Backup Documents 03/11/2008 R
Board of
County
Commissioners
Regular Meeting
Backup Documents
March 11, 2008
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
March 11, 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 PRESENT A TION 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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March 11,2008
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 VERBA TIM 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 AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor lR, Pagan, International Worship Center
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended, (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted with changes - 5/0
B. February 5, 2008 - BCC/LDC Meeting
Approved as Presented - 5/0
C. February 12, 2008 - BCC/Regular Meeting
Approved as Presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS
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March 11,2008
A. Proclamation designating Thursday, March 13,2008 as Adria D. Starkey
Day, to be accepted by Dr. Jeff Allbritten, President, Collier Campus Edison
College.
Adopted - 5/0
B. Proclamation recognizing the Collier County Government Facilities
Management Department for their efforts and innovative techniques to
becoming "green". To be accepted by Ann Simpson and Damon Gonzales of
Facilities Management.
Adopted - 5/0
C. Proclamation designating March 12,2008 as Platinum Well Workplace
Award Day. To be accepted by Marilyn Hamachek, Collier County Wellness
Nurse.
Adopted - 5/0
D. Proclamation designating the week of March 16-22,2008 as Florida
Surveyors Week. To be accepted by Marcus Berman and David Hyatt.
Adopted - 5/0
E. Proclamation designating March 8, 2008 through March 15,2008 as Panther
Awareness Week. To be accepted by Lisa Ostberg from the Friends of the
Florida Panther Refuge.
Adopted - 5/0
F. Proclamation recognizing the partnership between CHS-FSU and the Isabel
Collier Read Medical Campus for their contributions to the health care needs
of rural, elderly and other underserved populations. To be accepted by Steve
Weinman, Executive Vice President/COO ofCHS Healthcare.
Adopted - 5/0
5. PRESENTATIONS
A. Presentation of the Advisory Committee Outstanding Member Award for
February 2008 to Willis P. Kriz of the Conservation Collier Land
Acquisition Advisory Committee.
Presented
B. Recommendation to recognize Jack Najjar, Emergency Medical Technician,
Bureau of Emergency Services, as Employee of the Month for Feb., 2008.
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March 11,2008
Presented
C. The American Heart Association would like to honor citizens who,
throughout the year, have made a significant difference in the outcome for
victims of sudden cardiac arrest.
Presented
D. Presentation by Paul Mattausch, Director, Water Department for the results
of the Naples Women's Club Water Days Experiment to be followed by
Commissioner Coyle reading the names of the students who are winners in
the 5th grade elementary school competition random drawing.
Presented
6. PUBLIC PETITIONS
A. Public petition request by Richard L. Heers, I-HOPE, Inc., to discuss refund
of permitting/licensing costs.
To be brought back and placed on a future BCC Agenda - Consensus
B. Public petition request by William Klohn to discuss adoption of a "Project
Specific" Impact Fee Deferral Program for Fountain Lakes Residential
Cooperative. (Companion Item to IOD)
Discussed
C. Public Petition request by Mr. Kris Dane to discuss road impact fees for
Calusa Island Marina.
Motion to approve w/stipulations that will be outlined on the March 25,
2008 BCC Consent Agenda - Approved 5/0
Item 7 and 8 to be heard no sooner than 1:00 l1.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item has been continued to the April 22, 2008 BCC Meetine. This
item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. CU-2007-AR-11394, The Corporation
of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints,
represented by Matthew Vasilevski of Wedding, Stephenson, and Ibarguen,
Architects, Inc. proposing a Conditional Use allowed per LDC Section
2.04.03 of the Commercial Professional and General Office Zoning District
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March 11,2008
with a SR29 Commercial Subdistrict Overlay (C-I-SR29-COSD) for
Church/Place of Worship. The 16.747 acres Commercial Professional and
General Office Zoning District with a SR29 Commercial Subdistrict Overlay
(C-l-SR29-COSD) zoned site permits religious facilities as a conditional
use. The subject property is located at 635 State Road 29, in Section 32,
Township 46 South, Range 29 East, Immokalee, Collier County, Florida.
Motion to remand this item back to the CCPC for additional review -
Approved 5/0
8. ADVERTISED PUBLIC HEARINGS
A. This item has been continued from the Februarv 26, 2008 BCC meetine.
This item reauires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Petition: PUDZ-2006-
AR-l 0 l7l Eastbourne Bonita, LLC, represented by Laura Spurgeon, of
Johnson Engineering, Inc., and Patrick G. White, Atty. of Porter, Wright,
Morris & Arthur, LLP., requesting a rezone from the Agricultural (A) and
Special Treatment (ST) Overlay Zoning District to the Residential Planned
Unit Development (RPUD) Zoning District for project known as Brandon
RPUD, for the development of 204 single-family and multi-family
residential units. The subject property, consisting of 51.1 acres, is located on
the southeast corner of the intersection of Livingston Road and Veterans
Memorial Boulevard, Section 13, Township 48 South, Range 25 East,
Collier County, Florida.
Ordinance 2008-13 Adopted w/CCPC stipulations - 4/1 (Commissioner
Coyle opposed)
B. This item reauires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDZ-2007-AR-12248
Sabal Palm Development, LLC, represented by Robert L. Duane, AICP, of
Hole Montes, Inc. and Richard D. Yovanovich of Goodlette, Coleman, and
Johnson, requesting a rezone from the Agricultural (A) to the Commercial
Planned Unit Development (CPUD) Zoning District for project to be known
as Napoli Village. The +/-8.97- acre site is proposed to permit an adult
congregate living facility, comprising two four-story buildings. The subject
site is located east of Tamiami Trail North (US 41), west of Sterling Oaks
PUD, and north of the Community Congregational Church, at 15450
Tamiami Trail North, in Section 9, Township 48 South, Range 25 East,
Collier County, Florida.
Ordinance 2008-14 Adopted w/stipulations - 4/1 (Commissioner Coyle
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March 11,2008
opposed)
9. BOARD OF COUNTY COMMISSIONERS
A.
B.
c.
D.
E.
Added
F.
Appointment of member to the Contractors Licensing Board.
Resolution 2008-61: Appointing Thomas Lykos - Adopted 5/0
Appointment of member to the Emergency Medical Services Advisory
Council.
Resolution 2008-62: Appointing Terry Charles Heath - Adopted 5/0
Request for reconsideration for MPP Shoreline Calculations, Item #2B was
heard at the February 19,2008 LDC Amendment Meeting. (Commissioner
Coyle)
Reconsider the MPP Shoreline Calculations - Approved 3/2 and to be
brought back to the April 8th BCC Meeting (Commissioner Henning
and Commissioner Coletta opposed)
Appointment of member to the Habitat Conservation Plan Ad Hoc
Committee.
Resolution 2008-63: Appointing Antonios H. Kokkinos - Adopted 5/0
Discussion regarding County Attorney interview process.
Develop a process for the interviews and applicants should be scheduled
from 8AM to 5:30PM - Discussed
Board discussion regarding the potential re-vote of the Presidential primary
and the costs associated to the Collier County Budget (Commissioner
Henning)
Chairman to send a letter from, the Board to the House Speaker and
Governor regarding the Boards dissatisfaction of unfunded mandates
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 11 :00 a.m. To review the written and oral reports
of the Advisory Boards and Committees scheduled for review in 2008 in
accordance with Ordinance No. 2001-55. Advisory Boards: Animal Services
Advisorv Board. Collier County Code Enforcement Board. Contractors
Licensing Board. and Golden Gate Beautification Advisory Committee.
Page 6
March 11,2008
(Mike Sheffield, Assistant to the County Manager)
Motion to approve as the Boards serve a valid service to the public and
to accept the reports - Approved 5/0
B. Recommendation to approve the Southwest Florida Consortium 2008 State
Legislative Priorities which will be presented by participating County
Commissioners in the Consortium to their respective Legislative Delegation
members in meetings, April 2, 2008 in Tallahassee. (Debbie Wight,
Assistant to the County Manager)
Priorities need clarifications from staff and to continue to refine list of
priorities - Approved 4/1 (Commissioner Henning opposed)
C. Recommendation to approve Work Order #SCD-FT-3850-08-03,
Courthouse 5th and 6th floor redesign, retroactive to the Notice to Proceed
date of January 18,2008, to Spillis Candela DMJM to provide for
architectural design services for the design of the 5th and 6th floors ofthe
Collier County Courthouse located at 3301 Tamiami Trail East in the
amount of$7l5,680. (Damon Gonzales, Facilities Manager)
Approved - 5/0
D. Obtain direction from the Board of County Commissioners on waiving the
requirements of Ordinance 2007-84 and on authorizing the Chairman to
sign, a commitment letter for MDG Capital Corporation (Developer) for
deferral of 100% of Collier County impact fees for 147 Community
Workforce Housing Innovative Pilot (CWHIP) program, owner-occupied
affordable housing units located at The Lords Way, mile east of the
intersection of Collier Boulevard and the Lords Way, Fountain Lakes
Residential Cooperative, Naples. (Frank Ramsey, SHIP Program
Coordinator) (Companion to Item #6B)
Motion to Deny - Approved 5/0
E. Recommendation to approve a $99,000 budget amendment for Fiscal Year
2008 to make up for a shortfall offunds as a result ofthe policy decision not
to implement a proposed fee collection structure for the Emergency
Management Department. (Dan Summers, Director, Emergency
Management)
Approved - 4/1 (Commissioner Coyle opposed)
F. Recommendation to adopt a resolution authorizing the acquisition by gift or
purchase of the fee simple interests necessary for the construction of
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March 11, 2008
stormwater retention and treatment ponds required for the expansion of
Randall Boulevard from Immokalee Road to DeSoto Boulevard. (Project
No. 60065.) Estimated fiscal impact: $2,400,000.00. (Norman Feder,
Transportation Services Administrator)
Resolution 2008-64 Adopted - 5/0
G. Recommendation that the Board of County Commissioners (BCC) consider
input provided by the Code Enforcement Board during their February 12,
2008 meeting, in response to the BCC's request for guidance concerning a
fair settlement amount relating to the release of the code enforcement lien
imposed against Robert Lockhart, in Case No. 2004-26, relating to property
located 1361 Lake Shore Drive in Collier County, Florida. (Michelle Arnold,
Director, Code Enforcement, CDES)
Motion to accept 50% of reduction of fines and payment of outstanding
impact fees - Approved 4/1 (Commissioner Halas opposed)
H. Recommendation to approve Contract #08-5011 to D.N. Higgins,
Incorporated; Kyle Construction Corporation; Quality Enterprises,
Incorporated; Mitchell and Stark Corporation; and Haskins, Incorporated, in
the estimated amount of $2,000,000 for underground contractor services.
(Pam Libby, Operations Manager)
Approved - 5/0
I. Recommendation to award Annual Contract #08-5020 to Southwest Florida
Mitigation LLC, Little Pine Island Mitigation Bank and Southwest Florida
Wetlands Joint Venture for Wetland Mitigation Credits and Southwest
Florida Wetlands Joint Venture for Panther Habitat Units. Bid No. 08-5020.
Projected Annual Expenditures: $1.5 Million. (Kevin Dugan, Project
Manager)
Approved - 5/0
J. This item continued from the Februarv 26, 2008 BCC meetin!! and is
further continued to the March 25, 2008 BCC meetin!!. Recommendation
to grant final approval of the roadway (private) and drainage improvements
for the final plat of Olde Cypress Unit One (Olde Cypress PUD). The
roadway and drainage improvements will be privately maintained. (Stan
Chrzanowski, Sr. Engineer, Engineering & Environmental Services
Department, CDES)
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March 11, 2008
Moved from Item #1611
K. MISCELLANEOUS CORRESPONDENCE
(Miscellaneous items to file for record with action as directed)
Motion to approve item except for Section #IB3 - Approved 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Request by the Collier County Health Facilities Authority for approval of a
resolution authorizing the Authority to issue revenue bonds for healthcare
facilities at Moorings Park. ($40 million) (Don Pickworth)
Resolution 2008-65 Adopted - 5/0
Moved from Item #16K2
B. A recommendation that the Board of County Commissioners adopt a
Resolution relating to accessory structures in the Estates (E) Zoning District,
which directs the County Manager, or designee, to apply the seventy-five
(75) foot rear yard setback requirement, to designate any accessory structure
that has received a Certificate of Occupancy prior to February 26, 2008, as
legal nonconforming, and to require Type B landscape buffering for any
accessory structure under active construction as of February 26,2008.
Motion to make Amendment to LDC - Approved 3/2 (Commissioner
Halas and Commissioner Henning opposed)
Resolution 2008-66 Adopted 4/1 (Commissioner Henning opposed)
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. This item to be heard at 10:30 a.m. Recommendation for the Collier
County Community Redevelopment Agency (CRA) to approve a Resolution
accepting the Cultural Needs Assessment Report and recommending the
BCC create by ordinance a Cultural District Boundary within the Bayshore
section of the CRA; authorize the CRA staff to continue to develop an
implementation package for the District; and return with recommendations
for approval. (David Jackson, Bayshore Gateway Triangle CRA)
CRA Resolution 2008-60 Adopted - 5/0
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March 11,2008
B. This item to be heard immediatelv followin!! Item #14A.
Recommendation for the Collier County Community Redevelopment
Agency (CRA) to authorize the creation and funding of a Full Time
Employee (FTE) position (Operations Coordinator) for the
Bayshore/Gateway Triangle area in FY08; recommend that the BCC
approve a Fund 187 FY08 Budget Amendment for the position; and
authorize the Executive Director to advertise the position as an internal
transfer for applicants from the County Manager agency and hire a qualified
applicant. (Fiscal Impact: $31,020 FY08) (David Jackson, Bayshore
Gateway Triangle CRA)
Approved - 5/0
C. This item to be heard immediatelv followin!! Item #14B.
Recommendation for the Collier County Community Redevelopment
Agency (CRA) to authorize the creation and funding of a Full Time
Employee (FTE) position (Project Manager) for the Immokalee area in
FY08; recommend that the BCC approve an ImmokaIee Fund (186) FY08
Budget Amendment for the position; and authorize the Executive Director to
advertise the position as an internal transfer for applicants from the County
Manager agency and hire a qualified applicant (Fiscal Impact: $35,181
FY08). (Penny Phillippi, Immokalee CRA)
Approved - 5/0
This Item to be immediately following Item #14C (Jim Mudd's recommendation)
D. Collier County Community Redevelopment Agency (CRA) selection of
Chairman and Vice Chairman for calendar year 2008.
Motion to keep Donna Fiala as Chairman - Approved 5/0
Motion to elect Jim Coletta as Vice-Chairman - Approved 5/0
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. County Manager - Letter to Florida Housing Finance Commission and
have chairman sign letter - consensus
B. County Manager - Having one meeting in November (18th) and two
meetings in December (2nd & 16th) because of holidays - consensus
C. County Attorney - Bayshore Beautification Committee would like to go
from 5 members to 7 members
D. Commissioner Coyle - Problem with boxcar location at Holocaust
Museum and motion made to donate flatbed trailer to the Southwest
Florida Holocaust Museum - Approved 5/0
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March 11,2008
E. Commissioner Coletta - Letter from Senator Nelson regarding
Townhall Meeting on the 3/26/08 to address the County's most pressing
issues - include illegal immigration
F. Commissioner Henning - David Weigel would continue to work during
the interim period with the condition that he will continue to work for
the County as an Assistant County Attorney - Commission to wait until
Attorney is hired before offering/making this decision and let David
Weigel know they need to speak with new county attorney before
making that decision. To discuss at workshop on March 18th.
G. Commissioner Coletta - regarding memo on dual office holdings on
Quasi-Judicial Boards
H. Commissioner Henning - Petitioner putting item on regular agenda and
also having it under public petitions
I. 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 w/Changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water utility
facility for Pebblebrook Commercial, Phase 4.
W /release of Utilities Performance Security
2) Recommendation to approve final acceptance of the water and sewer
utility facilities for City Gate Commerce Center.
W /release of Utilities Performance Security
3) Recommendation to approve final acceptance of the water and sewer
utility facilities for The Rookery at Marco Clubhouse.
W /release of Utilities Performance Security
4) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Bradford Lakes (Cypress
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March 11, 2008
Woods PUD) with the roadway and drainage improvements being
privately maintained.
Resolution 2008-55 W /release of Maintenance Security
5) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Cotton Green (Marco
Shores / Fiddlers Creek PUD), the roadway and drainage
improvements will be privately maintained by the Fiddlers Creek
Community Development District.
Resolution 2008-56 W /release of Maintenance Security
6) Recommendation to accept a Proposed Settlement Agreement
providing for Compromise and Release of Lien in the Code
Enforcement Action entitled Collier County vs. Ronald Freeman,
CEB Case No. 2005-26.
Folio #00153360008
7) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Grey Oaks Unit Eleven,
the roadway and drainage improvements will be privately maintained.
Resolution 2008-57 W /release of Maintenance Security
B. TRANSPORTATION SERVICES
1) Recommendation to approve an Agreement and accept a Drainage
Access and Maintenance Easement for the donation of property
required for the Bayshore Drive & Thomasson Drive Stormwater
Improvement Proj ect. Proj ect #51 1341.
For an agreement with Cirrus Pointe Partners, LLC
2) Recommendation to Award Collier County Bid #08-5042 Diesel
Powered Lowboy Tractor to Wallace Intemational Trucks. ($10 I ,997)
For repair and maintenance on County roadways and right-of-
ways within the Road Maintenance Department
3) Recommendation to award Contract(s) #08-5017, Annual Contract for
Countywide Exotic Vegetation Removal to the following firms:
Resource Restoration, Inc., Environmental Aquatic, Earth Balance
and Aquagenix. ($596,000 was spent in FY07)
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March 11,2008
Used for multiple projects without issuing individual RFP's
4) Recommendation for the Board of County Commissioners to approve
a budget amendment to move the remaining balance of $200,000 from
the Tropicana Boulevard Bridge Project (#60 I 62 I) to the Planning
Consultant Services Project (#601091) within the Transportation
Supported Gas Tax Fund.
For consultant services associated with evaluating land and DRI
traffic forecasts consistent with the East of 951 Horizon Study
5) Recommendation to approve a change order to Kraft Construction
Company, Inc. to move savings in the amount of$590,560.00 as a
result of value engineering to allowance line items amending contract
#07-4173 Gordon River Water Quality Park (Freedom Park) Project
No. 51018.
For engineering cost savings associated with civil, landscaping,
architectural, structural and site development
6) Recommendation to approve a change order in the amount of
$31,250.00 to Quality Enterprises USA, Inc. amending the St.
Andrews Blvd. Interconnect Stormwater Improvements Project
(Project No. 51140 I) construction contract.
For additional unforeseen construction services
C. PUBLIC UTILITIES
1) Recommendation to reject the result of Bid No. 08-5044, attained by
Professional Service Industries, Inc. to sample, analyze and report
data collected for the Golden Gate Groundwater Baseline Monitoring
Project.
Project will be re-bid to solicit more economical bid responses
2) Recommendation to approve work order #QE-FT-3535-08-03 in the
amount of$342,830.00 to Quality Enterprises USA, Inc., for the
installation of JWC Fine Screens at South Collier Water Reclamation
Facility (SCWRF) under Contract #04-3535, Annual Contract for
Underground Utility Contracting Services, Project #73961 and to
approve the necessary Budget Amendment, Project #72508.
To maintain compliance with Florida DEP permit conditions
especially during peak flow conditions; for a budget amendment
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March 11, 2008
in the amount of $109,364
D. PUBLIC SERVICES
1) Recommendation to accept funding from the 4-H Foundation Clubs,
Inc. in the amount of$38,000 for the 4-H Outreach Program managed
by the Collier County University of Florida/IF AS Extension
Department and approve a budget amendment in the amount of
$14,000.
To help fund a full time 4-H Outreach Coordinator position
Withdrawn
2) Recommend Approval of a Coastal Advisory Committee (CAC), Sub
Committee to evaluate Wiggins Pass Modeling and make
recommendations for consideration by the TDC and BCC. (This
committee is to be chaired by Heidi Kulpa from the CAC)
At no fiscal impact to the County
3) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a corrective lien agreement and
release of lien with Habitat for Humanity of Collier County, Inc.
(Developer) for deferral of 100% of Collier County impact fees for an
owner-occupied affordable housing unit located at Lot 130, Trail
Ridge, East Naples.
Deferring $19,372.46 in impact fees
4) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Soyla
Maria Cruz (Owner) for deferral of 100% of Collier County impact
fees for an owner-occupied affordable housing unit located at Lot 33,
Liberty Landing, lmmokalee.
Deferring $12,442.46 in impact fees
5) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Heather
Lynn Bugger (Owner) for deferral of 100% of Collier County impact
fees for an owner-occupied affordable housing unit located at Lot 36,
Liberty Landing, Immokalee.
Deferring $12,442.46 in impact fees
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March 11, 2008
6) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Arturo
Lara Lara and Beatriz Lara (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 32, Liberty Landing, Immokalee.
Deferring $12,442.46 in impact fees
7) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Doreen
Annette Saunier (Owner) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 53, Trail Ridge, East Naples.
Deferring $19,372.46 in impact fees
8) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jesus
Martinez and Irma Yadira Rodriguez (Owners) for deferral of 100%
of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 38, Liberty Landing, Immokalee.
Deferring $12,442.26 in impact fees
9) Recommendation to approve an amended proposal for Disaster
Recovery Initiative Supplemental Grant funds to the Florida
Department of Community Affairs and to authorize signature
authority to the County Manager and designees to submit required
reports.
Proposed projects include hardening of homes, apartments,
homeless shelters, community shelters and for the purchase and
installation of generators
10) Recommendation to reject Bid #07-4098 for the Construction of new
Soccer Field at East Naples Community Park.
Bids are too costly for the project
11) Recommendation to approve a Florida Fish and Wildlife Conservation
Commission (FWC) Division of Marine Fisheries Management,
Artificial Reef Construction Grant Application in the amount of
$60,000.
For creating a minimum of three (3) new 320 ton artificial reefs
Page 15
March 11,2008
12) Present to the Board of County Commissioners a summary of the
Impact Fee Deferral Agreements recommended 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
E. ADMINISTRATIVE SERVICES
1) Recommendation to authorize the sale of Collier County surplus
property on March 29, 2008.
For property that is no longer of use to County Departments and
to obtain revenue for the County
2) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of January 25, 2008 through February 21, 2008
3) Recommendation to enter into an Agreement with the Sheriffs Office
for the use of inmate labor.
In an effort to save tax dollars
F. COUNTY MANAGER
1) Authorize all necessary budget amendments that memorialize the
Board of County Commissioner's decision on February 26,2008
(Agenda Item # !OF) to use General Fund Reserves to offset estimated
Emergency Medical Services Fund (490) transport revenue shortfalls
for the remainder ofFY08 and for FY09. The estimated FY08
shortfall is $2,237,200; General Fund (00 I) reserves for unfunded
capital requirements will be transferred to Emergency Medical
Services Fund (490) for the FY08 shortfall. Turn back of excess fees
from the Constitutional Officers from FY07 exceeded budgeted turn
back by $7,240,592. These excess fees will be appropriated and
$2,538,000 of that appropriation will be transferred to Emergency
Medical Services Fund (490) to offset the anticipated FY09 transport
fee revenue shortfall.
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March 11,2008
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) To have the BCC, acting in the capacity of the CRA, to review and
approve the 2007 Annual Report of the CRA required by Florida
Statue 163.356(3) (c), by March 31st and to direct the County
Manager or his designee to file the Annual Report with the County
Clerk and publish notice of the filing, as required by the Florida
Statutes.
As detailed in the Executive Summary
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement for
her annual membership to CREW Land & Water Trust serving a valid
public purpose; $25.00 to be paid from Commissioner Fiala's travel
budget.
2) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. She will be
attending the 4th Annual Freedom of the Press Luncheon,
Wednesday, March 12,2008 at the Naples Hilton; $30.00 to be paid
from Commissioner Fiala's travel budget.
Located at 5111 Tamiami Trail North
3) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. The
Commissioner attended the Girl Scout Cook-ie-OffFundraiser,
Sunday, February 17, 2008 at the Naples Beach Hotel & Golf Club;
$10.00 to be paid from Commissioner Fiala's travel budget.
Located at 851 Gulf Shore Boulevard North, Naples
4) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
Fiala attended the Friends of Collier Fashion Show, Saturday,
February 23,2008 at the Royal Palm Country Club; $55.00 to be paid
from Commissioner Fiala's travel budget.
Located at 405 Forest Hills Blvd, within the Lely Community
Page 17
March 11,2008
5) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. The
Commissioner attended the East Naples Civic Association Luncheon
on Thursday, February 21, 2008 at Carrabba's; $21.00 to be paid from
Commissioner Fiala's travel budget.
Located on Tamiami Trail East
6) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. The Commissioner attended the
Crystal Lake Resort Luncheon, March 3, 2008; $5 to be paid from
Commissioner Coletta's travel budget.
Located at 14960 Collier Boulevard
7) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. The Commissioner attended the
Hodges University Immokalee Site Open House, on Saturday, March
8, 2008; $15.99 to be paid from Commissioner Coletta's travel budget.
Located at 1170 Harvest Drive, Immokalee
Moved to Item #10K (Commissioner Halas)
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Request that the Collier County Board of County Commissioners,
Naples, Florida, authorize the publishing of one public hearing
regarding Sheriff Hunter's recommended Ordinance to establish a
policy for the collection of administrative registration fees for the
initial registration and re-registration of individuals required by
Florida Statute to register with the Sheriff as a career offender,
convicted felon, sex offender or sexual predator, and to place this
recommended ordinance on the Board's Summary Agenda.
As detailed in the Executive Summary
2) To obtain Board approval for disbursements for the period of
February 16,2008 to February 22,2008 and for submission into the
official records of the Board.
Page 18
March 11,2008
3) To obtain Board approval for disbursements for the period of
February 23,2008 to February 29,2008 and for submission into the
official records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to accept an Offer of Judgment in the amount of
$16,000 for the taking of Parcel No. 143 in the lawsuit styled Collier
County v. Charles R. Wilson, et aI., Case No. 02-5 I 64-CA
(Immokalee Road, Project No. 60018). (Fiscal Impact: $4,521.00)
Moved to Item #12B
2) A recommendation that the Board of County Commissioners adopt a
Resolution relating to accessory structures in the Estates (E) Zoning
District, which directs the County Manager, or designee, to apply the
seventy-five (75) foot rear yard setback requirement, to designate any
accessory structure that has received a Certificate of Occupancy prior
to February 26, 2008, as legal nonconforming, and to require Type B
landscape buffering for any accessory structure under active
construction as of February 26, 2008.
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 bv Commission members. V A-2007-AR-12629,
Sara De La Rosa is requesting an after-the-fact Variance of 2.3 feet to permit
the encroachment of a single-family dwelling into the required 3D-foot front
yard setback area of the Residential Single Family (RSF-3) Zoning District.
Page 19
March 11,2008
The 0,36-acre subject property is located at 1201 Camellia Avenue, Lot 24,
Block C of the Immokalee Highland Subdivision, in Section 33, Township
46, Range 29, of Collier County, Florida
Resolution 2008-58
18. ADJOURN
Approved - 5/0
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 20
March 11, 2008
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
March 11. 2008
Item 7 A: The first sentence in the title should read: "This item has been continued to the April
22, 2008 BCC meeting, and by approving the continuance at the petitioner's request, the BCC is
also remanding item back to the CCPC for rehearing." (Staff's request.)
Add on Item 9F: Board discussion regarding the potential re-vote of the Presidential primary and
the costs associated to the Collier County Budget. (Commissioner Henning's request.)
Withdraw Item 1602: Recommend approval of a Coastal Advisory Committee (CAC), Sub.
Committee to evaluate Wiggins Pass Modeling and make recommendations for consideration by
the TDC and BCC. This committee is to be chaired by Heidi Kulpa from the CAC. (Staff's
request.)
Move Item 16K2 to 12B: A recommendation that the Board of County Commissioners adopt a
Resolution relating to accessory structures in the Estates (E) Zoning District, which directs the
County Manager, or designee, to apply the seventy-five (75) foot rear yard setback requirement, to
designate any accessory structure that has received a Certificate of Occupancy prior to February
26, 2008, as legal nonconforming, and to require Type B landscape buffering for any accessory
structure under active construction as of February 26, 2008. (Commissioner Coletta's request.)
Time Certain Items:
Item 10A to be heard at 11 :00 a.m. To review the written and oral reports ofthe Advisory Boards
and Committees scheduled for review in 2008 in accordance with Ordinance No. 2001-55.
Advisory Boards: Animal Services Advisory Board, Collier County Code Enforcement Board,
Contractors Licensing Board, and Golden Gate Beautification Advisory Committee.
Item 14A to be heard at 10:30 a.m. Recommendation for the Collier County Community
Redevelopment Agency (CRA) to approve a Resolution accepting the Cultural Needs Assessment
Report and recommending the BCC create by ordinance a Cultural District Boundary within the
Bayshore section of the CRA; authorize the CRA staff to continue to develop an implementation
package for the District; and return with recommendations for approval.
Item 14B to be heard immediatelv followinQ 14A: Recommendation for the Collier County
Community Redevelopment Agency (CRA) to authorize the creation and funding of a full time
employee (FTE) position (Operations Coordinator) for the BayshorelGateway Triangle area in
FY08; recommend that the BCC approve a Fund 187 FY08 Budget Amendment for the position;
and authorize the Executive Director to advertise the position as an internal transfer for
applicants from the County Manager agency and hire a qualified applicant. (Fiscal Impact:
$31,020 FY08).
Item 14C to be heard immediatelv followinQ 14B: Recommendation for the Collier County
Community Redevelopment Agency (CRA) to authorize the creation and funding of a full time
employee (FTE) position (Project Manager) for the Immokalee area in FY08; recommend that the
BCC approve an Immokalee Fund (186) FY08 Budget Amendment for the position; and authorize
the Executive Director to advertise the position as an internal transfer for applicants from the
County Manager agency and hire a qualified applicant (Fiscal Impact: $35,181 FY08).
,: 4A
PROCLAMATION
WHEREAS, Adria D. Starkey has provided exceptional leadership, loyalty and
dedication for advancement opportunities for the community in
education, health care, and the arts: and,
WHEREAS, she has served in leadership, philanthropy and advocacy roles in
educational endeavors including The University of Florida's Harn
Museum National Council, Collier County Education Foundation
Board, Florida Gulf Coast University Foundation Board, and The
Community School of Naples Board: and,
WHEREAS, Adria D. Starkey has served as Chairman of the Economic
Development Council of Collier County: and,
WHEREAS, being a part of the Southwest Florida Regional Planning Council and
the Naples Area Chamber of Commerce, she forged strong bonds
with members in the community: and,
WHEREAS, Adria D. Starkey has provided strong commitment and dedication
to youth advancement organizations including Southwest Florida
Junior Achievement and the Boys and Girls Club, Inc.: and,
Whereas, she was the 2004 recipient of The Greater Naples American
Association of University Women "Women of Achievement" Award
for her hard work and dedication to educate and support women in
the workforce: and,
Whereas, she currently serves as a Trustee to the Naples Children and
Education Foundation and the Shelter for Abused Women: and,
Whereas, the Board of County Commissioners is pleased to offer a special
tribute to Adria D. Starkey, whose vision and effort on behalf of
Collier County merit the recognition and gratitude of our citizens.
NOW, THEREFORE, be it proclaimed by the Board of County Commissioners of
Collier County, Florida, that Thursday, March 13, 2OOS, be
designated as
Adria D. Starkey Day
DONE AND ORDERED THIS 11th Day of March, 2OOS.
BOARD OF COUNTY COMMISSIONERS
COUIER COUNTY, FLORIDA
,
ATTEST:
4B
PROCLAMA TION
WHEREAS, Facilities Management is dedicated to creating better and safer environments by
maintaining the County's assets and planning for the future by looking at
environmental and social impacts that affect the County as a whole; and,
WHEREAS, Collier County Government realizes that only through effective resource management
can we utilize and take advantage of available and innovative strategies; and,
WHEREAS, Collier County - using these measures and educating citizens and employees - will
create healthier, more productive and enjoyable environments; and,
WHEREAS, to conserve water, Facilities Management has implemented such innovations as:
installing waterless urinals and low-volume toilets, aerotors on faucets; and investing
in the future by renovating the main complex irrigation system to achieve the use of
IQ water; and,
WHEREAS, to save resources, tM use of "greenU cleaning solutions and paper products has been
incorparoted in their daily janitorial service to County facilities; and,
WHEREAS, the "Turn It Ofr campaign is being implemented by Facilities Management to
encourage all employees in turning off lights, computers, work station accessories,
retrofitting lights with energy-efficient bulbs, and setting the thermostats to 76 0,
thus promoting tM efficient use of energy; and,
WHEREAS, "greenU initiatives, water-saving initiatives, and energy-saving initiatives are
implemented to protect and save the Earth; they equa/ly protect and save the
taxpayer.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County,
Florida, that the Facilities Management Department be recognized for their efforts
and innovative techniques to becoming "green':
DONE AND ORDERED THIS 11th Day of March, 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
ATTEST:
I
4C
PROCLAMA TION
WHEREAS, the Collier County Employee Wellness Program received the Wellness
Councils of America Platinum Level Well Workplace Award on February
6, 2008; and,
WHEREAS, Collier County Government met a rigorous set of criteria and received
recognition as one of America's healthiest organizations; and,
WHEREAS, Collier County Government, in winning the Platinum Well Workplace
Award, successfully developed a comprehensive work culture that
supports the mental, emotional, and physical well-being of all
employees; and,
WHEREAS, Collier County Government captured the support of the County
Manager to maintain such a culture; and,
WHEREAS, Collier County Government Human Resources and Risk Management
Deportment programs have driven such efforts; and,
WHEREAS, the Wellness Program crafted an operating plan, chose appropriate
interventions, and consistently evaluated the res~tive outcomes;
and,
WHEREAS, Collier County Government received one of only twenty-three
Platinum Level Awards awarded across the nation, and no other
County Government has ever received the Platinum Level Award; and,
WHEREAS, this award distinguishes Collier County Government as a leader and
innovator in workplace health promotion.
NOW THEREFORE, be it proclaimed by the Board of County Cammissioners of
Collier County, Florida, that March 12, 2008, be designated as
Platinum Well Workplace Award Day
in honor of receiving this prestigiDUS award.
DONE AND ORDERED THIS 11th Day of March, 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTlY, FLORIDA
ATTEST:
,
40
PROCLAMA TrON
WHEREAS, the land surveyors are counted among the founding leaders of our
country and were instrumental in the formation of the layout of
property boundaries in the United States which have provided our
citizens the enjoyment of property ownership: and,
WHEREAS, George Washington, Thomas Jefferson and other former
Presidents of the United States, served their fellow colonists as
surveyors: and,
WHEREAS, the citizens of Florida recognize the valuable contributions of the
surveying profession to history, development, and quality of life in
Florida and the United States of America and make important
decisions based on the knowledge and expertise of licensed
surveyors and mappers: and,
WHEREAS, the surveying profession requires special education, training, the
knowledge of mathematics, the related physical and applied
sciences, and fWqUirements of law for evidence: and,
WHEREAS, surveyors are uniquely qualified and licensed to determine and
describe land and water boundaries for the management of
naturtJl restJUrces and protection of private and public property
rights: and,
WHEREAS, thtl CtN1tinual advancements in instrumentation have required the
surveyor not only to be able to understand and implement the
methods of the past, but also to learn and employ modtlrn
technology in finding solutions to meet the challenges of the
future.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of
Collier County, Florida, that the week of March 16-22, 2008, be
designated as
FLORIDA SURVEYORS WEEK
and recognize the many contributions and the ongoing dedication
of surveyors to the citizens of Florida and the United States
DONE AND ORDERED THIS 11th Day of March, 2008.
BOARD OF COUN7Y COMMISSIONERS
COLLIER COUNTY, FLORIDA
J
TOM HENMNG, CHAIR.
A TrEST:
PROCLAMA TION
4E
WHEREAS, the Florida Panther is the Official State Animal of the great State of Florida; and,
WHEREAS, the Florida Panther is a magnificent subspecies and a symbol tof the natural character
of the Everglades Ecosystem of South Florida; and,
WHEREAS, the Florida panther's decline occurred prior to 1950, when it still was legal to hunt
panthers. It was listed endangered in 1967 and is protected under state and federal
laws, and as of 2006, biologists estimate roughly 80 - 100 Florida panthers remain in
the wild; and,
WHEREAS, it is the will of the people of Collier County and therefore a mIssIon of their
government to rescue the Florida Panther from the threat of extinction; and,
WHEREAS, because Collier County is the stronghold for the long-term survival of the Florida
Panther, the Natural Resource managers, non-profit groups, citizens, and businesses
in the County want to gather to celebrate this species for the South Florida
Ecosystem; and,
WHEREAS, the Florida Legislature has established the third Saturday in March as "Save the
Florida Panther Day"; and,
WHEREAS, educating the residents of Collier County will help us co-exist safely in panther
habitat and by being alert from dusk 'til dawn and whenever deer or other panther
prey (raccoons, rabbits, etc.) are active, keeping domestic livestock secure,
landscaping for Mlfety, and considering other deterrents such as outdoor lighting and
hiking or biking with a friend, we can accomplish that goal; and,
WHEREAS, there has never been a known attack of a human by the Florida Panther, the cat
moves primarily at night so keep your children within sight and close to you, give the
panther a way to escape if you cross paths, do not run as it may stimulate the
panther's instinct to chase, avoid crouching or bending over as it makes you look
smaller, try to appear larger by waving your arms, opening your jacket and throwing
stones or branches without turning your back and fight back if you are attacked;
and,
WHEREAS, it is proper and fitting for all Floridians to pause and reflect on the plight of the
Florida Panther and the task of preserving the sleek, lean, carniverous and beautiful
Florida panther species to enrich the legacy of generations yet to come.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County,
Florida, that March 8, 2008 through March 15, 2008 be designated as
PANTHER AWARENESS WEEK
DONE AND ORDERED THIS 11TH Day of March, 2008.
BOARD OF COUNTY COMMISSIONERS
COllIS COUN ,FLORIDA
AN
ATTEST:
E. BROCK, CLERK
" 4F'
...
PROCLAMATION
WHEREAS, Florida State University (FSU) in partnership with CHS Healthcare has
established a training program focusing on rural health; and,
WHEREAS, FSU's College of Medicine and CHS offer primary health care services
to the community and provide educational experiences to FSU medical
students; and,
WHEREAS, NCH Healthcare System donated the 28,OOO-square foot Isabel Collier
Read building to help the effort, and Ms. Isabel Collier Read endowed
the medical school's education program in Immokalee with a gift of $1
million, which received state matching funds; and,
WHEREAS, tne official Grand Opening of FSU's Isabel Collier Read Medical Campus
on March 18, 2008, will increase the ctJpacity of Immokalee Pediatrics
from six exam rooms to ten; and,
WHEREAS, students from the school's six regional campuses throughout the state
will have the opportunity to do rural health rotations in Immokalee,
gaining a more complete understanding of rural medicine while
contributing to the health of the community; and,
WHEREAS, the CHS-FSU partnership brings professional staff, students and
significant operating and construction budgets to Immokalee.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that the CHS-FSU partnership and the Isabel Collier
Read Medical Campus be recognized on Tuesday, March 18, 2008, for
their contributions to the health care needs of rural, elderly and other
underserved populations.
DONE AND ORDERED THIS 11th Day of March, 2008.
BOARD OF COUNTY COMMISSIONERS
:7 COU TY, FL~RIDA
TOM HENNING, 'AIRMAN
ATTEST:
I
I
2008 Flarida Panttw Week &cnts
MardI 8tn -15th in A GI'OOlIld Naples, fl.
Please join us & our partners; U.S. Fish & Wildlife Service,
FL Fish & Wildlife Conservation Commission, Defenders af
\lVildlife, the National Wildlife Federation and more for 0.
great Florida Panther Week!
MM. 8: Panther Week Kickoff at the Naples Zoo..
Mo.r. 11: Discovery Club after-school program for kids age
7-11 at Naples Preserve. Please coli 239-261-4290 to.
register.
Mar 13: Swamp Wa~ at the Foko.hatchee Strand.
RSVP after March 3 by colling 239-3!53-B442.
Mar. 14: Biking Bear Island Grade at Big CypreSl National
Preserve. Please call 239-695-1164 to. registl!ir.
Mar 15: Save the Panther Day@ the Panther Refuge:
Orchid, bird, & photography walks: swamp buggy tours.
Space is limited and reservations are required. Please R.SVP
after Mar. 3 to.: 239-353-8442. For more info visit:
www.floridapanther.org
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"l:l i!t
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
I 8A
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
******************************************************.k.***..*.... ****.*******.***.****.*.*****...
Originating Deptl Div: Comm.Dev.Serv.fPlanning Person: MelissaZone ate: ~,/,;2.sft8'
Petition No. (If none, give brief description):PUDZ-2006-AR-10171, B
Petitioner: (Name & Address): Johnson Engineering, Laura Spurgeon, 2350 Sranford Ct., Naples, FL 34112
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Patrick White,
5801 Pelican Bay Blvd., Naples, FL 34108; Eastbourne Boniata LLC, 5 Autumn Creek Lane, E. Amherst, NY 14051
Hearing before BCC
BZA
Other
Requested Hearing date:
Feruarv 26. 2008
Based on advertisement appearing 15 days before hearing.
Newspapet(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text; (Include legal description & common location & Size: Petition: PUDZw2006~AR~10171, Eastbourne Bonita,
LLC, represented by Laura Spurgeon, of Johnson Engineering, Inc., and Patrick G. White, Atty. of Porter, Wright, MOITis &
Arthur, LLP., requesting a rezone from the Agricultural (A) and Special Treatment (ST) Overlay Zoning District to the
Residential Planned Unit Development (RPUD) Zoning District for project known as Brandon RPUD, for the development of
204 single~family and multi~family residential units. The subject property, consisting of 51.1 acres, is located on the southeast
corner of the intersection of Livingston Road and Veterans Memorial Boulevard, Section 13, Township 48 South, Range
25 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
I t3-138312-64911O
No If Yes, what account should be charged for advertising costs:
Reviewed by:
~'m./~ _1,.(~/6Y
JJepartment Head Date
Approved by:
County Manager
Date
List Attachments:
DlSTRmUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*******************************************************************************.*..**.*******.***.***
FOR CLERK'S OFFICE USE ONLY:
Date Received: 1/ /,,<fIIl6Date of Public hearing: ~ Date Advertised: ~8
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
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 WITH A SPECIAL TREATMENT (ST) OVERLAY
TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) ZONING DISTRICT FOR THE PROJEcr TO BE
KNOWN AS THE BRANDON RPUD, FOR PROPERTY
LOCATED ON THE SOUTHEAST CORNER OF TIlE
INTERSECTION OF LIVINGSTON ROAD (C.R. 881) AND
VETERANS MEMORIAL BOULEVARD, IN SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 51.1+/- ACRES; AND
BY PROVIDING AN EFFEcrrvE DATE.
,,1
.t".
WHEREAS, Laura Spurgeon of Johnson Engineering, [nc" and Patrick White, Esq., of
Porter, Wright, Morris and Arthur LLP, representing Eastbourne Bonita 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 13,
Township 48 South, Range 25 East, is chauged from an Agricultural (A) Zoning District with a
Special Treatment CST) Overlay to a Residential Planned Unit Development (RPUD) Zoning
District for the project to be known as the Brandon RPUD, in accordance with Exhibits A
through F, attached hereto WId incorporated by reference herein. The appropriate zoning atlas
map or maps, as described in Ordinance Number 2004AI, 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 of2
PASSED AND DULY ADOPTED by super-majority vole of the Board of County
8A
,I
Corrunissioners of Collier County, Florida, this
day of
,2008,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
TOM HENNING, CHAIRMAN
Approved as to form
and legal sufficiency:
~\Y
~ Marjorie M. Student-Stirling
Assistant County Attorney
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Permitted Uses
Residential Development Standards
Master Plan
Legal Description
List of Requested Deviations
List of Development Commitments
Page 2 0[2
EXHIBIT A
for Brandon Residential Planned Unit Development
Page 1 oB
t:'i }l
() ti
Regulations for development of the Brandon Residential Planned Unit Development (RPUD) shall be
in accordance with the contents of this RPUD Ordinance and applicable sections of the Land
Development Code (LDC) and Growth Management Plan (OMP) in effect at the time of issllilIlce of
any development order to which said regulations relate. Where this RPUD Ordinance does not provide
development standards, then the provisions of the specific sections of the LDC that are otherwise
applicable shall apply.
t. RESIDENTIAL AREA
PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
1. Single-family detached dwelling units (a building which contains only one dwelling
unit).
2. Zero lot line dwelling units (a single family detached dwelling structure on
individually platted lots which provides a side yard on one side of the dwelling and
no yard on the other).
3. Two-family dwelling units (a single, free-standing conventional building intended,
designed, used and occupied as two dwelling units attached by a common wall or
roof, but wherein each unit is located on a separate lot under separate ownership).
4. Duplex dwelling units (a single, free-standing, conventional building on a single lot,
which contains only two dwelling units and is intended, designed, used and
occupied as two dwelling units under single ownership, or where each dwelling unit
is separately owned or leased but the lot is held under common ownership).
5. Single family attached and townhouse dwelling units.
6. Multi-family dwelling units.
7. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by
the process outlined in the LDC.
1/24/08 updated per County Attorney comments
EXHffiIT A
for Brandon Residential Planned Unit Development
Page 2 of3
8A
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
1. Private garages.
2. Common recreation amenities.
3. Guardhouses, gatehouses and access control structures.
4. Temporary construction, models, sales, and administrative offices subject to a
temporary use permit.
1/24/08 updated per County Attorney comments
EXHIBIT A
for Brandon Residential Planned Unit Development
Page 3 of3
":.:
II. PRESERVE AREA
A preserve area is delineated on the Master Plan to protect native vegetation and naturally functioning
habitat in a natural or enhanced state. On-site native vegetation areas total 47.2 acres, therefore a
minimum of 11.8 acres shall be dedicated as preserve area in the Brandon RPUD to meet the 25%
native vegetation requirement. The Master Plan attached as Exhibit C delineates 8.68 acres, which is
75% of the preserve area. The remaining 25% of preserve area (2.95 acres) shall be delineated at the
time of SDP or PPL development order submittal, consistent with the provisions of LDC Section
3.05.07.H.Laji.
PERMITTED USES:
No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in
part, for other than the following, subject to regional state and federal permits when required:
A. Principal Uses:
1. Open spaces/nature preserves.
2. Boardwalks subject to appropriate approvals by permitting agencies, however such
structures shall not reduce the retained native vegetation area below the minimum
required.
1/24/08 updated per County Attorney comments
EXHIBIT B
for Brandon Residential Planned Unit Development
Page 1 of2
f 8 A
RESIDENTIAL DEVELOPMENT STANDARDS
The Residential Development Standards Table that fo])ows sets forth the development standards for the
Residential Planned Unit Development (RPUD) Residential Subdistrict. Standards not specifical1y set
forth herein shall be those specified in applicable sections of the LDC in effect as of the date of
approval of the site development plan (SDP) or subdivision plat.
GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in
relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or
homeowners' association boundaries shall not be utilized for determining development standards.
1/24/08 updated per County Attorney comments
IlEVELOPMENT ;'. S..INGL.E,','.'.'".
StAN'DARDS . '., .
, ,::,::\.:;,::,:r".,;.~.r('.:,: ~~~y /,::~:
;,,{:~},~;~~ "
',,~ :, .. . .., .': ;: ....,.,;.
PRINCIPAL STRUCTURES;,.! . ....
MtNIMUM lOT AREA 4,500 S.F.
PER UNIT
45 FEET
1 000 S.F.
20 FEET
MIN. lOT WIDTH'
MIN. FLOOR AREA
MIN. FRONT YARD'
MIN. SIDE YARD
6 FEET
MIN. REAR YARD'
1 5 FEET
MIN. PRESERVE 25 FEET
SETBACK
MIN. DISTANCE 10 FEET
BETWEEN
STRUCTURES
ZONED MAX. 35 FEET
BUilDING HEIGHT'
Al;CESSIlRY STRUCTURES '....,
MIN. FRONTYARD SPS
EXHIBIT B
, SINGLE, ,'..... ZERO LOT
. '.F+~~~Y ,', i ;:' LINE '<
ATTACHED &,,' ,:'".
TOWNHOUSE' '. ".,
",'",',," "'.,.,..'.'
1,700 S.F. 4,500 S.F.
PER UNIT PER UNIT
17 FEET 45 FEET
1 000 S.F. 1,000 S.F.
20 FEET 20 FEET
o OR 7.5
FEET
I 5 FEET
TW~~F~rlrr' '.:" 9,/~;~~!...',:');:,~~~t?!(i?
"/ ." ';'-
4,000 S.F.
PER UNIT
40 FEET
1,000 S.F.
20 FEET
'. ",.., .,". -,.
,'.;;":, . ~ ;"i" ;" _ '
': '/":'.,'';;''''Y''
1,700 S.F. PER
UNIT
90 FEET
900 S.F./O.U.
20 FEET
8,000 S.F.
80 FEET
1 000 S.F.
20 FEET
o AND 12 0 AND 6 FEET 6 FEET
FEET
15 FEET I 5 FEET 1 5 FEET
15 FEET
j:
",/, tr'~
CU.'B!:IOUSE/ .
Rfi'C:REA liON
'B'iiILDINGS
,.~t}<I;:: ,-,:",:1:.:~; ,I' ~:'i,
"',,;';:,,"
6,000 S.F.
75 FEET
900 S.F.
20 FEET
1 0 FEET
1 5 FEET
25 FEET
1 0 FEET
35 FEET
,",.' '"
SPS
, ':,., '1': .', '.\,,".\t{"!:..\;:.<,,:, '""',,':'.'.,.:,,,,',;".,','.:':' '.'
SPS SPS SPS
MIN. SIDE YARD SPS SPS SPS SPS SPS SPS SPS
MIN. REAR YARD' 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET
MIN. PRESERVE 10 FEET 1 0 FEET I 0 FEET 1 0 FEET 1 0 FEET I 0 FEET 1 0 FEET
SETBACK'
MIN. DISTANCE 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 1 0 FEET 5 FEET
BETWEEN PRINCIPAL
& DETACHED
ACCESSORY
STRUCTURE
MAX. ZONED 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET
BUilDING HEIGHT'
SPS = Some as Prindpol Structure
BH= Building Height
25 FEET 25 FEET
o OR lD FEET 10 FEET
35 FEET 35 FEET
',,'::.' ".
SPS
,';1'""..,, "'-:;,:/
SPS
10 FEET
25 FEET 25 FEET
25 FEET
100 cui de soc lots and lots on the inside part of a curved street, the minimum lot width may be reduced by 30%, provided
the minimum lot areo requirement shall be maintained.
2 Front-loading garages sholl be set bock a minimum of 23 feet from edge of sidewalk or 23 feet from the edge of
pavement where no sidewalk is provided. For side-loading garages, a parking area of 23 feet in depth shall be provided
to avoid parking of a vehicle across the referenced sidewalk or pavement.
3 For lots adjacent to a lake, no structures shall be permitted In the required 20 foot lake mainfenance easement.
4 Building height measured from the finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the
deck line of 0 mansard roof and to the mean height level between eaves and ridge of goble, hip, and gambrel roofs.
S Preserve setback of 10 feet for accessory structures also shall apply to any site alteration although fill may be approved
to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland
preserve, unless it con be demons1rated that it will not negatively impact the wetland.
1/24/08 updated per County Attomeycomments
o OR 10 FEET 10 FEET
20 FEET or V,
BH, whichever
is areater
50 FEET
35 FEET 35 FEET
EXHIBIT C
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E.B. #lJ.lI2 .. L.S. 1642
BRANDON RPUD
MASTER PLA"~
DI.'"
DEC. 2007
OHm
8CH191T C
EXHIBITD
for Brandon Residential Planned Unit Development
Page 1 of 4
PA
f~
The subject property, being 51.1:!: acres, is described as:
PARCEL ill 00149640004: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13,
TOWNSHlP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA_
PARCEL ill 00148120004: THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4
OF THE NORTHEAST 1/4 AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA.
PARCEL 00149520001: THE NE 1/4 OF THE NE 1/4 OF THE SW 1/4 OF THE NE 1/4 OF
SECTION 13, TOWNSHlP 48 SOUTH, RANGE 25 EAST.
PARCEL 00149480002: THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST
ONE-QUARTER (NE 1/4) OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE
NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 13, TOWNSHlP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA AND THE NORTHWEST ONE-QUARTER (NW 1/4) OF
THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4)
OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 13, TOWNSHlP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
PARCEL 00149800006: THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHWEST
ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4), OF THE
NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHlP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA; AND THE NORTHWEST ONE-QUARTER (NW 1/4) OF
THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4),
OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA;
PARCEL 00151120004: THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHWEST
ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4), OF THE
NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHlP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA;
PARCEL 00148400009: THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST
ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4), OF THE
NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHlP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA;
PARCEL 00150960003: THE E.l/2 OF THE N.1/2 OF THE S.W. 1/4 OF THE S.W. 1/4 OF THE
N.E. 1/4 SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
1/24/08 updated per County Attorney comments
EXHIBIT D
for Brandon Residential Planned Unit Development
Page 2 of 4
8A
FLORIDA; THE WEST 15 FEET OF TIlE DESCRIBED PROPERTY IS RESERVED FOR
EASEMENT PURPOSES.
LESS
A PARCEL OF LAND LOCATED IN TIlE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BElNG MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.88020'15"W., ALONG THE
SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2650.16
FEET, TO TIlE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 13;
TIlENCE RUN N.00036'50''W., ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID
SECTION 13, FOR A DISTANCE OF 2692.40 FEET, TO THE SOUTHWEST CORNER OF THE
NORTHEAST 1/4 OF SAID SECTION 13; THENCE CONTINUE N.00036'50''W., ALONG THE
WEST LlNE OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 336.73
FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN
N.88031'06"E., ALONG THE SOUTH LINE OF TIlE NORTH 1/2 OF THE SOUTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF
331.82 FEET, TO THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13,
AND THE POlNT OF BEGINNING
OF TIlE PARCEL OF LAND HERElN DESCRIBED; THENCE RUN N.00036'15''W., ALONG THE
WEST LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF
180.39 FEET, TO A POlNT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST,
WHOSE RADIUS POlNT BEARS N.550IO'01"E. A DISTANCE OF 1772.36 FEET THEREFROM;
THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVlNG A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 07018'23",
SUBTENDED BY A CHORD OF 225.86 FEET AT A BEARING OF S.38029'11 "E., FOR A
DISTANCE OF 226.01 FEET, TO THE END OF SAID CURVE AND A POINT ON THE SOUTH
LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF TIlE SOUTHWEST
1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN S.8803I'06"W., ALONG
THE SOUTH LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF
138.70 FEET TO THE POlNT OF BEGINNING, CONTAJNlNG 0.27 ACRES, MORE OR LESS.
PARCEL 00149680006: THE SW 1/4 OF TIlE NW 1/4 OF THE SE 1/4 OF THE NE 1/4 OF
SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST.
PARCEL 00148160006: THE NE 1/4 OF THE SW 1/4 OF THE NE 1/4 OF THE NE 1/4, SECTION
13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
1/24/08 updated per County Attorney comments
EXHlBIT D
for Brandon Residential Planned Unit Development
Page 3 of4
PARCEL 00149440000: THE SOUTIffiAST ONE-QUARTER (S&1I4) OF THE NORTHEAST
ONE-QUARTER (NE-1I4) OF THE SOUTHWEST ONE-QUARTER (SW-1/4) OF THE
NORTHEAST ONE-QUARTER (NE-l/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST.
PARCEL 00151200005: THE SOUTHWEST ONE-QUARTER (SW-1/4) OF THE NORTHEAST
ONE-QUARTER (NE-l/4) OF THE SOU1HWEST ONE-QUARTER (SW-1I4) OF THE
NORTHEAST ONE-QUARTER (NE-1I4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST.
PARCEL 00148080005: A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION
13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER
OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA; THENCE RUN N.88057'29E., ALONG THE SOUTH LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 862.17 FEET TO A
POINT ON THE EASTERLY RIGHT-OF- WAY LINE OF LIVINGSTON ROAD, A 275.00 FOOT
RIGHT-OF-WAY, AND THE POINT OF BEGINNlNG OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE CONTINUE N.88057'29"E., ALONG THE SOUTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 133_12 FEET TO THE
SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTEROF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE
RUN N.Ooo07'26"W. ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 13, FOR A DISTANCE OF 672.76 FEET TO THE NORTHEAST CORNER OF THE
WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.88059'57"W., ALONG THE
NORTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF
331.87 FDEET TO THE NORTHWEST CORNER OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 13; THENCE RUN S.00008'03''E, ALONG THE WEST LINE OF THE WEST HALF OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF TEH NORTHEAST
QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.50 FEET TO THE NORTHEAST
CORNER OF 1HE SOUTH HALF OF THE SOU1HWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13,THENCE RUN
S.88058'45"W., ALONG THE SOUTH HALF OF THE SOU1HWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A
DISTANCE OF 193.14 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
LIVINGSTON ROAD A 275.00 FOOT RIGHT-OF-WAY, THE SAME BEING A POINT ON A
CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS
N.48019'14"E. A DISTANCE OF 1772.36 FEET
1/24/08 updated per County Attorney comments
EXHlBITD
for Brandon Residential Planned Unit Development
Page 4 of 4
8A
THEREFROM; TIIENCE RUN SOUTIlEASTERL Y, ALONG THE ARC OF SAID CURVE TO
THE LEFT, HAVING A RADIDS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF
16037'26", SUBTENDED BY A CHORD OF 512.43 FEET AT A BEARING OF S.49059'30"E., FOR
A DISTANCE OF 514.23 FEET TO TIIE POINT OF BEGINNING; CONTAINING 5.25 ACRES,
MORE OR LESS.
1124/08 updated per County Attorney comments
EXHIBIT E
for Brandon Residential Planned Unit Development
Page 1 of2
n A Itl
LIST OF REQUESTED DEVIATIONS
Deviation #1 seeks relief from LDC, Section 6.06.02, which requires construction of five-foot wide
sidewalks on both sides of local streets, to allow a single five-foot wide sidewalk on one side of the
street where preserves abut the internal road right-of-way.
If an access road is designed to connect to the existing 40-foot wide public access easement located at
the northwest boundary of the Verona Pointe subdivision, the applicant requests a single five-foot
sidewalk within the minimum right-of-way width of 40 feet for that section that is an extension of the
existing public access easement.
Deviation #2 seeks relief from LDC, Section 6.06.01 (also Code of Laws and Ordinances
Administrative Code Section 2-l2.C.13.e which requires minimmn local street right-of-way width of
60 feet.
Minimmn right-of-way width of 50 feet is requested for local streets within the Brandon RPUD. This
deviation is justified because of the small-scale setting of the neighborhood. This addresses concerns
that a larger road right-of-way is conducive to higher speeds, and physical design of the broader road
right-of-way becomes less articulated and does not relate to the neighborhood scale. A 50-foot right-
of-way for a residential street can successfully facilitate movement of the vehicular, pedestrian and
bike traffic while accommodating all utility and drainage needs. The 50-foot right-of-way
accomplishes traffic calming to provide a safer transportation system within the neighborhood. This
dimension for a neighborhood right-of-way accommodates all the standard roadway functions so that
the development is compact, the native vegetation is less impacted, and open spaces can be
concentrated in areas of the property for enhanced environmental quality.
Additionally, if an access road is designed to connect to the existing 40-foot wide public access
easement located at the northwest boundary of the Verona Pointe subdivision, the applicant requests a
minimmn right-of-way width of 40 feet for that section that is an extension of the existing public
access easement.
Deviation #3 seeks relief from Code of Laws and Ordinances Administrative Code Section 2-
l2.C.13.h which requires a minimmn 25-foot radius (edge of pavement) for local street intersections,
and a minimum 40-foot radius for arterials. The Code also states that lesser radii may be approved by
the Community Development and Environmental Services Administrator.
Street intersections are requested to provide a minimum of a 20-foot radius (face of curb) for all
internal project streets and a 35-foot radius for intersections at project entrances. This deviation is
justified because it is consistent with the Code provision for administrative approval of lesser radii.
Florida Department of Transportation's Florida Intersection Design Guide (FIDG) indicates that a 20-
30 foot comer radius serves for low speed turns for passenger vehicles, which is the speed level desired
for this residential neighborhood. At a 40-foot radius, the FIDG lists moderate turn speeds for
1/24/08 updated per County Attorney comments
EXHIBIT E
for Brandon Residential Planned Unit Development
Page 2 of2
BA
passenger vehicles, which is not desired for this neighborhood. The 5-foot smaller radii requested will
acco=odate the smail-scale nature of the neighborhood, provide for traffic calming and increased
open space without any compromise to traffic mobility.
Deviation #4 seeks relief from Code of Laws and Ordinances Administrative Code Section 2-l2.C.13.j
which requires tangents for all streets between reverse curves, unless otherwise approved by the
County Manager, or his designee, pursuant to LDC, Section 10.02.04.
Tangents shall not be required between reverse curves on any project streets. This deviation is justified
because it is consistent with the Code provision for administrative discretion. The streets within the
Brandon RPUD are not at a traffic capacity or speed level to require tangents between reverse curves.
The site is designed with straight section curves and no super-elevated curves. With a speed limit of 25
mph, the design promotes traffic calming.
Deviation #5 seeks relief from Code of Laws and Ordinances Section 22-112 which requires for
excavated areas a maximum four to one slope from existing grade to a breakpoint at least 10 feet below
the control elevation. Below this breakpoint, slopes shall be no steeper than two to one.
Lake cross sections will adhere to South Florida Water Management District (SFWMD) minimum
standards as identified in Drainage Details & Cross Sections, Sheet II. Additional reduction in that
cross sectional area of the lake beyond the standards required by SFWMD will reduce the water quality
coming out of the proposed lake cross section.
Deviation #6 seeks relief from LDC, Section 5.03.02, which limits fence or wall height to 6 feet
measured from unaltered ground level at the fence or wall location.
A maximwn perimeter fence or wall height of 8 feet measured from the fmished floor elevation of the
nearest residential structure within the development, or from the top of berm elevation if constructed
on a landscape berm is requested. This additional height allows the fence or wall to function relative to
the graded site elevation and the Livingston Road and Veterans Memorial Boulevard elevation. The
two additional feet in height and adjustment to the measurement location responds to the site
conditions so that the perimeter fence or wall functions to visually and physically define and protect the
edge of the neighborhood.
1124/08 updated per County Attorney comments
EXHIBIT F
for Brandon Residential Planned Unit Development
Page 1 of3
..r:<'.~.
t
DEVELOPMENT COMMITMENTS
GENERAL:
Development of the Brandon RPUD is proposed for completion in 2012.
TRANSPORTATION:
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 RPUD 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.
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 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 Jane improvement requires the use of any existing County rights-of-way or
easement(s), then compensating rights-of-way or easements 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 first subsequent development order. TIle typical cross section may not differ
from the existing roadway unless approved, in writing, by the Transportation Division
Administrator or his designee. Upon closure of the turn Jane along Livingston Road, the
County shall return the compensating right-of-way back to the developer, its successors, or
assigns.
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
1124/08 updated per County Attorney comments
EXHlBIT F
for Brandon Residential Planned Unit Development
Page 2 013
SA
egress to this project, as determined by Collier County, are determined to be necessary, the fair
share cost of such improvement shall be the responsibility of the developer, its successors or
assigns. The improvements shall be paid for or installed prior to the issuance of the
appropriate, corresponding CO.
G. The interconnection point via Verona Pointe shown on the RPUD Master Plan is conceptual,
and dependent upon the timing to obtain required, private cross-access easements. Ibis access
point design for the incoming development traffic is contingent upon perpetual cross-access
easement dedications from affected property owners being made in writing to allow unrestricted
ingress and egress for the Brandon RPUD within 90 days of adoption of the Brandon RPUD
Ordinance. If perpetual-cross access easement dedication is not achieved as contemplated
within 90 days of adoption of the Brandon RPUD Ordinance, then upon notification by
Transportation Staff, the developer, or successor, shall design, permit, and construct a two-lane
roadway within a 40-foot wide road right-of-way (which will include a single 5-foot sidewalk
in the typical section) connecting to Verona Pointe with a one-way southbound travel way
within the restricted area for exiting development traffic. Construction and maintenance costs
shall be funded by fair share contributions of the property owners gaining access from
extension of the cross-access easements. The private cross-access easements, once recorded,
shall be the primary access for the Brandon RPUD to Livingston Road, and any then existing
right-in access driveway along Livingston Road constructed as shown on the Brandon RPUD
Masfer Plan shall be eliminated within 180 days of completion of the full two-lane road
connection through Verona Pointe.
If the cross-access easements are not obtained within 90 days of adoption of this Ordinance,
then in the interim, until such cross-access easements may be obtained and recorded, a right-in
only access point shall be permitted at the Livingston Road access driveway shown on the
Brandon RPUD Master Plan. Once the perpetual cross-access easements are subsequently
achieved and recorded to allow full connection to the Verona Pointe public access easement,
then the developer, or successor, shall design, permit, and construct a second lane for incoming
development traffic within the 40-foot right-of-way.
H. All internal roads, driveways and sidewalks within the Brandon RPUD shall be operated and
maintained by the developer, its successors, or assigns, in perpetuity.
WATER MANAGEMENT:
The Brandon RPUD conceptual surface water management system is described in the Water
Management Report, which has been included in the RPUD rezone application materials. Water
management infrastructure shall be operated and maintained by the developer until conveyed to the
homeowners' association.
1/24/08 updated per- County Attorney comments
EXHmIT F
for Brandon Residential Planned Unit Development
Page 3 of3
it" Ii
ill I
'"'..':
UTILITIES:
A. Water distribution, sewage collection and transmission systems shall be constructed throughout
the project by the developer. Potable water and sanitary sewer facilities constructed within the
platted rights-of-way or within dedicated utility easements shall be conveyed to the Collier
County Public Utilities Division.
B. All customers connecting to the potable water and sanitary sewer system shall be customers of
the Collier County Public Utilities Division.
ENVIRONMENTAL:
A. Special Treatment CST) Overlay District designations shall be eliminated from the subject
property.
B. All preserve areas shall be identified as separate tracts and be protected by a pennanent
conservation easement to prohibit further development. Conservation easements shall be
dedicated on the plat, or at time of SDP approval, to the homeowners' association, or like
entity, for ownership and maintenance responsibility and to Collier County with no
responsibility for maintenance.
C. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to
protected species. A Habitat Management Plan for Big Cypress Fox Squirrel shall be submitted
to Environmental Review Staff for review and approval prior to SDP or subdivision plat
approval.
1/24/08 updated per County Attorney comments
SA
January 29,2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-2006-AR-I0171: Brandon RPUD
Dear Legals:
Please advertise the above referenced notice on Sunday, February 10, 2008, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O./Account # 113-138312-649110
r
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, February 26, 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 AGRICULTURAL (A) ZONING
DISTRICT WITH A SPECIAL TREATMENT (ST) OVERLAY TO A RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT
TO BE KNOWN AS THE BRANDON RPUD, FOR PROPERTY LOCATED ON THE
SOUTHEAST CORNER OF THE INTERSECTION OF LIVINGSTON ROAD (C.R.
881) AND VETERANS MEMORIAL BOULEVARD, IN SECTION 13, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
51.1 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
Petition: PUDZ-2006-AR-1017l, Eastbourne Bonita, LLC, represented by
Laura Spurgeon, of Johnson Engineering, Inc., and Patrick G. White,
Atty. of Porter, Wright, Morris & Arthur, LLP., requesting a rezone
from the Agricultural (A) and Special Treatment (ST) Overlay Zoning
District to the Residential Planned Unit Development (RPUD) Zoning
District for project known as Brandon RPUD, for the development of
204 single-family and multi-family residential units. The subject
property, consisting of 51.1 acres, is located on the southeast
corner of the intersection of Livingston Road and Veterans Memorial
Boulevard, Section 13, Township 48 South, Range 25 East, Collier
County, Florida.
Copies of the proposed Ordinance are on
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.
, B A ll/i
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.
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
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-
8380. Assisted listening devices for the hearing impaired are
available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
January 29,2008
.-eoup.tYOf Collier
CLERK OF THE CIRCD~T COURT
COLLIER COUNTY Q-OURT~OUSE
3301 TAMIAMI T,~[L EAST
P.O, BO~ 413044,
NAPLES, FLORIDA .~~ I 0 1-3044
...
.J
8 A ~"l
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Johnson Engineering
Laura Spurgeon
2350 Stanford Ct.
Naples, FL 34112
Re: Notice of Public Hearing to consider Petition
PUDZ-2006-AR-10171; Brandon RPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 26, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 10, 2008.
You are invited to attend this public hearing.
Sincerely,
J]. D. GHTE.BR.O.CK,CLERK.
. . tWJL f/51t~~ ~.
eresa Polaski,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Web site- www.c1erk.collier.flus
Fax-(239) 775-2755
Ernail- collierclerk{alclerk,collier, fl. us
January 29,2008
:.ebW1ty of Collier
\;--
CLERK OF THE CIRCU!T COURT
COLLIER COUNTY ctOURT~OUSE
3301 TAMIAMI 1(~IL EAST
P.O. BOX 413044,
NAPLES, FLORIDA 'r~ 1 0 1-3@4
-$-
1.
i'
j SA
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Patrick White
5801 Pelican Bay Blvd.
Naples, FL 34108
Re: Notice of Public Hearing to consider Petition
PUDZ-2006-AR-I0171; Brandon RPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 26, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 10, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
'\ 'i(lGl-k\ ~~tL1'{x
,''<feresa Polaski,
Deputy Clerk
Enclosure
Phone- (239) 732-2646 Fax- (239) 775-2755
Website- www.c1erk.collier.l1.us Email-collierclerklaiclerk.collier.l1.us
January 29,2008
'-t:ounty of COllier
l_, I
CLERK OF THE CIRCUJT COURT
COLLIER COUNTY <tOURT~OUSE
3301 TAMIAMI 1(MIL EAST
P.O. BO~ 413044,
NAPLES, FLORIDA '4~101-30~4
.,
~; ,A
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Eastboume Bonita LLC
5 Autumn Creek Lane, E.
Amherst, NY 14051
Re: Notice of Public Hearing to consider Petition
PUDZ-2006-AR-I0171; Brandon RPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 26, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 10, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
"\ fJ (A)la(jew-gf4 'tC
\fe;esa Polaski,
Deputy Clerk
Enclosure
--^-------~-~,--~---"~.__._--
Phone- (239) 732-2646
Website- www.c1erk.collier.t1.us
Fax- (239) 775-2755
Email- collierclerklalclerk.collier.t1.us
8A
I' ~ I"
""
Teresa L. Polaski
To:
Subject:
legals@naplesnews,com
PUDZ-2006-AR-10171 , Brandon RPUD
Attachments:
PUDZ-2006-AR-1 0171.doc; PUDZ--2006-AR-10171.doc
Legals,
Please advertise the following on Sunday, February 10, 2008. Thank you
~
~
PUDZ-2006-AR-10l PUDZ--2006-AR-10
71.doe (27 KB)", 171.doe (30 KB".
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
(T eresa.Po laski@collierel erk. com)
1
(71\
r<
, '
.:,
Teresa L. Polaski
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Wednesday, January 30,20089:16 AM
Teresa L, Polaski
Delivery Status Notification (Relay)
Attachments:
ATT475644,txt; PUDZ-2006-AR-10171, Brandon RPUD
1"""1
~
~.7~1
L::.:.J
ATT475644,txt
(231 B)
PUDZ-2006-AR-l01
71, Brandon RP",
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
PUDZ-2006-AR-I0171, Brandon RPUD
Page 1 of 1
j 8A
Teresa L. Polaski
From: Perrell, Pam [PPerrell@Naplesnews,com]
Sent Wednesday, January 30, 2008 11 :54 AM
To: Teresa l. Polaski
Subject: RE: PUDZ-2006-AR-10171 , Brandon RPUD
OK
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Wednesday, January 30, 20089:16 AM
Posted To: Legals - NDN
Conversation: PUDZ-2006-AR-10171, Brandon RPUD
Subject: PUDZ-2006-AR-10171, Brandon RPUD
Legals,
Please advertise the following on Sunday, February 10, 2008. Thank you
<<PUDZ-2006-AR-10171,doc>> <<PUDZ--2006-AR-10171 ,doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
(T eresa.Po las ki@collierclerk.com)
1/30/2008
Page 1 of 1
A
I..:
Patricia L. Morgan
From: ZoneMelissa [MelissaZone@colliergov.net]
Sent: Monday, February 11, 2008 10: 11 AM
To: Bedtelyon, Linda; Bellows, Ray; Brock, Mary; Filson, Sue; Minutes and Records; Phillips, Sharon;
Puig, Judy; RamirezHeather
Subject: AR-10171 Brandon RPUD
This email is to inform staff that AR-10171 Brandon RPUD has been continued from the 2/26/08 Bee hearing to
3/11/08 Bee hearing. Please make all the appropriate changes.
Thank you
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples. FL 34104
239-252.2958 (phone)
239.530-6372 (fax)
2/11/2008
Page 1 of 1
I
r
8A
Patricia L. Morgan
From: Patricia L. Morgan
Monday, February 11, 2008 1 :00 PM
'ZoneMelissa'; Bedtelyon, Linda; Bellows, Ray; Brock, Mary; Filson, Sue; Minutes and Records;
Phillips, Sharon; Puig, Judy; RamirezHeather
Subject: RE: AR-10171 Brandon RPUD
Sent:
To:
Melissa,
Just for reference...
The ad for PUOZ-2006-AR-10171 ran as scheduled yesterday, Sunday, February 10, 2008, as
ad number 1665097. Since it had been scheduled for the 2/26/08 meeting and the ad has
already run in NON, please make sure to place the item into Novus for the 2/26/08 meeting
and continue it. Since the letters and a copy of the NON notice have already gone out,
noticing the Bee meeting date and the NON ad run date, it will need to be included as a 2/26
agenda item.
Thank you,
Trish
From: ZoneMelissa [mailto:MelissaZone@colliergov.net]
Sent: Monday, February 11, 2008 10:11 AM
To: Bedtelyon, Linda; Bellows, Ray; Brock, Mary; Filson, Sue; Minutes and Records; Phillips, Sharon; Puig, Judy;
RamirezHeather
Subject: AR-10171 Brandon RPUD
This email is to inform staff that AR-10171 Brandon RPUD has been continued from the 2/26/08 Bee hearing to
3/11/08 Bee hearing, Please make all the appropriate changes.
Thank you
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 34104
239-252-2958 (phone)
239-530-5372 (fax)
2/11/2008
Page 1 of 1
Patricia L. Morgan
From:
Sent:
To:
Patricia l. Morgan
Monday, February 11,20081 :00 PM
'ZoneMelissa'; Bedtelyon, Linda; Bellows, Ray; Brock, Mary; Filson, Sue; Minutes and Records;
Phillips, Sharon; Puig, Judy; RamirezHeather
RE: AR-10171 Brandon RPUD
A
Subject:
Tracking: Recipient
'ZoneMelissa'
Bedtelyon, Linda
Bellows, Ray
Brock, Mary
Filson, Sue
Minutes and Records Delivered: 2{11{2008 1:00 PM
Delivery
Read
Phillips, Sharon
Puig, Judy
RamirezHeather
Patricia l. Morgan
Read: 2/11/2008 1:00 PM
Melissa,
Just for reference...
The ad for PUOZ-2006-AR-10171 ran as scheduled yesterday, Sunday, February 10, 2008, as
ad number 1665097. Since it had been scheduled for the 2/26/08 meeting and the ad has
already run in NON, please make sure to place the item into Novus for the 2/26/08 meeting and
continue it. Since the letters and a copy of the NON notice have already gone out, noticing the
BCC meeting date and the NON ad run date, it will need to be included as a 2/26 agenda item.
Thank you,
Trish
From: ZoneMelissa [mailto:MelissaZone@colliergov.net]
Sent: Monday, February 11, 2008 10: 11 AM
To: Bedtelyon, Linda; Bellows, Ray; Brock, Mary; Filson, Sue; Minutes and Records; Phillips, Sharon; Puig, Judy;
RamirezHeather
Subject: AR-lOl71 Brandon RPUD
This email is to inform staff that AR-10171 Brandon RPUD has been continued from the 2/26/08 BCC hearing to
3/11/08 Bee hearing. Please make all the appropriate changes.
Thank you
Melissa Zone
Principal Planner
Department of Zoning & land Development Review
2800 N. Horseshoe Dr.
Naples, FL 34104
239-252-2958 (phone)
239-530-6372 (fax)
2/11/2008
Patricia L. Morgan
8A
Sent:
Subject:
System Administrator
Phillips, Sharon; Puig, Judy; Bedtelyon, Linda; Bellows, Ray; Brock, Mary; Filson, Sue;
ZoneMelissa; RamirezHeather
Monday, February 11, 2008 1 :00 PM
Delivered: RE: AR-10171 Brandon RPUD
From:
To:
Your message
Subject:
Sent:
ZoneMelissa; Bedtelyon, Linda; Bellows, Ray; Brock, Mary; Filson, Sue; Minutes and Records; Phillips, Sharon; Puig, JUdy;
RamirezHeather
RE: AR-l0171 Brandon RPUD
2/11/2008 1 :00 PM
TO:
was delivered to the following recipient(s):
Phillips, Sharon on 2/11/2008 1:00 PM
Puig, Judy on 2/11/2008 1:00 PM
Bedtelyon, Linda on 2/11/2008 1:00 PM
Bellows, Rayon 2/11/2008 1:00 PM
Brock, Mary on 2/11/2008 1 :00 PM
Filson, Sue on 2/11/2008 1 :00 PM
ZoneMelissa on 2/11/2008 1 :00 PM
RamirezHeather on 2/11/2008 1 :00 PM
A \'1~
Patricia L. Morgan
From:
To:
Sent:
Subject:
bellows_r [RayBellows@colliergov,net]
Patricia L. Morgan
Monday, February 11, 2008 1 :01 PM
Read: RE: AR-10171 Brandon RPUD
Your message
TO:
Subject:
RayBellows@colliergov.net
was read on 2(11(2008 1:01 PM.
Patricia L. Morgan
From:
To:
Sent:
Subject:
Your message
bedtelyonJ [LindaBedtelyon@colliergov,net]
Patricia L. Morgan
Monday, February 11, 2008 1 :02 PM
Read: RE: AR-10171 Brandon RPUD
To:
Subject:
LindaBedtelyon@colliergov.net
was read on 2/11/2008 1:02 PM.
BL
Patricia L. Morgan
-A
II
i
From:
To:
Sent:
Subject:
brock_m [MaryBrock@colliergov,net]
Patricia L. Morgan
Monday, February 11, 2008 1 :03 PM
Read: RE: AR-10171 Brandon RPUD
Your message
To:
Subject:
MaryBrock@colliergov.net
was read on 2/11/2008 1:03 PM.
Patricia L. Morgan
SA
From:
To:
Sent:
Subject:
puigj [JudyPuig@colliergov.net]
Patricia l. Morgan
Monday, February 11,2008 107 PM
Read: RE: AR-10171 Brandon RPUD
Your message
To:
Subject:
JudyPuig@colliergov.nel
was read on 2/11/2008 1:07 PM.
.~ ,I il'
Patricia L. Morgan
From:
To:
Sent:
Subject:
ZoneMelissa [MelissaZone@colliergov,net]
Patricia L. Morgan
Monday, February 11, 2008 1: 13 PM
Read: RE: AR-10171 Brandon RPUD
Your message
TO:
Subject:
MelissaZone@colliergov.net
was read on 2/11/2008 1:13 PM.
Page 1 of 1
Patricia L. Morgan
Sent:
To:
From: ZoneMelissa [MelissaZone@colliergov,net]
Monday, February 11, 2008 1: 14 PM
Patricia L. Morgan; Bedtelyon, Linda; Bellows, Ray; Brock, Mary; Filson, Sue; Minutes and Records;
Phillips, Sharon; Puig, Judy; RamirezHeather
Subject: RE: AR-10171 Brandon RPUD
Thank you Trish, I will follow your instructions.
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 34104
239-252-2958 (phone)
239.530.6372 (fax)
From: Patricia L. Morgan [mailto:patricia.morgan@collierclerk.com]
Sent: Monday, February 11, 2008 1 :00 PM
To: ZoneMelissa; bedtelyonJ; bellows_r; brock_m; filson_s; Minutes and Records; phillips_s; pui9.J; RamirezHeather
Subject: RE: AR-10171 Brandon RPUD
Melissa,
Just for reference...
The ad for PUOZ-2006-AR-10171 ran as scheduled yesterday, Sunday, February 10, 2008, as ad
number 1665097. Since it had been scheduled for the 2/26/08 meeting and the ad has already
run in NON, please make sure to place the item into Novus for the 2/26/08 meeting and continue
it. Since the letters and a copy of the NON notice have already gone out, noticing the BCC
meeting date and the NON ad run date, it will need to be included as a 2/26 agenda item.
Thank you,
Trish
From: ZoneMelissa [mailto:MelissaZone@colliergov.net]
Sent: Monday, February 11, 2008 10: 11 AM
To: Bedtelyon, Linda; Bellows, Ray; Brock, Mary; Filson, Sue; Minutes and Records; Phillips, Sharon; Puig, Judy;
RamirezHeather
Subject: AR-10171 Brandon RPUD
This email is to inform staff that AR-10171 Brandon RPUD has been continued from the 2/26/08 BCC hearing to
3/11/08 Bee hearing. Please make all the appropriate changes.
Thank you
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 34104
239-252-2958 (phone)
239-530-6372 (fax)
2/11/2008
Page 1 of 1
SA
Patricia L. Morgan
Sent:
To:
From: ZoneMelissa [MelissaZone@colliergov.net]
Monday, February 11, 20081:14 PM
Patricia l. Morgan; Bedtelyon, Linda; Bellows, Ray; Brock, Mary; Filson, Sue; Minutes and Records;
Phillips, Sharon; Puig, Judy; RamirezHeather
Subject: RE: AR-10171 Brandon RPUD
Thank you Trish, I will follow your instructions.
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 34104
239-252-2958 (phone)
239-530-6372 Ifax)
From: Patricia l. Morgan [mailto:patricia.morgan@collierclerk.com]
Sent: Monday, February 11, 2008 1:00 PM
To: ZoneMeli55a; bedtelyonJ; bellowsJ; brock_m; filson_s; Minutes and Records; phillips_s; pui9-.J; RamirezHeather
Subject: RE: AR-10171 Brandon RPUD
Melissa,
Just for reference...
The ad for PUOZ-2006-AR-10171 ran as scheduled yesterday, Sunday, February 10,2008, as ad
number 1665097. Since it had been scheduled for the 2/26/08 meeting and the ad has already
run in NON, please make sure to place the item into Novus for the 2/26/08 meeting and continue
it. Since the letters and a copy of the NON notice have already gone out, noticing the BCC
meeting date and the NON ad run date, it will need to be included as a 2/26 agenda item.
Thank you,
Trish
From: ZoneMelissa [mailto:MelissaZone@colliergov.net]
Sent: Monday, February 11, 2008 10:11 AM
To: Bedtelyon, Linda; Bellows, Ray; Brock, Mary; Filson, Sue; Minutes and Records; Phillips, Sharon; Puig, Judy;
RamirezHeather
Subject: AR-10171 Brandon RPUD
This email is to inform staff that AR-10171 Brandon RPUD has been continued from the 2/26/08 BCC hearing to
3/11/08 Bee hearing. Please make all the appropriate changes.
Thank you
Melissa Zone
Principal Planner
Department of Zoning & Land Development Review
2800 N. Horseshoe Dr.
Naples, FL 34104
239-252-2958 (phone)
239-530-6372 (fax)
2111/2008
....... U II
SA
Patricia L. Morgan
From:
Sent:
Subject:
phillips_s [SharonPhillips@colliergov,net]
Monday, February 11, 2008 1 :35 PM
Read: AR-10171 Brandon RPUD
Your message
To:
Subject:
SharonPhillips@colliergov.net
was read on 2/11/2008 1:35 PM.
02/11/2008 00:18
2392534733
Foreign ACCOULt ~~mb~r
001230
Ad Ii
1665097
Ad Net Cost ~:4S0. 5S
Name (primary) BOAIU;' C ~ COUNTY COMMISS
Company (primarjT}
Street 1 (prilllary) .'0 SOX U301,6
City (Primuy) NAPI.!:S
State (primary) FL
ZIP (primary) 3U01-3,:16
Phone (Primary) (235') 774-44".
Clo.s. Code
0:1.10 - OI'd,~ nances arId petitions
Start Date
O.:/~O/20(;S
02/10/200E
Stop Date
Prepayment Amount $(1. CO
Ad S..l.. Rep, 777 - p, mela A_ 1,.....,,11
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NOTlC' 0' 'IITDIT TO
CONSrDliR CROlNANct
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that on TU!!JDAV. Fili:1ru.
ary 2t1, 2008, In tnl!
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will comltt.r tht t(lQCt.
ment of. COUntY Olill.
Nl.Ilet. "l"t. mMtlna will
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PAGE 03
"
11
02/11/2008 00:18
43 SOUTH. RANGI ~,
U$T. COLLIER COUNTY.
FLORIIJA. CDNSISTING
OF flU +/. ,l\CRIiS: AND
!lY P~OVIDING AN EF.
FEC'mIE DATE.
P~ttlQnl PlJDz..2(lOe..-AA- ~
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ta. lLC. represlnted by.
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wright. MQITUI a. .\rthur,
LlP., ~QQu.Jt'ng il re-
10ftl\\ trom 'the ABlelll.
turl.l 'Po) and S eel.1
Tr...'m~ <m Ity
Zoning Di!;\rld to the
...._ti4I "M_ "..
Development (IiI,UO)
Zoning DIstrict for proJ-
ect kl10wI'I as I!lrl.l'1don
RPtJD,for the d.....lop-
ment Of 204 Slncue-f&r'll.
IY an' m"~I,"",IIY ....1-
d.ntla' unitS_ Tnt sub.
'""'l'.....riy, .""IJti..
01' 5 .1 IIcres. ii Igc:attCl
on the .\Jauthllut comer
01 tin: Intersection 01
Li\llng,ton Road and
~:~,~~':J. r.~:: 11~l.
Townlhi!! .. SOl,ltl'l.
Rnal 2S lut. Collie!'
CountY.'t<1rillla.
cooleSl of the propo~td
~t~nttB.c~I:~ ~g t~:
80ard and ar. iI:~'''1e
for I~on. AI ntlr-
~ p..an &!'e nvlted
~O mtM .-.:I be hurd.
NOTt: All P'I'SOft& wllh-
lng to uelk on "ny
~B brn mutt rtgiS.
tlr with tn. County al:l-
mlristrator .prior to p~
.totntatlon of the .genOa
item tel b. addruslld.
IncllVldu.1 ~klf'l will
tI. limitOd ~o . mlnut.s
01lnY: it8lTl. '1bf selec.
tion Of trI i~;.;lclual 'to
liiPHk on t1thalf Of "'"
organlzatlO1} or .GrOU; ~
eni:OlJragld, It"r.cog.
nllld by-lh. chairman,
a sS)olCUpiOl'fon for II
51rOu, or organlultlon
milY be 11110tttd ~O min.
utes tt:l 3P..k on an
.....
Ptrsons wl,hlna to haw
wrftt.l'I or _arafl~ie "'s-
tlilr1G.l.s in,''''Cltct In tt\Q
!loud ...nd. ..,koU
muit submit solei ma.
terlal . mlf'llJ'l'lum of 4
w..~ p".or to th* rto.
SpectlW publk: hearing.
In eny ClJH'. wrIttlIn ma.
terJl(l, Int.ndlcl to 01
consiCIcrocl by thl Ioard
Chflll "0 Il.I"limltted to
t.._...,....,.... County
Jtaft' a ml"I"'"," Of $eY'
::;bf;:~p.r~~~ ~y, ::.
..rial ,,;oJ In .r........
tlons ~re th. 80tlrCl
will become a perm'"
ncl'lt: ~ of the record.
m}l .,..on who decides
tc "'" . Cl~e:slon of
the wtll"'OOdare.
thl .,......"9'
pertAininG tI'It~ ~ll
tt'ler1lfo,.. may "eta to
.,.ur. thtrt . vtRfttlm
record 01 the oro;etd.
Inglis made. WhICl1 reo
ool'tllnclucles ttw testi-
mony ud tyldence
u"Ol"l Whic?'l tll. appoal
IsbiullMt.
If Y9U aN. ~n with
a ai,..Dlllty who ~.~s
~J.~t~O~~~r;~; J~
thIs ~I$ yOU art
entitled 'h. aatt no oos;t to
you. to t I r;trovlslon of
i~ulgJC~li:ffnl:...
~.;aroul\ty Fac:llltl..
m=~~~~~~ D~~~otl
"aMia",1 Half East,
8uilti'U1 \V. N.~IU,
~.t..~(~.ff,'''.
devleo' for ""' hHrl...
j"'I'-"ed ..... avaUule
in the Coul"ltY caromls.
siol'llni'OIflci!.
80A'IO 0' COUNTY
CQUMISSlIONiRS
2392534733
CLASS
PAGE 04
SA
02/11/2008 00:;8
COL.LHR COUNTY,
fLORIOA
TOM HENNING. CHAIIia.
~IGIH Ii:. IROeK,
ct!llK
~l: ~::r- 1'01_. 040-
(SlAt)
Fdl.10 No. ]~1
23921034703
GLASS
PAGE 05
I~
ilij
~
8A
Teresa L. Polaski
From:
Sent:
To:
Subject:
Teresa L. Polaski
Wednesday, February 13, 2008 4:01 PM
'Iegals@naplesnews.com'
Ads to run on Friday
Attachments:
PUDZ--2006-AR-1 0171.doc; GU-2007 -AR-11977.doc
~
IWI.~
dJ
PUDZ--2006-AR-l0 CU-2007-AR-11977
171.doc (36 KB... ,doc (36 KB)
Per your request, here are the notices to rerun on Friday, February 15, 2008. Please provide our office notification letter
that these ads ran with the incorrect headings on Sunday February 10, 2008. And per our conversation you will be crediting
us for the incorrect ads that ran. Thank you
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
(T eresa.Po las ki@collierc lerk. com)
1
Ads to run on Friday
Page 1 of 1
Teresa L. Polaski
A
, 1~
From:
Sent:
To:
Perrell, Pam [PPerrell@Naplesnews.com]
Wednesday, February 13, 20084:14 PM
Teresa L. Polaski
Subject: RE: PUDZ-2006-AR010171 & GU-2007-AR-11977
The above referenced rtotices ran wrong on Sun. Feb. 10,2008. The headings were interchanged as well as the
ad numbers at the bottom, and the PO #'s would have been switched as well. We regret the error and any
inconvenience we caused you, They will run correctly on Fri., Feb. 13,2008. I have credited the two (2) notices
that ran incorrectly.
Thank you for your understanding in this matter.
Respectfully,
Pam Perrell
Legal Advertising
Naples Daily News
(239) 263-4832
From: Teresa L. Polaski [mailto:Teresa.Polaski@colliercierk.com]
Posted At: Wednesday, February 13, 2008 4:01 PM
Posted To: Legals - NDN
Conversation: Ads to run on Friday
Subject: Ads to run on Friday
<<PUDZ--2006-AR-10171.doc>> <<GU-2007 -AR-11977 ,doc>>
Per your request, here are the notices to rerun on Friday, February 15, 2008, Please provide our office notification
letter that these ads ran with the incorrect headings on Sunday February 10, 2008, And per our conversation you
will be crediting us for the incorrect ads that ran. Thank you
Teresa L. Polaski, BMR Clerk III
Clerk to the Boord of County Commissioners
Minutes and Records Department
239-252-8411
(T ereso.Po laski@collierclerk.com)
2/13/2008
Th.Th,
NAPLES DAILY "iEWS
Pubhshed Dad,
Naples. FL 1-11112
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they scr\'c as the authority, personally
appeared B. Lamb. who on oath says Ihatthey
serve as the Asslslant Corporate Secretary of the Naples Daih'.
a dail\ newspaper published at Naples. ill Colher Count\.
FlorIda: distributed in Collier and Lee counties of Florida: that
the attached copy of the ad\"crtising. being a
PUBl.lC NOJJe'lc
in the mailer of PUBLIC NOTICE
was published in said nc,vspapcr I time in the issue
On February] 5"'. 2008
\!liant tilrth.:r says thallh..: said :\apks Daily l\~ws is a n.:wspap..::r
Puolish..::d at Sapks, in ulllicf county. Florida and thai the said
ll<.::\\Spapcr has hcrcLofort: heen continuously puhlish..:tl in said Collier
Count\. l:lorida~ distrihuted in Collier and T ,..::..: .::ounties of Florida,
cal.:h day and has heen cntcr..:d as s..::(:ond dass mail matter at the post
(1ni..:" in :\apks. ill said C\llli..::r County. Florida, for a p.:riod of I
y~ar n~xt pr~C:.cding th<.:' first puhlication ofth.c attached copy of
advcrtis('mcnL ;md aflianl fm1her says that he has neither paid nor
promised any p.::rso!1_ !irm or corporation any disl.:ount. rehate.
commission Of fefund for the pUrpose of securing this advcrtiscment for
publication in Ih," said nc\\spapl.:r
)~ Vf
( Signature of affim;O ~-~-,--~
Sworn to and subscribed berore me
This 15'" 2008
Ihy ()fFchruary 200S
~ ~C1!,,(k)
(Signatu e of n . .' pu Ie)
FEI 5~-2578127
ff~,*"~Y.r~?;;"
,,,'Jt,.;
"-;:;{,9f;f,iY
JUDY JANES
Commission DO 675029
Expires May 16, 2011
tJomted Thru froy Fa>" I"~u[a"ce 600.36;"1019
l
UtfOI. >uo.fj
!~:::Q,~, >l~~UI L"g~
DO" IlI'tI'."l/Op.1
EIIT\> 1.OCA11!3l1;'Il!f'
~YTRRil'C!F
l.IVINGSTON ROAD (C.R.
1f&\.A'll'~MfN
SECTlOItli,i'llWIISHlP
4S SOUTH,. RANGE 2S
EAST. COLLIER COUNTY
F.ORIOt;. CONSIs.tING
ge S/R~D~;'ftf.'
FECTIW~TE. <,,' ~,
Petition; PUDZ.2&e6.AR.
10171. Eastbourne Boni-
ta, ..C. "'_I\ted b.
LauraS:ptff'ge~n. ,;()f:
Johns01l . En,>>lneerlng,
Inc., and. P.trlC:~ G.
~~~,t.WAs~1 =~:
LLP., requestlnt are.
zone from the grlcul.
turat(;o:)-.mt..=~
r....~.IHD~rJ~... .~
ReslrJentlafMI,)'. GM
Oeve:JoDfMOlI;. rt RUJU
Zon""_llitll'<>f
eet knoW" ., Bi'andon
='JOIO.'W'lOde . 00:
Iy and ...1lI
..ntlal unit... ..UI>-
)eel property, eonslltl"'
~SJ;.\~I=
of jhi' Int~. ..' ect):lon,o.f
~I: ~'re" miotl~1
Boulevard. $ectfon .13. '
Township... South.
Range 25- Eut.. Colll.r
COunty. florida.
8A
CQP.les of tt)e proposed
Ordtnanceare on file
w. Ith t~, Clerk to the
'lloanltOl!d .... -aVollabl.
'1or~Iori'-A".tnter-
__"'Inv~
to attend Md.-heard.
NOTE: All 0'-'- _
lng to speak o~ any
agenda kern must regIS-
.... with the County ad.
mlnlstrator 'prior to pre-
se"tatfon of the agenda
Item to.!'e addressed.
IndMdtJ . _rs wHl
be IImR.d to S mloules
on any Item. The ..lee:.
tlop M~~=~.to
..",!lJI.,........ an
...._15
'en - '. If'i'-tCOO-
mzed br the.. ChaIrman,
. spoitHperson fOra
groupot '.0tU.' l'Ifii/:atfon
m&ybe a11ottiR1.10,mlrt-
IJt,U :bJ;.t.tak ODan
Item. .... . -';
Persons wtshlng to have
written qr graphic ma-
terials Included In the
1IO<<n1"a~\iilliJa ~keb
must su mtt sa ma-
terial a .minlmum of 3
weeks prior to the re-
~Pectlve public hearing.
",any_wrItten ma.
tiltl... Intended to be
~i:lm~~
the!lHr<>l!l'lale County ,
fta<<a'r;nk1Imumof sev-
enl..d'Ic.,."nfor 'to the
PUf}o'l hiai'I!1G. All ma-
teria -ili .......nt..
tlons before the Board
wll/ become a perma.
nent _ OIthe recoflf.
, AIry _ Who decides
I ~m:PM a.decJslon of
, ""L ...... ,will need a reo
eo," "' _In..
pertaining thereto and
therefQrm;:e may need to
.-a a ~m
record at proceed-
Ings Is m~, which re-
cord lnotudes the testl.
mony and evidence
1f~.~~lehthe appeal
If,wou~are a ~ with
a (Usability who needs
any accommodation In
orj~erto participate In
th,- proceeding; you are
entltledt.:~t no cost to
YOU, to me prOVision of
certain. assistance.
Please contact theCol-
ller County Facilities
Management Depart.
men~, -Io~ed. at 3301
lTItliTiiifrTJ'l!tt'last
sUlldl"" W. N.'Ples:
FIOlIlIa ~4lU, l239) 2S2. I
8380. ASSiSted listening
i devlcj!s for the hearing
, Ilmblred are available
nl -the County Commls-
s on&r$' omee.
B"OARD QF COUNTY
COMIMSSJONERS
COLLa:~ CQUN,TY
F.ORlPA . , .
TMOM HENN.NGi CHAJR-
AN
g~H-T. E. BROCK.
~~ J:::- Polaski, Dep~
(sl'iJ
.Feb 15 . No. 16708:U
l18A
BRANDON RPUD-
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
This Hold Harmless and Indemnification Agreement (this "Agreement") is made and
executed this11th day of March, 2008, by Eastbourne Bonita, LLC, a Florida limited liability
corporation (the "Indemnitor'), in favor of Collier County (the "County"),
w !I1'::1E~~.U.t!:
WHEREAS, the Indemnitor is the fee simple title holder to that certain real property
located in Collier County, Florida and more particularly described in Exhibit "A" attached hereto
and made a part hereof (the "Indemnitor's Property"): and,
WHEREAS, the Indemnitor's Property is the subject of a pending rezoning request known
as the Brandon RPUD, identified as PUDZ-2006-AR-10171: and
WHEREAS, the County has approved the Brandon RPUD rezoning request subject to
certain conditions, among them being an assurance by Indemnitor that they would indemnify and
hold harmless the County as to the Indemnitor's Property as specified in the County's approving
ordinance: and
WHEREAS, the County is desirous of committing that assurance and rezoning condition
to writing,
NOW THEREFORE, in consideration of and as a condition to the County approving the
Brandon RPUD rezoning request, the sufficiency of which is hereby acknowledged, the
Indemnitor agrees as follows:
To the extent permitted by Florida law, the Indemnitor agrees to indemnify, defend and
hold the County, its employees, appointed and elected officials, contractors, and volunteers and
other individuals acting on behalf of the County, free and harmless from and against any and all
actions, claims, liabilities, assertions of liabilities, losses, costs and expenses whatsoever.
including but not limited to attorney's fees, by Indemnitor or any persons or entity, which in any
manner may arise or be alleged to have arisen or resulted from the, including, without limitation,
any claim or claims for a statutory way of necessity grounded in general Florida law, except that
the Indemnitor will not be responsible for any expenses for outside counsel that the County may
otherwise seek to retain in such matter
"Indemnitor" as used herein shall refer to Eastbourne Bonita, LLC" its manager, officers,
directors, employees, representatives, successors, or assigns,
T(lMh-
~
3/1)/08
/,/J .~ lJ-.,1..Q 0;v:J~u,(
W~7WI
~"'-t<-'"l'-<.<'-
~1'u0.1
Put)
/Y 1.AvL O---J 6---.. ,
~~ - /a ;Vi ,l\J..Jf~1 ~ ..-<-f::-.
715 -Ynu,~
SA
IN WITNESS WHEREOF, the Indemnitor has executed this Agreement on the date and
year first above written,
By:
STATE OF FLORIDA )
) ss,
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me, this 11th of March, 2008, by Frank
A. Chinnici, on behalf of Eastboume Bonita, LLC, Florida limited liability corporation, as its
~?ger, who is ( ) personally known to me or ( /' ) has produced
l \X!~!:!:. I \c.:ense as evidence of identification,
(SEAL)
~ BETHEL JANE NAGY
',,% MY COMMISSION # DD 330622
. ~.} EXPIRES: November 9, 2008
,iif.."rl\" 80ndedThru Notary PUblic Underwrihlr$
Page 2
y
t 8 A 1"
INDEMNITOR'S PROPERTY
LEGAL DESCRIPTION - See Exhibit D of the subject application/petition, PUDZ-2006-AR-1 0171,
EXHIBIT "A"
'\,\PlfCS._J1.N7bv,"1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SUP 8 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO r
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 OUice. 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
~ l.lI....
r,'~.1ffIi
Complete routing lines #1 tJuough #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines # 1 throUlzh #4, complete 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 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 Bee Chairman's signature are to be delivered to the BCe office only after the Bec has acted to approve the
item)
Name of Primary Staff Melissa Zone Phone Number 252-2958
Contact
Agenda Date Item was 3/11/2008 Agenda Item Number 8A
Approved bv the BCC
Type of Document Ordinance and Exhibits {fu -\? Number of Original 2
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 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 i
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 ]d .. c'.~~ (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
/?/'
Yes
(Initial)
N/A(Not
A licabJe)
2.
3.
4.
5.
6.
I: Forms! County Forms! BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
, 8 A
MEMORANDUM
Date:
March 27, 2008
To:
Melissa Zone, Principal Planner
Zoning and Land Development
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-13
Enclosed, please find a copy of the document referenced above, (Agenda Item
#8A), which was adopted by the Board of County Commissioners on Tuesday,
March 11, 2008.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure
~.. SA
): >~
MEMORANDUM
Date:
March 27,2008
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-13
Attached, please find one (1) copy of the document referenced above (Agenda
Item #8A), as approved by the Board of County Commissioners on Tuesday
March 11,2008.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosure
rBA
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
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 DESCRffiED REAL
PROPERTY FROM AN AGRICULTURAL (A) ZONING
DISTRICT WITH A SPECIAL TREATMENT (ST) OVERLAY
TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) ZONING DISTRICT FOR THE PROJECT TO BE
KNOWN AS THE BRANDON RPUD, FOR PROPERTY
LOCATED ON THE SOUTHEAST CORNER OF THE
INTERSECTION OF LIVINGSTON ROAD (C.R. 881) AND
VETERANS MEMORIAL BOULEVARD, IN SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 51.1+/- ACRES; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Laura Spurgeon of Johnson Engineering, Inc., and Patrick White, Esq., of
Porter, Wright, Morris and Arthur LLP, representing Eastbourne Bonita 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 13,
Township 48 South, Range 25 East, is changed from an Agricultural (A) Zoning District with a
Special Treatment (ST) Overlay to a Residential Planned Unit Development (RPUD) Zoning
District for the project to be known as the Brandon RPUD, in accordance with Exhibits A
through G, 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
~8A .I'~
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
/1
Commissioners of Collier County, Florida, this II day of /7;;z /Jel;" 2008.
ATTEST: 'h' '~::.a_
DWIG. . ,13.Roc~:.crt:RK
. L- .';;:"-L~.::: ~"~(1;l~(j ~C
..... ., ,~--.:;.
At~e5..t"...t ,,~~~J:~f~ty Clerk
i j 'JI\atw;'~ ,"1:~.~'t. J
""c
Approved as to form
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER YJNTY, F ORillA .
By: .J<fJt--
TOM HENNING, CHAIRMA
'~ rn IkU./1-'-4~'
Marjori . Student-Stirling il
Assistant County Attorney
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Permitted Uses
Residential Development Standards
Master Plan
Legal Description
List of Requested Deviations
List of Development Commitments
Interlocal Agreement
Page 2 of 2
!
8A
EXHIBIT A
for Brandon Residential Planned Unit Development
Page 1 of 3
Regulations for development of the Brandon Residential Planned Unit Development (RPUD) shall be
in accordance with the contents of this RPUD Ordinance and applicable sections of the Land
Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of
any development order to which said regulations relate. Where this RPUD Ordinance does not provide
development standards, then the provisions of the specific sections of the LDC that are otherwise
applicable shall apply.
I. GENERAL USES
Certain uses shall be considered general permitted uses and structures throughout the Brandon RPUD
except in the preserve areas. General permitted uses and structures are those uses, which generally
serve the developer and residents of the Brandon RPUD and are typically part of the common
infrastructure or are considered community amenities.
GENERAL PERMITTED USES AND STRUCTURES:
I. Water management facilities and related structures.
2. Common recreation amenities.
3. Guardhouses, gatehouses and access control structures.
4. Temporary construction, models, sales, and administrative offices subject to a
temporary use permit.
II. RESIDENTIAL AREA
PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
I. Single-family detached dwelling units (a building which contains only one dwelling
unit).
2. Zero lot line dwelling units (a single family detached dwelling structure on
individually platted lots which provides a side yard on one side of the dwelling and
no yard on the other).
3. Two-family dwelling units (a single, free-standing conventional building intended,
designed, used and occupied as two dwelling units attached by a common wall or
roof, but wherein each unit is located on a separate lot under separate ownership).
3/1112008 Bee hearing
pi"BA
'.-
j.. '~
EXHIBIT A
for Brandon Residential Planned Unit Development
Page 2 of 3
4. Duplex dwelling units (a single, free-standing, conventional building on a single lot,
which contains only two dwelling units and is intended, designed, used and
occupied as two dwelling units under single ownership, or where each dwelling unit
is separately owned or leased but the lot is held under common ownership).
5. Singlc family attached and townhouse dwelling units.
6. Multi-family dwelling units.
7. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by
the process outlined in the LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to private garages.
]/11/2008 Bee hearing
EXHIBIT A
for Brandon Residential Planned Unit Development
Page 3 of 3
8A~,~
III. PRESERVE AREA
A preserve area is delineated on the Master Plan to protect native vegetation and naturally functioning
habitat in a natural or enhanced state. On-site native vegetation areas total 47.2 acres, therefore a
minimum of 11.8 acres shall be dedicated as preserve area in the Brandon RPUD to meet the 25%
native vegetation requirement. The Master Plan attached as Exhibit C delineates 10.91 acres, which is
92% of the preserve area. The remaining 8% of prescrve area (0.9 acres) shall be delineated at the time
of SDP or PPL development order submittal, and shall be located contiguous to the preserve shown on
the Master Plan consistent with the provisions of LDC Section 3.05.07.H.l.a.ii.
PERMITTED USES:
No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in
part, for other than the following, subject to regional state and federal permits when required:
A. Principal Uses:
I. Open spaces/nature preserves.
2. Boardwalks subject to appropriate approvals by permitting agencies, however such
structures shall not reduce the retained native vegetation area below the minimum
required.
1/1 1!2008 Ace hearing
! 8A
EXHIBIT B
for Brandon Residential Planned Unit Development
Page 1 of2
RESIDENTIAL DEVELOPMENT STANDARDS
The Residential Development Standards Table that follows sets forth the development standards for the
Residential Planned Unit Development (RPUD) Residential Subdistrict. Standards not specifically set
forth herein shall be those specified in applicable sections of the LDC in effect as of the date of
approval of the site development plan (SDP) or subdivision plat.
GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in
relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or
homeowners' association boundaries shall not be utilized for determining development standards.
3/11/2008 Bee hearing
SA
EXHIBIT B
DEVELOPMENT SINGLE SINGLE ZERO TWO.FAMILY DUPLEX MULTI. CLUBHOUSE/
STANDARDS FAMILY FAMILY LOT LINE FAMILY RECREATION
ATTACHED & BUILDINGS
TOWNHOUSE
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 4,500 S.F. 1,700 S.F. PER 4,500 4,000 S.F. 8,000 S.F. 1,700 S.F. PER 6,000 S.F.
PER UNIT UNIT S.F. PER PER UNIT UNIT
UNIT
MIN. LOT WIDTH' 45 FEET 1 7 FEET 45 FEET 40 FEET 80 FEET 90 FEET 75 FEET
MIN. FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 1,000 S.F. 1,000 S.F. 900 S.F.jD.U. 900 S.F.
S.F.
MIN. FRONT YARD' 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET
MIN. SIDE YARD 6 FEET o OR 7.5 FEET OAND o AND 6 FEET 6 FEET 10 FEET 1 0 FEET
1 2 FEET
MIN. REAR Y ARD3 1 5 FEET 1 5 FEET 1 5 FEET 1 5 FEET 15 FEET 1 5 FEET 15 FEET
MIN. PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET
SETBACK
MIN. DISTANCE 1 2 FEET o OR 15 FEET 1 2 FEET o OR 1 2 FEET 1 2 FEET >20 FEET or V, 10 FEET
BETWEEN BH, whichever
STRUCTURES is greater
MAX. ZONED 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 50 FEET 35 FEET
BUILDING HEIGHT 3 STORIES
MAX. ACTUAL 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 55 FEET 40 FEET
BUILDING HEIGHT 3 STORIES
ACCESSORY STRUCTURES
MIN. FRONT YARD SPS SPS SPS SPS SPS SPS SPS
MIN. SIDE YARD SPS SPS SPS SPS SPS SPS SPS
MIN. REAR Y ARD3 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET
MIN. PRESERVE 1 0 FEET 10 FEET 1 0 FEET 1 0 FEET 1 0 FEET 10 FEET 1 0 FEET
SETBACK
MIN. DISTANCE 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 1 0 FEET 5 FEET
BETWEEN PRINCIPAL
& DETACHED
ACCESSORY
STRUCTURE I
MAX. ZONED 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET
BUILDING HEIGHT
MAX. ACTUAL 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET
BUILDING HEIGHT
SPS = Same as Principal Structure
BH= Building Height
IOn cui de sac lots and lots on the inside part of a curved street, the minimum lot width may be reduced by 30%, provided
the minimum lot area requirement shall be maintained.
2 Front-loading garages shall be set back a minimum of 23 feet from edge of sidewalk or 23 feet from the edge of
pavement where no sidewalk is provided. For side-loading garages, a parking area of 23 feet in depth shall be provided
to avoid parking of a vehicle across the referenced sidewalk or pavement.
3 For lots adjacent to a lake, no structures shall be permitted in the required 20 foot lake maintenance easement.
:1/II/200X BCC hearing
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III
ENGINEERING
2350 STANFORD COURT
NAPLES. FLORIDA J4112
PHONE (239) +::5+-0::53:3
FAX (239) 434-9320
LEI. 1642 & L.B. fl!+2
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FEB. 2.00B
li24i08 upd3ted rrer County Attorney comments 2/&,lQ8 updated per cepe siipulatiolls
3/11/2008 BCC hearing
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MASTER PLAN
SHEET
EXI.HeIT C:
r 8 A
EXHIBIT D
for Brandon Residential Planned Unit Development
Page 1 of 4
The subject property, being 51.1:!: acres, is described as:
PARCEL II) 00149640004: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
PARCEL ID 00148120004: THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4
OF THE NORTHEAST 1/4 AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA.
PARCEL 00149520001: THE NE 1/4 OF THE NE 1/4 OF THE SW 1/4 OF THE NE 1/4 OF
SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST.
PARCEL 00149480002: THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST
ONE-QUARTER (NE 1/4) OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE
NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA AND THE NORTHWEST ONE-QUARTER (NW 1/4) OF
THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4)
OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
PARCEL 00149800006: THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHWEST
ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4), OF THE
NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA; AND THE NORTHWEST ONE-QUARTER (NW 1/4) OF
THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4),
OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA;
PARCEL 00151120004: THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHWEST
ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4), OF THE
NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA;
PARCEL 00148400009: THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST
ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4), OF THE
NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA;
PARCEL 00150960003: THE E.1/2 OF THE N.1/2 OF THE S.W. 1/4 OF THE SW. 1/4 OF THE
N.E. 1/4 SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
III ]!2008 Bee hearing
~8A ",I
EXHIBIT D
for Brandon Residential Planned Unit Development
Page 2 of 4
FLORIDA; THE WEST 15 FEET OF THE DESCRIBED PROPERTY IS RESERVED FOR
EASEMENT PURPOSES.
LESS
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.88020'15"W., ALONG THE
SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2650.16
FEET, TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 13;
THENCE RUN N.00036'50''W., ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID
SECTION 13, FOR A DISTANCE OF 2692.40 FEET, TO THE SOUTHWEST CORNER OF THE
NORTHEAST 1/4 OF SAID SECTION 13; THENCE CONTINUE N.00036'50''W., ALONG THE
WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 336.73
FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN
N.88031'06"E., ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF
331.82 FEET, TO THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13,
AND THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.00036'15''W., ALONG THE
WEST LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF
180.39 FEET, TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST,
WHOSE RADIUS POINT BEARS N.55" 10'01 "E. A DISTANCE OF 1772.36 FEET THEREFROM;
THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 07018'23",
SUBTENDED BY A CHORD OF 225.86 FEET AT A BEARING OF S.38"29'11 "E., FOR A
DISTANCE OF 226.01 FEET, TO THE END OF SAID CURVE AND A POINT ON THE SOUTH
LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST
1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN S.88031'06"W., ALONG
THE SOUTH LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF
138.70 FEET TO THE POINT OF BEGINNING, CONTAINING 0.27 ACRES, MORE OR LESS.
PARCEL 00149680006: THE SW 1/4 OF THE NW 1/4 OF THE SE 1/4 OF THE NE 1/4 OF
SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST.
PARCEL 00148160006: THE NE 1/4 OF THE SW 1/4 OF THE NE 1/4 OF THE NE 1/4, SECTION
13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
:VI 1/2008 Bee hearing
~~8 A
EXHIBIT D
for Brandon Residential Planned Unit Development
Page 3 of 4
PARCEL 00149440000: THE SOUTHEAST ONE-QUARTER (SE-I/4) OF THE NORTHEAST
ONE-QUARTER (NE-I/4) OF THE SOUTHWEST ONE-QUARTER (SW-I/4) OF THE
NORTHEAST ONE-QUARTER (NE-I/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST.
PARCEL 00151200005: THE SOUTHWEST ONE-QUARTER (SW-I/4) OF THE NORTHEAST
ONE-QUARTER (NE-I/4) OF THE SOUTHWEST ONE-QUARTER (SW-I/4) OF THE
NORTHEAST ONE-QUARTER (NE-I/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST.
PARCEL 00148080005: A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION
13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER
OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA; THENCE RUN N.88057'29E., ALONG THE SOUTH LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 862.17 FEET TO A
POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD, A 275.00 FOOT
RIGHT-OF-WAY, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE CONTINUE N.88057'29"E., ALONG THE SOUTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 133.12 FEET TO THE
SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTEROF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE
RUN N.00007'26"W. ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 13, FOR A DISTANCE OF 672.76 FEET TO THE NORTHEAST CORNER OF THE
WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.88059'57"W., ALONG THE
NORTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF
331.87 FDEET TO THE NORTHWEST CORNER OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 13; THENCE RUN S.00"08'03"E, ALONG THE WEST LINE OF THE WEST HALF OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF TEH NORTHEAST
QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.50 FEET TO THE NORTHEAST
CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13,THENCE RUN
S.88058'45"W., ALONG THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A
DISTANCE OF 193.14 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
LIVINGSTON ROAD A 275.00 FOOT RIGHT-OF-WAY, THE SAME BEING A POINT ON A
CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS
N.48019'14"E. A DISTANCE OF 1772.36 FEET
:Vl1/200g Bce hearing
f"'8A 'I''',
EXHIBIT D
for Brandon Residential Planned Unit Development
Page 4 of 4
THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO
THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF
16037'26", SUBTENDED BY A CHORD OF 512.43 FEET AT A BEARING OF S.49059'30"E., FOR
A DISTANCE OF 514.23 FEET TO THE POINT OF BEGINNING; CONTAINING 5.25 ACRES,
MORE OR LESS.
:;/ I ] /2008 Bee hearing
EXHIBIT E
for Brandon Residential Planned Unit Development
f SA
LIST OF REQUESTED DEVIATIONS
Deviation #1 seeks relief from LDC, Section 6.06.01 (also Code of Laws and Ordinances
Administrative Code Section 2-l2.C.13.e.) which requires minimum local street right-ot:way width of
60 feet.
Minimum right-of-way width of 50 feet is requested for local streets within the Brandon RPUD. This
deviation is justified because of the small-scale setting of the neighborhood. This addresses concerns
that a larger road right-of-way is conducive to higher speeds, and physical design of the broader road
right-of-way becomes less articulated and does not relate to the neighborhood scale. A 50-foot right-
of-way for a residential street can successfully facilitate movement of the vehicular, pedestrian and
bike traffic while accommodating all utility and drainage needs. The 50-foot right-of-way
accomplishes traffic calming to provide a safer transportation system within the neighborhood. This
dimension for a neighborhood right-of-way accommodates all the standard roadway functions so that
the development is compact, the native vegetation is less impacted, and open spaces can be
concentrated in areas of the property for enhanced environmental quality.
Additionally, if an access road is designed to connect to the existing 40-foot wide public access
easement located at the northwest boundary of the Verona Pointe subdivision, the applicant requests a
minimum right-of-way width of 40 feet for that section that is an extension of the existing public
access easement.
Deviation #2 seeks relief from Code of Laws and Ordinances Administrative Code Section 2-
l2.C.13.j. which requires tangents for all streets between reverse curves, unless otherwise approved by
the County Manager, or his designee, pursuant to LDC, Section 10.02.04.
Tangents shall not be required between reverse curves on any project streets. This deviation is justified
because it is consistent with the Code provision for administrative discretion. The streets within the
Brandon RPUD are not at a traffic capacity or speed level to require tangents between reverse curves.
The site is designed with straight section curves and no super-elevated curves. With a speed limit of 25
mph, the design promotes traffic calming.
Deviation #3 seeks relief from Code of Laws and Ordinances Section 22-112 which requires for
excavated areas a maximum four to one slope from existing grade to a breakpoint at least 10 feet below
the control elevation. Below this breakpoint, slopes shall be no steeper than two to one.
Lake cross sections will adhere to South Florida Water Management District (SFWMD) minimum
standards as identified in Drainage Details & Cross Sections, Sheet II. Additional reduction in that
cross sectional area of the lake beyond the standards required by SFWMD will reduce the water quality
coming out of the proposed lake cross section.
3/11/2008 Bee hearing
SA
EXHIBIT F
for Brandon Residential Planned Unit Development
Page 1 of4
DEVELOPMENT COMMITMENTS
GENERAL:
Development of the Brandon RPUD is proposed for completion in 2012.
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, FOOT Design Standards, current edition, and the Manual
on Uniform Traffic Control Devices (MUTCD), current edition.
B. Access points shown on the RPUD 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.
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 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 c10sc 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 rights-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
first subsequent development order. The typical cross section may not differ from the existing
roadway unless approved, in writing, by the Transportation Division Administrator or his
designee. Upon closure of the turn lane along Livingston Road, the County shall return the
compensating right-of-way back to the developer, its successors, or assigns.
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, are determined to be necessary, the fair
:;/11/2008 Bee hearing
~
SA
EXHIBIT F
for Brandon Residential Planned Unit Development
Page 2 of 4
share cost of such improvement shall be the responsibility of the developer, its successors or
assigns. The improvements shall be paid for or installed prior to the issuance of the
appropriate, corresponding CO. Additionally, proportionate fair share payment will be
determined by a traffic study and will be paid by the developer to Collier County prior to SDP
or PPL approval consistent with the terms of the attached Exhibit G, entitled "Interlocal
Agreement by and bctween Collier County and the School District of Collier County" dated
August 16, 2007 (OR Book 4281, Page 1295).
G. The interconnection point via Verona Pointe shown on the RPUD Master Plan is conceptual,
and dependent upon the timing to obtain required, private cross-access easements. This access
point design for the incoming development traffic is contingent upon perpetual cross-access
easement dedications from affected property owners being made in writing to allow unrestricted
ingress and egress for the Brandon RPUD within 90 days of adoption of the Brandon RPUD
Ordinance. If perpetual-cross access easement dedication is not achieved as contemplated
within 90 days of adoption of the Brandon RPUD Ordinance, then upon notification by
Transportation Staff, the developer, or successor, shall design, permit, and construct a two-lane
roadway within a 40-foot wide road right-of-way (which will include a single 5-foot sidewalk
in the typical section) connecting to Verona Pointe with a one-way southbound travel way
within the restricted area for exiting development traffic. Construction and maintenance costs
shall be funded by fair share contributions of the property owners gaining access from
extension of the cross-access easements. The private cross-access easements, once recorded,
shall be the primary access for the Brandon RPUD to Livingston Road, and any then existing
right-in access driveway along Livingston Road constructed as shown on the Brandon RPUD
Master Plan shall be eliminated within 180 days of completion of the full two-lane road
connection through Verona Pointe.
If the cross-access easements are not obtained within 90 days of adoption of this Ordinance,
then in the interim, until such cross-access easements may be obtained and recorded, a right-in
only access point shall be permitted at the Livingston Road access driveway shown on the
Brandon RPUD Master Plan. Once the perpetual cross-access easements are subsequently
achieved and recorded to allow full connection to the Verona Pointe public access easement,
then the developer, or successor, shall design, permit, and construct a second lane for incoming
development traffic within the 40-foot right-of-way.
H. All internal roads, driveways and sidewalks within the Brandon RPUD shall be operated and
maintained by the developcr, its successors, or assigns, in perpetuity.
I. Access points for connection to off-site properties to the east are shown on the RPUD Master
Plan. The costs for providing access through each access point for interconnection will be
determined by the developer and such landowners as may desire to use anyone or more access
point(s), or in the alternative, as provided for by general law.
J/ll/2008 Bee hearing
5
SA
"
EXHIBIT F
for Brandon Residential Planned Unit Development
Page 3 of 4
WATER MANAGEMENT:
The Brandon RPUD conceptual surface water management system is described in the Water
Management Report, which has been included in the RPUD rezone application materials. Water
management infrastructure shall be operated and maintained by the developer until conveyed to the
homeowners' association.
UTILITIES:
A. Water distribution, sewage collection and transmission systems shall be constructed throughout
the project by the developer. Potable water and sanitary sewer facilities constructed within the
platted rights-of-way or within dedicated utility easements shall be conveyed to the Collier
County Public Utilities Division.
B. All customers connecting to the potable water and sanitary sewer system shall be customers of
the Collier County Public Utilities Division.
ENVIRONMENTAL:
A. Special Treatment (ST) Overlay District designations shall be eliminated from the subject
property.
B. All preserve areas shall be identified as separate tracts and be protected by a permanent
conservation easement to prohibit further development. Conservation easements shall be
dedicated on the plat, or at time of SDP approval, to the homeowners' association, or like
entity, for ownership and maintenance responsibility and to Collier County with no
responsibility for maintenance.
C. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to
protected species. A Habitat Management Plan for Big Cypress Fox Squirrel shall be submitted
to Environmental Review Staff for review and approval prior to SDP or subdivision plat
approval.
INDEMNITY AGREEMENT:
The developer agrees to indemnify, defend, and hold harmless the County in the event of the County
being named in any suit brought by adjacent or nearby land owners of undeveloped property to
establish lawful access, including defending the County's interest at hearing or trial; except that the
developer will not be responsible for any expenses for outside counsel that the County may otherwise
seek to retain in such matter.
3/1112008 Bee hearing
8A
,
EXHIBIT F
for Brandon Residential Planned Unit Development
Page 4 of 4
AFFORDABLE HOUSING:
The developer has offered a voluntary payment of $1 ,000.00 to the Collier County Affordable Housing
Trust Fund at the time of the first and each subsequent issuance of building permit for the construction
of dwelling units within the Brandon RPUD. This commitment and the subsequent payments shall be
credited against any subsequently adopted affordable, work force, and/or other gap housing or housing
needs impact fee, mitigation, exaction, fee, contribution, linkage fees, and/or other similar tax or
charge which would otherwise be applicable to the Brandon RPUD, as may be so contemplated and
provided for by such subsequently adopted provisions.
JIIl/200R Bee hearing
8A
!~.
. .,7"f
EXHIBIT G
for Brandon Residential Planned Unit Development
INTERLOCAL AGREEMENT
BY AND BETWEEN
COLLIER COUNTY AND THE SCHOOL DISTRICT OF
COLLIER COUNTY
Veterans Memorial Elementary School- County Transportation Improvements
OR BOOK: 4281 PG: 1295
3/11/2008 Bee hearing
Retn:
cml TO THI IOARD
IITlIOrrICI 4TH r1OO1
lIT 7240
4071590 OR: 4281 PG: 1295
IlCORDID in tbe OrrICIAl RICORDS of COlLIIR CO~WlY. rl
09/13/2001 at 11:21AK DWIGHT I. BIOCI. CLIIX
8A
DC nl 27.00
coms 3.00
. INTERLOCAL AGREEMENT
BY AND BETWEEN
COLLIER COUNTY AND THE SCHOOL DISTRICT OF COLLIER COUNTY
Veterans Memorial Elementarv School- County TransDortation ImDrovements
This Interlocal Agreement ("Agreement"), dated this JiJl!' day of I+.nw:.- ,
2007, is by and between the School District of Collier County ("Distri~r
County, a political subdivision of the State of Florida ("County").
Recitals
WHEREAS, the County
the Project, in excess of the D'
from the owners of other
Boulevard that will directly, e
burse the District for costa of
of the traffic signal project,
ong Veterans Memorial
WHEREAS, the
to conswnmate this A
address any potential tr
developments located a10n
NOW THEREFO ~1rt.
($10.00), and other good and v nsideratio
is hereby mutually acknowledged,' 'SJa
in d and mutually agreed
'S~ of the Project and to
01 hool and other future
o
. es, the sum ofTen Dollars
ipt and sufficiency of which
en 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.
2. This Agreement is entered into pursuant to the provisions of Section 163.0 I,
Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969. "
3. The parties have entered into this Agreement in good faith and covenant to
cooperate with each other in order to fulfill the intent of this Agreement so as to better
serve the residents of Collier County.
4. Construction of Proiect. The District shall pay for the cost of designing
and constIucting the Project as the School is the first project located along Veterans
Memorial Boulevard. Upon completion of the Project, the District shall submit to the
County a detailed summary of all the costs incurred in connection with the Project (the
SA
OR: 4281 PG: 1296
"Project Cost"). Any subsequent modifications, maintenance, and/or repairs to the
Project shall be paid for solely by the County.
5. Reimbursement of Proiect Cost. To reimburse the District for the Project
Cost, the County shall collect funds on a proportionate share basis from the owners of
o1her future developments located along Veterans Memorial Boulevard that will directly
benefit from the Project as determined by traffic studies (the "Collection"). The Cowty
shall not grant any development approvals for developments that are subject to the
Collection without determining and making arrangements for the collection of such
amounts. The County shall transfer the Collection to the District within 90 days of
receipt. The County shall have the obligation to perform the Collection until the District
has been reimbursed for Project Costs in excess of the District's proportional fair share
obligation. The District's proportional fair share obligation will be determined by traffic
studies following completion ofthe Project and opening of the School.
ct rized as a development
~ tAct.
0;:
of thi::5 eement to address any
permit, condition, term or . ction shall not re e i fb e applicant or owner, or
their successors or assigns, 0 cessity of c;;mPIYl . any law, ordinance, role or
regulation governing said perm" ~ s, terms or restrictions.
lIE C1~
9. In the event of a dispute un . greement, the parties shall first use the
Comty's then-current Alternative Dispute Resolution Procedure. Following the
conclusion of this procedure, either party may file an action for injunctive relief in the
Circuit Court of Collier County to enforce the terms of this Agreement, said remedy
being cumulative with any and all other remedies available to the parties for the
enforcement of this Agreement. In the event any litigation is instituted with respect to
this Agreement, the party prevailing in said litigation shall be entitled to collect and
recover from the opposite party all court costs and other expenses including reasonable
attorney's fees.
6. This Agreement s
Collier County, Florida, with.
Collier County shall pay al c
document will be provi to
I"egal Matters
;:::--...,
unty in the Official Records of
greement is fully executed.
me t. A copy of the recorded
rda ion.
10. This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida. With respect to the subject matter herein, this Agreement is
the entire agreement between the parties, superseding all previous oral and written
representations, Wlderstandings, and agreements between the parties. This Agreement
can only be changed by a writing signed by both parties. Any waiver at any time by
either party of its rights with respect to any matter arising in connection with this
2
; SA
ttl OR: 4281 PG: 1297 It*
AgJeement shall not be considered a waiver of such rights or matters by either party at
any subsequent time. This Agreement shall take effect on the date first above written and
shall continue in effect until the parties mutually detennine that it is no longer needed or
until termination pursuant to the tenns hereof.
A1JEST:' .' ,~; BOARD OF COUNTY COMMISSIONERS
, DWIgHIE. BR'e~K, Clerk COLLIER CO TV FL
$ .;^,,;,<.~,~
.-: By:~. .,' a.(,
.'. ,. itt41i'~' lilerk
:'/. t. '. Jlli\.
.I ~. . .....
A . . . Conn and legal sufficiency:
Jeffrey ow,
Mana' A istant County A
ArrEST:
By:
and legality:
3
"SA
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 2008-13
Which was adopted by the Board of County Commissioners
on the 11th day of March, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 19th
day of March, 2008.
DWIGHT E. BROCK
Clerk of Courts q~1~l~k
.......,. ;,-'
Ex-officio to BOard"Cif";.
County commisslb~t\!i . '. ,;;
"-' ;~,~ '" .' ;"
~>..~'"i.I;.'.-'''''
~ """-'~..~
!Q.' ..,_...,' f .
: Teresa polas~~:t.y
Deputy Clerk
.1
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
88
t'(-1
"1
To: Clerk to the Board: Please place the fonowing as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
.********.****.***.**..*****.....**..**...**....******.*.**********************..************.*******
Originating Deptl Div: Comm.Dev.ScrvJ Planning
Date:
person: John-David Moss, AICP
r
Petition No. (If none, give brief description): PUDZ.2oo7.AR.12248, Napoli Village
Petitioner: (Name & Address): Robert Duane, Hole Montes, 950 Encore Way, Naples, FL 34110
Name & Address of any pcrson(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC
BZA
Other
Requested Hearing date:
March II. 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: PUDZ-2007-AR-12248 (lDM) Sabal Palm
Development, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc. and Richard D. Yovanovich of Goodlette.
Coleman. and Johnson, requesting a rezone from the Rural Agricultural (A) to the Commercial Planned Unit Development
(CPUD) Zoning District for a project to be known as Napoli Village. The +/-8.97. acre site is proposed to pennit an adult
congregate living facility, comprising two four.story buildings. The subject site is located east of Tamiami Trail North (US 41),
west of Sterling Oaks PUD, and north of tbe Community Congregational Chruch, at 15450 Tamiami Trail North, in
Section 9, Township 48 South, Range 25 EJt.'5t, Collier County, Florida
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:
Reviewed by:
~'-fn.~
Department Head
'2.jQ ItJ~
Date
Approved by:
Date
County Manager
List Attachments:
D1STRffiUTlON 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 hearing: __ Date Advertised: ~
/
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
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 "CPUD" COMMERCIAL PLANNED UNIT
DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE NAPOLI
VILLAGE CPUD, LOCATED WEST OF TAMIAMI TRAIL NORTH
(US 41), IN SECTION 9, TOWNSHll' 48 SOUTIl, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 8.97+/- ACRES;
AND BY PROVIDING AN EFFECTNE DATE.
88
. A1;:~
WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc., representing Sabal Palm
Development, 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 9,
Township 48 South, Range 25 East, Collier County, Florida, is changed from an Agricultural (A)
Zoning District to a "CPUD" Commercial Planned Unit Development Zoning District for a
project to be known as the Napoli Village CPUD in accordance with the Exhibits A through F,
attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps,
as described in Ordinance Number 2004-41, as amended, the Coilier 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
Conunissioners ofeallier County, Florida, this day of .2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
TOM HENNING, CHAIRMAN
Approved as to fonn
and legal sufficiency:
~1t'" 111. E.\f:."'I-wL -~
Marjon . Student-S lrling
Assistant County Attorney
Exhibit A- List of Permitted Use.
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - List of Requested Deviations from the LDC
Exhibit F - Development Commitments Specific to the Project
. .
. ,
EXffiBIT A
, 8 B
Napoli Village CPUD
LIST OF PERMITTED USES
I. PERMITTED USES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or in part, for other than the following:
A. Principal Uses and Structures:
I. Assisted living facilities and independent living facilities for persons over age
55.
B. Accessory Uses and Amenities
The following uses shall comprise a minimum of 20 percent of the total amount of
gross floor area:
I. Dining rooms, small meeting areas for socializing, bingo, card games, etc.,
balcony gathering areas, atrium gathering areas, indoor facilities such as
rehabilitation room, beauty shop, medical support facilities, media and
exercise rooms, personnel service areas imd similar kinds of uses to support
the facility.
2. Any other accessory and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, pursuant to the process outlined in
the Land Development Code (LDC).
C. Miscellaneous Accessory Uses and Amenities
The following uses shall not be counted towards the minimum 20 percent of the
total amount of gross floor area:
1. Signs, water management areas, essential services, covered parking facilities,
van transportation area, nature trails, outdoor recreational facilities such as
swimming pool and deck and similar kinds of uses to support the facility.
2. Any other accessory and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, pursuant to the process outlined in
the LDC.
, ,
II.
PRESERVE TRACT USES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or in part, for the preserve area depicted on the CPUD Master Plan, which shall be a minimum of
1.36 acres, other than the following:
A. Principal Uses and Structures:
I. Passive recreation areas, boardwalks and recreational shelters.
2. Water management and water management structures.
3. Mitigation areas.
4. Passive recreational uses such as pervious nature trails or boardwalks are allowed
within the preserve areas, as long as any clearing required to facilitate these uses
does not impact the minimum required vegetation.
