Kevin Kacer, Chair
C. Ordinance Policy and Procedures - Will Kriz, Chair
VII. Chair Committee Member Comments
VIII. Public General Comments
IX. Staff Comments
X. Adjourn
'-~r_';~fl1 (It COilnlv Commissioners
******************************************************************************************************
Committee Members: Please notify Alexandra Sulecki at 252-2961 no later than 5:00 p.m. on
January 11. 2008 if you cannot attend this meetinQ.
Misc. Carres:
Date:
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RECEIVED
JAN 0 / 2008
3oElrr:l 01 C:ounty CommiSSioners
PELICAN BAY SERVICES DIVISION
~ ~ Municipal Services Taxing and Benefit Unit
-- .".. --'~OTICE OF PUBLIC MEETING WEDNESDAY, JANUARY 9,2007
NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES
DIVISION BOARD AT HAMMOCK OAK CENTER, 8960 HAMMOCK OAK DRIVE, NAPLES,
FLORIDA 34108 ON WEDNESDAY, JANUARY 9, 2008 AT 1:00 P.M.
1. RollCall
2. Approval of Minutes of the November 7, 2007 Meeting
Approval of Minutes of the December 5, 2007 Meeting
3. Audience Participation
4 Chairman's Report
Micro-surfacing of Pelican Bay Boulevard
Foundation Incorporation Steering Committee Update
Foundation Strategic Planning Committee Update - Mary Anne Womble
District Offices, llC Contract
5. Committee Reports
Clam Bay Committee Report
Annual Report in Compliance with Existing Permits
Update on Renewal Application
Budget Committee
No Report
Government Relations
Vanderbilt Pier - Update
6. Administrator's Report
Information regarding historical water allocations for the Ritz Carlton Hotel
Plan Review Submittals - Available in our offices for review
American Momentum Center of Pelican Bay
Cap d'Antibes. Cote d'Azure
Memorandum of Understanding - Utility Site
7. Capital Projects
Median Improvements - Myra Janco Daniels Boulevard
Sidewalk Lighting - Myra Janco Daniels Blvd & Vanderbilt Beach Road
Community Issues
Sidewalk Repairs
Hurricane Charley Storm Damage
8. Committee Requests
9. Audience Comments
10. Adjourn
SPEAKERS FROM THE AUDIENCE WILL BE LIMITED TO THREE MINUTES
ADDITIONAllY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO
ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE
PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH REcorm IMr'1 ilm'," THE
TESTIMONY AND EVIDENCE' UPON WHICH n,lc .LIPPI'F.' I::: rCI r~'" i:.,
AT THIS MEETING BECAUSE OF A DISABILITY
, .1, ,-IF Lei !!',,!CJN OFFICE AT (239) 597-1749 AT
'-EAST F!VF CAI FNnr-\R nr.,ys PRiOr:;: TO THF M"TTING. Misc. COITeS:
Date \.l, 3 \. IL, I
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COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE
AGENDA
Date: January 7, 2008 at 9:30 A.M.
Location: Collier County Community Development Services Building, 2800 N. Horseshoe Dr, Naples, FL,
Conference Room # 610
NOTICE: PERSONS WISHING TO SPEAK AT THE MEETING NEED TO COMPLETE A "REQUEST
TO SPEAK" FORM. SPEAKERS MAY BE LIMITED TO THREE (3) MINUTES FOR DISCUSSION
UNLESS ADDITIONAL TIME IS GRANTED BY THE COMMITTEE.
ALL PARTIES PARTICIPATING IN THE PUBLIC MEETING NEED TO SPEAK ONE AT A TIME AND
STATE THEIR FULL NAME AND COMPANY THEY REPRESENT, IF APPLICABLE, SO THAT THE
COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD
OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT
A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
PLEASE ENSURE ALL PAGERS AND CELL PHONES ARE OFF OR IN A QUIET POSITION.
1. CALL TO ORDER
A. Roll Call
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES: December 3,2007
4. COMPLAINT REPORT
5. NEW BUSINESS
A. New Applications
1. Auto on Demand - New CTO
2. Advanced Transportation - New CTO
3. Immo-Taxi - New CTO
6. OLD BUSINESS
A. What constitutes a VFH?
7. SPEAKERS
8. NEXT MEETING DATE: February 4,2008
9. ADJOURN
Misc. Corres:
Date \ (:-t: \ \.) .\ .
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March 26, 2007
-
RECEIVED
DEe 1 2 2007
Board of County Commissioners
MINUTES OF THE MEETING OF THE COLLIER COUNTY
WATER AND W ASTE/W ATER AUTHORITY
Naples, Florida, March 26, 2007
LET IT BE REMEMBERED, that the Collier County Water and
Waste/Water Authority in and for the County of Collier, having conducted
business herein, met on this date at 2:00 P.M. in REGULAR SESSION in
Room 610 at the Community Development and Environmental Services
Building, 2800 N. Horseshoe Dr., Naples, Florida, with the following
members present:
CHAIRMAN: Lowell Lam
Robert Bennett
Dr. Fay Biles
Jack Markel
Jerry Morgan
ALSO PRESENT: Jamie French - Executive Director, Operations Mgr, CDES
Kenneth Kovensky - Sr. Accountant/Operations, CDES
Tom Palmer - Assistant County Attorney
Misc. COl'f6$:
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Item #:
Copies to:
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March 26, 2007
I. Call to Order - (Determination of Quorum) and Roll Call
The meeting was called to order by Chairman LoweU Lam at 2:00 P.M.
AU members were present, and a quorum established.
II. Approval of Minutes - Meeting of January 22, 2007
Dr. Fay Biles Lam moved to approve the minutes of January 22, 2007, as
presented. Second by Robert Bennett and carried unanimously 5-0.
III. Items Requiring Action by Authority
A. Annual Price Index (Handout)
Chairman Lam requested Jamie French to address the issues involved in the
Florida Public Service Commission Order no. PSC-07-0083-PAA-WS, which was
issued at the end of January and which establishes the 2007 Price Index at 3.09
percent.
Authority members reviewed the Notice of Proposed Agency Action Order
Establishing 2007 Price Index for Water and Wastewater Utilities. The method
used to determine this water and wastewater utilities price index is called the
Gross Domestic Product Implicit Price Deflator Index. The Authority is to vote on
the adoption of this Index by May 15 of each year.
Mr. French made note of one typo, which will be corrected, in the Order in
Appendix "A". The first sentence should read "2006 (not 2004) Operation and
Maintenance Expenses. . ."
Brief discussion followed on the procedure used to determine the Index used and
on the large increase in the percentage. Costs of doing business, fuel
construction, etc. have aU gone up was the explanation given.
Jack Markel moved to recommend that the Collier County Water and
Wastewater Authority approve the adoption of Final Order No. 2007-3, adopting
the 2007 Price Index of 3.09 percent as established by the Florida Public Service
Commission. Second by Dr. Fay Biles and carried unanimously, 5-0.
B. Orange Tree Utility - Modification: PuIte Homes Developers Agreement
(Handout)
Mr. French apprised the Authority Members on the background and situation
leading up to the First Amendment to the Developers Agreement between Orange
Tree Utilities and Pulte Homes. He explained that through a three-party
agreement, Pulte Homes would receive additional capacity for 83 residential
connections, 4 model homes and I contractor trailer borrowed from capacity
already reserved for Bonita Bay's Twin Eagles project. At such time as Orange
Tree Utility completes its wastewater plant expansion, capacity will be transferred
back to the Twin Eagles project. Copies of the Amendment and the letter of
authorization from Twin Eagles were distributed to each Authority Member.
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March 26, 2007
No action was required by the Authority. Staff will be monitoring the growth of
this Utility and will keep the Authority abreast of the progress on the plant
expansion.
IV. Staff Discussion
A. Orange Tree Utility Construction Schedule
Mr. French reported on the progress of the water and wastewater situation and the
plant construction. He noted that water quality is good and operation of Utility is
sound. Wastewater and a few quality control issues are areas where some hurdles
need to be crossed. He also spoke on:
. the AMR conversions still in progress
. the retrofitting of older meters in some areas
. loaned refrigerator magnets that show water use, as it is being used
. customer service and billing issues
. water use loan-out being encouraged
. reasons for higher water flow/calcified lines & meters, now cleared
. gasification process to eliminate sulfur odor
Construction is waiting on Collier County permits. Submittals have been done,
and first round of reviews will be on April 11 , 2007. Based on those results,
construction could begin within thirty days of approval. Final okay to begin
operating comes from the Department of Environmental Protection (DEP).
B. Code of Ethics (Handout)
Ken Kovensky, Senior Accountant, who will be working with the various
utilities and regulatory functions, while working with Mr. French in several other
areas of oversight, was introduced to the Members. He distributed three
docwnents.
. Office of County Manager Administrative Procedure
. Ordinance No. 2004-05 Collier County Ethics Ordinance
. Sunshine Law Pamphlet.
He stressed the overall message of all these docwnents is to promote open and
honest government, ethical conduct as a public employee and building public trust.
They contain the defining rules for accepting or not accepting gifts or contributions
and the several areas which could constitute a conflict of interest.
Tom Palmer, expanded on several instances to illustrate the various portions of
the three Ethics docwnents. The basic premise for any questionable action was,
"Ifin doubt, don't!"
He also explained the definitions of Advisory Boards, Advisory Committees and
Boards which have quasi -judicial authority. Any power a Board or Committee
has beyond giving advice is actually a quasi-judicial entity in that it can make and
enforce decisions.
The Members thanked Mr. Palmer for pointing out this information and noted that
the advisory or quasi-judicial nature should be clarified for each County Advisory
Board, Committee or Authority.
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March 26, 2007
V. Open to the Public - No speakers present
VI. Authority Members Discussion -
Jerry Morgan asked if the Golden Gate Estates was now within the Collier
County Water District.
Jamie French responded that the feasibility of encompassing an all well and septic
area of the magnitude of Golden Gate Estates was not an advantageous move. Only
the Twin Eagles property is within the Collier County Water District; all other
parts of Golden Gate Estates are platted.
Jerry Morgan questioned the possibility of an Authority field trip to the Ave
Maria Utility site in April.
Discussion followed on timing and what areas are accessible. It was determined
that the length of the trip warrants waiting for roads that will allow a complete tour
of the town and both Ave Maria and Orange Tree Utilities.
Jamie French offered to contact the engineer at Ave Maria to determine the best
time for everyone to visit the site.
Rate cases, business and commercial rates were brought up and Mr. French reported
that by the fourth quarter when the CPI comes in the initial rate cases for Ave Maria
are expected to com!;: in. He will keep the Authority informed.
Dr. Fay Biles moved that the meeting be adjourned. Second by Robert Bennett
and carried unanimously, 5-0.
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 3:08 PM.
COLLIER COUNTY WATERlWASTEWATER AUTHORITY
(Z-o~
Chairman
These minutes approved by the Board/Committee on ...k,. t' Z. f{, ;2 # # 7 as
presented V or as amended .
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MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
December 7, 2007
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Naples, Florida, December 7, 2007
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LET IT BE REMEMBERED that the Collier County Special Magistrate, in and
for the County of Collier having conducted business herein, met on this date at
9:00 AM in REGULAR SESSION in Community Development and
Environmental Services, Room 609/610, 2800 North Horseshoe Drive, Naples,
Florida, and the following persons were present:
SPECIAL MAGISTRATE:
Honorable Brenda Garretson
Sue Chapin, Secretary to the Special Magistrate
MISC. Carres
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item#'
'~GPies to
STAFF PRESENT: Jeff Wright, Assistant Collier County Attorney
Patti Petrulli, Code Enforcement Investigative Supervisor
Arlene Harper, Code Enforcement Administrative Secretary
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December 7, 2007
1. CALL TO ORDER
The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson
at 9:00 AM. All those testifying at the proceeding did so under oath.
A. Hearing Rules and Regulations were given by Special Magistrate Garretson. Special
Magistrate Garretson noted that, prior to conducting the Hearing, the Respondents
were given an opportunity to speak with their Investigating Officer for a Resolution
by Stipulation; looking for compliance without being punitive.
RECESS: 9:15 AM
RECONVENED: 9:49 AM
2. APPROVAL OF AGENDA
Arlene Harper, Code Enforcement Administrative Secretary, proposed the following changes:
(a) Under Item 4(b.), "Motion for Waiver of Fines/Costs," Case # 2004060676 _ BCC vs.
Randall Fredrickson and Peggy Fredrickson was withdrawn by the County due to
payment.
(b) Under Item 5(b.), "Hearings," the following cases were WITHDRAWN by the County
due to payment of fines:
· Case # CE 2488 - BCC vs. April L. White
. Case # SO 148336 - BCC vs. George W. Cochran
· Case # SO 162389 - BCC vs. Donald W. B1anner
· Case # SO 154858 - BCC vs. Santiago R. Marrero
· Case # SO 145122 - BCC vs. Deanna L. Shimer
· Case # PR 1026 - BCC vs. Teri L. Waters
(c) Under Item 5(b.), "Hearings," Case # 2007050100 - BCC vs. Trace English, was
WITHDRAWN by the County due to abatement and foreclosure.
(d) Under Item 5(b.) - "Hearings," Case # 2007070842 - BCC vs. Rodriguez Rentals, Inc.,
WITHDRAWN by the County due to abatement.
(e) Under Item 5(b.), "Hearings," the following Cases/Citations were dismissed by the
County pursuant to Officers' requests:
. Case # DAS 11159 - BCC vs. Mickelle Marie Graigmile
· Case # SO 144679 - BCC vs. Stacy L. Clark
. Case # PR 813 - BCC vs. Lee M. Bellamy
· Case # PU 3267 - BCC vs. Lora L. Jones
(t) Under Item 5 (c.), "Emergency Cases" - Case # 2007110459, BCC vs. Henry Tesno
and Jill Weaver, was added to the Agenda.
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December 7, 2007
Sue Chapin, Secretary to the Special Magistrate, identified the Agenda Number under
Item 5(b), "Hearings," for each Stipulation and its placement for hearing: #20, #14, #29,
#15, #18, #22, #19, #23, and #21.
The Special Magistrafe approved fhe Agenda as amended, subjecf to changes made during
the course of the Hearing af fhe discrefion of the Special Magisfrate.
3. APPROVAL OF MINUTES
The Minufes of the Hearing held on November 16, 1007 were reviewed by the Special
Magistrafe and approved as submitted.
4. MOTIONS
A. Motions for Continuance:
(Under "Hearings")
12. Case # PU 3278 - BCC vs. Nora Voell
The Hearing was requested by the Respondent who was not present.
Collier County Code Public Utilities Investigator Jeremy Florin was present
Violation(s): Ord. 02-17 Sees. 5 and 5.4
Illegal irrigation - Phase II Water Restrictions - Health, Safety and
Welfare Issue
Violation Address: 3119 53rd Street. SW
The Special Magistrate noted the Respondent had submitted a written Request for a
Continuance which had been received on a timely basis.
The Investigator stated the County opposed granting of a Continuance since the
Respondent advised the Investigator in April, 2007 that she would have the timer repaired.
The Special Magistrafe DENIED fhe Respondenf's Request for a Continuance.
17. Case # PU 3276 - BCC vs. Gre!!' E. Taras
The Hearing was requested by the Respondent who was not present.
Collier County Code Public Utilities Investigator George Cascio was present
Violation(s): Ord. 05-54 Sec. 19.C.6
Litter consisting of a computer monitor on a curbside more than
24 hours before scheduled collection day
Violation address: 2672 Tropicana Boulevard
The Special Magistrate noted the "request" was written at the bottom of the Notice of
Hearing. The Respondent wrote: "Request reschedule do ("due") to I will be out of
town at this time." The Special Magistrate stated there was no date as to when this Motion
was submitted.
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December 7. 2007
The Special Magistrate DENIED fhe Respondent's Request for a Confinuance
5. PUBLIC HEARINGS
A. Stipulations:
20. Case # PU 3164 - BCC vs. Scott Fawcett
The Hearing was requested Collier County Code Enforcement Investigator Alberto
Sanchez who was present.
The Respondent was not present.
Violation(s): Ord. 02-17 Sees. 5 and 5.4
Illegal irrigation - Phase II Water Restrictions - Health, Safety and
Welfare Issue
Violation address: 2683 Orange Grove Trail
A Stipulation had been agreed to by the Respondent on December 5, 2007.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violafion(s) and was ordered to pay afine of $80. 00 on or before
January 7, 2008, unless altered by a subsequent Stipulation or Order of the Special
Magisfrate.
The Respondenf was ordered to pay Operational Costs incurred by Code Enforcement
during the prosecution of fhis case in the amount of $50. 00 on or before January 7, 2008.
14. Case # PU 3195 - BCC vs. Waterside at Pelican Bav LLC. c/o Forbes Co. LLC
The Hearing was requested Collier County Code Public Utilities Investigator Danny
Condomina who was present.
The Respondent was not present.
Violation(s): Ord. 01-73 Sees. N & Q
Repeat Violation: Illegal connection to Fire Lane
Violation address: 5555 Tamiami Trail N
A Stipulation had been agreed to by Pete Tuffo, a representative of Kraft Construction, on
behalf of the Respondent.
Ray Addison, Public Utilities Senior Investigator, stated that Forbes Co. LLC is the owner
of Waterside at Pelican Bay LLC. Forbes hired Kraft Construction as general contractor.
Kraft had caused the violation and was responsible to resolve the issue. He had spoken
with Mr. Tuffo who is a Vice President of Kraft Construction.
Finding the Nofice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violafion(s) and was ordered fo pay afine of $5,000. 00 since the
violafion was a Healfh, Safety and Welfare issue on or before January 7, 2008, subjecf fo
obfaining verification of Mr. Tuffo 's posifion and authority to act on behalf of Kraft
Consfrucfion.
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December 7, 2007
The Respondent was ordered fo pay Operational Cosfs incurred by Code Enforcement
during fhe prosecufion offhis case in the amounf of $50. 00 on or before January 7,2008.
29. Case # 2007060828 - BCC vs. Jon G. Mohrbacher & Lora L. Mohrbacher
The Hearing was requested by Collier County Code Enforcement Investigator John
Conetta who was present.
The Respondents were not present.
Violation(s): Ord. 04-58 Sec. 7(2)
Rental registration
Violation address: 4470 24th PL SW
A Stipulation had been agreed to by the Respondent, Lora L Mohrbacher, on behalf of her
husband, John G. Mohrbacher, and herself
The Investigator stated the violation had been abated.
Finding the Notice of Hearing had been properly served, and finding the violation(s) did
exist buf was CORRECTED prior fo the Hearing, the Respondents were found GUILTY
of the alleged violation(s) and were ordered to pay Operational Costs incurred by Code
Enforcemenf during fhe prosecution of this case in the amount of $198. 75 on or before
January 7, 2008.
15. Case # PU 3275 - BCC vs. Gabe Azar
The Hearing was requested by Collier County Code Public Utilities Investigator George
Cascio who was present.
The Respondent was not present.
Violation(s): Ord. 02-17 Sec. 5.4
Illegal irrigation - Phase II Water Restrictions - Health, Safety and
Welfare Issue
Violation address: 270 I Tropicana Boulevard
A Stipulation had been agreed to by the Respondent.
The Investigator stated the violation had been abated.
Finding the Notice of Hearing had been properly served, and finding the violation(s) did
exist but was CORRECTED prior fo fhe Hearing, fhe Respondenf was found GUILTY of
the alleged violation(s) and was ordered fo pay a fine in fhe amounf of $80.00 on or
before January 7, 2008.
Operational Cosfs were waived.
18. Case # PU 3159 - BCC vs. Stephen R. Pvatte & Courtnev A. Pvatte
The Hearing was requested by Collier County Code Public Utilities Investigator Al
Sanchez who was present.
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The Respondents had been present earlier and entered into a Stipulation, but left before
the Hearing could be heard.
Violation(s): Ord. 02- I 7 Sec. 5 and 5.4
Illegal irrigation - Phase II Water Restrictions - Health, Safety and
Welfare Issue
Violation address: 1048 Summerfield Drive
A Stipulation had been agreed to by the Respondent, Stephen R. Pyatte, on behalf of his
wife, Courtney A. Pyatte, and himself.
The Investigator stated he met with the Respondents. The violation had been abated and all
costs paid.
Finding the Notice of Hearing had been properly served, and finding fhe violation(s) did
exist buf was CORRECTED prior to fhe Hearing, fhe Respondents were found GUILTY
of fhe alleged violation(s) and were ordered to pay a fine in the amount of $80. 00 on or
before January 7, 2008.
The Respondenfs were ordered to pay Operational Costs incurred by Code Enforcemenf
during fhe prosecution of this case in the amount of $50. 00 on or before January 7,2008.
22. Case # PU 3166 - BCC vs. Faruk Dzelil
The Hearing was requested by Collier County Code Public Utilities Investigator AI
Sanchez who was present.
The Respondent had been present earlier and had entered into a Stipulation, but left before
the Hearing could be heard.
Violation(s): Ord. 02-17 Sec. 5 and 5.4
Illegal irrigation - Phase II Water Restrictions - Health, Safety and
Welfare Issue
Violation address: 1037 Summerfield Drive
A Stipulation had been agreed to by the Respondent.
The Investigator stated he met with the Respondent. The violation had been abated and all
costs paid.
Finding fhe Notice of Hearing had been properly served, andfinding the violation(s) did
exist buf was CORRECTED prior fo the Hearing, the Respondenf was found GUILTY of
the alleged violation(s) and were ordered fo pay a fine in the amount of $80.00 on or
before January 7, 2008.
The Respondent was ordered fa pay Operafional Cosfs incurred by Code Enforcemenf
during fhe prosecufion Offhis case in fhe amount of $50. 00 on or before January 7,2008.
19. Case # PU 3360 - BCC vs. Beazer Homes CorD
The Hearing was requested by Collier County Code Public Utilities Investigator AI
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December 7, 2007
Sanchez who was present.
The Respondent was not present. The Respondent's representative had been present earlier
and entered into a Stipulation, but left before the Hearing could be heard.
Violation(s): Ord. 02-17 Sec. 5 and 5.4
Illegal irrigation - Phase II Water Restrictions - Health, Safety and
Welfare Issue
Violation address: 270 I Orange Grove Trail
A Stipulation had been agreed to by Dan J. Rooney, an officer of Beazer Homes Corp, on
behalf of the Respondent.
The Investigator stated he met with the Respondent's representative. The violation had been
abated and all costs paid.
Finding the Nofice of Hearing had been properly served, and finding fhe violation(s) did
exist but was CORRECTED prior fo fhe Hearing, the Respondenf was found GUILTY of
fhe alleged violation(s) and was ordered fo pay a fine in the amount of $80.00 on or
before January 7, 2008.
The Respondent was ordered fo pay Operational Costs incurred by Code Enforcement
during the prosecution of fhis case in the amount of $50. 00 on or before January 7, 2008.
23. Case # PU 3364 - BCC vs. Patricia A. Reeder
The Hearing was requested by Collier County Code Public Utilities Investigator Al
Sanchez who was present.
The Respondent had been present earlier and entered into a Stipulation, but left before the
Hearing could be heard.
Violation(s): Ord. 02-17 Sec. 5 and 5.4
Illegal irrigation - Phase II Water Restrictions - Health, Safety and
Welfare Issue
Violation address: 2217 Valencia Lakes Circle
A Stipulation had been agreed to by the Respondent.
The Investigator stated he met with the Respondent. The violation had been abated and all
costs paid.
Finding fhe NOfice of Hearing had been properly served, and finding the violation(s) did
exist but was CORRECTED prior fo fhe Hearing, the Respondent was found GUILTY of
the alleged violation(s) and was ordered fo pay a fine in fhe amounf of $80.00 on or
before January 7, 2008.
The Respondenf was ordered to pay Operational Cosfs incurred by Code Enforcemenf
during the prosecufion of this case in fhe amounf of$50.00 on or before January 7,2008.
21. Case # PU 3165 - BCC vs. Josevh Albano
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December 7, 2007
The Hearing was requested by Collier County Code Public Utilities Investigator Al
Sanchez who was present.
The Respondent was not present.
Violation(s): Ord. 02-17 Sec. 5 and 5.4
Illegal irrigation - Phase II Water Restrictions - Health, Safety and
Welfare Issue
Violation address: 1037 Summerfield Drive
A Stipulation had been agreed to by the Respondent.
The Investigator stated the violation had been abated and all costs paid.
Finding the Nofice of Hearing had been properly served, andfinding fhe violation(s) did
exist but was CORRECTED prior fo the Hearing, the Respondent was found GUILTY of
fhe alleged violation(s) and was ordered to pay a fine in the amount of $80.00 on or before
January 7, 2008.
The Respondent was ordered to pay Operational Cosfs incurred by Code Enforcement
during fhe prosecution offhis case in the amount of $50.00 on or before January 7,2008.
5. PUBLIC HEARINGS
B. Hearings:
5. Case # SO 162369 - Bee vs. Mary Elaine Boucher
The Hearing was requested by the Respondent who was present.
The Respondent's sister, Nancy Gregory, appeared as a witness.
Collier County Deputy Sheriff Keller was also present.
Violation(s): Ord. Sec. 130-67
Parking in a Handicapped Space - blocking access/has permit
Violation address: Oats Plaza at Joann Superstore
The Respondent stated that, due to a physical emergency, she parked her car in the only
spot available and was not blocking anyone's access. She was forced to park where she did
due to the presence of several shopping carts in the handicapped space which blocked the
driver's side of her car. The Respondent stated she has a permit and is very careful not to
abuse the privilege. The Respondent's sister concurred with the Respondent's testimony.
The Deputy introduced photographs which were marked as County's Composite Exhibit
"A" and admitted into evidence.
The Respondent admitted she was over the blue lines of the handicapped space, but she was
"blocking" only plants. She stated the carts had been removed from the handicapped space
when she returned to her car and her handicapped permit was displayed in her vehicle.
Finding fhe Notice of Hearing had been properly served, the Respondent was found
NOT GUILTY of the alleged violafion(s).
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7. Case # SO 161470 - BCC vs. Noemi Torres
The Hearing was requested by the Respondent who was present.
Collier County Deputy Sheriff Anderson was also present.
Violation(s): Ord. Sec. 130-67
Parking in a Handicapped Space - Handicapped Access
Violation address: 1602 Lake Trafford Road, Immokalee, FL
The Respondent stated she did not realize that she was parked in a handicapped space
because of the very faint and faded paint. She stated if space had been clearly marked, she
would not have parked where she did. She introduced a photograph which was marked as
Respondent's Exhibit "A" and admitted into evidence.
The Deputy also introduced two photographs of the location (access aisle) which were
marked as County's Composite Exhibit "k"
Finding the Notice of Hearing had been properly served, fhe Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a fine of $250.00 on or before
February 7,2008, unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
Operational Costs were waived.
12. Case # PU 3278 - BCe vs. Nora Voell
The Hearing was requested by the Respondent who was not present.
Collier County Code Enforcement Investigator Jeremy Florin was present.
Violation(s): Ord. 02-17, Sec. 5 & 5.4
Illegal irrigation - Phase II Water Restrictions - Health, Safety
and Welfare Issue
Violation Address: 3119 53'd Street SW
The Investigator stated he observed the violation at the property on November 19,
2007.
The Special Magistrate stated the Respondent submitted a letter which contained a
defense. The Respondent wrote: "I would like to contest the ticket received on 09/28.
I do not know how to change the settings on my timer. I have turned it off now completely
as not to violate the watering restrictions. I am on a very tight budget and cannot afford
pay this Citation. I can't even afford to have someone come out and show me how the
timer works. I have asked friends and neighbors to help me, but no one knows how to
work the timer."
The Investigator stated there is a company that would come to her home to explain the
system to her without charge. This information will be given to the Respondent.
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December 7. 2007
The Investigator stated the violation has been abated.
Finding the Notice of Hearing had been properly served, and finding the violation(s) did
exisf but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of
the alleged violafion(s) and was ordered fo pay a fine in fhe amounf of $80.00 on or
before January 7, 2008.
The Respondent was ordered fo pay Operational Costs incurred by Code Enforcement
during the prosecution of this case in the amount of$50.00 on or before January 7,2008.
13. Case # PU 3252 - BCC vs. Linda Davis
The Hearing was requested by the Respondent who was present.
Collier County Code Enforcement Investigator Michael Andresky was also present.
Violation(s): Ord. 02-17, Sec. 5.4
Illegal irrigation - Phase II Water Restrictions - Health, Safety
and Welfare Issue
Violation Address: I301 Wisconsin Drive
The Respondent stated she had just returned from vacation in October. She further stated
the law service had been at her property earlier on the day the Citation was issued. The
irrigation system had been properly set for the allowed days. When she checked her timer,
she noticed that one of the pins had been changed.
The Investigator stated he observed the violation on October 29, 2007, but that it has since
been abated.
The Special Magistrate stated that homeowners are responsible for the actions of any
contractors they may hire.
Finding the Notice of Hearing had been properly served, and finding the violation(s) did
exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of
the alleged violation(s) and was ordered to pay a fine in fhe amounf of $80.00 on or
before January 7, 2008.
The Respondenf was ordered fo pay Operafional Costs incurred by Code Enforcement
during the prosecution of this case in the amount of $50. 00 on or before January 7, 2008.
17. Case # PU 3276 - BCC vs. Gre!! E. Taras
The Hearing was requested by the Respondent who was not present.
Collier County Code Public Utilities Investigator George Cascio was present
Violation(s): Ord. 05-54 Sec. 19.C.6
Litter consisting of a computer monitor on a curbside more than
24 hours before scheduled collection day
Violation address: 2672 Tropicana Boulevard
The Investigator stated there have been continual violations of this Ordinance at this
property. He suggested increasing the fine to obtain the Respondent's attention to the
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December 7, 2007
problem.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay afine of $155. 00 on or before
January 7,2008, unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
The Respondent was ordered to pay Operational Costs incurred by Code Enforcement
during the prosecution of this case in the amount of $50. 00 on or before January 7,2008.
24. Case # 2007060546 - BCC vs. Leticia F. Covella
The Hearing was requested by Collier County Code Enforcement Investigator Rob Ganguli
who was present.
The Respondent was not present.
Violation(s): Ord. 04-58, Sec. 7(2)
Rental registration
Violation address: 4748 32nd Ave SW
The Investigator stated the Respondent is not a resident of Collier County. The Respondent
informed the Investigator the property was going into foreclosure. She was required to
register the property as long as it was rented. The violation has not been abated, the
property was still occupied, and foreclosure proceedings have not been recorded.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to obtain a Collier County Rental
Registration on or before December 14, 2007 or a fine of $25.00 per day will be imposed
for each day the violation remains thereafter unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
The Respondent was ordered to pay Operational Costs incurred by Code Enforcement
during the prosecution of this case in the amount of $243.35 on or before January 7,2008.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation(s) had been abated.
RECESS: 11:00 AM
RECONVENED: 11:20 AM
30. Case # 2007080443 - BCC vs. Melinda Guerrero
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent was also present.
Violation(s): Ord. 05-44, Sees. 6, 7 & 8
Unlawful to litter, prohibited accumulation of litter and prohibited dumping
Violation address: 1403 Apple St., Immokalee, FL 34143
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December 7,2007
The Investigator introduced photographs which were marked as County Exhibit "A"
(trucks) and "B" (trucks and trailer) and admitted into evidence.
The property came into compliance on November 8, 2007.
On December 6,2007, the property was in violation again. The Investigator introduced
photographs which were marked as County Exhibit "C" (mat) and "D" (water jug) and
admitted into evidence.
The Respondent stated she did call the Investigator when the property was in compliance.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to remove all litter to a proper
disposal facility, or to store it in a completely enclosed structure on or before December 14,
2007 or afine of $1 00. 00 per day will be imposedfor each day the violation remains
thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondent is unable to comply within this time frame, Code Enforcement may
hire a licensed contractor to remove the litter and the cost for the abatement will be
assessed to the Respondent. If necessary, assistance may be requested from the Collier
County Sheriff's Office.
The Respondent was ordered to pay Operational Costs incurred by Code Enforcement
during the prosecution of this case in the amount of$220.84 on or before February 7,2008.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation had been abated.
31. Case # 2007080444 - BCC vs. Melinda Guerrero
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent was also present.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A)
Inoperable/untagged vehicles(s)
Violation address: 1403 Apple St., Immokalee, FL 34143
The Investigator introduced photographs taken on August 13, 2007 and on October 16,
2007 which were marked as County's Composite Exhibit "A" and admitted into evidence.
The Respondent stated the white car in the photograph was sold and has been removed
from the property.
The property came into compliance on November 8, 2007. The Investigator introduced
two photographs which were marked as County's Composite Exhibit "B" and admitted into
evidence.
On December 6, 2007, the Investigator observed two unlicensed vehicles on the property
and introduced a photograph which was marked as County's Exhibit "C" and admitted into
evidence.
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The Respondent stated the red and white truck belonged to her brother-in-law who moved
it onto their property after he was cited for a violation. Samuel Guerrero stated he told his
brother that he cannot park his truck on the property. The brother-in-law removed the tags
from his truck. He stated if the truck appears on his property again, he will call a tow truck
to remove it.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to either obtain and affIX valid
license plates on all vehicles and to make all vehicles operable, or to remove the vehicles
from the property, or store the vehicles in a completely enclosed structure on or before
December 10,2007 or afine of$50.00 per vehicle per day will be imposedfor each day
the violation remains thereafter unless altered by a subsequent Stipulation or Order of
the Special Magistrate.
If the Respondent is unable to comply within this time frame, Code Enforcement may
obtain compliance by contractor bid-out and the cost for the abatement will be assessed
to the Respondent. If necessary, Code Enforcement may request assistance from the
Collier County Sheriff's Office.
The Respondent was ordered to pay Operational Costs incurred by Code Enforcement
during the prosecution of this case in the amount of $222. 98 on or before February 7, 2008.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation had been abated.
33. Case # 2007060841- BCC vs. Maricela Nunez
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent was also present.
Violation(s): Ord. 04-58, Sec. 7(2)
Rental registration
Violation address: 1401 Orange St., Immokalee, FL
The Investigator stated he met with the Respondent at her home where she signed the
Notice of Violation on August 13,2007. The violation was abated on November 5, 2007.
The Investigator introduced a copy of the rental form as County Exhibit "A."
The Respondent stated she was unaware of the requirement for rental registration until she
spoke to the Investigator in August. She paid for the registration with a money order on
October 4th. The money order was not signed and was returned to the Respondent. She sent
the signed money order back to the County in October. She does not know why it took the
County until November 28th to cash it.
Finding the Notice of Hearing had been properly served, and finding the violation(s) did
exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of
the alleged violation(s) and was ordered to pay Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$105.85 on or before
February 7,2008.
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December 7, 2007
6. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case # 2004090898 - BCC vs. Raymond & Terry Bennett. Richard F. Berman
The County was represented by Code Enforcement Supervisor Patti Petrulli and
=Investigator Reggie Smith.
The Respondent, Raymond Bennett, was present and represented his wife, Terry Bennett,
and their business partner, Richard F. Berman.
Violation(s): Ord. 91-102 Sees. 2.6.7.I.l and Ord. 99-51 as amended by 01-21
Unlicensed vehicles and weeds over 18" on property
Violation address: 5465 Collins Ave
The Investigator stated the violations had been abated.
The Respondent stated that he, his wife and their partner became owners ofthis property in
October, 2007.
Supervisor PetruIIi stated the County was requesting imposition of the Operational Costs
only in the amount of$124.59.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines and
imposed Operational Costs.
2. Case # 2004090246 - BCC vs. Keith Koziatek
The County was represented by Code Enforcement Supervisor Patti PetruIIi and
Investigator John Santafemia.
The Respondent was also present.
Violation(s): Ord. 91-102 as amended, Sees. 2.7.6.1 and 2.7.6.5A, and Ord. 2002-01
Sec. 104.1.1
Garage converted to living space without permits
Violation address: 3055 55th Ter SW
Supervisor Petrulli stated the violation had been abated.
The County requested imposition of Operational Costs of $167.74, together with fines in
the amount of $6,250.00 for the period from August 4, 2005 through December 7, 2005
(125 days @ $50/day) for a total fine of$6,417.74.
The Respondent stated when he purchased the home he was unaware of the violation and
he paid over $5,000 to correct the violations. The various contractors were very slow in
obtaining the permits, and completing the work.
Investigator Petrulli stated the County would have no objection to waiving the fine and
imposing payment of the Operational Costs only in the amount of$167.74.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines and
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December 7, 2007
imposed Operational Costs.
3. Case # 2007050928 - BCC vs. Rachel Bueno & Juan Bueno
The County was represented by Code Enforcement Supervisor Patti PetruIIi and
Investigator Renald Paul.
The Respondent, Rachel Bueno, was present and represented her husband, Juan Bueno.
Violation(s): Ord. 04-41 as amended, Sees. 4.05.03(A)
V ehicle( s) parked on grass
Violation address: 5349 Georgia Ave
Supervisor PetruIIi stated the violation has been abated.
The County requested imposition of Operational Costs of$191.94 together with fines in
the amount of $450.00 for the period from September 25, 2007 through October 4, 2007
(9 days @ $50/day) for a total fine of $641.94.
The Respondent requested the fines be waived due to financial hardship. She spoke to both
the Investigator and to Supervisor Susanna Capasso who recommended waiving the fines.
Investigator Petrulli stated the County would have no objection to waiving the fine and
imposing payment of the Operational Costs only in the amount of$191.94.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines and
imposed Operational Costs.
4. Case # 2007020548 - BCC vs. Fortino Mendez
The County was represented by Code Enforcement Supervisor Patti Petrulli.
The Respondent was also present.
Violation(s): Ord. 04-41 as amended, Sec. 2.0 1.00(A)
Unlicensed/inoperable vehicle(s)
Violation address: 36 I 0 White Blvd.
Supervisor Petrulli stated the violation had been abated.
The County requested imposition of Operational Costs only in the amount of$201JO.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines and
imposed Operational Costs.
5. PUBLIC HEARINGS
B. Hearings:
25. Case # 2007020109 - BCC vs. Anl!el K. Carrasco & Blanca Carrasco
The Hearing was requested by CoIIier County Code Enforcement Investigator Renald Paul
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December 7, 2007
who was present.
The Respondents were not present.
Violation(s): Ord. 02-01 as amended, Sec. 104.5.1.4
Fence permits
Violation address: 1801 55th Ter SW
The Investigator introduced the following photograph which were marked as County's
Exhibits and admitted into evidence:
Exhibit "A" - photograph of damaged fence,
Composite "B" - photograph of posting of Notice of Violation at Courthouse,
photograph of Notice of Violation posting at duplex,
photograph of Notice of Hearing posted at Courthouse,
photograph of Notice of Hearing posted at residence
Exhibit "C" - photograph of Notice of Violation served at first appearance
Composite "D" - photograph of first Permit # 2006073 I 60 and photograph of
second Permit # 2007030667
In January, 2007, the Investigator stated he met with the Respondent who stated he would
repair the fence immediately. The repairs to the fence had been completed but a Certificate
of Completion had not been issued. Both permits have expired.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to either obtain a Collier County
Building Permit, all required inspections and a Certificate of Completion on or before
January 7, 2008 or obtain a Collier County Demolition Permit, all required inspections
and a Certificate of Completion on or before January 7, 2008, or afine of$100.00 per day
will be imposed for each day the violation remains thereafter unless altered by a
subsequent Stipulation or Order of the Special Magistrate.
The Respondents were ordered to pay Operational Costs incurred by Code Enforcement
during the prosecution of this case in the amount of$254.27 on or before January 7,2008.
The Respondents are to notify the Investigator within 24 hours of a workday to concur the
violation had been abated.
26. Case # 2007070238 - BCC vs. William L. Greeman
The Hearing was requested by Collier County Code Enforcement Investigator Christopher
Ambach who was present.
The Respondent was not present.
Violation(s): Ord. 05-44, Sees. 6 & 7
Unlawful to litter and prohibited accumulation of litter
Violation address: Parcel #01210520007 (no address number for property)
The Investigator introduced the following documents which were marked as County's
Exhibits and admitted into evidence:
Composite "A" - 5 pages of photographs taken on July 9, 2007
Composite "B" - 20 pages of photographs taken on October 24, 2007
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December 7,2007
The Investigator stated the violation had not been abated.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to remove all litter to a proper disposal
site or to store all items within a completely enclosed structure on or before January 7,
2007, or afine of $100. 00 per day will be imposedfor each day the violation remains
thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondent is unable to comply within this time frame, Code Enforcement may
obtain compliance by contractor bid-out and the cost for the abatement will be assessed
to the Respondent. If necessary, Code Enforcement may request assistance from the
Collier County Sheriff's Office.
The Respondent was ordered to pay Operational Costs incurred by Code Enforcement
during the prosecution of this case in the amount of $247.86 on or before January 7, 2008.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation had been abated.
27. Case # 2007070239 - BCC vs. William L. Greeman
The Hearing was requested by Collier County Code Enforcement Investigator Christopher
Ambach who was present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A)
Inoperable/untagged vehicle(s)
Violation address: Parcel #01210520007 (no address number for property)
The Investigator introduced the following documents which were marked as County's
Exhibits and admitted into evidence:
Composite "A" - 3 pages of photographs taken on July 9, 2007 (red van without
tags and white van cut in half)
Composite "B" - 4 pages of photographs taken on October 24, 2007
Composite "C" - 4 photographs taken on December 5, 2007
The Investigator met with an individual who stated he was the owner's son but who refused
to give his name or sign the Notice of Violation. The Notice was sent via Certified mail
and delivery was confirmed by the U.S. Postal Service. Some vehicles have been removed,
but the violation has not been completely abated.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to obtain and afFIX valid license plates
to all vehicles and make all vehicles operable, or remove the vehicles from the property, or
store the vehicles within a completely enclosed structure on or before December 14, 2007
or afine of $50. 00 per day will be imposedfor each day the violation remains thereafter
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondent is unable to comply within this time frame, Code Enforcement may
obtain compliance by contractor bid-out and the cost for the abatement will be assessed
to the Respondent. If necessary, Code Enforcement may request assistance from the
Collier County Sheriff's Office.
The Respondent was ordered to pay Operational Costs incurred by Code Enforcement
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December 7, 2007
during the prosecution of this case in the amount of$247.86 on or before January 7,2008.
The Respondent is to notify the Investigator within 24 hours of a workday to concur the
violation had been abated.
32. Case # 2007070573 - BCC vs. Jessica Guerrero
The Hearing was requested by Collier County Code Enforcement Investigator Jonathan
Musse who was present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Sec. 2.0I.00(A)
Inoperable/untagged vehicles(s)
Violation address: 1401 Apple St., Immokalee, FL 34143
The Investigator introduced the following documents which were marked as County's
Exhibits and admitted into evidence:
Composite "A" - 2 pages of photographs taken on July 18, 2007
Composite "B" - 4 pages of photographs taken showing abatement
The Investigator stated the violation had been abated.
Finding the Notice of Hearing had been properly served, and finding the violation(s) did
exist but was CORRECTED prior to the Hearing, the Respondent was found GUILTY of
the alleged violation(s) and was ordered to pay Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$247.37 on or before
January 7, 2008.
C. Emergency Cases:
1. Case # 2007110459 - BCC vs. Henrv Tesno and Jill Weaver
The Hearing was requested by Collier County Property Maintenance Specialists Joe Mucha
who was present. Collier County Deputy Sheriff Mike Nelson was also present.
The Respondents were not present.
Violation(s): Ord. 04-58, Sec. 6, Sub sees. 10& II
Minimum housing
Violations address: 3069 Lunar Street, Naples, FL 34 112
In November, Cpl. Nelson stated he had been contacted by Naples Water and Utilities
concerning a water meter which had been removed from another property and installed at
3069 Lunar Street. This is a Health, Safety and Welfare issue since the facilities were
unable to be used due to lack of water.
The Investigator stated the power had also been turned off to the property. He was unable
to contact the property owners and posed the property. He recommended notifying the
tenants that they must move from the premises and to board up the property.
The Special Magistrate stated the County could begin foreclosure proceedings since the
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December 7, 2007
owners appear unwilling to take responsibility for the property. She stated the property is
not fit for occupancy in its current condition.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to restore both water and electrical
services to the premises or have the tenants vacate the premises on or before December 14,
2007, or afine of$500.00 per day will be imposedfor each day the violation remains
thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondents are unable to comply within this time frame, Code Enforcement may
obtain compliance by contractor bid-out to board up the property and the cost for the
abatement will be assessed to the Respondents. If necessary, Code Enforcement may
request assistance from the Collier County Sheriff's Office.
The Respondents were ordered to pay Operational Costs incurred by Code Enforcement
during the prosecution of this case in the amount of $247. 07 on or before January 7,2008.
The Respondents are to notify the Investigator within 24 hours of a workday to concur the
violation had been abated.
The Special Magistrate ruled the County is to make every effort to notify the tenants of
the Order and the possibility of that they may have to vacate the premises.
6. NEW BUSINESS
A. Motion for Imposition of Fines:
5. Case # 2007011034 - BCC vs. Joseoh M. Nero and Janice M. Nero
The County was represented by Collier County Code Enforcement Supervisor Patti Petru IIi.
The Respondents were not present.
Violation(s): Ord. 04-58 Sec. 7(2)
Rental registration
Violation address: 729 10th Ave N
Code Enforcement Supervisor PetrulIi stated the violation had been abated.
The County requested imposition of Operational Costs only in the total amount of$237.89
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines and
imposed Operational Costs.
6. Case # 2007011035 - BCC vs. Joseoh M. Nero and Janice M. Nero
The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli.
The Respondents were not present.
Violation(s): Ord. 04-58 Sec. 7(2)
Rental registration
Violation address: 552 97th Ave N
Code Enforcement Supervisor Petrulli stated the violation had been abated.
The County requested imposition of Operational Costs only in the total amount of$237.89
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December 7, 2007
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines and
imposed Operational Costs.
7. Case # 2007010541 - BCC vs. Joseph M. Nero and Janice M. Nero
The County was represented by Collier County Code Enforcement Supervisor Patti Petrulli.
The Respondents were not present.
Violation(s): Ord. 04-58 Sec. 7(2)
Rental registration
Violation address: 400 Flagship Dr
Code Enforcement Supervisor Petrulli stated the violation had been abated.
The County requested imposition of Operational Costs only in the total amount of $237.89
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines and
imposed Operational Costs.
7. OLD BUSINESS -None
8. CONSENT AGENDA:
A. Recommendation to approve the Imposition of Lien for owners of record who failed
to pay invoices resulting from nuisance abatement violation enforcement actions.
The Special Magistrate reviewed the Request, approved it as submitted and signed the
Orders.
9. REPORTS: - None
10. ANNOUNCEMENTS:
The Special Magistrate noted that December 1h was the anniversary of Pearl Harbor. She
stated her gratitude for the service of those who came before and those servicemen and
woman who are currently serving in the Armed Forces.
As a public service announcement, the Special Magistrate stressed the irrigation guidelines
of the Ordinance are to be strictly observed during this water crisis situation. The public may
contact the Code Enforcement office directly for further information.
The Special Magistrate stated a Public Forum would be held on January 31, 2008 at 9:00AM in
the BCC Chambers. The purpose of the Forum is to give the public an opportunity to learn
more about how a case comes before the Special Magistrate and the Hearing process. There will
be mock hearings with public participation invited.
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December 7, 2007
11. NEXT MEETING DATE - January 4, 2008
The Special Magistrate announced the January 4th Hearing will be held at 9:00 AM in the
Board of County Commissioners Chambers located in Building "F," 3'd floor, of the
Government Complex on Tamiami Trail.
There being no further business for the good of the County, the Hearing was adjourned by
Order ofthe Special Magistrate at 1:10 PM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
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Sial Magistrate, a Garretson
These Minutes were' approved by the Special Magistrate on
as presented ../ , or as amended .
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TRANSCRIPT OF THE MEETING OF THE CLAM BAY
COMMITTEE OF THE PELICAN BAY SERVICES DIVISION
,
Naples, Florida, November 21,2007
LET IT BE REMEMBERED, that the Clam Bay
Committee of the Pelican Bay Services Division Board
met on this date at 10:00 a.m. in REGULAR SESSION at
the Hammock Oak. Center, 8962 Hammock Oak. Drive,
Naples, Florida, with the following members present:
IN ATTENDANCE: John Domenie, Chairman
Mary Anne Womble
James Burke .
John T. Petty
Misc. Corres:
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Date cloj.:;1 .~
Item#:
536
Copies to:
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CHAIRMAN DOMENIE: Good morning, everybody.
Do you want to have a roll call, John, please?
MR. PETTY: Mr. Burke.
MR. BURKE: Here.
MR. PETTY: Ms. Alvarez is absent. Dr. Raia is absent.
Ms. Womble.
MS. WOMBLE: Here.
MR. PETTY: Chairman Domenie.
CHAIRMAN DOMENIE: Here.
The next order of business is approval of the minutes of the
October 17th meeting.
Any changes, any recommendations, any comments?
MR. BURKE: I'm fine with it. I didn't realize it was a two-sided
page.
CHAIRMAN DOMENIE: You were only reading the off pages?
The minutes are kind of small. They are two-sided now to save on
paper.
Do I have a motion from anybody?
MS. WOMBLE: So moved.
MR. BURKE: Second.
CHAIRMAN DOMENIE: All in favor.
(A unanimous show of ayes.)
CHAIRMAN DOMENIE: Opposed?
Motion passed.
Next item, audience participation.
Somebody from the audience, please speak up.
I see we have something on the screen there, John. Do you want
to get into that before we get into the minute -- into the agenda?
MR. PETTY: We might as well, Mr. Chairman. It would be
fine.
It's something that staff put together in the last couple of days to
try and put a foundation to -- it's very simple language on what it is
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that we do in water management, since we are discussing it on so
many different levels. And water quality has come up as an issue, and
I think we're going to be discussing it later.
And, with that, we'll go ahead and start it.
CHAIRMAN DOMENIE: I moved.
,
MR. PETTY: Basically, we're trying to introduce the public to
our system, talking about the resources that we have, how we have
always protected those resources since the beginning of the
development 25 plus years ago.
We have a little animation on the water management system
itself, which is made up of dry and wet retention areas, detention
areas.
In this case, we're showing a side view of one of our lakes.
We've been having a rain event. Stormwater comes in with some
suspended material. That is anticipated. We have designed for it. We
hold it within our water management facility for up to three days or
possibly longer if the event is less than the 25-year event.
During that time, natural occurring bacteria in the water
management system starts to break down this material and can remove
upwards of 85 percent.
By the end of Day 3, the water condition is basically back to
where it was before the run-off came into the lake system.
Keep in mind that our lakes were sized for a 25-year rain event
so that the normal rainfall that you see every afternoon during the
summer usually stays for much longer than three days, and we get
typically higher than the 85 percent reduction capability.
We bring this up, as we are going to be discussing, later on in the
minutes, the Clam Bay nutrient loading issue. We have been
monitoring this for some 25 years and have found over 25 years that
our water management system is working very, very well.
To talk a little bit about Pelican Bay, we have this small movie.
(Playing movie.)
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MR. PETTY : We really didn't need to talk any further until we
got to this slide. We talk about post runoff, which means after
development, is equal to or less than the pre-runoff coefficient. What
that means is the water discharge to the bay system cannot be any
greater than what it was before we built the roads and the driveways
and the homes. That's also part of our water management
responsibilities.
We also talk about how, for 25 years, we have been taking water
quality data from our system and from the bay that is the ultimate
discharge for our surface water and have found our system to be in
compliance. So for 25 years, we have a faultless compliance record as
well.
Are there any questions?
If not, we'll move on.
MR. BURKE: The 25-year event, I've heard that before. That
means, on average, every 25 years, something big comes through?
MR. PETTY: That's correct.
MR. BURKE: Like a hurricane bringing huge amounts of rain.
MR. PETTY: We take water management rain events --
typically, the requirement is a ten-year storm event. We use a 25-year
storm event, which is unusually responsive.
MR. BURKE: And that comment about the run-off
predevelopment, right?
MR. PETTY: No more water can hit the bay system after
development than what is hitting the bay system before development,
in quantity. So even though we have impervious areas, concrete and
sidewalks, et cetera, roadways, systems, homes, they have to be
retained, and then limited in our spreader swale, and then bled through
slowly so that no more water hits that bay system per day after
development than before.
CHAIRMAN DOMENIE: But, John, neither Wilma nor Charley
were classified as a 25-year event, as far as rainfall was concerned?
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MR. PETTY: That's correct. We have had only one in my
experience. Kyle may know others. The one that I refer to was the no
name storm that happened in the early '80s. In remember correctly, it
was something like 16 inches in 24 hours. So it not only met the
25-year storm event, it actually went higher than that. It was closer ,to
the hundred-year storm event that it actually met. And our water
management system worked flawlessly.
We had areas that detained the water on the golf course. I can
remember the walking catfish going hole to hole as if they had a tee
time.
But a lot of those areas are meant to hold water for periods, and
they did so. And the water, basically, within 48 hours, had returned to
its normal areas of the lakes and swales and the discharge to the bay
was kept under the control of the system.
CHAIRMAN DOMENIE: Because we have the -- it's called --
MR. PETTY: The weirs and boards with the bleeder orifices.
CHAIRMAN DOMENIE: The weirs and the boards to control it.
MR. PETTY: Yes.
CHAIRMAN DOMENIE: Thank you very much. I think:
something like that we should show to something like the men's
coffee.
And, in that connection, if anybody has any contact with Joe
Adams of the men's coffee, I would very much like them -- IE-mailed
to Joe Adams suggesting that the Pelican Bay Service Division give a
small presentation to the men's coffee, but I've never been able to get a
response from him. So if -- if anybody has contact with Joe Adams, I
certainly would appreciate it, to give the services division an
opportunity to talk about the bay system.
CHAIRMAN DOMENIE: I don't know.
Jim, do you know?
MR. BURKE: Coleman is a regular.
MR. COLEMAN: If we were to contact him, can we say, with
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assurance, that we can guarantee him 45 minutes of a program?
CHAIRMAN DOMENIE: I have 45 minutes, so sometime in
January would be best.
MR. COLEMAN: I know he has some available times.
CHAIRMAN DOMENIE: Thank you very much.
MR. BURKE: Can you use the slide presentation, too?
CHAIRMAN DOMENIE: I don't know. If -- we wouldn't have
time, probably, but this certainly is something to be considered.
MR. COLEMAN: Come up. I know you are out of order, but
we're a small meeting.
Identify yourself, please.
MR. CRAVENS: My name is Tom Cravens.
CHAIRMAN DOMENIE: Is that mike working?
MR. PETTY: It never does. Most of it is our fault, though.
MR. CRA VENS: My name is Tom Cravens and I'm the
president of the Mangrove Action Group.
I think that you've done an excellent job with this and I would
certainly like to see it utilized.
I'm reminded, a lot of times, there was a -- the Chamber of
Commerce of Naples, back in the early 1970s or late 1960s, spent
$10,000 on a film production called Naples, Guardian of the
Everglades. It was shown one time at the chamber of Commerce and
sat on a shelf until three years ago when Naples Daily News got ahold
of it and made copies of it and distributed it.
I would likes to see lots of copies of this distributed throughout
the community. It's an excellent presentation and really gets across a
very good message, I think. And I hope some sort of distribution
claim can be developed. Possibly Channel 96 here in Pelican Bay
could use it. That would be one way to do it, or maybe have free
copies available to people at the Commons.
MR. PETTY: Mr. Chairman, if I may say, it is a public record,
now that it's been shown at the meeting. The rights that are withheld
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at the end are basically for the division, so that -- so that we can
certainly put this on a DVD and make it available, and Barbara can
distribute it as a public record.
CHAIRMAN DOMENIE: Well, if you could make that
available, I would take it over to the foundation to see if they can p,ut
it on Channel 96. And perhaps, if we have a men's coffee, where the
speaker is only going to be half an hour, we could introduce that at the
same time.
MR. COLEMAN: I think a whole program really needs to be
done, visuals as well as an explanation. That needs some preparation.
MR. BURKE: That is, what, five minutes?
MR. PETTY: Yes.
MR. BURKE: Could be a good lead.
CHAIRMAN DOMENIE: Let's see what we can do about that,
then.
MR. PETTY: All right, sir.
CHAIRMAN DOMENIE: If you'll give me a copy, I'll try to get
it on Channel 96. Thank you.
I see Gary McAlpin has joined us. Do you have anything? You
missed the audience participation. Is there anything that you would
like to comment on, perhaps, before we get started?
MR. McALPIN: Mr. Chairman, I have no comments.
MR. BURKE: Gary is beyond audience.
CHAIRMAN DOMENIE: Well, he's sitting in the audience.
Next item, the best management practices by the Pelican Bay
Services Division. This actually refers to what we do, and part of it
was right there on the screen. But I also checked with Kyle as to what
sort of fertilizer we're using and how often we're using it.
And, Kyle, if you have a moment, do you want to just comment
on it, how often we fertilize and what sort of fertilizer we do use?
MR. LUKASZ: We fertilize the turf four times a year at a rate of
half a pound of nitrogen for a total of two pounds of nitrogen per year.
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Phosphorous, we try to use as low a phosphorous level as possible.
Lately, we have been putting down 2 percent phosphorous.
Shrubs and ornamentals, we fertilize twice a year, both fall and
spring. Through the course of the year, depending on the growth
pattern of certain plants, we may put some additional fertilizers do~,
but we use slow release nitrogen and we have our phosphorous levels
as low as we can.
CHAIRMAN DOMENIE: You say flowering shrubs we do
twice per year, but that does not refer to the ones at the end of the
medians where we change three times per year.
MR. LUKASZ: I'm saying certain plants, through the course of
the year, we put down additional fertilizers, but for our ornamentals,
we fertilize on a schedule of October and March.
CHAIRMAN DOMENIE: Okay. .
MR. PETTY: Mr. Chairman, as you may recall from our
conversation, the palm trees also get very specific. And it depends on
the type of palm tree. Most of the cabbage palms, I don't know what
your schedule is, but they have a specific diet. Ixoras have a specific
diet.
But, generally speaking, those are the fertilizing schedules that I
believe that we have. And the intent is to limit phosphorous to its
minimum requirement in the field. We understand it is possible
loading to the system. But the system is designed to carry a certain
amount of load, as we just showed.
MR. BURKE: Do the shrubs and ornamentals require
phosphorous at all?
MR. LUKASZ: Some of the flowering plants. We're using an
18/12, which is a 2 percent phosphorus.
MR. PETTY: There are specific plants that do require it. It is
not recommended that you withhold it from certain plants. Turf
grasses, it depends on where they are and soil conditions or whether
you can do without it for long periods. And the recommendation is to
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start weaning it down, which is why we're down to that 2 percent
level. And we may go down even further.
The public rights-of-way may be some of the toughest places to
grow sod because we have road bed material in those areas where we
are growing sod. There isn't a lot of soil. That is something that 'Ye
have to watch. So if we limit the food source, we'll have to monitor it,
and if we see where it starts lose and turn yellow, we may have to
come back. But it is something we're we're trying to wean down.
CHAIRMAN DOMENIE: Kyle, I'm going to ask you a question.
You may not know the answer.
We buy all of our fertilizer through the county. Collier County
gets a large discount, et cetera.
MR. LUCASZ: Right.
CHAIRMAN DOMENIE: Do they buy any fertilizer with 0
percent --
MR. LUKASZ: Occasionally, we'll use like an 8015, which has
zero phosphorus.
CHAIRMAN DOMENIE: But we get that through the county?
MR. LUKASZ: Right. We can have it custom blended, but it's
through the county bid. It is an annual bid for fertilizers.
CHAIRMAN DOMENIE: Basically, when you see what the
county is using on the medians and everything, that contains
phosphorous? I'm only thinking because eventually some of that may
come, the medians along 41, some of that, if there is a heavy rain, that
will end up in our system. So do you know what they are using there?
MR. LUCASZ: It's my understanding they are using that 8TI2
as well, which is a 2 percent phosphorous.
CHAIRMAN DOMENIE: Thank you.
MR. LUCASZ: Okay.
CHAIRMAN DOMENIE: Mike, if I may ask you, what does the
city use on its medians? Do you have any idea?
MR. BAUER: I really don't have an idea, but you could ask Joe
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Biasella, our parks and parkways person. He would know. I think
we're going to introduce an ordinance to the .city where we're going to
try and get to the zero phosphorous. The thing is, if you are going to
go to zero phosphorous, you may have to change the plants you have
in your landscaping. That's the biggest issue.
CHAIRMAN DOMENIE: Thank you.
MR. BURKE: John, best management practices, that's a title for
a program, right? I mean --
MR. PETTY: It's a title used for a lot of different things. In this
particular case, we're talking about a specific program coming from, I
think it's the Department of Agriculture, DEP and South Florida Water
Management District, to name a few, who are trying to get fertilizer
use under control.
There are a lot of people throwing fertilizer out there. And in
America, we believe more is better, right? So we throw more out
there and it ends up not being used by the plants but being washed into
the lakes.
MR. BURKE: A few years ago, Tim, you were touting this, at
least within Pelican Bay, right, something similar?
MR. HALL: That's correct. We've been--
CHAIRMAN DOMENIE: Identify yourself, Tim.
MR. HALL: Tim Hall, Turrell, Hall & Associates.
We have been talking about it for probably five or six years now.
CHAIRMAN DOMENIE: But you were never successful in
selling your program to any of the condo associations, were you? I
think one of them accepted it.
MR. HALL: We did landscape plans for a couple of -- The
Coronado, we did. And we also did a plan for the Ritz Carlton. And
essentially what it was, was we were coming into existing
communities or existing, you know, associations, and looking at the
plant pallets that they had, the irrigation systems and so forth, and
coming up with a site specific landscape management plan for them
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that was really aimed at source control, reducing the amount of
pesticides and herbicides that they needed on the property, and
integrating that with the irrigation system so that the [mal or end result
would be less material available to run off into the local waters.
CHAIRMAN DOMENIE: We heard from Ed Sterous about two,
.
three years ago, that they were very successful in reducing their
fertilizers without any negative effect on their plants.
MR. HALL: I think they actually cut back almost, I think, it was
like 30 or 40 percent.
CHAIRMAN DOMENIE: Yes.
MR. HALL: They were, I think, fertilizing three times a year
and they went down to twice a year.
CHAIRMAN DOMENIE: And we also heard from the golf club,
what they do, and that apparently they use good best management
practices, which I understand is not only limited to fertilizers and
herbicides, but also to watering, right?
MR. HALL: Correct. Yes.
CHAIRMAN DOMENIE: Okay. Thank: you.
MR. BURKE: A few years ago, when Naples Cay had that
mediation -- do you remember?
MR. HALL: Yes.
MR. BURKE: They had to do something to -- your company
was going to get involved within Pelican Bay as part of that
mediation. And, in effect, you were going to introduce, what, I guess
best management practices, whatever it was called, right?
MR. HALL: That was a proposal that they had put forward. We
never went anywhere with that because there was some, I guess,
political issues involved, as well as operational ones. So that didn't --
that didn't actually come to pass.
But it is -- right now, the plan that we've got set up is kind of
geared towards, or we're looking at doing something very similar in
Port Royal. And that's tied to some permits and some permitting that
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is under review around Naples Bay, and then those permits -- part of
their mitigation program would be to contribute to something like that.
MR. PETTY: Mr. Chairman?
CHAIRMAN DOMENIE: Yes.
MR. PETTY: If I could. The program, I think, it has a na.Il}e.
It's called green something.
MR. HALL: The company name is Green Home Services.
MR. PETTY: And I've discussed it with Mr. Terrell, and we've
discussed it here, of course, a couple of times over the last several
years, and there is nothing wrong with being for the environment. In
our particular case, it is somewhat problematic in that we are different,
in that we designed the system, where our neighbors have not.
The City of Naples pre-dates water management criteria on
planned unit developments. Port Royal as well. And these entities
have direct discharge to the bay systems. We have a multi-million
dollar water detention system that we operate and maintain at a fairly
high cost each and every year, and we didn't want to tell the residents
that they were paying these millions of dollars for something that
didn't exist. And the Green Home Service system is designed for
direct discharge.
We built this system with the intention of taking what was
considered to be, by the engineers, a calculated, average run-off
amount of nutrients from the home, and treat it and remove it and
deliver it to the bay system water of equal to or lesser nutrient loading
than what it was receiving before development.
And, since we do that, I don't know that we can give -- the
program that they have, we would have to modify it so that we would
say, well, this is a good practice. It doesn't alleviate your
responsibility in operating the existing water management system,
which guarantees it.
I'll give you another problematic issue is the system is built with
live bacteria, naturally occurring in the lakes. This is the same
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bacteria that is used in the wastewater industry to treat your sanitary
sewers out of your homes. It is a food to microorganism ratio you
must maintain in waste water management industry to get this thing to
work. You can't put more food in front of the same number of bugs
and expect the same results. Same thing happens in your lake. .
So, if we tend to be steady, the lake system works very well. If
we tend to have a sudden drop-off of a food source, we will see a
result in the lakes, because the bacteria will have to die off and then
rebuild and stabilize.
So again, we don't really want to charge in and make too much of
a change. We want to make it nice and slow. Thank you.
MR. BURKE: Mr. Chairman, isn't the foundation, they are
embarking on a best management practices, right?
CHAIRMAN DOMENIE: Yes, they are. They are trying to
promote it and they are going to have some meetings about that so that
should help.
But again, we're talking about a system that is working well, and
we're just trying to see what other steps, not necessary, but would help
in the long run.
MR. BURKE: As I recall, Tim, when we talked about it a couple
of years ago, this thing included better ways and more effective ways
to irrigate, right, and then use of native plants that require less water.
There were a lot of things to it that seemed to make a lot of sense.
MR. HALL: Right. And it's not -- the program was in no way
designed to go in and say that groups or associations or anything were
doing anything wrong. It was merely proposed to look at what is
happening, because a lot of older communities were designed -- I
mean, it made sense. They were designed, you know, state of the art
at the time. But changes then over time -- plant material dies and, you
know, the landscape committees or whatever, they make replacements
in all of the plants, thinking about the appearance, but don't a lot of
times take that a step further.
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So what you have is an older irrigation system that is watering a
new landscape plan. And it may not -- they may not mesh exactly the
way they should. If you have, like, shrubs being watered on the same
zones with your lawns or with your turf, and they have different
requirements, then one side is either being overwatered ,or
underwatered, so you are not making the most efficient use of your
irrigation system.
And that's what the Green Home Services and the landscape
management plan is, actually a plan or booklet that the association
would then have to allow them to coordinate better with their
landscape companies to make sure that those different criterion in
terms of fertilizer use, irrigation and landscape plans and all are
integrated into the most efficient type of system.
CHAIRMAN DOMENIE: Thank you.
Tom? I mean, we're a small group.
Normally, we wouldn't accept it. And who are you?
MR. BRADINSON: Tom Bradinson, president of the Mangrove
Action Group.
CHAIRMAN DOMENIE: Thank you.
MR. BRADINSON: My wife and myself met with the president
of the foundation, Jim Hopinschtadt, and he embraced the idea of best
management practices.
There have been two articles that appeared in the Pelican Bay
Post regarding best management practices.
CHAIRMAN DOMENIE: Written by a young lady related to
you?
MR. BRADINSON: Yes. They are -- The Complete Best
Practices Management Manual can be found on the Pelican Bay
website, and it's available to anyone who wants to read it. It's very,
very extensive. It covers selection of plants. You have fertilizer, use
of pesticides, use of herbicides, use of watering and irrigation.
Mike Bauer has done some wonderful things in the City of
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Naples. It's what the Mangrove Action Group would like to see. We
would like to see that every person involved in landscaping in Pelican
Bay be trained in best management practices.
We would like to see the supervisory personnel and we would
like to see those individuals that are out there making fertili~er
applications, we would like to see them trained. And, quite frankly,
they are not trained and there are some very poor landscaping
practices going on, which I've witnessed on several occasions.
On my way over here, I saw sprinklers running. Now, it's my
understanding that sprinklers aren't supposed to be utilized after 8:00
a.m. in the morning, but I constantly see, throughout Pelican Bay,
widespread violations. These really should be addressed. And I
would like to see the services division require that all of the Pelican
Bay Services Division employees that are doing work in the field go
through a training. It only takes --
CHAIRMAN DOMENIE: Tom, for your guidance, that subject
has already been discussed and has already been determined, that all
of our employees, not only supervisory personnel, but all 18 will take
that course.
MR. BRADINSON: Excellent.
CHAIRMAN DOMENIE: We're talking to Rookery Bay --
MR. BRADINSON: Alberto Chavez.
CHAIRMAN DOMENIE: -- that they come to us for one day
rather than have us go there. So that has been discussed and that will
be implemented.
MR. BRADINSON: The next thing we want to see happen is
for individual condominiums. And that is going to be an extremely
formidable task to do. It's something that we really need to do.
CHAIRMAN DOMENIE: I think that is something where the
foundation, really, through the president's council--
MR. BRADINSON: Exactly.
CHAIRMAN DOMENIE: -- and other organizations --
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MR. BRADINSON: I believe Mike is going to appear before the
president's council and some other people to talk about best
management practices.
But again, if you want to see what it's all about, go to the Pelican
Bay website. There is a green bar. You click on it and you c~
download the whole PDF manual.
CHAIRMAN DOMENIE: Thank you very much.
Anything else on this subject?
Let's go on to the next one, Bay Colony report. You've received a
copy of that. I was asked by Bob Nagelly, who is the chairman of the
Pelican Bay Foundation, to meet with Chris Andrews at Bay Colony,
and I met with him. And basically I -- I don't want to go into detail
now, because I have some slides that we'll show at our general
meeting in December, but basically Chris tells me that, for the last five
years, for their sod, they have been using fertilizers with zero percent
phosphorous. And I looked at three specific areas, and I took pictures
of that.
And I have asked Kyle and John and the budget committee to
approve taking samples in those three lakes, although, in my opinion,
there is absolutely nothing in them. And, of course, at this time of the
year, there is no run-off. But, nevertheless, I asked just to check it,
just to give, perhaps, Bay Colony assurance that their water quality is
fine.
So basically that's what this memo is about.
Do you have any thoughts?
MR. BURKE: Nothing.
MS. WOMBLE: Yes, I have thoughts, but no, I don't have
anything to say.
CHAIRMAN DOMENIE: Let us have your thoughts.
I really can't comment any further than the pictures will tell the
story by themselves.
MR. BURKE: Essentially, what you are saying is, they are doing
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what we would like to do in all of Pelican Bay. The basic part is the
fertilizer.
CHAIRMAN DOMENIE: I'm only talking about sod, grass. For
palm trees and certain flowers and flowerbeds, yes, they do use some
other fertilizers. But, you know, owners want to see green grass al)d
they want to see lots of colored flowers, and they are not always in
agreement with, shall we say, only applying fertilizers twice per year.
So that is an education that we have to go through.
The next item, dodder vines. I gave Jim Hopenstadt a list of
about 15 locations where I saw dodder vine. And, on my way over to
the foundation meeting on Monday, I saw four more locations. And
one of the worst infestations is at the empty lot south of the
marketplace, and the marketplace itself is covered with vine. And I
gave him a list of specific locations, house numbers, et cetera, where
they are. And I also suggested to them that, since these are private
locations, that perhaps they could send out a memo informing the
residents that they do have this dodder vine infestation and that my
suggestion is perhaps that the foundation rent a cherry picker, which
they can then make available, let's say at $50 per household, in order
to remove that dodder vine. Because it is spreading and it is spreading
rapidly.
Now, I'm told by Tim -- but my, of course, concern is not about
the private residences. My concern is the mangroves. I understand
dodder vines basically need ground, solid ground to get their start, and
that they don't like salt environment.
Is that correct?
MR. HALL: That's correct.
CHAIRMAN DOMENIE: So, shall we say, for the time being,
we do not have to worry about dodder vine getting into the
mangroves, and I don't know if they like mangroves for that matter,
because I think they can be very selective as to what trees they like.
MR. HALL: We're not seeing any in the mangroves right now.
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There are some other vines out there that you see along the berm and
all, but the love vine isn't one of them.
CHAIRMAN DOMENIE: I haven't seen any either.
MR. BURKE: Any dodder vine that is on county property or
foundation property is our responsibility. We need to get rid of it,
right?
CHAIRMAN DOMENIE: Actually, not the foundation property,
but yes, we would do it. And there are certain areas. We have already
addressed them. One of the problems is we cleaned out about ten trees
along U.S. 41. We also did some trees along Pelican Bay Boulevard.
But it's very difficult to get rid of it all.
And I pointed out to Kyle that there are four trees along 41
where, way at the top, you can see just a few little strands of the vine.
And I presume that that will grow again~ It's very difficult to get rid of
it.
In the article that I have here in front of me -- Kyle, perhaps
whenever we clear the trees -- of course, they say two things: One,
spread plastic underneath the tree when you are getting rid of the
dodder vine, because the seeds will come down, and by putting a
plastic underneath it, you can collect all of the seeds; and, secondly,
that there is a product, Dachtal, DCP A, that you can spread on the
ground that will kill the seeds. I don't know. And perhaps after,
whenever we do a cleaning of a tree, perhaps we should spread that. I
don't know how it affects the environment.
MR. PETTY: Mr. Chairman, if I could. A couple of things.
One is, the application of any preemergent control would be done by a
licensed applicator that Kyle has. So, of course, he can look up your
suggestion, but it would have to fit the criteria that the licensee holds
before it could be applied.
Certainly the removal of dodder vine as a choice in the landscape
issue is something that is taken up by the regular board, and I believe
that this discussion is probably best brought up there for the
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information to the public, since it really doesn't have a reference to the
Clam Bay system.
CHAIRMAN DOMENIE: Well, no, it doesn't. But we still get
rid of the dodder vine --
MR. PETTY: As a choice.
CHAIRMAN DOMENIE: -- on public property.
MR. PETTY: As a choice.
CHAIRMAN DOMENIE: Yes.
MR. PETTY: There are no requirements to do so. There's no
state list to be rid of and they pose no hazard to health, safety or
welfare. It is a choice that we remove it. And again, that is one done
by staff, through direction of the main body.
In the Clam Bay, it really isn't part of the subcommittee's issues
to decide. Certainly, it is a community event to be discussed, and I
believe that discussing it at the full board meeting may be where you
would be able to talk about public notices and public service
announcements.
CHAIRMAN DOMENIE: I will have a slide show at that point,
in any case. All right. Thank you.
MR. PETTY: Yes.
CHAIRMAN DOMENIE: And then we have the PBS&J report,
in which various recommendations are made.
Do you want to address some of those, John?
MR. PETTY: Sir, we don't -- I think everybody has had a chance
to look at the Post, Buckley, Schew and Jenery report. I can tell you
that staff has met with members of the county, in particular Mr.
McAlpin, the county administrator assistant, Leo Ochs,
representatives from the City of Naples, Dr. Bauer, who -- who is still
here, to discuss the issues of not just what we call Clam Bay, but the
entire water system as it affects our neighbors and the rest of the
county.
And of course Naples Bay has issues that we are somewhat
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familiar with. The city has been here forever, and we have read the
stories about some of the concerns that they have and how they are
trying to address it. And Mr. McAlpin has an outline of a broad scope
of work to be done on the county in his new position as coastal zone
manager, or director. ,
He's brought those to staff's attention. Would like us to discuss
those over a period of time, for public dissemination. He very much
wishes for Pelican Bay Services Division to be a working partner in
that regard in helping resolve some of these bigger issues.
As it refers to the report, staff can give you no recommendations
of actions at this time. We think that the report gives us no additional
information that we didn't have in the past and no reason to act now.
Weare looking for the county to take the report and the issues
related therein, in particular for areas outside of what we call Clam
Bay, and talk to us in the future about the broader responsibilities of
the community and how we may be working to help that.
So we're looking forward to that, but we ask for no specific
action today on the report.
CHAIRMAN DOMENIE: To me, the biggest surprise perhaps
was the reference to the Clam Bay because, to us, Clam Bay is upper
Clam Bay, inner Clam Bay and outer Clam Bay, whereas the study
basically referred to outer Clam Bay, Venetian Bay and Moorings
Bay, which I understand, way back in 1935, was considered to be
Clam Bay, all of that area. And for us to talk about Clam Bay, we talk
about a small area. Whereas, he was talking basically of an area south
of the bridge that leads out to the sandbar.
That's the only thing that I found a bit confusing in that. But I
think the information contained therein was very, very valid. It has a
lot of information. And we have to see how we can work with the
city, that has some problems, to see how we can avoid spillage from
the city into our Clam Bay system.
And I know we're working closely with Mike Bauer and with
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Gary McAlpin on that. And we look forward to continuing to
cooperate with everybody on that.
MR. BURKE: Mr. Chairman, where are we on incorporating
some of these recommendations into the permit plan? Where is all of
that?
MR. PETTY: Mr. Chairman?
CHAIRMAN DOMENIE: Yes.
MR. PETTY: In talking with Mr. McAlpin and staff, at this time,
they are still in discussion. The permit is still at the county level. Mr.
McAlpin is still considering the options of the county in the scope of
what he feels is of benefit to put into this permit application, or what
may be best put into this permit application, and possibly some other
application. So we're trying to talk those issues out.
The City of Naples is part of that working group with staff, and
the county, of course, has been working with Pelican Bay Services
Division, so we have no action to ask the board to consider.
It is still a work in progress, with each item being brought back to
this committee for discussion. If it takes any appreciable amount of
time, we will then come back to this body and probably ask for a
temporary extension of our existing permit.
MR. BURKE: With the state?
MR. PETTY: Yes, sir. But at this time, we don't see any reason
to call or ask for action.
MR. BURKE: So all of that talk we had about the urgency to get
this permit in by a certain date really --
MR. PETTY: We kind of blew that up, sir. We are no longer on
that plan.
MR. BURKE: So we are on Plan B?
MR. PETTY: Yes, sir. We are on Plan B, where it is almost
impossible to get the permit done without going for an extension
sometime. There is no need to rush that, since we have about a year
and a half to do that.
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CHAIRMAN DOMENIE: We only have until July next year to
ask for an extension, right?
MR. PETTY: And again, depending on our talks with the county
and city and the definition of the scope, we would like to hold off
from doing any action now, but, if this holds off for another month pr
so, we'll probably come back to you and ask for a recommendation to
extend the existing permit.
CHAIRMAN DOMENIE: Okay.
Then the next item is additional water quality testing within
Pelican Bay.
This basically refers to just checking -- going back to what we
were doing some years ago, checking, I think, 16 additional locations
east of the berm, in some of the lakes east of the berm just to see if
there is any source of pollution, in may say that.
MR. PETTY: For tracking and --
CHAIRMAN DOMENIE: Right. To check on the various
ingredients in the water. And if there is anyone lake that is showing
perhaps a higher quantity of some fertilizer or nitrogen or
phosphorous, that we can then try to trace it up the stream to see
where that is coming from. But there is really no need. But it's just
something that we feel that we should be doing. We did it in the past.
There were no signs of any problems anywhere, but it hasn't been
done for five years, I think.
MR. PETTY: With our current and ever-increasing concern over
nutrient loadings and surface water, we think that it is necessary to
reimplement that program. Even though we have had that long history
of not having any issues, we would like to have it as a permanent
record so that we have that ability to fall back on that data.
CHAIRMAN DOMENIE: And I will bring it up to the budget
committee next Wednesday.
MR. PETTY: Sir, we're asking that you also include in that __
since we have already told them that we're looking for increased
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sample stations, so they are expecting you on that one, we are also
looking for you to also consider a budget item allocation from our
unrestricted carry-forward for possible items which were on associates
contract, extending that for any research material that we may have to
do in consideration of this new working relationship with the city ap.d
the county. We may have to do a study of some hydraulic nature. We
may have to do a specific flora or fauna study for a very specific issue
for the permit. And currently, while the contract allows for it, we did
not budget it, and we're looking for that consideration.
MR. BURKE: Quick question. The date of this water quality
summary is December '06?
MR. PETTY: Yes, sir.
MR. BURKE: Why is it in front of us today, what are we talking
about here? Is this an example of what we are capable of doing?
MR. PETTY: You'll get a brand new one in January of '08 that
will be the '07 report from Turrell, Hall and Associates. It's part of his
annual contract. It is on your agenda today, simply to go over an issue
of nutrient loading, an example thereof. I think: the chairman had
taken a sample location off of that list that had the highest amount of
phosphorous and back traced it upstream, which led him into the Bay
Colony area. And he's been in discussion with them on their
technique.
Now, this is a parameter that has not exceeded any of our criteria.
It was simply one that he wanted to use as an indicator of our
diligence in looking over our data.
MR. BURKE: That's what we're saying here.
MR. PETTY: Y es. We talked about how we follow up on it and
your chairman personally did so in the last couple of weeks.
CHAIRMAN DOMENIE: It just showed us the small increase,
as he said, way below any standards. But I was just curious why that
might be going on, and that's why it is Bay Colony.
MS. WOMBLE: John, where did you look in Bay Colony?
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CHAIRMAN DOMENIE: I have a slide that shows it. Basically
Vizcaya, because Vizcaya -- sorry, Vizcaya, that's V-I-Z-C-A-Y-A,
since you're not familiar with it. Vizcaya has a little lake surrounded
by villas. And it's a stagnant lake that has an overflow but hasn't
overflown into the mitigation pond for five years. So the water jqst
remains there.
And I thought, well, let me at least look there because perhaps
there is some water going underground. Then, right next to Vizcaya,
as well as some of the high-rises, there is a pond called a mitigation
pond, which connects to upper Clam Bay. And so I looked there. And
there there are retention walls, concrete retention walls all around the
lake. There is a rip-rap, and then there is a little bit of soil, dirt, let's
say, in which now some mangroves are starting to get hold.
So I don't see that there is any way that any stormwater can really
be running into it. But, nevertheless, I suggested that we check water
there, just to be sure. And, as I said, it was just something that I saw
from this report and I just wanted to have a look at it.
Yes, sir. Mike Bauer from the city.
MR. BAUER: Mike Bauer, Natural Resources Manager for the
City of Naples.
Regarding your lakes, I could use your help. We have a serious
problem in the City of Naples with algae buildup in the summer. It
just gets really nasty. And we are trying to figure out how to treat
that. In the past the city has used copper sulfate on these lakes. We
have 28 lakes, 11 of them are city owned and 17 are privately. So that
copper sulfate gets into our stormwater and Naples Bay is impacted
for copper.
So we're not adding copper sulfate anymore. It does work. It
does kill the algae. We're trying to figure out some other means of
controlling the algae in our lakes. We tried an experiment with
ultrasound, which was supposed to explode the algae cells. It didn't
work. Now we're going to try growing apple snails because apple
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snails supposedly are really good at controlling algae.
CHAIRMAN DOMENIE: Apple what?
MR. COLEMAN: Apple snails, which is the main food of the
Everglades kite, the snail kite. So we're going to try that.
We're working the water management district to work on t4at
system. We're also probably going to put in some aerators.
But I would be really interested in working with you on control
of your lakes and whatever you were to find out about the lakes,
working together on the whole lake thing. We have a real problem.
CHAIRMAN DOMENIE: I think, is it perhaps that your lakes --
and excuse me, I'm not criticizing it -- is it that your lakes basically
are stagnant lakes and that there is no inflow and outflow; is that one
of the reasons, perhaps?
MR. COLEMAN: There is inflow and outflow. Almost all of
them are connected to the stormwater system.
CHAIRMAN DOMENIE: They are. Okay.
MR. BAUER: Plus the control structures are old and they don't
work real well. We're starting to look at replacing some of those. It
doesn't flow very well. But they are all connected, one way or the
other.
CHAIRMAN DOMENIE: Okay. I know we are talking right
now about installing some more bubblers on some of the lakes.
Rather, I thought, I said oh, let's put fountains in. And I was told that
bubblers are much more effective than fountains. Fountains look nice
but bubblers are more effective.
We also talked about -- what was the name ofthe carp?
MR. PETTY: Grass carp.
CHAIRMAN DOMENIE: Grass carp. But we decided against
that because of the problems associated with that. Once they nibble
and eat everything they can, then what do they do, you know? And
the danger of them escaping the lake and getting into some other water
system. So we decided against that.