5. Any other conservation and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the
LDC.
8 8 II' ti"
EXHI BIT A
"}'93 ~
i.VL:
EXHmlT B
Napoli ViUage CPUD
DEVELOPMENT STANDARDS
Development of The Napoli Village CPUD 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 pennit, 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, the C-3
(Commercial Intennediate District) of the LDC shall apply.
Table I below sets forth the development standards for land uses within the CPUD
Commercial Subdistrict. Standards not specifIcally set forth herein shall be those
specifIed in applicable sections of the LDC in effect as of the date of approval of the SOP
or subdivision plat.
TABLE I
COMMERCIAL DEVELOPMENT STANDARDS
A. PRINCIPAL STRUCTURES
MINIMUM LOT AREA
MINIMUM LOT WIDTH
MINIMUM FLOOR AREA
MINIMUM FRONT YARD
MINIMUM SIDE YARD
MINIMUM REAR YARD
MINIMUM PRESERVE SETBACK
MINIMUM DISTANCE BETWEEN
PRINCIPAL S1RUCTIJRES
N/A
N/A
N/A
25 feet
25 feet
25 feet
25 feet
1/2 building height (BH)
MAXIMUM BUILDING
HEIGHT
4-Stories, not to exceed 50-foot
zoned BH or 67-foot actual BH
The setback from the east property line shall be a minimum of 150 feet.
The delivery service areas will be limited to the north and south of the proposed building
or buildings.
, .
d i3 ,Ii,' I
B,ACCESSORYSTRUCTURES
FRONT SETBACK 15f~t
SIDE SETBACK 10 feet
REAR SETBACK 10 feet
PRESERVE SETBACK 10 f~t
MINIMUM DISTANCE BETWEEN
ACCESSORY STRUCTURES 10 feet
MAXIMUM BUILDING
HEIGHT NOT TO EXCEED I story, not to exceed 25 f~t zoned height
GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be
in relation to individual parcel or lot boundary lines, or between structures.
C. DEVELOPMENT INTENSITY
A maximum floor area ratio of 0.60 is permitted for this CPUD, equivalent to a
maximum of two-hundred thirty-four thousand four-hundred forty feet (234,440) square
feet of living area.
The maximum number of units shall be 225 units. Out of this number of units, the total
number of independent living units shall not exceed 175 units.
The maximum amount of area devoted for project amenities shall comprise a minimum
of 20 percent (20%) of the total amount of floor area (see Exhibit A. I. B, for the
permitted accessory uses and amenities).
EXHIBIT B
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EXHIBIT C
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EXHIBIT D
Napoli Village CPUD
LEGAL DESCRIPTION
(OR Book 1847, Page 1850)
So much of the South 332 feet of the North 732 feet of the South 'h of the North
y, of Section 9, Township 48 South, Range 25 East, Collier County, Florida, all
lying East of U.S. 41. And
(O.R. Book 1847, Page 1848)
So much of the South 'h of the North 1/2 of Section 9, Township 48 South, R25E,
as lies East of U.S. 41, Collier County, FL, less the North 732 feet thereof, and
also less the following described parcel.
Commencing at the intersection of the East-West 'h section line of Section 9,
Township 48 South, Range 25 East and the eastern right-of-way of State Road 45
(U.S. Highway 41) as monumented by the Florida Department of Transportation,
as a place of beginning:
Thence in a northerly direction along the eastern right-of-way line of State Road
45 (U.S. Highway 41), a distance of 400 feet;
Thence in a easterly direction, parallel to, and a distance of 400 feet from, the
East-West V. section line of Section 9, Township 48 South, Range 25 East, a
distance of 545.00 feet:
Thence in a southerly direction, parallel to, and a distance of 545.00 feet from, the
eastern right-of-way line of State Road 45 (U.S. Highway 41), a distance of 400
feet.
Thence in a westerly direction along the East-West V. section line of Section 9,
Township 48 South, Range 25 East, a distance of 545.00 feet to the place of
beginning.
.;p'\,
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88
"
EXHIBIT E
Napoli Village CPUD
LIST OF REQUESTED DEVIATIONS FROM THE LDC
This deviation seeks relief from LDC Section 5.05.04 D.l to allow the floor area ratio
(FAR) to be increased from 0.45 to 0.60 for an adult living facility. Since the 0.45 FAR
was established many years ago, building code changes have resulted in an increase in
the size of public areas. In addition, the level of amenities provided to serve residents has
increased, as has the unit size demanded by residents. To meet the demand for increased
amenities, the minimum amount of on-site recreational and support amenities shall
comprise a minimum of 20 percent of the total amount of floor area (see Exhibit A. I. B,
for the permitted accessory uses and amenities).
88
EXHmIT F
Napoli Village CPUD
DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT
1. TRANSPORT A nON REQUIREMENTS
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, FOOT 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 final certificate of occupancy (CO).
C. Access points shown on the CPOOMaster 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 boundary. 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 POO
amendment is approved.
D. Site related improvements (as opposed to system related improvements) necessary
for safe ingress and egress to this project, as detennmed 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.
E. Nothing in any development order (DO) shall vest a right of access in excess of a
right-inlright-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 10 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 compensating rights-of-way or easements 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 first site
development plan approval stage. The typical cross-section may not differ from
.'~
,
88
.'
1
the existing roadway unless approved, in writing, by the Transportation Division
Administrator, or his designee.
G. If, in the sole opinion of CoIlier 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 detennined
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 ofthe appropriate corresponding CO.
2. ENVIRONMENTAL REQUIREMENTS
The purpose of this Section is to set forth the environmental commitments of the
project developer.
A. All conservation/preservation areas (1.35 acres minimum) shall be
designated as Preserve on all construction plans, and shall be recorded on
the plat as a separate tract or easement with protective covenants per or
similar to Section 704.06 of the Florida Statues. Preserve areas shall be
dedicated on the plat to the project's homeowners association or like entity
for ownership and maintenance responsibilities and to Collier County with
no responsibility for maintenance.
EXHIBIT F
q r:
t:: i'
February 12,2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-2007-AR-12248: Napoli Village
Dear Legals:
Please advertise the above referenced notice on Sunday, February 24, 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
SB
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, March 11, 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 AGRICULTURAL (A) ZONING
DISTRICT TO "CPUD" COMMERCIAL PLANNED UNIT DEVELOPMENT FOR A
PROJECT TO BE KNOWN AS THE NAPOLI VILLAGE CPUD, LOCATED WEST OF
TAMIAMI TRAIL NORTH (US 41), IN SECTION 9, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.97 +/-
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
Petition: PUDZ-2007-AR-12248, Sabal Palm Development, LLC,
represented by Robert L. Duane, AICP, of Hole Montes, Inc. and
Richard D. Yovanovich of Goodlette, Coleman & Johnson, requesting a
rezone from the Rural Agricultural (A) to the Commercial Planned Unit
Development (CPUD) Zoning District for a project to be known as
Napoli Village. The +/- 8.97-acre site is proposed to permit an adult
congregate living facility, comprising two four-story buildings. The
subject site is located east of Tamiami Trail North (US 41), west of
Sterling Oaks PUD, and north of the Community Congregational Church,
at 15450 Tamiami Trail North, in Section 9, 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 included in the
Board agenda packets must submit said material a minimum of 3 weeks
"B ",
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.
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
Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380;
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
[:~o~tY9f Cb\Uier
CLERK OF THE CIRCU1T COURT
COLLIER COUNTY d:OURT~OUSE
3301 TAMIAMI 1(~IL EAST
P.O. BOt 413044\
NAPLES, FLORIDA 1'~101-30~4
...
88
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
February 12,2008
Hole Montes
Robert Duane
950 Encore Way
Naples, FL 34110
Re: Notice of Public Hearing to consider Petition
PUDZ-2007-AR-12248: Napoli Village
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, March 11, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 24, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
.~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Web site- www.c1erk.collier.t1.us
Fax- (239) 775-2755
Email-collierclerk@c1erk.collier.t1.us
.
,
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W
Martha S. Vergara
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Wednesday, February 13, 2008 9:05 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT978528.txt; PUDZ-2007-AR-12248, Napoli Village
.""1
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F"""1
L.:::..J
ATT978528.txt
(231 B)
PUDZ-2007-AR-122
48, Napoli Vii..
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
Page 1 of 1
Martha S. Vergara
88
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Wednesday, February 13, 2008 11 :08 AM
To: Martha S. Vergara
Subject: RE: PUDZ-2007-AR-12248, Napoli Village
OK
-,._^---,.,~-----_...~------~-_._-------_._-~-_._------'~'--'-------'-------~'"
From: Martha 5. Vergara [mailto:Martha.Vergara@collierderk.com]
Posted At: Wednesday, February 13, 20089:05 AM
Posted To: Legals - NDN
Conversation: PUDZ-2007-AR-12248, Napoli Village
Subject: PUDZ-2007-AR-12248, Napoli Village
Pam,
This time I remembered to attach.. .LOL
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
2/13/2008
"APLES DAILY NEWS
Publislied Dali,
Naples. FL 1-1102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned thc~ serve as the authority. personally
appeared 1;3, ~gmb. who on oath says that the)
serve as the Assistant Corporate Secretary of the Naples Daily.
a daily ne\\spaper published at Naples. in Collier COllnty.
Florida: dislribuled in Coilicr and Lee counlies or Florida: that
the att:lchcd copy of the advertising. being a
PUBLiC NanD..'
in the matter or PUBLiC NOTICE
\vas published in said ncwsp<lper 1 time in the issue
on February 2-1<1'. 200S
.\ITiant f1ll1hcr sa)~ that the said :\'apks Daily j\;..:ws is a newspaper
puhlished at :\ap1cs. 111 said Collier (\mnty. rlorida. and that the said
l1<:\Vspapa has hc:r..::loforc heen continuousl:... published in said Collier
("lunt\'. r1orida~ distrilmtcd in Collier and Lee counties ol'J-'lorida,
...ad1 da\' and has h...~n .:nkn;d as s..:cond class mailll1atter at the post
nlli"c' in '..;apks, in said Collier COllnt\'. Florida. ror a period or I
,>'.car 11":.'(( pren.:dillg th..: first publi..:ation orthe atta.:hed COP'l-' or
ad\-crtiscm..:nt: and :lfliant further says that he has neither paid nor
pT<lmi~ed an\' person. firm or corporation any dis<:mmt, rehate.
..:ommission or rdund for the purpose of s..:curing this advertisement I'm
~:Ath';:SP"P"
( Signature of affiant)
Sworn to and subscribcd beforc mc
This 2-1'".orFcbmary 200S
(Sigr~~p;~~;"N2>.6_.
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sent.. by Rob.rt L'l
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~; Ine. and Richard
, OYanovlch 01 Good.
.If Coleman ,. JOhn-
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Rural Ag.
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cornm, erclal Planned
Unit Development
(C-PUt)) Zol'\Jng l)lltrlct
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knOWn At. , ' II 'VIUage.
The +/- -acre sh:e Is
pro~ole to pttmlt an
adu t congregate living
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1IItI. tlf ao.nda pa.k. .
. Submit salel ..
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I,. a minimum of SlV-
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p C _'no. All m..
ter ,u.ed 11'1- Itre.enta.
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W1!t. ~jome I p.rma.
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BOAU 0' eGUN1'\'
COMMllSlONERS
COL,LH:R COUtfTY,
FLOAIOA' .
~~~\*NHI~Q. ~CHA....
DWIGHT E. BROCK,
CLERK '.
By: Martha Y.~"l
Deputy Clark " .......
(SEAL'. ,"
Feb. 24 No; 1670609
---
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI~ 8 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 the Board Office. The completed routing slip and original
documents are to be forwarded to the Board omce only !!"ill: the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor infonnation needed. If the document is already complete with the
n,
'.
, '-",.,
excention of the Chairman's silmature, draw a line throUl~h routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5\,
Route to Addressee(s) Office Initials Date
(List in routing- order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court.s Office
PRIMARY CONTACT INF'ORMATION
(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 BCC office only after the BCe has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
~
,
~-;-'
)
Yes
(Initial)
N/A (Not
A licab]e)
Phone Number
J
Agenda Item Number
9ft
~"--
;--' r .
I: Formsl County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
oo-'~
[I
fU'rvL-f1. C-.e...-,
Number of Original
Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate,
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officia]s.)
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 heen 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 2 D (enter date) and all changes
made during the meeting have been incorporate in the attached document. The
Count Attorne '5 Office has reviewed the chao es, if a Iicable,
2.
3,
4.
5.
6,
MEMORANDUM
Date:
March 25, 2008
To:
John-David Moss, Principal Planner
Zoning and Land Development Review
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-14
Enclosed please find one (1) copy of the document as referenced above,
(Agenda Item #8B), which was adopted by the Board of County
Commissioners on Tuesday, March 11,2008.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosure
, 88
188
, I'fff
MEMORANDUM
Date:
March 25, 2008
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-14
Attached, please find one (1) copy of the document referenced above (Agenda
Item #8B), as approved by the Board of County Commissioners on Tuesday
March 11, 2008.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosure
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
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS
BY CHANGING THE ZONING CLASSIFICA nON OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A)
ZONING DISTRICT TO "CPUD" COMMERCIAL PLANNED UNIT
DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE NAPOLI
VILLAGE CPUD, LOCATED WEST OF TAMIAMI TRAIL NORTH
(US 41), IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY. FLORIDA. CONSISTING OF 8.97+/- ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
f 88
!'4
WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc" representing Sabal Palm
Development, 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 9,
Township 48 South. Range 25 East. Collier County, Florida, is changed from an Agricultural (A)
Zoning District to a "CPUD" Commercial Planned Unit Development Zoning District for a
project to be known as the Napoli Village CPUD in accordance with the Exhibits A through F,
attached hereto and incorporated by reference herein, The appropriate zoning atlas map or maps,
as described in Ordinance Number 2004-4 I, 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 //-!f; day of 1A.ti-7'C"-. ,2008,
,
ATTEST:
D~:r::~ ~C
~t lS,to~~I.~tyClerk
A~'tn'.brriJ/ ..
and lega],sufficiel),,,f
(, . !~,u ;:"1.,,, .
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY. FL RIDA
':mdAAV"ll , ,Yn. {j-/:;(j.i p -u,{ - fj;{.u..f0w
~, Student-Slirling ,'l
Assistant County Attorney
Exhibit A - List of Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - List of Requested Deviations from the LDC
Exhibit F - Development Commitments Specific to the Project
EXHIBIT A
88
Ni'.~
Napoli Village CPUD
LIST OF PERMITTED USES
I. PERMITTED USES
No building or structure, or part thereof, shall be erected. altered or used, or land used, in whole
or in part, for other than the following:
A. Principal Uses and Structures:
1. Assisted living facilities and independent living facilities for persons over age
55.
B. Accessory Uses and Amenities
The following uses shall comprise a minimum of 20 percent of the total amount of
gross floor area:
I. Dining rooms. small meeting areas for socializing, bingo, card games, etc.,
balcony gathering areas, atrium gathering areas, indoor facilities such as
rehabilitation room, beauty shop, medical support facilities, media and
exercise rooms. personnel service areas and similar kinds of uses to support
the facility.
2. Any other accessory and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, pursuant to the process outlined in
the Land Development Code (LDC).
C. Miscellaneous Accessory Uses and Amenities
The following uses shall not be counted towards the minimum 20 percent of the
total amount of gross floor area:
I. Signs, water management areas, essential services, covered parking facilities,
van transportation area, nature trails. outdoor recreational facilities such as
swimming pool and deck and similar kinds of uses to support the facility,
2. Any other accessory and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals. pursuant to the process outlined in
the LDC.
Revised 1/16108
18a
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or in part, for the preserve area depicted on the CPUD Master Plan, which shall be a minimum of
1,36 acres, other than the following:
II.
PRESERVE TRACT USES
A. Principal Uses and Structures:
1. Passive recreation areas. boardwalks and recreational shelters,
2. Water management and water management structures.
3. Mitigation areas.
4. Passive recreational uses such as pervious nature trails or boardwalks are allowed
within the preserve areas, as long as any clearing required to facilitate these uses
does not impact the minimum required vegetation.
5. Any other conservation and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the
LDC.
Revised 1/16/08
88
EXHIBIT B
Napoli Village CPUD
DEVELOPMENT STANDARDS
Development of The Napoli Village CPUD 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, the C-3
(Commercial Intermediate District) of the LDC shall apply.
Table [ below sets forth the development standards for land uses within the CPUD
Commercial Subdistrict. Standards not specifically set forth herein shall be those
specified in applicable sections of the LDC in effect as of the date of approval of the SDP
or subdivision plat.
TABLE I
COMMERCIAL DEVELOPMENT STANDARDS
A. PRINCIPAL STRUCTURES
MINIMUM LOT AREA
MINIMUM LOT WIDTH
MINIMUM FLOOR AREA
MINIMUM FRONT YARD
MINIMUM SIDE YARD
MINIMUM REAR YARD
MINIMUM PRESERVE SETBACK
MINIMUM DISTANCE BETWEEN
PRINCIP AL STRUCTURES
N/A
N/A
N/A
25 feet
25 feet
25 feet
25 feet
1/2 building height (BH)
MAXIMUM BUILDING
HEIGHT
4-Stories, not to exceed 50-foot
zoned BH or 67-foot actual BH
The setback from the east property line shall be a minimum of 150 feet.
The delivery service areas will be limited to the north and south of the proposed building
or buildings.
3-14-08
B. ACCESSORY STRUCTURES
FRONT SETBACK
15 feet
SIDE SETBACK
10 feet
REAR SETBACK
10 feet
PRESERVE SETBACK
10 feet
MINIMUM DISTANCE BETWEEN
ACCESSORY STRUCTURES
10 feet
MAXIMUM BUILDING
HEIGHT NOT TO EXCEED
I story. not to exceed 25 feet zoned height
and 30 feet actual BH
GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be
in relation to individual parcel or lot boundary lines, or between structures,
C. PRESERVE TRACT DEVELOPMENT STANDARDS
Same as for Commercial Development Accessory Structures,
D. DEVELOPMENT INTENSITY
A maximum floor area ratio of 0,60 is permitted for this CPUD, equivalent to a
maximum of two-hundred thirty-four thousand four-hundred forty feet (234,440) square
feet of living area.
The maximum number of units shall be 225 units. The first 50 units shall be licensed by
the State of Florida as assisted living units. Any units constructed above 175 units shall
be licensed by the State of Florida up to the maximum of 225 units allowed by this
Ordinance.
The maximum amount of area devoted for project amenities shall comprise a minimum
of 20 percent (20%) of the total amount of floor area (see Exhibit A. 1. B, for the
permitted accessory uses and amenities), (See also Exhibit F. commitments to ensure
continuing care operations.)
3-14-08
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18 B
EXIllBIT D
Napoli Village CPUD
LEGAL DESCRIPTION
(O.R. Book 1847, Page 1850)
So much of the South 332 feet of the North 732 feet of the South Y:z of the North
Y2 of Section 9, Township 48 South, Range 25 East, Collier County, Florida, all
lying East ofD.S. 41. And
(O.R. Book 1847, Page 1848)
So much of the South Y:z of the North 1/2 of Section 9, Township 48 South, R25E,
as lies East of U.S. 41. Collier County, FL, less the North 732 feet thereof, and
also less the following described parcel.
Commencing at the intersection of the East-West Y:z section line of Section 9,
Township 48 South. Range 25 East and the eastern right-of-way of State Road 45
(U.S. Highway 41) as monumented by the Florida Department of Transportation,
as a place of beginning:
Thence in a northerly direction along the eastern right-of-way line of State Road
45 (U.S. Highway 41), a distance of 400 feet;
Thence in a easterly direction, parallel to, and a distance of 400 feet from, the
East-West'!. section line of Section 9, Township 48 South, Range 25 East, a
distance of 545,00 feet:
Thence in a southerly direction, parallel to, and a distance of 545.00 feet from, the
eastern right-of-way line of State Road 45 (U.S. Highway 41), a distance of 400
feet.
Thence in a westerly direction along the East-West'!. section line of Section 9,
Township 48 South, Range 25 East, a distance of 545.00 feet to the place of
beginning.
EXHIBIT E
Napoli Village CPUD
LIST OF REQUESTED DEVIATIONS FROM THE LDC
This deviation seeks relief from LDC Section 5.05.04 D.l to allow the floor area ratio
(FAR) to be increased from 0.45 to 0.60 for an adult living facility. Since the 0.45 FAR
was established many years ago, building code changes have resulted in an increase in
the size of public areas. In addition, the level of amenities provided to serve residents has
increased. as has the unit size demanded by residents, To meet the demand for increased
amenities, the minimum amount of on-site recreational and support amenities shall
comprise a minimum of 20 percent of the total amount of floor area (see Exhibit A. 1. B,
for the permitted accessory uses and amenities).
Revised 1/16/08
8a
88
EXHIBIT F
Napoli Village CPUD
DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT
I, TRANSPORTATION REQUIREMENTS
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, FOOT 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 final certificate of occupancy (CO).
C. Access points shown on the CPUD 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 boundary, 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.
E, Nothing in any development order (DO) shall vest a right of access in excess of a
right-inlright-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 compensating rights-of-way or easements 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 first site
development plan approval stage. The typical cross-section may not differ from
)-14-08
1
88 0'
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.
2. ENVIRONMENTAL REQUIREMENTS
The purpose of this Section is to set forth the environmental commitments of the
project developer.
A. All conservation/preservation areas (1.35 acres minimwn) shall be designated as
Preserve on all construction plans, and shall be recorded on the plat as a separate
tract or easement with protective covenants per or similar to Section 704.06 of the
Florida Statues, Preserve areas shall be dedicated on the plat to the project's
homeowners association or like entity for ownership and maintenance
responsibilities and to Collier County with no responsibility for maintenance.
3. DEVELOPMENT COMMITMENTS TO ENSURE CONTINUING CARE
OPERA nONS
The developer of the independent living units and retirement community, its
successors or assigns, shall provide the following services and/or be subject to the
following operational standards:
A. There shall be on-site dining for the residents,
B. Group transportation services shall be provided for residents for the purposes of
grocery and other types of shopping. Individual transportation services shall be
provided for the residents' individualized needs including but not limited to
medical office visits.
C. There shall be an on-site manager/activities coordinator to assist residents with
their individual needs. The manager/coordinator shall also be responsible for
J.14-08
2
88
1 il,..H'
,
'(
arranging trips to off-site events as well as planning for lectures, movies, music
and other entertainment for the residents at the on-site clubhouse.
D. A wellness center shall be provided on-site. Exercise and other fitness programs
shall be provided for the residents.
E, Each unit shall be equipped with pull cords designed to notify emergency service
providers in the event of a medical or other emergency,
F. Each unit shall be designed so that a resident is able to age-in-place. For example.
kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair
bound resident or bathrooms may be retrofitted to add grab bars.
4. PROPERTY EASEMENT AGREEMENT
The MPUD Master Plan is designed to accommodate an alternate easement
between the subject property and the church property located to the south of the
subject property, In the event the existing easement is not reconfigured, then the
MPUD Master Plan shall be revised at the time of SDP or plat approval to
accommodate the existing easement shared between the two properties.
3-14.08
3
I 8 B · I
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. 2008-14
Which was adopted by the Board of County Commissioners on
the 11th day of March 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th day
of March 2008.
DWIGHT E. BROCK
Clerk of Courts and Cl~rk
Ex-officio to Boar~.9fj;JI-,-",
County commiss~n<;i"S." <'f)
rJ&~i.i~ ."
resa Polask},
Deputy Clerk;"
,.:;
~. ,,\-
,
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~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP , 9 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's si<rnature, draw a line throup"h routino lines #1 throuoh #4, comolete the checklist, and forward to Sue Filson (line #51.
Route to Ad~tessee(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 ofCourt's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending nee approval. Nunnally the primary contact is the perSall who created/prepared the executive
summary. Primary contact information is needed in the event one orthe 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 omce 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 March 11, 2008 Agenda Item Number 9A
Annroved by the BCC
Type of Document Res~tion ~ Number of Original 1
Attached oO'b-lD 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 bccn initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk 1:0 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 "fBCC 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 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chaD es, if a licable.
/
Yes
(Initial)
N/A(Not
A licable)
2,
3.
4,
5,
6,
~)
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
_' 9 A
RESOLUTION NO. 2008-61
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT THOMAS X.
L YKOS TO THE CONTRACTORS' LICENSING BOARD.
WHEREAS, Collier County Ordinance No. 90-105, as amended, which created the
Contractors' Licensing Board, provides that the Board shall be composed of nine (9)
members appointed by the Board of County Commissioners with three (3) consumer
representatives and with a minimum of two (2) members residing within the corporate
city limits of the City of Naples and/or the City of Marco Island, or recommended to the
Board of County Commissioners by the Naples City Council and/or the City Council of
the City of Marco Island; and
WHEREAS, there is currently a vacancy on this Board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from various interested parties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN1Y
COMMISSIONERS OF COLLIER COUN1Y, FLORIDA, that Thomas X. lykos, representing
the category of General Contractor, is hereby appointed to the Contractors' Licensing
Board to fulfill the remainder of the vacant term, said term to expire on June 30, 2009.
This Resolution adopted after motion, second and majority vote.
DATED: March 11,2008
ATTES~: _
DWI-GHT E; ~ROCK, Clerk
BOARD OF COUN1Y COMMISSIONERS
COLLIER COUN1Y, FLORIDA
l.:-'I'-"
uty Clerk
By:
TOM
Attest ll" , .
111Jl11tln CMI1~,.
.?
"
.,
CP:08-BCC-00413;4
'98
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 torwarded 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, andlor information needed. Tfthe document is already complete with the
excention of the Chairman's sip-nature, draw a tine throuQ:h foutin" lines # I throlllJh #4, comnlete the checklist, and forward to Sue Filson line#5t
Route to Ad~,ressee(s) Office Initials Date
(List in routino 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 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 otliee 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
Phone Number
's Office
Agenda Item Number
Extension 8400
9B
Yes
(Initial)
N/A (Not
A licable)
Resolutio
-~0
Number of Original
Documents Attached
,@
N/A
@
I: Fonns! County Fonns/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, R(,'vised 2.24.05
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 Officc 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 exccpt the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified, Be aware of our deadlines'
The document was apprnved hy the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Connt Attorne 's Office has reviewed the chan es, ir a Iicable.
2,
3,
4,
5.
6,
, 98
RESOLUTION NO. 2008-62
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT TERRY CHARLES
HEATH TO THE EMERGENCY MEDICAL SERVICES ADVISORY
COUNCIL
WHEREAS, Collier County Ordinance No. 80-80, as amended, creating the
Emergency Medical Services Advisory Council, provides that the Council shall be
composed of fourteen (14) members; and
WHEREAS, there is currently a vacancy on this Council; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Emergency Medical Services Advisory Council has provided the
Board of County Commissioners with its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Terry Charles Heath,
representing Commission District 5, is hereby appointed to the Emergency Medical
Services Advisory Council to fulfill the remainder of the vacant term, said term to expire
on August 31,2011.
This Resolution adopted after motion, second and majority vote.
DATED: March 11, 2008
'<,'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By, J~b
TOM HENNING, Chairman
ATTEST:
DWIGHT~, SRRf,.K, Clerk
By:
. ,- '.. ',.'
Attest IS to'OI4lnlt1t.lt',
st\lll"turt Ofllof >
Approved as to form and
leg I sufficienc :
Jeffr
Chie
.
CP: 08-BCC -00414
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I 9 0
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I
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 OJ1'ice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
.
excePtion of the Chairman's signature, draw a line through routiOl? 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)
L
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 BCe Chairman '$ signature arc to be delivered to the Bee office only alter 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 March II, 2008 Agenda Item Number 9D
Approved by the BCC
Type of Document Resolution ()J~'( "', 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 fu Ily 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 tbe County Attorney's
Office and all other arties eXCC t the Bce 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 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 ofBCC approva1.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware or your deadlines!
The docnment was approved by the Bee 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 Heable.
Yes
(Initial)
N/A (Not
A licable)
2,
3,
4,
5,
6,
Q)
N/A
I: Forms/ County FOrolS/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
~9D
RESOLUTION NO. 2008-63
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT ANTONIOS H.
KOKKINOS TO THE HABITAT CONSERVATION PLAN
ADVISORY COMMITTEE
WHEREAS, on February 14, 2006, the Board of County Commissioners adopted
Resolution No. 2006-41, re-establishing the Habitat Conservation Plan Advisory
Committee as an ad hoc committee and providing that this Committee shall be
composed of thirteen (13) members; and
WHEREAS, there is currently a vacancy on this Committee; and
WHEREAS, the Board of County Commissioners previously provided publiC notice
soliciting applications from interested parties; and
WHEREAS, the Habitat Conservation Plan Advisory Committee has provided the
Board of County Commissioners with its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNlY
COMMISSIONERS OF COLLIER COUNlY, FLORIDA, that Antonios H. Kokkinos meets the
prerequisites for appointment and is hereby appointed to the Habitat Conservation Plan
Advisory Committee to fulfill the remainder of a vacant term, said term to expire on
September 12, 2009.
This Resolution adopted after motion, second and majority vote.
DATED: March 11,2008
ATTEST:
DWIGtlT€';:~~IZl9$' Clerk
BOARD OF COUNlY COMMISSIONERS
COLLIER COUNlY, FLORIDA
,,".>
,
By:.
Atun., t$~f,....)... ep ty Clerk
sf(Jn~tu"'~ an) ,'" [", c' '
By ~-Lb
TOM HENNING, Chairman
Approved as to form and
leg sufficiency:
.-
, unty Attorney
CP:08-BCC-00412;3
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
]i.-
~~,
Print on pink paper. Attach 10 original UOl'UmL'nt. Oli~inal dOL"lHHl'n\S shnuld be hand dcliVL'rcd III Ih~ B(l,inl Ollicc. Till' completed routing slip and original
documents are to be forwarded 10 the Bu,ml OlfiCi.: only after the Buard has Liken ildion on the itellLI
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
f h eh ., d l' h h r #] h h #4 I I h kl" d f d S FI r
exceptIOn 0 t e airman S sIgnature, ra\Va me t rougr roul1n.g noes t rou" ,complctet1e C cc' 1St, an orwar to uc I son (me #5).
Route to Addressee(s) Office Initials Date
(List in wutin!:! order)
I. .
2,
3. ~
4. Colleen M. Greene Assistant County Attorne()('I\0 CMG 03/14/12008
5, Sue Filson, Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of COUlt' s Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee 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 contact staff for additional
or missing information All original documents needing the Bee Chairman's signature are to he delivered to the Bee office only after the BCe has acted to
approve the item.)
Name of Primary Linda Jackson Best, Contract Specialist Phone Number 252-8990
Staff Contact
Agenda Date Item was March 11, 2008 Agenda Item lO.C
Approved by the BCC Number
Type of Document Review of Work Order No. SCD-FT-3850-08-03 Number of Original Four (4)
Attached Documents
Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate, (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (AIl 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 BeC
Chairman and Clerk to the Board and possibly State Officials,)
2, All handwritten strike-through and revisions have been initialed by the County Attorney's CMG
Office and all other parties except the BCe 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 negotiated contract date whichever is applicable.
4, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are required.
5, In most cases (some contracts are an exception), the original document and this routing slip CMG
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of your deadlines!
6, The document was approved by the BCC on March 11, 2008 (enter date) and all CMG
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the chane's, if applicahle.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
March 19,2008
To:
Linda Jackson Best, Contract Specialist
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Work Order # SCD-FT-3850-08-03
Agreement for Architectural and Engineering Services
for Collier County Government Center
Enclosed please find two (2) original work order agreements, as
referenced above, (Agenda Item #10C) approved by the Board of
County Commissioners on Tuesday, March 11, 2008.
The Finance Department and the Minutes & Records Department have
retained the remaining original agreements.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosures (2)
IDfC'''lIf+<i
10ft
WO.IC OR... . !JCI).FT.31>>411-03
A.ne.... IItr A..........ral ... ............ ..r..... IItr Colli... C_..,
G........ C...
..... J.., 26. 2M$ (C.....M "' SIt')
Tb.ls War'" Ordor I, ror pr.r...ionl .rchit.ctoral ..",1.... ror work kIlDwn .. Ih, Cou,thous.
Sill and ,'- neor red.sian.
Wert II .,.Ino. \. ta. ,rllpoatl lIatd Novelli"' 2" :!il07 wIllo. h auacad ......to a.ttd made
a part of tltl. woik Ord.r. 10 accordallco witlt tIte rorlt. ...11 Coadltl01t1l of tile A.II'o_,"
"reroacod above, Work Order ~Sel>-l."r-n51l-0'-(I3 to ...I....d to Spilll. Cand..l. DMJM.
\4"- or Qi dI~ ProvW. A r~hitDutUtal aAd t:n.Jacuril\~ aCt II Ices ro, the prop.ratiOoA eC the
COU,.........,I ."d ," Ooor ....d..ill.. ,.."'h :lplllh Can...I. OIltJM, prope..' ,;.t.1I Kovombor
16. :l007.
80...<1010 of Work: Compl_ ..ork within 314 day. from r"olpt 0' tho Nollo. to' Pr.oo"".
"Dlborl:!:lolI ...rt or work.
Ctt--..ti...: In ....orllanoo with Article Fiv. or I:b. A,r..mot, lb. Couoty will oompe.lDto
tlte Fli'. i. ..eor4..... wllh tho ."1I0tiltOld "IIIP ."IIl....0unt 1..4io.l.d I. tho oehe<lur. bulow:
Iot.1 huop '''III foe of $1 U.'80,OO
A."y o..n,. to tit. a.op' of worl< wltbin ..lbo,ill' (Or lhis Wort Oraor will II. _de II)" c:t8llJO
or.d.r. Ad:ctitional lIervic... ma) be tumpenllated by' lamp 5n.m ot tine ...d mlllerlal fA
aCGordanc1I with Schl!dule "A'. nf the ^Iroemenl.
A.UT1IOIlIZBD BY:
/'";:::37...". ~.
/ /.
!.Slip' ~. CPfl4 DIIIe._
h.ilill.. M.Il........ Oopa'
L~~
ACCllPT1lD BY:
DIU
/z///)t77
DMe
;:=A./ ;Z/~u..E M4c/.A,
- TyP;'N.... IIlIclTili.
P/Zl,vC/I"m.
The work order number as indicated on this page should read SCD-FT-38S0-08-03 - Linda Jackson Best 3,14,08
Work Order SCD-FT-38S0-08-04, "Courthouse 5'" and 6'" Floor Redesign
Page 2
Imc
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Dwight E. Brock, Clerk
, '.J
BY' . By:
Atu;~e~~!tfm:; ,
'~~~l;-:)~",~~ ~
PrinrN eYTttle
Approved as to Form and
Legal Sufficiency:
C~m~
Assistant County Attorney
tolleen M 6YeerUL
Print Name
'10fC
,. ~.,~'
~ 'o{'r,,' ,
~ ),'rl ~ t(l~
""', ,l\<
" - "..... ~~,\
, ,......:;.;
. " "i;',,~: "'f'",*"
:I'''.'''''. '
. , .,,,, ~..- '-
II?::
I->:-oposal tel' l\l'~hlte(;t1; r<i'll:-~n~JiPleennQ Services ~or
R.C1l0V~tICo~\ of flo.Jn..~ S <:-111cl ~.-; .' ~ollJer C()ur~ty CouithollS0
Sublllitted by'
SPILUS CANDELA OMJM A[COM
l0iC
I
i
I
I
Sl"1I U~ <.:Al>hU\ UiI>ilM
i
. ; I :... ~
Im~' p
EXHIBIT A
SCOPE OF SERVICES
ONSUL T ANT will provide professional architectural and engineering services to reno~ate
rtions of the 5th and the 6~ floor of the existing Collier County Courthouse. The Consultant shall
rovide Program Verification selVices to conceptually address the recommended short term
( pproximateiy ftve year planning horizon. 2012) uses for the existing courthouse, Consultant will
et with the Judicial)l, Court Administration, and the Probation Department to 'ietermine the uses
f r the 5" and sixth floors and to verify the use ot the existing 1"" iloor probation space and the
roposed ,. Hoor Probation space. The design of the I"' floor space Is not a part of this scope and
I Ii part of a separate contract. The Consultant shall provide recommendations and an outline
rogram of the proposed uses for the renovated areas of the 5'h and 6" floors. The Consultan1 shall
r view the previously proposed .uses for the 1" floor space and provide an outline progra.m of the
roposed uses,
he proposed scope Includes the demolition of the Clerk of Court space on the 5th floor aOO the
esign for new judicial suites anu/or an expansion of the juoy assembly room (approximately 5,400
F) or other aSsociated uses. it is assumed tllal the Court Administration, public
rriclorsJlobbleslrastrooms, and the main jury assembly/restroom areas wiil remain as is and are
ot included in the scope lor the 5" ftoor, issuance of en ITC (InstruCtions 10 the ContractOr) during
nstructioo phase services to replace existing finishes to match existing, in the public areas, is
i cluded in Basic $elVices. The proposed scope includes the demolition of the Cieri< of COurt civil
nd criminal space on the 6th floor and the dasign of new courtrooms and judicial chambers
( pproximately 18,800 SF). The number and size ot courtrooms and hearing rooms wiii be
atermined during \tie Program Verification phase, It is anticipated that the courtroom/hearing
m/chamber layouts wiii be based on a combination of the existing courtroomlheanng room
I youts currently existing, The design of courtroom and chamber fixed miiiwork including judges
nd clerks benches, jUI)I boxes, courtroom rails, witness stands, and chamber shelYing is included
s part 01 8asjc Services, The design of the millwork, finishes, alld detailing of the courtrooms and
ambers will be based on those of the existing courtrooms to ensure conlinuity and llexibility in
ssignment of courtrooms, Collier County is to provide as built documentation ot the existing
uilding, including architectural, structural, electrical, and mechanical systems.
ecuiity system design and specifications will be lXlordinated with the COunty's 'preferred security
tems vendor. Consullant to provide conduit, raceways, and power as required for proposed
esign. ConSUltant will review and coordinate se(:urity devices location and requirements with
wner. Consultant will coordinate with Owner to incorporate the Owners security requirements for
t e contractor into the project manual.
nsultant scope will include \tie design and layout of the Fire Alarm devices required for the
novatad spaces only. The owner provided as-built drawings will accurately identify the existing
ire Alarm Systems iayout aiong with its overall capacity, indicating capacity used for areas to oe
emolished and areas to remain. The Consultant understands a\ the time of this Proposal the
ounty has begun a lotal Fire Alarm System replacement installation in Ihe Collier County
ourthouse, and those system drawings and data will be made aYailable for Ihe Consultant's use.
i the event the replacement does not occur, this proposal does not include upgrades to the
xisting fire alarm system ot the courthouse (other than the devices for the renovated portions of
t e 5" and 6~ floors). Any upgrades 10 the existing fife alarm system out side the limits of the
cope of Work, or as required by the AHJ for Permit would be considered an additional servioe.
LUeH CO~NTY GOVERNMEI'lT CENTER
URTHOUSE R ENOV ATIONS FLOO RS 5 AND e
1
IOC
Jel is to provide to the Owner marked up, as built Fire Alarm Systems drawings for the affected
~reas of the 5'" and 6'" floors to be used by the Consulta.nt as lhe basis for the renovation plans.
I
I
I
PROJECT SCOPE
CONCEPTUAL
PROJECT BUDGET
1, Fifth floor renovations 10 Collier County Courthouse_
a. Demo existing space (I5,40Cl SF)
b_ Renovate existing space (I5,4ClO SF)
c_ Contingency @ 5%
$
$
$
$
108,00Cl,OO
766,800.00
43,740,00
918,54Cl,OO
Sixth floor renovations to Collier County Courthouse,
a. Demo existing space (;,18,800 SF)
b. Build new courtrooms a.rld chambers (:1:18,800 SF)
c. Contingency @ 5%
Subtotal:
$ 376,000.00
$ 6,768,000,00
$ 357,200,00
$ 7,501,200,00
I
Other project costs
a. AlE design fees/expenses (8.50% lor basic seNices)
b. Owner fees, testing and administration (1 ,75%)
$
$
715,680_00
147.345.110
Total AlE and County Administrative Fees: $ 863,025.00
Estimate of Total Project Cost:
$ 9,282.,765.00
he square footage coot utilized for the conceptual project budget for this propooal is based on
20rSF for demolition costs, $t421SF for the 5~ floor offiCII renovation, and $360iSF for the 6'" floor
ourtroom renovation, The of/iCe renovation cost is based Or) the OctobElr 21107 GMP of
pproximately $118/SF build.out cost for the Annex 4-7'" floors office build-out, plus 1.5 years
scaJation at 9% tOlal to a March, 2009 mid-point of construction, plus a 10% renovation factor.
he courtroom renovation esflmated cost is based on the $3001SF renovation cost for the 4~ floor
ounroom renovations GMP of February, 2006 pius 20% escalation tD a March, 2009 mid-point of
onstruction.
ate: FF&E, IT, VoiceiDate, end owner moverrelocation costs ara nol included in Project Cost
stimafe, These conceptual project budget costs assume that construction work will have to be
ccomplished at night or on weekends,
OlUE~ CO~IlTY GOV~~tlMEIlT CENTER
ou~rHouse ~EIlOVAlION5 FLOORS 5ANe 6
2
IOC
!
Faa breakdown/schedule: We are proposing 10 provide the following sen/icas as shown below:
a. Program Verification/Schematic Design. '0 weeks S 107,350,00
b. Owner review - 1 week
c, ~sign Development - 8 weeks $ j 4;3, 140.00
d Owner review - 1 week $,
e. Construction Documents - iO weeks S 250.490,00
f. Owner review - 1 week
g. PennittinglOonslruction Administration - 52 weeks est. S 214700,00
T atal Fee $ 715,680.00
ASIC SERVICES;
HEMATIC DESIGN
3seclllpon tile mutually agreed-upon Projecl program, schedule and budget by OWNER and
ONSULTANT, CONSULTANT shall prepare. Schematic Design Documents in compliance
ith OWNER'S design guidelines ior approval by OWNER. OWNER'S acceptance of
chematic Design Documents in no way relieves CONSULTANT 01 its obligation to deliver
omplete and accurate documents necessary for successfUl oonstruction ot this Project.
II Schematic Design Documents prepared by or tor CONSULTANT are subject to OWNER'S
r view and approval. At completion ot the Schematic Design Phase. CONSULTANT shall
ubmit the Sohematic DeSign Documeflts to the Project Manager tor review and comment.
ONSUL T ANT shall respond in writing to the review comments within 7 calendar days of
r ceipt. Responses shall be forwarded directly to the OWNER'S Project Manager
ONSULTANT shall revise the Schematic Design Documents as required by OWNER in order
t obtain OWNER'S written approval and authorization to proceed to the Design Development
hase,
ESIGN DEVEl.OPMENT
fter OWNER'S review and approval of the Schematic Design Documents and issuance of
WNER'S written authorization to proceed, CONSULTANT shall commence the Design
evelopment s e tvices ami perform the followi n g:
eveiop design documents to a level of definitiveness and detail to fix and describe the si2e and
haracter of the various Project components and each Project disci91ine and system as may be
ppropriate tor this stage of development, including long lead and special order materials and
qulpment
ontinue developing the architectural, civil, structural, meChanical. electrical, security. and other
iscipline's responsibilities that eetablish the scope and details for that discipline's work,
II Design Development Documents prepared by or for CONSULTANT are subject 10
WNER'S review and approval At completion of the Design Development Phase,
ONSUL T ANT shaJl submit the Design Development Documents to the Project Manager for
,'~
OLLlER COUNTY GOVERNM~NT CENTER
DURrIlO~SE RENOVATIONS FLOORS "AND'
~
loe
I
rLiew and comment. CONSULTANT shall respond in writing to the review comments within 14
lendar days of receipt. Responses shall be forwarded directly to the OWNE'R'S Project
anager, CONSULTANT shall revise the Design Development Documents as required by
WNER in order to obtain OWNER'S wlitten approval and al)thorization to proceed to ltle
onstruction Documents Phase.
ONSTRUCTION DOCUMENTS
fter OWNER'S review and approval of the Design Development Documents and issuance of
WNER"S written authorization to proceed, CONSULTANT shall commence the Construction
ocuments services and pertorm ltle following:
repare tinal calculations, Construction Documents selling forth in detail each discipline's
r quirements into a cohesive whole based upon the apprOV9{j Design Development Documents
nd consultations with OWNER'S Project Manager.
II Construction Documents prepared by or tor CONSULTANT are subjeC1ta OWNER'S review
nd approvaL At completLon of the Constructian Documents Phase, CONSULTANT shall
bmit the Construction Documents to the Project Manager for review and comment
ONSULTANT shall respond in writing to the review comments within 7 calendar days 01
r ceipl. Responses shall be forwarded directly to the OWNER'S Project Manager.
ONSULTANT shall revise the Construction Documents as required by OWNER to obtain
WNER'S writlen approval of such documents.
~IOOING
ONSUL T ANT shall cooperate with and assist OWNER durin\) the Bidding Phase as hereatter
rovided with respect to the selection of the Contractor.
I
ONSUL T ANT shall provide the OWN EA'S Project Manager with ons electronic copy of the
cnstruction Documents and all other bidding documents prepared by or far CONSULTANT,
he documents prOVided will be ccnsistel11 with a format required by Collier County purchaSing
f r Issuance of the Project Bid Documents.
ONSULTANT shall assist OWNER in reviewing, evaluating and advising d\NNER regard'ng
ffi'dS' CONSULTANT Shall attend the pre.bid conferences and shall be responsible for
eveloping and providing to OWNER any addenda to the Contract Documents that result from
t osa conferences, Tne CONSULTANT shall make a written recommendation to the OWNER
'th respect to the OWNER entering an agreement with the apparent Successful Bidder.
lONSUL T ANT shall prepare any required addenda to the Construction Documents, submit
~ddenda far OWNER review and approval, and distribute all rsquired copies to ail necessary
~arties as determined and approved by OWNER, CONSULTANT shall respond only to
!UBstions or requests for clarifications conceming the Construction Documents submitted in
riting by OWNER. Writlen quaS1ions by bidders during oidding shall be answered by the
ONSUL TANT throl)gh the i~$uance of an Addenda through the Owner's Project Manager.
ONSTRUCTION
I
ONSUL TANT shall keep OWNER apprised of all contacts ancllor communications between
ONSULTANT and Contractnr OWNER shall be copied on ail correspondence between
LUER C au ~ Y GOVERN MEN"r CENTER
URTHOUSf RENOVAYlONS FLOORS 5 AND B
4
lOC ,i
;
,
CONSULTANT and Contractor. All contacts and/or communications between CONSULTANT
and the variOuS subcontractors shall be routed through Contractor,
6uring the Constfuction Phase, CONSULTANT shall provide the following s8r11ices:
l
Process. review, respond and distribute ShOP drawings, product data, sampleS,
substitutions and other subminals required by the Construction Documents within jive (10)
business days.
~
j
Maintenance of a master file of all submittals, including submittai registllf, made to
CONSULTANT, with duplicates for OWNER. OWNER'S copy shall be In electronic/CD
formal and submitted at time of Substantial Completion.
!
~
i
I
COnsltuC1ion field obserllation selVices consisting of visits to the Project site as frequently
as necessary, but not more than (once every two weeks). to baCOrM generally familiar with
the progress and quality of the Work and to determine in general if the Work is proceeding
in accordance with the Construction Documents. When CONSULTANT discovers portions
of the Work whlch do not conform to the Construction Documents. CONSULTANT shall
recommend to Owner to reject such Work, Provide a written report of each visit within five
(5) business days from the CONSUL rANT'S site visit, te the OWNER'S Project Manager,
This field observation fequirement sIlail apply to any sub consullants or subcontractors of
CONSULTANT at appropriate cons1luction poinls.
,
,
~ CONSULTANT, as representative of OWNER during construction, shall advise and consult
with OWNER. Through its on-site observations of the Work in progress and field checks of
materials and equipment, CONSULTANT shall endeavor to provide protection for OWN ER
against defects and deficiencies in the Work of Contractor and the various subcontractors of
Con tfactor.
Prior to the first Appiication for Payment, the CONSULTANT shall review the Contractor's
Schedule oj Vaiues and recommend adjustments. Based on such observations at the site
and on the Applications for Payment submitted by the Contractor, CONSULTANT shall
recommend the amount OWing to Contractor and shall acknowledge the Application for
Payment initialiy completed by the Contractor for such amounts. The issuance of Certificate
of Payment shall constitute a representation by CONSULTANT 10 OWNER that: (i) the
Work has progressed to the point indiC<lted; (ii) that to the best of CONSULT ANT'S
knowiedge. information and belief, the quality of the Work is in accordance with the
Construction Documents subject 10 minor deviations from the Construction Documents
correctable prior to completion, and to any specific qualifications stated in the Application for
Payment: and (iii) Contractor is entitled to payment in the amount certified,
CONSULT ANT shall review claims lor extra compensation, or extensions 01 time from
Contractor, make written recommendalfons to OWNER within live' (5) business clays
conceming validity, and prepare responses for OWNER.
" CONSULTANT shall be, in the first instance, the interpreter of the requirements of the
! Construction Documents. CONSULTANT shall render opinions on all claims of Contractor
relating to the execution and progress 01 the Work and on all other mailers or questions
related therelo, CONSULTANT'S decisions in matters relating to artistic effect shall be final
if aonsistent with the intent of lhe Construction Doouml'lrlfs, subject to OWNER'S approval.
CONSULTANT shall review lor comment or approvai any and all proposal requaSls,
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eOL.LIER COUNTY OOVERNblIENT CENTER
~OURTHOUSE RENOVATIONS FLOORS. AND.
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supplemental drawi~gs and information, substilutlons, value engineering suggestions and
chang a ord are.
Prepare, rsproouce and distribute supplemental drawings, specifJcations and interpretations
in responSe to requests for clarification by Contractor or OWNER as requIred oy
construotion exigencies, CONSULTANTS response to any such request must be receiveci
by OWNER and Contractor within five (5) busine6s days. CONSULTANT will review and
respond to all submittals from Contraclor, including but not limited to shop drawings, within
a reasonable period of time so as not to delay the progress of the Work, but in no event,
more than five ( 10) business days, unless OWNER expressly agrees otherwise in writing.
Review of Contractor's submittals is not conducted for the purpose of determining the
accuracy and completeness of other detaiis, such as dimenSions and quantities, or for
substantiating instructions for inslallation or performance of equipment or systems, all of
which remain the responsibility of Contractor as requireci by the Contract Documents,
CONSULTANTS review shail not constitute approval of safety precautions or, unless
otherwise specifically stated by CONSULTANT, of any construction means, methods,
techniques, sequences or procedures. CONSULTANT'S approval of a specific item shall
not indicate approvai of an assembly of which the item is a component.
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CONSULTANT shall review and provide written comment upon ail Change Orders requests
by the Contractor, as well as any cost estimate associated with a Change Order request,
prepared by ContracloL Upon agreement by the OWNER, the CONSULTANT shall
prepare and provide Work Change Directives 10 the OWN ER for approval and Issuance to
Ih e Contractor a nd rev i se the Co nslructio n Doc uments accordi ng Iy.
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CONSULTANT shall review the Project Schedule, subcontractor conslruction sChe<Jule{s),
SChedUle{s) of shop drawing submittals and schedule(s} of values prepared by Contractor
and advise and/or recommend in Writing to OWNER concerning their acceptability.
CONSULTANT shall attend meetings with Contractor, such as preconslruction conferences,
progress meetings, job conferences, pre-closeout meetings and other ProjecJ.relaled
meetings
Receive notice from Contractor il other WQrk related to the Project by OWNER'S own
forces, by utility owners, or by other direct contractors will invoive additional expense to
Contractor or require additional time and promptly advise OWNER in writing,
Receive copies of all accident reports submitted by Contractor.
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Review the Work to confirm that to the best of OUT knowledge the plans and facility comply
with the current Fiorida Building Code. Report any discrepancies observed or noted to
OWNER. The applicable building permit office will prepare and issue the Certificate of
Occupancy at the appropriate time to the Contractor, on the form approved by OWN ER
CONSULTANT shall aesist 1n the OWNER'S Project closeout process, Upon notice from
ContractQr, and with the assistance of OWNER, CONSULTANT shail conduct the
Substantial Completion inspection and if appropriate issue the Certificate of Substantial
Completion, Review and comment upon, and supplement as appropriate, the punch lists to
be prepared by Contractor. Notify Contractor in writing of work not complete.
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40LLlER COUNTY GOVERNMENT CENTER
COURTHOUSE ReNoVAT'ON$ FLOORSSAND 6
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~ Upon notice irom Contractor, conduct final inspections and assist OWNER in final
I acceptance of Project If appropriate, issue ~he Certificate of Final Inspection on the fonn
,
I approved by OWNER . .
!ThrOUghout the Construction Phase, CONSULTANT shall review Contractor's marked-up
I "Recorc:l" drawings and Project Manual/Specilications, on a regular basis, and at least monthly
i prior to certification ot Contractor's montllly payment application, to verify that Contractor is
I regularly updating the "Record Drawings"
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~fter Contractor provides CONSULTANT with ils marked-up "Record" drawings and
~pecilications. CONSULTANT will revise the final approved Construction Documents to
~corporate all "Record" information contained in the Contractor's marked-up "Record" drawings
nd specifications, as well as to rellect all addenda, contract changes and field changes,
ONSUL TANT shall provide OWNER wit~ one (1) electronic copy on compact disk (CD) of t~e
ecord Doouments, two sets of the conformed drawings. The electronic copy on CD of the
Record DOcuments shall be providoo in AutoCAD.dwg format, "purged and bound", and
bompatible with OWNER'S system Contents of CONSULTANTS Record drawings a.re
bonditiQned upon the aocuraCY of the information and documents provided by the oonstruction
bontra.ctor,
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liAS part of project Close Out CONSULTANT shall schedule via OWNER and visit with OWNER
and COntractor the faCility at initial occupancy and at six (6) and eleven (11) months aller
I issuance of the Certificate of Substantial Completion. During each facility visit, CONSULTANT
I shall observe, troubleshoot and advise in the operation of building systems, This s~all not
I relieve CONSULTANT of its obligation to mOlke other vi sill> 10 the facility based on need should
,specific issues arise,
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tERVICES RELATING TO ALL PHASES=
otwllhstanding any otller provISion of tllis Agreement, the CONSULT ANT and suoconsultants
fhall have no responSibility for the discovery. presence. handling, removal, disposal or exposure
iIlI persons to hazardous materials in any form at the project site, including but not limited to
.asbestos, asbestos products, mold, polychlorinated biphenyl (PCB) or other toxic substances.
~otwithstanding anything in this Agreement, CONSULTANT ShOll! not have control or charge of
ind shali not be responsible lor construction means, methods, techniques, sequences or
rocedures, or for safety measures, precautions and programs including enforcement 01 Federal
nd State safety requirements, in connection with construction work petiormed by OWNER'S
; onstructlon contractors.
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f\ODITlONAL SERVICES:
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the services described beiow are not includeiJ in Basic Services unless so idenUfied previously
i/1 this work order, and they shall be paid for by the OWNER as provided in this agreement, in
'. ddilion to the oompensation for Basic Services. Tile services provided below shall only be
provided if aut~ofi2ed in writing by ths OWNER.
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J.OLLIER COUNTY GOYERNMENT CENTER 7
tO~Rl HOUSE RENOVATIONS FlOO ~S 5 ANO 5
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CONSULTANT shall achieve LEED certification for the proposed renovation.
.
Assist OWNER and Contractor in the training Of 1I1e facility operation and maintena.~ce
personnal with respect to the proper operations, schedules, procedures and inventory
controls for the various Project equipment and systems. Such assistance shall include
assisting OWNER in arranging for and CXXJrdinating the instruction al'ld training on
operations and rhaintenal'lce of the Project's equipmel1t and systems il'l conjunction with the
various manufacturer representatives. Further, CONSULTANT is to attend all such training
sessions, unless otherwise consented to by OWNER in writing
Submit a facility al'ld equipment review schedule to OWNER at the time 01 Substantial
Completion, Perform reviews of facilities and equipment prior to expiration of warranty
periOd(s) to ascertain adequacy of periormance, materials, systems and equipment. Submit
a written report to OWNER
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If more extenSive representation at the sile than is described is required, the architect shall
provide one or more project representatives to assist in carrying out such additionaJ on-site
responsibilities.
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Making revisions in Drawings, Specifications of other documents when such revision are;
a. inconsistent with approvals or instructions previously given by the Owner,
including revisions made necessary by adjustments in the Owner's
program Or PrOject Budget.
b. required by the enactment 01 revision of codes, laws or regulatjons
subsequent to the preparation of such documents; or
o. due to chang6s required as a result of the Owner's failure to render
decisions in a timely manner.
.
Providing services required because of significant changes in the Project including, hut not
limited to. size. quality, complexity, the Ownef's schedule, or the method of bidding or
negotiating end contracting for construction.
.
Providing consultation concerning replacement of Work damaged by fire or other cause
during constructiO/l, and furnishing services required in connection with the replacement of
such Work.
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Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the Work of the Contractor or by failure of periormance of either the Owner
or Contraclor under the Contract for Construction.
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. Providing documents in connection with public hearing, arbitration proceeding or legal
proceeding except where the Architect is party therato,
+ Providing fJi1ancial fea5jb;;;ty or other spacial studies.
. Providing special sUNeys, environmentai studies and submissions required for approvals of
governmental authorities or others having jUrJsdiction over the project.
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qOLLIER C OU NT'! GOVERN., eNT ceNTER
COURTHOUSE RENOVATIONS fLOORS 5 ANO 6
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. Providing coordination of construction performed by separate contractors or by the Owner's
own fomes and ooordination 01 servioes required in connection with construction partormed
and equipment supplied by the Owner.
~ Providing detailed estimates of Construction Cost or datailed quantity surveys or inventorias
of material, equipment and labor,
. P rovidi ng analys es of owning and operati I\g costs.
. Providing loose furnishings and equipment selections and specifications. Consultant as part
01 Bas.ic Services will review and comment on loose fumishings and equipment, fabrics and
colors selected by others, howaver making investigations, inventories of existing materials
or equipment, or valuations and detailed appraisals of existing facilities are considered
beyond Basic Services,
. Providing assistance in the utilization of equipment or systems such as testing, adjusting
and balancing, preparation of operation and maintenance manuals. training personnel for
operation and maintenance, and consultation during operation,
. Providing services after issuance to the Owner DI the final Certiticate !Dr Payment, or in the
absence of a final Certificate for Payment. more than 60 days after the date of Substantiai
Completion of the Work,
. Providing services of consultants for other than architectural, structural, mechanical,
electrical engineering as part of Basic Services, Courts Pianning consultation oy Dan Wiley
and Assooiates during the Program and Use Velificalion task and as described in
paragraph 1 page 1 Exhibit A Scope of Services, are a part of Basic Sewloes,
. Providing any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted architectural practice will ba considered
additional saNicee_
COLLIER COUNTY GOVERNMEtIT CENTER
eOURTHOllSE. RENOVATIONS FL.OORS! AND-5
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EXHIBIT B
PROJECT MILESTONE. SCHEDULE
1. Upon the Notice to Proceed issued by OWNER, the Program Verification/Schematic
Design documents shall be submitted to OWNER within (10) weeks after lhe date 01
such Notice,
2. Upon authorization by OWNER tD commence Ihe Design Development selVies, Ihe
Design Development Documents shall be $ubmined to OWNER within 8 weeks after the
dale of such au thori2:ation. .
$, Upon authorization by OWNER to commence the Construction Document selVice, the
Construction Documents will be submHted to OWNER within 12 weeks after
authOrization to oommenoe,
4, Permitting Phase SelVicss and Construction Administration to be provided in accordance
with the terms of Ihe Construction Contract and the Project Construction Schedule,
estimated at 52 weeks.
CO~"ER COUNTY GOVERNMeNT C.NTER
COURTHOU$o RoNOVATIONS fLOORS 6 AND 6
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SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM
1. MONTHLY STATUS REPORTS
~,1 ,1 As a. condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly Jnvoice a progress report 1811ecting the Project design and construction status, in
terms of Ihe total work effort estimated to be required for the completion of the Basic Services
and any then-authorixed Additionai Services, as of the last day of the subject monthly billing
qycle, Among other things, 1M report shall show all Service items and the percentage complete
of each item,
81 1.1 All monthly status reports and invo;ceB shell be mailed to the attention
of:.' Mr. Mark Callis
Senior Project Manager
Colliel County Government
Department 01 FacililiaB Management
3301 Tamiami Trail East, Building W
Naples, FL 34112
2. COMPENSATION TO CONSULTANT
B.2,1. For the Basic Services provided for in this Agreement" OWNER agrees to make lump
sum payments to CONSULTANT i'1 accordance with percentage completion per phase, with the
terms stated below. Payments wili be made monthly in accordance with the fOliowing Schedule
Qf values.
ITE.I'II
1.
, 2.
13,
~L_.
n Phase
FEE
107.350,00
143,140,00
$ 250.,490,00
47
$ 715680.00
6.:2.2. The fees noted i'1 Section 2.1, shall constitute for:
(Seven Hundred Fifteen Thousand Six Hundred and Eighly Doliars). ........ $ 715,680.00
to be paid to CONS UL T ANT for the performance of the Basic Service..
~OW~R COUNTY <JOV.RNMENT >:.NTER 11
COURTHOUSE flENovAr'ONS FLOORS 6 AND G
EXHIBIT C
STAFFING
Key personnel assigned by CONSUL.TANT to the services ur.der this work oraer:
. Spillis CarJdela DMJM
Enrique Maca, AlA
Steve Berler
Jorge Perez
Pedro Nunoz
Ron Hunt, PE
Emilio Rvero, PE
Erick Gonzalez, PE
Key Subcoflsultants to be assigned to the selVces under this work order-
. 01'\n!.-_ Wiley & Associates, Inc.
Dan c- Wiley
Marsha Long
COLLlSR COUNTY GOVERNMENT CENT"R
COURTHOUSE RENOVATIOOlS "l(l(l~S ~ AND ij
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Collier C'JlJllty GovcmtnL'llt
FI~r;,)1 Year ?O()8 A(lr.l~ted Budtl~t
Capital Improvement Program
Courts R..lated Capital
fY2D06 FY::tCC7 FY.200? FY2ClQ8 FYiDCB F....::!!D08 FY_
OIt~IE!"tIlLU:l!:leta"J C~~SLlmmll' ^cwill Adl;)pllild F[)rBClisl Current E:;1[l)Ii!Indtd J1.~Opt/lICl Change
;:;i!iI.:;.itarOI.J1lay 1.036,::<00 1,100.::'00 1,1ll4!.j,\{)O 1,1:12,9DO 6.3%
Hl!tOpel':!l!jllg8l.1Clgct 1.03B,llOO 1,100.000 1.U2,IHlt]- 1,'-02,900 8.3%
Re:sarvasi::orC::ontinga1Cle-s 7QOO (100.0%)
Total E1ud!Qlilt 1,1)\:15,000 1,100.000 1,1lU,900 1,U)2,51ClD .'""
F'i2Ml!i fY2CD1 FY2DIl7 FY 20013 FY2008 FY2DDI!i FY2QQ8
~P;'l'ICIpl1atlqn!l ~ Pr.;tg I"tIt'l'I AGtulIIl AdlJP19d Fll-rBICIISl CUrTl!nt .Expot\QCd Ad'opt.eol:l Ch;mglil
Co:.:rt Maj.,tBna'1oe. l-BB hr.::! ~1i31) 1,03B,CDO 1,100,000 ~,' :)2,~:)[) 1.1C2,9,?:;' 6.3%
T[}tB.1 hlelBucget 1,lJIlWli,Q(lCl 1.1~D:,0CKt 1,'02,900 ~, 1OZ,9:OO 1.3%
ToliIIl r",ns.flllrli ilnd RBSlilrVli5 1,DllL:;l l'00,C%)
To~11iI1ld5lilt 1,-M'tii,ClClCl 1,1ilil,CCJI'J 1,102,00C 1,102,9DD 6.15%
F'flDDS FV:2r:Jll7 10'1'2007 FY21111e FY200& F'V2QQ:tI FV211DB
D .p8.r1I'11entFUIIII;1Jng $wrr;:il'$ """'oJ Adoj;lllileJ. FOre<:.iUit CUmI'nt !:xpan[jl!!d A(I"ptect ChaM!JI)'
Fines & F,t.1a wre:s 1.1Q:;'l.a~:;'l 1,100:;'00 1,161000 ':,161,ODO 5 5'~,
.,
IntelIl&'t/Mjro "'
Negs:bve .~':<, fi!e~llU~ F!e~e!Ve (55.DOO) ($~,10:;'l) (5e.1QO} 5.6%
Ttrlal FundillQ, 1,045,000 1,10D,600 t,11J2,900 1,102,900 5.S%
FY.2ClCl6 FY.2ClCl7 FY20C'l' FY.2:BB8 ~'{2[]DII Fv:mlJ;IJ. FV200tl
~rtmilntPQSit:il:)nSLlmmil.ry AclU8l Al:IfIopted FQrte;!lst Cl,lll"ent E:r..Dtlnd8d Adopflild Chang.e
COU'1Mllintenance FI!!<ll Funl'l (~S1) 0.00 '"
TolalF'TE n.
.:-i~Y,=~r200a
{;:OIpi~1 Jmpn;l'iemem Pr~graT1
IOC
C(JIIIl;!r Cr.1urlty Gllv~rnmf;"nt
Fiscal Yf1;Jf :::008 Adopted Budget
Capital Improvement Program
Cou 11s Rei sled C s p ita I
Court Maintenanco F.... Fund (1811
Nl iSH i on Stat&tn9nl
Tnl& fun has hr;;Jen newly t;.rEI,,!iuI'Io1 for FY 2[]Q7. The 15i~(.Irc;E!' of revenue is O.-Qinfln~~04-4J iilll(lpte-tI by the aQ~nf QfCQunt)'
Commis ;Dner.s on Juns 22., 2004:as: auUlorl2ecl by s. JUl.'Ult13l(a) F.S. TM ordJn:2l11oC9 provldOSi lara $1& SUN:;JtiJrge fcr
lh~ n .(::riminal traHlc infractions set forth in Chaprer 318, Floritla Smtl.lt.8s, and cllrtaln crlm~n.!l.1 violations anLJmtH'akld In
5sdion UUl. Florida Stilhrl2'6. This. r.e"e~ul!!! 1Nd&.specifit;::BIl:t <:rel;lte-tI to fl.mcl SUIte CQ.urt F!,u:ilitle-s_
Program Summary
FY2ClOB
Total FTE
FY 2006 fY 2008
Budget Revenuli:!&
1,102,900 1,102,000
1,102,9DD 1,102,9(]O
1, tD2,90Q 1,102,900
FY laOS
Ne'tCl)st
nt A.am ini8tration I OY6rhlituL
ClJrrerlt L.ew; I;)f ~rvice Budget
TotEd Adoptoo Budget
"..... FY4l001 FYZlJlJi FYlOO8 FY2DDlli FY2008 FY.llCB
Progr:tm BLlCl!ij11tu1 CCl5t S tlmmiillry Actllall Adopted FOJ'8IC.Kt Cumtnt Ellplllndea Ado"'" en.rlfle
CaJl'lt5l1~ tilll9 1.0:,lS.OO:) 1,10:',000 1.102,9(':) , 1o:.!,gaa D.3'1b
Net Ol)8'ratJng Budget ',031,000 1,'00,000 1,'02,900 l,1IJI,liIDr. 6.3%
Ras.erves f~r ~C:-,t'.1genCla!'. 7,O'J0 (10;).0%)
T[JtalBudl)ltt ',646,000 1,100,000 1,102:,900 1,102,901] 5.:i%
Total FTE ,.
rogram FI,l~ln!;ll :SQI,l rce')
flr1~&F l1e-1tu'e-!-
rrl~Bre8l'\II15::
Negat\le 'l<: R~""'''I,lr;: R""~IV<;::
FV....
A~tuJilI
FY""'7
Adoptlild
;,1:)0,000
FY2.007
FOltlGil1it
~, 10;),0::'0
f'V:WOIJ.
Curam.
1.161,00:)
IOY 2J)tJli!i
e~p.a:ndllld
IOY lOO8
Adopted
1151DOO
FY2lOO8
Chllngs
5.5%
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Forer.;ast IFy .2007 Bud!;Jeted expe nses ina ude :S690,1l0{l far upQrad ing 1M firs alarm :!l'lstl;lrrl id rl.;l $~46. 00011 tor replaC:llg tile ror;:.f
on tne :LrthO>J&e building
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Current ~Y2a08 - Bud9E't~i:I oI;!'x~nl;>F(\> ir1o~e :51,102,000 ior the re<::lesign of the Courthouse floors 5 & 6.
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1,100,000
1,102:,900
"""':
(5B,::'>D)
1.1C2,900
"'
5.B':-<~
,....
Tota:l Funding
(5500Q)
1.W.C1C1C1
(~lj 1UU)
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,=iOQlI Y~r 2';):'8
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C<il.pit.z.llmprtl'il:lml:lmPlograTI
Page I of I
10 C
Martha S. Vergara
From: BestLinda [LindaBest@colliergov,net]
Sent: Friday, March 14, 20084:31 PM
To: Martha S, Vergara
Subject: RE: Item 10C from the 3/11/08 BCC Meeting
Attachments: Work Order SCD Signature Block doc
Hi, Martha;
Thank you for catching that, the work order assigned by purchasing was SCD-FT -3850-08-03, I made a typo in
the header of page two, 08-03 is
correct, can you white out the header? Or strike through my typo?
Thank youl
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent: Friday, March 14, 20084: 11 PM
To: BestLinda
Subject: Item 10C from the 3/11/08 BCC Meeting
Hi Linda,
The contract numbers for this item are not the same on front sheet (SCD-FT-3850-08-03) as the numbers on the
signature page (SCD-FT -3850-08-04)
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
3/14/2008
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
fly ~b-
Work Order SCD-FT-3850-08-04, "Courthouse 5"' and 6'" Floor Redesign
~age 2
ATTEST:
Dwight E. Brock. Clerk
B~:~~
~ I8P1t~ ~ ..
-
. Pri~t~~;ne/Thle I
Approved as to Form and
Legal Sufficiency:
C~f11 ~
Assistant County Attorney
eollem /VI . Gveene-
Print Name
IOC
4-'
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board 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, andlor information needed. If the document is already complete with the
execution of the Chairman's silffiature, draw a line throulZh routinlllines #1 throullh #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routiO}!; 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. Nonnally the primary contact is the person who created/prepared the ex.ecutive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the
item.)
Name of Primary Staff Robert Bosch
Contact
Agenda Date Item was March II, 2008
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Resolution
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Number of Original
Documents Attached
252-5843
!OF
One
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 fO 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 Of 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 03/11/2008 (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.
N/A
'%
I: Forms! County Formsl Bee Forms! Original Documents Routing Slip WWS OriginaI9.0J.04. Revised 1.26.05, Revised 2.24.05
2,
3,
4,
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RESOLUTION NO. 2008. 64
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE
OF LANDS NECESSARY FOR THE CONSTRUCTION OF STORMWATER
RETENTION AND TREATMENT PONDS REQUIRED FOR THE EXPANSION OF
RANDALL BOULEV ARD FROM IMMOKALEE ROAD TO DESOTO
BOULEVARD (PROJECT NO, 60065,)
WHEREAS, the Board of County Commissioners (Board), on June 7, 2005, adopted
Ordinance No, 2005-25 therein establishing the Capital Improvement Element of the Growth
Management Plan in order to establish priorities for the design, acquisition and construction of
the various capital improvement projects; and
WHEREAS, the Transportation Element of the County's Growth Management Plan was
adopted in Ordinance No, 2005-25; and
WHEREAS, the expansion of Randall Boulevard from Immokalee Road to DeSoto
Boulevard (Project No, 60065) is one of the capital improvement projects required under the
Transportation Element of the County's Growth Management Plan; and
WHEREAS, the acquisition and construction of stormwater retention and treatment
ponds along the project corridor, in the locations collectively depicted in Exhibit "A" attached
hereto and incorporated herein, are necessary in order to protect the health, safety and welfare of
the citizens of Collier County, and will assist Collier County in meeting certain concurrency
requirements of the Growth Management Plan for Collier County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board has determined that the expansion of Randall Boulevard from Immokalee
Road to DeSoto Boulevard, Project No. 60065 (hereinafter referred to as "the Project"), is
necessary and in the public's best interest in order to protect the health, safety and welfare of the
citizens of Collier County,
2. The construction of the Project is an integral part of the County's long range planning
effort, and is included in the Transportation Element of the County's Growth Management Plan,
as approved by the Florida Department of Community Affairs.
3, It is necessary and in the best interest of Collier County for the Board to authorize the
acquisition of storm water retention and treatment pond sites in fee simple in the locations
collectively depicted in Exhibit "A" attached hereto and incorporated herein, as best suits the
10 F
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needs of the project; and the County Manager or his designee is hereby authorized and directed
to acquire said stormwater retention and treatment pond sites by either gift or purchase,
4, The Board hereby directs the County Manager or his designee to make purchase offers to
property owners based upon appraisals prepared for Collier County by licensed real estate
appraIsers,
5, In view of the differences of opinion between real estate appraisers as to property owner
compensation estimates, and the cost of condemnation, the Board hereby authorizes the County
Manager or his designee to approve storm water retention and treatment pond site purchases up to
the lesser of twenty five percent (25%), or fifty thousand dollars ($50,000), above Collier
County's appraiser's estimate of full compensation to the property owner. Such purchase
approvals are hereinafter referred to as "Administrative Settlements," Each and every proposed
settlement over twenty-five percent (25%), or over fifty thousand dollars ($50,000), above
Collier County's appraiser's estimate of full compensation to the property owner shall require
separate Board approval.
6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of
the Project, upon the approval of the Office of the County Attorney as to form and legal
sufficiency. to execute Purchase Agreements for stormwater retention and treatment pond sites,
where the property owner has agreed to sell the required land rights to the County at its appraised
value, or within the Administrative Settlement provisions of Paragraph 5 (above); and the Board
hereby authorizes its present Chairman, and any subsequent Chairman for the life of the Project,
to execute any instruments which have been approved by the Office of the County Attorney, to
remove the lien of any encumbrance and for any such other purpose as may be required.
7. Said Administrative Settlement authority is delegated by the Board to the extent that such
delegation does not conflict with the provisions of Section 125.355, Florida Statutes.
8. Where the property owner agrees to convey a necessary interest in real property to the
County, through the execution of a "Purchase Agreement" and upon the proper execution by the
property owner of such legal instruments as the Office of the County Attorney may require, the
Board hereby authorizes the Finance Department to issue warrants, and/or to make wire
transfers, payable to the property owner(s) of record, and to others who may possess an equitable
interest in the subject stormwater retention and treatment sites, in those amounts as shall be
specified on a Closing Statement.
-Page 2-
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9, All title to real property which has been obtained in the manner described above shall be
deemed "accepted" by the Board of County Commissioners, as the governing body of Collier
County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby
authorized to record in the Public Records of Collier County, Florida, deeds, easements or other
instruments as may be required to remove the lien of any encumbrance from the acquired
properties,
This Resolution, adopted on this II fit day of Iv. it ~ C H
, 2008, after motion,
second and majority vote,
ATTEST:
DWIGHT E. ROCK, C;;LERK
., ,....
BOARD OF COUNTY COMMISSIONERS
:~: COLLI:lOUNT ORID~
TOMAE lNG,
A It.. toC1\it,*
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Approved as to form and
legal sufficiency:
La,- \\j ('L-k~/
Assistant County Attorney
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP lOF
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD 01<' 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 he forwarded 10 the Uoard Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, uates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines # I through #4, comnletc the checklist. and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(Ust in routine: order)
I. ----- ~- -- -,~--- ...".-."' .. n. .-.'--.--.'"---.- --_.~.- --- -------- --....--.---.- 1------ -.
2.
.
3. --~.~
---- ~-,_.~._.__._- ._-----~~-_._-----_. -_..__.._-~-----~._---~ ------------,.-. --.
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4. ~. ~"),/ qlir/o'l
" <C,." " \..t. ;-.i. :,'- i1,,-:Y 'c ,- ,/1,.. ./.
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5. Sue Filson, Executive Manager Board of County Commissioners II
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 fOT additional or missing
information, All original documents needing the Bee Chairman's signature arc to be delivered to the Bee ulllee only after the Bee has aded to approve the
item,)
Name of Primary Staff Robert Bosch Phone Number 252-5843
Contact
Agenda Date Item was f-; 'c. ,,( Agenda Item Number [ t: F
A roved b the BCC .......~.r " "
Type of Document j\ '" -1- Number of Original
Attached ,--,- -, f-k...}' r' :\ .( ,E'''J -:--- Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark UN/A" in the Not Applicable column, whichever is Yes N/A (Not
a ro riate. (Initial) A lieable)
l. 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 Bee
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 (
NI~
Office and all other arties exce t the BCe Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contra".-t date whichever is a lieable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired. ...c---
5. In most cases (some contracts are an exception), the original document and this routing slip N/It
should be provided to Sue Filson in the BCe office within 24 hours of Bee approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame l)r the Bee's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BeC on 1 ..., _.,cJ'f" (enter date) and all changes 1',
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: Formsl County Forms! BCe Forms! Original Documenls Rouling Slip WWS Original 9.03.04-. Rcviseu 12605. Revised 2.24-.05
lOF
MEMORANDUM
Date: September 16,2008
To: Robert Bosch
Right-or-Way Coordinator
Transportation Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Agreement
Per your request you will find enclosed a copy of the document referenced
above (Agenda Item #10F), adopted by the Board of County Commissioners
on March 11, 2008.
If you should have any questions, please call me at 252-7240.
Thank you.
Enclosures
_._w _.~----
lOt
PROJECT: Randall Blvd. (No. 60065)
PARCEL: POND4WC
FOLIO NO.: 40185800004
PURCHASE AGREEMENT
(for Stormwater Retention Pond Sites)
THIS PURCHASE AGREEMENT is made and entered into on this Z~ day
of Au60'S,",\ ,2008, by and between OTAMOT DEVELOPMENT CORP., a
Florida corporation, whose mailing address is 5580 8th Street W, Suites 6 & 7, Lehigh
Acres, Florida 33971, (hereinafter referred to as "Seller"), 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 "Purchaser").
WHEREAS, Seller owns that certain property more particularly described as the
East 150 feet of Tract 120, Golden Gate Estates Unit 68, as recorded in Plat Book 5,
Page 90 of the Public Records of Collier County, Florida (Folio No. 40185800004),
together with all structures and improvements, (hereinafter referred to as "Property");
and
WHEREAS, Purchaser requires the Property for stormwater retention purposes as
part of the Randall Boulevard Project; and
WHEREAS, Seller has agreed to sell and Purchaser has agreed to buy the
Property subject to the terms and conditions that follow.
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. AGREEMENT
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.
2. PURCHASE PRICE
The purchase price (the "Purchase Price") for the Property shall be $40,100.00 (Forty
Thousand One Hundred Dollars) (U.S. Currency) payable at time of closing. The
Purchase Price, subject to the apportionment and distribution of proceeds pursuant to
Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed,
including all landscaping, trees, shrubs, improvements, and fixtures located thereon,
and shall be in full and final settlement of any and all claims against the Purchaser,
including all attorneys' fees, expert witness fees and costs as provided for in Chapter
73, Florida Statutes. None of this Purchase Price is attributed to any personal property.
3. CLOSING
A. TIME IS OF THE ESSENCE to this Agreement. Therefore, the Closing (THE
"CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction
shall be held on or before forty-five (45) days following execution of this
Agreement by the Purchaser but 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.
Purchaser shall be entitled to possession as of Closing, unless otherwise provided
herein.
B. Seller shall convey a marketable title free of any liens, encumbrances,
exceptions (other than easements, restrictions, and covenants disclosed in the title
insurance commitment to be provided in connection with this transaction pursuant
to Section 6 herein), or qualifications. Marketable title shall be determined
lit)
lor
according to applicable title standards adopted by the Florida Bar and in
accordance with law. At or before 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:
1. 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.
2. Combined Purchaser-Seller closing statement.
3. A "Grantor's Non-Foreign, Taxpayer 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.
4. A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service.
5. Such evidence of authority and capacity of Seller and its representatives
to execute and deliver this Agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser's
counsel and/or title company.
6. Documents evidencing the release or satisfaction of all mortgages
encumbering the Property.
C. At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
1. Cash, Certified Check drawn on a local bank, or immediately available
funds by wire transfer an amount equal to Net Cash to Seller on the
Closing Statement. 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 6 "Requirements and Conditions for
Closing" below, 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.
2. Funds payable to the Seller representing the Purchase Price shall be
subject to adjustments and pro-rations as hereinafter set forth.
D. Purchaser shall pay all fees to record any curative instruments required to
clear title, all Warranty Deed 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; provided,
however, that any apportionment and distribution of the full compensation amount
in Section 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest or as consideration
for the execution of any release, subordination or satisfaction, shall be the
responsibility of the Owner, and shall be deducted on the Closing Statement from
the compensation payable to the Owner per Section 2.
E. 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. The cost of a Title Commitment shall be paid by
Purchaser along with the cost of an Owner's Form B Title Policy, issued pursuant
to the Commitment provided for in Section 6, "Requirements and Conditions"
(below).
1:tJ Page No.2
F. Real Property taxes shall be prorated based on the current year's tax and
paid by Seller. If Closing occurs at a date which the current year's millage is not lOF~
fixed, taxes will be prorated based upon such prior year's millage.
4. INSPECTIONS
A. Inspection Period. Purchaser shall have 7 days from the Effective Date
(Inspection Period) to determine through appropriate investigation and inspection
that the Property is in compliance with all applicable State and Federal
environmental laws and free of any Hazardous Materials. Upon reasonable
notice, Seller will provide Purchaser, and its agents, with access to the Property for
purposes of surveying, soil borings, site inspection and analysis.
B. Election and Response. If Purchaser is not satisfied, for any reason, with the
results of this investigation, Purchaser may elect to terminate this Agreement,
without penalty, by giving written notice of its intent to terminate prior to expiration
of the Inspection Period. Purchaser may elect to suspend its Notice of
Termination if Seller notifies Purchaser in writing within ten (10) days thereafter
that Seller agrees to promptly carry out, at its sole expense, all further
investigations and remediation of the Property as necessary to make the Property
acceptable to Purchaser (hereinafter "Remedial Action") within a time period
acceptable to Purchaser. As a condition precedent for suspension of the Notice
of Termination, the parties shall agree to the specific term of such suspension and
what will render the Property acceptable to Purchaser.
C. "Hazardous Materials" means any substance: (1) the presence of which
requires investigation, remediation, or is, or becomes regulated under any federal.
state, or local law, regulation, order or policy; or (2) which is or becomes defined
as a hazardous substance, pollutant or contaminant under federal, state or local
law or regulation; or (3) which is toxic, explosive, corrosive, flammable, infectious,
radioactive, carcinogenic, mutagenic or otherwise hazardous, or threatens the
health or safety of persons on or about the Property, and is being regulated by any
governmental authority in the state of Florida.
D. If Purchaser does not have the Property inspected, or fails to do so within the
Inspection Period, or fails to notify Seller of its intent to terminate, Purchaser shall
be deemed to have accepted the Property in the condition it existed on the
Effective Date.
5. RISK OF LOSS
Seller shall maintain the Property in the condition existing on the Effective Date until
Closing or date of Purchaser's possession, whichever is later, except for any Remedial
Action agreed to by Seller under Section 4B above. Any future loss and/or damage to
the Property between the Effective Date and the Closing or date of Purchaser's
possession, whichever is earlier, shall be at Seller's sole risk and expense.
6. REQUIREMENTS AND CONDITIONS FOR CLOSING
Upon execution of this Agreement by both parties or at such other time as specified
within this Section, 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:
A. 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 TA Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have fifteen (15) 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.
B. 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
III:) Page No.3
IOF
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 may terminate the Agreement.
C. 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. Purchaser shall have thirty (30) days from the
Effective Date of this Agreement to notify Seller in writing 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 thirty (30) days, 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.
7. TERMINATION AND REMEDIES
A. If Seller shall have failed to perform any of the covenants and promises
contained herein, which are to be performed by Seller, within fifteen (15) days of
written notification of such failure, Purchaser may, by giving written notice, at its
option terminate this Agreement or extend the Closing Date. 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.
B. 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 $500.00 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
Section 10, 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.
C. 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.
(/j;J Page No.4
IOF
8. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
Seller intends for Purchaser to rely on the representations contained in this Section in
entering into this Agreement and warrants the following:
A. Seller has 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.
B. 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 requested.
C. The warranties set forth in this Article are true on the Effective 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.
D. Seller and Purchaser agree to do all things which may be required to give
effect to this Agreement immediately as such requirement is made known to them
or they are requested to do so, whichever is the earlier.
E. 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.
F. No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
G. Until the date fixed for Closing or as 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.
H. 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 that since it has owned the Property, the Property has not been
used for the production, handling, storage, transportation, manufacture or disposal
of Hazardous Materials as defined herein, or any other activity that would have
toxic results, and no such Hazardous Materials 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 Hazardous Materials 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.
I. Seller has no knowledge that the Property, and/or that Seller's operations
concerning the Property, are in violation of any applicable Federal, State or local
statute, law or regulation, or has not received 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
~ Page No.5
)
Property in order to comply with any laws, ordinances, codes or regulation with 10F
which Seller has not complied.
J. 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.
K. Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated herein 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.
9. NOTICES
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 registered or certified mail, return receipt requested, postage prepaid or
personal delivery addressed as follows:
If to Purchaser: Transportation Engineering & Construction Management
Attn: Kevin Hendricks
Right-of-Way Acquisition Manager
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239-252-8192
Fax 239-530-6643
With a copy to: Ellen T. Chadwell
Assistant County Attorney
Office of the County Attorney
Harmon Turner Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone 239-774-8400
Fax 239-774-0225
If to Seller: Heyward B. Starling, President
Otamot Development Corp
5580 8th Street W, Suites 6 & 7
Lehigh Acres, FL 33971
Telephone 239-303-7722
Fax 239-303-7720
With a copy to: James F. Morey, Esq.
2375 Tamiami Trail N., Suite 210
Naples, FL 34103
Telephone 239-643-1429
Fax 239-643-2291
The addressees, addresses and numbers for the purpose of this Section 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 addressees, addresses
and numbers 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
@/) Page No.6
lor
purposes. Notice shall be deemed given in compliance with this Section upon receipt
of automated fax confirmation or upon on the fifth day after the certified or registered
mail has been postmarked, or physical receipt by hand delivery.
10. REAL ESTATE BROKERS
Any and all brokerage commissions or fees shall be the sole responsibility of the Seller
and shall be paid at Closing. Seller shall indemnify Purchaser from and against any
aim or liability for commission or fees to any broker or any other person or party
claiming to have been a procuring clause or engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement.
11. MISCELLANEOUS
A. This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
B. This Agreement and the terms and provisions hereof shall be effective as of
the Effective Date 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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 s. 286.23,
Fla. Stat., 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.)
I. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
J. The Effective Date of this Agreement will be the date of execution of this
Agreement by the last signing party.
K. This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and there are no promises, representations,
warranties or covenants by or between the parties not included in this Agreement.
No modification or amendment of this Agreement shall be of any force or effect
1I/~7 Page No.7
IOF ...
unless made in writing and executed and dated by both Purchaser and Seller.
L. TIME IS OF THE ESSENCE to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER:
DATED: 9j;~/ '280~
.."
DATED: d!Z9/fJ5'
WITNESSES: OTAMOT DEVELOPMENT CORP.,
a Florida corporation
~.-L~ BY:
If 1Signature)
cI G..r'\ T. f!. 1i.);':.J ./~
{) (Printed NC)
~{O~ ~
~ (Signa~------"
\ \ct'J1c UW )'
(Printed Name)
Approved as to form and
legal sufficiency:
/'\ -
{. .
BY:
Jeff . right, Assistant County Attorney
Last Revised: 8/5/0B
Page No.8
0000
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.',
MEMORANDUM
Date: March 19,2008
To: Dianna Perryman, Contract Specialist
Purchasing Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Contract #08-5011: "Annual Contract for Underground
Utility Contracting Services"
Contractor: Haskins, Inc.
Attached please find three (3) original documents, as referenced above,
(Agenda Item #10H), approved by the Board of County Commissioners
on Tuesday, March 11,2008.
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, please contact me at 252-7240.
Thank you.
Attachments (3)
_._-_._~-~.._. . m__.__
.1. ,11\ /Ill..
~ '\fJ ~IJI
'-!-;l
. 1 '\
ITEM NO,: a -PRe -00&11
FILE NO,:
C._" ,.- , \~. : l"ji
I' ", \ It, -~
,/)u~iiV A"hOR~~[\
DATE RECEIVED:
ROUTED TO:
2DG8 !'i;\R I 4 Ar\ i i: 41\
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: March 12,2008
To: Office of the County Attorney
Attention: Robert Zachary
From: Dianna Perryman" Contract Specialist )(f
Purchasing Department, Extension 4270
Re: Contract: #08-5011 "Annual Contract for Underground Utility
Contracting Services"
Contractor: Haskins, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on March 11, 2008; Agenda
Item 10,H
This item has not been previously submitted,
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, please forward to the Chairman of the Board of County
Commissioners 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,
3j;i/Ior~~V;~~~~)
cc....~
? -r3 -oy
C: Ty Stuller, Water Dept.
1" IMI
MEMORANDUM
TO: Jeff Walker
Risk Management Department
FROM:
Dianna Perryman, Contract Specialist ~,Q..
Purchasing Department Y\f
DATE: March 12,2008
RE: Review of Insurance for Contract: #08-5011 "Annual Contract for
Underground Utility Contracting Services"
Contractor: Haskins, Inc.
This Contract was approved by the BCC on March 11, 2008; Agenda Item
10,H
Please review the Insurance Certificates for the above-referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, please advise me when it has been forwarded,
Thank you, If you have any questions, please contact me at extension 4270,
~
.3I0r
cr
DATE RECEIVED
MAR 1 3 2008
RISK MANAGEMENT
dod/DP
C: Ty Stuller, Water Dept.
A G R E E MEN T 08-5011
1.0. L'
. ~ .
"Annual Contract for UnderQround Utility ContractinQ Services"
THIS AGREEMENT is made and entered into this I (fI1jay of fh cu--d) , 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 Haskins. Inc. authorized
to do business in the State of Florida, whose business address is 10956 Enterprise Avenue, Bonita
Springs, Florida 34135 (hereinafter referred to as the "Contractor"),
WIT N E SSE T H:
1, COMMENCEMENT: The contract shall be for the period of twenty four (24) months, Additionally,
by mutual agreement and funding availability, the contract may be renewed for two (2) terms of
twenty four (24) months each. In no event, including renewal options, shall the contract exceed six
(6) years, The Purchasing/General Services Director 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 Purchasing/General Services Director, or his designee, 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, STATEMENT OF WORK: The Board of County Commissioners deemed five firms to be pre-
qualified and awarded a Contract to each firm, Each awardee will enter into an Agreement to
provide complete services for a wide range of minor-to-medium scale future construction,
renovation and retrofit projects on an as-needed basis as may be required by the Owner in
accordance with the terms and conditions of RFP 08-5011 and the Contractor's proposal 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. Rather, this Agreement governs the
rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work
undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the
term and any extension of the term of this Agreement.
The Owner shall provide a summary of Work to be performed which will afford the Contractor the
opportunity to submit a formal quotation for the Work; the Contractor shall respond with the
information sought within seven (7) working days, For projects with an estimated cost of Fifty
Thousand ($50,000) or less, the Owner shall obtain a proposal from one or more of the five (5)
selected firms, negotiate favorable project terms and conditions, and issue a numbered Work
Order to initiate the projects,
For projects with an estimated cost over Fifty Thousand Dollars ($50,000) and less than Two
Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from all of the
contracted firms; the Contractor shall respond with the information and or proposal sought within
ten (10) working days, the Owner shall negotiate favorable project terms and conditions, and
issue a numbered Work Order to initiate the projects, Division Administrator and County Attorney
approval is required at this level.
For projects over Two Hundred Thousand Dollars ($200,000) and less than Seven Hundred Fifty
Thousand ($750,000), competitive quotations shall be solicited from all of the contracted firms.
Staff recommendations will then be submitted to the Board of County Commissioners for approval
after County Attorney and Division Administrator approval.
Page -1-
IOU
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion,
Work orders shall not be required for emergency work but will be authorized by Purchase Order
only, The Forms attached to this Agreement as Exhibits A through D shall not be required for
emergency work.
The Contractor will be compensated for time and material work, either emergency or scheduled,
in accordance with the rate sheet with material and specialty equipment markup.
3, EMERGENCY WORK: Contractors under this Agreement will be on an on-call rotation schedule
for emergency underground utility contracting services. The on-call Contractor shall be required
to have a cell phone number, along with a home number, to the County so that the County will be
able to contact the Contractor when needed. This schedule will be rotated on a one (1) week
basis,
In the event that a Contractor cannot be on-call as scheduled, it will be rotated to the next
scheduled Contractor, and the schedule will continue with each Contractor having no more than
two (2) weeks in a row on-call.
4, THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
Quotation, Any County agency may utilize the service offered under this contract, provided
sufficient funds are included in their budget(s),
5, NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by
registered or certified mail to the Contractor at the following address:
Haskins, Inc.
Joel Chambers
10956 Enterprise Ave" Bonita Springs, FL 34135
Phone: 239-947-1846
Fax: 239-947-3857
All notices from the Contractor to the County shall be deemed duly served if mailed by registered
or certified mail to the County at the following address:
Collier County Government Complex
Attn: Purchasing/General Services Director
Purchasing Department
3301 East Tamiami Trail, Purchasing Building G
Naples, Florida 34112
239-252-8407
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification, All notices under this Service 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 Contractor or to constitute the Contractor as an agent of
the County,
Page -2-
10"
11. ~
,
7. 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,
8, 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
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,
9. 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 seven (7) day written notice, The County shall be sole judge of non-
performance,
10, NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin,
11, INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 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 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 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.
Page -3-
Special Requirements: Collier County Board of County Commissioners shall be lis7eJls~e
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 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,
12, 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 County,
13. BONDS,
A. The Owner shall use its discretion for bonding where a project may be in excess of fifty
thousand dollars ($50,000) but completed in less than sixty (60) days,
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond
prior to commencing performance, for the full amount of the Work which shall act as a security
guaranteeing the performance of the Contractor's work and the payment by the Contractor to
any other party (ies) providing labor and/or materials in connection with each construction or
renovation project performed by the Contractor in excess of fifty thousand dollars ($50,000).
The bonds shall be furnished using the forms prescribed in Exhibit "A".
C. 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 another bond and surety, both of which shall be subject to the Owner's
approval.
14, PAYMENTS, Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments, Before any payment will be made, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "B" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "C",
Page -4-
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15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punch list 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, SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications
shall be approved in writing by Owner in advance,
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 the
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
coordination of all portions of the Work under the Contract Documents, 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 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.
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. Promptly after being notified of a change, Contractor
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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 office, employee or agent of Owner is authorized to direct any extra or changed
work orally,
A Change Order in the form attached as Exhibit "D" 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,
19.COMPLlANCE 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 Contract Documents 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.
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 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 final 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. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law,
Page -6-
23. EMPLOYEES, The Contractor shall employ people to work at the Owner's facilities who !Jleti,
clean, well groomed and courteous,
24. TESTS AND INSPECTIONS, 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 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.
25, 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.
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.
26, EMERGENCIES, In the event of any 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 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
the Contract Documents 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 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, 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 and request that Owner issue a Certificate of
Completion (substantial or final Certificate of Completion), 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,
Page -7-
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If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare
and deliver to Contractor a Certificate of Completion (substantial or final Certificate of Completion)
which shall fix the date of Substantial Completion for the entire Work (or designated portion
thereof) and include a tentative punchlist of items to be completed or corrected by Contractor
before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
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, and upon receipt of a
final Application for Payment, Owner will make such inspection and, if Owner finds the Work
acceptable and fully performed under the Contract Documents, he shall promptly issue a final
Certificate for Payment, recommending that on the basis of his 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, Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B",
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as
receipt, 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
Works acceptability, Unless and until the Owner is completely satisfied, the final payment shall
not become due and payable,
28. LIQUIDATED DAMAGES, The "Commencement Date" shall be established in the Notice to
Proceed to be issued 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 the Contract
Documents, 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
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,
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly
Page -8-
waives and relinquishes any right which it may have to seek characterize the alQ tlted
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.
29, CONTRACT ADMINISTRATION, This Agreement shall be administered on behalf of the County
by the Public Utilities Engineering Department.
30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate, Request for Proposal No, 08-
5011, any addenda, Exhibits A. B, C and D, any QuotationlWork Order made or issued pursuant
to this Agreement, and any related plans or specifications for any such Quotations or Work
Orders,
31,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,
32. 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,
33, 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,
34, 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.
35, OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation
or resultant contract to other governmental entities at the discretion of the successful proposer.
Page -9-
lor
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.
A TTESr
Dwight E, Bro6/<, C~rk of Courts
By: . .. tt. .
BOARD OF COUNTY COMMISSIONERS
COLLIER COU TY, FL RIDA
Tom Henning ,Chair an
By:
(75#7 !lurrJi
First Witness
IScn !)~/( JI
Type/Print Witness Name
~ ~
~-
on Witness
"JD,ce...... ~L>L T
Type/Print Witness Name
Haskins, Inc.
~
By: /./
/' Signature
~ C/l4d;g€/ZS
Typed Signature
////lN40e.e
Title
Approved as to form and
legal su ic' : ~(
Robert N, Z ary
Assistant County Attorney
Page -10-
EXHIBIT A
PUBLIC PAYMENT BOND
1000
Bond No,
Contract No, 08-5011
KNOW ALL ME BY THESE PRESENTS: That
are held and firmly bound to
Oblige in the sum of ($
) for the payment whereof we bind ourselves, our heirs, executors, personal representatives,
successors and assigns, jointly and severally,
, as
, as Surety, located at _
(Business Address)
as
Principal, and
WHEREAS, Principal has entered into a contract dated as of the
,200_, with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255,05(1), Florida Statutes,
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 255,0592, 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
200_, the name of under-signed representative, pursuant to authority of its governing
body.
Page -11-
Signed, sealed and delivered
in the presence of:
ION
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
, as
corporation,
,a
known to me OR has produced
not) take an oath,
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
of
200_, by _
of
on behalf of the corporation, He/she is personally
as identification and did (did
(Signature of Notary)
Name:
(legibly Printed)
Notary Public, State of
Commission No,:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
Page -12-
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As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200__, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -13-
10M
EXHIBIT A-1
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 08-5011
WHEREAS, Principal has entered into a contract dated as of the _ day of
200_, with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or
to work or to the specifications.
Page-14-
'1' 'O'..{~'"
,. ~i
' ,. ,. ...,
, ... J
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.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of
200_, 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:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200_, by , as of
, a corporation, on behalf of the corporation.
He/She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -15-
ATTEST:
SURETY:
10 fJI
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200_, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -16-
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
IOU
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
200_ for the period from to
(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) 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
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
,200_, by
day of
corporation.
of , a
He/she is personally known to me or has produced
as identification and did (did not) take an oath.
, as
corporation, on behalf of the
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page -17-
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
lOB
(County Project Manager) RFP No. 08-5011
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER)
Application Date
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
Payment Application No.
for Work accomplished through the
Date:
RE:
(Project Name)
Original Contract Time:
Revised Contract Time:
%
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Total earned Less Retainage $
Less previous payment (s) $
Percent Work completed to Date:
Percent Contract Time completed
to Date
%
AMOUNT DUE THIS
APPLICATION: $
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; (4) and CONTRACTOR agrees that all
overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall
be incorporated into a future Change Order:
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)
Page -18-
EXHIBIT D
CHANGE ORDER
ifI,>1\t!
JL~U n
CHANGE ORDER NO.
CONTRACT NO. 08-5011
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,200 .
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shali be (increased/decreased) by calendar days due to this Change Order. Accordingiy,
the Contract Time is now (-1 calendar days. The substantial completion date is and the
finai completion date is . Your acceptance of this Change Order shali 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 fuliy as if the same were repeated in this acceptance. The adjustment. if any, to the Agreement shali constitute a
fuli and final settlement of any and ali claims of the Contractor arising out of or related to the change set forth herein,
including claims for impact and delay costs.
Accepted:
,200_
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSiONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
Page -19-
lO~
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMiDOIVYYY)
1/22/2008
PRODUCER Phone: 239 278 0278 Fax: 239 278 5306 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brown & Brown, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3820 Colonial Blvd., Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Myers FL 33966-1094
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: FCC I Commercial Insurance Co.
Haskins, Inc. INSURER B: FCCI Insurance Comnanv
H & K Equipment Sales & Rental, Inc.
10956 Enterprise Avenue INSURER C:
Bonita Springs FL 34135 INSURER 0:
INSURERE:
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
~~EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY NUMBER POLICY EFFECTIVE P~~$J,EXPIRATION LIMITS
A ~NE RAL L1ABI UTY GLOO056581 7/1/2007 7/1/2008 EACH OCCURRENCE $1 000 000
;L pMERCIAL GENERAL LIABILITY PREMISES Eao~~r~ncel $100 000
- CLAIMS MADE [X] OCCUR MED EXP (Any ore person) $5 000
;L ~nnt rn<,tl1r;'ll PERSONAL & ADV It'lLJURY $1 000 000
- I GENERAL AGGREGATE .2 000 000
~Nt. AGG~Ef;lE ~)MIT AP[;lS ~ER: PRODUCTS - COlv1PIOP AGG $2 OQO 000
x POLICY ~f8T X LOC
A ~OMOBILE LIABILITY CAOO047494 7/1/2007 7/1/2008 C0rvlBINED SINGLE LIMIT
P- ANY AUTO (EaaccidBrt) $1,000,000
c- ALLOWNEDAUTOS BODILY INJURY
(Per person) $
c- SCHEDULEDAUTOS
I--- HIREDAlJTOS BODILY INJURY
$
NON-oWNEDAUTOS (Perao:idBl1I)
I--
c- PROPERTY DAMAGE $
(Pefacclool1l)
RAGELlABIUTY AUTOONL Y-EAACCIDENT $
ANYAUlO OTHER THAN EA ACC $
AUTOONl Y: AGG $
A ~ESSIUMBRELLA UABIUTY UMBOO056761 8/16/2007 8/16/2008 EACH OCCURRENCE $2 000 000
X OCCUR D CLAIMS MADE AGGREGATE $2 000 000
$
~ DEDUCTIBLE S
X RETENTION $10 000 . s
B WORKERS COMPENSATION AND 54191 7/1/2007 7/1/2008 X I T~g$lm"WR I I OJ~'
EMPLOYERS' UABILlTY
ANY PROPRIETORIPAATNER/EXECUTIVE EL EACH ACCIDENT H 000 000
OFFICERiMElItllER EXCLUDED? EL DISEASE- EA EMPLOYEE $1 000 000
~~~I~t~!~~SIS~NS beklw EL DISEASE-POLlCYLlMIT $1 oon ann
A OTHER CMOO031681 7/1/2007 7/1/2008 Maximum Limit ~100,OOO
Leased or Ren ted I
Equipment
DESCRIPTION OFOPERATIONSJ LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
~~O DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM APPLIES, 30 DAYS FOR ALL OTHER REASONS.
MBRELLA FOLLOWS FORM OVER GENERAL LIABILITY, BUSINESS AUTO, AND EMPLOYERS LIABILITY
KE: RFP #08-5011 "Annual Contract for Underground Utility Contracting Services" Collier County Board of County
offiffilssioners is Additional Insured with regards to the General Liability ever age shown above, for work performed by
he named insured as required by written contract. A Waiver of Subrogation is included for the General Liability
overage.
CERTIFICATE HOLDER CANCELLATION,n c,,,o
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
:::ollier Commissioners BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
county Board of County WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE
General Services Building CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILU;l.3: TO 00 SO
3301 East Tamiami Trail SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
Npales FL 34112 THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTAT)V~
. ~O- '--- f'r'\-+-t.>
ACORD 25 (2001/08)
@ACORDCORPORATION1988
10111
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 Of negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
ttU)f~
MEMORANDUM
Date:
March 19,2008
To:
Dianna Perryman, Contract Specialist
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #08-5011: "Annual Contract for Underground
Utility Contracting Services"
Contractor: Mitchell & Stark Construction
Attached please find three (3) original documents, as referenced above,
(Agenda Item #10H), approved by the Board of County Commissioners
on Tuesday, March 11,2008.
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, please contact me at 252-7240.
Thank you.
Attachments (3)
10M
ITEM NO.: DS,:j)}2L-OO ~/3
FILE NO.:
k I '. . '" ;. ;[.
!\...,.'L. VI '11..
,DUrnY ATTORNF\
DATE RECEIVED:
ROUTED TO:
zaDS 1'1 :\': I 4 AN i:; 4 <li
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: March 12,2008
To: Office of the County Attorney
Attention: Robert Zachary
From: Dianna Perryman., Contract Specialist 1<<
Purchasing Department, Extension 4270
Re: Contract: #08-5011 "Annual Contract for Underground Utility
Contracting Services"
Contractor: Mitchell & Stark Construction
BACKGROUND OF REQUEST:
This contract was approved by the BCC on March 11, 2008; Agenda
Item 10.H
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, please forward to the Chairman of the Board of County
Commissioners 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.
/ j /). . / ^ --r- I--r~J ~.!f?-J
3INIOV-~~1 f
cC--~
~ '" I ~ ,t5~
C: Ty Stuller, Water Dept.
10!-~
MEMORANDUM
TO: Jeff Walker
Risk Management Department
FROM: Dianna Perryman, Contract Specialist 'bf
Purchasing Department
DATE: Ma~h12,2008
RE: Review of Insurance for Contract: #08-5011 "Annual Contract for
Underground Utility Contracting Services"
Contractor: Mitchell & Stark Construction
This Contract was approved by the BCC on March 11, 2008; Agenda Item
10.H
Please review the Insurance Certificates for the above-referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, please advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 4270.
i-- -.?j:y-j;. f
DATE RECEIVED
MAR 1 3 2008
RISK MANAGEMENT
dod/DP
C: Ty Stuller, Water Dept.
lOA
A G R E E MEN T 08-5011
"Annual Contract for Underqround Utility Contractinq Services"
THIS AGREEMENT is made and entered into this 11Jay of fYirl vLh , 2008, by
and between the Board of County Cornmissioners for Collier County, Florida, a political subdivision of
the State of Florida (hereinafter referred to as the "County" or "Owner") and Mitchell & Stark
Construction authorized to do business in the State of Florida, whose business address is 6001
Shirley Street, Naples, Florida 34109 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for the period of twenty four (24) months. Additionally,
by mutual agreement and funding availability, the contract may be renewed for two (2) terms of
twenty four (24) months each. In no event, including renewal options, shall the contract exceed six
(6) years. The Purchasing/General Services Director 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 Purchasing/General Services Director, or his designee, 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. STATEMENT OF WORK: The Board of County Commissioners deemed five firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for a wide range of minor-to-medium scale future construction,
renovation and retrofit projects on an as-needed basis as may be required by the Owner in
accordance with the terms and conditions of RFP 08-5011 and the Contractor's proposal 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. Rather, this Agreement governs the
rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work
undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the
term and any extension of the term of this Agreement.
The Owner shall provide a summary of Work to be performed which will afford the Contractor the
opportunity to submit a formal quotation for the Work; the Contractor shall respond with the
information sought within seven (7) working days. For projects with an estimated cost of Fifty
Thousand ($50,000) or less, the Owner shall obtain a proposal from one or more of the five (5)
selected firms, negotiate favorable project terms and conditions, and issue a numbered Work
Order to initiate the projects.
For projects with an estimated cost over Fifty Thousand Dollars ($50,000) and less than Two
Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from all of the
contracted firms; the Contractor shall respond with the information and or proposal sought within
ten (10) working days, the Owner shall negotiate favorable project terms and conditions, and
issue a nurnbered Work Order to initiate the projects. Division Administrator and County Attorney
approval is required at this level.
For projects over Two Hundred Thousand Dollars ($200,000) and less than Seven Hundred Fifty
Thousand ($750,000), competitive quotations shall be solicited from all of the contracted firms.
Staff recommendations will then be submitted to the Board of County Cornmissioners for approval
after County Attorney and Division Administrator approval.
Page -1-
lOH
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
Work orders shall not be required for emergency work but will be authorized by Purchase Order
only. The Forms attached to this Agreement as Exhibits A through 0 shall not be required for
emergency work.
The Contractor will be compensated for time and material work, either emergency or scheduled,
in accordance with the rate sheet with material and specialty equipment markup.
3. EMERGENCY WORK: Contractors under this Agreement will be on an on-call rotation schedule
for emergency underground utility contracting services. The on-call Contractor shall be required
to have a cell phone number, along with a home number, to the County so that the County will be
able to contact the Contractor when needed. This schedule will be rotated on a one (1) week
basis.
In the event that a Contractor cannot be on-call as scheduled, it will be rotated to the next
scheduled Contractor, and the schedule will continue with each Contractor having no more than
two (2) weeks in a row on-call.
4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the service offered under this contract, provided
sufficient funds are included in their budget(s).
5. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by
registered or certified mail to the Contractor at the following address:
Mitchell & Stark Construction
Brian Penner, CEO
6001 Shirley Street, Naples, Florida 34109
Phone: 239-597-2165
Fax: 239-566-7865
All notices from the Contractor to the County shall be deemed duly served if mailed by registered
or certified mail to the County at the following address:
Collier County Governrnent Complex
Attn: Purchasing/General Services Director
Purchasing Department
3301 East Tamiami Trail, Purchasing Building G
Naples, Florida 34112
239-252-8407
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreernent must be in writing.
6. 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.
Page -2-
10H
7. 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 perforrnance of the Work.
8. NO IMPROPER USE: The Contractor will not use, nor suffer or perrnit 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
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.
9, TERMINATION: Should the Contractor be found to have failed to perform his services in a
rnanner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County rnay terminate this Agreement for
convenience with a seven (7) day written notice. The County shall be sole judge of non-
performance.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Cornpleted Operations and Contractual Liability.
B. Business Auto 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 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.
Page -3-
10H
Special Requirements: Collier County Board of County Commissioners shalr'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 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.
12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indernnify 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 County.
13 BONDS.
A. The Owner shall use its discretion for bonding where a project may be in excess of fifty
thousand dollars ($50,000) but completed in less than sixty (60) days.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond
prior to commencing performance, for the full amount of the Work which shall act as a security
guaranteeing the performance of the Contractor's work and the payment by the Contractor to
any other party (ies) providing labor and/or rnaterials in connection with each construction or
renovation project performed by the Contractor in excess of fifty thousand dollars ($50,000).
The bonds shall be furnished using the forms prescribed in Exhibit "A".
C. 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 another bond and surety, both of which shall be subject to the Owner's
approval.
14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "B" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "C".
Page -4-
lon
15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punch list 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. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications
shall be approved in writing by Owner in advance.
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 the
Project by its subcontractors and rnaterialmen, 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, rnethods, techniques, sequences, and procedures as well as
coordination of all portions of the Work under the Contract Documents, 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 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.
18. CHANGES IN THE WORK. Owner shall have the right at any tirne during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
Page -5-
shall submit an itemized estimate of any cost or time increases or savings it forelQ tl 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 office, employee or agent of Owner is authorized to direct any extra or changed
work orally.
A Change Order in the form attached as Exhibit "D" 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.
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 Contract Documents 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.
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 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 rnaterials 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 final 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 replacernent or
repair. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
Page -6-
10" '
23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat,
clean, well groomed and courteous.
24. TESTS AND INSPECTIONS. 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 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.
25. 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
sarne, and any monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any rnanner 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.
26. EMERGENCIES. In the event of any 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 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
the Contract Documents 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 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. 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 and request that Owner issue a Certificate of
Completion (substantial or final Certificate of Cornpletion). 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.
Page -7-
lOH
If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare
and deliver to Contractor a Certificate of Completion (substantial or final Certificate of Completion)
which shall fix the date of Substantial Completion for the entire Work (or designated portion
thereof) and include a tentative punchlist of items to be completed or corrected by Contractor
before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
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, and upon receipt of a
final Application for Payment, Owner will rnake such inspection and, if Owner finds the Work
acceptable and fully performed under the Contract Documents, he shall promptly issue a final
Certificate for Payment, recommending that on the basis of his 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. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as
receipt, 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
Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall
not become due and payable.
28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued 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 Commencernent 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 the Contract
Documents, 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
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.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly
Page -8-
lOH
waives and relinquishes any right which it may have to seek 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.
29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Public Utilities Engineering Department.
30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 08-
5011, any addenda, Exhibits A, B, C and D, any QuotationlWork Order made or issued pursuant
to this Agreement, and any related plans or specifications for any such Quotations or Work
Orders.
31. 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.
32. 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 firrn 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.
33. 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.
34. 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.
35. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation
or resultant contract to other governmental entities at the discretion of the successful proposer.
Page -9-
l((1)r"
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.
Dated: g
(Seal .
Attest II to Oil. tnIM t
~ lop H!'re. (\h h
J5-/~ h~.....-'
First Witness
~I.:.td" ,gu ~.hA'.,.{~
Type/Print Witness ame
/.? J j7 / /1
(.. ? ---, i r
. _ /':'~.f [~" :/....: Of ~ /~-p1' ___"",/'
. Second Witness
c.. i., j iJ 1r !-P /' O>i>-7\--/
Type/Print Witness Name
Approved as to form and
legalsu .. ~
BOARD OF COUNTY COMMISSIONERS
COLLIER COU TY, FL RIDA
By:
.
Tom Henning, Chair n
By:
Mitchell & Stark Construction
Contractor
/~~
Signature
B (' ;'",-tV PC--N"lJ2J'
Typed Signature
L r.; 0 / V )~
Title
Page -10-
EXHIBIT A
PUBLIC PAYMENT BOND
l(rR
Bond No.
Contract No. 08-5011
KNOW ALL ME BY THESE PRESENTS: That
are held and firmly bound to
Oblige in the sum of ($
) for the payment whereof we bind ourselves, our heirs, executors, personal representatives,
successors and assigns, jointly and severally.
, as
, as Surety, located at_
(Business Address)
as
Principal, and
WHEREAS, Principal has entered into a contract dated as of the
,200_, with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
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 255.0592. 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
200__, the narne of under-signed representative, pursuant to authority of its governing
body.
Page -11-
Signed, sealed and delivered
in the presence of:
1 <<l11
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
, as
corporation,
of
200__, by _
of
on behalf of the corporation. He/she is personally
as identification and did (did
,a
known to me OR has produced
not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
Page -12-
10H 1~~
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200__, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page-13-
10.,
EXHIBIT A-1
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 08-5011
WHEREAS, Principal has entered into a contract dated as of the _ day of
200_, with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or
to work or to the specifications.
Page -14-
lOH
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.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of
200_, 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:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200_, by , as of
, a corporation, on behalf of the corporation.
He/She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page-15-
ATTEST:
SURETY:
lID !J9
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200_, by ,as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page-16-
lO:H
EXHIBIT B
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
200_ for the period from to
(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) 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
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
,200_, by
of , a
corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
, as
corporation, on behalf of the
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page -17-
torm
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) RFP No. 08-5011
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER)
Application Date
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
Payment Application No.
for Work accomplished through the
Date:
RE:
(Project Name)
Original Contract Time:
Revised Contract Time:
Percent Work completed to Date:
Percent Contract Time completed
to Date
%
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Total earned Less Retainage $
Less previous payment (s) $
%
AMOUNT DUE THIS
APPLICATION: $
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; (4) and CONTRACTOR agrees that all
overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall
be incorporated into a future Change Order:
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)
Page -18-
10 H h~"',,...,
EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO. 08,5011
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,200 .
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now (-1 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.
Accepted:
.200_
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
Page -19-
I IH
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID R3 DATE (MMJDDfYYYY)
MITCH-1 02/26/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Tobias Insurance Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
9247 N. Meridian St. Ste. 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Indianapolis IN 46260
Phone: 317-844-7759 Fax:317-844-9910 INSURERS AFFORDING COVERAGE NAlC#
INSURED INSURER A: Zurich AlIlerican Ins. Company
INSURER B: Arch Specialty Insurance Co. 21199
Mitchell << Stark Construction INSURER c:
com~anh( Inc. - Florida
600 S ~r1er Street INSURER 0:
Naples FL 3 109 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.
LTR NSR TYPE OF INSURANCE POLICY NUMBER PD~\-E iMMIDD~E DATE'IMMIDD~\' LIMITS
~NERAL LIABILITY EACH OCCURRENCE $1,000,000
A X X COMMERCIAL GENERAL LIABILITY GL0464148403(08) 03/01/08 03/01/09 ~~~:s~s (Ea occurence) $300,000
I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $10,000
PERSONAL & AOV INJURY $1,000,000
f--
f-- GENERAL AGGREGATE $2,000,000
rl'L AGGRE~E~L1MIT APPlS PER: PRODUCTS - COMPIOP AGG $2,000,000
POLICY X ~~8i LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
f-- $1,000,000
A e!- ANY AUTO BAP464148303(08) 03/01/08 03/01/09 (Eaaccident)
ALL OWNED AUTOS BODILY INJURY
c- $
SCHEDULED AUTOS (Per person)
f--
..!. HIRED AUTOS 80DIL Y INJURY
$
..!. NON-OWNED AUTOS (Per accident)
-- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
~ESSJUMBRELLA LIABILITY EACH OCCURRENCE $20,000,000
B X OCCUR D CLAIMS MADE ULPOO0476303(08) 03/01/08 03/01/09 AGGREGATE $20,000,000
$
~ DEDUCT'"LE $
X RETENTION $0 $
WORKERS COMPENSATION AND X I TORY LlMIn' I I o~~-
EMPLOYERS' LIABILITY
A ANY PROPRIETOR/PARTNER/EXECUTIVE WC464148503 (08) 03/01/08 03/01/09 E.l. EACH ACClDENT $1,000,000
OFFICER/MEMBER EXCLUDED? E.L. DISEASE EA EMPLOYEE $1,000,000
lfyes. describe under $1,000,000
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT
OTHER
DESCRIPTlON OF OPERATIONS f LOCATIONS J VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
ADDITIONAL INSURED[GENERAL LIABILITY] : COLLIER COUNTY BOARD OF
COMMISSIONERS. RE: CONTRACT #08-5011-"ANNUAL CONTRACT FOR UNDERGROUND
UTILITY CONTRACTING SERVICES".
CERTIFICATE HOLDER
CANCELLATION
COLLIER COUNTY BOARD OF
COMMISSIONERS
3301 EAST TAMIAMI TRAIL
NAPLES FL 34112
COLLI _ 8 SHOULD ANY OF THE 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 FAIL.URE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTH 0 REPRESENTATIVE
...
CORD CORPORATION 1988
ACORD 25 (2001/08)
IF YOU ARE THE RECIPIENT OF THIS CERTIFICATE:
ANY WORDING TO INCLUDE THE HOLDER AS AN ADDITIONAL INSURED, PROVIDE
COVERAGE ON A PRIMARY AND NON-CONTRIBUTORY BASIS, OR PROVIDE A WAIVER OF
SUBROGATION APPLIES ONLY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT
IOU
IF YOU ARE THE REQUESTOR TO PROVIDE THIS CERTIFICATE:
Tobias Insurance Group, Inc. has, upon your request, issued the attached
Certificate of Insurance.
If you did not already, we highly recommend that you provide our Agency
with a copy of the insurance and indemnification provisions of the
contract pertaining to the certificate request so that we may properly
ascertain whether your insurance program addresses the terms, types and
amounts of insurance coverage referenced by the contract.
While most certificates can be issued at no cost to you, the contract may
identify insurance requirements that require the purchase of insurance
coverage at an additional premium. In some instances, the coverage
identified in the contract may be outside the underwriting guidelines of
the insurance carrier and cannot be obtained. In other instances, you may
not wish to purchase the additional coverage and may attempt to negotiate
changes in the insurance requirements.
In perfor.ming the review of your contracts, neither Tobias Insurance
Group, Inc. nor its employees are providing legal advice or a legal
opinion concerning any portion of the contract. Our Agency is not
undertaking to identify all potential liability that might arise under
this contract. This review is provided for your infor.mation and should
not be relied upon by third parties.
Any description of insurance coverage is subject to the terms, conditions,
exclusions and other provisions of the policies and any applicable
regulations, rating rules or plans.
lOH\/~I'.'\
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MEMORANDUM
Date:
March 19, 2008
To:
Dianna Perryman, Contract Specialist
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #08-5011: "Annual Contract for Underground
Utility Contracting Services"
Contractor: Quality Enterprises USA, Inc.
Attached please find three (3) original documents, as referenced above,
(Agenda Item #10H), approved by the Board of County Commissioners
on Tuesday, March 11, 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, please contact me at 252-7240.
Thank you.
Attachments (3)
ITEM NO.: O~ 4> ec---oOf>i S
1 0 H "''''''1
DATE RECEIVED:
,( ':"; l-,t .." / ~.li' (~'-'1L:
"'liJl'm AJTOtlf\Jf=';
zaCB K,J';, 14 Mi I, : ~ (l
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: March 12, 2008
To: Office of the County Attorney
Attention: Robert Zachary
From: Dianna Perryman., Contract Specialist blf
Purchasing Department, Extension 4270
Re: Contract: #08-5011 "Annual Contract for Underground Utility
Contracting Services"
Contractor: Quality Enterprises USA, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on March 11, 2008; Agenda
Item 10.H
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, please forward to the Chairman of the Board of County
Commissioners 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.
3!/'I!or-rf2~ 1f~~ ~ @
c: Ty Stuller, Water Dept.
cC-~
~_I S- ..-t) ~
IOH
MEMORANDUM
TO: Jeff Walker
Risk Management Department
FROM: Dianna Perryman, Contract Specialist ~
Purchasing Department
DATE: March 12,2008
RE: Review of Insurance for Contract #08-5011 "Annual Contract for
Underground Utility Contracting Services"
Contractor: Quality Enterprises USA, Inc.
This Contract was approved by the BCC on March 11, 2008; Agenda Item
10.H
Please review the Insurance Certificates for the above-referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, please advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 4270.
DATE RECEIVED
MAR 1 3 2008
RISK MANAGEMENT
dod/DP
C: Ty Stuller, Water Dept.
A G R E E MEN T 08-5011
10M
,
"Annual Contract for Underaround Utility Contractina Services"
THIS AGREEMENT is made and entered into this --.lL+1lay of !V\Clrd.\ , 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 Quality Enterprises
USA, Inc. authorized to do business in the State of Florida, whose business address is 3894 Mannix
Drive, Suite 216, Naples, Florida 34114-5406 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for the period of twenty four (24) months. Additionally,
by mutual agreement and funding availability, the contract may be renewed for two (2) terms of
twenty four (24) months each. In no event, including renewal options, shall the contract exceed six
(6) years. The Purchasing/General Services Director 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 Purchasing/General Services Director, or his designee, 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. STATEMENT OF WORK: The Board of County Commissioners deemed five firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for a wide range of minor-to-medium scale future construction,
renovation and retrofit projects on an as-needed basis as may be required by the Owner in
accordance with the terms and conditions of RFP 08-5011 and the Contractor's proposal 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. Rather, this Agreement governs the
rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work
undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the
term and any extension of the term of this Agreement.
The Owner shall provide a summary of Work to be performed which will afford the Contractor the
opportunity to submit a formal quotation for the Work; the Contractor shall respond with the
information sought within seven (7) working days. For projects with an estimated cost of Fifty
Thousand ($50,000) or less, the Owner shall obtain a proposal from one or more of the five (5)
selected firms, negotiate favorable project terms and conditions, and issue a numbered Work
Order to initiate the projects.
For projects with an estimated cost over Fifty Thousand Dollars ($50,000) and less than Two
Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from all of the
contracted firms; the Contractor shall respond with the information and or proposal sought within
ten (10) working days, the Owner shall negotiate favorable project terms and conditions, and
issue a numbered Work Order to initiate the projects. Division Administrator and County Attorney
approval is required at this level.
For projects over Two Hundred Thousand Dollars ($200,000) and less than Seven Hundred Fifty
Thousand ($750,000), competitive quotations shall be solicited from all of the contracted firms.
Staff recommendations will then be submitted to the Board of County Commissioners for approval
after County Attorney and Division Administrator approval.
Page -1-
lID/IlI"1 I,
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
Work orders shall not be required for emergency work but will be authorized by Purchase Order
only. The Forms attached to this Agreement as Exhibits A through D shall not be required for
emergency work.
The Contractor will be compensated for time and material work, either emergency or scheduled,
in accordance with the rate sheet with material and specialty equipment markup.
3. EMERGENCY WORK: Contractors under this Agreement will be on an on-call rotation schedule
for emergency underground utility contracting services. The on-call Contractor shall be required
to have a cell phone number, along with a home number, to the County so that the County will be
able to contact the Contractor when needed. This schedule will be rotated on a one (1) week
basis.
In the event that a Contractor cannot be on-call as scheduled, it will be rotated to the next
scheduled Contractor, and the schedule will continue with each Contractor having no more than
two (2) weeks in a row on-call.
4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the service offered under this contract, provided
sufficient funds are included in their budget(s).
5. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by
registered or certified mail to the Contractor at the following address:
Quality Enterprises USA, Inc.
Paul J. Moriarty, Vice President
3894 Mannix Drive, Suite 216, Naples, FL 34114-5406
Phone: 239-435-7200
Fax: 239-435-7202
All notices from the Contractor to the County shall be deemed duly served if mailed by registered
or certified mail to the County at the following address:
Collier County Government Complex
Attn: Purchasing/General Services Director
Purchasing Department
3301 East Tamiami Trail, Purchasing Building G
Naples, Florida 34112
239-252-8407
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service 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 Contractor or to constitute the Contractor as an agent of
the County.
Page -2-
7. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, alltJ~}~
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.
8. 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
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 comrnence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
9. 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 seven (7) day written notice. The County shall be sole judge of non-
performance.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $2,000,000 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.
Page -3-
Special Requirements: Collier County Board of County Commissioners shall be IJtQJdthe
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 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.
12. 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
ernployed 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 County.
13.BONDS.
A. The Owner shall use its discretion for bonding where a project may be in excess of fifty
thousand dollars ($50,000) but completed in less than sixty (60) days.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond
prior to commencing performance, for the full amount of the Work which shall act as a security
guaranteeing the performance of the Contractor's work and the payment by the Contractor to
any other party (ies) providing labor and/or materials in connection with each construction or
renovation project performed by the Contractor in excess of fifty thousand dollars ($50,000).
The bonds shall be furnished using the forms prescribed in Exhibit "A".
C. 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 another bond and surety, both of which shall be subject to the Owner's
approval.
14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "8" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "C".
Page -4-
lOR
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 frorn 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 rernedied 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. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications
shall be approved in writing by Owner in advance.
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 the
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
coordination of all portions of the Work under the Contract Documents, 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 darnages for delay. Contractor's sole
rernedy, 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.
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. Promptly after being notified of a change, Contractor
Page -5-
shall submit an itemized estimate of any cost or time increases or savings it foreseest~Q "ijsult
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 office, employee or agent of Owner is authorized to direct any extra or changed
work orally.
A Change Order in the form attached as Exhibit "D" 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.
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 Contract Documents 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.
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 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 final 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. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
Page -6-
23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities wLOJieat,'
clean, well groomed and courteous.
1 ~- '1
24. TESTS AND INSPECTIONS. 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 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.
25. 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.
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.
26. EMERGENCIES. In the event of any 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 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
the Contract Documents 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 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. 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 and request that Owner issue a Certificate of
Completion (substantial or final Certificate of Completion). 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.
Page -7-
lOH
If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare
and deliver to Contractor a Certificate of Completion (substantial or final Certificate of Completion)
which shall fix the date of Substantial Completion for the entire Work (or designated portion
thereof) and include a tentative punchlist of items to be completed or corrected by Contractor
before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punch list.
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, and upon receipt of a
final Application for Payment, Owner will make such inspection and, if Owner finds the Work
acceptable and fully performed under the Contract Documents, he shall promptly issue a final
Certificate for Payment, recommending that on the basis of his 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. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as
receipt, 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
Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall
not become due and payable.
28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued 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 the Contract
Documents, 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
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.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly
Page -8-
lOH
waives and relinquishes any right which it may have to seek 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.
29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Public Utilities Engineering Department.
30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 08-
5011, any addenda, Exhibits A, B, C and 0, any Quotation/Work Order made or issued pursuant
to this Agreement, and any related plans or specifications for any such Quotations or Work
Orders.
31.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.
32. 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.
33. 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.
34. 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.
35. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation
or resultant contract to other governmental entities at the discretion of the successful proposer.
Page -9-
lOH
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:
~'E
Dated:~ .... ,')
AtU$t IS' ti..-.,.. .
s19f1atur. OIIl ~
BOARD OF COUNTY COMMISSIONERS
COLLIER CO NTY, FL RIDA
By:
=ft:-\
/ .!\.... yJ--,
FIrst Witness
Quality Enterprises USA, Inc.
(\, Contractor
! /
BY:~ Il"----
1 Signature
Louis J. Gaudio
Type/Print Witness Name
Paul J. Moriarty
Typed Signature
'L:{
/ \
(-- )
Vice President
Title
Susan J. Schultz
Type/Print Witness Name
Approved as to form and
legal sufficien' ~
Page -10-
EXHIBIT A
PUBLIC PAYMENT BOND
10ft
Bond No.
Contract No. 08-5011
KNOW ALL ME BY THESE PRESENTS: That
Principal, and
, as
, as Surety, located at _
(Business Address)
as
are held and firmly bound to
Oblige in the sum of ($
) for the payment whereof we bind ourselves, our heirs, executors, personal representatives,
successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
,200_, with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and rnade a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
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
fo rce.
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 tirne lirnitations of Section 255.0592. 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
200_, the name of under-signed representative, pursuant to authority of its governing
body.
Page-11-
Signed, sealed and delivered
in the presence of:
10M
PRINCIPAL:
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of
,0 ~
corporation, on behalf of the corporation. He/she is personally
as identification and did (did
200__, by_
,a
known to me OR has produced
not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
Page -12-
IOH
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200__, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -13-
EXHIBIT A-1
PUBLIC PERFORMANCE BOND
lOH
Bond No.
Contract No. 08-5011
WHEREAS, Principal has entered into a contract dated as of the _ day of
200_, with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or
to work or to the specifications.
Page-14-
10H
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.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this
200_, the name of each party being affixed and these presents
undersigned representative, pursuant to authority of its governing body.
day of
duly signed by its
Signed, sealed and delivered
in the presence of :
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200_, by , as of
, a corporation, on behalf of the corporation.
He/She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -15-
108
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
200_, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -16-
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
10H
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
200_ for the period from to
(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) 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
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
,200_, by
of , a
corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
, as
corporation, on behalf of the
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page -17-
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
lOH :~I
(County Project Manager) RFP No. 08-5011
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER)
Application Date
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
Payment Application No.
for Work accomplished through the
Date:
(Project Name)
RE:
Percent Work completed to Date:
Percent Contract Time completed
to Date
%
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Total earned Less Retainage $
Less previous payment (s) $
Original Contract Time:
Revised Contract Time:
%
AMOUNT DUE THIS
APPLICATION: $
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; (4) and CONTRACTOR agrees that all
overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall
be incorporated into a future Change Order:
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 & Tille)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
Page -18-
EXHIBIT D
CHANGE ORDER
lOH
~I
CHANGE ORDER NO.
CONTRACT NO. 08,5011
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,200_.
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now (-1 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.
Accepted:
,200
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
Page -19-
A CORO,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYYj
] 121/2008
PRODUCER Phone: 757-456-0-:J77 Fax: 757-456-5296 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Rutherfoord ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
222 Central Park Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 1340 I INSURERS AFFORDING COVERAGE
Virginia Beach VA 23462 NAIC#
~c-""-- - - ..------- ---.---------.-
INSURED I_N~~RERA: QJdB~J2.1.lb_l.ic____.Gene;(?-l_ Insu+_ance
Quality Enterprises USA Inc I!,!~URER B: Am~.r i can---.JJlt I 1 Spe.s:;:i_~_L_ine
& Quality Environment Co Inc
3894 Mannix Drive, Suite 216 ~s-,!~~~C:Ever~?_t,__ Nati_9Jlfll InsuJ;:"ance Co_ -
,
Naples FL 34114-5406 ! INSURER D: - - _____n_____ "-
: INSURER E: I
lOH
, ~,
COVERAGES
THE POLICIES 0.=' INSL;RANCE LISTED 8ELOW HAVE BEEN ISSUf::D TO THE INSURED NAMr.;D ABOVE FOR THE POLICY PERIOD INDICATED.