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But bubblers are still very much on the list, and we're looking at
it. Because, of course, we have to do the electrical connections and
perhaps talk to some of the neighbors where we are going to put
bubblers.
MR. BAUER: I agree with everything you're saying. It jl,1st
sounds like a great opportunity to work together on this issue.
CHAIRMAN DOMENIE: Anything we can do together. Thank:
you.
Does anybody else have any comments or would like to
comment on anything?
Maryanne, do you have anything?
MS. WOMBLE: Well, sure. I definitely like the presentation. I
think that's excellent. That was a really good job. I think the men's
coffee would be a really good venue because so many men do attend
those. And I would like to check with the golf course and see if there
is some concern. And I know Bob Vetinario is always looking for any
kind of way to educate everybody possible. And the women's league.
Pelican Bay would be another good venue. Ninety-six, Channel 96,
absolutely.
As far as the water in Bay Colony, I am wondering if we could
also make a follow-up. There are a couple of lakes farther east of
Vizcaya.
CHAIRMAN DOMENIE: Yes.
MS. WOMBLE: And I --
CHAIRMAN DOMENIE: We are -- if you see my presentation
in December, you'll see that one of the lakes is the one that comes
from the -- from the Pelican Bay, in this lake behind us, and feeds into
the lake at the public park, Greatwater, and then goes into Bay Colony
and eventually winds its way around the Ritz Carlton. Well, the last
lake before what is --
MR. PETTY: Before mitigation?
CHAIRMAN DOMENIE: No. That very small lake along
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Vanderbilt Beach Road.
MR. PETTY: Oh, the--
CHAIRMAN DOMENIE: The last lake.
MR. PETTY: I love the name. Very romantic notion. I have
been in there. It's not that pretty. It's kind of muddy now. .
CHAIRMAN DOMENIE: We were also going to that last lake
because that funnels all of the lake in system six down and that's one
of the things I'll see at the meeting.
MR. PETTY: Mr. Chairman, if I could just reiterate, all of our
downstream locations give us the data that the system is operating
very well. The upstream locations that we would wish to include in
this years's budget, and we're going before the budget committee for
that discussion, is so that we can trace out or go backwards upstream.
Whether there is pest management practices or just best effort, we
want to do the best that we can. And if we can, through tracing, even
lower our -- or increase our current good work to a lower nutrient
loading over time, that would be a benefit. I think that is everybody's
intention.
MS. WOMBLE: I think so, too, and documentation is always a
good thing.
CHAIRMAN DOMENIE: And the services division is also
looking at putting out a little flier which they can distribute to various
associations on the dodder vine as well as on the use of fertilizer.
Again, that's part of the education process, which is
recommended in the PBSNJ report, so that's a follow-up to that also.
Jim?
MR. BURKE: I'm okay.
CHAIRMAN DOMENIE: You're okay.
John.
MR. PETTY: Mr. Chairman, ifI could. As you notice, we have
a court reporter instead of Barbara here today. Barbara is off on
vacation, probably still cooking as we speak. She has her son coming
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home from the war in Iraq. He's just come off of a double tour. And,
even though we have Jean in the hospital undergoing treatments and
we have our prayers going to Jean, Barbara didn't know what to do
and we've told her to go ahead and take her vacation. It isn't often
she's gotten to see her son in the last couple of years, especially afl;er
doing a two tour stint in Iraq. So we said, don't worry about it, we'll
cover.
So that's why you don't see Barbara. We expect her back next
week.
CHAIRMAN DOMENIE: I congratulated her and her son in the
efforts.
MR. BURKE: Is Jean in and out of the hospital?
MR. PETTY: Jean is currently living with relatives near the
treatment center and goes in and out --
MR. BURKE: Okay.
MR. PETTY: -- as she receives the treatment, but she stays close
by.
We're not supposed to discuss the medical issue, other than we
would like everyone to have a prayer for her and she is in good spirits.
CHAIRMAN DOMENIE: If you want to send a get well card,
send it to our office.
MR. PETTY: We can take care of it.
CHAIRMAN DOMENIE: Anything else?
Anybody in the audience?
MR. BURKE: Last chance.
MS. WOMBLE: We definitely thank you for being here and
participating.
CHAIRMAN DOMENIE: We need the most input from the
audience also. Okay.
A motion?
MR. BURKE: So moved.
CHAIRMAN DOMENIE: I have to make a motion first. What
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are you moving?
MR. BURKE: I hope to adjourn.
CHAIRMAN DOMENIE: I accept it.
All in favor.
(A unanimous show of ayes.)
CHAIRMAN DOMENIE: Thanks, everybody.
***************
e being no further business, the meeting was adjourned
oft e Chairman at 10:58 a.m.
BAY S~ES DIVISION
'-~ .
JOHN DOMENIE, CHAIRMAN
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICE, INC., BY ELIZABETH
BROOKS, RPR, NOTARY PUBLIC.
564
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Halas ~'i""l;_._.___'_' N&o..or".,J
Henning .... ~"'_ . 'T{--
!~oyle_ .V;7.. 15-- .
'~oletta -.. ----Clam Bay CommIttee
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RECEIVED
JAN 0 7 2008
Board !)f county Commissioners
TRANSCRIPT OF THE MEETING OF THE CLAM BAY
COMMITTEE OF THE PELICAN BA Y SERVICES DIVISION
,
Naples, Florida, November 21,2007
LET IT BE REMEMBERED, that the Clam Bay
Committee of the Pelican Bay Services Division Board
met on this date at 10:00 a.m. in REGULAR SESSION at
the Hammock Oak. Center, 8962 Hammock Oak. Drive,
Naples, Florida, with the following members present:
IN ATTENDANCE: John Domenie, Chairman
Mary Anne Womble
James Burke
John T. Petty
Misc. Corres
Date \ ~,1:~ ") J<S )__
item#:
. 'J: ~s to:
536
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CHAIRMAN DOMENIE: Good morning, everybody.
Do you want to have a roll call, John, please?
MR. PETTY: Mr. Burke.
MR. BURKE: Here.
MR. PETTY: Ms. Alvarez is absent. Dr. Raia is absent.
Ms. Womble.
MS. WOMBLE: Here.
MR. PETTY: Chairman Domenie.
CHAIRMAN DOMENIE: Here.
The next order of business is approval of the minutes of the
October 17th meeting.
Any changes, any recommendations, any comments?
MR. BURKE: I'm fine with it. I didn't realize it was a two-sided
page.
CHAIRMAN DOMENIE: You were only reading the off pages?
The minutes are kind of small. They are two-sided now to save on
paper.
Do I have a motion from anybody?
MS. WOMBLE: So moved.
MR. BURKE: Second.
CHAIRMAN DOMENIE: All in favor.
(A unanimous show of ayes.)
CHAIRMAN DOMENIE: Opposed?
Motion passed.
Next item, audience participation.
Somebody from the audience, please speak up.
I see we have something on the screen there, John. Do you want
to get into that before we get into the minute -- into the agenda?
MR. PETTY: We might as well, Mr. Chairman. It would be
fine.
It's something that staff put together in the last couple of days to
try and put a foundation to -- it's very simple language on what it is
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that we do in water management, since we are discussing it on so
many different levels. And water quality has come up as an issue, and
I think we're going to be discussing it later.
And, with that, we'll go ahead and start it.
CHAIRMAN DOMENIE: I moved.
,
MR. PETTY: Basically, we're trying to introduce the public to
our system, talking about the resources that we have, how we have
always protected those resources since the beginning of the
development 25 plus years ago.
We have a little animation on the water management system
itself, which is made up of dry and wet retention areas, detention
areas.
In this case, we're showing a side view of one of our lakes.
We've been having a rain event. Stormwater comes in with some
suspended material. That is anticipated. We have designed for it. We
hold it within our water management facility for up to three days or
possibly longer if the event is less than the 25-year event.
During that time, natural occurring bacteria in the water
management system starts to break down this material and can remove
upwards of 85 percent.
By the end of Day 3, the water condition is basically back to
where it was before the run-off came into the lake system.
Keep in mind that our lakes were sized for a 25-year rain event
so that the normal rainfall that you see every afternoon during the
summer usually stays for much longer than three days, and we get
typically higher than the 85 percent reduction capability.
We bring this up, as we are going to be discussing, later on in the
minutes, the Clam Bay nutrient loading issue. We have been
monitoring this for some 25 years and have found over 25 years that
our water management system is working very, very well.
To talk a little bit about Pelican Bay, we have this small movie.
(Playing movie.)
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MR. PETTY: We really didn't need to talk any further until we
got to this slide. We talk about post runoff, which means after
development, is equal to or less than the pre-runoff coefficient. What
that means is the water discharge to the bay system cannot be any
greater than what it was before we built the roads and the driveways
and the homes. That's also part of our water management
responsibilities.
We also talk about how, for 25 years, we have been taking water
quality data from our system and from the bay that is the ultimate
discharge for our surface water and have found our system to be in
compliance. So for 25 years, we have a faultless compliance record as
well.
Are there any questions?
If not, we'll move on.
MR. BURKE: The 25-year event, I've heard that before. That
means, on average, every 25 years, something big comes through?
MR. PETTY: That's correct.
MR. BURKE: Like a hurricane bringing huge amounts of rain.
MR. PETTY: We take water management rain events __
typically, the requirement is a ten-year storm event. We use a 25-year
storm event, which is unusually responsive.
MR. BURKE: And that comment about the run-off
predevelopment, right?
MR. PETTY: No more water can hit the bay system after
development than what is hitting the bay system before development,
in quantity. So even though we have impervious areas, concrete and
sidewalks, et cetera, roadways, systems, homes, they have to be
retained, and then limited in our spreader swale, and then bled through
slowly so that no more water hits that bay system per day after
development than before.
CHAIRMAN DOMENIE: But, John, neither Wilma nor Charley
were classified as a 25-year event, as far as rainfall was concerned?
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MR. PETTY: That's correct. We have had only one in my
experience. Kyle may know others. The one that I refer to was the no
name storm that happened in the early '80s. If I remember correctly, it
was something like 16 inches in 24 hours. So it not only met the
25-year storm event, it actually went higher than that. It was closer,to
the hundred-year storm event that it actually met. And our water
management system worked flawlessly.
We had areas that detained the water on the golf course. I can
remember the walking catfish going hole to hole as if they had a tee
time.
But a lot of those areas are meant to hold water for periods, and
they did so. And the water, basically, within 48 hours, had returned to
its normal areas of the lakes and swales and the discharge to the bay
was kept under the control of the system.
CHAIRMAN DOMENIE: Because we have the -- it's called --
MR. PETTY: The weirs and boards with the bleeder orifices.
CHAIRMAN DOMENIE: The weirs and the boards to control it.
MR. PETTY: Yes.
CHAIRMAN DOMENIE: Thank you very much. I think
something like that we should show to something like the men's
coffee.
And, in that connection, if anybody has any contact with Joe
Adams of the men's coffee, I would very much like them -- IE-mailed
to Joe Adams suggesting that the Pelican Bay Service Division give a
small presentation to the men's coffee, but I've never been able to get a
response from him. So if -- if anybody has contact with Joe Adams, I
certainly would appreciate it, to give the services division an
opportunity to talk about the bay system.
CHAIRMAN DOMENIE: I don't know.
Jim, do you know?
MR. BURKE: Coleman is a regular.
MR. COLEMAN: If we were to contact him, can we say, with
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assurance, that we can guarantee him 45 minutes of a program?
CHAIRMAN DOMENIE: I have 45 minutes, so sometime in
January would be best.
MR. COLEMAN: I know he has some available times.
CHAIRMAN DOMENIE: Thank you very much.
MR. BURKE: Can you use the slide presentation, too?
CHAIRMAN DOMENIE: I don't know. If -- we wouldn't have
time, probably, but this certainly is something to be considered.
MR. COLEMAN: Come up. I know you are out of order, but
we're a small meeting.
Identify yourself, please.
MR. CRAVENS: My name is Tom Cravens.
CHAIRMAN DOMENIE: Is that mike working?
MR. PETTY: It never does. Most of it is our fault, though.
MR. CRA YENS: My name is Tom Cravens and I'm the
president of the Mangrove Action Group.
I think: that you've done an excellent job with this and I would
certainly like to see it utilized.
I'm reminded, a lot of times, there was a -- the Chamber of
Commerce of Naples, back in the early 1970s or late 1960s, spent
$10,000 on a film production called Naples, Guardian of the
Everglades. It was shown one time at the chamber of Commerce and
sat on a shelf until three years ago when Naples Daily News got ahold
of it and made copies of it and distributed it.
I would likes to see lots of copies of this distributed throughout
the community. It's an excellent presentation and really gets across a
very good message, I think. And I hope some sort of distribution
claim can be developed. Possibly Channel 96 here in Pelican Bay
could use it. That would be one way to do it, or maybe have free
copies available to people at the Commons.
MR. PETTY: Mr. Chairman, if I may say, it is a public record,
now that it's been shown at the meeting. The rights that are withheld
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at the end are basically for the division, so that -- so that we can
certainly put this on a DVD and make it available, and Barbara can
distribute it as a public record.
CHAIRMAN DOMENIE: Well, if you could make that
available, I would take it over to the foundation to see if they can nut
it on Channel 96. And perhaps, if we have a men's coffee, where the
speaker is only going to be half an hour, we could introduce that at the
same time.
MR. COLEMAN: I think a whole program really needs to be
done, visuals as well as an explanation. That needs some preparation.
MR. BURKE: That is, what, five minutes?
MR. PETTY: Yes.
MR. BURKE: Could be a good lead.
CHAIRMAN DOMENIE: Let's see what we can do about that,
then.
MR. PETTY: All right, sir.
CHAIRMAN DOMENIE: If you'll give me a copy, I'll try to get
it on Channel 96. Thank you.
I see Gary McAlpin has joined us. Do you have anything? You
missed the audience participation. Is there anything that you would
like to comment on, perhaps, before we get started?
MR. McALPIN: Mr. Chairman, I have no comments.
MR. BURKE: Gary is beyond audience.
CHAIRMAN DOMENIE: Well, he's sitting in the audience.
Next item, the best management practices by the Pelican Bay
Services Division. This actually refers to what we do, and part of it
was right there on the screen. But I also checked with Kyle as to what
sort of fertilizer we're using and how often we're using it.
And, Kyle, if you have a moment, do you want to just comment
on it, how often we fertilize and what sort of fertilizer we do use?
MR. LUKASZ: We fertilize the turf four times a year at a rate of
half a pound of nitrogen for a total of two pounds of nitrogen per year.
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Phosphorous, we try to use as low a phosphorous level as possible.
Lately, we have been putting down 2 percent phosphorous.
Shrubs and ornamentals, we fertilize twice a year, both fall and
spring. Through the course of the year, depending on the growth
pattern of certain plants, we may put some additional fertilizers do~,
but we use slow release nitrogen and we have our phosphorous levels
as low as we can.
CHAIRMAN DOMENIE: You say flowering shrubs we do
twice per year, but that does not refer to the ones at the end of the
medians where we change three times per year.
MR. LUKASZ: I'm saying certain plants, through the course of
the year, we put down additional fertilizers, but for our ornamentals,
we fertilize on a schedule of October and March.
CHAIRMAN DOMENIE: Okay.
MR. PETTY: Mr. Chairman, as you may recall from our
conversation, the palm trees also get very specific. And it depends on
the type of palm tree. Most of the cabbage palms, I don't know what
your schedule is, but they have a specific diet. Ixoras have a specific
diet.
But, generally speaking, those are the fertilizing schedules that I
believe that we have. And the intent is to limit phosphorous to its
minimum requirement in the field. We understand it is possible
loading to the system. But the system is designed to carry a certain
amount ofload, as we just showed.
MR. BURKE: Do the shrubs and ornamentals require
phosphorous at all?
MR. LUKASZ: Some of the flowering plants. We're using an
18/12, which is a 2 percent phosphorus.
MR. PETTY: There are specific plants that do require it. It is
not recommended that you withhold it from certain plants. Turf
grasses, it depends on where they are and soil conditions or whether
you can do without it for long periods. And the recommendation is to
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start weaning it down, which is why we're down to that 2 percent
level. And we may go down even further.
The public rights-of-way may be some of the toughest places to
grow sod because we have road bed material in those areas where we
are growing sod. There isn't a lot of soil. That is something that '!Ve
have to watch. So if we limit the food source, we'll have to monitor it,
and if we see where it starts lose and turn yellow, we may have to
come back. But it is something we're we're trying to wean down.
CHAIRMAN DOMENIE: Kyle, I'm going to ask you a question.
You may not know the answer.
We buy all of our fertilizer through the county. Collier County
gets a large discount, et cetera.
MR. LUCASZ: Right.
CHAIRMAN DOMENIE: Do they buy any fertilizer with 0
percent --
MR. LUKASZ: Occasionally, we'll use like an 8015, which has
zero phosphorus.
CHAIRMAN DOMENIE: But we get that through the county?
MR. LUKASZ: Right. We can have it custom blended, but it's
through the county bid. It is an annual bid for fertilizers.
CHAIRMAN DOMENIE: Basically, when you see what the
county is using on the medians and everything, that contains
phosphorous? I'm only thinking because eventually some of that may
come, the medians along 41, some of that, if there is a heavy rain, that
will end up in our system. So do you know what they are using there?
MR. LUCASZ: It's my understanding they are using that 8T12
as well, which is a 2 percent phosphorous.
CHAIRMAN DOMENIE: Thank you.
MR. LUCASZ: Okay.
CHAIRMAN DOMENIE: Mike, if I may ask you, what does the
city use on its medians? Do you have any idea?
MR. BAUER: I really don't have an idea, but you could ask Joe
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Biasella, our parks and parkways person. He would know. I think
we're going to introduce an ordinance to the city where we're going to
try and get to the zero phosphorous. The thing is, if you are going to
go to zero phosphorous, you may have to change the plants you have
in your landscaping. That's the biggest issue.
CHAIRMAN DOMENIE: Thank you.
MR. BURKE: John, best management practices, that's a title for
a program, right? I mean --
MR. PETTY: It's a title used for a lot of different things. In this
particular case, we're talking about a specific program coming from, I
think it's the Department of Agriculture, DEP and South Florida Water
Management District, to name a few, who are trying to get fertilizer
use under control.
There are a lot of people throwing fertilizer out there. And in
America, we believe more is better, right? So we throw more out
there and it ends up not being used by the plants but being washed into
the lakes.
MR. BURKE: A few years ago, Tim, you were touting this, at
least within Pelican Bay, right, something similar?
MR. HALL: That's correct. We've been--
CHAIRMAN DOMENIE: Identify yourself, Tim.
MR. HALL: Tim Hall, Turrell, Hall & Associates.
We have been talking about it for probably five or six years now.
CHAIRMAN DOMENIE: But you were never successful in
selling your program to any of the condo associations, were you? I
think one of them accepted it.
MR. HALL: We did landscape plans for a couple of -- The
Coronado, we did. And we also did a plan for the Ritz Carlton. And
essentially what it was, was we were coming into existing
communities or existing, you know, associations, and looking at the
plant pallets that they had, the irrigation systems and so forth, and
coming up with a site specific landscape management plan for them
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that was really aimed at source control, reducing the amount of
pesticides and herbicides that they needed on the property, and
integrating that with the irrigation system so that the final or end result
would be less material available to run off into the local waters.
CHAIRMAN DOMENIE: We heard from Ed Sterous about two,
three years ago, that they were very successful in reducing their
fertilizers without any negative effect on their plants.
MR. HALL: I think they actually cut back almost, I think, it was
like 30 or 40 percent.
CHAIRMAN DOMENIE: Yes.
MR. HALL: They were, I think, fertilizing three times a year
and they went down to twice a year.
CHAIRMAN DOMENIE: And we also heard from the golf club,
what they do, and that apparently they use good best management
practices, which I understand is not only limited to fertilizers and
herbicides, but also to watering, right?
MR. HALL: Correct. Yes.
CHAIRMAN DOMENIE: Okay. Thank you.
MR. BURKE: A few years ago, when Naples Cay had that
mediation -- do you remember?
MR. HALL: Yes.
MR. BURKE: They had to do something to -- your company
was going to get involved within Pelican Bay as part of that
mediation. And, in effect, you were going to introduce, what, I guess
best management practices, whatever it was called, right?
MR. HALL: That was a proposal that they had put forward. We
never went anywhere with that because there was some, I guess,
political issues involved, as well as operational ones. So that didn't __
that didn't actually come to pass.
But it is -- right now, the plan that we've got set up is kind of
geared towards, or we're looking at doing something very similar in
Port Royal. And that's tied to some permits and some permitting that
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is under review around Naples Bay, and then those permits -- part of
their mitigation program would be to contribute to something like that.
MR. PETTY: Mr. Chairman?
CHAIRMAN DOMENIE: Yes.
MR. PETTY: If I could. The program, I think, it has a naIT).e.
It's called green something.
MR. HALL: The company name is Green Home Services.
MR. PETTY: And I've discussed it with Mr. Terrell, and we've
discussed it here, of course, a couple of times over the last several
years, and there is nothing wrong with being for the environment. In
our particular case, it is somewhat problematic in that we are different,
in that we designed the system, where our neighbors have not.
The City of Naples pre-dates water management criteria on
planned unit developments. Port Royal as well. And these entities
have direct discharge to the bay systems. We have a multi-million
dollar water detention system that we operate and maintain at a fairly
high cost each and every year, and we didn't want to tell the residents
that they were paying these millions of dollars for something that
didn't exist. And the Green Home Service system is designed for
direct discharge.
We built this system with the intention of taking what was
considered to be, by the engineers, a calculated, average run-off
amount of nutrients from the home, and treat it and remove it and
deliver it to the bay system water of equal to or lesser nutrient loading
than what it was receiving before development.
And, since we do that, I don't know that we can give -- the
program that they have, we would have to modify it so that we would
say, well, this is a good practice. It doesn't alleviate your
responsibility in operating the existing water management system,
which guarantees it.
I'll give you another problematic issue is the system is built with
live bacteria, naturally occurring in the lakes. This is the same
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bacteria that is used in the wastewater industry to treat your sanitary
sewers out of your homes. It is a food to. microorganism ratio you
must maintain in waste water management industry to get this thing to
work. You can't put more food in front of the same number of bugs
and expect the same results. Same thing happens in your lake. ,
So, if we tend to be steady, the lake system works very well. If
we tend to have a sudden drop-off of a food source, we will see a
result in the lakes, because the bacteria will have to die off and then
rebuild and stabilize.
So again, we don't really want to charge in and make too much of
a change. We want to make it nice and slow. Thank you.
MR. BURKE: Mr. Chairman, isn't the foundation, they are
embarking on a best management practices, right?
CHAIRMAN DOMENIE: Yes, they are. They are trying to
promote it and they are going to have some meetings about that so that
should help.
But again, we're talking about a system that is working well, and
we're just trying to see what other steps, not necessary, but would help
in the long run.
MR. BURKE: As I recall, Tim, when we talked about it a couple
of years ago, this thing included better ways and more effective ways
to irrigate, right, and then use of native plants that require less water.
There were a lot of things to it that seemed to make a lot of sense.
MR. HALL: Right. And it's not -- the program was in no way
designed to go in and say that groups or associations or anything were
doing anything wrong. It was merely proposed to look at what is
happening, because a lot of older communities were designed -- I
mean, it made sense. They were designed, you know, state of the art
at the time. But changes then over time -- plant material dies and, you
know, the landscape committees or whatever, they make replacements
in all of the plants, thinking about the appearance, but don't a lot of
times take that a step further.
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So what you have is an older irrigation system that is watering a
new landscape plan. And it may not -- they may not mesh exactly the
way they should. If you have, like, shrubs being watered on the same
zones with your lawns or with your turf, and they have different
requirements, then one side is either being overwatered ,or
underwatered, so you are not making the most efficient use of your
irrigation system.
And that's what the Green Home Services and the landscape
management plan is, actually a plan or booklet that the association
would then have to allow them to coordinate better with their
landscape companies to make sure that those different criterion in
terms of fertilizer use, irrigation and landscape plans and all are
integrated into the most efficient type of system.
CHAIRMAN DOMENIE: Thank you.
Tom? I mean, we're a small group.
Normally, we wouldn't accept it. And who are you?
MR. BRADINSON: Tom Bradinson, president of the Mangrove
Action Group.
CHAIRMAN DOMENIE: Thank you.
MR. BRADINSON: My wife and myself met with the president
of the foundation, Jim Hopinschtadt, and he embraced the idea of best
management practices.
There have been two articles that appeared in the Pelican Bay
Post regarding best management practices.
CHAIRMAN DOMENIE: Written by a young lady related to
you?
MR. BRADINSON: Yes. They are -- The Complete Best
Practices Management Manual can be found on the Pelican Bay
website, and it's available to anyone who wants to read it. It's very,
very extensive. It covers selection of plants. You have fertilizer, use
of pesticides, use of herbicides, use of watering and irrigation.
Mike Bauer has done some wonderful things in the City of
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Naples. It's what the Mangrove Action Group would like to see. We
would like to see that every person involved in landscaping in Pelican
Bay be trained in best management practices.
We would like to see the supervisory personnel and we would
like to see those individuals that are out there making fertili~er
applications, we would like to see them trained. And, quite frankly,
they are not trained and there are some very poor landscaping
practices going on, which I've witnessed on several occasions.
On my way over here, I saw sprinklers running. Now, it's my
understanding that sprinklers aren't supposed to be utilized after 8:00
a.m. in the morning, but I constantly see, throughout Pelican Bay,
widespread violations. These really should be addressed. And I
would like to see the services division require that all of the Pelican
Bay Services Division employees that are doing work in the field go
through a training. It only takes --
CHAIRMAN DOMENIE: Tom, for your guidance, that subject
has already been discussed and has already been determined, that all
of our employees, not only supervisory personnel, but all 18 will take
that course.
MR. BRADINSON: Excellent.
CHAIRMAN DOMENIE: We're talking to Rookery Bay --
MR. BRADINSON: Alberto Chavez.
CHAIRMAN DOMENIE: -- that they come to us for one day
rather than have us go there. So that has been discussed and that will
be implemented.
MR. BRADINSON: The next thing we want to see happen is
for individual condominiums. And that is going to be an extremely
formidable task to do. It's something that we really need to do.
CHAIRMAN DOMENIE: I think that is something where the
foundation, really, through the president's council--
MR. BRADINSON: Exactly.
CHAIRMAN DOMENIE: -- and other organizations --
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MR. BRADINSON: I believe Mike is going to appear before the
president's council and some other people to talk about best
management practices.
But again, if you want to see what it's all about, go to the Pelican
Bay website. There is a green bar. You click on it and you c;m
download the whole PDF manual.
CHAIRMAN DOMENIE: Thank you very much.
Anything else on this subject?
Let's go on to the next one, Bay Colony report. You've received a
copy of that. I was asked by Bob Nagelly, who is the chairman of the
Pelican Bay Foundation, to meet with Chris Andrews at Bay Colony,
and I met with him. And basically I -- I don't want to go into detail
now, because I have some slides that we'll show at our general
meeting in December, but basically Chris tells me that, for the last five
years, for their sod, they have been using fertilizers with zero percent
phosphorous. And I looked at three specific areas, and I took pictures
ofthat.
And I have asked Kyle and John and the budget committee to
approve taking samples in those three lakes, although, in my opinion,
there is absolutely nothing in them. And, of course, at this time of the
year, there is no run-off. But, nevertheless, I asked just to check it,
just to give, perhaps, Bay Colony assurance that their water quality is
fine.
So basically that's what this memo is about.
Do you have any thoughts?
MR. BURKE: Nothing.
MS. WOMBLE: Yes, I have thoughts, but no, I don't have
anything to say.
CHAIRMAN DOMENIE: Let us have your thoughts.
I really can't comment any further than the pictures will tell the
story by themselves.
MR. BURKE: Essentially, what you are saying is, they are doing
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what we would like to do in all of Pelican Bay. The basic part is the
fertilizer.
CHAIRMAN DOMENIE: I'm only talking about sod, grass. For
palm trees and certain flowers and flowerbeds, yes, they do use some
other fertilizers. But, you know, owners want to see green grass at}.d
they want to see lots of colored flowers, and they are not always in
agreement with, shall we say, only applying fertilizers twice per year.
So that is an education that we have to go through.
The next item, dodder vines. I gave Jim Hopenstadt a list of
about 15 locations where I saw dodder vine. And, on my way over to
the foundation meeting on Monday, I saw four more locations. And
one of the worst infestations is at the empty lot south of the
marketplace, and the marketplace itself is covered with vine. And I
gave him a list of specific locations, house numbers, et cetera, where
they are. And I also suggested to them that, since these are private
locations, that perhaps they could send out a memo informing the
residents that they do have this dodder vine infestation and that my
suggestion is perhaps that the foundation rent a cherry picker, which
they can then make available, let's say at $50 per household, in order
to remove that dodder vine. Because it is spreading and it is spreading
rapidly.
Now, I'm told by Tim -- but my, of course, concern is not about
the private residences. My concern is the mangroves. I understand
dodder vines basically need ground, solid ground to get their start, and
that they don't like salt environment.
Is that correct?
MR. HALL: That's correct.
CHAIRMAN DOMENIE: So, shall we say, for the time being,
we do not have to worry about dodder vine getting into the
mangroves, and I don't know if they like mangroves for that matter,
because I think they can be very selective as to what trees they like.
MR. HALL: We're not seeing any in the mangroves right now.
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There are some other vines out there that you see along the berm and
all, but the love vine isn't one of them.
CHAIRMAN DOMENIE: I haven't seen any either.
MR. BURKE: Any dodder vine that is on county property or
foundation property is our responsibility . We need to get rid of ,it,
right?
CHAIRMAN DOMENIE: Actually, not the foundation property,
but yes, we would do it. And there are certain areas. We have already
addressed them. One of the problems is we cleaned out about ten trees
along U.S. 41. We also did some trees along Pelican Bay Boulevard.
But it's very difficult to get rid of it all.
And I pointed out to Kyle that there are four trees along 41
where, way at the top, you can see just a few little strands of the vine.
And I presume that that will grow again. It's very difficult to get rid of
it.
In the article that I have here in front of me -- Kyle, perhaps
whenever we clear the trees -- of course, they say two things: One,
spread plastic underneath the tree when you are getting rid of the
dodder vine, because the seeds will come down, and by putting a
plastic underneath it, you can collect all of the seeds; and, secondly,
that there is a product, Dachtal, DCP A, that you can spread on the
ground that will kill the seeds. I don't know. And perhaps after,
whenever we do a cleaning of a tree, perhaps we should spread that. I
don't know how it affects the environment.
MR. PETTY: Mr. Chairman, if I could. A couple of things.
One is, the application of any preemergent control would be done by a
licensed applicator that Kyle has. So, of course, he can look up your
suggestion, but it would have to fit the criteria that the licensee holds
before it could be applied.
Certainly the removal of dodder vine as a choice in the landscape
issue is something that is taken up by the regular board, and I believe
that this discussion is probably best brought up there for the
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information to the public, since it really doesn't have a reference to the
Clam Bay system.
CHAIRMAN DOMENIE: Well, no, it doesn't. But we still get
rid of the dodder vine --
MR. PETTY: As a choice.
CHAIRMAN DOMENIE: -- on public property.
MR. PETTY: As a choice.
CHAIRMAN DOMENIE: Yes.
MR. PETTY: There are no requirements to do so. There's no
state list to be rid of and they pose no hazard to health, safety or
welfare. It is a choice that we remove it. And again, that is one done
by staff, through direction of the main body.
In the Clam Bay, it really isn't part of the subcommittee's issues
to decide. Certainly, it is a community event to be discussed, and I
believe that discussing it at the full board meeting may be where you
would be able to talk about public notices and public service
announcements.
CHAIRMAN DOMENIE: I will have a slide show at that point,
in any case. All right. Thank you.
MR. PETTY: Yes.
CHAIRMAN DOMENIE: And then we have the PBS&J report,
in which various recommendations are made.
Do you want to address some of those, John?
MR. PETTY: Sir, we don't -- I think everybody has had a chance
to look at the Post, Buckley, Schew and Jenery report. I can tell you
that staff has met with members of the county, in particular Mr.
McAlpin, the county administrator assistant, Leo Ochs,
representatives from the City of Naples, Dr. Bauer, who -- who is still
here, to discuss the issues of not just what we call Clam Bay, but the
entire water system as it affects our neighbors and the rest of the
county .
And of course Naples Bay has issues that we are somewhat
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familiar with. The city has been here forever, and we have read the
stories about some of the concerns that they have and how they are
trying to address it. And Mr. McAlpin has an outline of a broad scope
of work to be done on the county in his new position as coastal zone
manager, or director. .
He's brought those to staffs attention. Would like us to discuss
those over a period of time, for public dissemination. He very much
wishes for Pelican Bay Services Division to be a working partner in
that regard in helping resolve some of these bigger issues.
As it refers to the report, staff can give you no recommendations
of actions at this time. We think that the report gives us no additional
information that we didn't have in the past and no reason to act now.
Weare looking for the county to take the report and the issues
related therein, in particular for areas outside of what we call Clam
Bay, and talk to us in the future about the broader responsibilities of
the community and how we may be working to help that.
So we're looking forward to that, but we ask for no specific
action today on the report.
CHAIRMAN DOMENIE: To me, the biggest surprise perhaps
was the reference to the Clam Bay because, to us, Clam Bay is upper
Clam Bay, inner Clam Bay and outer Clam Bay, whereas the study
basically referred to outer Clam Bay, Venetian Bay and Moorings
Bay, which I understand, way back in 1935, was considered to be
Clam Bay, all of that area. And for us to talk about Clam Bay, we talk
about a small area. Whereas, he was talking basically of an area south
of the bridge that leads out to the sandbar.
That's the only thing that I found a bit confusing in that. But I
think the information contained therein was very, very valid. It has a
lot of information. And we have to see how we can work with the
city, that has some problems, to see how we can avoid spillage from
the city into our Clam Bay system.
And I know we're working closely with Mike Bauer and with
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Gary McAlpin on that. And we look forward to continuing to
cooperate with everybody on that.
MR. BURKE: Mr. Chairman, where are we on incorporating
some of these recommendations into the permit plan? Where is all of
that?
MR. PETTY: Mr. Chairman?
CHAIRMAN DOMENIE: Yes.
MR. PETTY: In talking with Mr. McAlpin and staff, at this time,
they are still in discussion. The permit is still at the county level. Mr.
McAlpin is still considering the options of the county in the scope of
what he feels is of benefit to put into this permit application, or what
may be best put into this permit application, and possibly some other
application. So we're trying to talk those issues out.
The City of Naples is part of that working group with staff, and
the county, of course, has been working with Pelican Bay Services
Division, so we have no action to ask the board to consider.
It is still a work in progress, with each item being brought back to
this committee for discussion. If it takes any appreciable amount of
time, we will then come back to this body and probably ask for a
temporary extension of our existing permit.
MR. BURKE: With the state?
MR. PETTY: Yes, sir. But at this time, we don't see any reason
to call or ask for action.
MR. BURKE: So all of that talk we had about the urgency to get
this permit in by a certain date really--
MR. PETTY: We kind of blew that up, sir. We are no longer on
that plan.
MR. BURKE: So we are on Plan B?
MR. PETTY: Yes, sir. We are on Plan B, where it is almost
impossible to get the permit done without going for an extension
sometime. There is no need to rush that, since we have about a year
and a half to do that.
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CHAIRMAN DOMENIE: We only have until July next year to
ask for an extension, right?
MR. PETTY: And again, depending on our talks with the county
and city and the definition of the scope, we would like to hold off
from doing any action now, but, if this holds off for another month ,or
so, we'll probably come back to you and ask for a recommendation to
extend the existing permit.
CHAIRMAN DOMENIE: Okay.
Then the next item is additional water quality testing within
Pelican Bay.
This basically refers to just checking -~ going back to what we
were doing some years ago, checking, I think, 16 additional locations
east of the berm, in some of the lakes east of the berm just to see if
there is any source of pollution, in may say that.
MR. PETTY: For tracking and--
CHAIRMAN DOMENIE: Right. To check on the various
ingredients in the water. And if there is anyone lake that is showing
perhaps a higher quantity of some fertilizer or nitrogen or
phosphorous, that we can then try to trace it up the stream to see
where that is coming from. But there is really no need. But it's just
something that we feel that we should be doing. We did it in the past.
There were no signs of any problems anywhere, but it hasn't been
done for five years, I think.
MR. PETTY: With our current and ever-increasing concern over
nutrient loadings and surface water, we think that it is necessary to
reimplement that program. Even though we have had that long history
of not having any issues, we would like to have it as a permanent
record so that we have that ability to fall back on that data.
CHAIRMAN DOMENIE: And I will bring it up to the budget
committee next Wednesday.
MR. PETTY: Sir, we're asking that you also include in that ~-
since we have already told them that we're looking for increased
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16 i 26
J--
sample stations, so they are expecting you on that one, we are also
looking for you to also consider a budget item allocation from our
unrestricted carry-forward for possible items which were on associates
contract, extending that for any research material that we may have to
do in consideration of this new working relationship with the city Gl9-d
the county. We may have to do a study of some hydraulic nature. We
may have to do a specific flora or fauna study for a very specific issue
for the permit. And currently, while the contract allows for it, we did
not budget it, and we're looking for that consideration.
MR. BURKE: Quick question. The date of this water quality
summary is December '06?
MR. PETTY: Yes, sir.
MR. BURKE: Why is it in front of us today, what are we talking
about here? Is this an example of what we are capable of doing?
MR. PETTY: You'll get a brand new one in January of '08 that
will be the '07 report from Turrell, Hall and Associates. It's part of his
annual contract. It is on your agenda today, simply to go over an issue
of nutrient loading, an example thereof. I think the chairman had
taken a sample location off of that list that had the highest amount of
phosphorous and back traced it upstream, which led him into the Bay
Colony area. And he's been in discussion with them on their
technique.
Now, this is a parameter that has not exceeded any of our criteria.
It was simply one that he wanted to use as an indicator of our
diligence in looking over our data.
MR. BURKE: That's what we're saying here.
MR. PETTY: Y es. We talked about how we follow up on it and
your chairman personally did so in the last couple of weeks.
CHAIRMAN DOMENIE: It just showed us the small increase,
as he said, way below any standards. But I was just curious why that
might be going on, and that's why it is Bay Colony.
MS. WOMBLE: John, where did you look in Bay Colony?
558
l6i 287
CHAIRMAN DOMENIE: I have a slide that shows it. Basically
Vizcaya, because Vizcaya -- sorry, Vizcaya, that's V-I-Z-C-A-Y-A,
since you're not familiar with it. Vizcaya has a little lake surrounded
by villas. And it's a stagnant lake that has an overflow but hasn't
overflown into the mitigation pond for five years. So the water jtJst
remains there.
And I thought, well, let me at least look there because perhaps
there is some water going underground. Then, right next to Vizcaya,
as well as some of the high-rises, there is a pond called a mitigation
pond, which connects to upper Clam Bay. And so I looked there. And
there there are retention walls, concrete retention walls all around the
lake. There is a rip-rap, and then there is a little bit of soil, dirt, let's
say, in which now some mangroves are starting to get hold.
So I don't see that there is any way that any stormwater can really
be running into it. But, nevertheless, I suggested that we check water
there, just to be sure. And, as I said, it was just something that I saw
from this report and I just wanted to have a look at it.
Yes, sir. Mike Bauer from the city.
MR. BAUER: Mike Bauer, Natural Resources Manager for the
City of Naples.
Regarding your lakes, I could use your help. We have a serious
problem in the City of Naples with algae buildup in the summer. It
just gets really nasty. And we are trying to figure out how to treat
that. In the past the city has used copper sulfate on these lakes. We
have 28 lakes, 11 of them are city owned and 17 are privately. So that
copper sulfate gets into our stormwater and Naples Bay is impacted
for copper.
So we're not adding copper sulfate anymore. It does work. It
does kill the algae. We're trying to figure out some other means of
controlling the algae in our lakes. We tried an experiment with
ultrasound, which was supposed to explode the algae cells. It didn't
work. Now we're going to try growing apple snails because apple
559
16
~) B. '/~
e r
-
snails supposedly are really good at controlling algae.
CHAIRMAN DOMENIE: Apple what?
MR. COLEMAN: Apple snails, which is the main food of the
Everglades kite, the snail kite. So we're going to try that.
We're working the water management district to work on tqat
system. We're also probably going to put in some aerators.
But I would be really interested in working with you on control
of your lakes and whatever you were to find out about the lakes,
working together on the whole lake thing. We have a real problem.
CHAIRMAN DOMENIE: I think, is it perhaps that your lakes--
and excuse me, I'm not criticizing it -- is it that your lakes basically
are stagnant lakes and that there is no inflow and outflow; is that one
of the reasons, perhaps?
MR. COLEMAN: There is inflow and outflow. Almost all of
them are connected to the stormwater system.
CHAIRMAN DOMENIE: They are. Okay.
MR. BAUER: Plus the control structures are old and they don't
work real well. We're starting to look at replacing some of those. It
doesn't flow very well. But they are all connected, one way or the
other.
CHAIRMAN DOMENIE: Okay. I know we are talking right
now about installing some more bubblers on some of the lakes.
Rather, I thought, I said oh, let's put fountains in. And I was told that
bubblers are much more effective than fountains. Fountains look nice
but bubblers are more effective.
We also talked about -- what was the name of the carp?
MR. PETTY: Grass carp.
CHAIRMAN DOMENIE: Grass carp. But we decided against
that because of the problems associated with that. Once they nibble
and eat everything they can, then what do they do, you know? And
the danger of them escaping the lake and getting into some other water
system. So we decided against that.
560
lbl2BJ--
But bubblers are still very much on the list, and we're looking at
it. Because, of course, we have to do the electrical connections and
perhaps talk to some of the neighbors where we are going to put
bubblers.
MR. BAUER: I agree with everything you're saying. It Nst
sounds like a great opportunity to work together on this issue.
CHAIRMAN DOMENIE: Anything we can do together. Thank
you.
Does anybody else have any comments or would like to
comment on anything?
Maryanne, do you have anything?
MS. WOMBLE: Well, sure. I definitely like the presentation. I
think that's excellent. That was a really good job. I think the men's
coffee would be a really good venue because so many men do attend
those. And I would like to check with the golf course and see if there
is some concern. And I know Bob Vetinario is always looking for any
kind of way to educate everybody possible. And the women's league.