NO~WITHSTANDING ANY REQUIREMEN'.:' , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT I^iITH RESPECT TO WHICH THIS
CERT 1 FICATE MAY BE ISSUED OR MAY P8RTAIN, THE INSURANCE AFFORDED BY THE PO:::'ICIES DESCRIBC:D HEREIN IS SUBJECT ':'0 ALL THE
TERMS, f;XCLUSIONS AND CONDITIONS OF SCCH PO~ICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
iNSR~D'~-----------~---~---~------':-=---- --------- -POLlC:~JFFECTi~rr POLlCil~XPIRAil~N! -------,--- -
lTR NSRD~ TYP'" nF INSURANC'" POLICY NUMBER DATE MM/OD{YY _ DATE MM/DDfYY i LIMITS
A GENERAL LIABILITY A2CG44000702 7/J /2007 '7/1/2008 EACH OCCURRENCE '1. 000 ,OQO__
- -OAMAGEidREi\llTIl-
tOMMERC"" GENERAL UAS'UTY ~_PREMI~~~(~i3 occurencel - '100.000
L ] CLAIMS MADE [X -l OCCUR ~_~ E><:PJ~0Y one P:,~,?Il) , 5 ,000 ""-
-----_.----------- l PER.!?~NAL&ADVI_NJURY $1 000 Qo_~
, J I ~GENERALAGGREGATE $ 2 000 000
----- .- --
I GEN'L AGG~E~E LIMIT AP~S PER: PRODUCTS-COMP/~~ ~0 000 000
~ PRO- -------- ----
. I POLICY X JECT X LOC ,
A I.^U!OMOBILE LIABILITY A2CA44000702 (FL) 7/1/2007 7/1/2008 I
COMBINED SINGLE LIMIT 11,000,000
A L ANY AUTO A2CA440l0702 (VA) 7/1/2007 7/1/2008 (Eaaccidenl)
--
- ALL OWNED AUTOS BODilY INJURY
:$
, SCHEDULED AUTOS ~r_~~~son} --
I-~---- -"- "
IX HIRED AUTOS BODILY INJURY --1'---
c-'- (Per accident)
L NON.OWNED AUTOS -------------- -"--
L COffiR_ Ded. _$1, Q~ ,
PROPERTY DAMAGE ,
X Coll Ded. ~1 000 (Per accident) "
GAFGE UAB'UTY L~~TO ONL!_~_ EA -^CCIDENT .! ------
ANY AUTO , EA ACC ,
, OTHER THAN --
I AUTO ONLY: AGG ,
C EXCESS/UMBRELLA LIABILITY 71C6000003071 7/1/2007 7/1/2008 EACH OCCURRENCE $10,000.000
xl OCCUR CJ CLAIMS MADE ---- --" "-
AGGREGATE J_LO LO 0,0, 0 0 0
------------ ----
- ---=---=~ ;- .""
=1 DEDUCT'BlE -----
RETENTION , .
A WORKERS COMPENSATION AND A2CW44000702 7/1/2007 7/1/2008 '_L wcsTATu:~l 'OTH-I
i TORYLlMll~_ ~____________
EMPLOYERS' LIABILITY i ~L EACH AC~~f:?ENT . $ 500 l_D.D.Q___
ANY PROPRIETORJPARTNERJEXECUTIVE
OFFICER/MEMBER EXCLUDED? ! E.L D!S_E~~--=--~_EMPL9YEEI $ 500, 000____
If yes, describe under
SPECIAL PROVISIONS below ! E.LDISEASE.POLlCYLlMIT 1$500 000
B OTHER CPL13Sl083 7/1/2007 7/1/2008 !$1, 000, 000 per claim
ContraCLO':::S Pollu'~ion 1$2,000,000 aggregate
, ,
DESCRIPTION OF OPERA TrONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDEO BY ENDORSEMENT / SPECIAL PROVISIONS
RE: Contract #08-5011 "Ann'Jal Con ~rac:-_ :.or Underground L;:..ility ContraCc._Lcg Services"
'()::'L_er COJn:..y ic Additional [nsured 'Jnder the General :"iabili:..y policy ',,,i :..h .:::esFect .0 '-"o.::-k per:'crmed by t~he ir.s-Jred,
0 reqJired by wri_:..en con~_ract . TrJai ve.::: 8f subroqa:..ion appljes unde r ':he C;enera2. L.iabLi ty policy.
Collier County Board of
3301 East Tamiami Trail
Naples FL 34112
County
CANCELLATION
SHOULD ANY O? 7HE ABOVE DESCRIBED POLICIES BE CANCE~LED
BEFORE THE EXPlRAiION CATE ~HEREOF, THE ISSUING INSURER
Commissioners WILL ENDEAVOR TO tvlAIL 30 DAYS WRETEN I~OTICE '.':'0 THE
CERTIFICATE HOLDER NAMED TO THE LEFT, SU'.:' FAILURE TO DO SO
SHALL IMPOSE NO 013.LIGAi'ION CR ="IABLITY OF }\NY KIND UPON
'~'HE INSURER, LS !-.GENTS OH REFRESEN'::"A':"IVES.
CERTIFICATE HOLDER
AUTHORIZED REPRESENTATIVE :f
.../~.('. ~
..:-O:-.-f-
~{
.~
~-'Y-........o.-----...
ACORD 25 (2001108)
@ACO
10 H l"t!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.
<5 (2001/08)
10H' .
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prinl llll pink paper. Attach to original dnclIl1lcnL Origillul dnt:lIfllcnls should he l1and delivered 10 the f30ard Office. The completed routing slip and OI'iginal
docUlllents arc to he fnl'wanlcd 10 the Llo:ml Ortlce only after Ihe [loard has taken ad ion on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exc tion of the Chairman's 5i ature, draw a line thrall h routin lines #1 thrall h #4, co Jete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order
1.
2.
3.
4. Colleen M. Greene
Assistant Coun Attome
5. Sue Filson, Executive Mana er
6. Minutes and Records
CMG
3/19/2008
Board of Count Commissioners
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the
executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or
missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BeC has acted to
a
Dorove the item.)
Name of Primary Staff Dianna Perryman, Contract Specialist Phone Number 252-4270
Contact
Agenda Date Item was March I], 2008 Agenda Item Number 10.H
Approved bv the BCC
Type of Document Contract: #08-5011 "Annual contract for Number of Original Five (5)
Attached Underground Utility Contracting Services: Documents Attached
Contractor: Kvle Construction
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 Ie uired.
In most cases (some contracts are an exception), the original docwnent 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 March 11. 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 lieable.
Yes
(Initial
CMG
2.
3.
4.
5.
6.
CMG
CMG
CMG
CMG
CMG
I: Forms! County FonnsJ BCe Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
10 Hfll
ITEM NO.:d :P~G- oC:El;)
. '" , . Ii. "IL DATE RECEIVED:
,,: , "...h_ VI '!,
,:CilJNTY AnORNF'
FILE NO.:
ROUTED TO:
ZOC8 ft\ '\ I 4 Arl j : · 5 I
REQUEST FOR LEGAL SERVICES
OI.,dbQcr
fl.\ ("
? ~C;J'r6
DO NOT WRITE ABOVE THIS LINE
Date: March 12, 2008
From:
Office of the County Attorney'
Attention: nellert ZasAap/ td~
Dianna Perryman., Contract Specialist \>f
Purchasing Department, Extension 4270
To:
Re: Contract: #08-5011 "Annual Contract for Underground Utility
Contracting Services"
Contractor: Kyle Construction, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on March 11, 2008; Agenda
Item 10.H
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, please forward to the Chairman of the Board of County
Commissioners for signature after approval. If there are any questions
c:9ncerningthe document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
c: Ty Stuller, Water Dept.
10 H ~,,~
MEMORANDUM
TO: Jeff Walker
Risk Management Department
FROM: Dianna Perryman, Contract Specialist 114
Purchasing Department
DATE: March 12, 2008
RE: Review of Insurance for Contract: #08-5011 "Annual Contract for
Underground Utility Contracting Services"
Contractor: Kyle Construction, Inc.
This Contract was approved by the BCC on March 11, 2008; Agenda Item
10.H
Please review the Insurance Certificates for the above-referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, please advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 4270.
~
;J/t.,c/o 8
9>
DATE RECEIVED
MAR 1 3 2008
RISK MANAGEMENT
dod/DP
C: Ty Stuller, Water Dept.
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Florida Profit Corporation
KYLE CONSTRUCTION, INC.
Filing Information
Document Number P93000009639
FEI Number 650382582
Date Filed 02/01/1993
State FL
Status ACTIVE
Effective Date 01/28/1993
Principal Address
3636 PROSPECT AVENUE
NAPLES FL 34104 US
Changed 04/18/2000
Mailing Address
3636 PROSPECT AVENUE
NAPLES FL 34104 US
Changed 04/18/2000
Registered Agent Name & Address
ABRAHAM, LANA M
6625 HUNTERS ROAD
NAPLES FL 34104 US
Name Changed: 04/18/2000
Address Changed: 04/18/2000
Officer/Director Detail
Name & Address
TitleVP
ABRAHAM, CHARLES E
6625 HUNTERS ROAD
NAPLES FL 34109
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCLdocnumber=P930000096...1/14/2008
WW\i sunbiz.org - Department of State
Title P
ABRAHAM, LANA
6625 HUNTERS ROAD
NAPLES FL 34109
Annual Reports
Report Year Filed Date
2005 04/15/2005
2006 05/02/2006
2007 04/30/2007
Document Images
04/30/2007" ANNUAL REPORT
05/02/2006" ANNUAL REPORT
oAL1,;i/2QQ!)uccANNUAL Rr::PoRI
04/12/2004 -- ANNUAL REPORT
04/21/2003" ANNUAL REPORT
04/17/2002 -- ANNUAL REPORT
04/26/2001 -- ANNUAL REPORT
Q4!1a12QOllc:::l\NNIJAL REPORT
04/15/1999 -- ANNUAL REPORT
04/16/1998 -- ANNUAL REPORT
05,1() 1/1Q9,/'_c=l'N N LL6lRE:'J'Q RT
05101/1996 -- ANNUAL REPORT
05/01/1995" ANNUAL REPORT
Note: This is not official record. See documents if question or conflict.
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A G R E E MEN T 08-5011
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"Annual Contract for Underaround Utility contractina Services"
THIS AGREEMENT is made and entered into this I {fi1 day of mar-d, ,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 Kyle Construction, Inc.
authorized to do business in the State of Florida, whose business address is 3636 Prospect Avenue,
Naples, Florida 34104 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for the period of twenty four (24) months. Additionally,
by mutual agreement and funding availability, the contract may be renewed for two (2) terms of
twenty four (24) months each. In no event, including renewal options, shall the contract exceed six
(6) years. The Purchasing/General Services Director 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 Purchasing/General Services Director, or his designee, 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. STATEMENT OF WORK: The Board of County Commissioners deemed five firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for a wide range of minor-to-medium scale future construction,
renovation and retrofit projects on an as-needed basis as may be required by the Owner in
accordance with the terms and conditions of RFP 08-5011 and the Contractor's proposal 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. Rather, this Agreement governs the
rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work
undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the
term and any extension of the term of this Agreement.
The Owner shall provide a summary of Work to be performed which will afford the Contractor the
opportunity to submit a formal quotation for the Work; the Contractor shall respond with the
information sought within seven (7) working days. For projects with an estimated cost of Fifty
Thousand ($50,000) or less, the Owner shall obtain a proposal from one or more of the five (5)
selected firms, negotiate favorable project terms and conditions, and issue a numbered Work
Order to initiate the projects.
For projects with an estimated cost over Fifty Thousand Dollars ($50,000) and less than Two
Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from all of the
contracted firms; the Contractor shall respond with the information and or proposal sought within
ten (10) working days, the Owner shall negotiate favorable project terms and conditions, and
issue a numbered Work Order to initiate the projects. Division Administrator and County Attorney
approval is required at this level.
For projects over Two Hundred Thousand Dollars ($200,000) and less than Seven Hundred Fifty
Thousand ($750,000), competitive quotations shall be solicited from all of the contracted firms.
Staff recommendations will then be submitted to the Board of County Commissioners for approval
after County Attorney and Division Administrator approval.
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In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
Work orders shall not be required for emergency work but will be authorized by Purchase Order
only. The Forms attached to this Agreement as Exhibits A through D shall not be required for
emergency work.
The Contractor will be compensated for time and material work, either emergency or scheduled,
in accordance with the rate sheet with material and specialty equipment markup.
3. EMERGENCY WORK: Contractors under this Agreement will be on an on-call rotation schedule
for emergency underground utility contracting services. The on-call Contractor shall be required
to have a cell phone number, along with a home number, to the County so that the County will be
able to contact the Contractor when needed. This schedule will be rotated on a one (1) week
basis.
In the event that a Contractor cannot be on-call as scheduled, it will be rotated to the next
scheduled Contractor, and the schedule will continue with each Contractor having no more than
two (2) weeks in a row on-call.
4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the service offered under this contract, provided
sufficient funds are included in their budget(s).
5. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by
registered or certified mail to the Contractor at the following address:
Kyle Construction, Inc.
Lana M. Abraham, President
3636 Prospect Avenue, Naples, FL 34104
Phone: 239-643-7059
Fax: 239-643-4679
All notices from the Contractor to the County shall be deemed duly served if mailed by registered
or certified mail to the County at the following address:
Collier County Government Complex
Attn: Purchasing/General Services Director
Purchasing Department
3301 East Tamiami Trail, Purchasing Building G
Naples, Florida 34112
239-252-8407
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service 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 Contractor or to constitute the Contractor as an agent of
the County.
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7. 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.
8. 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
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.
9. 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 seven (7) day written notice. The County shall be sole judge of non-
performance.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $2,000,000 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.
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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 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.
12. 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 County.
13.BONDS.
A. The Owner shall use its discretion for bonding where a project may be in excess of fifty
thousand dollars ($50,000) but completed in less than sixty (60) days.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond
prior to commencing performance, for the full amount of the Work which shall act as a security
guaranteeing the performance of the Contractor's work and the payment by the Contractor to
any other party (ies) providing labor and/or materials in connection with each construction or
renovation project performed by the Contractor in excess of fifty thousand dollars ($50,000).
The bonds shall be furnished using the forms prescribed in Exhibit "A".
C. 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 another bond and surety, both of which shall be subject to the Owner's
approval.
14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "B" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "C".
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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. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications
shall be approved in writing by Owner in advance.
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 the
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
coordination of all portions of the Work under the Contract Documents, 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 frorn 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.
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. Promptly after being notified of a change, Contractor
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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 office, employee or agent of Owner is authorized to direct any extra or changed
work orally.
A Change Order in the form attached as Exhibit "0" 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.
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 Contract Documents 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.
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 the Contract Documents shall be new unless otherwise specified, and
that all Work shall be of good quality, free frorn 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 final 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. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
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23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat,
clean, well groomed and courteous.
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.
24. TESTS AND INSPECTIONS. 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 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.
25. 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.
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.
26. EMERGENCIES. In the event of any 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 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
the Contract Documents 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 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. 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 and request that Owner issue a Certificate of
Completion (substantial or final Certificate of Completion). 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.
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If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare
and deliver to Contractor a Certificate of Completion (substantial or final Certificate of Completion)
which shall fix the date of Substantial Completion for the entire Work (or designated portion
thereof) and include a tentative punchlist of items to be completed or corrected by Contractor
before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punch list.
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, and upon receipt of a
final Application for Payment, Owner will make such inspection and, if Owner finds the Work
acceptable and fully performed under the Contract Documents, he shall promptly issue a final
Certificate for Payment, recommending that on the basis of his 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. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as
receipt, 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
Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall
not become due and payable.
28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued 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 the Contract
Documents, 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
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.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly
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waives and relinquishes any right which it may have to seek 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.
29.CONTRAcT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Public Utilities Engineering Department.
30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 08-
5011, any addenda, Exhibits A, B, C and D, any Quotation/Work Order made or issued pursuant
to this Agreement, and any related plans or specifications for any such Quotations or Work
Orders.
31.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.
32. 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.
33. 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.
34. 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.
35. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation
or resultant contract to other governmental entities at the discretion of the successful proposer.
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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:, .
D~i t E. Brock, C.II,at of Courts
By: . l!v
Datedlhucl1'~ a'J 5?
Attest IS' ta( . .
S1\1t1aturf 001.
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First Witness
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Type/Print Witness Name
Approved as to form and
legal sufficiency:
(@mM.-/11 ~
Robe,'! N. ZaeAary
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER cyNTY, FRIDA .
By: ::J<fJt
Torn Henning, Chai
Kyle Construction, Inc.
Contractor
By: ~It ~~A~ithA
LA~I/.\ H Af3tA-HAl0
Typed Signature
PRES I b fAl T
Title
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EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract No. 08-5011
KNOW ALL ME BY THESE PRESENTS: That
are held and firmly bound to
Oblige in the sum of ($
) for the payment whereof we bind ourselves, our heirs, executors, personal representatives,
successors and assigns, jointly and severally.
, as
, as Surety, located at_
(Business Address)
as
Principal, and
WHEREAS, Principal has entered into a contract dated as of the
,200_, with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
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 255.0592. 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
200__, the name of under-signed representative, pursuant to authority of its governing
body.
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Signed, sealed and delivered
in the presence of:
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of
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corporation, on behalf of the corporation. He/she is personally
as identification and did (did
200__, by_
,a
known to me OR has produced
not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
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1 0 11 'r, l
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200__, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -13-
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EXHIBIT A-1
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 08-5011
WHEREAS, Principal has entered into a contract dated as of the
200_, with Oblige for
day of
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or
to work or to the specifications.
Page-14-
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This instrument shall be construed in all respects as a common law bond. It is expressly understood
that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of
200_, 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:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200_, by , as of
, a corporation, on behalf of the corporation.
He/She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -15-
10 H'
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
200___, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -16-
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EXHIBIT B
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
200_ for the period from to
(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) 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
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
,200_, by
day of
corporation.
of , a
He/she is personally known to me or has produced
as identification and did (did not) take an oath.
, as
corporation, on behalf of the
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page-17-
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'~A~
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) RFP No. 08-5011
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER)
Application Date
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
Payment Application No.
for Work accomplished through the
Date:
(Project Name)
RE:
Percent Work completed to Date:
Percent Contract Time completed
to Date
%
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Total earned Less Retainage $
Less previous payment (s) $
Original Contract Time:
Revised Contract Time:
%
AMOUNT DUE THIS
APPLICATION $
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 obli9ations 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 lime 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; (4) and CONTRACTOR agrees that all
overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall
be incorporated into a future Change Order:
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 & Tille)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Tille)
Page -18-
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EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO. 08-5011
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
.200_
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now (-1 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.
Accepted:
,200
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
Page -19-
A CORa.
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER FAX (239)275-8837
Valenti Trobec & Woody, Inc.
4110 Center Point Drive, Suite 215
Fort Myers, FL 33916
(239)275-8226
INSURED Ky e Constructlon, Inc.
3636 Prospect Avenue
Naples, FL 34104
DATE (MM/DDfYYYYj
01/17/2008
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.
ORIGIN
INSURERS AFFORDING COVERAGE
INSURER A; Transportation Insurance CO
INSURERB, Continental Casualty Ins Co
S RERG Valley Forge Insurance CO
D' Admiral Insurance CO.
INSURER E:
NAIC#
01807
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 'NDICATED. NOTW'THSTANDING
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 COND'TIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~~ ~~~; TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE P~~!9J, EXPIRATION LIMITS
GENERAL LIABILITY 202 450 89 08 10/01/2007 10/01/2008 EACH OCCURRENCE $ 1,000,000
-".-
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,000
A PERSONAL & ADV INJURY , 1,000,000
GENERAL AGGREGATE , 1,000,000
GEN'l AGGREGATE LIMIT APPLIES PER' PRODUCTS - COMP/OP AGG , 1,000,000
I POLICY rxl ~f€T n LOC
AUTOMOBILE LIABILITY 202 450 89 42 10/01/2007 10/01/2008 COMBINED SINGLE LIMIT
X ,
ANY AUTO (Ea accident) 1,000,000
f--
fy ALL OWNED AUTOS BODILY INJURY
(Per person) ,
SCHEDULED AUTOS
B ex
HIRED AUTOS BODlL Y INJURY
'x $
NON-OWNED AUTOS (Peraccidenl)
T Hired Phy Damage PROPERTY DAMAGE
I-"- {Per accident) ,
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ,
R ANY AUTO OTHER THAN EA Ace ,
AUTO ONLY: AGG ,
EXCESS/UMBRELLA UABILlTY 204 450 89 90 10/01/2007 10/01/2008 EACH OCCURRENCE , 2,000,000
tKJ OCCUR D CLAIMS MADE AGGREGATE $ 2,000,000
A ,
=;j DEOUCTIBLE $
X RETENTION . 10,00( .
WORKERS COMPENSATION AND WCl07 367 45 77 10/01/2007 10/01/2008 X I we STATU~ IOl,\'-
EMPLOYERS' LIABILITY 100,000
C ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT ,
OFFICERlMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ 100,000
If yes, describe under E,L DISEASE - POLICY LIMIT 500,000
SPECIAL PROVISIONS below ,
~~THER . . EXOOOO06500-02 10/01/2007 10/01/2008 Each Occurrence $2,000,000
D xcess Liablllty Aggregate $2,000,000
,.P_ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS performed by the Insured
~ollier County is added as Additional Insured with respects to work
30 days notice of Cancellation
CERTIFICAT H LDER
Collier County Purchasing Department
Attn: Dianna Perryman
3301 E. Tamiami Trail
Naples, FL 34112
CANCELLATI N
SHOULD ANY OF THE 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
OF ANY KIND UPON THE INSURER, ITS AG NTS OR REPRESENTATIVE
AUTHORIZED REPRESENTATIVE
Ja E. Wood
TlON 1988
ACORD 25 (2001/08) FAX: (239)252-6691
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"'1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
County Attome
Print on pink p3pcr. ^llach to original dOClIlllclll. Original dncu!llcnls should be hand delivered lnlhe 13O<lI'd Office. The completed routing slip allLl original
documents are to be (Ofwunkd to the Board Olfice (\l1ly after Ihe Board lws taken action on the itell1_)
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
exe tion of the Chainnan's si nature, draw a line thrau h routin lines #1 thrau h #4, co lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order
1.
2.
3.
4. Colleen M. Greene
Assistant COUll Attome
5. Sue Filson, Executive Mana er
6. Minutes and Records
Board of Count Commissioners
Clerk of Court's Office
CMG
3/19/2008
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 infonnation is needed in the event one of the addressees above. including Sue Filson, need to contact statT 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
a:mrove the item.)
Name of Primary Staff Dianna Perryman, Contract Specialist Phone Number 252-4270
Contact
Agenda Date Item was March ll, 2008 Agenda Item Number 10.H
Approved bv the BCC
Type of Document Contract: #08-5011 "Annual contract for Number of Original Five (5)
Attached Underground Utility Contracting Services: Documents Attached
Contractor: Dou~las N. Hi~~ins, Inc.
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes colunm 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 signalure pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
The 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 March ll. 2008 (enter date) and all
changes made dnring the meeting have been incorporated in the attached document.
The Coun Attorne's Office has reviewed the chan es, if a Iicable.
Yes
(Initial
CMG
2.
3.
4.
5.
6.
CMG
CMG
CMG
CMG
CMG
I: Forms! County Forms! Bee FormsJ Original Documents Routing Slip WWS Original 9.03.04, Revised \.26.05, Revised 2.24.05
ITEM No.:08-f>e(~
FILE NO.:
:CUrny i\TTO/j)I.tr'E RECEIVED:
Uj'. iiit.
10 H
MOO 'J . ,', I!. ".. I . l Ul
I.UL:~! :0;:\ lot Pb', I . ~..'
ROUTED TO:
REQUEST FOR LEGAL SERVICES
.o~
'0' &6 l~
'{}L
~
DO NOT WRITE ABOVE THIS LINE
Date:
March 12, 2008
To:
Office of the County Attornex .
Attention: Rgger-t ZaoAary LO\teLn...
From: Dianna Perryman., Contract Specialist ~
Purchasing Department, Extension 4270
Re: Contract: #08-5011 "Annual Contract for Underground Utility
Contracting Services"
Contractor: Douglas N. Higgins, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on March 11, 2008; Agenda
Item 10.H
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, pleai;leforWard to the Chairman of the Board of County
Commissioners for signature after approval. If there are any questions
conc~rning the document, please contact me, Purchasing would appreciate
notification when the documents exit your office. Thank you.
C: Ty Stuller, Water Dept.
-""""~'-~~_._-'-----'--~----",-~.,
10H~_1
MEMORANDUM
TO: Jeff Walker
Risk Management Department
FROM: Dianna Perryman, Contract Specialist JfI
Purchasing Department
DATE: March 12,2008
RE: Review of Insurance for Contract: #08-5011 "Annual Contract for
Underground Utility Contracting Services"
Contractor: Douglas N. Higgins, Inc.
This Contract was approved by the BCC on March 11, 2008; Agenda Item
10.H
Please review the Insurance Certificates for the above-referenced contract. If
every1hing is acceptable, please forward to the County Attorney for further
review and approval. Also, please advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 4270.
~
3/r .ffp(
~
DATE RECEIVED
MAR 1 3 2008
RISK MANAGEMENT
dod/DP
C: Ty Stuller, Water Dept.
.
CERTIFICATE OF SECRETARY
The undersigned, being the duly elected secretary of
Douglas N. Higgins, Inc., a Michigan corporation, hereby
certifies that the following resolution was duly adopted by
the Board of Directors of said corporation at a meeting held
on May 15,2007 and that said resolution is in full force
and effect:
"RESOLVED, That the following listed persons
are hereby authorized to execute, on behalf of
Douglas N. Higgins, Inc., any and all contracts and
documents."
.
Douglas N. Higgins
t/~,
-Ed! A ~
fJM-T/(Jr-
~~
I)~<<,w~
Daniel N. Higgins
William D. Higgins
James H. Sweet
Kelly A. Wilkie
" "
Dated;
May 15, 2007
.
10H
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Foreign Profit Corporation
DOUGLAS N. HIGGINS INC.
Filing Information
Document Number 830666
FEI Number 381807765
Date Filed 08/01/1973
State M I
Status ACTIVE
Principal Address
3390 TRAVIS POINTE RD.
SUITE A
ANN ARBOR MI 48108 US
Changed 01/25/2000
Mailing Address
3390 TRAVIS POINTE RD.
SUITE A
ANN ARBOR MI48108 US
Changed 01/25/2000
Registered Agent Name & Address
CFRA, LLC
CORPORATE CENTER THREE AT INT'L PLAZA
4221 W. BOY SCOUT BLVD, 10TH FLOOR
TAMPA FL 33607-5736 US
Name Changed: OS/27/2003
Address Changed: 06/28/2004
Officer/Director Detail
Name & Address
Title V
SWEET, JAMES H.
9462 HIDDEN LAKE CIRCLE
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Page 2 of 3
DEXTER MI
TitleST
HAWKER, SUZANNE
9462 HIDDEN LAKE CIRCLE
DEXTER MI
Title PD
HIGGINS, DOUGLAS N
3390 TRAVIS POINTE RD., SUITE A
ANN ARBOR, MICH 00000
Title V
lOH
WILKIE, KELLY
3390 TRAVIS POINTE RD / #A
ANN ARBOR MI48108
Title V
HIGGINS, DANIEL
3390 TRAVIS POINTE RD. SUITE A
ANN ARBOR MI48108
Title V
WILLIAM, HIGGINS
33"ll0 TRAVIS POINTE RD/ #A
ANN ARBOR MI48108
Annual Reports
Report Year Filed Date
2006 01/17/2006
2007 01/17/2007
2008 01/07/2008
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01/1712007 -- ANNUAL REPORT
01L17I2006"ANNUALREPORT
OJ/19/2005:, ANNLJAl.BEP_QBI
02/02/2004 -- ANNUAL REPORT
O[i12712003"RegAgenIChiln9\l rJlllllllllill....~'llllmlll
'wn~.._r~liIiitiIIMmlll
01/17/2003 -- ANNUAL REPORT Iml~ll~
02/04/2002 -- ANNUAL REPORT rl~I,J
01/22/2001 "ANNUAL REPORT !I~
01/25/2000 ::ANNlJALREPORT ~
02/22/1999,-ANNUALREPORT ~.I
01/26/1g9J3"ANNlJALREPORT ~J
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02/03/1997 ccAI'JI'Jl.IAI,RE:F'QRT
OJD2('jJ1996 -- ANNU,A,L.RE:F'QRT
01/25/1995 -- ANNUAL REPORT
Note: This is not official record. See documents if question or conflict.
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A G R E E MEN T 08-5011
lOH
"Annual Contract for Underaround Utility Contractina Services"
THIS AGREEMENT is made and entered into this Ilt>\dayof fY\ct..-d, ,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 Douglas N. Higgins,
Inc. authorized to do business in the State of Florida, whose business address is 2887 Tamiami Trail
East, Suite 1, Naples, Florida 34112 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for the period of twenty four (24) months. Additionally,
by mutual agreement and funding availability, the contract may be renewed for two (2) terms of
twenty four (24) months each. In no event, including renewal options, shall the contract exceed six
(6) years. The Purchasing/General Services Director 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 Purchasing/General Services Director, or his designee, 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. STATEMENT OF WORK: The Board of County Commissioners deemed five firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for a wide range of minor-to-medium scale future construction,
renovation and retrofit projects on an as-needed basis as may be required by the Owner in
accordance with the terms and conditions of RFP 08-5011 and the Contractor's proposal 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. Rather, this Agreement governs the
rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work
undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the
term and any extension of the term of this Agreernent.
The Owner shall provide a summary of Work to be performed which will afford the Contractor the
opportunity to submit a formal quotation for the Work; the Contractor shall respond with the
information sought within seven (7) working days. For projects with an estimated cost of Fifty
Thousand ($50,000) or less, the Owner shall obtain a proposal frorn one or more of the five (5)
selected firms, negotiate favorable project terms and conditions, and issue a numbered Work
Order to initiate the projects.
For projects with an estimated cost over Fifty Thousand Dollars ($50,000) and less than Two
Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from all of the
contracted firms; the Contractor shall respond with the information and or proposal sought within
ten (10) working days, the Owner shall negotiate favorable project terms and conditions, and
issue a numbered Work Order to initiate the projects. Division Administrator and County Attorney
approval is required at this level.
For projects over Two Hundred Thousand Dollars ($200,000) and less than Seven Hundred Fifty
Thousand ($750,000), competitive quotations shall be solicited from all of the contracted firms.
Staff recommendations will then be submitted to the Board of County Comrnissioners for approval
after County Attorney and Division Administrator approval.
Page -1-
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In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
Work orders shall not be required for emergency work but will be authorized by Purchase Order
only. The Forms attached to this Agreement as Exhibits A through D shall not be required for
emergency work.
The Contractor will be compensated for time and material work, either emergency or scheduled,
in accordance with the rate sheet with material and specialty equipment markup.
3. EMERGENCY WORK: Contractors under this Agreement will be on an on-call rotation schedule
for emergency underground utility contracting services. The on-call Contractor shall be required
to have a cell phone number, along with a home number, to the County so that the County will be
able to contact the Contractor when needed. This schedule will be rotated on a one (1) week
basis.
In the event that a Contractor cannot be on-call as scheduled, it will be rotated to the next
scheduled Contractor, and the schedule will continue with each Contractor having no more than
two (2) weeks in a row on-call.
4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the service offered under this contract, provided
sufficient funds are included in their budget(s).
5. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by
registered or certified mail to the Contractor at the following address:
Douglas N. Higgins, Inc.
James H. Sweet, Vice President
2887 Tamiami Trail East, Suite 1, Naples, FL 34112
Phone: 239-774-3130
Fax: 239-774-4266
All notices from the Contractor to the County shall be deemed duly served if mailed by registered
or certified mail to the County at the following address:
Collier County Government Complex
Attn: Purchasing/General Services Director
Purchasing Department
3301 East Tamiami Trail, Purchasing Building G
Naples, Florida 34112
239-252-8407
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service 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 Contractor or to constitute the Contractor as an agent of
the County.
Page -2-
lOB
7. 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.
8. 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
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.
9. 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 seven (7) day written notice. The County shall be sole judge of non-
performance.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $2,000,000 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.
Page -3-
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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 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.
12. 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 County.
13.BONDs.
A. The Owner shall use its discretion for bonding where a project may be in excess of fifty
thousand dollars ($50,000) but completed in less than sixty (60) days.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond
prior to commencing performance, for the full amount of the Work which shall act as a security
guaranteeing the performance of the Contractor's work and the payment by the Contractor to
any other party (ies) providing labor and/or rnaterials in connection with each construction or
renovation project performed by the Contractor in excess of fifty thousand dollars ($50,000).
The bonds shall be furnished using the forms prescribed in Exhibit "A".
C. 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 another bond and surety, both of which shall be subject to the Owner's
approval.
14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "B" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "C".
Page -4-
15. PAYMENTS WITHHELD. Owner may decline to approve any Application for palmQn~ or
portions thereof, because of defective or incomplete work, outstanding punch list 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.
111
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. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications
shall be approved in writing by Owner in advance.
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 the
Project by its subcontractors and materialrnen, 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 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 deerned 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 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.
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. Promptly after being notified of a change, Contractor
Page -5-
IOH
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 office, employee or agent of Owner is authorized to direct any extra or changed
work orally.
A Change Order in the form attached as Exhibit "D" 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.
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 Contract Documents 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.
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 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 final 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. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
Page -6-
23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities whlQ rUat,
clean, well groomed and courteous.
24. TESTS AND INSPECTIONS. 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 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.
25. 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.
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.
26. EMERGENCIES. In the event of any 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 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
the Contract Documents 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 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 rnay have had to seek an adjustment to the
Contract Amount or an extension to the Contract Time.
27. 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 and request that Owner issue a Certificate of
Completion (substantial or final Certificate of Completion). 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.
Page -7-
If Owner considers the Work (or designated portion) substantially complete, Owner shall JeQr~'
and deliver to Contractor a Certificate of Completion (substantial or final Certificate of Completion)
which shall fix the date of Substantial Completion for the entire Work (or designated portion
thereof) and include a tentative punchlist of items to be completed or corrected by Contractor
before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
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, and upon receipt of a
final Application for Payment, Owner will make such inspection and, if Owner finds the Work
acceptable and fully performed under the Contract Documents, he shall promptly issue a final
Certificate for Payment, recommending that on the basis of his 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. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as
receipt, 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
Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall
not become due and payable.
28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar
days from the Commencernent 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 the Contract
Documents, 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
tirne 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.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly
Page -8-
waives and relinquishes any right which it may have to seek characterize the abovl QtJa
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.
29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Public Utilities Engineering Department.
30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 08-
5011, any addenda, Exhibits A, B, C and D, any Quotation/Work Order made or issued pursuant
to this Agreement, and any related plans or specifications for any such Quotations or Work
Orders.
31.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.
32. 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 frorn 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.
33. 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.
34. 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.
35. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation
or resultant contract to other governmental entities at the discretion of the successful proposer.
Page -9-
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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. 'Brock,CIElr
BOARD OF COUNTY COMMISSIONERS
COLLIER COU TY, FLO IDA
By:
Dated: ('.
A~. II <irtiltr.."
519ft.tln' OiIIh ·
By:
DCl'vld J: LVii k Ie:.
Ty e/Print Witness Name
/ ,f(Lv~
Douglas N. Higgins, Inc.
Contractor
By: /J,jJJ JJLl a.. Wtlh-L
~nature
k e 1/ lit 1\-. I.u I hie,
Tw!ed Signature
Vice - prpI'Jidenr
Title
~~~
,James i-J. s'Wf?(~ f
Type/Print Witness Name
Approved as to form and
legal sufficiency:
C~tIl~
Robed r~. Z,,,;II<:I'y
Assistant County Attorney
Page-10-
EXHIBIT A
PUBLIC PAYMENT BOND
10H
Bond No.
Contract No. 08-5011
KNOW ALL ME BY THESE PRESENTS: That
are held and firmly bound to
Oblige in the sum of ($
) for the payment whereof we bind ourselves, our heirs, executors, personal representatives,
successors and assigns, jointly and severally.
, as
, as Surety, located at_
(Business Address)
as
Principal, and
WHEREAS, Principal has entered into a contract dated as of the
, 200_, with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
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 255.0592. 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
200_, the name of under-signed representative, pursuant to authority of its governing
body.
Page-11-
IDE
Signed. sealed and delivered
in the presence of:
PRINCIPAL:
DO~f4.SN r-hJ:jlns~.
~::me: 1I1:!~jk~
Witnesses a
STATE OF M ICM~~lU1
COUNTY OF W01s0Mcuu
The foregoing instrb)ment was acknowledged before me this of . ! 'OJ
!<.e. /(/11 R Wd/t,lP_ ,as Vlo-Ptfc,ldet/Jf of J11c
, a corporation, on behalf of the corporation. Ishe IS onally
known to me OR has produced as identification and did (~
not) take an oath.
.-
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name: r<S qzanl1e f/awf:.er
(Legibly Printed)
Notary Public, State of M ,'cVJJt;;Cf f/J
Commission No.:
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
Page -12-
lOH
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
200_. by , as
of , Surety. on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -13-
EXHIBIT A-1
PUBLIC PERFORMANCE BOND
lOH
Bond No.
Contract No. 08-5011
WHEREAS, Principal has entered into a contract dated as of the _ day of
200_, with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or
to work or to the specifications.
Page -14-
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This instrument shall be construed in all respects as a common law bond. It is expressly understood
that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this
200_, the name of each party being affixed and these presents
undersigned representative, pursuant to authority of its governing body.
day of
duly signed by its
Signed, sealed and delivered
in the resence of :
PRINCIPAL:
[)o({3Ia.5 N.H< j31YlS .:11/)<:'.-.
By: ~ WJlc.t.L
~:me: I~~), td~:i~k'f.
Wi esses as to Principal J?UJ1e<J H. J1teef
STATEOF MJCt1lq~l
COUNTY OF JJlJ 0L5 h k.f1(}.1.,V
The fore oing instrumelJt was acknowledged ,~efore me this _ day of J C::U1VCU14
200L,by e. fT.IIJi!KK.. ,as Vltl-i7'-t'5ideYI-t of c /c6bNJh 'hS:t4?c..
,a M,'d7rg::u-l corporation, on beha of the co oration.
He/She is oersonallv known to me OR has producea as identification and
did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name: f(,JI,f Ulnne,., /-huvk-er
(Legibly Printed)
Notary Public, State of ;L1H,h'jc<l?
Commission No.:
Page -15-
lOH
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
200_, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -16-
lOH
EXHIBIT B
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
200_ for the period from to
(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) 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
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
,200_, by
corporation.
of , a
He/she is personally known to me or has produced
as identification and did (did not) take an oath.
, as
corporation, on behalf of the
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page -17-
lOH
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) RFP No. 08-5011
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER)
Application Date
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
Payment Application No.
for Work accomplished through the
Date:
RE:
(Project Name)
Original Contract Time:
Revised Contract Time:
Percent Work completed to Date:
Percent Contract Time completed
to Date
%
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Total earned Less Retainage $
Less previous payment (s) $
%
AMOUNT DUE THIS
APPLICATION: $
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; (4) and CONTRACTOR agrees that all
overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall
be incorporated into a future Change Order:
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)
Page -18-
IOH
EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO. 08-5011
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,200 .
You hereby are authorized and directed to make the following changers) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now <-l 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.
Accepted:
,200
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
Page -19-
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
OP ID DD )
RIGGI 5 01/18/08
THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLOER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Hylant Group - Ann Arbor
24 Frank Lloyd Wright Dr J4100
Ann Arbor MI 48105
Phone: 734-741-0044 Fax:734-741-1850
INSURER 0
INSURER E
~ontinental Casualty Company
Greenwich Insurance Co.
Valle For e Ins. Co.
NAIC#
020427
020494
020443
INSURERS AFFORDING COVERAGE
Douglas N. Higgins,
3390 Travis po~nte,
Ann Arbor MI 48108
Inc.
Suite A
INSURER A"
INSURER B
INSURER C
American Casualty Company
Tr~nsportation Ins. Co.
INSURED
020508
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
LTR mSR TYPE OF INSURANCE POLICY NUMBER PD'il:lffri~f~~,w;E Pgk~Cl{~~6'1f'~N LIMITS
~NERAL LIABILITY EACH OCCURRENCE '1,000,000
A X X COMMERCIAL GENERAL LIABILITY C161922047 12/10/07 12/10/08 ~~~~~~~ YE~~c~u"r~nce} '200,000
I CLAIMS MADE ~ OCCUR ~D. EXP (Anyone person) '15,000
~ Includes XCU PERSONAL & ADV INJURY $1,000,000
~ Contractual Liab , GENERAL AGGREGATE '2,000,00Q_
~'L AGG~E&lE LIMIT AP~t PER ~PRODUCTS : COMP/~P AGG '2,000,000
i POLICY X j~gT LOC
~TOMOBILE LIABILITY 1_ COMB"ED SINGLE lIM>T '1,000,000
E 0- ANY AUTO C161922033 12/10/07 12/1 0 /08 ,--==-~ccldent:___
.-- ALL OWNED AUTOS I BODILY INJURY I,
[ f- SCHEDULED AUTOS (Per person)
0- HIRED AUTOS ,
BODILY INJURY ,
.~ NON-OWNED AUTOS {Per accident)
PROPERTY DAMAGE ,
i (Per accident)
~AGE LIABILITY I ~TO ONLY -EA ACCIDENT $
~ ANY AUTO I OTHER THAN EA ACC ,
,1 AUTO ONLY AGG $
~~55(UMBRELLA LIABILITY 12/10/07 [ EACH OCCURRENCE '10,000,000
B X OCCUR 0 CLAIMS MADE C161922050 12/10/08 AGGREGATE $10,000,000
$
I ~: I r
DEDUCTIBLE $
IX RETENTION <10,000 I $
WORKERS COMPENSATION AND . 'r2<1Q~v":I:':~S I I 0 ~~.
EMPLOYERS' LIABILITY ,
C ANY PROPRIETORIPARTNER/EXECUTIVE WC161922016 12/10/07 12/10/08 _~L_ EAC~ACCIOENT_. $ 500JOOO__
OFFICER/MEMBER EXCLUDED? EL DISEASE. EA EMPLOYEE $500,000
If yes, describe under i E,L. DISEASE. POliCY liMIT $1,000,000
SPECIAL PROVISIONS below
OTHER
D Professional and PEC0025095 01/03/08 01/03/09 2,000,000
I Pollution Liab 25,000 ded
DESCRIPTION OF OPERATIONS Il.OCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
re: Contract #08-5011 ; Annual Contract for Underground Utility Contracting
Services. Additional Insured: Collier County Board of County Commissioners
COVERAGES
CERTIFICATE HOLDER
CANCELLATION
COLC002 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILl. ENDEAVOR TO MAIL 30 DAYS WRITTEN
Collier County Board of NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALl.
County Commissioners IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
3301 Tamiami Trail East
Naples FL 34412 REPRESENTATIVES.
AU!H91!lZED RePR~NTe~:4,,-,\--O
<!) ACORD CORPORATION 1988
ACORD 25 (2001/06)
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 (2001/08)
10 f..,
MEMORANDUM
Date:
April 8, 2008
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Ann Jennejohn, Sf. Deputy Clerk
Minutes & Records Department
Re:
Contract #08-5020:
"Annual Contract for Mitigation Credits"
Little Pine Island Wetland Mitigation Bank, Ltd
Attached please find one (1) original contract document, as referenced
above, (Agenda Item #101) approved by the Board of County
Commissioners on Tuesday, March 11, 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)
101
:".,C:t: CH- j tit
X)UNTY AHORNE\
'! ~.
"!-:~
ITEMNO.:~ -\>~c.r ~S
DATE RECEIVED:?nno "'p -3 I^'< c;: 0 t
,-",,,'J M' .\,! I~' ,
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
April 2, 2008
To:
Robert Zachary
Assistant County Attorney
From:
Brenda Brilhart
Purchasing Agent
239-252-8446
Re:
Contract #08-5020 Annual Contract for Mitigation Credits
Contractor: Little Pine Island Wetland Mitigation Bank, Ltd
BACKGROUND OF REQUEST:
This contract was approved by the BCC onMarch 1 I, 2008; Agenda Item 10.1
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
J!/:J/o~- ~;- ~~~~.
~v~
. L1--1'p?{
MEMORANDUM
TO: Jeff Walker
Risk Management Department
FROM: Brenda Brilhart
Purchasing Department
DATE: April 2, 2008
RE: Review of Insurancc for Contract No. 08-5020 Annual Contract for
Mitigation Credits
Contractor: Little Pine Wetland Mitigation, Ltd
101
I
This Contract was approved by the BCC on March I I, 2008; Agenda
Item 1 0.1
Please review 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.
~/{/r
101 "'.,
A G R E E MEN T 08-5020
for
Annual Contract for Mitiqation Credits
THIS AGREEMENT, made and entered into on this 11th day of March 2008, by and between
Little Pine Island Wetland Mitigation Bank, Ltd., authorized to do business in the State of
Florida, whose business address is 13451 McGregor Blvd, #31, Fort Myers, Florida 33919,
hereinafter called the "Contractor" (or "Consultant") and Collier County, a political subdivision
of the State of Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of a
Purchase Order. The contract shall be for a one (1) year period, commencing on March
11, 2008, and terminating on March 10, 2009. The County may, at its discretion and
with the consent of the Contractor, renew the Agreement under all of the terms and
conditions contained in this Agreement for three (3) additional one (1) 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. STATEMENT OF WORK. The Contractor shall provide mitigation credits in accordance
with the terms and conditions of Bid #08-5020 and the Contractor's proposal referred to
herein 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 Contractor 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.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit price,
together with the cost of any other charges/fees submitted in the proposal. Any county
agency may purchase products and services under this contract, provided sufficient
funds are included in their budget(s). Payment will be made upon receipt of a proper
invoice and upon approval by the Project Manager or his designee, and in compliance
with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or faxed to the Contractor at the following Address:
Raymond Pavelka, President
Little Pine Island Wetland Mitigation Bank, Ltd.
13451 McGregor Blvd., #31
Fort Myers, FL 33919
(239) 481-2011/ (239) 481-8283 Fax
Page 1 of5
101 \'~
All Notices from the Contractor 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
Attention: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Contractor 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.
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, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall' also be solely
responsible for payment of any and all taxes levied on the Contractor. In addition, the
Contractor shall comply with all rules, regulations and laws of Collier County, the State
of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor
agrees to comply with all laws governing the responsibility of an employer with respect
to persons employed by the Contractor.
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 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 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.
Page 2 of5
10f
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 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 Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. N/A Business Auto Liabilitv: Coverage shall have minimum limits of $00,000
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. N/A Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County 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
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 County.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Transportation Department.
13. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
Page 3 of 5
101
,~~ 'l t~\':;.~
'1
with the performance of services required hereunder. Contractor further represents that
no persons having any such interest shall be employed to perform those services.
14. 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: Contractor's Proposal, Insurance Certificate, Bid #08-5020 Specifi-
cations/Scope of Services.
15. 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.
16. 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.
17. 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.
18. 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.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. 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.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor.
Page 4 of5
101
I,t
,
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:
Dwight E:'Srock, Clerk of Courts
BY:~. ~ OG.
Dated: .... .g-- . .
(S~t II to eM IMNA ~
1 Qfllt.... 0fI1.
Appfove~ l:t\!to torm and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER C,NTY, FLORIDA .
By: }<1Jn
Tom Henning,
~
Item # J err
Agenda ~IJ<J
Date . ~
~:~~d +-li)~
Print Name
Little Pine Island Wetland MitiQation Bank. Ltd.
~~~
Firs Witness
jG I tt-h\1LD fW O/fti--
tType/print witness namet
,JLl~[)~.
Seco Witness
By:
doc \
it j~'d.
Signature
pJ
She~ 1C<.1. 0' Cc.,nol
tType/print witness namet
Ra mond A. Pavelka President
ped signature and title
Mariner Properties Development, Inc.
General Partner of LPI Wetland
Mitigation Bank, Ltd.
Page 501'5
lnl
ACORD~ CERTIFICATE OF LIABILITY INSURANCE ~ID sc I OATE {MMfDD!YYYYj
Ml\RIN - 5 03/28/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOI
ONLY AND CONFERS NO RIGHTS UPON Tl-IE CERTIFICATE
Private Client Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
9736 Commerce Center Court ALTER THE COVERAGE AFFORDED BY Tl-IE POLICIES BELOW
Fort Myers FL 33908 I INSURERS AFFORDING COVERAGE
Phone: 239-481-1949 Fax:239-481-2911 NAIC#
INSuRED INSuRER A: Mount Hawley Ihsurance
INSuRER B:
MarinQr pr~erties Development INSURER c:
Attn: RaG?" avelka .
13451 Me re~r Blvd. Suite #31 INSURER 0:
Fort Myers 33919 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDlCATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDrrlON OF ANY CONTRACT OR OTHER DOCUMENT wrrH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTA1N, THE INSURANCE AFFORDED BYTHE POUCJESDESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDrrlONS OF SUCH
POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAlMS.
!IllSR I'IJlT POUCy NUMBER ~'i~~,i=O~E Pg~~~~~~~~ UMITS
LTR NSR TYPE OF INSURANCE
~NSRA1. UABIUTI EACH OCCURRENCE $1,000,000
A X X COMMERCIAL GENERAL LIABILITY MGL0151279 01/01/08 01/01/09 . ,to $ 50,000
PREMISES (Ea cx;~rence)
l CLAIMS MADE ~ OCCUR MED EXP (Any (lne pa~on) $ 5,000
I- PERSONAL & ADV INJURY '1,000,000
~ per. loc aggreQ"ate i GENERAL AGGREGATE $2,000,000
I
~'LAGG~E~IUM~^P~$PE~ PRODUCTS-COM~OPAGG , 1,000,000
POLICY j~8r LOC
~TOMOBlLE: UABIUTY COMBINED SINGLE UMrT $
ANY AUTO (Eaaccident)
-
- ALL OWNED AUTOS BODILY INJURY
(P8rpon;~n) . I
- SCHEDULED AUTOS .--
~ HI,~ED AUTOS BODilY INJURY
:Pef"acdden.t) $
~ NON-CJWNEDAUTOS
1- PROPERTY DAMAGE $
(Peraccid~l)-.
:=rOE UABIUTV AUro ONLY - EAACCIDENT $
ANYAIJTO OTHER TMAN EAACC $
AUTO ONLY; AGG $
=SESS/UMBREL1..A UABIUTY EACH XCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE $
$
~. DEOUeTIS'" I
RETENTlON $ $
WORKERS COMPEHSA110K AND 1J;:~y LIMITS' I IVER ~
,"MPLOYERS. UABIUTf E.L EACH ACCIDENT
AtlY I"ROPRJETORlPARThlERJEXECUTlVE $
OFFJGERlMEMSER EXCLUDED? E.L. 01SEASE - EA EMPLOYE: ,
Ifyoo, dee-c:ribe under EL. DtsEASE~P()L1CYLlMlT $
SPECIAL PROVISK:lNS balow
""'"R
OESCRIPTlON: OF OPERA-110NS' LOCA1l0N.31 VEHICLES I EXClUSmUS ACOED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate holderi.s lis'tad under as additional insured under the general
liability
CERTIFICATE HOLDER
CANCELLATION
Collier County Government
Purchase Building
3301 East Tamiami Trail
Naples FL 34112
COL3301 SHOULD ANY OF THE MOVE DESCRIBED ?OUCJE,S BE CANCELLED BEFl)RE'O THE ExPIRA110
CATE THEREOF. TI-lE ISSUING INSURER WILL ENDEAVOR TO MAll.. 10 DAYS WRITTEN
NOUCE TO THE CERTIFrCATE HOLDER NAMEO TOTHE LEFr, BUT FAlWRE TO DO SO SfiALI..
IMPose NOOBUGAllON OR UABUJrY Of fVf( KIND UPON THe INSURER,ITS AGENTS OR
REPRESENTATlVES.
REPR~NTATlVE
C ~~..", AmmO
@ ACORD CORPORATION 1S
ACORD 25 (2001/08)
101
MEMORANDUM
Date:
April 22, 2008
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #08-5020: "Annual Contract for Mitigation
Credits"
Contractor: Southwest Florida Wetlands JV
Attached please find the original contract document, as referenced
above, (Agenda Item #101) approved by the Board of County
Commissioners on Tuesday, March 11, 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 252-7240.
Thank you.
liOl
ITEM NO.: OtS P~-dBaq DATE RECEIVED:
, , ~OHJ!():: i"i" ,
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FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
April 8, 2008
To:
Robert Zachary
Assistant County Attorney
From:
Brenda Brilhart
Purchasing Agent
239-252-8446
Re:
Contract #08-5020 Annual Contract for Mitigation Credits
Contractor: Southwest Florida Wetlands JV
BACKGROUND OF REQUEST:
This contract was approved by the BCC on March 11,2008; Agenda Item 10.1
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. Ifthere are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office;h~ L3 ~ ~
f/;doi:'~~~
, -jt- C lJ fL
vc--~
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101
,
I ~
MEMORANDUM
TO: Jeff Walker
Risk Management Department
FROM: Brenda Brilhart
Purchasing Department
DATE: April 8, 2008
RE: Review of Insurance for Contract No. 08-5020 Annual Contract for
Mitigation Credits
Contractor: Southwest Florida Wetlands JV
This Contract was approved by the BCC on March 11, 2008; Agenda
Iteml0.I
Please review 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.
\, ~ li08
Ol\? v
f'jpb,p[,
101
A G R E E MEN T 08-5020
for
Annual Contract for Mitigation Credits
THIS AGREEMENT, made and entered into on this 11th day of March 2008, by and between
Southwest Florida Wetlands JV, authorized to do business in the State of Florida, whose
business address is 814 South Military Trail, Building 6, Deerfield Beach, Florida 33442,
hereinafter called the "Contractor" (or "Consultant") and Collier County, a political subdivision
of the State of Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of a
Purchase Order. The contract shall be for a one (1) year period, commencing on March
11, 2008, and terminating on March 10, 2009. The County may, at its discretion and
with the consent of the Contractor, renew the Agreement under all of the terms and
conditions contained in this Agreement for three (3) additional one (1) 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. STATEMENT OF WORK. The Contractor shall provide mitigation credits in accordance
with the terms and conditions of Bid #08-5020 and the Contractor's proposal referred to
herein 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 Contractor 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.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit price,
together with the cost of any other charges/fees submitted in the proposal. Any county
agency may purchase products and services under this contract, provided sufficient
funds are included in their budget(s). Payment will be made upon receipt of a proper
invoice and upon approval by the Project Manager or his designee, and in compliance
with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act",
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or faxed to the Contractor at the following Address:
Desmond Duke, V.P.
Southwest Florida Wetlands JV
814 South Military Trial, Bldg. 6
Deerfield Beach, FL 33442
(888) 301-1707 ext 106/ (954) 480-6250 Fax
Page 1 of5
101
All Notices from the Contractor 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
Attention: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Contractor 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.
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, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely
responsible for payment of any and all taxes levied on the Contractor. In addition, the
Contractor shall comply with all rules, regulations and laws of Collier County, the State
of Florida, or the U, S. Government now in force or hereafter adopted. The Contractor
agrees to comply with all laws governing the responsibility of an employer with respect
to persons employed by the Contractor.
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 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 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 jud~e of non-performance.
Page 2 of 5
101
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 $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. N/A Business Auto Liability: Coverage shall have minimum limits of $00,000
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. N/A Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County 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
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 County.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Transportation Department.
13. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
Page 3 of5
101
with the performance of services required hereunder. Contractor further represents that
no persons having any such interest shall be employed to perform those services.
14. 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: Contractor's Proposal, Insurance Certificate, Bid #08-5020 Specifi-
cations/Scope of Services.
15. 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.
16. 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.
17, 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.
18. 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.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20.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.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor.
Page 4 of5
10;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.
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Page 5 of5
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Southwest Florida Westlands JV
Contractor
BY:~~
Signature
Stephen M Collins, Authorized Agent
Typed signature and title
101
Client#: 54058
SOUFL38
ACORDTM
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD/YYYY)
04/07/08
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
Howard S. Newman
Bateman, Gordon & Sands, Inc.
P.O. Box 1270
Pompano Beach, FL 33061
INSURED
Southwest Florida Wetlands, JV
814 S. Military Trail
Building 6
OeerfieldBeach, FL 33442
COVERAGES
INSURERS AFFORDING COVERAGE
INSURER A: Westerworld
INSURER B:
INSURER C:
INSURER D:
INSURER E:
NAIC#
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,
LTR NSR TYPE OF INSURANCE POLICY NUMBER P~,N~~~~r68m\E Pg~fl,~':'\ro'~N LIMITS
A X GENERAL LIABILITY NPP1068398 04/29/07 04/29/08 EACH OCCURRENCE $1.000 000
- ~~~~~~J9E~~~J~,;'ence
1L 3MERCIAL GENERAL LIABILITY $50 000
CLAIMS MADE [K] OCCUR MED EXP (Anyone person) $1 000
1L BI/PO Oed:1 ,000 PERSONAL & ADV INJURY $1.000 000
GENERAL AGGREGATE $2.000 000
-
~'L AGGREAE LIMIT APPlS PER: PRODUCTS - COMP/OP AGG $1.000 000
POLICY ~~8T LOC
MTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
C-
ALL OWNED AUTOS BODILY INJURY
c- (Per person) $
SCHEDULED AUTOS
c-
HIRED AUTOS BODILY INJURY
- (Per accident) $
- NON-OWNED AUTOS
f-- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ,
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
OESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I Tv;!,~l~~~~~ I IO,J,';I-
EMPLOYERS' LIABILITY EL EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $
If yes, describe under EL DISEASE - POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: Bid#08-5020, Annual Contract for Wetland Mitigation Credits
Collier County is an additional insured for general liability
coverages only as their interest may appear for the work
performed by the insured.
CERTIFICATE HOLDER
CANCELLATION
Collier County
Board of County Commisssioners
3301 East Tamiami Trail
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.... DAYS 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 INSURER, ITS AGENTS OR
ACORD 25 (2001/08) 1 of 2
#192046
ELC
@ ACORD CORPORATION 1988
101
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 25-5 (2001/08) 2 of 2
#192046
ORIGINAL DOCUMENTS CHECKLIST & ROUTING suv1 0 I
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO . J.
THE BOARD OF COUNTY COMMISSIONERS OHICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original docum~l1ls should be hand delivered to tl-w Board Olliec. The completed routing slip and original
documents are to he forwarded to the Board Office only after the Buard 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 th!: document is already complete with the
excention of the Chaimlan's siQ11ature, draw a line thrnul!h routinl! lines #1 throUll!1 #4, conm1ete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2. -0
- .-
3. -' -
-
4. Colleen M. Greene, ACA County Attorney ~~.. 05/06/08
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 staiT for additional or missing
information. All original documents needing the Bee Chairman's sibTnaturc are to be delivered to the Bee office only atter the BCC has actcd to approve the
item.'
Name ofPrirnary Staff Brenda Brilhart Phone Number 252-8446
Contact
Agenda Date Item was "y , m~ \\,200,? Agenda Item Number 10.1
Annroved by the BCC
Type of Document Annual Contract for Mitigation Credits Number of Original 2
Attached (Contract #08-5020) Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate.
1.
Original document has been signedlinitialed 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 BeC 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 exce t the BCe Chairman 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 final ne otiated contract datc whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature 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 ofBCe approval. Some documents arc
time sensitive and require forwarding to Tallahassee within a certain time frame or the BCes actions
are nullified. Be aware of your deadlines!
The document was approved by the Bee on 03/11/08 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.
Please return an 1 executed ori inals to Brenda Brilhart
Yes
(lnitiat)
CMG
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
101
MEMORANDUM
Date:
May 7, 2008
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract #08-5020: "Annual Contract - Mitigation Credits"
Contractor: EarthMark Southwest Florida Mitigation LLC
Attached please find the original contract document, as referenced above,
(Agenda Item #101) approved by the Board of County Commissioners on
Tuesday, March 11,2008.
The Minutes & Records Department has also retained an original copy which
will be kept as part ofthe Board's permanent record.
If you should have any questions, please contact me at 252-7240.
Thank you.
101
A G R E E MEN T 08-5020
for
Annual Contract for Miti~ation Credits
THIS AGREEMENT, made and entered into on this 11th day of March 2008, by and between
EarthMark Southwest Florida Mitigation LLC, authorized to do business in the State of
Florida, whose business address is 12800 University Drive, Suite 400, Fort Myers, Florida
33907, hereinafter called the "Contractor" (or "Consultant") and Collier County, a political
subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of a
Purchase Order. The contract shall be for a one (1) year period, commencing on March
11, 2008, and terminating on March 10, 2009. The County may, at its discretion and
with the consent of the Contractor, renew the Agreement under all of the terms and
conditions contained in this Agreement for three (3) additional one (1) 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. STATEMENT OF WORK. The Contractor shall provide mitigation credits in accordance
with the terms and conditions of Bid #08-5020 and the Contractor's proposal referred to
herein 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 Contractor 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.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit price,
together with the cost of any other charges/fees submitted in the proposal. Any county
agency may purchase products and services under this contract, provided sufficient
funds are included in their budget(s). Payment will be made upon receipt of a proper
invoice and upon approval by the Project Manager or his designee, and in compliance
with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act".
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or faxed to the Contractor at the following Address:
Lynn Zenczak, Regional Director
EarthMark Southwest Florida Mitigation, LLC
12800 University Drive, Suite 400
Fort Myers, FL 33907
(239) 415-6206 / (239) 415.6243 Fax
Page I of 5
101
All Notices from the Contractor 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
Attention: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Contractor 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.
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, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely
responsible for payment of any and all taxes levied on the Contractor. In addition, the
Contractor shall comply with all rules, regulations and laws of Collier County, the State
of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor
agrees to comply with all laws governing the responsibility of an employer with respect
to persons employed by the Contractor.
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. I n 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 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 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.
Page 2 of5
101
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 $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. N/A Business Auto Liability: Coverage shall have minimum limits of $00,000
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. N/A Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County 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
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 County.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Transportation Department.
13. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
Page 3 of5
101
with the performance of services required hereunder. Contractor further represents that
no persons having any such interest shall be employed to perform those services.
14. 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: Contractor's Proposal, Insurance Certificate, Bid #08-5020 Specifi-
cations/Scope of Services.
15. 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.
16. 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.
17. 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.
18. 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.
19.0FFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20.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.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor.
Page 4 of5
101
d, i.I'
i
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.
By:.
Daf~d: -
Attest''''.Ekt
11gnature oili.
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER C07Y' FLO IDA
By: :!<fj1..
Tom Henning, Chairman
~-vn ~
Assistant County Atlorney
Colleerl fliI.eree~
Print Name
EarthMark Southwest Florida MitiQation, LLC
Contractor
,::tf;;u "2 ~7'zI? .
Firs(Witness
By:
L f;//!j ? 9/( ::> Ii/(
tType/print witness namet
~Avi~S~
~f~ -r U0.1~o..\
tType/print witness namet
Souqlas Cardello, President
Typed signature and title
Page 5 of 5
10 I
ACORD,. CERTIFICATE OF liABILITY INSURANCE I DATE (MMIDDIYYYY)
11/19/2007
PRODUCER Phone: 239-278 -0278 Fax: 239-278 -5306 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brown & Brown of FL, Inc. - Fort Myers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3820 Colonial Blvd. I Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Myers FL 33966
INSURERS AFFORDING COVERAGE NAIC#
--
INSURED INSURERA Insu:ranGs-.,C.QillPfl.nu of the Stat
EarthMark Mitigation Services, LLC ..
12800 University Dr., Suite 400 INSURERS
Ft. Myers FL 33907 -.!~SU~i~.5~;___
INSURER D:
I INSURER E:- .--_.,- U_""____
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 WI TH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
~~S, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
II~~: ~~~.~ ._H'__ POLICY EFFECTIVE POLICY EXPIRATloir-" ---~ -
POLICY NUMBER LIMITS
I L GENERAL LIABILITY EACH OCCURRENCE I.
~MMERCIALGENERAL L:ABILlTY DAMAGE TO RENTED
pg~E:MISES lEa occurengU__:--2-~__~_ --_._-~,.,--
CLAIMS MADE D OCCUR MED EXP(Any one person) $
! PERSONAl&ADV INJURY $ -
:::J ~____ .- I r--'----~~ n__ ." -_...__.. ---~
I I GENERAL AGGREGATE 5
~.~ AGGREG~lE LIMIT ATlIES PER i PRODUCTS -=- C9_"'iF.'lOP AG~~ .
I ----
POLlCY I j~PT lloc I
! AUTOMOBILE LIABILITY I
'-l COMBINED SINGLE LIMIT .
ANY AUTO I (Eaaccident)
-, AlLOWNEDAUTOS BODilY INJURY I
I r-. (Per person) .
! ~~ SCHEDULED AUTOS ---- --~_.._----'--~---.-- ----'~-'- ~...~-
- HIRED AUTOS BODilY INJURY
I (Per accident) $
NON.OWNEDAUTOS
- i .' - -~-
...- 1 I PROPERlY DAMAGE $
{Per accident}
I GARAGE LIABILITY , AUTO ONLY - EAACCIDENT $
I
~ ANY AUTO OTHER THAN EAACC .
, i AUTO ONLY: AGG .
~~SSIUMBRELLA LIABILITY I E:~C,l:l,Q~URF3!=_t>!,c:,~___J!_____,_
OCCUR CJ CLAIMS MADE uu~_~_,_u - u,,__m
I AGGREGATE
----- " ---------
_=~ ~EDUCTIBLE I f----~-----.l,,~_ -~
$
RETENTION . $
WC5314163 9/19/2007 9/19/2008 ,!;: I T'X~J[fJNs I 10TH.
A WORKERS COMPENSATION AND ER
EMPLOYERS' LIABILITY i ELEACHACCIDENT $100 000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? _~c~, DISEASE - EA EMPLOYEE $100 000
~~Etl~e~~~o~L~4({NS below I
I EL DISEASE - POLICY LIMIT $ 500 000
OTHER I
I I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
'30 days notice of cancellation, except 10 days notice for non~payment
E, ANNUAL CONTRACT FOR MITIGATION CREDITS
Collier County Board of
3301 East Tamiami Trail
Naples FL 34112
county
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
Commissioners WILL ENDEAVOR TO MAIL 30* DAYS 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 INSURER, ITS AGENTS OR REPRESENTATIVES.
CERTIFICATE HOLDER
I
AUTHORIZEDREPRESENTATIVE~~ C uJ~
@ACORDCORPORATION1988
ACORD 25 (2001/08)
101
AC08D. CERTIFICATE OF LIABILITY INSURANCE OPID'l~ DATE (MMlDDlYYYY)
EARTH-1 11/19/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Vaughan Insurance Group, LLC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1515 S Utica Ave, Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tulsa OK 74104 I
Phone: 918-779-7880 Fax: 918-779-7885 i INSURERS AFFORDING COVERAGE NAIC#
~~_..- - _._--_.".._._-----~,,---~--- I INSURER A:
INSURED Kid Continent Casualty Company
-
, INSURER B:
Earthmark ~tigation Services, I INSURER c: -------
LLC r~~--'---" ".---.-----
12800 Universit~ Dr #400 INSURER 0:
Ft. Meyers FL 3 907 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
I PD~Lf~~JUDE~~!l;E POLICY EXPIRATION -
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DDNYj LIMITS
GENERAL LIABILITY ; EACH OCCURRENCE ;,1000000
A X 3~=tERCIAL GENERAL LIABILITY 04GLOO0698499 08/15/07 08/15/08 I PREM~ES YE~~~~~nce) ., 100000
'----1_ CLAIMS MADE [X] OCCUR ----
i MED EXP (ArlY one person) _~_excluded
__________._..__n__ __
U 1_.:_~_~_~?~~~.~~ADV INJURY __1~ 1000000 I
~Prof~ssional _~~ 04GLOO0698499 08/15/07 08/15/081>_~,~~_~~A~_~(3GREGATE $ 3000000
'~'L AGG~EnE~L1MIT APnSI PER PRODUCTS - COMP/OP AGG $ 3000000
PRO- i I .------
POLICY JECT LOC
AUTOMOBILE LIABILITY I I : COMBINED SINGLE LIMIT
-~- , 1000000
_ ANY AUTO I j{Eaaccldent)
~DIL Y INJ~-~ ----.--- ---- ---_.- - -~--~-
ALL OWNED AUTOS
~ SCHEDULED AUTOS ~'P'''COI I'
A : X HIRED AUTOS 04GLOO0698499 08/15/07 08/15/08 BODILY INJURY
'X NON-OWNED AUTOS 04GLOO0698499 08/15/07 08/15/08 (per accid~n_~_______ ,
A
I I -- ~_._.-
: PROPERTY DAMAGE
i-- '(peraccident) $
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT ,
q ANY AUTO , ,
OTHER THAN EA ACC
, , AUTO ONLY. :$ ----.-..--
! AGG
EXCESS/UMBRELLA LIABILITY I EACH OCCURRENCE " 5000000
D CLAIMS MADE --...
A I OCCUR 04XS152853 08/15/07 , 08/15/08 AGGREGATE , '5000000
I , .--..-----
I ,
i-- ----.---.----
I ~ DEDUCTIBLE I ,
, I --- ---.-.-----.--.-
X I RETENTION 110000 ,
! WORKERS COMPENSATION AND ITO~Y::'~I~:i's i IUER' -------
j EMPLOYERS' LIABILITY
I ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT ,
--._--
I OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE ,
If yes, descnbe urlder EL DISEASE- POLICY LIMIT ,
SPECIAL PROVISIONS below
I OTHER ! I
I i I I
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Bid No. 08-5020-Annua1 Contract for Mitigation Credits. Collier County
Board of County Connnissioners is named as an additional insured.
CERTIFICATE HOLDER
CANCELLATION
I
Collier County Board of
County Connnissioners
3301 East Tamiami Trail
Naples FL 34112
SHOULD ANY OF THE 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 DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUT~~TATIVE
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
.",.
EarthMark
iv\ITIC.,lJ,T!ON SER\/ICES
Florida. North Carolina . Woet Virginia
April 24, 2008
Brenda Brilhart
Purchasing Agent
Collier County
3301 Tamiami Trail East
Naples, FL 34112
Re: Collier County Annual Contract for Mitigation; Bid 08-5020
Dear Ms. Brilhart:
Please let this letter servc as clarification of the company structure for the award of Bid
Number 08-5020. In December of2007, EarthMark Southwest Florida, LLC provided
Collier County with a bid for the Annual Contract of Mitigation Credits under the
company name of Southwest Florida Mitigation, LLC. The bid package should have been
submitted as EarthMark Southwest Florida Mitigation, LLC as this is the entity that
actually owns and sponsors the Big Cypress Mitigation Bank and the Corkscrew
Regional Mitigation Bank.
In past years, Ruby Red Equities, LP and Star-Glo Associates, LP were the entities that
owned the Big Cypress Mitigation Bank:. In 2007, company reorganization occurred and
EarthMark Southwest Florida Mitigation, LLC internally purchased Ruby Red Equities,
LP and Star-Glo Associates, LP. To further clarify, EarthMark Southwest Florida
Mitigation, LLC contracted EarthMark Mitigation Services, LLC to act as the entity
responsible for the management of the bank: property and the marketing of the
commodity known as mitigation credits. All checks for payment for mitigation credits by
Collier County should be written to EarthMark Southwest Florida Mitigation, LLC.
Thank you and please do not hesitate to contact me for any questions or concerns at (239)
415-6206.
Sincerely,
'J
~t{Z~;:::?/?
LYnn Zenefak/
Regional Director of Sales, Florida
12800 Untvemty Dr. Suite 400 Ft. Mye1'8 Florida. 33907 ph 239.416.11200 fX 239.416.8298
, t9ElO Derita Road. Concord, NC 28027 ph 704.782.4133 fx 704.782.4148
---..-t--..
12A
''"~'. ft;."
'\..':". "'.
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 fouting slip (lod original
documents are to he forwarded to the Board omce only after Ihc Board hAs taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, andlor infonnation needed. If the document is already complete with the
exec lion of the Chairman's 51 nature, draw a line thrau h rautin lines #1 thrau h #4, com Jete the checklist, and forward to Sue Filson (line #5)
Route to Addressee(s) Office Initials Date
(List in routin order)
I.
2.
(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 Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item,)
Name of Primary Staff Jeffrey A. K]atzkow
Contact
Agenda Date Item was 3/1 ]/08
A roved b the BCC
Type of Document
Attached
3.
4.
5. Sue Filson, Executive Manager
-
Board of County Commissioners
X8400
]2A
.'"
Yes
(Initial)
N/A (Not
A lieable)
6. Minutes and Records
Clerk of Court's Office
1)~
\)~
uDA
\)'y\\
vft
~
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Resolution
Number of Original
Documents Attached
L Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
04.BCC.O 11 99/834
~~s
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark UN/A" in the Not App]icable column, whichever is
a ro riate.
Originai document has been signed/initialed for iegai 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,
resoiutions, etc. signed by the County Attorney's Office and signature pages !rom
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officia]s.)
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 approvai of the
document or the final ne otiated contract date whichever is a licab]e.
"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 3/11/08 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Cnunt Attorne 's Office has reviewed the ehan es, if a IicabIe.
2.
3.
4.
5.
6.
12A
J4 ~.
q
RESOLUTION NO. 2008- 65
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE
OF HEALTH FACILITY REVENUE BONDS BY THE COLLIER COUNTY
HEALTH FACILITIES AUTHORITY, AS REQUIRED BY SECTION 147(1)
OFTHE INTERNAL REVENUE CODE, AS AMENDED; PROVIDING THAT
THE BONDS SHALL NOT BE A DEBT OR OBLIGATION OF COLLIER
COUNTY, SHALL NOT CONSTITUTE A PLEDGE OF TAXES OR ANY
OTHER REVENUES OF THE COUNTY; PROVIDING THAT THE
PROJECT TO BE FINANCES SHALL BE SUBJECT TO ALL
REGULATIONS OF COLLIER COUNTY; PROVIDING FOR OTHER
RELATED MATTERS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Collier County Health Facilities Authority (the "Authority") is a body
corporate and politic of Collier County, Florida created by Collier County Ordinance No. 79-95 duly
adopted by the Board of County Commissioners on November 20, 1979 pursuant to Part 111 of
Chapter 154, Florida Statutes, as amended, (the "Act") with the power to issue revenue bonds for the
purposes of financing a "project" as defined in the Act; and
WHEREAS, The Moorings, Incorporated, a Florida not for profit corporation, with certain
facilities located within the boundaries of Collier County, Florida (the "Borrower") has requested the
Authority to issue its revenue bonds as described below for the benefit of the Borrower and to loan
all or a portion ofthe proceeds thereof to the Borrower for the purposes set forth herein; and
WHEREAS, the Authority caused notice of a public hearing to consider approval of the
Bonds and the location and nature of the project to be published on or before February 10,2008, in
the Naples Daily News a newspaper of general circulation in the County, and a copy of said notice is
attached as Exhibit A to the Authority Resolution as described below (the "Notice"); and
WHEREAS, on February 10,2008 a public hearing was held by the Authority with regard to
the issuance ofthe Authority's Health Facility Revenue Bonds (The Moorings, Incorporated Project)
Series 2008 in an aggregate principal amount not to exceed $40,000,000, at the conclusion of which
hearing the Authority adopted the Resolution attached as Exhibit A (the "Authority Resolution"); and
WHEREAS, the proceeds of the Bonds will be used by the Authority to make a loan to
Borrower to finance (including reimbursement to the Borrower of previously incurred expenses in
connection with) the cost of acquisition, construction and equipping of health care facilities located at
120 Moorings Park Drive, Naples, Florida, within Collier County, Florida and to pay the costs of
issuance of the Bonds(all of the property financed with proceeds of the Bonds being owned and
operated by the Borrower); and
WHEREAS, the Bonds will not be an obligation of the County, and will be payable solely
from funds of the Borrower; and
WHEREAS, pursuant to the requirements of the Internal Revenue Code of 1986, as amended
(the "Code"), as a prerequisite to the issuance of the Bonds, it is necessary that the Board of County
Commissioners of Collier County, Florida approve the issuance thereof after said public hearing; and
1 2 A p~;
WHEREAS, the Board of County Commissioners desires to evidence approval of the
issuance of the Bonds solely to satisfy the requirements of the Code.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier
County, Florida that:
Section I. The Board of County Commissioners hereby approves the issuance of the
Bonds solely for purposes of Section 147(1) of the Code.
Section 2. The Bonds shall not constitute a debt, liability or obligation of Collier County,
Florida, its Board of County Commissioners, or any officers, agents or employees thereof, or of the
State of Florida or any political subdivision thereof, including the City of Naples, but shall be
payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing
power of Collier County, Florida, the State of Florida or any political subdivision thereof is pledged
to payment of the principal of, premium, if any, and interest on the Bonds. No member ofthe Board
of County Commissioners of Collier County, Florida or any officer, agent or employee thereof shall
be liable personally on the Bonds by reason of their issuance.
Section 3. This approval shall in no way be deemed to abrogate any rel,,>ulations of Collier
County, Florida, and any and all projects contemplated to be financed with the Bonds shall be subject
to all such regulations, including, but not limited to, the Collier County Growth Management Plan,
all concurrency requirements contained therein, the Collier County Land Development Code, and all
applicable impact fee regulations to the extent that any such regulations are applicable to any
properties or projects located within the City of Naples, Florida.
Section 4. If any Section, paragraph, clause or provision of this Resolution shall be held
to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full
force and effect, it being expressly hereby found and declared that the remainder of this Resolution
would have been adopted despite the invalidity or ineffectiveness of such Section, paragraph, clause
or provision.
Section 5.
This Resolution shall take effect immediately upon its adoption.
PASSED and adopted this II th day of March, 2008.
ATTEST:
Dwight E. Brock, Clerk
COLLIER COUNTY, FLORIDA BY
ITS BOARD F CO Y COMMISSIONERS
By:
At t. Deputy Cl.cl1 "
lItastol;a&
[stWf~ tlK't Oli)~,
.
.
ga sufficiency:
r--
I !em# J 2.A-
! ~;~.~~,na 9*
I'di; 3j~!&
hd_'1~ \,j
~~f
Appro d
12A
J r.-
RESOLUTION NO. 2008-01
AN INDUCEMENT RESOLUTION OF THE COLLIER
COUNTY HEALTH FACILITIES AUTHORITY REGARDING
THE OFFICIAL ACTION OF THE AUTHORITY WITH
RESPECT TO THE PROl'OSED ISSUANCE BY THE
AUTHORITY OF ITS HEALTH FACILITY REVENUE
BONDS (THE MOORINGS, INCORPORATED PROJECT)
SERIES 2008 IN AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $40,000,000 FOR THE PRINCIPAL
PURPOSE OF REIMBURSING THE MOORINGS,
INCORPORATED (THE "BORROWER") FOR, AND PAYING
THE COSTS OF, ACQUISITION, CONSTRUCTION,
EQUIPPING AND IMPROVING THE CONTINUING CARE
FACILITY OWNED AND OPERATED BY THE BORROWER
AND LOCATED AT 120 MOORINGS P ARK DRIVE, NAI'LES,
FLORIDA; PROVIDING AN EFFECTIVE DATE AND
PROVIDING FOR RELATED MATTERS.
WHEREAS, The Moorings, Incorporated, a Florida not-for-profit corporation (the
"Borrower") has applied to the Collier County Health Facilities Authority (the "Authority") to issue
a series of its private activity revenue bonds in the initial aggregate principal amount of not to exceed
$40,000,000 (the "Bonds") for the principal purpose of financing a loan by the Authority to the
Borrower the proceeds of which will be used by the Borrower to reimburse itself and pay the costs
of acquiring, constructing, equipping and improving the continuing care facility owned and operated
by the Borrower and located at 120 Moorings Park Drive, Naples, Florida (the "Project") and paying
costs associated with the issuance of the Bonds; and
WHEREAS, the "Project," as described in the application consists ofthe following: 29 living
units housed in three new buildings under construction on the existing campus of the Borrower; and
WHEREAS, the Borrower has requested that the Authority loan the proceeds of the Bonds
to the Borrower pursuant to Chapter 154, Part III, Florida Statutes, or such other provision or
provisions of Florida law as the Authority may determine advisable (the "Act") in order to
accomplish the foregoing purposes; and
WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to tbe
Borrower to finance the costs of the Project under loan agreements or other financing agreements,
and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient
to pay the principal of and interest and redemption premium, if any, on such Bonds and such other
costs in connection therewith as may be incmred by the Autbority, will assist the Borrower and
promote the public purposes provided in tbe Act; and
WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of/he Internal
Revenue Code of 1986, as amended (the "Code"), the Authority did on the date hercofhold a public
hearing on the proposed issuance of the Bonds for the purposes herein stated, which date is more
than 14 days following the first publication of notice of such public hearing in a newspaper of
general circulation in Collier County and which public hearing was conducted in a manner tbat
provided a reasonable opportunity for persons with differing views to be heard, both orally and in
EXHIBIT A
TO COUNTY RESOLUTION
12A H~
writing, on the issuance of the Bonds and the location and nature of the Project, as more particularly
described in the notice of public hearing attached hereto as Exhibit A; and
WHEREAS, it is intended that this Resolution shall constitute official action toward the
issuance of the Bonds within the meaning of the applicable United States Treasury Regulations in
addition to any other action that may have heretofore been taken by the Borrower;
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY HEALTH
FACILITIES AUTHORITY, THAT:
SECTION I. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted
pursuant to the provisions of the Act and other applicable pl'Ovisions oflaw.
SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit
the Borrower to proceed with the financing of the costs of the Project and to provide an expression
of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and
make the proceeds thereof available for such purposes, all in accordance with and subject to the
provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the
United States of Amcrica, including the Codc, and this Resolution.
SECTION 3. APPROVAL OF THE FINANCING. The financing of the costs of the Pl'Oject
by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and
welfare of the citizens of Collier County, will promote the general economic structure of Collier
County, and will thereby serve the public purposes of the Act and is hereby appl'Oved.
SECTION 4. AUTHORIZATION OF THE BONDS. There is hereby authorized to be
issued and the Authority hereby determines to issue the Bonds, if so requested by the Borl'Ower, in
an aggregate principal amount not to exceed $40,000,000 for the principal purpose of financing the
costs of the Project. The rate of interest payable on the Bonds shall not exceed the maximum rate
permitted by law.
SECTION 5. GENERAL AUTHORIZATION. The Chairman and the Vice-Chairman are
hereby further authorized to take such steps and actions as may be required or necessary in order to
cause the Authority to issue the Bonds.
SECTION 6. OFFICIAL ACTION. This resolution is an official action of the Authority
toward the issuance of the Bonds, in accordance with the purposes of the laws of the State of Florida
and the applicable United States Treasury Regulations.
SECTION 7. LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not
constitute an indebtedness or pledge of the general credit or taxing power of Collier Cmmty, the
State of Florida or any political subdivision or agency thereof but shall be payable solely from the
revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into
between the Authority and the Borrower prior to or contemporaneously with the issuance of the
Bonds. The Authority has no taxing power.
SECTION 8. LIMITED APPROVAL. The approval given herein shall not be construed
as an approval or endorsement of approval of any necessary rezoning applications nor for any other
regulatory permits relating to the Project and the Authority shall not be construed by reason of its
2
12A 1~1
adoption of this resolution to have waived any right of Collier County or to have estopped Collier
County from asserting any rights or responsibilities it may have in that regard.
SECTION 9. EFFECTIVE DATE. This Resolution shall take effect immediately.
ADOPTED this 25th day of FeblUary, 2008.
. ,\Jell Cc
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COLLIER COUNTY HEALTH FACILITIES
AUTHORITY
~~
ATTEST:
3
12A
~
Th.Th,
NAI'LES DAILY NEWS
Published Daily
Naples, FL 34102
Before the undersigned they serve as the authority, personally
appeared !:L Lamb, who on oath says that they
serve as the Assistant Corporat.e Secretary of the Naples Daily,
a daily newspaper published at Naples, in CoBier County,
Florida~ distributed in Collier and Lee counties or Florida; that
the attached copy of Ihe advertising, being a
',P:nd":h'E1ilrlnO,dI5.
d,l~s\.lanc~ol till)
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;"th~,lrW.Q,I,&'\CQn.s9mlng_1i- !i, ,.'pendlng,bofore
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mado,..whlphncotd :_nclues",tho,'te~tlmony and
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'Irom'.J.~dQI,':'agteement';or othtlrllnaric.llii',dOClI-
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(239r2,63_,80GO'l1o~:latQr'thanthrce",(~):.days prior to
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, c'-:!S:Qlven,_pursuantto Soctlon 147(11
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deriiirnl'cotinsol :~'!i:;~:l',
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Affidavit of Publication
State of Florida
County of Collier
1'\) Bq[J'i_(m~i;
ill iI10 mailer of PUBLIC NOTICE
was published in Silid newspaper 1 time in the issue
QJ!Ecbruarv 10111,2008
I\Oh\l\llilJ'ther says thallhe 511id Naples Daily New!> i" It newspaper
l)ubli~hed aL Nnplcs, in collier COUllty, Florida llnd thnllhc said
newspnper hi\.~ hcrclllfoL'c been cmllinuously puhlished ill ~lIid Collier
COllllly, Florida', disirihuted in Collier and Lec counlies or Florida,
cadI Ilay and has been enlered a~ ~ccotld class tllllilllHIUcr al Lhl,) post
ollil,:':: in Nnplcs. ill sllj(\ Collier County, Florida, for 11 period Ilf 1
)-c:lr nexl preceding Ihe firsl pllblicnliotl oflhcl\tlllchcd Cl)!lY or'
ildvCflisclllcl1t~ and aJ1i,lll\ I\tlther says thaI he hilS ncither pidd nor
prll1\liscd IlllY person, !"Inn or ";Orp(lfll\ion ,my discolml, rchnlc,
c()Ill111issiull or n:flltld for the purJl()SC orSCcurillB this ndvcrtillclllcul for
publi\:illioll ;11 (he .~ai,ll",w~papcr.
...~~-
( Signature of affiant)
Sworn to cllld subscribed heFore me
This 271J',200H
Day or Fcl1wllry 20()X
(Si!'~~;lr)'~~~-
FEI 59-257X.127
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JUOY JANES
Commission DO 675029
Expires May 16, 2011
no"cled'n"\I1ffl'/h;nt"wrlll~I)Oll/36~-1019
EXHIBIT A
TO AUTHORITY RESOLUTION
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 2 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 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
excention of the Chairman' s shmature. draw a line throul!:h TOutinl! lines # I through #4, comolete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routimz order)
I.
2.
3.
4. Jeffrey A. Klatzkow, Chief Assl. County County Attorney JAK 3/14/08
Attorney
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson. need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature arc to be delivered to the BCC office only after the BeC has acted to approve the
item.)
Name of Primary Staff Jeffrey A. Klatzkow, Chief Assl. County Phone Number 8492
Contact Attornev
Agenda Date Item was March I I, 2008 Agenda Item Number l2-B
Approved bv the BCC (moved from 16K2)
Type of Document Resolution ~~00 Number of Original One
Attached Documents Attached
t.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicahle column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
Tbe document was approved by the BCC on 3/11/08 and all changes made during the
meeting have been incorporated in the attached document. Tbe County Attorney's
Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
JAK
N/A (Not
A licable)
2.
3.
4.
5.
6.
JAK
JAK
JAK
JAK
JAK
I: Formsl County Forms! Bee Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
OS.HEN-OOOt2l2
128
RESOLUTION NO, 08 -66
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, DIRECTING THE COUNTY MANAGER
OR DESIGNEE TO APPLY THE SEVENTY -FIVE
(75) FOOT REAR YARD SETBACK FOR
ACCESSORY STRUCTURES FOR THE ESTATES
ZONING DISTRICT; PROVIDING FOR
NONCONFORMING ACCESSORY STRUCTURES;
REQUIRING BUFFERING FOR ACCESSORY
STRUCTURES UNDER CONSTRUCTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Zoning Director has opined that prior to 1991, there were conflicting
provisions in the Zoning Ordinance (Ord. No. 82-2, as amended) concerning rear yard setbacks
for accessory structures in the Estates (E) Zoning District; and
WHEREAS, the Collier Count Land Development Code (LDC) since 1991 has required
and still requires a seventy-five (75) foot rear yard setback for accessory structures in the Estates
(E) Zoning District; and
WHEREAS, since the early 1980's, there has been an historic departure in the application
of this rear yard setback requirement, with staff applying a ten (10) foot rear yard setback for
accessory structures in the Estates (E) Zoning District; and
WHEREAS, the LDC was never amended to reflect staff's application of the ten (10)
foot rear yard setback for accessory structures in the Estates (E) Zoning District; and
WHEREAS, a recent Code Enforcement complaint concerning an accessory structure has
brought this historic staff policy to the attention of the Zoning and Land Development Review
staff; and
WHEREAS, on February 26, 2008, staff has brought this matter to the Board of County
Commissioners for direction as to the application of the rear yard setback for accessory
structures in the Estates (E) Zoning District.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The County manager, or designee, is hereby directed to apply the setbacks for accessory
structures in the Estates (E) Zoning District until such time as the Land Development
Code is clarified as follows:
Page I of 2
128 p..
A. The seventy-five (75) foot rear yard setback for accessory structure in the Estates
(E) Zoning District shall apply to all accessory structures which may be
constructed after February 26, 2008, and which have not been issued a building
permit as of February 26, 2008.
B. All accessory structures in the Estates (E) Zoning District, which structures were
issued a Certificate of Occupancy (CO) prior to February 26, 2008, shall be
considered legal, nonconforming structures.
C. All accessory structures in the Estates (E) Zoning District for which a building
permit has been issued and that are under active construction as of February 26,
2008, may proceed with construction utilizing the ten (10) foot rear yard setback.
Type B Landscape Buffer, as to vegetative requirements only, must be installed
between the accessory structure and the rear property line.
BE IT FURTHER RESOLVED that this Resolution shall take effect as of February 26,
2008.
THIS RESOLUTION ADOPTED after motion, second and m~~ority vote favoring same,
this
\ \ ~ dayof~
2008.
ATTEST:, '~: ' ,',1,
DWIG1ff~: BROGK, CLERK
~;., '-:'.,'\
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.;.
-: .
.'
"
By: .
Albrlt ',IS ~~~_/tD puty Clerk
s I QIlatlirt CHI J · l_
By:
TOM HENNING, CHAIRMAN
Page 2 of 2
14A
MEMORANDUM
Date:
March 17, 2008
To:
David L. Jackson
Executive Director/CRA
2408 Lindwood Ave, Suite 7
Unit 11
Naples, Florida 34112
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Agenda Item #14A:
Resolution 2008-60
Attached, for your records, please find two copies as referenced above
(Agenda Item #14A) approved by the Board of County Commissioners on
Tuesday, March 11,2008.
The Minutes & Records Department has retained an original document for
the record.
If you should have any questions, please contact me at 252-7240.
Thank you,
Attachments
14A
CRA RESOLUTION NO.08 _ 60
A RESOLUTION OF THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (CRA)
RELATING TO COMMUNITY REDEVELOPMENT;
ACCEPTING THE BA YSHORE CULTURAL NEEDS
ASSESSMENT REPORT; ACCEPTING A PROPOSED
BOUNDARY, VISION AND MISSION STATEMENT;
RECOMMENDING THE COLLIER COUNTY BOARD OF
COMMISSIONERS CREATE BY ORDINANCE A
CULTURAL DISTRICT; AND DIRECTING CRA STAFF TO
DEVELOP AN IMPLEMENTATION PACKAGE FOR THE
DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the United Arts Council (UAC) of Collier County, the County's official
local arts agency, conducted a county-wide Cultural Needs Assessment in 2002; and
WHEREAS, the UAC established a goal to 'encourage the creation, renovation, and
adaptation of facilities for cultural activities throughout the county' with the objective to 'work
with appropriate partners to develop artist work/exhibit space in redevelopment areas' such as
the Bayshore area; and
WHEREAS, the move to create cultural arts neighborhood districts has gained
popularity in other cities and counties in Florida and the Bayshore Drive community has
expressed strong support of creation of a cultural district in the CRA; and
WHEREAS, the CRA Local Advisory Board conducted a local cultural needs
assessment of the Bayshore Drive area to document the support for art and cultural venues as a
revitalization and economic development tool; and
WHEREAS, the local Cultural Needs Assessment Report ("Report") recommends
adoption of the cultural district Mission and Vision Statements; and
WHEREAS, the Report recommends that the Board of County Commissioners (BCC)
create a cultural district in the Bayshore Drive area as an economic development catalyst; and
WHEREAS, the Report proposes a district boundary for the purpose of going forward
with an implementation strategy with recommendations for the branding, marketing, and
promotion of the proposed district; and
WHEREAS, the designation of a cultural district will provide access to state cultural
grants for acquisition and construction of art and cultural venues; and
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY, that:
A. Acceptance.
(I) The Collier County Community Redevelopment Agency (CRA) accepts the
recommendations of the Cultural Needs Assessment Report, attached hereto as
Exhibit A.
(2) The CRA hereby accepts the Cultural District's Mission Statement, Vision
Statement, and the proposed cultural district boundary as attached hereto as
Exhibit B.
B. Recommendation to the Board of Countv Commissioners.
(I) The CRA hereby forwards the proposed Cultural District boundary to the BCC
for the purpose of creating by ordinance a Cultural District and Cultural Plan
with an implementation strategy including recommendations for the branding,
marketing, and promotion of the proposed district.
Page I of2
14A
(2) The CRA recommends that the BCC delegate to the CRA the responsibilities to
develop an implementation plan to create a cultural plan, conduct required
feasibility analyses, develop a marketing and promotion plan for the district, and
advertise requests for letters of interest from art and cultural organizations or
venues.
C. CRA Action Steps. Provided the BCC designates a cultural district, the CRA
Commissioners direct the CRA Executive Director to develop an implementation plan to create
a cultural plan, conduct required feasibility analyses, develop a marketing and promotion plan
for the district, and advertise requests for letters of interest from art and cultural organizations
or venues, all to be approved by the CRA.
D. Effective Date. This Resolution shall become effective immediately upon fassage
and adoption. This Resolution adopted after motion, second and majority vote this ~day of
March. 2008.
ATIES.l'i . ,. W!i'i" '-
. ",,Jo.
DWIGHT E. B~OCflt'
COMMUNITY REDEVELOPMENT
AGENCY OF COLLIER COUNTY, FLORIDA
By tix ~
. DONN L~:-&IA
By:.
Att.st &, to O"t,.....:..,
s IlIft.t.... 0ll1'1I. ~t ", ,'~'
Approved as to form
and legal sufficiency
J::::ll/J ,~.u.<.. 011, Lbl:u dLd ~ jJ.i:/-..t'--0
MaIjorie . Student-Stirling
Assistant County Attorney
Page 2 of2
14l~
for the Arts and
Entertainment
Industries
8147 Delrror BoulcVDrd
Sui~e21g
S:. Lnu;s. MO 63130
3 47272880
fax 31/.,727 034B
Collier County Community
Redevelopment Agency
Bayshore Cultural District
Needs Assessment
BAYSHORE GATEW,Y TRIANGLE
I! ~,
133133 oH~'V~
COMMUNITY REO~VElOPMENT AGENCY
FINAL MEMO REPORT
February 2008
Connecticut
1'\;\1 ~,SCJU (i
14A
CONTACT INFORMATION
AMS Planning & Research
www.AMS-Online.com
Arthur Greenberg, Director
8147 Oehnar, Suite 218
St. Louis, MO 63130
(314) 727-2880
Fax (314) 727-0348
A Grccnbcrg@Al'vlS-Online.com
14A
Collier County Community Redevelopment Agen~)'
Bqyshore Cu/lural District j'\}eeds ASJcssment - Pinall\1emorandum Reporl
AlvIS Planning & Rueardi
Pebrnary 2008
Introduction
In late 2007 AMS Planning & Research was retained by the Collier County Community
Redevelopment Agency (CRA) to document needs and opportunities for an Arts/Cultural
District in the Bayshore Drive redevelopment area. This preliminary planning step, if
deemed "feasible," would result in a request for formal designation by the CRA Board.
AMS staff conducted a site visit and facilitated a series of leadership interviews with
representatives of Collier county government, arts/ culhltal groups, educational institutions,
and individual artists. A "situation analysis" involved exploration of existing spaces and
assets in the Bayshorc Drive area, and an "environmental scan" was intended to provide
background information on cultural districts in general, and on specific arts districts in
Florida. A formal workshop presentation of findings to the CIlJ\ Advisory Board and
members of the public was held in February 2008 which resulted in the recommendation to
form a Cultural District in the Bayshore Drive area of Collier County. A summary of the
research findings and specific recommendations follows.
Cultural District Definitions
Arts, cultural, and entertainment districts have been defined as "a well-recognized, labeled,
mixed-use area of a city in which a high concentration of cultural facilities serves as the
anchor of attraction." They range from specific, geographically-defined, formally-designated,
with specific zoning and/ or development incentives, to informally claimed, descriptive areas
that describe a neighborhood with an arts or cultural institution concentration (often with a
brochure and map that lists the art galleries, public art, and/or other cultural assets in an
area).
The Bayshore Redevelopment Area
Collier County's Bayshore redevelopment area consists of approximately 1,868 total acres.
The CRA is the owner (through acquisition) of a 17 -acre site and 15 residential lots. The
entire redevelopment area has property owned by 2,709 entities. Residential units range from
847 single family homes to 1,324 condominiums. There are approximately 84 vacant
commercial spaces and 59 one-story stores. The total assessed value of property in the
district amounts to $1.03 billion of which $750.5 million is taxable (detail in the chart below),
Use Category ACRES LAND VALUE IMP VALUE ASSESSED VALUE TAXABLE VALUE sa FEET UIAIR TOTAL SQ
FEET
VACANT RESIDENTIAL Total 174.88 $43,928,566 $169,296 $44,097,862 $44,097,862 431 431
RESIDENTIAL Tolal 894.66 $245,635,369 $365,241,376 $492,307,808 $471,583,949 4,385,024 3,655,256
VACANT COMMERCIAL 78.92 $36,966,215 $66,985 $37,033,200 $37,033,200 0 0
COMMERCIAL Total 312.29 $110,569,880 $70,239,084 $180,706,914 $180,493,438 1,178,999 1,186,794
INDUSTRIAL Total 12.66 $8,140,986 $5,195,853 $13,336,839 $13,336,839 123,424 123,424
VACANT INSTITUTIONAL Total 155.54 $12,271,956 $0 $12,271,956 $0 0 0
INSTITUTIONAL Total 44.25 $11,653,957 $11,639,854 $23,293,811 $1,739,724 125,397 131,099
GOVERNMENT Total 86.17 $31,552,148 $198,646,977 $229,932,051 $749,801 148,397 154,348
MISCELLANEOUS Total 109.16 $1,588,980 $16,249 $1.605,254 $1,508,804 1.240 1,240
Grand Total 1868.5 $502,308,057 $651,215,674 $1,034,585,695 $750,543,617 5,962,912 5,252,592
Source: Collier County Appraiser
Page 1
Collier County Community Redevelopment A,gen~)'
Bq;"J!Jore Cultural District I\,reeds ASJe.fJ'ment - Finallvlemorandum Report
AVIS Planni~~ & Research
14A
February 2008
Existing Assets in Bayshore
There are a few existing cultural assets in the area including the site of the Naples Botanical
Garden site (165 acres) for which a capital fundraising campaign is underway. The Bayshore
Coffee Company hosts frequent music events in its cafe space, and the Real McCaw
restaurant has a loyal following. The East Naples Community Park and Center are located in
the Bayshore district; future plans for the area include a new Middle School and some 5,000
new residences are anticipated to be developed within 1 mile of the site. Bayshore Cultural
Arts currendy produces programs and events in rhe area; a few artists have developed or are
renting studio space.
Unlike many cultural Districts, the Bayshore area lacks existing buildings that would be
suitable for renovation or adaptive re-use as cultural venues. Much of the existing housing
stock is not conducive for development as artist live-work spaces, and land costs are
reportedly rising. Some artists are flocking to other developing cultural "nodes" in the
county such as office condominiums in the nearby Triangle redevelopment area, and in an
industrial area north of Pine Ridge there are 15-20 artists' studios and galleries with
occasional coordinated gallery openings and related programming (e.g., open studio tours).
The existing County codes in the Bayshore area don't allow "customers" into private homes
so artists are not able to sell work out of their live/work spaces (though this is not
considered a major drawback).
Environmental Scan
AMS has identified more than 75 officially-designated or informally-claimed Arts/Cultural
Districts around the U.S. Many are home to First Night (alcohol-free New Year's Eve)
celebrations, walking tours, performing arts venues, specialty signage, and regular special
events. Some notable districts are found in communities such as Tucson, Arizona; Buffalo
Place, New York; Mobile, Alabama (Cathedral Square Arts District); Sacramento, California;
San Antonio, Texas; Phoenix, Arizona; Santa Barbara, California; and in Houston, Texas.
The consultants sought to identify cultural districts in Florida to serve as frames of reference
for the proposed District in Collier County. Below are thumbnail descriptions of these
districts; more detailed descriptions have been submitted under separate cover.
. The Tallahassee Capitol Downtown Cultural District
was created "to increase attendance and stimulate
downtown development." The area's Convention &
Visitors bureau mapped 28 existing cultural venues,
sites, and public art installations, and in 1992
downtown zoning was revised to promote the goals
of mixed uses, residential development, and
"walkability." While arts uses are not specifically
identified they are seen as compatible with the re-zoned uses.
Page 2
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Collier County Communi!;' RedclJelopment A<~en9'
Bqyshore Cultural Distn'ct ]\leeds Assessment - fInal Alemorandum Report
.AMS Planning & Research
February 2008
. In St. Petersburg the City promotes a Downtown Cultural District, though it is not
officially-designated. The Downtown Arts Association is a non-profit group of
galleries and museums that publishes a brochure and sponsors monthly gallery walks.
As in Tallahassee, the City has re-written zoning codes to encourage arts activity. In
St. Petersburg the zoning codes facilitate creating an "Arts Overlay District"
anywhere in the city which provides for certain arts activities in residential areas (e.g.,
small businesses, limited arts fabrication, etc.), subject to the approval of a majority
of area property owners.
. In Tampa the Cultural Arts District was identified
in the 2001 Master Plan. Though not officially
designated by legislation, the District is used as a
descriptive term for development and planning of
arts venues in a particular area of town in which
the Tampa Bay Performing Arts Center (P AC), Art
Museum, Riverwalk, and History Center are located.
. Sarasota created a Cultural Park Master Plan in 2007 which
embodies a vision for transformation of an existing area (with
concentration of arts venues) into a cultural district. The City
owns land whose predominant existing use is currently for
parking. The IS-year Master Plan addresses a matket analysis,
visioning charette, and cost estimates for a range of landscape
improvements and programming.
. Miami Beach's Cultural Ans Neighborhood District Overlay ("CANDO") was
designated in 2006 by a Blue Ribbon Committee that involved artists, property
owners, and developers. The overlay
was launched to prevent the "pricing
out" of artists. It consists of tax
benefits and zoning incentives for
property owners who can rent to
artists, writers, musicians, dancers,
and designers, and includes zoning
incentives for new development,
rehabilitation or new construction
with smaller residential units than normally allowed if set asides are made for
commercial work space or affordable housing.
Page 3
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Co/lier County CommunilJ' &de/le/opmenl Agel1~)'
Bqyshore Cultural Distrid l"\Teeds AS.fe.rsmenl - Fina! Alemorandum Report
AAtS Planning & Reseanh
February 2008
.
Orlando's Downtown l\rts District was designated by the city in 2000 with the
same boundaries as the eRA. A management entity, Downtown Arts District lne.,
was created with funding from the city, CRA, and the '
Downtown Development Board. DAD lne. helps arts
groups move into the district through the provision of
grants for tent subsidies and facility improvements; it also
sponsors special arts/ cultural events. The city also
employs informal incentives for new development and
encourages arts-related components by developers.
Representatives of the district report that the arts district
designation is seen as encouraging new development - "people want to be associated
with the arts district."
.
The Bradenton Village of the Atts was cteated in a formerly run-down residential
area known for drugs and prostitution ptoblems. The arts district was designated in
2000 with the mission "To build a community where artists live and work while
enhancing quality of life and creating a harmonious environment." Zoning was
changed to allow residential and businesses so artists could buy and renovate, live,
work and sell ftom homes/studios. There are now some 275 homes and 40 galleries
in the Village; ptoperty values have
skyrocketed and tax revenues arc way up.
While the ptogram started with artists it
has since expanded to include
restaurants, a bookstore, and new retail
developments. The City has ptogtams to
encourage development and grants for
fa~ade improvement and landscaping. The additional state Enterprise Zone
designation allows for state tax incentives. According to representatives of the
village, "the zoning change was the key to developing the area. It would still be a
slum without the zoning change."
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The Overlay Ordinance was designed to "encourage a
desired mix of appropriate home occupation and
home business uses oriented toward, or supporting a
visual or cultural arts theme while maintaining the
residential character of the underlying residential
neighborhoods." j\ny ptoposcd home occupation or
homc business use related and contributing direcdy to
an arts theme may be approved. Permitted uses
include fIne arts and crafts creation and sales (painting, sculpture, photography,
design, handicrafts, gallery), and Eating/Drinking Establishments (cafes, coffee
shops, bakeries). SpecifIc issues addressed in the ordinance include parking, storage,
signage, live-work space parameters, accessory dwelling units, lot and occupancy
standards, ete. (The sample ordinance has been submitted under separate cover).
Page 4
14 A. ~
Cof/ier Counry Commumjy Redevelopment Agenq
Bqyshore Cultural Dis/riet j\reeds Assessment - fInal Memorandum Report
A\1S Planning & Research
February 2008
Cultural District Monograph
j\mericans for the Arts (AFTA), a national arts service/membership organization, published
a monograph covering cultural districts in which several key points issues are discussed:
. As seen in the case studies summarized above, zoning is very important, and can
help raise awareness and get elected officials on board. Without zoning changes
artists often are priced out.
. Districts without zoning (and/ or official designation) can also be effective in terms
of public relations and marketing value. Markers, signage, directions to and signs and
banners within the district are often the domain of local Chambers of Commerce
and/ or Downtown Association or Convention & Visitors Bureaus.
. Small spaces in between developed anchor sites are important - "People don't want
to walk by empty lots or vacant buildings." Some districts have programs such as
Tucson's "Phantom Galleries" in which art displays arc installed in empty
storefronts to create the sense of continuity on a streetscape.
. It is recommended that small business incentives, not just for arts developments, are
also important, for entities such as cafes and bookstores. Rehabilitation tax breaks
are often offered; in Providence, Rhode Island, no sales tax is levied on the sale of
art work to encourage arts activity.
. Strong leadership and a management organization can be key to success; arts
councils, neighborhood or downtown associations, and other entities pursuing
marketing, coordination, programming (gallery hops, festivals) and so on can provide
animation to a District.
. Public or non-profit and/or artist ownership of space can prevent evictions and
serve as a foil for rising rents.
Artist Space Development "Making the Case"
Another important study related to artist housing and studio space in cultural districts was
published by LINe (Leveraging Investment in Creativity) in 2007. The report notes that
while there is little formal documentation of economic impact of artist space developments,
there is ample anecdotal evidence that suggests a range of impacts:
. Physical impacts (especially in redcvelopmcnt areas) are described that include
decreased blight, beautification, animation of vacant property, increase in pedestrian
and automotive traffic, and historic preservation of buildings.
. Social impacts often include increased arts-based programming, opportunities for
cultural participation, diversification of low income communities, youth
Page 5
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l~'
Collier County Community Rede/Jelopment Agen9'
Bq)'Jhore Cuitural DiJtn"d Needs AJSc.rsment - Final Memorandum Report
.A.AIS Planning ~... RCJeanh
February 2008
development, promotion of ethnic pride, and increased inter~generational
interaction.
. Finally, economic impacts might include promotion or formation of creative clusters,
increase in real estate values (revitalization, then gentrification), and an increase in
job opportunities.
Live~Work space artist developments often increase pedestrian traffic, streetscapes take on a
new, lively character, and other neighborhood development typically follows within three
years. That development in turn helps generate other cultural activity and creates a general
increase in visitors to an area. Cultural district projects often serve as catalysts for overall
neighborhood revitalization; the communities that evolve within a project boundary often
spread into the surrounding area, breathing new energy and stability into the entire
community.
Example: First ArtSpace Development in Florida
ArtSpace is a non~profit developer that works with communities to create artist housing
projects. Their first project in the state of Florida is the
Sailboat Bend Artist Lofts near downtown Fort
Lauderdale. The 13~acre tract is owned by the Fort ....
Lauderdale School District; the $13 million project is a
partnership involving i\rtspace, the Broward County
Cultural Division, and Lennar Homes, creating 37 new
units of affordable live/work space for artists and their
families. The housing units are available to families earning
50%~60'Y,) of area median income. Within 3 weeks of
opening there are reported to be some 269 artists on a waiting list for the units.
Needs Assessment
AlVIS undertook a survey of Collier County~based arts and cultutal organizations through
lists provided by the United Arts Council (1Ji\C) of Collier County. A total of 12
organizations completed the web~based survey in which they identified specific space needs
that might be accommodated in a Bayshore Cultural District, which are summarized below:
. Paradise Coastmen, a barbershop choms, is seeking performance space (of 350~1,OOO
seats) as well as rehearsal and storage space and administrative offices.
. Opera Naples is interested in performance space in the range of 1,400~1,500 seats
. Gulfshore Playhouse is seeking to create a resident theater venue of 400~550 seats
Page 6
14 A t~
Collier County Community Redevelopment Agen::y
BtfYshore Cultural Distrid l'\feeds Asse.rsmenl- Final Memorandum Report
A\15 Planning 6..... Researr);
February 2008
. The Bach Ensemble is in need of performance (500-1,000 scats) and rehearsal space
. Naples Orchestra & Chorus requires performance space
. Naples Concert Band has reported needs for rehearsal space and a music library
. Naples Opera Society is also interested in using performance space (of 300-700
scats) and room for rehearsals and offices
. Theatre Zone would utilize performance space of 200-500 scats as well as rehearsal
space and a production shop
. Other groups include Classic Chamber Concerts (needs a performance venue of 250-
500 scats and offices), Jazz Ensembles (150-250 scat theater), and the United Arts
Council itself (room for offices and meetings),
Specific Opportunities for a Bayshore Cultural District
The series of leadership interviews undertaken at the outset of the project identified the
interests of many individuals for an alternative to Naples' Fifth Avenue gallery "scene" as
many expressed a desire to see the Bayshore area transformed into an artist-focused "funky"
arts district. Many comments were received about specific facilities needs and opportunities
and also the strong interest for a mix of entertainment, retail spaces, special events, bike
paths, sidewalks, and regular events (such as a Farmer's Market).
As in some other cultural districts nationally, there may be an opportunity to develop
affordable housing that is designated for artists. A total of fifteen units in the Arboretum
project arc slated to be "affordable," defined as someone earning 60% of median income.
Workforce housing in Collier County is defined as affordable by those earning up to 80% of
median household income (e.g., $30,000 family of one, $63,900 median income for average
household of 2.7 people). It may be desirable to designate some of these affordable units as
artist housing.
Specific development opportunities arc afforded by the sites owned by the CRA. A number
of performance and visual arts facilities concepts have been put forward by various
organizations in the community; one or more of these might have the ability to
accommodate some of the identified needs of the dozen or so organizations who indicated,
through the needs assessment, an interest in locating performance, exhibit, rehearsal, and/or
office space in a future Bayshore cultural district. Other development concepts would
involve assembling a package of some of the 15 housing lots owned by the CRA to create an
artist live-work studio complex.
Page 7
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Co/licr County Community Redevefopment Agen~)'
H(~'yshore Cultura! Distn'd lVeedr AsscSJment - Final Memorandum Report
.AJHS Planning & RtJcarr!J
Febmary 2008
One group that has indicated a desire to explore options for development at the CRA's 17-
acre site is Gulfshore Playhouse, contemplating a new site for its proposed 550-seat
repertory theater venue with extensive education spaces, Other ideas (in the early stages of
development) have been suggested such as an "International Performing Arts" faciliry and
for a multi-disciplinary Collier County Cultural/Creative Center. A few individuals suggested
there may be the potential for creation of an Arts Entrepreneurship Incubator. (It was not
within the scope of this preliminary needs assessment study to evaluate feasibility or viability
of any of these specific ideas; methods for entertaining and evaluating specific proposals are
included in the recommended next steps section).
Recommendations
It is recommended by the Consultants and CRA Advisory Board that a mission statement, as
follows, be adopted by the CRA Board to guide the future designation and development of a
Cultural District within the Bayshore redevelopment atea:
To Itimtllate economic delJelopment by encotlragin.~ ctl/ttlra/ and al1.r activity in the area.
Vision
The CRA Advisory Board has also put forth a vision statement for the future District:
A regional, cultural, educational and entertainment area that J'upports mmmunilJ" activities, cultural and arts
even/s, and live/ work Jludio.r while enhaming the widential characler of the underlyin.~ neighborhood
Next Steps
A1fS recommends that following formal designation by the eRA Board that these next steps be
pursued:
. The CRA should issue a Request for Expressions of Interest (RFEI) or Request for
Proposals (RFP) for arts/ cultural organizations to develop performance and/or
exhibit venues at the CRA-owned 17 -acre site along Bayshote Drive. Cultural
organizations would be invited to propose development scenarios. The CRA might
share in the costs (on a matching basis) of individual market and/ or feasibility
analyses for individual proposals.
. A detailed Master Plan for the District should be undertaken covering urban design
considerations, way-finding and signage, public art, and other built environment
components. This effort should be closely coordinated with the CRA's Corridor
Development Concept Plan and other CRA planning efforts.
Page 8
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Collier County Community Redevelopment Agenry
13qyshore Cultura! Distnd j\Teedl' ASJessment - Final Alemorandum Report
AA1S Plal1nin~~ i'" ReJearch
February 2008
. A specific study of the individual artist market demand for live, live-work, and
studio-exhibit space should be undertaken to further quantify, and provide
development parameters, for future artist space projects.
. A Marketing and Promotion Plan for the District, covering programming, special
events, materials, and other components should be developed based on primary
market research with potential audience and visitor segments. The plan should
include partnerships and cooperative opportunities as well as "branding" approaches
such as through brochures, advertising, logo design, public relations, web sites, and
so forth.
. Consideration should be given in the future for a management entity and a stable
funding source to provide for continued research, planning, and implementation of
the District.
The proposed boundaries of the Bayshore Cultural District are found on the following page.
Page 9
14A
tiii\
Collier County Community Redevelopment Ageni]'
Bqysbore Cui/ural Distnd Needs AJ'JeJJment - Final Alemorandum Report
h\15 Planning C'7' Research
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14A
BAYSHORE CULTURAL DISTRICT
LETTERS OF SUPPORT
14A
, '
BAYSHORE CULTURAL ARTS QUESTlONAIRE RESPONSES
'Erich Kunzel (Internationally Recognized Conductor, Recording Artist and Bayshore Resident)
'Cincinnati Symphony Orchestra (Janell Weinstock, Manager)
'Opera Naples (Steffanie Pearce, Founding Director)
'Naples Opefil Society (Dr. Ron Bowman, V.Pres. of Student Development/Dean of Students, Hodges
University)
'Naples Concert Band (Frank Burgeson, President)
*Naples Music Club (Frank Burgeson, Immediate Past President)
*Naples Orchestra and Chorus (Marcia Reff, President)
*Paradise Coastmen Barbershop Chorus (Dick Percy, President
'The Bach Ensemble (Dr. Ron Doiron, Conductor/ Artistic Director)
*William Noll (Nationally Recognized Concert Pianist, Jazz Musician and Conductor)
'TheatreZone (Mark Danni, Artistic Director)
*Gulfshore Playhouse (Krystin Coury, Producing Artistic Director)
'Pelican Players (John Lanham, Founder and Producer)
*Bob Zottola & The Expandable Jazz Band (Bob Zottola, Director)
*Stuart Shelton Jazz Trio and Recording Studio (Stuart Shelton, Jazz Pianist)
'Erickson/Kraichy Duo (Ron Erickson, Violinist)
* Frank Smith, Guitarist/Recording Artist
'Right Brain Music (Lee Silvan, Professor of Music
'Neapolitan Baroque (Wendy Williams, Director, Educator, and Flutist)
*Seaside Strings (Vivien Aiello, Violinist/ Director)
'All Seasons Chamber Players (Diane Yeadon, Violinist and Teacher)
14A
Dear Commissioners,
My name is Chellie Doepke. I serve on the Board of Directors of Bayshore Cultural
Arts, Naples Bay Corridor Alliance, and Co Chair the Collier County Advisory
Committee for a School for Creative and Performing Arts. I am a professional
flutist and realtor.
I am here today to elaborate on the needs of a blighted, underserved
community, referred to as Bayshore, and to ask for your support for the
proposed Cultural District designation. The CRA was formed to redevelop the
Bayshore/ Gateway Triangle, and their advisory board's proposal is a major step
in addressing this issue. Bayshore is a community with no continuity....very few
businesses and opportunities for entertainment and cultural enrichment, and
certainly not a "walking" community.
Naples Botanical Garden, The Bayshore Coffee Company and The Real Macaw are
the shining stars of Bayshore, They attract residents, visitors, visual and
performing artists, but the area needs more businesses and activity to make it a
viable place to live, work and play.
As a professional musician, I am acutely aware that there is an established need
for affordable, accessible venues, as shown in the needs assessment and the
letters I bring to you today. There is overwhelming support from community
organizations that include the Naples Concert Band, Paradise Coastmen
Barbershop Chorus, The Bach Ensemble, TheatreZone, Gulfshore Playhouse,
Naples Opera Society, Opera Naples, Naples Music Club, Bob Zottola and the
Expandable Jazz Band, several jazz/pop recording artists and chamber musicians.
Local well respected visual artists have also responded, including Inez Hudson and
Paul Arsenault. We have interest expressed from notable educators, Dr. Ron
Bowman(Hodges University), Marilyn Von Seggern (former Supervisor of Music
for Miami/Dade County Schools and co chair of the Performing Arts School
Advisory Committee of Collier County Schools), Linda Cummings(Fine Arts
Coordinator for Collier County Schools) and Lee Sylvan(professor of music and
founder of Right Brain Music). Internationally recognized conductors and local
residents, Erich Kunzel and William Noll, are actively supporting the efforts to
14A
create the Bayshore Cultural District, and the Cincinnati Symphony Orchestral
Cincinnati Pops has expressed interest in a short term residency here. The
community needs affordable and accessible cultural opportunities as much as the
visual and performing artists need venues for exhibition and performance. These
needs can be addressed best in a formally designated cultural district, which
enhances the image of the community, and for marketing purposes, will help
create an environment that is attractive to businesses, visual, and performing
artists. As a realtor, I can tell you that the image of Bayshore (formerly Kelly Road)
has been a real deterrent. Making Bayshore a successful Cultural District will be
a welcome mat for residents, future residents and visitors alike. Thank you for
your attention.
Sincerely,
Chellie Doepke
Board of Directors, Bayshore Cultural Arts and Naples Bay Cultural Alliance
Co-Chair of the Collier County Creative and Performing Arts School Advisory Board
8801 Zurigo Ln.
Naples, FI. 34114
239-530-7121
14A
chellie
From:
Sent:
To:
SteffPearce@aol.com
Monday, March 10, 2008 1:57 PM
DonnaFiala@colliergov.net; T omHenning@colliergov.net;
F redCoyle@colliergov.net; F rankHalas@colliergov.net;
J imColetta@colliergov.net
chelliedoepke@comcast.net
Bayshore Cultural district
Cc:
Subject:
Dear Commisioners,
I, Steffanie Pearce, General/Artistic Director of Opera Naples, am writting to show my support of the proposed cultural
district in the Bayshore neighborhood. Bayshore reminds me of areas in many cities that were once blighted and then
became hip, artsy "SOHO" type neighborhoods because some urban pioneers started an arts facility.
Opera Naples is presently rehearsing in a church and performing at a highschool because there is no Civic Center in
Naples. Many other performing organizations are in the same situation. This neigborhood and all of Collier County could
benefit from a performing and visual arts center that welcomes and nurtures local artistsic talent.
Sincerely,
Steffanie Pearce
It's Tax Time! Get tiPS. forms and advice on AOL Money & Finance.
1
14A
~'rn~trict SchOOl III
.. . il
~ T a.
~
"". ,c-,
Collier Cou"
LEARNING SUPPORT SERVICES
5775 Osceola Trail
Naples, Florida 34109-0919
(239) 377-0087
(239) 377-0548 (FAX)
March 10, 2008
To: CRA Advisory Board
Fr: Linda Cummings, Fine Arts Coordinator
Collier County Public Schools
Re: Bayshore Cultural District
It is exciting to hear about the plans for the Bayshore area. The proposed cultural district will
provide arts opportunities not only for the Naples community but will also provide opportunities
for the students to further study the arts. The enrichment programs proposed for the students in
Collier County include the study of theater, music and visual art. The Naples Opera Company
currently offers limited enrichment opportunities to the students by visiting the various classrooms
and talking as well as demonstrating what opera is about. By having a location where some of
these enrichment activities could be held would increase the opportunities for students in the
Bayshore area to participate in various activities held either after school or during the school day.
This is a wonderful opportunity to further enrich the students' lives through the arts.
COLUER COUNTY CHARACTER EDUCA lION TRAITS
Citizenship Cooperation Honesty Kindness Patriotism Perserverance
Respect Responsibility Self-Control Tolerance
THE COLLIER COUNTY PUBLIC SCHOOL SYSTEM IS AN EQUAL OPPORTUNITY INSTITUTION FOR EDUCATION AND EMPLOYMENT
14A
chellie
Subject:
Bill & Marilyn VonSeggern [wmvonseggern@comcast.net]
Sunday, March 09, 2008 2:53 PM
F rankHalas@colliergov.net; JimColetta@colliergov.net;
F redCoyle@colliergov.net; DonnaFiala@colliergov.net;
T omHenning@colliergov.net
Cultural District Designation
From:
Sent:
To:
Dear Commissioners:
As you consider the recommendations for the Bayshore Gateway Triangle eRA I would encourage you to support a Cultural District Designation as
proposed by the Advisory Board. Not only would such a district support economic development but it would provide a much needed arts venue for
the use ofthe community. All types of collaborations are possible as well as activities that can enrich the lives ofeallier citizens. Most importantly,
this project will provide access to the arts to a larger segment of the community who are currently underserved. Thank you for your support for this
effort.
Marilyn V onSeggem
Co-Chair, Citizens Advisory Committee for a Perfonning Arts School in Collier County
Supervisor of Music, Miami-Dade County Schools, Retired
1
14A
chellie
Cc:
Subject:
Lee Silvan [Isilvan@comcast.net]
Wednesday, February 27, 2008 8:44 PM
DonnaFiala@colliergov.net; FredCoyle@colliergov.net; FrankHalas@colliergov.net;
JimColetta@colliergov.net; TomHenning@colliergov.net
chellie
Arts & Music Are Vital In CRA Planning
From:
Sent:
To:
MYSTATEMENT...
Arts & Music Education Are Vital In eRA Planning
I am a resident, tax payer, and registered voter in Collier County, Florida.
People move to, invest in, and thrive in communities where they are happy. And, happiness is always a component
of social groups with a rich cultural life that includes the arts.
In laying the groundwork for the re-development of Bayshore the committee has an opportunity to incorporate art
and music education as a fundamental element of the community's everyday life. In my mind's eye, I see a
community that includes establishments that offer broad opportunities for music, dance, creative writing, and all of
the graphic arts as well as theatre. With current decreases in funding for arts education in the schools, it is also
vitally important that teaching facilities for education in the arts are also part of the community's structural fabric.
My personal opinion is that this can be most effectively achieved through tax and licensing incentives to the private
sector to establish the following establishments...
A) Art Galleries that include studio spaces for drawing and painting instruction.
B) Music Stores that contain teaching studios, recital halls, and rehearsal spaces.
C) Small theatrical establishments that also offer drama and dance instruction.
D) Photo Galleries with facilities for instructing students in camera arts.
E) Classroom spaces for conferences, classes, and community meetings.
Through the creative use of appropriate incentives, municipal government can encourage businesses to incorporate
education and production into their operations thereby serving the educational needs of the community while
growing their own local customer bases.
Thank You
Lee Silvan, Composer, Professor, Curriculum Developer
Community College of Philadelphia
1
14A
chellie
From:
Sent:
To:
chellie [chelliedoepke@comcast.net]
Monday, March 10, 2008 10:00 PM
'frankhalas@colliergov.net'; 'fredcoyle@colliergov.net';
'jimcoletta@colliergov.net'; 'donnafiala@colliergov.net';
'tomhenning@colliergov.net'
'chelliedoepke@comcast.net'
Bayshore Cultural District
Cc:
Subject:
-----Original Message-----
From: janell Weinstock [mailto:JWeinstock@cincinnatisymphony.org]
Sent: Sunday, September 30, 20078:30 PM
To: chelliedoepke@comcast.net
Subject: RE: Bayshore Cultural Arts Center(Naples)
Dear Chell ie,
The Cincinnati Symphony Orchestra would be very interested in performing
in Naples and this new venue sounds like it could be perfect. The CSO
would be very eager to talk about a residency that would include educational outreach as well as formal
concerts. The CSO is a I oo-member symphony orchestra and requires a standard stage and lighting in order
to perform.
Please let us know if there is any more support we can offer for this project at this time.
Sincerely,
janell
janell Weinstock
General Manager
Cincinnati Symphony Orchestra
Cincinnati Pops Orchestra
Cincinnati May Festival
1
I I \ I 1\ 'd
T I.. q:]W)~: 'ill i
,j/Or"--'
"
14A
if I 'T Il
\ ,,:
',I !;! I
15 .June 211117
\h. Elaine lIamilton
I nited .\rts Council
2335 9'h Street "orth
"aples, Florida 3'" 03
Dear' \Is. lIamilton:
I am writin~ this letter in sUPllort of the Ba~shore Cultural Arts effort to
realize a ('ultural and Perf()rmin~ Arts ('enter on the 17 acre site recentl~
purchased b~ the Ba~shore/<;atewa~ Rede\dopment Agenc~. I am a resident
of Bayshore, and have witnessed the progress made in regard to the beautifi-
cation, safet~, and attraction of businesses, \ isual and perftlrmin~ artists in
the area. It is impt'essi\e to see the Ba~shore Cull ural .\rts or~anization
w ot'kin~ in tandem with the Ba~shore .\lIiancl' (husilH'sses and residents) ami
the ('RA. Ha\in~ l'onducted cxtensinl~ all o\CI" the world, I can appreciate
w hat the cultural arts can do for communities. Ihis is a onl'C-in-a-lifetime
ollportunity to create an entertainment anti cultut'al center that supports
community activities, cultural ennts, \isual anti performin~ artists, jazz
dubs, restaurants, shops, studios....all within a 17 aUl' "\iIIa~e" l'oncept. It
coultllt"tlh make Bayshon> a 'Destination of(hoice'. a plal'e to lin, work,
and pla~.
Ba~'shore has been a bli~hted anti undersened (:ommunit~. for' years. The
de\elopment of a Cultural and Ped'onl1in~ Arts (enter in tll(' middle of the
(proposed) Ba~shore ( ultural District will attt'act nWt'e husinesses, t'esidents,
and visitors. I'erformin~ and \isual artists w ill he encoura~ed to li\e in the
area, creatin~ a \ ihrant communit~. local theater', \ ol'al and instrumental
music ensemhles, all need a venue in which to Ill'rform; the l'ommunit~ has a
need for affordahle qualit~ entertainment and l'ultural enrichment. With
~ our support and the dedil'ation, hard work, exper.tise and cxllerienl'e of the
three ot'ganizations in\ohed, we can make the vision of a ( ultural and
PCl"formin~\rts Center (<ampus) a reality. I am Ilersonall~ willing and
!if 1\ \\
'1" ;,\
14A
ready to work hard to make this dream come true.
T~ank you so \'Cry much for your kind attention.
" Ith warmest wishes,
Yours sincereh'
~- ,
,"....--..-..--::-, .,.---
. ..->
~~~'~
/
c.___ "'-~
------~--_.-
----~
Frich Kun:t.el
cc: David .Jackson
Bayshore/Cateway Trian!!;le CR\
Sondra Quinn and Chellie Doepke
Bay'shore Cultural Arts
,'..-.-"--.
,/--\
" )
....-/ ~--ee..
;;J+-~ i~~ ~ /./~~ ~~..-
);LR. ~/~ ~ ~ ~ J/~/ r /G.. ~,,'-&L
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C~ ~J0,~/
":;::0::"._ c--:~_::_;::':_----~
L t..JL?
"---""J
chellie
14A
From:
Sent:
To:
Cc:
Subject:
Joe Cox [jcox@cmon.org]
Tuesday, March 04, 20085:12 PM
DonnaFiala@colliergov.net
chelliedoepke@comcast.net
Bayshore Cultural District designation
Dear Commissioner Fiala,
A couple of years ago you and I met to discuss the Bayshore community and, on your recommendation I bought a
condominium in Botanical Place.
When we met, we discussed the opportunity for Bayshore to thrive as a cultural community with galleries, restaurants
and venues mixed in with homes. Since that time I have been very impressed with the work of the organizations
working to improve the Bayshore area including the CRA Advisory Board and Bayshore Cultural Arts. To keep this
momentum moving forward I strongly support the Bayshore Cultural District designation and would ask that you
support this initiative at the March 11'h Commissioners meeting,
Best regards,
Joe Cox
Executive Director
Children's Museum of Naples
PO Box 2423
Naples, FL 34106
Tel: 239.784.1879
www.cmon.org
"The mission ofthe Children's Museum of Naples is to provide an exciting, inspiring environment where children and their families play, learn and
dream together"
1
14A
chellie
From:
Sent:
To:
Cc:
Subject:
Robert Harden [bobharden@hotmail.com]
Wednesday, March 05, 200810:41 AM
Frank Halas; donnafiala@colliergov.net
chelliedoepke@comcast.net
Bayshore Cultural District
Hi, Frank & Donna,
I wanted to express my support for the proposed cultural district in Bayshore. As a Collier County resident, I would value
the proposed cultural district as a destination for cultural appreciation.
A well-conceived cultural district would be a terrific addition to Collier County.
Thanks for your consideration
Bob Harden
8787 Bay Colony Drive
Naples, Fl., 34108
Need to know the score, the latest news, or you need your Hotmail@-get your "fix". Check it out.
1
141-.
chellie
Cc:
Subject:
inezhudson@comcast.net
Friday, February 29,200812:31 PM
frankhalas@colliergov.net; tomhenning@colliergov.net; donnafiala@colliergov.net;
fredcoyle@colliergov.net; jimcoletta@colliergov.net
chelliedoepke@comcast.net
Bayshore Cultural District
From:
Sent:
To:
Dear Commissioners:
Thanks to the efforts of many in the community, it is my understanding that you are all reviewing the prospects
of creating a cultural district in the Bayshore area of our wonderful city. How exciting! As a working artist, I
would like to voice my support in this regard.
I have been a resident of Naples for 4 1/2 years, and previously, a 3 year resident of Marco Island. I am a
member of the von Liebig Naples Art Association, Naples Artcrafters, Art League of Bonita Springs, and the
Art League - Marco Island Center for the Arts, where I serve on the Board of Directors, Marco Island
Foundation for the Arts, and Bayshore Arts. I work in oil, acrylic, and watercolor, creating fine representational
art, as well as creating murals, and have created a cartoon map of Marco Island, for the M I Sun Times two
consecutive years.
One of the needs I see in this community is for a facility where the general public, not just the wealthy, can go
to learn about art and how to create it. I participate in the "Paint the Town Red" day for the public schools and
see the fascination of the children and the lack of knowledge they have pertaining to art. Schools are so bogged
down with paperwork that the time available for art is extremely limited. If there were to be a cultural center,
with an actual building that could offer classes for everyone interested, child or adult, 1 believe you will find the
draw to the city would be tremendous. The Naples Art Association is a marvelous place, but not everyone can
afford to attend classes in that facility.
Another difficulty that visual artists have is finding venues for displaying their work, as well as a place to create
it. For example, I have taken over the formal dining room of my home for use as my studio. Storage is another
huge problem. Studio/gallery space that could be included as a part of this "Center" would be a marvelous
draw for local artists.
I participated in the ''Third on Canvas" wet paint event for the Naples Art Assoc. last week. In this event, 35
artists painted in various locations around the Third Street South and Pier locations. What a tremendous
response from the public!!! That event brought people to the shops, restaurants, and galleries in the area. The
town was buzzin'!!!
This is just one of many ways that visual artists help to stimulate a city's economy.
Thank you for your consideration of a Bayshore Cultural District, and, on behalf of all local artists, we hope our
wish comes true!!!
Sincerely,
Inez Hudson
18528 Royal Hammock Blvd.
Naples, FL 34114
1
14A
chellie
From:
Sent:
To:
Cc:
Subject:
dollfin85@comcast.net
Monday, March 10, 2008 1:57 PM
T omHenning@colliergov.net
chelliedoepke@comcast.net
Bayshore Cultural District designation
Dear Commissioner Henning,
I am writing to encourage you to vote in support of the Bayshore Cultural District designation at tomorrow's
Commission meeting Having such a designation will enrich the lives of the citizens of our county, and
particularly of the re-emerging Bayshore area.
Thank you for your consideration,
Paul Arsenault
1
14A
chellie
From:
Sent:
To:
Cc:
Subject:
dollfin85@comcast.net
Monday, March 10, 2008 1 :54 PM
F redCoyle@colliergov.net
chelliedoepke@comcast.net
Bayshore Cultural District designation
Dear Commsioner Coyle,
I am writing to encourage you to vote in support of the Bayshore Cultural District designation at tomorrow's
Commission meeting Having such a designation will enrich the lives of the citizens of our county, and
particularly of the re-emerging Bayshore area
Thank you for your consideration,
Paul Arsenault
1
14A
chellie
From:
Sent:
To:
Cc:
Subject:
dollfin85@comcast.net
Monday, March 10, 2008 1 :58 PM
JimColetta@colliergov.net
chelliedoepke@comcast.net
Bayshore Cultural District designation
Dear Commissioner Coletta,
I am writing to encourage you to vote in support of the Bayshore Cultural District designation at tomorrow's
Commission meeting Having such a designation will enrich the lives of the citizens of our county, and
particularly of the re-emerging Bayshore area.
Thank you for your consideration,
Paul Arsenault
1
14A
chellie
From:
Sent:
To:
Subject:
ran erickson [violin1@operamail.com]
Thursday, March 06, 20086:38 AM
chellie
support letter
Dear Collier Commissioners:
This is my statement of support for the Bayshore Cultural Arts district proposal, to be considered at the public
hearing on March II.
I am an active classical musician with ten years' residency in SW Florida. My observation is that the area needs a
publically-designated space for promotion of the performing arts that can supplement the private venues of
such organizations as the Naples Philharmonic Center. Such recognition by the government would encourage
development of non-affiliated artists and enrich the cultural profile of the community. I have visited the
designated space proposed by the BCA and agree that it would be a fortunate use for that underdeveloped
area.
Ron Erickson
ronerick(cVearthlink.net
1
14A
chellie
From:
Sent:
To:
Subject:
Gary Gibbons [ggibs@embarqmail.com]
Wednesday, March 05, 2008 10:30 AM
chelliedoepke@comcast.net
"SPAM- Proposed Cultural District
Chellie,
I am a member of the Paradise Coastmen Barbershop Chorus and the representative to the United Arts Council of Collier
County .
I also completed and submitted the survey that was previously requested.
Please add me to your e-mail address book .g_cr!)s:~~i-tdJan}Dlsill:.:-=--.9m.
My phone numbers are (239) 596-4649 and (320) 761-8151 (cell) and my mailing address is 6922 Satin Leaf Rd. N. #
102, Naples, FL 34109.
Currently my schedule will allow me to attend the County Commissioners meeting on Tuesday, March 11.
Gary Gibbons
E-mail message checked by Internet Security (5.5.0.204)
Database version: 5.09350
ilJ:j:g:Li1V WVJ , g':;l;!iQDi.conlLi n temet-secu rity I
TURN IT OFF: WINNERS
14A
School Name Winner
Avalon Elementary N/A
Big Cypress Elementary Hannah Seitz
Corkscrew Elementary Sara Deprisco
Calusa Park Elementary N/A
Estates Elementary Selena Salazar
Everglades Trevyr Daniels
Golden Gate Elementary Leonardo "Junior" Chapa
Golden Terrace Elementary Terrell Denson
Highlands Elementary N/A
Immokalee Community School N/A
Lake Park Elementary N/A
Lake Trafford Elementary N/A
Laurel Oak Elementary Leah Berning
Lely Elementary Elli Greenfield
Manatee Elementary Leslie Flores
Naples Park Elementary N/A
Osceola Elementary N/A
Parks ide Elementary Karina Lopez
Pelican Marsh Elementary Gwen Swanson
Pinecrest Elementary N/A
Poinciana Elementary Areli Ramirez
Sea Gate Elementary Sydney Harrington
Shadowlawn Elementary N/A
Sabal Palm Elementary John Andrus
Tommie Barfield Elementary Riley McGuire
Veteran's Memorial Elementary N/A
Village Oaks Elementary N/A
Vineyards Elementary Morgan Sutherland
3~ /f~O 'S
50
15 A m <pI(
re_d t!=~,,!,::t !~6 @)
(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
March 11, 2008
Ms. Nicole Gibson
Florida Housing Finance Corporation
227 North Bronough Street, Suite 5000
Tallahassee, FL 3230 I
Re: Collier County Fountain Lakes CWHIP Project
Dear Ms. Gibson:
In the 2007 CWHIP Scoring Report, the Florida Housing Finance Corporation (FHFC) requested
updated documentation related to the department of Community Affairs (DCA) Notice of Intent
dated January 29, 2008.
The Notice indicated that "Any affected person, as defined in Section 163.3184, F.S. has a right
to petition for an administrative hearing to challenge the proposed agency determination that the
Amendment to the Collier County Comprehensive Plan is in compliance, as defined in
Subsection 163.3184( 1), F.S. The petition must be filed within twenty-one (21) days after
publication of this notice pursuant to Section 163.3184(9)(a), F.S., and must include all of the
information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be
filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard,
Tallahassee, Florida 32399-2100, and a copy mailed or delivered to the local government."
Pursuant to our communications with DCA, no appeals or petitions for administrative hearings to
challenge were received by the DCA within the 21 day period.
Should you have any questions, please contact me.
2
Tom Henning, Chai n
Commissioner, District 3
TH:sf
-~--~-'-'" ,,-~---,-"".""~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP1i ~;
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO db ~}>
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand deliven:d to the Board OJlice. 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 information needed. If the document is already complete with the
exee tion of the Chairman's si nature, draw a line thrall 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 routin order
(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. Primal)' 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 BeC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
1.
2.
jJ"", '
'i.
3)'3}l>~
x
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
It...
\
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6. Minutes and Records
Clerk of Court's Office
j{(
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N/A is not
an option for
line 6,
PRIMARY CONTACT INFORMATION
Phone Numher
Agenda Item Number
Numbcr of Original
Documents Attached
I: Formsl County Formsl Bee Forms! Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.2.4.05
,o,..i ~-SS
L
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark >ON/A" in the Not Applicahle 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 fuily 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 I the BCC Chairman and the Clerk to the Board
The Chairman's signature line dale has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Ii cable .
"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 iu the BCC office within 24 hours of BeC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines~
The document was approved by the BCC on 3 \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.
2.
3.
4.
5.
6.
16 A 4
RESOLUTION NO. 08-22-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN BRADFORD
LAKES, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 41, PAGES 12
THROUGH 13; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
BRADFORD LAKES HOMEOWNERS'
ASSOCIATION, INC.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
April 13, 2004 approved the plat of Bradford Lakes 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 and Environmental Services Section of the
Community Development 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 Bradford Lakes, pursuant to the
plat thereof recorded in Plat Book 41, pages 12 through 13, 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 Bradford Lakes
Homeowners' Association, Inc.
This Resolution adopted after motion, second and majority vote favoring same,
this \\ ,I'l day of MQrc.h ,2008.
f)' . ,
~tt~~ u t~~ I
. i ,ift.stl<N 0<< f... / . .' .
vI., _'"
DATE:
,; ~
A TTESTr" ' . .
WIGHT E. BRUCK:.cLERK
~' ;.
"
"
BOARD OF COUNTY COMMISSIONERS
::LUER L' FLOIDOA .
TOM HENNING, CHAIRMAN
Approved as to form and legal
sufficiency:
(;'
. Wright
ant Collier County Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
PrinL 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
exee tion of the Chaimlan's si ature, draw a line throu h routin lines #1 thrall h #4, com Jete the checklist, and fOlWard to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
311'3 Dr
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
information. AI( original documents needing the BCe Chainnan 's signature are to be delivered to the BCC office only after the BeC has acted to approve the
item.
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
x~ 1: ~ 1-
lla' it.
(
N/A(Not
A licable)
6. Minutes and Records
Clerk of Court's Office
~
./
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-l
gf
N/A is not
an option for
line 6.
I: Forms/ County Formsl Bce 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
A roved b the BCC
Type of Document
Attached
Number of Original
Documents Attached
Phone Number
Agenda Item Number
I.- T \ D1J. 1.>>1:/( ~ 5 (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 Bec
Chairman and Clerk to the Board and ossibl State Officiais,)
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 approvai 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 rc uired.
In most cases (some contracts are an exception), the anginal document and this routing slip
shouid be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines~
The document was approved by the BCe on II 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 chao es, if a licable.
2,
3,
4.
5,
6,
'6' "
',1 '~
.j. M
.)
56
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 COTTON
GREEN, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 31, PAGES 48
THROUGH 49; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY GULF
BAY 100, LTD.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
January 26, 1999 approved the plat of Cotton Green 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 and Environmental 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 Cotton Green, pursuant to the
plat thereof recorded in Plat Book 31, pages 48 through 49, 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 Gulf Bay 100, Ltd.
This Resolution adopted after motion, second and majority vote favoring same,
this \ \ 0\1'1 day of '/V\ A,cc. h , 2008.
DATE: "
ATTEST: . ,
DWIGHT E: BROC - CLERK
8~',
D
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Attnt It' te.,c-t
'SiGI1~tui'~ ~1n.. ;;;L',\'~'
.../
By:
Clerk
ORIGINAL DOCUMENTS CHECKLIST & ROUTING s,IrP A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TtJ. 0 6
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 .l!ltt the Bourd 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
'I
exceotion of the Chairman's sianature draw a line throul'!'1 routina lines # 1 throu~h #4, comnlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
lList in routine order)
1. Michelle Arnold Code Enforcement tJfJl
'?'/'I. ef>
2. Judy Puig CDES Q7 al '~\Of
3. Sue Filson, Executive Manager Board of County Commissioners L '
4.
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
information. All original documents needing the ace 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 Bendisa Marku Phone Number 213-5892
Contact
Agenda Date Item was t\o. fefl, \\ .;)oog Agenda Item Number 1Mb
APJ)I'Oved by the BCC
Type of Document Executive Summary Number of Original I
Attached Release & Satisfaction of Lien Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is
a . Ie.
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
Chairman and Clerk to the Board and ossibl State O!!!!'ials.) __
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BeC Chairman and the Clerk to the Board
The Chainnan's signature line date has been entered as the date ofBCC approval of the
document or the final ne otlated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's BM
si ature and initials are r uired.
In most cases (some contracts are an exception), the original document and this routing slip BM
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!
Tbe document was approved by tbe BCC on II (enter date) and all cbanges
made during tbe meeting bave been incorporated n tbe attacbed document. The ().o
Coun Attorne 's Offiee has reviewed tbe cban 05, if a IIcable. 1)\)
2.
N/A
3.
N/A
4.
5.
6.
t Forms! County Forms! Bee Fonnsl Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2~24.05
16A6 ff1
EXECUTIVE SUMMARY
Recommendation to accept a Proposed Settlement Agreement providing for Compromise and
Release of Lien in the Code Enforcement Action entitled Collier County v. Ronald Freeman, CEB
Case No. 2005-26
OBJECTIVE: That the Board of County Commissioners accept the proposed settlement agreement with
Ronald Freeman, which provides for compromise of the code enforcement lien amounts, in the Code
Enforcement Board action entitled Collier County v. Ronald Freeman. CEB Case No. 2005-26.
CONSIDERATIONS: On June 23, 2005, the Code Enforcement Board (CEB) issued an Order
(hereinafter "Compliance Order") finding Respondent, Ronald Freeman, in violation of portions of Collier
County Housing Code and Building Administrative Code due to damaged electrical systems connecting to
the mobile home in the Caribbean Mobile Home Park. In the Compliance Order. the CEB ordered the
Respondent to immediately secure all unsafe premises/structures and follow procedures to obtain electrical
permits, inspections and a certificate of completion to correct the deficient electrical services by December
20,2005 or a fine of$250 per day would be imposed until the CO is obtained.
On January 26, 2006, the Code Enforcement Board imposed fines in the amount of $8,146.26 which
included $396.26 for operational costs, and $7,750 in fines for failure to timely obtain all electrical permits
and CO (31 days late). Fines continued to accrue for an additional 59 days at a rate of $250 totaling
additional fines in the amount $14,750 for a total lien amount of $22,896.26. The property came into
compliance on March 20, 2006.
Mr. Freeman hired a contractor to complete the electrical work in the park but the work was delayed due to
hurricanes in 2005 and the fact that the project required coordination with Florida Power & Light (FP&L)
whose time was diverted to address more urgent electrical issues that resulted in the community due to the
hurricanes. The bulk of the permits were obtained and all but 2 received CO's by January 2006. The
property owners did what they could to come into compliance with the Compliance Order.
GROWTH MANAGEMENT IMPACT:
None.
FISCAL IMPACT: The Respondent has paid $4,271.26 to a show good faith commitment to this
agreement, which has been deposited into the "Code Enforcement Board Fines" Revenue Account MSTD
General Fund III. If this Agreement is approved by the Board, the remaining fines in the amount of
$18,625 will be forgiven.
LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no
outstanding legal considerations.
RECOMMENDATION: That the Board of County Commissioners accept the proposed settlement
agreement and authorize the Chairman to sign the attached Release and Satisfaction of Lien.
PREPARED BY: Michelle Edwards Arnold
Code Enforcement Director
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
*** 4139392 OR: 4338 PG: 3096 ***
RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL
03/14/1008 at 08:06AN DWIGHT E. BROCK. CLBRK
REC FEE 10.00
coms 1.00
Retn:
CLBRK TO THE BOARD
INTEROFFICE 4TH FLOOR
BIT 1140
16A6
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order dated January 31, 2006, a certified copy of which was recorded on February 20,
2006, in O.R. Book 3985, Pages 0741-0742, of the Public Records of Collier County,
Florida, against the following described real property, and all other real and personal
property located in Collier County, owned by Ronald Freeman, has been discharged in
full:
Ronald Freeman
Caribbean Mobile Home Park
13580 Tamiami Trail N.
Naples, Florida
Folio No. .
Payment:
Reference:
00153360008
$4,271.26
CEB Case No. 2005-26
The undersigned is authorized to and does hereby release this lien as to the
whole of the above-described real property, and all other real and personal
property owned by Ronald Freeman, and consents to this lien being discharged of
record.
Dated this II~" day of MoreA-.
,2008.
ATTEST: .
DWIGHT E. BROCK,:(::lerk
B'~~ cI~o
Attest ., to 0141 rtIolll eputy Clerk
Sl(lMtUf'1! Clld.:. 'L +'::
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By ~ t~
T M'IN ,CHA
Approved as to form and
legal ufficiency:
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board 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, andlor information needed. Iflhe document is already complete with the
exee lion of the Chairman's si ature, draw a line throu h routin lines # 1 throu h #4, com lete the checklist, and forward to Sue Filson tine #5).
Route to Addressee(s) Office Initials Date
{List in routin order
1.
31r~ Or
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 oflhe 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 fix additional or missing
infonnation. AlJ original documents needing the Bee Chainnan 's signature are to be delivered to the BCe office only after the BCe has acted to approve the
item.)
Name of Primary Staff Phonc Numbcr
Contact . \\.~N l4-o"l~::'v>o<;u;t-\ -,:CH1-
Agenda Date Item was ...\ "~o'1,. Agenda ttem Number 1(.' A- +-
Approved by the BCC
Type of Document ~7>t......r'lC"'\ '7-~'1/S1 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 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 inciudes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from 4. ~
contracts, agreements, etc. that have heen fully executed by aIi parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce I the BCC Chairman and the Clerk to the Board
The Chairman's signature line dale has been entered as the date ofBCC approval of the , I
document or the final ne otiated contract date whichever is a Iicable. \4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 1 \
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 m the BeC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the Bee on l\ 0 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The (Zfl
Count Attorne 's Office has reviewed the chao es, if a licable. ]V
N/A is not
an option for
line 6,
N/A(Not
A licable)
2.
..--
3,
4,
5,
6.
J: Forms/ County Forms/ BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16A 7
RESOLUTION NO. 08- 57
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERT AIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN GREY OAKS
UNIT ELEVEN, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 28,
PAGES 45 THROUGH 46; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
GREY OAKS PROPERTY OWNER'S
ASSOCIATlON,INC.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
May 13, 1997 approved the plat of Grey Oaks Unit Eleven 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 Eleven,
pursuant to the plat thereof recorded in Plat Book 28, pages 45 through 46, 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 Property Owner's
Association, Inc.
This Resolution adopted after motion, second and majority vote favoring same,
this ~ day of Mo.{C.h ,2008.
"\ . -':'1- r
DATE:'" "'{',",'
ATTESn"- . ' ,
DWromE: SIWCK, CLERK
~' ~.~
t', ...... .,- - ."
~.~' "';i, ,'.
.1 ", .; .L'.. " '
Attest It "~,",,,-, ~ ,,\?e'pt lerk
sllltl4~""'. (HI1, , , , '
Approved as to form and legal
sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.
Je right
As . tant Collier County Attorney
168 3
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 S!Hlllld be h,ltlu delivered to [11(' Board onlc~. cnH: completed routing slip and original
documents arc to he f'or",.',lflled to the BnMu Office only afttr the Board hilS taken :1c\I(,n nn Ihe 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 shmature, draw a line throUQh routin!! Iilles #1 Ihrou"h #4, comlllete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3. r
4. Colleen M. Greene Assistant County Atlorfifi\tl CMG 03/14/12008
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 :lpprovaL 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 arc 10 be delivered to the HCe office only after the Bee has acted to
approve the item.)
Name of Primary Rhonda Cummings, CPPB, Contract Specialist Phone Number 252-8941
Staff Contact
Agenda Date Item was March 11, 2008 Agenda Item 16.B.3
Approved by the BCC Number
Type of Document Contract #08-5017 "Countrywide Exotic Vegetation Number of Original Five (5)
Attached Removal" Contractor: Environmental Aquatic Control. Documents
Inc. Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
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 Bee
Chairman and Clerk to the Board and possibiv State Officiais,)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG
Office and ali other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as lhe date of Bee approval of the CMG
document or the final negotiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip CMG
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on March 11. 2008 (enter date) and all CMG
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the chanees, if applicable.
I: Formsl County Formsl BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
168
31
ITEM NO.:
DATE RECEIVED:
FILE NO.:
ROUTED TO:
O'?!-PRC. -6oC((P r
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Il. D<6
'3,\"1 rr
rY: (}UV
~G'
f
Date: March 11, 2008
To:
Office of the County Attorn~y #;" A' t.I... ~A
Attention: Roo~,llw;nary ~ ~
From:
Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 8941
~
c-;
~ r-.... "~:)
.-:\'. ....;<"5(""\
~'t: ~S,:)2,
',~~) :..c~,,{\;
-
\"...)
.,,-'"
:.:~:..
~'()
_,\-'n
q.3
-....j I
:;<. fC\
-.',,\
,..'.(,
Re:
Contract: #08-5017 "Countywide Exotic Vegetation Rernoval"
Contractor: Environmental Aquatic Control, Inc.
'i:.?
.,t.-;
c,)
BACKGROUND OF REQUEST:
This contract was approved by the BCC on March 11, 2008; Agenda
Itern 16.B.3
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, this is a standard contract with no changes. Plea.~eforward to
BCC for signature after approval. If there are any questions concerning the
document, please contact me. Purchasing would appreciatl:l notification when
the documents exit your office. Thank you. wu-! 6).".'
J/lJ(iJr-02~t-~r~
C: Margaret Bishop, Stormwater
168 3
MEMORANDUM
TO: Jeff Walker
Risk Management Department
FROM: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department
cL
DATE: March 11, 2008
RE: Review of Insurance for Contract: #08-5017 "Countywide Exotic
Vegetation Removal"
Contractor: Environmental Aquatic Control, Inc.
This Contract was approved by the BCC on March 11, 2008; Agenda Item
16.B.3
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 .
S;/~ r
dod/RC
C: Margaret Bishop, Stormwater
168 3
A G R E E MEN T 08-5017
for
Countywide Exotic Vegetation Removal
THIS AGREEMENT, made and entered into on this ; [1-11. day of tVla.~ I 2008, by and
between Environmental Aquatic Control, Inc. authorized to do business in the State of
Florida, whose business address is 429-10th Avenue West, Palmetto, Florida 34221,
hereinafter called the "Contractor" and Collier County, a political subdivision of the State of
Florida, Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. This Agreement shall commence on the date of approval by the
Board of County Commissioners and shall terminate one (1) year from that date.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional two (2) 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. STATEMENT OF WORK. The Contractor shall perform exotic vegetation removal in
accordance with the terms and conditions of RFP #08-5017 and the Contractor's
proposal referred to herein 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
Contractor 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.
3. COMPENSATION. As the County identifies certain Services it wishes Contractor to
provide pursuant to the terms of this Agreement, the County shall request a quotation
from one or more Contractors for such Services, said quotation 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 Purchase Order shall be prepared which incorporates
the terms of the understanding reached by the parties with respect to such Services.
Page 1 01'6
16H 3
It is mutually understood and agreed that the nature, amount and frequency of the
Services shall be determined solely by the County and that the County does not
represent or guarantee unto Contractor that any specific amount of Services will be
requested or required of Contractor pursuant to this Agreement.
4. The County shall pay the Contractor for the performance of this Work pursuant to the
quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the service offered under this contract,
provided sufficient funds are included in their budget(s).
Payment will be made upon receipt of a proper invoice and upon approval by the Project
Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise
known as the "Florida Prompt Payment Act".
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Environmental Aquatic Control, Inc.
429-10th Avenue West
Palmetto, FL 34221
Attn: Michael A. Burton
Telephone: 941-722-0367
Facsimile: 941-575-2267
All Notices from the Contractor 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
The Contractor 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.
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.
Page 2 of6
168 3
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
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 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 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.
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 Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
Page 3 of6
168 3
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 shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County 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/Vendor/Consultant shall indemnify and hold harmless Collier County, its
officers and employees from any and all liabilities, damages, losses and costs, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Transportation Stormwater Department.
13. CONFLICT OF INTEREST: Contractor 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. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
14. 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: Contractor's Proposal, Insurance Certificate, Bid/RFP #08-5017
Page 4 of6
168 3
15. 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.
16. 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.
17. 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 O.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.
18. 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.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. 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.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor.
Page 5 of6
168 3
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:
~'"'t'
By: ,....., .",' '.. f p:'-
Dat";,?:.' I. ' .
~(SEAL) , ':;: .
Atusttt toalitrtllill .
Sj~.t.;r.~,~, '
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, C arrman
Environmental Aquatic Control, Inc.
Contractor
n
\
/,//
/" ( ///-\
-- c.~
By:-+-
Signature
Carol Kinqslev
tType/print witness namet
% ,7". /".//
. 4U Cb"'r--
/"Second Witness
Michael A.G. Burton, Vice President
Typed signature and title
Julie Cole
tType/print witness namet
Approved as to form and
legal sufficiency:
~~~
Assistant County Attorney
&/Ieen M,(jyt:enL
Print Name
Page 6 of6
168 3
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 1~ DATE (MMlDDIYYYY)
WILSO-1 02/n/OS
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Insurance and Risk Manaqement ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Services, :IDC. HOLDER. THIS CERTIFICATE OOES NOT AMEND, EXTEND OR
S9S0 Fontana Del S01 Way #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Naples FL 34109-4374
Phone: 239-649-1444 Fax:239-649-7933 INSURERS AFFORDING COVERAGE NAIC#
~._- --...-.--- --_.__.~.-
INSURED IrLIJRt.f,,',f:J. __~ez:iciln Gl.W.unt... Iii Lhbili t.y 26247
-~ --- - 1.3269---
WilsonMiller Inc.f.'& IN::IJPFR" Zenith Insurance Company
Environmentai Aqua ~c Control, --.-.-..--, --23620--
IW,UPFP',:
Inc. .-- ___~~~.~_:L_ty .In. Co of If Am.rica ~---- --..--.-
7309 Merchant Court, ste. A I~".UREP J Zurich American Inlurance CO
Sarasota FL 34240 -
Ir.',URFr:<' ;=
COVERAGES
r"E POLICIES ')F I~SURANClllc:.rEL' :JEh/V';' H,'\VE BEEN SSUE8 TO THE Ir,SUREO NAMEO ABO\ft' -')R THE Wlllr:'1 PERine. It'Jul,~;"r!::u rjl:'l\NI1HSTANOING
ANY PFQIJIPFMFNT. TERN' (,,, ' '-JrJ[.111(Jt~ r"F AL,. CCNTRACT 1)R OF-1FR nC'(;UMF~H IN TH P"SPFCT T,-, "VHICH ,HI:'> '-E'f;'T1FI(Alf L1A'( 8'" ISSIIFr' OP
MAy PERTAIN, THE INSURANce AFF':'hCED B'r THE POLICIES DESCRIBED "'iEREIN IS SUEJECT TO Nl -HE TFR"AS, E;-,,'~LU~" 'I,;'; HI[' ,>)IJ[lIT:,IJ::, CF SU:="'i
POLICIES AG3REGATE L1'v111'~ "H)'^'N I/A'! HAVE BEE~, REDUCED BY PAI[' CLAIMS
LTR NSR
TYPE OF INSURANCE
POLICY NUMBER
"ye 'POCIl,;Y I::XI"IHAIIUN
DATE (MM/DDIYY) DATE (MMlDDIYY)
LIMITS
$1,000,000
$100,000
, 5,000
$l_,OOO,~_~_~
$2,000,000
$ 2 ,000 ,(l.~_~__..
1,000,000
$1,000,000
~
.-
$
EAACC $
AGG
$
$ 5,000 ,000
$5,000,000
$
$
$
A
GENERAL LIABILITY
-
X X COMtv'ERCIAl ':.ENE;;':''-'l ~IABILlTY
~tJ ClAIMS ',IAr'F [,}~] OCCUR
X Per Loca~~o~__~.<a'_~
~ contrac~~E~l Liab
'::'DJ'L A'::'GREGAT[ L.IMIT AF'F'_IL'~ F'!.:R
I f'JULY rx-- ~~','~'i- ,owl LOC
AUTOMOBILE LIABILITY
-
~ NJYAUTO
A:...L()'N'-JEOJ-'.;r,:
-
_ S:::"'EDULE[';,lir(,~
X HIRECAIJTO::;
X N:)I\J.OW~IED AuT):-,
-
---.--
EACH OCCUFRENCE
$ SO(l_,,?OO
'500,000
'500,000
1,000,000
COLLC1S SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier county Government DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Purchasing Dept & BuHdinq -
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAll
steve Carnell, Purchasing IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
3301 Tamiami Trail East
Naples FL 34112 REPRESENTATIVES
A ~ENTATlV~U"
('
,
CP027S023706
10/01/07
10/01/08
UAIW--'\;>t:: I ~ r<t:.I~ I t:u
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Mf:['::XP {A.ny "n.-pprs(,n)
XCU
I'Ef;"))NA.L &AD'/ INJURY
C'cNERA.Ll\GC,PECATE
, PRODUCTS. COMP/OP AGG
Emp Ben.
A
CP0278023706
10/01/07
'~UMBI~JED SINGLE LIMIT
10/01/08 IE~awdosnt)
b'_oLJIL( Ir,JJUhY
IFHper,~Il!
[1l:OIL'(lt,JUf;y
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~
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GARAGE LlABIUTY
~ AV{ AUT')
EXCESSIUMBRELLA LIABILITY
~ OCCU~' ~ ~~"'IM:', MAUl:':
~::I ::~:~:~c:E 10
WORKERS COMPENSATION AND
EMPLOYERS' LlABlll1Y
.'.NY FROPRIETCiR/FARTNtRJEXECU~IVE
()F~I':EPlrv'EIv'BER l~CLLU:Lf,
t L DISEASE - EA EMPLOYEE
: F I [JISfA3E -pc'L1e,' LIMIT
; J-'.IITO rNI( - FA ACC'lDENT
C!T,.,FPTHAN
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10/01/07
10/01/0S
I Ef-CH OCCURRENCE
G:::f-I!::<",^.lE: ~.-
UMB937900s04
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10/01/07
10/01/0S
i ~ :!QE~,t:~I'TUS I I'-'ER-
E I EAU-1 A'=CIOE~JT
Z06936n01
USL&H INCLUDED
B
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l'y-,s,,-jp"'-"lhli'lJnder
SP::C -'''1 PROvl::;IGNS ber,-,w
OTHER
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C P&I Inc1udinq Crew N012467S1 07/02/07 07/02/0S!
C 1,000 DED* *2,500 OED WIND/HA L !
DESCRIPTION OF OPERATIONS I lOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Project: Contract #08-5017 "Countywide Exotic Vegetation Removal"; Collier
County, its officers & employees are added as Additional Insured as respects
General Liability per forms CG 2010 07/04 and CG 2037 07/04 and coverage is
Primary and Non-Contributory; Waiver of Subrogation as respects Genera1
Liability and Workers compensation.
CERTIFICATE HOLDER
CANCELLATION
ACORD 25(2001108)
@ACORD CORPORATION 1988
168 3
POLICY NUMBER: CP0278023706
CO'\1MERCIAL GENERAL LIABILIIT
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL Y
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or OrQanization:
--
PROJECT: CONTRACT #08-5017 "COUNTYWIDE EXOTIC VEGETATION REMOVAL"; COLLIER
COUNIT, ITS OFFICERS & EMPLOYEES; COLLIER COl.:NTY GOVERNMENT CENTER, PURCHASING
DEPARTMENT - PURCHASING BUILDING, 3301 T AMIAMI TRAIL EAST, NAPLES, FL 34112 ATTN:
STEVE CARNELL, PURCHASINGIGS DIRECTOR
Information required to complcte this Schedule, if not shown above, will be shown in thc Declarations.
Section II - 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 "properly damage" caused, in whole or
part, 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-<:ompleted operations hazard",
CG 20 370704
@ ISO Properties, Inc., 2004
POLICY NUMBER: CP0278023706
16B
3\
COMMERCIAL GENERAL LIABILITY
CG 2010 07 04
TIllS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
PROJECT: CONTRACT #08-5017 "COUNTYWIDE
EXOTIC VEGETA nON REMOV AL"; COLLIER
COUNTY, ITS OFFICERS & EtvIPLOYEES; COLLIER
Cot'NTY GOVERNMENT CFl\TER, PURCIIASING
DEPARTMENT - PURCHASIl\G BUILDING, 330 I
TAMIAMI TRAIL EAST, NAPLES, FL 34II2 ATTN:
STEVE CARNELL, PURCIIASI'lGiGS DIRECTOR
Location s Of Covered 0 erations
AS REQUIRED BY WRITTEN CONTRACT
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedulc, but only
with respect to liability for "bodily injury", property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions: or
2, The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the locations(s) design-
nated above.
B. With respect to the insurance afforded to these
additional insureds. the following additional exclu-
sions apply:
This insurance does not apply to "bodily Injury" or
"property damage" occurring after:
1. All work, including materials, parts or cquip-
ment furnished in connection with such work,
on the project (other than service, maintenance
or wpairs) to be performed by or on behalf of
the additional 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 in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project.
CG20 10 07 04
@ ISO Properties, Inc, 2004
Pagel of 1
168 3
POLICY l\"UMBER: CP0278023706
COMMERCIAL GENERAL LIABILITY
CG 24 04 10 93
TIllS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
~a~~~_L~E:rson or Or~anization:
--
PROJECT: CONTRACT #08-5017 "COUNTYWIDE EXOTIC VEGET ATIOl\" REMOV AL"; COLLIER
COeNTY, ITS OFFICERS & EIvlPLOYEES; COLLIER COUNTY GOVERNMENT CENTER, PURCHASING
DEPARTMENT - PURCHASING BUILDING, 3301 TA!vlIAMI TRAIL EAST, NAPLES, FL 34112 ATTN:
._________._._ _SlJ::Yl'&,\RNELL, f',URCHASING/GS DIRECTOR
(If no entry appears above, information required to complete this endorsement will be sbown in the Declarations as
applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RI,COVERY AGA1NST OTHERS TO US Condition (Section IV -
COMMERCIAL GEJ\'ERAL LIABILITY COJ\'DITIONS) is amended by thc addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above because
of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract
with that person or organization and included in the "products-completed operations hazard", This waiver applies only
to the person or organization shown in the Schedule above.
CG24041093
@ Insuranct" Services Office, Inc., 1992
168 3
1l1eZenith
rF6RM~NUM8E-R -
,
COpy ~Bil(COMPENSAT10NANOEMPLOYERS I
LIABILITY INSURANCE POLICY WC-OO-03-13
WAIVER OF OVR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our paymenls from anyone liable for an injury covered by this policy. We
wili not enforce our right against any persoll or organization for whom the Named Insured has agreed
by written contrac.t tD furnish this waiver. (This agreement applies only to the extent that you perform
work under a written contract tha.t requires you to obtain this agreement from us.) The charge for this
endorsement sIiali be 2,0 percent of the policy premium.
This endorsement changes the policy to which it is attached and ;s effective on the date issued unress otherwise stated
(The information below is required only when this endorsement is issued subsequent to preparation of the po! cy.
Endorsement Effective 10/0 I/07
Policy No, Z06936t tOt
Insured WILSONMILLER, INe.
Policy Penod 10/0 1107 to 10/0 l/08
Issued on 09!26107 rI
(Ed,4.98)
ZENITH INSlJ
r
\.
'. 'OMPA~]45
II
Countersigned by
At Sarasota, FL
168 3
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Auach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing Jines # 1 throu>>:h #4, comnlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routine: order)
1.
2.
3.
4. Colleen M. Greene Assistant County Attorney (f{\"{ ~CMG 03/14//2008
5. Sue Filson, Executive Manager Board of County Commissione't1
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BeC approval. Normally the primary contact is the person who created/prepared the
executive sununary. Primary contact information is needed in the event one of the addressee:> 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 BeC office only after the Bee has acted to
approve the item.)
Name of Primary Rhonda Cummings, CPPB, Contract Specialist Phone Number 252-8941
Staff Contact
Agenda Date Item was March 11, 2008 Agenda Item 16.B.3
Approved by the BCC Number
Type of Document Contract #08-5017 "Countrywide Exotic Vegetation Number of Original Five (5)
Attached Removal" Contractor: DeAngelo Brothers, Inc.. d/b/a Documents
AqUa2emx Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark UN/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
I. Original document has been signed7initialed 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 BCe 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 negotiated contract date whichever is aoolicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG
sil!:nature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip CMG
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of vour deadlines!
6. The document was approved by the BCC on March 11. 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 chanl!es, if applicable.
I: Forms! County Forms! Bce Fonns! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
168 3
ITEM NO,:
DATE RECEIVED:
FILE NO,:
ROUTED TO: 08'- fRC'-()Of?f9'f
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
V- . o<b v;cf
. \ V\J
~ \~. (1
~cf
Date: March 11, 2008
From:
Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 8941
To:
Office of the County Attorney /JI'A' ,
Attention' R~:iCt:l:;lI:'f C ~
Re:
Contract: #08-5017 "Countywide Exotic Vegetation Removal"
Contractor: DeAngelo Brothers, Inc. d/b/a Aquagenix
N
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, ,
C)
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BACKGROUND OF REQUEST:
fv
This contract was approved by the BCC on March 11, 2008; Agenda ::;;:
Itern 16.B.3
,z.:'-
This item has not been previously subrnitted.
r-..;)
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, this is a standard contract with no changes. Plea~e 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. '<f5)
3/;3!c1-d2~'Tf~~~~f, JC
C: Margaret Bishop, Stormwater
168 3
MEMORANDUM
FROM:
Jeff Walker
Risk Managernent Department ~
Rhonda Cummings, CPPB, Contract speciali~ ' ~
Purchasing Department
Lt725J
'--_/
TO:
DATE:
March 11, 2008
RE: Review of Insurance for Contract: #08-5017 "Countywide Exotic
Vegetation Removal"
Contractor: DeAngelo Brothers, Inc. d/b/a Aquagenix
This Contract was approved by the BCC on March 11, 2008; Agenda Item
16.B.3
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.
~;;~
(/
dod/RC
C: Margaret Bishop, Stormwater
168 3
A G R E E MEN T 08-5017
for
Countywide Exotic Vegetation Removal
THIS AGREEMENT, made and entered into on this / 1,-t4 day of /YI.a..--J" 2008, by and
between DeAngelo Brothers, Inc. d/b/a Aquagenix authorized to do business in the State of
Florida, whose business address is 6260 Metro Plantation Road, Fort Myers, Florida 33966,
hereinafter called the "Contractor" and Collier County, a political subdivision of the State of
Florida, Collier County, Naples, hereinafter called the "County";
WITNESSETH:
1. COMMENCEMENT. This Agreement shall commence on the date of approval by the
Board of County Commissioners and shall terminate one (1) year from that date.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional two (2) 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. STATEMENT OF WORK. The Contractor shall perform exotic vegetation removal in
accordance with the terms and conditions of RFP #08-5017 and the Contractor's
proposal referred to herein 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
Contractor 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.
3. COMPENSATION. As the County identifies certain Services it wishes Contractor to
provide pursuant to the terms of this Agreement, the County shall request a quotation
from one or more Contractors for such Services, said quotation 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 Purchase Order shall be prepared which incorporates
the terms of the understanding reached by the parties with respect to such Services.
Page 1 of6
168 3
It is mutually understood and agreed that the nature, amount and frequency of the
Services shall be determined solely by the County and that the County does not
represent or guarantee unto Contractor that any specific amount of Services will be
requested or required of Contractor pursuant to this Agreement.
4. The County shall pay the Contractor for the performance of this Work pursuant to the
quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the service offered under this contract,
provided sufficient funds are included in their budget(s).
Payment will be made upon receipt of a proper invoice and upon approval by the Project
Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise
known as the "Florida Prompt Payment Act".
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
DeAngelo Brothers, Inc. djbj a Aquagenix
6260 Metro Plantation Rd.
Ft. Myers, FL 33966
Attn: George Bowling
Telephone: 239-561-1420
Facsimile: 239-561-2883
All Notices from the Contractor 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, PurchasingjGS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Contractor 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.
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.
Page 2 of6
168 3
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
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 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 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.
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 Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
Page 3 of6
168 3
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 shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County 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/Vendor/Consultant shall indemnify and hold harmless Collier County, its
officers and employees from any and all liabilities, damages, losses and costs, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Transportation Stormwater Department.
13. CONFLICT OF INTEREST: Contractor 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. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
14. 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: Contractor's Proposal, Insurance Certificate, Bid/RFP #08-5017
Page 4 of6
168 3
15. 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.
16. 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.
17. 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.e. 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.
18. 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.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. 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.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor.
Page5of6
168 3
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. Brock, C;:lerk.of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA
.
.. ~
By:
Dated' II ..
, (SEAL)",
Atust, nto 0I.l1,... s
s 19/1aturlOitl"
By:
DeAngelo Brothers, Inc. d/b/a Aquagenix
Contractor
Si
"
~
By:
SQles
Type/ print witness name t
Approved as to form and
legal sufficiency:
~~~
/
Assistant County Attorney
Cd [em M . (Jy~ne.
Print Name
Page 60f6
16B
'3
<'
ACORO,. CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 I DATE
02/12/2008
PRODUCER 677-945-7376 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY ANP CONFERS NO RIGHTS UPON THE CERTIFICATE
willis North America, Inc. HOLPER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORPED BY THE POLICIES BELOW.
P. O. Box 305191
Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC#
INSURED DeAngelo Brothers, Inc. T/A Aquagenix INSURER A" American Home ASBurance Company 19380-001
5605 Florida Mining Boulevard South INSURER B:
Building 200, Suite 201-206
Jacksonville, FL 32257 INSURER C;
INSURER D:
, INSURER E:
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.
INSR f:~'k TYPE OF INSURANCE POLICY NUMBER P8kt~':~~5g~~ Pgk'fEY ~~~DAJ!,QN LIMITS
LTR
A X ~NERAL LIABILITY GL4572049 11/1/2007 11/1/2006 EACH OCCURRENCE I 1 000 000
X COMMERCIAL GENERAL LIABILITY ~~~~~~~OE~;~r~ncel I
I CLAIMS MADE [i] OCCUR MED EXP (Any one person) I
X Contractual Liabi1it" PERSONAL & ADV INJURY I 1 000 000
GENERALAGS'REGATE I 2 000 000
~N'~ AGG~Er;lE LIMIT APF;lS ~ER: PRODUCTS - COMP/OP AGG I 2 000 000
POLICY X ~~RT X LOC
A ~TOMOBILE LIABILITY CA1469438 11/1/2007 11/1/2006 COMBINED SINGLE LIMIT
I 2,000,000
A JL ANY AUTO CA4576095 11/1/2007 11/1/2006 (Eaaccidenl)
- ALL OWNED AUTOS BODILY INJURY
I
SCHEDULED AUTOS (Per person)
I--
eX HIRED AUTOS BODilY INJURY
I
eX NON.OWNED AUTOS (Peraccident)
c-- PROPERTY DAMAGE I
i (Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT I
ANY AUTO OTHER THAN EA ACC I
AUTO ONLY: AGG I
~ESSJUMBRELlA LIABILITY , EACH OCCURRENCE I
!
OCCUR 0 CLAIMS MADE AGGREGATE I
__.___M_ I
R DEDUCTIBLE I
RETENTION I I
A WORKERS COMPENSATION AND WC5733643 11/1/2007 11/1/2006 X I T~~~I~JI~~ IO~~'
EMPLOYERS' LIABILITY
A ANY PROPRIETOR/PARTNER/EXECUTIVE WC5609819 11/1/2007 11/1/2006 E.L. EACH ACCIDENT I 1 000 000
A OFFICER/MEMBER EXCLUDED? WC5609818 11/1/2007 11/1/2006 E.l. DISEASE. EA EMPLOYEE I 1 000 000
~~~~~~~ri~~~n~IONS below E.L. DISEASE. POLICY LIMIT , 1 000 000
OTHER
DESCRIPTION OF OPERATION Sf1.0CA TIONSNEHICLES/EXC LU SIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Collier County is named Additional Insured to the extent of the written contract.
COVERAGES
CERTIFICATE HOLPER
CANCELLATION
Collier County Government/ Purchasing Department
Attn: Rhonda Cummings
3301 E. Tamiami Trail
Naples. FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA liON
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS 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 INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORI 0 REPRESENTATIVE
/
@ACORPCORPORATION1966
ACORD 25 (2001/06)
Co11:2259323 Tp1:699652 Cert:10316042
16B 3
Page 2 of 2
IMPORTANT
If the certificate hoider 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.
ACORP 25 (2001/08)
Coll:2259323 Tpl:699652 Cert:10316042
16 B 311
MEMORANDUM
Date:
March 13, 2008
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 08-5017
"Countywide Exotic Vegetation Removal"
Contractor: EarthBalance Corporation
Enclosed please find two (2) original contract documents, as referenced
above, (Agenda Item #16B3), approved by the Board of County
Commissioners on Tuesday, March 11, 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.:
168 31
DATE RECEIVED:
FILE NO.:
ROUTED TO:(j S, P f<.c, OtJ ~~ ~
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: March 11, 2008
To:
Office of the Co rney
Attention obert Zachary 00 /)
Rhonda Cummings, CP ,Contract Specialist ~
Purchasing Department, Extension 8941
.~
"
,.c>
s.?,
" .;.
From:
Re:
Contract: #08-5017 "Countywide Exotic Vegetation Removal"
Contractor: EarthBalance Corp,
BACKGROUND OF REQUEST:
This contract was approved by the BCC on March 11, 2008; Agenda
Itern 16.B.3
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.
:311;lIO~-~\fAAf~~'@ o--~
-5//2A5Y;
C: Margaret Bishop, Stormwater
--
(0
i-)
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.~:~
1"
-":'c'~
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16 B
3~
MEMORANDUM
TO: Jeff Walker
Risk Management Department
FROM, Rhond. Comm;ngs, CPPB, Cont~ct SPK;'h:~JJ
Purchasing Department L 'J '"
DATE: March 11, 2008
RE: Review of Insurance for Contract: #08-5017 "Countywide Exotic
Vegetation Removal"
Contractor: EarthBalance Corp.
This Contract was approved by the BCC on March 11, 2008; Agenda Item
16.B.3
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.
l- J!;t/r ~
dod/RC
c: Margaret Bishop, Stormwater
168
3~
A G R E E MEN T 08-5017
for
Countywide Exotic Vegetation Removal
THIS AGREEMENT, made and entered into on this i /-tl1day of Nlc..rc:..lt\ 2008, by and
,
between EarthBalance Corporation authorized to do business in the State of Florida, whose
business address is 2579 North Toledo Blade Boulevard, North Port, Florida 34289,
hereinafter called the "Contractor" and Collier County, a political subdivision of the State of
Florida, Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. This Agreement shall commence on the date of approval by the
Board of County Commissioners and shall terminate one (1) year from that date.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional two (2) 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. STATEMENT OF WORK. The Contractor shall perform exotic vegetation removal in
accordance with the terms and conditions of RFP #08-5017 and the Contractor's
proposal referred to herein 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
Contractor 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.
3. COMPENSATION. As the County identifies certain Services it wishes Contractor to
provide pursuant to the terms of this Agreement, the County shall request a quotation
from one or more Contractors for such Services, said quotation 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 Purchase Order shall be prepared which incorporates
the terms of the understanding reached by the parties with respect to such Services.
Page 1 of6
16 B 3
It is mutually understood and agreed that the nature, amount and frequency of the
Services shall be determined solely by the County and that the County does not
represent or guarantee unto Contractor that any specific amount of Services will be
requested or required of Contractor pursuant to this Agreement.
4. The County shall pay the Contractor for the performance of this Work pursuant to the
quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the service offered under this contract,
provided sufficient funds are included in their budget(s).
Payment will be made upon receipt of a proper invoice and upon approval by the Project
Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise
known as the "Florida Prompt Payment Act".
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
EarthBalance Corporation
2579 North Toledo Blade Blvd.
North Port, FL 34289
Attn: Francis J. Clancey
Telephone: 941-426-7878
Facsimile: 941-426-3673
All Notices from the Contractor 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, PurchasingjGS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Contractor 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.
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.
Page 2 of6
16 q
3~
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
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 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 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.
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 Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
Page 3 of6
16 B
3~
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 shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County 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/Vendor/Consultant shall indemnify and hold harmless Collier County, its
officers and employees from any and all liabilities, damages, losses and costs, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Transportation Storm water Department.
13. CONFLICT OF INTEREST: Contractor 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. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
14. 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: Contractor's Proposal, Insurance Certificate, Bid/RFP #08-5017
Page 4 of6
168
3~
15. SUBTECT 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.
16. 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.
17. 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 USe. 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.
18. 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.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES, Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. 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.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor.
Page 5 of6
168
3~
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:
Dwight E. Brock, Cl~rk of Courts
7 ..': il/..
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B.'
y:
Dated:
, (SEA.L),;
A~t&st u''tc)'OMtl'lllll'
slgnatIN 0lI1~
By:
.
hairman
EarthBaIance Coq)oration
Contractor
Jhvr-~ /rJj~
First Witness
By: ?AA'4#:e~ ~~/
Slg ture
j})r'~IU lh,b~
tType/print witness namet
1w~~lYt'I'7.)
Secon' itness -
Francis J. Clancey
V.P., Chief Operating Officer
Typed signature and title
Blln'v..f:...T ~-J\~
tType/ print witness namet
Approved as to form and
legal sufficiency:
X5/~
Assistant County Attorney
Print Name
Page 6 of6
(MMIDDNYYY)
EARTH 2 03 03 08
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENO OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ACORD..
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Lykes Insuranoe, Inc
400 N. Tampa St., Suite 2200
Tampa FL 33602
Phone: 813-223-3911 Fax:813-221-1857
INSURED
NAIC#
INSURERS AFFORDING COVERAGE
South Shore Landscape, LLC DBA
EarthBalance Co~orat~on
2579 North Toledo Blade Blvd
Northport FL 34286
COVERAGES
INSURER A:
INSURER s"
INSURER C
INSURER D
INSURER E
Westfield Insurance Co
B~idgafiald Employers Ins Co.
Houston Casual_~y__.!_~S. CO.
10701
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 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
1 POLICY NUMBER -- · 'VIE Pgk~1V;-~~6RJ'J!r<?N r
LTR NSR TYPE OF INSURANCE DATE MMIDDfYY LIMITS
~NERAL LIABILITY EACH OCCURRENCE .1000000
A X X COMMERCIAL GENERAL LIABILITY CMM4053914 08/23/07 08/23/08 ~ ~~~~~~S (Ea occurence) .150000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) .10000 --
~ Contractual Liab ~~RSONAL & ADV INJURY .1000000
--, ---.- ~~~~_~_~ !:~.(3REGATE .2000000
GEN'L AGG~E5flE LIMIT APnS PER PRODUCTS - COMPIOP AGG .2000000
I X PRO- Emo Ben. ----
POLICY JECT LOC 1000000
AUTOMOBilE LIABILITY COMBINED SINGLE LIMIT
A xl ANY AUTO CMM40S3914 08/23/07 08/23/08 (Eaaccident) .1,000,000
- - ......-- __--__0._._.-
--- ALL OWNED AUTOS BODILY INJURY
I (Per person) .
SCHEDULED AUTOS
- _..~- --- -- ---- --~--_._---._-
I 1t. HIRED AUTOS BODILY INJURY
.
~. NON-OWNED AUTOS (Per accident)
1-----------
- I PROPERTY DAMAGE .
(Per accident)
GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT .
~ ANY AUTO OTHER THAN EA ACC .
I AUTO ONLY AGG .
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE .10,000,000
A ~ -OCCUR D CLAIMS MADE CMM4053914 08/23/07 08/23/08 AGGREGATE .10,000,000
I .
-
~ ~EOUCTIBLE , .
X RETENTION .0 I .
WORKERS COMPENSATION AND , '-X~ xIUE.-
EMPLOYERS' LIABILITY -
B ANY PROPRIETORfPARTNERJEXECUTIVE 0830-37583 04/01/08 04/01/09 ~._~ EACH ACCIDENT .1000000
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1000000
, If yes, describe under E.l. DISEASE - POLICY LIMIT .1000000
SPECIAL PROVISIONS below
OTHER
A Property Section CMM4053914 08/23/07 08/23/08 Various Various
E Professional Liab H70610784 02/18/08 02/18/09 Prof Liab 1,000,000
DESCRIPTION OF OPERATIONS /LOCATlONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Re: Contract No. 08-5017
Collier County Board of County Commissioners is included as additional
insured with respect to General Liability.
CERTIFICATE HOLDER
CANCELLA liON
Collier County Board of
County Commissioners
3301 Tamiami Trail E. Bldg. G
Naples FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlO
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil ~ DAYS 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 INSURER, ITS AGENTS OR
REPRESENTATIVES.
AU 0 R
COLLIE-
ACORD 25 (2001/08)
@ ACORD CORPORATION 1988
16 B 3 m~
MEMORANDUM
Date:
March 13, 2008
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 08-5017
"Countywide Exotic Vegetation Removal"
Contractor: Resource Restoration, Inc.
Enclosed please find three (3) original contract documents, as
referenced above, (Agenda Item #16B3), approved by the Board of
County Commissioners on Tuesday, March 11, 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 3~
ITEM NO.:
DATE RECEIVED:
FILE NO.:
ROUTED TO:l?,?" f RC - () 6 ~~ /
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
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Date: March 11, 2008
To:
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From: Rhonda Cum gs, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re: Contract: #08-5017 "Countywide Exotic Vegetation Removal"
Contractor: Resource Restoration, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on March 11, 2008; Agenda
Item 16.B.3
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 yo~. 1,;1 0 J.
3(1-;-//)~-~rrfU'f~~'t!Y
CC--~7
'?, _ / '{.. ,0
C: Margaret Bishop, Stormwater
168 3
MEMORANDUM
FROM:
Jeff Walker ., {j~ /
Risk Management Department ',. / /
Rho"da Cumml""., CPPB, CO"t..ct Spoclall ,~~ "1~
Purchasing Department ~l! U
TO:
DATE:
March 11, 2008
RE:
Review of Insurance for Contract: #08-5017 "Countywide Exotic
Vegetation Removal"
Contractor: Resource Restoration, Inc.
This Contract was approved by the BCC on March 11, 2008; Agenda Item
16.B.3
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.
~-
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C: Margaret Bishop, Stormwater
16 B 3
A G R E E MEN T 08-5017
for
Countywide Exotic Vegetation Removal
THIS AGREEMENT, made and entered into on this (1-1i1 day of fYI"'-n::t',2008, by and
between Resource Restoration, Inc., authorized to do business in the State of Florida, whose
business address is 2081 SE Ocean Boulevard, Suite 2B, Stuart, Florida 34996, hereinafter
called the "Contractor" and Collier County, a political subdivision of the State of Florida,
Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. This Agreement shall commence on the date of approval by the
Board of County Commissioners and shall terminate one (1) year from that date.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional two (2) 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. STATEMENT OF WORK. The Contractor shall perform exotic vegetation removal in
accordance with the terms and conditions of RFP #08-5017 and the Contractor's
proposal referred to herein 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
Contractor 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.
3. COMPENSATION. As the County identifies certain Services it wishes Contractor to
provide pursuant to the terms of this Agreement, the County shall request a quotation
from one or more Contractors for such Services, said quotation 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 Purchase Order shall be prepared which incorporates
the terms of the understanding reached by the parties with respect to such Services.
Page 1 of6
168 3i I
It is mutually understood and agreed that the nature, amount and frequency of the
Services shall be determined solely by the County and that the County does not
represent or guarantee unto Contractor that any specific amount of Services will be
requested or required of Contractor pursuant to this Agreement.
4. The County shall pay the Contractor for the performance of this Work pursuant to the
quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the service offered under this contract,
provided sufficient funds are included in their budget(s).
Payment will be made upon receipt of a proper invoice and upon approval by the Project
Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise
known as the "Florida Prompt Payment Act".
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Resource Restoration, Inc.
2081 SE Ocean Blvd., Suite 2B
Stuart, FL 34996
Attn: Brian Proctor, President
Telephone: 772-286-0430
Facsimile: 772-286-0112
All Notices from the Contractor 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
The Contractor 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.
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.
Page 2 of6
16 B 3
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
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 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 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.
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 Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
Page 3 of6
168 3
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 shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County 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/Vendor/Consultant shall indemnify and hold harmless Collier County, its
officers and employees from any and all liabilities, damages, losses and costs, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an inderrmified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Transportation Stormwater Department.
13. CONFLICT OF INTEREST: Contractor 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. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
14. 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: Contractor's Proposal, Insurance Certificate, Bid/RFP #08-5017
Page 4 of6
16 n
~ J
.0
3'
15. 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.
16. 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.
17. 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.e. 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.
18. 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.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other goverrunental entities at the
discretion of the successful proposer.
20. 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.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor.
Page 5 of6
16a 31>
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:, '
Dwight ~:Brbck; Cler~ of Courts
~~u
Attut .~~tr...>" ,
Ilgn.tlIrt QG)',: G, ,. '
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
.
hairman
Resource Restoration, Inc.
Contractor
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By:
BRIAN PROCTOR /
Typed signature and title
PRESIDENT
Approved as to form and
legal sufficiency:
A"i2~,,"?~~
Print Name
Page 6 01'6
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A CORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDcl'YY'l'Y)
2/20/2008
PRODUCER (561)746-4546, Fax(561)746-9599 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AN!) CONFERS NO RIGHTS UPON THE CERTIFICATE
Tequesta AgencYr Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEN D OR
218 S. US Highway OnerSte 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Teauesta FL 33469 INSURERS AFFORDING COVERAGE NAICtJ
INSURED INSURE!'!. A; Hudson I.nsurance Comnanv
Resource Restoration, Inc. J.~SURER B: -
2081 SE Ocean Blvd Suite 2B INSUHEI{ c:
INSURER D:
Stuart FL 34996 INSURER C
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOvE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDiNG ANY
REQUIREMENT, TERM OR COND1TION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE: ISSUED OR MAY PERTAIN,
THE INSU~~~~T~F:~~~~D BY THE POLlC:~!'~,~,:~~~~~';.~ ,~EREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POL'CIES.
AD. RJ:;r.: T Il~! N .- I 1l>.IMC:.___
INSR ~~~'L PJ'kt~Y ~~fgg~Vf ~~fJ :r~~~~N WAITS
"TYPE OF INSURANCE POllCV NUMBER
~NERAll.lABlllTY FEC6112012 04/04/200; 04/04/2008 ~pcCURREN~E , 1,000,000
J>. pMERCl1\L GENERAl..l.IABll.ITY DAMAGE TO RENTED , 5_~
pRE "
A ~ _ CLAIMS MADE [i] OCCUR MED EXp.'An one ersOll .~. 5,000
-
I - PERSONAL & ADV INJURY , 1,000,000
-. GFNE'HL AGGREGATE , 2,000,000
~'LAGG~En LIMIT AAES PER: _P_RODUCTS _ COMPiOP AGO 5 2,000,000
PRO-
POLICY ,JE'CT LOC
~TOMOBn...E UABIUTY COMBI\lED SINGl.E LIMIT
(Eaaccident) ,
- ANY AUTO
- ALL OWNED AJTOS 600IL Y INJURY
(Per person) ,
- SCHEDULED AUTOS
- HIRf:D AUTOS BODILY INJURY
(P(l(accldflI1IJ ,
~ NON,OWNED AUTO' PROPERTY DAMAGE S
(Pcracddcnl)
~RAGE LIABILITY ' AUTO ONLY - :A ACCIDENT ,
ANY AUTO OTHi:KIHAN 'HCC ,
~ AUTO ONLY:
AGG ,
~ESSIUMBRELLA UABIUTY Etc I
__ OCCUR D CLAIMS MADE ..hJ~.c;BcG'.-r" ,
-- --~-,------ ,
-. DEDUCTIBLE $
i RETENTION 5 I,
WORKERS COMPENSATION AND ~__lwc STATU- I IOJ,tt-
EMPLOYERS' UAQlUTY 1=
ANY PROPR:IETOR/PARTNER/EXECUTIVE E.L. EACH ACCIOE:\IT ,
OFFICERlMEI;1BER EXCLUOEC)'( I E.L. DISEASE _ EA :::MPLOYEl: $
Ilyes,(fescribaunccr -
SPE:CIA PROVlSIOr-lS below EL DISEASE POlley LIMIT $
A OTHER pol.l.ution Li.abili. ty FEC6112012 04/04/2007 04/04/2008 Occurrence $1,000,000
Aggregate $2,000,000
DESCRIPTION OF OPERA TIONSlLOCATIONS/VEHICLESIEXCLU510NS ACDEO BY ENDORSEMENT/SPECIAL PROVISIONS
Additional Insured as per endorsement FEIOI04 319E and automatic w&iv~r of subrogation as per endorsement FEI 0104
320E for General Liability
CERTIFICATE HOLDER
CANCELLATION
Collier County
3301 E Tamiami Trail
Naples, FL 34112
mrybthparker@yahoo.com
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DAlE THEREOF. THE ISSUltfG INSURER WILL EJ'fDEA\I~ TO MAIL
30 DAYS WRfTTEIII NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, aUT
FAILURE TO 00 SO SHALl. IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE
INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
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Mark Kasten/GLORIA
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Resource Restoration, lnc.
Endorsement Number: 7
AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT
This endorsement, effective 04/04/2006 attaches to and forms a part of Policy Number
FEC6106513. This endorsement changes the Policy. Please read it carefully.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract,
to provide a waiver of subrogation. However, this status exists only for the project specified
in that contract.
The Company waives any right of recovery it may have against the person or organization shown
in the above Schedule because of payments the Company makes for injury or damage arising out
of the insured's work done under a contract with that person or organization. The waiver applies
only to the person or organization in the above Schedule.
Under no circumstances shall this endorsement act to extend the policy period, change the scope
of coverage or increase the Aggregate limits of Insurance shown in the Declarations,
FEI-0104-320.E
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IMPORTANT
If the certificate holder is an ADDITIONAl. INSURED, the policy(ies) must be endorsed, A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and oonditions 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 befINeen 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)
lNS025 [0108).08..
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Resource Restoration. Inc.
Endorsement Number: 6
AUTOMATIC ADDITIONAL INSURED -
OWNERS, LESSEES OR CONTRACTORS
This endorsement, effective 04/04/2006 attaches to and forms a part of Policy Number
FEC6106513. This endorsement changes the Policy. Please read it carefully.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Any person(s) or organization(s) whom the Named Insured agrees, in a written contract,
to name as an additional insured. However, this status exists only for the project
specified in that contract.
The person or organization shown in this Schedule is included as an insured, but only with
respect to that person's or organization's vicarious liability arising out of your ongoing operations
perfonmed for that insured,
FEI-0104-3t9-E
From: ~ To: 1-772-597-0284 P!'fI: 2J3 Date: 2/1312008 3:09:25 PM ~ 9J~/zo~
A~UI'(~ \,;t:K 11t'I\';A I t: Ut' LlAtslLl1 Y N~UKAN\,;t:
PRODUCER (407)61B-3"1 FAX (BBB)BB3-B6B0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Lassiter-hare Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTFlCA TE
of OrangefSe.inole, Inc_ HOLDER. THlSCER11FICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW.
PO Box 940159
Maitland, FL 31794-0159 INSURERS AFFORDING COVERAGE NAIC #
INSLRSJ Resource Ilestoratlon, Inc. INSI..RERA: Travelers I"rJe."ity Co of III
P.O. Box 194B ....... a AIIC-Associated I"dustries I"s
I"diantow", FL 349S6 >lSUlER c
....... ~
INSURER E:
lliE POLICIES OF INSUlANCE USTED BELOW HAVE BEEN ISSUED TO lliE INSURED NAMED Nlr:tVf. FOR lliE POLICY PERIOD INDICATED, NOTWITHSTANDING
;.m REQUIREMENT. TERII OR CONDITION OF Nff CONTRACT OR OlHER IlOCUIIENT WITH RESPfCT TO \MilCH llilS CERTIFICATE IlAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AfFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERIIS. EXCLUSIONS />HJ CONDITIONS OF SUCH
=:' AGGREGATE LIMITS SHO'I\IN IlAY HAVE BEEN REDUCED BY PAID CLAlIIS,
INSR TYPE OF INIURANCE POLICY NIMIER POUCYEFFECTNE POUCV """""'T1ON LMTB
GElERAl. UAIlIJTV EAOi OCa..RRENCE .
....:.:.:. CClM>AEROAL. GE/'.ERAL UABUTY ~ .
-, ClAlMSMAOE 0 0CClR ~DEXPfAnyOll.p,rSOllI .
PERSCNAL" M)V N.X.Jr( .
GEI\ERAL AGGREGATE .
GEM. AGGREGATElMT APPUEn~R PROOJCTS . COM='IOP AGG .
I POOCY n :t'& loo
~OMOBlLELIA8l.ITY BA138BL334 11/06/1007 1l/06/1ooB COMflt..EDst>IGlELMT
X AmMO (Eellttidenll . 1 000 OO!
-
- All OVVNED AUTOS BODllY!NJ.JRY
SCHEDU.ED AUTOS (per person) .
A -
HRED AUTOS BODIlYw...RY
- .
NON-OWt-ED AUTOS (Pereccidenl)
-
PROPERTY DAMAGE .
(Per accident)
==rOEl_nv AUTO OtL'r'.EAAcaDENr .
ANYMO OTl-ERTHAN EA ACC .
AlITOOl'l.Y: AGO .
~~SsueRELLALIASLITY EAQi OCClRRE/'.l:E .
OCCt.Fl D ClAIMS MADE AGGREGATE .
.
=1 ~Eoucn8lE .
RElENTICN . .
WORKERS CO....EN:I!IATIONANO 1oo7336B1S 04/11/1007 04/11/1ooB ~llo"W
Er.FLOYERS" LWILITV 1 000 000
B ANY PROPRETORPARTNER/EXECU1lVE E L EAa-t ACC[)ENT .
OFFICERlMEtI8ER EXCLUDED? E.L DISEASE. EA EMPLOYEE . 1 000 OO~
W€c1:r~~6NstleloW EL DlSEASE. POlO LIMT . 1.000 OO~
OTHER
OESCRPT1ON OF OP:1IJNS'(.OCA11OHSIVEJ-lCLES/EXCWSnADDED BYENJORSEMENT~ECW.thROVlStDNS
.Except 10 ays or "OIl paYlHlllt 0 preJIiu. - per ori a I"surance RegulatiOlls
.--- ~-----
CERTlFIC
C
SHOULD NffOf THE ABOVE OESCRIJEDPOUCES BE CANCB.LED BEFORE THE
EXPlRAnoN DATE THEREOF, THE ISStMGNSURER WLL ENlEAVOR TO MAL
..1ll!.. DAYS WRlTleNNOTJCE TO THE CERTFK:ATE HOlDER NMEDTOTHE LEFT.
BtlTFM.URE TO MoU.. SUCH NOT1CE SHALt. "'OSE NOOBLIGATION OR UABLnv
OF Nf'(KJN) UPON THE INSUtER, fTS AGENTS OR IW'ftESENTA'tlYES.
Al1THClRIZED REPRESENTATIVE
Christo er McClai" SANDIG" "
@ACORDCORPORATlON1N8
Collier Cou"ty BuHdi"9 Depart.e"t
3301 E. T...i...i Trail
Naples. FL 33961-4977
ACORD 2S (2001108)
From: 888-883-8680
To: 1-772-597-0284
Page: 3J3
Date: 271312008 3:09:26 PM
IMPORTANT
~ the certificate holder is an ADDmONAL INSURED, the poIicyQes) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
~ SUBROGA T10N 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, no< does rt
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
16 B
3
ACORD :IS (2001108)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL1PL. D
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J. 0 '
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
31
Print on pink paper. Attach to original document Original documents should he hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the 130ard has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional sigmtlUres, dates, andlor information needed. If the document is already complete with the
exceDtion of the Chainnan's signature, draw a line through routing lines # I throuQh #4, comnlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin2 order)
I.Frank Ramsey Housing and Human Service 71- ~/I/lo8'"
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
(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, nced to contact staff for additional or missing
information. All original documents needing the Bee 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
Contact
Agenda Date Item was 03/11/2008
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Frank Ramsey, Housing Manager
Phone Number
252-2336
16D
..-f"z..
Ves
(Initial)
NIA (Not
A licable)
Agenda Item Number
Impact Fee Deferral Agreement -+--
Number of Originai
Documents Attached
1t-
#-
r;L
~
iL
nla
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 signed/initialed for iegal 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 ossibly State Officiais.)
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 ofBCe approvai 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 BeC office within 24 hours of Bec approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 03/11/2008 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 licahIe.
?I-
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.
16D 3
Return to
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples, FL 34112
File# 08-014-IF
This space for recording
CORRECTIVE
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED ~FfORDABLE
HOUSING DWELLING UNIT~~~ 1t-
This Agreement is entered into this ~ay Of~:~, i!867, 'oetween Collier County, a
political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County,
Inc. (DEVELOPER), 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 tenns of the Ordinance shall
apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The tenn of this Agreement is from issuance of this Agreement until six (6) months after
issuance of the certificate of occupancy for the dwelling unit(s).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. 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).
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 unites). The lien shall
tenninate 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 from. 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, including, but not limited to, a full or partial
release of lien.
7. In the event the DEVELOPER 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 DEVELOPER, a
delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed,
and the COUNTY may, at its sole option, collect the impact fee amount in default and
Page I of 2
160
31
assessment 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 day 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 DEVELOPER'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: /
, At~st II "t4 eM"
"gAg"", ,llIIh'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, ORIDA
./
.
. ' Deputy Clerk
By:
Witnesses:
~d~{t%~&;;~;~j
,..j '.1' .6-
/~/ ' '" ,-
_/ [ -;5;~~/.//-" : .----:;; ~_ _ ~
Print Name Nor Nl(c (d ,<~- / r -j-"
{./
DEVELOPER: Habitat for Humanity of
C"lIi"~
B~ ~
Samu 1. Durso, M.D.
Title: President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this ~ day off; b" .(1' '"
by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc.
personally known to me.
.2G 08
,200/,
who is
~VVV'loo'",,~,~"I..
""''''"., \il;' -;.l"'.llut'\fREJO~-
\WJ .,_;,Wi',;, \:1 i}:j;L}0~3!i ~
...\"Itr ""_'J ,
" '. . . - -- ' (
:;:'r",--.v~v.~',-,,,,,,.,~~
//" /~m", :l ( ~-Z:;
(Signature of Notary Public) ,
{
.A. L I ,It '-'- Ghu - }:-Si~
(Print Name of Notary Public)
[NOTARIAL SEAL]
Jeffrey,
Chief
and
Recommend approval:
nty Attorney
I i I .
d~~ - ~L.., --J
,..M rcy Krumbme, Director of
Housing & Human Services
Page 2 of 2
EXHIBIT "A"
16 [j
3~.
LEGAL DESCRIPTION
Lot 130, 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.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
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
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
16n 3
Record and Return to:
Collier County Housing & Human Services Department
3050 N. Horseshoe Drive, Suite 110
Naples, Florida 34104
239-252-4663
RELEASE
THIS DOCUMENT is signed by Collier County, Florida ("Lienee"), who is the owner
and holder of, and has not transferred, assigned, pledged, or otherwise encumbered any interest
in, the following described Lien Agreement with Developer for Deferral of 100% of Collier
County Impact Feesfor Owner Occupied Affordable Housing Dwelling Units (Lien Agreement):
Lien Agreement with Developer for Deferral of 100% of Collier County Impact Fees for Owner
Occupied Affordable Housing Dwelling Units recorded on October II, 2007, from Habitat for
Humanity of Collier County, Inc., ("Lienor") to Collier County, a political subdivision of the
State of Florida, securing the deferral of Collier County impact fees in the original amount of
Nineteen Thousand Three Hundred Seventy Two and 46/100 DOLLARS ($19,372.46), which
Lien Agreement is recorded in the following:
Official Records Book 4291, Pages 1470 through 1472, inclusive,
of the Public Records of Collier County, Florida, encumbering certain property located in Collier
County, Florida, as more particularly described in the Lien Agreement ("Property"); and
THAT Lienee hereby acknowledges that the Lien Agreement was recorded in error and
does hereby surrender the Lien Agreement as canceled, releases the Property from the Lien
Agreement, and directs the Clerk of the Circuit Court in and for Collier County to cancel the
same of record.
DATED this -l10 day of
MA,(cJI)
,2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIE7NTY, F ORIDA
By: ~
TOM HENNING, CHAIRM
Jeffrey
Chief As
\,-'?
Return to
4139207 OR: 4338 PG: 2368
RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY, FL
03/13/2008 at 12:55PM DWIGHT B. BROCK, CLBRK
RBC FBB 27.00
COPIBS 3,00
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples, FL 34112
File# 08-014-IF
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240 F RAMSBY
160
3
This space for recording
CORRECTIVE
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED ~F10RDABLE
HOUSING DWELLING UNITS tehM 11-
h. A'd' h' ~d f~I~~~7- C II' C
T IS greement IS entere mto t IS lL'.- (ay 0 f:J'lte er, ,oetween 0 ler ounty, a
political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County,
Inc. (DEVELOPER), 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 issuance of this Agreement until six (6) months after
issuance of the certificate of occupancy for the dwelling unites).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unites), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. 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).
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 unites). 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 from. 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, including, but not limited to, a full or partial
release of lien.
7. In the event the DEVELOPER 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 DEVELOPER, a
delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed,
and the COUNTY may, at its sole option, collect the impact fee amount in default and
Page lof2
OR: 4338 i~ H69
assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, 0)
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 day 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 DEVELOPER'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, F ORIDA
.
:..
By:
4
By:
At~st IS to c..'j
s j 9ft1twr. QtIl11
. ' Deputy Clerk
TOM
, Chairman
Witnesses:
DEVELOPER: Habitat for Humanity of
COlli"~.""Y'I",' _
84 ~
Samu J. Durso, M.D.
Title: President
~~~~~tHr?~~
<:?(;N{(k. I J,~< ,{{'
Print Name AJ01'1AlL. (d ,'-' I r *"
u
ST ATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this ~ day off. hr II" (L(
by Samuel J. Durso, M,D. as President for Habitat for Humanity of Collier County, Inc.
personally known to me.
;;co 08
, 2OO;t,
who is
~'V~~"\.
,>""~'J~" :-",' ,~J,~M,'. ',iIRt\ l'REJO ~
'\~. " ,,)i"<"l~
';, ' '. S
"'_,",,'-.'f-..F'../ ."-,i>,.f\I....l...,...,...,/"V"V\~
~ ).,?n~, :2, ~~
(Signature of Notary Public)
{
U 01 il\0..... lieu -}:-sf'
(Print Name of Notary Public)
[NOTARIAL SEAL]
Appr ved < . to .
legal uf
nty Attorney
Recommend approval:
dl~l~- J-~ ~
,M rcy Krumbine, Director of
Housing & Human Services
Page 2 of 2
*** OR: 4338 PG: 2370 ***
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 130, 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.
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
16D
3
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
Record and Return to:
CoJlier County Housing & Human Services Department
3050 N. Horseshoe Drive, Suite 110
Naples, Florida 34104
239-252-4663
*** 4139208
RBCORDBD In OFFICIAL RECORDS of COLLIER COUNTY, FL
03/13/1008 at 11:55PM DWIGHT B, BROCK, CLBRK
RBC m
r8S0
OR: 4338 PG: 2371 ***
Retn:
CLERK TO THB BOARD
INTEROFFICB 4TH FLOOR
BXT 7240 F RAMSBY
10,DO
~o
RELEASE
THIS DOCUMENT is signed by Collier County, Florida ("Lienee"), who is the owner
and holder of, and has not transferred, assigned, pledged, or otherwise encumbered any interest
in, the following described Lien Agreement with Developer for Deferral of 100% of Collier
County Impact Feesfor Owner Occupied Affordable Housing Dwelling Units (Lien Agreement):
Lien Agreement with Developer for D~ferral of 100% of Collier County Impact Fees for Owner
Occupied Affordable Housing Dwelling Units recorded on October II, 2007, from Habitat for
Humanity of Collier County, Inc., ("Lienor") to Collier County, a political subdivision of the
State of Florida, securing the deferral of Collier County impact fees in the original amount of
Nineteen Thousand Three Hundred Seventy Two and 46/100 DOLLARS ($19,372.46), which
Lien Agreement is recorded in the following:
Official Records Book 4291, Pages 1470 through 1472, inclusive,
of the Public Records of CoJlier County, Florida, encumbering certain property located in CoJlier
County, Florida, as more particularly described in the Lien Agreement ("Property"); and
THAT Lienee hereby acknowledges that the Lien Agreement was recorded in error and
does hereby surrender the Lien Agreement as canceled, releases the Property from the Lien
Agreement, and directs the Clerk of the Circuit Court in and for Collier County to cancel the
same of record.
DATED this -l10 day of
MA,(cJI)
,2008.
eputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIE7NTY, F ORIDA
By: .,
TOM HENNING, CHAIRMA
ATTEST:
DWIGHT E. BROCK, CLERK
nty Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIn 6 D
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .L
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to ll,e Board Office. The completed routing slip and original
documents are to be forwarded to the Board (mice 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
4
exception of the Chairman's signature, draw a line throuQh routin!! lines #1 thrau!!h #4, comnletc the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routine: order)
I.Frank Ramsey Housing and Human Service r-f-- 3ft/la r
2. Chairman Tom Henning BCC
3.
4.
5. Sue Filson, Executive Managcr 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 pnmary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressecs above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the Bee Chainnan's signature arc to be delivered to thc BeC office only after the Bee has acted to approve the
item.)
Name of Primary Staff Frank Ramsey. Housing Manager Phone Number 252-2336
Contact
Agenda Date Item was 03/11/2008 Agenda Item Number 160 - Lf
Approved bv the BCC
Type of Document Impact Fee Deferral Agreement Number of Original I
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a 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 oe 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 your deadlines!
The document was approved by the Bee on 03/11/2008 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 licable)
2.
3.
4.
5.
6.
71-
n/a
I: Fonns/ County Forms/ Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16D 4
Return to
Frank Ramley
ColDer County HIlS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 08-I54-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 February, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Soyla Maria Cruz" (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 Forty Two and 46/100 Dollars ($12.442.46). 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 fust 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 4
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 ~i~~
Witnesses: ,
\_-{\ \CLJ::'4t Cllio.-lcu1c,
Print Name\c\\-+Ik'_ 1+\ IIGrDdo
OWNER:
'L~J (){ tUla.
SoYla . a Cruz
c~
~
Witnesses: .
-1f'n:ltt ilL,. f1,/v rf,
PrilJ'Name\ ~<(l;;;t.;' If,.-aJl.
STATE OF FLORIDA)
COUNTY OF COLLIER)
OWNER:
OT ARIAL SEAL]
VIRGINIA CANTU
MY COMMISSION' 0039442S
"=..:.' ElCPIJIEs,~I2,20IO
~Al.Y fl...,....--.Crt.
Approved as to form
and legal sufficiency:
acknowledged before me this!i1::h day o~,,~, ,,~_,
, who is personally known to me ~
roof of identity,
2008,
of Person Taking Acknowledgment
Recommend Approval:
'~ ~-?
J~MPA
Director
Collier County Housing and Human Services
~ Je e A. Klatzkow
U Chie I\ssistant County Attorney
160 4
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 33, 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.
STREET ADDRESS
3652 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type oflmpact 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
TOTAL IMPACT FEES
$100,59
$62,08
$368.18
$750,00
$1,659.00
$2,862,00
$6,059,00
$410.00
$171.61
$12,442.46
JAK Approved --1_l_
Return to
4139206 OR: 4338 PG: 2365
RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY, FL
03/13/2008 at 12:55PM DWIGHT B, BROCK, CLBRK
RBC PBB 27.00
COPlBS 3,00
L-?'
Frank Ramsey
Collier County HHS
3301 E. Tamiaml Trail
Naples. Florida 34112
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240 F RAKSBY
160
4
File# 08-154-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 February, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Soyla Maria Cruz" (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 Twelve Thousand Four
Hundred Fortv Two and 46/100 Dollars ($12.442.46). 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
OR: 4338 PG: 2366
16D 4
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,
t'
Att~~: 0
$ j~flatlM'" o..lI~" .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By ~i~lft
. E ING,CHA
Attest: '
DWIGHT E, BROCK, Clerk
Witnesses:
'--{, \c\,,\.J::lit O..t.CO,'Cld.'-.)
Print Name ~o.d'\\c.. ~\v(!,r((dO
OWNER:
7 !
~J: (Jt tUt tL
S~la, ia Cruz
(~
~
OWNER:
Witnesses: ~ "
'1tt . (f!-
~am;~(l~;' if,~d~i
STATE OF FLORIDA)
COUNTY OF COLLIER)
OTARIAL SEAL]
#!" VIRGINIA CANW
~ MY COMMISSION II DD594425
'>...::'/ EXPIRES: Sq>ombr 12, 2010
f.oIDl>>.NOT.u.y RlrIllIIl7a..t"-'Co.
{Is acknowledged before me this ~ day o~,
, who is personally known to me or has produ ed
roof of i denti ty.
The
2008, by
of Person Taking Acknowledgment
Approved as to form
and legal sufficiency:
Recommend Approval:
1
v..
-?
~ Jef e A. Klatzkow
U Chie 1\.ssistant County Attorney
ar Krumbine, MP A
Director
Collier County Housing and Human Services
*** OR: 4338 PG: 2367 ***
16u 4
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 33, Liberty Landing, according to tbe plat thereof,
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, ofthe Public Records ofCoIlier County, Florida.
STREET ADDRESS
3652 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type ofImpact Fee
A. EMS Impact Fee
Amount Owed
TOTAL IMPACT FEES
$100.59
$62.08
$368.18
$750,00
$1,659,00
$2,862.00
$6,059,00
$410.00
$171.61
$12,442.46
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
JAK Approved --.! _,_
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIp! 6 D
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1
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 Of11cc. 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, andlor information needed, If the document is already complete with the
5
exceDtion of the Chairman's sirrnature, draw a line through routin!! lines # 1 throuph #4, complete 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 TI- ~/tllot
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 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 staft' for additional or missing
information, All original documents needing the BCC Chairman's signature arc to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Frank Ramsey. Housing Manager Phone Number 252-2336
Contact
Agenda Date Item was 03/11/2008 Agenda Item Number 160 - s-
Aooroved 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 "N/A" in the Not Applicable column, whichever is
a TO nate,
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 I the BCC Chairman and the Clerk to the Board
3, The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of nur deadlines!
6. The document was approved by the BCC on 03/1112008 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 licabl..
Yes
(Initial)
~
rfI-. nla
*-
'"#--
11-
11--
1: Forms! County Formsl Bce Forms! Original Documents Routing Slip WWS OriginaI9.OJ.04, Revised 1.26.05, Revised 2.24.05
_.." ...,. .~."~_""'._, '"...~"".",.~.,..........'. ",,,,~,_"'__._'~","'~-",",....~__,....,,,,.",~."OO~'<,,,,,-,,,,,,,,_,,,,,"~,_~, .,__.. """_
16 n
5~
Return to
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naple!, Florida 34112
File# 08-1SS-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 _4- day of February, 2008, between Collier County, a
political subdivision of the State of Flori~OUNTY) and "Heather Lynn Bugger" (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 refmancing 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 Forty Two and 46/100 Dollars ($12.442.46). 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
5~
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
puty Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIE~ZUNTY' F ORIDA,.
By. ,..' 1..---"
TOM HENNING, CHAr
By:
Attest as to ChAI
s j~14tWt4Hliljl~.., _'
Witnesses:
\.. ))c;, cri,,-, L_f.. \,c .
Print Name \'- tel< 4 I' (. r\ l vI" c J.; "
OWNER:
~(;plQ:b '-t -+0' ~
Heather Lynn Bugger
OWNER:
"-
STATE OF FLORIDA)
COUNTY OF COLLIER)
The !Yr~in!}j\greemen~J acknowledged before me this d day of ~. ,
2008, by ~r".. ~A) who is personally known to me or. as produced
' as proof ofidenllty, -_
Si
/:..n Je A. Klatzkow
D Chi Assistant County Attorney
,l,
.,J
16 D
5 1
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 36, 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.
STREET ADDRESS
3664 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT 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
TOTAL IMPACT FEES
$100.59
$62.08
$368.18
$750.00
$1,659,00
$2,862,00
$6,059.00
$410.00
$171.61
$12,442.46
1AK Approved --.! -.!_
l,?
/
Retu rn to
4139205 OR: 4338 PG: 2362
RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OJ/i3/2DOS at 12:55PM DWIGHT E, BROCK, CLBRK
RBC FEB 21. 00
COPIES 3,00
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naple" Florida 34112
Retn:
CLBRK TO THB BOARD
INTEROFFICB 4TH FLOOR
BXT 7240 F RAMSBY
160
5~
File# 08-155-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 February, 2008, between Collier County, a
political subdivision of the State of Flori~OUNTY) and "Heather Lynn Bugger" (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 Twelve Thousand Four
Hundred Forty Two and 46/100 Dollars ($12.442.46). 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
OR: 4338 PG: 2363
160 5
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
puty Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIE~:/~UNTY, F ORIDA,.
I
By: ,./~
TOM HENNING, CHAIR
By:
Attest 4$ to ChIt
s 19f14tur...0l\ Ill..,
Witnesses: ,
\..{ )la.J;i.,. n Q<-Cc llu.L:
Print Name \\..\0.. -\ hi r\ \.01', C1.).(;
OWNER:
~(~~ ~Q~
Heather Lynn Bugger
OWNER:
I\.
ST ATE OF FLORIDA)
COUNTY OF COLLIER)
The !Jrjg,pin&j\greemen~...; s acknowledged before me this d day of ~. ,
2008, by ~~ ~ ~ who is personally known to me or. as produced
as proof of IdentIty. --
[NOTARIAL SEAL]
.~~ AGNES MDi;;:;~
'!;V My COMM ::........uuZA
. ','./ EXPiREs, ~ON # 00594447
~__F1~~D~ 12,2010
Approveo~ywntt\,c';:...co
and I al sufficiency:
.
Si
/r;n. Je A. Klatzkow
l) Chi Assistant County Attorney
i,
J
(,~..
arcy Krumbin ,MPA
Director
Collier County Housing and Human Services
*** OR: 4338 PG: 2364 ***
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 36, 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.
STREET ADDRESS
3664 Justice Circle, 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. Goverrunent Buildings Impact Fee
I. Law Enforcement Impact Fee
TOTAL IMPACT FEES
JAKApproved_I--.!~
160
Amount Owed
$100.59
$62.08
$368.18
$750.00
$1,659,00
$2,862,00
$6,059.00
$410.00
$171.61
$12,442.46
5
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT To-l j D
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATutE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Roard Office The completed routing slip and original
documents arc 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
6
exception of the Chairman's signature, draw a line through routing lines # 1 throul!h #4, comnlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routine: order)
l.Frank Ramsey Housing and Human Service 7? ~11/0r
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 contact is the holder of the original document pending BeC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact statffor additional or missing
infonnation. All original documents needing the Bce 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 Frank Ramsey, Housing Manager Phone Number 252-2336
Contact
Agenda Date Item was 03/1112008 Agenda Item Number 16D-b
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 fO nate.
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 trom ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages trom
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exec t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC omce within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time trame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 03/11/2008 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 lieable.
Yes
(Initial)
N/A(Not
A licable)
2.
3,
4.
5.
6.
""1L
71--
-=fL
W-
nla
7ftL
7rC
l: Fonns! County Fonns! Bee Forms! Original Documents Routing Slip WWS Origin<ll 9.03.04, Revised 1.26.05, Revised 2.24.05
16 D
,f.)
;..'
Return to
Frank Ramsey
Collier County HHS
3301 E. Tamlami TraJl
Naples, Florida 34112
File# 08-143- IF
This space fur re<:ording
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 February, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Arturo Lara Lara and Beatriz Lara"
(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 refmancing 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 Forty Two and 46/100 Dollars ($12.442.46). 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 othelWise
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 :6
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
COLLIE!~Y ORIDA,
By: :JfJt-- I/fft
TOM HENNING, CHAI
Witnesses:
'-t<<\O \Hr,. ClLJ~\)
Print Name \v\o.r -\.-ho.. A- \ JOr ,.cdc
OWNER:
^''''?--..~J'~, \ ........'KJ:::,
Arturo Lara Lara
OWNER:
bC(~ BOla
Beatriz Lar
STATE OF FLORIDA)
COUNTY OF COLLIER)
T;~~Oing Agreement was acknowledged before me this -I-- day of ~,Zd"4 'if
2008, b, , who is personally known to me or has pr ced
-' as proof of identity,
[NOTARIAL SEAL] 4 ~.-.....
~erson Taking Ac~edgment
A"'" AGNES MENDOZA
:US~ MY COMMISSION' 00594441
~ EXPIRES, Sqxanbor 12, 2010
Appr t OlllllOllnl AiIoli. Co.
and legal sufficiency:
.
Recommend Approval:
c
L.'C
h\ Je e A. latzkow
'\.) Chi ssistant County Attorney
/
Mar Krumbine, PI.
Director
Collier County Housing and Human Services
16U6
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 32, 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.
STREET ADDRESS
3648 Justice Circle, Immokalee, FL 34142
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
TOTAL IMPACT FEES
$100.59
$62.08
$368.I 8
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$12,442.46
JAK Approved -.! -.!_
Return to
4139204 OR: 4338 PG: 2359
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
OJ/IJ/2008 at 12:55PM DWIGHT B, BROCK, CLBRK
RBC FBi 27.00
COPIBS J,OO
'v'l;
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 08-143-IF
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240 F RAMSBY
16D
6
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 February, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Arturo Lara Lara and Beatriz Lara"
(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 Twelve Thousand Four
Hundred Forty Two and 46/100 Dollars ($12.442.46), 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
OR: 4338 PG: 2360
16u 6
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
COLLm!~TY ORIDA,.
By: :J'fJ1--
TOM HENNING, CHAIR
Witnesses:
"-t<<\O A+[.,'). CU~>>CJ'wL,-,
Print Name \-"\(",'\'\<0, A \ ,jO, ,uk,
OWNER:
^'~ "TU(~) \ ,,'K.b
Arturo Lara Lara
OWNER:
b~ fun_
Beatriz Lar
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
T;~~~Oing Agreement was acknowledged before me this -I-- day of
b. , who is personally known to me or has pr
'" as proof of identity,
J~'8'
,
ced
[NOTARIAL SEAL]
wledgment
K'" AGNES MENDOZA
);j4. MY COMMISSION # DDl94447
...,-" EXPIRl3S,Sopt_I2,2010
Appr ~~f\.<:Y- l'_ .Fl_Nollll'yOiilGOlllitAillOO.CI.l.
and legal sufficiency:
Recomm,end Approval:
'P
/
Mar Krumbine,
Director
Collier County Housing and Human Services
~ Je e A. latzkow
'\) Chi ssistant County Attorney
*** OR: 4338 PG: 2361 ***
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 32, Liberty Landing, according to the plat thereof,
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, ofthe Public Records ofCoIlier County, Florida.
STREET ADDRESS
3648 Justice Circle, Immokalee, FL 34142
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 ~....J_
16 D
6
Amount Owed
$100,59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410,00
$171.61
$12,442.46
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 "I 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO U
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the
excevtion of the Chairman's sil?oature, draw a line throwh routing lines # I throul!h #4, comnlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routine: order)
I.Frank Ramsey Housing and Human Service 71- ?7/I//OY
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 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 arc to be delivered to the BCe office only after the Bee has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252,2336
Contact
Agenda Date Item was 03/11/2008 Agenda Item Number 16D_y
Aooroved 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 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 Ijcable.
"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 exeeption), 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 doeument was approved by the BCC on 03/11/2008 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,
Ves
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
11--
71--
-=ftL
-;fL
--::Jt-
n/a
11-
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
160 7
Return to
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples. Florida 34112
File# 08-145- 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 February, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Doreen Annette Saunier" (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 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 a 7
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:
AtUst ',1 to 014 f
I j gn.t...... Ofll,~ .'
BOARD OF COUNTY COMMISSIONERS
COLLIE.'lOUNT FLORID~,
By: :J~
TOM HENNING, CHAIRMA
Attest:
DWIGHT E. BROCK, Clerk
wJls,est~
Print Name U'I fA M ~.b'j
OWNER:
cl .
'~ (eM..){ tU'){.~^
Doreen Annette Saunier
OWNER:
STATE OF FLORIDA)
COUNTY OF COLLIER)
2007,
The foregoing Agreement was acknowledged before me this ~ day of r;: LxtiCl' k '
by J..,\)J"'<:VI lJ, '--xu')I'r , who is personally known to me or has pro uced
P L f), j.. as proof of identity.
~~:{t~EJO.
; ~ \lY CU\1MISSld\ It f1n~9UlJII :
)U).~:wps>#" r-XPlRFS:,\u~'\lsl?f),70l0. ~
~ 1_:.J,..,_~o'~.'_', fl "'ot"-<)I\<,>,(jum..I,~'.,"", (" C
c.vv."N'IVV".I'V'J"'^/tM~ y
/7 (;J7Ptb:;)LU- Z
Signature of Person faking Ackno~ledgment
Approved as to form
and al sufficiency:
Recommend A proval:
'-.-"t,
-.J'
.
~ Jef e A. Klatzkow
Chi 1\ssistant County Attorney
<
rcy Krumbin , MP A
Director
Collier County Housing and Human Services
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 53, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records ofColIier Couuty, Florida.
STREET ADDRESS
13489 Koinonia Drive, 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
JAKApproved...--!_/_
160 7
Amonnt 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
File# 08-145-IF
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240 F RAMSBY
4139203 OR: 4338 PG: 2356
RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY FL
OJ/Il/200S at 12:55PM DWIGHT B, BROCK, CLBRK '
RBC PBB 27.00
COPIBS J, 00
16D 7
Return to
\,,,)
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples; Florida 34112
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 !:f- day of February, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Doreen Annette Saunier" (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 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
OR: 4338 PG: 2357
may, at its sole option, collect the impact fee amount in default as set forth in the~r2nDce, 7
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:
Attest IS to Chat
S jljll,tw-. Ofll,"
BOARD OF COUNTY COMMISSIONERS
CaUIFY'OUNT FLOR1D~,
By: :J~
TOM HENNING, CHAIRMA
Attest:
DWIGHT E. BROCK, Clerk
w})rls_es~
Print Name U" (')r rYI."b'j
OWNER:
-'\):yi CCJYl)7( churyc(ej\
Doreen Annette Saunier
OWNER:
STATE OF FLORIDA)
COUNTY OF COLLIER)
2007,
The foregoing Agreement was acknowledged before me this ~ day of .r;ltKU6' k '
by j)rw',,'" lJ, ~'N)I {j , who is personally known to me or has pro uced
P L- D. j.., as proof of identity.
.
,.'~""\ NORMA r ORATRFJO .
; ..ViI.. \1'{CO\1~lssln'\lti'lW}O'3~:
,",~"... 'Xi'1!{I."\1I\.-1IS':"\,~OIO ..
~A.,", . r ~.".
LI!.',l."O"."- ,,,'.L,,,.h'-'J<II'~ _~';JL' ." ..
~,_-,,1V'.~"ftJ\I'V'V""
11~ d~ :il
Signature of Person Taking Ackno~ledgment
J-.,
~
Approved as to form
and al sufficiency:
Recommend A
~ Jef e A. Klatzkow
Chi Assistant County Attorney
rcy Krumbin , MP A
Director
Collier County Housing and Human Services
*** OR: 4338 PG: 2358 ***
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 53, 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
13489 Koinonia Drive, Naples, Florida 34114
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
J. Water Impact Fee
K, Sewer Impact Fee
TOT AL IMPACT FEES
JAK Approved ~~_
160
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
7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 n
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO U
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 arc 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
8
excention of the Chairman's signature, draw a line throuJTh routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
I.Frank Ramsey Housing and Human Service ~ ~//Jlo r
7r
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 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 an: to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336
Contact
Agenda Date Item was 03/11/2008 Agenda Item Number 160 -<6
Aooroved 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 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 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 wilhin 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 03/1112008 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.
11-
n/a
2.
3,
4,
5.
6.
7L.
7;(
1t-
I: Formsl County Forms/ Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
160
8 '.~
Return to
Frank Ramsey
Collier County HIlS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 08-156-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 February, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Jesus Martinez and Irma Yadira
Rodriguez" (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 Forty Two and 46/100 Dollars ($12.442.46), 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 8
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:
pWIGHT E. BROCK, Clerk
By:
Att., u to Ch4i,....,
S j\Jll~t.i:r' ~,",,'
BOARD OF COUNTY COMMISSIONERS
COLLIE/UNTY, ORIDA,.
By: :J<f'J1 D'i
TOM HENNING, ClW
Witpc;sses:
'-/J/{).. (
Print Name I 'J
OWNER:
_.
1(;;7 /." ",
Jesyl~i~~Z~~;~/)
Witnesses: ~,' /J
~irJtUtiA - / '"'~~_/
Prmt Name ~(.' I~ Hi'Hk
O'YNER:
(J'(ny.:y!<<L~
Irma Yadira Rodriguez
~'.\, 'fLf'7
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
The foregoing Agreement was acknowledged before me this ~ day of .:JJJ/J.u. ~~ ,
~.n::~~~ ~~~ ' who is personally known to me or has prod ed
7<11 ~.. as proof of IdentJty.
<r, /'
/ )
Si
Approved as to form
and legal sufficiency~
(
--.LJ
~ Je ey A. atzkow
o - Chie ssistant County Attorney
cy Krumbine,
Director
Collier County Housing and Human Services
160 8
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 38, Liberty Landing, according to the plat thereof,
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, ofthe Public Records ofCoIlier County, Florida,
STREET ADDRESS
3672 Justice Circle, Immokalee, FL 34142
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
TOTAL IMPACT FEES
$100.59
$62.08
$368.18
$750,00
$1,659.00
$2,862.00
$6,059,00
$410,00
$171.61
$12,442.46
JAK Approved _I--.J_
Return to
4139202 OR: 4338 PG: 2353
RBCORDBD in OFFICIAL RBCOROS of COLLIBR COUNTY, FL
03/13/1008 at 11:55PM DWIGHT B, BROCK, CLBRK
RBC FBB 21,00
COPIES J,OO
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples. Florida 34112
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240 F RAMSBY
16D
8
File# 08-156-IF
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this L day of February, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Jesus Martinez and Irma Yadira
Rodriguez" (OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
], This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance), In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A"
3, The term of this Agreement is from the date set forth above until the impact fee is repaid.
4, The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four
Hundred Fortv Two and 46/100 Dollars ($]2,442.46), 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
OR: 4338 PG: 2354
16D 8
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 tlle 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~s .s to Ch4j~,
S IQIl.tllrt CIA!,'
BOARD OF COUNTY COMMISSIONERS
COLLIER YUNTY, ORillA,.
By :JfJ1
TOM HENNING, CHAIRM
Witprsses: i' "
'-1 ) /(lA.. '" l U..)!...)o'u:..d c
Print Name Ii) 11, t flS, I "'Ted..,
OWNER:
'-...
/1 //}, 0 .
1~ /l~~// /)
, , '..t' /
Jes Martmez ' /
~'?Iitnesses: , ,} . /l,
If)thti,l. J f:)/c;:>4~
Print Name A-(Il!t:.Jr/~ l-t<V;df
O')iNER:
(J'/l)l(;fI:?{i~ ~ ~l\Cil"y
Irma Y adira Rodriguez 'j
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
The foregoing Agreement was acknowledged before me this .'-t!:iL day of ~ ~'
~~'::'^~:~.b.~ ' who is personally known to me or has prod ed
, 04'. asproofofldenl1ty.
0' .
)
Si
Approved as to form
and legal sufficiency:
....LJ
~Jef ey A. latzkow
Q - Chie ssistant County Attorney
cy Krumbin, A
Director
Collier County Housing and Human Services
*** OR: 4338 PG: 2355 ***
EXHIBIT "A"
16D
8
LEGAL DESCRIPTION
Lot 38, 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.
STREET ADDRESS
3672 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
TOTAL IMPACT FEES
$100.59
$62.08
$368.18
$750,00
$1,659.00
$2,862.00
$6,059,00
$410.00
$171.61
$12,442.46
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
JAK Approved _1_'_
j'
IORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIt 6 0
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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 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
exccDtion afthe Chairman's si!:!nature, draw a line through routin!! lines # 1 through #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in rautinl>' order)
l.Frank Ramsey Housing and Human Service ~I w/llorr
rn-
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 contact is the holder of the original document pending Bee approval. Nonnallythe 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
information. All original documents needing the Bee Chainnan's signature arc to be delivered to the BeC office only after the BCC has acted to approve the
item)
Name of Primary Staff Lisa Oien Phone Number 252-6141
Contact
Agenda Date Item was 03/I 1/2008 Agenda Item Number 160_"
Aooroved bv the BCC
Type of Document Grant Proposal & Signature Authorization Number of Original 7
Attached Forms 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
Chainnan and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Offiee 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 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',
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 "fBCC 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 03/11/2008 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 licable)
2,
3.
4,
5.
6,
7l-
7-1-
'#-
n/a
7f---
71--
I: Forms! County Forms! Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
^_m'._.'._.'_._",""",,,,~.,,,,, '__".-"'~'._.""" .".'.._'.',' ~"""_.-",_>~,,,,,.___.,,,.'_.,,,,..,.....,,..._ ",., _ _ ,. .". .",~.,.'.~ .
160 9
MEMORANDUM
Date:
March 13. 2008
To:
Lisa Oien.
Housing and Human Services
From:
Martha Vergara. Deputy Clerk
Minutes & Records Department
Re:
Grant Application
Enclosed please find one (1) original document as referenced above
(Agenda Item #16D9). as approved by the Board of County
Commissioners on Tuesday. March 11. 2008.
Please forward a fully executed original to Minutes and Records
once all signatures have been obtained.
If you should have any questions,
Please call me at 252-7240,
Thank you,
Enclosure
160
9~
Project Information and Certification
COUNTY INFORMATION
County Applicant Jurisdictions to be Served
Collier County Board of County Commissioners Collier County. including Immokalee
Local Contact Title
Marcy Krumbine Director. Housinq " Human Services DeDartment
Phone Number FAX Number
(239) 252-HOME (239) 252-2638
Mailing Address Street Address or Directions
3301 Tamiami Trail East, Building H, Room 3050 North Horseshoe Drive Suite 110, Naples, FL
211 34104
City Zip Code
Naples 34112
E-mail Address
marcykrumbine@collierqov.net
Chief Elected Official Title
James Coletta Chairman. Board of County Commissioners
Chief Elected Official's Address (if different)
3301 Tamiami Trail East. Building F. Naples. Florida 34112
PROJECT PROPOSAL I PREPARER INFORMATION
Agency or Firm
Collier County Housinq " Human Services Department
Address Phone Number
3050 North Horseshoe Drive Suite 110 (239) 252-HOME
Contact Title
Marcv Krumbine Director. Housinq " Human Services DeDartment
E-Mail Address
marcvkrumbine@colllerqov.net
COUNTY INFORMATION
What is your county's total population? 326,658 What is your county's LMI population?
(April 1, 2006 estimate provided by the Collier
County Planning Deoartment)
Are the jurisdictions to be served covered by the National Flood Insurance Program? Yes X No
Are the activities consistent with the local comprehensive Dlan(s)? Yes X No
Are the activities consistent with the Local MItigation Strateav? Yes X No
Is a statement of Interlocal cooperation (letter) or Interlocal agreement (existing) with another Yes NoX
local government necessarv in order to apply for, administer or carry out the project activities?
U.s, Congressional District 14& 25 I Florida Senate District(s) 37& 39 I Florida House District(s) 75. 76. 77,
101& 112
HISTORIC PRESERVATION
Will the project or any related activities result in direct physical changes to a structure older than 50 Yes No
years, such as demolition (partial or complete), rehabilitation, restoration, remodeling, renovation, ex- x
oansion or relocation?
Will the project or any related activities result in direct physical changes to public improvements older Yes No
than 50 years, such as stone curbs or brick streets? x
Will the project or any related activities result in direct physical changes to a planned open space Yes No
older than 50 years such as a Dark or plaza? x
Will any project activities occur within 100 feet of a structure, public improvement, or pianned open Yes No
space older than 50 vears? x
Will any project activities occur in a HistDric District listed on the National Register? Yes No
x
If "yes" was a response to one of the questions above, you must contact the State Historic Preservation Office
(5HPO) immediately, Properties that are listed, or eligible for listing, in the National Register of Historic Places
must meet the specifications reflected in the Secretary of the Interior's Standards or Rehabilitation Guidelines for
RehabilItating Historic BuildinQs,
Page 1 of 16
ASSURANCES, CERTIFICATIONS AND SIGNATURES
16n
9"
I, the undersigned chief elected official or authorized representative of the county, certify that this Project Proposal
has been approved by the local governing body and that the county will comply with the following certifications and
assurances as well as applicable federal and state requirements in the administration of any award that is made.
1. Citizen participation requirements will be met.
2. The County will satisfy the Intergovernmental Coordination and Review requirements by submitting required
information to its Regional Planning Council and to the State Clearinghouse,
3, The County will not attempt to recover, through special assessments, capital costs of public improvements
funded in whole or in part with these funds unless otherwise authorized by 24 CFR Section 570.482 and
Section 104(b)(S) of Title I of the Housing and Community Development Act of 1974,
4, Each housing structure addressed with CDBG funds will, upon completion, meet HUD Section 8 Housing
Quality Standards and the local housing code.
S. The grant will be administered in conformity with the Civil Rights Act of 1964 and Fair Housing Act; the
County will affirmatively further fair housing and undertake one fair housing activity each year,
6. An Anti-Displacement and Relocation Plan has been adopted (or will be adopted prior to the expenditure of
funds) and displacement of persons will be minimized,
7, The information presented in this application is accurate, and documentation is on file and readily accessible
to Department of Community Affairs staff.
8. Documentation verifying the service area(s) have, if necessary, been properly surveyed using the appropri-
ate HUD Guidelines and that the number of LMI persons residing in the service area(s) are consistent with
the number of beneficiaries claimed in this application.
9, The County will affirmatively further fair housing and undertake one fair housing activity each year,
10, The County has adopted a Community Development Plan or has adopted the Local Comprehensive Plan as
the Community Development Plan.
11. The County has adopted a policy prohibiting the use of excessive force by law enforcement agencies within
its jurisdiction against any individuals engaged in non-violent civil rights demonstrations.
12. The County has adopted a policy of enforcing applicable state and local laws against physically barring en-
trance to or exit from a facility or location that is the subject of such non-violent civil rights demonstrations
within its jurisdiction,
13. No other source of federal, state, or local disaster funds is available to meet the need for the activities.
14, Submission of this Project Proposal was authorized by the local governing body.
Signatu~:~f Elect
IndividJ;ized
fficial or
solution of the County
.
Date ~/ II J-z.o.t "
ATTE5.H' , '1,
DWIGllt Eo BROCJC... CLERf..
Of~~
Attest Ois to ~~ I
~19'litllrt O4lh. "
'" . 'l '.. ~', '
legal sufficiency
Page 2 of 16
Project Proposal
JURlSDICfION AND SERVICE AREA DESCRIPTION
Collier Countycomprises 2,025 square miles and includes affluence in the coastal area, but contrasting poverty in
other areas, including Immokalee, East Naples, and other incorporated and nnincorporated communities.
16 D
9.
The impact of the 2004 and 2005 hurricanes was widely felt throughout the County, however, the areas most
critically affected included the small coastal fishing communities of 01Okoloskee and Everglades Gtyand con-
tinuing north up State Road 29 through Copeland and into the farming and migrant community of Immokalee,
According to Collier County, damage estimates related to Hurricane Wtlma (October 2005) indicated approxi-
mately 1,500 residences were impacted,
Given the impacts from Hurricane Wtlma, the huge need for affordable housing, and the poor housing conditions
that exist within the Immokalee community, the vast majority of the mBG DR! grant (74%) is again being
allocated to housing in the greater Immokalee community, The remaining funding will benefit single family
rehabilitation and hardening in Collier County to include an emphasis on two Community Redevelopment Areas
(CRA's) - Immokalee CRA and the Bayshore Triangle aA.
A Description of Immokalee
According to the Collier County Planning Department's estimates of population for 2006, Immokalee's popula-
tion was 24,452 and many of the residents are of Hispanic or Haitian descent. The percentage of Hispanic resi-
dents in Immokalee is 71 %, A large percentage of the Immokalee population originally came to work in the ag-
ricultural industry picking crops or working in packing plants, As a result, the Immokalee area also contains some
of the County's poorest residents due to low paying jobs in agriculture and other related sectors,
The rural farming community of Immokalee area is different from the rest of Collier County that is known for its
beautiful beaches and the affluent cities of Naples and "Marco Island, These areas anract wealthy retirees and tour-
ists. The economy of the coastal area revolves largely around businesses that serve this wealthy population such as
hotels, restaurants, retail stores,lawn maintenance, and healthcare. "Many of Immokalee's residents, who are at-
tempting to transition out of agriculture work, find jobs in the tourism and service industries, Unfortunately,
many of these service jobs pay low wages and offer limited or no benefits, A:; a result, income levels of Immoka-
lee residents remain low,
In 2001 Governor Jeb Bush included Immokalee in a multi-county area designated as a Rural Area of Critical
Economic Concern, In 1998, the Immokalee community received the federal Enterprise Communitydesignation
through the competitive Round II Rural Enterprise Community process. Immokalee easily qualified with more
than 40% of its 1990 population falling below the poverty leveL Immokalee has also been designated a "Weed
and Seed" community by the United States Department of Justice and is a Florida Front Porch Community.
The 1990 Census reported that 1,106 housing units were classified as substandard and a 1994 County housing
study identified 1,200 units in need of rehabilitation or demolition, The following table identifies the income and
poverty disparities between Immokalee and greater Collier County and the State of Florida,
Area Per Capita Median Household % of Persons % of Families
Income Income Below Poverty Below Poverty
Immokalee CPD $8,576 $24,315 39,8% 34,6%
Collier County $31,195 $48,289 10.3% 6.6%
State of Florida $21,557 $38,819 12.5% 9,0%
The Collier County Housing & Human Services Department strives to meet the County's anti-poverty goals in
many ways, including seeking and using grant funds,
Page 3 of 16
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9"
A Description of the Bayshore/Gateway Triangle Area
The Bayshore and Gateway Triangle Redevelopment Area is located on the southeastern edge of the City of
Naples in Collier County, US Highway 41 (the Tamiami Trail) is the common boundary of the two sub-areas of
the study with the GatewayTriangle area lying to the north of the Tamiami Trail and the Bayshore area to the
south. The Bayshore and Gateway Triangle area is beset by many problems that are typical of older urban areas
that have been passed over in the wave of newer urban development: dilapidated and vacant structures; inade-
quate site amenities; inadequate drainage and other public facilities; and the reuse of older structures by marginal
or less-desirable users, At the same time, the area possesses a number of assets and presents some clear opportu-
nities that are supportive of redevelopment,
All of the area within the Bayshore/ Gateway Triangle Redevelopment Area is within the AE Flood Hazard as in-
dicated on the Flood Hazard Boundary Map. Zone AE are described as having base flood elevations detennined.
In this area the Base Flood Elevation is between 8 and 9 feet,
Although the Bayshorel Gateway CRA has set aside moneys each year for Site Improvement Grants for home-
owners to receive matching grants from the CRA's tax increment finances, this program is in the early stages and
is limited to homeowners who can afford the 50% match requirement, The Collier County Housing & Human
Services Department endeavors to coordinate with the CRA when appropriate and has committed to allocating a
portion of DR! funds to the area.
A Description of Copeland
The rural village of Copeland is located between Immokalee and Everglades City on State Road 29, The small,
rural community of Copeland has a population of 259 persons and 103 households according to the 2000 Census,
Copeland recently underwent an extensive rezone to allow for redevelopment, Homeownership rates fall below
40% and a common type of dwelling (39%) is a trailer
PROGRESS OF 2005 DISASTER SUB GRANT AGREEMENT
Collier County, in cooperation with the many nonprofit organizations in these vulnerable areas, continues to take
significant steps to improve and strengthen housing and infrastructure to minimize future damage from such
natural disasters, As the result of the 2005 Disaster Recovery Initiative, Collier County has issued five (5) con-
tracts with local organizations for hurricane hardening of farm worker rental units and a homeless shelter, infra-
structure for new homes, generators for water and sewer facilities, and rehabilitation, demolition and replacement
of hurricane damaged homes, In all, 1,672 low to moderate income individuals will benefit from this program and
Collier County will be less vulnerable to future hurricane damage, Collier County's Housing and Human Services
Department is in the process of completing contracts with the five local organizations. In addition, two contract
employees have been hired to initiate and implement the DR! projects, A rehab specialist who has experience
with disaster recovery from Hurricane Charleywill be our field specialist. A grants support specialist with a back-
ground in real estate and contracting will maintain the files, keep the records and income verify potential recipi-
ents. Advertisements for obtaining new contractors have been developed, The local organizations are in the
process of preparing their bid proposals for contractors, Organizations have received technical assistance and
continue to work with the staff of Housing and Human Services to initiate and implement these projects and sev-
eral have indicated that additional funding from the second round of DR! maybe necessary due to cost increases
since the original proposals were presented,
PROCESS USED FOR DETERMINING PROJECT PRIORITIES FOR AMENDMENT
To prepare this Project Proposal, Collier County's Housing and Human Services Department first reviewed
applications received, evaluated and detennined eligible during last year's competitive process to detennine which
applicants had needs unmet by the first cycle in 2006, At the time of the first cycle, approximately $7.2 million of
eligible activities were submitted to Collier County and since the CDBG amount as just over $2 million, several
qualified projects remain unfunded. The applications in 2006 were solicited from the three incorporated
jurisdictions and numerous housing and nonprofit provider organizations, The Housing & Human Services
Page 4 of 16
160
9~
Department also contacted each previous applicant to determine if there were additional unrnet needs that would
qualify for this program. Subsequent to the first cycle, the Housing and Human Services Department was
approached by both the Immokalee and Bayshorel Gateway CRAs with a request that future DR! funding be
corrunined to each area, Staff determined that projects would be funded in the following priority. Currently
funded projects that needed additional funds would be first, Next, top rated projects which did not receive
funding would be next in the funding priority, Lastly, our County-wide rehabilitation program would work
directly with the Immokalee and Bayshorel Gateway CRAS to serve those specific, needy areas,
Collier County's application for Disaster Recovery Initiative funding has and will continue to meet the citizen
participation requirements of this program. The DR! Amendment projects have been publicly noticed in the local
newspaper and the Affordable Housing Commission reviewed proposed funding projects on September 13, 2007,
Due to the timing of the application and the summer schedule of the Board of County Corrunissioners, the
County Manager has signed the application; however, after-the-fact approval by the Board of County
Commissioners will be requested on October 23, 2007, 1bis process is the accepted standard Collier County
process for when a grant application is due prior to a Board of County Commissioners meeting. A copy of the
policy is available if necessary, however, verification of the Board of County Commissioners October 23, 2007
approval can also be provided following this meeting,
PRIORITY DISASTER RECOVERY ACTIVITIES
Of the projects proposed for funding, three (3) are housing projects and six (6) are infrastructure projects, All
projects benefit low income residents and communities throughout Collier County that were impacted by
Hurricane Wt!ma, Since the most severe impact was felt in Immokalee, the funding is focused on Immokalee,
however, projects are also proposed in the rural coastal village Copeland, in a homeless shelter in Naples and in
the Bayshorel Gateway Redevelopment Area,
These projects are consistent with and support the goals and objectives of the Collier County Local Mitigation
Strategy, Specifically supported are the goal and objectives that encourage the reduction of the potential loss of
personal and public property caused by natural, man made and technological disasters and that incorporate hazard
mitigation measures such as wind! flood proofing and target hardening during any rehabilitation of existing public
facilities.
Collier County's recently adopted Local Housing Assistance Plan (LHAP) which guides the implementation of
State SHIP funds is included in the Appendix, as is the CDBG One- Year Action Plan (FY 2007-2008). Any DR!
HAP requirements that are not currently included in the enclosed documents will be addressed during the
contractual phase with the Department of Community Affairs,
All historic preservation, environmental and other requirements will be addressed in more detail as specific
propenies are identified for housing rehabilitation and other eligible disaster recovery initiatives,
Page 5 of 16
160
9~
Service Area Descriptions
Service Area #1: Edenfield Renovation, Immokalee
Edenfield is a community center within the communities of Sanders Pines and Timber Ridge, both communities of very
low-income, with no less than 80% of the residents engaged in fann work. The residents are primarily Hispanic and Hai-
tian, and over 150 children live in these two developments. The building once served as a residence for a wealthy land-
owner who was one of the early residents ofImmokalee. The community building is in extreme disrepair, in part due to age
and in part due to Hurricane Wilma. The project involves renovation of the structure and bringing the building up to cur-
rent code, which will make it stronger and less vulnerable to future storms. The national objective that will be met is LMI
as the 329 residents (beneficiaries) are very low and low income households as shown on Attachment A.
Service Area #2: I-Hope Replacement Housing, Immokalee
This project involves the selection of three owner occupied single family homes that were damaged by Hurricane Wilma to
be replaced with newly constructed units. The damage caused by Hurricane Wilma has created unhealthy and/or unsafe
living conditions and the properties affect are located within the unincorporated limits ofImmokalee and are located in resi-
dential areas of slum and blight. Activities will include demolition/clearance, site preparation, transitional housing, utili-
ties, construction of units, hard cost contingency, proj ect delivery and contingency. The national objective that will be met
is LMI as the approximately 6 residents (beneficiaries) are very low and low income households as shown on
Attachment A,
Service Area #3: Countywide Rehabilitation
Approximately 50 homes that received damage during Hurricane Wilma will be brought up to code and provided with im-
provements to harden them against future hurricanes. Preference will be provided to single family homes in the Bay-
shore/Gateway and Immokalee CRAs, however, the program will be available to all income qualified homeowners who
have been impacted by Hurricane Wilma, Staff members of Collier County's Housing and Human Services will work di-
rectly with the staff of the CRA's to identify owner-occupied homes in their areas that need assistance. Once the homes
have been identified, Housing and Human Services staffwill assist the homeowners in preparing their documents and ap-
plications for income-qualification. Preference will be given to qualified residents of the two CRA's. The Collier County
Housing and Human Services Department, which has experience providing rehab through SHIP, CDBG and HOME enti-
tlement programs, will implement this housing rehabilitation program. Many ofthe very low and low income homeowners
needing rehab assistance do not maintain insurance or can not meet their deductible, however, during the income qualifica-
tion process, lhe issue of insurance or FEMA assistance will be addressed on a case-by-case basis. The national objective
will he LMI The anticipated number of owner occupied households assisted will be approximately 50 unils, ben~fiting and
estimated 200 individuals.
Service Area #4: Copeland Utilities, Copeland
Copeland is a small rural village on the edge of the Everglades and is surrounded by State owned land preserves and envi-
ronmenlally sensitive lands. The Copeland community is comprised of approximately 259 residents who reside primarily
in trailers, mobile homes and some site built homes. The village's water facility is operated by a local resident's co-
operative and sewage treatment is provided by the small fishing village of Everglades City, The sewer lift station and water
treatment plant do not have back-up generators. As a result of Hurricane Wilma's destruction in October 2005, and the re-
sulting loss of power, Copeland residents were without sewer and water services for several days after the storm. During
the first round of DR I funding, two generators were funded, however, the Collier County Housing Development Corpora-
tion (CCHDC) has determined that an additional generator is needed for the community's sewer facility. Permanently in-
stalled generators will allow the households to continue to receive water and sewer service in the event of future disasters.
Prevention/hardening activities are not eligible for insurance or FEMA reimbursement. This prolect meels Ihe LMI na-
lionalobjective. It is anticipated that approximate~v LMI259 residents will benefit{rom the generalors to operate the lift
stations during power outages.
Service Area #5: St. Matthew's House 2001 S, Airport Road, Naples
St. Matthew's House is a nonprotit homeless shelter in need of mitigation and hardening to replace 51 old windows with
impact resistant windows, install two impact resistant sliding glass doors, and provide a generator that will allow the shelter
Page t5 of 16
,.~
to continue to provide food and shelter to homeless residents and assist with meals, showers and otlrQ,eD of fi2 re- '
sponders, rescue workers and other critical staff post disaster. Due to cost increases for materials, this project will fund the
shortfall resulting from the initial project related to installation of 51 impact resistant windows, 2 impact resistant sliding
doors and installation of a generator for this emergency homeless shelter facility, This emergency shelter continued to pro-
vide meals to hundreds of individuals after Wilma as their cooking facilities are gas operated. However, this facility sus-
tained roof damage and lost electrical power. Impact resistant windows and a generator will allow this centrally located
emergency shelter to provide food and shelter to the homeless, first responders and rescue workers and others in need of
food, water and shelter after a disaster. Hurricane Wilma roof damage was addressed through insurance. However, pre-
vention and hardening of this crucial facility is not covered by FEMA or insurance and is important for he community's re-
covery after a disaster. The hardening will occur at one location, 200 I Airport Road South, but the benefit wi\] occur
throughout the community through the provision of meals and shelter to hundreds of Collier County residents. St. Mat-
thew's can provide meals for up to 450 citizens at one time at this site. By hardening this structure, hundreds of individuals
can benefit in the event ofa hurricane or other disaster. This projecl meets Ihe LMI national objeclive. It is anlicipated that
at least 4511 individuals will benefitfrom this project,
Service Area #6: Shelter for Abused Women and Children
The Shelter for Abused Women and Children is the only certified domestic violence center in Collier County. The
center's most urgent capital need is transitional housing. More than 85 percent of the women and children leaving the
shelter cannot afford a safe place to live. To afford a modest two bedroom 800 sf. apartment, a Collier resident would
need to earn $16,10 an hour ($33,500/year), a far cry from the average hourly wage of those served at the Shelter.
Most shelter residents who are employed eam closer to $7 per hour. To meet the housing needs of clients, the Shelter
has undertaken a Transitional Housing Program consisting of building four single-family homes on.77 acres ofland
owned by the Shelter. Located at 2635 Weeks Avenue, Naples FL 34101. Each unit will be built with environmentally
sound materials and will be extremely energy efficient. The homes will be hurricane resistant structures with Dade
County approved glass and fiberglass doors. For those residents who are working, rent will be charged at 30% of their
income. Rent for full time students will be waived, The majority of the project has been funded by the shelter and
private donations. The shelter is seeking the cost of purchasing and installing hurricane resistant windows and doors,
to protect the residents from any severe weather conditions in the future.
Service Area #7: Sanders Pines Apartments and Timber Ridge, Immokalee
The Sanders Pines Apartments and the Timber Ridge homes encompass 75 rental units owned and operated by Immokalee
Non-Profit Housing, Inc, which has been providing affordable farm worker rental housing since 1992, Funding was re-
quested during the first round of DR I funding for repairing hurricane hurricane-damaged fencing and installation of impact
rated windows, however, due to increases in cost of materials, a portion of the second round of will fund the shortfall re-
sulting from the initial project. One unit also includes the administration office of Sanders Pines. Timber Ridge and Sand-
ers Pines were built with State funding in the early 1990s. Roofs were damaged by Wilma and are being replaced with in-
surance and 2006 CDBG entitlement funding. Window upgradeslhousing hardening is not covered by FEMA, insurance or
other programs and is needed to ensure the long term sustainability of these units in the event of future disasters. The na-
tional objective that will be met is LMI as the 329 residents (beneficiaries) are very low and low income households as
shown on Attachment A,
Service Area #8: Immokalee Apartments, Immokalee,
Immokalee apartments is located within the designated Front Porch Area in Immokalee, Florida. Immokalee Apartments
provides affordable housing to low and very low income families. Helping to Sustain the apartments in the event of future
storms and protect its residents is the goal of this project. Replacement of windows and doors and the associated repairs
along with attending to the roof condition should Harden the apartments against future storms. The Front Porch organiza-
tion will oversee this project. Their mission includes promoting and celebrating neighborhoods that have successfully revi-
talized themsel ves as shining examples of community empowerment through grassroots efforts, As well as to foster an at-
mosphere of cooperation and understanding in neighborhoods, empowereing neighbors to create an oasis of hope within
their communities through committed local activism. Front porch also encourages and supports Florida's urban and rural
citizens in their efforts to preserve core neighborhood values and assist them in identifying and strengthening their existing
community assets.
Page 16 of 16
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Attachment K
Department of Community Affairs
Florida Small Cities Community Development Block Grant (CDBG) Program
SIGNATURE AUTHORITY FORM
.......-,-...................
Recipient
" "" """""'" ,~ubt"it~'!grigin~ISign~t<J~-!IJtht)tjtyFt)tTT!w:itf1"""'C()l1t[~ct
, Contract #
[, c::olljl:!r,C:O"~,I1!Y,,~~clgf.c::()~,I1!Y,',c::()I11,I11,i~~i()l1l:!r~
Mailing Address (Street or Post Office Box)
'" "'" '" " .g7[)B:3\,:Q':l:21:()1:?QL
........"-.--.......,
,
,3:JQl:r~l11i~l11i:rr~iIJa~
City, State and Zip Code
S l1,b rn I ~,
iN
Tr'el,crd c
---..........;
,~~.PIl:!~LF"()ricl~:J"p2
Project Contact Person
Lisa Oien
:c:olliE!rc::()ul1ty_I::!()~~il1g~l1cl':ilJ.l11al1!;el"lic"e~
Financial Contact Person
..............,
,
! Telephone 1F
i"Q:J,':l1..?!i,2:2E;!l':l
, Terri Daniels I E-mail Address
U::<lilil:!~C::()lJ.l1ty':i(),usill~~llcl,':i~I11~n!;e,l"Ii~l:!s,,", "" "'""'"" "'"' ",I,tE!fricl~nil:!I~~~()lliE!f9()"'I1l:!t "'""""""""" " """""""'"" '"
Requests for Funds (RFFs) from the Florida Smail Cities CDBG Program require (check one): [ ] one signature [X I two
I signatures of individuals authorized below, No more than two individuals can be authorized to use FloridaPAPERS. CDBG
I contracts require that at least one (1) RFFs must be submitted each quarter and should reflect ail expenditures incurred during
'"tb~trE!l1QrJ:ingPl:!ri<>cl,
! Typed Name Date! Signature
L)i"I11,",M,~"cl,cl_,"" """"'" ""'"' _" "" "" """'" "'" "" ' "'" " '"'"""'""'" """', '
[ ] Check here if the above person will be the E-mail Address
[clE!~i9I1ilte9F'I()ricl~~"f'!:~~~E!r, , " "" '" '" ",
~~gi~me """" '""" '""'" '"""';?~Zdqf;/
'(XjCtleckhere"jii:he above Person wili be the E-mail Address
Icl~i9!!~~e9F'I()!icl"a~A~!:B!i~~r, "'"""""""""""""""',',',"""""""'"",L'i5il()iE!"I1~c()iliE!rg()".,Ill:!L"",,"""'"""""""""""." "" "" """".",. " '"'"",
i ?~~d~ehereiitlie above person wili be the """" J~l<~{ia~fessi~lgn~1J,,~,~Q.j2Vi) ,'"""", m '""""""" '" '"
IdE!~igl1il~e9,FI()!icl"~f'''f'!:~~~.l:!r, L,~,I1~cli~~@"c()lIiE!rg()",I1E!t
........,..........n'n__'_..,_......."...........____..n_m._.'._".
Signature)?'
1. "I,'
IL.::./L
"""'-'.,..,..,..-..,...,..-..,-.-..-..-.."...,..,.,.,...,
--,",.,...
&<e'('L-
! I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for
Funds and to submit RFF's electronically to the Small Cities Community Development Bloc rant Pr r musing FloridaPAPERS.
.-........
rJ~;~~~~~er~ifY:UriOcaigovemment'utiiizesElekr~M~~~SfJ(:gna:rOm~e"
[X ] Check here if your local government will be working on a reimbursement basis.
,
'. .."...."...,..-.---... ---..............-..............".-.,--- ...........,,----_...............".....,
CDBG payments to local governments using EFTare automatically deposited in the local government's general account. If the
account is interest bearing, the CDBG funds must be transferred to a non-interest bearing account. Please call the CDBG
Program at 850/922-1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's
website: htto:/lflair.dbf.state,f1.us/.
"i.cx:ai governments not receiving EFT, and not worldng on a reimbursement basis, must establish a non-intereSt bearing account.
Provide account information for the financiai institution (insured by FDIC) below. All signatures on the account must be bonded.
Name of Financiai Institution Account Number
Fifth Third Bank ",.; ,j,.'{' 'L- 113-8577
StreetAddressorpoStOffice~EST:"""""..'.': ::'..,,' ."""'" -Teiephone Number
l 2~;YS~~:~b~~~i:tO:i~cltnHG1t'f:E;"'BR~f' CtERt.,Qm591:,(;~,':lZ
:. N~plE!s, F'1()ri,cl.~", }"lQ!l
1 ~ II
'~
9 '
Attachment K
Deparbnent of Community Afralrs
Florida Small Cltles Community Development Block Grant (CDBG) Program
SIGNATURE AUTHORITY FORM
Recipient
, ,~UbtI1ft~nqrigi"iJ.I"~g",,tur~.4uti!9r:ity fPrr!I,,!itfleiif!1CSJl1l[a<;t "
" ~ , Contract #
l<::()lIi~rC::O~QtyBQ~rcjQfC::C)~Qty<::O,rr1ll1ission,~.r~" ,
' Mailing Address (Street or Post Office Box)
0?i:>,B,:3\1:Q~:?1:Ql:ZQ1"""
",,~}QII~rr1i~ll1i Ir~,i,I" ,J:,~!;l~""
, City, State and Zip Code
Lf'J~!l!~s,E'c:Jricj~}<lU2
Project Contact Person
, Telephone #
L{?ml??:~14L
E-mail Address
'" " ,~"" ,Lh~Qi~Q@9JIIiE!rg()".Q~t
, Telephone #
!",{2}~J??k?~!l~9~""
Terri Daniels i E-mail Address
Lc::o~~e.r_<::()IJ!lty,f::l()IJSi,'!9,~Qcjf::lIJ!l1~!l~,r\'i~E!~,. '" ,~"~'" ~,~, '" "~,~,~, """"'" ,~" ! ",~~rrid~QiE!I~@~()lIi~rgc:J",nE!l ""~""" '" ""'" ""',""""~ ,~,~, ,~" ,~"~" ,~, "'" "'" ".,,'.,.
Requests for Funds (RFFs) from the Florida Small Cities CDBG Program require (check one): [ ] one signature [X ] two
i signatures of individuals authorized below. No more than two individuals can be authorized to use FloridaPAPERS. CDBG
' contracts require that at least one (1) RFFs must be submitted each quarter and should reflect all expenditures incurred during
L ~ifeae~~~gPE!ri()(j, TDate Signature "." ~"',.,'" ,
Jim Mudd ""'" ,. ..
.. T'jCheckhereii'iheabOve person will be the
',cj~i9.n,~~~c:lEI()r!c:l~I'~PJ:~USE!.r, ",'
' ~i~gi:~me ".". .""" i~~(<';/q~
'rXjCheckhere if the above person will be the ! E-mail Address
:cj~~igQ~~~,!,I()r:!cj~P~!'.J:~~SE!r, '" "".,. ~ ~"'" ".,'. ",..Lli~()i~Q@9JlliE!!g()",QE!l. ,~".,' .,"~'" """. """",."". "~"" ""'" "" ~,
, r~~d~ehereji'iiieabOve'person will be the ~"""'" t~~'jd~fess ~"'" !~i~n~~~Q ",IJ~
LA~~i9n~tE!<lEI()ricj,aJ'~p.J:~~~~r. ""'" ,., ~L~n~c:li~~@~()lliE!rg.()",QE!l "",.,.~~"~, "" .'"" '" ,~"
Usa Oien
L",C::O,I,lie!S:(),IJ!ltyt:tc:JIJ~iQ9a,Qcjf::lu!l1an~r\'icE!s """
Financial Contact Person
.nj
""i
E-mail Address
~-,"""" """""',.,",~.. '~""""'.."'~".." "'",,..
,Signature U '
... ...." i .._,--,_.,-",.,_.--_."._,....,..._-_..,.2!::2,~~.~:__,_ .., .,.,__'__~..~:==.,."..
."n.-.m_....."_n_.i
i I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for
Funds and to submit RFF's eiectronically to the Small Cities Community Development k Grant P ram using FloridaPAPERS.
"'"___..n.._.,
,
ir~;~~~;~;ei;;O~;I~,gOVernmentutilizesEI~~~VL~~SfJ(:g ;~~,
[X ] Check here if your local government will be working on a reimbursement basis.
CDB<; paymentsio local governments using EFTare automatically deposited in the local government's general'accouni. If the
account is interest bearing, the CDBG funds must be transferred to a non-interest bearing account. Please call the CDBG
Program at B50/922-187B or 4B7-3644 if you have questions, You can check the status of your deposit at the Comptroller's
' website: htto:/lflair.dbf.state.f1.us/.
Local governments not receiving EFT; iJnd not working on a reimbursement basis, must establish a non-interest bearing account.
Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded.
Name of Financial Institution Account Number
, Fifth Third Bank ,1 , , , " "',.1.!}:!l5?7
Street Addressor Post Office BOfuEST:' """.,' -;;;,. , Telephone Number
2~;~~~:~~~~~~~d"""" OWl~f:f'I':'~:~~'K, '~H:~(?m~n:6~~?
, N~ples1 Floricj~341Q!l~~i " ", , ""."'~, '.. ",J
At~stv:tJ~Y ',~ i
$!'JIIJtllre OO}'.'" '
legal sufficiency
r\llnhr A tt{)rn",,,
Attachment K
1 ~ T1
9'"
Department of Community Affairs
Florida Small Cltles Community Development Block Grant (CDBG) Program
SIGNATURE AUTHORITY FORM
Recipient
""~ubrrJit~"ori!li"iJf~i!l~tlll''!",../JtJlprjtyf'<?r!r!"v;jth"e~clJcp,,triJct,""
, Contract #
'" C:9!liE!rC:9Yl1ti~rcJ9fc:ounti(;QrT1mis~i911E!r~ '"
Mailing Address (Street or Post Office Box)
3}QtI~rT1i~lTliTr~il,,~,~,S!, ,
City, State and Zip Code
QZ[)B:~\l:Q~:21:Ql:;z:Ql
, ,1Il~p!E!~LElQrjcJil"~:'!U?, ,_
Project Contact Person
"
....---"-............-..
: Telephone #
"""(2m?~?:l?I:'!I,,
! E-mail Address
,Lli~9iE!n@1~91IiE!r99v,I1E!l:,
! Telephone #
L(?3~)?~?:?l?13~"
Terri Daniels ! E-mail Address
: CollierCoul1!Y Housing al1d HUITl"~n,!5E!rvi~E!!' "" """""""" "LterricJ~l1iE!I~@19911!E!rgg~,I1E!l:,'" '"'""" ","",,",".'
," "RequeSiS"for Funds'(RFFs)'from the Florida Small Cities CDBG Program require (check one): [ ] one signature [X ] two
signatures of individuals authorized below. No more than two individuals can be authorized to use FloridaPAPERS, CDBG
contracts require that at ieast one (1) RFFs must be submitted each quarter and shouid reflect all expenditures incurred during
"tl1~trE!P()rtingperi()(j.
! Typed Name
Jim Mudd
I}Check here if the above person will be the
'" "cJE!.sJ!l!!~tE!Q"ElgricJ~~ile~g~Y~r, '"
Typed Name Date ',/
Li~Qien """'"" "'"'"" """ "'""""'""""',,?!~/lq-e,
t X ] Check here if the above person will be the E-mail Address
L, "cJE!~igl1,~tE!cJ,EJgriQ~~Ae~~Y~r,,"" " "'" , "",LIi~9iE!n@199UiE!rgo~"I1E!t,""' "'"""""" "" """"""" """""""""""""""","""""""","""''""
,~~t:~e """""""""" """"'" . DE:_'!Jm'."~a,21;iJA/dCdQr'.'e""'ss ,"!Si=nat~.~~JJlfiJ """",,,,'u
'Tj(jCheckhere if the above person will be the~fr
LcJe~i!ll1~tE!Q.ElgricJaJ'ilJ'~"~Yser, """",.Lan~cJlaz@1"<:QliiE!r99~,I1E!l:,
Lisa Oien
l c:olliE!r<:9YI1t:y,t-lo~~ing~ncJ"HulTl~,I1,',~,E!,rvices,"
Financial Contact Person
Date
""'" " ""'" iSignature
E-mail Address
":'."',',","',"',',',","",',',',","',"',"',,',"","~",',",,','",',",',',",',',",',',',",'
: Signature ' "
L _ ..... _ . .._.... -< _,,~?c'..~_
"'""""7':""""""'"
C~/,~"'-
"""""_"""''','._m_m___,..._......._"....
I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for
i1~~===~~ii-;~~.. "m""~~~""'~
[X ] Check here if your local government utilizes Electronic Funds Transfer (EFT) from the State of Florida.
[X ] Check here if your local government will be working on a reimbursement basis.
'CDBGpaymentsiOiocaigovernmeniiusingiFTareautomaticaliy deposited inthel"ocal government's generai account. If the""" '.
account is interest bearing, the CDBG funds must be transferred to a non-interest bearing account. Please call the CDBG
Program at 8S0/922-1B78 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's
website: htto:ilfiair.dbf.state.fl.us/.
Local governments not receiving EFT, and not working on a reimbursement basis, must establish a non-interest bearing account.
Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded,
..m.........".,
Name of Financial Institution ' Account Number
,.Eift.h_TbirQ~~I1,~",""".","""""",.,.""",, '" ,""u"""""",,, t 13-8577
Street Address or Post Office B'frr ; <"', Telephone Number
.,2~;~~~i~b~~~t~';a~acJ"","'" "Dwi~~+:l; 'SlfOC'K;'CLEHk(?m~~l":6,~~?",,,
""'"".""',,..,"'- "'~w~
~ \<JiI.t...t.llAl,~
& legal sufficiency
Attachment K
160
9'1
Department of Community Affairs
Florida Small CIties Community Development Block Grant (CDBG) Program
SIGNATURE AUTHORITY FORM
[Recipient """".",.".,..',.""""."."",
""""",~/Jt)'!'it~f1.9rifli~I~Jg@.tur~,-!.I!tf>.grityf}:Jrrrl_wJtf>..""~hCOf1I!~q,
, Contract #
'., "I
,Collier ,C()~~tyBo~rr:l()tCo~nty<::()l1ll1li~si()~~rs
"Mai"iingAddress (Street or Post Office Box)
'" 3~01 Tall1.i,~,I1lLIr.,a,i,',J,~,!;1:,
"CitY;.State and Zip Code
Qll[)El:D3,:,9.'l:,21:01,,:,~3
.................
N~pl~s,J=1()rir:l~341g
Project Contact Person
-....-.........."'...........-..".-......".........,
Telephone #
:(?~'l)2~?:~1'11
E-mail Address
".'.," ,Lli!;!l()i~n~~()lli~rg()v,~l!1: '" ".", "" . "",.,."",
! Telephone #
1(2~'lll~?:?~Il'l
, Terri Daniels : E-mail Address
i Collier C()~~ty HllUSi~911~r:l!:l~l11a~.~"'!~l!S."L,tE!r!ir:l1l~i~I~@<:()llierg()".~l!1:," ""'" ".,., .". "". """ """,.""."""",,
'.Requests for Funds (RFFs) from the Florida Small Cities CDBG Program require (check one): [ ] one signature [X ] two
' signatures of individuals authorized below, No more than two individuals can be authorized to use FloridaPAPERS. CDBG
contracts require that at least one (1) RFFs must be submitted each quarter and should reflect all expenditures incurred during
Lt:.t'-~1:r~QQr:ti~gJ)l!ri()r:l, "
: Typed Name
:, }il1lr-1~r:l<:l. ". u ."".",.
[ ] Check here if the above person will be the E-mail Address
!~~l~~~=:::~~:~E:~~:rson will be the :;~~~i~? ' ..."'signature1{,;,"CC;;: ,."... "'" """.............'..,'
Lr:ll!Si9DlIJ~I'I()ridll~AI'E~~!;l!r" "".,"""""'" """"""""".""". ., ".ili!;!l()Il!n~~()llierg()",Dl!1: ""'""""""",."",, """ """""'" """,.""
"I,.:, :["'yx~].Pcth~emC"k'.~h.e'."re".....'i'f.t"'h'Je'..."'a'll.vbo'}v""eJlpe"""'~n' ,'w"""i"I'I'.'b"e.th"""""e"",'"DE",:2-,?mtj.a""'~i"I""'A'd"'dlrGe""s''lls. JSignatur~~ ~d iJJf1
'!~ """.,.""""""""""", '.' "":::?'
,d~~ign~t~l'l()rid~~AI'~~~!;~r. ,'"".""" , "'" ""',L~~~r:lia~@<:()lIi~rg()".D~t "" u, '" ." .' "" ""'" ,. ". ',..".._""
1
I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for
Fun~s and to submit RFF's electronically to the Small Cities Community Develo~pent BI k Grant Pr ram using FloridaPAPERS.
~~ .~~L ~~r .
Tom Hennin& , .. ~ 1/ ,ZdO.(j SZ'rL____
[X ] Check here if your local government utilizes Electron Funds Transfer (E oli{ttieStat
[X ] Check here if your local government will be working on a reimbursement basis.
Lisa Oien
:<::ll~~IJ!c;:l:l~~tyt:l()~!;in9,~nr:lt:l~1l1~~Se"'icl!S
Financial Contact Person
Date
: Signature
......."" "_....m......._n"._.....m..__"............... ........ .-.......
CDBG payments to local governments using EFTare automatically deposited in the local government's general account. If the
account is interest bearing, the CDBG funds must be transferred to a non-interest bearing account. Please call the CDBG
Program at B50/922-1B7B or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's
website: htto://fIair.dbf,state.f1.us/.
Local governments not receiving EFT, and not working on a reimbursement basis, must establish a non-interest bearing account.
Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded.
Name of Financial Institution , ,I" ';( , Account Number
, Fifth Third Bank ,':l,' /, ' 113-8577
'Street Address or Post Office B~ "s ,'rT!" ,,, . Telephone Number
. 999 Vanderbilt Be~ch Road A! ~ Ltl' '. ''- ~:., "'~"Lf!}< ~ (239) 591-6397
City, State and Zip Code ~Diii' Gifr r.. IS~ ";'" .' ",J-
Naples, FlOrida 3410B ,,", F:' " ,
J1"i. _ _ _ Approv"\l-as [
() [""puty i!rK "
Att.ut IS t., Cl\.t n.... s
".4,...." ....." _._ ..._,
m & legal sufficiency
16 D
,.t1
9
Attachment K
Department of Community Affairs
Florida Small Cities Community Development Block Grant (CDBG) Program
SIGNATURE AUTHORITY FORM
Recipient
..,',!iI1.l1r[1!U!n.Ori9.in.a.l!il{fn.~h!!~,..l1.tlJqrJtyF()rTT1'Y.itIJ.~acl1C/J.n.traq,
Contract #
Ci:l.ml;!I"!=Q~D!Y,,~.r<<:l,,(lf!=Q~~1:y!=Q'!lll1i~~iQ~ers,,.
'.Mailing Address (Street or Post Office Box)
()flQEl:[)~:~:21:0~:m
:",}~QtI~ll1iall1,i,Ir~i1l:a~t
i City, State and Zip Code
ll'/~pll;!s,FIQri~a},!U;Z
Project Contact Person
....."_. "...................-
Telephone #
[m',lJ:Z~;2,:Ei"l,'!l,
E-mail Address
:li~Qil;!~@<:Qlli~rg(ly,nl;!~ ""'" .",""""", """""",., "."",'.",.""", "" ",.".",.
Telephone #
.,,(;2~',lt2~;2:;2Eifl',l
Terri Daniels E-mail Address
,!=Q~il;!r<::Q~~1:y':fQ~~~~9,~~clli~ll1~n!;e",i~l;!s. """" ",."" ",., .,".'.'m .,.,.",. ,tl;!r.r:i~~~i~~@~Qliil;!rgQy,~l!!, .""""."."". ,'""."",.,.".. ..".,.""",."'.,,
Requests for Funds (RFFs) from the Florida Small Cities CDBG Program require (check one): [ ] one signature [X ] two
. signatures of individuals authorized below. No more than two individuals can be authorized to use FloridaPAPERS, CDBG
contracts require that at least one (1) RFFs must be submitted each quarter and should reflect all expenditures incurred during
:thatrl;!PQr!ing~ri()(j,.,
, Typed Name Date
Jim Mudd '" ".
'I}Ctieck.hereif the above person will be the E-mail Address
l ~~~.i~~:IQri~~I''''f>I:R,?~~~r" . ',]"',',',','I),,"','a,,",t:,e,,',",'~,;,, ',/., / ",'j7"",~,','.,,.o',',"',',',signat:ure
, Li~,9ien "" """",." ,.,. "" ,., '" ""'" .,."",.,."", / L Z<o
[X ] Check here if the above person will be the .'" ".,. " E-mail.Address. .",
:~l;!~ig!1~~E!ll.FIQrl~I''''I'I:R,?u~r, .Lli~Qi~~.@,QUil;!rgQy.nl!! ,.'.,.'"""""".".",'.'""""""
i~.:;~i~~~ .".'""".""", ".,.,." ,."""" "'" .'.'."".,. "'.'."""".""'_ ~~~doJ:, ""'" J,~ign:b2~4,lGJ{iiy
[X ] Check here if the above person will be the E-mail Address
,~l;!~ig~~tl;!~JIQri~,al''''f>I:R,?~~r,.L~~a~i~?@cQllil;!rgQy,~l!! '" '" "" . ,.",.""",.
Lisa Oien
l<::QI!il;!r,!=Q~n1:y':fQ,u~ing~!1clli~ll1an!;e"'i,E!S"".
' Financial Contact Person
.........1
Signature
,..}i!;;"'?;~.'~""",.,.. .".""", ".,.
._._~ __.___..mn'i
I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for
Funds and to submit RFF's electronically to the Small Cities Community Development k Grant ram using FloridaPAPERS,
.....m.n...........
- - --- ---... - I - ..
_~:~~:~g , , .. D3711/utL ' Si9~
[X ] Check here If your local government utilizes ElectronkFunds Transfer (E frt?ni-the.Sta e of Florida.
[X ] Check here if your local government will be working on a reimbursement basis.
..
['CI)BGpayments to locaigovemmentSusiniJiiiareautomat:icaliYdeposit:ed"'int:heiocalgovernmentisgeneralaccount:: "iithe
account is interest bearing, the CDBG funds must be transferred to a non-interest bearing account. Please call the CDBG
Program at 850/922-1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's
website: htto:/lflair.dbf.state.f1.us/.
"'LocaigovernmentSnoirecejvjngiFf,andnotworkjngona ;ejmbursementiiiisis,muSt:eStablish a non:int:ereSt bearing account:.
Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded.
Name of Financial Institution
Fifth Third Bank ,..I '( i,', .
r..".......--.............n""."'."..m...______......._.,'.............._......._."."..".,........_.nm_.._'.......m.....__.._.'m.."'.''''.....,_......<<.....m...................___"~'~'__'mmm''''''''_.m._..__.." ".'.
Street Address or Post Office B.Cll',. < i,.' " .." "\.
999 Vanderbilt Beach Road AI.. f.: ,~<'f. , i i I >i
."'ci1:Y;"St:at:eandzipi::OdeD'iIGt;r"'fJl>m~;"""C[tf'"
LI'/~pll;!s/FIQri~~3,!,19fl ~_ """,;~
...........-....."'.
Account Number
~P:8~!7
Telephone Number
,,(2~',l1~',ll,:,Ei~',l7 """""., """ "" ,. """",. .".'.""",.""",."".
~plit'Y
AtUJt as' tOfC~.,1,r'lJ4R I
Cfl'Ula.......... _ ~ 1
App
m & legai sufficiency
J effre A. Kl
Chief ssista
kow
Count v Attornev
Attachment K
16D 9
Department of Community Affairs
Florida Small Cities Community Development Block Grant (CDBG) Program
SIGNATURE AUTHORITY FORM
Recipient
"" ,~lIbtpit~ngrigifl~/!iigfl~tu!e~lIth(,!itYF()l711",/'{itheacl1CfJ(/tr:~q.
! Contract #
<:ollier9>.~~1:y!l9~r(j()f9>u~ty,<:Ol11ll1i~~i()n~r~
Mailing Address (Street or Post Office Box)
08DB-D3-09-21,Ol-ZZ3
l~;3QJI~ll1ial11,i"Ir,~i,IJa~"""
City, State and Zip Code
lN~pl~,LEI()ril:l~3",1J~ ""
Project Contact Person
, Telephone #
l{~m~5,~,:~,l"l"
E-mail Address
""" ,Lli~()i~~@CCllli~rg()\f,~et
Telephone #
.,"",(?~'3)J??:~6!l'3
, Terri Daniels E-mail Address
9>1I!l!I'9>~!lty.1:!0.!:l~!!l9Jl.!l~':I~,I!l~!l,~r:\fi~~~, ,,"" "'" "",. .,.,."., , ". " """",,[ t~rril:la!lieJ.!;@~()lli~rg()v,,!l,E~t: .""""" ,.,. "'" ,."", . . ".""""",,'.,. ,.""".
Requests for Funds (RFFs) from the Florida Small Cities CDBG Program require (check one): [ ] one signature [X ] two
signatures of individuals authorized below, No more than two individuals can be authorized to use FloridaPAPERS. CDBG
contracts require that at least one (1) RFFs must be submitted each quarter and should reflect all expenditures incurred during
.,',tI1,~t~llClr1:i,~gperi~"","
Typed Name
. )iI11M.l'l:ll:l.,,"
'[ ] Check here if the above person will be the
l".l:le.!;i9.~,~,~~EI()ril:l.~I'N)I:~~ser,
Typed Name
Lisa Oien
(x TCheckhereif the above person will be the
:l:l~~igr1~~~Elo.r:lc!~~A.I'I:~.~.~~r.,.
, Typed Name
Ana Diaz
(XjCheckhereif theabove'person wii,be the
Ll:l~ig~<lt~fl()ril:l<l~A~I:~~~r"",,'
Lisa Olen
19>11~.r:<:()Il.!ltyl:!()U~i!l!I~!ldH~I!l~!l~r:\fi~~~" .
Financial Contact Person
,
..............-.-. ....".-...-,
Date
iSignature
E,mail Address
i Da~ it' ;48' Signatureg{';
fE=mailAddress
"'" """ Lli~()i~!l@~()lli~rg()\f,n~t.
t~L~Jlt)~ JSign~tu~,Q~
l E-mail Address
""" ,L~~<ll:lia~@~()lIi~r9().\f,I1~t
r;:"""""
v'~.(C'-,--'--
-- ...... ..~
,~,~"'"
i I certify, as the recipient's Chief Elected Official, that the above signatures are of the indo iduals auth rized to sign Requests for
Funds and to submit RFF's electronically to the Small Cities Community Development B k Grant P. ram using FloridaPAPERS.
n.n.."._.__._.... - ......-........"... .~..._- ..".... ,,-.-........."."---... . .... __ ._.,_... ."1""". ...._.'..
l'l~h~~~~ereiiYouriocaigovernmentutiiizeSEiek~!/JJ~~J~~:~omt;'e Stateot'Fiorida:
[X ] Check here if your local government will be working on a reimbursement basis.
.,....,......_..nn'_."...'."...,...'.__m.n'..".....,.."....n'__......_...........".".__...__n__,.__.........,.."...'..'n_..__."._".....'...'.___m'n__."....,..,..,.."...______"....."..'..'.n___n...'..,',.'.....'n__._....'..""'.".'n.n.n..."__"'.....,,...______.n'n.......".'''...n..n...'''''.,.........".._'''''..,._.__..m..''_........"..._.'m__."."..'....n. n""""..'.n'""" " "."...n'. n."",,,,.,,_.__.
CDBG payments to local governments using EFTare automatically deposited in the local government's generai account.' If the
account is interest bearing, the CDBG funds must be transferred to a non-interest bearing account. Please call the CDBG
Program at B50/922-1B78 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's
website: htto:/lflair.dbf.state.ft.us/.
Local governments not receiving EFT; and not working on a reimbursement basis, must establish a non-interest bearing account.
Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded.
.-.........._.--....
Name of Financial Institution Account Number
Fifth Third Bank ~: ) ',1 '( :1', , 113-8577
---... .-- -- ..... . v - ~....,..". ......"_n..".....,.,..,..,..,..,., ....".,.
Street Address or Post Office ~'f'rFO:~' ~,' ,'" ':.: Telephone Number
~~,~~~:~~~ ~t~':~d DIU;;';; i3'i,k)(i:;/~t.H'~'(?~'315'31:~397
,;,,? -,
, N~ples, FI()ril:l~3"lO!l
& legal sufficiency
ow
Olmtv A ttnrnr>v
lbtJl1"
MEMORANDUM
Date:
March 12, 2008
To:
Marlene Foord, AICP
Grants Coordinator
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Artificial Reef Construction & Monitoring Grant
Application For Fiscal Year 2008-2009
Please find three (3) original documents of the above referenced document
(Agenda Item # 16D11) which was approved by the Board of County
Commissioners on Tuesday, March 11, 2008,
Please forward a fully executed document to the Minutes and Records
Department after all signatures have been obtained.
If you should have any questions regarding this item, please feel free to call
me at 252-7240.
Thank you.
Enclosures
16:....
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 tbrough #4 as appropriate for additiooal signatures, dates, anellor informatioo needed, If the docorneot is a1rcady complete with the
CXCCIltioo of the Chairman's si2D8lUrC, dr11w a line duoool routin.lines #1 th~,.. #4 cnmnlete the checklist, and forward to Sue Filsoo (line #5).
Route to Addressee(s) Office Initials Date
!List in routino order)
L
2,
3,
4,
5, Sue Filson, Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval Nonnally the primary contact is the person who createdlprepaml 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
infonnalioo. All original documeots n=Iing the BCC Cbail1Jl8ll's silll1l1lUR: arc to be delivered to the BCC office only after the Bce has acted to approve the
item.)
Name of Primary Staff Pamela Keyes!Marlene Foord Phone Number 213-2980/252-4768
Contact
Agenda Date Item was March II, 2008 Agenda Item Number 16DII
Approved by the BCC
Type of Document Grant Application Number of Original I
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark ''N/A'' in the Not Applicable column, whichever is
I.
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 ssib State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other . es exc 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 licable,
''Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si and initials are r uired.
In most cases (some contracts are an exception), the originaI 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 Tallabassee 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 March 11. 2008 (enter date) and all
changes made during the meeting have heen incorporated in the attached document.
The Conn Attorn's Office has reviewed the chan if a licable.
~
\\-
~
2.
3.
4,
5.
6.
I: FonnsI County FonnsI Bce FonnsI Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
/'
16D I'
"
FWC DIVISION OF MARINE FISHERIES MANAGEMENT
ARTIFICIAL REEF CONSTRUCTION GRANT APPLICATION
AppIIc:ant ~ Manager
Name at local coastal government, unive,..lty, or eligible not-for-proflt corpol'lltion Printed Name, Title
Collier County Pamela Keyes, Environmental Specialist
Mailing Addres. Mailing Addre..
3301 Tamiami Trail East 34112 3300 Santa Barbara Blvd
Physlcal Addre.., for courter aervlce, wtth zip code (If different than malllng address) Physical Addres., for courier aervlce, with zip code (If different than mailing address)
City
Naples
Zip Code
City
Naples
Zip Code
34116
Telephone
(239- )252-2980
(239 )353-4061
Telephone
(239 )252-2980
FEID Number
Emall.delre..
Pamelakeyes@colliergov,net
Is true and
to the beiIt of
3\111o.r
Tl"J('(\
l--\ ~f\ ('\, IVA . <:J\':... (' tV'an. ~
'-'?' '
Printed Name and Title
Signature of Applicant
Date
< ,;, " "'" " "
, ~~I"'~ "
"" ,',' , ,
Name of Proposed Marco Island 12 Mile Reef Site
Reef Project:
Types of Material Clean concrete culverts, junction boxes
Proposed for Deployment:
Amount of Material (tons),
and/or Number of Module Units Approximately 948 tons
Proposed for Deployment:
Proposed Coordinates N25 54.523 W81 59.075 Depth (ft.): 45
LA T/LON decimal minutes:
Grant Funds Requested: Matching Funds (Cash Only): Total Project Cost:
$ 60,000 $ 0 $ 60,000
(a<<ach letter stating cash match amount)
, ArtlfIc;Jld... ~Ptll'llllt~
(to be ~ for lIIIdI pe.,~... toIle ~;pemrlfs IIJUSf be valid through J_2OO1)
Name of Permit Holder: Collier County Board of County Commissioners
(if different than applicant. attach a tetter of authorization from the permit holder to use the site)
Name of Marco Island 12 Mile Reef Site
Permitted Site:
D Check here if the permitted site is located in State waters
USACOE Permit Number: 200004023 (IP-DY) I Issued: 2128 [2001
I Expires: 2/27 12011
FDEP Permit Number: N/A I Issued: 1 1
(for sites located State waters) I Expires: 1 I
D Check here if information for additional permitted sites is attached,
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16D11
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CAll FOR ARTIFICIAL REEF CONSTRUCTION AND
MONITORING GRANT APPLICATIONS
FOR FISCAL YEAR 2008-2009
FLORIDA FISH AND WilDLIFE CONSERVATION COMMISSION (FWC)
DIVISION OF MARINE FISHERIES MANAGEMENT
The Florida Artificial Reef Program within the FWC Division of Marine Fisheries Management anticipates
the availability of up to $400,000 in U.S. Fish and Wildlife Service Federal Aid in Sport Fish Restoration
Program funds, and an estimated $300,000 in state saltwater fishing license revenues for artificial reef related
activities. These funds will be made available through a grants-in-aid program for artificial reef construction
on a cost reimbursement basis and for science-based biological or socio-economic artificial reef monitoring
projects on either a cost reimbursement or fee schedule basis,
This year's application form is the same as last year's form, consistent with "The Florida Artificial Reef
Program" rule, Chapter 68E-9 FAC. As in last year, a cap of $60,000 is set for an artificial reef project per
fiscal year, and any project request greater than $60,000 will require additional information pursuant to
Chapter 68E-9,006.
Two applications are enclosed with this announcement, one for general artificial reef construction, one for
general artificial reef monitoring. Applications for other complex planning, research and evaluation projects
must be submitted in a formal proposal describing all details of the proposed project. Only one application for
each type of project will be accepted from a given applicant. Eligible applicants include local coastal
governments, State of Florida public universities and certain nonprofit organizations (one of whose principle
charges as stated in By-laws or Articles of Incorporation is the construction and/or monitoring of artificial
reefs), pursuant to Chapter 370.25, F.S. and according to the provisions of Chapter 68E-9 FAC. Other
interested entities would need to work in partnership or be subcontracted by an eligible applicant entity.
If multiple entities are submitting the same category of application from within the same county
geographic boundaries, the highest ranked single project from within the county will be selected for that
category.
ADDlications must be received no later than Fridav March 21. 2008, bv 5 D.m.
Artificial reef construction applications will not be considered unless
accompanied by documentation of a permitted site valid through June 30, 2009.
Any previously unsubmitted Materials Placement Reports (i.e. both grant and non-grant funded)
must accompany all applications for all reef construction projects completed by the applicant In FY
2007-08 (as required by Federal artificial reef permit conditions),
Grants are awarded on a competitive basis. Competition for grant funding is expected to be high this year
for the anticipated $700,000 funding. Last year $946,753 million was requested. The evaluation and ranking
of applications is accomplished through a numerical rating process involving multiple independent reviewers
and based directly on the provisions of Chapter 68E-9.005 FAC.
Applicants should be aware that the FWC requires grant recipients to provide a substantial amount of
contract management and project oversight, including direct supervision of all subcontractors, All applicants
are strongly encouraged to develop and formulate a long-term plan for the development of artificial reefs in
their geographical area and monitoring of their effectiveness. For any additional information regarding the
artificial reef grants program, please contact Jon Dodrill, Bill Horn, or Keith Mille at the letterhead address
listed below or by telephone at (850) 922-4340. Staff are also available to provide pre-application consultation
prior to your submittal.
Notification of conceptual grant awards will take place by June 15, 2008, Confirmation of project funding
levels will be known by July 2, 2008.
Applications should be sent to the Artificial Reef Program at one of the following addresses:
620 South Meridian Street, Box # 4B2, Tallahassee, Florida 32399-1600 (mail)
2590 Executive Center Circle East, Berkeley Building, Suite 203, Tallahassee, Florida 32301 (courier)
All APPLICANTS MUST SUBMIT RESPONSES TO THE FOllOWING AS ATTACHMENTS
CORRESPONDING TO THE INDICATED NUMBERS:
Project Site Selection and Environmental Assessment
1, A general location map using the most recent NOAA nautical chart showing:
a, The chart name, chart number, and date of chart;
b, The coastline adjacent to the proposed deployment location:
c. The bearing and distance (in nautical miles) from a described navigational marker
or distinctive topographical feature (e,g, mouth of inlet) to the proposed deployment
location... ... ... ... ... ... ".... .. ...(a-c,required documentation)
2, An accurate and legible site-specific map (recommended on 8 1/2 x 11 paper) of the
proposed deployment area showing:
a, Compass rose with a north arrow, scale, and legend;
b, Name of permitted site;
c, Dimensions (in feet) of the permitted site (length/width for polygons, radius for
circular sites);
d, Area of the permitted site in acres and/or square nautical miles;
e. Center and corner coordinates in latitude/longitude format as described in the Army
Corps of Engineers permit If the original permit uses LORAN-C coordinates to
describe the site, the applicant must obtain GPS coordinates for the center and
corners of the site using a vessel equipped with both types of navigational
receivers, lORAN-C coordinates alone are not acceptable:
f Directional orientation of permitted site in relation to the compass rose;
g, Overlay of the permit corner coordinates with the most recent NOAA nautical chart
and compare the permit comer coordinates with the charted permit area, Discuss
any discrepancies between the NOAA charted site and the permit:
h, Minimum and maximum water depths (feet, ML W) for the permitted site:
i. All previous public reef deplovments in the permitted site and the proposed
deployment with a reference number for each:
j, A table (on a separate page) which lists by reference number the deployment date,
type, amount of materials, and coordinates in latitude/longitude for each prior
deployment and the proposed deployment in the permitted site.
k. The location of the closest natural habitats (e,g" hardbottom) to the deployment
site... .. ........ . .. . ... ... ......... ..... ... ...... ......{a~k, required documentation)
3, The results and a discussion of a bottom survey for the proposed deployment site which
includes the date the survey was accomplished, the type of survey used (visual or
fathometer), an estimate of the total area surveyed (in square feet) and a description of the
sediments or occurrence of natural hard bottom and/or existing artificial reefs observed,
Provide confirmation that there is no natural hard bottom or seagrass habitat within 150 It,
of the deployment site, Note: visual surveys by SCUBA are required at depths of 100 fsw
or less ......... ...... ............... .... . .............. ....{up to four points)
4, An environmental assessment that justifies the project site based upon minimum
environmental impact The environmental assessment should include a description of
potential onsite, offsite, and cumulative impacts of the proposed artificial reef construction
project on vegetation, threatened or endangered species, fisheries, wildlife, water quality,
and cultural resources ....,..,.., .....,..........,..,................,..,........,, ........(up to five points)
5, A discussion of the availability of other relevant prior biological, or environmental data
associated with the proposed reef site or general reef vicinity .. ...., ......,(up to four points)
6, A discussion of the range of wave height, current velocity, temperature, salinity, visibility,
tidal range, and other physical oceanography conditions and how those factors may affect
the project... .. ...... ... ...... ... ...... ... ... ...... ... ." ... .. ....... . ................(uptofive pOints)
7, Material Placement Report Forms for any previously unsubmitted non,FWCC funded public
reef projects completed during the last calendar year (as required by Federal Permit
conditions), listed by material type and deployment date. ,.., .......... ......,(Statute requirement)
8, The number of existing artificial reef deployments within a 0,25 nm radius of the proposed
project Each deployment should be depicted on the site-specific drawing required in
number 2(i) above (more points will be awarded for fewer deployments),.,..". (up to four pOints)
FWC Form AR01 (6/06)
Page 2 of4
16D11
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Project Objectives
9, Specific, well defined and measurable objectives to gauge the success of the
project.. ......,..,....., ..............,(uptofourpoints)
10, A plan to measure the success of project objective achievement.
,.. .(up to five points)
Project Design
11, A detailed description and discussion of the reef design and configuration, habitat
complexity, interstitial spaces, surface area, material placement and
positioning, .............., (up to ten points)
12, A demonstration of the durability and stability of the reef material at the depth proposed for
placement based on prior field evaluations or stability analyses ,,' (four points)
Project Planning and Management
13, A project timeline and construction schedule
............. ........ ..(required documentation)
14. Number of staff and percentage of time available to undertake administrative and field
aspects of project, including subsequent monitoring and assessment.""..", ,(up to five points)
15, A written artificial reef monitoring and assessment plan, if available
... ... (up to five points)
16, A five year local artificial reef management plan which shows linkage with the proposed
project, if available...,.. .................,..,..,.., ,....,.., ,....,....... ",..(up to five points)
17. A demonstration of involvement with a marine advisory board with input on artificial reef
issues, if available, Include a listing of marine advisory board members, and a copy of
relevant meeting minutes.. ............ ............,......,......... ........ ..(!wopoints)
18, One complete copy of each active ACOE and DEP permit with accompanying permit
conditions applicable to the project ........,.., ... ....(permit requirement)
Local Demand and Public Access
19, A demonstration of public support for the proposed artificial reef project, based upon
written letters or resolutions of support less than six months old.. .., ...... ...., (up to five points)
20, The presence of at least one navigable inlet access point within 20 nautical miles of the
project site (list the number of)....... ...... ...... ......(three points)
Material Transport and Ownership
21, A plan to address logistics, coordination, staging area availability, material location, and
material transport and handling..............,.... .............." '............... (up to five points)
22, Assurance of the availability of reef material for the proposed project, with an itemized list
describing the materials proposed to be deployed ................,.. ,..(three points)
23, Proof of ownership, For all proposed reef materials, indicate whether the reef material has
already been purchased or donated (including letter(s) of verification)", ,", (permit requirement)
Project Practicality
24. An approximate estimate of handling and transportation cost per ton for secondary use
materials, andlor purchase, handling, and transportation cost per unit for pre-fabricated
materials, Discuss the extent to which the project is physically and economically feasible
based upon the project description and the requested project funding." "" '" ,(up to five points)
25, The percentage financial match of the project, Although providing cash match funds is not
required, the commitment to provide funds to help construct the proposed artificial reef will
be ranked in proportion to the percentage match of the project" ." ,., .,." ,,', (up to four points)
FWC Form AR01 (6106)
Page 3 of4
161111
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26, The applicant's total artificial reef construction/monitoring budget (excluding funds
requested from this grant) for the current calendar year including a description and
amounts of additional funding by funding source.. '...... (information only, no points)
Non-profit Eligibility Verification
27, Documentation of 501 (c)(3) tax status from the Internal Revenue Service,(Statute requirement)
28, Documentation of the corporation's By-laws and/or Articles of Incorporation which include
artificial reef monitoring and/or development as an objective.......... .. ..(Statute requirement)
Procurement of Commodities or Contractual Services Verification
29, Documentation of the intended means which commodities or contractual services will be
procured, pursuant to the requirements of Section 287,057, Florida Statutes, For
Agreements in the amount of $25,000 or less, grantees will be required to obtain a
minimum of two written quotes for any subcontracts. For Agreements in excess of
$25,000, grantees will be required to publicly advertise and send bid specifications to a
minimum of five potential subcontractors, For any Agreement requesting the use a sole
source vendor, provide clear justification (in the response to this item) for Commission
review and approval...... ........... ...... ...... ........, ...... ...... ...... . (Statute requirement)
THE FOLLOWING ADDITIONAL ITEMS WILL BE DETERMINED BY FWCC:
30, Overall quality of application preparation and accuracy..,
......... ...... (up to four points)
31, The project is an innovative project or designed to provide future monitoring
potential .., ...... ...... ........, ........,... (up to five points)
32, Estimated percent coverage of natural hard bottom in the multi-county area, More points allotted
to lesser coverage ...... ..... .............. ......................... ...(upto eight points)
33, Number of recreational boats 16 feet long or longer registered in the affected
County.............. ......,....., ........................ ....,..............(uptofivepoints)
34, Number of one-year resident and nonresident recreational fishing license holders in the affected
county...... ....,.......... ............... .................. .......... (up to five points)
35, Number of charter/head boats in the affected county,
. ..(up to five points)
36, The applicant is located in an economically depressed rural coastal county"
". ..(five points)
37, First time participation in the program by the applicant....
....... (five points)
38, The applicant's historic ability to ensure timely project completion, and compliance with grant
agreement terms and conditions based upon the most recent grant agreement
performance. .... ....... .................... .. ....................... ..............(uptofivepoints)
FWC Form AR01 (6106)
Page 4 of4
16 U 11
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16 D 11
Collier County Artificial Reef Construction Application
FY 2008-2009
Collier County
Board of County Commissioners
3300 Santa Barbara Blvd
Naples, FL 34116
16D11
Part 1 - Site Selection and Environmental Assessment
I. General location map - see page 2
2. Site Specific map - see page 3
..
NW
25' 54,729'
25' 54.706'
25' 54.683'
25' 54,66'
25' 54.637'
25' 54.615'
25' 54.592'
25' 54.569'
25' 54.558'
25' 54.523'
25' 54.5'
SW
Marco 12 Mile Reef
1519'
463m
.25nm
81' 59.225'
81' 59,175'
81' 59.125'
81' 59.075'
81' 59.025'
81' 59.25'
81' 59.2'
81' 59.15'
81' 59.1'
81' 59,05'
81' 59'
I-BPI-140 tons oflimestone boulders on June 14,2003
2-BPlb-140 tons oflimestone boulders on June 14,2003
3--CPI-45 tons of junction boxes June 9, 2003
4 --CP2-80 tons of railroad ties June 9, 2003
5- Richie Reef-420 tons railroadlbridge debris June 9, 2003
16 D 11
.
NE
1519'
463m
.25nm
SE
16D11
Site Name Material LatlLonl!: Date Deployed Tons
Marco BPI Limestone 25 54.694 6/14/0 3 140
Boulders 8159.186
Marco BPlb Limestone 25 54.674 6/14/03 140
Boulders 8159.197
Marco CPI CuI vertsljunction 25 54.704 6/14/03 45
Boxes 81 59.030
Marco CP2 Railroad 25 54.692 6/9/03 80
tieslbridge debris 8159,156
Marco Riche Railroadlbridge 25 54.602 6/9/03 420
Reef debris 8159.156
3. Discussion of Bottom Survey
A bottom survey was conducted by Collier County's Coastal Zone Management staff and
Sea Grant agent on January 28, 2008. The substrate was 4 to 5 inches of sand overlaying
a limestone layer. Little to no settlement of the reef material is expected over time. After
an in depth survey of the project site there was no occurrence of natural hardbottom
found. The nearest location of natural hardbottom is located _miles away.
The water depth at the 12 mile site is approximately 40 feet utilizing a ~ bottom
machine with an accuracy of~. The readings were taken on a _tide _ft above
mean low-low water ~ 2008 at a,m. This puts the depth for the proposed site
at approximately , mean low-low water.
4. Environmental Survey
The Marcol2 mile site was permitted in February 2001 and an initial survey was
completed by County staff to insure that no natural hard bottom or seagrass inhabited that
area. The next closest natural hardbottom ledge is approximately _miles away from the
project area. Another visual survey was conducted for the project area in January, 2008
and no natural hardbotoom or seagrasses were found. Since no natural hardbottom or
submerged vegetation was found during the visual inspection deployment ofrcef
materials will create new habitat by providing structure and cover for benthic organisms
and reef fish.
The concrete culverts, and material, used for the reefs are compatible with the marine
environment and will have a negligible affect on water quality. Turbidity caused during
deployment will be minimized by deploying three approximately 315 ton patch reefs at
different locations about 200 feet apart from each other.
Notice of the project construction will be given to the commercial shrimp fishing fleet at
Fort Myers Beach to avoid damage to both fishing gear and the reef itself. The project is
16D11
located away from any designated shipping lanes and will be submitted to NOAA for
inclusion on charts.
Listed species concerns will be addressed as follows:
West Indian Manatee - Collier County is one of 13 key Counties designated by the
Governor and Cabinet as "Key" to the recovery of the species in Florida. Collier County
was one of the first counties to adopt and implement a manatee protection plan. All of the
permitted sites include standard manatee protection conditions. In southwest Florida
manatees maintain a coastal distribution seldom venturing beyond a half mile offshore,
however injured, sick, or disoriented manatees have been documented offshore on a
number of occasions. Before deployment, the site will be inspected by staff experienced
in manatee surveys.
Sea Turtles - Five species of sea turtles have been documented near the project areas;
Loggerhead, Kemp's Ridley, Green, Hawksbill, and Leatherback turtles. Additionally,
both Loggerhead and Kemp's Ridley turtles have been documented bottom resting on
Artificial reefs in Collier County. Staff will inspect the site for sea turtles before reef
materials are deployed to avoid any encounters.
There are no cultural resources at this site.
16D11
5. Relevant prior Biological Data
The primary source of data used as background information for the planning of reef sites
was prepared for beach renourishment and inlet management studies. The reports listed
below describe the area with respect to sediment transfer rates, shoaling, habitat mapping,
wave refraction, tidal range, and other environmental conditions.
AUTHOR TITLE; EP DATi; ;
[Humiston & Moore Big Marco and Capri Pass Inlet Management Study July 1997
:Engineers
Davis, Richard A., Historical Morphodynamics ofInlets in Florida January I
Jr., & Gibeaut, James 1990
,e.
IStephen, Michael Effects of Seawall Construction on Beach and Inlet April 1981
,Frederick Morphology and Dynamics at Caxambas Pass, Florida
Coastal Engineering Caxambas Pass Inlet Management Plan (Draft) October
Consultants, Inc. 10,1996
Coastal Engineering Regional Inlet Management Study for Manatee, February I
IConsultants, Inc. Sarasota, Charlotte, Lee and Collier Counties 1991
I~urniston & Moore Big Marco and Capri Pass Inlet Management Plan - October ,
I
IEngineers Interim Report #1 - Hideaway Beach Element 31,1995
jHumiston & Moore Big Marco and Capri Pass Inlet Management Study July, 1997
Engineers
Continental Shelf Southwest Florida Nearshore Benthic Habitat Study January
Associates, Inc. 1991
jContinental Shelf Synthesis of Available Biological, Geological, May 1990
IAssociates, Inc. Chemical, Socioeconomic, and Cultural Resource
Information for the South Florida Area
--~----_.~._._-~-~----~-~~----_.
6. Oceanographic Conditions
Range of Wave Height - Sea conditions in and around the Marco 12 mile site are
generally _ in the summer months and _ in the winter months.
Current Velocity ~ Currents in the Collier County Marco 12 mile site are
Salinity - The salinity has been recorded as 34ppt at the Marco 12 mile site. This is a
very stable salinity and should have no effect on the reef project.
16D11
Temperature - The temperature at the Marco 12 mile site ranges with the season and is
in the winter months and in the summer months. Temperature should have no
effect on the reef project.
Visibility ~ The visibility changes depending on environmental factors such as the
season, current, wind direction etc. The County's dive team has reported visibility ranges
from 18 ft to 25 ft, The visibility should have no effect on the reef project unless reef
monitoring is planned. The limited visibility at these sites will make fish identification
more difficult than at sites located in other areas of the state where visibility is better. If
visibility is poor reef monitoring will be rescheduled.
Tidal Range - On average Collier County experiences a 2.5-3 foot tidal range diurnally.
This range should have no effect on the reef project since the material clearance is based
on the mean low tide level.
7. Material Placement Report Forms
There have been 5 deployments in the Marco 12 mile site. All Material Placement
Report Forms have been submitted to FWCC.
8. See attach grid of deployment areas.
Part II - Project Objectives
9. Measurable Objectives Marco 12 mile reef site
The primary goal of the project is to create a minimum of three new 320 ton artificial
reefs within the valid CORE permit and State standards for artificial reef programs.
Specific objectives of this project include:
Creation of reef sites will be available to the public in the Gulf and that are easily
accessible from Caxambas Pass, Capri Pass and Gordon Pass, According to the
MIACC there are over 20,000 registered boats in Collier County.
Creation of substrate that will encourage recruitment and settlement of benthic
epifauna and flora and mimic natural hardbottom ledges, which in turn will
attract a variety of reef fish assemblages commonly found on naturally occurring
hardbottom in the offshore waters of Collier County.
Creation of forage habitat for a variety of pelagic fish that are commonly found in
the waters offshore of Collier County,
Enhancement and expansion of recreational and commercial fishing and diving
opportunities in the waters off of Collier County.
16 D llJ
10. Evaluation Plan - Collier County Reef Marco 12 mile reef site
Collier County in coordination with SeaGrant is applying for a grant to conduct a Boater
Characterization survey. The boater characterization study would collect information on
traffic routes, seasonal variations, types and volumes of boats, boating activities such as
artificial reef usage. Data collected from this survey would be used to help quantify
which reefs are "hot spots" demographics of users, and primary use of the reefs.
Secondary objectives will be assessed through annual measurement and quantification of
encrusting organisms and fish species surveys. This will be accomplished through
quarterly monitoring of species growth and abundance as well as visual fish ID.
The cost effectiveness of this project will be measured against previous year's
construction projects. Collier Coastal Zone Management Staff and Sea Grant divers will
monitor quarterly for the first year and yearly for the next 4 years. This will be measured
by the number of monitoring events taking place per year.
Part III - Project Design
11. Description and Discussion of Reef Design and Configuration
Reef Design and Configuration - Collier County has been communication with Gulf
Shore Site Development, a local contractor, about the availability of clean concrete
material for use in Collier's FY08-09 artificial reef project. See attached photos of the
available concrete material and a quote from Gulf Shore Site Development for the
purchase, sorting, loading and hauling to the 951 site for $13.23 per ton. Also, included is
a quote for $50.00per ton from McCulley Marine Services for the use of one barge and
tug for material transport,
The proposed reef project will be deployed in three concentrated locations on the Gulf
floor. The maximum relief is ten feet and the anticipated footprint is approximately
feet. This will allow for a sandy forage area between the three deployment sites.
Habitat Complexity-
Materials will be deployed using an anchored barge to allow for the concentrated piles to
have the maximum relief, Due to the weight and density of the concrete materials it will
deploy quickly to the Gulf floor, forming a large, tightly configured pile.
Interstitial spaces - The interstitial density will vary greatly between piles due to the
different types of material used, A mixture of culverts, that create a larger special
complexity due to their hollow centers and concrete poles will be piled together to create
a varied interstitial complexity.
Surface Area-
16D11
Material Placement and Positioning - On the day of deployment, County staff will mark
each of the proposed reef sites with a buoy. A VHF radio will be used for
communication between County staff and the tug boat captain. The barge will be
anchored on both ends to make sure the barge remains on the project site. Once the barge
is anchored a front-end loader will be used to push the concrete materials off the side of
the barge into the Gulf. It is estimated there will be three deployments of concrete
material for the proposed site. The GPS coordinates for the project site are located on the
application form and are shown on the site map in Section one of the application.
12. Durability and Stability of Reef Material
The material to be used in this project is clean precast concrete. This material has been
extensively used in Florida and has shown very good site fidelity over time. The
Guidelines for Marine Artificial Reef Materials by the Gulf States Marine Fisheries
Commission, January 1997, describe concrete as "extremely compatible with the marine
environment" and "highly durable, and stable".
A test of concrete with the FWCC's Artificial Reef Stability Analysis Software
demonstrated that under hurricane conditions in the depth profiles of the project areas 39
feet even the largest culverts and pieces of concrete can become unstable, The stability
analysis results for concrete pilings depended on the approach of the storm, broadside to
the piling of head on. These pieces placed in 320 ton piles will act differently than
individual pieces. It is believed that piles of dense materials would be expected to
undergo scouring and flattening but movement over significant distances is unlikely to
occur. This has been confirmed by numerous observations of material movement under
storm conditions around the state.
16D11
Part IV - Project Planning and Management
13, Project Timeline and Construction Schedule
Project June July August Sept. Oct. Nov Dec. Jan. Feb, March April
08 08 08 08 08 08 08 08 08 08
Notice of X
Grant A ward
Review of X
Contract by
County
Attorney
Submit X X
Contract to
BOCC
Send out bid I X X X
specs.
Notify and X
Stage
materials at
site
Submit all X
required
permit paper
work for
deDlovment
Prep and X
Schedule for
DeDlovment
Deploy Reef X
Material
Complete all X
Project Close
out
documentatio i
n
Begin Reef X
Monitoring i
16 D 11
14. Available Staffing for Project
The Collier County Artificial Reef Coordinator will serve as the principal investigator for
this project She will devote 20% of her time towards the project's administrative duties
and up to 80% of her time during the construction and deployment phase of this project.
The County's waterways coordinator and Sea Grant Extension Agent will assists the AR
Coordinator for project monitoring and assessment. The trio will monitor the new sites on
a quarterly and annual basis after the first year. During this time the site will be mapped
and fish and invertebrate inventories conducted.
15. Reef Monitoring and Assessment Plan
Once materials are deployed, County staff will verify site placement using a depth finder.
Within one month of the project deployment, staff will dive the site and long-term
monitoring will commence. This monitoring will consist of benthic and fish species
surveys and will be conducted by County staff and Sea Grant Agent.
Although, the County does not currently have an established volunteer monitoring group
for the artificial reefs, County Staff and Sea Grant are beginning to partner with local
dive shops, charter boat captains and fisherman to start a volunteer dive program. This
program would eventually allow volunteer divers to conduct fish and benthic species
surveys.
The County AR Coordinator and Sea Grant Agent are currently working on revamping
the County's Artificial Reefwebsite. This website will host a variety of information
including the history of Collier reef program, sustainable fishing practice, weather and
tide charts, and upcoming artificial reef news.
16. Collier Artificial Reef Management Plan
Please see attached Collier County Artificial Reef Management Plan. The management
plan is currently being updated and will be completed by January 2009.
17. Marine Advisory Board
Currently, the County does not have a Marine Advisory Board. However,
18. U.S. Army Corps of Engineers Artificial Reef Permit
Included in the following pages please find a full copy of U.S. Army Corps of Engineers
(ACOE) permit 200004023 (IP-DY). This permit is valid until February 28, 2011.
161111'.oj
Part V - Local Demand and Public Access
19. Support Letters
Collier County has had a tremendous amount of support from local recreational, dive
shops and charter boat captains. Please see attached letters of support from local charter
boat captains, City of Naples and Marco Island fishing Club.
20. Navigable Inlet
There are three major inlets within 20 nautical miles of the 12 mile reef site. These inlets
are Caxambas Pass on the south end of Marco Island, Capri Pass between Marco Island
and Isles of Capri, and Gordon's Pass out of Naples Bay.
Part VI - Material Transport and Ownership
21. Logistics
In the past the Collier County landfill stored concrete material used for deployments,
However, due to recent budge cuts, the landfill will no longer be accepting or storing
concrete material. Collier County has found independent contractors that are willing to
store concrete on their sites. Please see attached quotes from Gulfshore Site
Development and McCulley Marine Construction in regards to holding concrete, trucking
and barging the material to the deployment site.
Collier County is responsible for all management and coordination of reef material,
staging, acquisition and storage. The materials provided by Gulf Shore Site Development
will be purchase through a local concrete company, stored at their facility until transport
to the Collier Blvd staging area. This staging area has been used in past as artificial reef
deployments and continues to be the most cost efficient staging area in the county.
County staff will supervise and coordinate all trucking, offloading, on-loading and
staging of materials. Photos will be taken of the materials at the staging area and on the
barge for documentation.
Prior to deployment, County staff will place a buoy the exact location of material
placement. After the barge is double anchored, to insure stability and barge position
during deployment, the material will be deployed via a front-end loader. County staff
will monitor the deployment with GPS to insure stability of the barge, throughout the
deployment. Each project location will be deployed in three concentrated piles on the
Gulffloor. The maximum relief will not exceed 10 feet and the foot print is estimated at
16nl1
22. Material Availability Assurance
Collier County has received written quotes from Gulf Shore Site Development on the
availability of acceptable reef material. Documentation is included in Section VI of the
Grant Application.
23, Reef Material Ownership
Please refer to documentation provided in Section VI of the Grant Application.
24. Handling and Transport Costs
Secondary use of reef materials can have an attractive cost per ton. A quote from Gulf
Shore Site Development has a cost of purchasing concrete material at $1.66 per ton.
Also, included in this quote is the sorting and loading for $4.91 per ton and scale load and
hauling to the 951 site at $6,66 per ton, for a total cost of $13.23 per ton.
A quote from McCulley Marine for the transportation to the deployment site with barge
costs and deployment of material was quoted at $50.00 per ton. This gives an estimated
total project cost per ton of$63.23.
Chart is base on quotes received from local contractors and on a per. ton basis.
Concrete Sorting and Scale Load and Barging and Total Cost Per
Materials Loading Hauling Deplovment Ton
$1.66 $4.91 $6.66 $50.00 $63.23
25. Project Matching Funds.
Currently, Collier County will not be financially able to contribute matching funds for
this artificial reef project.
26. Reef Construction Budget
The County does not have any funds for reef construction in the 2008 budget. However,
there is some funding, up to $8,000 for reef monitoring, training, equipment, air fills etc.
The majority of this funding will be used for hiring charter boat captains at $100 per hour
to take us to the reef sites for fish identification and assessment of the reef material.
Collier County is working with FWC to contract out the Fish Haven boat for one year.
This contract would greatly enhance the reef program,
Part VII Non-Profit Eligibility Verification
27. Tax Status
16D11'
Please find a copy of Collier County's tax exempt status on the following page.
28, Documentation of Bylaws
Please see attachment
Part VIII Procurement of Commodities or Contractual Services Verification
29. Please see attachment
16E J
MEMORANDUM
DATE:
September 17, 2008
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Martha Vergara, Deputy Clerk
Minutes and Records Department
RE:
Interlocal Agreemnet - Inmate Labor
Contractor: Collier County Sheriff's Department
Enclosed please find one original, as referenced above (Agenda
Item#16E3) approved by the Board of County Commissioners on Tuesday,
September 9, 2008.
If you should have any questions, you may contact me at 252-7240.
Thank you,
Enclosures
16E 3
ITEM NO.:
DATE RECEIVED:
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: September 17, 2008
To: Office of the County Attorney
Attention: Colleen Greene
From:
Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department, Extension 2667
,,/: A-.,.../
(;16'
Re: Contract: "Interlocal Agreement with the Collier County Sheriff's
Office for the use of Inmate Labor"
BACKGROUND OF REQUEST:
This contract was approved by the BCC on March 11, 2008; Agenda
Item 16.E.3
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Colleen, please forward to BCC for signature after approval. If there
are any questions concerning the document, please contact me.
Thank you.
C: Skip Camp, Facilities Mgmt.
'16E 3
Interlocal Agreement by and between
Collier County Board of Commissioners and the
Collier County Sheriff's Office for the use of Inmate Labor
This Agreement is made and entered into by the Collier County Board of Commissioners and
the Collier County Sheriff's Office for the purpose of using inmate labor for Collier County
projects and achieving a public purpose.
WHEREAS, the Collier County Board of Commissioners desires to use inmate labor as a
cost-saving opportunity to Collier County;
WHEREAS, the Collier County Facilities Management Department and the Collier County
Sheriff's Office in partnership have created a program designed to use inmate labor to
. provide a benefit to the comm~ty;
WHEREAS, the Collier county Sheriff's Office desires to provide inmate labor to Collier
County to provide constructive/positive experiences for its inmates;
WHEREAS, Chapter 951, Florida Statutes, provides that county prisoners may be used'to
perform labor upon roads, bridges, or other public works of the county which the governing
body determines are necessary for the health, safety, and welfare of the county, and as 'such
Collier County and the Collier County Sheriff's Office finds that it is appropriate for the
county to employ inmates on public works projects that the county would otherwise spend
public funds.
NOW THEREFORE, Collier County ("the County") and the Collier County Sheriffs Office
("CCSO") do enter into ,the following agreement for the use of inmate labor for appropriate
Collier County projects. i
1. TermlRenewal.
This Agreement shall become effective on the date signed by representatives of both
parties. The Agreement shall remain in effect from year to year unless suspended or
terminated by either party.
2. Termination or Suspension of Agreement.
The BCC or the Sheriff's Office may suspend or terminate this Agreement, in whole
or in part, with thirty (30) days written notice to the other party. If appropriate, the
Agreement may be suspended or terminated immediately with written notice.
3. Financial Obligations.
The County shall be responsible for any and all costs associated with this Agreement.
Specifically, the COUJJ.ty shall pay the actual costs for CCSO to provide supervision
and transportation for the inmates, including overtime pay if necessary. Further, the
County shall pay each inmate one dollar ($l.OO) for each hour worked.
Inmate Labor Agreement
Page 2 of5
Urf~
4. Collier County Sheriffs Office Responsibilities.
CCSO agrees to provide, or is responsible for, those items delineated as follows:
(a) Provide a CCSO Deputy Sheriff to supervise the inmates at all time while
performing work under this Agreement.
(b) Providing appropriate screening and training for supervising inmates.
(c) Screen inmates for work to be performed in order to assign sentenced inmates
who are non-violent, minimum-risk offenders and do not present a danger to
property or persons.
(d) Provide the number of inmates as agreed upon for each job assignment depending
on the specific task to be performed, and provide a list of identifying information
for inmates that worked on each assignment.
(e) Provide necessary transportation and supervision during transportation to and
from the designated work site.
(f) Provide necessary transportation and supervision during transportation from the
designated work site if an inmate presents a disciplinary problem or refuses to
participate in the work.
(g) Administer all disciplinary actions to be taken against inmates for infractions
committed while performing work under this Agreement.
(h) Ensure that the inmates arrive at the designated times for the various job
assignments.
(i) Provide food and drinks for inmate lunches.
0) Provide drinking water for the inmates.
(k) Provide inmates with all personal items of standard CCSO jail uniforms to wear
during the job assignment.
0) Apprehend escapees and handle problem inmates.
(m) Provide for medical treatment of ill or injured inmates and transportation of such
inmates.
(n) Report all inmate injuries, regardless of how minor in nature, as soon as possible,
to Collier County Department of Risk Management.
(0) In cases of emergency, render first aid, within the scope of the supervisor's
ability, and summon appropriate assistance if needed.
(P) Communicate regularly with the County regarding the work assignment and use
of inmates.
(q) At all times, inmates will remain in the care, custody and control ofCCSO.
(r) Provide bi-weekly billing to the Clerk of Courts Office of hours worked by each
inmate (identified by A#), and the actual cost of supervision and transportation.
5. Collier County's Responsibilities
The County agrees to provide, or is responsible for, those items delineated as follows:
(a) Provide CCSO with a schedule of hours that inmates will be needed based on the
specific job assignment.
16E 3
Inmate Labor Agreement
Page 3 of5
(b) Provide CCSO with a detailed description of the work assignment so that
appropriate assignments may be made.
(c) A contact person shall be available by telephone or radio while inmates are on
the work assignment.
(d) Provide all appropriate tools, equipment, materials, personal safety items, and
equipment such as, but not limited to gloves, protective clothing, work boots,
hard hats, etc., necessary and appropriate for performance of the work under
this Agreement.
(e) Ensure that licensing or permits are obtained if required for the work under
this Agreement.
(t) Work closely with CCSO to immediately report any security issues. Report
and escapes, any inappropriate behavior displayed by inmates, or any inmate
who fails to perform tasks in an acceptable manner.
(g) Report all inmate injuries, regardless of how minor in nature, as soon as
possible. Report and medically related complaints made by an inmate as soon
as practical.
(h) In cases of emergency, render first aid, within the scope of the supervisor's
ability, and summon appropriate assistance if needed.
(i) If necessary, provide drinking water for inmates.
0) Provide training and orientate each inmate in the use of equipment and a
safety briefing regardless of the prior experience of the inmate.
(k) Communicate regularly with CCSO regarding the work assignment and use of
inmates.
(I) Provide a First Aid Kit to each inmate work squad.
(m) Pay for inmate labor and the supervision and transportation costs in a timely
manner.
6. Workers' Compensation.
No inmate who participates in the inmate labor program shall be considered an
employee of Collier County, nor shall such inmate come within any other provision
of the Workers' Compensation Act.
7. Agreement Administration and Contact Information
(a) The Collier County contact person responsible for administration of this
Agreement:
Name: Skip Camp, Director, Facilities Management
Address: 3301 Tamiami Trail East, Naples, FL 34112
Office number: 239.252.8380 Cell: 239.465.9931
In the alternative, in the case of emergency, please contact:
Operations Center at 239.252.8380
16-[ 3
Inmate Labor Agreement
Page 4 of5
(b) The CCCSO contact person responsible for the administration of this
Agreement:
Name: Chief Scott Salley
Address: 3301 Tamiami Trail East, Naples, FL 34112
Office number: 239.793.9171
In the alternative, in the case of emergency, please contact:
Captain Joe Bastys at 239.793.9354
8. Work Task/Assignments
Assignments will be presented by the County to CCSO with 10 days notice prior to
the start date. The Assignment must be presented in writing and agreed to by both
parties evidenced by signatures. The contact persons identified in number 6 above
shall be authorized to sign the Assignments on behalf of their respect agencies.
9. Liability
Each party shall be liable for its own actions and negligence and, to the extent
permitted by law. Nothing in this agreement shall be a waiver of sovereign immunity
beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be
construed to constitute agreement by either party to indemnify the other party for
such other party's negligent, willful or intentional acts or omissions.
PASSED AND DULY @OPTEQJlY THE-A'Board of County Commissioners of
Collier County, Florida, this ~day of t1 /~ 2008 .
BOARD OF COUNTY COMMISSIONERS
OF COLLIER OUNTY FLORIDA
By:
TOM HENNING, Chairman
.
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16E :;
Inmate Labor Agreement
Page 5 of5
Approved as to form and
Legal sufficiency:
By: ~~A /VI ~AJL...
Colleen M. Greene
Assistant County Attorney
By: fh ,.1;}, ~ ~ (01-
MichaelHledberg
Legal Counsel
Collier County Sheriff's Office
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IMMOKALEE eRA
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16 G 1 Ij
The purpose of the Collier County Community Redevelopment Agency (Collier County CRA) is to
work with members of the community to stimulate redevelopment in parts of the county which have
been passed over by development efforts over the years. The two Redevelopment Areas-the
Immokalee CRA and the Bayshore/Gateway Triangle CRA-are very different and have unique
forces at work in each of the communities. Nevertheless, the staff and
boards of both offices are united in their commitment to improve the lives of
those who live and work there.
2007 was a busy year for the Immokalee Community
Redevelopment Areas. Immokalee made tremendous progress toward
completing the Area Master Plan. The decision was made to staff the Immokalee
_ Redevelopment Area with an Executive Director and an Assistant, both of whom come
on board in Fiscal Year 2008. 2007 laid in place an array of redevelopment activities in
Immokalee, such as the creation of a redevelopment overlay and redevelopment grants.
Furthermore, the CRA provided support for the opening of the Florida State University Medical
Campus. Make no mistake: the Immokalee CRAAdvisory has many plans for 2008 to keep staff
busy!
.
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2007 was likewise very busy in the Bayshore Gateway Triangle Redevelopment
Area! A number of studies commissioned by the CRA were completed, providing
the community with various strategies for future development. A number
of infrastructure projects made headway in 2007, including the long-
awaited Storm water Pond in the Gateway Triangle Area. Programs for
community development have arisen from conversations between the ._ _
~ CRA staff and members of the community, including the Neighborhood
Focus Initiative and a robust Residentiallnfill project. The private sector is picking up on the
positive changes in the area and a number of private projects have come on board. While there were
many accomplishments in 2007, members of the Bayshore Gateway Triangle Community are gearing
up for a year of even more accomplishments in 2008, including a package of incentives for
commercial development on Bayshore Drive and the update of the website.
IMMOKALEE CRA
Ccmmunity Re<tevdopment A9tncy
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C<..>MMVNllr RH>EvHOPMlNI ^(,lNCv
Collier County CRA 2007 Annual Report
2
The Collier County Community Redevelopment Board
The Collier County Board of County Commissioners serves as the Board. The members for
the Fiscal Year 2006-2007 are as follows:
Donna Fiala (Chair)
James Coletta (Vice-Chair)
Frank Halas
Tom Henning
Fred Coyle
The Community Redevelopment Advisory Boards
The Redevelopment Agency relies heavily on the hard work and determination of two
Advisory Boards-one for the Immokalee Redevelopment Agency and one for the Bayshore
Gateway Triangle Redevelopment Agency. The members of these two Advisory Boards are
as follows:
The Immokalee CRAAdvisory Board The Bayshore Gateway Triangle CRAAdvisory
6Qard
Fred Thomas (Chair)
Rick Heers
Floyd Crews
Richard Rice
Ana Salazar
Bernardo Barnhart
Bob Soter
Gary Dantini
Eva Deyo
Ira Malamut
Denise Blanton
Captain Tom Davis
Robert Halman (ex-officio)
Julio Estremera
Lindsey Thomas (Chair)
Jill Barry (Vice Chair)
Bill Mears
Ron Fowle
Chuck Gunther
Karen Beatty
Steve Main
Bruce Preble
Maurice Gutierrez
Staff:
David Jackson, Executive Director
Jean Jourdan
Sue Trone
Staff:
Penny Phillipi, Executive Director
Christie Betancourt
Collier County CRA 2007 Annual Report
3
The CRA commissioned a study of Shadowlawn Drive for the
potential to design the corridor like Bayshore Drive.
Recommendations include upgrading sidewalks, installing
pedestrian-scale lights, trees and landscaping, and installing
traffic calming devices to slow traffic in the vicinity of
Shadowlawn Elementary School. The study was completed by
Carter Burgess in January 2007.
A study of Bayshore Drive investigated improvements for
pedestrian safety and vehicular access. Recommendations of the
study are to install pedestrian crosswalks at busy intersections with
wide medians, As a result of the study, the Bayshore Beautification
MSTU is investigating the feasibility of designing and funding
lighted crosswalks along Bayshore Drive. The study was
completed by Carter Burgess in January 2007.
Thomasson Drive is a major two-lane road that crosses the CRA
and provides easy access to the Gulf of Mexico. As the southern
sector of the CRA grows, 2,000-3,000 homes will be built in this
area. This will increase traffic on Thomasson Drive which links
Bayshore Drive and US-41 to county parks and boat ramps. The
study was completed in June 2007 by Carter Burgess to
determine impacts of future development and recommended
solutions to improve the corridor before the growth occurs.
Collier County CRA 2007 Annual Report
5
16Gl \~
COMMUNIT'V D~V~lOPM~NT'
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In 1997 a group of citizens in the Bayshore Drive area came together in order
to beautify the area by establishing a Municipal Service Taxing Unit (MSTU).
The MSTU is responsible for the landscaping, irrigation, lampposts, and brick
paver sidewalks along Bayshore Drive. In 2007, the MSTU installed designer
traffic control signage to match existing pedestrian light poles.
9YEiShbotlwod .s~ut6C4/Jt, UJot./dJOO/c,
To empower residents and business owners to contribute to the
redevelopment of the Bayshore and Gateway Triangle communities, the CRA
partnered with the Bayshore Beautification MSTU to create a workbook of
design standards. Under contract with the CRA, the workbook was
assembled by A, Gail Boorman & Associates. It details various streetscape
options appropriate for the area considering the needs and preferences of
the public. This workbook will be a reference manual as the CRA proceeds to consult local
stakeholders on streetscape development.
COllif!. ColUll:JJ q}tJBlJiatI. (j)(iJ)(,
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Collier County plans to expand Bayview Park and make improvements
including expansion of boat trailer parking along Bay Street. This heavily used
boat launching facility attracts many boating enthusiasts because of its close
proximity to Gordon Pass and the Gulf of Mexico.
fi?F,6idE.nt:ia/, qnlilt
The CRA authorized the purchase of 15 residential lots and the
demolition of seven (7) dilapidated homes in a blighted neighborhood
as part of the CRA Redevelopment Plan's residential infill goals. The
CRA's Mixed Use Zoning Overlay allows single-family homes to be
constructed on mobile home zoned lots, and the CRA will advertise for
companies to build homes to be sold as owner-occupied units.
Collier County CRA 2007 Annual Report
6
16G1
COMMUMIT'Y O{V{[OPM{MT'
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The CRA Redevelopment Plan encourages residential neighborhood
improvements. A Streetscape Enhancement Program Concept was
developed in 2007 to engage the local residents in a neighborhood
planning process to determine street improvements and traffic calming
devices in their residential neighborhoods. Each street will be designed
through community participation to provide input as to what and where
improvements will be installed. The approved designs will be funded by
CRA Trust Funds.
Pn'po~('d Nnigl1borh(>od Groups
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Situated on 160 acres of lakes and lands that contain seven
distinct natural habitats and ecosystems, the Naples Botanical
Garden began fund raising and planning seven unique garden
displays in 2005. In 2007 the 160 acre complex's planned unit
development design was approved, and the Garden had collected
50% of the their required funding to develop the entire site.
f/i,f1w in, t:/u.. qauim
On Valentine's Day, Bayshore Cultural Arts, Inc, hosts the popular
HeArts in the Garden event at the Naples Botanical Garden. The
event draws hundreds of art and music enthusiasts from the area to
the event.
Collier County CRA 2007 Annual Report
I'
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16GI
_ENrIIAl DEVElOPME"r
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A Chicago developer teamed up with a local architect and they designed a
mixed-use facility from an old commercial storage facility. The Lofts on
Bayshore consists of 5 New York-style loft spaces located above three
recently improved commercial spaces, giving the complex a truly urban feel.
The Lofts were completed in 2007.
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Local developers and designers teamed up to construct a 218 unit mixed-
income residential complex on 20 acres of land. Completed in October
2007, the project consists of nine 4-story buildings and a community
clubhouse. The project includes 64 affordable housing units for workforce
housing. Botanical Place residential development is situated on 20 acres
bordered by Bayshore Dive to the West and Sugden Park to the East.
CotlA:iBtJ at q'japttJ QJag
The Antaramian Development Group redeveloped a failed shopping mall
into a 108 luxury residential unit project in the northwest corner of the
CRA along US-41 , The project site was annexed into the City of Naples for
permitting purposes; however, the CRA continues to collect TIF on the
improvements. The majority of the construction was completed in 2007
and certificate of occupancy has been issued.
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Abaco Bay Development, LLC teamed with Celentano, Inc. to retrofit
Pinebrook Lakes Apartments, a 20-year old apartment complex, into single-
family condos. The redevelopment site is now Abaco Bay Condos. Sitting on
10 acres, the project abuts Bayshore Drive. The project completed the
conversion of the 161 apartments into a set of Key West style condo
community in early 2007 priced for workforce housing,
Collier County CRA 2007 Annual Report
8
Haldeman Creek is a natural flowing tidal creek that was extended by the
Corps of Engineers in the 1950s. After its completion, silt from upstream
developments slowly filled in the creek which impeded stormwater flow, and
hindered boater navigation at low tides. The $1.2M dredging project was
completed in March 2007 and was fully funded by the county General Fund
and a grant from the Southwest Florida Water Management District.
For years the Triangle area has been plagued by
localized flooding. Over the years local drainage ponds
were filled in and both bordering highways, US 41 and
Davis Boulevard, were raised and widened. Collier
County Stormwater Department acquired 4.6 acres of
low-lying land, and the CRA assisted in the purchase of
land for the pond's future expansion. HDR, Inc. is
contracted to develop an area-wide stormwater system
that collects the water, treats it and discharges it. Permits
for pond construction were issued in 2007 and Phase I of
construction will be completed in Spring 2008.
When Davis Boulevard was widened to six lanes, traffic safety lighting was
not installed on this section of road. The Collier County Transportation
Division completed the street light design and project bid in 2007. This $1.2M
highway lighting project is partially funded by a $695,200 FOOT Safety Grant
as well as $200,000 from the CRA Trust Fund. Project details include the
installation of 90 light poles, removal of unused curb cuts and complete
replacement of the sidewalk. Start Construction Date: April 2008. Estimated
Completion Date: June 2008.
Collier County CRA 2007 Annual Report
9
1661
In 2006, Phase I was completed and in 2007 work
began on Phase II. Davis Village is a quality
commercial office space complex at the intersection
of Davis Boulevard and Shadowlawn Drive. This
new construction project contains retail space on
the first floor and Class 'A' office space above.
Phase I of the project was so successful the
developer acquired land adjacent to this project and
began constructing an identical building next to it.
As part of the Treviso Bay residential and TPC golf
course development, the VK Development team
purchased the Gulfshore Marina on Bayshore Drive
to convert into a gulf access marina and boat storage
facility. The project will house 158 dry boat slips, two
residential units and 1000 square feet of commercial
space.
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Collier County CRA 2007 Annual Report
In 2007, at the southwest corner of the CRA
boundary, Collier Enterprises began the dredging
of a marina harbor with 35 wet slips, construction
of a 325 dry storage slip building and private club
house. The project should be completed in 2008.
10
In 2008, a one mile stretch of Bayshore Drive will be the subject of a commercial use and
vacant land study. An inventory of vacant or underutilized land will be prepared. Sites will be
evaluated for their suitability to support various types of development and packaged with
economic incentives to encourage development or redevelopment. The inventory will include
vacant lands, vacant buildings, or brownfield sites. The inventory and incentives package will
be used to identify, market, and develop land effectively.
In support of the community's vision to create and support a vibrant
art and cultural area, a consultant will be retained in 2008 to conduct
a cultural needs assessment of the area. If research and analysis
supports the concept, a designation of a cultural district will be
pursued. The objective will be to support cultural and artistic venues
as part of the economic revitalization of the Bayshore area.
In a joint partnership for 2008, the CRA will team with
the Bayshore Beautification Municipal Service Taxing
Unit (MSTU) to determine the future design of the
southern section of Bayshore Drive. In 2000, the MSTU
funded the design and installation of landscaping,
sidewalk pavers and pedestrian lighting: however the
project stopped at Thomasson Drive. Through a
community input process, this project will design safety
and beautification improvements from Thomasson to
the street's terminus.
Collier County CRA 2007 Annual Report
11
Upon completion of Phase I in the spring of 2008, permitting
will begin for the installation of a gravity feed piping system to
channel stormwater to the pond. Phase II will include a
pumping station to discharge water to the canals during high
rain events to prevent the pond from overflowing.
In 2007, the owners of a 34 acre, 200 apartment residential
complex partnered with a developer to redevelop the site into
a mixed use project. The developer purchased an adjacent 5
acre commercial parcel and successfully applied for and
received a mixed use designation to redevelop the site. As
part of the mixed use approval, the developer was granted
232 additional residential units and gave the CRA an air rights
option to construct a 150 - 300 space public parking garage on the site. When completed the
project will have 140,000 square feet of commercial space and 447 residential units on 40
acres.
A developer received an approved site development plan to
construct 108 residential units on 10 acres. The project will
house 14 affordable/workforce units to be sold to owners in
the 60% median income range. The project will be three
stories over garage, contain a community club and pool.
Collier County CRA 2007 Annual Report
12
1
The Site Improvement Grant program underwent its fourth revision since its creation by ordinance in
2002. For six years, the CRA has leveraged funds from the Tax Increment Revenue Trust Fund to
stimulate redevelopment by the private sector. Over the years, residents and business owners have
contributed to the redevelopment of the Bayshore Gateway Triangle Area by matching funds from the
Site Improvement Grant program to repair roofs, improve storefront facades, and install landscaping.
Each year, the CRA tracks the effectiveness of these grants.
In 2007, the maximum grant award was $8,000. Homesteaded applicants had to match grants at 50%
for the value of residential improvement projects; grants for residential rental or commercial properties
were awarded to applicants funding at least 67% of total project cost. The table below is a summary of
the 2007 Site Improvement Grant program. The final column projects the level of private sector
investment in the area stimulated by the grant program (grants which indicate that the actual project
cost and actual grant awarded are "PENDING" indicate that the project has not yet been completed).
The table below Is a summary of the disposition of all Site Improvement Grants awarded in 2007.
PROJECTED
APPUCANT
CONTRIBUTION TO
PROJECT
SIG 01/2007 CANCELLED N/A
2 SIG 02/2007 Commercial $52,150.00 $8,000.00 $60,123.25 $8,000.00 $52,123.25
3 SIG 03/2007 Residential $19,685.00 $8,000.00 $17,075.37 $8,000.00 $9,075.37
4 SIG 04/2007 Residential $8.141.26 $4,070.63 PENDING PENDING $4,070.63
5 SIG OS/2007 Residential $14,110.00 $7,055.00 PENDING PENDING $7,055.00
6 SIG 06/2007 Commercial $13.390.50 $4,418.87 $13,768.00 $4,418.87 $9,349.13
7 SIG 07/2007 Commercial $15,158.60 $7,579.30 $17,581.00 $7,579.30 $10,001.70
8 SIG 08/2007 CANCELLED N/A
9 SIG 09/2007 Residential $23.684.00 $8,000.00 $15,248.00 $8,000.00 $7,248.00
10 SIG 10/2007 Residential $37,215.61 $8,000.00 PENDING PENDING $29,215.61
11 SIG 11/2007 Residential $16,322.00 $8,000.00 $16,322.00 $8,000.00 $8,322.00
12 SIG 12/2007 Residential $14,872.96 $7,436.48 PENDING PENDING $7,436.48
13 SIG 13/2007 Residential $25,052.70 $8,000.00 PENDING PENDING $17,052.70
14 SIG 14/2007 Commercial $25,871.40 $8.000.00 PENDING PENDING $17,871.40
15 SIG 15/2007 Residential $3,818.60 $1,909.30 PENDING PENDING $1,909.30
$180,730.57
Collier County CRA 2007 Annual Report
13
16Gl
.3%
.41%
33%
Tax Increment Revenue
$1,962,400.00
Carry Forward
Miscellaneous Revenue
$2,450,900.00
$177,100.00
.23%
.00/0
20/0
290/0
$2,500,000.00
$2,000,000.00
$500,000.00
$1, 99,000.00
---
$83 ,000.00
. 63.8,300.00
, ~ $445,100.00
, $250,600.00
$1~O,917.--~-
2001 2002 2003 2004 2005 2006 2007
0.00
"
"
c
~
"
II:
IL
~
$1,500,000.00
$1,000,000.00
$-
-+- Tax Increment
Revenue
Tax Year
Collier County CRA 2007 Annual Report
14
lb lJ 1
16Gl
'S
The Immokalee CRA was created in 2000 at the same time
as the Bayshore/Gateway Triangle Community
Redevelopment Agency was established for East Naples.
Thomas Greenwood, planner of the Comprehensive Planning
Department, performed the function of the executive director
for the Immokalee CRA until December 3, 2007 when the CRA and its Immokalee Advisory Board
created the first Immokalee CRA office at 310 Alachua St. in Immokalee and hired its first executive
director and administrative assistant.
IMMOKALEE eRA
Community Re<tevdopment Agtncy
ilk p1i/Ce ladl home'
August of 2007, the Immokalee CRA submitted a revised Master Plan to the Collier County
Comprehensive Planning Department for review. At the same time, the CRA Board procured the
firms of Jacob Cater & Burgess, in partnership with the Guardian Community Resources, Inc., to
address the planners' comments. This action placed the CRA in a position to "hit the ground
running" as soon as the comments are delivered early in 2008.
In anticipation of the development of a Comprehensive Plan Amendment, a Capital Improvement
Plan and a Transportation Plan to facilitate implementation of the updated Master Plan, the CRA
Advisory Committee retained Jacob Carter & Burgess to facilitate a CRA Operational Workshop
in Immokalee on December 19, 2007. The resultant Operational Plan will serve as direction for
the new CRA staff and expedite the development of programs that address the goals of the
Master Plan.
The CRAAdvisory Board recommended to the Collier County Board of County
Commissioners and Conservation Collier that favorable consideration be given
to the purchase of the 2,500-acre Pepper Ranch with frontage on Lake Trafford
for conservation and mitigation purposes. This activity is in line with the
Immokalee Master Plan's goal that calls for the CRA and the Collier County
Board of County Commissioners to continue to plan for the protection,
conservation, and management of its natural resources.
Collier County CRA 2007 Annual Report
16
The CRA Board supported the designation of the parcels
associated with the Carlisle Group Crestview I and II affordable
housing developments within the Immokalee Enterprise Zone
as a Brownfield Area.
Brownfield sites are generally abandoned, idled, or under-
utilized commercial or industrial properties where expansion or
redevelopment is complicated by actual or perceived
environmental contamination. Designated Brownfields provide a variety of economic incentives,
including:
. $2,500 Job Bonus Refund for each new job created in a Brownfield Area by an eligible
business
. Voluntary cleanup tax credits
. Cleanup liability protection
. Low-interest loans for assessment and cleanup
. Sales tax exemption on building materials
. State loan guarantees
Because the costs associated with the development and management
of affordable housing is forever increasing, particularly in today's
housing market. Incentives such as the sales tax refund provide
important assistance to sustain and facilitate the continued provision
of affordable housing. During 2008, the CRA is pursuing a Brownfield
designation for the entire Immokalee Enterprise Zone # 1101.
.' ' The Immokalee CRA allocated $250,000 in TIF funds to assist with the
.,h, '.'.'" establishment of a Florida State University (FSU) School of Medicine rural health
" training center in Immokalee. Much of the cost of the $1.5 million project was borne
n __ by FSU and private donors. TIF funds were used to support the upgrade and
improvements on the Isabel Collier Read Medical Campus Building located on Heritage Boulevard
in Immokalee. The $4.5 million building was transferred to FSU from Naples Community Hospital.
The purpose of the facility is to train healthcare professionals who will, in turn, provide medical
services to the Immokalee Community. The facility opened in August of 2007.
Collier County CRA 2007 Annual Report
17
16Gl
$
43%
Carry Forward $972,300.00
Miscellaneous Revenue $84,500.00
.50/0
.520/0
00%
. 6010
Other Capital
$0.00
~
$85,700.00
$1,653,800.00
.88%
."~~ ~u~ ~
Transfers
Reserves
$900,000.00
$800,000.00
$700,000.00
$600,000.00
$500,000.00
$400,000.00
$300,000.00
$200,000.00
$100,000.00
$-
..------~-------~~- $893, 00.00
-+- Tax Increment
Revenue
2005
2006
2007
Collier County CRA 2007 Annual Report
18
161
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORESPOPNDENCE
March II, 2008
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
I) Affordable Housing Commission:
Minutes of January 30, 2008; December 19, 2007.
2) Collier Countv Planning Commission:
Agenda of February 21, 2008; February 25, 2008;
Minutes of December 20,2007; November IS, 2007; LDC Meeting
of December 12, 2007; LDC Meeting of December 13, 2007.
3) Contractors Licensing Board:
Agenda of February 20, 2008.
4) Conservation Collier Land Acquisition Advisorv Committee:
Minutes of November 16,2007; December 10, 2007; January 14,
2008.
5) Ochopee Fire Control District Advisorv Committee:
Minutes of January 15,2008.
B. Other:
1) Collier Countv Code Enforcement Special Magistrate:
Minutes of February 1,2008.
2) Collier Countv, Citv of Naples, and East Naples Fire Control &
Rescue District:
Hole in the Wall Annexation Minutes of February 8, 2008.
3) Amendments to February 12,2008 agenda minutes by
Commissioner Henning.
~~/\f__
Fiala - --------
Halas '-",/.-_: . - -- .
. ~ -'-
~ennl!'lg- ~l'Ef__
coyle--~_
Coletta - -- .-
ROLL CALL
John Barlow
Ken Kelly
James Pusateri
Cormac Giblin
Steve Hruby
Brian Goguen
Jim Warnken
Fred Thomas
Sally Masters
161
1 A \H\'
AFFORDABLE HOUSING COMMISSION
SUB COMMITTEE MEETING
2800 N Horseshoe Drive - COES Building - Room 610
Wednesday, January 30,2008 @ 9:30 AM
i':.f.2' i
ABSENT
PRESENT
X
X
X
X
X
X
X
X
X
Staff: HousinQ & Grants
Marcy Krumbine
Barbara Garrett
Ana Diaz
X
X
X
Countv Commissioner:
Jim Coletta
X
Staff: COES:
County Attorney's Office
X
1. Call to Order/Roll Call by Steven Hruby @9:35 am.
. Quorum was present.
. Introductions of guests
2. Introductions of Commission members and staff
3. Approval of Past Minutes
. Motion to approve the November minutes by Jim Pusateri, seconded by Sally
Masters. Motion carried.
4. Approval of the Agenda
. Motion to approve the agenda by James Pusateri. Seconded by Brian Goguen.
Motion carried.
5. Review of Inclusionary Zoning Policy and ~iscussion
MiBC. COIftI:
Date: i ,\ \ \ Th
item #.lli I {A') \.
. There were three documents submitted for review by commission members and
were included with today's packet.
. Steve Hruby is making recommendation for Section 11.03.03 - Continuing
Restrictions on Inclusionary Units - In this section; he is making a separation
between owner-occupied units and rentals and addressing the rental portion of
this restriction. He was asked by the Commission members to include an
example of how the restrictions would be handled. He will complete this for the
next meeting. These current changes will be incorporated into the next draft.
')i~'; tc
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1 \. ,7 .~"...... "" "
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161
1 A\
Rr""'''-F e_
V"., '.'\," D
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Fiala
Halas
l-\ennillg
Coyle
Coletta
R LL CALL
John Barlow
Ken Kelly
James Pusateri
Cormac Giblin
Steve Hruby
Brian Goguen
Jim Warnken
Fred Thomas
Sally Masters
AFFORDABLE HOUSING COMMISSION
SUB COMMITTEE MEETING
2800 N Horseshoe Drive - CDES Building - Room 610
Wednesday, December 19, 2007 @ 9:30 am
b(l;O,-.;!"
,f;U,-'"
ABSENT
X
PRESENT
X
X
X
X
X
X
X
X
Staff: HousinQ & Grants
Marcy Krumbine
Barbara Garrett
Ana Diaz
X
X
X
Countv Commissioner:
Jim Coletta
X
Staff: CDES:
County Attorney's Office
X
1. Call to Order/Roll Call by Steven Hruby@9:40am.
. Quorum was present.
. Introductions of guests
2. Introductions of Commission members and staff
3. Approval of Past Minutes
. Motion to approve the November minutes by Ken Kelly, seconded by James
Warnken. Motion carried.
4. Approval of the Agenda
. Motion to approve the agenda by James Pusateri. Seconded by Ken Kelly
Goguen. Motion carried.
5. Final Review of Inclusionary Zoning Policy and Discussion
r,
Arres:
311.'6
.
Discussion and review of the Inciusionary Zoning Policy.
Page 5 11.01.02 Affordable-Workforce Housing definition
Page 6 Modular Home definition
Page 6 Off.Site Unit definition
Page 8 D
11.01.05D
Da
.
.
.
.
.
v
161
. Page 17 11.03.02A Certified Buyer
. Page 17 11.03.02B four-step
. Page 18 11.03.03 modifications on 11.03.03A and 11.03.03B
. Page 19 11.03.05C Attachments
. Jim Warnken sent and email with other modifications to the AHC.
6. Follow up on Meeting Dates for 2008 and Timeline for completion of Ordinance
. Will continue on the next AHC regular meeting.
Public Coment
6. Adjourn
The meeting was adjourned at 11:30 AM
Next Sub-Committee Meeting
TBD
1 At
Fiala ~~_l2f"_
Halas _~__n --
Hennlng~.:t-:::fl..-_-- - --
coyle7't-/~-(3T-- -
Coletta~-----
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, FEBRUARY 21, 2008, IN
THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY
GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
161
1 A'dr:.,
r--,
~ .
AGENDA
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND 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 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 VERBA TIM 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 - JANUARY 3, 2008, REGULAR MEETING; JANUARY 9, 2008, LDC MEETING;
JANUARY 11,2008, LDC MEETING; JANUARY 11,2008, SPECIAL (COCOHATCHEE) MEETING; JANUARY 17,
2008, REGULAR MEETING
6. BCC REPORT- RECAPS - JANUARY 16, LDC MEETING; JANUARY 22, LDC MEETING
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
A. Petition: PUDZ-2007-AR-12248, Saba I Palm Development, LLC, represented by Robert L. Duane, AICP,
of Hole Montes, Inc. and Richard D. Y ovanovich of Goodlette, Coleman, and Johnson, requesting a rezone
from the Agricultural (A) to the Commercial Planned Unit Development (CPUD) Zoning District for project
to be known as Napoli Village. The +/-8.97-acre subject site is proposed to pennit an adult congregate living
facility, located east of Tamiami Trail North (US 41), west of Sterling Oaks PUD, and north of the
Community Congregational Church, at 15450 Tamiami Trail North, in Section 9, Township 48 South,
Range 25 East, Collier County, Florida. (Coordinator: John-David Moss) HEARD 2/7/08
MisC. cona:
Date: :\ \ ~ '1l
i\em#~\lR \ {j;,yl-
1
, te
j
IS \. ;"
_. . . ~- Ii l' .: ','
I-Iata .,Z- ;-.
~l..:~~ing. ..~~J.'.'. ~:.~'C~
Coyle +-';. IY
(:;018\t8 ... .. . .'
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 10:00 A.M., MONDAY, FEBRUARY 25, 2008, IN
THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY
GOVERNMENT CENTER, 330 I T AMIAMI TRAIL EAST, NAPLES, FLORIDA:
161
lA27
AGENDA
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND 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 PRESENT A TlON 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. CONSENT AGENDA ITEMS
9. 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; JeffKlatzkow, Assistant County Attorney) CONTINUED FROM JlII/08
Mise corres:
3.\'"
Date_.}_..i-
tern #:J~.Jfb21=-.
1
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J
16 I 1 Ad"
December 20, 2007
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING CO~S~!O .~10r
Naples, Florida Halas ~ ,-'
D b 20 2007 Henning -. ~--.
ecem er , Coyle ~_\:'L-_
'.~olett8----
LET IT BE REMEMBERED, that the Collier County Planning
Commission, in and for the County of Collier, having conducted
business herein, met on this date at 8:30 a.m. in REGULAR SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
Pr"""""
. ,.,..,,,-1
"". '
n
CHAIRMAN:
Mark Strain
Lindy Adelstein
Donna Reed-Caron (Absent)
Tor Kolflat
Paul Midney
Bob Murray
Brad Schiffer
Robert Vigliotti
n- ,
:du3.i"'~j ;':;,';"::/
ALSO PRESENT:
Jeffrey Klatzkow, Chief Asst. County Attorney
Joseph Schmitt, CDES Administrator
Mise. Correa:
Date: ~. \I . "b
Item#:J~ ( (A)2
:.~o:>ies to:
Page]
I
16\ lA;r
December 20, 2007
CHAIRMAN STRAIN: Welcome, everyone, to the Collier
County Planning Commission. December 20th, 2007. If you'll all
please rise for pledge of allegiance.
(Pledge of Allegiance was recited in unison.)
Item #2
ROLL CALL BY SECRETARY
CHAIRMAN STRAIN: Thank you. We'll take the roll call. Mr.
Kolflat?
COMMISSIONER KOLFLA T: Here.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Present.
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: Here.
CHAIRMAN STRAIN: Ms. Caron is absent today.
Chairman is here.
Mr. Adelstein?
COMMISSIONER ADELSTEIN: Here.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Right here.
CHAIRMAN STRAIN: And Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Here.
CHAIRMAN STRAIN: Thank you.
Item #3 and Item #4
ADDENDA TO THE AGENDA; PLANNING COMMISSION
ABSENCES
Okay, next is addenda to the agenda.
Page 2
161 lA,r
December 20, 2007
First of all, we have our next meetings coming up -- our next
regular meeting is January 30th, 8:30 in this room. Is everybody going
to make it?
COMMISSIONER VIGLIOTTI: I'll be out of town.
CHAIRMAN STRAIN: Anybody else?
COMMISSIONER SCHIFFER: I'll be here.
CHAIRMAN STRAIN: We'll have a quorum.
Right now the agenda for that meeting has two items on it. I expect it
to be a short meeting.
We also have a meeting on the 9th ofJanuary in this room at
8:30. It's a continuation ofthe LDC meeting of information that we've
asked to have, slightly revised in most cases. I would hope we can get
through that in the morning as well. We'll have to wait and see.
And on the II th of January, we have a continuation and
hopefully final meeting on the Cocohatchee Bert Harris claim that we
started last week. Like the others, I'm optimistic we can get through
that in half a day.
So hopefully if we stick to the tasks that we were assigned, we
might able to. We'll see where it goes.
And the other item for today is we have a request for a
continuation from staff for Petition CPSP-2007-6. It's the potable
water sub-element. It was going to be continued indefinitely. Can I get
staffs concurrence on that?
MS. VALERA: Good morning. Carolina Valera, Principal
Planner with the Comprehensive Planning Department.
Yes, Commissioners, we would like to continue this item.
CHAIRMAN STRAIN: Okay. We're going to have a few others,
so why don't we do them all at once.
There's Petition PUDZ-20005-AR-8674, which is the Hilton Hills
RPUD was scheduled for today. That's noted as being continued
indefinitely.
There's Petition PUDZ-2005-AR-9127, the Myrtle Woods LLC. I
Page 3
10l ll)!r
December 20, 2007
understand that's being requested to be continued until I believe the
first meeting in January. And those are the three continuances
requested for today. Is there a motion to approve the continuances?
COMMISSIONER MURRAY: So moved.
CHAIRMAN STRAIN: Mr. Murray. Seconded by?
COMMISSIONER ADELSTEIN: (Indicating.)
CHAIRMAN STRAIN: Commissioner Adelstein.
Any 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.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Any opposed?
(No response.)
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Okay, those items will be continued to
future dates.
Item #5
APPROVAL OF MINUTES - OCTOBER 26, LDC MEETING;
OCTOBER 26,2007, AUIR MEETING; NOVEMBER 1,2007,
REGULAR MEETING
We have some minutes to approve. We're going to hold off on
approving the October 26th LDC meeting. There's some further
research on that one needed.
Page 4
161 If1i9-'
December 20, 2007
But we would like a recommendation to approve the October
26th AUIR meeting. Is there such a motion?
COMMISSIONER MURRAY: So moved.
CHAIRMAN STRAIN: Mr. Murray made the motion.
COMMISSIONER ADELSTEIN: Second it.
CHAIRMAN STRAIN: Seconded by Commissioner Adelstein.
All those in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: We have the November 1st, 2007 regular
meeting. Is there a motion to recommend approval of that?
COMMISSIONER MURRAY: (Indicating.)
CHAIRMAN STRAIN: Mr. Murray again. Seconded by?
COMMISSIONER ADELSTEIN: I'll second.
CHAIRMAN STRAIN: Mr. Adelstein again.
Any discussion?
(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.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Any opposed?
(No response.)
Page 5
161 lAr
December 20, 2007
CHAIRMAN STRAIN: Motion again carries.
Item # 6
BCC REPORT - RECAPS - NOVEMBER 13,2007, REGULAR
MEETING
BCC reports. I just noticed, Kay, that we went to the format in
chart form. I think that's excellent. Pretty clear.
MS. DESELEM: Yes.
CHAIRMAN STRAIN: Thank you. I don't know if we need
further discussion on it.
I noticed that the BCC decided not to uphold the wellfield site
recommendation we made on Naples Motor Coach Resort. I'll be
following up with comprehensive planning staff on a concern I have
with that, since it's in the coastal high hazard area and the CCME, as
well as the CIE prohibit infrastructure improvements for non new
developments in the coastal high hazard area to be utilized there. I
asked David Weeks to respond to me on this. I haven't got a response
back, you're well aware of it. So I'll just wait and see what happens.
MS. DESELEM: I talked to Mike DeRuntz of Comprehensive
Planning yesterday. It has been assigned to him and he is working on
it. And it's my understanding that he will be contacting you.
CHAIRMAN STRAIN: Okay, but I e-mailed David Weeks so
I'm hoping David will respond.
MS. DESELEM: I guess he's working with his staff and he's
assigned that particular issue to Mike DeRuntz and --
CHAIRMAN STRAIN: Okay, Michael's been there a lot less
time than David has.
MS. DESELEM: I'm sure they'll get back to you on it.
CHAIRMAN STRAIN: Okay, thank you.
Item #7
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CHAIRMAN'S REPORT
Chairman's report. I don't think we have any.
Item #8C
PETITION: VA-2006-AR-I0092, MOHAMMED M. RAHMAN
We'll move right into advertised public hearings. First petition for
today is V A-2006-AR-I 0092, Mohammed M. Rahman, 2393 Lake
Trafford Road. This is a variance request in the Immokalee area.
All those wishing to testify on behalf of this action, please rise to
be sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Any disclosures on the part of planning
commission?
Mr. Midney?
COMMISSIONER MIDNEY: Yeah, I met with Mr. Rahman and
Mr. Fleming.
CHAIRMAN STRAIN: Okay. Anybody else?
(No response.)
CHAIRMAN STRAIN: I had an e-mail fromMr. Fleming. It's
kind of interesting, I won't go into the details, but needless to say we
didn't get to talk on it. I did talk to Mr. Thomas about it, and that's the
extent of my disclosures.
Okay, and if the applicant is ready for a presentation. You have
to come up to the microphone.
Mr. Fleming, you're new to this operation, I can tell.
MR. FLEMING: That's correct.
Stephen Fleming, with Stephen J. Fleming and Associates,
Project Engineer, representing Mohammed Rahman from Mahmuda,
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December 20, 2007
Inc. And I'd like to just go over the project.
CHAIRMAN STRAIN: You might pull the speaker a little closer
to you.
MR. FLEMING: Okay?
CHAIRMAN STRAIN: There you go. Now you can hear.
MR. FLEMING: Much better.
What I can do is give you a project description, brief, and then go
over some of the points that I'd like to make. And then I can answer
any questions that you might have.
CHAIRMAN STRAIN: Thank you.
MR. FLEMING: The site is an existing convenient store. It's a
drive-through convenient store that has two driveway connections off
of Lake Trafford Road. And also one connection off of Warden Lane.
What we'd like to propose is a brand new convenient store with gas
facilities, making it an automobile service station.
The new building will be 4,000 square feet. The existing building
is 1,000 square feet. That's to be demolished. It will contain two
covered gas pumps, 22 parking spaces, a new driveway connection on
Lake Trafford Road, a reduction, actually, from two to one, all the
landscaping, bringing it up to code, and some buffer zones with some
walls, actually.
The current -- the site is currently zoned C-3, and the surrounding
properties are residential.
I'd just like to say that the proposed project site does flow well
with regard to traffic. And there is adequate parking, as well as
adequate areas for landscaping and stormwater management.
However, the site does not meet the required minimum lot
frontage of 150 feet. We have 135 feet along Lake Trafford Road.
In addition, we're asking for a variance on the building setback
from 40 feet to 25 feet. So what we're lacking is 15 feet, actually, to
make this an automobile service station.
So that would be two variances that we're actually requesting,
161 lA:r
December 20, 2007
one for the lot width reduction from 150 feet to 135 feet, the other one
for the building setback from 40 feet to 25 feet.
Also, I'd just like to make five points, if! will, and then I can take
some questions.
The first point that I'd like to make is the existing site is old and
does not meet the LDC standards and requirements relating to building
architecture and landscaping.
The new landscaping and construction of the new building will
greatly enhance the beautification of the site; therefore, contributing to
the surrounding community.
Number two: New sidewalks and handicap access points will
make the site more accessible to the surrounding community.
A number of nearby residents do not drive and are forced to walk to
get goods. They will no longer have to cross Lake Trafford Road to
get these goods, coming from a safety standpoint.
Number three: The subject property provides an existing service
to the community providing goods. The proposed new automobile
service station will enhance the quality of services to the surrounding
community.
Number four: Along Lake Trafford Road there's one existing gas
station that is located on the north side of the road, two to three blocks
to the east. Providing gas services on the southern side of Lake
Trafford will serve to reduce impacts to State Road 29 for the
eastbound traffic flow. This will actually increase the number of
gasoline service stations options along the southern side -- yeah, the
southern side.
Number five: The existing driveway connections along Lake
Trafford Road, there's actually two of them, those do not meet county
code and are actually a danger to the community . We are proposing a
right in/right out only change reduction to just one driveway
connection along Lake Trafford. And this will serve to increase the
safety of vehicles entering and exiting the site. Traffic will no longer
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December 20,2007
be directed into the site from the westbound lane.
And that concludes my points, and I'd like to take any questions
if you may have some.
CHAIRMAN STRAIN: Thank you. Mr. Schiffer, then Mr.
Kolflat.
COMMISSIONER SCHIFFER: Stephen, what's the existing use
right now? What is there, or what historically has been there?
MR. FLEMING: I believe since 1987 it's been a convenient
drive-through store. So the drive-through lanes are him coming from
Lake Trafford. That's the existing use. And it's open for business as we
speak.
COMMISSIONER SCHIFFER: But when you say -- so it's not a
walk-up convenient store, it's purely a drive-through, or--
MR. FLEMING: From my experience it's a drive-through.
COMMISSIONER SCHIFFER: Okay. All right, thank you.
I'm done, Mr. Chairman.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLA T: Yes, you have there the Garden
Lake Apartment building. Are there any other residences there on the
west side at all, in addition to Garden Lake Apartments?
MR. FLEMING: Garden Lake entirely fronts the property.
COMMISSIONER KOLFLA T: On what side?
MR. FLEMING: On the west side. That's Warden Lane -- I'm
sorry, that's the east side is Warden Lane. And on the west side you
only have the Garden Lake Apartments.
COMMISSIONER KOLFLA T: That's the only residents on the
west side?
MR. FLEMING: That's correct.
COMMISSIONER KOLFLA T: But on the south and to the east
there are residential areas; is that correct?
MR. FLEMING: That's correct.
COMMISSIONER KOLFLA T: Was there any kind of
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December 20,2007
investigation with them if there's any people there that were opposed
to it or in favor of it?
MR. FLEMING: Along the south and the east sides?
COMMISSIONER KOLFLAT: Yes.
MR. FLEMING: We did send out notifications, and we did have
a brief interaction with one of the residents.
COMMISSIONER KOLFLAT: Was that a neighborhood
meeting that you had?
MR. FLEMING: No, sir.
COMMISSIONER KOLFLA T: This was just a meeting you set
up voluntarily?
MR. FLEMING: This was a notification that I sent out via mail
to the surrounding property owners.
COMMISSIONER KOLFLAT: And what was the response that
you received from those meetings?
MR. FLEMING: Well, the only correlation we had was that one
of the neighbors was opposed and might have an issue with the
proposed development.
COMMISSIONER KOLFLA T: What was his reason for being
opposed?
MR. FLEMING: Increased traffic flow.
COMMISSIONER KOLFLA T: Thank you very much, Mark.
CHAIRMAN STRAIN: You're welcome.
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I was going to ask about
neighborhood information and the opposition.
What condition is the existing building in?
MR. FLEMING: I would say it's in fine condition, although it
does not meet county codes for architecture.
COMMISSIONER VIGLIOTTI: Thank you.
CHAIRMAN STRAIN: Any other questions at this time?
(No response.)
Page 11
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December 20, 2007
CHAIRMAN STRAIN: I have a couple.
The staff has recommended denial. But on the premise that it
might be approved, they've suggested two conditions. Are you
familiar with those two conditions?
MR. FLEMING: Yes, sir.
CHAIRMAN STRAIN: Do you have any objection to them?
MR. FLEMING: No, sir.
CHAIRMAN STRAIN: Anybody else have any questions?
(No response.)
CHAIRMAN STRAIN: Thank you. We'll ask for staffs
presentation now.
MS. GUNDLACH: Good morning, Commissioners. I'm Nancy
Gundlach, Principal Planner with Zoning and Land Development
Review.
And I just have a few points I'd like to make for clarification. In
1987 this building was originally permitted for a fast food restaurant.
And regarding the neighborhood information meeting, there is none
required for a variance such as this. So I just wanted to make that clear
for the record.
And we are recommending denial of this petition because there
are no land-related hardships associated with this property. And so
therefore we recommend that you forward this petition to the Board of
Zoning Appeals with a recommendation of a denial.
And if you should choose to approve this petition today, we do
have two recommendations. And the first recommendation I would
like to make a slight revision to. And I'm going to read that into the
record.
Number one, the 15-foot variance granted is limited to the side
yard encroachment for the proposed convenient store along the west
property boundary. And these are the new words. And to a 15-foot lot
width reduction. And the rest reads the same as written. And it states,
as depicted in the applicant's submitted site plan dated February 14th
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Dl~Jer 2JJ}O;
of2007, included as Exhibit A.
The second condition would be: In addition to the required
landscaping on the outside of the eight-foot high wall, the inside of the
wall shall be landscaped with a single row three-foot minimum high
hedge planted a minimum of three feet on center, and maintained at a
minimum height of five feet.
And that concludes my summary for today. If you should have
any other questions --
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLA T: Yes. Although there is no
requirement for a neighborhood informational meeting, there's no
preclusion of that if the developer wants to take that initiative, is
there?
MS. GUNDLACH: That's correct.
COMMISSIONER KOLFLA T: Thank you.
CHAIRMAN STRAIN: Nancy, have there been any proposed
hours of operation for this facility?
MS. GUNDLACH: Not that I'm aware of.
CHAIRMAN STRAIN: The reason I asked, it's in a C-3 zone
surrounded by residential, and that may pose a compatibility problem
if there's any extended hours of operation.
So I guess what we'll end up doing is reasking the applicant what
they intend on for hours of operation, so -- any other questions of
staff?
Mr. Schiffer?
COMMISSIONER SCHIFFER: Nancy, on the aerial you
provided, it shows a Garden Lake Circle being noted. Is that a private
drive?
MS. GUNDLACH: Yes, it is. That's actually a PUD where that's
located.
CHAIRMAN STRAIN: Any other questions of staff?
(No response.)
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December 20, 2007
CHAIRMAN STRAIN: Okay, thank you, Nancy.
And before we hear from the public, I'd like to ask Mr. Fleming
to come back up for a moment and respond to my question concerning
hours of operation.
MR. FLEMING: The owner would --
CHAIRMAN STRAIN: Stephen Fleming for the record, right?
You need to state your name when you start here, sir, so that the court
recorder knows each time who you are.
MR. FLEMING: Yes, sir. Stephen Fleming.
CHAIRMAN STRAIN: Okay, thank you.
MR. FLEMING: The owners would like to maintain hours of
operation 5 :00 a.m. to 11 :00 p.m.
CHAIRMAN STRAIN: Thank you very much, sir.
MR. FLEMING: Thank you.
CHAIRMAN STRAIN: Okay, any other questions?
(No response.)
CHAIRMAN STRAIN: Ifnot, we'll hear from the public.
Mr. Thomas, I think you're probably the only public speaker
here.
MS. DESELEM: Excuse me, we have three.
CHAIRMAN STRAIN: You have three.
MS. DESELEM: We have three.
CHAIRMAN STRAIN: Okay, I didn't see everybody sitting here.
That's great. Who's first then on the list?
MS. DESELEM: The first speaker that registered is Carlos
Gonzalez, to be followed by Jim Schultz, I believe.
MR. GONZALEZ: Good morning, Board. My name is Carlos
Gonzales. I live at 1104 Marjorie Street, about approximately 150 feet
from the proposed development.
As a resident, I 100 percent opposed to this project. Living there
I'm subject and family members subject to a lot oftraffic crossing the
roads there in the morning. In the afternoon there's a lot of walking
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Dlf?uJer 2J 2~O~
traffic that comes from Eden Park across the -- you know, these
people get to this drive-through, which, you know, they purchase beer
-- whatever the case is, there's a lot of road traffic crossing this Lake
Trafford Road.
There's been crimes committed, you know, because of this, you
know, people crossing -- you know, people getting run over, shot, you
know, a couple blocks down there's been a person killed. So I'm 100
percent opposed to this project, the future development.
As a resident, I've gone around the neighborhood and spoke to
some of the current residents, and they also oppose this proposed
development. They feel the existing infrastructure is not adequate to
support this future development. Furthermore, they're working
individuals, you know, professionals. Not everybody there, you know,
work out in the -- you know, picking crops and whatnot. We are
professionals that live there. We've moved to Immokalee, you know,
to maintain a country living. And that's where a lot of the residents,
you know, feel and opposed to this development.
Any questions?
COMMISSIONER VIGLIOTTI: Yeah, I have one.
CHAIRMAN STRAIN: Any questions?
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: What correlation do you draw
between the shooting, this location or the proposed location?
MR. GONZALEZ: Well, there isn't a specific correlation. I'm
not, you know, forecasting the future or not. But when there's, you
know, a lot of people coming in and out, you know, for example,
there's a Miromar Shopping Center or a convenient store to the south
of Lake Trafford Road about a half a mile down. There's been, you
know, cars breaking (sic) in. You know, it's just -- I'm afraid that if we
allow this gas station, you know, there could be, you know, I don't
know, you know, crimes committed, you know, the nearby residents,
you know, affected to this or exposed to this, you know. You know,
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161 lA'O-'
December 20, 2007
people committing crimes and whatnot.
So to answer your question are we are opposed to this
development, because we moved to Immokalee to maintain, you
know, a humble, you know, country, you know, resident living.
CHAIRMAN STRAIN: Are there any other questions?
Mr. Murray?
COMMISSIONER MURRAY: Good morning, sir.
This is zoned C-3, so that's commercial.
MR. GONZALEZ: Correct.
COMMISSIONER MURRAY: Would you have a preference to
what would be there? And if you did, would you think that that would
not also draw the potential for crime if crime exists?
MR. GONZALEZ: Well, let me just start by answering, I've
offered to buy the property from the current owner to shut it down.
There's extreme lights. Like I say, I live approximately 175 feet from
the frontage north side of this proposed project.
So there isn't much traffic now. It's only opened couple days a
week now, as Mr. Fleming said. You know, I don't think he knows the
correct operation hours there. You know, I've been keeping an eye on
this project. You know, I've, you know, lived -- when I first moved
into this residence, the place was shut down.
So now currently there's only maybe two hours working -- or two
days, probably four, five hours a night. And that generates some
traffic, and the lights are on. And I mean, it's just a lot of
inconvenience for, you know, the surrounding residents.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: You had said you offered to
buy this location. For what purpose would you do if you purchased it?
MR. GONZALEZ: Shut it down.
COMMISSIONER VIGLIOTTI: And?
MR. GONZALEZ: Shut it down, you know, for future. You
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December 20, 2007
know, just to keep it down -- I mean, there's just too much going on at
that property site.
COMMISSIONER VIGLIOTTI: So you'd shut it down, let it sit
idle --
MR. GONZALEZ: Yes.
COMMISSIONER VIGLIOTTI: -- and deteriorate.
MR. GONZALEZ: Yes.
COMMISSIONER VIGLIOTTI: Okay, thank you.
MR. GONZALEZ: It's deteriorated now. If you've been out to the
site, you know, the roof is all -- you know, hasn't been worked on.
They've recently painted, you know, halfway painted the building. So
it's -- you know, landscaping, it's just a mess.
So I hope that answered your question.
CHAIRMAN STRAIN: So you had proposed to purchase the
property, and you didn't purchase it for what reason?
MR. GONZALEZ: They didn't sell it to me.
CHAIRMAN STRAIN: Okay, they sold it to somebody else, the
gentleman that's here today then, or whoever is trying to change it
today?
MR. GONZALEZ: No, the current owner is the person. I spoke
to his nephew that works there at the convenient -- or at the
drive-through, and he said it, you know, wasn't for sale.
CHAIRMAN STRAIN: And you were simply going to buy it so
that nothing could be built on the property.
MR. GONZALEZ: Correct.
CHAIRMAN STRAIN: I wish everybody had that opportunity.
Okay, thank you, sir. I appreciate it. No other questions. Thank you.
And the next public speaker. Mr. Schultz I would think is the
subject of the third item today, not the first.
MS. DESELEM: That's correct. There are two speakers. He is for
item E.
The next speaker is Fred Thomas, and he is your last speaker on
Page 17
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December 20, 2007
this petition.
CHAIRMAN STRAIN: Thank you.
MR. THOMAS: For the record, my name is Fred Thomas. I'm a
resident oflmmokalee.
I've got to describe this site, because you all have -- you all are
not -- and he's agreeing with me, that you all don't have any clue what
we're talking about.
Lake Trafford Road is a major east-west thoroughfare in
Immokalee. This location is about two and a half blocks from Carson
Road, a new intersection that was brought all the way through going
north and south.
On the comer -- on the northwest comer of Carson Road and
Lake Trafford is a gas station/convenient store. When you come south
and go east on Lake Trafford Road, you come to a couple of
residences; one was converted to a church, I believe. A little further
down you've got the Garden Lakes Apartments, which has a long
driveway going back and the residents are in the back. And right
adjacent to the Garden Lake Apartment -- I'm sorry, I missed one.
There's Summer Glen first, and then further -- which is an elderly
complex on that same side of the street. And further down you've got
the Garden Lake Apartments about a block down.
And then right next to it you have -- here's what you've got.
You've got a drive-through, narrow drive-through store where the
accessways into it or not consistent with current standards that could
operate right now from 5:30 in the morning till 11:00 at night. It's
been marginal business operating out of there. But if somebody
wanted to, without a variance, they could operate the business right
now, which would be a very dangerous situation the way the traffic is
working. There are no protections between the folks in Garden Lakes
coming across the driveway to go to the store right now, okay?
What they're proposing to do is take that building down, put up a
different set of buildings, have a different accessway to get in and out
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December 20, 2007
and shut down the possibility of cross-traffic between the Garden
Lakes and this property without them not coming around in the right
way, okay?
We have an opportunity with this variance to make a much safer
situation than you have here now, a much safer situation than you
have here now, okay?
Further understand, if we put another gas station there, in our
future land use plans we're going to bring Little League Road from 82
all the way to 846. And Little League Road is about an eighth of a
mile to the west of this location.
That means that folks that live to the west of this location can
come, get their goods and services and go back and never have to
impact Lake Trafford Road going to the east. Even if they want to go
to Fort Myers, they can go out the back way.
So it's good to have these kind of services out there where people
can come in and go. But you've got to clean that situation up, because
it's a bad situation from a sight standpoint and a hazard standpoint,
because of the way the building is configured right now.
Because right now it is set up so that you can drive your car
around the building, make your purchase without getting out of the car
while other kids and whatnot are trying to get into the building to
make purchases.
So this variance and this improvement would be a safety thing,
especially with the requirements that the county has made with the
barriers and that kind of stuff, you know, the wall down between the
two places. That would make it a whole lot better.
COMMISSIONER SCHIFFER: Mark, I --
CHAIRMAN STRAIN: Thank you, Fred.
Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, Mr. Thomas, what is this
land going to be shown on the future -- the plan here?
MR. THOMAS: It's going to be all commercial.
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December 20, 2007
COMMISSIONER SCHIFFER: All the way down that street?
MR. THOMAS: All the way down the street.
In fact, on the southeast corner of Carson Road and Lake
Trafford, just down the street, there's 130,000 square feet of
commercial already approved in the PUD, Arrowhead PUD.
COMMISSIONER SCHIFFER: The other redeeming value I
thought in this thing might be the fact that does that neighborhood
have a lot of people living there that don't have cars that would be
walking to this --
MR. THOMAS: A lot of pedestrians. That's the point that
Fleming tried to make and didn't make it strong enough.
Right now the elderly folks and the folks in Garden Lakes have to
cross Lake Trafford to get a loaf of bread, a pack of cigarettes or
whatever they want. Now they'll be able to turn right, come down
almost the same distance and go into this store without ever crossing
Lake Trafford Road.
COMMISSIONER SCHIFFER: Okay. In the future land use plan
are you going to have any lighting requirements? I mean, the concern
I have about a use like this is that it's a bright use. I mean, I know we
can discussion shielding, light from property lines, but it's going to --
the ground's going to be brightly lit. And you want that, because you
don't want a crime situation.
MR. THOMAS: As I looked at the site plan for this thing, the
lighted portion is going to be on the Lake Trafford side.
COMMISSIONER SCHIFFER: Under the canopy?
MR. THOMAS: Under the canopy and on the Lake Trafford
side. And the new building would be between Lake Trafford and the
gas pumps and the residential further down the street. There's only one
resident, one residential unit that might be affected about that, and that
would be the one across to the east. Across, I think it's Warden Lake
or Warden Lane or something. That's the only residents. Otherwise
you'll have a new building screening the ones down, further down,
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December 20, 2007
you know, from what's happening on Lake Trafford.
COMMISSIONER SCHIFFER: Let me just say it again, is that
in the future plan that's proposed that the south side of Lake Trafford
Road be commercial.
MR. THOMAS: Yes.
COMMISSIONER SCHIFFER: All right, thank you.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I'm sorry, it's not for him, it's
for staff. Do we have somebody here from --
CHAIRMAN STRAIN: Let's wait till we get to staff.
Do you have any other questions of Mr. Thomas?
COMMISSIONER VIGLIOTTI: No, thank you.
CHAIRMAN STRAIN: Anybody else?
(No response.)
CHAIRMAN STRAIN: Thank you, Fred.
MR. THOMAS: Anything I can do to help.
CHAIRMAN STRAIN: Okay, staff, Mr. Vigliotti has a question
from members of staff.
COMMISSIONER VIGLIOTTI: Do we have anyone here from
transportation?
MS. DESELEM: No, we do not.
COMMISSIONER VIGLIOTTI: Okay, then I will ask you.
I don't see any recommendations, based upon transportation problems
or transportation issues. Do you see a problem with additional traffic,
ins and outs of the property?
MS. GUNDLACH: Transportation, they don't evaluate variances.
However, they will be evaluating this particular project at the time of
SDP.
COMMISSIONER VIGLIOTTI: So that will be fine, at SDP
they can decide if it's a problem or not.
MS. GUNDLACH: Yes.
COMMISSIONER VIGLIOTTI: And if it's a problem, they can
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December 20, 2007
address it at that time.
MS. GUNDLACH: Yes.
COMMISSIONER VIGLIOTTI: Okay, thank you.
COMMISSIONER MIDNEY: Mark?
CHAIRMAN STRAIN: Mr. Midney, then Mr. Schiffer.
COMMISSIONER MIDNEY: I'd just like to make a comment
about the traffic, if that's acceptable.
CHAIRMAN STRAIN: Go right ahead.
COMMISSIONER MIDNEY: I think it will probably be a plus
for the traffic. Because it will be something that will capture traffic
and especially like for the gas stuff and for the convenience stuff. It
will probably prevent longer trips along the road. But I don't think it
will be generating a lot of new traffic.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: And question to Nancy. When
you introduced this, you said that it was -- has a permit to be a fast
food restaurant?
MS. GUNDLACH: When it was originally permitted back in
1987, it was permitted for a fast food restaurant.
COMMISSIONER SCHIFFER: So the -- but the use described
today is not a fast food restaurant.
MS. GUNDLACH: No, it's no longer a fast food restaurant.
CHAIRMAN STRAIN: Mr. Thomas, go ahead.
MR. THOMAS: Fred Thomas back.
It's never been a fast food restaurant there. Never. I've been here
since '86. It has never been a fast food restaurant. It's always been a
drive-through store.
CHAIRMAN STRAIN: Thank you, sir.
COMMISSIONER SCHIFFER: But Mr. Thomas's concern about
the operation, couldn't you cure that by making it become a fast food
restaurant? Anyway, enough said.
CHAIRMAN STRAIN: Any other questions of staff, anybody
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else?
(No response.)
CHAIRMAN STRAIN: With that, we'll close the public hearing
and entertain a motion.
Mr. Midney?
COMMISSIONER MIDNEY: I'd like to move that
V A-2006-AR-I 0092 mini-supermarket be forwarded to the BCC with
a recommendation of approval, with staff recommendations, including
the revised staff recommendations that --
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: I'll second it.
CHAIRMAN STRAIN: Mr. Midney made the motion, Mr.
Schiffer seconded. Is there any discussion?
Mr. Midney?
COMMISSIONER MIDNEY: Yes, I would just like to say why I
think it's a good idea.
Right now as everyone has said, the site has been abandoned. It
looks pretty nasty. It's only open for four or five hours at night. This
would -- in the future Lake Trafford is going to be four-Ianed, so there
will be a need for more business.
In Immokalee it's not necessarily easy to run a small business.
This businessman who's going to be running this has had a successful
convenient store in another location for several years.
While in general I think variances are not a good idea, I think on
the balance this will be a service to the community because it will
increase competition, it will be a way for pedestrians to be able to
purchase food without having to walk and cross that busy road. And I
think that it will be -- on the whole it will be a positive because it will
all be up to code. I think it will be attractive and I think it's a good
idea.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Yes. And Commissioner Schiffer
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December 20,2007
brought it up and I was going to bring it up, too. Especially in light of
5:00 a.m. to 11:00 p.m., which is apparently okay, low lighting, some
kind of shielding or perhaps modification of lighting to help assure
that the neighbors do not have light problems from this.
CHAIRMAN STRAIN: I believe that may be part of the code
already, Mr. Murray. Isn't it -- are lighting issues addressed in the
code?
MS. GUNDLACH: Yes, it is.
COMMISSIONER MURRAY: Okay. I do recall that there was a
gas station we did some time ago where we actually brought the
lighting down from the code, and that was what I was trying to relate.
But if the code is adequate and gives the residents no problem from
glare, that's fine.
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Yes, sir, Mr. Schiffer?
COMMISSIONER SCHIFFER: There was a concern I have,
having been near one of these with a studio is, is there a way we could
limit outside speakers on these things? I know that there may be some
code requirements for speakers at the gas pumps but, you know, the
one I lived in, the people used to yell at people hanging out through
the speaker systems and stuff.
So it would be nice if we could keep this nice and quiet. I think
the brightness of it is a negative, but having Christmas carols or some
idiot yelling at vagrants through a speaker system is not a good idea.
CHAIRMAN STRAIN: Would a speaker system have to qualify
as outside entertainment in this case and have to be under the noise
ordinance requirements for permitting?
COMMISSIONER MURRA Y: Get a table and chairs out there.
MS. GUNDLACH: Oh, my goodness. I'm going to defer to my
experts over here.
MR. SCHMITT: For the record, Joe Schmitt.
The only way it would be impacted by the noise ordinance, if it
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- December 20, 2007
exceeded the limits, decibel limits and the time limits as well. So
probably most likely not.
COMMISSIONER SCHIFFER: So I could add a condition that
no exterior speakers unless required by some life safety code
somewhere. I mean, there could be a requirement at the pumps for the
attendant to tell the guy his car is on fire.
MR. SCHMITT: Yeah, that would be the only point I'd bring out
is that would not prohibit some kind of speaker at the pump if there
was a night attendant having to talk to somebody at the pump. But
that's pretty localized.
So what you're basically saying is no outdoor P A system that's
playing elevator music or some other type of music.
COMMISSIONER SCHIFFER: Essentially no exterior speakers,
unless required by a governing authority.
CHAIRMAN STRAIN: Mr. Midney, did you want to comment
on that?
COMMISSIONER MIDNEY: Yeah, we don't have any service
stations in Immokalee that have speakers that I'm aware of.
CHAIRMAN STRAIN: I think we're trying to cover it for now
and the future. But before we ask you to include that in your motion,
let's make sure we have everything. And the only thing I hadn't
mentioned is the limitation of hours of operation. And since 5:00 a.m.
to 11 :00 p.m. were volunteered and there doesn't seem to be -- that
seems to be reasonable, I would suggest we lock it into that so it can't
go 24 hours and cause more of a concern.
Does everybody --
COMMISSIONER MIDNEY: That's fine.
CHAIRMAN STRAIN: Now, let's make sure we have
everything.
Motion was made to include the two staff recommendations as
revised here, with the language inserted at this meeting, which under
the first one included adding language to that it's a IS-foot lot width
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December 20, 2007
reduction, as well as the rest of the language in number one.
Number two stayed as is.
The third condition would be limit outside speakers to code
required speakers only, if there's such required by an agency.
And the fourth item would be limit the hours from 5:00 a.m. to 11 :00
p.m.
Is that in conformance of what staff understands?
MS. GUNDLACH: That's correct.
CHAIRMAN STRAIN: Clear enough?
MS. GUNDLACH: Yes.
CHAIRMAN STRAIN: Anybody else?
(No response.)
CHAIRMAN STRAIN: Does the motion maker accept those
conditions?
COMMISSIONER MIDNEY: (Nods head affirmatively.)
CHAIRMAN STRAIN: That nod means a yes?
COMMISSIONER MIDNEY: Yes.
CHAIRMAN STRAIN: Does the second accept it?
COMMISSIONER SCHIFFER: Yes, I do, Mark.
CHAIRMAN STRAIN: Okay, both motion maker and the second
accept them.
Any further discussion?
(No response.)
CHAIRMAN STRAIN: All in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed.
(No response.)
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December 20, 2007
CHAIRMAN STRAIN: Motion carries 7-0. Thank you. Merry
Christmas to you all. Thank you, Fred.
Item #8D
PETITION: VA-2007-AR-12232, JOHN HAMILTON
Next item on today's agenda is Petition VA-2007-AR-12232. It's
noted as the Hamilton variance. And it's up in The Shores -- 85 Shores
Avenue, in Palm River Shores subdivision.
All those wishing to partake in this particular item, please rise, be
sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Any disclosures on the part of planning
commission?
(No response.)
CHAIRMAN STRAIN: Hearing none, we'll proceed.
Applicant's presentation?
MR. TRAFICANTE: Good morning, Mr. Chairman and fellow
commissioners. My name is Michael Traficante, and I'm appearing on
behalf of the applicant, John Hamilton.
I just want to go through a brief historical background, as well as
the factors that are under the Land Development Code before opening
up to questions, as the staff report prepared by John-David Moss was
all-inclusive and pretty much summarized everything to the fullest
extent.
Our client purchased the property at issue, which is a
single-family residence, on January 27th, 2005. The original structure
was built on -- in or about 1973, according to the cards that we've
received from the property appraiser's office.
The property and the surrounding property is all zoned RSF-4. It
is a platted residential subdivision.
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December 20, 2007
We are seeking an after-the-fact variance for -- as you can see,
I've illustrated, the highlighted portion is the sole portion that's
encroaching.
When we first filled out our variance application, we had
originally thought it was a five-foot setback on the sides, due to the
date that the building was built, the structure was built. However, after
investigation, the county had discovered that there was an
improvement that our client wasn't aware of, so in accordance with
that in 1994 the improvement was made so there would be a seven and
a half foot setback pertaining to the site at issue.
As you can see from the survey that was attached to your
materials, there is an encroachment ranging from -- the setback on the
side at issue is the northeast comer of the lot. And there is an
encroachment for 19.7 feet for that side, which is approximately 37
percent of that side solely. And it ranges from the setback in existence
right now, it ranges from 3.6 feet to approximately 6.3 feet.
So the variance that we would be requesting would solely be
ranging from 3.9 feet at the worst to 1.2 feet at the lowest. And the
remaining side fits within the county's requirements. It ranges from
seven and a half foot setback to I believe an 18.1 foot setback, well
within the county's requirements.
In going through and looking at the property, you can see it's an
odd pie-shaped property. It's a small lot. It's only .13 acres. We believe
that the configuration of the lot had probably contributed to the
previous owner building it in the fashion that it was built.
As I said, it's -- it is a preexisting condition that existed prior to
the applicant purchasing the property in 2005.
We are asking solely for the minimum variance required.
If the variance isn't granted, it would have a detrimental effect on our
client because the improvement that's existed since 1994 would then
have to be significantly moved back, ranging from 3.9 feet to 1.2 feet
for the portion of the side that is encroaching.
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December 20, 2007
Going through the other factors under the Land Development
Code, by definition a variance does grant a special benefit on the party
that is getting the variance. However, our client is not seeking
anything in addition or any other additional benefits other than what
we're asking for here today. It's not -- it doesn't injure the safety,
welfare of the public, there is accessibility, as you can see from the
photographs that were within your packet. It also doesn't preclude
light and air, as you can see from those photos.
This has been a preexisting condition that has existed since at
least 1994.
We did send out the proper notices to the landowners within 150
feet of the property. We did not receive any opposition. We actually
did receive a letter from an adjacent lot owner that's affected from it,
giving us his unequivocal approval that he has no objection to the
variance application.
The only other thing I would like to point out is from the pictures
you can see that there is a lot of vegetation also that's in between the
affected house and the property at issue, which does stand in the way
and obviously, you know, shield the improvement that was at issue.
At this time I would just like to open the floor for questions, as I
feel that Mr. Moss's report pretty much summarized everything else.
CHAIRMAN STRAIN: Thank you.
Are there any questions?
Mr. Kolflat.
COMMISSIONER KOLFLA T: Yes. This installation has been
existing since 1994; was that correct?
MR. TRAFICANTE: From what the county has discovered, yes.
There was a permit issued in 1994 for an enclosure, from what I
believe. And I would defer to Mr. Moss to clarify that more. However,
there was no C.O. ever issued, but it was concluded that it existed
since 1994.
COMMISSIONER KOLFLA T: But it has existed for 13 years?
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December 20, 2007
MR. TRAFICANTE: Yes.
COMMISSIONER KOLFLA T: Well, what triggers the
complaint now, or what is the reason for wanting a variance at this
point in time, since apparently there was no objection to it up till now?
MR. TRAFICANTE: Our client purchased the property in 2005,
and this has been hanging over the property's head I guess since then.
We went through the procedure of -- our client on his own went
through the procedure of attempting to get a variance at the beginning,
but there was issues as to what the applicable setback was, whether it
was five feet, whether it was seven and a half feet. So that dragged on
for a little. And then we became involved and have taken over the
variance application in regards to that.
COMMISSIONER KOLFLA T: But he didn't need to get a
variance; there was no demand that he get a variance. Code
enforcement hadn't come to play in there, had it?
MR. TRAFICANTE: No, not that I'm aware of, sir.
COMMISSIONER KOLFLAT: Okay, thank you.
CHAIRMAN STRAIN: Any other questions?
(No response.)
CHAIRMAN STRAIN: Thank you, sir.
MR. TRAFICANTE: Thank you.
CHAIRMAN STRAIN: Staff presentation?
MR. MOSS: Good morning, Commissioners. John-David Moss,
Department of Zoning and Land Development Review.
I really have nothing further to add to Mr. Traficante's
presentation, but would be glad to answer any questions you may
have.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: At the pre-application meeting, I
notice you had a representative from the fire department. Was there
any concerns whatsoever about access?
MR. MOSS: No.
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December 20,2007
COMMISSIONER SCHIFFER: Nothing whatsoever.
Is the construction of that part of the building wood or
aluminum?
MR. MOSS: It's wood and masonry.
COMMISSIONER SCHIFFER: So it's combustible material.
MR. MOSS: I think it's predominantly masonry. But there is a
wood trellis that separates the two properties.
COMMISSIONER SCHIFFER: But the overhang of the roof
goes past this dimension, correct?
MR. MOSS: No, I don't think the -- does the overhang of the roof
-- you might want to ask the owner of the property. He's here. Or it
may be obvious from the pictures. But when I went to the site, I don't
recall --
COMMISSIONER SCHIFFER: Look on page --
MR. MOSS: -- whether or not it did overhang.
COMMISSIONER SCHIFFER: -- 5 of8.
MR. MOSS: Okay, clearly it's there, sure.
COMMISSIONER SCHIFFER: And is that aluminum or is that a
combustible material?
MR. MOSS: I want to say it's aluminum, but that might be a
better question for the owner, who's here.
COMMISSIONER SCHIFFER: I want you to say it's aluminum
too.
MR. MOSS: I believe that it is.
COMMISSIONER SCHIFFER: So in other words, what are we
going to do about catching up with the building code -- you know, the
building code requirements on this building?
CHAIRMAN STRAIN: Well, this is a planning issue, so I'm not
sure we -- I mean, I'm not familiar with the building codes for this
building, are you, John-David?
MR. MOSS: No, I'm not.
CHAIRMAN STRAIN: So I think that's a building department
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December 20, 2007
issue to be taken up by them, not by the planning commission.
MR. SCHMITT: It's a single-family home, it's an existing home.
The only way it would even require them to come up to code, and I'm
sure you know this, Brad, is if they come in and attempt to do some
remodeling. Even so, even with the fire, fire normally is not involved
in a review of a single-family home.
COMMISSIONER SCHIFFER: But we're not here because we
have a building that was built according to permit, because we
wouldn't be here. I mean, obviously with a variance there's something
done without the required permits.
CHAIRMAN STRAIN: But if we grant the variance, it's up to
the county building department to determine if it's been built to
building codes. It certainly isn't part of our knowledge or preview,
other than you. And I'm certainly not -- if we're going to get into
building codes, I need to -- we need to continue this and let me read
the entire building code and go from there, and I don't see that as a
necessity for this board.
COMMISSIONER SCHIFFER: That's not my question. It's not
up to us to do the code. And I don't think it's funny, because I think
that, you know, we have state statutes on building, and I think that,
you know, when we trigger these variances and we say it's okay, it
was built without a permit, so it didn't have the proper inspection.
But the question really was that somebody was -- from fire was at
the meeting, and at the meeting did you guys discuss access for the
fire and combustibility of the building?
MR. MOSS: We didn't discuss that in particular, but Ken Abler
from the fire department was there and he did sign off it on it saying
he had no objections.
COMMISSIONER SCHIFFER: Okay. I'll go on that. Thank you.
CHAIRMAN STRAIN: Any other questions of staff?
COMMISSIONER MURRAY: I just --
CHAIRMAN STRAIN: Mr. Kolflat?
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December 20, 2007
COMMISSIONER KOLFLA T: Yes. John, Nancy mentioned
earlier this morning that it's not a requirement to have a neighborhood
information meeting on the variance request. But this petitioner went
ahead and scheduled a neighborhood information meeting; is that
correct?
MR. MOSS: Not that I know of. I don't believe they scheduled a
neighborhood information meeting. I think they just sent out the
required letters to the affected property owners. And as Mr. Traficante
said, they got a letter of support from the only truly affected property
owner, who lives to the east.
COMMISSIONER KOLFLAT: Does the staff ever initiate
anything like that checking with the neighbors to see what their
reaction is to a variance?
MR. MOSS: I can't say that it's never been done, but no, it's not
normal protocol. I didn't verify it.
COMMISSIONER KOLFLA T: I think that's a good idea. Have
you ever talked about maybe making that part of the review process,
in case of a variance, to ensure that no one in the neighborhood has a
serious objection to it for a valid reason.
MR. MOSS: Well, I guess that's the idea behind sending the
letter out to the adjacent property owners is in case there is anyone
who objects to it, they have the opportunity to contact staff.
CHAIRMAN STRAIN: Mr. Schmitt, did you want to respond to
that as well?
MR. SCHMITT: Just to add, a neighborhood information
meeting is normally triggered by a certain size variance or other type
of activity that triggers the neighborhood information meeting. This is
a variance for a single-family home. The requirement is for the
applicant to notify the residents within a certain number of feet. 300
feet, I believe, John-David?
MR. MOSS: Urn-hum, something --
MR. SCHMITT: Three hundred feet, if I recall.
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December 20,2007
That is the notification. We verifY that they send those letters out,
but we don't follow up and go and canvass those residents. They're
officially notified of the petitioner's request and they are then
informed or instructed to advise the county if they have any concerns.
COMMISSIONER KOLFLA T: But you do verifY that they make
the request.
MR. SCHMITT: Yeah, the letters are sent out, yes.
COMMISSIONER KOLFLA T: Thank you.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Mine was only a comment
relative to Page 5 where that picture shows what appears to be a
turkey fryer. I think enough said.
CHAIRMAN STRAIN: Are there any other questions or
comments from the planning commission for staff or the applicant?
(No response.)
CHAIRMAN STRAIN: Okay, is there any public speakers, Kay?
MS. DESELEM: No, sir.
CHAIRMAN STRAIN: With that, we'll close the public hearing
and entertain a motion.
Mr. Midney?
COMMISSIONER MIDNEY: I'd like to move that we forward
Petition V A-2007-AR-12232 to the Board -- the BCC with a
recommendation of approval.
CHAIRMAN STRAIN: Is there a second to the motion?
COMMISSIONER MURRAY: I'll second it.
CHAIRMAN STRAIN: Mr. Murry seconded the motion.
Discussion? All in favor, signifY -- Mr. Murray?
COMMISSIONER MURRAY: I was just going to say, I think it's
in the code, but just verifY that if the property is 51 percent or
destroyed, the site has to be relocated.
MR. MOSS: That's true. That is LDC language.
MR. SCHMITT: It's already in the code.
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December 20,2007
COMMISSIONER MURRA Y: That's my only comment. All
right, thank you.
CHAIRMAN STRAIN: Okay, we'll call for the question. All
those in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries, 7-0. Thank you all and
Merry Christmas to you.
COMMISSIONER SCHIFFER: Mark, could I discuss one little
thing about variances?
CHAIRMAN STRAIN: Sure.
COMMISSIONER SCHIFFER: And it's to Joe.
Joe, if a variance, an after-the-fact variance is approved -- and
I'm not so worried about this, but Mr. Murray did point out something.
If that is a combustible roof with a turkey fryer underneath it, yikes.
But anyway, the -- after we approve it here, is building department
notified? I don't want to big deal, I don't want everybody to go crazy,
but shouldn't somebody look at it?
And my main concern is one time we had a restaurant that had a
zero setback and we -- you know, it should have been 15 feet and we
approved it. But nobody went back and looked at that for being built
at zero. And the design of it, the parapet condition of it was not
acceptable for a zero setback. So is there any notification after it
leaves us?
MR. SCHMITT: Well, once they have the variance, they have to
come back in.y
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December 20, 2007
And they have the building permit for this? Is that what they --
they're going to have to permit it, go through the permitting process.
And if they're going to permit it properly, go through the permitting
process. They'll have to permit by affidavit, which would then trigger
some kind of a building inspection of some sort.
COMMISSIONER SCHIFFER: Okay, so that's the best answer.
If the thing was done without a permit, which most likely it would be
or the zoning would have probably caught it, then they would have to
go through that process and it's reviewed at that time.
MR. SCHMITT: Yes.
COMMISSIONER SCHIFFER: That's perfect, thank you.
CHAIRMAN STRAIN: Okay, thank you all.
Item #8E
RURAL FRINGE MIXED-USE DISTRICT
The next item on today's agenda is the rural fringe mixed-use
district, request that the Collier County Planning Commission, through
formal direction of the Board of County Commissioners, evaluate and
consider the feasibility of policy option three as it relates to potential
inclusion of determined illegal rural fringe mixed-use district sending
lands' properties into the TDR program.
All those wishing to testifY on behalf of this action, please rise to
be sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Thank you. Are there any disclosure?
(No response.)
CHAIRMAN STRAIN: Okay. Sir, go right ahead.
MR. THOMPSON: Hi, Joe Thompson, for the record,
Comprehensive Planning.
Just you have the staff report before you. Really gives you a
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December 20, 2007
detailed chronology as to how this issue has gotten here.
Initially it started in March of2005, just to kind of briefly go
through a few things. We had a private property owner who submitted
three severance applications to our department. Of the three actual
properties that were within -- actually, I believe there was more than
three. Of the three applications, one of the properties was denied
because of the deemed to be an illegal lot, which is a lot that was
created after the agricultural zoning centers were already in place,
meaning there's no density associated with the property, so we denied
the property severance.