Pelican Bay would be another good venue. Ninety-six, Channel 96,
absolutely.
As far as the water in Bay Colony, I am wondering if we could
also make a follow-up. There are a couple of lakes farther east of
Vizcaya.
CHAIRMAN DOMENIE: Yes.
MS. WOMBLE: And I --
CHAIRMAN DOMENIE: We are -- if you see my presentation
in December, you'll see that one of the lakes is the one that comes
from the -- from the Pelican Bay, in this lake behind us, and feeds into
the lake at the public park, Greatwater, and then goes into Bay Colony
and eventually winds its way around the Ritz Carlton. Well, the last
lake before what is --
MR. PETTY: Before mitigation?
CHAIRMAN DOMENIE: No. That very small lake along
561
161 ;~B;}
Vanderbilt Beach Road.
MR. PETTY: Oh, the --
CHAIRMAN DOMENIE: The last lake.
MR. PETTY: I love the name. Very romantic notion. I have
been in there. It's not that pretty. It's kind of muddy now. ,
CHAIRMAN DOMENIE: We were also going to that last lake
because that funnels all of the lake in system six down and that's one
of the things I'll see at the meeting.
MR. PETTY: Mr. Chairman, if I could just reiterate, all of our
downstream locations give us the data that the system is operating
very well. The upstream locations that we would wish to include in
this years's budget, and we're going before the budget committee for
that discussion, is so that we can trace out or go backwards upstream.
Whether there is pest management practices or just best effort, we
want to do the best that we can. And if we can, through tracing, even
lower our -- or increase our current good work to a lower nutrient
loading over time, that would be a benefit. I think that is everybody's
intention.
MS. WOMBLE: I think so, too, and documentation is always a
good thing.
CHAIRMAN DOMENIE: And the services division is also
looking at putting out a little flier which they can distribute to various
associations on the dodder vine as well as on the use of fertilizer.
Again, that's part of the education process, which is
recommended in the PBSNJ report, so that's a follow-up to that also.
Jim?
MR. BURKE: I'm okay.
CHAIRMAN DOMENIE: You're okay.
John.
MR. PETTY: Mr. Chairman, if! could. As you notice, we have
a court reporter instead of Barbara here today. Barbara is off on
vacation, probably still cooking as we speak. She has her son coming
562
161 26 )--
home from the war in Iraq. He's just come off of a double tour. And,
even though we have Jean in the hospital undergoing treatments and
we have our prayers going to Jean, Barbara didn't know what to do
and we've told her to go ahead and take her vacation. It isn't often
she's gotten to see her son in the last couple of years, especially afl:er
doing a two tour stint in Iraq. So we said, don't worry about it, we'll
cover.
So that's why you don't see Barbara. We expect her back next
week.
CHAIRMAN DOMENIE: I congratulated her and her son in the
efforts.
MR. BURKE: Is Jean in and out of the hospital?
MR. PETTY: Jean is currently living with relatives near the
treatment center and goes in and out --
MR. BURKE: Okay.
MR. PETTY: -- as she receives the treatment, but she stays close
by.
We're not supposed to discuss the medical issue, other than we
would like everyone to have a prayer for her and she is in good spirits.
CHAIRMAN DOMENIE: If you want to send a get well card,
send it to our office.
MR. PETTY : We can take care of it.
CHAIRMAN DOMENIE: Anything else?
Anybody in the audience?
MR. BURKE: Last chance.
MS. WOMBLE: We definitely thank: you for being here and
participating.
CHAIRMAN DOMENIE: We need the most input from the
audience also. Okay.
A motion?
MR. BURKE: So moved.
CHAIRMAN DOMENIE: I have to make a motion first. What
563
16" 28 ;).
are you moving?
MR. BURKE: I hope to adjourn.
CHAIRMAN DOMENIE: I accept it.
All in favor.
(A unanimous show of ayes.)
CHAIRMAN DOMENIE: Thanks, everybody.
***************
e being no further business, the meeting was adjourned
of t e Chairman at 10:58 a.m.
BAY S~ES DIVISION
,--.S ·
JOHN DOMENIE, CHAIRMAN
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICE, INC., BY ELIZABETH
BROOKS, RPR, NOTARY PUBLIC.
564
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ., f.. V
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J. u h
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original docum~nt. Original ducument:; should be hand delivered to the Board Office, The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
2
excevtion of the Chairman's signature, draw a line through routing lines #1 throUlzh #4, cOffiDlete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routiO!! order)
I.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contacl is the person who created/prepared the ex.ecutive
summary. Primary comact information is needed in the even! one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's sib'llillurc arc to be delivered to the Bee office only after the BCe has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
cil4 \ea.c.\--'
Agenda Item Number
Yes
(Initial)
N/A(Not
A Iicable)
Phone Number
-:J Ol-q 19-0 V 'i
'Se+W e N\€.(\ i-
Number of Original
Documents Attached
nr:6
nA
nre
()f/3
nlA
I: Forms! County Fonus! Bee Forms! Original Documents Routing Slip WWS Original 9.0.1.04, Revised] .26.05, Revised 2.24.05
"-1'<')1\+
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exceplion of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCe
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCe approval of the
document or the final ne otiated contract date whichever is ap Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensilive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on Olll.qD'?S (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Heable.
2.
3.
4.
5.
6.
1611 2
r\
SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN COLLIER
COUNTY AND VIRGINIA DEVISSE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred
to as the "Agreement ") is entered into and made on the date when it has been executed by the
last of the parties to sign it, by and between Collier County (hereinafter referred to as "the
County"), a political subdivision of the State of Florida, and Virginia Devisse (hereinafter
referred to as "Devisse").
WITNE SSE T H:
WHEREAS, Collier County is a defendant in Case No. 05-807-CA filed in the Circuit
Court for the Twentieth Judicial Circuit because of, inter alia, a claim by Devisse to a pre-
existing vehicular access easement shown in Exhibit "A" attached hereto (the "Easement").
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement and with the intent to be legally bound, the County and
Devisse agree as follows:
I. Simultaneous with the approval of this Agreement by the Collier County Board of
County Commissioners (the "BCC), the BCC shall approve the Termination of Easements (the
"Termination"), a copy of which is attached hereto and incorporated herein as Exhibit "B." This
Agreement shall be declared null and void in the instance that the BCC does not approve the
Termination at the same meeting of the BCC as this Agreement.
2. The BCC shall execute the T errnination within ten (10) days of the approval of
this Agreement and the Termination.
3. Devisse shall, within twenty (20) days of the approval of this Agreement and the
Termination, execute the Termination and record the same in the Public Records of Collier
County, Florida.
I
16K 2
4. Devisse will execute and file, within thirty (30) days of approval of this
Agreement by the BCC, a dismissal with prejudice against Collier County.
5. Both parties agree that all claims asserted or that could have been asserted in Case
No. 05-807-CA will be dismissed by Devisse with prejudice.
6. The County and Devisse acknowledge and agree that this Agreement is intended
to and shall be binding upon their respective owners, principals, officials, officers, employees,
ex-employees, agents, attorneys, sub-contractors, representatives, insurers, successors, assigns,
spouses, heirs and affiliates.
7. The County and Devisse acknowledge and agree that this Agreement is the
product of mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement is to be construed against any party based upon a claim that the party drafted the
ambiguous provision or language or that the party was intended to be benefited by the
ambiguous provision or language.
8. This Agreement may be amended only by a written instrument specifically
referring to this Agreement and executed with the same formalities as this Agreement.
9. In the event of an alleged breach of this Agreement and Release, the County and
Devisse agree that the sole remedy for breach of this Agreement shall be for specific
performance of its terms and conditions; or for any damages arising from the breach. In this
regard, the County and Devisse further agree that the sole venue for any such action shall be in
the Twentieth Judicial Circuit Court of Florida, or, if that Court refuses to accept jurisdiction
thereover. a Court of competent jurisdiction.
10. The laws of the State of Florida shall govern this Agreement.
2
16K
2 ~
II. Both parties further agree that time is of the essence in all respects regarding this
Agreement.
12. Approval of the settlement does not waive any rights or claims the County may have
against Devisse or Centex arising out of or relating to County's acceptance of Tract U.
COLLIER COUNTY:
ATTEST:
DWIGHT E. .~.'}~ Clerk of
Co s of~.other CO~$Ylonda
I .' .,"-' , .
r. .
By:
BOARD~F UNTY
OF COLL CO
By:
, Chairman
OMMISSIONERS
, FLORIDA
.
Deputy Clerk >:
.~~~~
11gNtft Oil ,-'" .
Approved as to form and legal sufficiency:
~~C~~
~ Jacqueline Williams Hubbar
~ Assistant County Attorney
~
Date: JC1.<IVaa a~, ;J..bO'i$
VIRGINIA DEVISSE
WITNESSES:
C)~-()d::-
Signed Name
~_._..-
~, --.
'"-,~
By:
,
'.
05-807-cal1539
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16K
2l
Prepared by and Return To:
AMANDA K. BARRITT, ESQ.
P.O. BOX 280
FORT MYERS, FL 33902-0280
TERMINATION OF EASEMENTS
TJ;!,IS AGR~MENT TO TERMINATE EASEMENTS (the "Termination") dated
the.a.9::. day of _\n.,,)n.~, 2008, by and between DELASOL HOMEOWNERS'
ASSOCIATION, INC., a Flo a not-for-proflt corporation ("Delasol"), whose mailing
address is c/o Integrated Property Management, 3435 10th Street North, Suite 201,
Naples, Florida 341 03; VIRGINIA ANNE DEVISSE, a married person ("Devisse"),
whose mailing address is 5610 Bur Oaks Lane, Naples, Florida 34119; and COLLIER
COUNTY, FLORIDA, a political subdivision and County of the State of Florida
("County"), whose mailing address is 3301 E. Tamiami Trail, Naples, Florida 34112.
WHEREAS, Devisse is the owner of the following property (the "Devisse
Property"):
The South 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of
Section 24, Township 48 South, Range 25 East, of Collier County, Florida.
WHEREAS, by a Grant of Easement recorded at Official Records Book 2116,
Page 421, of the official records of Collier County, Florida (the "Grant of Easement"),
certain easements for ingress and egress and utilities were granted over, across, and
through certain lands now owned by Delasol and the County for the benefit of the
Devisse Property (collectively, the "Easements"); and
WHEREAS, the parties to this Termination have agreed to terminate certain
portions of the Easements.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants herein, the
adequacy and sufficiency of said covenants having been acknowledged by all parties to
this Termination, the parties hereby covenant and agree as follows:
1 . The above-referenced recitals are true and correct.
2. The parties hereby mutually agree that the Easements over the following
properties, which are shown graphically on Exhibit "A" attached hereto and by this
16K 2
reference incorporated herein, are hereby relinquished, abandoned, and terminated in
their entirety:
(a) The West 30 Feet of the North 1/2 of the South 1/2 of the NE-1/4 of the
NE-1/4 of the NW-1/4, Section 24, Township 48 South, Range 25 East, Collier County,
Florida.
(b) The West 30 Feet of the South 1/2 of the South 1/2 of the NE-1/4 of the
NE-1/4 of the NW-1/4, Section 24, Township 48 South, Range 25 East, Collier County,
Florida.
(c) The East 30 Feet of the North 1/2 of the SW-1/4 of the NE-1/4 of the NW-
1/4, Section 24, Township 48 South, Range 25 East, Collier County, Florida.
(d) The West 30 Feet of the North 1/2 of the SE-1/4 of the NE-1/4 of the NW-
1/4, Section 24, Township 48 South, Range 25 East, Collier County, Florida.
(e) The West 30 Feet of the South 1/2 of the SE-1/4 of the NE-1/4 of the NW-
1/4, Section 24, Township 48 South, Range 25 East, Collier County, Florida.
(f) That portion of the East 30 Feet of the South 1/2 of the SW-1/4 of the NE-
1/4 of the NW-1/4, Section 24, Township 48 South, Range 25 East, Collier County,
Florida encumbering Tract "U" as set forth in Paragraph 3(a) below.
It is the intention of the parties that any and all rights Oevisse may have in and to the
Easements referenced in this Paragraph 2 are hereby be terminated.
3. This Termination is specifically not intended to terminate any Easements granted
or reserved for the benefit of the Oevisse Property in the Grant of Easement over the
following properties, which are shown graphically on Exhibit "B" attached hereto and by
this reference incorporated herein:
(a) The East 30 Feet of the South 1/2 of the SW-1/4 of the NE-1/4 of the NW-
1/4, Section 24, Township 48 South, Range 25 East, Collier County, Florida. Except
that the parties agree that this easement will terminate at the Southern boundary of
Tract "U" as depicted on the Plat of the Oelasol Phase Two subdivision as recorded in
Plat Book 41, Page 51 in the Public Records of Collier County, Florida.
(b) The East 30 Feet of the North 1/2 of the NW-1/4 of the SE-1/4 of the NW-
1/4, Section 24, Township 48 South, Range 25 East, Collier County, Florida.
(c) The West 30 Feet of the North 1/2 of the NE-1/4 of the SE-1/4 of the NW-
1/4, Section 24, Township 48 South, Range 25 East, Collier County, Florida.
It is the intention of the parties that the Easements referenced in this Paragraph 3 shall
remain in full force and effect notwithstanding the termination of the Easements set forth
in Paragraph 2 above.
16K 2
4. This Termination is intended to become effective immediately upon being
recorded within the Public Records of Collier County, Florida.
IN WITNESS WHEREOF, the parties have set their hands and seals on the date
and day first-referenced above.
DELASOL HOMEOWNERS'
ASSOCIATION, INC., a Florida not-for-
profit cor oration ~
By: IC.. C --'!Y"2
Printe ame: 4Q._~ 11.. C...lkA.r
Title: Pr-Lr.''''. +-
fl-1A!-( AP/tJ'.1.(?-v!<..
Typed/Printed NamfJ '
\. ~~ .L)ct
Witness Si nature /l I .
~~ L. Cr>fh j
Typed/Pri ed Name
STATE OF
COUNTY OF
FLc(L\ 0 A-
c...c II I E:. (L
2
Jhe foregoing instrument was acknowledged before me this 7' day of
(J~n/l.;'.(,' ,2007by :1'''''''''1 Cv\kV as, efi'JI'ct/v,.f-
of DELASOL HOMEOWNERS' ASSOCIATION, INC., a Florida not-for-profit
corporation, who executed the foregoing instrument on behalf of said corporation~
oois limited paFlflDrst'lip and w~o is personally known to me or who produced
as identification.
~"", MARK E. ADAMCZYK
. MY COMMISSION # 00448593
'\;o,c,..d/" FXPIRES:JuJy07,2009
I~J-NOTARY fJ.NlltaryDiJa:wJIAao.:.CO,
~..+-:'
Notary Public
hI', nc MAf'?\n y)(
Print/Type Name of Notary
My Commission Expires:
Commission No.
T. e foregoing instrument was acknowledged before me this.? day of
, 200~y VIRGINIA ANNE DEVISSE as, who executed the foregoing
i ument on ehalf of said corporation and said limited partnership and who is
personally known to me or who produced as identification.
(O~tJ,6~
Notary Public
ttt !fISTVJ F r1- - 611 TF S
PrintlType Name of Notary
Commission No. .) ~ 0/'77;2~
.~~
~/ ..
/w;'"'' S;go om-- / .
~df)4- S ~
Typed/Printed Name
("0 ~ ,L d 6-~:-
Witness Signature
Uf k21-STI-u ~ 11-. 6ff-rt=5
Typed/Printed Name
STATE OF Fl..Dte.[~ It-
COUNTY OF (' D L c..l E K...--
My Commission Expires:
(D'''''~ CIflISTlNEABATES
: ''''. MY COMMISSION' 00 519925
. : ' EXPIRES: March 31, 2010
~ " BondlldTlwNallryPldoI.lnderWrtln
ATTEST:. " . "' ~,,'
DWIG,*l'E~' BROck;,-cLERK
',.. ,
By:
\t::~~~~tYt~l~i" ,
'!'J<.,~t"A-u.h, "
1390576v4
16K
2\
'~
By:
Virgini
se
/'
COLLIER COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Approved as to form:
0~c.i~
Office of County Attorney
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RBC lIB
1 (;PRS
SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN COLLIER
COUNTY AND VIRGINIA DEVISSE
Retn:
CLBRI TO THB BOARD
INTBROmCB 4TH nOOR
BIT 7240
4124727 OR: 4326 PG: 3854
RBCORDBD in the OPPICIAL RBCORDS of COLLIBR COUNTY, PL
02/04/2008 at 12:34PH DWIGHT B. BROCK, CLBRK
44.00
5.00
2!
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred
to as the "Agreement ") is entered into and made on the date when it has been executed by the
last of the parties to sign it, by and between Collier County (hereinafter referred to as "the
County"'), a political subdivision of the State of Florida, and Virginia Devisse (hereinafter
referred to as "Devisse").
WITNESSETH:
WHEREAS, Collier County is a defendant in Case No. 05-807-CA filed in the Circuit
Court for the Twentieth Judicial Circuit because of, inter alia, a claim by Devisse to a pre-
existing vehicular access easement shown in Exhibit "A" attached hereto (the "Easement").
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement and with the intent to be legally bound. the County and
Devisse agree as fo Ilows:
I. Simultaneous with the approval of this Agreement by the Collier County Board of
County Commissioners (the "BCC), the BCC shall approve the Termination of Easements (the
"T ermination"'), a copy of which is attached hereto and incorporated herein as Exhibit "B."' This
Agreement shall be declared null and void in the instance that the BCC does not approve the
Termination at the same meeting of the BCC as this Agreement.
L The BCC shall execute the Termination within ten (l0) days of the approval of
this Agreement and the Termination.
3. Devisse shall, within twenty (20) days of the approval of this Agreement and the
Termination, execute the Termination and record the same in the Public Records of Collier
County, Florida.
I
OR: 4326 PG: 3855
16K 2
4. Devisse will execute and file, within thirty (30) days of approval of this
Agreement by the BCC, a dismissal with prejudice against Collier County.
5. Both parties agree that all claims asserted or that could have been asserted in Case
No. 05-807-CA will be dismissed by Devisse with prejudice.
6. The County and Devisse acknowledge and agree that this Agreement is intended
to and shall be binding upon their respective owners, principals, officials, officers, employees,
ex-employees, agents, attorneys, sub-contractors, representatives, insurers, successors, assigns,
spouses, heirs and affiliates.
7. The County and Devisse acknowledge and agree that this Agreement is the
product of mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement is to be construed against any party based upon a claim that the party drafted the
ambiguous provision or language or that the party was intended to be benefited by the
ambiguous provision or language.
8. This Agreement may be amended only by a written instrument specifically
referring to this Agreement and executed with the same formalities as this Agreement.
9. In the event of an alleged breach of this Agreement and Release, the County and
Devisse agree that the sole remedy for breach of this Agreement shall be for specific
performance of its terms and conditions; or for any damages arising from the breach. In this
regard, the County and Devisse further agree that the sole venue for any such action shall be in
the Twentieth Judicial Circuit Court of Florida, or, if that Court refuses to accept jurisdiction
thereover, a Court of competent jurisdiction.
10. The laws ofthe State of Florida shall govern this Agreement.
2
16K
2
OR: 4326 PG: 3856
II ' Both parties further agree that time is of the essence in all respects regarding this
Agreement.
12. Approval of the settlement does not waive any rights or claims the County may have
against Devisse or Centex arising out of or relating to County's acceptance of Tract U.
COLLIER COUNTY:
ATTEST:
DWIGHT E. B~~; Clerk of
Co rts of c;611fer CoU,tlty~Florida
l .;y . . ..~(\
'--", -
By:
BOARD:fF UNTY
OF COLL CO
By:
, Chairman
OMMISSIONERS
, FLORIDA
.
Deputy Clerk,'"
~ ~'~\(
Date: "I,), ",', .
Attest AI 0, , ~' I .
s1gutn Oil," ' '
Approved as to form and legal sufficiency:
~~C:f;~
Jnv Jacqueline Williams Hubbar
~ Assistant County Attorney
Date: ~(lV~ ().,,?, ;LbO~
VIRGINIA DEVISSE
'y:. ./ I
! (,[,
I
"'Signed Name
fir)! S'
Printed Name
'~-'
- '\ -'~-, -~
By: ,'')y--
~ I ginia Devisse
~
WITNESSES:
C~~-()U:C:-
Signed Name
05.807-ca/1539
3
OR: 4326 PG: 3857
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Prepared by and Return To:
AMANDA K. BARRITT, ESQ.
P.O. BOX 280
FORT MYERS, FL 33902-0280
4124728 OR: 4326 PG: 3859
RBCORDBO in OllICIAL RBCOROS of COLLIBR COUNTY lL
02/01/2008 at 12:311N DWIGHT B. BROC!, CLBRK '
RBC m 52.50
cams 6.00
Retn:
CLBRK TO THB BOARD
INTBROllICB 4TH lLOOR
BIT 1210
16K
2~
TERMINATION OF EASEMENTS
Tj;!IS AGREEMENT TO TERMINATE EASEMENTS (the "Termination") dated
the 01'1 day of ~va.~, 2008, by and between DELASOL HOMEOWNERS'
ASSOCIATION, INC., a Flo a not-for-proflt corporallon ("Delasol"), whose mailing
address is c/o Integrated Property Management, 3435 10th Street North, Suite 201,
Naples, Florida 34103; VIRGINIA ANNE DEVISSE, a married person ("Devisse"),
whose mailing address is 5610 Bur Oaks Lane, Naples, Florida 34119; and COLLIER
COUNTY, FLORIDA, a political subdivision and County of the State of Florida
("County"), whose mailing address is 3301 E. Tamiami Trail, Naples, Florida 34112.
WHEREAS, Devisse is the owner of the following property (the "Devisse
Property"):
The South 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of
Section 24, Township 48 South, Range 25 East, of Collier County, Florida.
WHEREAS, by a Grant of Easement recorded at Official Records Book 2116,
Page 421, of the official records of Collier County, Florida (the "Grant of Easement"),
certain easements for ingress and egress and utilities were granted over, across, and
through certain lands now owned by Delasol and the County for the benefit of the
Devisse Property (collectively, the "Easements"); and
WHEREAS, the parties to this Termination have agreed to terminate certain
portions of the Easements.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants herein, the
adequacy and sufficiency of said covenants having been acknowledged by all parties to
this Termination, the parties hereby covenant and agree as follows:
1. The above-referenced recitals are true and correct.
2. The parties hereby mutually agree that the Easements over the following
properties, which are shown graphically on Exhibit "A" attached hereto and by this
16K 2'~
OR: 4326 PG: 3860
reference incorporated herein, are hereby relinquished, abandoned, and terminated in
their entirety:
(a) The West 30 Feet of the North 1/2 of the South 1/2 of the NE-1/4 of the
NE-1/4 of the NW-1/4, Section 24, Township 48 South, Range 25 East, Collier County,
Florida.
(b) The West 30 Feet of the South 1/2 of the South 1/2 of the NE-1/4 of the
NE-1/4 of the NW-1/4, Section 24, Township 48 South, Range 25 East, Collier County,
Florida.
(c) The East 30 Feet of the North 1/2 of the SW-1/4 of the NE-1/4 of the NW-
1/4, Section 24, Township 48 South, Range 25 East, Collier County, Florida.
(d) The West 30 Feet of the North 1/2 of the SE-1/4 of the NE-1/4 of the NW-
1/4, Section 24, Township 48 South, Range 25 East, Collier County, Florida.
(e) The West 30 Feet of the South 1/2 of the SE-1/4 of the NE-1/4 of the NW-
1/4, Section 24, Township 48 South, Range 25 East, Collier County, Florida.
(f) That portion of the East 30 Feet of the South 1/2 of the SW-1/4 of the NE-
1/4 of the NW-1/4, Section 24, Township 48 South, Range 25 East, Collier County,
Florida encumbering Tract "U" as set forth in Paragraph 3(a) below.
It is the intention of the parties that any and all rights Devisse may have in and to the
Easements referenced in this Paragraph 2 are hereby be terminated.
3. This Termination is specifically not intended to terminate any Easements granted
or reserved for the benefit of the Devisse Property in the Grant of Easement over the
following properties, which are shown graphically on Exhibit "B" attached hereto and by
this reference incorporated herein:
(a) The East 30 Feet of the South 1/2 of the SW-1/4 of the NE-1/4 of the NW-
1/4, Section 24, Township 48 South, Range 25 East, Collier County, Florida. Except
that the parties agree that this easement will terminate at the Southern boundary of
Tract "U" as depicted on the Plat of the Delasol Phase Two subdivision as recorded in
Plat Book 41, Page 51 in the Public Records of Collier County, Florida.
(b) The East 30 Feet of the North 1/2 of the NW-1/4 of the SE-1/4 of the NW-
1/4, Section 24, Township 48 South, Range 25 East, Collier County, Florida.
(c) The West 30 Feet of the North 1/2 of the NE-1/4 of the SE-1/4 of the NW-
1/4, Section 24, Township 48 South, Range 25 East, Collier County, Florida.
It is the intention of the parties that the Easements referenced in this Paragraph 3 shall
remain in full force and effect notwithstanding the termination of the Easements set forth
in Paragraph 2 above.
OR: 4326 PG: 3861
4. This Termination is intended to become effective immediately upon being 1'.. b' K
recorded within the Public Records of Collier County, Florida.
IN WITNESS WHEREOF, the parties have set their hands and seals on the date
and day first-referenced above.
2 ~/
~~~
......Witness Signature .
/VIAl- ( A P/+. JiA..cz_v IC.
Typed/Printed Namfl I
'- ~A ,'-1'ct
Witness Si nature /J I .
~~L ~~
Typed/Pri ed Name
DELASOL HOMEOWNERS'
ASSOCIATION, INC., a Florida not-for-
profit c~or oration >1
By: --=-. -- I<. C ffY2
Printe ame: 4Ci_.... IJ.. C....(lca..r
Title: Pr-~.'.p. +-
STATE OF
COUNTY OF
FLc!2-\ 0 f.t
G:!ll is(L
The foregoing instrument was acknowl~dged ?efore me this .~ day of
I/Qu/>.l-:>-t-" ,2007by S"""'l Cv\j.(u as, 1),Uld.IV1.f-
of DELASOL HOMEOWNERS' ASSOCIATION, INC., a Florida not-for-profit
corporation, who executed the foregoing instrument on behalf of said corporation~
3Gid Iiffiitoa paRl"lcrst9ip and w.ho is personally known to me or who produced
as identification.
.)
~,.~~
Notary Public
/vi Mi- ~L. f\-I) A '-11. n. Y K:
PrintiType Name of Notary
My Commission Expires:
~W""'; MARK E. ADAMCZYK
~ MY COMMISSION # 00448.593
-.;;...~ EXPIRFS, JoIy 07. 2009
t~OO-3-NOTARY A. NOWY~IA.1&oc:. Co.
Commission No.
T e foregoing instrument was acknowledged before me this d. day of
, 200tby VIRGINIA ANNE DEVISSE as, who executed the foregoing
i ument on ehalf of said corporation and said limited partnership and who is
personally known to me or who produced as identification.
(O~14,6~
Notary Public
t1t tf{lSl( A..J f- II - 611 TF S
Print/Type Name of Notary
Commission No. ,] ~ C'f 77 ;2S
i::rf k21-s T (AJ E' It-. 6ftrt:'5
Typed/Printed Name
STATE OF _FL.Ote.l:tl +
COUNTYOF (1DLU<=: K.......
My Commission Expires:
rQ" ",,'. . CIIlIS11NE A. BATES
t., ~;;, MY COMMISSION # DO 519925
~~ " EXPIRES: Matd131, 2010
-'1,~Ilf.", ...BondedThNNl*ryNlllclJnderMlkn
ATTEST:,. . r' :r"
DWIGf:IJfi::' BROCk;.CLERK
By:
At~~~tY;~I~. ",' ,
'!~\{ltil"'" whY-
1390576v4
OR: 4326 PG: 3862
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COLLIER COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Approved as to form:
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17A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
.................-...-.....--.....---................-***.****.~.******.*..*.********\***\*****.***.*
Originating Dept/ Div: Comrn.Dev.Serv.l Planning Person: Willie Brown ~ Date: \ "l. \ t...~ 0'"1
Petition No. (If none, give brief description): Petition No. RZ-2006-AR-I 0422, Naples Mazda
Petitioner: (Name & Address): Davidson Engineering, Tim Hancock, 2154 Trade Center Way, Suite 3
Naples, FL 34109
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before Bee
BZA
Other
Requested Hearing date:
January 29. 2007
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: RZ-2006-AR.I0422. Myers Enterprises of
Naples, LLC, represented by Tim Hancock of Davidson Engineering., requests a rezone from the Industrial (I) Zoning District
to the Commercial (C-4) Zoning District for a 1.83:1:: acre project to be known as Naples Mazda. The property is located at the
Southwest Corner of Airport Road and J & C Boulevard in Section 11, Township 49 South, Range 25 East, Collier County,
Florida
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
D~nt~Lf"-
S<A.s..^ lste_s
List Attachments:
Approved by:
n'?('~1
Date
County Manager
Date
DISTRIBUTION INSTRUCTIONS
A. For hearings before BeC or 8ZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or
request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will
distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***.*.***.....**.***...*......*................*....***..............................................
FOR CLERK'S OFFICE USE ONLY:
Date Received: ~ Date of Public hearing: i\ 2.. <\l () ~ Date Advertised: -M D~
17A
ORDINANCE NO.OS-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41. AS AMENDED,
THE COU-lER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA. BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN
INDUSTRIAL (I) ZONING DISTRICT TO A COMMERCIAL
(C-4) ZONING DISTRICf FOR THE PROmCf KNOWN AS
NAPLES MAZDA. LOCATED AT THE SOUfHWEST
CORNER OF AIRPORT ROAD (C.R. 31) AND J & C
BOULEVARD, IN SECTION 11, TOWNSlllP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY. FLORJDA.
CONSISTING OF 1.83+/- ACRE: AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Tim Hancock, of Davidson Engineering, Inc., representlng Myers
Enterprises of Napl~, LLC, petitioned the Board of County Commiss.ioners to change the zoning
classification of the herein described real propeny.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the real property more particularly described in Exhibit A,
uttached hereto and incorporated herein by reference, located in Section 11, Township 49 South,
Range 25 East, Collier County, Rorida, is changed from an Industrial (1) Zoning District to a
Commercia] (C-4) Zoning District for a 1.83+/~ acre project known as Naples Mazda, subject to
the conditions shown in Exhibit B. The appropriate zoning atlas map or maps, as described in
Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are
hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super~majority vote of the Board of County
Commissioners of Collier County. Florida, this _ day of ,2008,
ATfEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
JAMES COLETfA, CHAIRMAN
Approved as to form
and legal sufficiency:
~arjorie M. Student-Stirling
Assistant County Attorney
..
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17A
17A
CONDITIONS OF APPROVAL
NAPLES MAZDA
RZ-2006-AR-I0422
I. Any approval by the Collier County Planning Commission must be subject to the
adoption of the companion small scale comprehensive plan amendment, a finding of "in
compliance" by the Department of Community Affairs (DCA) of said amendment, and
the running of the time in which an affected person can file a challenge to the DCA
finding.
2. All right-of-way that is necessary to construct the J&C Boulevard and Airport-Pulling
intersection improvements, required by the Transportation Division, shall be conveyed by
the developer in fee-simple title, free of any encumbrances or liens, to the Board of
County Commissioners upon the Transportation Division's approval of the J&C
Boulevard improvement plans. The boundaries of the required right-of-way shall be
defined during the review and approval process for the intersection improvement plans.
The date for this conveyance shall be determined at the time of said approval.
3. The developer shall be responsible for construction of all required intersection
improvements. All costs above the developer's proportionate fair share will be credited
towards Transportation Impact Fees.
4. Any proposed cross-section for J&C Boulevard is considered conceptual and shall
require final approval by the Transportation Division. The Transportation Division must
approve all costs estimates related to the project before such an amount can be utilized
for impact fee credits.
5. The development must extend the Eastbound right turn lane on J&C Boulevard +/- 70
feet and shorten the turn lane entry taper to a length of 50 feet. The 'middle' site access
(as conceptually shown on the included plans) must align perpendicularly to J&C
Boulevard and must not connect to taper for the turn lane. The horizontal layout included
in this plan for the intersection of J&C Boulevard and Airport-Pulling Road is considered
conceptual and shall require final approval by the Transportation Division.
EXHIBIT B
17 ,~
January 2,2008
AUn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: RZ-2006-AR-I0422; Naples Mazda
Dear Legals:
Please advertise the above referenced notice on Sunday, January 13, 2008 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P .0./ Account # 113-138312-649110
17A
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, January 29, 2008, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN INDUSTRIAL (I) ZONING
DISTRICT TO A COMMERCIAL (C-4) ZONING DISTRICT FOR THE PROJECT
KNOWN AS NAPLES MAZDA. LOCATED AT THE SOUTHWEST CORNER OF
AIRPORT ROAD (C.R. 31) AND J & C BOULEVARD, IN SECTION 11,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 1.83 +/- ACRE: AND BY PROVIDING AN EFFECTIVE DATE.
Petition RZ-2006-AR-10422, Myers Enterprises of Naples, LLC,
represented by Tim Hancock of Davidson Engineering., requests a
rezone from the Industrial (I) Zoning District to the Commercial
(C-4) Zoning District for a 1.83 +/- acre project to be known as
Naples Mazda. The property is located at the Southwest Corner of
Airport Road and J & C Boulevard in Section 11, Township 49
South, Range 25 East, Collier County, Florida.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized by
the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
17A
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
:-Countyof Collier
\L..... _. '
CLERK OF THE CIR. CUJT COURT
COLLIER COUNTY <tOURT~OUSE
3301 TAMIAMI l\MIL EAST
P.O. BOX. 413044,
NAPLES, FLORIDA ':l11 0 1-3044
-$-
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 2,2008
Davidson Engineering
Tim Hancock
2154 Trade Center Way
Suite 3
Naples, FL 34109
Re: RZ-2006-AR-I0422; Naples, Mazda
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the Board
of County Commissioners on Tuesday, January 29, 2008, as indicated on the
enclosed notice. The legal notice pertaining to this petition will be published in the
Naples Daily News on Sunday, January 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
( ,4
~01 ) ,~
Martha Vergara, U
Deputy Clerk
Phone- (239) 732-2646
Website- www.c1erk.collier.fl.us
Fax- (239) 775-2755
Ernail- colllerclerk(a)c1erk.collier.ll.us
Martha S. Vergara
17 p,
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Thursday, January 03, 2008 10:23 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT03601.txt; RZ-2006-AR-10422 - Naples Mazda
I=:. '1
lb
f':-:> I
L::.J
ATT03601.txt (231 RZ-2006-AR-l0422
B) . Naples Mazd..
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Martha S. Vergara
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Thursday, January 03, 200810:31 AM
To: Martha S. Vergara
Subject: RE: RZ-2006-AR-10422 - Naples Mazda
OK
From: Martha S. Vergara [mailto:Martha.Vergara@colliercierk.com]
Posted At: Thursday, January 03, 2008 10:23 AM
Posted To: Legals - NDN
Conversation: RZ-2006-AR-10422 - Naples Mazda
Subject: RZ-2006-AR-10422 - Naples Mazda
Pam,
Here is yet another one. ..
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
1/3/2008
Page 1 of 1
17A
,
l
Th.Th,
NAPLES DAILY '\EWS
PlIbllshcd Daih
~"pb FI ,~l ()'
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned thc~ SCf\'C as the authority, pcrsonall~
appcmcd fl-O._Lmub. \\lio Oil oath says thai they
sene as the '\SSist:lllt Corporate Sccrclar~ or the Naples Dail~.
;1 dai 1.\ ilC\\ sp:q)cr published at Naples. ill Collier Connly_
!:lorida~ distributed ill Collier and Lee coulllics of Florida: Ilwl
the attached copy of the ad\'crtising. being a
PLJBlo.KliQTICI;
ill lhe Illatter of PI. BLlC NOTICE
\'<1S published in said Ilc\\spapcr I time in the issue
on January 11'1'.200X
\f'iianl furth,'r 'a\s !hill!h..:: ~aid ~apk~ ]):li1~' I\..::\\~ is;j llL'\\~p:lpd
Pllhlishc:d :\1 \iipk\. III Sdid Colli..:r Count\. Flonda. ,IlHl1hallh..: said
Il'.'\\"'p:lrc'r- h;\~ lh.:rdnkrl' h-:-:n L'\1ntinuol1sh, puhlish-:u ill -;;till ('ollicl
('<\lInt\. Ilorida: distribukd in (',\Ili..::r ill1d I ,,:0.; ,:,)uI11iL'~ "t' II"I-ida
L'ad1 day and has h.c-:n .:ntcr-:d as 'L'L'()jll.l-:lass 11lalll11alkr at 1h.' pels1
"lli.x in\apks. in said Colli.:r ('uunt\, l'lorida. tor <l p.;Twd ,)1' ]
'~'jr )];:"\t rrL'~';:diIlS th-: lirs! puhliL'ali\!11 ul'lh-: atta.:h.:d ,:"py "I
;l<lILTllsL'111-:llL ;lJld ;d'tianl hlrlh<,r sa\s lllat 11.: has n-:ilhcr paid nor
p:elllli,..:d ;1;]\ [lLI:,(;II. 11m; ,\! ,-Ulp.Jldli"l1 ,l;;, ,lisLudlll. ILh.lk.
L'\'lllll1issi()n or r..:llI1]d lu! tilL' purP()s-: or S-:L'llrill~ this ad\ .:rlis-:mL'1l1 1"1
"..hi" "'dh: ,..~u__
( Signature of affiant)
S\\'orn to and subscribed before IllC
This I_~IJ:.
1):,: ()fht',Ui1r\ 2(1(j~
('\ud-<..-;:.. /\o...~
(Sigl~'C of 1l01~ pllhlic)\
FE! .50-257X_~):
"""~";""
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-".NF \.,.,
JUDY JANES
Commission 00 675029
Expires May 16, 2011
6omledThI\J TrovF!lIl111l6lmlf1C1l 1l(I(J.385-7019
:17A
,
Cop." 'of' ,'Ute proposed
ordlrJ!ce:Are on file
with ite Cterk tD the
fi::r.aYi~i:
. .It<laOllblO''eard.
&,\fG;i
.~Pte-
fl" tOb(e,~;=
Ilpila)(trs, will
~'It:=
IIJ , ,an IndIVIdual, to
spUk\'on' behalf of an
organlzatton or _Group ls
encouraged. If recog.
n!zed by the ChaII"f'nai1.
a'spOkesperson fOrr' I'
group, or organlzat on
!'M'"be allotted 10mln~
~)to speak 9n an
PeriOni wishIng to have
written or' graphic ma.
I..~~.. e~l r~:ni
'" jj,!j'';;''1'.;''II\I,..
.. """IUH\"I'II'O-
Jit,.t
staff a '."!!t,
en d~Y.' _~=:
.c '....
.tl~.,. OW t , Board
Vim become a perm..
nent part of the rtCOrd.
Any PtI:Son' ~ decides
~o ',' adedslon of
the '''=,netd a re-
. the , " k'lgs
pe' I'''trisr t e"eto and
~.may.need to
ensure that a \lerbatlm
record of the proceed.
Inti. Is m~. which reo
QOfQlMludet the'testl.'
.mofl;\l 'and, e\lldence
~~hth_e appeal
~Jg.,R!...sO U N T Y
CO,\'LIE.r'~UNTY ,
....COl.ltT.. CHAIR.
IotAN.
D:WIGKT E. ,B''ROC'K,
fy~artha Vergara,
'~~Clerk
Jan~, No. 1654195
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exce tion oftheChainnan's si ature, draw a line throll h routin lines #1 thrau #4, com lete the checklist, and forward to Sue Filson (line #5 .
Route to Addressee(s) Office Initials Date
(List in routin order
I.
17A
t~ Dr
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
W.\\.t.
~J"'~"""
Phone Number
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Agenda Item Number
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INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si alure and initials are re nired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on \ 1. 0"6 (enter date) and all cbanges
made during tbe meeting have been incorporated in the attached document. The
Coun Attorne 's Office bas reviewed the cban es if a licable.
Number of Original
Documents Attacbed
d..
Yes
(Initial)
N/A (Not
A licable)
l.
./
2.
3.
/
/'
4.
5.
./
I: Formsl County Forms! BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
February 6, 2008
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-03
Attached, please find one (1) copy of the document referenced above (Agenda
Item #17 A), as approved by the Board of County Commissioners on Tuesday
January 29, 2008.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosure
l?A
MEMORANDUM
Date:
February 6, 2008
To:
Willie Brown, Principal Planner
Zoning and Land Development
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-03
Enclosed please find one copy of the document as referenced above
(Agenda Item #17 A), adopted by the Board of County
Commissioners on Tuesday, January 29, 2008.
If you should have any questions, please call 252-84ll.
Thank you.
Enclosure
17 A
l?A
ORDINANCE NO. 08-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN
INDUSTRIAL (1) ZONING DISTRICT TO A COMMERCIAL
(C-4) ZONING DISTRICT FOR THE PROJECT KNOWN AS
NAPLES MAZDA, LOCA TED AT THE SOUTHWEST
CORNER OF AIRPORT ROAD (C.R. 31) AND J & C
BOULEVARD, IN SECTION 11, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 1.83+/- ACRE; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Tim Hancock, of Davidson Engineering, Inc., representing Myers
Enterprises of Naples, LLC, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the real property more particularly described in Exhibit A,
attached hereto and incorporated herein by reference, located in Section 11, Township 49 South,
Range 25 East, Collier County, Florida, is changed from an Industrial (I) Zoning District to a
Commercial (C-4) Zoning District for a 1.83+/- acre project known as Naples Mazda, subject to
the conditions shown in Exhibit B. The appropriate zoning atlas map or maps, as described in
Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are
hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this dq+" day of :) a'u.,,(~ ' 2008.
ATTEST~: ,i',.
" ~ .. ."1'''' ....
DWIGHT E. BROCK. CLERK.
~,~~~~k
~~:tl'" ".......,;;,>.Jleputv Clerk
;."l".,S5~,.",... .*,~0"\,.(~lnaan s
. (~4~~\til'll ,
Approved as10 form
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER C7TY, FL RlDA .