The issue actually came to the board I believe back in September
through public petition from that particular property owner. Ultimately
petitioned the board to allow his illegal lot eligibility for severance.
Through a couple meetings subsequent to that, we ultimately
made some recommendations to the board which could potentially
have some options that would include these illegal lots in the TDR
program at their request.
The staff recommendation remain the same throughout, which is
the continual prohibition on illegal lots with respect to severance.
However, the board ultimately directed this issue to come to the
planning commission with respect to one option in particular, which
was option three, which would essentially allow illegal lots, TDR
participation on a proportional basis. Also, it would be those illegal
lots that are developable, but from a property size and lot
configuration perspective, not a zoning perspective, obviously,
because that's already off the table because they're illegal lots.
So that's really where we're at. And with that I'd be more than
happy to answer any questions you have or issues you'd like to
discuss.
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: Yeah, there were a lot of good
statistics in the report that we got, but the one question that I really
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December 20,2007
have is how many developable illegal lots did you find?
MR. THOMPSON: We have not evaluated the illegal lots for
whether or not they're developable. We initially did an analysis of
whether or not they were illegal lots or legal nonconforming lots.
COMMISSIONER MIDNEY: Because the reason I ask is that
option three proposes allowing developable lots to have TDR
severance capability. And it would be good to know, you know, how
many are there.
MR. THOMPSON: Sure.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: I mean, I'm assuming anybody
that has one of these lots does not own contiguous property; is that
correct?
MR. THOMPSON: I mean, that's a blanket assumption. It could
be true. I don't know for sure without evaluating more of these. You
mean with respect to ownership patterns, if they have more property?
COMMISSIONER SCHIFFER: In other words, if they have a
sliver lot, your lO-foot lot you define in the report. But if that's
alongside, you know, another lot, that would be an obvious solution.
MR. THOMPSON: Correct.
COMMISSIONER SCHIFFER: Go ahead. Joe had his hand up
about that.
MR. SCHMITT: Yeah, I need to go back to Mr. Midney's
question on developable lots.
When the law was passed, when the rural fringe mixed use
amendments were passed, it was -- a developable lot in the sending
area was one unit per 40 acres or a lot of record. These are lots that
were not a lot of record, so legally you could say they were not
developable.
When Joe refers to them as being developable, would it be a lot
of record or a lot of sufficient size to meet all the setbacks for, quote, a
building to be placed on it.
Page 38
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December 20,2007
So there is a legal issue of whether any lot would have been
developable. And so there's a twist of words there. And I hope I didn't
confuse you, but that's the whole issue here, they were illegal lots,
meaning they were severed prior to the date that established a legally
nonconforming lot.
COMMISSIONER MIDNEY: It is confusing.
MR. SCHMITT: Yes. I know I just threw a lot of things at you
and it's -- it's clear in my mind, I just want to make sure you're clear,
or Joe will clear it up.
MR. THOMPSON : Yeah, just to add one point. The illegal lot,
the simplest way to put it, at least with looking back through the staff
reports in the executive summary, is a lot that was created after the
agricultural zoning standards were in place.
So if you have zoning standards of one dwelling unit per five
acres that happens point A, and then point B you come and split a
property after that's already happened, you have an illegal lot. It's not
developable per zoning. And that's where we're at.
CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Midney.
COMMISSIONER SCHIFFER: But essentially the legal
nonconforming lot is a developable lot.
MR. SCHMITT: That's correct.
MR. THOMPSON: Exactly.
COMMISSIONER SCHIFFER: Right. And that would obviously
have to have been created prior.
MR. THOMPSON: Exactly.
COMMISSIONER SCHIFFER: And anything after that would
be the illegal lots.
MR. THOMPSON: Correct, yes.
COMMISSIONER SCHIFFER: Mark, I have -- I mean, I've gone
through the different options, and do you want to start discussing them
now or do you want them page-by-page like you normally do?
CHAIRMAN STRAIN: Let's see what Mr. Midney's got to say
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December 2et, ib07
first. Then we'll -- on a general issue. Mr. Midney?
COMMISSIONER MIDNEY: Okay, yeah, my main concern is
that we don't have a lot of these, you know, maybe 2.5-acre lots that
are in sending lands which should be preserved that people are -- well,
in can't sell them for TOR, I'm going to put a residence there.
But yet the illegal and the legal, would they have a right to put a
residence there? Or if they are illegal, would they not have a right to
put a residence there?
MR. THOMPSON: Per the zoning standards, there's no density
associated with the property, so you could feasibly conclude that no,
there wouldn't be eligibility to build anything on the property.
COMMISSIONER MIDNEY: Are you sure of that?
MR. THOMPSON: I would defer to Jeff for assurance on that
question.
MR. SCHMITT: It gets into the whole argument of when the lot
was actually divided, whether it was prior to the --
MR. KLA TZKOW: If it's legal nonconforming, you can put a
house on it, provided you can meet setbacks and everything else.
If the lot was severed after that magic date, then it's an illegal lot and
you cannot build on it, irrespective of the size.
COMMISSIONER MIDNEY: My final question.
CHAIRMAN STRAIN: Go ahead, Mr. Murray, then Mr.
Schiffer.
COMMISSIONER MIDNEY: Midney.
CHAIRMAN STRAIN: No, I mean after you is Mr. Murray.
COMMISSIONER MIDNEY: Oh, I'm sorry.
CHAIRMAN STRAIN: You started, so--
COMMISSIONER MIDNEY: Has some measure been taken so
that no more illegal lots will be created? I don't exactly understand
how they were created illegally in the first place, but are we going to
prevent that in the future?
MR. KLATZKOW: I think--
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~cemter 2&, fbo7
MR. THOMPSON: You ask a good question. I'm sorry, go
ahead, Jeff.
MR. KLATZKOW: The issue here is that you can go to the
property appraiser and split your lots, and the property appraiser
doesn't come to us and ask us for permission. And so that's how you
get the creation of these illegal lots. It's outside of our control, quite
frankly.
MR. SCHMITT: We've asked the property appraiser to notifY
anyone that if they're going to split a lot to come to the zoning
department to ensure that what they create would be legally
conforming. That doesn't happen. And--
COMMISSIONER SCHIFFER: It doesn't happen.
MR. SCHMITT: Separation of government. And unfortunately,
as Jeff said, you can own five acres out there and create -- and split it
five times and in an attempt to sell it. And somebody buys an acre and
learns that they bought something illegal.
I know the frustration there, but frankly it's the due diligence in
coming into the zoning department and finding out it's what they
bought.
COMMISSIONER MIDNEY: Could the BCC do something so
that this wouldn't happen in the future?
MR. SCHMITT: It's really got to be a cooperation between the
property appraiser and the Board of County Commissioners. We've
explored this. I believe their concern is they're assuming risk if they
advise someone of the legal pitfalls.
I don't have an answer for you. We've attempted to do this. We've
attempted for over two years to create some kind of a -- if nothing
more than to hand out a piece of paper saying please call someone at
the zoning department.
CHAIRMAN STRAIN: Mr. Murray, then Mr. Schiffer.
COMMISSIONER MURRAY: The year is 2050. All the
properties around are built up, or some of them are in conservation,
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December 20, 2007
which is the intent. That's the intent of all of this is to try and create
opportunities for storage of water or et cetera.
I'm concerned with what we're really -- the real crux of the
problem. And my understanding of it, anyway, is that if we don't do
anything with the lots, that lot could be clear-cut, right? The person
who owns it could come in, take all the lumber out of it and what have
you, then you have these ragged things.
CHAIRMAN STRAIN: Wait a minute. Before you step into the
next part of your question, let's answer that one. How can they clear--
how can an estates or a lot -- would they be able to clear-cut 100
percent clear lot under the Right to Farm Act or something like that
for a fraction of a lot that certainly --
MR. KLATZKOW: I think they could--
MR. SCHMITT: I look to the county attorney, because it -- the
Right to Farm agriculture, it's a lot. They could claim some ago
exemption. But it's still sending lands. They would have to come in for
vegetation removal permit of some sort.
Go ahead, Jeff.
MR. KLATZKOW: You've got to do something with the land.
It's zoned -- it is zoned agricultural. But I think you could clear-cut it
with the thought of doing row crops or something.
CHAIRMAN STRAIN: Thank you. Okay, sorry, Mr. Murray.
COMMISSIONER MURRAY: That's all right. No, I think it's
good that we're talking this point, because I recognize that we could
take a hard and fast look and say no, can't do it. But that doesn't solve
a problem that we're going to have with water, it doesn't solve a
problem with what the look of it will be and so forth.
And I just wonder, with the types of credits that are available,
whether a fractional might have some sense. Now, I've read the
arguments and I see that, I understand that, inflated and deflated
values and so forth.
But I just wonder, we're not -- unless this group here, this board
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decides to offer something else, we're not given much of an
opportunity to expand what another possibility can be.
I recognize you carry the staffs view, and that's fine. But I
looked at this and I said gee, okay, but then we still have a problem
forever. And so it doesn't seem to solve it.
Now, that's my comment. I don't really have a valid question. I've
tried to read this and understand it. I'd like to think that we could have
a discussion that would be better with people more informed than I.
CHAIRMAN STRAIN: Okay. Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, it's been answered,
thanks, Mark.
CHAIRMAN STRAIN: Okay. Any other questions?
(No response.)
CHAIRMAN STRAIN: Would you mind putting up -- this all
started over a lot in question. Would you mind showing the area --
putting that on the screen for us.
MR. THOMPSON: The lot in question?
CHAIRMAN STRAIN: Yeah, the one that generated the interest
here.
MR. THOMPSON: I don't have that today. I didn't bring that
with me today. I apologize for that.
CHAIRMAN STRAIN: Well, it's a IO-foot wide, I believe, strip
of land that runs between two legal lots. That obviously a 10- foot wide
strip of land is not one that would qualify under Option 3 as even an
illegal developable piece of land.
MR. THOMPSON: Correct.
CHAIRMAN STRAIN: But I'm understanding that someone
came in and wanted TDR severance credits for that I O-foot wide strip.
Do you know the purpose of the creation of the 10- foot wide strip
to begin with?
MR. THOMPSON: I do not know how it was created initially.
MR. KLATZKOW: It was a right-of-way easement.
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December 20, 2007
CHAIRMAN STRAIN: That's what I thought. It was 660 foot, or
approximately full depth of a lot long, typical Estates lot like?
MR. THOMPSON: Yeah, it was the exact same length as the lots
contiguous to it.
CHAIRMAN STRAIN: Just a long, 10-foot, skinny piece of
property. You could get access to the property possibly to the north.
MR. THOMPSON: Right.
CHAIRMAN STRAIN: Okay. Property apparently to the north
isn't needing it. Or for some reason this 10-foot strip is now being
offered as a -- being requested to have TDR credits applied to it.
MR. THOMPSON: Right, TDR severance for base and early
entry.
CHAIRMAN STRAIN: And that's what generated this issue?
MR. THOMPSON: Right. That was back in March of'05.
CHAIRMAN STRAIN: Have you had anybody else come in to
try to generate any issues similar to this? Any other examples?
MR. THOMPSON: No other illegal lots.
CHAIRMAN STRAIN: Okay. Have you had legal lots come in?
MR. THOMPSON: Legal nonconforming lots, yes.
CHAIRMAN STRAIN: And what was your department's
reaction to those?
MR. THOMPSON: We processed those for TDR severance,
because they're legal nonconforming lots that were -- the ones created
previous to the magic date of October 14, 1974. And that's pursuant to
the Growth Management Plan.
CHAIRMAN STRAIN: So since this program was in place, in
which I sat on this board when it was put in place, we've only had one
issue rise to the level that we have here today, and it was for a 10-foot
wide strip, approximately, or possibly 600 feet long, that was really
created as an access easement to some other property. And that's it.
And now we're looking at reinventing the wheel because of this one
10- foot wide strip that goes to this access property to the north.
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December 20, 2007
Okay, that makes -- I'm sure glad that we're spending all this time on
this. Thank you.
Are there any other questions of county staff?
Mr. Adelstein?
COMMISSIONER ADELSTEIN: This idea of being called
illegal, doesn't that have enough to do with it? I mean, it is illegal, and
we're now fighting it and we're still saying but it's illegal. I would
think that would kind of indwell if we said we don't want anything
that could do business with illegal. Or we shouldn't have have (sic) to
do it.
CHAIRMAN STRAIN: That's kind of what we're here to -- I
agree.
Mr. Schmitt?
MR. SCHMITT: There's no prohibition that these lands cannot
be donated to Conservation Collier or some other entity to put them in
preservation. If -- you've got the map that shows a fairly small
amount, and --
CHAIRMAN STRAIN: I did look it up on the map. It's -- yeah.
MR. SCHMITT: We can attempt to pull it up on the property
appraiser's website, if you want to see the lot.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Mr. Chairman, I really do respect
your statement. And maybe it is premature. However, they directed
for us to look at it so I've tried to look at it.
But I do wonder how many other quote, unquote, illegal lots of
any size are out there. If they were alllO-foot strips, perhaps that
would be meaningless. But if there are some others that are
meaningful.
In any event, my thought was we're trying to move these things
into conservation. If there's any way to do it, I thought that might be
useful.
CHAIRMAN STRAIN: Okay, are there any questions of staff?
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COMMISSIONER SCHIFFER: Just one.
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: What's the early bonus date?
When does that drop?
MR. THOMPSON: September 27th, 2008 is the expiration of the
early entry credit.
COMMISSIONER SCHIFFER: So we're coming up on that.
MR. THOMPSON: Yes.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Any other questions?
Mr. Midney?
COMMISSIONER MIDNEY: I just wanted to know how many
TDRs have been severed in this area.
MR. THOMPSON: Within the rural fringe general, in the
sending area?
COMMISSIONER MIDNEY : Yes.
MR. THOMPSON: Including base and early entry, I believe well
over 1,000, approximately 1,500 credits.
COMMISSIONER MIDNEY: Could you give like a percentage
of how much ofthe land has been severed that's in the sending area?
1,000 lots, is that a lot or is that a little?
MR. THOMPSON: I would say less than 25 percent, less than 20
percent. But, I mean, each property you get incentives, so there's extra
credits there that maybe kind of inflates the number a little bit with
respect to land when you correlate that.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: This may not be related, but do
you know how many were sold, TOR credits were sold so far?
MR. THOMPSON: About a year ago -- the program's developed
a little bit differently. We have -- the majority of participation you
have developers or corporations that go out and buy their property and
sever the credits to themselves. So there's actually no sale there, it's
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December 20, 2007
just a transfer of credit to the development corporation or a subsidiary.
But the actually sale from a private property owner to a
developer, there's probably been about seven or eight, approximately.
I'd have to look back to exactly the records. And the last sale was
about a year and a half ago.
COMMISSIONER VIGLIOTTI: And do you know
approximately what price?
MR. THOMPSON: 30,000.
COMMISSIONER VIGLIOTTI: Thank you.
CHAIRMAN STRAIN: Mr. Vigliotti, I have the aerial of that on
my screen, if you want to look at it. You can't look at it on yours, it's
only on mine.
With that, are there any other questions of staff?
(No response.)
CHAIRMAN STRAIN: The one in the center.
Thank you, are there any public speakers, Mr. -- whoever is in
charge of public speakers.
MR. SCHMITT: Yes, Commissioner. Jim Schultz. He's the only
registered speaker. Mr. Schultz?
CHAIRMAN STRAIN: Thank you.
MR. SCHULTZ: Jim Schultz for the record.
First of all, I'd like to say that my opinion is that these are legal
lots. They're not illegal nonconforming lots. And by the lot of record
that the county's using to describe these as illegal lots, it also says a lot
which is part of a subdivision recorded in the public records of Collier
County. Which we've already addressed this in one of the BCC
meetings, that these lots are part of a subdivision, and they are
recorded in the public records.
Also, the definition goes, part of a subdivision or a lot parcel or
least fractional unit of land or water under common ownership which
has fixed -- limited fixed boundaries described by metes or bounds or
other specific legal description, the description of which has been so
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December 20, 2007
recorded in the public records of Collier County, Florida, on or before
the effective date of this LDC.
Doesn't say anything about 1974, it says the LDC. The LDC was
adopted in 1999. All right? These lots are legal nonconforming lots.
Now, the third definition is the 1974 date, which the county has been
using for these, and here is the description, if you guys would like to
see it.
This is the exact definition that was e-mailed to me for the reason
why my lot was not qualified.
As far as the lots not being physically buildable, the county has
severed TDR's from lots that were created prior to the 1974 date that
you could not build a building on, a house or anything. They're not
wide enough, they have roads going through them. So yeah, I know,
my lot is only lO-foot wide, but there are other lots that have had
TDR's severed, but they were severed because they were built prior to
1974.
Physically being able to build a lot -- or a house on these lots is
not a requirement in the compo plan. You can read the compo plan.
There's no word -- any words to be found.
As far as our rights to build on these two-and-a-half acre lots or
whatever, as long as they meet the requirements, it's in the LDC,
permitted uses. A, agricultural uses. B, detached single-family
dwelling units, including mobile homes where the mobile home
overlay exists at a maximum density of one dwelling unit per 40 acres.
The 40-acre lots are now the conforming lots in the sending area.
Or one dwelling unit per lot or parcel of less than 40 acres.
Doesn't say how much less, it just says less of 40 acres, which two and
a half acres certainly qualifies for less than 40 acres.
Which existed on or before June 22nd, 1999. For the purpose of
this provision, a lot or parcel which is deemed to have been in
existence on or before June 22nd, 1999 is a lot or parcel which is part
of a subdivision -- which we've already determined that these lots are
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part of a subdivision -- a lot or parcel which has limited fixed
boundaries described by metes or bounds or other specific legal
description, the description of which has been recorded in the public
records of Collier County on or before June 22nd, 1999.
Or a lot or parcel which has fixed limited boundaries for which
an agreement for deed was executed prior to June 22nd, 1999.
Nowhere in there is 1974. These lots are legal nonconforming lots.
This program was developed for conservation. We need to get these
lots in the conservation program so we can do the controlled bums in
the flowways.
I've spoken to several people who authored this program, Nancy
Payton and others, who never intended for these lots not to be
included in the program. They said so at the BCC meeting. And I don't
understand what this is all -- I don't understand why we've had to take
this so far when it's right here in the compo plan.
COMMISSIONER SCHIFFER: I have a --
CHAIRMAN STRAIN: Okay, Mr. Schiffer?
COMMISSIONER SCHIFFER: You know, let's discuss this part
of the subdivision. I would interpret that to mean that when the
subdivision was recorded, this was a lot that was noted in that
subdivision. Is that the case what you're talking about?
MR. SCHULTZ: I'm just going by a prior BCC meeting.
Commissioner Henning asked one of the staff members if this was
considered a subdivision, and the staff member agreed that yes, it was
considered a subdivision.
COMMISSIONER SCHIFFER: Okay. So when they made the--
when the presented the subdivision, when they recorded it, this was a
lot noted in that subdivision? Or are you interpreting if I have a lot
within a subdivision and I buy metes and bounds, chop off 10 feet of it
the fact that it's located within a subdivision means that it's in a
subdivision?
MR. SCHULTZ: I understand what you're getting at. And, you
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December 20, 2007
know, I don't -- I didn't even know that this was considered a
subdivision. My biggest defense is the fact that my lot was created
prior to the LDC.
COMMISSIONER SCHIFFER: How did you come to own this
lot?
MR. SCHULTZ: I bought it in 2005.
You know, I've not said this in public before, but I did talk to a
staff member back in '05, prior to buying this lot, and I was verbally
told yes, you can get TDR's for this lot, you're going to make lots of
money, buy it. But unfortunately I didn't get that in writing. So really,
it doesn't really make a big difference.
But, you know, I didn't just go out and buy and say oh, yeah, I
can get TOR's, I was told I could get TDR's for this lot.
COMMISSIONER SCHIFFER: All right, thank you, Mark.
MR. SCHULTZ: I just can't prove that. And the person that told
me that obviously isn't backing me up anymore.
CHAIRMAN STRAIN: Did you do any due diligence on your
own, sir, just out of curiosity?
MR. SCHUL TZ: Yeah, I read the LOC. And, I mean, if you read
the LDC or the compo plan, I mean, there's nothing in there that
prohibits me from getting TDR's.
CHAIRMAN STRAIN: Due diligence by an experienced buyer
may have revealed more to you than this. Have you done much
purchasing of real estate in Collier County?
MR. SCHULTZ: I've -- I'm actually a realtor. I've probably sold
and bought more TDR land than anybody else in Collier County. I
assisted Bonita Bay in their TOR program. I've assisted Lanar. Was
instrumental in Lanar purchasing the Belle Meade property.
CHAIRMAN STRAIN: You're a broker with Downing and Fry,
aren't you?
MR. SCHULTZ: Yes, I am.
CHAIRMAN STRAIN: James Schultz, PA.
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December 20, 2007
MR. SCHULTZ: You got it.
CHAIRMAN STRAIN: Okay, thank you.
Any other questions?
(No response.)
CHAIRMAN STRAIN: Thank you, sir.
Okay, with that, no other questions. Is there any motion from the
panel?
COMMISSIONER SCHIFFER: Well, Mark, I mean, can we
discuss the different -- they came up with different options. Should we
discuss it or just discuss --
CHAIRMAN STRAIN: I have no -- I mean, I don't have any
discussion. If you have a discussion, that's what you -- I just asked
everybody if they had any comments, please--
COMMISSIONER SCHIFFER: In my review of the options,
Option 3 looks somewhat curious. And I'm taking the intent that it's
good to get this land in the program.
What I think, though, should happen is that because there's four
different steps in the program -- and staff can tell me ifI'm wrong --
the first step is that you remove the ability to develop on the land.
Second step, if you do it before the deadline you get the bonus. Third
step is that you clear the land of any exotics or essentially bring it into
a preserved state. And the fourth is that you donate it to somebody that
-- you know, The Conservancy or something to take care of the
property. Essentially you get rid of the ownership of it.
So to me, I think that what I think option five should be is to
allow -- obviously a developable lot isn't even in question. If it was
developable, then they could -- they get the TDR anyway. And that's
kind of the impression I had when it came before us.
But if a lot isn't developable, I would propose that we make them
go the full four steps, and obviously if they do it late, three steps, and
bring the thing totally to dedication to -- and what is the proper term
for that? Who takes care of it?
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December 20, 2007
CHAIRMAN STRAIN: Brad, I've got to ask you a question.
Because -- and maybe it's more to the county attorney. Let me read the
agenda item. Rural fringe mixed-use district, request that the Collier
County Planning Commission through formal direction from the
Board of County Commissioners evaluate and consider the feasibility
of policy option three as it relates to potential inclusion of determined
illegal fringe mixed-use district sending lands.
Now, are we limited then to review what they're asking us to
review, or are we expected to produce alternatives more than what
they asked for?
MR. KLA TZKOW: I think a fair thing to say is that you're free
to look at the other alternatives. Because obviously if you didn't like
Option 3, I think the board would be interested to know whether you
had any other thoughts on any of the other options.
CHAIRMAN STRAIN: Okay. So be it. Thank you.
Sorry, Brad.
COMMISSIONER SCHIFFER: So essentially Option 3 is
modified.
Could staff come -- I'm sorry, describe that fourth thing again so
I use a term --
MR. THOMPSON: The conveyance bonus?
COMMISSIONER SCHIFFER: Right.
MR. THOMPSON: Yeah, that would be going to a governmental
agency, whether it's local, state or federal.
COMMISSIONER SCHIFFER: Okay.
MR. THOMPSON: That would be the fourth credit.
COMMISSIONER SCHIFFER: So my point is that I think if you
don't have a developable lot, then you should immediately go all four
steps into conveyance. Obviously it wouldn't make any sense to own a
nonconforming lot.
And I think another criteria would be that it's not contiguous to
your property. That's just my thought. On reading the four options,
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December 20, 2007
that's the only one that I liked, as modified.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Let's just consider. If this
property were abandoned and then subject to a tax sale, would the
county, should the county --I think should maybe is right. But would
the county seek to acquire it at a tax sale? Is that something the county
typically would do?
MR. KLATZKOW: Well, I handle tax sales for the county. And
you get to a point in the tax sale where the value of the property is so
low and the taxes generate so minimal that it's not worth the
paperwork to actually go after it.
So that most of this property, as we do proceed and we do go
through tax sale on, a 10-foot right-of-way strip, I'm not entirely sure
whether that would fall under that. That value is going to be very
nominal.
COMMISSIONER MURRAY: I would appreciate that, it would
be nominal in an ordinary sense. But inasmuch as this is sending land
and because of sensitivity and because of water issues and all the rest
of it, wouldn't that be something that would be a little second thought
on the matter?
MR. KLATZKOW: Yes. But I found that actually the State of
Florida has been very active on the tax sale issues. And a lot of the
land in these environmentally sensitive areas, they're grabbing up for
the tax deals.
COMMISSIONER MURRAY: That's interesting. I didn't know
that.
MR. KLATZKOW: We don't actually get it until well into the
process, where if nobody actually bid on it.
COMMISSIONER MURRAY: Would Conservation Collier,
which is of course an entity of the county, would the Conservation
Collier be in a position to be involved in such a sale?
MR. KLATZKOW: I've not known them to be.
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December 20, 2007
COMMISSIONER MURRAY: No, of course. This is the first
time happening.
MR. SCHMITT: I believe -- if! could -- I'll answer that. Alex is
not here, but I believe they would, only if they were attempting to
acqmre --
COMMISSIONER MURRAY: In that area.
MR. SCHMITT: -- plots of land.
But being that this is already sending land, already under some
sort of potential preservation, I would doubt they would target their
monies in this area. Because it's already protected. They would be
seeking areas that are unprotected where they're trying to preserve
Winchester head, some other issues where there's land that is deemed
environmentally sensitive and not under some sort of state or local
protection program.
COMMISSIONER MURRAY: Makes sense what you said.
CHAIRMAN STRAIN: Is that it, Mr. Murray?
COMMISSIONER MURRAY: Yeah, I'm going around and
round.
CHAIRMAN STRAIN: Okay, are there any other questions?
Anybody else have any comments on any of the pages that were
provided to us in this package regarding this issue?
(No response.)
CHAIRMAN STRAIN: Okay, with that we will decide how to
move forward.
The county commission was asking us to evaluate the feasibility
of policy Option 3. And I'm sure that option is to be evaluated in
context to what is already in place. Is it better to leave what it is there,
which is Option 4, or is it better to possibly change to Option 3.
Is there -- someone have a motion to that? Mr. Midney?
COMMISSIONER MIDNEY: I would like to move that we
adopt Option 4.
CHAIRMAN STRAIN: Is there a second to the motion?
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D~egb~r 2o\~of
(No response.)
CHAIRMAN STRAIN: Hearing none, I will certainly second the
motion then.
Motion's been made to adopt Option 4 and seconded. Is there
discussion?
(No response.)
CHAIRMAN STRAIN: My reasons for seconding it is simple.
The system is not broken, it's not proven to be broken, and a knee jerk
reaction to one absurd request for a 10-foot strip does not designate
the need to go forward and change the system at this time. And if it
does need to be changed, I think it should be done through the proper
public process, through review, as the original TDR process was put
through originally.
Mr. Schmitt?
MR. SCHMITT: Yes, I'd just like to put on the record, if Mr.
Schultz does believe that this lot is covered under the Land
Development Code, I would recommend that he go through the proper
process, submit for an official interpretation, staff will review it
through the legal process. He then can take that on appeal, any
decision of the board, if it's not in his favor, to the Board of Zoning
Appeals.
He's already been through public petition, and that then was --
that's the reason why you're seeing this, it's been twice before the
board. But the legal process is to go through an official interpretation
CHAIRMAN STRAIN: Okay, Mr. Schmitt.
MR. SCHMITT: -- and then let the BZA -- because you were
here to address the policy and not actually debate his issue. So I thank
you for that.
CHAIRMAN STRAIN: There's a motion on the floor in response
to the commission's request. It's been seconded. Any further
discussion?
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December 20, 2007
COMMISSIONER SCHIFFER: I'm going to be voting against it,
because I think we should work to figure out how to bring those 63
parcels into control.
CHAIRMAN STRAIN: Okay. Any others?
Mr. Murray?
COMMISSIONER MURRAY: I would support your motion,
only because I agree, inasmuch as this is the first issue and it needs to
be tested in the courts to determine, there are legal avenues. So I think
policy-wise, I think you're right on this.
CHAIRMAN STRAIN: Call for the vote.
All those in favor of the motion as stated, signifY by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
COMMISSIONER SCHIFFER: I am, Mark.
CHAIRMAN STRAIN: Motion carries 6-1. Thank you.
That ends that particular issue and it ends the regular agenda
items for today.
Item #9
OLD BUSINESS
Any old business?
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I don't know, it's not on the
agenda, but I have some new business I'd like to bring up if I could
have a couple minutes.
CHAIRMAN STRAIN: Let's see ifthere's any old -- I don't think
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December 20, 2007
there's any old business, so let's go right into new business. Go ahead,
SIr.
COMMISSIONER VIGLIOTTI: The after-the-fact variances,
could we come up with another plan on how to do it rather than
sometimes there's a lot of homeowners that get caught in the middle of
buying a piece of property and they wind up have to go through the
process. Is there something we can do?
CHAIRMAN STRAIN: No, I think your best bet there is to
suggest needs to your commissioners and ask that they initiate it from
their level to the staff. Because that's going to be rather involved. And
LDC already addresses the variances of most types. And staff does
have certain latitudes. If the BCC wants to give them more latitude,
I'm sure they -- they'd be the ones that would have to do it.
Mr. Schmitt seems to have a comment.
MR. SCHMITT: Yeah, one thing I do want to note: The new fee
schedules that went into effect from the last board meeting changed,
I'll call it what was a penalty, the four times the after-the-fact fee and
two times the after-the-fact fee fee schedule changed where there is a
homeowner who seeks compliance through no enforcement, but just
seeks compliance, it's just a straight permitting fee, ifthere's no
penalty assessed.
But there are other categories now. It's not as repressive as it
once was for the after-the- fact fee.
Our purpose, when we're looking at building permits, and this
was through the permit by affidavit as well, is to seek compliance and
to ensure that there's safe housing out there. If there's anything that's
unpermitted -- we're not after raising revenue, we're after to ensure
compliance. And so there has been a change in those after-the-fact
fees. That's one piece of it.
The other piece, I think what you're looking for, is something
that's a little more administrative in nature in regards to dealing with
some of these. And that would have to be at the direction of the board,
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December 20,2007
as Mr. Strain said, to look at some options to amend the Land
Development Code for more administrative processes for these what
are sometimes seen to be rather minor variances.
COMMISSIONER VIGLIOTTI: How about the violations from
code enforcement? Sometimes the fees just keep multiplying. How do
we approach them?
MR. SCHMITT: That's an issue with the Code Enforcement
Board. And the assessment of fines, that is a code enforcement issue.
Normally if you cooperate, those fines are fairly minimal.
If you just I guess not pay attention or just not -- you know,
disregard any enforcement, that's basically where the fines build.
But those are through the -- those are part of the public hearing
process before the Code Enforcement Board, or the special master,
special magistrate.
CHAIRMAN STRAIN: Mr. Vigliotti, that--
COMMISSIONER VIGLIOTTI: Yeah, that answers my
question.
CHAIRMAN STRAIN: Anybody else.
COMMISSIONER SCHIFFER: Have a Merry Christmas, Mark.
CHAIRMAN STRAIN: I was going to say, new business, Merry
Christmas to everybody. And we certainly want to thank all the people
who have helped this year to get us through the year, Cherie',
especially, and Kady across the hall, and all of you. So I wish you the
best of holidays.
And I'm going to say Merry Christmas for the record. So anyone
want to take a shot, let them take a shot.
COMMISSIONER VIGLIOTTI: Merry Christmas.
COMMISSIONER MURRAY: Okay, and a happy new year.
CHAIRMAN STRAIN: Is there a motion to adjourn?
COMMISSIONER SCHIFFER: So moved.
COMMISSIONER VIGLIOTTI: So moved.
CHAIRMAN STRAIN: Made by Commissioner Schiffer,
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December 20, 2007
seconded. We're done. Thank you all.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 9:58 a.m.
COLLIER COUNTY PLANNING COMMISSION
~1~g~
These minutes approved by the board on t --- 1 --- 08'" as
presented ~ or as corrected
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
Page 59
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November 15,2007
TRANSCRIPT OF THE MEETING OF THE ,-
COLLIER COUNTY PLANNING COM~SfQNJ{\~bJt
Naples, Florida, November 15, 20010~~ v" ~4{j.
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LET IT BE REMEMBERED, that the Collier County Planning
Commission, in and for the County of Collier, having conducted
business herein, met on this date at 8:30 a.m. in REGULAR SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
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CHAIRMAN: Mark Strain
Lindy Adelstein
Donna Reed-Caron
Tor Kolflat
Paul Midney
Bob Murray
Brad Schiffer
Robert Vigliotti
B021l;:i ,jl ,':ilif' .,':i';i;::.);:C',::;,
ALSO PRESENT:
Jeffrey Klatzkow, Chief Asst. County Attorney
Marjorie Student-Stirling, Assistant County Atto~:&es:
Joseph Schmitt, Community Development & Env~(1)~ental Services
Ray Bellows, Zoning & Land Development Review:!::#: ~ \ ~ lit') Z-
Page 1
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161 lA ;;-
November 15, 2007
CHAIRMAN STRAIN: Good morning. Welcome to the
November 15th meeting of the Collier County Planning Commission.
If you'll all please rise for Pledge of Allegiance.
(Pledge of Allegiance was recited in unison.)
Item #2
ROLL CALL BY SECRETARY
CHAIRMAN STRAIN: Thank you.
By the way, good morning, Cherie'. I didn't see you sneak in.
Will the secretary please do the roll call.
COMMISSIONER CARON: Mr. Kolflat?
COMMISSIONER KOLFLAT: 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 MURRAY: Here.
COMMISSIONER CARON: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Here.
COMMISSIONER CARON: And we are at 100 percent, since
we have one board member missing.
~-",...1
Item #3
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November] 5,2007
ADDENDA TO THE AGENDA
CHAIRMAN STRAIN: Okay, and our first item to discuss is the
agenda. It will be an interesting discussion.
For all those people who may be here for anything that comes
under item G, which is the adoption hearing for the 2005 Cycle GMP
Amendments, this includes the amendments in Golden Gate area and
all areas that are talked about -- there's one for North Belle Meade,
there's a transportation element, there's some map series changes,
Golden Gate Area Master Plan suggestions -- those items, all of them
under G will not be heard today.
Now, there is a Golden Gate -- a couple Golden Gate issues that
will be heard today that are under regular PUD petitions, but the
adoption hearing items under G will not be heard today and will be --
and in fact we'll ask right now for a continuance. And I believe it was
to the 26th at 1 :OO?
MR. WEEKS: Right.
CHAIRMAN STRAIN: Okay. And David, unless you had
something else you wanted to add to it, I'll just ask for a vote on the
continuance. Do I have a motion --
COMMISSIONER CARON: So moved.
CHAIRMAN STRAIN: -- to continue?
COMMISSIONER VIGLIOTTI: Second.
CHAIRMAN STRAIN: Motion made by Commissioner Caron,
seconded by Commissioner Adelstein.
Discussion?
(No response.)
CHAIRMAN STRAIN: Mr. Schmitt?
MR. SCHMITT: I just want to point out, so you understand, we
only have half this room. We'll have the front half. The walls will be
up, but it will still be enough room certainly for the public to attend
and it will be televised.
Page 3
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November 15, 2007
CHAIRMAN STRAIN: That's fine.
MR. SCHMITT: Just make sure you understand that.
CHAIRMAN STRAIN: No, that works real fine, there's nothing
wrong with that at all.
Okay, Mr. Kolflat?
COMMISSIONER KOLFLAT: This is November 26th, correct?
CHAIRMAN STRAIN: November 26th, the Monday after
Thanksgiving, will be when we will continue the adoption hearing to
at 1 :00 in the afternoon in this room.
All those in favor of the motion, 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.
Now, there's another item on the agenda. It's Item H. It's the
Comprehensive Planning Department 2007 Small-Scale Plan
Amendment that is a companion item to Item E on our regular agenda,
which is the Myers Enterprises of Naples, LLC.
In discussions with staff, it became clear that we need to move
that item ahead of E so that we're hearing them in the proper order for
processing. Is there a motion to move H ahead of E?
COMMISSIONER CARON: So moved.
COMMISSIONER ADELSTEIN: So moved.
CHAIRMAN STRAIN: Motion by Commissioner Caron,
seconded by Commissioner Adelstein.
Discussion?
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November 15,2007
(No response.)
CHAIRMAN STRAIN: All 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: Okay, H will be right after D,just
before E.
We have two meetings coming up after Thanksgiving. One on
the 26th, as we previously stated, at 1 :00 in the afternoon in this room.
It will be only for the GMP Amendments. The book for that meeting
was supposed to be -- actually, we should have received it a week ago,
because it was originally scheduled for today. Then it was supposed to
be today. And now I just found out from Mr. Weeks it will be when?
MR. WEEKS: Tomorrow.
CHAIRMAN STRAIN: Tomorrow. So we're all going to get it
delivered to us?
MR. WEEKS: Tomorrow into midnight. And -- for the record,
David Weeks, Comprehensive Planning Department.
We will deliver them tomorrow either by courier, or if we send
them overnight, they'll not get there, I don't think to you until
Saturday. That would give you either eight or nine days, two
weekends, if you include the holiday weekend.
CHAIRMAN STRAIN: Well, you know the more time we have
with it the more help we can provide to you in our review of it, David.
MR. WEEKS: Certainly. And I would remind you respectfully
that this is the adoption hearing, so you've seen these amendments
Page 5
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November 15, 2007
161
before. Most issues have been vetted, though there are going to be
some changes since transmittal hearings, including those in response
to the ORC Report from the state.
CHAIRMAN STRAIN: Will the ORC Report be included in the
packet?
MR. WEEKS: Yes, sir, it will.
Item #4
PLANNING COMMISSION ABSENCES
CHAIRMAN STRAIN: Thank you. So as far as the 26th at 1 :00,
does anybody know if they will not be here on that date?
(No response.)
CHAIRMAN STRAIN: Okay, looks like we'll have a quorum.
On the 28th we have an LDC Cycle 2 meeting. Starts at 8:30 in
the morning and will also be in this room. A lot of issues on that one,
some of which we directed; in particular, the one concerning the non-
compatible uses that we had talked about two weeks ago, most
recently. So that's on the 28th at 8:30.
Does anybody know if they're not going to be here that day?
(No response.)
CHAIRMAN STRAIN: No? So it looks like we'll have a
quorum that day as well.
Okay, last meeting we continued the meeting we were supposed
to have yesterday on the Bert Harris claim for the Cocohatchee, on the
premise that it was going to be brought up for discussion at the BCC
hearing on the ] 3th. It was not brought up, that I could tell, on the
13th.
Weare not going to continue it again. I would like a date as to
when we can hear it, Mr. Schmitt.
MR. SCHMITT: I can offer two dates right now. January 2nd or
Page 6
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November 15, 2007
January 11th are two potential dates that this room is open.
CHAIRMAN STRAIN: Mr. Schmitt, you're making it open by
looking at the daytime agenda?
MR. SCHMITT: Yes.
CHAIRMAN STRAIN: Can we look at like an afternoon start
instead of an 8:30 start?
MR. SCHMITT: I asked for the room all day, so basically --
CHAIRMAN STRAIN: Well, if we start at 1 :00,2:00 or 3:00
and we go till 7:00 or 8:00?
MR. SCHMITT: That's your prerogative. I'm still under the
direction to bring it to you, and that is my intent.
CHAIRMAN STRAIN: I don't--
COMMISSIONER MIDNEY: I'd prefer afternoon.
CHAIRMAN STRAIN: Okay, afternoon works? I would like to
-- and we got -- before today's meeting's over, I would like to know
what options we have, if we could start in an afternoon.
MR. SCHMITT: I've got it the -- I asked for this room all day on
the -- I asked for days and they gave me the 2nd and the 11 th right
now.
CHAIRMAN STRAIN: Okay, I don't --I would rather we not
wait that long. I would rather we do it sooner than later. The first
week, second week of December would be fine. I don't want to see us
miss the opportunity to review it. I have myself reviewed some of the
documents. I think there's a lot of input that's needed, and we could
provide it to the BCC. I feel that if we wait till January there's more
likelihood it will somehow come up again for discussion and we might
be sidetracked on it, so --
MR. SCHMITT: So you want dates in December?
CHAIRMAN STRAIN: Yes, sir. And if we start sometime in the
afternoon and we spill over a little bit into the evening, and even if we
have to go to a second date, I think we can do it in six hours, five or
six hours, but --
Page 7
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November 15,2007
MR. SCHMITT: Just so you know, on your calendar I show you
meeting on the 6th and the 20th of December for your regular
meetings, and on the 12th and 13th for LDC hearings, so you're
meeting four times in December. I'll also look for another day.
CHAIRMAN STRAIN: Well, before you go too far, the 12th
and 13th for the LDC hearings, is that Cycle 2?
MR. SCHMITT: Yes, it is.
CHAIRMAN STRAIN: Okay, we start Cycle 2 the week after
Thanksgiving at 8:30 in the morning. And I've read the entire package.
I can't see why we would need more than that one day for it.
MR. SCHMITT: I do not argue that. I believe that's all you need.
And of course you can -- since none of them involve any rezoning
type of action, you can vote to only hear those once.
CHAIRMAN STRAIN: Okay. And that means then that we
would have two days already in December that would now open up
that we could possibly schedule this item for; is that --
MR. SCHMITT: Correct. I have you on the 12th at 5:05 in this
room and on the 13th from 8 :30 to 1 :00 p.m.
CHAIRMAN STRAIN: And the 13th looks pretty good. Does
that work for Mr. Midney and Ms. Caron?
COMMISSIONER CARON: Excuse me, the 12th, it says on our
latest calendars, 1 :00.
MR. SCHMITT: I know those dates have --
COMMISSIONER CARON: Did that change?
MR. SCHMITT: -- changed. Let me check something else.
I still show the 12th. That was changed to a 5 :05 hearing.
COMMISSIONER CARON: Oh, okay.
MR. SCHMITT: And that was to comply with the requirement
for an evening hearing, ifin fact any of the LDC amendments in this
cycle included a land or a rezoning type of activity, something that
impacted rezoning. But it does not.
I don't think we -- we probably will not need that meeting, but if
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November 15,2007
we do, I think it's best to hang onto that one and we can -- if we do
meet at 5:05, it's going to be a very short meeting.
CHAIRMAN STRAIN: Well, why don't we look at scheduling
the Bert Harris review on the 13th of December at 8:30 in the morning
in this room?
MR. SCHMITT: I will note that as such. And so we'll -- you've
already got the room. It is your number three meeting for LDC. And I
like you agree that you will not need that meeting, so we can just use
the 13th.
CHAIRMAN STRAIN: And this meeting is being requested by
the BCC for us to comment.
MR. SCHMITT: That's correct.
CHAIRMAN STRAIN: I really don't care if the applicant agrees
to us meeting on the 13th or not or can be here or not. We will
comment with them here or without them here.
MR. SCHMITT: I would concur with you.
CHAIRMAN STRAIN: So let's just leave it on the 13th.
MR. SCHMITT: You know, I'm moving on the direction of my
boss and he's moving on the direction of the -- the direction he
received from the Board of County Commissioners, and --
CHAIRMAN STRAIN: So are we. So that works well for
everyone then.
MR. SCHMITT: And you will then get a -- we will send out to
you at least the most up-to-date SDPs that we have. I think I'm on
about 13 pages of comments already on this most current eighth
submittal.
And -- but that -- the purpose really is not to kind of go over that
SDP, per se. Of course we can answer general questions. The purpose
ofthis meeting is for you all to look at that, but also make a
recommendation of the board as far as a settlement agreement.
CHAIRMAN STRAIN: Well, let me make it real clear on one
issue that I have found out about. Part of the settlement agreement
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November 15,2007
talks about measurements of setbacks and heights.
MR. SCHMITT: Yes.
CHAIRMAN STRAIN: I have found that the SDP, even though
repeatedly asked for, has not, through all this time, included any of the
elevations and site -- and footprints and floor plans that are required
with an SDP submittal that developmental services have gone to a
great extreme to have an intake team review.
Well, you don't even have those yet, so those are critical to the
analysis of the interpretation of that settlement agreement. I myself
have gone through it in detail, and I've asked for these documents, as
you all well know. I want whatever effort you have to go through,
those needed to be included to this information of this body, because
to be honest with you, if it doesn't there isn't any way to interpret the
language in that settlement agreement accurately. Because it's
ambiguous the way it's written. It is inconsistent with the way our
code writes such things as well, so --
MR. SCHMITT: Understand. But I'm at the mercy of them
submitting the proper documentation. And I put the word out again
yesterday. Of course that's a month away, a little less than a month
away for that meeting. I would expect that they will have the re-
submittal. And my plan is that when they resubmit, my staff and I are
going to sit with them and go over every comment that we went over
so far so when we come to you we'll at least have a final position as to
where these -- there's three separate SDPs and where we are with these
SDPs.
But again, I'm at the mercy of them submitting to me the
submittals for us to do the reviews.
CHAIRMAN STRAIN: The problem I have, Joe, is that the
settlement agreement basically references these SDPs.
MR. SCHMITT: Yes.
CHAIRMAN STRAIN: And at the same time, the county went
to great processing extent and hiring of people to produce this intake
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November 15, 2007
team.
MR. SCHMITT: Yes.
CHAIRMAN STRAIN: Now, obviously there's advantages to
having SDP's logged in at a certain date. And the intake team was
supposed to make sure, I thought, part of their job was to make sure
that people weren't falsely logging things in to come in under the wire
for impact fees and other issues. Yet here we have a project that's
logged in through an SDP without some of the minimum requirements
to understand the project's parameters, which are the elevations and
the floor plans.
MR. SCHMITT: Right. And the elevations were reviewed
probably over two years ago, based on the original design.
CHAIRMAN STRAIN: Well, I asked for records on that, and I
got no elevations. So if they were reviewed, they weren't then
submitted for public record.
MR. SCHMITT: They were checked off. And that was back
when Fred was -- and to use a name, I mean, Fred ReischI was part of
the staff. So that's how long this has been going on.
And the settlement agreement, the wording in the settlement
agreement is specific in staying that upon approval ofthe SDP. So
again, there's nothing that's triggered until those SDP's are approved.
CHAIRMAN STRAIN: Okay. But I want to make sure the
SDP's, which will tell us how the interpretation in the minds of the
developer is of the language in the settlement agreement, are
reviewed. And that's critical. So those elevations are necessary.
MR. SCHMITT: I understand.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, Ijust want to comment that
Mr. Strain is absolutely right. One of the conditions of that settlement
agreement is that the SDP's are approved as currently submitted.
I spoke before the BCC on this particular issue, saying that that
was one of the flaws in this settlement agreement, they do not have a
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November 15, 2007
complete SDP to look at and make a determination with. And to
accept it the way it sits now is just not right. Not good policy.
MR. SCHMITT: And I understand. But the settlement
agreement is predicated on approval of the SDP's. But the board's
approval of the settlement agreement does not necessarily -- is not
contingent upon the SOP's being approved. So I don't want to give you
that impression.
The SDP's are not the trigger. The settlement agreement is the
settlement agreement. The agreements in the settlement agreement are
triggered at SDP approval, which, if you understand what I just said,
are two different things.
So your issue on the 13th, now, you could do whatever you
want, but the 13th I'm just -- again, I'm cautioning you. If! don't have
the submittals and we've not done the review, are we doing this too
soon?
CHAIRMAN STRAIN: No. Because what happens is our
recommendations then will go based on our interpretation of the
language in the settlement agreement, regardless of how that PUD
might be submitted. And that's -- hopefully if the BCC likes our
recommendation and that gets locked in, that's what the law will be
instead of what it may be.
MR. SCHMITT: I'm fine with that. Just so long as you
understand that I'm at the mercy of them resubmitting based on -- and
I have the packet on my desk. I think we're at eight or nine pages of
comments again on that SDP, so --
CHAIRMAN STRAIN: Well, Joe, the 13th is to go on. Unless
the BCC comes back to you and tells us not to hear it, we fully intend
to hear it on the 13th.
MR. SCHMITT: Got it.
COMMISSIONER SCHIFFER: Mark, question.
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: Is the SDP available to review
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November 15, 2007
down at community development?
MR. SCHMITT: Well, a portion of it. Most of it. There's some
elements missing. The elevation drawings, the additional three floors
that are part of this settlement agreement in transferring density from
the west to the -- the east to the west. We've asked for those elevation
drawings probably at least two weeks ago, but it's going out in our
rejection notice again.
COMMISSIONER SCHIFFER: But the site plan and -- well, we
could go down and look and whatever's not there is not there.
CHAIRMAN STRAIN: Right. But I think what Joe is saying,
he's preparing some copies for us to review in our packet that we
would get in regard to that, so --
COMMISSIONER SCHIFFER: Save it for us.
CHAIRMAN STRAIN: Okay, so much for that.
The next one is, Kay, I under -- did you send out a notice about
Sonoma Oaks?
MS. DESELEM: Yes, sir, I did.
CHAIRMAN STRAIN: I've been questioned about it. What was
that about?
MS. DESELEM: For the record, Kay Deselem, Collier County
Zoning.
They have requested a continuance.
CHAIRMAN STRAIN: From when?
MS. DESELEM: December 6th..
CHAIRMAN STRAIN: But they're not on our today's agenda.
MS. DESELEM: No, not today.
CHAIRMAN STRAIN: Well, we haven't even got the December
6th agenda yet, so we want to continue something that hasn't been
scheduled?
MS. DESELEM: Okay, sorry about that.
CHAIRMAN STRAIN: I'm a little mixed up on it.
MS. DESELEM: I apologize for the confusion, and I thought
Page 13
Jo!?m~er 1~, ~007 ~
you were already aware that that one was scheduled.
CHAIRMAN STRAIN: Has it been advertised, Ray?
MS. DESELEM: We caught the advertising before.
CHAIRMAN STRAIN: Oh, well, then there's no problem. Okay.
I just wanted to make sure we weren't missing something in today's
agenda.
MS. DESELEM: No.
CHAIRMAN STRAIN: Usually you ask for a continuance on
items on the agenda that's current and that's why I couldn't figure out
what the Sonoma Oaks one was.
MS. DESELEM: Sorry for the confusion.
CHAIRMAN STRAIN: No problem at all. Thank you.
Okay, well, we've gotten through the agenda. This might be the
most difficult part of to day's meeting.
Item #5
APPROVAL OF MINUTES ~ OCTOBER 4, 2007 REGULAR
MEETING
Approval of minutes for October 4th, 2007 regular meeting.
COMMISSIONER ADELSTEIN: So moved.
CHAIRMAN STRAIN: Motion made by Commissioner
Adelstein to approve. Seconded by?
COMMISSIONER VIGLIOTTI: (Indicating.)
CHAIRMAN STRAIN: Commissioner Vigliotti.
All in favor, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER CARON: Aye.
Page 14
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t6ebberl sf\2007
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: All opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries.
Report, BCC?
Item #6
BCC REPORT - RECAPS
MR. BELLOWS: Yes, last Tuesday the Board of County
Commissioners heard the PUD amendment for Naples Reserve. That
was approved on the regular agenda by a vote of 5-0. There was a
variance for the homes, the single-family home in Immokalee by Mr.
Silvario (phonetic). That was approved on the summary agenda.
CHAIRMAN STRAIN: Great.
MR. BELLOWS: Oh, and the Della Rosa rezone was also heard
that day and that was approved on the regular agenda by a 5-0 vote.
CHAIRMAN STRAIN: Thank you.
Item #7
CHAIRMAN'S REPORT
As far as the Chairman's Report, I have just a couple of things to
note.
The first one, I notice -- and Ray, I want to thank you and your
staff for the new format. It is really nice to read, much better than the
old. And I also appreciate the fact that you've gone through this Cycle
2, which I have here, to include the standard language for
transportation so we can take that even out of the exhibits to the new
Page 15
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November 15, 2007
PUD.
MR. BELLOWS: Correct.
CHAIRMAN STRAIN: So that again will help our review of
that. So we appreciate the effort you guys have gone through.
MR. BELLOWS: I appreciate the recognition of the work of
staff. Weare trying to improve our procedures, streamline things,
make things convenient for those individuals who are researching
information in the future, that they don't have to go through such
voluminous documents that have redundant conditions that may be
conflicting with other parts. So the more we streamline the better the
quality documents we have.
CHAIRMAN STRAIN: And you just set up my entry into my
next comment. You said research. Research can be made more
difficult or easier, depending on how the documents are presented.
In the cover page to any new PUD or considered PUD that is on
a piece of property that has a history with it, could we on those cover
pages list the history of the ordinances that that property's had? And I
don't mean just PUD's, I mean conditional uses, variances. Because
you can pull them off the zoning maps.
MR. BELLOWS: That's correct.
CHAIRMAN STRAIN: Instead of forcing us to go to the zoning
map, then trying to pull them out of the index, then going to the clerk's
site to pull them out of that site, if you just listed the ordinances or
conditional uses or prior PUD's, even if they were repealed that have a
history on that piece of property, it would give us the ability then to go
to it quickly if we find interest in it.
Is that something you guys can do, or --
MR. BELLOWS: Yeah, we definitely could do it, I just want to
make sure I understand what you mean by cover page. You mean you
want it in the staff report listing on --
CHAIRMAN STRAIN: Well, no, you actually have -- I would
rather see it on the page of the PUD that's recorded. So anybody in the
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future in the public goes in and sees a recorded PUD and they want to
understand how it got there, they could themselves have access to that
information and make their research easier, as well as ours, so --
MR. BELLOWS: We have a master template. That's an easy fix.
I can add that to that.
CHAIRMAN STRAIN: That would be really helpful, thank you.
MR. BELLOWS: You're welcome.
Item #8A
PETITION: PUDZ-2006-AR-I0376
CHAIRMAN STRAIN: Okay, with that, we will finally get into
our advertised public hearings.
The first petition today is PUDZ-2006-AR-l 0376. It's the Radio
Road Joint Venture, known as the Lane Park CPUD, represented by
Michael Fernandez.
All those wishing to testifY on behalf of this item, please rise and
be sworn in by the court recorder.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Is there any disclosures on the part of
Planning Commission?
(No response.)
CHAIRMAN STRAIN: I -- just to keep it clear, I think I had
discussions on this before the last meeting with either the applicant or
one of his representatives. I honestly don't remember what we could
have talked about, but for some reason I thought I discussed this, and I
just put that on the record, for what it's worth.
COMMISSIONER MURRAY: Mr. Chairman, I also am in the
same quandary, I don't really recollect whether I had a conversation
with Mr. Fernandez on this.
Do you have a recollection of this?
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MR. FERNANDEZ: No, I don't believe we have met on this
particular project.
CHAIRMAN STRAIN: Your office did e-mail me a couple
times, trying to get together. Does that mean we probably never did?
MR. FERNANDEZ: I believe it was in regard to other projects,
but maybe only and perhaps in regard to the issue of disclosure.
CHAIRMAN STRAIN: Ah, that's right, thank you. Chris
Thornton I think is an attorney that your client hired to look into the
issue of ownership, and he had called me about the affidavit that we
have now in front of us today to assure me that no party involved in
this has any partnerships with people in the United States, basically.
MR. FERNANDEZ: That's right. And basically you have --
Marjorie has reviewed that -- county attorney's office has reviewed
that and she can perhaps address that issue.
CHAIRMAN STRAIN: Well, why don't we, because that's the
very first thing on -- that's why it was continued from last time.
MS. STUDENT-STIRLING: For the record, Marjorie
Student-Stirling, Assistant County Attorney.
Yes, we've reviewed it in our office and feel that the disclosures
set forth therein are adequate for the Planning Commission to
determine whether or not there may be any conflict that any particular
member may have.
CHAIRMAN STRAIN: Great, does any--
COMMISSIONER MURRAY: And I too had conversation with
Chris Thornton, so that's where my confusion was. So that is what it
was, yes.
CHAIRMAN STRAIN: Okay, anybody else?
(No response.)
CHAIRMAN STRAIN: Okay, thank you.
Go ahead, Mr. Fernandez.
MR. FERNANDEZ: Good morning, Commissioners. Michael
Fernandez with Planning Development, for the record.
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I'm hoping that as you stated earlier, that the most difficult thing
you had to deal with today was your agenda.
CHAIRMAN STRAIN: You may need the speaker a little closer
to you, sir.
MR. FERNANDEZ: I'm hopeful that the most difficult -- you
believe that the most difficult thing you had to do today was the
agenda.
This should be what we believe is a relatively straightforward
PUD. It's an area that had been designated in the Growth Management
Plan for transition to a commercial use. We're providing a PUD that
basically creates that commercial use.
As you read the staff report, you'll see that the proposal actually
reduces the intensity of development on this site, potential density of
development. It reduces the building heights.
The couple of people that did come to the neighborhood
information meeting, when they saw that it was reduced to 35 feet and
three stories and that currently you can do 50 feet, they were very
pleased to see that transition.
Right now I believe staff and we are on the same page. There's
really no outstanding issues that we're aware of.
There's a couple of items I'd like to clarify or correct that's in the
staff report. Probably just typos.
One, on Page 5 of 7 on the paragraph above neighborhood
information meeting, it says that there's a 20-foot setback required for
Radio Road. That's actually 25, and it does state it correctly elsewhere
in the staff report and in the PUD document.
And then on the next page, talking about the first paragraph and
about the neighborhood information meeting, it states there that there
was a commitment for a type B buffer, landscape buffer. That should
be a type D buffer. And that was just iterating what the standard is for
that buffer requirement.
So with those two corrections, I'll be happy to answer any
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questions you may have on this petition.
CHAIRMAN STRAIN: Okay, are there any questions from -- of
the petitioner?
Go ahead, Mr. -- Brad, I'm sorry, Mr. Schiffer.
COMMISSIONER SCHIFFER: Yeah, Michael, one question.
Into the staff report on -- actually, the PUD, Page 4 of7.
MR. FERNANDEZ: Yes, sir.
COMMISSIONER SCHIFFER: You show a lot coverage of 30
percent. And Exhibit C shows a building area of 15 percent.
Essentially I would imagine that's the same thing they're describing,
right?
MR. FERNANDEZ: What we're showing is that in the master
plan document there's a provision in there, it does allow changes to
that master plan. That was what was requested for us to provide, the
actual data of that particular graphic. As long as we're consistent with
all the other restrictions of the PUD, we're in good shape.
And this particular PUD has a significant amount of drainage
easements, and that's why we have a -- for instance a 50-foot setback
along Livingston Road, that's a drainage easement. It's not going
anywhere. And so we're readily able to make that commitment.
Twenty-five in the front, if you look to the west, we've got a
30-foot area of green space along that edge. So there's significant
buffers in this case that are really part of drainage easements and
landscape buffer requirements.
COMMISSIONER SCHIFFER: But the answer to the question
is you could build 30 percent of the --
MR. FERNANDEZ: Correct.
COMMISSIONER SCHIFFER: Okay. And this exhibit just
happens to show 15 percent.
MR. FERNANDEZ: That's correct.
COMMISSIONER SCHIFFER: In some of the uses, you're
exempting some uses. Just kind of curious how that list came about.
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Did you just -- I mean, for example, what do you have against the
outbrokers and home decorations?
MR. FERNANDEZ: The restrictions are from the Growth
Management Plan. When the Growth Management Plan was adopted,
there was a list of prohibited uses, and we basically just incorporated
those into the PUD, as would be required.
COMMISSIONER SCHIFFER: All right. That's all for now.
That's good.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLA T: Yes, on the first page of the
staff report, the latest staff report, there's an item number 31 is used --
mentioned several times. What is that?
MR. FERNANDEZ: I believe that's one that was corrected. And
that there had been a redundancy, and that redundancy was taken out
of the PUD document.
COMMISSIONER KOLFLAT: But should those be identified as
13 rather than 31? See, it references both 13 and 31 there.
MR. FERNANDEZ: I'm sorry, I'm not following your comment.
Could you repeat that?
COMMISSIONER KOLFLAT: Well, it's in the first page of the
staff report and it's under project status, and it's in the fourth
paragraph.
MR. FERNANDEZ: Okay.
COMMISSIONER KOLFLA T: And it references use 31. And
31, according to the list, is personal services with 5,000 square feet or
less of floor area in the principal structure group seven to 11 and so
forth.
MR. FERNANDEZ: Yes, sir, Kay brought it to my attention.
Thirty-one previously was a redundancy. That's been removed so now
it's correct. And the 31 that's referenced in the staff report no longer
exists in the document.
COMMISSIONER KOLFLA T: So those should be deleted then,
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the 31 ?
MR. FERNANDEZ: No, sir, in the document it has been. That
item number 31 has disappeared and everything moved up as far as
the numbering.
CHAIRMAN STRAIN: Part of your staff report addendum, Mr.
Kolflat, should have had some insertion pages that changed the PUD
to make the correction that was referenced on that first page.
COMMISSIONER KOLFLA T: All right, thank you.
MR. FERNANDEZ: That's correct.
CHAIRMAN STRAIN: Are there any questions of the
applicant?
(No response.)
CHAIRMAN STRAIN: Mr. Fernandez, I have a few.
Exhibit B, your table one. Maximum number of stories, you say
three stories.
MR. FERNANDEZ: Yes, sir.
CHAIRMAN STRAIN: Yet in the NIM, I believe it said 35 feet,
from what the staff report said. Three stories doesn't give you a
footage height, and I'd like to know what your zoned and actual height
are intended to be.
MR. FERNANDEZ: I believe that the document now states that
it's -- the zoned height is 35 feet and the maximum height is 50.
CHAIRMAN STRAIN: Okay, I'll have to ask Kay when she
comes up, because I didn't get an update on that. Maybe there was
one, but I haven't gotten that.
Okay, on number 43 -- and I guess this may be more of a
question for the county attorney. Of the uses that you list, the last line
references to uses that are purely associated with activities conducted
in an office. I'm not sure what purely is. I mean, an office can have all
kinds of activities, and I'm not -- I don't know if that's an appropriate
word for a description in regarding trying to determine if something
can be used as a comparable use or not.
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November 15, 2007
Ms. Student, do you have -- I remember I mentioned this to you.
Is that -- did you take a look at that since we talked?
MS. STUDENT-STIRLING: Just quickly. I didn't have a chance
to chat with Mr. Fernandez on this point.
But I don't know if solely or just maybe take that out and just say
associated with activities conducted in an office.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Well, I think if you go back to the
language in the GMP, it says 44 is any other commercial use or
professional services which are comparable in nature with the
foregoing uses, including those that exclusively serve the
administrative as opposed to the operational functions of a business,
and are -- this one says purely, too. All right, I just --
MR. FERNANDEZ: That's where the text came from. It's a
direct -- it's an exact extraction from the prior approval.
CHAIRMAN STRAIN: I'm just -- the word purely concerns me.
I mean, I hadn't noticed it before. I'm questioning it now. I guess ifit
was a mistake, for history we can -- it doesn't need to continue that
way.
MS. STUDENT-STIRLING: I think if we just say associated
with activities conducted in the office, that that will take care of it.
CHAIRMAN STRAIN: I agree.
MS. STUDENT-STIRLING: It will still have the same meaning.
MR. FERNANDEZ: We have no exception to that.
CHAIRMAN STRAIN: Number 44 says, any of the foregoing
uses that are subject to a gross floor area limitation shall be permitted
by right without the maximum floor area limitation, if the use is
developed as an individual structure that is part of a shopping center.
So that means you could have one 50,000 square foot building.
MR. FERNANDEZ: No, sir, I believe there's a definition for
shopping center that would preclude that. The definition for shopping
center requires a minimum number of tenants.
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CHAIRMAN STRAIN: Okay. Do you know what that is?
MR. FERNANDEZ: I believe it's eight tenants.
CHAIRMAN STRAIN: Maybe, Kay, when we talk with Kay,
she can confirm that there is a definition that references the number of
tenants a shopping center must have? Does staff have that
information?
MR. BELLOWS: I'll double check, but that is my recollection,
too.
CHAIRMAN STRAIN: Okay.
MR. KLA TZKOW: It's a definition in the LDC. It's eight.
CHAIRMAN STRAIN: It's safe?
MR. KLATZKOW: It's eight.
CHAIRMAN STRAIN: Eight, okay, thank you.
Now, I noticed that you used the shopping center category for
your traffic calculations.
MR. FERNANDEZ: That's correct.
CHAIRMAN STRAIN: Certainly I have a question with
transportation staff about that.
We have an LDC amendment coming up next week -- two
weeks from now that Mr. Klatzkow originated concerning non-
compatible uses, and it's pretty general language. I have it here in our
LDC booklet. And I noticed the BCC discussed this at their meeting
on Tuesday.
I thought it was a good idea when I heard the discussion, so I
thought I'd bring it up again here. Although I don't think they
prevailed in getting it added to a PUD. I certainly think it might be
something that should be considered.
The argument that I heard Mr. Y ovanovich state was that since
it's going to go in the LDC, why would we need to add it to these
PUD's, because the LDC is going to have it. And that's fine and dandy,
ifI can expect Mr. Y ovanovich to stand here on the 28th and tell us
that he endorses the language as well, but I know he's going to do just
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November 15, 2007
the opposite.
So I'm wondering, do you have any objection to the non-
compatible language being added to your --
MR. FERNANDEZ: I'm sorry, I'm not familiar with that text. I'll
be happy to look at it.
CHAIRMAN STRAIN: Mr. Klatzkow, do you see any down
side in this language being added into this PUD?
MR. KLATZKOW: Good enough for the LDC, good enough for
the PUD, so I have no problem with it.
CHAIRMAN STRAIN: And I know you haven't read it yet, so
I'm trying to think about how we could possibly -- I don't have it -- I
have the document.
Okay, Mr. Fernandez, if you want to take a few moments to
review that, we'll ask Kay to do her presentation. We also need to talk
with transportation staff, so we'll get through those points before we
ask you then. Thank you.
MS. DESELEM: Good morning. Again, for the record my name
is Kay Deselem, and I am a Principal Planner with Zoning and Land
Development Review.
You have received the staff report from the original hearing of
September 20th and you also got a supplemental staff report that
brought you up to date on the two outstanding issues.
The petitioner gave you a brief overview of the project and you
do have the backup information. You've seen the aerial.
Staff is supporting this petition, finding that especially in light of
the fact that there is an actual sub-district specifically for this
particular tract, and the PUD documents have been set up such that
they almost exactly mirror what those requirements are, staff is
recommending that it be found consistent with the Growth
Management Plan, and we are recommending approval of the petition.
CHAIRMAN STRAIN: Okay, are there any questions of staff?
COMMISSIONER MURRAY: I have questions --
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November 15, 2007
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: -- of transportation.
CHAIRMAN STRAIN: I have some of transportation, too. Why
don't we -- is there anything of Kay while she's up here?
COMMISSIONER MURRAY: No, just transportation.
CHAIRMAN STRAIN: Ms. Caron? Let's get Kay first, then
we'll go into transportation collectively.
COMMISSIONER MURRAY: Fine.
COMMISSIONER CARON: Let's talk about the height issue
that you brought up before, Commissioner Strain.
Is it in fact in the latest documents that the zoned height is 35
feet and the actual height is 50?
MS. DESELEM: I was trying to look at that when you were
asking Mr. Fernandez as well. And it does say on Page 4 that the
maximum zoned height for their two buildings, the retail and the
office, is both 35 feet and the maximum number of stories is three
stories. And it doesn't reference the actual height.
COMMISSIONER CARON: We'll do that in stipulation.
MR. FERNANDEZ: That's fine.
MS. DESELEM: Okay.
CHAIRMAN STRAIN: Anything else of Kay?
(No response.)
CHAIRMAN STRAIN: Kay, I've got a couple.
On Page 2 of your report, it was your original report, you
reference that the number four -- and I need to question you on that. It
says mixed use incorporating residential up to an intensity of 16 units
per acre is permitted and the height can be increased for the mixed use
structures to 45 feet within four stories.
And it says it's not applicable. Why did you put that in there, it's
not applicable to this site, which I expect it isn't. But what does that
have to do with this project, anything?
MS. DESELEM: We were just going through what the
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information was regarding that GMP subdistrict and how this
particular project was --
CHAIRMAN STRAIN: Oh, could have had that.
MS. DESELEM: Yes.
CHAIRMAN STRAIN: Okay, good.
On number five, it talks about a distance of256 feet from the
parcel's north property line. Now, I understand it's what it could have
been, but the current transportation documents say 250 feet. I don't
know if that's a big deal, but I wanted to point that out to you. If you
look on the exhibit under -- in the PUD.
MS. DESELEM: That's what transportation is limited to. But it
could have been as much as 256 in the growth management plan.
CHAIRMAN STRAIN: The suggestions or the comments that
Mr. Fernandez made about the 20 feet on Radio Road going to 25 and
the type B buffer going to a type D, are you in agreement with that?
MS. DESELEM: I have no issues with that. The only thing is the
information about the neighborhood information meeting, he's talking
about anything that would be adjacent to residential use. So there's
nothing adjacent to this that's residential anyway, so it's a non issue.
CHAIRMAN STRAIN: Thank you.
Any other questions of Kay?
(No response.)
CHAIRMAN STRAIN: Ifnot, we'll talk to transportation. Thank
you, Kay.
Mr. Murray, you're up.
COMMISSIONER MURRAY: Good morning.
MR. GREEN: Good morning. Mike Green, transportation
planning.
COMMISSIONER MURRAY: Good morning, Mr. Green.
I'm looking at Transportation's Consultants, Incorporated
memorandum to Michael Fernandez from Mr. Price, and you need -- I
presume are aware of it. And they talk about TS.
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By the way, have you got that document?
MR. GREEN: Yes, I do.
COMMISSIONER MURRAY: Okay, good.
They talked about the TIS comments and speak to the fact that it
would be a significant impact on Radio Road segment west of
Livingston. And it goes on then to say the intersection has been
analyzed for 2006 and not 20 II total traffic. Synchro-analysis shows
the intersection will experience major failure and will require
significant improvements.
And then it goes on to say that after discussions with Mr.
Casalanguida, the conclusion was drawn that the ascribed information
that I just said was excessive or deemed to be abnormally high growth
rate.
Just for the record, I'm looking to verifY that transportation -- of
course this is in the document of the submitter, the petitioner. Does
transportation agree that they will not be now, based on what this says,
that there will not be a significant negative impact to that road, Radio
Road segment west of Livingston Road.
MR. GREEN: We agree that there -- the project is consistent
with the volumes available on Radio and Livingston.
We do want to say that there could potentially be operational
impacts on the intersection, and that we want the ability to get
proportionate share from this project in the future when we address
those issues.
COMMISSIONER MURRA Y: I noted that they go on to say in
furtherance in the memo that the developer has agreed to pay the
project's proportional share, and so that is part of the record now?
MR. GREEN: That's correct.
COMMISSIONER MURRAY: That's all I wanted to confirm.
Thank you.
CHAIRMAN STRAIN: Questions of transportation?
Ms. Caron?
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November 15, 2007
COMMISSIONER CARON: Yeah, to that same paragraph
where Mr. Casalanguida and the petitioner agree that the annual
growth rate should be five percent instead of what we normally have,
and I'm sure this is a reaction to the fact that we've had a temporary
slowdown here, but I'm not sure that it's really good policy.
This development, once it's built, is here for a long time and not
just for the short term.
I want to understand the policy that would determine that we
should be using lesser growth rates than we have been using.
MR. GREEN: To speak to that, the growth rates are different all
over the county. This is in a more urban area, and you just can't see
the same growth rate as you do out in the Estates areas.
COMMISSIONER CARON: But has that not always been
factored in?
MR. GREEN: That's always been the factor.
COMMISSIONER CARON: Okay, then why the change for this
particular?
COMMISSIONER MURRAY: Just in time, Nick.
MR. FERNANDEZ: I believe that it's been historically that
when you have a project in the urban area, they look at those growth
rates consistent with what we've provided in this case. In other words,
that number that was agreed upon is the appropriate number for this
location.
Additionally, this is a unique site from the standpoint we're not
rezoning this from an agricultural use or from another passive type use
to commercial. It's actually all currently zoned industrial.
And for instance, one of the examples that we did is we were
able to show staff that we could actually accommodate 96,000 square
feet of office on this site under the current zoning district and
accommodate it, meeting general development standards.
So this is actually -- it's more of a change of use and not an
intensification of use. Now, office use, for instance, would have
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November 15,2007
different periods of impacts. You know, they would have more
concentrated loads elsewhere as opposed to 50,000 square feet, but it
is double the square footage. But that's, you know, one of the other
considerations about this particular PUD.
COMMISSIONER CARON: Okay. I will speak to Mr.
Casalanguida on that issue. I just am curious.
CHAIRMAN STRAIN: Okay, well --
COMMISSIONER CARON: That's all right, you all can go
ahead, I'll talk to him at another point in time.
CHAIRMAN STRAIN: Okay. IfMr. Casalanguida is going to
be coming up -- by the way, when he was first hired someone threw
him in front of us on his first day and I don't think he ever forgot it.
You haven't had a chance to be here before that I know of to a great
extent, so welcome aboard.
MR. GREEN: Thank you.
CHAIRMAN STRAIN: We're not done yet. It's terrible when
you have to pay for the sins of the person who made the quotation. But
Mr. Casalanguida did say that he's accepting a five percent annual
growth rate. And I -- do you know why he would have said that when
during the AUIR process he demanded a whole pile of money because
the growth rate was not five percent?
MR. GREEN: I cannot speak to that.
CHAIRMAN STRAIN: I don't blame you. We'll come back to
that one in a minute.
On Page 2 of this particular document, it says in the last
paragraph, it is not appropriate to deem proportionate share of
payments at the time of rezoning when sites are being analyzed for,
quote, worst case, unquote, trip generation scenarios.
Now, we have been long told that if you have a laundry list of
uses on your project, that transportation looks at the worst case
scenario in order to determine what the impacts are. Yet every single
time, and I keep bringing this up over and over again, we use the ITE
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November 15, 2007
standard for Code 820, which is shopping center.
Well, Code 820 has a rate of3.74. That's certainly a lower rate
than what this project could use as example for auto supply stores at
5.98, for food stores at 53.73, at drinking places of 11.54, and at
supermarkets that could go up to 50,000 square feet, although I know
now it can't happen there, of 12.02.
But regardless, you don't use the worst case scenario. So do you
have any reason why things like that are being said here and why you
would accept that and not ask for the worst case scenario, based on
what those standard trip rates are?
MR. GREEN: A lot of those have preset limits to where you
have only maybe, you know, 1,000 square feet, but then they require
25 trips added to them. So it's not just the rate factor. Some of the uses
have much higher pass-by allowances than others.
A number of scenarios were run, and we do typically look at
three or four uses and select the one that generates the highest trips.
CHAIRMAN STRAIN: So you did get that data.
Is there a reason why we can't see those alternative forms of data
that come to you then when we review it? Because I would have liked
to have seen that you at least looked at other mixes of uses, rather than
using that 820 code that always seem to be used, because it's such a
nice low code.
MR. GREEN: As we move forward, I can make sure that all
those runs are included in the documentation that you get.
CHAIRMAN STRAIN: This project's small enough, I'm not
concerned about it overall. But it's the philosophy that bothers me.
And I'd certainly like to see those mixes. If you are getting them, that
would be helpful for us to see.
And other than Mr. -- Nick's -- his last name is so hard to say.
But other than Nick's comment on the first page that Ms. Caron
brought up, I'd certainly like to -- that's all I have of you.
Does anybody else have anything ofthis gentleman?
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(No response.)
CHAIRMAN STRAIN: Thank you, sir.
MR. GREEN: One other thing we'd like to ask that it be on the
record is that if operational and safety issues in the future their access
point that's on Radio Road, that the county be held harmless if we
need to close the right out portion of that driveway.
CHAIRMAN STRAIN: In your standard language you didn't
cover that?
MR. FERNANDEZ: I think it's in the language. No?
CHAIRMAN STRAIN: Do you have some specific language
that you recommend adding? I mean, I heard what you just said, but
do you have any --
MR. GREEN: I do not have specific language, but we can put it
together and forward it.
CHAIRMAN STRAIN: Okay. So let's just -- we have to be very
specific on our stipulations to avoid things that have occurred in the
past.
So the language you're asking to be added to transportation, can
you give me a synopsis we could read into the record at the end?
MR. GREEN: Yes. For safety and operational issues if we need
to close the right out portion of the driveway access to Radio Road,
that the county be held harmless.
CHAIRMAN STRAIN: Thank you, sir.
MR. KLA TZKOW: The language should be the county shall
have the absolute right and sole discretion, based on public safety, to
close the right-hand exit onto Radio Road -- right out. We'll work it
out, Commissioner.
CHAIRMAN STRAIN: Okay. I'm trying to think how to
stipulate it when I've got two different ones coming at us. Okay, thank
you, SIr.
CHAIRMAN STRAIN: Nick?
(Speaker was duly sworn.)
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November 15, 2007
MR. CASALANGUIDA: For the record, Nick Casalanguida.
And you know how hard it is to have a good employee working
with you? Be nice to him.
CHAIRMAN STRAIN: You need to use the mic, Nick.
MR. CASALANGUIDA: Please don't scare him away on his
first day at the Planning Commission.
CHAIRMAN STRAIN: We didn't scare you away. You came
back.
MR. CASALANGUIDA: I'm a glutton for punishment.
CHAIRMAN STRAIN: In fact, I got you your promotion.
The five percent, Nick. I mean, we listened to you at the AUIR
and all this doom and gloom about growth and how your roads got to
have more money, 600 million or something like that.
MR. CASALANGUIDA: Actually, some good news at the
AUIR. Our growth rates are moderating a little bit and there were
specific roads that were doing better than other roads.
CHAIRMAN STRAIN: I didn't see you giving money back.
MR. CASALANGUIDA: No, we're not giving money back.
CHAIRMAN STRAIN: So now let's ask about this five percent.
How did you make that determination? How does it tie into the Collier
County traffic count report?
MR. CASALANGUIDA: I think they use the historical growth
rate. And what we looked at was even if you went with a little bit of a
higher growth rate, or less, you aren't going to have a failing link,
you're going to have a an intersection at about 2012,2013 at
operational profits.
Most of the discussions with Mr. Fernandez was paying fair
share. And Ms. Caron asked the question, do you look at fair share at
zoning or do you look at it at site impact? Well, at zoning if you're
going to determine if there's going to be a problem, you're going to
want to require that they contribute that and put that in the specific
language.
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November 15, 2007
When they come for their specific use, then you determine what
that's going to be specifically. And I understand your question about
the land use. I think this petition goes back to even before when it was
originally submitted to -- prior to our new rules. Again, you're going
to get a lot of these that are in that process for about a year or so from
when we changed the TIS guidelines.
CHAIRMAN STRAIN: Okay. If you were to use the real growth
rate in lieu of the five percent, would it show that this project should
not be approved for traffic issues today?
MR. CASALANGUIDA: If the -- the growth rate of five percent
is pretty high in this area as well, too. And a lot of that, if you look at
historical, is based on diversion traffic from Airport Road construction
at the time as well, too.
If I was to go to a higher growth rate, it would still be consistent
with 5.1. You wouldn't have a consistency issue, it would be an
operational issue.
CHAIRMAN STRAIN: Okay, any questions of Nick on the
issue?
(No response.)
CHAIRMAN STRAIN: Thank you.
MR. CASALANGUIDA: You're welcome.
CHAIRMAN STRAIN: There are some other issues today. I
don't know if you were planning to stay or not, but I'm sure that your
substitute wouldn't mind speaking for you, but we have some other
. .
Issues comIng up.
MR. CASALANGUIDA: No problem, we'll be here.
CHAIRMAN STRAIN: Thank you, sir.
Mr. Fernandez, have you had time to look over that language?
MR. FERNANDEZ: Yes, sir. And in looking at the language, I
believe it has more to do with residential adjacencies, and we don't
have any residential adjacencies. There's industrial to our north and to
our west, and we have commercial to the east and south.
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November 15:1007
So my understanding of if you adopt this in the LDC, if we
haven't excluded it, then it will be applicable. So we would just prefer
to allow the board to consider -- finalize our language and if it's
applicable, then it will be applicable.
But in terms of this particular project, there is no residential
adjacency, so I don't think there's really an issue. So no, we would not
want to accept this language in here.
CHAIRMAN STRAIN: You have residential across the street,
okay? And what I'm concerned about is if you put a -- and you do
have the right to put drinking establishments there. And I can't -- I'm
trying to think of a name of an establishment that we could use as an
example. Maybe one -- maybe a name we can come up with is Stevie
Tomatoes. And you would put it at that corner, and the noise traveled
across the street to those people over there, I would want to make sure
that staff could take a look and see ifthere's any implications there,
that's all.
MR. FERNANDEZ: Yeah, I can look at -- if we can look at the
aerial for a moment. I think there's a car wash diagonally across. In
other words, the residential some distance away, there's actually a
commercial use, if you're talking about the neighborhood behind that
commercial use?
CHAIRMAN STRAIN: No, I was talking about Foxfire.
MR. FERNANDEZ: Okay. In the corner there, if you look, I
believe you'll see that there's a car wash, a commercial use actually in
the corner.
CHAIRMAN STRAIN: That is a car wash there?
MR. FERNANDEZ: Yes. It's significantly distance from any
residential.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: I'm thinking that in this particular
instance maybe a mere limitation on where on the site outdoor
entertainment could take place. In other words, I don't think that
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there'd be any objection if it were on the northwest comer up against
the industrial. You know, in fact, it might be the ideal place, and let's
get Stevie Tomatoes to move there and save us all a lot of aggravation.
But perhaps just a limitation on where as opposed to --
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER CARON: I don't know if that works or not.
COMMISSIONER SCHIFFER: I mean, I think I'd rather go
with our soon to be proposed ordinance. I mean, he could put the third
floor outdoor AC/DC lounge up there and blast throughout the
countryside, so --
COMMISSIONER CARON: That's true.
MR. FERNANDEZ: Can I the ask the counsel if they could
opine as far as if it's adopted whether or not it would be applicable?
MR. KLA TZKOW: Well, that's one of the questions we had.
This is one of the reasons why I think this would probably be a good
idea to put this into the PUD now rather than have people claim that it
was somehow grandfathered.
MR. FERNANDEZ: Again, like I said, I don't -- given that we
don't have any residential adjacencies, I'd prefer not to add that
language into the PUD, significantly distance from anything.
CHAIRMAN STRAIN: But your reasoning is you believe it
doesn't apply to you; is that right?
MR. FERNANDEZ: Given the text, we don't know what the
final text is going to be.
CHAIRMAN STRAIN: Well, we're not dealing with the final
text, we're dealing with the text I showed you today. Because who
knows what the final will be after it gets beat up at a public hearing
and the business community comes out and raises all kinds of heat --
MR. FERNANDEZ: And we really haven't had an opportunity
to review it and have counsel review it for us to make sure that we're
comfortable that there's something in there that's not hidden that we
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don't understand. And we'd prefer again not to add it to the PUD. We
don't think it's appropriate. I don't think it's necessary.
We would stipulate that it would -- any language that gets
adopted by the LDC regarding this issue becomes applicable to us.
That would not be a -- that's not something I'd be concerned about, but
I'd like to see it go through the system.
CHAIRMAN STRAIN: Mr. Klatzkow, when you brought your
first non-compatible language to us, rightfully so there was concern
that it would be reviewed possibly as some inclusion into property
rights for existing people that had zoning, and now all of a sudden it
would be ambiguous in the manner in which they could be forced
back through the system again. So we suggested that it be vetted out
through the process that you're now going through for the language.
But that was in relationship to PUD's and zoning that didn't have
this language in their documents. So my thinking was that if this
language got into every PUD going forward, regardless of the
outcome of the LDC language, that at least the PUD property users are
on notice that this ability to challenge their use, if it seems disruptive
to the neighborhood, is present. They could no longer claim it was
something that was taken back afterwards, regardless of the outcome
of the Land Development Code.
That philosophy, does that work well in regards to the thinking
of adding this?
MR. KLA TZKOW: I like it. I think you're right.
CHAIRMAN STRAIN: Okay. Anybody else on the board feel
any issues about this? I mean, this may not even apply to Mr.
Fernandez's situation. What I like about it is ifit does, nobody could
claim they were -- this was a surprise to them and it was taking away
something they'd already gotten at a prior hearing. It's part of their
document. And as it goes forward, it will always be. So there's no
question anymore, it's there.
MR. FERNANDEZ: Well, Mark, I don't have a problem
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November 15,2007
accepting it if it gets approved by the board. As approved by the
board. I've got qualms about taking it on in its current form and that
we don't think it's been appropriately reviewed and considered.
I don't have a problem stipulating that whatever comes forward
from the board would be applicable to us. And I think that's fair.
CHAIRMAN STRAIN: Anybody?
COMMISSIONER SCHIFFER: Because we may improve it,
Mark, as we bring it forward. So he should get the new improved
verSIOn.
But I do think your concern about it -- this site claiming
grandfathering, I think we should eliminate that today.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, I mean, I think typically
we've put all kinds of stipulations on PUD's as they come forward, and
I don't see this as an issue or a problem, I think we can stipulate as we
see fit.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: And I agree. And I believe that
if the Board of County Commissioners wishes to eliminate our
stipulation and you're in agreement to it, they can do so. But I would
hope that the petitioner would -- because I'm inclined to vote in that
manner.
CHAIRMAN STRAIN: Well, okay, Mr. Fernandez, I think you
MR. FERNANDEZ: My concern is just that it hasn't been -- we
haven't had adequate time to review. Again, it's not a matter of --
again, we don't have any problems stipulating too that it would be
applicable to this project. We don't have a problem with it. We just
want to make sure it's vetted.
CHAIRMAN STRAIN: Well, not everything is always vetted. I
mean, PUD's are written by the developer for the developer's needs.
They're customized to the site, as they well should be. They're creative
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November 15, 2007
documents.
So, I mean, I don't think every bit of every PUD's been vetted, as
the LDC language may be. So this may be tailored to this project in
the sense that it's added to it as part of its typical language.
MR. FERNANDEZ: Unfortunately we just -- you know, we
haven't had a chance to review the text in detail and with counsel. If
we had, then we would be happy to maybe comment or accept it,
depending on what our determinations were.
CHAIRMAN STRAIN: Any other questions of the applicant?
MR. FERNANDEZ: If I could put just one other item on the
board. And again, just to remind the commissioners that this is
industrial zoned property. And I understand your concerns about some
transportation concerns, but it's already permitted to have certain
impacts that would actually potentially be greater through the
development under its current zoning.
This is actually a rezoning that would likely result in less
impacts to the traffic network. And because the stipulations that have
been agreed to in the PUD, you know, you're actually getting
additional restrictions or commitments that if for instance the
operational issues are problematic regarding a fair share of
compensation and then to speaking to the issue of the right-in,
right-out -- or the right-out, we're agreeable to that language. That
language -- or the concept of that language, if we can work out the
actual text.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, I'd just like to get back to
this whole issue of whether we include something about the outdoor
entertainment. And I'll read directly from the GMP in -- specific to
this sub-district.
The purpose of this sub-district is to provide services, including
retail uses to surrounding residential areas within a convenient travel
distance to the subject property. These uses are not an entitlement, nor
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November 15, 2007
is the maximum density for residential uses in a mixed use building.
Such uses and residential density will be further evaluated at the time
of rezoning approval to ensure appropriateness in relation to the
surrounding properties.
So I think we have every right to analyze this for the
appropriateness to the surrounding area and stipulate such.
CHAIRMAN STRAIN: I don't have a problem with it, since I
was the one that thought about it as well, so I agree with you.
Any other comments of the applicant before we go into--
COMMISSIONER VIGLIOTTI: No, I just tend to agree with
both of you.
CHAIRMAN STRAIN: Okay, thank you, Mr. Fernandez. We'll
see ifthere's any public speakers.
Ray, do we have any registered public speakers?
MR. BELLOWS: No one has registered.
CHAIRMAN STRAIN: Are there any further comments on this
particular issue before we close the public hearing?
MR. KLA TZKOW: We do have one additional stipulation in the
PUD.
CHAIRMAN STRAIN: Which is? And can I get my book back?
If I lose that, then who knows what could happen.
MS. DESELEM: For the record, Kay Deselem again.
I got the actual language that's proposed to address the right-in
only issue.
CHAIRMAN STRAIN: Are you going to read it into the record?
What we'll probably do is just reference your reading of it, so --
MS. DESELEM: Okay. On written request by Collier County,
developer or his successor in interest at his sole cost shall promptly
relieve -- am I reading correctly -- remove? Sorry, I'm trying to read it.
Reduce the Radio Road access to right-in only, with no claim
whatever against Collier County.
CHAIRMAN STRAIN: Anybody have any questions on the
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November 15,2007
language?
(No response.)
CHAIRMAN STRAIN: Okay. Thank you, Kay.
MS. DESELEM: Thank you.
CHAIRMAN STRAIN: Okay, with that, we will close the public
hearing and we will entertain a motion.
Is there a motion from any member of the Planning
Commission?
Mr. Adelstein?
COMMISSIONER ADELSTEIN: I move that
AR-2007-AR-I0373 (sic) be forwarded to the Board of County
Commissioners with a recommendation of approval, with staff
recommendations.
COMMISSIONER VIGLIOTTI: You said 73 or 76?
CHAIRMAN STRAIN: Wait a minute, the petition that was
advertised was PUDZ-2006-AR-10376, but the petition on the staff
report says PUDZ-2007-AR-I0376. Do we know what it is? Since we
might want to get the right one.
MS. DESELEM: I'm sorry, I missed the question.
CHAIRMAN STRAIN: The agenda references this petition as
PUDZ-2006-AR-I0376. The staff report references the petition as
PUDZ-2007-AR-I0376. Is it six or--
MS. DESELEM: It should be six, 2006.
CHAIRMAN STRAIN: Okay. So Mr. Adelstein, your motion is
for PUDZ-2006-AR-I0376?
COMMISSIONER ADELSTEIN : Yes.
CHAIRMAN STRAIN: Okay, would you mind restating your
motion then, with the exception of that number? We got that right
now.
COMMISSIONER ADELSTEIN: Okay, I move that AR--
CHAIRMAN STRAIN: Well, you don't have to say that. Your
motion was to approve?
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CHAIRMAN STRAIN: 2006-AR-I0376.
CHAIRMAN STRAIN: Right. And that was a motion to
approve?
COMMISSIONER ADELSTEIN: Approve.
CHAIRMAN STRAIN: Okay, is there a second?
COMMISSIONER MIDNEY: (Indicating.)
CHAIRMAN STRAIN: Mr. Midney with a second.
Now, stipulations and discussion. Notes from the meeting.
Anybody? I know we've gotten -- Ms. Caron, do you have something?
COMMISSIONER CARON: I was just going to go over what I
had written down was the outdoor entertainment stipulation; the zoned
height is 35 feet, actual 50; type B to a type D landscape buffer; and
the transportation operational issue of being able to close the right
turn. And there was one other.
CHAIRMAN STRAIN: The word purely would be removed
from item 43.
You said something in the beginning, I'd like to make sure it's
clear. You said that -- the outdoor entertainment stipulation. What
exactly were you referring to? Because we talked about a couple of
things, and I want to make sure we get the right one.
COMMISSIONER CARON: That we use in this PUD the
language that you submitted to Mr. Fernandez.
CHAIRMAN STRAIN: And that's the language that has been
issued for review of the LDC Section 10.02.03. And it would be
(A)(5) that we're going to be reviewing next week, and it would be a
five -- the numbers would be A, B, C and D. That language would be
added to this PUD, regardless of its outcome at next week's or week
after's LDC hearing. Is that what you were --
COMMISSIONER CARON: Yes.
CHAIRMAN STRAIN: -- intending?
And I would agree with that.
Anybody else have any -- Mr. Schmitt?
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November 15, 2007
MR. SCHMITT: Yes. So what you're saying is even if
something changes next week in language or whatever during the
LDC hearing, that will not impact the language in this PUD?
CHAIRMAN STRAIN: That's what I think we're saying, yes.
Anybody see any differently? No, okay.
Okay, any other stipulations to the motion?
(No response.)
CHAIRMAN STRAIN: Hearing none, is staff clear on the
motion?
MS. DESELEM: May I reiterate to you --
CHAIRMAN STRAIN: I want you to. We don't want any more
unclear motions.
MS. DESELEM: Right. Okay, we're changing the use number
44 to omit the word purely.
CHAIRMAN STRAIN: Number 43, I'm sorry.
MS. DESELEM: 43?
CHAIRMAN STRAIN: Yeah.
MS. DESELEM: See, it's a good thing I asked.
And we're adding the noncompatible language about outdoor
entertainment, as reflected in the LDC cycle amendment that you have
for Section 1O.02.03(A)(5) and it's A, B, C and D; is that correct?
CHAIRMAN STRAIN: That's correct. Now, that isn't just about
outdoor entertainment, it's just about noncompatible uses.
MS. DESELEM: Ijust referenced the--
CHAIRMAN STRAIN: I know.
MS. DESELEM: -- same title that was -- is there is a date on that
document so we know --
CHAIRMAN STRAIN: Revised 11/6/07.
MS. DESELEM: Revised 11/6/07. Thank you.
And we're adding the transportation condition as I read into the
record?
CHAIRMAN STRAIN: Right.
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November 15,2007
MS. DESELEM: And the type 0 thing was just a correction of
the staff report. It's already correct in the actual PUD documents. So
those are the stipulations.
CHAIRMAN STRAIN: And the height of --
MS. DESELEM: Actual height of 50 feet, okay.
CHAIRMAN STRAIN: 35 feet's already in the document.
MS. DESELEM: Okay, I have it, thank you.
Okay, seems clear enough. Everybody fine? All those in favor of
the motion, signity 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: All those opposed?
(No response.)
CHAIRMAN STRAIN: Thank you.
Thank you, Mr. Fernandez. Thank you, Kay.
You doing okay, Cherie'?
Item #8B
PETITION: V A-2007-AR-12005
We'll take a break at 10:00, but right now we have a -- we'll go
into another petition, it's Petition V A-2007-AR-I2005.
All those wishing to speak on behalf of this petition, please rise
to be sworn in by the court recorder.
John-David, looks like you're the only one up here today. That's
okay, you can speak for the applicant too, I'm sure.
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(Speakers were duly sworn.)
CHAIRMAN STRAIN: Mr. Yovanovich, did you just
participate in that swearing in by walking in with your hand up in the
air?
MR. YOV ANOVICH: Yes, I swear to tell the truth.
CHAIRMAN STRAIN: Okay. Are there any disclosures on the
part of the Planning Commission?
COMMISSIONER VIGLIOTTI: I spoke to Mr. Y ovanovich via
telephone on this matter.
COMMISSIONER ADELSTEIN: I spoke to him also.
CHAIRMAN STRAIN: And I did, too.
COMMISSIONER CARON: I did, too.
COMMISSIONER SCHIFFER: Mark, I mean, do we -- I
requested something from staff. Do I have to disclose that, or--
CHAIRMAN STRAIN: If you want to.
COMMISSIONER SCHIFFER: Okay, I had staff bring the
permit drawings for this project.
CHAIRMAN STRAIN: Anything else?
(No response.)
CHAIRMAN STRAIN: Hearing none, Mr. Yovanovich, it's all
yours.
MR. YOV ANOVICH: Good morning. For the record, Rich
Y ovanovich, on behalf of Gene and Nancy Zilavy, who are also here
regarding this petition.
Mr. and Mrs. Zilavy purchased the home that's on the visualizer
in May of 200 I. The home was already constructed when they
purchased it. And what you see on the visualizer from the property
appraiser's records is what was there when they bought the property.
The building permit for the home was approved on September
20, 1996, and the C.O. for the home was approved on April I, 1997.
A C.O. for the pool and pool cage was approved on March 17,
1997.
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On June 5th, 2006, the Zilavys were cited by Code Enforcement
for violating the rear setback for the pool and the pool enclosure. This
is more than nine years after the C.O. for the pool and house was
issued and more than five years after they purchased the home.
This is one of several homes in the Vanderbilt Beach area that
have been required to go through this process of getting an
after-the- fact variance for homes that were properly permitted and
C.O.'d by the county.
We tried to find an administrative mechanism to resolve this
issue. Staff! guess correctly stated that they had no administrative
way to resolve this issue, so my client was forced to go through this
petition process.
They were required to pay double the variance fees. The normal
variance is $2,000, they had to pay $4,000 just to get in the door to go
through this process.
I don't mean that as a slight to staff, because staff has actually
been very helpful and worked with us to get here today as quickly and
as inexpensively as possible.
But I do think that that's a little bit of overkill to a property
owner who obviously didn't build the house themselves, they bought
the house in its currently existing condition, yet they were told they
had to pay double the fees.
I find it ironic that not too long ago the Board of County
Commissioners allowed 16 property owners to join up together and
pay one $1,000 fee to get 16 administrative variances, yet everybody
in the Vanderbilt Beach area has had to go by themselves and pay
double the fees.
I hope that something can be done for everybody who's gone
through this process and paid double the fees, and maybe something
could be done for Mr. and Mrs. Zilavy to at least reduce their fee
some.
It's clear that my clients didn't do anything wrong in this
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situation. The pool and pool enclosure, if you look, is consistent with
what's next door to us, as far as it lines up.
You have, in your agenda package, I think there's 22 letters of
support from the surrounding neighbors saying that they don't have
any issues with this.
Your staffs recommending approval. Your staff has been very
helpful in getting through this process. We're requesting that the
Planning Commission forward the petition to the Board of County
Commissioners with a recommendation of approval. If you need a
more detailed explanation of what's going on, I'll be happy to do that.
But you've seen these types of petitions before, and unless you need
more information, I'll answer any questions you may have regarding
this particular petition.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLA T: Yes, what compelled the
variance petition request? It's been there so long, I was confused as to
why it arose now.
MR. YOV ANOVICH: Well, there was a -- there had been a lot
of them. I think some prior to your going on the Planning
Commission. And apparently there was an overall general complaint
filed and there was a review of a lot of properties up in North Naples
area and Vanderbilt Beach that have resulted in several property
owners being cited for violating the pool setback.
What had happened, though, was originally there -- there are two
setbacks for pool enclosures, depending on the elevation of the pool.
In the review of the permits, there was not a requirement to provide
elevations of the pool. So on many homes the wrong setback was
applied. I believe it's a IO-foot setback for pools below, I think, 30
inches and if it's above 30 inches the setback is 20 feet.
There was no review of the elevation, that's why several homes
went through this. Staff has implemented a process now where you
not only give the setback of the pool, you give the elevation of the
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pool. And so I don't think there's an issue. There's been processes
implemented to make sure we don't have this situation in the future.
COMMISSIONER KOLFLAT: Was J.D. Allen the architect of
this house?
MR. YOV ANOVICH: No, sir.
COMMISSIONER KOLFLAT: Now, as I understand it, if the
pool deck had been two foot lower, they would be in compliance,
there would be no encroachment; is that correct?
MR. YOV ANOVICH: Correct.
COMMISSIONER KOLFLA T: And the report stresses one
correction would be to move the pool back 4.8 feet and the enclosure
8.5 feet. I'm not suggesting this is a viable necessarily solution, but
could the pool deck be lowered two feet and then it would be in
compliance and there would be no encroachment?
MR. YOV ANOVICH: I'm assuming you would have a very
shallow pool; you need stairs to get in and out of the house to the pool
area; the expense to do that, because you would probably need to
come in and get a barge. I don't think that that's a viable solution.
COMMISSIONER KOLFLA T: Do you know if it was looked at
technically at all?
MR. YOV ANOVICH: We didn't do that. We thought that that
was just not -- we thought that that was frankly economic waste to put
a property owner through that, so we didn't go and commission any
studies.
COMMISSIONER KOLFLAT: Now, you mentioned there were
six other variances in the neighborhood during the last 15 years. When
you say neighborhood, how many -- how large a neighborhood was
that?
MR. YOV ANOVICH: I think you're referring to the staffreport,
and I didn't prepare the staff report. It can tell you that I've probably
done three or four in the last two years with the very same factual
scenano.
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COMMISSIONER KOLFLAT: Now, there's a name mentioned
on the letters that you submitted. Sylvia DeFalco. I didn't see a letter
from her there.
MR. YOV ANOVICH: Sylvia DeFalco is my paralegal.
COMMISSIONER KOLFLA T: Her name appeared in all the
letters.
MR. YOV ANOVICH: She sent the letters, I believe.
COMMISSIONER KOLFLA T: Now, did she write the letter?
They all have the same verbiage.
MR. YOV ANOVICH: We provided some language to the
Zilavys to send around to their neighbors and if their neighbors agreed
with that language, they prepared the response and accepted it.
COMMISSIONER KOLFLA T: Now, the letters show 22
signatures and that's what's referred to as the number of letters.
MR. YOV ANOVICH: Correct.
COMMISSIONER KOLFLA T: But actually, in going through
it, the residences amounted to 13, since there were two people that
signed for the same residence. So it's actually 13 residences.
MR. YOV ANOVICH: Thirteen homes, 22 people.
COMMISSIONER KOLFLA T: Right. That's significantly the
ones on either side support it.
MR. YOV ANOVICH: Yes, sir.
COMMISSIONER KOLFLAT: Correct.
That's all I had, Mark.
CHAIRMAN STRAIN: Thank you.
Ms. Caron?
COMMISSIONER CARON: Who did build the home?
MR. YOV ANOVICH: To be honest with you, I don't know. I
didn't go back to look at it. I can pull the permit out. I think it's in the
file.
COMMISSIONER CARON: Mr. Schiffer may have it.
MR. YOV ANOVICH: Mr. Schiffer may have it. I know I have it
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in here.
COMMISSIONER SCHIFFER: It's a fellow named Nicholas
Lagrasta.
MR. YOV ANOVICH: Okay. He built a lot of homes up in that
area.
COMMISSIONER CARON: Who put in the pool; do you know
that?
MR. YOV ANOVICH: I don't know who the pool contractor
was. It was part of the original home construction. I could dig that out
as well, unless Mr. Schiffer has that handy.
COMMISSIONER SCHIFFER: I do.
Can you ask another question?
MR. YOV ANOVICH: My assistant is thumbing through the --
COMMISSIONER SCHIFFER: I got it. Suncoast Custom Pools.
COMMISSIONER CARON: And the reason that I am asking for
those names to be public record is I'd like the public to know that
these are people who don't do business according to our code. And
they are costing people, like the Zilavys and others, lots of money.
And, you know, I warn everyone not to have a home built by
Mr. Lagrasta or Suncoast Pools, because they don't seem to be able to
follow the rules.
The only other comment that I wanted to make was I had --
when I had my discussion with Mr. Y ovanovich, I have only one
condition that I would like to cite for this home. I have no problem
with this after-the-fact variance. I do, however -- I would, however,
have a problem if as one of the reasons for getting this after-the- fact
variance is a citing of financial hardship, I don't want to see in another
year or two this family turn around and decide that they can afford to
put a second story on this building without first correcting the pool
setback issue.
So if we can somehow stipulate that in a motion, I personally
have no problem.
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CHAIRMAN STRAIN: Well, Ms. Caron, I understand your
passion for this issue, but I want to make the record real clear, your
comments involving the builder and the pool contractor is not
reflective necessarily of the other members of this or jointly of this
Planning Commission.
COMMISSIONER CARON: May not be, and please state.
CHAIRMAN STRAIN: This isn't the right forum maybe for
making those kind of accusations, and I would hope in the future we
can refrain from that. If we disagree with the way the building was
built, that's one thing, and that's as far as we should go with it.
COMMISSIONER MURRAY: Thank you, Mr. Chairman.
CHAIRMAN STRAIN: Any other comments of the applicant or
questions of the applicant?
Mr. Schiffer?
COMMISSIONER SCHIFFER: And just kind of to follow up. I
think Donna's comments may have historically had something. But
going through the drawings today, we would never be able -- you
know, the data that we be required and everything would certainly
prevent something like this from happening today, in spite of
everything.
And the other thing, too, is that the building, the actual -- the
concern about the second floor, the structure itselfhas never been an
issue. It's only these accessory uses that were attached to the back.
I think if you look at the neighbor to the right, you'd wonder why
doesn't he have the same problem. And the reason he had it is he
raised the seawall. In other words, he played that little game. I think
the house here looks much better not playing that game to solve the
problem. You can see what Ray is showing is what he did is came in
and monkeyed with the seawall height, which is kind of mocking the
process.
So I think out of due respect for this site, I would rather a
variance than have them go back and do that to their backyard.
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CHAIRMAN STRAIN: I don't disagree with you.
Any other comments to the applicant?
COMMISSIONER CARON: Everyone agrees.
CHAIRMAN STRAIN: Okay, is there a staff report?
MR. MOSS: Thank you, Commissioner. John-David Moss,
department of zoning and land development review.
I just wanted to make one clarification. Mr. Y ovanovich said it
was a 36-inch threshold triggering the 20-foot setback. It's actually a
four-foot, as in the staff report. I included that information on Page 2.
So I just wanted to clarity that.
CHAIRMAN STRAIN: Thank you, sir.
Any questions of staff?
COMMISSIONER SCHIFFER: I do have one --
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: -- for David.
Two things. One thing is that you know when you write out the
requested action? Everybody else calls this an after-the-fact variance.
You didn't. And what you did is you called this to legitimize. So call it
an after-the-fact variance.
MR. MOSS: Okay.
COMMISSIONER SCHIFFER: And then the second thing:
David, do you want these drawings back?
MR. MOSS: I can take them back. You probably --
COMMISSIONER SCHIFFER: I can give them to the owner.
MR. MOSS: Okay. That's probably a good idea.
COMMISSIONER SCHIFFER: All right, thank you.
CHAIRMAN STRAIN: Any other -- Mr. Kolflat?
COMMISSIONER KOLFLA T: Yes. David, as a matter of
consistency, could we indicate in the reports whether we're reporting
on residents or signatures? I mean, we are faced many times with
groups of letters from both sides, and in trying to compare the value or
put the weight on which ones have more letters than the others or
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November 15,2007
more residents seem to me to be more apropos just to identity the
number of residents. In this case there were 13, which is still a
significant number, but it doesn't question how many signatures there
were.
MR. MOSS: I was just trying to reflect the information that was
included in the application so there wasn't any confusion, but I will do
that in the future.
COMMISSIONER KOLFLA T: Thank you.
CHAIRMAN STRAIN: Any other comments, questions of the
applicant?
(No response.)
CHAIRMAN STRAIN: Ray, are there any public speakers?
MR. BELLOWS: No one has registered.
CHAIRMAN STRAIN: Mr. Schmitt?
MR. SCHMITT: Yes, I just want to note for the record, the
comments made concerning the contractor, there is a forum for that to
be addressed, that's the Contractor Licensing Board, which the
homeowner can register a complaint. I'll be glad to assist, my staff,
through contractor licensing.
And there are provisions in the contractor licensing ordinance
that allows for the homeowner to seek reimbursement for the cost
associated with this, to go after the contractor to pay for those costs.
So that exists, and that can be pursued through contractor licensing.
MR. YOV ANOVICH: I don't want to belabor the point, but let's
not forget, my client didn't contract with the contractor to build the
home. My client is once removed. So those remedies may not be
available.
MR. SCHMITT: They are still available.
MR. YOV ANOVICH: I don't want to get into that --
CHAIRMAN STRAIN: That's a complaint issue outside of what
we're doing here today. Let's stick to the facts. We have a variance
here, we've heard all the data. There are no public speakers. We'll
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November 15, 2007
close the public hearing and entertain a motion.
COMMISSIONER CARON: I'll make a motion--
CHAIRMAN STRAIN: Yes, ma'am.
COMMISSIONER CARON: -- to approve the after-the-fact
variance VA-2007-AR-12005, Zilavy variance.
The condition that I talked about before, I would like to apply. I
just don't want people coming before us claiming that it would be too
much of a hardship to correct an issue, yet feel that in the future they
can spend those dollars doing whatever else they might want to do to
this home. I think issues should be corrected first. These variance
issues should be corrected first.
CHAIRMAN STRAIN: So the motion's real clear, because we
have got to get a second, can you summarize a little bit what you've
just said? You're making a motion to recommend approval subject to a
stipulation? Could you distinctly say what stipulation it is that you're
making the motion subject to?
COMMISSIONER CARON: Yes. We're approving a variance
here and one of the reasons we're approving this variance is we've
been told that it would be a hardship, a financial hardship for these
people to make the changes that would bring the home into
compliance as it is now. And I agree with that. It would be outrageous
to charge these people to redo the pool and redo the decking for a
problem that somebody else created.
But I don't want -- what I don't want to see happen is that
suddenly a year from now or six months from now on this
single-family home they decide they do have the dollars to put a
second story on their home without first making the corrections to this
pool area. If you can do one, you can do the other.
CHAIRMAN STRAIN: We have a -- you want to make a
motion to approve. Your stipulation -- well, you provided a lot of
background, which wasn't needed. But the stipulation you're trying to
get to is you don't want a second story put on this house without the
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November 15, 2007
pool setback being corrected, is that --
COMMISSIONER CARON: Right.
CHAIRMAN STRAIN: Okay, so the motion is recommendation
of approval with a stipulation that this home will not be allowed to go
to two stories without the pool setback issue being corrected. Is that --
COMMISSIONER CARON: That's correct.
CHAIRMAN STRAIN: Okay, is there a second to the motion?
Mr. Kolflat?
COMMISSIONER KOLFLA T: I'll second the motion. But I
have a question to ask the petitioner.
CHAIRMAN STRAIN: Okay, we'll go into discussion. Motion's
been seconded by Commissioner Kolflat.
Discussion.
COMMISSIONER KOLFLAT: I wondered if the petitioner
would respond as to whether the petitioner would agree to that
stipulation.
MR. YOV ANOVICH: You know, I don't know why this
property owner would be singled out from an opportunity -- he doesn't
have any plans to put a second story on there right now. But I would
still submit it's still economic and a financial hardship to spend money
fixing a problem they didn't cause and then to compound the issue by
taking away the right that everybody else in the neighborhood has to
build to a certain height. I mean, you're kind of giving a double dose
of punishment for something he didn't create.
CHAIRMAN STRAIN: Was any other --
COMMISSIONER KOLFLA T: The answer to your question
then is no?
MR. YOV ANOVICH: Well, I don't know why we would need
to do that. I would hate to --
CHAIRMAN STRAIN: Mr. Kolflat is trying to get to the bottom
line. Your answer to that question is no, you would not agree to it; is
that right?
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November 15, 2007
MR. YOV ANOVICH: If it's going to affect the outcome of the
vote, of course we would agree to that.
CHAIRMAN STRAIN: It's like betting on the stock market.
First of all, had any other variances in that area --
MR. YOV ANOVICH: No.
CHAIRMAN STRAIN: -- had that similar stipulation?
MR. YOV ANOVICH: No.
CHAIRMAN STRAIN: Now, let's go to the rest. Mr. Adelstein,
then Mr. Murray.
COMMISSIONER ADELSTEIN: First of all, this situation was
one they had nothing to do with when it was originally happening.
The fact that they were trying to not have to pay any great amount of
money to correct it was good judgment. The fact that they should have
it done properly is good judgment. The fact that later on, a year or so
they want to put something else on has nothing to do with this issue,
because those people still have the right to do what they want to do
with their home.
Right now what we're dealing with is a situation that somebody
else created. They didn't even know about it for the first eight years or
10 years. Then all this comes apart. Why should they be put into a
position where now they can't buy or recreate something more on their
home? I think that's absolutely stupid.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I think if the motion maker were
to consider the implications of a future owner of the property, had the
folks decided to sell, for whatever reasons, and another person owns
the home and would like to have the advantage of a second story, you
would preclude somebody in the future from enjoying the opportunity
simply because a variance was granted. And as Commissioner
Adelstein has just stated, one thing really has nothing to do with the
other.
CHAIRMAN STRAIN: Any other? Mr. Vigliotti?
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COMMISSIONER VIGLIOTTI: I agree. I feel these people
have been penalized enough and we have some other issues too that
are similar. After-the-fact variances, if they're not the fault of the
people that are living in a house and they just bought the house and
wind up with a problem, bad enough they have to spend the money to
go through the process.
Is there a way, Mr. Klatzkow, that we can come up with an
easier way to do this, rather than put the people through the expense of
spending all this money for these type of variances?
MR. KLATZKOW: The Board of County Commissioners can
amend the Land Development Code. But until that time, we must live
under the rules that we have.
COMMISSIONER VIGLIOTTI: Because this is a hardship for
anyone of --
MR. KLATZKOW: But the problem is, you want to have a sort
of additional cause for an after-the-fact variance, because you don't
want people to try to get something slipped under the process and so
you need that. I'm not going to call it a penalty, but you need that
disincentive to do that. And this is the disincentive.
And I understand that there are future homeowners who come in
here and then they find that. That doesn't mean the original
homeowner wasn't aware of it, though.
COMMISSIONER VIGLIOTTI: I agree. But when someone
buys a home unaware of the problem, I just feel bad that they have to
spend the money.
MR. KLA TZKOW: You're going to have another one come
forward to you today that's the same thing.
COMMISSIONER VIGLIOTTI: That's exactly why I'm saying
what I'm saying, that this is not just this one specific issue, this is an
ongoing issue we have. And to penalize these people to spend the
money and the time and the effort and then asked to penalize them
more, it's an undo hardship.
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CHAIRMAN STRAIN: Before Ms. Caron. Mr. Klatzkow, I
disagree with the statement you said, we have another one coming
forward today in the same thing. I'm going to prove to you it is not. So
enough there.
Ms. Caron and then Mr. Schiffer.
COMMISSIONER CARON: Yeah, Mr. Yovanovich brought up
the fact that a few weeks back 11 people were allowed to come and
administratively get a variance for 1,000. I mean, how did that happen
versus individual residents like the Zilavys?
MR. KLA TZKOW: I'll defer to Joe on this. I think we're getting
at the old --
COMMISSIONER CARON: I honestly don't remember and I'm
just curious.
MR. SCHMITT: It was an issue presented to the Board of
County Commissioners regarding Olde Cypress and the approval of
building permits. It was encroachments to the preserve setback of 25
feet versus 20 feet for the development criteria in the PUD. And the
board directed that we proceed with administrative variances for those
properties.
COMMISSIONER CARON: So that was a -- it was a board
decision is all --
MR. SCHMITT: That was a board decision, correct.
COMMISSIONER CARON: Thank you. That's what I was
trying to get at.
MR. KLATZKOW: But it was also an administrative process.
COMMISSIONER CARON: Right.
MR. KLATZKOW: We had the process already existing in the
code that we could do for this.
MR. SCHMITT: Correct.
COMMISSIONER CARON: So the board could do the same
thing here.
MR. SCHMITT: The board directed through a vote --
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November 15,2007
COMMISSIONER CARON: Whether they would choose to or
not is a different issue, but they could.
MR. SCHMITT: And they have the authority to amend the fee
resolution. Just as this petitioner can present that same position to the
board and if the board directs a refund, I will comply.
COMMISSIONER CARON: Good.
CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Kolflat.
COMMISSIONER SCHIFFER: And Margie, you may have to
help me, we've been discussing Robert's Rules of Order and how to
vote on those conditions if we're not comfortable. This could be --
Margie, could this be a place where we could divide the motion into
two conditions and move on with it?
MR. YOV ANOVICH: Let me make it easy for everybody. It
will cost my client more money to get one of you to vote no on this
than it's worth. So if that condition is the critical vote to get the
unanimous vote, we'll take -- we'll give you the condition. I'm just
throwing it on the table. Because frankly, it will cost more money to
go argue the point in front of the Board of County Commissioners.
CHAIRMAN STRAIN: Does that mean you can't go on the
summary agenda if one person on this commission votes against it, so
you'd be forced under the overall agenda, which means you're not
doing this pro bono.
MR. YOV ANOVICH: Right. Why should my client have to go
through the expense, just like asking -- the only way for me to get in
front of the Board of County Commissioners about reducing the fee is
to pull myself off of summary agenda to spend more money for my
client to maybe save some money. So it's not worth it. We're in a
situation where it's just not worth the money to my client. It's not fair
to my client.
CHAIRMAN STRAIN: Okay, Mr. Schiffer, you were --
COMMISSIONER SCHIFFER: Well, if we divide the motion
the variance could pass and then maybe the other thing would fail and
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you would have what you need.
MR. YOV ANOVICH: Ifthat gets me --
CHAIRMAN STRAIN: You've got to use the speaker if you're
going to talk, Richard.
MR. YOV ANOVICH: I don't know the technical ramifications
of that decision. I just want it on there, that's -- my client's in a
position where it saves them money to go ahead and agree to
something they don't want to agree to.
COMMISSIONER SCHIFFER: But here's the problem, Richard,
is we're here because of the behavior of a prior owner. We wouldn't
want a future owner having the same problem.
COMMISSIONER VIGLIOTTI: We don't want to create more
problems.
CHAIRMAN STRAIN: You guys have -- first of all, it's Mr.
Kolflat's turn, after Mr. Schiffer finishes, and then Ms. Caron, and
then Mr. Vigliotti.
Mr. Schiffer, are you done?
COMMISSIONER SCHIFFER: Well, I mean, what I'd like to do
is divide the motion, but --
CHAIRMAN STRAIN: Well, let's see if we need to first.
MR. KLA TZKOW: The only problem is you can divide the
motion, you can take a vote on the stipulation, but it doesn't get rid of
Mr. Y ovanovich's concern that when you get to the actual vote on
whether or not to recommend this variance, one of you may vote
against it. Do you follow me?
COMMISSIONER SCHIFFER: Yeah, I do.
MR. KLA TZKOW: So yes, you can vote whether or not that
stipulation's part of it. And let's say your vote is 4-4 or 5-3, whatever it
is, but then you get to the real vote, the one that concerns Mr.
Y ovanovich, to either recommend approval. And if this issue is going
to hold it up, he doesn't have unanimous support of the board, he's got
to go in front of the Board of County Commissioners on this. That's
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November 15,2007
the problem.
CHAIRMAN STRAIN: We need to move this forward.
Mr. Kolflat and then Ms. Caron.
COMMISSIONER KOLFLAT: Well, Mr. Yovanovich brought
up the question of Olde Cypress and the administrative variance that
was granted. There was one stipulation, though, that went along with
that that was not brought up in the discussion and that is that the
encroachment must be within 25 percent of the setback requirement
before it can qualifY for an administrative variance. Do you agree with
that, Joe?
MR. SCHMITT: Yes. The criteria for those were administrative,
as the assistant county attorney pointed out.
CHAIRMAN STRAIN: Ms. Caron?
MR. SCHMITT: The two items that were not will be issued
notices of violation, the two that don't meet that administrative
criteria.
COMMISSIONER KOLFLAT: Right, but it's eliminated by the
25 percent.
MR. SCHMITT: That's correct.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: I am not trying to make an
example of the Zilavys here. What I am trying to do is prevent
after-the-fact variances from being approved when it is merely --
when we're going about it as a convenience issue. And that's what
happens in too many of these.
I am -- it will be the will of this board by everybody's consensus
here that this variance be approved. The hang-up is my stipulation.
The Zilavys have said that they have no intention of building a second
story on this home, and I will take them at their word.
CHAIRMAN STRAIN: Does that mean you're going to
withdraw your motion?
COMMISSIONER CARON: Let me finish, Mr. Strain.
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November 15, 2007
Yes, I will remove that restriction. Because the Zilavys have
stated on the record that they have no intention of adding to this, that
there really is an issue with this one concerning cost.
And at any rate, we're still waiting for a second.
CHAIRMAN STRAIN: No, there was a second. Mr. Kolflat
seconded. That's why --
COMMISSIONER CARON: Oh, Mr. Kolflat.
CHAIRMAN STRAIN: -- we have to get it squared away. You
can't just remove the stipulation because it was part of the motion, so
we need to withdraw the motion, which you're willing to do.
Mr. Kolflat, are you willing to withdraw your second?
COMMISSIONER KOLFLAT: Yes.
CHAIRMAN STRAIN: Okay. So now there is no motion on the
table. Is there a new motion?
COMMISSIONER CARON: I'll resubmit the motion to approve
the after-the- fact variance.
CHAIRMAN STRAIN: Is there a second?
COMMISSIONER ADELSTEIN: I'll second.
COMMISSIONER VIGLIOTTI: I'll second.
CHAIRMAN STRAIN: Second by Commissioner Adelstein,
made by Commissioner Caron.
Any further discussion?
(No response.)
CHAIRMAN STRAIN: All those in favor, signity 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.
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November 15, 2007
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Motion carries unanimously. Thank you
all. We will take a break until 10:25.
(Recess.)
CHAIRMAN STRAIN: Okay, if everybody will resume their
seats, we'll continue the meeting.
Item #8C
PETITION: V A-2007-AR-I2I29
The next petition up is Petition V A-2007-AR-12129. It's James
and Ruth Kalvin for a variance concerning a guest house on 5801
Cedar Tree Lane in Golden Gate Estates.
All those wishing to testity on behalf of this project, please rise
to be sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Disclosures on the part of the Planning
Commission?
(No response.)
CHAIRMAN STRAIN: Hearing none, go ahead, sir.
MR. F AGA: Yes, thank you very much. Mr. Faga, attorney for
the petitioners Jim and Ruth Kalvin.
This was a guest house that was purchased in December, 2005.
The structures were in existence from we believe 1973 or 1979.
There came a point in time where my clients requested that a
propane tank be installed, and at that point the Code Enforcement
Board cited the house for unlawful conversion to living space.
We've done a substantial amount of research, staff has done
research, and the Kalvins have done research, and we were not able to
find out whether this was ever a permitted guest house with
appropriate certificates of occupancy.
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There were no records from 1979. The only item that we found
was a property appraiser's card in 1981, indicating that the guest house
was on the property appraiser's card.
So I guess I'm here asking for another after-the-fact variance, but
I'm not quite sure. It was not legal in '79, I just was unable to find that
-- make that determination.
But we are here, nevertheless, requesting that you approve the
variance which in the staff report lays it out very precisely, that the
present house, on Page 2 of 7 in the staff recommendation, the figures
represent an overage of 7.4 feet and 19 percent respectively for the
two variance requests being made with this application.
As I indicated, one is a separation request and one is an area
variance request.
I'd be more than happy to take whatever questions you might
have, and I certainly appreciate the staffs help in helping us process
this through the system.
CHAIRMAN STRAIN: Are there questions?
Mr. Kolflat?
COMMISSIONER KOLFLA T: Yes, this is more of a question
on my part.
Does the code enforcement have any statute of limitations
associated with it?
MR. KLATZKOW: There are no limitations periods for code
enforcement infractions.
COMMISSIONER KOLFLA T: There are none.
CHAIRMAN STRAIN: But you can murder somebody or do
whatever and there's a limitation, but if you violate the code in Collier
County, it takes you to your grave.
COMMISSIONER KOLFLA T: As the attorneys say, it stays in
perpetuity .
MR. KLA TZKOW: Jean Valjean will track you down himself if
you do.
Page 64
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CHAIRMAN STRAIN: Are there any other questions of the
applicant?
(No response.)
CHAIRMAN STRAIN: Sir, you stated in the beginning that you
found no records to show that this was C.O.'d?
MR. F AGA: Right -- or not C.O.'d. I don't know that.
CHAIRMAN STRAIN: You're representing the applicant. You
might have reversed that statement and said there are no records to
show that this building had not obtained the proper authorization to be
built in Collier County, because part of 1979 Collier County's lost
most of its records.
MR. F AGA: That seems to be what I learned, but I was trying to
be very fair and objective about it and indicate that I could not prove
either way.
CHAIRMAN STRAIN: Let me understand this. A guy buys a
house, it was built prior to him buying it. He bought it in '05, it was
built in the Seventies. He moves in, does the right thing, calls in for a
permit, calls an inspector up to get the permit inspected. Apparently
that work is okay. But somehow a neighbor must have ran over,
threatened by life and safety, to say that guest house is illegally built,
it's too close to the main house. Is there a -- who complained?
MR. FAGA: No, I believe the code enforcement, when they
came to do the installation of the propane tank, determined that there
was not -- did not qualifY with the present code.
CHAIRMAN STRAIN: Code enforcement did an inspection on
a propane tank?
MR. F AGA: Yes, sir. That's my understanding.
MR. SCHMITT: Building inspector.
MR. F AGA: Building inspector, I'm sorry.
CHAIRMAN STRAIN: Okay, well, there's a big difference.
MR. FAGA: Yes, there is. I'm sorry.
CHAIRMAN STRAIN: So the building inspector, who is not a
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code enforcement officer, came out and did an inspection on a
permitted propane tank that the owner was good enough to file a
permit for --
MR. F AGA: Yes.
CHAIRMAN STRAIN: -- and he took it upon himself to decide
that this guest house was not in his liking.
MR. F AGA: I assume -- and I should never make an assumption
here -- that he went to code enforcement and then they issued the --
CHAIRMAN STRAIN: Is that part ofa final inspection
requirement, to go to code enforcement?
MR. SCHMITT: I'm not going to put anything on the record. I
know nothing about this case. I would have to pull the records to find
out who did what. I can bring that information back, but I don't have
any of that information in front of me.
MR. F AGA: That's how we got here, though.
CHAIRMAN STRAIN: Well, I know how you got here, and I'm
just amazed, because I don't see the public safety and welfare problem
with this guest house and this guy's house that he bought that was
probably put up in the Seventies. I don't see why someone would have
had to bring it into anybody when there was no complaint obviously
from a neighbor.
I don't understand why we're wasting the community's time and
4,000 -- is it $4,000 of this gentleman's money to get here today, plus
cost for you? None of this makes any sense. And I'm just wondering
how we got here, and if there was a legitimate reason, other than
someone deciding they didn't particularly like this for some reason.
And also, I'm not sure the reason was valified (sic), because in
1968 we had a code that required a 1 0- foot separati on for guest
houses, not 20 feet. And we don't know if this house is in violation of
that code or not, because we don't even know when this house was
built because we don't have any records for it.
MR. F AGA: That's correct.
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CHAIRMAN STRAIN: Mr. Adelstein?
COMMISSIONER ADELSTEIN: Yeah, and I'm not sure it's a
guest house. I still think it's a garage. And in fact that's what they were
-- and in the article it stipulates that it looked like a garage that was
now turned into a --
CHAIRMAN STRAIN: Well, I think it goes back to the fact that
there's no complaint, there's no safety and welfare here, and I just wish
that this kind of stuff would stop. It would be different if it was -- I
know it's not your fault. You're here trying to get out of the mess.
MR. F AGA: Yes.
CHAIRMAN STRAIN: I'm sorry that you had to be brought
here for this.
MR. FAGA: Well, I appreciate your fair hearing, I've got to tell
you.
And I just point out too that there are six adjoining property
owners, and we have five letters of support and one -- no objection.
CHAIRMAN STRAIN: Okay. So I for one have no problem
with this.
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I have no problem myself. Do
we have to listen to staff before we make a motion for approval?
CHAIRMAN STRAIN: No, we don't have to listen to staff. I
don't think we're -- I mean, if we're in consensus here, I don't see why
this needs to ever come back to -- any of this kind of stuff ever needs
to come back here.
COMMISSIONER VIGLIOTTI: Then I would do so, I make the
motion for approval.
COMMISSIONER MURRAY: I'll second it.
CHAIRMAN STRAIN: I would like -- suggest we recommend a
refund of this gentleman's variance request fees.
COMMISSIONER VIGLIOTTI: I would like to add that to my
motion.
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COMMISSIONER ADELSTEIN: So moved.
CHAIRMAN STRAIN: Any discussion?
MR. SCHMITT: Can I put on the record, though, the refund
would have to be at the direction of the board and that it would have to
be reimbursed from the general fund.
CHAIRMAN STRAIN: I don't care where it's coming from.
MR. SCHMITT: Staff has provided the services, and I'm a fee
for service organization. I have to be paid for those, the services --
CHAIRMAN STRAIN: What services was staff asked to
provide?
MR. SCHMITT: The hours that staff provided for the executive
-- the hearing today, plus this has to go to the board.
CHAIRMAN STRAIN: Wait a minute, you missed my question.
What services was staff asked to provide by the applicant here today?
MR. BELLOWS: For the record, Ray Bellows.
The complaint was filed, it was investigated.
The structure technically doesn't meet the current code
requirements. Staff cannot ignore that until we have an LDC
amendment that vests some of these things. We had to spend our time,
and there's a fee involved. It has to be paid by some entity, whether it's
out of the general fund or whatever the board decides.
CHAIRMAN STRAIN: Mr. Vigliotti, then Mr. Kolflat, then I've
got a rebuttal to your statement.
COMMISSIONER VIGLIOTTI: Honestly, it makes no
difference. In my motion, I make a motion for approval, and we give
any money they've spent back. Does anyone second that?
COMMISSIONER MURRAY: I already seconded it.
CHAIRMAN STRAIN: It's been seconded. We're in the
discussion.
Mr. Kolflat?
COMMISSIONER KOLFLA T: Yes. Joe, don't you have an
account for cost of doing business that would be applicable to this?
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MR. SCHMITT: No, sir. It's a 100 percent fee for service
organization. The permitting and land use application fees pay for it.
The cost is passed off to other permit applicants or other applicants
who provide -- ask for services from the zoning staff that worked on
this. There is no general fund money to pay for this.
COMMISSIONER KOLFLA T: But at the last board --
MR. SCHMITT: We have to put this on the regular agenda,
present it to the board, the board would have to approve it and include
a budget amendment to reimburse for the cost of this -- include a
budget amendment as part of the permit appli -- or at least as part of
the proposal to reimburse the staff for the work that was provided.
COMMISSIONER KOLFLAT: But at the last Board of
Commissioners meeting you indicated that your division would be
able to support the variance costs associated with Olde Cypress. Now
why couldn't you do that for this?
MR. SCHMITT: I did that because ofthe issues involved with
the Olde Cypress and just made that recommendation to the board.
The board would have to direct that --
COMMISSIONER KOLFLAT: But you had a resource offunds
to support that.
MR. SCHMITT: No, sir, I do not. I absorbed that cost as part of
the other permit applicant's pay for that service. That cost will be
passed off to other permit applicants --
CHAIRMAN STRAIN: Mr. Klatzkow?
MR. SCHMITT: -- as a part of doing business.
MR. KLATZKOW: In the interest of trying to keep the
applicant's costs down, one approach would be that this board make
the motion as it stands with a motion of approval and recommendation
that the fees be waived. But this would go on summary.
At that point in time if the Kalvins wanted to come in on a
public petition and ask the board for a refund, they would have your
transcript where you would state everything you stated here, and they
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could ask the board and it wouldn't cost them anything.
CHAIRMAN STRAIN: What would a public petition cost?
MR. KLATZKOW: It doesn't. To get to public petition?
COMMISSIONER MURRAY: No charge.
MR. KLATZKOW: No charge.
CHAIRMAN STRAIN: Well, boy, someone's missing the boat
there then, huh?
Okay, so they could actually come in and ask for a refund under
a public petition and maybe get their $4,000 back. But our
recommendation would be that that happen.
MR. KLATZKOW: Yes, and they would have your transcript,
you know, in support of that.
CHAIRMAN STRAIN: Mr. Schiffer, did you have a comment?
COMMISSIONER SCHIFFER: Just a question. When the -- the
staff has lost the records, the staff can't prove that this wasn't built
with a permit, how come it's immediately assumed that it was built
without a permit?
MR. KLA TZKOW: You're assuming that stafflost the records.
The other possibility is that they just converted a garage into a guest
house and didn't tell the county about it, in which case there would be
no permits on record.
COMMISSIONER SCHIFFER: But they don't have records to
building the garage. In other words, why -- the point is that why is the
applicant always guilty? Why can't -- you know, there's two things
that could have happened here. Why do we always assume that the
building was built without a permit?
MR. KLA TZKOW: Well, what's going on here is that you have
the buildings here. And forget the permit issue for a second. These
buildings don't meet setback.
CHAIRMAN STRAIN: Well, no, we don't know that.
MR. KLATZKOW: But that was the issue that got us here.
CHAIRMAN STRAIN: You want to read the code at that time?
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MR. KLA TZKOW: I understand that. But that was the issue that
got us here.
COMMISSIONER SCHIFFER: But when they're doing the
research, why didn't they come up with the lO-foot requirement and
say this could have been built legally? Why do we assume that it's
built illegally right away?
MR. KLATZKOW: We have a process in our code enforcement
ordinance which gives the applicant the ability to come back and
argue these points. But the way our code's written, the burden's on the
applicant to do it.
COMMISSIONER SCHIFFER: So unlike the other foundation
of justice in this country, the applicant's guilty unless he can prove
himself innocent, even though the records are kept by the county?
MR. SCHMITT: Commissioner Schiffer, in your packet you
have the property record. The property record, any permit that it's
issued and notice to proceed and that is recorded in the property
appraiser's office, the property appraiser, the last entry shown in your
packet, is a date 1978. I would assume, and it does show the distance,
and it probably was when it was permitted as a garage.
What Mr. Klatzkow is basically saying is there's nothing -- so
the property records do not indicate that there was any permit. We're
not accusing anyone of doing work without a permit. What the
homeowner did is recognize there was a problem and is proceeding
with the process that I have to enforce, and that is for them to obtain
the -- have the inspections, have it approved under the criteria under
the Florida Building Code as far as the inspections, and then proceed
to correct any errors that may exist in the land use.
Now, if you want to change that, you can certainly make a
recommendation to the Board of County Commissioners.
COMMISSIONER SCHIFFER: But in other words, no way
could this house have ever been built legally and we just can't find the
records for it? Do you believe --
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November 15,2007
MR. SCHMITT: I didn't say that.
COMMISSIONER SCHIFFER: I know that. But do you believe
that there is a path that could have been done properly?
MR. SCHMITT: Certainly that could have happened. But there's
no indication of any permit being recorded on the property card. I
don't know -- you know, certainly at that time the records could be
mlssmg.
CHAIRMAN STRAIN: We've got a motion on the floor,
recommendation of approval, with -- including the stipulation of
refunding of the fees -- the county paid fees for the variance cost. Is
that correct, Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: And the second agrees with that?