By: J'fJ1-
TOM HENNING, CHAIRMAN
Marjo(i M. Student-Stirling
Assistant County Attorney
- !Jb/1LL~
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.17 A
CONDITIONS OF APPROVAL
NAPLES MAZDA
RZ-2006-AR-I0422
I. All right-of-way that is necessary to construct the J&C Boulevard and Airport-Pulling
intersection improvements, required by the Transportation Division, shall be conveyed by
the developer in fee-simple title, free of any encumbrances or liens, to the Board of
County Commissioners upon the Transportation Division's approval of the J&C
Boulevard improvement plans. The boundaries of the required right-of-way shall be
defined during the review and approval process for the intersection improvement plans.
The date for this conveyance shall be determined at the time of said approval.
2. The developer shall design, permit, and provide right-of-way sufficient for an additional
eastbound left turn lane on J&C Boulevard prior to Certificate of Occupancy for that
additional site.
3. Any proposed cross-section for J&C Boulevard is considered conceptual and shall
require final approval by the Transportation Division. The Transportation Division must
approve all costs estimates related to the project before such an amount can be utilized
for impact fee credits.
4. The development must extend the Eastbound right turn lane on J&C Boulevard +/- 70
feet and shorten the turn lane entry taper to a length of 50 feet. The 'middle' site access
(as conceptually shown on the included plans) must align perpendicularly to J&C
Boulevard and must not connect to taper for the turn lane. The horizontal layout included
in this plan for the intersection of J&C Boulevard and Airport-Pulling Road is considered
conceptual and shall require final approval by the Transportation Division.
EXHIBIT B
17 f1
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-03
Which was adopted by the Board of County Commissioners
on the 29th day of January, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of January, 2008.
DWIGHT E. BROCK
Clerk of Courts andCi~r-k
Ex-officio to,Board.of .
. . ,
County Commissioners
'" ~. ,-LtR R:(~(' k-
~eresa Polaski,
Deputy Clerk
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
178
To: Clerk to the Board: Please place the foUowing as a:
xxx Nonnal1egal Advertisement
(Display Adv., location, etc.)
o Other:
*.*..**..**......****..*..*.....*.****...*...*....***..**.....*...*....*..*.**.*********.*.*.*****.**.**..
Originating Deptl Div: Comm.Dev.SeIV./P1anning
~. ~R.g,ljIlrlll
.~r.~~
'..,<,.,-"-...-..;,-,,.,
Petition No. (If none, give brief description): Capital Improvement Element Amendment of the Growth Management Plan
Petitioner: (Name & Address): NI A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A
Hearing before XXX BCC
BZA
Other
Requested Hearing Date:
1Ahil..ti~ita;~~
Based on advertisement appearing 10 & 5 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
o Legally Required
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition(s), if any & proposed hearing date: NI A
. ~jinclUde advertising cost? X Yes 0 No
4 - ,;/of-OY
If Yes, what account shonld be charged for advertising co.~~i.~
Approved by:
County Manager
Date
List Attachments: Advertisement Request and Map
DISTRIBUTION INSTRUCTIONS
A. For bearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure tbat any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. Tbe Manager's office will distribute
copies:
o Coonty Manager agenda me: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
.......*..*.*...*...*..........*.*.*****....................***.....*.*........*..*****....**..............
FOR CLERK'S OFFICE USE~ll:_ " , I.,~ I..,.. =
Date Received: --'-J.l.'1l.U.L Date of Public hearing: ~ Date Advertised: I
123
1781'\'01'
January 29, 2008 Board of County Commissioners Public Hearing
Adyertisina Reauirements
Please publish the following Advertisement and Map on Friday. January 18. 2008 and
Wednesday. January 23. 2008 and furnish proof of publication to the attention of
Marcia Kendall in the Comprehensive Planning Department, 2800 North Horseshoe
Drive. Naples, Florida 34104. The advertisement must be a Y4 page ad, and the
headline in the advertisement must be in a type no smaller than 18 point. The
advertisement must not be placed in that portion of the newspaper where legal notices
and classified advertisements appear.
.
1
178;
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, January 29, 2008 in the Boardroom, 3'd Floor, W.
Harmon Tumer Building (Bldg. F), Collier County Government Center, 3301 E. Tamiami Trail,
Naples, Florida. The Board of County Commissioners will hold a public hearing to consider
adoption of the following County Ordinance to the Growth Management Plan. The meeting will
commence at 9:00 A.M.
The purpose of the hearing is to consider a recommendation on adoption of amendment to the
Capital Improvement Element of the Growth Management Plan. The Ordinance title is as
follows:
ORDINANCE NO. 08-
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
PLAN, BY ADOPTING A REMEDIAL AMENDMENT TO THE
CAPITAL IMPROVEMENT ELEMENT INCLUDING THE
SCHEDULE OF CAPITAL IMPROVEMENTS WHICH
IDENTIFIES FUNDING SOURCES TO DEMONSTRATE AND
DETERMINE FINANCIAL FEASIBILITY OF THE SCHEDULE;
AND BY PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of the proposed Growth
Management Plan Amendment are available for inspection at the Collier County Clerk's Office,
4th floor, Administration Building, Collier County Government Center, East Naples, Florida; and
at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between
the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to this
document should be directed to the Comprehensive Planning Department. Written comments
filed with the Clerk to the Board's Office prior to January 29, 2008, will be read and considered
at the public hearing.
If a person decides to appeal any decision made by the Board of County Commissioners with
respect to any matter considered at such meeting or hearing, he will need a record of that
proceeding, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Is/Patricia Morgan
Deputy Clerk (SEAL)
2
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
t;\
\U
17B
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement
(Display Adv., location, etc.)
o Other:
**********************************************************************************************************
Originating DeptJ Div: Comm.Dev.Serv./P1anning
Person: Marcia R. Kendall
Date 01114/2008
Petition No. (If none, give brief description): Capital Improvement Element Amendment of the Growth Management Plan
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A
Hearing before XXX BCC
BZA
Other
Requested Hearing Date:
Januarv 29, 2008
Based on advertisement appearing 10 & 5 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
o Legally Required
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition( s), if any & proposed hearing date: N/ A
Does Petition Fee include advertising cost? X Yes 0 No If Yes, what account should be charged for advertising costs: 111-138317-
649100-00000
Reviewed by: Approved by:
Department Director
Date
County Manager
Date
List Attachments: Advertisement Request and Map
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Omce
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ?~~r'=o' .)..,n I ".:z II f ~ 101>
Date Received: ~ Date of Public hearing: ~ Date Advertised: ~~
January 14,2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CIE Amendment for GMP and Countywide Map
Dear Legals:
Please advertise the above referenced notice on Friday, January 18, 2008 &
Wednesday, January 23, 2008. Kindly send the Affidavit of Publication, in
duplicate, together with charges involved, to this office.
Thank you.
Sincerely,
Martha Vergara
Deputy Clerk
P.O./Account # 111-138317-649100
17Bfi
,I ~
178
January 29, 2008 Board of County Commissioners Public Hearing
Adyertisinq Requirements
Please publish the following Advertisement and Map on Friday. January 18.2008 and
Wednesday, January 23. 2008 and furnish proof of publication to the attention of
Marcia Kendall in the Comprehensive Planning Department, 2800 North Horseshoe
Drive, Naples, Florida 34104. The advertisement must be a Y. page ad, and the
headline in the advertisement must be in a type no smaller than 18 point. The
advertisement must not be placed in that portion of the newspaper where legal notices
and classified advertisements appear. Also provide the Affidavit of Publication, in
duplicate, together with charges involved, to the Boards Minutes and Records
Department.
1
17 B li'1 {of'
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, January 29,2008 in the Boardroom, 3'd Floor, W.
Harmon Turner Building (Bldg. F), Collier County Governrnent Center, 3301 E. Tamiami Trail,
Naples, Florida. The Board of County Commissioners will hold a public hearing to consider
adoption of the following County Ordinance to the Growth Management Plan. The meeting will
commence a1 9:00 A.M.
The purpose of the hearing is to consider a recommendation on adoption of amendment to the
Capital Improvement Element of the Growth Management Plan. The Ordinance title is as
follows:
ORDINANCE NO. 08-
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
PLAN, BY ADOPTING A REMEDIAL AMENDMENT TO THE
CAPITAL IMPROVEMENT ELEMENT INCLUDING THE
SCHEDULE OF CAPITAL IMPROVEMENTS WHICH
IDENTIFIES FUNDING SOURCES TO DEMONSTRATE AND
DETERMINE FINANCIAL FEASIBILITY OF THE SCHEDULE;
AND BY PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of the proposed Growth
Management Plan Amendment are available for inspection at the Collier County Clerk's Office,
4th floor, Administration Building, Collier County Government Center, East Naples, Florida; and
at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between
the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to this
document should be directed to the Comprehensive Planning Department. Written comments
filed with the Clerk to the Board's Office prior to January 29, 2008, will be read and considered
at the public hearing.
If a person decides to appeal any decision made by the Board of County Commissioners with
respect to any matter considered at such meeting or hearing, he will need a record of that
proceeding, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IslPatricia Morgan
Deputy Clerk
(SEAL)
2
178
ORDINANCE NO. 08-
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
PLAN, BY ADOPTING A REMEDIAL AMENDMENT TO THE
CAPITAL IMPROVEMENT ELEMENT INCLUDING THE
SCHEDULE OF CAPITAL IMPROVEMENTS WHICH
IDENTIFIES FUNDING SOURCES TO DEMONSTRATE AND
DETERMINE FINANCIAL FEASIBILITY OF THE SCHEDULE;
AND BY PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on July 27, 2004 Collier County adopted an Evaluation and
Appraisal Report (EAR) for its Growth Management Plan (GMP) as required by Section
163.3191, Florida Statutes; and
WHEREAS, on January 25, 2007, through the adoption of Ordinance No. 07-07
Collier County adopted the EAR-Based amendments to its Growth Management Plan;
and
WHEREAS, on May 2, 2007, the Department of Community Affairs (DCA) issued
its Notice and Statement of Intent to find certain portions of the County's EAR-Based
Amendments to the Capital Improvement Element, Ordinance No. 07-07, "not in
compliance" as defined by Section 163.3184(1)(b), Florida Statues; and
WHEREAS, pursuant to Subsection 163.3184(16), Florida Statutes, the DCA and
Collier County Board of County Commissioners entered into a Compliance Agreement
on December 11, 2007 to resolve issues raised in the proceedings; and
WHEREAS, to implement the Compliance Agreement remedial amendments to
the Capital Improvement Element of the Growth Management Plan have been prepared
for consideration by the Collier County Board of County Commissioners; and
WHEREAS, the Board of County Commissioners of Collier County did take
action in the manner prescribed by law and did hold public hearings concerning the
adoption of the Remedial Amendment, including the following: the Collier County
Executive Summary; and other documents, testimony and information presented and
made part of the record at the meeting of the Collier County Board of County
Commissioners held on January 29, 2008; and
WHERERAS, all applicable substantive and procedural requirements of law have
been met; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF REMEDIAL AMENDMENT TO THE CAPITAL
IMPROVEMENT ELEMENT OF THE GROWTH
MANAGEMENT PLAN.
The Board of County Commissioners hereby adopts the Remedial Amendment to
the Capital Improvement Element of the Growth Management Plan in accordance with
Words struek-tll.rBHgk are deletions; words underlined have been added
1
1 7 B ''I ~ ('..j
Section 163.3184, Florida Statutes. The amendment is attached hereto as Exhibit "A"
and is incorporated by reference herein.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining
portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this Remedial Amendment to the CAPITAL
IMPROVEMENT ELEMENT shall be the date a final order is issued by the Department
of Community Affairs or Administration Commission finding the Element in compliance
in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No
development orders, development permits, or land uses dependent on this Element
may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a Resolution affirming its effective status,
a copy of which Resolution shall be sent to the Department of Community Affairs,
Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida
32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County this 29th day of January, 2008.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, CHAIRMAN
Approved as to Form and Legal Sufficiency:
-1"~arjOrie Student-Stirling
Assistant County Attorney
Words stru8kthrsligR are deletions; words underlined have been added
2
Martha S. Vergara
17n
w
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday, January 14, 2008 2:41 PM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT222109.txt: CIE Amendments for GMP
~.-1
~
B
ATT222109.txt
(231 B)
CIE Amendments
for GMP
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Martha S. Vergara
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Monday, January 14,20083:01 PM
To: Martha S. Vergara
Subject: RE: CIE Amendments for GMP
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Monday, January 14, 2008 2:41 PM
Posted To: Legals - NDN
Conversation: CIE Amendments for GMP
Subject: CIE Amendments for GMP
Pam,
I have an ad for you. ..
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
1/14/2008
Page 1 of 1
178
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PUBLIC NOTICE
PUBLIC NOTICE
PUBLIC NOTICE
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, January 29, 2008 in the Boardroom, 3"'
Floor, W. Harmon Turner Building (Bldg. F), Collier County Government Center, 3301
E. Tamiami Trail, Naples, Florida. The Board of Counly Commissioners will hold a
public hearing to consider adoption of the following County Ordinance to the Growth
Management Plan. The meeting will commence at 9:00 A.M.
The purpose of the hearing is to consider a recommendation on adoption of
amendment to the Capital Improvement Element of the Growth Management Plan. The
Ordinance title is as follows:
ORDINANCE NO. 08-
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN, BY ADOPTINGAREMEDIAL
AMENDMENT TO THE CAPITAL IMPROVEMENT ELEMENT INCLUDING THE
SCHEDULE OF CAPITAL IMPROVEMENTS WHICH IDENTIFIES FUNDING
SOURCES TO DEMONSTRATE AND DETERMINE FINANCIAL FEASIBILITY OF
THE SCHEDULE; AND BY PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of the proposed
Growth Management Plan Amendment are available for inspection at the Collier
County Clerk's Office, 4'h floor, Administration Building, Collier County Government
Center, East Naples, Florida; and at Comprehensive Planning Department, 2800 N.
Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M.,
Monday through Friday. Any questions pertaining to this document should be directed
to the Comprehensive Planning Department. Written comments filed with the Clerk to
the Board's Office prior to January 29, 2008, will be read and considered at the public
hearing.
If a person decides to appeal any decision made by the Board of County
Commissioners with respect to any matter considered at such meeting or hearing, he
will need a record of that proceeding, and for such purpose he may need to ensure that
a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IslPatricia Morgan
Deputy Clerk
~l~f !'ZIE ~l1f ~Uf "tlf ftlDE "lIt "HE ftUI RUE
ColII.r County
Florid.
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No. 9900551 0
.Jfmwlrv 18 23 2008
178
01/28/2008 04:22
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NAPLESDAILY
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I"LJnl,I\.. 1"i\JII\.!:.l I"U~IIL' l"lUU~~
NOTlCI 0' INTENT TO CON.SIDER ORDINANe
Noiice Is hereby given that on Tuesday, Januery 29, 2008 in the Boardroom, 3" . .
Floor, W. Harmo~ Turner Building (Bldg. F), Collier County Government Center, 3301
5. Tamlaml Trail, Naples, Flortda. The Board of County Commission!!r& wii! hold.8
. . putli!c hearing 10 consider adoption of !he following County Ordinance to the Growl
Management Plan.The meeting will commence at goOD A.M.
The purpose of the hearing is to oonsider a recommendation on adoption of .
, amendment to the Cap~allmprov.m8l1t Element of the GroWlh Managemerrt Plan. ~
Ordinance tille is as follows:
ORDINANCE NO, OS-
AN' ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE
COLLlEReOUNTYGROWTHMANAGEMENTPLAN, BY ADOP1l NGAREMEDIAL
. AMENDMENT TO THE CAPITAL IMPROVEMENT ELEM5NT INCLUDING TH5
SCHEDULE OF CAPITAL IMPROVEM5NTS WHICH IDENTIFIES FUNDiNG
SbURCES TO DEMONSTRATE AND DET5RMINE FINANCIAL FEASIBILITY Of
THE SCHEDULE: AND BY PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE. .
Ali imerestod parties are invited to appeN and be heard. Copies 01 the proposed
Growth Management Plan Amendment are available for inspection at the Collier
County Clerk's OffICe, 4~ floor, Administration Building, Collier County Government
Center, East Naples, Florida; and at COI11p18henslve Planning Department, 2800 N.'
HOI'll.eshoe Drive, Naples, Florida betiNeen the hours of 8:00 A.M. and 5:00 P.M.,
Monday thro\lgh Fr11:lay, Any qtiestio~s pertaininll to this document should be direc1
to the Comprehensive Planning Department. Wntten comments flied with the Clerk
the ~oard's Office prior to Jan....ry29; 2:008, will be read and conSidered at thE! pub
. heenng. . . . ',""c,
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If e person decidea to appeal any decision made- by the Board of County .:
Comml~loners w~h respect to any matter considered at such meeting or hesring; .h
will need a ~ord of that proceeding, and for such purpose he may need to ensurej
a verbatim record ofthe proceedings i9 made, which record Inoludes the testimony'
evidence upOn which !he appeal is to be basod. u' "
BOARD OF COUNTY COMMISSIONERS
COLLIeR COUNT'(, FLORIDA . .
, uHAIRMAN
"
DWIGHT E.. BROCK, CLERK
By: . J9/Petrlcia Morgen
Deputy Clerk
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01/28/2008 04:22
2392534854
NAA..ESDAILV
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NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
Countyafeallier
Befor. the undersign<d tl1ey serve as 1I1e authority, personally
appeared B. Lamb, who OIl oath says that they
serve as tl1. Assistant Corporale SecfCtary Of the Naples Daily.
a daily newspaper published at Naples. in Collier Cmmry,
Florida; dislributed in C<lllier and Lee counties orFlorida; dUlt
the attached copy of the advertising, being a
g,UllLJC NOTICE
in the maner 01 PUBLIC NOTICE
was published in said newspaper 2 times in the issue
On Janl!illY.J 8".23'" 2008
Alfianll\lther ..-"y$ that the said Naples :Daily NC'W$ is . ncw,"pnper
PlJtll;$l'IoId lit N"fllcliI. in l;lollicr COUfTty. Florida. aM thB.t lm ..id.
,newspaper bM hcrc1.rottorc been contin\lously ptlblisbed- in l4id Cdlllllf
COlJnty. FIClids.: di!!.trlblrtell. in Collier and l<<! counlica of Florida.
Cll;h day and hu hccn om"" a.s second cl'-I mall mal1cr at t11e po!ll
offil:c iT! Napl.e~ 111 ,"id Collier Count:y, Flarid&. for & p<<iDd or 1
year next rrae<<ijl1& lh.. finl p~liCl.tion orth~ att:.chI:d copy Qf
:'d....cr1i~mC1lt: Md IIffiant further u)'!' tb.U ~~ hill. Dei1.hec' pt\id nor
I'rClmiged ;lily ~raon. fifm or t:orpor3f.iQlt ;'U))' dil!ic:o\lnt. TIOlbaU.
com.mi.s5i<m or relund (or tile PUfP"l;t of ~ecuring thi" .dvcrti-'Cmcnt (('II'
P"bl;"'I;O"i"lhl;d~
( Signature of affiant)
S worn to and subscr.i~ b:fore me
TIlis2rd
O:ty Of Jal\;I~,TY 2008
C?J\ l~ . ~...t.M(k-)
(Sigmhrc of. ry pub 'c)
FE! 59.2518327
.6" JUDY JANes
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PAGE 03/03
178
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RECEIVED
JAN 2 8 2008
FINANCE
Th.Th.
NAPLES DAILY NEWS
Published Daih
Naples. FL J41112
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Affidavit of Publication
State of Florida
County of Collier
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Before the undersigned they serve as the authority, pcrsonallj
appeared B. Lamb. who on oath says that they
serve as the Assistant Corpomte Secretary ortbe Naples Daily.
a daily newspaper published at Naples. in Collier County.
Florida: dIstributed ill Colher and Lee counties of Florida: that
the attached copy of the <idvcltising. being a
i
PUBLIC NOT.KJ;;
iu the matter of PUBLIC NOTICE
was published in said newspaper 2 times in the issue
On lannan' 18111.231"<12008
,\ftiilllt fllther say~ that the said \"apks Daily ;\cws is a newspaper
Puhlishcd at ~ar1cs. in collier <':lllIl11y. Fll)rida and thallhc said
n<.:\\spap<.:r has hadnll)rC oe<.:n continuous]y published in said Collier
Count\'. Fl()rida~ distributed in Collier and J ,ct:: counties of Florida,
ca..:h day and has bC<211 cnlered as second class mail matter at the post
oftice in Napks. in said Collier County. Florida. for a period of I
y.::ar next pr<:lx:ding the first puhlicatiolJ \)1"lh.:: atla.::hcd copy of
ad\'crtisement; and affiant further says that he has neither paid nor
pl\)lllis..::d allY P"::IS()IJ. firm ()r vJlpc)ratioll an\' disC0ll1lt. rcbak,
commission or retil11d for the purposc of securing this advertisement for
puhlication in the said ne\\'spaper
( S;g~;;(~or0
Sworn to and subscribed before me
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176
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board omce. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's signature, draw a line through routing lines #1 through #4, comnlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I.
2.
3.
-
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
sununary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe oftlce only after the Bee has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phonc Number
Agenda Item Number
v~-
Number of Original
Documents Attached
Yes
Initial)
N/A (Not
A licable)
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages trom ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossib1 State Officials.f
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exee t the BCC Chainnan and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by the Bee on 1 (enter date) and all changes
made during the meeting have been incorpora ed i the attached document, The
Count Attorne 's Office has reviewed the chan es, if a licable.
N/A is not
an option for
line 6.
I: Forms/ County Forms/ BCe Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
MEMORANDUM
Date:
January 13, 2008
To:
Corby Schmidt, Principal Planner
Comprehensive Planning Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-04
Attached please find the original document, as referenced above (Agenda
Item #17B), which was approved by the Board of County Commissioners on
Tuesday, January 29, 2008.
If you have any questions, please call me at 252-8411.
Thank you.
178
Date:
To:
From:
Re:
MEMORANDUM
February 13, 2008
Marcia Kendall, Senior Planner
Comprehensive Planning
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Validated Ordinance 2008-04
Enclosed please find one (1) copy of the above referenced
document, Item #17B, approved by the Board of County
Commissioners on Tuesday, January 29, 2008.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosures
.178
MEMORANDUM
Date:
February 13,2008
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-04
Attached, please find one (1) copy of the document referenced above (Agenda
Item #17B), as approved by the Board of County Commissioners on Tuesday
January 29, 2008.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosure
178
.178
ORDINANCE NO. 08- 04
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
PLAN, BY ADOPTING A REMEDIAL AMENDMENT TO THE
CAPITAL IMPROVEMENT ELEMENT INCLUDING THE
SCHEDULE OF CAPITAL IMPROVEMENTS WHICH
IDENTIFIES FUNDING SOURCES TO DEMONSTRATE AND
DETERMINE FINANCIAL FEASIBILITY OF THE SCHEDULE;
AND BY PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on July 27, 2004 Collier County adopted an Evaluation and
Appraisal Report (EAR) for its Growth Management Plan (GMP) as required by Section
163.3191, Florida Statutes; and
WHEREAS, on January 25, 2007, through the adoption of Ordinance No. 07-07
Collier County adopted the EAR-Based amendments to its Growth Management Plan;
and
WHEREAS, on May 2, 2007, the Department of Community Affairs (DCA) issued
its Notice and Statement of Intent to find certain portions of the County's EAR-Based
Amendments to the Capital Improvement Element, Ordinance No. 07-07, "not in
compliance" as defined by Section 163.3184( 1 )(b), Florida Statues; and
WHEREAS, pursuant to Subsection 163.3184(16), Florida Statutes, the DCA and
Collier County Board of County Commissioners entered into a Compliance Agreement
on December 11, 2007 to resolve issues raised in the proceedings; and
WHEREAS, to implement the Compliance Agreement remedial amendments to
the Capital Improvement Element of the Growth Management Plan have been prepared
for consideration by the Collier County Board of County Commissioners; and
WHEREAS, the Board of County Commissioners of Collier County did take
action in the manner prescribed by law and did hold public hearings concerning the
adoption of the Remedial Amendment, including the following: the Collier County
Executive Summary; and other documents, testimony and information presented and
made part of the record at the meeting of the Collier County Board of County
Commissioners held on January 29, 2008; and
WHERERAS, all applicable substantive and procedural requirements of law have
been met; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF REMEDIAL AMENDMENT TO THE CAPITAL
IMPROVEMENT ELEMENT OF THE GROWTH
MANAGEMENT PLAN.
The Board of County Commissioners hereby adopts the Remedial Amendment to
the Capital Improvement Element of the Growth Management Plan in accordance with
Words strudcthnHigfl are deletions; words underlined have been added
178
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Section 163.3184, Florida Statutes. The amendment is attached hereto as Exhibit "A"
and is incorporated by reference herein.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining
portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this Remedial Amendment to the CAPITAL
IMPROVEMENT ELEMENT shall be the date a final order is issued by the Department
of Community Affairs or Administration Commission finding the Element in compliance
in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No
development orders, development permits, or land uses dependent on this Element
may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a Resolution affirming its effective status,
a copy of which Resolution shall be sent to the Department of Community Affairs,
Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida
32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County this 29th day of Januarv, 2008.
,r
ATTE~t: . '. . "'..
DWIGHT .E., BRQCK; CLERK
~ic ."
BY~t:~(Jt uto.~
ilgl14~~~'
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FRIDA
BY:
TO
Approved as to Form and Legal Sufficiency:
~Ad ~ 1ft J,hd- fiUA.U~
Marjo Student- tirling
Assistant County Attorney
Words struekthrellgfl are deletions; words underlined have been added
2
Capital Improvement Element
Remedial Amendment to Bee
178
1-30-D711-29-08
EXHIBIT "A"
CAPITAL IMPROVEMENT ELEMENT
GOALS, OBJECTIVES AND POLICIES
GOAL 1-: [Renumbered text, page 2]
TO PROVIDE ADEQUATE PUBLIC FACILITIES CONCURRENT WITH NEW
DEVELOPMENT IN ORDER TO ACHIEVE AND MAINTAIN OR EXCEED ADOPTED
STANDARDS FOR LEVELS OF SERVICE.
OBJECTIVE l,1 (PUBLIC FACILITY LEVEL OF SERVICE STANDARDS): [Revised
text, page 2]
Identity and define types of public facilities for which the County is responsible, establish
standards for levels of service for each such public facility, and determine what quantity of
additional public facilities are ~ needed in order to achieve and maintain the standards.
Policy 1.1.1: (Renumbered and revised text, page 2]
The County shall establish standards for levels of service for tv:o eategories of public facilities,
as follows:
Category A P fublic facilities are facilities which appear in other elements of this
comprehensive plan, including arterial and collector roads, surface water management
systems, potable water systems, sanitary sewer systems, solid waste disposal facilities, and
parks and recreation facilities. The standards for levels of service of Category /\ County
provided public facilities shall apply to development orders issued by the County and to the
County's annual budget, and to the appropriate individual element of this Comprehensive
Plan. The standards for levels of service of Categery }. public facilities which are not
County provided shall apply to development orders issued by the County and to the
appropriate individual element of this Comprehensive Plan, but shall not apply to the
County's annual budget.
Category B pualie facilities llfe faeilities fer the County's Iiarary, jail, ana emergeney
meaieal serviees. The standllfas for levels ef serviee of Category B flulJlie faeilities shall
apply te the ComIty's ar.RHal aadget, allt not apply to development oraers issaea ay the
Coaflty.
Public facilities shall include land, structures, the initial furnishings and equipment (inelHaing
amallianees, fire aflparatas, aHaliarary eolleetien materials), design, permitting, and construction
costs. Other "capital" costs, such as motor vehicles and motorized equipment, computers and
office equipment, office furnishings, and small tools are considered in the County's annual
budget, but such items are not "public facilities" for the purposes of the Growth Management
Plan, or the issuance of development orders.
Words underlined are added; words str~Gk Ihr8~!lA are deleted.
Capital Improvement Element
Remedial Amendment to BCC
1-30-0711-29-0J 7 B
Policy 1.1.2: [Renumbered and revised text, page 2]
The quantity of public facilities that is needed to eliminate existing deficiencies and to meet the
needs of future growth shall be determined for each public facility by the following calculation:
Q = (S x D) - I.
Where Q is the quantity of public facility needed,
S is the standard for level of service,
D is the demand, such as the population, and
I is the inventory of existing facilities.
A. The calculation will be used for existing demand in order to determine existing
deficiencies. The calculation will be used for projected demand in order to determine
needs of future growth. The estimates of projected demand will account for demand that
is likely to occur from previously issued development orders as well as future growth.
8. The Board of County Commissioners will shall review all rezone petitions
reqllests, SRA designation applications, conditional use petitions, and proposed
amendments to the Future Land Use Element (FLUE) affecting the overall countywide
COlfH!Y Wiae density or intensity of permissible development, with consideration of their
impact on both the variable "D" in the formula Q = (S x D) - I, and the overall roaaway
Countv transportation system. The Board COllHty Commis3ioH shall not approve any
such petition or application reZOHe reqlfest, SRi'. desigHatioH, conaitioHal1l3e petitioH, or
FLUE amenameflt, tHat which would directlv access a deficient roadwav segment or if it
impacts an adiacent roadwav segment that is deficient or which significantly impacts
either: (I) a deficient roadway segment or adjacent roadwav segment; or (2) the seasonal
population based upon the Bureau of Economic and Business Research at the Universitv
of Florida (BEBR) medium range growth rate population proiections. for all public
facilities BEBR (Blfrealf of EcoHomic and Blfsifles3 Researcll at tHe University of Florida)
Iligh raflge gmwtll rate J'loPlllatioH projectioHs tllrougH. tile five years of tile arumally
Ifpdatea C!Iflitallmpr-ovemeHt Plafl, 011 a cOHtinllously rolliflg basis, aHa tlleH 95%, of tile
BEBR Iligll nmge growtH rate tllereafter, for the variable "D", unless one of the followiHg
three items listed below simultaneously occurs:
~} Specific mitigating stipulations are approved in conjunction with the
rezone or SRA designation resolution, conditional use petition, or FLUE
amendment, to restore or maintain the Level of Service on the impacted roadway
segment;
.au, The adopted population standard used for calculation of"Q" in the
formula Q = (S x D) - I is amended based on appropriate data and analysis;
W, The Schedule of Capital Improvements is updated to include any necessary
projects that would support the additional public facility demand(s) created by the
rezone, SRA designation resolution, conditional use petition, or amendment to the
Future Land Use Element.
Words underlined are added; words str~el( tRre~gh are deleted.
2
Capital Improvement Element
Remedial Amendment to BCC
178
1-30-07/1-29-08
C. Significant impact is hereby defined for Section B of this Policy as generating
potential for increased countywide CStiHty Wiae population greater than 3% 2% of the
population projections for parks, solid waste, potable water, sanitary sewer, and drainage
facilities, or as generating a volume of traffic equal to or greater than 3% 2% of the
adopted LOS standard service volume of an impacted roadway.
D. There are three circumstances in which the standards for levels of service are not
the exclusive determinant of need for a public facility:
I. Calculated needs for public facilities in coastal high hazard areas are
subject to all Jtmi.ts limitations and conditions in the Conservation and Coastal
Management and Future Land Use Elements of this Growth Management Plan.
2. Replacement of obsolete or worn out facilities, and repair, remodeling and
renovation, will be determined by the Board of County Commissioners upon the
recommendation of the County Manager.
3. Public facilities that provide levels of service in excess of the standards
adopted in this Growth Management Plan may be constructed or acquired at any
time as long as the following conditions are met:
a. the facility does not make financially unfeasible any public facility
of the same type that is needed to achieve or maintain the standards for
levels of service adopted in this Growth Management Plan, and
b. the facility does not contradict, limit or substantially change the
goals, objectives and policies of any element of this Growth
Management Plan.
Any public facility that is determined to be needed as a result of any of the factors listed in
Section Band D of this Policy shall be included in the regular Schedule of Capital Improvements
contained in this Capital Improvement Element. All capital improvement projects for such
public facilities shall be approved in the same manner as the projects that are identified according
to the quantitative analysis described in Section A of this policy. Tile teFffis, "weightea" ami
"peale" lfsea wlleH referring to psptllatioH figlfres are eJlplaiHlJa iH tile }\HHtial Upaate !!Ha
b'lyeHlsry repect (}.UIR). Population definitions as used in this Capital Improvement Element
and other elements are e)[plaiHlJll provided below.
Permanent Population is the population proiection figure based on Bureau of Economic and
Business Research at the Universitv of Florida (BEBRl.ffigfl medium range growth rate
population proiections thrtmgh the first five years eflhe aHHtlally lIpaatea Capital ImpfElvemeHt
PllHl, eH a eeHtiHlIsti3ly rolliHg Basis, ana theH 95 pereeHt sf the BEBR high r!!Hge gfewtll rate
peplllatieH prejeetieHs thereafter. The peFffilHleHt population proiection figure is then converted
from April 1 to October]. which is the beginning of the fiscal vear for Collier Countv.
Words underlined are added; words struel< thre~!lh are deleted.
3
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Peak Seasonal Population is the pemmH<lf1t BEBR population figure (described above)
converted to its October 1 figure, increased bv ~ 20% for all areas of the Countv eKeept
Immokalee, to reflect the increase of seasonal part-time residents and visitors, based OH 2000
U.S. BHreaH of the CeHSllS OeellpaHey/VaeaHey data, gasoliHe sales data, retail sales data, aHd
hoteUmotel oeeupaHey rates, aHd iHereasea by 15,000 perSOHS for lmmokalee, to refleet tHe
iHerease of agflellItllre related part time resideHts.
Weighted Ayerage POllulatioR is 87~~ of tHe pen,lllHeHt pOflHlatioH figure (deseribed above),
plHS 33~~ ofthe peak popHlatioH figure (E1eseribed above) to refleet a fOHr (4) mOfltH dllration
seasoHal iHflHx of part time resideHts.
Unincorporated Area Weighted ).veroge Seasonal Population is 67~~ ofthc permaHeHt
seasonal population figure (described above) for unincorporated Collier Countv only, phiS the
33~<' peak poplllatioH figHre (aeseribeEl above) COllHt)".viEle, adiusted to represent how seasonal
residents utilize certain park facilities differentlv.
Policy 1-.1.3: [Renumbered text, page 4]
The determination of location of improvements to expand public facilities will take into
consideration the projected growth patterns as identified in the County's annual population
projections. Where applicable, public facility improvements will be coordinated with the capital
facility plans of any other governmental entity providing public facilities within Collier County.
Policy 1-.1.4: [Renumbered and revised text, page 4]
Public facility improvements within a eategory are to be considered in the following order or
pri ori ty:
A. Replacement of obsolete or worn out facilities, including repair, remodeling and
renovation of facilities that contribute to achieving or maintaining levels of service.
B. New facilities that reduce or eliminate existing deficiencies in levels of service.
C. New facilities that provide the adopted levels of service for new growth during the
next five fiscal years, as updated by the annual review of the this Capital
Improvement Element. In the event that the planned capacity of public facilities is
insufficient to serve all applicants for development orders, the capital
improvements will be scheduled in the following priority order to serve:
I. previously approved development orders permitting redevelopment,
2. previously approved development orders permitting new development,
3. new development orders permitting redevelopment, and
4. new development orders permitting new developments.
D. Improvements to existing facilities, and new facilities that significantly reduce the
operating cost of providing a service or facility.
Words underlined are added; words str~GI( ti'lreugh are deleted.
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E. New facilities that exceed the adopted levels of service for new growth during the
next five fiscal years by either:
1. providing excess public facility capacity that may be needed by future growth
beyond the next five fiscal years, or
2. providing higher quality public facilities than are contemplated in the County's
normal design criteria for such facilities.
Policy b1.5: [Renumbered and revised text, pages 5 and 6)
The standards for levels of service of public facilities shall be as follows:
Category f. PlIblie Faeilitie~
f.rterial ana eolleetor reaas, inelllaing state higHways not on the Ploriaa IntFastate Highway
System PIHS)
A.... Roadways:
A-h 1. Arterials and collector roads: Level of Service as indicated below on the basis of
peak hour, traffic volume:
Level of Service "E" on tHe following aesignatea all six-lane roads~,
Road~
f.iI]lort PlIlling Roaa
Golaen Gate Parkway
Gooalette Prank Roaa
Goedlette PFanl, Road
Pine Riage Reaa
tJ8-4.l.
;\iI]lort PlIlling Roaa
AiTjlert PlIlling Road
Davis Bellle'iar.a
Golaen Gate Parkway
Livingston Roaa
Vanderbilt BeaeH Roaa
Road~
f.iFllort PlIllinl!: Read
Davis Boulev!H'd
Gelden Gate Parkway
Gooalette Prank Road
LivinJi:sten Reaa
Pine RidJ::e Reaa
US 11
VanaersiJt BeaeH Roaa
Frem
Pine Riage Reaa
/\iTjlort PlIlling Road
Pine Riage Road
Golden Gate Parkviay
tJ8-4.l.
Collier Beulevara
tJ8-4.l.
Pine Riage Road
tJ8-4.l.
tJ8-4.l.
Golden Gate Parkway
tJ8-4.l.
From
US 11
US 11
US 11
US 11
Radio Road
US 11
Cellier BOlllevar.a
GlllfoHore Drive
'ffi
Golaen Gate Parkway
Santa Barbara BOlllevara
Golden Gate Parkway
tJ8-4.l.
Logan SOlllevard
ala US 11
Golden Gate Parkway
Vanderbilt Beaeh Road
AiTjlort PlIlling Road
f.iI]lort Pulling Road
Radio Road
Gulfshere Drive
To
Vanderllilt Seaeh Road
Aifl30rt PHllinl!: Roaa
Santa Barbara BOHlevara
Pine RidJ::e Road
1mmekalee Roaa
Legan SOllle'iara
Lee COHnt\'
US 11
Words underlined are added; words slr~el( tRre~gh are deleted.
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A-h2. Level of Service "0" peak hour on all other County and State (Rot OR the FIBS)
arterial and collector roads not on the Florida Intrastate Highwav Svstern (FIHS).
~ 8. State and Federal Roads:
Collier County sets and adopts the LOS standards for state roads with the exception of
those on the Florida Intrastate Highway System (FIHS). In Collier County, FOOT sets and
maintains the LOS for 1-75. The standards for 1-75 are as follows:
1-75
EXISTING
RURAL AREA
B
EXISTING
URBANIZED AREA
C
TRANSITIONING
URBANIZED AREA
C
A3 C. County Surface Water Management Systems:
Ah I. Future "private" developments - water quantity and quality standards as specified in
Collier County Ordinances 74-50 and 90-10.
Ah2. Existing "private" developments and existing or future public drainage facilities _
those existing levels of service identified (by design storm return frequency event)
by the completed portions of the Water Management Master Plan as listed in the
Drainage/Water Management Sub-element of the Public Facilities Element.
A4 D. County Potable Water Systems:
~ I. County systerns~
County Water District = 185 gallons per capita per day
Goodland Water District = ] 85 gallons per capita per day
A4-02. City of Naples = 185 gallons per capita per day in the unincorporated service area
Everglades City = 185 gallons per capita per day in the unincorporated service area
A4-03. Private potable water systems:
Sewage flow design standards as identified in Policy -h3.] of the Potable Water
Sub-element of this Growth Management Plan.
AS E. County Sanitary Sewer Systems:
~ 1. County systems:
North Sewer Service Area = 145 gallons per capita per day
South Sewer Service Area = 100 gallons per capita per day
Southeast Sewer Service Area = 120 gallons per capita per day
Northeast Sewer Service Area = 120 gallons per capita ver day
EaGt CeRtFal Se'Ner Serviee }\rea 120 galloR5 per eapita per clay
~2. City of Naples = 145 gallons per capita per day in the unincorporated service area
Words underlined are added; words struok IAre~!lR are deleted.
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~3. Private sanitary sewer systems:
Sewage flow design standards as identified in Policy -h2.] of the Sanitary Sewer
Sub-element of this Growth Management Plan.
Mi F. County Solid Waste Disposa] Facilities:
Ae, 1. Two years of constructed lined cell capacity at the average disposal rate for the
previous five (5) three (3) years
Ae,2. Ten years of permittable capacity at the average disposal rate for the previous five
~ three (3) years.
M G. County Parks and Recreation Facilities:
1\+.1.
1\+.2.
1\+.3.
Regional Park land
Community Park land
Recreation Facilities
= 2.94]2 acres per 1,000/pop. (',veighted)
= 1.2882 acres per I ,OOO/pop. (weigHted unincorporated)
- $210.00 $270.00 capital investment per capita
Category B PullIie FBeilities:
Bl Cmlflty Library BHildings: 0.33 sqHare feet per eapita
B2 County LiBrary Colleetion: 2.05 Books per eapita FY 10
B3 COHnty Jail: 0.0021 Beds per eapita (2.1 Bees per 1000 popHlation)
B1 COHnty Emergeney Meeieal Serviee: .000068 EMS Hnits per eapita (1 Unit/15,000
Population)
B5 COHnty General GO'iernment BHildings: 1.9 sqHare feet per ('lieighted)
FINANCL\L FE....SIBILITY
OBJECTIVE -h2 (FINANCIAL FEASIBILITY): [Renumbered and revised text, page 71
Provide public facilities, as described in Policv 1.1 above, in order to maintain adopted level of
service standards that are within the ability of the County to fund, or within the County's
authority to require others to provide. Existing facility deficiencies measured against the adopted
level of service standards will be eliminated with revenues generated by ad valorem taxes and
other intergovernmental revenues received based on economic activity. Future development will
bear a proportionate cost of facility improvements necessitated by growth. Future development's
payments may take the form of, but are not limited to, voluntary contributions for the benefit of
any public facility, impact fees, dedications of land, provision of public facilities, and future
payments of user fees, special assessments and taxes.
Policy -h2.1: [Renumbered and revised text, page 7]
The estimated capital expenditures for all needed public facilities shall not exceed conservative
estimates of revenues from sources that are available to the County pursuant to current law,.-illlil
Words underlined are added; words struGI< tRrs"!lh are deleted.
7
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whieh have Ilet beell rojeetea by reforellallffi, if a referellat/ffi is re'lt/irea te ellaet a sOlirce of
re'/el'llie.
Policy l-.2.t: [Renumbered and revised text, page 7]
The estimated !::apital expenditures for all Ileeaed public facilities shall not draw e)[eeea
eOllservative estimates of revenues from sources that are available to the COt/llty !'llffst/ant to
eurreflt law, and which have flet been rejected by referendum, if a referendum is required to enact
a source of revenue.
Policy l-.2.2: [Renumbered and revised text, page 7]
Existing and future development shall both pay for the costs of needed public facilities. Existing
development shall pay for some or all facilities that reduce or eliminate existing deficiencies,
some or all of the replacement of obsolete or worn out facilities, and IllaY pay a portion of the
cost of facilities needed by future development but onlv as a last funding alternative where
impact fees and other sources of revenue are insufficient to pav for the costs of facilities
attributed to future development. Both existing and future development may have part of their
costs paid by grants, entitlements or public facilities from other levels of government and
independent districts.
Policy l-.2.3:
[Renumbered text, page 7]
Policy l-.2.4: [Renumbered and revised text, page 7]
Public facilities financed by non-enterprise funds (i.e., roads, surface water management, and
parks and recreation), library, emergellsy medieal serviee, alia jail shall be financed from current
revenues and assets (!'lay as YOll go fillaneillg) and Revenue Bonds approved by the Board of
County Commissioners. Debt financing shall not be used to provide excess capacity in
non-enterprise public facilities unless the excess capacity is an unavoidable result of a capital
improvement that is needed to achieve or maintain standards for levels of service.
Notwithstanding other provisions of this policy, general obligation bonds approved by
referendum may be used for any public facilities to acquire capacity needed within the Schedule
of Capital Iimprovernents or for excess capacity.
Policy l-.2.5:
[Renumbered text, page 7]
Policy l-.2.6: [Renumbered and revised text, page 8]
The County shall continue to collect Road Impact Fees for road facilities requiring the same level
of service standard as adopted in Policy -h 1.5 of this element in order to assess new development
a pro rata share of the costs required to finance transportation improvements necessitated by such
development.
Policy l-.2.7: [Renumbered and revised text, page 8]
The County shall continue to collect impact fees for Parks and Recreation, EMS and Lihrary
facilities requiring the same level of service standard as adopted in Policy -h 1.5 of this element in
order to assess new development a pro rata share of the costs required to finance Parks and
Recreation, EMS and Library improvements necessitated by such development.
Words underlined are added; words slruol< tRre~QR are deleted.
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Policy l-.2.8:
[Renumbered text, page 8]
Policy l-.2.9:
IRenumbered text, page 8]
PUBLIC EXPENDITURES: COAST....L HICH H....:U.RD ".REf.
OBJECTIVE l-.3 (PUBLIC EXPENDITURES: COASTAL HIGH HAZARD AREA)
[Renumbered and revised text, page 9)
Effective with plan implementation public expenditures in the coastal high hazard area shall be
limited to those facilities. as described in Policv 1.] above. needed to support new development
to the extent permitted in the Future Land Use Element. In addition, public expenditures shall
include the followiHg eategories: maintenance of existing public facilities and beach
renourishrnent. and rnav include beach. shore and waterway access.
^
....
MaiHteHIlHee of existiHg p\lBlie flleilities;
B.
Beaeh, shore aHd waterway aeeess;
C.
Beaeh reHomishmeat.
Policy l-.3.1: [Renumbered and revised text, page 9]
The County shall continue to expend funds within the coastal high hazard area for the
replacement and maintenance of public facilities identified in the Conservation and Coastal
Management Element including. but not limited to arterial and collector roads. sanitarv sewer
service svsterns. potable water supplv systems. surface water management systems, solid waste
collection and disposal svsterns. natural groundwater aquifer recharge areas, and parks and
recreation facilities.
Policy l-.3.2: [Renumbered and revised text, page 9]
Within the coastal high hazard area, +!he calculated needs for public facilities. as represented in
the Schedule of Capital Improvements. will be based on the County's adopted level of service
standards and proiections of future growth allowed bv the prejeetioHs withiH the eoastal high
hazar-d area. The Future Land Use Element limits He',',' resideHtial development (th\fs ollligatioHs
fer infrastruet\lre expeaditures) to a maxim\lm of four dwelliHg \faits per gross aere within
portions of the eoastal high hflzllr-d area.
Policy l-.3.3: [Renumbered and revised text, page 9)
The County shall continue to ffisllre support public that access to beaches, shores and waterways,
remain fl'{ailallle to the pUBlie lIRd will develop a program to eKpllRd the fl'{ailallility of suell
ine1udiHg filHdiHg optioHs for aeE]aisitioH
Words underlined are added; words struck tAre~gA are deleted.
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PROVIDE NEEDED IMPROVEMENTS
OBJECTIVE M (PROVIDE NEEDED IMPROVEMENTS): [Renumbered and revised
text, page 10)
The County shall coordinate its land use planning and decisions with its plans for public facility
capital improvements, as described in Policv 1.1 above. by providing needed capital
improvements for replacement of obsolete or worn out facilities, eliminating existing
deficiencies, and future development and redevelopment caused by previously issued and new
development orders.
Policy M.1:
[Renumbered text, page 10)
Policy M.2: [Renumbered and revised text, page 10]
All Category f. public facility capital improvements shall be consistent with the goals, objectives
and policies of the appropriate individual element of this Growth Management Plan.
Policy M.3: [Renumbered and revised text, page 10)
The County shall include in the capital appropriations of its annual budget all the public facility
projects listed in the Schedule of Capital Improvements for expenditures during the appropriate
fiscal year. Projeets for whieh !IflpwpFiatioRs have BeeR maee iR the aflRlfal Blfeget will Rot Be
remo'.ee ORee they have BeeR relied UpOR fur the iSBlfaRee of a fiRal site de'ielopmellt plaR, fiRal
plat, or buildiRg permit. The COlfllty shall iRcllfde iR the clijlital appropriatioRs of its !lflllllal
Blfdget aeditioRal plfslie faeility prBjeets that eORform to Poliey 1.1.2 (8.2) Iffie Poliey 1.1.1 (C)
aRe (E).
Policy M.4: IRenurnbered and revised text, page 10]
The County shall determine, prior to the issuance of final site development plans, final plats and
building permits whether or not there is sufficient capacity of Category A public facilities to meet
the standards for levels of service for existing population and the proposed development. No
final site development plan, final plat, or building permit shall be issued unless the levels of
service for the resulting development will aehieve meet or exceed the standards in Policy -h 1.5
Categery,,\ Public Facilities, and meet or exceed the requirements for Concurrency Management
as outlined in the policies within Objective -h5 of this element are met.
Policy M.S:
Public facilities and services provided by Collier County with public funds in accordance with
the ~ Schedule of Capital Improvements in this Capital Improvement Element will be
limited to Service Areas established within the boundaries designated on Figure PW-1 and Figure
PW -1.1 "Collier County Water District Boundaries", and Figure PW -2 and Figure PW -2.1
"Existing and Future Potable Water Service Areas", in the Potable Water Sub-Element of the
Public Facilities Element, and on Figure SS-1 and Figure SS-I.I, "Collier County Sewer District
Boundaries", and Figure SS-2 and Figure SS-2.1, "Existing and Future Sewer Service Areas", in
the Sanitary Sewer Sub-Element of the Public Facilities Element. Road improvements will be
provided as designated in the Schedule of Capital Improvements appearing in tile this Capital
Words underlined are added; words str~6k thre~r;JA are deleted.
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Improvement Element. All other public facilities and service types will be provided on a
countywide availability basis.
Policv 4.6
The Countv shall ensure that publiclv funded buildings and publici v funded development
activities are carried out in a manner that demonstrates best practice to minimize the loss of life.
propertv. and re-building cost from the effects from hurricanes. flooding. natural and
technological disaster events. Best practice efforts mav include. but are not be limited to:
a. Construction above the flood plain;
b. Maintaining a protective zone for wildfire mitigation;
c. Installation of on-site permanent generators or temporary generator ernergencv connection
points;
d. Beach and dune restoration, re-nourishrnent. or ernergencv protective actions to minimize
the loss of structures from future events;
e. Ernergencv road repairs; and.
f. Repair and/or replacement of publiclv owned docking facilities. parking areas. and sea
walls.
CONCURRENCY Mf.Nf.CEMENT
OBJECTIVE 1.5 (CONCURRENCY MANAGEMENT): [Renumbered and revised text, page 11]
To ensure that public facilities. as described in Policv 1.1 above. and services needed to support
development are available concurrent with the impacts of such development, the County's
Concurrency Management System shall be eOlwistent with ChaJlter 163, Part II, floriaa Statates
and Rale 9J 5.0055, floriaa Administrative Coae. shall ensure that the necessarv public
facilities and services to maintain the adopted level of service standards are available when the
impacts of development occur. The County shall establish a regulatory and monitoring program
to ensure the scheduling, funding and timely construction of Category A public facilities
concurrent with, or prior to, the issuance of a final site development plan, final plat or a building
permit to achieve and maintain adopted level of service standards.
Policy 1.5.1:
[Renumbered text, page 11]
Policy 1.5.2: [Renumbered and revised text, page 11]
The concurrency requirement for the Parks and Recreation Level of Service Standards of this
Growth Management Plan will be achieved or maintained if anyone of the following standards
of the Concurrency Management System are i:1 met:
A. Compliance with anyone of the standards set forth in Policy 1.5.1 A, B and C is
met; or
B. At the time the final site development plan, final plat or building permit is issued,
the necessary facilities and services are the subject of a binding executed contract
which provides for commencement of actual construction of the required facilities
Words underlined are added; words struok Ihr8~€lR are deleted.
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within one year of the issuance of the final site development plan, final plat or
building permit; or
C. The necessary facilities and services are guaranteed in an enforceable development
agreement which requires the commencement of the actual construction of the
facilities within one year of the issuance of the applicable final site development
plan, final plat, or building permit. An enforceable development agreement may
include, but is not limited to, development agreements pursuant to Section
163.3220, Florida Statutes, or an agreement or development order issued pursuant
to Chapter 380, Florida Statutes.
Policy!-o5.3: [Renumbered and revised text, page 12]
The concurrency requirement of the Transportation Level of Service Standards of the Growth
Management Plan will be achieved or maintained if anyone of the following standards of the
Concurrency Management System is met:
A. The necessary facilities and services are in place at the time a final site
development plan, final plat or building permit is issued; or
B. The necessary facilities and services are under construction or the contract for such
facilities and services has been let awarded, accepted, and dulv executed bv all
parties at the time a final site development plan, or final plat or builtliHg pellRit is
issued; or
C The necessary facilities and services are under contract or under construction in the
first or second year of the Schedule of Capital Improvements, and the Collier
County Annual Budget adopted following each AUIR reflects the proiects set forth
in the first vear of said Schedule at the time a fiHal site tlevelopmeHt plan, fiHal plat
or BuiltliHg permit is iss1ietl; or
D. The necessary facilities and services are iH the first 0r seeoHtI year 0f under
construction or under contract pursuant to a FDOT 5-Year Work Program at-the
time a fiHal site tlevelopmeHt plan, fiHal plat 0r BuiltliHg permit is iss1ietl; or
E. The final local development order is for a project located within a TCEA or TCMA
designated pursuant to this Plan and meets the applicable requirements of Policies
5.~ through 5.&1 of the Transportation Element,; or
F. The necessary facilities and services are the subject of a binding commitment with
the developer to contribute fair share funding as provided for in Policy 5.9ji of the
Transportation Element, if applicable, or to construct the needed facilities~
identified in the Schedule of Capital Improvements, prior to the time a Certificate
ofOccupancv (CO.) is issued for the first structure.
G. A proportionate share agreement has been approved consistent with the adopted
Words underlined are added; words Gtr~61< tRf8~!lh are deleled.
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ordinance.
Policy 1.5.4: [Renumbered and revised text, page 12]
The County shall continue to implement a Concurrency Management System, as identified in
DivisiBH Sections ~ 6.02.02 and 10.02.07 of the Collier County Land Development Code,
which shall include a regulatory program and monitoring system consistent with this Growth
Management Plan and consistent specifically with the policies under Objective +05 of this Capital
Improvement Element. The monitoring system shall enable the County to determine whether it
is adhering to the adopted Level of Service Standards and Schedule of Capital Improvements.
REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION
SCHEDULE OF CAPITAL IMPROVEMENTS [Revised text, page 13)
The Schedule of Capital Improvements on the following pages will eliminate existing
deficiencies, replace obsolete or worn out facilities, and make available adequate facilities for
future growth.
Each project is numbered and named, and its estimate of proiected cost during each of the next
five fiscal years is shown in thousands of dollars (000). The mBHtH aHa year for actual
commencement of construction and the mOHtH aHa year each project will be completed (in
service) is are indicated.
Each project iH Clltegm)' .^. is consistent with the level of service standards as identified within
this element and the appropriate individual element of this Growth Management Plan.
ElleH jlmject iH CategBI'Y B is eBHsisteHt witH tHe level of serviee staHaaras liS iaelltifiea witHiH
tHis elemeHt. OjltiBHal elemeHts were Hot acvelBjlea for ClltegBl'Y B faeilities.
Collier County has adopted a two-year Concurrency Management System. Figures provided for
years three, four and five of this Schedule of Capital Improvements are not part of the
Concurrency Management System but are subiect to proportionate share. Figures provided for
years six through ten of the Schedule of Capital Improvements are estimates of revenues versus
proiect costs but do not constitute a long term concurrency system.
[Schedule of Capital Improvements - See Insert)
[Revised tables, pages 14-27)
PROGRAMS TO ENSURE IMPLEMENT A TION
[Renumbered and revised text,
pages 28-30]
Through continued implementation of adopted land development regulations the following
programs have been implemented to ensure that the goals, objectives and policies established in
the this Capital Improvement Element will be achieved or exceeded.
Words underlined are added; words str~Gk thra~!lR are deleted.
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1. Development Order Review
As part of the review of all applications for final site development plans, final plats, and building
permits, the County will determine whether or not there will be sufficient capacity of Category /\.
public facilities, as described in Policv 1.1 above. to meet the standards for levels of service for
the existing population and for the proposed development in accordance with the requirements of
the Concurrency Management System. As part of the review for all development orders other
than final site development plans, final plats, and building permits. for those having negative
impacts on Category ,'\ public facilities otHer dum final site development plalls, final plats,
building pefffiits, the County will determine whether or not sufficient capacity of Category"/\."
public facilities are planned for construction concurrent with the impacts on levels of service that
will be created by the proposed development during the next five fiscal years.
2. Impact Fees
Impact Fee Ordinances will require the same standard for the level of service as is required by
Policy -hl.5.
3. Annual Budget
The annual budget will include in its capital appropriations all projects in the Schedule of Capital
Improvements that are planned for expenditures during the next fiscal year.
4. Semi:annual Report
The mandatory semi:annual report to the Florida Department of Community Affairs: concerning
amendments to the comprehensive plan due to emergencies, developments of regional impact,
and selected small developments : will report on identifY changes, if any, to adopted goals,
objectives and policies in the this Capital Improvement Element.
5. Update of Capital Improvement Element
The monitoring of, and adjustment to, the this Capital Improvement Element is an ongoing
process necessitated by changing conditions to meet tHe eAlIflging eonditions must Be an ongoing
proeess. Beginning in no later than f.uguGt December of each year, the element will be updated
in conjunction with the County's budget process and the release of the official BEBR population
estimates and projections. The update will include:
+A. Revision of population projections;
2J:!. Updates of facility inventory;
~~. Update of unit costs;
4D. Update of facilities requirements analysis to project 10 year needs (by fiscal year) in
order to program projects to meet the service standards;
,s);. Update of revenue forecasts in order to evaluate financial feasibility and the
County's ability to finance capital improvements needed to meet the
Service standards;
Words underlined are added; words struok thr8~!lh are deleted.
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ti.E. Revise and develop capital improvement projects for the next five years. The first
year's schedule of projects will be incorporated into the County's budget effective
October] "; and,
1G. Update ofthe public school and health facilities analysis.
6. Concurrency Management System
The County has established a Concurrency Management System by adoption of the Adequate
Public Facilities Ordinance, as amended. The system consists ofthe following components:
A. The Annual Update and Inventory Report on Public Facilities (AUIR) on the
capacity and levels of service of public facilities, as described in Policv ].] above.
compared to the standards for levels of service adopted in Policy -h 1.5 of this
Element. The AUIR summarizes the actual capacity of existing public facilities and
forecasts the capacity of existing and planned public facilities for each of the five
succeeding fiscal years. For the purposes of long range capital facility planning, a
ten year forecast of projected needed capacity is also done. These forecasts are
based on the most recently updated Schedule of Capital Improvements in this
Capital Improvement Element. +he Notwithstanding anv other provisions in the
this Capital Improvement Element, the annual approval of the AUIR and the
identified needed projects and revenues by the Board of County Commissioners
constitutes evidence of the capacity and levels of service of Categery f. public
facilities for the purpose of issuing development orders during the 12 months
following the approval of the AUIR. The AUIR will gO into effect irnrnediatelv
upon approval bv the Collier Countv Board of Countv Commissioners.
B. Public facility capacity review. The County shall use the procedures specified in
Implementation Programs I and 6 to enforce the requirements of Policies -h5.1,
-h5.2 and -h5.3 of this Element.
C. Review of changes in planned capacity of public facilities. The County shall
review each amendment to this Capital Improvement Element in particular any
changes in standards for levels of service and changes in the Schedule of Capital
Improvements in order to enforce the policies of this Element.
D. Concurrency Management Implementation Strategies. The County shall annually
review the Concurrency Management Implementation Strategies that are
incorporated in this Capital Improvement Element:
1. Standards for levels of service are applied within appropriate geographical
areas of the County. Standards for County-wide public facilities are applied
to development orders based on levels of service throughout the County.
Words underlined are added; words str~6k thro~!lA are deleted.
15
Capital Improvement Element
Remedial Amendment to BCC
'.
1.30.0711.29.178
2. Standards for public facilities that serve less than the entire County are
applied to development orders on the basis of levels of service within
assigned areas.
3. Levels of service are compared to adopted standards on an annual basis.
Annual monitoring is used, rather than case-by-case monitoring, for the
following reasons:
a. annual monitoring corresponds to annual expenditures for capital
improvements during the County's fiscal year; and
b. annual monitoring covers seasonal variations in levels of service.
7. 8eeoRd S year Third Evaluation and Appraisal Report
The required secoRa 5 year third Evaluation and Appraisal Report (EAR) will address the
implementation of the goals, objectives and policies of the this Capital Improvement Element.
The monitoring procedures necessary to enable the completion of the ~ third evaluation
include:
A. Review of annual reports of the Concurrency Management System. as set forth in
paragrapH Section 6 above;
B. Review of serni:annual reports to DCA concerning amendments to the
Comprehensive Plan, as set forth in paragrapH Section 4 above; and
C. Review of annual updates of this Capital Improvement Element, including updated
supporting documents.
Words underlined are added; words str~Gk thro~!JR are deleted.
16
Capital Improvement Element
Remedial Amendment to BeC
1.30.0711.29J 7 B
Footnotes to the Schedule of Capital Improvements
[Revised text, pages 28-29, immediately following the Schedule of Capital
Improvements I
These footnotes provide brief explanations of revenue sources and their acronyms found in the
Schedule of Capital Improvements. and where to find related supporting data and analvsis.
L Note: Impact Fee (IF) revenues are proiected from actual historical revenue and current
permitting activitv and forecasts. Refer to Avvendix "1 ". Certain impact fees are
referenced with direct connection to facilitv type, such as Water Impact Fees (WI F) or
Sewer Impact Fees (SIF) and mav be termed Svstern Development fees. Water and sewer
impact fees are also proiected based on population proiections prepared bv the
Comprehensive Planning Department.
2. Note: Grant and Reimbursement (GR) revenues are based on proiect-specific funding
agreements with the State of Florida, South Florida Water Management District or other
agencv. Refer to AtJTJendix "/".
1, Note: Developer Contribution Agreement (DC) or advanced reimbursement revenues are
based on a proiect-specific agreement with an active developer doing business in Collier
Countv.
4. Note: Certificate of Adequacv (COA) revenues are proiected from historical revenue
information.
5. Note: Gas Tax (GA) revenues are proiected from historical revenue information. Refer to
Appendix "/".
6. Note: Ave Maria (A V) revenues are based on a proiect-specific Developer Contribution
Agreement (DCA) with Ave Maria Development. LLP. Refer to Avvendix "/".
7. Note: Carry Forward (CF) revenues are based on a combination of encumbered and
unencumbered funds from prior vears that will continue to roll until thev are spent.
~ Note: Transfer (TR) revenue is rnonev corning in from another fund, and is proiected
from historical information. Refer to Avvendix "/".
9. Note: General Fund (GF) revenues are proiected from historical revenue information.
Refer to Avvendix "/".
I O. Note: Revenue Reserve (RR) revenues are based on a percentage of total new revenue.
Refer to Avvendix "/".
11. Note: Revenue Bond Financing (B) or Bond Proceeds (revenue) are usuallv received as a
lump sum but occasionallv can be received in installments, and are not based on historical
Words underlined are added; words struol< tRre~9R are deleted.
17
Gapitallmprovement Element
Remedial Amendment to BGG
1.30.07/1.187 B
revenues. In some instances. this item is actuallv shown as an expense for bond debt
service payments. and in other instances. this item shows bond revenue proceeds.
Revenue bond covenants and commercial vaver documentation are voluminous and do
not avvear in suvvort documents. The vertinent information is however vrovided in the
Consultinf! Enf!ineerinf! and Financial Feasibility Revort. dated October 25. 2006. and
avvears in Avvendix "!".
lb Note: Capital Account (CA) revenues are proiected based on the capital proiects spending
needs. Refer to Avvendix "/". Certain capital accounts are referenced with direct
connection to facilitv type. such as Water Capital Accounts (WCA) and Sewer Capital
Accounts (SCA).
.ll... Note: User Fee (UF) revenues are proiected from historical revenue information. Refer to
Avvendix "!". Certain user fees are referenced with direct connection to the user under
contract. such as Waste Management Fees (WMF).
~ Note: Cornrnunitv Redevelopment Area (CRA) or Municipal Service Taxing Unit
revenues are proiected from historical revenue information.
~ Note: State Revolving Fund Loan (SRF) revenues are received in installments during the
course of a proiect. Refer to Avvendix "!".
.lQ,. Note: Commercial Paper (LOC) or local financial institution loan revenue is short-term
borrowing usuallv meant for funding proiects underwav until such time another funding
source is received. Commercial vaver documentation and revenue bond covenants are
voluminous and do not avvear in suvvort documents. The vertinent information is
however vrovided in the Consultinf! Enf!ineerinf! and Financial Feasibility Revort. dated
October 25. 2006, and avvears in Apvendix "/".
lL Note: Rate Revenue (REV) revenues are based on historical revenue information
combined with the proiection of volume change and revenue requirement proiections.
Refer to Avvendix "!".
Remedial Amendment to BGG cs-dwf1-14-08
G:IGomprehensivelEAR Amendment Modifications\January 08 Remedial Amendment Materials\Remedial GIE Amendment to BGG 1-8-08.doc
Words underlined are added; words 6Ir~61< through are deleted. 18
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EXHIBIT "A"
COLLIER COUNTY SCHEDULE OF CAPITAL IMPROVEMENTS
FISCAL YEARS 2007-2011
rho ~,hl" helu", i!emi'e, Ihe IyP"' "fp~bli" f.cJhtie, .uld th" "",n;c., ufrevenue. The c'c'ntel ""hlmn "uulain> lhe 5-YeM .molln' ofti1c,Ity revenue,. The righl colwrm is"
""lcul.lwn "f C'P"IlS"' ve,-,u, reyemle' t.." ""eh lype !lfpuhhc tacili'y, ...11 Jdi,'it., an: accumubleJ.,. ,uhtowl. The ,uhl<~al del,t'it i, Ihe S<>Ul\.'e of "JJili"lJal reVL'tlUe
utilizoo by C"lIier C<>u"t}' In hmd the ddkll in .>rdt'f to l1Iai"I"",lhe le,"el, "f,ervicc "a"dard, a, rde,ellcoo in <I", C'piu] Impru"emenl Elernenl
Proie<h
ROADS
R""cnuc>
Lesshp"ruJiturc,
R~npu~Soun.
R~,'.pu.Amounl Tntal
['D.nditur.
S21JS500.IIIIO
S.14,144.!XIO
~111,927,(XXI
S42.14(,_~74
S29.l.hh7.11I1I1
SI,OO
$]20.11111000
'"
$4.111'1__\1)(1 SM~,667,074
S(,17,111.00() ~M' 113000
Billa"cc S14II,554,074
S9],:'07,459
SI~"l(1U4]
S4Y.5(1(1,1X)()
%7.1>1,1).000
Slo.RK1,057
$]"_7111.0nO
Mn.1II10,oO(J
$1654_'.+B
$5,4h77(U $342.253,40.1
~_142.25:U1I1 $342.253,403
IJ"]",,,', $0
SnloO,~:'~
SI ~,\017]1
%5'0('000
S4.UIIO.000
$0
$1)
SO
SO
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$76.200.111111
$4_70l1.(I00
S2.l]{UIOII
$1')5IUIIIII
$7,~01l.()()O
S],H70,OOO
S~7]:'_,,{)(l
S4UI9.~r,~
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,:\(J~,~(,f" 14.1 S308,~66,143
B"loncc '"
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S:\.XIh.OOO S3,MI6,OOO
'"
$45,OUO,nno
J;H.71111.000
$I>.IIIIII.OUO $5~,7UO,00O
S59,70000() S5'J,700,OOO
B.d""cc '"
SIHq'II.IX)[)
$0
51J
$41.1>04.517 $611.554.517
ShUY;4.SI7 S60,554,517
lhd"nce '"
SOlllKfS $1,580,'157,\3
IF_lmp""tFc..",('()ARncrluc
AV-A,.e\1",i"
GA.(;a,TaxRevenue
GR _Grarl".... RCIT"bur'c~nen"
I'F C"rvh"w,,,J
TR-h"rl,fe"
I.;F (;cPlcral,-urlJ
D( _lJc;'l'lupc"I(,<mtrihu"onAgn;cmenl' "'JVWlcooReLmbuoo;mcnls
RR_Reven"cRe,cr,"e
POTABLE WATER
Reyc"ue'
Lc."Exp"llditure'
Wl~' - W"tc'f Sy",e", D,,,,d"pl1lc'fll h-e,
BI-Se"e,201)t,IJ.,nJ,
B2 _ Sc,ie' 200~ lJ.>nd,
m-Se"e,2UIURt>nJ,
L()(']-CUUI"'Cl'cI"IP;Jperl
SRF5 SRFL<Xi'"
SRFil SI{I'Lu.Ln"
WCA Waler{'apltalAn-oul\l
REV_R"leRo,"cnu"
WASTE WATER
Revenue'
Lc"hpcruJiturc,
SIF - 'II'.lSleW"k' Sy"e", De,'d"pmc'tll Fcc,
IJI-Sclle,200h[-lond,
11:'_Sc"c,2UOHBo"Js
IH_Sell",20ItJlJ,"mb
SRfl_SRFLllOLlL]
SRf2-SRFI.""n:'
SRH SRFLu"".l
SRF4_SRF1_,,"n4
SRF7 SR~' Lu.", 7
SRFR SRFLu,H1H
SRF9 SRFL""n4
SRFIII SRI'l,,,,,I"
SRFII SRFLo.LrlII
SRFI ~ SRF Loan 12
SRFiJ SRFL"il" U
SRFI4 SRFL""nI4
Sl...._W""e"'..,crl'ap'I"IAcnJUlll
REV l{<Jlt,R,,\'c,,"(
SOUDWASTE
RevenUe'
L""ExpenJil"re'
1',"rF"",
PAR);S
Rc'venue,
LcsshpcndilUl'e,
Imp"cI ~'ee'
Granl,
(;enemIFund
STORM WATER
ReWIL"e'
Lc",ExpenJitul'e'
GR _Grant,.. RCII"h"r"~nenl'
CF.C"rryl'or"'.lJ
CRA _ (-',mmunl1y Rodndupmenl An'" M~","ip"] Serv'K'c Taxmg L'"il
GF-Gener"] Fu"d
SI,432,403,Ofi3
TOTAI.PROJUTS
Cc\Adlib eXpress\lllput\Agellda,BCCAGENDA.42604
178
CIE-23
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-04
Which was adopted by the Board of County Commissioners
on the 29th day of January, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 4th
day of January, 2008.
DWIGHT E. BROCK" .," OJ.
Clerk of Courts AP~n~~~rk
Ex-officio to pft.iYO"Oft1"J.'
County commis,~iQ:ni,;r~ '';.
~-', ~
~~~~~Y-'
Deputy Clerk
17B
17C
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
..**....***..******.....********.................****...---............-.......----..................
Originating Deptl Div: Comm.Dev.Serv./Planning Person: Willie Brown, Alep Wf> Date: \2.. \ 1.. -&\Q1
Petition No. (If none, give brief description): PUDZ~2007~AR-l1121, Chestnut Place CPUD
Petitioner: (Name & Address): Hoover Planning & Dev., Inc., William Hoover, 3775 Airport Road, Suite B, Naples, FL 34105
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Richard
Yovanovich, Goodlette, Coleman, & Johnson, P.A., 4001 N. Tamiami Trail, #300, Naples, FL 34103; Chestnut Ridge, LLC,
3775, Airport Rd., N., Suite B, Naples, FL 34105
Hearing before BCe
BZA
Other
Requested Hearing date:
Januarv 29.2008
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: Petition: PUDZ-2007-AR-11121. Chestnut
Ridge, LLC, represented by William Hoover, Alep of Hoover Planning & Development, Inc. and Richard Y ovanovich of
Goodlette, Coleman & Johnson, is requesting a rezone from the Estates (E) Zoning District to the Mixed Use Planned Unit
Development Zoning District for the Chestnut Place MPUD tD allDw a maximum of 24,000 square feet of commercial floDr area
fDr retail and/or office uses and a maximum of 6,000 square feet of institutional floor area. The subject property, consisting of
6,01::1: acres, is located at the Southeast corner of Immokalee Road and Everglades Boulevard, within a Neighborhood
Center of Golden Gate Estates.
Companion petition(s), if any & proposed hearing date:
ODes Petition Fee include advertising cost? Yes
131-138326.649100
No If Yes, what account should be charged for advertising costs:
Reviewed /?jI- I-
~nt Head 1
S'^S...." ~s-\e..~.Q... 50
List Attachments:
Approved by:
1~.'3I'07
Date
County Manager
Date
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to apprDve and submit original to Clerk's Office, retaining a copy for file.
......**.*********.*..**************************************************************..***************
FOR CLERK'S OFFICE USE ONLY: \ \ 1'2 I.
Date Received: * Date cf Public hearing: 1\Z.~ I oa Date Advertised: ~D?)'
ORDINANCE NO.08'_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSNE ZONING REGULATIONS FOR
THE UNlNCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRlATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSlFICATlON OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN
ESTATES (E) ZONING DISTRICT TO A MIXED USE
PLANNED UNIT DEVELOPMENT (MPUD) ZONING
DISTRICT FOR THE CHESTNUT PLACE MPUD TO
Al.l..OW A MAXIMUM OF 24,000 SQUARE FEET OF
PERMITTED COMMERClAL USE FLOOR AREA
WITH A MIXTURE OF RETAIL AND OFFICE USES,
AND A MAXIMUM OF 6,000 SQUARE FEET OF
FLOOR AREA FOR CHURCH AND/OR DAY CARE
FACILITIES AS CONDITIONAL USES, ON
PROPERTY LOCATED ON lMMOKALEE ROAD (CR
846) AND EVERGLADES BOULEVARD, IN SECTION
29, TOWNSHIP 47 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA CONSISTING OF
5.71+/- ACRES; AND BY PROVIDING AN EFFECTIVE
DATE.
l1c
\VHEREAS, William Hoover of Hoover Planning and Development, Inc., and Richard
Yovanovich, &q., of Goodlette, Coleman and Johnson, P.A., representing Chestnut Ridge, LLC,
petitioned the Board of County Commissioners to change the zoning classification of the herein
described real property,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of tbe herein described real property located in Section 29,
Township 47 South. Range 28 East, Collier County, Florida. is changed from an Estates (E)
Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the
Chestnut Place MPUD in accordance with Exhibits A through E. attached hereto and
incorporated by reference herein. The appropriate zoning atlas map or maps, as described in
Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are
hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
Page 1 of2
PASSED AND DULY ADOPTED by super.majority vote of tbe Board of County
l1C
Commissioners of Collier County. Florida. this
day of
,2008..
A TIEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Cterk
By:
JAMES COLETTA, CHAIRMAN
Approved as to form
and legal sufficiency:
'-i}n ~AA":l'f1. ~~
Marjor M. Student~Stirling ,
Assistant County Attorney
Exhibit A - List of Allowable Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - List of Developer Commitments
Page 2 of2
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EXHIBIT "AU
COMMERCIAL AND INSTITUTIONAL TRACTS PLAN
LIST OF ALLOWABLE USES
1. PURPOSE
The purpose of this Section is to identify specific development standards for the
Commercial Tract and Institutional Tract as shown on Exhibit "C" MPUD Master
Plan.
2. GENERAL DESCRIPTION
The MPUD Master Plan is intended to provide for both commercial and
institutional land uses, The Commercial Tract designated on Tract 113 on the
MPUD Master Plan is intended to provide retail and/or office uses limited to a
floor area of 24,000 square feet. All commercial areas shall be developed with a
common architectural theme that includes buildings and signs. The Institutional
Tract designated on Tract 114 on the MPUD Master Plan is intended to provide
child care and/or church uses limited to a floor area of 6,000 square feet.
3. PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures on Commercial Tract 113:
(1) Apparel and accessory stores (groups 5611 - 5661).
(2) Automobile supply stores (group 5531 but only the sale of new auto
supplies and no on-site installation).
(3) Business services (groups 7311,7334 - 7336,7377,7378,7384).
(4) Child care centers (group 8351).
(5) Churches (group 8661).
(6) Depository institutions (groups 6021-6062).
(7) Eating places (group 5812 except for restaurants with a drive-
through facility are not permitted). Consumption of alcoholic
17C
beverages on premises shall be subject to requirements of the
LDC).
(8) Engineering, accounting, and bookkeeping services (groups 8711 _
8721,8748).
(9) Food stores (groups 5411 including convenience stores with
gasoline pumps, 5421 - 5499).
(10) Gasoline service stations (group 5541 but excluding sales of diesel
fuel to heavy trucks over 1 ton rated capacity).
(11) General merchandise stores (group 5399).
(12) Hardware supplies (groups 5231 - 5251).
(13) Health services (groups 8011 - 8049).
(14) Home furniture, furnishings and equipment stores (groups 5714,
5719,5734 - 5736).
(15) Insurance carriers, agents, and brokers (groups 6211, 6311 - 6399,
6411).
(16) Legal services (group 8111).
(17) Miscellaneous retail (groups 5912, 5941 - 5949, 5992).
(18) Motion pictures (groups 7832 but only in conjunction with a sit-
down restaurant).
(19) Personal services (groups 7212,7221 -7251,7291).
(20) Physical fitness facilities (group 7991).
(21) Real estate (groups 6531,6541).
(22) United States Postal Service (group 4311 except major distribution
center).
(23) Veterinary services (group 0742 for household pets only and no
outside kenneling or overnight boarding).
Exhibit" A"
17 C I r'~ ,
x;ll...
(24) Any other commercial use allowed in the C-1, C-2, or C-3 zoning
districts, and not prohibited in Section 3.0., that is deemed
appropriate by the Board of Zoning Appeals.
B. Accessorv Uses:
Uses and structures that are accessory and incidental to the Permitted
Uses within this MPUD Ordinance for each respective Tract depicted on
the MPUD Master Plan, except drive-through facilities which shall be
limited only to banks on the Commercial Tract with a maximum of three
(3) drive-through lanes per bank.
C. Conditional Uses on Institutional Tract 114 (Uses are Permitted in Golden
Gate Area Master Plan as Conditional Uses):
(1) Churches (group 8661).
(2) Child care centers (group 8351).
D. Prohibited Uses:
(1) Drinking places (group 5813) and liquor stores (group 5921).
(2) Mail order houses (group 5961) and merchandising machine
operators (group 5962).
(3) Power laundries (group 7211) and funeral service and crematories
(group 7261).
(4) Radio and television representatives (group 7313) and direct mail
advertising services (group 7331).
(5) Amusement and recreation services (group 7999).
(6) General, specialty, and psychiatric hospitals (groups 8062, 8063,
8069).
(7) Educational services (groups 8211 -' 8231).
(8) Correctional institutions (group 9223).
(9) Environmental resource and solid waste management (group
9511).
(10) Homeless shelters and soup kitchens.
Exhibit "A"
17
(11) Refuse systems, including hazardous materials (group 4953).
Exhibit "A"
EXHIBIT "B"
DEVELOPMENT STANDARDS
TABLE I
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DEVELOPMENT STANDARDS FOR COMMERCIAL AND INSTITUTIONAL TRACTS
MINIMUM LOT AREA
MINIMUM LOT WIDTH
MINIMUM YARDS (External)
From Everglades Blvd. ROW
From Immokalee Road ROW
From other MPUO Boundaries
MINIMUM YARDS (Internal)
Side Yard Setback
Rear Yard Setback
MINIMUM DISTANCE BETWEEN STRUCTURES
MAXIMUM HEIGHT
MINIMUM FLOOR AREA
PRINCIPAL USES
10,000 Sq. Ft.
100 Feet
25 Feet
25 Feet
25 Feet
15 Feet
15 Feet
15 Feet
35 Feet and 1 Story
700 Sq. Ft.'
'Per principal structure on the finished first floor.
SPS = Same as Principal Structure
ROW = Right-of-Way
ACCESSORY USES
Not Applicable
Not Applicable
SPS
SPS
SPS
10 Feet
10 Feet
10 Feet
35 Feet
Not Applicable
Table I above sets forth the development standards for land uses within the Chestnut
Place MPUD. Standards not specifically set forth herein shall be those specified in
applicable sections of the Land Development Code (LDC) in effect as of the date of
approval of the site development plan or subdivision plat.
Development of The Chestnut Place MPUD shall be in accordance with the contents of
this Ordinance and applicable sections of the LOC and Growth Management Plan
(GMP) in effect at the time of issuance of any development order, such as, but not
limited to, final subdivision plat, final site development plan, excavation permit, and
preliminary work authorization, to which such regulations relate. Where these
regulations fail to provide developmental standards, then the provisions of the most
similar district in the LOC shall apply.
17C
EXHIBIT "en
MPUD MASTER PLAN
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EXHIBIT "0"
LEGAL DESCRIPTION
The subject property being 6.01 acres, is comprised of two contiguous parcels,
and is located in Section 29, Township 47 South, and Range 28 East. The legal
description of the subject property is Tracts 113 and 114, Golden Gate Estates
Unit 46, as recorded in Plat Book 7, Page 31 of the Public Records of Collier
County, Florida.
17r
EXHIBIT "En
LIST OF DEVELOPER COMMITMENTS
1. UTILITIES
The project shall utilize well and septic systems until it is within an authorized
water and sewer service area and central water and sewer services are
available.
2. TRANSPORTATION
A. All traffic control devices, signs, pavement marking, and design criteria
shall be in accordance with the Florida Department of Transportation
(FOOT) Manual of Uniform Minimum Standards (MUMS), current edition,
FDOT Design Standards, current edition, and the Manual On Uniform
Traffic Control Devices (MUTCD), current edition.
B. Arterial level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first certificate of
occupancy (CO).
C. Access points shown on the MPUO Master Plan are considered to be
conceptual. The number of access points constructed may be less than
the number depicted on the Master Plan; however, no additional access
points shall be considered unless a PUD amendment is approved.
D. Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to
commencement of on-site construction. Since both Everglades Boulevard
widening and Immokalee Road widening are in the Long Range
Transportation Plan, but are not in the 5 year work program (at the time of
adoption of this MPUO), this site shall be required to install a minimum 50-
foot radius at each right-in access to this site. Payment in lieu (PIL) for
required turn lanes has been supported by the TIS and is recommended
by Staff, and as such shall be a requirement of this MPUD. The amount of
PIL shall be negotiated by the developer and the County at the
appropriate design phase. of adjacent roadway improvements. Upon the
County's approval of the amount of the PIL, the developer, his
successors, or assigns shall pay this sum within 90 days of the County's
request for the PIL. The schedule for negotiations is dependent upon the
programmed construction schedule of adjacent roadways.
17C
E. Nothing in any development order (DO) shall vest a right of access in
excess of a right-in/right-out condition at any access point. Neither shall
the existence of a point of ingress, a point of egress, or a median opening,
nor the lack thereof, be the basis for any future cause of action for
damages against the County by the developer, its successor in title, or
assignee. Collier County reserves the right to close any median opening
existing at any time which is found to be adverse to the health, safety, and
welfare of the public. Any such modifications shall be based on, but not
limited to, safety, operational circulation, and roadway capacity.
F. If any required turn lane improvement requires the use of any existing
County rights-of-way or easement(s), then a compensating right-of-way or
easement shall be provided at no cost to Collier County as a
consequence of such improvement(s) upon final approval of the turn lane
design during the review of the first subsequent development order
application. The typical cross-section may not differ from the existing
roadway unless approved, in writing, by the Transportation Division
Administrator, or his designee.
G. If, in the sole opinion of Collier County, traffic signal(s), other traffic control
devices, signs, pavement marking improvements within a public right-of-
way or easement, or site-related improvements (as opposed to system
related improvements) necessary for safe ingress and egress to this
project, as determined by Collier County, are determined to be necessary,
the cost of such improvement shall be the responsibility of the developer,
its successors or assigns. The improvements shall be paid for or
installed, at the County's discretion, prior to the issuance of the
appropriate corresponding CO.
H. The additional right-of-way shown on the MPUD Master Plan shall be
dedicated on a plat or conveyed in fee simple by deed at no cost to Collier
County within 180 days of approval of the Chestnut Place MPUD. More
specifically, this additional right-of-way shall be 50 feet in width along the
project's entire frontage along the Everglades Boulevard right-of-way and
39 feet in width along the project's entire frontage along the Imrnokalee
Road right-of-way.