COMMISSIONER MURRAY: Yes.
CHAIRMAN STRAIN: Second was Mr. Murray.
COMMISSIONER MURRAY: I have a question for the
chairman.
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER MURRAY: In the code from the period
1968, which I believe you had referenced, does it indicate that the
distance would be 10 feet?
CHAIRMAN STRAIN: I'll read it to you.
COMMISSIONER MURRAY: I think that's important to note.
CHAIRMAN STRAIN: Accessory structures shall be located at
least 10 feet from any other structure on the same lot.
Then it goes into other factors about accessory structures. And
when you go into the Estates section of this code, there is no separate
development standard for accessory structures. Therefore, it would fall
back on the general language. That is in Section 5.7 of the 1968 code,
revised in 1971.
COMMISSIONER MURRAY: So given Mr. Schiffer's--
Commissioner Schiffer's statements about it could be A or it could be
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B, I think that certainly is important for the document.
CHAIRMAN STRAIN: Well, I certainly support the motion. I
really wish that we hadn't gotten here with this particular case. I don't
see the need for it. It's different than ifthere was an obvious complaint
from citizens and there was a safety and welfare issue. This isn't that,
so I'm certainly in support of it.
Mr. Schiffer?
COMMISSIONER SCHIFFER: And one thing Joe said kind of
concerns me. So it's not over from here. They're going to have to
actually go get a building permit and get somebody to do a
constructive testing on the project to determine whether it was built
according?
MR. FAGA: Well, no, I think--
MR. SCHMITT: He's already been issued the permits for this.
He's already gone through inspection, my understanding. The only
issue here was a separation of the two structures, primarily. I believe
that was changed based on separation for fire. Between the two
structures.
CHAIRMAN STRAIN: Fire is no issue here, because we allow
PUD's consistently with 10 foot or less set back.
MR. SCHMITT: I understand. I have no idea what led to the
history as to why that separation between the structures was part of the
code. It was changed. I have no idea why. It was changed many, many
years ago.
COMMISSIONER SCHIFFER: I mean, a solution could have
been to build a 208- foot addition and connect the thing to the house
would solve it.
But you said, Joe, that it passed the building inspection and it
passed?
MR. SCHMITT: I believe it's gone through --
MR. F AGA: No, I'm not sure that. No, we don't have that. I don't
think we're that far down the road yet.
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November 15, 2007
CHAIRMAN STRAIN: Yeah, but you don't have any evidence
that it didn't already go through building inspection, so let's not even
go down that path.
MR. F AGA: I agree.
CHAIRMAN STRAIN: You shouldn't have to.
Mr. Kolflat?
COMMISSIONER KOLFLA T: Call for the question.
CHAIRMAN STRAIN: I'm fine with that.
All those in favor of the motion, signity by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
COMMISSIONER CARON: I'm imposed because of the fee
stipulation.
CHAIRMAN STRAIN: So now this fellow has -- comes off the
summary agenda and it's going to cost him more than ifhe just paid
the fee, because --
COMMISSIONER CARON: Well. Commissioner, absolutely.
CHAIRMAN STRAIN: Okay. Well, I'm not--
COMMISSIONER CARON: I think you should remove that
stipulation from the motion.
COMMISSIONER VIGLIOTTI: No, I will not.
COMMISSIONER SCHIFFER: Too late.
CHAIRMAN STRAIN: Too late. It's already voted on.
Motion carries 7-1.
MR. F AGA: Thank you.
CHAIRMAN STRAIN: Thank you, sir.
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COMMISSIONER SCHIFFER: Build the addition.
Item #8D
PETITION: CU-2007-AR-II977
CHAIRMAN STRAIN: Next item up for today is Petition
CU-2007-AR-II977, the Big Corkscrew Island Fire Control Rescue
District. It's for a fire station and administration building in Golden
Gate Estates.
All those wishing to testifY on behalf of this application, please
rise to be sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Okay, disclosures on the part of
Planning Commission.
(No response.)
CHAIRMAN STRAIN: I've had numerous conversations with
staff on the -- on this particular issue involving its ST criteria. And
that is an issue I would like to get resolved before we hear it, because
it may entertain a reprimand back to the EAC.
So with that in mind, we're first going to be talking to staff
involved with that issue. And Barbara or Nancy, whoever's going to
address that?
MS. GUNDLACH: Good morning, I'm Nancy Nancy Gundlach,
Principal Planner with Zoning and Land Development Review.
And to answer your questions about the ST, we have Barbara
Burgeson here this morning.
CHAIRMAN STRAIN: Okay. And in order to set the question,
Mr. Kolflat (sic) originally brought up an issue that ST's are required
to go before the EAC and have an EIS, and that this has an ST because
of a wellfield overlay. Staff has historically not exercised ST review
for this. Staff believes that such review is not necessary.
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I'm not necessarily in disagreement with staff, but I want the
record to be absolutely clear on this. I had asked staff for a waiver so
they wouldn't have to go to the EAC. The staff wasn't willing to do
that for various reasons, which I'm sure will be explained today. And
Mr. Kolflat's side of the issue we will want to hear too.
So Mr. Kolflat, do you want to start out?
MR. KLATZKOW: Are you referring to me?
CHAIRMAN STRAIN: Yes.
COMMISSIONER MURRAY: Klatzkow.
CHAIRMAN STRAIN: Klatzkow, I'm sorry. I'm stilI--
COMMISSIONER KOLFLAT: You scared the hell out of me.
CHAIRMAN STRAIN: I'm sorry, you guys. Oh, boy, it's been
along morning already.
MR. KLATZKOW: Thank you.
CHAIRMAN STRAIN: Jeff, I'm sorry.
MR. KLATZKOW: No, it's fine, it's fine.
Under the Land Development Code, 8.06.03.0, it specifies that
the EAC shall review all land development petitions that deal with a
special treatment overlay for zoning.
As you can see on the viewer, this has been special
treatment/W -4 signified species of special treatment area with a
wellfield.
The LDC further provides that at staff discretion, if they don't
believe it is warranted, that they can waive the requirement to go
before the EAC on this.
And I would like to see that done, just to remove the issue from
this particular petition. My concern isn't that this is an
environmentally sensitive area so much as if we go through the entire
process someone could challenge this down the road saying it should
have gone to the EAC and it didn't.
And so my feeling is to head that argument off at the pass, all
right, to -- that either go to the EAC or staff waive the requirement,
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one or the other.
CHAIRMAN STRAIN: Is there another -- is there any other
legal option in your mind? I've had staff suggest that we could get an
official interpretation. Is that -- does that change anything?
MR. KLA TZKOW: The way I read this is clear as a bell. I
mean, it says what it says. Any ST overlay has to go to the EAC,
unless staff waives it. And I understand staffs position, and I don't
disagree with staffs position, but if that's the position, amend the LDC
to get rid of this issue, all right, or just waive it. Or send it to the EAC.
But it's an outstanding issue that's out there that could delay this
thing for God knows how much time if somebody out there wants to
raise this as an issue.
CHAIRMAN STRAIN: And Ms. Burgeson, I know you're here
to speak on behalf of your department, but the e-mails that I had trying
to get staff to rectifY the situation with Bill Lorenz, is there a reason he
didn't feel this was important enough to be here today to discuss?
MS. BURGESON: Probably because he is running the
environmental and engineering department. And that I was also -~ I
was involved with this from the very beginning on the committee that
created the groundwater -- the well protection ordinance back in '92
with Bill, so he felt that I was at least as capable as he is, and have
been involved in the ST reviews in a more detailed manner than Bill
has. So --
CHAIRMAN STRAIN: Well, just so you know that--
MS. BURGESON: It's not that he didn't feel that this wasn't
important enough for him but that I could handle this, or provide
responses for you.
CHAIRMAN STRAIN: Two things: Number one, because he's
in charge of environmental and engineering is no excuse. Mr.
Casalanguida can stay here, and I'm sure he's equally if not more busy
than Mr. Lorenz is.
And number two, I wasn't saying you weren't equally qualified.
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The problem is that most of the correspondence that's been going on
with this or e-mails have been with Mr. Lorenz. That's why I was
concerned.
And Mr. Schmitt, you had a comment?
MR. SCHMITT: Yes. You were the only one that raised this
issue. We responded. The zoning director made an interpretation. We
provided that interpretation to you. I don't think we did to any other of
the commissioners.
I respect certainly the county attorney's opinion, but it's a legal
opinion. The zoning director has the authority to render a decision. If
somebody wants to challenge that, fine. But that decision was
rendered, it was provided.
We do not believe that the ST was applicable in this case. If you
do, I would recommend that you remand it back to the EAC.
MS. BURGESON: I think I could -- maybe it would help -- for
the record, Barbara Burgeson with Engineering and Environmental
Services.
This is a multi-level issue, and it's very complicated, so I'll
attempt to simplity it.
The Groundwater Protection Ordinance, which was originally
created or created in 1992 identified that the areas that they culled out
as special treatment ST with a recharge -- groundwater recharge
protection moniker, and it was not wellfield moniker, I think it's like
NAR. I don't have that in front of me right now. I printed e-mails, but
I don't have them with me.
That Groundwater Protection Ordinance as it was created
identified that the wellfield protection zones should be mapped. And
in the LDC and in the ordinance that identifies the necessity for
mapping those overlays, they identifY that those overlays are to be
mapped as W-l, W-2, W-3 and W-4, not with an ST designation in
front of them.
So as the ordinance and the Land Development Code identifies
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the need for these overlays and the designation for these overlays, they
were not identified to be mapped specifically with that ST overlay.
However, when they went to graphics for mapping, because they
were discussed as sensitive treatment areas or special treatment areas,
they mapped them that way. It was not the obligation of the original
ordinance to map them as ST's. So I'll just give you that as background
from 1992.
Now, moving forward to what the code requires right now, it
requires that if you have any -- if we look at those areas as intended to
be mapped as ST, the code requires that any property with an ST
overlay is obligated to do an EIS.
And any property -- there are exceptions to having to do that.
But the exceptions apply only to limited impacts by single-family
homes and other extremely limited impacts such as not having any
impacts to the native vegetation flora and fauna, or to the grading of
the property or to changing the stormwater, or not developing is
basically the criteria.
So an ST would require an EIS. And this particular project or
any SDP that you see wouldn't qualifY to be -- to get a waiver of the
EIS. We would not be able to grant an administrative ST.
So step forward to then the EAC section of the code. The EAC
section of the code requires that any project that is required to do an
EIS has to go to the EAC.
Now, there's a section at the end of the EAC ordinance that
identifies when you can be -- when you can not get a waiver from staff
but when it can be waived that you don't have to attend an EAC
meeting. You can be required to do the EIS and not have to go to the
EAC public hearing.
But the specific criteria in that says that under the ST -- if you
are required to do an EIS or have ST overlay, that you've been granted
an administrative approval. And impacting an entire parcel with an ST
overlay would never allow staff to administratively approve that, and
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so therefore they would have to do the EIS, they would have to go to
the EAC because they don't quality for a waiver of the ST or the EIS
or the EAC hearing.
Now, I think maybe one way -- so we don't have the ability to
waive anything. But I do believe that because of the way the original
ordinance was written and the fact that the LDC has very specific
criteria for the W-l, W-2, W-3 and W-4 zones, and we apply all of
that administratively, that it may simply be that those areas that --
there wasn't an intent through any of the process of creating that
ordinance in '92 to limit the development to prevent development.
As you can see, if you read through that ordinance, they talk
about gas stations, they talk about other uses in W-4 or W-3 that if you
believed that we intended to not allow development, 90 percent of that
ordinance would be just a moot point.
So I think that we could probably clarifY it by amending the
zoning maps to remove that ST overlay, which I believe if we went
through everything you'd find that it was never intended to be mapped
as an ST.
CHAIRMAN STRAIN: Mr. Klatzkow, a minute ago you looked
like you were anxious to say something.
MR. KLA TZKOW: No, I just -- what I don't understand is that
staffs taking the position that it was never intended that this type of
special treatment be a special treatment, that it's just a wellfield. So
I'mjust asking staff to say that since it was never intended that this go
to the EAC, okay, staff believes that any requirement should be
waived. You're saying you can't waive it because it doesn't --
MS. BURGESON: We are -- staff--
MR. KLA TZKOW: I don't want to have your arguments before
a court is my problem. I understand your arguments, but --
MS. BURGESON: Staff is --
MR. KLATZKOW: -- the only way I can get around this is if
you waive it.
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CHAIRMAN STRAIN: Barbara, and let him finish speaking
before you continue, okay?
Go ahead, but just you guys can't be going at the same time, it
doesn't work.
MS. BURGESON: Staffs position is that this property with the
wellfield overlay does not require or is not -- under the criteria does
not fall under the criteria of that separate section of the LDC that
addresses ACSC and ST criteria and restrictions. We do not -- staff
does not feel that this -- that the wellfield overlays fall under that
criteria.
However -- and that's the zoning director found -- concurred
with that direction or staffs position on that.
However, if we are told that we have to apply that and consider
that as ST, we have no ability to waive any ST review or EIS or EAC
hearing.
CHAIRMAN STRAIN: Why?
MS. BURGESON: We don't believe that -- because the -- as I
said, the only way to quality for any waiver, if the ST is considered to
fall under that criteria, which we don't believe it does, we do not
believe that --
CHAIRMAN STRAIN: Barbara, you've said that real clear
many times. But let's go back. You don't believe you can issue a
waiver. There are four requirements for waivers. Which one of those
don't you believe quality this situation for a waiver?
MS. BURGESON: If you look at the ST, the fact that it says
lands with --
CHAIRMAN STRAIN: I have it right in front of me, so--
MS. BURGESON: Lands with special treatment or area of
critical state concern overlays -- this is the EAC hearings -- or any
petition which the environmental staff cannot be resolved between --
this is not -- this section you've got in front of here is not the section
that talks about -- hold on just a second.
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CHAIRMAN STRAIN: Let me read something to you. At the
end of the EAC section it says the following: Any petitioner may
request a waiver to --
MS. BURGESON: That's what--
CHAIRMAN STRAIN: -- the EAC hearing requirement when
the following considerations are met.
MS. BURGESON: Yes.
CHAIRMAN STRAIN: No protected species or wetland impacts
are identified on-site, an EIS waiver has been administratively
granted, an ST zoning is present, and an administrative approval has
been granted --
MS. BURGESON: That's the significant --
CHAIRMAN STRAIN: -- or an EIS has previously been
completed and reviewed by staff.
MS. BURGESON: Right. That's the section. We cannot
administratively grant the ST permit. We cannot administratively
grant that section of the ST. And the EIS section that you read there,
because the ST would be required to do an EIS, we could not have
done an administrative waiver of the EIS.
CHAIRMAN STRAIN: It says right here you can. An EIS
waiver has been administratively granted. Why couldn't you grant
one?
MS. BURGESON: Well, we can't because it's got an ST. And if
you look at the ST section, we are precluded. There's an EIS section,
there's an ST section and there's the EAC section.
CHAIRMAN STRAIN: Okay, so you can administratively grant
in certain conditions a waiver to the EIS, and if ST zoning is present
you can administratively grant a waiver to that too. But yet now you're
telling us you can't administratively grant a waiver to an ST area that's
required to have an EIS?
MS. BURGESON: We cannot -- we can only grant the ability
for the applicants to not go to the EAC if we could issue an ST -- if we
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could administratively issue that ST permit. Ifwe could have
determined that that ST could have been issued administratively. But
if the entire property is covered by ST, we couldn't even have
approved that site plan.
CHAIRMAN STRAIN: Barbara, Ijust don't understand how
you're getting there. I'm not -- I don't need to hear -- you know, you
could say the same thing over and over again and I probably don't --
for some reason I'm just not recognizing it or understanding it here
today. Maybe it's -- I even got his name mixed up earlier, so who
knows where I'm going today.
MR. KLA TZKOW: Barbara, is an EIS required here? In this
application --
MS. BURGESON: Staffs application of the code and the
freestanding ordinances, we determined that an EIS was not applicable
because --
MR. KLATZKOW: All right, so then you waived--
MS. BURGESON: -- it was not an ST--
MR. KLATZKOW: So you waived any requirement--
MS. BURGESON: -- requirement.
MR. KLA TZKOW: -- that there be an EIS.
MS. BURGESON: Well, we don't waive -- we don't provide a
waiver anymore. We took that out of the Land Development Code
years ago.
MR. KLATZKOW: It's right there. It's number two.
MS. BURGESON: That's a waiver to having to go to the board
hearing. That you can waive -- you can waive the EIS --
MR. KLATZKOW: You're not requiring an EIS in this case.
MS. BURGESON: We are not requiring the EIS--
MR. KLATZKOW: So you're waiving it.
MS. BURGESON: No, there is not a--
MR. KLATZKOW: If you're not requiring -- what's the
difference between not requiring an EIS and waiving an EIS?
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MS. BURGESON: Because the code used to require an EIS
waiver. The Land Development Code had a very specific paragraph in
it years ago that required that the -- staff issued an EIS waiver. It was
criteria for that, we went through a review and the criteria required us
to waive that.
A couple of years ago we changed the Land Development Code
so staff would not make that determination. And staff does not waive
an EIS. It's up to the applicant to go through the review criteria and the
process, and if they quality for a waiver they do not have to submit
one.
But staff does not issue a waiver or waive an EIS. It's the
applicant's application of the code and the requirement to do that.
What we are able to do is waive their requirement to go to the
EAC. If they're required to do an EIS, staff can waive the requirement
to go to the EAC. But not this project if you have to find that that ST
is in fact the ACSC ST/ST type and which requires that other criteria.
But we did not determine that that was the case. We did not
determine that this weUfield protection overlay required or fell under
that criteria.
CHAIRMAN STRAIN: And you know what? You're probably
right. And that's why on the check-off list it says environmental
impact EIS and digital electronic copy of EIS or exemption justified.
And it says not required. So that means you provided them with an
exemption to an EIS. Waiver, exemption, whatever. They didn't have
to do an EIS.
Now we're simply saying is since they didn't have to do an EIS,
they qualify for the waiver of the EAC hearing. They requested one
from you. And you're saying you don't believe they have to go to the
EAC hearing, not because you don't want to supply a waiver, you
don't feel you have to supply a waiver because they shouldn't be going
there in the first place. So what --
MS. BURGESON: No, no, no, that's not exactly what I'm
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saying. What I'm saying is that in staffs review of this project we did
not determine that this was an ST, special treatment, overlay. We did
not review this project under the ST criteria, which would have
limited this site to such minimal impacts diminimous that this project
would have been denied just upon the application of the ST criteria.
We did not do that.
But we have been asked to look at how we could waive the EAC
hearing. And if we're being told that this is an ST and we should have
applied the ST criteria, we have no ability -- there isn't an ability to
waive an EIS, and there isn't an ability to waive the criteria. However,
if staff is given the discretion to say because we do not feel and do not
interpret that this is the same ST overlay that would require an EIS,
then we could waive that this doesn't have to go to the EAC. But we
wouldn't need to do that, because it wouldn't even need an EIS. So
there would be no staff involvement in it at all.
CHAIRMAN STRAIN: You know, this double talk and talking
in circles. I know you're not trying to do that, but that certainly
appears to be that way.
I'm going to ask the other board members. First of all, staff is not
willing to say this shouldn't go back to the EIS. Your grounds --
instead of just saying that, you're saying we shouldn't even be asking
you the question in the first place.
You know, you can go into those points all along. I simply asked
you two weeks ago, if the applicant requested a waiver, grant it, yes or
no. And you came back with -- not you, but Bill came back with a
long e-mail saying all the reasons why he couldn't. That's fine. Bottom
line is you don't think it should go to the EAC, but you won't say that.
You won't grant the waiver that (sic) the EAC for technical reasons.
So that's up to this board to decide what to do.
What would the members of this panel like? Mr. Murray?
MS. BURGESON: I did just say that I don't believe it should go
to the EAC.
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161
CHAIRMAN STRAIN: Okay, so you're granting a waiver?
MS. BURGESON: Because it doesn't require an EIS under
staffs application of the code.
CHAIRMAN STRAIN: Mr. Klatzkow, does that suffice as a
waiver from staff in regards to the EAC hearing?
MR. KLATZKOW: I don't know what that is. I'm not trying to
be --
MS. BURGESON: Staff never held that this needed an EIS.
MR. KLATZKOW: I'm not trying to be funny, I'm not trying to
be hard. I'm trying to save the applicant from a needless legal expense
if somebody challenges this, and there are only two ways in my mind
to do this: Take this to the EAC and be done with it, although I don't
want to have to put the applicant through the cost of an EIS, or simply
have staff say on the record that we don't believe that this qualifies --
you know, we don't believe this is intended to have gone to the EIS
and therefore we waive it.
CHAIRMAN STRAIN: Barbara, are you willing to state that on
the record? No conditions, his statement. He's our legal counsel, we
have to listen to him.
So you heard what he said. Are you willing to grant -- do you
believe it should have gone to the EIS or not, and do you grant a
waiver if not?
MS. BURGESON: Our application of the code, we do not
believe that this project required an EIS in the first place, and
therefore our application of the code would never have required them
to go to the EAC.
MR. SCHMITT: I will --
CHAIRMAN STRAIN: Mr. Schmitt?
MR. SCHMITT: I will put on the record, if you want that what
she just seed to be deemed a waiver, than you can put my name down
and I'll say it as that based on the opinion of both the engineering and
environmental services director and the opinion of the zoning director,
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November 15, 2007
the ST doesn't apply. If you want to deem that to be a waiver, then so
be it, it's a waiver.
Now, the issue there is that based on that you're telling me now
that that has to be applied to every single-family home in the Estates
that comes in for a building permit, we have to grant a waiver because
they're impacting the well field zones. That's the way I would interpret
what you've just directed, because you're going to want a waiver so
every time that we issue a permit for probably 14,000 lots out in these
wellfields, which are never applied and don't require ST waivers, I'm
hearing that you now believe that they do require an ST waiver. That's
what I heard from the county attorney. And if that's the case, we will
have to I guess apply that accordingly.
CHAIRMAN STRAIN: Well, Mr. Schmitt, I know that just like
you have -- not you, but just like the county does in other projects,
they try to make the issue into a monumental issue so that it becomes
harder to resolve. I don't think anybody here wants to see
single-family homes have to go through this.
I think the process was rather simple and straightforward. If it
doesn't qualifY for EAC review, all staff simply had to do was waive
that, as we believe they had the right to do. So I don't think we're
saying that everything should be qualified ST out there and have to go
through this. I think we're saying that from our reading of the code
you have the right to waive these, simply do that. And then the
record's clean and it goes forward.
Mr. Klatzkow, is that a fair assessment?
MR. KLATZKOW: Yes.
CHAIRMAN STRAIN: Is there anything that you see now as
problematic in regards to that, Mr. Schmitt? Is that going to change
life for the citizens of Golden Gate Estates?
MR. SCHMITT: Other than the fact that based on what I heard
the county attorney opine from an application -- I mean, granted, I'm
going to have to look at this to amend the code. But right now at least
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there's precedence being established that it is in fact ST and somehow
we'll have to establish a process to grant a waiver for every one of the
applications that come in.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: The manner in which it was
dealt with by -- I can't remember your name.
MS. BURGESON: Barbara.
COMMISSIONER MURRAY: Barbara, thank you. I apologize.
It's frustrating here.
The truth is, it's a de facto waiver by virtue of the process that
was applied, the thinking process, and how to go about it and what
your conclusions were.
So as I understand it, Mr. Klatzkow is trying to help all the
parties by making certain that we simply either say it's yes or say it's
no or say it's good or say it's bad. But just simply carrying out the
actions based on predicates doesn't get anybody anywhere.
But now what we're getting is a sledgehammer is what you're
inciting basically because what you're saying is we're going to
penalize everybody now. I mean --
MR. SCHMITT: I'm not going to penalize everyone. I am just
basing on the precedence that is established as far as the application of
the ST designation on the zoning map. If there's a waiver required,
based on the decision, based on the pre-ap. notes, based on the
correspondence that has transpired between myself and Mr. Strain and
between myself and Bill Lorenz and Ms. Istenes, we believe that there
was no waiver required. If you want to deem that to be there's a
waiver, I'll state so on the record.
The problem now becomes it is ST on the zoning map, and now
I'll have to determine whether or not it should be applicable to
everybody within that -- those four footprints as noted on the zoning
map.
COMMISSIONER MURRAY: Well, I submit that what was a
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de facto waiver simply by the virtue of the manner in which you went
about your decision process, and had the subject not been raised
everything would have been quiet. But I think it needs to be qualified,
I think we do need to get the thing taken care of, and I would only
hope that whomever comes in the time frame that it takes to get this
LDC modification or wherever it's going to reside, I hope we don't hit
too many people with a lot of extra cost.
CHAIRMAN STRAIN: Mr. Murray, just so the record's clear,
the raising of this issue was brought to me by Mr. Klatzkow in
correspondence, so I was following through with that kind of request,
as I think it's our job to do so.
COMMISSIONER MURRAY: Did you interpret me to say
something negative about this?
CHAIRMAN STRAIN: No, no. I was just --
COMMISSIONER MURRAY: Oh, because I actually think this
is a good thing to come up so that we do get these things resolved.
CHAIRMAN STRAIN: Ms. Caron, then Mr. Klatzkow.
COMMISSIONER CARON: How long will it take us to get the
maps corrected?
MR. SCHMITT: This would have to be part of the -- probably
the spring cycle '08 LDC amendment process. We're just laying out
those dates now. It will probably be sometime in September or early
October before it gets to the Board of County Commissioners.
CHAIRMAN STRAIN: Why couldn't you do it on the 28th?
MR. SCHMITT: Because the cycle has already started.
CHAIRMAN STRAIN: Wait a minute, we just had a noise
ordinance come through months after the cycle was already into it and
we accepted that. That went in through -- that started to go through the
process.
So this is just a matter of an LDC note saying the ST reference
on the zoning maps will be changed, as it's directed you can do right
here in Section 2.03.07.
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MR. KLATZKOW: Isn't it a scrivener's error? Is that what I'm
hearing, that this never should have been?
MR. SCHMITT: What was deemed -- these were ST, they were
identified as ST, but not as a special treatment. They were identified
on the zoning map to delineate and identity the wellfield protection
zones.
MR. KLATZKOW: Well, you can put W-4 there too to delineate
it.
MR. SCHMITT: That's on there now.
MR. KLATZKOW: Okay. But what I'm saying is that -- what
I'm hearing from Barbara is that this was a scrivener's error, that it
should never have been on the zoning maps as ST. You know, how
much discussion do we need for DSAC and everybody else? This is
just a scrivener's error, that's all this is.
MR. SCHMITT: Yeah. I mean, I've got to meet the advertising
requirements, I've got to meet all of those as far as including it in this
cycle. I can include it in a special cycle that I'm going to ask of the
board for one item. I'll include it in that special cycle. So it will be
probably the February time frame by the time it gets to the board.
CHAIRMAN STRAIN: Have you advertised for our 28th
meeting already?
MR. SCHMITT: I do not know.
CHAIRMAN STRAIN: I don't remember seeing it. The 28th is
more than 10 days away. Why don't you just add it to the
advertisement for the 28th and let's do a can-do thing here and just get
it done.
MR. SCHMITT: I'll look at that. I have been challenged in the
past for including things in the LDC cycle once the cycle started. So I
will look at that or I will include it in an amendment in the special
cycle I'm asking of the board --
CHAIRMAN STRAIN: Okay, Ms. Caron?
MR. SCHMITT: -- for another item.
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CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, I would think since it's
pretty much been determined that it is just a scrivener's error, that that
would be a pretty simple thing to include, Mr. Schmitt.
Ifwe run into any errors, you know, any problems, you can
bring it up on the 28th. But I would certainly try to include it, if what
this amounts to is really just a scrivener's error, that ST's shouldn't
have been put on these wellfields sites, then let's try to make it as
simple for everybody as possible. I don't think you're going to get
huge outcry from the public in any sector.
CHAIRMAN STRAIN: Well, I think we ought to go a little bit
further, this board make the direction that staff include the scrivener's
error correction to the ST overlay on the wellfield areas for the
meeting on the 28th in the LDC cycle. And I think it's at our -- part of
our rights to be able to request staff to do that, changes to the LDC.
That's what this panel is supposed to be about.
Anybody have any problem with that?
COMMISSIONER MURRAY: You want that in the form of a
motion?
CHAIRMAN STRAIN: I think so.
COMMISSIONER MURRAY: In may use the record to reflect
the statements just made by our chairman, I would make that motion.
CHAIRMAN STRAIN: Is there a second?
COMMISSIONER ADELSTEIN: I'll second the motion.
CHAIRMAN STRAIN: Okay, any discussion?
MR. SCHMITT: Can I put a provision on that?
CHAIRMAN STRAIN: Sure.
MR. SCHMITT: Provided we can meet the advertisement. I
know you say 14 days, but I have to have the advertisement. And I
believe the advertisement probably went today to the clerk's office for
the advertisement on this. So it's going to be contingent on whether we
can meet the advertisement requirement.
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CHAIRMAN STRAIN: Okay, just so you recall, we had a
discussion on advertisements with Mr. Weeks I believe it was a couple
of weeks ago, and he was one day or two days away from having the
advertisement in there. When I got an e-mail from him, he was one
day late. So you might still be within the time frame to change the
advertisement.
MR. SCHMITT: We tried to stop that one and I couldn't. And
that was advertised in the paper. Even though we were within the time
frame, they still published that advertisement, so it depends on
whether we can get this advertised.
CHAIRMAN STRAIN: Subject to the advertisement then. Is
that acceptable to the motion maker?
COMMISSIONER MURRAY: That's fine. That's reasonable.
CHAIRMAN STRAIN: All those in favor, signity 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: Opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries.
Now we'll finally get on with the case in hand. We are going to
take a break at lunchtime for an hour, so let's see how far we can go
with it.
MR. DUANE: Good morning. For the record, my name is
Robert Duane. I have here with me some members of my team. I have
Jerry Neal from Hole-Montes and Associates; I have Rita Greenberg,
the fire chief for the Big Corkscrew Fire Station; I have Noel
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November 15, 2007
Hernandez, the landscape -- or the project architect; and myself,
Robert Duane, from Hole-Montes and Associates.
Staff is recommending approval. I'm not sure that we have any
issues, at least that I need to fend off at this point. If it's your pleasure,
Mr. Chairman, I can walk you through the site plan in a minute or two,
if you think that's helpful to you and other members of the board.
CHAIRMAN STRAIN: Bob, I read, so I certainly have read the
site plan. If anybody else needs any further attention on it. We may
have some questions from --
MR. DUANE: That would be just fine.
CHAIRMAN STRAIN: That's at the -- you want us to go right
into questions then at this point?
MR. DUANE: Sure, that would be just fine.
CHAIRMAN STRAIN: Are there questions from members of
the Planning Commission?
Mr. Schiffer?
COMMISSIONER SCHIFFER: Bob, and I guess one is -- and
I'm sure since it's the fire department's project that they've checked it.
But in the back ofthe site there's a storage tank.
MR. DUANE: That is correct.
COMMISSIONER SCHIFFER: Do they have the proper ability
to do the turnaround and stuff like that back there? I mean --
MR. DUANE: The fire department has reviewed the petition.
COMMISSIONER SCHIFFER: And this is -- they can move
their tanker in and out of there without a problem?
MR. DUANE: Based on the review level.
COMMISSIONER SCHIFFER: The other question is does the
gravel road that leads to that, and it also leads to the east, where is it
going from there?
MR. NEAL: If I may, Jerry Neal with Hole-Montes.
The fire trucks themselves won't be going to the tank. There is --
the tank has a storage area for the sprinkler system. And also there
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would be a line from the tank to the building with a hydrant that they'll
be tying into. That tank is nothing other than a reservoir or a storage
area, just the same as a major water line.
The other question is that under the present -- the property to the
east of us is a big farm field. But that will be and is part of the town of
Big Cypress. And so for right now there is no need for actual access,
but we are putting a gravel road to the farm field, because at some
time there will be a start of the town of Big Cypress, and one ofthe
access points will be by the paved roads which would be another two
blocks north of us.
But this is just more or less an emergency access to the area,
which the development will start sometime in the future.
If it's determined that this station is going to be in the far future,
part of the overall fire protection of the town, then that section of the
road will be paved. But that's a few years off.
COMMISSIONER SCHIFFER: Okay. The other question is you
have a building height sketch. Is there a -- and I'm kind of concerned,
would the actual height start causing a problem for you? Your finished
floor of your building is about three feet above the --
MR. DUANE: Our zoned height is shown on the site plan as 34
feet. And the tippy-top of the roofI think was 34 feet point nine
inches. And we have a sketch of the elevation that's shown on the site
plan.
And it's also depicted on that graphic representation there. And
again, I have Noel Hernandez here from Gora McGahey who's also an
architect, if you have some --
COMMISSIONER SCHIFFER: So you've worked it out and
you're comfortable that that would never pinch your roof height?
MR. DUANE: That is correct. Well, maintaining the 30-foot
height limitation within the Estates zoning district, as zoned.
COMMISSIONER SCHIFFER: And Bob, the reason we came
up with an actual definition is to get rid of the word tippy-top, so --
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November 15, 2007
MR. DUANE: Okay, actual.
COMMISSIONER SCHIFFER: You can't use that anymore.
MR. DUANE: It's actual height.
COMMISSIONER SCHIFFER: All right, thank you, I'm done.
MR. DUANE: You're welcome.
COMMISSIONER CARON: Any other questions?
CHAIRMAN STRAIN: Well, I happen to have some.
On your site plan, Bob, you have a dry detention basin up
against the proposed preserve area. And then you show some what
looks like rip-rap -- it is rip-rap structural buffer to the conservation
easement line. I thought there was a minimum lO-foot setback for
disturbance of uplands in regards to or areas adjacent to preserves.
MR. NEAL: We have submitted an application to South Florida
Water Management District for the site wetlands and also for the
preserve and for the water management.
When you have a structural buffer, then the preserve can go to
the toe of the structural buffer. And they use the term structural buffer
in the ERP state rules.
And also under the Collier County -- yes, there is a section that
talks about if you are a wetland that you should be a -- you can be a 10
foot unless you can prove that it will be not a detriment to the
preserve, which we are proving by the fact that this has already been
approved by South Florida Water Management District and we're
waiting any day for the actual permit to be issued.
CHAIRMAN STRAIN: I understand that part of it. But in doing
some research on another project, I found some language in Section
10.02.04, Item B, final plat requirements, number one, protected
preserve areas and easement. I'm going to read it to you and just tell
me why it doesn't apply, and then that's fine, if you have a reason for
that.
I'm going to skip the first sentence because it just defines what
the preserve is. But it says, any buildable lot or parcel, subject to or
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abutting a protected preserve area required to be designated on a
preliminary and final subdivision plats, or only on a subdivision plat,
if the applicant chooses not to submit the optional preliminary
subdivision plat, shall the minimum 25- foot setback from the
boundary of such protected preserve area in which no principal
structure may be constructed.
I did check and you do fit that. Then it says further, the
preliminary and final subdivision plats are only on the final
subdivision plat if the applicant chooses not to submit the optional
preliminary subdivision plat shall require that no alteration, including
accessory structures, fill placement, grading, plant alteration or
removal of similar -- or similar activity shall be permitted within such
setback area without the prior written consent of the county manager
or his designee, provided in no event shall these activities be permitted
in such setback area within 10 feet of the protected preserve area
boundary.
And I'm just trying to wonder why -- how does that not apply to
this?
MR. NEAL: The particular section that you're under, you're
reading for platting, and we're not platting. And so we're under the
other section that deals with the environmental. And under that section
it states that if the applicant has the ability to show that it does not,
then we do not have to do the 10 feet.
And our method of showing it does not is the fact that the review
for the environmental is done by the state and the state has already
said that it expects us to have it at the toe.
CHAIRMAN STRAIN: And had this language been available at
the time of the platting of this subdivision, which was decades ago,
then that language would have been more applicable?
MR. NEAL: Yes.
CHAIRMAN STRAIN: Okay. Under your EIS that was -- I
guess it's not an EIS now that we didn't have one provided. It's a Fox
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Squirrel Management Plan. And I don't -- there's not even page
numbers. But under upland buffers it says, all wetlands proposed to be
preserved are within an upland preserve.
How does a wetland that's proposed to be preserved be within an
upland preserve? Is it?
MR. DUANE: Well, we have a 1.2 -- perhaps that's not correctly
stated. We have a 1.82-acre wetland preserve and we have about
two-tenths of an acre of an upland preserve that wraps around that
wetland preserve.
And you're correct, even though there were no endangered
species identified on the site, we were required to prepare an
endangered species plan for the Fox Squirrel.
I have Marco Espinar here who was the author of that report. If
you some more detailed questions to ask about the management plan,
he could address those.
CHAIRMAN STRAIN: No, the report was fine. I didn't have--
other than that discrepancy, I wanted to understand what that was.
And that's all the questions I have right now.
Anybody else have any further?
(No response.)
CHAIRMAN STRAIN: Okay, is there a staff report?
MS. GUNDLACH: For the record, I'm Nancy Gundlach,
principal planner with zoning and land development review.
And Commissioners, this petition is consistent with the Growth
Management Plan. It's consistent with the transportation element
policies 5.1 and 5.2. It's consistent with conservation and coastal
management element, Policy 3.11. And also, it's consistent with our
Future Land Use Element. And this is part of the Golden Gate Area
Master Plan.
And one of our conditions for approval has to do with Golden
Gate Area Master Plan Policy 5.11, which requires that site lighting be
placed when the site is developed so that it minimizes glare onto
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adjacent properties.
So our recommendation for approval includes that, as well as a
condition that this conditional use is limited to what is shown on the
conceptual master plan, dated January, 2007, prepared by
Hole-Montes.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Morning, Nancy.
MS. GUNDLACH: Good morning.
COMMISSIONER MURRAY: Page 5 of lOon your report.
MS. GUNDLACH: Yes.
COMMISSIONER MURRAY: And toward the bottom, close to
the bottom, it says, the above policy needs to be included as a
condition of approval within the conditional use resolution. I imagine
you made that statement just to make high emphasis, correct? Because
we are obliged to conform to the policies, are we not?
MS. GUNDLACH: Correct.
COMMISSIONER MURRAY: So that's only to create emphasis
for us; is that right?
MS. GUNDLACH: Yes.
COMMISSIONER MURRAY: Thank you, that was it.
CHAIRMAN STRAIN: Any other questions of staff?
(No response.)
CHAIRMAN STRAIN: Okay, hearing none, we're on a roll.
Ray, do we have any public speakers?
MR. BELLOWS: No one has registered.
CHAIRMAN STRAIN: Well, that's good. No one to upset the
apple cart, huh?
Okay, is there a recommendation on this particular item?
Mr. Schiffer?
COMMISSIONER SCHIFFER: I'll move to forward the
conditional use CU-2007-AR-11977 with a recommendation of
approval.
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COMMISSIONER ADELSTEIN: I'll second that motion.
CHAIRMAN STRAIN: Are those subject to staff
recommendations?
COMMISSIONER SCHIFFER: Of course.
CHAIRMAN STRAIN: Mr. Second, does that agree with you?
COMMISSIONER ADELSTEIN : Yes.
CHAIRMAN STRAIN: Motion maker Mr. Schiffer and Mr.
Adelstein accepted the staff recommendations as a stipulation of their
motion.
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 CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 8-0.
Now, we have a half an hour before we would normally break
for lunch. We have a two-step process in the next double hearing, Item
H and Item E. I don't know how long they'll take, but I call this board.
Do you want to get into these and stay with them until we're finished,
or do you want to take an early lunch and come back at 12:30?
COMMISSIONER SCHIFFER: Early lunch.
CHAIRMAN STRAIN: Early lunch?
COMMISSIONER MURRAY: Yeah, I think this is going to
possibly get involved.
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MR. ANDERSON: Could I -- Mr. Chairman, there are some
public speakers here who cannot come back this afternoon. Would it
be possible to hear them now?
CHAIRMAN STRAIN: Yes, that will be fine.
MR. ANDERSON: Thank you very much.
CHAIRMAN STRAIN: Thank you.
Ray, would you call the public speakers?
MR. BELLOWS: I only have one that registered. Sam Smart?
MR. SMART: There's no problem with me coming back after
lunch.
CHAIRMAN STRAIN: By the way, on the last motion that we
had, will everybody please pass their conditional use forms to the
secretary.
And I'm sorry, I just missed what was just happening, Ray.
MR. BELLOWS: Sam Smart is the only registered speaker and
he indicated that he can come back after lunch.
CHAIRMAN STRAIN: Thank you, Mr. Smart, we appreciate
your cooperation.
He's the only registered speaker?
MR. BELLOWS: Only one so far.
CHAIRMAN STRAIN: Okay, with that we'll adjourn till 12:30
and be back here to finish up this afternoon. We're not adjourning,
we're continuing to 12:30.
(Luncheon recess.)
CHAIRMAN STRAIN: Welcome back from our lunch,
everyone. We're going to resume the meeting. It's 12:30.
Item #8H
PETITION: CPSS-2007-1 - COMPREHENSIVE PLANNING
DEPARTMENT 2007 SMALL SCALE AMENDMENT
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The next two items will be heard together. We'll take a vote on
each one separately. When we do vote, Item H needs to be voted on
prior to Item E. I'll read them both and then we'll go into the
presentation, disclosures and the rest of it.
The Item H that we moved ahead ofItem E is the comprehensive
planning department's 2007 small-scale plan amendment. It's for
CPSS-2007-I, Tim Hancock, of Davidson Engineering, for a
small-scale amendment. And it's concerning the mixed use activity
center 13. That's a companion item to Item E, which is Petition
RZ-2006-AR-I0422, and it's the Myers Enterprises of Naples, LLC,
represented by Tim Hancock, also known as Naples Mazda on Airport
Road and J&C Boulevard.
With that, we will ask for swearing in by the court recorder.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Are there disclosures on the part of
Planning Commission?
COMMISSIONER MURRAY : Yes.
CHAIRMAN STRAIN: Yes, sir, Mr. Murray.
COMMISSIONER MURRAY: I had occasion to have a
conversation with Mr. Bruce Anderson regarding this subject.
CHAIRMAN STRAIN: I too had discussions with Mr. Hancock
and Mr. Anderson. And we went over my comments that I will
definitely be going over again today.
I also had a request prior to our departure last time. Right after
we had voted to adjourn, I heard there were a couple of other public
speakers, and I was asked if we could hear them first in the beginning
so they could leave and be on the way if they wanted to. And I have
no problem with that. Is there any objection from any of the Planning
Commission members?
(No response.)
CHAIRMAN STRAIN: So Ray, could you call the public
speakers first?
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16J
MR. BELLOWS: Sam Smart.
MR. SMART: Is it not customary to follow after the petition is
presented? I would prefer that --
CHAIRMAN STRAIN: Well, Sir, before you go much farther,
you've got to be recorded on speaker.
I understand your argument, so let me ask that question. I was
doing this at the request of the applicant who came to me after the
meeting. And Mr. Hancock, I think it was you. I don't care if we hear
the public before or after. We can do it any way that accommodates
those that are here. But your request to me was to hear them first
because they didn't want to stay the whole time. And I have no
problem with that, but somebody needs to give me some guidance on
that.
You'll have to use one of the speakers and identity yourself
before you can say anymore, sir.
MR. SMART: Hello. My name is Sam Smart. I have operated a
business on J&C Boulevard for the last 20 years and have concerns
about traffic and the impact that this rezoning will have.
I have been working with the planning department and
transportation department, have gone to the public meeting, and there
seems to be, let's say, some inconsistent information, some changing
information. And Mr. Hancock and I just agreed about even what was
said at the public information meeting.
So I would like to hear what the latest is on this request and
proposal before I address what will become the issues that I need to
address.
CHAIRMAN STRAIN: That's fine. We will call you. We can
call you back up afterwards. Then I will accommodate those people
that need to be now because they can't stay till later.
Is there anybody now, Mr. Hancock, that you know of that's in
that situation?
MR. HANCOCK: Unfortunately, Mr. Chairman, I think those
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people left.
CHAIRMAN STRAIN: Okay, then we'll go on with the
presentation by the applicant. Thank you.
Ray, at the end of the meeting we'll still call the names just for
the record.
MR. BELLOWS: Yes.
MR. ANDERSON: Good morning, Mr. -- or good afternoon,
Mr. Chairman and members of the Planning Commission. My name
is Bruce Anderson, from the Roetzel and Andress law firm.
I have with me today Mr. John and Tom Myers, who are second
generation family-owned and locally-owned 35-year-old business in
Collier County, Naples Dodge, and their newly acquired Mazda
dealership.
Also with me, I have Mr. Hancock, I have Reed Jarvi and Blair
Foley.
Now, despite the fact that there are two intertwined petitions
before you, this is really very straightforward. It's a simple request to
rezone 1.83 acres from industrial to C-4 to open up a new Mazda
dealership on land that abuts the family's existing Dodge dealership.
And the Dodge dealership is zoned C-4.
Then it morphed into a comprehensive plan amendment.
When the Myers were informed by staff that a Growth
Management Plan amendment would be necessary, Mr. Hancock and
staff agreed that a map amendment before you would be the most
expedient method.
Now, you may ask, if we're only talking about a 1.83-acre
rezone to a less intense use, why are there 10 acres included in the
map amendment to the Growth Management Plan?
It's because the 1.8-acre parcel does not directly abut the activity
center boundary like the existing Dodge dealership does. So we had to
include the existing dealership land of 8.2 acres with the abutting 1.8
that was the subject of the original simple rezoning request.
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We were surprised and disappointed that the Comprehensive
Planning Department decided to recommend denial. Number one,
because my client declined to provide a third version of their
previously filed traffic impact statements, also known as TIS's.
Their second reason was because it would cause a loss of
industrial land. Let me address both of those two objections.
First, about the traffic impact statement, it's the comprehensive
planning staff, not the transportation division, that asked for the third
TIS. I believe the transportation staff are satisfied with the TIS's that
have been provided.
The third TIS that was requested would be about what if these
two auto dealerships were converted to a shopping center, since they
would both be zoned C-4? Well, most of the 10 acres involved in this
map amendment are already zoned C-4. And right now today a
shopping center could be built on those eight acres of C-4 zoned land.
And if a shopping center was replacing that auto dealership, guess
what, a TIS would be required for the shopping center.
There is no need for this third TIS based on a what if scenario.
Now, let me address the concern about the loss of industrial
land. The staff report in the Growth Management Plan amendment has
a table about industrial lands in the North Naples planning
community. The staff report states that the county would be losing
almost 10 acres of industrial land if the map amendment is approved.
Well, that statement is not based on an apples to apples comparison. If
you look at the vacant industrial acres in the North Naples Planning
Commission (sic), it's 170 acres. And if you compare it to the 1.8
acres of vacant industrial land that's the subject ofthe rezone petition,
we're talking about only a 1.05 percent reduction in the vacant
industrial land inventory. That's minuscule. That's insignificant.
Nothing to get worked up about. Vacant land compared to vacant land
is the most valid on-the-grounds facts comparison.
It's based on these faulty premises that there is a denial
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recommendation on the map amendment. And because staff is
recommending denial of the map amendment, they can no longer
recommend approval of the rezone. We ask you to override that
recommendation.
I want to ask Tim Hancock to come forward and tell you about
all the donations that the Myers are making to help with
transportation. And then we'll all be glad to answer any questions you
have.
MR. HANCOCK: Good afternoon, Commissioners. For the
record, Tim Hancock, with Davidson Engineering, on behalf of the
applicant.
Due to some questions with regard to transportation impacts and
unfortunately an anonymous fax that was sent out by someone
opposing the project, misstating some of the transportation
commitments, we feel the need to place clearly on the record what the
Myers have agreed to do in working with your transportation staff to
address the issues.
In could go to the bottom two items first, Mr. Bellows. These
are two that are related directly to the application before you here
today.
The Myers have agreed as a stipulation to provide at no cost to
Collier County a narrow strip ofland along J&C which will provide
for the addition of a eastbound to northbound turn lane. And that is the
one turning movement at J&C and Airport that is problematic.
Additionally, they have agreed with transportation staff to design
and permit the improvements to the intersection at no cost to the
county.
The other commitments that I'm going to describe to you are
actually ongoing in a site development plan approval that is not before
you today but I think are important to discuss, and they are the top
two.
Mr. Bellows, if I could ask you kindly to roll that down.
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Naples Dodge is currently expanding their service department
and they're in for an approval or an SDP A for that expansion. As a
part of that, they have agreed to provide at no cost to the county a strip
of land approximately 40 feet wide by 220 feet in length that, much to
Mr. Murray's final surprise, I believe, will provide that connection
between Corporation Boulevard and Pine Air Lakes that you folks
have heard before in the Pine Air Lakes proposal before you.
The Myers are donating that land. No cost. No impact fee
credits. That in and of itself will provide tremendous relief within the
industrial park and will have a positive impact on the J&C and Airport
intersection.
In addition, the Myers have agreed to pay up to 25 percent of the
cost of the construction of that driveway connection.
These are the commitments standing before you today. The
bottom two are associated with the project you have before you today,
and the top two are stipulations they have agreed to as a part of a site
development plan approval that is in process right now and hopefully
in its final review.
I want to make clear for the record those commitments, so that if
anyone has any questions, we could clear up any potential
miscommunications you may have heard on these matters.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: With regard to that donation of
40 feet by 220 feet, we certainly thank the Myers for that. That will
help to relieve some traffic problems that we have.
But is that finalized? Did we have -- actually enter into an
agreement with regard to that to make certain that that does go
forward without any problems?
MR. HANCOCK: There is an agreement that will be finally
executed before going to the Board of County Commissioners
between Pine Air Lakes and Naples Dodge to affect the construction
of that, yes, sir.
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November 15, 2007
COMMISSIONER MURRAY: Okay.
MR. HANCOCK: It's under review by attorneys on both sides
right now, but we have agreed in concept, we have a handshake, and
prior to the board hearing this item we have promised Mr.
Casalanguida that we will get this resolved and signed.
COMMISSIONER MURRAY: And if we were to stipulate that
in this agreement, would that have a problem for you in any way?
MR. HANCOCK: No objection to that whatsoever, sir.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: Were you finished, Tim, with your
presentation for all questions, or just --
MR. HANCOCK: Believe it or not, yes, sir.
CHAIRMAN STRAIN: Okay. Are there any other questions of
the applicant at this time?
(No response.)
CHAIRMAN STRAIN: I have a lot of questions of staff and
transportation that may generate some for the applicant. Let's just
move forward then.
Presentation by staff?
MS. VALERA: Carolina Valera, principal planner with the
comprehensive planning department.
The petitioner went over most of the items in this petition. I just
want to clarifY certain things.
The GMP amendment is a small-scale amendment. Florida
statutes allows this type of petition to be outside your regular GMP
amendment process, you know, your yearly GMP amendment process.
And that's why you are able to vote on this as a separate item.
Also, I want to clarity that in regards to the petition, the recent
petition, yes, is for almost -- a little bit less than two acres now. The
GMP amendment, as the petitioner explained, is for almost 10 acres,
and that will take away almost 10 acres of industrial inventory from
our county.
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They provided a commercial inventory as part of the backup,
which you have in the packet, and that commercial inventory, it's just
for certain properties. It doesn't go into the details of all possible
commercial inventory in that prior radius study that they provided.
They also stated reasons such as cost and corporate preference in
regards for not being able to use that existing commercial inventory
for this proposed dealership.
Regards to the transportation study, the TIS does not account for
the most intent (sic) uses, and staff, we need to point out that to you.
But I also have to say that transportation department will cover that
item.
Transportation impact is being -- the transportation impact is
being addressed at the rezone petition with the stipulations of approval
for that rezone petition.
Now, for the GMP amendment, those stipulations doesn't (sic)
tell me in the study that they provided how it will affect the whole
IO-acre -- almost 10 acres of industrial land. And again, transportation
will address that.
And again, as the petitioner stated, we are recommending not to
transmit this petition to the Board of County Commissioners. We
believe that the study doesn't go into the detail of commercial and
justification for deletion of industrial inventory of our county Future
Land Use Map.
CHAIRMAN STRAIN: Okay, are there questions? Ms. Caron,
then Mr. Murray.
COMMISSIONER CARON: Yeah, Ms. Valera, I need you to
explain to me again how parcels 22,23,24,25 that are currently in the
industrial area, and represent 1.8 acres, how does that suddenly morph
into a loss of 10 acres?
MS. VALERA: Yes, the existing Dodge dealership is part of the
urban industrial designation of our Future Land Use Map. It was an
exception when we adopted our industrial -- urban industrial area that
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those properties in the perimeter of the industrial area will be
exempted. So the existing Dodge, which is C-4, is zoned C-4, is
actually part of the urban industrial area over county.
And so in order to include those properties to the north of the
Dodge dealership, you have to take -- you have to go through the
existing Dodge dealership and then be able to extend the map all the
way to the proposed Mazda dealership. I hope I'm explaining myself.
COMMISSIONER CARON: Well, wouldn't that then mean that
if this were approved and incorporated, wouldn't those parcels just
become part of that urban industrial?
MS. VALERA: Actually, it's the other way around. The
amendment is to turn the existing Mazda dealership, which is part of
the urban industrial, and the proposed Mazda, the two acres, to the
commercial activity center, which is activity center number 13.
COMMISSIONER CARON: So right now the Dodge dealership
is not C-4?
MS. VALERA: It is C-4, but it's part of the urban industrial. So
possibly it could be that someone could go -- if Dodge ceases to exist,
then someone could come and rezone that land to industrial and use it
as an industrial use without a GMP amendment.
COMMISSIONER CARON: Which you would be happy with.
MS. VALERA: And without a GMP amendment.
COMMISSIONER CARON: Thank you.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRA Y: That was exactly the question I
was going to ask as well, but I'm not sure I -- I think I understand you,
but I want to be certain I understand you.
So you're saying that your premise is that if the Myers choose to
leave that area some day without changing from C-4 -- they changed
from C-4 to industrial in those parcels simply because it's in an
industrial area; is that right? Or it was zoned originally industrial?
MS. VALERA: No, it was zoned original C-4. When we adopted
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our urban industrial area, those lands that were already there and that
were zoned C-4 were incorporated into the urban industrial. And they
were allowed to be kept as C-4 as part of the adoption.
COMMISSIONER MURRAY: Yeah, okay, I thought I
understood it that way.
But my question then goes further than that, I guess. I hope. So
that what I'm looking for a proof of what you're saying. So it's sort of
-- if they were to leave, it's not as though it would revert, because it's
already a C-4. But an industrial application could be made in that area
without a GMP amendment.
MS. VALERA: That is correct.
COMMISSIONER MURRAY: And that's your basis for saying
the totality is a subtraction from all of the industrial.
MS. VALERA: Of the urban industrial inventory, yes.
COMMISSIONER MURRAY: Nevertheless, that 10 acres still
represents about one percent. And is that construed to be significant?
MS. VALERA: I don't have the data in the backup of this
petition to prove to me otherwise.
COMMISSIONER MURRAY: I'm sorry, I don't understand the
answer. I'd like to.
It does say in here you have 1,000 acres set aside for industrial,
somewhere in there. And even if we use the 170 that was premised
earlier, we still come out to like one percent. And is one percent -- and
I recognize you're careful stewards, I'm not criticizing, I'm trying to
find an answer. Is one percent considered a critical factor, or is it
something that you must hold to or is there any latitude at all? Or is
that our job?
MS. VALERA: I think that is your job.
COMMISSIONER MURRAY: That's good. Then I got the
answer I was anticipating. Thank you.
CHAIRMAN STRAIN: Any other questions of staff?
(No response.)
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CHAIRMAN STRAIN: Carolina, did you write the rezone
findings, or was that somebody maybe before you?
MS. V ALERA: Yeah, that was zoning and land development
review staff.
CHAIRMAN STRAIN: Aren't you that?
MS. VALERA: The rezone findings. Yeah, that was -- no, I'm
with comprehensive planning. I used to be with zoning and land
development review.
CHAIRMAN STRAIN: Boy, you guys change chairs quite often
over there.
Is the person that wrote the rezone findings available?
COMMISSIONER MURRAY: There he is.
CHAIRMAN STRAIN: Oh, okay. When I asked for staff
presentation, we usually get the person who did the --
MR. BELLOWS: For the record, I thought we were hearing Item
H first.
CHAIRMAN STRAIN: I think we're hearing both together, but I
understand.
MR. BELLOWS: Yeah, there were two different reports
generated.
CHAIRMAN STRAIN: Okay. Well, my questions were about
the second report that you haven't done a presentation on. Do you feel
you need to do one?
MR. BROWN : Yes. Take 30 seconds, I think. The zoning --
CHAIRMAN STRAIN: Okay. Why don't we have your
presentation then.
MR. BROWN: -- recommendation is very simply. If the board
finds -- if the board approves, rather, this small-scale GMP, then the
rezone -- excuse me, the small-scale amendment -- then zoning
recommends approval of the rezone and finds that the project is
consistent with the GMP.
If not approved then, of course the rezone would be inconsistent
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November 15, 2007
with the GMP and zoning would recommend denial. And that's our
position.
If you'd like to ask me anything that's within the staff report, I'm
available for questions.
CHAIRMAN STRAIN: I have a couple of questions about your
rezone findings.
Number five, the question is whether changed or changing
conditions make the passage of the proposed amendment necessary.
And I would think that you would get into the land use issues
involving that, because that's what our rezonings are usually about.
And this one is five, it's under pro. Due to budget cutbacks, it has
become increasingly difficult for the county make transportation
improvements.
We just got done with the AUIR. Transportation had no
cutbacks, and in fact they said they were fine. And I understand
maybe the political process in the county you felt you had to put this
here. But I would hope that a rezone findings would be absent of
political process and that they were reflective of planning process, not
political.
I don't know if you watched the AUIR hearings, but there were
no issues with transportation's budget. They actually said they need
zero for next year, they're at a balance. So I would hope in the future
we wouldn't be doing that.
On number six, whether the proposed change would adversely
influence living conditions in the neighborhood. The change will
improve living conditions.
I'm just wondering how you felt the living conditions are going
to be improved by a car lot. I'm not objecting to the car lot, I'm just
curious as to how a car lot improves anybody's conditions.
MR. BROWN: Well, the current GMP designation of the
property is urban industrial. And more intensive uses would be
allowed, in my opinion, under that designation for this property. The
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former use of the property was a restaurant, which would be in my
opinion more intensive than the use being proposed. And so that's how
I arrived at that answer.
CHAIRMAN STRAIN: Again, I know staff has a tendency in a
lot of these pros and cons, and I've read others before, that don't seem
to focus on as much sustainable facts, real strong facts on planning
issues and zoning issues, and I would hope that maybe we could focus
on those in the future.
It says that the existing lot with improvements is better suited
than industrial uses. This is under number five, findings.
Were you aware when you said this that comprehensive
planning was going to turn it down?
MR. BROWN: I had no idea. This staff report was written two
months, actually, in advance oftoday's hearing, because it's been
continued once. It was originally scheduled to be heard by the board
on November 1st.
It's been an evolving project. And again, at the time the report
was written there was no determination made at that time that the
project would not be consistent with the GMP.
CHAIRMAN STRAIN: And I don't disagree with your finding.
I'm just finding it interesting that you as a zoning staff person believe
that this change is warranted, but the comprehensive planning staff
believes it's not. And it's just the same --
MR. BROWN: The consistency--
CHAIRMAN STRAIN: -- internally within the county, I guess.
MR. BROWN: The consistency review that was prepared for the
zoning report found that the project was consistent, I guess contingent
upon the small-scale GMP amendment being approved.
There was a different reviewer that prepared the consistency
review for the rezone, a different reviewer for the small-scale GMP.
That kind of left me in limbo.
CHAIRMAN STRAIN: It did, I agree. I just though it was --
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November 15,2007
MR. BROWN: Again, we're still waiting on a determination
from the board to determine -- or rather to approve the GMP or not.
And based on your decision, the rezone would be deemed consistent
or not consistent with the GMP.
CHAIRMAN STRAIN: Thank you. And I have a couple of
questions now of compo planning. I thought David was here
representing compo planning, and I didn't know Carolina transferred
over.
David?
MR. WEEKS: For the record, I'm David Weeks, Comprehensive
Planning Department.
Yes, sir.
CHAIRMAN STRAIN: I went back all the way to the Seventies,
I think that was the earliest I went, and took a look at various maps of
this area, because I found a discrepancy in the current maps that seems
to disagree with your finding that this is industrial. So I went back to
see how that could have happened.
We heard this morning that the zoning maps apparently have
scriveners errors in them, multiple ones in regards to the labeling of an
ST. And I'm wondering if they have a scrivener's error in the outlining
of the industrial, because if you take the FLUE map, which I know
your department is very conscientious about, because even the
slightest changes in that map have always come before us to get
amended so they're accurate.
The FLUE does not reflect that area as industrial. I've got the
map here. The TR-5 map, which is your concurrency management
map for transportation also does not reflect that area as industrial. It
shows a strip fronting that area which appears to be encompassing the
area that is in question today as not industrial. Doesn't show what it is,
it just don't highlight it as industrial. Are you aware of that
discrepancy?
MR. WEEKS: No, I'm not. And I can tell you that in 1989, when
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the plan was adopted, with rare exception, this not being one of those,
the existing industrial zoning was designated as industrial on the
Future Land Use Map. And the subject property presently zoned I and
C-4 was all zoned industrial in 1989.
CHAIRMAN STRAIN: Well, based on this map -- I mean, if
you haven't taken a look at it, maybe you could tell me what we need
to be going by. Because in the past I know we've always pulled these
FLUE maps up and put an arrow next to the area in question. The
lighter gray in that map says the same in TR-5, under the TCMA
maps.
COMMISSIONER MURRAY: He could probably bring that up
on the --
CHAIRMAN STRAIN: The overhead?
If you notice where the darker square is at the intersection of
Airport Road and Pine Ridge, that's your I believe typical activity
center. Then it extends north and I thought maybe that only goes to the
north edge of Pine Air. But then the neck that's left is narrower than I
believe the neck that appears to be on the other maps that were
provided to us. And I'm just wondering if you've looked at that and
you feel that this is accurate or what.
MR. WEEKS: I do believe it's accurate.
One thing to keep in mind with activity centers, the square -- the
color version that's red is representative. The original activity centers,
with a few exceptions, were a half mile square. But with the 1997
EAR-based amendments, we adopted site specific activity center
maps. We left these representative squares, but you have to go to the
inset maps of activity centers to see the specific boundaries of those.
The activity center boundaries in fact takes in that whole white
area between the activity center shown on the map and the gray area
where the subject property is located.
CHAIRMAN STRAIN: Okay, fair enough. Ijust wanted to
make sure that this graphic didn't have any dominance over the
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argument. Good, thank you.
MR. WEEKS: And I would like to, if I might, respond to a
question you'd asked Willie, which I believe he correctly answered. I
just want to stress that when comprehensive staff reviewed the
rezoning petition, we did in effect a dual analysis. First we looked
under the existing planned designation which is urban industrial. And
our determination was no, that rezoning to commercial is not
consistent. The urban industrial district does not allow retail uses as
freestanding principal uses.
And then our second analysis was if it were re-designated to an
activity center, would the rezoning be consistent? And our conclusion
was yes, it would.
So the rezoning could be found consistent only if the plan
amendment is approved as requested.
CHAIRMAN STRAIN: Well, based on the industrial area
you've shown on this map and where it seems to lie, wouldn't some of
those uses along Shirley Street that are retail be questionable, based on
this? Like you've got a Suzuki or a motorcycle shop there and you've
got rental furniture and you've got a series of stuff that seems to be
doing more than what you're indicating --
MR. WEEKS: Yes. That goes back to how the Dodge dealership
got here in the first place, too. How did that C-4 zoning get there, if
it's designated urban industrial.
The original 1989 Growth Management Plan included a
provision that for properties designated urban industrial but located on
the perimeter of that designation were allowed to have transitional
uses, which was interpreted to mean our highest intensity commercial
zoning district, C-5 and C-4. That number one allowed for those
existing C-5 and I think some C-4 zoning along Pine Ridge Road on
the east side of Airport Road where there's industrial designation there
on the north side of Radio Road and other areas in the county to retain
their C-4 and C-5 zoning. And it also allowed for, in this particular
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instance, the Dodge dealership being located on the perimeter of that
urban industrial district, to be rezoned to C-4. That provision for this
perimeter transition no longer exists.
CHAIRMAN STRAIN: But the provision, when it did exist,
would have allowed what is being requested today?
MR. WEEKS: That's correct, it would.
CHAIRMAN STRAIN: Wasn't there a time in this county a
reference to a light industrial on the books?
MR. WEEKS: A light industrial zoning district, yes. I don't
recall a reference in the -- it's not a GMP designation.
CHAIRMAN STRAIN: Was this area ever considered light
industrial?
MR. WEEKS: No, sir. It's been zoned I industrial for many
years.
CHAIRMAN STRAIN: Okay. So the LI or the IL never popped
up anywhere else. Okay.
From a planning perspective, can you comment on things, or is
that the other side of the services? I thought you guys by the way are
under the same roof. I figured you might coordinate some ofthese
things before you come before us, but --
MR. WEEKS: Well, number one, I think both departments are in
absolute agreement with the petitioner that compatibility is not an
issue here. And as Carolina has already explained, our perspective,
aside from the TIS issue, really focused on the inventory issue of
industrial.
And if! may, Mr. Chairman, your earlier question, we don't see
requests like this very often. It is rare to have a request to change
industrial designation. It's also rare to have a rezoning from industrial
to another zoning district.
So it's not something I would say is on our radar from the
perspective of monitoring this to consider well, what is the appropriate
percentage to say this is of concern or this is not of concern.
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One perspective certainly would be to say this is a diminimous
impact related to transportation and say there's just no concern here.
But from the staff perspective, since we don't again see these very
often, our perspective is any loss of industrial, most particularly of
almost 10 acres, is of some concern. We know that there's some need
right now for more industrial lands, and we can only expect that to
increase in the future as the county's population is going to, well,
current projections will be almost triple from what it is today.
The loss of industrial lands is difficult, far more difficult to
replace than it is for commercial. You see commercial re-zonings
before you regularly. You also see on an annual basis comprehensive
plan amendments requesting a commercial designation. You rarely see
a request for industrial. And it's more difficult to locate industrial
because of the intensity of the uses that are allowed. Truck traffic is
associated with it, the -- I guess I covered most of it. It's difficult to
locate new industrial lands from a compatibility perspective; no so
much though with commercial by comparison.
CHAIRMAN STRAIN: I have one more question, and Ms.
Caron has a question.
And my last question is this morning we had another industrial
conversion, but I didn't hear you guys comment on it. It was Lane
Park. I believe they were zoned industrial, now they're requested
today mostly PUD and that were all basically C-3, 4 uses type things.
I didn't hear anybody make a noise about that, and it was a bigger
chunk than this is.
MR. WEEKS: I think the reason for that -- well, the reason for
that was because the comprehensive plan amendment had already
been approved. We had already crossed that threshold. So the
designation had already been changed to allow for commercial
development.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah. Mr. Weeks, you said that
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you don't often see requests like this. So would you anticipate -- in
other words, my question would be are we creating a domino effect
here? Could you then start losing industrial down the road here? Is
that something that you would be concerned about, or --
MR. WEEKS: I think it's possible. As we were discussing a few
moments ago, for many of these industrial parks, these industrially
designated areas on the Future Land Use Map, there already exists a
frontage of commercial zoning. Therefore, there would be no need for
a plan amendment such as you're discussing today.
So I would say yes, there's some concern, but not a great amount
because of the limited applicability. Other than if we went the next
step and started chipping at the depth of the property, push the
commercial back further inward as opposed to linear along the
frontage.
CHAIRMAN STRAIN: Are there any other questions of compo
planning? Go ahead, Ms. Caron.
COMMISSIONER CARON: Just a comment on that.
But this is not along that frontage. This extend that frontage
further.
MR. WEEKS: It's -- all of the property has frontage on Airport
Road. So in that sense it is -- the frontage portion of the industrial
designation, as opposed to somewhere in the interior.
But you are correct about the depth. Because the Naples Dodge
dealership is perpendicular to Airport Road. So in that sense the depth
is pushing back farther. And again, there may be some concern that
what's going to happen next. Well, the next property to the north can
then say, well, they've got commercial back to this depth, what about
us? But we've not really thought about that much.
COMMISSIONER CARON: Thank you.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Maybe I won't ask this, but
maybe I will. I'm not sure as I'm speaking on it.
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What's the worst industrial application we could have on a piece
of property?
CHAIRMAN STRAIN: You just made your mind up, because
you asked it.
COMMISSIONER MURRAY: I know. And I'll just cut to the
chase. If you can think ofthe worst one and they are allowed to do
that, you've already indicated compatibility is not a question, because
you'd rather that than the worst thing that could be put on that
property, right? So it's merely a matter of whether or not this board
and another board conceives this as being a more appropriate act,
regardless. Am I right on that conclusion?
MR. WEEKS: I think I followed that. The property with existing
industrial designation of 1.83 acres could be developed industrial. The
C-4 Dodge dealership could be rezoned back to industrial to be
consistent with the comprehensive plan. And then yes, subject to
meeting all the typical development standard code requirements, the
property could be developed with the most intense industrial use.
COMMISSIONER MURRAY: Which would not be desirable
for the community in that particular area, I would think. You might
think it would be positive?
MR. WEEKS: Well, by nature of the -- by virtue of the fact that
it's already designated industrial, the county has made a decision
sometime in its past -- and I would say we're standing by it, there's no
effort to initiate a change to that -- that this is the appropriate
designation for the property. Therefore, the land uses allowed within
that designation are appropriate.
COMMISSIONER MURRAY: Well, your conclusions based on
your logic are certainly valid, I agree with that. But as we are human
beings, we can see the change sometimes as beneficial, even if it goes
against the thesis already that you've related. Okay.
CHAIRMAN STRAIN: Any other questions of staff at this
time?
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(No response.)
CHAIRMAN STRAIN: Okay, thank you very much.
Ray, we'll see what public speakers we have.
MR. BELLOWS: Sam Smart?
Did you want transportation to respond.
CHAIRMAN STRAIN: I asked. Nobody had any questions.
We'll still get to him after the speakers, then, if Nick wants -- I guess
we could find reasons to ask Nick something.
MR. SMART: Hello. Sam Smart again.
I was here to really speak about the Naples Mazda rezoning
issue and about the traffic that I fear would be generated by it. And I'm
not sure that this is the appropriate time to speak.
The only thing I would say, industrial property, it's in short
supply. There's a lot of it in Immokalee. And business people such as
myself that by the county code have to occupy a business in an
industrial area, and the industrial -- and people such as myself, all the
trades, the contractors, they provide a real valuable service to this
community. And I think what you're doing -- and the point is that if
you push all the industrial property into commercial, there's no way
that a plumber, an electrician, can have a place to operate from and
that can afford the property.
So to a point here that was talked about rezoning in industrial, I
would speak to that. Again, the intent here though is I wanted to speak
later on traffic in the Mazda dealership.
CHAIRMAN STRAIN: Well, later is now. This is when we're
asking public speakers to comment.
MR. SMART: Oh, on the Mazda rezone?
CHAIRMAN STRAIN: Both iss -- there's two issues. They've
been -- we're going to discuss them together but vote on them
separately.
MR. SMART: I see. Okay.
Well, then the thing that I wanted to talk about was the impact
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on the J&C/ Airport Road intersection, should the Mazda dealership be
permitted.
And I think it's crucial that people appreciate, and the documents
weren't really clear, that there are three access points, three driveways
that are requested within 500 feet of the J&C/Airport intersection.
And that's going to create a problem. There's already a problem
with J&C traffic.
Now, I don't have a lot of time, so I was going to start maybe
with my conclusions and then try to justity the point.
So the thought here is that you have to have concurrency, that if
you're going to allow this rezoning you have to have the infrastructure
-- I don't do this very often, talk to the public -- infrastructure to
support the rezoning. And I would suggest to you that you don't have
the adequate capacity at the J&C/ Airport Road intersection to allow
this rezoning unless there are improvements made to the intersection.
And 1 per se have no problems with the Mazda dealership. I do
have a problem with the impact on the industrial community.
Now, to continue beyond just saying that, you know, people
recognize that concurrency is important, you can't overburden existing
facilities, there's another aspect to that also and that's basically safety.
And this acc -- this potential for accidents at this location, J&C
has shown up on reports as being the top 10 sites in the county for
accidents. So it has a history of being a dangerous intersection.
Now, pretty much before you make a decision about allowing
this dealership, you have to kind of address this issue of verifYing --
the burden is on you, I feel, to make sure you have adequate capacity
to accommodate the traffic that's going to be generated.
Now, you can make a bad situation worse at the intersection, and
kind of graphicly speaking there, you can create a monster that's going
to come back and bite you. And again, the liability that would be
associated with permitting an overburdened intersection that's already
known for accidents -- could create major problems for the county, I
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feel.
Now, to try to support some ofthe things that I was saying, what
is the situation on J&C Boulevard? And I've tried to get information,
tried to get records, have gotten different things, and that's the point
earlier, I wanted to speak later just to see what the most recent
information is. It's sort of changed.
But J&C, you can stand and see the traffic, it's there every
afternoon, it can back up from one end of Airport Road down at the
other end at Taylor Road, and it's a daily occurrence. And you don't
have to be a traffic engineer to stand there and see it.
However, there are traffic reports that tell you that the PM, the
afternoon peak rush hour traffic, it exceeds capacity. And it's a known
fact that, you know, the road, the intersection is over burdened. And
that's something again that has to be recognized. It's a problem now
without allowing any additional traffic.
So the next question is, well, what are you going to do with the
Mazda dealership? And there's some reports out there that -- I mean,
basically you're looking at traffic counts that were done in April of
2007 that show this condition, the current graphic.
You have people that have gone back and offset traffic counts
from businesses that were closed three to five or six years ago. In
other words, they're saying the net effect for allowing this Mazda
dealership is only going to be four or seven more trips during peak
hours. Well, that's very flawed. Because what's happening is they're
taking credit for traffic that doesn't exist in the current traffic counts.
So that's another problem I ran into, what is the real effect of
allowing Mazda and the traffic. There's going to be different numbers
and different reports. 376 trips a day is one of the numbers that's used.
And it's all going to impact J&C Boulevard, and it's all going to
impact the intersection, because it's within 500 feet.
And I've got a report that says 80 percent of the traffic is going
to be on Airport Road, there's no problem, traffic's not a concern. And
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that's one of the reports that went to county.
So the thing again that I'm here to say is that you need to make
improvements to the intersection. Mitigation is a big word, I guess.
And the question is what needs to be done. And again, I've heard a lot
of different things from nothing's going to be done to an existing right
turn lane is going to be extended 70 feet and they're going to change
the angle of access to now that there's going to be a second turn lane --
CHAIRMAN STRAIN: Sir, I have to caution you, we were
supposed to limit discussion to about five minutes. You've gone about
twice that long. And that's okay.
MR. SMART: I'm sorry.
CHAIRMAN STRAIN: We need to get you to a point where
you're wrapping it up, because some of the stuff you've said is a little
redundant. We understand your point, we'll certainly get transportation
to try to explain some of it for you.
MR. SMART: Okay. And thanks. And I appreciate the courtesy
of allowing me to ramble on.
And pretty much I have said everything. Just I'm not sure what
needs to be done, and I would trust the commission to kind of try to
figure out what would be an appropriate course of action here. Thank
you very much.
CHAIRMAN STRAIN: Thank you. And we'll ask the
transportation director to -- well, whatever title Nick has, to explain
some of their responses. And Ray, I'd like to do that before we move
the thought.
Nick, would you mind? And the gentleman brought up some
issues. He brought up making sure this has concurrency, which I know
your department does, but you might want to elaborate on that a little
bit. And also that there needs to be improvements on the intersection,
which I know the applicant has volunteered some improvements. I'd
also need to understand from your perspective how beneficial they
will be to that intersection.
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MR. CASALANGUIDA: Sure. For the record, Nick
Casalanguida with transportation.
I listened to the gentleman speak for about 10 minutes. And he
kept talking about J&C Boulevard. There's two things we looked at
when we look at projects. We look at consistency with traffic on the
arterials that we measure concurrency on. There's no problem with
concurrency. There's an operational failure. We know that. The
operational failure is primarily not caused by this petition, it's caused
by the background traffic that's on J&C Boulevard. You run into this
problem in many areas throughout the county. You have existing
failures that you try and make one applicant fix. So we try and balance
that when we look at this application.
And I can tell you, dealing with Mr. Myers and the petitioner,
they've gone out of their way to help us.
Let me walk through what's identified as improvements. They've
already committed to Commissioner Murray and to me off the record
that they'll sign that agreement with the folks next door to provide that
interconnection. We've been pushing that for a long time. That's going
to be done.
We've identified that an eastbound left turn lane on J&C is
required. Not because of this application, it's required right now for
background traffic. And in fairness to the Myers and Naples Mazda
rezone, they should all, the whole industrial park should chip in and
help pay for the improvement.
But what we've asked them to do is to design, permit and
provide right-of-way necessary to make that improvement. And if we
feel that we can do a reasonable developer contribution agreement,
have them actually construct the improvement as part of their project.
But to give you an idea, they are less than four or five percent of
the impacts to that eastbound left, yet they're going to take on the
burden of providing probably 50 to 60 percent of the improvement and
donating right-of-way to get that done. That's a big improvement for
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us.
So I think they've gone out of their way to mitigate for it, and
we're looking forward to working with them on that, and that will
benefit the gentleman that works on J&C.
CHAIRMAN STRAIN: They have a site plan that's proposed,
and they've got frontage on J&C and I think it's called Corporate or
Corporation Boulevard to the south. Yeah, Corporation Boulevard. It
looks like they're through lots.
If you look at their site plan, Nick, there are three -- yeah, three
connections to J&C are all interconnected internally on the property. I
don't know if you've got a site plan there, Ray? That's not a -- that's
not the plan. It's the one that's in the packet.
The first two are going from the Airport Road inward. The first
two -- and that's not as clear as the one that's in our packet, but -- if
you were to eliminate those first two and just use the one to the far
left.
MR. CASALANGUIDA: That's tough for you.
CHAIRMAN STRAIN: I'll tell you what. Ray, if you go to Page
4 of the staff report, in the bottom of that page there's a proposed site
plan that really makes it pretty clear. There you go.
Coming from Airport Road and going west, you see your first
two outlets go directly into that turn lane that's going to be added to
J&C Boulevard. And since they're all internally connected anyway, if
the applicant would be willing to remove those two and from J&C
Boulevard only use the interior and exit on the far left, and then it still
has all those ones on the south where they can go out onto Corporate
(sic) and take a right down there, I don't think anybody's losing by that
and J&C's traffic might improve by not having those cars turning
directly into that right lane turn.
MR. CASALANGUIDA: You could eliminate one of those
driveways; we talked about that for traffic circulation. They've asked
them to keep it intact. Part of the improvement you don't have here is
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we've seen the improvement for the additional eastbound left turn
lane. There'll be a median separator in that road. And when we
actually review the plans, we'll talk about what needs to be closed and
be adjusted. We haven't gotten to that level of development review yet
in terms ofthe site plan, because obviously they've done a preliminary
site plan but they haven't done the intersection plan.
CHAIRMAN STRAIN: Okay. But from a congestion viewpoint,
if they were to accept closing those two, they could actually put more
parking spaces on their property, have one entrance and exit off J&C
Boulevard, and then they've got Corporate Boulevard to do the rest
which would get them onto Airport Road which feeds the intersection
to Pine Air Lakes subdivision, because they're going to have a light
with the donation they've made there so they can get down there so
they can get onto Naples Boulevard then. I'm wondering if that would
help.
MR. CASALANGUIDA: It would help. But with that median
and I think one of those are restricted to a right out only where we
talked about as far as a site plan.
Coming out is not the problem, it's getting in. If they start
making conflicting turns too close to the intersection -- but there's
going to be a median there, so they can't do that. They'll have to go
back into that far west driveway. In other words, if that's congested,
they're going to be sitting in their parking lot waiting to get out.
CHAIRMAN STRAIN: Unless they go south and go out
Corporate Boulevard, they'll go out with the same right they could
have made there where it's less congestion.
MR. CASALANGUIDA: Exactly. They can do that too as well.
CHAIRMAN STRAIN: My suggestion was make Corporate
Boulevard more appealing by having more of the exits there and less
onto J&C.
MR. CASALANGUIDA: You could do that. I think the sight
circulation, the way they're trying to set up their service center, they
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were trying to not force people to come back in a conflicting way and
I'll let Tim talk about that.
MR. HANCOCK: Can I zoom that out a little bit.
The reason I'd like to use this exhibit is the connection from
Corporation Boulevard through to Pine Air Lakes does not connect to
our business. It's not a part of our circulation plan. As a matter of fact,
it's in between our water management lake and Corporation.
So our only connection to Pine Air Lakes is through the access
we have close to Airport Road, which was created through a license
agreement 11 years ago with Pine Air Lakes.
CHAIRMAN STRAIN: Well, Tim, the zoning map that we have
included in our package shows Corporation Boulevard going straight
out along the top of C-4 to Airport Road, separating your four lots
from the C-4. That's not true?
MR. HANCOCK: That has been an inconsistency in the zoning
map from day one. As a matter of fact, 11 years ago --
CHAIRMAN STRAIN: Another scrivener's error.
MR. HANCOCK: -- when this item was rezoned in 1996, I
remember the day well, because I was watching this hearing on a
television in Naples Community while my daughter was being born.
And that was the subject of discussion, that the county required that no
access be provided through the project from Corporation Boulevard to
Airport Road because it did not meet access guidelines. So that which
has been on the zoning maps forever was never a platted roadway.
CHAIRMAN STRAIN: Okay. Interesting. So--
MR. HANCOCK: So what we've actually done is -- and the
reason we have -- I would like to point out that on J&C Boulevard, the
two previous uses, Tia's Restaurant and the Amerigas, which is a bulk
propane facility had six access points on J&C. We're cutting it down
to three and they will not be all full accesses. One is going to be right
out only, one is going to be restricted and one is going to be full. And
the one furthest away from the intersection will be full and the one in
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the middle, that's going to be subject to design and review by
transportation.
CHAIRMAN STRAIN: I realize you're cutting down on them
and I had not realized that Corporation Boulevard wasn't going to
continue.
MR. HANCOCK: I was getting a little lost in your comments.
CHAIRMAN STRAIN: The zoning map that we have, like we're
learning zoning maps are, isn't apparently accurate. So thank you.
Any other questions?
COMMISSIONER SCHIFFER: I have one, Nick.
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: It's kind of on the same issue.
What does happen to Corporate (sic) Boulevard? In other words,
it looks like you're putting a retention in some of the right-of-way. If
you look at the aerials, it does meander up to J&C. Is that across
private property, or is that a right-of-way?
MR. CASALANGUIDA: You'd have to go westbound and then
north to get to J&C.
COMMISSIONER SCHIFFER: So when I'm looking at this
aerial and I see a lane, that's just going through some guy's parking lot.
MR. CASALANGUIDA: That's a platted part of the
right-of-way, but it doesn't connect to J&C. You'd have to go west.
COMMISSIONER SCHIFFER: Okay, so the dead-end that's--
Ray, could you put on an aerial photograph existing? If you could
zoom in on that, where this interconnection is going to occur.
MR. CASALANGUIDA: Right here. Head down Corporation.
COMMISSIONER SCHIFFER: Okay, so Corporate goes north,
then it makes a right. And then somewhere there's an --
MR. HANCOCK: Actually, Mr. Schiffer, Corporation stops at
the back end of the Naples Dodge property. What you see to the north
is a driveway, and then as you go back to the east, that is an access
easement to a utility pump station, which is at the terminus of that
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driveway.
When you get to the eastern edge of that pavement, there is no
connection through to J&C. And as Mr. Murray is well aware, that's
been something that people have looked for for some time but been
unable to acquire.
So Corporation itself terminates at the western end of the Naples
Dodge property. What you see as pavement there actually are access
easements that are used by those businesses, but they really are for
access to a pump station for service and maintenance.
COMMISSIONER SCHIFFER: So when your daughter was
being born and they did cut off Corporate, they didn't consider
cul-de-sacs or turnarounds or anything like that?
MR. HANCOCK: What they required was that there be a
vehicular turnaround. And when you go to Corporation Boulevard and
you go to the north, there's a large area of pavement up there, where I
can attest that sizeable vehicles use that to turn around and go back
down Corporation.
This connection from Corporation through Pine Air Lakes will
obviate the needs for people making that kind of a turning movement,
with the one exception of the person who -- someone who may make a
left turn and go somewhere they didn't intend.
COMMISSIONER SCHIFFER: So you'll turn it -- and who's
going to use that road from Corporation?
MR. HANCOCK: As someone who works in the industrial park,
every one of us who goes to Chick Fillet for lunch. The -- coming out
on Trade Center --
COMMISSIONER SCHIFFER: That's a good answer. That's
good enough.
CHAIRMAN STRAIN: Okay, are there any other questions?
Nick?
MR. CASALANGUIDA: I'd like to add just two things. One is
there's a section of the Code 1.04.04 which talks about reductions in
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the case of right-of-way acquisitions. And we always run into this
problem. You've got a developer who's willing to make an
improvement and he may have to donate three feet of land to make
that right-of-way or that turn lane for that project to improve that
intersection. We'd like to be able to take advantage of that. In other
words, it would be like a condemnation.
If there was -- the county was to do it, I'd have to condemn the
land from the applicant. And to condemn the land, you'd reduce
maybe a buffer or setback or whatever it would be, that they should
have the benefit of that. Otherwise, it makes it difficult for them to do
that.
CHAIRMAN STRAIN: Are you suggesting some stipulation
language in case this is --
MR. CASALANGUIDA: If the applicant is to donate
right-of-way necessary for public improvement projects, that they
could take advantage of the language in the section of the Code
1.04.04 consistent with condemnation.
CHAIRMAN STRAIN: Well, can't they do that if it's in the
code?
MR. CASALANGUIDA: Am I reaching? Close?
MR. KLATZKOW: I'll tell you what, we'll work that out. But
yeah, you're pushing it.
MR. CASALANGUIDA: Well, you're under the same problem
we had too in the Estates where the applicant at the corner said, I want
to help you out but I don't want to be punished for it.
CHAIRMAN STRAIN: You know, you weren't tricky until you
got your new position.
MR. YOV ANOVICH: That's not true.
MR. KLATZKOW: He was always tricky.
MR. CASALANGUIDA: I was always tricky.
CHAIRMAN STRAIN: Maybe we didn't notice it so much.
Thank you, Mr. Klatzkow for pointing this out.
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MR. CASALANGUIDA: Last point of record is this happens a
lot. It happened with Naples Nissan and other applications. An
applicant is burdened with doing an application that far exceeds their
impacts. But they're willing to step up and do that, and they should be
recognized for doing that. Design, permitting and providing
right-of-way when you're less than five percent of the cause of the
problem takes us a far step to getting an improvement done. So it
should be recognized.
CHAIRMAN STRAIN: Thank you, sir.
Any other questions of staff at this point? Ray, were there any
other public speakers?
MR. BELLOWS: Yes, two other speakers. Joe Gammons.
MR. GAMMONS: Is this okay? Is this the one I should speak
at?
CHAIRMAN STRAIN: That's fine.
MR. GAMMONS: Joe Gammons.
Interestingly enough, I think that might be my building right
there, but I can't really tell. I'm a little discombobulated by looking at
that from a bird's eye view. But to make a long story short, I'm a small
business owner that owns a furniture dealership just down on J&C
Boulevard.
And I can attest with the economic conditions we're facing right
now that as a neighbor of Naples Mazda I would love for the
commission to, you know, take the gift, I guess for lack of a better
word, that they're willing to redo that intersection. Because to -- as the
transportation gentleman spoke and said, maybe to have everybody in
that corporate circle chip in to do it, you know, I can attest that the
money ain't there.
So it's -- just from that aspect of it, I guess I'm here to speak on
behalf of the petitioner and say two things, really. That's the first.
And the second is I would much rather have a Mazda dealership
on the corner of that property than for Naples Dodge and Naples
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Mazda to become infuriated and pack their bags and move someplace
else and have a 10-acre Rinker cement plant. Because I think the staff
tends to speak in hypothetical and, you know, we tend to live in
reality. Ifthat makes sense.
CHAIRMAN STRAIN: It does. Thank you for spending the
time here today to speak to us. Appreciate it.
Next speaker, Ftay?
MR. BELLOWS: The last speaker was Doug Peddice (sic).
Unfortunately he couldn't stay for the afternoon session of this petition
but has submitted a letter he would like to read in. It's a short one.
CHAIRMAN STRAIN: Sure.
MR. BELLOWS: Please take notice of our opinion that the
proposal as -- for rezoning should benefit all commuters and general
traffic attempting to access both J&C Boulevard, as well as Trade
Center Way. I am in favor of this rezoning petition and request that
you vote to pass this petition.
CHAIRMAN STRAIN: Thank you. And could you leave that
with the court reporter so it gets recorded with the documents.
Okay, are there any other questions of anyone at this point by
the Planning Commission?
COMMISSIONER SCHIFFER: Just curious --
CHAIRMAN STRAIN: Ms. Caron and then Mr. Schiffer. I'm
sorry .
COMMISSIONER CARON: Just ofthe petitioner. Where do
you park the car trailers that come in?
MR. HANCOCK: Currently the vehicle carriers are using the
service road that goes behind Lowe's. And then the vehicles are
moved in.
One thing that we have is -- and we will be constructing as a part
of our current SDP A is a second access point on that service road
where those trucks can come into the storage part of the lot and not
have to use that service road.
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Because as you know with the Pine Air Lakes, that service road,
the character of that road is changing. So that second access point will
allow the carriers to come into the rear portion of the site and unload
there.
COMMISSIONER CARON: Out of the way of regular traffic
usmg --
MR. HANCOCK: Yes, ma'am. It's a liability with -- with the
way that roadway is changing, we recognize that and we're trying to
address that currently in our SDP A which we pray is going to actually
get approved some day.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: And Carolina, question for you.
I understand the logic of connecting what they wanted to the
existing activity center. But why did you choose the location of the
western boundary of the larger tract? What was the logic of that line?
It's not on a property line, is it? In other words, why did it go back that
far, to prevent going through buildings or --
MS. VALERA: What the petitioner is requesting to go through
the activity center doesn't include the whole property.
COMMISSIONER SCHIFFER: Right. But what is the logic of
that location? Their request or --
MS. VALERA: Well, that would allow them to go as a
small-scale GMP amendment. If they were to be more than 10 acres,
this would be a full-scale amendment and they would have to go as
part of the yearly cycle, the GMP yearly cycle.
COMMISSIONER SCHIFFER: So the answer is that's the
furthest they could go before they went over the threshold.
MS. VALERA: That's the max, exactly.
COMMISSIONER SCHIFFER: Okay, thank you.
CHAIRMAN STRAIN: Okay, any other questions?
(No response.)
CHAIRMAN STRAIN: And there's no other speakers, so we'll
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close the public hearing and entertain a motion. The motions have to
be in order and we need to take Item H first.
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I recommend Item H for
approval. That's the small GMP amendment.
CHAIRMAN STRAIN: Is there a second?
COMMISSIONER ADELSTEIN: I'll second it.
CHAIRMAN STRAIN: Now, we're recommending approval of
Item H. That means we're not supporting staffs recommendation of
denial.
COMMISSIONER VIGLIOTTI: Correct.
CHAIRMAN STRAIN: Okay, I want to make sure we all
understand that.
Any other discussion on that matter?
(No response.)
CHAIRMAN STRAIN: All in favor of the motion, signifY by
saymg 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.
Item #8E
PETITION: RZ-2006-AR-I0422
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Now, the next item we need to take action on is the petition
itself, 2006-AR-10422.
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I also make the motion to
approve, and I do want to bring up the fact of what Nick said, that if
you have a developer or builder that's going to give something to the
county, how could we bite his hand for it.
COMMISSIONER ADELSTEIN: Second the motion first
before you talk about it.
COMMISSIONER VIGLIOTTI: Okay.
COMMISSIONER ADELSTEIN: You can talk about it now, I
seconded it.
COMMISSIONER VIGLIOTTI: Okay. So I'm done, that's it. I
just can't see how we could not -- how we could punish him for being
nice. You got me all confused.
CHAIRMAN STRAIN: Okay, Mr. Murray?
COMMISSIONER MURRAY: I would ask the motion maker to
include a stipulation that an agreement will be reached, and this is a
stipulate that it will be part of it to have that 40- foot by 220- foot what
did we call it, an easement? I'm forgetting what that's called now. That
was not an easement, that was a fee, transferring fee?
MR. HANCOCK: Ultimately it will be a donation --
COMMISSIONER MURRAY: Donation, yeah.
MR. HANCOCK: -- to the county. The agreement between Pine
Air Lakes and Naples Dodge that will be executed prior the BCC
hearing will simply ensure that it gets -- some body's on the hook, it's
going to get built.
COMMISSIONER MURRAY: That's what I want to put it, if
you include it.
COMMISSIONER VIGLIOTTI: Yes, I will.
CHAIRMAN STRAIN: And will the motion makers mind
including the recommendations as -- yeah, recommendations of staff.
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There are five elements of staff, all of which I think we've talked
about, there's no objection to?
COMMISSIONER VIGLIOTTI: If the petitioner has no
objection to staff recommendations.
MR. HANCOCK: The only correction was made by Nick with
regard to the improvements on J&C. I believe your recommendations
talked about construction of the improvements. What Nick had on the
record was slightly different than that.
MR. CASALANGUIDA: Design, permit and construct and
provide right-of-way. Ifwe enter into a separate agreement for them to
construct, to agree to a separate DCA.
CHAIRMAN STRAIN: Have you looked at staff
recommendations?
MR. CASALANGUIDA: I believe I have.
CHAIRMAN STRAIN: Which one would we be changing to
coincide? Because they're all about right-of-way for the most -- well,
the last four of them, I should say.
MR. CASALANGUIDA: I think it's three. The paragraph three,
it says, the developer shall be responsible for construction of all
required intersection improvements.
CHAIRMAN STRAIN: What are you recommending that be
changed to read?
MR. CASALANGUIDA: That we strike that. We're going to do
that outside of this --
CHAIRMAN STRAIN: You're going to do that by the DCA
that's been agreed to?
MR. CASALANGUIDA: We are going to either have them do it
as part of the DCA, or the county's going to fund the improvements
themself. They're going to design, permit and provide right-of-way
necessary for that improvement.
COMMISSIONER CARON: Then that's what needs to be in
number three.
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CHAIRMAN STRAIN: That's what I'm getting at, Nick. So
now, what needs to go -- how do you want number three to read?
MR. CASALANGUIDA: Developer shall design, permit and
provide right-of-way sufficient for an additional eastbound left turn
lane on J&C Boulevard, prior to the certificate of occupancy for that
site.
CHAIRMAN STRAIN: Okay. Does the staff understand that
stipulation or does it need to be clarified? We don't want any mistakes.
So if you're not absolutely sure on what the language is, ask for it to
be repeated. I'm not worried about you, I'm worried about Willie or
whoever is going to have to be writing this down to make sure it gets
put in the PUD properly.
MR. CASALANGUIDA: 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.
COMMISSIONER VIGLIOTTI: Also --
CHAIRMAN STRAIN: Let's finish this one first.
Willie, do you have all that down?
MR. BROWN: I do. I have an abbreviated version, but I can get
with Nick to go over the details later.
CHAIRMAN STRAIN: The microphone's going to have to be
used.
MR. BROWN: Essentially I believe he's saying the developer
shall design, permit and provide right-of-way sufficient for -- is it the
right turn lane?
MR. CASALANGUIDA: Additional eastbound left turn lane.
MR. BROWN: Additional eastbound left turn lane prior to
certificate of occupancy for this site.
CHAIRMAN STRAIN: Now, Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: And I just want to make sure
1.04 that you discussed about before is clarified.
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MR. CASALANGUIDA: I think we found a way to deal with
that, and we'll work that out with the county attorney's office.
MR. KLA TZKOW: We will get into -- we will work that out.
CHAIRMAN STRAIN: It will be in the DCA.
MR. KLATZKOW: We'll work that out.
CHAIRMAN STRAIN: Okay, Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, that doesn't include the
construction of it, though.
MR. CASALANGUIDA: No, sir.
CHAIRMAN STRAIN: Okay, we all set on that? Staff
understands the stipulation? The motion makers accepts the
stipulations as changed, including the remainder of the staff
recommendations?
COMMISSIONER VIGLIOTTI: Yes, I do.
CHAIRMAN STRAIN: The second accepts that?
COMMISSIONER ADELSTEIN : Yes.
CHAIRMAN STRAIN: Okay, 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 CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 8-0. Thank you.
Now, we have another one final item. It may take a little while.
We're probably at time for a break. Because then we come back and
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we can finish up before we get stopped in the middle of something. So
let's take a IS-minutes break and be back here at five minutes to 2:00.
(Recess. )
CHAIRMAN STRAIN: Okay, if everybody will come back to
their seats.
Item #8F
PETITION: PUDZ-2007-AR-11121
The next petition is PUDZ-2007-AR-1112l, the Chestnut Ridge
LLC, being presented by -- represented by Mr. Hoover and Mr.
Y ovanovich. It's on Immokalee Road and Everglades Boulevard.
All those wishing to speak on behalf of this petition, please rise
to be sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Disclosures on the part of the Planning
Commission.
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I had some questions. I spoke
to Mr. Y ovanovich by telephone.
CHAIRMAN STRAIN: Anybody else?
Ms. Caron?
COMMISSIONER CARON: I spoke to Mr. Y ovanovich.
CHAIRMAN STRAIN: And I too spoke with Mr. Yovanovich
about this. I can't remember what we spoke -- oh, I think I told him
some of the discrepancies I'm going to talk about today.
MR. YOV ANOVICH: I believe you did.
CHAIRMAN STRAIN: Yes, I believe I did, too.
Okay, it's all yours, sir.
MR. YOV ANOVICH: Good afternoon. For the record, Rich
Y ovanovich, on behalf of the petitioner.
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I also have Bill Hoover with me to address any questions you
may have, and Jeremy Sterk and Josh Fruth from Davidson
Engineering.
I'm going to put on the visualizer real quick the location map of
the property. It's a small parcel at the intersection ofImmokalee Road
and Everglades Boulevard. I'll put -- even though it's hard to see, but
it's a very small piece.
Here is an aerial of the property in its current condition. The
property is 6.01 acres. It's at the, I believe, southwest corner of
Everglades and Immokalee Road. The property is within the Golden
Gate Estates master plan. It's within the neighborhood center
subdistrict. Let me take that back. A four-acre portion of it is within
the neighborhood center subdistrict. I'm going to put the PUD master
plan up.
COMMISSIONER VIGLIOTTI: Southeast, Rich.
MR. YOV ANOVICH: Southeast. I knew that. I wrote southeast
and I said southwest. I was testing you. No, I did write southwest.
Parcel 113, as you can see on the master plan, is about four
acres. It's on the western portion of the property. That's within the
neighborhood center subdistrict.
Under the subdistrict that property could be rezoned to C-l
through C-3 type commercial uses.
Parcel 114, which is about a two-acre parcel immediately
adjacent to parcel 113 is eligible to be changed to conditional uses if
parcel 113 is rezoned to commercial uses.
What we did is we combined into one application a PUD to
address both the retail uses on parcel 113 and the conditional uses on
parcel 114.
We've agreed to limit the commercial square footage to 24,000
square feet and the conditional use square footage to 6,000 square feet.
The conditional uses, basically we've asked for two: One is a
church and one is a day care. The county attorney has advised that we
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can include the church as a conditional use as a matter of right. But the
day care has to go through the conditional use process again and
submit another application for the conditional use. So we've listed that
so people know that the only two conditional uses we're thinking of
putting on the property are the church and the day care. But we will
have to come back again through another conditional use process to
get the day care.
Your staff report analyzed all the required elements of the GMP,
as well as the Land Development Code. Staff agrees that the request is
consistent with the comprehensive plan and the Land Development
Code.
Your transportation department has been vigilant. They have
requested that we donate an additional 50 feet for Everglades
Boulevard, as well as an additional 39 feet for Immokalee Road.
We've agreed to do that in the transportation stipulations.
We've provided for interconnection for the property to the south
that is also in the neighborhood center, so at some point it will come
forward we believe with a request to go to commercial. If not, you can
see on the master plan we have set the buffers up for a 75-foot buffer
for our property to the south in the event they do not come in and
request commercial. If they do come in to request commercial in the
future, we can reduce that buffer.
We've provided for a 75-foot buffer for our property to the east,
which on the aerial again you will see is an improved home. And
we've got a 75-foot buffer between us and the home.
With that, that's an overview of our petition, and we'll be happy
to answer any questions you may have regarding the petition.
CHAIRMAN STRAIN: Are there any questions of the
applicant?
COMMISSIONER VIGLIOTTI: No.
COMMISSIONER SCHIFFER: I have.
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
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COMMISSIONER SCHIFFER: Rich, you show a rear setback
of 15 feet, yet you're 75 feet from anything in the Estates. So where
would that 15 feet ever apply?
MR. YOV ANOVICH: Probably wouldn't.
COMMISSIONER SCHIFFER: Yeah, I don't think it would
either. Thank you.
CHAIRMAN STRAIN: Richard, in the neighborhood
informational meeting, you talked about putting a concrete wall.
MR. YOV ANOVICH: I don't believe I talked about putting one
there. I think the gentleman who owns the house asked if we would
consider it. I don't remember saying we'd consider a concrete wall. I
know we agreed we'd consider a wood fence.
We don't think a concrete wall is justified for a church use. If
something changes when we come through for day care to justifY a
concrete wall, we can discuss that at that time.
CHAIRMAN STRAIN: Let me read the staff report.
MR. YOV ANOVICH: I read that statement.
CHAIRMAN STRAIN: Good, let me read it for the record. Mr.
Rich Y ovanovich said they, the applicants, would consider a request
for a concrete wall as they go through the process.
So you're saying now that you did not say you would consider a
concrete wall as you go through the process?
MR. YOV ANOVICH: Commissioner Strain, I don't recall
saying that. And Mr. Hoover certainly said he doesn't think I said that
either. He also made it very clear that he would only consider a wood
fence. Since he's the owner of the property, he was very concerned
about the financial implications of a concrete wall requirement.
CHAIRMAN STRAIN: I'm assuming Willie Brown was the
staff member there?
MR. YOV ANOVICH: We had two neighborhood information
meetings on this. I'm not saying Willie's wrong, I just don't recall
saying that. I know that cost was an issue.
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CHAIRMAN STRAIN: I think the fact that it was brought up
and that you are against a single-family residential on that one eastern
side, a wall sure is warranted. I don't have an objection to a wooden
wall, but it depends on what you said. If you said a concrete, then --
MR. YOV ANOVICH: One thing I'm very clear on, is I did not
commit to construct. I said -- if I said we would consider it, it would
have been consider the financial aspects of it. I did not commit to a
concrete wall. That I'm very clear on. So if you want a wood fence, I
don't believe we'd have an objection to that.
CHAIRMAN STRAIN: Okay. You're going to like this next
one.
I've read your uses. Next week or the week after Thanksgiving
we have an issue coming up with incompatible uses, and we -- in the
previous PUD we recommended that that language be included as part
of the PUD, just in case it doesn't succeed being put through the
process of the LDC amendment. Do you have any objection to it,
adding it to this?
MR. YOV ANOVICH: I'd rather address it with what are your
concerns as to location. Because quite honestly, it hasn't been -- I
heard the comments earlier, if it's good enough for the LDC, it's good
enough for this PUD. Well, it hasn't been determined to be good
enough for the LDC yet, so I don't think we should single out this
particular PUD and attach a standard that's different for it than every
other PUD in Collier County.
CHAIRMAN STRAIN: Well, I don't think at the time that this
language came about we did it with the intention of differing PUD's. It
came about because we realized we had made errors in the past that
couldn't be fixed rather easily. Example, Pebblebrook PUD with
Stevie Tomatoes. This came about to try to prevent that.
The objection has been that if we put it in the LDC and we try to
go back on projects that have already had their zoning, that we'd be
more or less infringing on their rights because they didn't know about
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it. We're simply saying putting this language in the PUD puts you and
everybody else on notice that if you get out of hand there is a process
to address that.
For example, the church that you're putting next to the
single-family home. Churches today have changed. They have live
bands, they have loud music, they have all kinds of things, depending
on the type of denomination that may be in that church. I certainly
would think such things would be questionable, whether they're
indoors or outdoors and how much sound transmits to the neighbors
next door in a single-family house next door to you. So I don't see any
reason why this shouldn't be added to the PUD like it was in the one
this morning. So my recommendation would be strongly to add this to
the PUD.
MR. YOV ANOVICH: Well, I mean, Mr. Strain, I'm sure -- since
you brought my name up earlier in the presentation on the first one,
I've read that language. That language is not measurable. There is no
objective standard in that language so any property owner knows what
his rights are on his property. It is wide open, it's open to
interpretation, and you're essentially saying that -- and let's use the
church. Because you have a neighbor who decides that they don't like
the way certain people worship they're going to bring a complaint and
we're going to go through some potential pressure on the county
manager and his staff to what, shut the church down or not let a
church use in the future because you have a neighbor who -- or a
manager who is sensitive to those issues?
I think we should look at the permitted uses on the property and
decide whether they're appropriate, based upon the development
standards next to a home. And then if they're not appropriate next to a
home, let's talk about that. If you don't want to have outdoor
entertainment, then don't let us have outdoor entertainment. You have
a noise ordinance, I think that's the appropriate way to regulate this.
It's impossible for a person who owns this property to go to a
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potential buyer or a tenant and say the world can change on you based
upon the decision of the county manager.
CHAIRMAN STRAIN: What the thing says first of all does not
come in and cause a reaction to the homeowner next door. It happens
at a time of your first designation of a use on a site development plan.
The homeowner next door would more or less realize your uses well
after they were in operation.
And during the staffs review, it says right here, within 30 days
from an applicant's first designation of a use in a site development
plan, it shall be within the discretion of the county manager or his
designee to refuse approval of such site develop plan.
And then that throws you into a process of review to assure that
the intent that you were going in with was what was presented, more
or less, or what you thought was going to be presented at these
meetings. I see nothing wrong with it, Richard.
MR. YOV ANOVICH: What's not clear about our intent on this
application? We've listed the uses.
CHAIRMAN STRAIN: Richard, we went through this in
Pebblebrook. I didn't think anything was -- well, I thought we were
very clear on Pebblebrook. It didn't get transmitted that way, it didn't
get resolved that way. And now we have a problem.
And I heard testimony that there are other places in North
Naples that have a similar problem. So I don't think this is
unwarranted. I think by putting the notice in the PUD, it puts
everybody on notice that if they've got anything that goes beyond
what may be considered extraneous activities and noises, that they
could be subject to further action.
MR. YOV ANOVICH: So let me ask the question. I come in
with my site development plan for my little retail operation, and in
that I have a restaurant. How do you know -- I don't have to tell you
the name of the restaurant. How do you know you're not going to still
have a problem with Stevie Tomatoes?
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Because you're telling me it applies when I get my SDP, not
after I'm already in and operating. So the language you're proposing
isn't addressing the Stevie Tomatoes issue. Because that's an
after-the-fact issue. What I'm suggesting is if the concern is you don't
want outdoor -- and we've done this on others, and this was after the
Pebblebrook issue. We've eliminated outdoor televisions, and we're
not allowed to have drinking places, that's a prohibited use clearly in
the PUD. We're only allowed to have restaurants. So I don't
understand the issue. I don't understand the issue for why the county
needs to come up with this language.
CHAIRMAN STRAIN: Well, you're focusing on outdoor
entertainment. There are other issues that cause a disturbance. You're
going to have a convenience store. I don't know what the lighting's
going to be like, but I'm not going to sit here and engineer your
lighting.
I don't know what -- for example, I pull up to some stores like
one of those super stores, they call them, and they've got speakers out
on their gas pumps that are blaring some kind of music I don't even
know even what language it's being spoken in, practically. I don't
think we want that out in the Estates.
I don't think people living nearby in a quiet atmosphere need to
hear that. And I think that if that were to happen, there'd be some
restitution -- not restitution, some correction needs to be available for
staff when they go through the process to make sure that isn't
happening.
MR. YOV ANOVICH: Yeah, and I could be wrong, but I
thought your Land Development Code addressed lighting. I thought
your Land Development Code addresses noise. You have a lot of
regulations on the books that either need to be tightened up -- but I
don't think any of the circumstances you're just describing are going to
be addressed by the provision you're trying to impose upon us.
Because this is -- are we going to start submitting on our -- when we
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come in with a convenient store with gas pumps, are we going to start
submitting the decibel levels for our speakers? Are we going to start
submitting the type of music we're going to play? I mean, is that all --
is that what we're going to start getting into when we do a submittal
for a site development plan?
CHAIRMAN STRAIN: Well, I think when the SDP plans come
in, hopefully staff will start asking questions about any use that could
be contrived off of those plans that may go beyond what was intended
for the neighborhood.
MR. YOV ANOVICH: That's what --
CHAIRMAN STRAIN: Now, you and I could debate them. I
could spend the next three hours this afternoon debating this, and you
know what, you're not going to change my mind. And I probably
aren't (sic) going to change yours. So we can end our conversation.
If anybody else wants to contribute, they're more than welcome
to.
Mr. Schiffer?
COMMISSIONER SCHIFFER: What is it we exactly want to
do? Because we have words now that are proposed but they haven't
gone through the process yet. So how would you handle this, Mark?
CHAIRMAN STRAIN: Just what we did this morning. We add
to the PUD the language that was -- that's proposed in 10.02.03(A)(5)
A, B, C and D, for the revision dated 11/06/07 for the LDC meeting
that's going to happen on the 28th of this month.
COMMISSIONER SCHIFFER: So let's say we go through the
vetting process and we come up with better wording. They won't have
access to it and they'll be stuck with this wording, right?
CHAIRMAN STRAIN: Well, that's better than nothing. If you
think --
COMMISSIONER SCHIFFER: I think another way to handle it
might be that they can't consider themselves grandfathered from that
clause, whatever that clause we come up with is.
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MR. YOV ANOVICH: IfI'm correct, we're always subject to the
Land Development Code in any changes that occur.
CHAIRMAN STRAIN: Oh, Richard.
MR. YOV ANOVICH: Isn't that what this document says?
You've been doing it to us -- the county staff says, hey, whatever the
rules are at the time you come in with in the SDP, you've got to meet
the current rules.
CHAIRMAN STRAIN: Well, I know that on the 28th when this
issue comes up for discussion, you and I don't know how many people
from the business groups will be here, and DSAC's already weighed in
on it, they don't like the language. Of course they're not going to like
the language, because it's tightening things up that may benefit the
public in a manner that is hurting them with regards to outdoor
entertainment right now that isn't as regulated as it should be.
I don't think the language is going to survive that intact. It may
survive this board, but when it goes to the next level, who knows what
it will come out at.
And for that reason, I think anything we can put in now that
helps is better than nothing at all. And your applicant's being put on
notice that it's there, and so are the people that are moving in there, so
-- anybody else?
COMMISSIONER SCHIFFER: Well, let me continue.
Mark, what language is in there? Because I know we had a
hearing where we made some comments on it. Jeff, did you upgrade
that and that's what's in the LDC coming up?
MR. KLATZKOW: Yes, I believe it is.
COMMISSIONER SCHIFFER: I mean, coming today, I didn't
know we were going to -- I mean, I wish I'd have brought my book,
too, or read this prior to today to see what revisions were even made in
that.
CHAIRMAN STRAIN: Well, I mean, that's up to you. I'mjust--
I'm suggesting the stipulation when we get to that point. The
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applicant's saying no. That's where it lies at this point.
Mr. Murray?
COMMISSIONER MURRAY: I can't imagine -- even though I
appreciate your argument, sir, I can't imagine us not taking the effort
to introduce it, because we did it this morning believing full well that
it was appropriate.
And I understood, as I said it as well, that if the Board of County
Commissioners decides that it's inappropriate, they have every right in
the world to ignore it. And I think it's incumbent upon us to try and be
as proactive to help the community now that we have an opportunity
that we didn't have earlier. So I would support you.
CHAIRMAN STRAIN: When is this coming before the BCC;
does anybody know?
MR. KLATZKOW: I think it was part of the second cycle, so I
guess it's going to be --
CHAIRMAN STRAIN: No, when is this application, Chestnut
PUD?
MR. YOV ANOVICH: Sometime in January.
CHAIRMAN STRAIN: Okay. Well, the BCC will have ample
time then before they hear it to know the outcome of the language in
the Land Development Code on the 28th. And if they decide that
whatever that outcome is for better or for worse, they've certainly got
the wisdom then to make the decision to change it. So nobody's at a
loss.
And Mr. Y ovanovich, you could easily make that argument. And
if you're arguing with them --
MR. YOV ANOVICH: You asked me if I was acceptable to it. I
said no, I'm not. And I tried to explain my reasons why. So you all
will do whatever you all think is appropriate. I just tried to explain that
I think it's better to be handled in the LDC and to not single out
specific PUD's.
CHAIRMAN STRAIN: And I think that at this time to put this
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in subject to the BCC review, which they will do anyway, that they're
going to have the opportunity to decide, based on the LDC review,
whether or not it's adequate or not or ample.
Go ahead, Mr. Kolflat, then Mr. Schiffer.
COMMISSIONER KOLFLA T: Well, I believe an ounce of
prevention, even though it's not perfect, is certainly better than
nothing. And I think I would support your position that we ought to at
least try it on this.
CHAIRMAN STRAIN: Thank you. Mr. Schiffer?
COMMISSIONER SCHIFFER: Jeff, his comment on the LDC,
if in fact we add a new, you know, amendment to the LDC to cover
this, the proposed amendment, would this particular application be
required to honor that?
MR. KLATZKOW: The development community has taken the
position that that would be unlawful.
COMMISSIONER SCHIFFER: So if now we put some verbiage
that this particular application would have to honor that particular
clause and focus on it, would it be the clause that's amended or would
it be the clause as it exists today?
MR. KLATZKOW: Well, therein lies the problem. I mean, I
understand your point. You're point is -- I'm not totally sure how you
can put a condition on something that we don't know what it is yet.
Whereas this stipulation is -- you may not like it, you may not
want to vote for it, that's fine, but it is what it is, and, you know, take it
from there.
CHAIRMAN STRAIN: Mr. Klatzkow, ifby the time we get
done hearing the LDC amendment you'll get a flavor of where we're
going on it and what changes if any resulted from our discussions well
before the BCC's meeting.
By the time it gets to the BCC, you could also express the
outcome of the LDC hearing to them, for whatever that is worth, in a
discussion to either support or modifY this language. And then they --
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I know they would understand what's gone on, they could make a --
MR. KLATZKOW: Herein lies the rub. Let's say just for
purposes of discussion that you vote for this condition and you vote to
recommend this unanimously. It goes on consent. And it will be a
condition of the board's approval that this stipulation require the PUD
ordinance. And unless the applicant wants to take it off the consent to
argue it before the board, it's going to go through.
CHAIRMAN STRAIN: Nobody else can take it off consent?
MR. KLATZKOW: The staff could, I suppose.
CHAIRMAN STRAIN: Right.
MR. KLATZKOW: I don't know if the petitioner would want
that. He might --
CHAIRMAN STRAIN: Could members of the BCC take it off?
MR. KLA TZKOW: They can always take it off, yes, sir.
CHAIRMAN STRAIN: Okay. Well, I mean, I'm sure that if they
see a problem I wouldn't imagine they would leave it on there. I would
think they would take it off. I hopefully would rely on their judgment
to do that.
MR. KLATZKOW: That's true.
CHAIRMAN STRAIN: Are there any other questions of the
applicant or discussions on this or related issues? Ifnot, we'll move on
to presentation by staff.
(No response.)
CHAIRMAN STRAIN: Mr. Brown?
MR. YOV ANOVICH: Are you done with me?
CHAIRMAN STRAIN: Yes.
MR. BROWN: Good afternoon again. Willie Brown, Principal
Planner, representing the Department of Zoning and Land
Development Review.
The petitioner's description ofthe project is consistent with the
application on file. I will note that this is a very small lot, considering
the requirements imposed upon it. However, the project complies with
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the intent of the appropriate regulations of the LDC and Growth
Management Plan.
The 6.01-acre development proposal does take into account, as
Mr. Y ovanovich mentioned, future right-of-way expansions along
Immokalee Road and Everglades Boulevard, as well as landscaping
and preserve requirements.
1.77 acres oflandscaping, 0.61 acres of preserve and 0.2 acres of
water management is proposed, leaving only 0.60 acres of buildable
space after internal circulation drives and parking.
The Golden Gate Area Master Plan in the adoption of the
neighborhood center subdistrict provides for neighborhood
commercial uses within the Estates requiring a heightened (phonetic)
amount of buffering along the southern and eastern borders of the site.
75 feet of buffer would be provided adjacent to the Estates zoned lots.
On June 28th the petitioner held a neighborhood information
meeting. A neighboring property owner phoned in (phonetic) concerns
related to potential nuisances and traffic impacts. Ifbuilt to LDC
standards and GGAMP overlay requirements, impact would --
CHAIRMAN STRAIN: Could you slow down a little bit? She's
having a hard time keeping up with you.
MR. BROWN: If built to LDC standards and GGAMP overlay
requirements, impact would be minimal, staffs opinion. Many of these
details would be worked out during the SDP process.
Staff is recommending approval of the proposed MPUD rezone,
subject to the agreed upon developer commitments found in Exhibit E
of the PUD document. Also an analysis upon which conclusions were
drawn, staffs opinion can be found in the staffs report.
Rezone MPUD findings. No letters of opposition have been
received.
CHAIRMAN STRAIN: Okay, Mr. Murray?
COMMISSIONER MURRAY: Sir, I'm looking at your staff
report. I just have a few questions for qualification. On Page 3, in the
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last paragraph, tell me when you get there, please.
MR. BROWN: I'm there.
COMMISSIONER MURRAY: In the second line --
MR. BROWN: Mr. Murray, this is the consistency review from
compo planning, and David Weeks is here, he could perhaps better
address those issues than me.
COMMISSIONER MURRAY: Okay, fine. That's fine. I didn't
actually realize that.
Let me see what who all signed this. Willie Brown, that's what I
thought. Okay, hello, Sir David.
MR. WEEKS: Good afternoon. For the record, David Weeks,
Comprehensive Planning Department.
COMMISSIONER MURRAY: Okay. Although this is signed by
Willie Brown, this is still your baby apparently that he wants you to
relate to, that portion of it. And my questions have to do with the
words.
In that last paragraph where it says neighborhood centers are
located along major roadways and are distributed within Golden Gate
Estates according to commercial demand estimates, where do we get
those estimates? Who provides those estimates? Are we using it more
in the vernacular or are we using it in truth that there are demands by
the community, their needs, or their calculations, what?
MR. WEEKS: Mr. Murray, I'm always impressed with your
vocabulary. I know the word vernacular, but I'm not exactly sure how
you mean it.
COMMISSIONER MURRAY: Well, everyday language. The
use of everyday language.
MR. WEEKS: That's exactly what it means. It's not a matter of
actual data that we're comparing. And this goes back to the original
designation of those neighborhood centers.
COMMISSIONER MURRAY: Okay. And probably then some
of this also applies the same way.
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Now, there is one on Page 5 of 12, and perhaps I'm still in your
territory. All buildings shall have tile roofs, et cetera. And then it says,
the building shall be finished in light subdued colors, except for
decorative trim.
I just was curious, we had a color chart of some sort that went
through a process. And I don't know if that was approved. I suspect
that it was, that we were going to use a certain color chart? Ifthat's
true, would we refer to that chart? Because that was supposed to be
the authority, as I remember Mr. Hale, was that his name?
CHAIRMAN STRAIN: Nick Hale.
COMMISSIONER MURRAY: Nick Hale.
CHAIRMAN STRAIN: This preceded -- this GMP language
preceded the issue you're talking about.
COMMISSIONER MURRAY: Okay. Then would it be useful,
if that is -- if that has been approved, would that not -- may I make a
suggestion, would it be useful to put that in there as a reference point?
Because as I understood it, that was to determine for all time what
colors and colorations, hue and all the rest of it would apply. So as a
thought.
Then I think lastly, again, I'm now on Page 6 of 12 under A of
the last three paragraphs. Says, 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.
Again, is that more the vernacular or is that -- how do we go
about proving that? When it becomes inundated or when we have
people in canoes or -- how do we know that?
MR. WEEKS: That's a good question. And one I really can't
answer, Commissioner. We would defer to environmental services
staff to actually implement this provision. So at this point it's a matter
of -- and this is typical, the applicant simply says yeah, we agree to
that, and they craft this language and insert it into their PUD.
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Actual implementation would occur at the site development plan
stage, and they submit whatever data they can submit to try to show
that they are in compliance with this requirement. And then
environmental staff would review it and make that determination.
COMMISSIONER MURRAY: And Barbara Burgeson would be
taking care of it?
MR. WEEKS: And our staff, yes, sir.
COMMISSIONER MURRAY: Okay, thank you.
CHAIRMAN STRAIN: Any other questions of staff?
(No response.)
CHAIRMAN STRAIN: Okay, hearing none, Ray, are there any
public speakers?
MR. BELLOWS: No one has registered.
CHAIRMAN STRAIN: With that, we'll close the public hearing
and entertain a motion.
COMMISSIONER MURRAY: I'll-- dare me, dare me, I'll go
forward with it.
CHAIRMAN STRAIN: Go ahead, sir.
COMMISSIONER MURRAY: We are talking about Chestnut
Place. Petition PUDZ-2007-AR-11121, Chestnut Place MPUD.
Making a recommendation of approval to the Board of County
Commissioners. And I don't see any other stipulations or
recommendations.
COMMISSIONER ADELSTEIN: I'll second the motion.
CHAIRMAN STRAIN: Motion's been made and seconded.
Discussion?
Ms. Caron?
COMMISSIONER CARON: Well, we've made some
stipulations here today.
COMMISSIONER MURRAY: Yes, we have, haven't we?
COMMISSIONER CARON: So for one, the county attorney has
requested that the conditional use be for the church only and that they
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November 15,2007
have to come back for an additional conditional use if they want the
child care center.
CHAIRMAN STRAIN: Margie has a comment on that.
MS. STUDENT-STIRLING: Yes. Marjorie Student-Stirling, for
the record.
County attorney didn't opine that, that's in the Land
Development Code in Division 2.08.00 that churches, schools or
eleemosynary uses when they're in a PUD do not have to come back
for further conditional use.
COMMISSIONER MURRAY: That's a good word for Mr.
Weeks, eleemosynary.
COMMISSIONER CARON: I should have said that Mr.
Klatzkow brought up the issue. Thank you.
We have requested that there be at least a wood fence around the
eastern edge of this property to protect the residential. And we've
included the compatible use language that we'll --
COMMISSIONER MURRAY: I want to thank you, because in
my zeal to get this thing going, I overlooked those two things.
CHAIRMAN STRAIN: Well, let me define the language,
Donna, that you referred to. It was add the proposed Land
Development Code language 1 0.02.03(A)(5) A, B, C and D as revised
through the 11/06/07 revision date in the distribution of the LDC
amendments we received.
And as far as your first part of your motion, did Margie's
comment change that? So it stays as it is, oaky. I just wanted to make
sure.
COMMISSIONER MURRAY: Actually, my motion. She was
helping me.
MR. YOV ANOVICH: Just so you know, we had already
addressed the issue about the church and the day care and the PUD, so
I don't know that it --
COMMISSIONER MURRAY: We saw that.
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November 15, 2007
CHAIRMAN STRAIN: Okay, so we have a motion and there's
been some suggested stipulations. Does the motion maker and the
second accept that?
COMMISSIONER MURRAY: I like them.
COMMISSIONER KOLFLAT: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir?
COMMISSIONER KOLFLA T: Did you include the Exhibit E
list of developers commitments in the motion?
CHAIRMAN STRAIN: Exhibit E is part of the PUD, so I would
assume that by approving the PUD, we're approving Exhibit E,
correct?
MR. BELLOWS: That's correct.
COMMISSIONER KOLFLA T: I would like to stipulate that
separate.
MR. BELLOWS: I would also like Mr. Brown to clarifY
everything before you make your final vote.
CHAIRMAN STRAIN: Pardon me?
MR. BELLOWS: I would like Mr. Brown to repeat the
conditions, just so we're clear before you make the vote.
CHAIRMAN STRAIN: Okay, Mr. Brown, see how well you
took notes.
MR. BROWN: A wood fence shall be required along the eastern
and southern boundaries of the site.
CHAIRMAN STRAIN: The eastern boundary of the site.
MR. BROWN: Just the Eastern boundary?
CHAIRMAN STRAIN: Right, just the eastern.
MR. BROWN: Section -- and I'm not sure which document
you're referring to. 10.02.03(A)(5), letters A, B, C, and D, revision
date 1116/07 shall apply.
CHAIRMAN STRAIN: And that's of the proposed LDC
amendments that were Cycle 2, 2007.
MR. BELLOWS: We'll get him a copy of that.
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November 15, 2007
MR. YOV ANOVICH: Do you mind if someone sends us a
copy?
CHAIRMAN STRAIN: Speak to the staff. If you want a copy,
you've got to call the County Manager on the cell phone.
And there was another comment about --
MR. BROWN: The other one about the conditional use I hear is
an LDC requirement.
CHAIRMAN STRAIN: You need to restate that in the
stipulation.
MR. YOV ANOVICH: It's in there.
MR. BROWN: If it's already there, does it still --
COMMISSIONER MURRAY: No, no.
MR. BROWN: -- have to have it in the stipulation? Okay.
MR. KLA TZKOW: But the fence, you want a six-foot fence?
Just for clarity.
CHAIRMAN STRAIN: I would assume a six-foot fence. Shorter
would probably do no good. So a six-foot wood fence, is that --
everybody? Okay, so there's only two stipulations, six-foot wood
fence around the east side, and then the referenced LDC language that
we talked about.
COMMISSIONER MURRAY: As the motion maker I think
that's good; six-foot fence is fine.
CHAIRMAN STRAIN: Okay, is there a second -- does the
second accept that?
COMMISSIONER ADELSTEIN: (Nods head affirmatively.)
MR. YOV ANOVICH: Before you vote on a six-foot fence, can
we confirm we can have a six-foot fence? I think it's only a five under
the compo plan. I'm not sure, but you're going way fast.
COMMISSIONER VIGLIOTTI: Why don't we just pull out the
footage.
COMMISSIONER MURRAY: There's our compo plan expert.
CHAIRMAN STRAIN: Subject to consistency with the compo
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November 15,2007
plan --
COMMISSIONER MURRAY: That's good.
COMMISSIONER VIGLIOTTI: It's still a wooden fence.
COMMISSIONER MURRAY: That's fine. That's good.
MR. YOV ANOVICH: It says five feet.
COMMISSIONER MURRAY: That's fine.
CHAIRMAN STRAIN: And a five-foot wood fence along the
east side. How does that work?
COMMISSIONER MURRAY: That's wonderful.
CHAIRMAN STRAIN: Does the motion maker accept that?
COMMISSIONER MURRAY: I think that's wonderful.
CHAIRMAN STRAIN: Does the second accept that change?
COMMISSIONER ADELSTEIN: Yes.
CHAIRMAN STRAIN: Mr. Brown, do you have all that down?
MR. BELLOWS: Yes, we do.
CHAIRMAN STRAIN: Okay, any further discussion?
(No response.)
CHAIRMAN STRAIN: All in favor of the motion, signifY by
saymg 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 8-0. Thank you.
Now, we're into old business. Does anybody have any issues
they wish to bring up at this time?
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Item #10
NEW BUSINESS
COMMISSIONER SCHIFFER: Well, I have a new business.
CHAIRMAN STRAIN: Okay, go right ahead.
COMMISSIONER SCHIFFER: And actually, see, this is a good
example. The staff reports.
Ray, is there a way you could date everything that you're doing?
A lot of times you'll have the date of the hearing, but for example, on
this one we got two staff reports, one in color, one not. And they
probably are the same, but I think it's important that all material be
dated so that we could -- and not just the date of the hearing. In other
words --
COMMISSIONER VIGLIOTTI: The date it was printed.
COMMISSIONER SCHIFFER: The date it's printed. I mean, if
these are the same, they would have the same date and I would trust
that. But right now I don't know what they are. I don't know if they're
the same. They came from two different directions at two different
times.
MR. BELLOWS: I believe in the footer we could put the last
revised date of the printing of that document. That shouldn't be a
problem.
COMMISSIONER SCHIFFER: And I think that's important so
that we know that something's been changed. In other words, I could
look and see.
MR. BELLOWS: Typically the only reason to get a second
report is if it's a supplemental staff report, and it should say
supplemental staff report on top.
COMMISSIONER SCHIFFER: But there may be things in there
that haven't changed, there may be things that have. So let's try to get
all pages dated, where available. I mean, I think it's safer that way.
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That way nothing could accidentally pass by us without noticing it
was different.
MR. BELLOWS: Yeah, one of the projects I'm working on this
quarter is to update all our templates for our various petitions types.
And that could be part of the revisions that we're making to our
templates. So when the next group of staff reports come in, they'll
follow the new templates and make sure all the various categories are
addressed properly, plus having this date note on it. And plus what
Mr. Strain said earlier about putting the ordinance numbers, the
history of ordinance numbers on PUD documents so we can trace the
history ofthe zoning actions for that particular property.
CHAIRMAN STRAIN: Thank you, that would be helpful.
And again, I know that at times our meetings seem to criticize
staff. I don't know if that's the intent as much as criticizing the process
that we're saddled with at times. So we appreciate all you guys are
doing, we appreciate the cooperation that you have provided to us, and
I hope that staff realizes we're trying to get to the same conclusion
they are.
MR. BELLOWS: We're all working as a team to the common
good.
CHAIRMAN STRAIN: Thank you. Anybody else have any new
business?
(No response.)
CHAIRMAN STRAIN: No public comment, because nobody's
left.
Okay, is there a motion to adjourn?
COMMISSIONER ADELSTEIN: So moved.
CHAIRMAN STRAIN: Motion made to adjourn. Is there a
second?
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: Second by Mr. Vigliotti. All in favor?
COMMISSIONER SCHIFFER: Aye.
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Nov1m~e} 15, to~ J-
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: We're adjourned. Thank you.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:32 p.m.
Ma Strain, Chairman
These minutes approved by the board on t, '1- 08' as
presented V or as corrected
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
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December 12,2007
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
LDC 2007 Cycle 2 ",ala ~)\_~.I~~2L__
Naples, Florida Halas J1t~d1._.._---
December 12, 2007 ~~~~ng~1~'~~
Coletta . \jLL..____
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 5:05 p.m. in SPECIAL SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
b1
CHAIRMAN:
Mark Strain
Tor Kolflat
Brad Schiffer
Donna Caron
Lindy Adelstein
Bob Murray
Robert Vigliotti
Paul Midney (absent)
;<00"
,.'i..,;.,...ilit',~
ALSO PRESENT:
Catherine Fabacher, LDC Coordinator
Joseph Schmitt, CDES Administrator
Jeffrey A. Klatzkow, Chief Assista'bf'~n{ Attorney
Date~l,
Item 1:11 0 I CAJ L
Copies to
Page 1
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December 12,2007
MR. SCHMITT: We have a live mic.
CHAIRMAN STRAIN: Okay. Now we are back on line.
Good evening, everyone. Thank you for attending the continued
meeting of the LDC Cycle 2 for 2007 on December 13th (sic) at 5:05.
If you will all please rise for the pledge of allegiance.
(The pledge of allegiance was recited in unison.)
CHAIRMAN STRAIN: Thank you.
Ifthe secretary will please do the 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.
COMMISSIONER CARON: Mr. Murray?
COMMISSIONER MURRAY: Yes.
COMMISSIONER CARON: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Here.
COMMISSIONER CARON: Thank you.
CHAIRMAN STRAIN: Okay. Some housekeeping matters for
this evening. Last night -- and I just got my copy today. There has
been a series of changes sent to us. I don't think that -- based on the
change, we may not be able to take final action on those today,
depending on how -- the gravity of the changes. So kind of keep that
in mind.
I also don't believe we'll be able to get through this agenda
tonight, but I would like to ask the commission what they think as a
cut-off time this evening. Does 8:00 sound okay with everybody?
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December 12,2007
That is three hours.
COMMISSIONER VIGLIOTTI: I'm fine with that.
CHAIRMAN STRAIN: Okay. Good. We'll continue to eight.
The other item that I want to mention is some of you have been
seeing the new information we have been getting in preparation for
tomorrow's meeting. Last Friday afternoon there was a SDP review
with County staff and the applicant. As a result of that review, there
are more changes to the plans that we all have been distributed to a
point where those plans may not be useful to thoroughly review for
tomorrow's meeting.
On top of that, we received an amended settlement agreement on
Tuesday, one version bye-mail and we received another version from
another source, the County Attorney's office, yesterday.
So now, besides the one we originally were given, we have two others.
And they have changed. One of them in particular has changed
significantly. And then being as most of us may have just seen it
today, preparation for tomorrow doesn't give us a lot of time to
prepare.
In the morning when we start up I'm going to be asking all of you
how you want to continue with this, how much you want to go
through tomorrow. And if the best philosophy is to continue until
after the holidays, then that's certainly what our option is to do.
I do also want to note that there are some global issues in the
document. And if you wanted to, we could talk about those. I
certainly don't think there is any way we can talk about very specifics
of the blueprints because there has been all new issues -- all new
documents issued in regard to those blueprints.
So even though they are somewhat relevant, they are not going to
be as accurate as the new ones that may have been issued already. So
keep that in mind in your review this evening.
Mr. Murray and then Mr. Vigliotti.
COMMISSIONER MURRAY: Newer than the ones we got with
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December 12, 2007
our last delivery; you're talking about the thick one?
CHAIRMAN STRAIN: Yes. What happened is on Friday there
was a SDP review. Out of that review staff provided input. The input
resulted in more plans.
COMMISSIONER MURRAY: I didn't get those plans.
CHAIRMAN STRAIN: No, nobody has yet. They just have
been -- I believe staff may have just got them.