3. ENVIRONMENTAL
A minimum of 0.61 acres (15% of the 4.06 acres of native vegetation on site)
shall be required to be retained or replanted.
4. PLANNING
Exhibit "E"
17C
A. Prior to developing the Commercial Tract or the Institutional Tract the
developer shall have made provisions for shared parking between the 2
tracts. The developer of the Commercial Tract shall also cooperate in
providing for shared parking with the abutting parcel owner to the south
once that parcel is rezoned and during the County permitting process.
B. A functional public open-space component shall be provided. Such public
open-space shall be developed as green space within a pedestrian-
accessible courtyard, as per the LDC, in effect at the time of this MPUD
approval date.
C. All buildings shall have tile roofs, "Old Florida" style metal roofs, or
decorative parapet walls above the roofline. All of the buildings and signs
shall have a similar architectural style and be finished in light, subdued
colors, except for decorative trim. Bank drive-through facilities shall be
architecturally integrated with the bank building.
D. Pedestrian traffic shall be encouraged through the placement of
sidewalks, pedestrian walkways, and marked crosswalks within parking
areas. Walkways or courtyards shall connect adjacent buildings. Adjacent
projects shall coordinate placement of sidewalks so that a continuous
pathway through the Neighborhood Center shall be created.
E. Trash receptacles shall be screened on three (3) sides by a six (6) to eight
(8) foot high opaque masonry wall or fence with an opaque gate on the
remaining side for access.
F. All lighting facilities shall be architecturally-designed, and shall be limited
to a maximum height of twenty-five (25) feet. Such lighting facilities shall
be shielded from neighboring residential land uses.
(1) Where a street lamp is required, it shall be of the high pressure
sodium type and have a "cobra head with flat bottom" style or be
fully shielded so that light is directed only downward. Street lamps
shall be mounted on a wood pole at a height and wattage
recommended by the appropriate electric utility and as appropriate
for a rural area.
(2) Parking lot lamps shall be low-pressure sodium type lamps and
shall be mounted so that they point downward without direct rays
extending past the parking lot, building entrance, walkway or other
area intended to be illuminated.
(3) Where lighting of any recreational area is required, such lighting
structure shall be mounted so as to focus illumination on the area
Exhibit "E"
17e
intended to be illuminated, and to limit the amount of light that
extends outside that area.
5. LANDSCAPING AND BUFFERING
A. A twenty-five (25)-foot wide buffer shall be provided along both
Everglades Boulevard and Immokalee Road. This buffer shall contain two
(2) staggered rows of trees that shall be spaced no more than thirty (30)
feet on center, and a double row hedge at least two (2) feet in height at
time of planting and attaining a minimum of three (3) feet height within
one (1) year. A minimum of fifty (50) percent of the twenty-five (25)-foot
wide buffer area shall be comprised of a meandering bed of shrubs and
ground covers other than grass. Existing native trees shall be retained
within this twenty-five (25)-foot wide buffer area to aid in achieving this
buffer requirement; other existing native vegetation shall be retained,
where possible, to aid in achieving this buffer requirement. Water
retention/detention areas shall be allowed in this buffer area if left in its
natural state, and drainage conveyance through the buffer area shall be
allowed, if necessary, to reach an external outfall.
B. Where this MPUD directly abuts residential property zoned E-Estates
outside the Neighborhood Center and without an approved conditional
use, a minimum seventy-five (75) foot buffer shall be provided in which no
parking uses are permitted. Twenty-five (25) feet of the width of the buffer
along the developed area shall be a landscape buffer. A minimum of fifty
(50) feet of the buffer width shall consist of retained native vegetation and
shall be consistent with the LDC. The native vegetation retention area
may consist of a perimeter berm. Any newly constructed berm shall be re-
vegetated consistent with the LDC.
C. If a fence or wall is constructed between abutting commercial and
residential uses, it shall be constructed on the commercial side of the
required landscape buffer and shall not exceed a height of five feet. Walls
shall be constructed of brick or stone. Fences shall be of wood or
concrete post or rail types, and shall be open design (not covered by
slats, boards or wires). A five or six foot high wooden fence shall be
constructed within the eastern 75-foot buffer of the Institutional Tract at
the time of the creation of this 75-foot buffer along the eastern boundary
of the Institutional Tract.
D. Proposed Land Development Code Amendment 2007 (as revised on
November 6,2007), Cycle 2, Section 10.02.03.A.5, Letters a, b, c, and d,
relating to non-compatible uses, shall apply to the subject property, and
shall be enforced as written.
Exhibit "E"
17Ch'I';
January 2,2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-2007-AR-I1121: Chestnut Place CPUD
Dear Legals:
Please advertise the above referenced notice on Sunday, January 13, 2008, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O./Account # 131-138326-649100
17C
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, January 29, 2008, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING
DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING
DISTRICT FOR THE CHESTNUT PLACE MPUD TO ALLOW A MAXIMUM OF
24,000 SQUARE FEET OF PERMITTED COMMERCIAL USE FLOOR AREA WITH A
MIXTURE OF RETAIL AND OFFICE USES, AND A MAXIMUM OF 6,000 SQUARE
FEET OF FLOOR AEA FOR CHURCH AND/OR DAY CARE FACILITIES AS
CONDITIONAL USES, ON PROPERTY LOCATED ON IMMOKALEE ROAD (CR 846)
AND EVERGLADES BOULEVARD, IN SECTION 29, TOWNSHIP 47 SOUTH,
RANGE 28 EAST, COLLIER COUNT, FLORIDA, CONSISTING OF 5.71 +/-
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
PUDZ-2007-AR-11121, Chestnut Ridge, LLC, represented by William
Hoover, AICP, Hoover Planning & Development, Inc. and Richard
Yovanovich of Goodlette, Coleman & Johnson, is requesting a rezone
from the Estates (E) Zoning District to the Mixed Use Planned Unit
Development Zoning District for the Chestnut Place MPUD to allow a
maximum of 24,000 square feet of commercial floor area for retail and
lor office uses and a maximum of 6,000 square feet of institutional
floor area. The subject property, consisting of 6.01 +/- acres, is
located at the Southeast corner of Immokalee Road and Everglades
Boulevard, within a Neighborhood Center of Golden Gate Estates.
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized by
the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
17r
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
January 2,2008
i-eottpty of Collier
CLERK OF THE CIRCUJT COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI l\MIL EAST
P.O. BOX 413044'
NAPLES, FLORIDA '~101-30~4
-$-
17C
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Hoover Planning & Development, Inc.
William Hoover
3775 Airport Road
Suite B
Naples, FL 34105
Re: Notice of Public Hearing to consider Petition
PUDZ-2007-AR-11121; Chestnut Place CPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, January 29, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
. I -J1./ t /
, ! t~ V~~) J~rJe-
Ma;tha Vergara, (;
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.ll.us
Fax- (239) 775-2755
Ernail- collierclerk(a)clerk.collier .fl. us
January 2, 2008
~-Cou.nty 0 fCOllier
\;.-"
CLERK OF THE CIRCUJT COURT
COLLIER COUNTY <tOURT~OUSE
3301 T AMIAMI ,z~IL EAST
P.O. BO~ 413044\
NAPLES, FLORIDA ':l11O 1-30~4
...l:ik_
~ '
'" )
17C
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountanl
Auditor
Custodian of County Funds
Goodlette, Coleman, & Johnson
Richard Y ovanovich
4001 N. Tamiami Trail #300
Naples, FL 34103
Re: Notice of Public Hearing to consider Petition
PUDZ-2007-AR-1l121; Chestnut Place CPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, January 29, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 13,2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~.
Martha Verga~~
Deputy Clerk
Enclosure
Phone-(239) 732-2646
Website- www.cIerk.collier.fl.us
Fax-(239) 775-2755
Email-colliercIerk(a)c1erk.collier.t1.us
January 2,2008
.. -COuety pf COllier
CLERK OF THE CIRCUJT COURT
COLLIER COUNTY cl:OURT~OUSE
3301 T AMI AMI 'J\R,AIL EAST
P.O. BOX 413044\
NAPLES, FLORIDA11101-30f4
-$-
17C
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Chestnut Ridge, LLC
3775 Airport Road N
Suite B
Naples, FL 34105
Re: Notice of Public Hearing to consider Petition
PUDZ-2007-AR-11121; Chestnut Place CPUD
Dear Petitioner;
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, January 29, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, January 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~/U~
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Ernail- collierclerk(aJ,c1erk.collier.f1.us
Martha S. Vergara
17C
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Thursday, January 03, 2008 9:49 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT03150.txt; PUDZ.2007-AR-11121 - Chestnut Place
~1
~
r~-;l
L:J
ATT031S0.txt (231 PUDZ.2007.AR.l11
B) 21 . Chestnut ...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Martha S. Vergara
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Thursday, January 03, 2008 10:36 AM
To: Martha S. Vergara
Subject: RE: PUDZ-2007-AR-11121 - Chestnut Place
OK
From: Martha S. Vergara [mailto:Martha.Vergara@colliercierk.com]
Posted At: Thursday, January 03, 2008 9:49 AM
Posted To: Legals - NDN
Conversation: PUDZ-2007-AR-11121 - Chestnut Place
Subject: PUDZ'2007-AR-11121 - Chestnut Place
Hi Pam,
Here is an ad for you..
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
1/3/2008
Page 1 of 1
17C
Tl1.Th,
NAPLES DAILY NEWS
Published Dad.,
Naples. FL .1.f 1 {I]:
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned lhc~ scryc as the {Wlhorily. pcrsonall~
appeared ~-l_(U11Q. who on oath says thaI thc~
sene as lhe Assistant Corporate Secretary orl11c Naples Daily.
:1 daih IlC\\Sp;lpCr published at N:Jplc~. in CO[[ler COLlIlty.
Florid;,: distributed in Collier and Lee counties of Florida: thai
the attached cop.\ of the ad,-crtising_ being a
PUBLIC NOTICE
:n :hc mallcr 01 I'U8L1C NCHIClc
\\ as published ill said newspaper I time in the isslle
on January 131[l..2()()8
\rtial1l 1l111hCf ~il\" 111:11 1\1<2 ~ilid :..apks lhil\' f\C\\'S is a nc\\SpapCf
l'uhlislh:d ~lt :\apks. in said Colli<.'f C()unt~_ Florida, and that the said
l:C\\SpapL'f has IlCl,:lnlilh,' 11<:<.'11 cOl1linWlll'.I:, Pllhlhh.;J In sa1(l ('n1l1el
Ce>llnt\. lldlida: dislrihl1kd ill Collier ;ll1d I ,c": ~'(}Unlh;S 01 ), jmlda.
each da\ ,Illd has 1"0"::"::11 enkr..::d a<.; sC":"lld ~'I,lSS m<1ill11:I11..::r at th..: posl
i)tli..:~' ir'] \<Ipks_ 111 said Colh..::r (('lInt\'. 1'lo1'ida. I'm ~l period ,)f 1
\~',II- 11~'\:t p1'..::c..::dil1g th..: lirq puhli~'ali(Jn ,)]'th<.' att<ldl~'d ":'lpy 01
<Id\<.'rtisclllenL and allianl furth..:r says Ihal he has rKrthe1' rard 11<)!
flldllliscd ,111~ pers"ll. iinn nr ~'()q)(Jralilln any disUllll1L rehak,
L'\)Jll1nission or 1'elllll..J 1,,1' tlh: purpus,;: \'1 s,;:cuflng lhls a(h-et1rs~'rn..:nt li)r
jJtll,iiL'ati\l1] in ilk "lid 'k\\~l'ar'~'l
5.~
(Slg~lature/or affiant)
S\\ orn 10 and subscribed bcrorc me
I Ills I
Ib\ ()r.l:illlla1'\ 200S
C\~"'"
(Sigll,'rt7\rc of llcnd~
C\Q.^illK)
pubiic\i
ITI )l)-2.'l7X,}
,......,:';.....
,,'i}"""~>
{;~ ):1
JUDY JANES
Commission 00 675029
"".Ij'f;,r-.,,"- EJoo(!eHjThru Troy Ftlln Inz~r~oceilOO-385"7019
-PUDZ-2D07.AI!.lll2l'
NOTItEOF INtENT TO
CON~oeR'~NANCE
Natlce!S~ he by gl,ven
that ClI1..... ..AY, Janu-
.ry 29, 2 8. In the
8oarctro~ 3rd Floor.
A'dminlltratton~. ulldlng.
c.o.lJler~,eo-unt.y, ovel'n"
ment ,,,,enter. . LEatt:
T$I't1iaml Trall"Naples..
FJorkJa. ,tbt,BQardof
caU~YCOmml.5tone:r&
wUl the e~.
"'....'..'.:~d.
nllUiCe. The ri1 . . 'wit
COMni;enQt at 1::00 A.M.
Thelltle Of th. eprQ"1
0_ Ol1llnone. I. ..
'fOltow~' ,
AN _QRaINAHcE, OF.tHt I
eOA'UJi ,O,f' COUNTY I
CQ"'~IS$IQNU8 'In
"C.q~L ,.R .C.o.UIlTy'.
FL08 "..MENl>IG
OllDIII.iluNUMI 8
200A-- ' ._AS AMEN ,
THE ~LLfER COtl ,TV
'.Nl> DaVaLDPMINT
CooE WlIleH INC~LUDE8
THE to.MPREHESIVE
ZONIMGQ!QULA IONS
FOR THE UNJNCOflP,Q-
RATED ~.. OF COUoIEA
COUNTY; 1I.o.8Io.,._"_y
AMENbING''rHEAP-trJUJ-
PRIATE ZONING A'rLAS
MAPOR'hU,PS BY
CHANGINQ THE ZONING
'ilfilj8
. f 'Ni
T.T(E) ZONING 01
TRft:TOA-,.MIXED. .
PLANNED UNIT DEVEl"
OPMENT (MOU!>) ZON-
ING DISTRm fO".'
CHESTNUT PLACE "
TO Al.;lOW A MAXI'
Of 24,000 FVsu,,"e FEET
OF PERM I ED COM- ,
MERCIA-I.; SE FLOOR I
AREA WITHA. MIXTURE.
or: RETAIL ANDOFFtC'E .
USES, AND A MAXIMUM
OF 6,,!000 SQUAREFE!T
OF tLOOR AEA FOR
CHURCH AND/OR DAY
CARE' FA-<:lllTIE$ AS
CONDITIONAL tlSES, ON
PROPERtv LOCATED ON,
IMMOKAlEE ROAD (CR
846).NO' EVERGL'DES
BOUlEVARD... IN _SECTION
29. TO'W'flISHt P 47
SOUTH, RANGE 28 EAST,
COLLIER COUNT, FLORI.
DA, CONSISTING OF S.11
+/- ACRES; AND BVPAQ.
VIDINq .N EfF.cnv~
DATE. i : v' ;,'
PUDZ -2007 -AR-11121,
Chestnut Ridge, lLC,
repr'lsented ,bY WUllam
Hoover, AICP, Hoover
Planning &; Develop-
J\Wint.~nc. and Richard
Vovanovlch of Good-
lette, COletn~ ,& John-
sah, Is requesting a re-
zone from the Estates
(EI Zoning DIstrict to the
M xed Use Planned Unit'
Development ZOl'!lng"
District for the .Che$fl'\Uf
Place MPUD to allow II
maKlmum of 14.000
SQuare 'feet of temmeI'"
cUll floor' area for retaH
and lor offlt;e uses ancl
a maxiMum of 6000
square feet"of Insi'ltu.
tlonal floar area, Th,
~:t pr.por.'y, con'
ot6.o1+/- acres,
15 located at- the South.
east carner of Immoka-
lee Road and Everatades
Boulevard, \tllln a
17C
Nelghbomood Center of
G_ <ioto ........
Co~""of the proposed
Ordl..nce are an file
'with ,'the Clerk to the
80ardand are available
tor_IIlI...klll....II.Intor. '1
....'" .... '~d
10. . llnd "."*3."
NP11li ."..,.. wish.
~..o...P..k .on any
ttemmu,," reoll!'
tot the 00_ .d.
f~or to pro.
Q the ~a
Itl1tl_ fa be addressed.
IndlvftfUaJ.speakers will
be.llmlttd to 5 mlnutes
on any nem. The selec-
tlO. n Of_.nJndl\1d.....ual ,'. to
~.!lII!IiIlIrl>f'.
,<Dr ',"'P' Ii;
eI\e~Ui' .d. lrn.eOg.
nlzed .. the Ch.'_n,
aspOUspe1tson fora
gr13UP'dr' 'Ort'anizatlon
l11:AY be-aUotted 10 min.
utes to'.peakonan
ltam. .
~ Wlsh"'g" hava
W'r1~_ :' AAhk: e-
lell4l'lrc~e11 in 'II\';
Joatdaoenda packets
mUJt iubmlt ,said ma-
terJaI a minimum of 3
w.efts prior t,iCdhe.' re-
~ec:tlve' pubUe h'.Ji1g,
In ony e.... ~....
terials Intended to be
....Idered by the Board
sWt.1I be submitted to
~If~':;,~ gr."'!
i.n..Ys"~pr.. '..fti':h.e
'. . '. C hearlNll. AU ma-
.1 !I5Od In p....nta.
....fOre the Board
,I.:bft:~. p.erma-
nent.....OIlhtt-",
....--.
AIli'IMoiIon 1YiII>. ..
.. .,__ i
the'.' ,'w!ll'iWliiId,'
"tII. p
lilI\g'lIl .
........ "
_Uta. .....~.",.i
~~I1f.~...
ll1f ... ...0.
c.l&. . the 1:.
mq~.y,.'..ft: evldenctf,
!JP.atl whiCh the appeat
IS baSed.
~...5OUJ\lT'l
CCOIT'IL .rrrrE'it"Cit"CR .' C~~ 0 U N T ~.-:. ,
F1 ...~
J' COLETTA. CH~'t
MAN ,__,:
DWiGHT E. "ROdt!!,
CLERK_ )
By~ Martha Verora.
DoIMY. Clerk. 'i
(WU '. .' 't
Jan.13. '.No.lsd20s
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. lfthe document is already complete with the
exce tion of the Chainnan's si ature, draw a line thrau h routin lines # 1 thrau #4, com Jete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
(List in routio order
1.
1 ?C
i"'J~ tr" -h, n
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BCe has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
,\,. .....
~{(;"',,,~n
Phone Number
---
0"'~~c..
-z. 4 '1. ()O
Agenda Item Number
L\' 'ZC\t\3
\ '1 C--
1.
0....\.",,,,,<<:... .. E-mibit
... 0 --OS
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N! A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the Bce on \ 'Z-'1 oS (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne 's Office has reviewed the chan es if a licable.
Number of Original
Documents Attached
Yes
(Initial)
/
2.
3.
5.
/
./
,/
4.
6.
I: Forms! County Forms! BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
.____,_._c.__.,=,_ _..._.,."_._~,.._,"~_.",,,,__~,,_
MEMORANDUM
Date:
February 6, 2008
To:
Willie Brown, Principal Planner
Zoning and Land Development
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-05
Enclosed please find one copy of the document as referenced above
(Agenda Item #17C), adopted by the Board of County
Commissioners on Tuesday, January 29, 2008.
If you should have any questions, please call 252-8411.
Thank you.
Enclosure
17C
MEMORANDUM
Date:
February 6, 2008
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-05
Attached, please find one (1) copy of the document referenced above (Agenda
Item #17C), as approved by the Board of County Commissioners on Tuesday
January 29, 2008.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosure
l?C
ORDINANCE NO. 08-~
l?[
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN
ESTATES (E) ZONING DISTRICT TO A MIXED USE
PLANNED UNIT DEVELOPMENT (MPUD) ZONING
DISTRICT FOR THE CHESTNUT PLACE MPUD TO
ALLOW A MAXIMUM OF 24,000 SQUARE FEET OF
PERMITTED COMMERCIAL USE FLOOR AREA
WITH A MIXTURE OF RETAIL AND OFFICE USES,
AND A MAXIMUM OF 6,000 SQUARE FEET OF
FLOOR AREA FOR CHURCH AND/OR DAY CARE
FACILITIES AS CONDITIONAL USES, ON
PROPERTY LOCATED ON IMMOKALEE ROAD (CR
846) AND EVERGLADES BOULEVARD, IN SECTION
29, TOWNSHIP 47 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA CONSISTING OF
6.01+/- ACRES: AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, William Hoover of Hoover Planning and Development, Inc., and Richard
Yovanovich, Esq., of Goodlette, Coleman and Johnson, P.A., representing Chestnut Ridge, LLC,
'I
petitioned the Board of County Commissioners to change the zoning classification of the herein
described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 29,
Township 47 South, Range 28 East, Collier County, Florida, is changed from an Estates (E)
Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the
Chestnut Place MPUD in accordance with Exhibits A through E, attached hereto and
incorporated by reference herein. The appropriate zoning atlas map or maps, as described in
Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are
hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
Page 1 of2
l?C
PASSED AND DULY ADOPTED by super-maJonty vote of the Board of County
Commissioners of Collier County, Florida, this Jqth day of:::ranu.It.(~_, 2008.
;"r
A TTES1':' '.
DWIQ T,E. BROt:K.'CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~c
Approved as to form
and legal sufficiency:
J.:}1fJ Atfr:t."1 , on . ~- ~
Marjori . Student-Stirling
Assistant County Attorney
Exhibit A - List of Allowable Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - List of Developer Commitments
Page 2 of 2
17C
EXHIBIT "A"
COMMERCIAL AND INSTITUTIONAL TRACTS PLAN
LIST OF ALLOWABLE USES
1. PURPOSE
The purpose of this Section is to identify specific development standards for the
Commercial Tract and Institutional Tract as shown on Exhibit "C" MPUD Master
Plan.
2. GENERAL DESCRIPTION
The MPUD Master Plan is intended to provide for both commercial and
institutional land uses. The Commercial Tract designated on Tract 113 on the
MPUD Master Plan is intended to provide retail and/or office uses limited to a
. floor area of 24,000 square feet. All commercial areas shall be developed with a
common architectural theme that includes buildings and signs. The Institutional
Tract designated on Tract 114 on the MPUD Master Plan is intended to provide
child care and/or church uses limited to a floor area of 6,000 square feet.
3. PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following;
A. Permitted Principal Uses and Structures on Commercial Tract 113:
(1) Apparel and accessory stores (groups 5611 - 5661).
(2) Automobile supply stores (group 5531 but only the sale of new auto
supplies and no on-site installation).
(3) Business services (groups 7311,7334 - 7336,7377,7378, 7384).
(4) Child care centers (group 8351).
(5) Churches (group 8661).
(6) Depository institutions (groups 6021-6062).
(7) Eating places (group 5812 except for restaurants with a drive-
through facility are not permitted). Consumption of alcoholic
l? ('
....,i
beverages on premises shall be subject to requirements of the
LDC).
(8) Engineering, accounting, and bookkeeping services (groups 8711 -
8721,8748).
(9) Food stores (groups 5411 including convenience stores with
gasoline pumps, 5421 - 5499).
(10) Gasoline service stations (group 5541 but excluding sales of diesel
fuel to heavy trucks over 1 ton rated capacity).
(11) General merchandise stores (group 5399).
(12) Hardware supplies (groups 5231 - 5251).
(13) Health services (groups 8011 - 8049).
(14) Home furniture, furnishings and equipment stores (groups 5714,
5719,5734 - 5736).
(15) Insurance carriers, agents, and brokers (groups 6211, 6311 - 6399,
6411).
(16) Legal services (group 8111).
(17) Miscellaneous retail (groups 5912,5941 - 5949, 5992).
(18) Motion pictures (groups 7832 but only in conjunction with a sit-
down restaurant).
(19) Personal services (groups 7212,7221 -7251,7291).
(20) Physical fitness facilities (group 7991).
(21) Real estate (groups 6531, 6541).
(22) United States Postal Service (group 4311 except major distribution
center).
(23) Veterinary services (group 0742 for household pets only and no
outside kenneling or overnight boarding).
17C
(24) Any other commercial use allowed in the C-1, C-2, or C-3 zoning
districts, and not prohibited in Section 3.D., that is deemed
appropriate by the Board of Zoning Appeals.
B. Accessorv Uses;
Uses and structures that are accessory and incidental to the Permitted
Uses within this MPUD Ordinance for each respective Tract depicted on
the MPUD Master Plan, except drive-through facilities which shall be
limited only to banks on the Commercial Tract with a maximum of three
(3) drive-through lanes per bank.
C. Conditional Uses on Institutional Tract 114 (Uses are Permitted in Golden
Gate Area Master Plan as Conditional Uses);
(1) Churches (group 8661).
(2) Child care centers (group 8351).
D. Prohibited Uses;
(1) Drinking places (group 5813) and liquor stores (group 5921).
(2) Mail order houses (group 5961) and merchandising machine
operators (group 5962).
(3) Power laundries (group 7211) and funeral service and crematories
(group 7261).
(4) Radio and television representatives (group 7313) and direct mail
advertising services (group 7331).
(5) Amusement and recreation services (group 7999).
(6) General, specialty, and psychiatric hospitals (groups 8062, 8063,
8069).
(7) Educational services (groups 8211 - 8231).
(8) Correctional institutions (group 9223).
(9) Environmental resource and solid waste management (group
9511 ).
(10) Homeless shelters and soup kitchens.
1l'C
(11) Refuse systems, including hazardous materials (group 4953).
1 ?C
EXHIBIT "B"
DEVELOPMENT STANDARDS
TABLE I
DEVELOPMENT STANDARDS FOR COMMERCIAL AND INSTITUTIONAL TRACTS
MINIMUM lOT AREA
MINIMUM LOT WIDTH
MINIMUM YARDS (External)
From Everglades Blvd. ROW
From Immokalee Road ROW
From other MPUD Boundaries
MINIMUM YARDS (Internal)
Side Yard Setback
Rear Yard Setback
PRINCIPAL USES
10,000 Sq. Ft.
100 Feet
ACCESSORY USES
Not Applicable
Not Applicable
25 Feet
25 Feet
25 Feet
SPS
SPS
SPS
15 Feet
15 Feet
10 Feet
10 Feet
10 Feet
35 Feet
MINIMUM DISTANCE BETWEEN STRUCTURES 15 Feet
MAXIMUM HEIGHT 35 Feet and Limited to
only 1 Story
MINIMUM FLOOR AREA 700 Sq. Ft.'
Not Applicable
'Per principal structure on the finished first floor.
SPS = Same as Principal Structure
ROW = Right-of-Way
Table I above sets forth the development standards for land uses within the Chestnut
Place MPUD. Standards not specifically set forth herein shall be those specified in
applicable sections of the Land Development Code (LDC) in effect as of the date of
approval of the site development plan or subdivision plat.
Development of The Chestnut Place MPUD shall be in accordance with the contents of
this Ordinance and applicable sections of the LDC and Growth Management Plan
(GMP) in effect at the time of issuance of any development order, such as, but not
limited to, final subdivision plat, final site development plan, excavation permit, and
preliminary work authorization, to which such regulations relate. Where these
regulations fail to provide developmental standards. then the provisions of the most
similar district in the LDC shall apply.
1 ?C
EXHIBIT "e"
MPUD MASTER PLAN
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EXHIBIT "0"
LEGAL DEseRIPTION
The subject property being 6.01 acres, is comprised of two contiguous parcels,
and is located in Section 29, Township 47 South, and Range 28 East. The legal
description of the subject property is Tracts 113 and 114, Golden Gate Estates
Unit 46, as recorded in Plat Book 7, Page 31 of the Public Records of Collier
County, Florida,
17C
17C
EXHIBIT "En
LIST OF DEVELOPER eOMMITMENTS
1, UTILITIES
The project shall utilize well and septic systems until it is within an authorized
water and sewer service area and central water and sewer services are
available.
2. TRANSPORTATION
A. All traffic control devices, signs, pavement marking, and design criteria
shall be in accordance with the Florida Department of Transportation
(FOOT) Manual of Uniform Minimum Standards (MUMS), current edition,
FDOT Design Standards. current edition, and the Manual On Uniform
Traffic Control Devices (MUTCD), current edition,
B, Arterial level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first certificate of
occupancy (CO),
C. Access points shown on the MPUD Master Plan are considered to be
conceptual. The number of access points constructed may be less than
the number depicted on the Master Plan; however, no additional access
points shall be considered unless a PUD amendment is approved,
D. Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to
commencement of on-site construction. Since both Everglades Boulevard
widening and Immokalee Road widening are in the Long Range
Transportation Plan, but are not in the 5 year work program (at the time of
adoption of this MPUD), this site shall be required to install a minimum 50-
foot radius at each right-in access to this site, Payment in lieu (PIL) for
required turn lanes has been supported by the TIS and is recommended
by Staff, and as such shall be a requirement of this MPUD. The amount of
PIL shall be negotiated by the developer and the County at the
appropriate design phase of adjacent roadway improvements. Upon the
County's approval of the amount of the PIL, the developer, his
successors, or assigns shall pay this sum within 90 days of the County's
request for the PIL. The schedule for negotiations is dependent upon the
programmed construction schedule of adjacent roadways.
17C
E. Nothing in any development order (DO) shall vest a right of access in
excess of a right-in/right-out condition at any access point. Neither shall
the existence of a point of ingress, a point of egress, or a median opening,
nor the lack thereof, be the basis for any future cause of action for
damages against the County by the developer. its successor in title, or
assignee. Collier County reserves the right to close any median opening
existing at any time which is found to be adverse to the health, safety, and
welfare of the public, Any such modifications shall be based on, but not
limited to, safety, operational circulation, and roadway capacity,
F. If any required turn lane improvement requires the use of any existing
County rights-of-way or easement(s), then a compensating right-of-way or
easement shall be provided at no cost to Collier County as a
consequence of such improvement(s) upon final approval of the turn lane
design during the review of the first subsequent development order
application. The typical cross-section may not differ from the existing
roadway unless approved, in writing, by the Transportation Division
Administrator, or his designee.
G. If, in the sole opinion of Collier County, traffic signal(s), other traffic control
devices, signs, pavement marking improvements within a public right-of-
way or easement, or site-related improvements (as opposed to system
related improvements) necessary for safe ingress and egress to this
project, as determined by Collier County, are determined to be necessary,
the cost of such improvement shall be the responsibility of the developer,
its successors or assigns, The improvements shall be paid for or
installed, at the County's discretion, prior to the issuance of the
appropriate corresponding CO,
H. The additional right-of-way shown on the MPUD Master Plan shall be
dedicated on a plat or conveyed in fee simple by deed at no cost to Collier
County within 180 days of approval of the Chestnut Place MPUD, More
specifically, this additional right-of-way shall be 50 feet in width along the
project's entire frontage along the Everglades Boulevard right-of-way and
39 feet in width along the project's entire frontage along the Immokalee
Road right-of-way.
3, ENVIRONMENTAL
A minimum of 0.61 acres (15% of the 4.06 acres of native vegetation on site)
shall be required to be retained or replanted,
4, PLANNING
7f7C
A. Prior to developing the Commercial Tract or the Institutional Tract the
developer shall have made provisions for shared parking between the 2
tracts, The developer of the Commercial Tract shall also cooperate in
providing for shared parking with the abutting parcel owner to the south
once that parcel is rezoned and during the County permitting process,
B. A functional public open-space component shall be provided. Such public
open-space shall be developed as green space within a pedestrian-
accessible courtyard, as per the LDC, in effect at the time of this MPUD
approval date,
C. All buildings shall have tile roofs, "Old Florida" style metal roofs, or
decorative parapet walls above the roofline. All of the buildings and signs
shall have a similar architectural style and be finished in light, subdued
colors, except for decorative trim, Bank drive-through facilities shall be
architecturally integrated with the bank building,
0, Pedestrian traffic shall be encouraged through the placement of
sidewalks, pedestrian walkways. and marked crosswalks within parking
areas. Walkways or courtyards shall connect adjacent buildings, Adjacent
projects shall coordinate placement of sidewalks so that a continuous
pathway through the Neighborhood Center shall be created.
E. Trash receptacles shall be screened on three (3) sides by a six (6) to eight
(8) foot high opaque masonry wall or fence with an opaque gate on the
remaining side for access.
F. All lighting facilities shall be architecturally-designed, and shall be limited
to a maximum height of twenty-five (25) feet. Such lighting facilities shall
be shielded from neighboring residential land uses,
(1) Where a street lamp is required, it shall be of the high pressure
sodium type and have a "cobra head with flat bottom" style or be
fully shielded so that light is directed only downward, Street lamps
shall be mounted on a wood pole at a height and wattage
recommended by the appropriate electric utility and as appropriate
for a rural area.
(2) Parking lot lamps shall be low-pressure sodium type lamps and
shall be mounted so that they point downward without direct rays
extending past the parking lot, building entrance, walkway or other
area intended to be illuminated,
(3) Where lighting of any recreational area is required, such lighting
structure shall be mounted so as to focus illumination on the area
1 ?C
intended to be illuminated, and to limit the amount of light that
extends outside that area,
5, LANDSCAPING AND BUFFERING
A. A twenty-five (25)-foot wide buffer shall be provided along both
Everglades Boulevard and Immokalee Road, This buffer shall contain two
(2) staggered rows of trees that shall be spaced no more than thirty (30)
feet on center, and a double row hedge at least two (2) feet in height at
time of planting and attaining a minimum of three (3) feet in height within
one (1) year. A minimum of fifty (50) percent of the twenty-five (25)-foot
wide buffer area shall be comprised of a meandering bed of shrubs and
ground covers other than grass. Existing native trees shall be retained
within this twenty-five (25)-foot wide buffer area to aid in achieving this
buffer requirement; other existing native vegetation shall be retained,
where possible, to aid in achieving this buffer requirement. Water
retention/detention areas shall be allowed in this buffer area if left in its
natural state, and drainage conveyance through the buffer area shall be
allowed, if necessary, to reach an external outfall.
B. Where this MPUD directly abuts residential property zoned E-Estates
outside the Neighborhood Center and without an approved conditional
use, a minimum seventy-five (75) foot buffer shall be provided in which no
parking uses are permitted, Twenty-five (25) feet of the width of the buffer
along the developed area shall be a landscape buffer. A minimum of fifty
(50) feet of the buffer width shall consist of retained native vegetation and
shall be consistent with the LDC. The native vegetation retention area
may consist of a perimeter berm. Any newly constructed berm shall be re-
vegetated consistent with the LDC.
C. If a fence or wall is constructed between abutting commercial and
residential uses on the Commercial Tract (Tract 113). it shall be
constructed on the commercial side of the required landscape buffer and
shall not exceed a height of five feet. Walls shall be constructed of brick or
stone. Fences shall be of wood or concrete post or rail types, and shall be
open design (not covered by slats, boards or wires). A six foot high
wooden fence shall be constructed within the eastern 75-foot buffer of the
Institutional Tract (Tract 114) at the time of the creation of this 75-foot
buffer along the eastern boundary of the Institutional Tract.
D. Proposed Land Development Code Amendment 2007 (as revised on
November 6, 2007), Cycle 2, Subsection 10,02.03.A.5, Paragraphs a, b,
c, and d, relating to non-compatible uses, attached hereto and
incorporated by reference herein as Exhibit "E-1 ", shall apply to the
subject property, and shall be enforced as written,
EXHIBIT "E-1"
PROPOSED LAND DEVELOPMENT eODE AMENDMENT 2007
17C
17('
Non-compatible uses. It is recoanized that there are uses and accessory
uses which. because of their very nature. have characteristics that do not
meet the compatibility criteria of this ordinance and thus adverselv impact
adjacent areas. Special reoulation of these uses is necessary to ensure
that these adverse impacts will not contribute to the bliahtino and
downaradina of the surroundino neiohborhood.
a. Within 15 days from submittal of any site development plan. it
shall be within the discretion of the County Manaoer or desianee
to refuse approval of such site development plan if it includes a
use that. in the professional iudoment of the County Manaoer or
desianee. is not compatible with and has the potential to cause a
deleterious effect upon an adiacent neiahborhood.
b, Notice of such refusal shall be promptlY mailed to the apPlicant for
the site development plan. Applicant and staff will meet at their
earliest convenience to discuss and attempt to amicablY resolve
the compatibility issues, which can include. but is not limited to.
movino the Questioned use to another location within the
development.
c. Should the parties be unable to reach an amicable solution. the
matter will be promptly referred to the Collier County Plannino
Commission, At a publiclv noticed hearino. the Plan nino
eommission will review the proposed use make a findinll as to (1)
whether the proposed use was intended for this sne. as set forth in
the zonina ordinance. and (2) whether such use can be made
compatible with the adioinino neiohborhood throuoh the imppsition
of certain conditions or restrictions. incJudina but not limited to
locatino the use to another location within the development,
bufferino. limitino hours of operation. reouirino a vestibule. walls.
and relocatina dumpsters,
d. Should either the County or the applicant be unwillino to abide
with the findinlls and recommendations of the Plannina
Commission. the matter will then be forwarded to the Board of
County Commissioners for a public hear/no. to be conducted in
the same manner as LOC Section 10.06.00. except that notice
purposes 10 days prior notica bv publication will be sufficient.
Exhibit E-l
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-05
Which was adopted by the Board of County Commissioners
on the 29th day of January, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of January, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board, or ,.
County Commissionel?s
~ujr:< R~! k
By: Teresa polask.i'!
Deputy Clerk;' .'
17r
1'1DI
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the lollowing as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
...---.-...-.-..........--......-.-...................****~***.*********~*****.**********...****T''f1
Originating Deptl Div: Comm.Dev.Serv.l Planning Person: John-DavId Moss, AICP Date: /1/);) 6' I
Petition No. (If none. give brief description): V A-2007-AR-12232, Hamilton Variance
Petitioner: (Name & Address): Michael T. Traficante, Esq., 5551 Ridgewood Drive, Suite 501, Naples, FL 34108
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCe
aZA
Other
Requested Hearing date:
Januarv 29. 2008
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: V A-2007-AR-12232, John Hamilton,
represented by Michael T. Traficante, Esq., requesting a 3.9-foot after-the-fact Variance from the 7.5-foot side yard setback
requirement. The :iO.13-acre site contains a single~family dwelling with a 3.6-foot side yard setback along its northeastern
boundary. The subject site is located at 85 Shores Avenue, in Section 22, Township 48 South, Range 25 East, Collier County,
Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
131-13 8326-649100
No If Yes, what account should be charged for advertising costs:
Approved hy:
12....:sr-07
Date
County Manager
Date
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
.....................................................................................................
FOR CLERK'S OFFICE USE ONLY: . ( I '" I,
DateReceived:~ DateofPubIiChearing:42.-qI6~ DateAdvertised:W~
1 D
RESOLUTION 2008 -
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA.2007-AR-12232, FOR AN AFTER-THE-FACT
VARIANCE FROM THE REQUIRED 7.5-FOOT SIDE YARD
SETBACK TO PROVIDE A 3,6-FOOT SIDE YARD SETBACK
ON PROPERTY LOCATED IN PALM RIVER SHORES,
HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA.
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, the County pursuant thereto has adopted a Land Development Code (LDe)
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning ofparucular
geographic divisions ofthe County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of an after~the-fact variance
of 3,9 feet from the required 7.5-foot side yard setback to provide a 3.6-foot setback, as shown
on the plot plan attached as Exhibit A, in the RSF-4 Zoning District for the property hereinafter
described, and has found as a matter of fact that satisfactory provision and arrangement have
been made concerning all applicable matters required by said regulations and in accordance with
Section 9,04,00 of the Zoning Regulations of said Land Development Code for the
WlincoIporated area of Collier COWlty; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled, and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA. that Petition V A.2004-AR-12232, filed by Michael T,
Traficante, Esq., representing John G. Hamilton, with respect to the property located at 85
Shores Avenue, Collier COmIty, Florida, further described as:
Lot 46, Palm River Shores, according to the Plat thereof, recorded in Plat Book 3,
Page 27, of the Public Records afCollier COWlty, Florida
Folio No, 65570960000
be and the same hereby is approved for an after-the-fact variance of 3.9 feet from the required
7.5-foot side yard setback to a 3.6-foot setback as shown on the plot plan attached as Exhibit A,
of the RSF-4 Zoning District wherein said property is located,
Page 1 of2
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2004-AR-12232 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this _ day of
,2008,
ATfEST:
DWIOlIT E, BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
, CHAIRMAN
, Deputy Clerk
and
Appr ed
legal ffi
Jeffrey . Kl kow
Managi gAs i tant County Attorney
Page 2 of 2
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170
December 31, 2007
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Petition V A-2007-AR-12232, Hamilton Variance
Dear Legals:
Please advertise the above referenced petition on Sunday, January 13, 2008 and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O./Account # 131-138326-649100
NOTICE OF PUBLIC HEARING
17D
~~
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, January 29,
2008, in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M.
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2007-AR-
12232, FOR AFTER-THE-FACT VARIANCE FROM THE REQUIRED 7.S-FOOT
SIDE YARD SETBACK TO PROVIDE A 3.6-FOOT SIDE YARD SETBACK ON
PROPERTY LOCATED IN PALM RIVER SHORES, HEREINAFTER DESCRIBED
IN COLLIER COUNTY, FLORIDA.
VA-2007-AR-12232, John Hamilton, represented by Michael T.
Traficante, Esq., requesting a 3.9-foot after-the-fact Variance
from the 7.5-foot side yard setback requirement. The +/- 0.13-acre
site contains a single-family dwelling with a 3.6-foot side yard
setback along its northeastern boundary. The subject site is
located at 85 Shores Avenue, in Section 22, Township 48 South,
Range 25 East, Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
.eowntypf Collier
L-~ _ '
CLERK OF THE CIRCUlT COURT
COLLIER COUNTY d:ouRTnouSE
3301 TAMIAMI '$,AIL EAsT
P,O, BO~ 413044,
NAPLES, FLORIDA'~101-30~4
.,
_,I
/
17D
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 31, 2007
Michael T. Traficante, Esq.
5551 Ridgewood Drive
Suite 501
Naples, FL 34108
RE: V A-2007-AR-12232, Hamilton Variance
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, January 29, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, December 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~Vo~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.clerk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerklalclerk.colIier.fl.us
Martha s. Vergara
ill
From:
Sent:
To:
Subject:
postmaster@collierclerk,com
Thursday, January 03, 2008 9:59 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT03287.txt; VA-2007-AR-12232 - Hamilton Variance
[J,
I;"
1';';;\
L:-J
ATT03287.lxt (231 VA-2007'AR-12232
8) - Hamilton Va..,
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Martha S. Vergara
-~--~---_._-_._-----_.._--------
From: Perrell, Pam [PPerrell@Naplesnews,com]
Sent: Thursday, January 03, 2008 10:34 AM
To: Martha S. Vergara
Subject: RE: VA-2007-AR-12232 - Hamilton Variance
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Thursday, January 03, 2008 9:59 AM
Posted To: Legals - NDN
Conversation: VA-2007-AR-12232 - Hamilton Variance
Subject: VA-2007-AR-12232 - Hamilton Variance
Pam,
Here is another ad for you, . ,
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
1/3/2008
Page 1 of 1
17D
Th.Th.
"API.ES DAILY 'ifo:WS
Published J)ail~
"aplcs. I I.l~ 1112
Affidavit of Publication
State of Florida
COlLnty of Collier
Before the undersigned lhc~ ser\e as the authoril~. pcrson<lll~
appeared 13. L_.allJQ. who 011 oath sa~s III:l! 111c~
scr\'c as lhe Assist1Jlt ('orpor:ltc Sccrc{ar~ or the Naples Daily.
:1 daily IIC\\sp<lpcr published <It Naples. ill ('oilier COllnty_
Florida: distributed in C'ollier ;lIld Lee counties of Florida: that
Ihc allachccl (Op:\ of the ad\(:~rllsing. being <l
PUBLLCEQJICE
ill llle lI);t!l('J" o[ PUBLIC 'j\~OTICE
\\as published in said newspaper I time in the issue
OIl JallU<l'Y" I :)111.200K
\Iliilllt Il1l1h..:r sa\s lhat lh..: said '\;apks Daily '\<.::\\S is a Ih.'Wsrap.;r
l'uhlish<.'d at '\arks_ in saidColli"l C'lunl\. Florida. and thallh..: said
Il~'\\spap<,r has h..:r-:!ol,)r.;: \1';:"11 ,-'onliml<'u~h Pllhlislwd ill said Colli.;:r
C'lUllt: Florida: (h~II'iill!kd ill C"lli~T and ] ,'~.;: L()llnli.;:~ dr rl,'rida.
L'adl day alld ha~, h.:'-'n c;nkr~d as s":L'Pllcl (lass mail maltcr :ll th" rhlsl
,,1Iic;~' ill \apks_ in said Colli..:r CclUllt\_ Florid!. 1(\1' :1 p..:rimi "f ]
:~':lr I\..:_\t pr..:..:..:ding th..:: li]'~t puhliL'a[i(1Tl drtll.: allal:h~'d ..:\\py (ll
;j{h.:rtisclll.:nt: and allian! hlrth..;r ~a\ '; that h..: ha~ n.:ith<.:r paid ll<Jr
pn)rni~,-,,-l an: p..;]'SCI1. lil'm ,11 ~',np"[:lti\lll :11l\ di".;uunL rebat.:,
,:ollllTlissiQ!l or n:fund for tll<2 pljf)W~<2 <ll ~":L'urillg (hi~ ,ldvutis":I11.:nll'll
pllhlicllion in lh..: ~:li,j 1l":\\SP~lp":l
____/;'___0
( Signature or :lrflan!)
S" om wand "illbscribcd before me
Thi:.; l.1rJ.
Ib\ ()I-.l:II~lIan ::":",IS
.'\~A_0WnJh)
! S,gllA,rc of Ilc\wt, pllbU'.}
/iif':'!;:;;;", JUDY JANES
t.r~'f.1 Commission DO 675029
III '~-"7X, i~~f' ExpiresMay16,2011
. -- - '.,,,,;..' BoncJedThruT '
on8 ClllUCES
.. n:anRN8 I
VA'~,.a6.~ I
PUBLlC':'EARING
Notice Is hereby given:
oIhatllle Boord oICOonly
Commissioners of Col-
Uer County will h~d a i
If !~~~.r~1
.-IJO-arl'.J'.@Jnj...jrd!
OIl, Adlll!l1h,toil.~'
i . ijj~9. ~olll... ~~!Y'I
' . verni1"emc.nte~.
" ~~?'NR;~.
f !fOG ~.M. ,
, ~\RESoLUTloN. OF THE
BQARD OFQ -
-~,e. .~
ttnrrli OJ
U2a2. FOR
~A:CT VAoRI
I:E~~ .'.5-KTO
~,:~~'1>~0~
tROPERTV ~O~Arl!O IN
PALM R1vERlNORES;
HE~IN"Af:-TR DE~
SeR aEq.IN. OLLlER
COU . rl,o~DA.
VA-2001'A'R~1'2232, John
Hamilton, -1ltR_resented
by MJchaetT..' Trancamt.
Esq.,requesting a 3.t~.
foot1 after.thiI:.fact Vari-
anc~from the 1.S-f9ot
S~d setback re~
q.. nt. The +j- 0.13.
actI.. contains aaln-
m.fIro.1I Iy dwelling with
i:Uji~ side YIl'4.sit-
b.,~ IJOn.Q .Its_nortb"
east..-", bquJl(tatj;,7he
gil~li!
~~F1~~\'
1"A1I_vMh.
a:' .!i.gj!
.t on of the agerida
Item to be addr'essed.
Indrvldual speakers will
be t1mlted to 5 mlJlutes
on lm'f'I~ seTt!e--
tlon of~l"dMdual to
sp8l!k.n. behalf of an
"""'rllUtIQl1 or group Is
encou.r~.lfreCOg.
nlzed'ltY,'the Chair, a
spoke-.p.rsOl'l for a
group Or organization
may be allotted 10 min-
utes to speak on an
leem. '
17lJ
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 7
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
ex tion of the Chairman's si sture, draw a line thrall h routin lines #1 thrau #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
List in routin order
1.::su
2.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the BCe office only after the BCC bas acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
J..
Yes
(Initial)
N/A (Not
A licable)
6. Minutes and Records
Clerk of Court's Office
~
~
rot
Phone Number
Agenda Item Number
-VI
Number of Original
Documents Attached
I: Forms/ County Forms/ BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval ofthe
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified, Be aware f our deadlines!
The document was approved hy the BCC on (enter date) and all changes
made during the meeting have heen incorporat d i the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licahle.
2,
3.
4.
5.
6.
~-.-_. ___-.____. _,___ _u__,_______.,_,=_______ ___,.~_________~__..
MEMORANDUM
Date:
January 30,2008
To:
John-David Moss, Principal Planner
Zoning and Land Development Review
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-29
Enclosed please find one (I) copy of the document as referenced above,
(Agenda Item #17D), which was adopted by the Board of County
Commissioners on Tuesday, January 29, 2008.
If you have any questions, please call me at 252-7240.
Thank you.
Enclosure
1 '"(."
,i ilJ
,~
17D I'
RESOLUTION 2008 - 29
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2007-AR-I2232, FOR AN AFTER-THE-FACT
VARIANCE FROM THE REQUIRED 7.5-FOOT SIDE YARD
SETBACK TO PROVIDE A 3.6-FOOT SIDE YARD SETBACK
ON PROPERTY LOCATED IN PALM RIVER SHORES,
HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA.
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, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of an after-the-fact variance
of 3.9 feet from the required 7.5-foot side yard setback to provide a 3.6-foot setback, as shown
on the plot plan attached as Exhibit A, in the RSF-4 Zoning District for the property hereinafter
described, and has found as a matter of fact that satisfactory provision and arrangement have
been made concerning all applicable matters required by said regulations and in accordance with
Section 9.04.00 of the Zoning Regulations of said Land Development Code for the
unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled, and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that Petition V A-2004-AR-12232, filed by Michael T.
Traficante, Esq., representing John G. Hamilton, with respect to the property located at 85
Shores Avenue, Collier County, Florida, further described as:
Lot 46, Palm River Shores, according to the Plat thereof, recorded in Plat Book 3,
Page 27, of the Public Records of Collier County, Florida
Folio No. 65570960000
be and the same hereby is approved for an after-the-fact variance of 3.9 feet from the required
7.5-foot side yard setback to a 3.6-foot setback as shown on the plot plan attached as Exhibit A,
of the RSF -4 Zoning District wherein said property is located,
Page I of2
17D
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-
2004-AR-12232 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this d:!J- day of
./1
, 16~ ,2008.
:TTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER C UNTY, LORIDA
B~~~ .
Attl.!.;t u 1,;', ,,,M.,.~,, , DelJuty Clerk
sig,nalL;"; v{;!:~ \
By: .
Torn Henning, CHAIR AN
Appr
legal
and
Jeffrey . Kl kow
Managi g As i tant County Attorney
Page 2 of 2
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17E
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv", location, etc.)
**..***......******...**.***....**...***.....**.......*******...**......*...*******************.*****
Originating Dept! Div: Comm.Dev.8erv.lPlanning Person: Melissa Zone f23 Date: I (.41 0 ~
Petition No. (If none, give brief description): PUDZ.2005-AR-8416, Pezzetino Oi Cielo RPUD
Petitioner: (Name & Address): D. Wayne Arnold, AICP, Q. Grady Minor and Assoc. P.A., 3800 Via Del Rey, Bonita Springs,
FL 34134
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Richard D.
Yovanovich, 4001 Tamiami Trail North, Suite 300, Naples, FL 34103
Hearing before Bee
BZA
Other
Requested Hearing date:
January 29. ~008
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-2005-AR-8416, Distinctive Residential
Development at Livingston, LLC, represented by D. Wayne Arnold, Alep, of Q. Grady Minor and Associates, P.A. and
Richard Yovanovich, Esquire, of Goodlette, Coleman and Johnson, P.A., request a rezone from the Agricultural (A) zoning
district to the Residential Planned Unit Development (RPUD) zoning district for project known as Pezzettino Di Cielo
RPUD. The subject property, consisting of 17.15:1:. acres, is located on the east side of Livingston Road, approximately 4.5
miles north of Immokalee Road and 5 miles south of the Lee County Line, Section 12, Township 48 South, Range 25 East,
Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
R~ '-rh. ~ '&!o~
~ep~entHeoo D~e' I
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
**.**.****...*......***...*.............*.....*...**.......*..*..........*.****..............**.....*
FOR CLERK'S OFFICE USE ONLY:
Date Received: ~ Date of Public hearin8: ~ z.'i I 0 ~ Date Advertised: ~
17E
,~
ORDINANCE NO. 08-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM AN
AGRICULTURAL (A) ZONING DISTRICT TO A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) ZONING DISTRICT FOR THE PROJECT TO
BE KNOWN AS THE PEZZETIINO DI CIELO RPUD,
TO ALLOW CONSTRUCTION OF A MAXIMUM OF 43
RESIDENTIAL DWELLING UNITS ON PROPERTY
LOCATED IMMEDIA TEL Y EAST OF LIVINGSTON
ROAD AND APPROXIMATELY 4,5 MILES NORTH OF
IMMOKALEE ROAD (C.R. 846) IN SECTION 12,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 17,52+/-
ACRES; AND BY PROVIDING AN EFFECTIVE DATE,
WHEREAS, D. Wayne Arnold, AICP of Q, Grady Minor and Associates, P,A" and
Richard Y ovanovich. Esq., of Goodlette Coleman and Jolmson P .A., representing Distinctive
Residential Development at Livingston, LLC. petitioned the Board of COWlty Commissioners
to change the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 12,
Township 48 South, Range 25 East, Collier County, Florida, is changed from an Agricultural
(A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for a
project to be known as the Pezzettino Di Cielo RPUD. to allow construction of a maximum
of 43 residential dwelling units in accordance with the Pezzettino Di Cielo RPUD, attached
hereto as Exhibit "A," and incorporated by reference herein. The appropriate zoning atlas
map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County
Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
Page 1 of2
17E
PASSED AND DULY ADOPTED by super-majority yote of the Board of County
Commissioners of Collier County, Florida, this day of . 2008.
ATTEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, CHAIRMAN
, Deputy Clerk
Approved as to form
and legal sufficiency:
/
rfl' Marjorie M. Student-Stirling
Assistant COWlty Attorney
Page 2 of2
17E~~1
January 4, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-2005-AR-8416; Pezzettino Di Cielo RPUD
Dear Legals:
Please advertise the above referenced notice on Sunday, January 13, 2008, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O./Account # 113-138312-649110
NOTICE OF INTENT TO CONSIDER ORDINANCE
17E'
Notice is hereby given that on TUESDAY, January 29, 2008, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT
TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT
FOR THE PROJECT TO BE KNOWN AS THE PEZZETTINO DI CIELO RPUD, TO
ALLOW CONSTRUCTION OF A MAXIMUM OF 43 RESIDENTIAL DWELLING UNITS
ON PROPERTY LOCATED IMMEDIATELY EAST OF LIVINGSTON ROAD AND
APPROXIMATELY 4.5 MILES NORTH OF IMMOKALEE ROAD (C.R. 846) IN
SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 17.52 +/- ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
The Board will consider Petition PUDZ-2005-AR-8416, Distinctive
Residential Development at Livingston, LLC, represented by D. Wayne
Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard
Yovanovich, Esquire, of Goodlette, Coleman and Johnson, P.A., request
a rezone from the Agricultural (A) zoning district to the Residential
Planned Unit Development (RPUD) zoning district for project known as
Pezzettino Di Cielo RPUD. The subject property, consisting of 17.15
+/_ acres, is located on the east side of Livingston Road,
approximately 4.5 miles north of Immokalee Road and 5 miles south of
Lee County Line, Section 12, Township 48 South, Range 25 East, Collier
County, Florida.
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the county administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials includJt ~nfihe
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
January 4,2008
'-emmty of Collier
\~. ""
CLERK OF THE CIRCUJT COURT
COLLIER COUNTY Q:OURT'i'OUSE
3301 TAMIAMI 1(RAIL EAST
P,O. BO~ 413044.,
NAPLES, FLORIDA 'l~101-3044
.,
;7'
17E~~I~
'"of
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Q. Grady Minor and Associates, P.A.
D. Wayne Arnold, AICP
3800 Via Del Rey
Bonita Springs, FL 34134
Re: Notice of Public Hearing to consider Petition
PUDZ-2005-AR-8416: Pezzettino Di Cielo RPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the Board of
County Commissioners on Tuesday, January 29, 2008, as indicated on the enclosed
notice. The legal notice pertaining to this petition will be published in the Naples Daily
News on Sunday, January 13, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
J)~V:/
Martha Vergara, ~
Deputy Clerk U
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.coIIier.fl.us
Fax- (239) 775-2755
Email-coIIierclerktiilclerk.coIIier.fl.us
Dwight E. Brock
Clerk of Courts
eounty of Collier
t_"
CLERK OF THE CIRCU!T COURT
COLLIER COUNTY d:OURT~OUSE
3301 TAMIAMI T;~IL EAsT
P,O, 80" 413044\
NAPLES, FLORIDA '-l1IO!-30<j4
*
17E
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 4,2008
Goodlette, Coleman, and Johnson, P.A.
Richard D. Yovanovich, Esq.
4001 Tamiami Trail North
Naples, FL 34103
Re: Notice of Public Hearing to consider Petition
PUDZ-2005-AR-8416: Pezzettino Di Cielo RPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the Board of
County Commissioners on Tuesday, January 29, 2008, as indicated on the enclosed
notice. The legal notice pertaining to this petition will be published in the Naples Daily
News on Sunday, January 13,2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
,...~
Martha Vergara
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.cIerk.coIlier.fl.us
Fax- (239) 775-2755
Email-colliercIerk(ii:cIerk.coIlier.fl.us
17E
Martha S. Vergara
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday, January 07,200810:25 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT57093.txt; PUDZ-2005-AR-8416 - Pezzettino Di Cielo RPUD
~l
~
B
ATTS7093,txt (231 PUDZ-200S.AR-841
B) 6 - Pezzettina,.,
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Martha s. Vergara
-"-~^._..~----_._.._~-_.._.._**-~---_.._-*-_..._--_."----_._._~._----
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Monday, January 07, 200810:31 AM
To: Martha S. Vergara
Subject: RE: PUOZ-2005-AR-8416 - Pezzettino Oi Cielo RPUO
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.comj
Posted At: Monday, January 07, 2008 10:25 AM
Posted To: Legals - NON
Conversation: PUOZ-200S-AR-8416 - Pezzettino Oi Cielo RPUO
Subject: PUOZ-200S-AR-8416 - Pezzettino Oi Cielo RPUO
Pam,
An ad for you...
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
1/7/2008
Page 1 of 1
17E
~.
17E
Th,Th,
~APLF.S DAILY NEWS
Publislied I)"d,
Naples. FL J-l-l()2
Affidavit of Publication
State of Florida
County or Collier
Before the undersigned they ser\'c as the authority. pcrsonalh
i1ppcarcd n, Lil!~lQ. \\110 Oil oalh says lliallllC\ .
sene, ;J~ the Assistant Corporale Sc~rclar~ oi' the ;\Iaplcs [);jj ly.
;1 daIi~ llC\\Spapcr published at Naples. in Collier COllllt\.
Flonda: distributed in Collier and Lee counties of florida: ihal
tile iJt!~lChcd copy or the adH~rlisillg. being:l
PLl1LICt'-JQTICl;
ill :h2 m;::tcr c:' !JLBLlC \iOTIC:E
was published ~11 said newspaper I time ill the issue
on Janu;lI;. 11'-1.20()X
\t'tiarl\ rUl1hcr_~ay" .01<11 the said \:apks lh;I\, :\<.'\\S is a Il<.'\\spapcr
pllhllSh<.'d .ll \dpks. \11 ~,I1J (\)111~'1 County, [-!orida. and that the said
11'.'\\ "I'::r'~' !u" 11":lcl"I\)],: h":CI1 c\lJ11illlW\I\h- pllhli~hcd in ~aid Cc\lli-::r
(\ll1l1!\ ;'1,\11 n:l, di"lihllkd in Colli..:!' and r ,cc ":ou111i..:~ or Florida,
"\c'!i d,',I'l,1 h;,~ I'c ';; ~1]lc:r..:d as sc'L:ond di1~S mail matic')" al 111(' P()st
ii' '-.:lpk~_:n \;\!c\ ((llli..:r C\ltl11t\_ Florida. I,ll' ~i p..:ril,d i,1 I
",',l' -~ "t pr..:':c-ll1l,; Ill..: iibt puhlicaliiJ!l \l(tl1..: attac'il~'d ~'()P' 01'
1,\ ..:niS-::.llknt~ al~d ,dfl<U!l Itlrth"r say" that h" has l1<.:ith.or paid nOl
!'L''Illh<:U ,111\ p"l~('1L Jlllll Ill' l.-""PU1,jJjOll allv dis";OllllL rdlal..:
,"'111lnls'-.W!l Ill' )""lilIH1I'(11- th" purpose 01 -.;e":lIrin:\ lhi~ :1<11 '~rtis"nKl~l iOI
l',olhlk,daJ'1 11111... ",lli"\\~P"P~'1 -
L_v\
( Slgnalure Or ar~;~lt') , - ---
S\\orn to ami sub';cribed before lIIe
IJlis I~:i
iJa,():'II'illll',;::';'-'';
()ud-I,h C\u,~
(Sig;~ire OrllWr~ p-I~\Lc) --
1-'1 I ':;9-2:,'X327
li~-;r.~:'fV;;:d~
\~5" Q',~;J
.,..~"",
"..,o'f,i'"
JUDY JANES
Commission DO 675029
Expires May 16. 2011
Bonillld Thr~ Troy f~,n :n3uTilP':t! 80(1 .ltlS.!{l!9
(, ..~.teJ€t
m t",'
T 11'''-.
, Or . . the 'oar,. of
CO)ln~'commlnJoner.
INUl consider the MI8Ct~
mentoJ. a cO'unty ,OrCA-
...., The- ","_.wlll
...........e at g,OO A.M.
t,h, ttne arthe ,'pro.
=:ordlnanc~ IS'~
AN ORDINANCE cW'f~
SOARD OF COUNTY
COMMISSIONERS OF
COLLIER COuNTY
FLORID~, AMENDING
ORDINANCE NUMBER
2004.41, AI_ AMiNOEO,
THE COLLIER COUNTY
LAND DEVELOPMENT
coOE, WHI<:H ESTA8.
l-1SHl:O ttlt COMPAE-
t'Ir,~~f l&:''t'H''.=:
tORPORATED AREA OF
COI.L1ER COUNTY,
'!.<lIIlOA 8Y .AMEHOt.ND D
THE M'fI II'IlIATt'_
lNG_ AT~S . l.ofA'PO'R
MAPS BY CHANIUN"
THE. ZONING Cl.A$SlFI-
CATION OF 1m H!IIElN
DESCRrBED RiAL I'IlOp.
i!\!Tttt F~~"ft_.N.."
_&I TOeA .
TlALPl.Art....,!ii. .
VUOPMENT <Ul>D)
tONING DISTR'lt...l'Oll
THE PllOiECT .n
KNOWN AS THE !T'
Tl/IO III Cl&LO llPUD, TO
AI.L~WCO'NSTRUCT10N
F, MAXIMUM OF 43
~ES DENnA-LDWELLING1
UNfrS ON PROPERTY LO-
CATED /MII. EDIATELY
VST OF LIVIN"STlI1O
-ROAD AND' A-PPROXI~
MATELY .~5.MILE$'
NORTH Of OllALU
ROAD (C.R. lHQ.-,
TION 1:1:1. "II'
SOUTH,' . _ ,
COLLIE COUNTY
FLORIDA., CONSISTING
OF lr,ult/- A~~ANO
BY PAO~IOtN~VAN~'.
FE~~'IL
~~.. wnilio.
fl. 1 i..' ... i .,t
Llvn ... QIjL...'.
bY"",.
OQril.AlCl!.~
Minor anii' ss
P.A. and lItl r'a.
novlch. E,,,~..u~~'..21
~,~
....... from lI1eAllt'tcW.
tural' (~)zor1tr)O dIW1Ct.
!.l' .hed Re,S=d.n lal
co"""e Unl' D 10.'
ment (RPUDll' 'dfI.
t-rlct tor proj~f(hown
asPez;J;ett1rto .Dt'.CleIO
_ The su*", ""'..
e~i'conslsttng of: 17.15
+/- :acres. Is 10cItd.. on
lhe.... slde Of""'",,'
st1il'n'.Road, . app_roxl-
mIlte".4,5 m_"es~ ~rth
Of JmmokaJee' Ral 'and
5 mtles south 0 . . Lee
County LIne;' 12,
Tawn.hl~,,:48SQ\lth,
Rant' 25 ta,t,-ColUer
~,J:IOrida.. :
, :<11
!i2!ll~ of u.. ",_,
;;,m;"ft\!;'ci~ ~~..III:.
BOard and .... available
l'<>1'1~AU/n"'"
~~~d
N01E'....'~ wlall-
Ingto s~eak an any
agenda Rem must regt,.
terwlth ttMi CO'unty ad-
minIStrator '.DrIo. r to' pre-
sentatlonijf ttte:. agenda
Item to, .,.'.~t~:sed.
IndlvldUattipe will
be limited to . 5 minutes
on any Item. The selec-
tion of. an .lnd,lvld~al to
speak.onbehallof an
.oroan1tatk;I"orp '~" Is
encouraged. I recog-
nized by the Chairman,
. .spokesPe:fJOn for' a
Q,rl)UP or Qf'~nI1-ltlO'n
'may 'be 811~ 10rmn-
utesla spe,kon,:an
hem.
...ns wlthNlg tollev,
written "oruraphk .....
Wria" IRt;l.\,Idtid In ,tnt,
Board ~. pack.ts
must submit slid ,ma-
te-rtal.. a' ffJlnlmlim of 3
weeks prtottQ there.
spectlve pubne hearing.
In any case. written ma.
terlals Intended to' be
consIdered by the Board
shaH be- submitted to
the apprqJIJI&te County
$taffa.~Qfsev.
en days-,''fI.rl9rto the
public hearlfllJ. At! ma-
terial u~. In presenta-
tlO'ns befo"*. the. Baard
~~<;r:..~~a-
;J; ""'-'" ',-..
:.:.,:,Any pefs.onlNhQ deci~es
to ap.a"'. de::lsI!!!> of
!!.!t.90ar~"_~
~'fle?~/~g.~=. .ad
theretbretmay,..-to
e....,.. tIla. . vor-
record afthe proceed-
Ings Is made. which re-
cord Include, the'tdtI-
. mony ~nd evld-."ce
""on wl\l<:h lhealOl>...1
IS based,
BOARD 'oiC0 U-NTV' ,
COMMISSiONERS
COLLUfI .COUNTY,
FLPRlDA
=r COLETTA.CHAtR-
J)WlGHT E. BROCK.
CLERK
BY: Martha Vergara,
rst...'fl'c'art<
Jan. 13 NO. 1'655634
17E
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Otlicc. The completed routing slip and original
documents are to be forwarded to the Board Office onlY!!!k!: the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si nature, draw a line thrau h routin lines # I thrall #4, com lete the checklist, and forward to Sue Filson line #5)
Route to Addressee(s) Office Initials Date
List in routin order
I. Marie Student-Stirling
CAO
i"'l\"l !r"V
\\ ~0'6
'/~ t)(
2.
3,
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chainnan's signature are to be delivered to the BCe office only after the Bee has acted to approve the
item.)
Name of Primary Staff Melissa Zone Phone Number 252-2958
Contact
Agenda Date Item was 1-29-08 Agenda Item Number 17t
Aooroved bv the BCC
Type of Document Ordinance lI,,.,.{ r<.PilV Number of Original ~~ t:.J/2d ,~-.'", CY.I::-
Attached Documents Attached --7J .I<i~
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, ere, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chainnan's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified, Be aware of our deadlines!
The document was approved by the BCC on /',;/'1 {J,.;;' (enter date) and all chan s
made during the meeting have been incorporated in the attached document. The
Count Attorne '5 Office has reviewed the chan es, if a Iicable.
.,
Yes
(Initial)
N/A(Not
A licable)
. ;./
tn'-')
2.
3,
4.
5,
6.
I: Forms! County Forms! BCC Fonns! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
February 13, 2008
To:
Melissa Zone, Principal Planner
Zoning and Land Development
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-06
Enclosed, please find a copy of the document referenced above, (Agenda Item
#17E), which was adopted by the Board of County Commissioners on
Tuesday, January 29, 2008.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure
J7E
MEMORANDUM
Date:
February] 3, 2008
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-06
Attached, please find one (1) copy of the document referenced above (Agenda
Item #17E), as approved by the Board of County Commissioners on Tuesday
January 29, 2008.
lfyou should have any questions, please call me at 252-84] 1.
Thank you.
Enclosure
17E
t'lE
ORDINANCE NO. 08-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UN IN CORPORA TED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRffiED REAL PROPERTY FROM AN
AGRICULTURAL (A) ZONING DISTRICT TO A
RESIDENT1AL PLANNED UNIT DEVELOPMENT
(RPUD) ZONING DISTRICT FOR THE PROJECT TO
BE KNOWN AS THE PEZZETTINO DI CIELO RPUD,
TO ALLOW CONSTRUCTION OF A MAXIMUM OF 43
RESIDENTIAL DWELLING UNITS ON PROPERTY
LOCATED IMMEDIATELY EAST OF LIVINGSTON
ROAD AND APPROXIMATELY 4.5 MILES NORTH OF
IMMOKALEE ROAD (C.R. 846) IN SECTION 12,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 17.52+/-
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., and
Richard Y ovanovich, Esq" of Goodlette Coleman and Johnson P.A., representing Distinctive
Residential Development at Livingston, LLC, petitioned the Board of County Commissioners
to change the zoning classification of the herein described real property,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 12,
Township 48 South, Range 25 East, Collier County, Florida, is changed from an Agricultural
(A) Zoning District to a Residential Planned Unit Development (RPUD) for a project to be
known as the Pezzettino Di Cielo RPUD, to allow construction of a maximum of 43
residential dwelling units in accordance with the Pezzettino Di Cielo RPUD, attached hereto
as Exhibit "A," and incorporated by reference herein. The appropriate zoning atlas map or
maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
Page I of 2
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PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this dWI1 day ofSonL{ (I (j ,2008.
ATTEsn,' ,J;"I'
DWMHT E. BROrx, CLERK
,-, -". .')..
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By:, ' -,,'. .
Attest n tctCblll'..'{Sc. Deputy Clerk
S1CJl1dturt 011 fi(. Di; ;,\,'
BOARD OF COUNTY COMMISSIONERS
COLLIER CO NTY, F ORillA
Approved as to form
and legal sufficiency:
~,.. In .iJtL(.("'t.--~
Marjo M, Student-Stirling
Assistant County Attorney
Page 2 of 2
17E
PEZZETfINO DI ClEW RPUD
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE PEZZETIINO
or CIELO RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
Distinctive Residential Development at Livingston, LLC
Mr. Steve Fiterman
1845 Trade Center Way
Naples, FL 34109
PREPARED BY:
Richard V, Yovanovich, Esq.
Goodlette, Coleman and Johnson, P.A.
4001 North Tamiami Trail, Suite 300
Naples, FL 34103
Q. Grady Minor and Associates, PA
3800 Via Del Rey
Bonita Springs, FL 34134
239-947-1144
Exhibit A
DATE REVIEWD BY CCPC December 6.2007
DATE APPROVED BY BCC ~~"~ ~'l, ~~
ORDINANCE NUMBER 20 - o{p
AMENDMENTS AND REPEAL 2.00/.-4
TABLE OF CONTENTS
PAGE
SECTION I PROPER1Y OWNERSHIP & DESCRIPTION 3
SECTION II RESIDENTIAL AREAS PLAN 5
SECTION III CONSERVATION / PRESERVE AREA 7
SECTION IV DEVELOPMENT COMMITMENTS 8
SECTION V DEVIATIONS FROM THE LDC 11
LIST OF TABLES AND EXHIBITS
TABLE I DEVELOPMENT STANDARDS
EXHIBIT A RPUD MASTER PLAN
6
2
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17E
SECTION I
PROPERlY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the exIsting conditions of the property proposed to be
developed under the project name of the Pezzettino Di Cielo RPUD.
1.2 LEGAL DESCRIPTION
The subject property being +/-17.52 acres is described as:
Tax Parcel 22 located in Section 12, Township 48 South, Range 25 East, Collier
County, Florida, described as:
The West 1/2 ofthe SW 1/4 of the SW 1/4 of the NE 1/4 of Section 12, Township
48 South, Range 25 East, LESS AND EXCEPT:
A perpetual easement to Collier County, F10rida for roads, utilities and
drainage easement over and across the West 50 feet thereof.
AND
Tax Parcel 9.1 more particularly described as:
Beginning at the Southwest corner of the SW 1/4 of the SW 1/4 of the NE
1/4 of Section 12 Township, 48 South. Range 25 East, thence North 660
feet to a point; thence East 162 feet to the POINT OF BEGINNING;
thence continue East 132 feet to a point; thence South 330 feet; thence
West 132 feet; thence North 330 feet to the POINT OF BEGINNING;
Subject to a road Right-of-Way over and across the North 30 feet thereof.
AND
The East 1/2 of the East 1/2 of the SW 1/4 of the SW 1/4 of the NE 1/4, less and
except the North 30 feet thereof, and
The West 1J2 of the East 1J2 of the SE 1J4 of the SW 1/4 of the NE 1/4, and
The West 1J2 of the East 1J2 of the SW 1/4 of the SW 1f4 ofthe NE 1J4, and
The West 1J2 ofthe SE 1J4 of the SW 1J4 ofthe NE 1J4.
AND
PARCEL ONE as described in O.R. Book 3103. Pg 2950
3
17E
The South thirty feet of the North ]/2 of the SW l/4 of the NE l/4 of Section 12,
Township 48 S, Range 25 E, Collier County, Florida, LESS AND EXCEPT the
East ]/2 ofthe East l/2 ofthe East 1/2 of the North 1/2 ofthe SW l/4 of the NE ]/4 of
Section 12, Township 48 South, Range 25 East.
All Located in Section 12, Township 48 South, Range 25 East, Collier County,
Florida.
1.3 PROPERlY OWNERSHIP
The subject property is under the ownership of:
Distinctive Residential Development at Livingston, LLC and Long
Bay Partners, LLC. Distinctive Residential Development at
Livingston, LLC has a contract to purchase the balance of the
property not under their ownership from Long Bay Partners, LLC.
The lands together make up the "' 17.52 acres covered by this
RPUD
1.4 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND
USES
A. The project Master Plan, including layout of streets and use of land for the
various tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan.
LAND USE 1YPE
Single-family, zero lot line
43 Dwelling Units
WATER MANAGEMENT
PRESERVE AREA
ROADS/ROW
DEVELOPMENT TRACTS
TOTAL:
+/- 2.20 acres
+/- 0.82 acres
+/- 1.99 acres
+/-12.~1 acres
+/-17,52 acres
4
17E
SECTION II
RESIDENTIAL AREAS PLAN
2.1 MAXIMUM DWELLING UNITS
The maximum number of dwelling units allowed within the RPUD shall be 43.
2.2 USES PERMITIED
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Principal Uses:
(1) Single family detached dwellings.
(2) Zero lot line detachcd dwellings.
B. Accessory Uscs:
(1) Customary accessory uses and structures, including private garages,
outdoor kitchen facilities, privacy walls (6' height) pavilions, fountains,
trellises, and other landscape features.
(2) Common recreation amenities. Such uses shall be visually and
functionally compatible with the adjacent residences which have the
use of such facilities.
(3) Essential services, water management facilities and other similar
facilities designed to serve the infrastructure needs of the RPUD.
2.3 DEVELOPMENT STANDARDS
Table I sets forth the development standards for land uses within the "R"
Residential District.
General:
(1) All yards and setbacks shall be in relation to the individual parcel
boundaries, except as otherwise provided,
(2) Tn no case shall the minimum setback be less than the required
landscape buffer width.
5
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TABLE I - DEVELOPMENT STANDARDS
"R" Residential Areas
Requirements
Minimum lot area
Minimum lot width
Minimum floor area
Minimum principal structure setbacks
. Front yard
. Front yard for side entry garage
. Side yard
. Rear yard
. Waterfront
. Preserve boundary
Minimum accessOlY strueture setbacks
. Front yard
. Side yard
. Rear yard
. Preserve boundary
Minimum distanee between principal struetures
Maximum height (zoned)
Single Family Zero Lot Line
5,000 square feet 5,000 square feet
50 feet' 50 feet 1
1,600 square feet 1,600 square feet
20 feet' 20 feet'
10 feet 10 feet
6 feet o and 10, or 5 feet3
10 feet 10 feet
20 feet5 20 feet'
25 feet 25 feet
SPS" SPS'
SPS' o feet'
5 feet o feet 7
10 feet 10 feet
12feet 10 feet
35 feet 35 feet
I Minimum lot width for cul-de-sac lots may be reduced by 20% provided the minimum lot area is
maintained.
, The distauce from the back of the sidewalk to the face of the garage door must be at least 23 feet to
allow room to park a vebicle on the driveway without encroaching into the sidewalk. Should the
garage be side-loaded, plans must ensure that parked vehicles will not interfere with pedestrian
traffic.
3 Where a zero foot yard option is utilized, the opposite side of the structure shall have a 10 foot
yard. Otherwise, a minimum 5 foot side yard shall be provided on each side.
4 Patios, pools, 6 foot privacy walls, fountains, trellises, landscape features, screen enclosures and
the like may encroach into the 10 foot yard and may attach to the adjoining dwelling provided an
easement is granted from the adjoining dwelling unit owner, In no case shall these elements
encroach into the lake maintenance easement.
5 Measured from control elevation.
, SPS = Same as Principal Structure,
7 Accessmy structures shall not be placed within lake maintenance easements or required landscape
buffers.
6
17E
SECTION III
PRESERVE AREA
3.~ PERMITIED USES
The RPUD Master Plan provides for .82 acres of preserve area which meets the
15% native vegetation preservation requirement. Minor adjustments may be
made to the boundaries of preserve areas based on permitting considerations
in accordance with the Land Development Code (LDC) and Growth
Management Plan (GMP).
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following and subject to permitting:
A Principal Uses and Structures
1. Passive recreational uses such as pervious nature trails or boardwalks
within the preserve areas, subject to LDC requirements. Fences may be
utilized outside of the preserves to provide protection to the preserves in
accordance with the LDC.
2. Water management detention and structures, excluding a perimeter berm.
a. Native vegetation retention area(s) used for water management
purposes shall mect the following criteria:
(1) There shall be no adverse impacts to the native vegetation being
retained. The additional water directed to this area shall not
increase the annual hydro-period unless it is proven that such
would have no adverse impact to the existing vegetation.
(2) If the project requires permitting by the South Florida Water
Management District, the project shall provide a letter or official
document from the District indicating that the native vegetation
within the retention area will not have to be removed to comply
with water management requirements. If the District cannot or will
not supply such a letter or other document, then the native
vegetation retention area shall not be used for water management
purposes.
3. Native preserves.
4. Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
(BZA) through the process outlined in the LDC.
'}
-~._--"~"--r---~_.._--
17E
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2 TRANSPORTATION
A. Nothing in any development order shall vest a right of access in excess of a
right in/right out condition at any access point. Neither shall the existence of
a point of ingress, a point of egress or a median opening, nor the lack thereof,
be the basis for any future cause of action for damages against the County by
the developer, its successor in title, or assignee.
B. The developer shall provide payment in lieu of the installation of sidewalks
on one side of the road per the requested deviation in Section 5.1 of this
RPUD in accordance with Section 6.06.02 of the LDC. The amount shall be
determined by utilizing FDOT's 2004 Transportation Costs as amended.
Payment in lieu of providing the sidewalk shall be required prior to approval
of plats and plans for the first phase of the project.
C. A temporary turn lanc shall be provided for the project prior to
commencement of on-site construction, and the permanent turn lane
improvements must be complete prior to the issuance of the first certificate
of occupancy (CO),
D. All traffic control devices, signs, pavement marking, and design criteria shall
be in accordance with the Florida Department of Transportation (FDOT)
Manual of Uniform Minimum Standards (MUMS), current edition, FDOT
Design Standards, current edition, and the Manual On Uniform Traffic
Control Devices (MUTCD), current edition. All other improvements shall be
consistent with, and as required by the Collier County's LDC, as amended.
E. Arterial-level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first CO.
F. Access points shown on the RPUD Master Plan are considered to be
conceptual. Nothing depicted on any such Master Plan shall vest any right of
access at any specific point along any property frontage. All such access
issues shall be approved or denied during the review of required subsequent
site plans, final plat submissions, or by an approved Developer Contribution
Agreement (DCA). All such access points shall he consistent with thc Collier
County Access Management Policy (Res. No. 01-247), as it may be amended
from time to time, and with the Collier County Long Range TranspOltation
Plan. The number of access points constructed may be less than the number
depicted OIl the Master Plan; however, no additional access points shall be
considered unless a PUD amendment is approved.
8
17E
G. Site related improvements (as opposed to system related improvements)
necessary for safe ingress and egress to this project, as determined by Collier
County, shall not be eligible for impact fee credits, All required
improvements shall be in place and available to the public prior to
commencement of on-site consh'uction.
H. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Res. No. 01-247), as it may be
amended, and the LDC, as it may be amended. Collier County reserves the
right to close any median opening existing at any time which is found to be
adverse to the health, safety, and welfare of the public. Any such
modifications shall be based on, but not limited to, safety, operational
circulation, and roadway capacity.
1. All internal roads, driveways, alleys, pathways, sidewalks, interconnections to
adjacent developments shall be operated and maintained by an entity created
by the developer in accordance with the applicable regulations of the State of
Florida. Collier County shall have no responsibility for maintenance of any
such facilities.
J. If any required turn lane improvement requires the uSe of any existing
County rights-of-way or easement(s), then compensating right-of-way shall
be provided at no cost to Collier County as a consequence of such
improvement(s).
K. If, in the sole opinion of Collier County, a traffic signal, or other traffic
control device, sign, or pavement marking improvement within a public
right-of-way or easement is determined to be neceSS31Y, the cost of such
improvement shall be the responsibility of the developer, his successors or
assigns. The improvements shall be paid for or installed, at the County's
discretion, prior to the issuance of appropriate corresponding CO,
4.3 ENVIRONMENTAL
A. Soil testing for contaminants including chlorinated hydrocarbons,
organophosphates and total petroleum hydrocarbons must be performed
prior to final residential development order approval.
4.4 WATERMANAGEMENT
A. The storm water shall not be discharged into the preserve area until it has
been fully treated in accordance with Collier County and Water Management
District standards.
9
--_.,..._~_._----
4.5 AFFORDABLE HOUSING
A. The developer shall contribute $1,000 to the Collier County Affordable
Housing Trust Fund for each residential dwelling unit constructed within the
project. This sum shall be paid prior to the issuance of the CO for the
residential unit. The $1,000 contribution for each residential unit shall be a
credit against any affordable housing fees that may be adopted by the County
which may be applicable to this project.
10
17E
SECTION V
DEVIATIONS FROM THE LDC
5.1 DEVIATIONS FROM LDC
A. Right-of-Way Width:
The developer requests a reduction in the width of a local roadway right-of-
way from sixty feet (60') as shown in Appendix B of the LDC to forty feet
(40') as shown in attached Exhibit A.
B. The developer requests a deviation from Appendix B of the LDC which
requires a 5 foot wide sidewalk to be located on both sides of a local street to
permit a 5 foot wide sidewalk to be located on one side of the local street.
C. The developer requests a deviation from Section 22-112 of the Collier County
Code of Laws and Ordinances to permit development excavations to be a
minimum of 20 feet from a property line with protective barriers.
D. The developer requests a deviation from Section 6.06.01 of the LDC, to
permit the cul-de-sac to exceed 1,000 feet in length as shown on the Master
Plan. A vehicle turnaround meeting local fire district standards shall be
provided.
11
17E
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2008-06
Which was adopted by the Board of County Commissioners on
the 29th day of January 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st day
of January 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to-Hoard,of
County comm,:i,lil'iJiorien(:',
/"}..--A. "~2 " -'_
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By:Martha Vergara, .
Deputy'Clerk
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17E