COMMISSIONER MURRAY: Okay.
CHAIRMAN STRAIN: So there's certainly nothing that we
could have reviewed for tomorrow.
Mr. Vigliotti.
COMMISSIONER VIGLIOTTI: Can we talk tomorrow in
general terms and -- maybe between us and then put it off for more
specifics down the road?
CHAIRMAN STRAIN: We could. I mean, it's up to the
commission in our discussion tomorrow, but I kind of wanted to
highlight you to the issue. So that going home tonight, if you are
going to focus on anything, it might want to be the specific language
in the settlement agreement that we have gotten, instead of going --
trying to figure out those blueprints for tomorrow's meeting. We
certainly will continue it anyway.
Mr. Schiffer.
COMMISSIONER SCHIFFER: One of the problems I had is: Is
there any way to judge which one is the first? There's no dates on
these.
COMMISSIONER VIGLIOTTI: Yeah.
COMMISSIONER SCHIFFER: The last one I got was actually
handed to me walking into this meeting, but that could be the one
prior to the e-mail I got this morning, which could be --
CHAIRMAN STRAIN: Yes, there is. You will have one with a
cover sheet from the County Attorney's office dated September 27th, I
believe. That's the first one that we got to be prepared for tomorrow's
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meeting. The second one came out on December 11 tho And the noted
point you will see in there is one of the paragraphs dealt with the
height of the buildings and the setback between the buildings. The
version you received from the County Attorney's office the first time
showed a significant cross-out in regards to the setback separations
between the buildings.
COMMISSIONER SCHIFFER: Right.
CHAIRMAN STRAIN: The new version takes that cross-out out
and puts the language back in. So that's the second version that came
out bye-mail Tuesday night, which I assumed would have been hard
copied to you probably.
COMMISSIONER ADELSTEIN: Today.
CHAIRMAN STRAIN: And then another version came out
today that, I believe, was e-mailed and possibly hard copied from the
County Attorney's office that added some language to the various
paragraphs.
MR. KLATZKOW: These are coming from their attorneys, not
us, sir. These changes are not coming from our office.
COMMISSIONER ADELSTEIN: Huh?
CHAIRMAN STRAIN: Okay. I thought your office -- okay. I
thought Marjorie --
MR. KLATZKOW: I asked Marjorie and that's what she told
me. The changes are coming from Cocohatchee folks.
CHAIRMAN STRAIN: Well, we'll have to verifY that. I will
pull that up in the morning, Jeff, because they're not the kind of
changes I think they would make. But we may want to double check
that. That came out last night in a late e-mail and early this morning
by hard copy.
So, anyway, based on all that, tomorrow morning we need to
make a decision on how we want to proceed. I want to make sure
everybody realizes that we can continue it until after the holidays.
Anything else?
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With that, we will move into this meeting. And, Catherine, I will
let you tell us where we should be starting from in the book and you
give us the page number so we can follow along.
MS. F ABACHER: Thank you, Commissioner. I would just like
to state that this meeting is a continuation ofthe Planning
Commission's public hearing on the LDC amendments for cycle 2007
2.
Weare going to begin our first issue on page -- it is going to be
page 59 in your yellow book and "F" on your summary sheets. And it
is Section 10.02.03. And these are the -- one of the -- one ofthe
recommended amendments to deal -- proposed amendments to deal
with the noise -- nuisance noise issues.
But before I -- we begin looking at that one, I would just like to
say that globally there has been a lot of discussion about changing --
how to deal with these problems. The Planning Commission and the
Board both have suggested revisions to the noise ordinance may be a
possible solution, perhaps some performance standards and separation
requirements for these uses from residential uses.
And we have kind of been tossing it back and forth for a couple
of cycles now. So what we would like to do first is Gary Dantini from
Code Enforcement has graciously agreed to join us to give us an
overview of the proposed changes that they are working on with the
consultant to the noise ordinance to try and address some of these
. . .
nOIse nUIsance Issues.
Now, I wanted to say -- and I promised Gary and Michelle
Arnold that we wouldn't get too -- get into too heavy a topic with
them. We would just generally speak about it. Because they haven't
really finalized their document draft to circulate. And some of these
things are still under discussion, but we just wanted you to understand
the flavor of the changes that they are about to make.
And some of these things would possibly be duplicated in other
efforts. So we wanted to start with that, if that is okay.
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December 12, 2007
CHAIRMAN STRAIN: Okay. One caveat. And we usually do
this as a courtesy to the public that do attend. We rarely have public
attendance unfortunately.
I notice that Mr. Poteet and Ms. Krier are in the audience. I'm
assuming they're here for this one.
MS. F ABACHER: No.
CHAIRMAN STRAIN: Is this the outdoor entertainment one?
MS. F ABACHER: They're here for the open house. I would like
to do them next, but we have some people that really have other
commitments that need to leave first. So Joe asked us to put this one
first.
CHAIRMAN STRAIN: Okay. Then I would make -- want to
make sure we get to the ones the public are here for.
MS. F ABACHER: Understood. And we do have some staff
from the supervisors of elections that need to get in real early, too. So
we'll try and accommodate everybody. Thank you.
CHAIRMAN STRAIN: Thank you.
MS. FABACHER: Okay.
CHAIRMAN STRAIN: Thank you, sir. Go right ahead.
MR. DANTINI: For the record, Gary Dantini, Collier County
Code Enforcement Supervisor.
I'm sorry that -- I was just notified just a few hours ago as far as
coming to this meeting. I don't have an awful lot of report to anybody
at this time because nothing has been really -- the ordinance as it
stands is what it is right now.
What I can tell you at this point that the ordinance and review by
the consultant that we've asked is to consolidate all five of the
ordinances into one ordinance itself. So it doesn't have to go back to
1991, I think it is, and then go up through '97 with them. Also, as to
simplifY the ordinance, as far as the languages, so it's much easier to
read.
CHAIRMAN STRAIN: You're somewhat confusing me. We are
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December 12, 2007
on page -- we started on page 59. The new language starts on page 61.
It's really the outdoor entertainment seating language that we've had
come before this Board twice before.
Now, I understand that it needs to be rewritten. I understand
that's what is being planned and some of it should be incorporated
maybe into the LDC or into the noise ordinance.
If that's what's happening, then really what you're telling us --
we're not going to get into this one tonight. You're going to come
back with a rewrite. And I'm assuming it will be after DSAC reviews
it. Is that a fair statement?
MS. F ABACHER: That's a fair statement. But what we wanted
to do was to try and get some direction from you on -- we have three
different products circulating with the same elements and some
circumstances and what needs to go where.
Let me summarize what Gary had explained to me about the
noise ordinance. The way that they're going to improve it is that they
currently have required establishments that have live performance or
amplified sound anywhere on -- anywhere on the premises, whether
it's outdoor or indoor. There is the language already in the noise
ordinance that would require them to go and get an annual permit,
which they -- a one time permit?
MR. DANTINI: Yes. And that would be for outside music only.
MS. F ABACHER: For the live performance.
MR. DANTINI: Right.
MS. F ABACHER: But the amplified sound permit would be for
sound -- for amplified sound indoor/outdoor, it doesn't matter, right?
MR. DANTINI: That's something that we're looking at, yes.
MS. F ABACHER: Yes. And that that would be an annual
permit. And some of the things that we had discussed in the outdoor
seating amendment had been -- that we proposed through zoning was
to issue the same permit.
They have the same thing. Three violations you can have your
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December 12,2007
permit revoked and you can even have your -- or you go to a hearing
to have your permit revoked. But it duplicates the permitting system
that we established in the outdoor seating amendment that we wrote.
CHAIRMAN STRAIN: Catherine, let's back up a minute.
MS. FABACHER: Okay.
CHAIRMAN STRAIN: You're talking -- I know you know this
stuff like the back of your hand. You move faster in the way you talk
about it than I think all of us can follow in regards to what you're
referring to.
MS. FABACHER: Sorry.
CHAIRMAN STRAIN: First you said there are three documents
floating around out there or three things. We have one of them
apparently in front of us that starts on page 59.
MS. F ABACHER: Right.
CHAIRMAN STRAIN: Is that true?
MS. F ABACHER: Yes.
CHAIRMAN STRAIN: Okay. There are two others. One being
the noise ordinance that can be amended to incorporate part of the
document that's in front of us that starts on page 59.
MS. FABACHER: Yes, sir.
CHAIRMAN STRAIN: Okay. And the third document is?
MS. F ABACHER: One that we reviewed last cycle and the
Board deferred it again to this cycle, which was the permits for
outdoor serving areas with outdoor entertainment, if you will recall.
The zoning department was to issue the permit based on a violation
report history from code.
If you had one violation report, then you were going to be sent to
the Planning Commission and the Board for a hearing to see if you
could receive that permit.
CHAIRMAN STRAIN: Now, are you trying to incorporate that
as a separate standalone ordinance or incorporate it into the Land
Development Code?
Page 9
t2e~ber ~2~00~
MS. F ABACHER: That would have been incorporated into the
Land Development Code in a new created section.
CHAIRMAN STRAIN: Okay. And what about the setback
requirements that appear in the document in front of us?
MS. F ABACHER: Those are in the one that -- that Jeff
Klatzkow was working on. Those would go into the LDC as
performance standards or supplemental performance standards for
outdoor serving areas, whether you had to have a permit or not.
CHAIRMAN STRAIN: Okay. So what this means is that the
document we have got starting on page 59 can be broken apart and put
into existing ordinances, one being the noise ordinance and the other
being a revision to the LDC to incorporate the parts that don't go in the
noise ordinance?
MS. FABACHER: Exactly.
MR. SCHMITT: Mr. Chairman, can I interrupt you?
CHAIRMAN STRAIN: Go ahead, Mr. Schmitt.
MR. SCHMITT: I want to correct, Catherine, because I think we
have a -- there is actually -- you're counting the noise ordinance.
There is actually four items now dealing with this same issue.
We made a commitment to the Board. If you recall in the last LDC
amendment cycle, we started out with an ordinance that dealt with
outdoor seating.
CHAIRMAN STRAIN: Right.
MR. SCHMITT: And a permit for outdoor seating. That -- I use
the word kind of morphed into an amplified sound ordinance. So
that's two.
And then when we brought that back to the Board, the Board
took the ordinance that morphed from the outdoor seating to amplified
sound. They wanted us to come back with an outdoor seating.
So we said we would bring those two back, plus this one that --
that I will call it -- the County Attorney and the zoning staff worked.
And that is the one that is in front of you right now on page 59. That
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December 12, 2007
is number three, which is another option.
And then Code Enforcement was directed by the Board to amend
the noise ordinance, which is really a fourth initiative. The most -- I
think the most effective for us right now, and we're trying to look at, is
trying to get some teeth in the noise ordinance. If we get the noise
ordinance updated and amended, I think that one then -- we'll decide
how we -- we bring that into the LDC.
But the issue really comes down to the three ordinances that we
told the Board we would bring back. The one here, which basically
empowers the zoning director to make decisions based on use and
noncompliance with use, one on an outdoor seating permit, and one on
an amplified sound permit different than the amplified sound permit
that is in the noise ordinance.
I know that's all confusing, but it's kind of a -- now we're into a
four-prong approach. Actually three-prong approach when we are
looking at LDC amendments, plus the noise ordinance, which we're
having a consultant work and develop to create some -- some -- I want
to call it tougher standards and deal with issues with base sounds and
some of the repetitive sounds, those type of things, that we're trying to
get the noise ordinance to deal with.
So we're not -- we had no intent of getting into any of this
tonight, other than to let you know that this thing is still moving
forward.
CHAIRMAN STRAIN: Okay. Well, then -- what I'm trying to
do is not waste time. We don't have a lot of time.
MR. SCHMITT: Right.
CHAIRMAN STRAIN: Basically you're telling us this is not
really ready for our review tonight and that you're going to come back
with a more consolidated document that is probably going to put all
four of these together in one or in some order that we can follow them
a lot better.
MR. SCHMITT: That's correct.
Page 11
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December 12,2007
CHAIRMAN STRAIN: Okay.
MR. SCHMITT: Just so you understand, from the last cycle to
this cycle what you created and what the Board directed, we were on
opposite ends of the pole from a seating ordinance and you were on--
do you remember that one kind of migrated over into an amplified
sound permit?
And the Board is asking to look at all options. And that's what we
-- we told the Board we would bring that back to you.
CHAIRMAN STRAIN: Joe, I think it would be much more
productive for this board to let you have the time to come back with
something better for us to review.
MR. SCHMITT: Thank you. And that's what we're asking.
CHAIRMAN STRAIN: Unless there is some reason that any
member here wants to get into this paperwork that we really don't
need to review tonight, I think we just let it go and come back with us
after the first of the year when we reschedule this meeting and see
where we go at that point.
Does that work for you, Catherine?
MS. F ABACHER: Sure. That's good. Thank you.
CHAIRMAN STRAIN: Mr. Dantini, thank you. We are going
to table this until after the holidays.
MR. DANTINI: Okay. Thank you very much.
MS. FABACHER: Thank you, Gary.
All right. Commissioner, I think you requested that we quickly
do the open house signs, which would be on -- which would be on
page 43 in your book.
No. I'm sorry . You have a revision on that one. It is one of the
new ones that you received.
CHAIRMAN STRAIN: Has the public had the benefit of
receiving it since they're here to talk about it?
MS. FABACHER: Yes, they do. They have.
CHAIRMAN STRAIN: Okay.
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December 12, 2007
MS. F ABACHER: For the benefit ofthe court reporter, we are
on our summary sheet --
COMMISSIONER VIGLIOTTI: Is that page "D"?
MS. FABACHER: Page "D," thank you, on the summary sheet.
And that would be Section 5.06.02, permitted signs.
I don't know if you all have had a chance to look at the revised
copy that mostly we worked on with your recommendations. And we
did work with the public on this. I think if you -- we rearranged it a
little bit. It still says the same thing.
If you start on page three in your new revised copy, we look at
open house signs and we called them off premises open house signs.
There's -- the first one is going to talk about the first off premise sign
would allow an open house sign to be placed in the right-of-way.
CHAIRMAN STRAIN: Catherine, could we make sure we are
all on the same page first before you start going?
MS. F ABACHER: I'm sorry . We're on page three.
CHAIRMAN STRAIN: No, no. Let me ask you something.
MS. FABACHER: Okay.
CHAIRMAN STRAIN: In our book last time we read off -- we
started on page 43 and it was on three pages. 43,44 and 45.
MS. FABACHER: Okay.
CHAIRMAN STRAIN: On page 45 there was item number three
that supposedly was part of the existing code because it wasn't
underlined. And it started with the word, "Model home signs."
On the new document that I have just found in my package that
was handed to me today on page three, number three starts with,
"Open house signs."
Now, does that mean the model home signs is no longer existing?
MS. FABACHER: No. If you look on page four, model home
signs has just been moved to number four.
CHAIRMAN STRAIN: Okay.
MS. F ABACHER: I think.
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December 12, 2007
CHAIRMAN STRAIN: So you've got a full page of new text
that came out today?
MS. FABACHER: It came out yesterday.
CHAIRMAN STRAIN: Okay. Has the County Attorney's office
had time to review it?
MR. KLATZKOW: Ijust got it.
CHAIRMAN STRAIN: Okay. So we don't have legal review. I
can assure you don't have my review. I don't know about the rest of us
here.
COMMISSIONER VIGLIOTTI: I don't even have a copy.
CHAIRMAN STRAIN: You reviewed it.
COMMISSIONER SCHIFFER: And here is the problem. We're
sending these things out and then we're not -- you know, I stay up late
to review. I don't want to feel like an idiot and not talk about it.
So I think don't send stuff if you're not going to review it. I
mean, you okay whether they can send it.
CHAIRMAN STRAIN: No. The state is--
COMMISSIONER SCHIFFER: Let's not waste time doing these
things if we're going to table everything.
CHAIRMAN STRAIN: Brad, I didn't know this was sent out
until I got it like you did.
COMMISSIONER SCHIFFER: Last night.
CHAIRMAN STRAIN: Well, actually I didn't get it last night. I
got it today hard copy.
COMMISSIONER ADELSTEIN: So did I.
CHAIRMAN STRAIN: I didn't even know it went out until
today.
COMMISSIONER MURRAY: I didn't get it.
COMMISSIONER SCHIFFER: Mark, let's do this. Let's come
up with a process where staff okays it with you and then you decide
whether it's something that we can even have in time and then not
send it out to us.
Page 14
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December 12, 2007
CHAIRMAN STRAIN: I have no problem with that, as long as
the rest of you would defer to that system.
COMMISSIONER MURRAY: Certainly.
CHAIRMAN STRAIN: I certainly communicate with staff
daily, so we have no problem doing that.
MS. FABACHER: So you want to defer it to the 14th or are we
going to wait?
CHAIRMAN STRAIN: Well, we're going to listen to the public
speakers and then I think our discussion is going to have to be
deferred to the 14th because we haven't had time to read this. I want
the County Attorney's input on it absolutely before we make a
decision on it.
So we're going to have to put it off a bit. But at least we can have
the public provide any input they have on the new writing so we have
their benefit and the County Attorney can have their benefit.
Does that work?
COMMISSIONER ADELSTEIN: Yes.
CHAIRMAN STRAIN: Okay. Who has the public speaker
slips? Does anybody?
Would you mind asking them?
MS. F ABACHER: Sure. I have Ellie Krier and Bill Poteet. I
don't know who wants to go first. They did provide me with a minor
change that they --
COMMISSIONER MURRAY: How long have they had it?
MS. F ABACHER: -- suggested?
CHAIRMAN STRAIN: Would you tell us, Mr. Poteet, after you
have identified yourself?
MR. POTEET: Yes, I will. My name is William Poteet. I'm
representing the Naples Area Board of ReaItors.
CHAIRMAN STRAIN: How long have you had this new
change?
MR. POTEET: Two days.
Page 15
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December 12, 2007
CHAIRMAN STRAIN: Okay. So we all got it about the same
time.
MR. POTEET: About the same time. We went through it real
quick. The first thing we wanted to do is compliment staff on -- for
what they have done so far. I mean, it looks really good.
We have one issue that we're looking at and that's under 3(A),
Roman numeral six. It limits the open house signs to be no closer than
100 feet to another off premise sign. And effectively what that does
and means is that one realtor cannot have an open house next to the
other two houses in a row.
What we are suggesting -- and we put a sheet up there and
highlighted in red that you take the provision that they have in six --
under Roman numeral six and put it up to Roman numeral two and
just say, "Said sign will be located no closer than 100 feet from each
other," which means the directional signs can't be on top of each other.
I think that was the intent of the committee or the comments we
had last time versus -- it will allow myself to have an open house at
one address. And if another realtor wants to have an open house at the
next-door neighbor, he can do so.
The way you have it here, we think code enforcement will
interpret that you can't have two open houses next to each other.
CHAIRMAN STRAIN: Would you think this covers you in the
case of narrow lots? I mean, there are a lot of 40-foot wide lots out
there.
And if you do side-by-side 40-foot wide lots, you've only got 80
feet from end to end. If you put those in the center, which you
probably want to do, you're not going to -- well, 100 feet still is going
to hurt you in that.
MR. POTEET: Well, what we said on the 100 feet between --
you have three signs that you're allowing. Two of them are directional
signs and one is the open house sign. And if you're requiring that the
three signs be 100 feet apart, I don't think we're going to have a
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December 12, 2007
problem with that.
CHAIRMAN STRAIN: Okay.
MR. POTEET: We just don't want to come to the situation
where I have another realtor or a person who is doing for sale by
owner and he wants to have an open house the same day you're having
an open house and you're adjacent to each other and then you'd be in
violation under the way it's written on this one. At least that's the way
I interpreted it.
CHAIRMAN STRAIN: Okay.
MR. POTEET: Okay.
CHAIRMAN STRAIN: Anybody have any questions at this
point? We are going to have to come back and hear this.
MR. POTEET: We understand that. We just wanted to see if we
could get this corrected in the meantime. Thank you.
CHAIRMAN STRAIN: Okay. Good work. I think we've gotten
along -- we're much further away with it, so thank you.
MS. KRIER: Commissioners, for the record, Ellie Krier, also
representing the Naples Area Board of Realtors.
Just to follow up on Mr. Poteet, I think his shifting is what it
accomplishes is that you're not allowing a realtor to do a like Burma
Shave sign look where he may be just half a block in and can get three
signs. That wouldn't be allowed.
The directional signs are meant to be spaced to lead you in. This
would preclude using all your signs, even if you were almost to the
corner. And that is the intent there, not that two or three realtors who
have an open house on the same sign couldn't have their first
directional sign at that corner. And I think Mr. Poteet's shift solves
that.
I also would like to thank staff and tell you that this process has
-- we're on our fourth draft. They have been very responsive. We
have been working through it. It's also had to go through other
County departments. So it's, as you well know, a very time
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December 12,2007
consuming process, but the results have been excellent. Thank you
very much and we'll be back to see you.
CHAIRMAN STRAIN: Thank you very much. That is the only
two speakers we had then?
MS. F ABACHER: Yes, sir.
CHAIRMAN STRAIN: Okay. If it's okay with the rest of the
Board, we will again table this one until we come back at another time
with it.
COMMISSIONER ADELSTEIN: So move.
CHAIRMAN STRAIN: I don't know if we need to -- I don't
think we need to move on it.
COMMISSIONER ADELSTEIN: Okay.
CHAIRMAN STRAIN: We just let the staff know that's what's
going to have to happen.
COMMISSIONER MURRAY: I have a question.
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: You mentioned about the 14th.
Are you talking about this 14th, this Friday?
CHAIRMAN STRAIN: Well, that's something we have got to
talk about at the end.
COMMISSIONER MURRAY: You used the 14th.
CHAIRMAN STRAIN: Yeah. The 14th was that -- this coming
Friday afternoon is open for a continuation of those items that we
don't get to tonight that aren't, obviously, going to have to be
continued until after the holiday, if we want to continue with the
clean-up of the document. But that's at this Board's discretion.
COMMISSIONER MURRAY: It occurred to me that if we're --
tomorrow the Cocohatchee thing might actually die. Maybe tomorrow
might be a good day since we have invested that day already as
opposed to going to the 14th. Because tomorrow was committed and
it looks like we may have a very short meeting relative to
Cocohatchee.
Page 18
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;:".:', cr
December 12,2007
'", E' ,
'""', i:
eLl 'J l'
Does it make sense?
CHAIRMAN STRAIN: It does. But about -- a little before we
finish tonight, I was going to throw the options on the table and see
what you all wanted to do.
COMMISSIONER MURRAY: Okay.
CHAIRMAN STRAIN: We do have to continue to a date and
time certain. So not knowing what's going to come out of tomorrow
morning and how long it may take, we have got to see if we can do it
that way.
Mr. Schiffer.
COMMISSIONER SCHIFFER: Small problem. I won't be able
to make it on the 14th. If you think we could -- we're going to talk
about this on the 14th because I did have a lot of things I wanted to
talk about. So I'm not going to be here.
CHAIRMAN STRAIN: We don't have to discuss it on the 14th.
Brad, if we go to the 14th, we're still not going to finish because there
are other items on this agenda that can't be accomplished between now
and --
COMMISSIONER SCHIFFER: Table that one if you --
CHAIRMAN STRAIN: We are going to be coming back, if
nothing else, for the outdoor seating one. And when we come back to
that one, we could clean up any of these others that are lingering that
need further review. And I certainly would want to hear your input on
it. So I think that would be something that we'd naturally defer.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Okay. Catherine, let's try the next door.
MS. FABACHER: Okay. We'll try the next one. We are on
summary sheet "L." This will be Section 5.06.04, sign standards for
specific situation. It's page 103. We have Jennifer Belpedio here and
members of the staff of the supervisors of elections to -- to explain this
amendment request.
CHAIRMAN STRAIN: Before we go into an explanation, does
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December 12, 2007
anybody have any questions on this particular request?
COMMISSIONER MURRAY: Let me see.
(Commissioner Vigliotti left the boardroom.)
COMMISSIONER SCHIFFER: Any questions on it?
CHAIRMAN STRAIN: Yes.
COMMISSIONER SCHIFFER: Well, I have comments within
it.
CHAIRMAN STRAIN: I mean, normally we walk through it
page by page. I just want to see ifthere was -- how much of a concern
we had as a Board to maybe expedite Ms. Belpedio's presentation if
we don't have a lot to worry about.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: So I will start with questions of the
Board first. And, Jennifer, you can kind of guide your presentation by
the direction of the questions. Maybe that will help move things
along.
Mr. Murray and then Mr. Schiffer.
COMMISSIONER MURRAY: This might be more for -- gosh, I
went blank. You.
MS. FABACHER: Okay.
COMMISSIONER MURRAY: I apologize.
MS. F ABACHER: Not a problem.
COMMISSIONER MURRA Y: All day is not good for me.
(Commissioner Vigliotti returned to the boardroom.)
COMMISSIONER MURRAY: Looking at the words on page
103 change for a second -- and I have a note in here to myself. The
sentence doesn't make sense to me, form of latter. Let me read it.
Maybe it will make sense this time.
"Many of the proposed changes amplifY the difference and
treatment between signs that expressly advocate the election or defeat
of a candidate or the approval or rejection of an issue scheduled for
consideration at an election or referendum and signs that generally
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advocate political views or policies." I wasn't sure what the distinctive
difference was.
MS. F ABACHER: Yeah. I think that's -- we'll let the author
address that.
MS. BELPEDIO: Jennifer Belpedio, Assistant County Attorney.
The difference between these two different types of political signs is --
I guess, I should probably just give you an example. A sign that says,
"Please vote for Mr. Smith," is a sign or a political sign that is
advocating for somebody that's coming up for election. A sign that
says, "I don't like Mr. Smith," just generally don't like him, that is a
sign that has political position, a more general statement of your
politics.
It might not be necessarily specific to a President or whatever the
case may be, but it's more generic. It's not on a ballot necessarily.
Does that --
COMMISSIONER MURRAY: I understand your example. I
wondered -- so in the context of political speech, we don't want to
charge in one case, but we want to have a fee in another.
MS. BELPEDIO: In the case of signs that are bringing forward
an issue that is being considered at an election or a person that is a
candidate at an election, those signs are limited in duration, the
amount of time that they can stay up.
COMMISSIONER MURRAY: Yes.
MS. BELPEDIO: Signs that are more general are not limited in
duration. You can have a sign on your property that says, "I'm against
the war," or, "I am for the war," whatever the case may be, all year
long. That's what the case law really says in my opinion.
But a sign that is specific to an election, I believe that sort of
position is a slightly lesser protected speech. It comes and goes. It's
important, but nonetheless it can be limited in duration. And also a
permit would be required for that sign, not for the sign that's more
general.
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COMMISSIONER MURRAY: Let me see ifI understand you.
I think I do, but let me just check.
IfI said I didn't like Joe Blow and I had a sign on my property, I
wouldn't need a permit for that?
MS. BELPEDIO: Correct.
COMMISSIONER VIGLIOTTI: Not?
COMMISSIONER MURRAY: And I could have it all year?
MS. BELPEDIO: Yes.
COMMISSIONER MURRAY: Okay. But ifl said in a sign
next to it that said, "I don't like Joe Blow. I like Charlie Jones," that
one I have to get a permit?
MS. BELPEDIO: If Charlie Jones was being considered a
candidate at an election, yes. It might help to mention that I'm not in
this revision seeking to change any of the regulations in regard to this
distinction. I mostly just wanted to make it clear. I do not believe that
Community Development requires right now a permit for signs that
will say, "For the war." "Against the war."
COMMISSIONER MURRAY: I recognize this is treading into
difficult territory because the subtleties are so many. And I can
appreciate that. I'm not sure that -- it seems to me if we're going to
regulate speech through a permit, we ought to do it universally.
Maybe I'm in error, but that would be my conclusion.
Because in dealing with the subtleties I kept coming back to the
question of: We are regulating speech at a fee in one instance and not
in another. And that distressed me. So maybe I'm wrong, but I think I
will listen more to what you have to say.
I did have -- well, are we doing it page by page?
CHAIRMAN STRAIN: Bob, I thought we'd go through any
general questions to help Jennifer know where the concerns are.
COMMISSIONER MURRAY: I can wait. I think it's good to
move around.
CHAIRMAN STRAIN: Brad, do you have any?
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COMMISSIONER SCHIFFER: Yes, I do.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER SCHIFFER: Jennifer, we have a definition
for political sign, yet in a couple of places where you use it you again
provide, in a sense, the definition. Is there a reason for that?
For example, 12(A)(i) you use a political sign. I mean, wouldn't it be
better just to bold that because it's a definition and then -- rather than
repeating what you have underlined, unless there is a reason?
You also do it in 7. I thought I saw it someplace else. In other
words, once we come up with a definition, we don't need to keep
defining it, okay?
MS. BELPEDIO: I understand what you're saying. I specifically
called out the type of political sign for a reason. And in the instance
of l2(A)(5), I made it clear that it's only the signs that advocate the
election or defeat of a candidate or approval or rejection of an issue
that -- where a bulk permit is required. That's what I'm trying to do.
If it is not clear, we can certainly work on making it more clear.
COMMISSIONER SCHIFFER: In other words, go back to the
definition of political sign, which is what you call a political sign. Is
there something else in that definition?
In other words, is there different types of political signs? There
are?
MS. BELPEDIO: Yes. Political sign I would say would be the
general category and then there is subcategories. There is signs that
advocate the election or defeat of somebody or the -- something on a
referendum. And then there is a whole separate class of political signs
that is just more general views and viewpoints.
COMMISSIONER SCHIFFER: And is that the sign that in your
definition you define as, "Or a sign put forth by an organization
regulated by --" okay. Maybe you should come up with two different
definitions and use the one where it applies, I guess.
MS. BELPEDIO: That can certainly be done. It can be really
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structured any way that we wish, certainly.
COMMISSIONER SCHIFFER: Okay. So what you are saying
though, which is another question for you, is that back in the
definitions you're defining two conditions in which you could have
political signs. The first one is the candidate or the referendum and the
second one is something regulated by Chapter 106, which is -- is that
the antiwar sign or something?
MS. BELPEDIO: There is actually the -- the signs regulated by
Chapter 106 are more of a catchall. It was just in the event that the
sign didn't fall into -- squarely into one or the other category.
COMMISSIONER SCHIFFER: Okay. So then isn't the intent of
12(A)(i) to include or not include them?
MS. BELPEDIO: Not. Not.
COMMISSIONER SCHIFFER: Okay.
MS. BELPEDIO: And I would certainly be fine with taking out
the reference to 106. I see it as being a little redundant, but it was
something that came out of our committee meetings. We put together
a committee with different staff members from Community
Development and Supervisor of Elections.
In my opinion, it doesn't have to be there. I was just trying to
make sure that all the different input made it into the -- the definition.
COMMISSIONER SCHIFFER: But my concern goes back to --
for example, if we had a definition of dog, a four-legged creature with
fur, every time you use the word "dog" you're repeating a four-legged
creature with fur, then later you use the word "dog" and you're
repeating that.
So if that's not what's happening here, then, I guess, that's good.
The other question is the written permission from a property owner. I
mean, I, for candidates, have gone around and put these signs. What
is the intent there?
MS. BELPEDIO: I should first start by telling you that
permission was only required from property owners that were owners
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of property that was residentially zoned. So what I did is I changed
the provision to make it apply to requiring permission from all
property owners. The written permission requirement is in the event
that, you know, Code Enforcement, for whatever reason, says to
somebody, "Take that sign off. That sign shouldn't be there," and
somebody says, "Well, I have the owner's permission".
Well, then Code Enforcement is left to have to find the owner
and say, "Is this true?" It puts the onus more on the person with the
sign to say, "I have the permission."
COMMISSIONER SCHIFFER: How would Code Enforcement
-- in other words, if the sign is properly placed, they would have no
reason to question it, let alone question whether it has written
permission or not. So how would that event ever happen?
Ifthe owner doesn't like the sign, from my experience, they rip it
out, throw it up in the air and sometimes dance on it. So it's not an
issue. But, I mean, it's in there.
So what is the intent? That people running campaigns will have
to keep logs of where all the signs are and written permission from the
owners?
CHAIRMAN STRAIN: Brad, I have been involved in the past in
some of the elected officials' campaigns. I'm thinking of one, Max
Hasse, years and years ago. I physically went around and got
permission slips signed for those political signs. Some of that is
already in the ordinance, isn't it?
MS. BELPEDIO: That was not a change. You will see what is
underlined here because I broadened it to require permission from the
residential and the commercial. But I just lifted the language that said
written permission previously. You know, I was not directly involved
in preparing that. But to me when I looked at it, it made sense.
CHAIRMAN STRAIN: I'm sorry. I think the requirement for a
sign out by the property owner is already there, I believe, somewhere.
I don't know why it appears as new language, but maybe because
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it's moved into this section and it's duplicated in this section.
COMMISSIONER SCHIFFER: I mean, you get approval, but
the concept of writing it -- what did you do, Mark, in that case; you
just had a log of signs?
CHAIRMAN STRAIN: The County had a form. They printed a
form off and had people sign it. That's how it was done in the old
days.
COMMISSIONER MURRAY: Yeah. I would like to--
CHAIRMAN STRAIN: Well, Mr. Vigliotti will be after Mr.
Schiffer.
COMMISSIONER SCHIFFER: I'm through. I'll fold.
CHAIRMAN STRAIN: Mr. Vigliotti and then Mr. Murray.
COMMISSIONER VIGLIOTTI: Jennifer, could you possibly
make up some samples, some examples of the difference of which
ones would need permits and which ones wouldn't, because the
wording can be very similar.
MS. BELPEDIO: Okay.
COMMISSIONER VIGLIOTTI: I think that would help
everybody.
MS. BELPEDIO: Okay. And the permit is a bulk permit. As
you may all know, the permit is a one-time permit for any number of
signs. The type of signs that would fall within that permit would be
the signs that advocate the election or defeat of a political candidate or
advocate for a particular position that is scheduled on -- at election. It
could be a referendum or whatever the case may be.
CHAIRMAN STRAIN: Okay. Mr. Murray.
COMMISSIONER MURRAY: And that's -- I had this question
having to do with property owner as such. Are you using that
generically?
You could have lessees on the property, renters on the property.
Would you not unintentionally cause a restriction, a condition that
would not be very good?
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December 12, 2007
I -- are we going to use the term property owner to be those who
occupy the premises?
MS. BELPEDIO: My intention was to mean the actual property
owner and not some agent or lessee or otherwise.
COMMISSIONER MURRA Y: Many properties are owned by
people who live in Wisconsin, et cetera, et cetera, et cetera, et cetera.
And it would be an inordinate burden, I think, to try to track those
people down in a campaign. It becomes a secondary restriction to
political speech.
So I would say you either embrace adding lessees and whatever
appropriate political language or somehow broaden it.
MS. BELPEDIO: Okay. That is something definitely to
consider. I look at it from the standpoint of the -- any potential
violation to run with the land and it's ultimately the property owner's
property that he has to protect. I understand what you're saying. It
could be put in there. Certainly we could see how it goes.
This, I think, essentially is a work in progress. We were directed
by the Board of County Commissioners to make it clearer. I want to
make it clear, but I'm going to tell you that it's not going to be perfect.
So if we can get it better every time, I think that we've met our
objective. And so that's something we can certainly --
COMMISSIONER MURRA Y: I know that it's pertinent in
residential. I know it's pertinent in particular for vacant land and it's
certainly pertinent for commercial activities where there's more than
likely a renter or lessee.
CHAIRMAN STRAIN: Okay. I had -- this whole change, what
brought it about?
MS. BELPEDIO: My understanding was that there was a couple
of issues where there was some vehicles with signs on them in the
County. And there was need to interpret these provisions. And it was
determined that some ofthe provisions could be more clear.
So the County Attorney brought to the Board, along with me,
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December 12,2007
some, you know, places where the code could be better. And that's the
memorandum that's in your package. The June 12th memorandum.
And based on this memorandum, our office received direction to go
forward with the amendments.
Now, you might think, "Well, I don't see anything here about
trucks, so how does that make -- how does that work?"
CHAIRMAN STRAIN: That's my next question.
MS. BELPEDIO: And I took a look at a bunch of different
regulations that we have existing in Collier County. And I believe that
we're relatively covered with where we need to be without drafting
more regulations.
For instance, a truck with a sign strapped on the back is driving
down the road. If there is a chance of it falling off or being a hazard,
there is a statute that speaks to that. The person can be pulled over
and cited for that. Not based on the speech on the sign. It could be
anything. It could be a soapbox really. But that is covered, I believe.
Issues of vehicles being parked in right of ways or swales, there
is an ordinance about that. Vehicles, I believe, were being parked at
polling places. Polling places have certain areas that are off limits for
campaIgnmg.
If the vehicle with the sign is in that area, then it is a violation of
the State statute. I didn't, when I looked at the issues, believe that
there was true reason to further regulate vehicles with political signs
on them.
CHAIRMAN STRAIN: Ifthe whole reason this came about is
because of vehicle signs and yet you feel we're already covered in the
code, then why are we doing all this?
MS. BELPEDIO: Well, sometimes you review provisions. And
while you're there looking for things that can be improved that you
later find out don't need to be, you find other things that may be.
CHAIRMAN STRAIN: Has any of this been a problem though?
In the things that you've changed, have you had any issues with these
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December 12,2007
things that would generate a need to change the language that we have
got in front of us tonight?
MS. BELPEDIO: I did receive comments from staff Code
Enforcement through the committee process and I obtained their wish
list, as far as what could be done better, where do they have gray
areas. So Ijust tried to clarifY in those areas.
CHAIRMAN STRAIN: Do you have a list of the number of
complaints that have been filed that would trigger the need for this
language?
I'm just wondering -- we have gone to a great extent now to start
permitting things and creating more codes. I don't know ifthere is a
need. I don't remember ever passing someone's house where I see
signs go up that are advocating a position. Not that many people do
that.
Even if they did, I'm wondering how -- what would be wrong
with your expression of freedom of speech, especially for a political
cause coming up and it's on your own property. Other than the fact
that the sign obviously would have to be safely erected as required.
And if it was in the back of a truck, you couldn't blow off like all the
construction equipment that does all the way anyway and no one
enforces that rule.
I'm just -- don't see -- I'm just puzzled as to the need for this. It's
just a further reduction of -- more rules to reduce freedom of speech.
I'm just wondering why we need to go there.
Anyway, I know you had a pre-thought discussion you wanted to
have with us. I wanted to make sure you understood what we're
thinking now. And you've had several of us comment to you.
If you have more you want to add to it, please go right ahead.
MS. BELPEDIO: Okay. To answer your question, I don't have a
list of instances. And I have received some concerns about
commercial property owners feeling like they have no protection of
their property because signs were sprouting up on their property. And
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December 12, 2007
they were not present persons or entities and it was difficult for Code
Enforcement to differentiate between a sign that was allowed or not.
Now, you might say, "Well, why doesn't the commercial
property owner just pluck them out?" But there are ways when signs
are not allowed that a person can -- you know, they can complain that
the candidate is using their property inappropriately.
So it was just trying to make some consistency in here with you
need permission if it's residential or not.
CHAIRMAN STRAIN: Jennifer, but there is a rule -- I mean,
why -- my recollection, and I haven't really gotten involved in
campaign signs for a number of years. In the old days there was a
requirement to get a signature from a property owner. I physically
had to go around and do that. I had to create lists of the corners and we
had to go through the tax assessor's office and find those addresses and
go seek those people out.
Are you telling me that's not required anymore?
MS. BELPEDIO: I don't know if that is required. According to
our code, you only need -- the way it is now, you only need
permission from a person that owns property in a residentially zoned
district. There might be something that our Supervisor of Election
staff might be aware of, as far as qualifYing and process that they do.
I'm not sure.
CHAIRMAN STRAIN: Well, I would like to ask them because I
know that something was in place. It was required. And David
Carpenter is there. I know he remembers the campaign of Max Hasse.
I mean, we both were involved in things back in those days.
So I'd certainly like to understand why I was going out getting -- ten
years ago and I was digging up all these owners. And they were for
commercial properties. We didn't generally put them on the corners of
intersections where there was residential. It was commercial
properties.
Maybe, if they don't mind, we can get a comment.
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December 12, 2007
MS. BELPEDIO: Sure.
MR. CARPENTER: I'm obviously not the sign expert, but as I
recall --
CHAIRMAN STRAIN: David Carpenter, for the record.
MR. CARPENTER: Dave Carpenter with the Supervisor of
Elections office. The requirement was certainly for commercial
property. I'm not certain whether the same written permission
requirement existed for residential property, which, in all honesty,
may have led -- if there was a vacant lot somewhere somebody could
plant signs on a residential area without any permission. And I'm not
certain that this code isn't simply making consistent between
commercial and residential on property owner's permission.
I think it was required written for commercial, but permission on
residential. I think there was a difference that existed there, Mark.
CHAIRMAN STRAIN: Right. So really if we wanted to tighten
up a little bit, wherever in the code requires it for commercial, we just
simply say, "Commercial and residentiaL" And we have two words
added to the code and we're done.
COMMISSIONER ADELSTEIN: Right.
CHAIRMAN STRAIN: That is a much simpler way to eliminate
four pages ofLDC amendments, especially ifthey're not going after
the original cause that generated the need in the first place.
Thank you, David. I appreciate your time tonight.
Mr. Schiffer.
David, I think there is one more question.
COMMISSIONER SCHIFFER: So what you're testifYing is that
it was commercial that requires the written signature, not residential?
MR. CARPENTER: As I recall. And I'd have to research it. In
the original code one may have required and one may not have
required.
Now, I'm guessing it was commercial that required. And I think
with residential it said you had to have the owner's permission, but
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probably didn't say owner's written permission.
CHAIRMAN STRAIN: Okay.
MR. CARPENTER: I'm thinking -- I think that may have been
the difference on it, Mark. But without the previous code in front of
me and not being an expert on that, I couldn't tell you.
CHAIRMAN STRAIN: Well, if you remember before that
overpass was put up on Airport Road, the corner there that the -- one
of the Collier families owned, that was one of the most popular spots.
And I remember having to go and get that signature waiver for that
corner multiple times. It was a commercial corner, a PUD corner.
Anyway, it was a requirement. And I think maybe we can
simplifY this whole thing --
COMMISSIONER MURRAY: I agree.
CHAIRMAN STRAIN: -- just by making that change to
wherever it is in the code now and save four pages of rewrite.
COMMISSIONER SCHIFFER: Mark, why make a change?
Why don't we just leave it like it is now?
I have been involved with the campaigns and you go to the door,
you get the resident's opinion -- residential -- and you put it in their
yard. And I mean --
MR. CARPENTER: To be honest, our office did not come
forward asking for changes in the sign ordinance. We feel that insofar
as signs at polling places where we have an obligation to try and keep
things a level playing field, that through State statute and through
agreements through our leases of these polling places that our office
can control the use of political signs at polling places on election day.
So basically we were simply invited into the discussion on this, but we
did not precipitate it.
CHAIRMAN STRAIN: Thank you.
Anybody else?
As far as the panel goes, that's it, David. Thank you.
MR. CARPENTER: Thank you.
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December 12, 2007
COMMISSIONER SCHIFFER: Mr. Chairman, one more
question on David Weigel's memo.
CHAIRMAN STRAIN: Yes.
COMMISSIONER SCHIFFER: One of the recommendations is
to allow two signs. I mean, what he states in here is that the Supreme
Court essentially is silent as to the number of signs you can have on a
property, but the recommendation was to allow two signs for -- against
each sign permit.
So, I guess, that means you could have multiple signs, but per
permit is how you would count them. Yet, in your draft you have only
one.
Is there a reason?
MS. BELPEDIO: Can you refer to the paragraph in the
memorandum?
COMMISSIONER SCHIFFER: It's under recommendations in
the Weigel memo, which is at the end -- I think five.
One of these says --
COMMISSIONER VIGLIOTTI: It is number five.
MS. BELPEDIO: The memo does say to amend the sign code so
that the number of signs for each residential lot or parcel is not
limited. When I actually went back and thoroughly looked at the sign
code, I realized that the residential signs were not limited. So the
amendment is not -- that particular one is not necessary because it is,
in fact, the way that we recommend it.
COMMISSIONER SCHIFFER: Right. But aren't you stating
one sign?
Let me see where I saw that.
MS. BELPEDIO: Oh, no. What--
COMMISSIONER SCHIFFER: Look under Roman numeral
four.
MS. BELPEDIO: In the --
COMMISSIONER SCHIFFER: Number of signs shall be
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December 12,2007
limited, unless -- I got it. Too big of sign. Never mind. I'm on the 32
square foot signs.
CHAIRMAN STRAIN: Jennifer, this panel seems to be leaning
to the fact that this isn't really needed. There has not been a -- it
doesn't seem to be a large warranted call for it. Comments from the
Supervisor of Elections office indicates that there may -- if they have
any issues, they seem to be under control. I'm not sure why we need
to get into this.
Does anybody else feel differently?
COMMISSIONER ADELSTEIN: No.
COMMISSIONER SCHIFFER: Ifwe decide we don't want to
do it and we don't make any changes to it, doesn't it go to the
commission anyway?
So shouldn't we package it the way we think it should be for the
commission?
MS. BELPEDIO: My direction -- our office's direction is to
bring something to the Board. So my recommendation, even if you
can't stand this at all, is to at least, you know, say -- we are going to
give the Board a synopsis of what your recommendations were.
You know, CCPC hates it. However, if it were to go through --
because I would hate to kill it now and then not follow through with
the direction I've received. But I can certainly note any objections that
you have to make sure that the BCC is aware. That's why you're here.
They might agree with you.
CHAIRMAN STRAIN: Well, I've got a suggestion that might
resolve it simply. All the items that are underlined take out and all the
things that are crossed out put back in. How is that?
Ms. Fabacher.
MR. SCHMITT: Mr. Chairman, over here.
CHAIRMAN STRAIN: I'm sorry. Go ahead.
MR. SCHMITT: For the record, Joe Schmitt. Not having been
involved personally in being directed, but I believe this was a
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December 12,2007
direction of the Board to the County Attorney. And I may have to
defer to Jeff to validate that, but it was -- there were two different
commissioners involved in discussions about the political signs and
use of political signs during the election.
CHAIRMAN STRAIN: Joe, the testimony from Jennifer was
that this came from an issue with vehicle signs that this doesn't address
that she has since discovered is already addressed in the code.
So why are we creating something that doesn't seem to be the
direction of the Board?
MR. KLATZKOW: If you make a motion to announce the
recommended rejection of this. That would be taken to the Board.
And, you know, I am pretty sure that the Board will hear what you're
saymg.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: Yeah. I think what should be
taken to the Board is a recommendation that Jennifer found when
researching this that it is actually already covered in our code and we
don't need to add any language. And that's what we should -- that was
her testimony. And I think that's what we should forward.
CHAIRMAN STRAIN: Was that a motion?
COMMISSIONER CARON: That's a motion.
CHAIRMAN STRAIN: Is there a second to the motion?
MS. BELPEDIO: Commissioner Strain.
CHAIRMAN STRAIN: Yes, ma'am.
MS. BELPEDIO: Respectfully, my testimony was that in regard
to recommendation number four solely. So certainly that is four --
five. Recommendation five solely, not in the aggregate of every
recommendation.
CHAIRMAN STRAIN: Well, wait. There is a motion on the
floor. Let's get a second or withdrawal of it for further discussion.
What would you like to do?
COMMISSIONER CARON: Well, I would like to withdraw it if
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you're telling me that you're -- I mean, I don't believe that's what you
said. You're saying you only want that statement to apply to number
five, Roman numeral five, which says, "All supports shall be securely
built, constructed and erected to conform to the requirements of this
code" ?
MS. BELPEDIO: I'm speaking about paragraph five of the
memorandum. There was a list of --I'm sorry, Commissioner Caron.
There is nine recommendations there.
COMMISSIONER CARON: Right.
MS. BELPEDIO: And Commissioner Schiffer specifically said,
"Well, where is the amendment, as far as your recommendation to
five?"
And my intention was to convey the fact that residential
properties are not limited in the number of signs that they can have.
CHAIRMAN STRAIN: Jennifer -- okay. I think we're off on
another wrong tangent somewhere.
COMMISSIONER CARON: Yeah. I think that we are off on
two different things. When you talked about that, that had to do with
the number of signs, not whether those signs were on vehicles or not.
MS. BELPEDIO: Correct.
COMMISSIONER CARON: My point was you stated that the
original charge from the Board was to look into to control vehicle
signs. And when you looked at the code, you found numerous citings
and it's already covered under the code where the vehicles can park, if
they can park in a swale, if they can park -- you know, how close to a
polling area they can park. That's already all covered.
MS. BELPEDIO: Right. We're on the same page, correct. I
apologize for the confusion, yes.
COMMISSIONER CARON: My recommendation was that you
merely go to the Board and say, "When researching what you asked us
to do, I found that you're already covered, Commissioners, in your
code. So you don't need to add any additional language to the code."
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December 12,2007
And that was where I was trying to go based on what you said earlier.
MS. BELPEDIO: I understand.
CHAIRMAN STRAIN: That's a good statement. Mr. Adelstein
had a comment and then we'll put it up for a motion.
Mr. Adelstein.
COMMISSIONER ADELSTEIN: Just one quick question. It's
not a question. Basically if you own a property, you don't need to
have one sign there or two signs there or three signs there. You have
the right to tell the person that you've allowed to put them up. But
they can put two or three signs in one area for three different people.
MS. BELPEDIO: If it's commercial property, there is a limit on
the number of signs. And that limit is one sign per lot or parcel. That
hasn't changed from what exists now to the proposed.
COMMISSIONER ADELSTEIN: I've been in this town for the
past four years and each time I've done it for three different people and
it's in there and never had it changed.
MS. BELPEDIO: Right.
CHAIRMAN STRAIN: Well, we're not changing. What we're
suggesting is -- and I think Ms. Caron can make the motion.
COMMISSIONER ADELSTEIN: I'm sorry.
CHAIRMAN STRAIN: We're going to recommend -- well, I'll
let Ms. Caron do it.
Ms. Fabacher.
MS. F ABACHER: I just have one comment. I want to direct
you to page 106. It's also in the reason.
Previously you were only allowed to keep it up for 45 days and
the law has changed -- the Florida law has changed and now it's
allowed to be 66 or 67 days. So Roman numeral seven there on page
106, that is a substantive change that does change how long you're
allowed to leave the sign up.
CHAIRMAN STRAIN: Well, I mean, if that's the whole--
MS. FABACHER: I'm sorry. It just hasn't been mentioned.
Page 37
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December 12,2007
COMMISSIONER CARON: Absolutely. And it hadn't been
mentioned.
MS. F ABACHER: I just wanted to point out that that is one of
the changes that hadn't been brought up.
CHAIRMAN STRAIN: Okay. But we've got four pages of text
here all for one change, as far as how long a sign can stand for.
COMMISSIONER MURRAY: It's not even in there.
CHAIRMAN STRAIN: You guys can come back with that in
another cycle because no one is really -- we don't have a lot of
complaints flooding in right now. I'm not sure how far we need to
confuse this issue by trying to salvage some of it.
What are the thoughts of the Board?
COMMISSIONER MURRAY: I would agree with you that we
should reverse the language in there, but I would hope that you would
take notice of the issue that I raised having to do with ownership and
lease arrangement. Other than that, I think the more -- the simpler the
better in this case.
CHAIRMAN STRAIN: Well, if we reverse the language that
whole property ownership thing goes away --
COMMISSIONER MURRAY: It goes away quickly.
CHAIRMAN STRAIN: -- to the system we have now.
Well, Ms. Caron.
COMMISSIONER CARON: Well, I would like to make a
motion --
COMMISSIONER MURRA Y: It does say property owner.
COMMISSIONER CARON: -- that simply says what I just said
to you minutes ago. That when you looked at the code you found that
there were not changes made.
Now, to the issue that Ms. Fabacher brought up -- because it is
true. It says here right on page 103 that according to Florida law we
have changed from 45 to 66 days. I think we can make that -- change
it. Again, why do we need to rewrite the whole paragraph?
Page 38
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December f2,'~007
Change it from more than 45 calendar days to 66, whatever it
takes. I mean, don't make the changes more difficult than they have to
be. Let's -- the code just -- apparently Florida statute just changed
from 45 days to 66. Let's just do that. Change it from 45 to 66.
MS. F ABACHER: I might say that I think the Supervisor of
Elections advised us that it may change again. And they suggested or
recommended that we cite the Florida statute that changes -- and as
that change -- as that Florida statute changes, we won't have to change
the LDC. But when they issue the permits for the bulk permit, they
will put on there now 66 days.
COMMISSIONER CARON: The number of days. That's fine.
CHAIRMAN STRAIN: Okay. Again, are we going to make
sure we have a clear motion?
COMMISSIONER CARON: Let me just make a statement here.
Look how easy that is. That's a couple of sentences that don't have to
turn into paragraphs or convoluted statements.
We will just say that we will cite the statute. Again, as the
permits get issued, they will be issued with the correct number of days
on it, whatever that happens to be. If they change it again next year to
be 75 days, then next year's permits will all say 75, right?
MS. BELPEDIO: That works.
COMMISSIONER CARON: So in an effort to keep things as
simple as possible and make as few changes as possible, why don't we
do it that way?
CHAIRMAN STRAIN: Okay. Now, in the threat of just being
more painful, can you just make a motion that is concise, clear to the
point?
COMMISSIONER CARON: Yes. We are going to do two
things. Jennifer is going to go to the BCC and tell them when she
researched the charge she was given, which was to look at vehicle
signs and what issues and problems there may have been, she found
that our code covers every conceivable thing that she can think of.
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December It, 2607
CHAIRMAN STRAIN: Okay.
COMMISSIONER CARON: And so that no change is needed to
the LDC.
CHAIRMAN STRAIN: For that purpose.
COMMISSIONER CARON: For that purpose.
Number two, we will change paragraph seven to update it for
Chapter 2007-30, laws of Florida, I believe, that have changed a
reference from 45 to 66 days. We don't need to put the 45 to 66. We
are just going to cite the statute.
CHAIRMAN STRAIN: Okay. So your motion is basically--
Jennifer has got the background and then we are going to cite the
statute.
Is there a second to the motion?
COMMISSIONER ADELSTEIN: I will second it.
CHAIRMAN STRAIN: Second by Mr. Adelstein.
Discussion?
Mr. Murray.
COMMISSIONER MURRAY : Yes, sir. I just -- I presume as
part of this that you're basically removing all the new language and
going back to the old language. Am I correct in that?
COMMISSIONER ADELSTEIN : Yes.
COMMISSIONER MURRAY: Then I would really like to call
your attention to the fact that it -- wherever the use of the property
owner is there that it be enhanced to include lessee or renter or
whatever is appropriate.
COMMISSIONER SCHIFFER: No, no.
CHAIRMAN STRAIN: You're reinventing the wheel again.
We're not -- what we said is we wouldn't change anything, which
means all the underlined items go out.
COMMISSIONER MURRAY: I understand you. But I was
trying to focus on the fact that I thought I made a reasonable case
before that "property owner" makes it very limited, but okay.
161 lA;}-
December 12, 2007
CHAIRMAN STRAIN: No, no. I want you to understand. The
portion of the code that refers to the property owner is not the one
under consideration tonight. That language was pulled from another
section of the code and added to this.
COMMISSIONER MURRAY: I know. But page 105, item iii,
speaks -- and where it is stricken says, "Permission from the property
owner. "
CHAIRMAN STRAIN: I understand that, Bob. But that was
added and pulled from another section of code. To do what you're
saying, we have to go to another section of the LDC.
COMMISSIONER MURRAY: Okay. If I'm in error and I don't
understand, that's fine. As long as it is being taken care of. That was
my concern.
CHAIRMAN STRAIN: Okay. Any other discussions?
COMMISSIONER SCHIFFER: Call the motion.
CHAIRMAN STRAIN: All those in favor signifY by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
Motion carries. Thank you, gentlemen. Thank you, Jennifer.
We appreciate the painstaking confusion we have had here tonight.
MS. BELPEDIO: Thank you for your time.
MS. F ABACHER: Commissioners, we're going to move to
summary sheet "N."
CHAIRMAN STRAIN: Do you have a simple one so we can
just kind of take a breather as we're going through here?
Page 41
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MS. FABACHER: Well, I'm thinking I'm going to bring in the
first line -- the first string now. I want to move to summary sheet "N,"
page 121 in your book. And this would be the return of the Historical
and Archaeological Board requirements that were omitted during
recodification. And Melissa Zone is here to answer any questions that
you might have on that. Hopefully she'll be able to make it very
simple.
MS. ZONE: What is the laughs for?
CHAIRMAN STRAIN: I'm afraid this is not going to be as
simple as you think.
MS. ZONE: Melissa Zone, Principal Planner with the
Department of Zoning and Land Development. I would like to think
everything I do at the County goes smoothly.
I am the staff liaison for the Historic and Archaeological
Preservation Board. And I have found during my -- when I was
working with our Board to designate a site, went into the code to look
to make sure everything meets and found that during the
recodification in 2004 our regulations for the Historic and
Archaeological Preservation Board were not in place in the LDC.
So I took it to my board. And we talked about not only are we
going to be bringing this in, but there is a lot of language in here that
had redundancy. We didn't want to get into a lengthy discussion on
where we wanted to modifY it. We wanted to keep it very close to the
Florida statute, which is -- which was drafted from the Federal
government's Department of Interior standards.
So what you see -- the underlined is areas that we have
incorporated in. And we have changed the references to match the
LDC's numbering system for paragraphs and sections. And there was
some areas where there were -- there were repeated language. We
cleaned that up.
Sometimes they referenced the Community Development Service
Administrator, other parts was the County Manager. So we changed
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December 12,2007
that to be consistent with County Manager and designee. So we're
coming back to amend the LDC to bring these regulations back into
the code.
Do you have any questions?
CHAIRMAN STRAIN: Are there any questions?
COMMISSIONER MURRAY: One or two.
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer and then Mr.
Murray.
COMMISSIONER SCHIFFER: Page 122. I think you want to
cross through that up above to the end of the paragraph. You're
repeating it below as number one. So cross through that. Do you see
what I mean?
"Areas for consideration," unless you want the people to read it
twice.
MS. ZONE: Well, actually how the standards for -- Department
of Interior standards they say, "The areas for consideration and
inclusion are," and then they put this all in and that's how the first one
reads. That is definitely something that -- I am comfortable with
removing that last sentence because it also references it as number
one.
COMMISSIONER SCHIFFER: Right.
MS. ZONE: But I'm just saying that's where we followed it.
COMMISSIONER SCHIFFER: So you think it should be in
there twice?
MS. ZONE: No. There was a lot of redundancy I took out, but I
didn't want to modifY the Department ofInterior's, as well.
COMMISSIONER SCHIFFER: And then the other question is
that -- the impression I got is that this is kind of a scrivener's patch.
But in this text is there any way we can tell what's new words and
what's just pulled in from the old code?
I mean, everything is underlined. There is nothing that's
essentially double underlined where you have added words to the prior
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13'ecember n,~1007
code.
MS. ZONE: We have that submitted through the changes. I see
that they're not in here. If you want me to bring it back to place it in --
I mean, I don't see -- most of it was omission.
CHAIRMAN STRAIN: I think I know where Brad is going
because I have gone there, too. I actually pulled the old code and I
looked at it and compared every sentence to each sentence you put in
here. There are a huge amount of changes.
MS. ZONE: Right.
CHAIRMAN STRAIN: Now, I'm not saying they're substantial,
but in some cases you have taken out big sections of the paragraph,
which when we read the introduction of this it didn't seem like that. It
seemed like it was a scrivener's error. You were simply pulling the
old code into the new code.
I don't blame you for making changes, but I think what you
should have done is taken verbatim the old code, crossed out the parts
that you did not want to include. Although, you still would underline
everything, but you'd put a cross-through on those and show by a
double underline possibly where you moved them to so we could
follow it.
MS. ZONE: Correct. And I did. And on there, as I'm seeing
here, that has changed. That is, most of it, I believe, is for
housekeeping. I don't know. Catherine can assist me in answering
that.
CHAIRMAN STRAIN: Before she does, you say you did it.
MS. ZONE: Uh-huh.
CHAIRMAN STRAIN: Okay. When can you give that to us?
MS. ZONE: I could e-mail it to you. I actually -- ifthere is
access to a printer, I probably could -- because I have my laptop here.
CHAIRMAN STRAIN: No, no, no. Melissa--
MS. ZONE: You can have it tomorrow.
CHAIRMAN STRAIN: Melissa, we can't review it here tonight
Page 44
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1 A 'J--
December 12, 2007
is what I'm getting at.
MS. ZONE: But you can have it as quickly as that. So
tomorrow morning is fine me with me, if it is fine with the Board.
CHAIRMAN STRAIN: Melissa, we're not going to probably
come back until January. We need it before the next meeting.
MS. ZONE: Right.
CHAIRMAN STRAIN: But what I'm trying to say is: I don't
think we need to beat this thing to death anymore tonight. It isn't what
it's supposed to be. It hasn't got the County Attorney's review. Or if it
does, I don't know what he reviewed.
I would like to see this go through the proper channels, the
omissions and additions and changes be noted so we know what they
are. We probably will agree with you, but the point is we need to
know what they are before we can accept them. That's a simple as it
gets.
COMMISSIONER SCHIFFER: Second.
CHAIRMAN STRAIN : We don't need to make a -- we just send
it back for rewrite and come back to us, as we have instructed.
MS. ZONE: All right.
Now, you made a comment, Commissioner Strain, when you're
saying the County Attorney did not review this --
CHAIRMAN STRAIN: I don't know ifhe reviewed it, but I
want to make sure that your rewrite is reviewed. All I'm saying is
everything should go through all the departments. If you have made
changes -- for example, one of the changes you made removes the
Planning Commission and the Board of County Commissioners from
consideration of certain elements of the historic surveys.
That's fine ifthe County Attorney reviews that and says that
process --
MS. ZONE: Right. But all of that went through the final-- went
through the channels. So what -- you're telling me something that is
new to me, as well. I went through every step, took it through every
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December 12, 2007
board, every review.
So ifthat is not the case, then this is new to me, as well.
CHAIRMAN STRAIN: Jeff.
MR. KLATZKOW: I looked at this. It said to reinsert
provisions, these provisions were left out. I assumed that's all it was.
CHAIRMAN STRAIN: Okay.
MR. KLA TZKOW: I didn't review it line by line.
CHAIRMAN STRAIN: I rest my case.
Melissa, please give us the full strike-throughs and rewrites,
provide the County Attorney with it before we get it so we know that
he signed off on it and then we'll take a look at it again. That's where
it stands.
MS. ZONE: Okay.
CHAIRMAN STRAIN: Mr. Murray.
COMMISSIONER MURRAY: Melissa, on page 123 --
MS. ZONE: Right.
COMMISSIONER MURRAY: -- it says ADA. I wrote a note
here, Americans with Disabilities Act. That's not what you're
referencing though, is it?
MS. ZONE: In front of it says, "The Application for
Development Approval, ADA." And that is part of the DR!.
COMMISSIONER MURRAY: So ADA in that context is okay?
That's not a problem, Mr. Klatzkow, because it is contextual to this?
MR. KLA TZKOW: I think you're looking for an underlined
strike-through, period.
COMMISSIONER MURRAY: Period. Thank you.
CHAIRMAN STRAIN: Thank you, Melissa. We are all
covered. We want a full underlined and strike-through.
MS. ZONE: I will submit the original.
CHAIRMAN STRAIN: Thank you.
Okay. Catherine, you let me down. I asked you for a simple
one.
Page 46
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December t2,~007
MS. F ABACHER: Yeah. And I want to see if I'm going to let
you down with Mr. Wiley's revisions that were requested in the
interim watershed.
Do you want to hear that tonight or do you want to --
CHAIRMAN STRAIN: Is that in this packet that was given to us
MS. F ABACHER: Yes.
CHAIRMAN STRAIN: No. We can't hear it tonight. We
haven't read it.
MS. F ABACHER: All right. Sorry, Robert.
COMMISSIONER SCHIFFER: What page was that so -- I am
going to stick this thing in the right page.
MS. F ABACHER: He is on seven, the original.
COMMISSIONER SCHIFFER: Thank you.
MS. F ABACHER: Seventeen, the original.
Okay. In your book Joe Thompson -- we'll do Joe next.
CHAIRMAN STRAIN: What page is he?
MS. F ABACHER: Let me find it.
CHAIRMAN STRAIN: By the way, I notice Nicole came in.
She is probably waiting for a certain item. She is a member of the
public. Can we get -- is that an item we can get to tonight or is that
one we might as well just tell her we're not going to discuss tonight?
MS. F ABACHER: No. Barbara Burgeson -- well, it's in your
packet. It's in your packet.
CHAIRMAN STRAIN: The packet we just got today that not all
of us have gotten?
MS. F ABACHER: Yes.
COMMISSIONER MURRAY: No.
CHAIRMAN STRAIN: Well, I can't see how we can discuss
that tonight. Why don't we just put that to bed right now. Anything
that came in that packet today we can't go over tonight because we
haven't had time to review it.
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D!c~mtr 11 ~07 d--
Nicole, you might as well not waste your evening and sit here
and wait for us to get to something we can't discuss.
UNIDENTIFIED SPEAKER: Thank you.
CHAIRMAN STRAIN: Okay.
MR. THOMPSON: For the record, Joe Thompson. There was
actually a supplement delivered to you on November 11 th by David
Weeks at your meeting. I had him hand deliver those to you guys.
Did you receive those?
CHAIRMAN STRAIN: Well, let's start with: What page of the
document are you talking about? We'll see if we have that page.
MR. THOMPSON: I believe it is page 77.
CHAIRMAN STRAIN: Is that the one we were talking about the
redemption --
MR. THOMPSON : Yes.
CHAIRMAN STRAIN: -- with the green highlights?
MR. THOMPSON : Yes. That's the one.
CHAIRMAN STRAIN: Yes, we did get that from David.
MS. F ABACHER: For the --
CHAIRMAN STRAIN: That was given to us a long time ago so
we should have read it.
MS. F ABACHER: Excuse me. That would be Section 1.08.02
and Section 2.03.07, definitions in the overlay zoning district.
MR. THOMPSON: And the first part of the change here is just
adding the definition of redemption because the code in the original
form doesn't reference it. It is not even referred to once. They
reference actually transfer, which, from an administrative perspective,
isn't accurate the way that we process TDRs.
A transfer is actually a sale ofTDR credits. The rest of the
changes are really just -- more accurately depict the administrative
process as it goes.
If you have any questions, I would be more than happy to address
anything.
Page 48
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December 12, 2007
CHAIRMAN STRAIN: Anybody have any questions about
changing and using the word "redemption"?
COMMISSIONER MURRAY: No.
CHAIRMAN STRAIN: And it's interesting it's out in the rural
area.
Any questions, comments? Starts on page 77. Actually, it's a
handout and it's ten pages long.
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: Honestly, it doesn't seem like all your
worth waiting for here tonight.
COMMISSIONER SCHIFFER: The changes aren't that
substantial.
COMMISSIONER MURRAY: I thought it was good.
CHAIRMAN STRAIN: If there is no comments or questions
from the panel, is there a motion to recommend approval for 1.08.02
and 2.03.07 and DA.c?
COMMISSIONER MURRAY: Yes.
CHAIRMAN STRAIN: Mr. Murray, you so move?
COMMISSIONER MURRAY: I do.
COMMISSIONER VIGLIOTTI: Second.
CHAIRMAN STRAIN: Mr. Vigliotti, you second it?
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: Any discussion?
(No response.)
All those in favor signifY by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
Page 49
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December 12, 2007
CHAIRMAN STRAIN: Motion carries.
MR. THOMPSON: Thanks.
CHAIRMAN STRAIN: Thank you, sir.
We had one down. It is 6:25. The court reporter is due for a
break. Let's take a 15 minute break and be back here at 20 minutes to
7:00.
(A recess was held from 6:21 p.m. until 6:40 p.m.)
CHAIRMAN STRAIN: Okay. I know this has been confusing.
It still is. And, Catherine, I'm going to ask you again. Let's spend --
we are going to stop at quarter to seven to discuss the next meeting
date and things like that. Or quarter to eight. I'm sorry.
So for the next hour and five minutes, would you try and go a
little easier on us and not be so painful?
MS. F ABACHER: Certainly I will.
CHAIRMAN STRAIN: Thank you.
MS. F ABACHER: I apologize for my ways.
COMMISSIONER VIGLIOTTI: I apologize for my ways.
MS. F ABACHER: Okay . We are going to try. It is on page "A"
of the summary sheet. Page one in your book. It's Section 1.08.02,
definitions amending the definition of development order. If you will
recall, Chris Brown began all this process and he's moved on and it's
fallen to Carolina to pick up the standard here.
So if you have any -- page one.
CHAIRMAN STRAIN: I have that one as already being done.
MS. FABACHER: Sorry. My bad.
CHAIRMAN STRAIN: One at a time. By the way, ifthat's
what you're thinking would make it easier for us to do it twice, it's still
not productive.
COMMISSIONER ADELSTEIN: See how quick it went down.
MS. F ABACHER: And I was going to go Christmas shopping
tonight. Now I think I just need to head to the party wagon.
CHAIRMAN STRAIN: Okay. Let's try to get some order here
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December 12, 2007
and go forward.
MS. F ABACHER: All right. The next one is going to be -- now,
did we not agree to defer on page "G" of the summary sheet, page 75
in your book?
My notes indicate for TDR credit add subsection number DA to
definition for clarity. We started to do that one.
COMMISSIONER MURRAY: Yeah. Hold.
CHAIRMAN STRAIN: Guys, we have got to be careful. We're
trying to -- the court reporter is trying to write our verbiage down.
MS. FABACHER: I'm sorry. We are on page "G," Section
1.08.02, adding a subsection of reference to the TDR credit. It's on
page 75 in the yellow book.
CHAIRMAN STRAIN: Right.
Any questions on page 75?
Catherine, I have one. I know it is one sentence and I hate to do
this, but it says, "The unit representing the right." Doesn't the unit -- it
doesn't represent a right. It just represents itself.
I mean, you don't have the right until you go through the rest of
the process. Is that --
COMMISSIONER ADELSTEIN: No.
CHAIRMAN STRAIN: Go ahead, Ms. Caron.
COMMISSIONER CARON: Are you sure?
CHAIRMAN STRAIN : Yeah.
COMMISSIONER CARON: That's not new language.
MS. F ABACHER: Oh, thank you.
CHAIRMAN STRAIN : You're right.
COMMISSIONER MURRAY: Oh, my.
CHAIRMAN STRAIN: Good catch. Thank you.
Is there a motion to recommend approval of 1.08.02?
Mr. Vigliotti, are you making a motion?
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: Is there a second?
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December 12, 2007
COMMISSIONER ADELSTEIN: I'll second it.
CHAIRMAN STRAIN: Seconded by Commissioner Adelstein.
Any discussion?
(No response.)
All those in favor signifY by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Any opposed?
(No response.)
I'm certainly not opposed. I'm in favor. Catherine, thank you.
That was very complicated because of me. Now we'll go on to one
that isn't hopefully.
MS. FABACHER: Thank you. We'll be on sheet "H" of the
summary sheet. We're going to look at amendment to Section
2.03.07, overlay zoning districts. It's on page 87 in the yellow book.
CHAIRMAN STRAIN: That's -- the only changes are the words
in the second page or page 88?
MS. FABACHER: Exactly.
CHAIRMAN STRAIN: Any questions, Planning Commission?
(No response.)
Ifnot, is there a recommendation to approve 2.03.077
COMMISSIONER SCHIFFER: Move to approve.
CHAIRMAN STRAIN: Motion made by Commissioner
Schiffer, seconded by Commissioner Vigliotti.
All in favor signifY by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
Page 52
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December 12, 2007
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
Motion carries.
Next.
MS. FABACHER: Okay. The next one -- and help me with this.
My notes indicate that we didn't discuss -- I'm on summary sheet "I,"
page 89 in your book, Section 2.03.08.
CHAIRMAN STRAIN: I have got we discussed that.
MS. FABACHER: Okay. We did that? I wasn't sure.
Now we are going to move to summary sheet "J," Section
4.02.15, development standards in the Santa Barbara --
COMMISSIONER MURRAY: What page is that?
MS. F ABACHER: Page 97 in your book. It's the Santa Barbara
Commercial Overlay.
MS. VALERA: That's correct.
MS. F ABACHER: Thank you. Carolina can explain this one.
MS. VALERA: Well, actually this is mostly. Just cleanup.
Carolina Valera, principal planner with Comprehensive Planning.
Just adding, you know, clarification to this. And if you have any
questions, I'll try to answer them.
CHAIRMAN STRAIN: Carolina, the changes that you have
made, aren't those changes consistent with what the committee had
intended?
MS. VALERA: That is correct.
CHAIRMAN STRAIN: That's what I thought. I remember the date
and the timing or the number of years going from ten to seven.
Okay. Any questions on part of the commission?
Page 53
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December 12,2007
(No response.)
Is there a recommendation to approve Section 4.02.15?
COMMISSIONER CARON: Motion to approve.
CHAIRMAN STRAIN: Motion made by Commissioner Caron,
seconded by --
COMMISSIONER ADELSTEIN: Me.
CHAIRMAN STRAIN: -- Commissioner Adelstein.
Any discussion?
(No response.)
All those in favor signifY by saying aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
Motion carries.
MS. F ABACHER: Commissioners, we're going to move to
summary sheet page "M," Section 10.02.08 on page 109 of your
yellow book, submittal requirements for amendments to the official
zoning and LDC.
Page 109 in your yellow book. It is another housekeeping
recommendation.
MS. VALERA: That's correct.
CHAIRMAN STRAIN: Okay. It seems simple enough. Since
the maps were taken out, we don't need the reference to them.
Any questions from the Planning Commission?
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: Is there a recommendation to approve
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Section 10.02.08 C?
COMMISSIONER MURRAY: So move.
CHAIRMAN STRAIN: Made by Mr. Murray. Seconded by--
COMMISSIONER CARON: Second.
CHAIRMAN STRAIN: Ms. Caron.
Any discussion?
(No response.)
All in favor signifY by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
Motion carries.
MS. F ABACHER: The next amendment request is on page 111
on sheet "M" of the summary sheet. That is amendment to Section
10.02.13 to the planned unit development procedures. Add "future
land use designations, districts and subdistricts" to the GMP
conformity criteria.
CHAIRMAN STRAIN: Okay. I am going to probably break
Ms. Caron's rule here. I'm going to be careful about this.
On the second page under "C" -- in both "C" for 1-C and 5-C after
that. You underline and added the words, "And future land use
designations, districts and subdistricts."
I am trying to understand it because the existing language has,
"Conformity of the proposed PUD with the goals, objectives and
policies of the growth management plan." Now you want to say,
"Conformity of the proposed PUD with the goals, objective and future
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December 12, 2007
land use designations, districts and subdistricts."
At what time would we be looking to know if something
conforms to the future changes? Is that -- I'm trying to understand
how that came about.
MS. VALERA: That's a good question.
CHAIRMAN STRAIN: Oh, if we've got one of those time
machines or something. I'm just trying to figure out how you can
conform to something that you don't even know what it's going to be,
but yet you're committing them to the future land use designations.
MS. F ABACHER: I think they're meaning the map.
MS. VALERA: That is correct. Commissioner, it is just to
further clarifY that it also has to be consistent with the FLUM.
MS. F ABACHER: The map.
MS. VALERA: The FLUE and the FLUM.
CHAIRMAN STRAIN: Well, that's not what it's saying though.
Wouldn't you want to reference the FLUE, the future land use
element, so that we know we're not -- the way this reads to me is that
you're going to come in with a PUD and the future land use
designations may change, but you have to conform to those, even
though you don't know what they are at the time.
It says, "Conformity of the proposed PUD with the goals,
objectives and future land use designations." You mean the future
land use element, don't you; FLUE?
MS. VALERA: Yes, yes.
CHAIRMAN STRAIN: Okay. Then maybe we should clarifY
that.
MS. VALERA: Okay.
CHAIRMAN STRAIN: That's all I'm asking.
MS. VALERA: Okay. Yes, Commissioner.
CHAIRMAN STRAIN: Instead of future land use designations,
it's going to be "F " future' "L " land' "U " use' "E "element And
, " " " .
then that makes it clean. That's -- you're conforming to the future land
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use element; is that right?
MS. FABACHER: And I'm asking is the FLUM considered a
portion of the FLUE?
CHAIRMAN STRAIN: Well, ifit isn't--
MS. VALERA: I'm sorry.
CHAIRMAN STRAIN: You're asking me without looking--
MS. F ABACHER: Carolina, is the FLUM said to be a
component of the FLUE?
MS. VALERA: That's correct. The difference is just one is the
map, the "M," FLUM.
MS. FABACHER: I understand that. I'm just saying. I'mjust
saying -- so if we just say future land use element, the map will be
included?
MS. VALERA: That's correct.
CHAIRMAN STRAIN: Let's make that change.
Is that -- everybody concur--
COMMISSIONER ADELSTEIN: Yeah.
CHAIRMAN STRAIN: Okay. With that change, is there a
motion, subject to that change being made, to approve Section
1O.02.13?
COMMISSIONER MURRAY: So move.
CHAIRMAN STRAIN: A motion made by Mr. Murray and
seconded by Commissioner Schiffer.
Any discussion?
(No response.)
All those in favor signifY by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
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COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
Motion carries.
MS. FABACHER: Okay. The next amendment will be on
summary sheet "0." It's going to be Section 2.03.07, page 135 in the
yellow book. It is overlay zoning district. And this is another
housekeeping issue to expand the description area of this Santa
Barbara Commercial Overlay.
I think if you will recall -- it wasn't last cycle, but the cycle
before. Do you remember we added a whole other block to the
district?
CHAIRMAN STRAIN: Yes.
MS. F ABACHER: And the text just didn't get changed. It is on
page 135.
CHAIRMAN STRAIN: Okay. Any questions from the staff -- I
mean, from the Planning Commission?
(No response.)
Okay. All those -- is there a recommendation to approve 2.03.07
H?
COMMISSIONER CARON: So move.
CHAIRMAN STRAIN: A motion made by Commissioner
Caron, seconded by --
COMMISSIONER MURRAY: Murray.
CHAIRMAN STRAIN: Murray.
Any discussion?
(No response.)
All in favor signifY by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
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COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Motion carries.
MS. F ABACHER: Thank you, Carolina. I think you're finished.
MS. VALERA: I hope I made it easier.
CHAIRMAN STRAIN: You did a great job. Thank you,
Carolina.
Now, I think we're looking at "N." Not yours though, Carolina.
Thank you.
Item "N."
MS. FABACHER: Exactly. Summary sheet "N," page 113,
Section 1 0.02.13. That is the planned unit development procedures.
And since Ray is sick, I think Joe and I will probably field this one.
We have discussed this, I think, before. The PUD timeline for
sunsetting was originally -- we moved it to three years a few -- I don't
remember when that was. And then you got two two-year extensions.
Well, now staffhas looked at the changing market conditions and just
the burden of -- and decided to make it initially a five year and then
you can come back for two more one-year extensions.
Let's see. There was some more text added. This is on page 113.
And there was some more text added to look at -- first you have the
PUDs -- the residential PUDs with commercial components and then
you have the commercial PUDs with residential components. But
now we have kind of a new creature called the mixed-use PUD.
So we crafted some new language for that, which I assume you
have seen, which is "C," just to make it clear to what you would do if
you have a mixed-use PUD, which is what people are going to be
going to now.
CHAIRMAN STRAIN: Catherine, I have one -- you added--
under "A" and "C" you added the words, "The owner entities shall
initiate physical development."
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I'm just wondering what that means. Is it the underlying owner
of the property? Because in some cases, like shopping centers, they
may still own the property, but the development might be done by one
of the other developers -- shopping center developers in the country.
COMMISSIONER ADELSTEIN: Yeah.
CHAIRMAN STRAIN: So does that owner entity -- does that
have to be the underlying landowner or can it be anybody in control of
the property or is there a way -- do you feel that's sufficient to cover
all circumstances?
MR. SCHMITT: I think our problem was trying to identifY--
with the problem you raised exactly trying to -- because we have to go
back to somebody who is responsible. And if it's -- if it's somebody
who signs a contract to go in and build, I can't hold -- I have nothing
to go after them. I have to go after the listed owner of record of the
PUD or the property or the developer.
That's the problem we had, I think, in writing this language. To
make sure we had somebody we actually could legally point a finger
to.
CHAIRMAN STRAIN: I just wanted to make sure that we have
not tripped somebody up inadvertently. For example, the Lowe's
going in at 951 and 41 that's -- the underlying property is part of the
Eagle Creek Development, but Lowe's has been held up for a number
of reasons. And they may, for their reason, be justified not to have
sued by this.
I'm more concerned if you -- if Lowe's hadn't performed pursuant
to their contract with Eagle Creek, this would fall back to the owner
entity, not on Lowe's. Is that--
MR. SCHMITT: Well, it's actually Kite Development.
CHAIRMAN STRAIN: Did they purchase the property? I'm
just trying to figure a scenario.
MR. SCHMITT: I believe the property was purchased by Kite
Development. We would go to Kite Development.
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CHAIRMAN STRAIN: Okay. So that would be the owner.
MR. SCHMITT: They proffered the last amendment. That is
part of the problem on this. It becomes a difficult chain to figure out
who we actually go to.
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: Is there a -- Jeff, is there any better
suggestion for an entity you could think of?
If not, I mean, we have to have something in there. Maybe this is
the best that needs to ride with until --
MR. SCHMITT: I will give you an example. An older PUD,
like the Vineyards, whi ch, of course, was on both sides of 75 east and
west. And, of course, some of that was separated and developed by
other entities long ago. But let's say it didn't happen.
The Vineyards no longer owns that property. That's the issue.
Who do we go after for something like that?
I guess Pelican Bay is another great example. Somebody owns
property there that isn't developed. I mean, you know, that is the kind
of thing -- there has to be an underlying --
CHAIRMAN STRAIN: Wait a minute. If you didn't put
anything in there, if you didn't add, "The owner entity shall," and just
left it like it was, then you would end up going after whoever the legal
entity was at the time and responsible for it, regardless of whether it
was the owner entity or not. It would leave the discretion up to the
County to decide who may be the right --
MR. SCHMITT: I have no problem with that.
COMMISSIONER ADELSTEIN: That is good.
MR. SCHMITT: I have no problem with that.
CHAIRMAN STRAIN: Anybody else?
COMMISSIONER ADELSTEIN: That's good.
MR. SCHMITT: I don't know if from a legal standpoint if they
can argue against it, but I have no problem with that.
MR. KLA TZKOW: I don't know why we were making the
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change.
CHAIRMAN STRAIN: Well, let's just leave it without --let's
remove the words, "The owner entity," from "A" and "C" and then we
are back to where you have got the --
MS. FABACHER: It's also in "B."
CHAIRMAN STRAIN: "A," "B," "C."
MR. SCHMITT: That's fine. I see what you're saying.
CHAIRMAN STRAIN : Yeah.
MR. SCHMITT: I don't know why we added that. It must be for
more specificity.
CHAIRMAN STRAIN: Well, ifit doesn't hurt to not put it there,
it actually makes it more flexible for the County to react. I think it's
better to not be there.
MR. SCHMITT: The real intent was not for that specificity. The
real intent was to reduce the requirement for these things to come back
every three years.
CHAIRMAN STRAIN: Okay. Any other comments?
Mr. Murray.
COMMISSIONER MURRAY: I have a question. Does every
PUD have a TIS? Is it a requirement that every PUD has a TIS?
MR. SCHMITT: Unless it's waived.
COMMISSIONER MURRAY: Excuse me?
MR. SCHMITT: Unless it's waived.
COMMISSIONER VIGLIOTTI: Role was made up.
COMMISSIONER MURRAY: Well, the reason I ask is that on
page 118 where it refers to a TIS being the basis for the build-out --
now, I know that is old language. However, under nine where they
reference a change to the date, I thought it was a question I should ask.
MR. SCHMITT: That's language that identifies -- it's about the
only legal basis to identifY a build-out date.
COMMISSIONER MURRA Y: I appreciated that. That's why I
asked the question: Does every PUD have a TIS?
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MS. FABACHER: A starting date. A starting date.
MR. SCHMITT: Normally a completion or at least a target date
are filled out.
COMMISSIONER MURRAY: So if you didn't have a TIS,
would this function; would this particular clause function?
MR. SCHMITT: For DRIs and large PUDs you're going to have
a TIS. In fact, I would say the majority of PUDs, unless it's waived.
And if it's waived, normally build-out is not an issue.
COMMISSIONER MURRAY: I appreciate that. I wasn't
focused on that. I was focused on the question of whether or not you
have something creating a problem for you because you didn't have a
TIS waived or otherwise.
MR. SCHMITT: In most instances there is one.
COMMISSIONER MURRAY: Okay. I don't want to bring
anything up unnecessarily.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: Just one.
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: What is the virtue, especially in
the mixed-use, of building it out fast? I mean, essentially what you're
precluding here is somebody doing a slow build-out.
Now, we've heard of phantom units for cars and things in the past
that we could take care of otherwise. Why do we hold these people's
feet to the fire all the time?
MR. SCHMITT: That's why it was three years. The intent --
when this Board came into office five, six -- five and even six, seven
years ago, depended on when they were elected -- the intent of this
Board was to review all PUDs and attempt to bring PUDs up to
current standards. That was number one.
Number two was to create a process that would force older PUDs
to come back before the Board for a lot of reasons. Again, to look at
traffic corridors, to look at other type of things.
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We have been at this now for almost six years on and off in
regards to this. We believe now that the three-year rule can be relaxed
to a five-year rule.
So I answered your question, but I kind of skirted around it. The
original reason was to force older PUDs to come in and get -- that
were not vested and did not have any vested rights or any of those
types of issues to come back and at least apply for an extension. Or if
they did not get an extension, to amend the PUD in order to keep it
alive.
Grant, the sunsetting -- most people believe sunsetting somehow
makes then the zoning disappear. It doesn't. Sunsetting only prohibits
the issuance of a local development order. The zoning stays until
some action through rezoning or through the courts or through some
action of the Board removes that zoning. But that was the original
intent.
So do we -- are we looking at it for it to be five years only
because it was three? Now we're saying let's make it five. This Board
thinks that the time has passed and this should be a longer -- we'll
certainly bring that to our Board of County Commissioners.
COMMISSIONER ADELSTEIN: I think so.
COMMISSIONER SCHIFFER: It just seems -- I would hate to
think we're enforcing growth just to keep on these things.
Joe, wasn't the real intent that there was a lot of stuff out there
that was done back in the time where we didn't have anywhere near
the development standards we have now?
MR. SCHMITT: Yes, yes.
COMMISSIONER SCHIFFER: And it was really to pull them
into the --
MR. SCHMITT: Yes. And force them to update their PUD.
COMMISSIONER SCHIFFER: Right.
CHAIRMAN STRAIN: Is that all, Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah. I think so.
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COMMISSIONER MURRAY: That is interesting. If we didn't
want growth, all we'd have to do is extend PUDs out.
MR. SCHMITT: I think that's happening anyway. That's why we
have a lot of extensions.
CHAIRMAN STRAIN: Any other questions on this one from
the --
COMMISSIONER ADELSTEIN: I'll so move.
CHAIRMAN STRAIN: Is there a -- Mr. Adelstein made a
motion to approve Section 10.02.13 with the caveat that the language,
"Owner entity," would be removed.
Is that what your motion is, Mr. Adelstein?
COMMISSIONER ADELSTEIN: Yes.
CHAIRMAN STRAIN: Is there a second?
COMMISSIONER VIGLIOTTI: Yeah.
CHAIRMAN STRAIN: Mr. Vigliotti has got his hand up as a
second.
Any discussion?
COMMISSIONER SCHIFFER: What are you going to replace
owner entity with? If you take it out, then the sentence doesn't make
sense.
MS. FABACHER: We'll just change the sentence around to
make the subject -- the object the subject and -- so many percents shall
be initiated upon.
COMMISSIONER SCHIFFER: Okay. Thank you.
CHAIRMAN STRAIN: Okay. All those in favor of the motion
signifY by saying aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
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December 12,2007
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
Motion carries.
Okay. That, I believe, is all; is that right, Catherine?
MS. F ABACHER: That's all we can hear tonight.
CHAIRMAN STRAIN: Good. Then two items of discussion
before we can continue.
The first one is: By the time we have our next meeting for this --
as long as nobody on the Board objects -- I will get together with
Catherine and then we will get all the language and changes done to
this Board at least a week before our next meeting. Anything after a
week will have to go into another meeting, unless it's so insubstantial
based on my review of that that I think we can handle it at a meeting.
Is everybody comfortable with that?
COMMISSIONER ADELSTEIN: Yes.
CHAIRMAN STRAIN: Catherine, is that okay with you?
MS. FABACHER: Certainly.
CHAIRMAN STRAIN: Okay. The next thing is the date of the
next meeting. It certainly can't be this week. It can't be before the
holidays. So let's look after the holidays.
Do you have any dates in mind?
MS. F ABACHER: The 9th is all that the room was open for.
CHAIRMAN STRAIN: I don't see why we can't finish it up.
COMMISSIONER VIGLIOTTI: January 9th, I presume?
MS. F ABACHER: Uh-huh.
CHAIRMAN STRAIN: January 9th.
COMMISSIONER ADELSTEIN: Is that okay?
COMMISSIONER MURRAY: 8:30 in the morning?
CHAIRMAN STRAIN: Is it 8:30 that it's open?
MS. F ABACHER: I believe so. Let me check the schedule here
in the front of the book.
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December 12,2007
Yes, sir. 8:30. I believe we can be here all day, unless somebody
takes the afternoon. I think I reserved it for most of the day. I
reserved it until three.
COMMISSIONER CARON: That's what it says on the most
recent calendar we have got.
MS. F ABACHER: Then that's what it is. So we have it 8:30 to
3:00.
CHAIRMAN STRAIN: Catherine, what I would like to do for
simplicity -- is that will be the remaining items of the ones that have
been more or less sent back for rewrite or something. Instead of
sending us the pieces of all this sometime -- before a week prior,
before the stuff would be sent out, you and I can get together. I would
like them rebound in a new book in an order in which you want us to
hear them. And all this extraneous paperwork doesn't need to be sent
around.
We'll just have a new book where we can sit here and turn
through it page by page, do it in an organized manner and get through
that evening. Fair enough?
MS. F ABACHER: Fair enough.
COMMISSIONER ADELSTEIN: Sounds good.
CHAIRMAN STRAIN: Somebody want to make a motion that
we continue this meeting until January 9, 2008 at 8:30 in the morning
in these chambers?
COMMISSIONER ADELSTEIN: So move.
CHAIRMAN STRAIN: Motion made by Commissioner
Adelstein. Is there a second?
COMMISSIONER CARON: Second.
CHAIRMAN STRAIN: Ms. Caron.
All in favor signifY by saying aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
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DelkJ 12, !o~ )-
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Nobody opposed. Motion carries.
We are adjourned -- we are continued to the 9th.
COMMISSIONER ADELSTEIN: Okay.
*****
There being no further business for the good of the County, the
meeting was to be continued by order ofthe Chair at 7:02 p.m.
COLLIER COUNTY PLANNING COMMISSION
J!1~P,~
MA~ P. STRAIN, Chairman
These minutes app~ved by the Board on '2 - 1- 0 ~
presented ~ or as corrected.
, as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC. BY KELLEY MARIE NADOTTI,
RPR, FPR.
Page 68
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December 13,2007
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANN!NG COM~ISSION..\ ( . .,,~
Naples, Flonda :la!l!l:jala~:"':(,) _Vi
December 13, 2007 !~:,;~:~~ngl!-=--~:
..<],/,. I 1f.:#' I;-L
LET IT BE REMEMBERED, that the colli~;o2~~RtyW~i~;-
Commission, in and for the County of Collier, having conducted
business herein, met on this date at 8:30 a.m. in SPECIAL SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
C')
1'~'
CHAIRMAN:
Mark Strain
Lindy Adelstein
Donna Reed-Caron
Tor Kolflat
Paul Midney
Bob Murray
Brad Schiffer
Robert Vigliotti
ALSO PRESENT:
Jeffrey Klatzkow, Chief Asst. County Attorney
Marjorie Student-Stirling, Assistant County Attorney
Joseph Schmitt, CDES Administrator Misc. Com!S
Susan Istenes, Zoning Director Date: 3. \ 1..~
Item .d Co ((jL{) L
Copies to:
Page 1
/
,;
!/~l lA r
J.b~
December 13,2007
CHAIRMAN STRAIN: Good morning, everyone.
Welcome to the December 13th meeting, special meeting of the
Collier County Planning Commission.
The purpose of this meeting is one issue and that's the settlement
agreement that's been proffered for the Bert Harris case regarding
Cocohatchee.
We'll start out if you'll all please rise for pledge of allegiance.
(Pledge of Allegiance was recited in unison.)
CHAIRMAN STRAIN: If the secretary will please take the roll
call.
COMMISSIONER CARON: Mr. Kolflat?
COMMISSIONER KOLFLA T: Here.
COMMISSIONER CARON: Mr. Schiffer?
COMMISSIONER SCHIFFER: I'm 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 MURRAY : Yes.
COMMISSIONER CARON: And Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Here.
COMMISSIONER CARON: Full house.
CHAIRMAN STRAIN: Thank you. Okay, we're going to talk
about the agenda today, but first I have a small housekeeping matter
for next Thursday's planning commission meeting for Mr. Schmitt.
Joe, the agenda for next week was issued, and our packages were
sent out yesterday. On the agenda are Items E and F. E is a rural
fringe mixed use district discussion, and F is a new Petition
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o'ecem~er 1~, 2007
CPSP-2007-6. The packets do not contain those two items.
Can you make it clear to staff that if we don't receive them by
Friday they need to be pulled from the agenda or they will be
continued from the agenda.
MR. SCHMITT: I'll do that.
CHAIRMAN STRAIN: Thank you, sir.
Okay, as far as today's agenda, as everyone has experienced
there's been a flurry of new documents issued to us. We had one on
Tuesday, one on Wednesday -- actually, two on Wednesday, one in
the morning, one in the evening I know on today's meeting. So there's
not been a lot of time for us to have sunk our teeth into the documents
that came in this week. I wouldn't expect that we should be expected
to.
It seems ironic that after nearly a year of this settlement sitting
around waiting to get here that these changes now are coming in at the
last minute as they are.
And I will actually turn to the commission today to see how far
you'd like to go with this. But before we get into that, there's
something else that occurred on Friday of last week. There was an
SDP meeting to go over the actual blueprints that we all received the
week before. Because of that meeting, I now understand there are
new blueprints, new plans with changes on them, changes that we
certainly need to be aware of before we discuss those plans.
So with the new settlement agreement language coming out and
since we have had some about a day or two, and it may not have been
that extensive in regards to the overall document, some of us may feel
we can proceed today at least with some general discussions on the
Issue.
But I certainly expect that this meeting will have to be continued
to a day after the holidays in which we can finish discussing the items
that we certainly cannot get to today, including the revised plans and
the various -- I think it was the bald eagle management plan that came
Page 3
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december 1"3, 2007
in last night and maybe some revisions.
And then -- well, Ms. Caron?
COMMISSIONER CARON: Yeah, I think it's impossible to go
over this settlement agreement, because the settlement agreement
relies on the approval ofthe SDPs, which are just coming out now that
staff hasn't even reviewed.
It also attaches the amended bald eagle management plan and
master plan, all of which arrived while we were here last night. While
we were here doing other county business, that was e-mailed. And a
quick poll of everybody this morning, no one had received that. No
one had it printed out, no one has it, so --
CHAIRMAN STRAIN: Well, I have it here printed out.
COMMISSIONER CARON: Okay, so you got it. I got it this
morning. When I got up I printed it out.
CHAIRMAN STRAIN: Let me suggest something. There are
paragraphs -- Richard, we're having --
MR. YOV ANOVICH: I know, I was going to ask ifI can help
explain what you received. It sounds like you got a whole lot of new
documents, but you didn't. And ifI could help you with that, I would
appreciate the opportunity.
CHAIRMAN STRAIN: Okay, but let's get into -- I'm trying to
think of where I was on this thing.
There are numerous paragraphs and pages in this settlement
agreement. There are paragraphs that refer to the bald eagle
management plan, there are paragraphs that refer to the SDPs.
What I'm suggesting is, is any changes that are needed in the
settlement agreement as a result of these new documents, we can
certainly review again in January after we review the plans. But there
are some basic language issues in the settlement agreement that
haven't changed and maybe we could start working our way through
the agreement just to get ahead of the curve a little bit so that by the
time we come back all eight of us are more familiar with what's in the
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December 13,2007
agreement, more familiar with the discussion that we've had today to a
point where when we do get the corrected plans we can more readily
read them, we can more readily see how they fit to the document we
have today. That was where I was going to suggest to go.
And certainly I wouldn't want to touch the plans or an analysis of
the bald eagle management plan today because of the freshness of
those documents.
Mr. Schiffer?
COMMISSIONER SCHIFFER: And Mark, could you -- because
the agreements came by mail, bye-mail and by courier, I'm not sure
which is the most up-to-date one. It could be the last one to arrive, but
the e-mail is quicker. So before we go anywhere, could we really give
me the clue that tells me?
CHAIRMAN STRAIN: Yes. I think -- well, I've got every
rendition right here. I have the renditions from everybody that's been
sent to us since we started this process. I can certainly tell you which
ones I reviewed and then what changes I've made as a result of that.
There's not been that extensive changes.
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: A couple new things were introduced.
We had to analyze based on that. But overall, I think we can still get
some of our work done today, and I think that would be the best
solution to get moving.
But before we go into what version we should be reading from
today, I want to make sure everybody in the commission has a chance
to comment on how far we need to go today.
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Two things: I'd like to go as
far as we can, and I don't have a copy of what everybody printed out
last night.
CHAIRMAN STRAIN: Well, I don't think that we should be
discussing what was printed out last night, because we certainly
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December 13,2007
couldn't have read it between the time we got home last night and this
morning, unless -- well, we could have, but I'm not sure it would have
been read by everybody.
So I would suggest that our discussions today center on the
documents that we -- the settlement agreement through the revision we
got a couple of days ago, and that's the one that changed the setbacks
between the buildings, included some new building-to-building
setbacks that were previously struck out.
And if we could go to that version and work from that, I think we
can at least walk through the paragraphs, talk about our concerns
about each paragraph. And ifthey linger on the new documents, we'll
just skip that paragraph until we continue sometime in January.
Does that work as a plan for everybody here today?
COMMISSIONER MURRAY: We'll give it a try.
CHAIRMAN STRAIN: Okay. And Mr. Schmitt, is there some
way that you could find out during -- before the end of to day's
meeting when in January or -- when the next meeting time we'd have
available to meet in this room?
MR. SCHMITT: Yeah, I'll try and get some dates in January to
see when we can move this. At least -- it's going to be at least four
hours, I would imagine.
CHAIRMAN STRAIN: Right. But I would also suggest that
you look at evenings as well. I mean, we're willing to meet in the
evenings. We've done that in the past. And in some cases it may be
more advantageous to the community to meet in the evening.
So I'm not saying that's the first choice, but as a backup date or
time, that would work.
Mr. Murray?
COMMISSIONER MURRAY: There are no sequences to the
numbers that we've received, so I -- just to identify, are you--
CHAIRMAN STRAIN: I'm going to do that in a minute.
COMMISSIONER MURRAY: Okay.
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December 13, 2007
CHAIRMAN STRAIN: I want to make sure we finish.
Everybody's in agreement then, we're moving forward, and we'll do
that.
Now, the version that we should be reviewing I believe today
was issued on 11/11. And if you turn--
COMMISSIONER MURRAY: Not the 12th.
CHAIRMAN STRAIN: -- to Page 5, on the top of the page you
should have a large underlined section. Not struck through but
underlined.
And if you don't have that one, then the other one that came in
from the county attorney's office on 12/12 --
COMMISSIONER MURRAY: That's the one I focused on.
CHAIRMAN STRAIN: On 12/12 on Page 5. Well, it's got the
same thing, except on the left-hand side it's got a bold line showing
there was a correction and change made to the document. Is that the
one you have?
COMMISSIONER SCHIFFER: Yeah.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: And that has a strike through,
kind of a strike through version of it?
CHAIRMAN STRAIN: No, it's not struck through, it's
underlined.
COMMISSIONER MURRAY: They used deleted.
CHAIRMAN STRAIN: Yeah, that's the -- well, yeah, that looks
like it's the right one.
Yes, Mr. Adelstein, that's okay. Well, that works fine, too,
because there's not much difference between the II/II version -- I
mean the 12/11 version and the 12/12 version.
So are we all on the same page?
COMMISSIONER VIGLIOTTI: Yes.
COMMISSIONER MURRAY: I think so.
CHAIRMAN STRAIN: Is everybody there.
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December 11,"2007
COMMISSIONER SCHIFFER: But Mark, can I say something?
CHAIRMAN STRAIN: Sure.
COMMISSIONER SCHIFFER: Can't these documents be dated
and time stamped like everybody else so we could look at a document
and know right away and not play where is Waldo with the words and
stuff?
CHAIRMAN STRAIN: I think part of the problem's been
they've not been coming through a central person. I would have
suspected they all should have came through the county attorney's
office, but I'm not sure, based on Mr. Klatzkow's comments last night,
that any of them came from the county attorney's office. So in the
future I would like to ask that everything that is distributed on this
matter come to us from the county attorney's office, and then they can
log it in and we can know that they've looked at it and we got it.
Ms. Caron?
COMMISSIONER CARON: To that point, what came through
last night was from the county attorney's office, and it is not dated.
CHAIRMAN STRAIN: But I think we can correct that in the
future.
COMMISSIONER CARON: So I think we need to make sure
that that gets corrected, no matter what office it comes out of.
CHAIRMAN STRAIN: Ms. Student?
MS. STUDENT-STIRLING: For the record, Marjorie
Student-Stirling.
That came from the PMS office to me and I forwarded it to you.
It was not generated at our office. And that came in yesterday
afternoon, and I forwarded it to you.
CHAIRMAN STRAIN: Okay, what I think we'd like to say,
Margie, is anything that comes in to you that gets sent out to us, we
need a date stamp on it of some nature.
MS. STUDENT-STIRLING: Okay.
COMMISSIONER ADELSTEIN : Yes.
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CHAIRMAN STRAIN: Okay, and that would help us.
Mr. Murray?
COMMISSIONER MURRAY: Ifwe have a settlement
agreement presumably developed by -- or at least qualified by our
own attorney and then another settlement agreement comes in, would
you just pass it through or is it considered to have been acknowledged
or appreciated as being the final document? Or are we just getting
iterations to review and then we make a decision which one we think
is right? Is that what's happening?
MS. STUDENT-STIRLING: No, what happened here, I know
prior to this there were documents that went back and forth between
Mr. Pettit and Mr. Y ovanovich's office. And then that culminated in a
document that you received I guess 11/11.
Then there were some additional -- there was an additional issue
that came up about ownership of submerged lands. And 1 just met
with the applicant on that -- tried to meet with them, but was finally
able to I believe it was last week. And I suggested that some language
be put in the settlement agreement to address that. So that's how that
change came about. And the agreement was sent to them and they've
went ahead and made the changes.
But we will add footers. In the future I would point out that some
of the items that came through were PDF, and I don't know if we can
open those and add information on a PDF item. The -- I believe it was
the maps that were PDF.
CHAIRMAN STRAIN: Margie, on a PDF item, you can print it,
you can date stamp it and re-PDF it, and that's the way to do it.
MS. STUDENT-STIRLING: Okay, fine.
CHAIRMAN STRAIN: I think this board is absolutely correct,
we have to have things dated from your office, and we need it to come
-- on a legal matter on this it needs to come from your office.
So I'm -- Mr. Klatzkow has indicated by a thumbs up that that's
going to work and we'll keep doing it that way.
16 I 1 A ~
December 13,2007
Okay, as far as the introduction into this goes, some
housekeeping matters as usual. This is being recorded by our -- by
Cherie', who's always faithfully here. And with the exception of
myself, everybody else needs to talk at a pace that she can adequately
take notes. So -- and I'll try to, Cherie'.
I ask that everybody please be recognized before we speak and
not talk over one another.
Members of the public, we're here to listen to the public as well.
Everybody will be welcome to speak. I ask that you fill out a slip and
leave it with -- Margie, are you collecting the slips?
MS. STUDENT-STIRLING: Yes, I am.
CHAIRMAN STRAIN: Okay. We'll have a -- during your
discussion we ask that you limit your discussion to five minutes, but
that's not a steadfast rule. We understand there -- sometimes it has to
go a little bit longer and we'll allow some tolerance in that.
And Richard, you're standing up there for a reason, I assume.
Did you still want to confuse the issue on --
MR. YOV ANOVICH: No, I don't. But I want to explain it,
because I don't want it to appear that from our side of the issue we
generated this last minute flurry of documents. So if I can just briefly
take you through the exhibits, it may help when you ask questions of
us related to the --
CHAIRMAN STRAIN: No.
MR. YOV ANOVICH: -- boilerplate document.
CHAIRMAN STRAIN: If you're going to go into that, you'll
have to wait until we get further into the agenda.
MR. YOV ANOVICH: Oh, I thought we were ready to go into
the document. I'm sorry.
CHAIRMAN STRAIN: No, we're going -- I have a procedure I
want to follow this morning. We're still not there yet.
Okay, in order to move forward with this, we were asked to
review the settlement agreement and how it impacts either the PUD or
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the interpretations that might come out in the constructed project.
To that end, today we will be discussing mostly the language in
the settlement agreement, as we've discussed. The SDPs have
changed.
In order to try to move our discussion forward in an organized
manner, I typed up a list of issues in the settlement agreement that we
all may want to discuss and be aware of. It's a six-page report. It's
more of a question format. I'm going to pass it out. And I have extra
copies for those people in the audience who would like a copy. I gave
you one too many, Mr. Midney.
COMMISSIONER ADELSTEIN: I have two too many.
CHAIRMAN STRAIN: I have one for Cherie' as well, the court
reporter. And I have copies for county attorney's office, Mr. Schmitt
and anybody else that would like them.
What we'll do is, first of all we're going to have an introduction,
presentation by Marjorie Student. Then Susan is going to talk to us
about some of the issues that staff is dealing with. And then if the
applicant wants to address this, they're more than welcome to, and
then we'll get into our discussion.
I laid this out in a manner paragraph by paragraph, so that if we
wanted to go through the document and start following it and then
expanding on it, it would make it a little more organized and easier to
do so. I certainly didn't get all the issues, but I touched on some of
them.
And with that, Ms. Student, it's yours.
MS. STUDENT-STIRLING: Yes, for the record, Marjorie
Student-Stirling. And I'm going to give a little background of how we
got here.
As you know, back in '05 the applicant filed for an amendment to
their existing Cocohatchee Bay PUD that would have had a new bald
eagle management plan attached to it.
The old bald eagle management plan that was an attachment from
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December 13,2007
2000 contains some limiting language or prohibitory language for
them to be able to construct within certain distances of the eagle's nest.
So they came up with a new bald eagle management plan with a
construction schedule and so forth that would have relaxed those
standards.
And as I understand it, this was with consultation and a take
permit that was issued by the federal government.
That amendment was denied by the Board of County
Commissioners, so they filed a petition for writ of certiorari in circuit
court here.
The county responded to that. They filed their reply to our
response, and that matter was pending and a motion was filed holding
in abeyance pending the settlement agreement.
There was also a Notice of Claim filed alleging a Bert Harris
case. And this settlement comes also to settle the Bert Harris claim.
And the Bert Harris law gives very broad latitude in being able to
settle a claim, including an adjustment ofland development or permit
standards or other provisions controlling the development of the use of
land, increases or modifications in density, intensity --
CHAIRMAN STRAIN: I think you need to slow down a little
bit, Marjorie.
MS. STUDENT-STIRLING: Okay, sorry.
Increase or modifications in the density, intensity or use of areas
of development, mitigation including payments in lieu of on-site
mitigation.
So those are just some of the things that the Bert Harris law
allows to be adjusted in a settlement.
The Board of County Commissioners held a hearing on this
matter on December 12th of '06, and an offer was made by the board.
There was a very detailed letter sent out by Mike Pettit, formerly of
our office, detailing what the offer was that emanated from the county
commission meeting.
Page 12
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December 13,2007
There were subsequent negotiations between Mr. Pettit and Mr.
Y ovanovich, and there were a number of settlement -- iterations of
settlement agreement going back and forth.
This item went back to the Board of County Commissioners in
July of this year with some additional terms in the settlement
agreement dealing with building height. And our Board of County
Commissioners directed that the settlement go to the CCPC. And they
wanted the recommendations of the planning commission on the
settlement. And that was the language of the motion of the board.
And so because of that we are here.
And as I understand it, Mr. Chairman, after Susan makes some
remarks, then you are going to go through -- will go through the
agreement.
CHAIRMAN STRAIN: I'm going to ask Susan to make some
remarks, but also give the applicant then a time to address issues, and
then we'd start working our way through the agreement.
MS.ISTENES: Good morning, Susan Istenes, Zoning Director.
I'll be really brief, because I think pretty much you've gone over
the status of the site development plan.
It is still under review. Current status is that the zoning
department and the environmental department are the two departments
that have -- still have concerns and outstanding comments about the
plans.
We did meet with the applicant last Friday for about four hours
and did just receive a resubmittal of those plans, based on our
comments. I'm losing track of days, but I think it was Monday
evening -- I think it was Tuesday, actually. Tuesday about 4:00 we
received them and they were distributed on Wednesday.
My thoughts were if any of your comments today result in
changes to this settlement agreement document that may necessitate
changes to their plans, we may wait for another resubmittal and then
get that to you. So it really depends on the outcome. But otherwise
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December 13,2007
our plan was to go ahead and get you all a copy of the resubmittal that
was submitted to us Tuesday.
If you have any questions, I've got staff here to answer.
And I apologize to the individuals in the audience, I only had
three copies left. I'll be happy to make more if there's need be. Okay,
thank you.
CHAIRMAN STRAIN: Susan, as a follow-up to your
statements, staff has just got a resubmittal on the SDP, so you haven't
had time to review that.
MS. ISTENES: Absolutely, right.
CHAIRMAN STRAIN: The biological opinion -- the bald eagle
management plan that I received last night, has staff had time to
review that?
MS.ISTENES: No. I don't even have a copy of it myself, so I'm
not sure who mayor may not have a copy of it on staff. But no.
CHAIRMAN STRAIN: I just wanted your confirmation for the
record.
And the last thing is there's been a change in the acreage. The
document we received on Wednesday, I believe, from the county
attorney's office indicated new language in regards to the acreage, but
the acreage was blank. There was no -- the numbers weren't filled in.
Has your office had time, or the environmental office had time to
react to those changes in acreage in regards to the project?
MS. ISTENES: No.
CHAIRMAN STRAIN: Okay. So those are issues that will still
have to be deferred to sometime in the next meeting.
Any other questions of Susan or Margie before we talk to the
applicant?
(No response.)
CHAIRMAN STRAIN: Okay, Richard?
MR. YOV ANOVICH: Good morning. For the record, Rich
Y ovanovich.
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December 13,2007
I want to respond to a couple of things about exhibits that were
handed out last minute. And let me take you -- let me explain why.
Friday for the first time we were asked to prepare an exhibit that
showed where the location of the sidewalk that's referenced I think in
paragraph three or six, I forget which one, where exactly would that
location be. So we were asked Friday afternoon to prepare an exhibit,
which you have as Exhibit 4, showing the sidewalk along the western
side of Vanderbilt Drive that satisfies the condition. So that's Exhibit
4.
CHAIRMAN STRAIN: Question. Just -- I don't mean to
interrupt you, but I want to correct you. I didn't receive Exhibit 4. I
don't know if anybody did. It was not part of the attachment that came
out late. I just want to make sure you understand that so now you can
go ahead.
MR. YOV ANOVICH: Well, we prepared as requested an
Exhibit 4 that has been reviewed and approved by your staff. And I
think Nick can tell you that he's okay with Exhibit 4 that shows the
sidewalk running the full length of our property that we own on the
western side of Vanderbilt Drive. Even though you don't have Exhibit
4, that's what Exhibit 4 is. It's a very simple exhibit to understand.
MR. SCHMITT: Mr. Chairman, that was in an e-mail that -- I
believe that was in the e-mail. I have the four exhibits.
COMMISSIONER CARON: Last night.
CHAIRMAN STRAIN: Oh, it was last night?
COMMISSIONER CARON: Yeah, that's the last night's.
MR. SCHMITT: It's the one that we were in here at our meeting.
That's shown at 5:20.
MR. YOV ANOVICH: So anyway, I'm prepared to put that on
the visualizer. I don't think you'll have any trouble understanding that
exhibit. But it was prepared immediately after our Friday meeting and
reviewed and approved by your staff.
MR. SCHMITT: I can try and -- I can dump in onto the I-drive,s
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December 13,2007
if you want to see it on the --
MR. YOV ANOVICH: The second issue, these comments about
the bald eagle management plan and the revisions, I was asked for the
first time Tuesday afternoon, this week, to revise the bald eagle
management plan attached to the settlement agreement.
Because if you'll remember, the bald eagle management plan
attached to the settlement agreement says it automatically self-amends
if the eagle relocates and we get a new permit from the Corps or the
Water Management District or whatever permits we have to get.
So we have been working from that original bald eagle
management plan, because it automatically self-amends when the
changes occur.
Be that as it may, we were asked to please update it Tuesday
afternoon, which we -- I got called Tuesday, we contacted the right
people on our team, Wednesday it was done.
The only change to the bald eagle management plan in front of
you, whether you want to believe me or not, is the resequencing of the
building. Because if you remember, the eagle used to be on the
southern portion of the property, so we started with the northern
buildings and worked our way south. The eagle relocated to the
northern portion of the property, so we changed the sequence to where
we start on the southern side and work our way north.
And if you'll note in the footnotes, there's a reference to the
modification to the original bald eagle management plan -- or the
biological opinion, I'm sorry.
So those are the only changes in the bald eagle management plan
that occurred. And that was a request made to us last minute.
Then on the master plan that's in front of you, the change that
occurred on the master plan as related to the submerged land issue,
that again we were asked to delete the submerged lands from the PUD.
We calculated that number. It can be verified. But we took the
"P", which references preserve, out of the water, because the state
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December 13,2007
claims they own the water, and moved the "P" onto the land that was
always part of the preserve. So that's really the only change that
happened to the master plan.
These were changes that were necessitated by conversations we
had Friday. And instead of discussing them orally, we tried to get this
information to you right away.
I prepared, as soon as I got the document from the county,
because they were, from Mr. Pettit, did the strike through and
underlined version that you received as part of his letter. I said, please
get me the agreement, so I can use your agreement as the base, show
all the changes from what you've seen as strike through and underlined
to the planning commission so everybody can understand what
changes were made as a result of our meeting.
I prepared the sovereign land paragraph, I'll call it. There were
blanks, because I didn't have those blanks. And I submitted that
language to the county with the blanks to be filled in.
I also know that we submitted, and I don't know whether you
have it or not, a version that filled in those blanks.
The net effect is our calculation is there were 173.5 acres of
submerged lands within the original PUD document. And what I tried
to do in that paragraph was subtract 173.5 acres from all the
appropriate places in the PUD to show you the reduction of that
overall PUD acreage and the impact of that on the project.
It basically increases project density by --
COMMISSIONER MURRAY: 1.--
MR. YOV ANOVICH: -- three-tenths -- .36 acres -- units per
acre.
So we tried to respond to comments that were given to us and
have you all have the latest document. We tried to do it in a format
that was pointed out that changes from what you previously received
so you wouldn't have to spend a lot of time re-reviewing it. I hope
that was helpful. I hope you understand why you've got some
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December 13, 2007
documents in the sequence that you got those documents.
But those requests were requests made of us many, many months
after the document had been reviewed and signed off on and we tried
to get those done as quickly as we could. And they're not significant
changes.
So I hope that we can get through -- the SDP is a different issue.
I know you want to come back and talk about the SDP. But I hope we
can get through the bulk of the settlement agreement today so that
we're not -- when we come back next, we're focusing on what
comments you may have on the SDP documents.
And of course ifthere's any changes in the SDP documents that
may relate to the text, we'll address that. But I hope we can get to the,
you know, 95 percent of the way through the text today so that we
have a limited focus at the next meeting.
CHAIRMAN STRAIN: That's what we're aiming for, Richard.
MR. YOV ANOVICH: Now, Mr. Chairman?
CHAIRMAN STRAIN: Yes.
MR. YOV ANOVICH: Is it okay that I stand up here while we're
going through each paragraph, since it's kind of in a document that
was jointly drafted at this point, to answer questions, or would you
rather me sit down till the appropriate --
CHAIRMAN STRAIN: No, I have no problem.
MR. YOV ANOVICH: -- time to respond to questions.
CHAIRMAN STRAIN: The more information we can exchange
and the quicker, the more we can get to resolutions on issues that we
question. I have no problem with that.
Ms. Student?
MS. STUDENT -STIRLING: Yes, I'd like to respond about the
bald eagle management plan.
I just spoke with Ms. Burgeson, and she had advised me that staff
has been asking for that revised plan ever since the eagle moved. I
believe that's correct. And I believe Ms. Burgeson will come up and
Page 18
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December 13:~007
put that on the record.
I also spoke with Mr. Pettit, even though he's no longer with our
office, and he advised that he had been asking for the revised bald
eagle management plan for quite a while. So I want to put that on the
record.
CHAIRMAN STRAIN: Thank you. I don't think there's any
reason for Ms. Burgeson to verify anything that you've said. We're
not here really to debate the timing of the bald eagle management
plan, but its interaction with the settlement agreement and the SDP.
And I think we've now decided we'll to that next month, if that's the
month we get available.
I do have one question as the result of the input I've heard so far.
This settlement went to the Board of County Commissioners for
proposed finalization in December of last year. A year later we're
finding already admitted major discrepancies in the settlement in
regards to needs, things that transportation has had to review and
resubmit, acreages on the water, the bald eagle management plan
having to be revised.
Just out of curiosity, when this went to the BCC a few years ago,
did it go to them with a recommendation to settle it at that point with
all these lingering issues that are still now coming out today?
MS. STUDENT-STIRLING: There was an agreement that went
to them. It was discussed; there was a lengthy discussion. As the
basis of that -- or from that discussion, Mr. Pettit wrote a letter to the
-- Lodge Abbott and their representatives setting forth what the
board's offer was in the letter. And that letter should be in your
packet. It was a rather lengthy letter.
And I had gone through that letter and, you know, compared it
with the settlement that you have. And except for some things at the
end and some -- yes, there was a modification in the transportation
language that -- the issue about the building separation and so forth,
came up later. And Mr. Pettit was involved. I really wasn't involved
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December 13, 2007
at that point with the goings back and forth with the documents
between the applicant and our office. But I understand that there were,
you know, several iterations that came out after the offer was made.
CHAIRMAN STRAIN: Well, in hindsight it's probably good
that the Board of County Commissioners deferred a decision on this.
Okay, with that I guess we can start walking through the
agreement. Is there any other general questions anybody has?
(No response.)
CHAIRMAN STRAIN: We normally take it through a page at a
time. The document I distributed to you earlier that I had typed up
starts to discuss some various paragraphs. I thought it would be
helpful to everybody if we follow that in some kind of organized
manner. And that does start with the first page of the whereas clauses.
And I'll ask the committee, do they have any questions or
concerns involving the whereas clauses on the first page.
Ms. Caron?
COMMISSIONER CARON: Yes, in conjunction with what you
have said in your list of issues here on the final whereas clause, I
would submit that that whereas clause needs to come out altogether.
There is absolutely nothing in this agreement that provides
environmental enhancements or protections to the bald eagle within
the PUD. So I don't think we should start out an agreement with what
essentially is not a true statement.
CHAIRMAN STRAIN: For the benefit of this board, what legal
office originated the settlement agreement? Was it the county
attorney's office or was it the applicant's office?
MS. STUDENT-STIRLING: I believe it was the applicant. But
there was quite a bit -- well --
MR. YOV ANOVICH: It came from your office, Margie. It was
from Mike Pettit.
MS. STUDENT-STIRLING: I'm talking about the original
agreement that --
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December 13,2007
MR. YOV ANOVICH: This agreement, yeah.
MS. STUDENT -STIRLING: No, that predated even the county
commISSIOn.
MR. YOV ANOVICH: This document with the whereas
paragraphs originated from your office. We had given business points
to your office, but the actual drafting of the settlement agreement
came from your office.
CHAIRMAN STRAIN: The reason my question is the author of
this document, I certainly would want to understand from them the
need for the whereas clause that Ms. Caron has questioned. And if
there's no need for it from either side, then it would be much simpler
to finish the discussion on it by simply striking that whereas clause.
So since you two are the legal attorneys involved with this at that
point, is there a need for that whereas clause?
Ms. Student?
MS. STUDENT -STIRLING: I was just going to put on the
record that the Bert Harris law talks about the public interest being
protected by the settlement agreement. And I believe that's why it was
inserted.
And I would point out that there are some -- there's some
mitigation, and there's an off-site nest that is set forth in the bald eagle
management plan that's attached. So there would be mitigation as
well as an alternate site for the eagle.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: What this paragraph says is that
this protection is happening on Lodge's PUD property. And that is not
correct. That doesn't include off-site mitigation, it doesn't include
some tree property for the fake tree that they were talking about
purchasing for that property. That is not part of the PUD. They may
purchase that and that's a good thing and all of that, good to try, but
it's not a part of the PUD.
CHAIRMAN STRAIN: Mr. Klatzkow, are you going to move
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up there for discussion?
MR. KLATZKOW: Yeah. I just want clarification here. We
had a settlement agreement that went to the board as part of an
executive summary back in December. That's not the agreement
you're looking at. That agreement was modified by the board during
their discussions.
What you're looking at is an attempt by the parties to capture
what the board wanted, and then additional issues have popped up.
To get to Commissioner Caron's point, the original whereas
simply said, whereas, the settlement offer protects the public interest
served by the regulations at issue.
You could end there. That's what was before the board. That
was what the board approved. I don't see any reason why that should
be changed. And I think we're done with it.
MS. STUDENT-STIRLING: That's fine.
CHAIRMAN STRAIN: Okay, I think that's a simple solution. Is
there any objection from your point, Richard?
MR. YOV ANOVICH: You know, I think there are benefits that
come from the bald eagle management plan, but if you don't feel there
are, then revise the document the way you want it. It's not worth
arguing over it.
CHAIRMAN STRAIN: That's where I'm going. If it's not worth
the fight, let's not get into it.
MR. YOV ANOVICH: I think there are benefits related to our
bald eagle management plan. I think that whereas paragraph is an
accurate statement. It was put in there, I believe, by Mr. Pettit because
he wanted to tie the bald eagle management plan to this settlement.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: If there are on your property
benefits in the bald eagle management plan to the eagle, please
enlighten us.
MR. YOV ANOVICH: The sequencing of the construction is a
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benefit to the eagle. That's what the bald eagle management plan
does, it sequences construction. That's a benefit.
COMMISSIONER CARON: Now, you're telling me today on --
in a document that nobody else on this board has seen, that the
sequencing has changed?
MR. YOV ANOVICH: And that's the beauty of the plan.
COMMISSIONER CARON: That's new information to this
board.
MR. YOV ANOVICH: That's the beauty of the plan is that when
the eagle relocates, the sequencing changes. Because under the old
sequencing, the first building would have been the northern building,
which is closest to the eagle.
So the -- I think we've proven the very point that the bald eagle
management plan itself in the sequencing and timing of construction is
a benefit to the bald eagle.
CHAIRMAN STRAIN: Why don't we resolve it this way: That
paragraph will be left to continue after we've read the bald eagle plan
that was distributed last night for our discussion in January to
whenever we continue this meeting to.
Yes, sir, Mr. Schiffer?
COMMISSIONER SCHIFFER: But we're going to strike
everything past the word interest?
CHAIRMAN STRAIN: No, I think we're going to leave the
thing as it is until we all have time to read the bald eagle management
plan. I'm sure we'll see -- I mean, I've looked at it, I know it does
change the sequencing. I haven't studied it to make sure it's accurate.
But I believe what Richard says will probably be found to be accurate.
If that's the case, we may want to leave it in. So let's just not get
in there today at this meeting until we've had time to read the BMP.
Okay, is there anything else on Page I?
(No response.)
CHAIRMAN STRAIN: My clean-up of the first three words,
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whereas the settlement offer and this agreement, I don't believe there
are two issues here, there's an agreement as defined in the first
sentence. So the reference to a separate settlement offer I don't think
exists. So I just suggest that for clean-up reasons we take care of that.
MR. YOV ANOVICH: Again, let me just tell you why I think it
should be in there, is because under the Bert Harris Act you have to
make us a settlement offer. And I think this is evidencing the offer
from the county and the settlement agreement. Either way. I just
think that's why Mr. Pettit originally put it in there.
CHAIRMAN STRAIN: I don't disagree with wanting to have it
in there, but I thought it would be in there by the reference to
agreement and release as capitalized because that's defined in the very
first line of the very first page.
It says this settlement agreement and release, parenthetical
agreement and release, end parenthetical.
So basically you're saying this settlement offer and the settlement
agreement, if you were to read into that definition of the terms -- I was
simply trying to make it clear the agreement and release that we're
talking about today is the settlement offer as defined in the document
itself. So that was my suggestion.
On Page 2, anybody have any questions on Page 2 before we get
into the document I passed out?
COMMISSIONER MURRAY: I'm not even going to try. We're
going to go with your document.
CHAIRMAN STRAIN: Mr. Murray? Thank you.
Ms. Caron?
COMMISSIONER CARON: Just that in paragraph two it talks
about again, the bald eagle management plan, which people haven't
seen. And acceptable deviations, which relate back to the SDP's. So I
don't think we can make any determinations or have a discussion
there.
CHAIRMAN STRAIN: Okay, well, then I think the first--
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December 13,2007
COMMISSIONER CARON: And three is the same way.
CHAIRMAN STRAIN: Well, I've got some changes suggested
on three that are still irrelevant of the issue you're speaking about.
Paragraph three, Page 2, it makes the settlement agreement
contingent on the three SDP's. And as my document states, since the
county is not solely in control ofthose SDP's, as it is a submittal
controlled by the applicant as well, this reference needs to relate only
to those review responsibilities and not the submission qualities. And
maximum date needs to be established as an acceptance date
regardless ofthe SDP status, otherwise there would be no incentive to
ever complete the process.
Where I'm going there is the developer's money is going to be
made on the high-rises. He's got a series of amenities, which one is the
clubhouse. But the SDP for the golf course, for example, could linger.
He could decide to withdraw it. He could decide to submit a
correction to a revision -- a portion of a correction to a revision every
six months. This thing could drag on for a long time. And if it does,
those three SDP's are the trigger dates for numerous elements within
this document.
So I don't think we ought to rely solely on the SDP approval.
That should be part of it. But since it is in control of the applicant, I
think there needs to be a drop-dead date as to when it's going to apply,
regardless of when the SDP's are approved to protect the time frames
of the public. That was the purpose of the statement.
And I'm looking for any input from the county attorney's office
or anybody else.
MS. STUDENT-STIRLING: I don't necessarily disagree with
having a drop-dead date in there. I believe it was contemplated,
however, that the SDP's would be approved right after this agreement
was agreed to by all parties. And just to give you a bit of history as to
my understanding as to why that's in here.
CHAIRMAN STRAIN: The only concern I have is I don't think
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the SDP's, based on the review that I did on the plans to date and the
lack of ability to review them, since they've just been resubmitted, are
in a position where they're going to be approved right away.
And again, it doesn't forestall someone from saying well, we'll
take the first two, we just won't pick up the third one.
MS. STUDENT-STIRLING: Understood.
CHAIRMAN STRAIN: It's routinely done, it can be done very
easily, and I wouldn't want to see us get in that trap.
MS. STUDENT-STIRLING: I don't know, staffmay wish to
comment.
MR. YOV ANOVICH: To be honest with you, it never even
entered our mind to play that game. Maybe others do. But our goal,
frankly, was to have this settlement agreement approved by the Board
of County Commissioners, which then would mean immediately our
SDP's could be approved. Because it's this settlement agreement that's
holding up our ability to get the SDP approved. So that was our goal.
If you would like to say don't bring this settlement agreement to
the Board of County Commissioners until the SDP's are ready to go,
we're okay with that, because we're in a hurry . We want these things
approved. We want the SDP's locked in stone, so we're okay with
that.
Now, I will tell you I'm not okay with a drop-dead date, because
if you've ever been through the process, sometimes comments come
from the other side that were not raised and they usually say well, it's
something that we submitted that triggered a new comment.
Sometimes that's true, sometimes that's not true.
So I think the better way to handle it would say let's just make
sure the settlement agreement goes to the Board of County
Commissioners on an agenda after staff has completed their review
and the only thing left is the bald eagle management plan. And that's
-- would then release everything, because we would be ready to go.
CHAIRMAN STRAIN: Mr. Schmitt, what do you think? Your
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December 13,2007
office is the one that's going to be responsible for the coordination
with those SDP's.
MR. SCHMITT: If Mr. Y ovanovich is comfortable with that,
that's fine with me.
As Ms. Student pointed out, when this thing first started the
discussion became who was going to assume the risk from the
standpoint of -- that's why when the developer at least proposed that --
as Marjorie said, the board would approve the settlement agreement.
The settlement agreement serves as the basis for review, and then the
SDP's go through the review process. Once the SDP's are approved,
the settlement agreement becomes effective. That was sort of the plan.
It would be moving in parallel, so to speak.
I understand clearly, Mr. Chairman, what you're saying. If you
wanted to make this specific, just as Mr. Y ovanovich pointed out, it
would be worded to the effect of upon issuance of the preliminary --
pre-approval. I was just thinking of the word. We have a
pre-approval letter and then we have a final approval letter. I know
that sounds like double speak, but the final approval is when they
actually pay their impact fees and they're issued the notice to proceed.
But the pre-approval is the letter issued by the engineering
director who signs off on it and says your SDP is approved, come in
and pay your impact fees. You get the final approval after paying
impact fees and then you set up a date for a preconstruction
conference.
So if we want to put wording in there to the effect of upon
issuance of the approval or final approval or pre-approval letter by the
county for the subject SDP's, words to that effect, that's fine.
And I think that, quite frankly, puts both parties in a position of
ensuring that, one, the county is protected because then the -- we
would then take the agreement to the board. But we would do the
review based on the agreement. So it's kind of which comes first, the
chicken or the egg, but we would do the reviews based on the
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JtJler Il ~07 d--
agreement.
But then the county would be protected from a standpoint that the
SDP's would be consistent with the agreement, the applicant or the
petitioner would be protected because they would not be exposed from
a standpoint of risk until they know for sure that their SDP's will meet
approval.
Does that meet your requirements?
MR. YOV ANOVICH: As long as you're telling me that when
we get a pre-approval letter nothing new comes up, then I think that
makes sense.
I f the only condition to getting the final approval letter is the
payment ofthe money, that's very easy. But ifthere's a chance that a
pre-approval letter isn't really final approval, I think I have some
concern. I don't want no new conditions show up between the
pre-approval --
MR. SCHMITT: The problem is legally I can't give a final
approval letter without the approval of the agreement. The agreement
is legally the document that provides the framework.
CHAIRMAN STRAIN: But you could give a pre-approval letter
that okays everything subject to the finalization of the agreement--
MR. SCHMITT: The settlement agreement. That's correct.
CHAIRMAN STRAIN: Okay. So now if we modified
paragraph three and other instances in this document that refer to the
SDP's in that regard, we could actually then rework the language, say
upon issuance and pre-approval letters received from Collier County
the agreement then goes to the board for finalization.
Is that somewhat the direction we seem to be heading?
MR. YOV ANOVICH: I don't know that you need to do that in
the agreement. You just need to say don't bring the agreement to
them, because it would be silly to have a term in the agreement that
says it can't go to the board until this happens, and they vote on an
agreement that says well, it couldn't have come to us until the
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December 13, 2007
condition was met.
MR. SCHMITT: But I think our board would be much more
comfortable knowing that you all and staff can assure them that the
SDP meets all the criteria as defined either in the LDC or in the
settlement agreement, and then the settlement agreement comes to
them. I think they would -- they certainly would feel assurance.
Likewise, it puts the applicant in a position of knowing that it
appears that the board will approve the settlement agreement.
Jeff?
MR. KLATZKOW: I understand where everybody is going, and
I think the proposal has a great deal of merit, but this is not what the
board offered back in December.
The board sent this for recommendations by the planning
commission. I think if the planning commission were to recommend
to the board that the settlement agreement be entered into not until the
site development plan was done, I think that would be fine.
CHAIRMAN STRAIN: That's what I thought we were
proposmg.
MR. KLA TZKOW: But by changing the language, that's not
what the offer was. And so the board might want to get into the
settlement agreement before the site development plans are finished.
That's the way it originally worked. There were contingencies
involved and that's what the deal was.
Now, it's been a year and they're farther along with their site
development plan since then, but what you're going about, it's a good
direction, but it's a different direction than what the board did.
MR. SCHMITT: That's a good point. We may not have to
change the language, we just have to --
CHAIRMAN STRAIN: Make a recommendation --
MR. SCHMITT: -- based on your recommendation that the--
when we say the settlement is contingent upon three site development
plans, the approval ofthe three plans, the approval will be -- it's the
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December 13,2007
planning commission's recommendation that that be at least at the
stage of the pre-approval letters being issued.
And I know the applicant is working towards that. Mr.
Y ovanovich is correct, the Lodge Abbott team is certainly working
hard to get to that stage.
CHAIRMAN STRAIN: But the item that I've showed the
concern about in my item two would be resolved by that kind of a
recommendation, and that's where I was trying to go. And it seems
like a recommendation that the parties can accept, so that's one that we
can feel confident we can recommend to the BCC if there's no other
concerns from this panel.
Ms. Caron, did you have something you wanted to add?
COMMISSIONER CARON: No, I just wanted to say, I think
this is a valid point. I think what we're going to end up doing is
submitting a list, much as you've submitted this list, of our
recommendations to the BCC and then they can send it back for legal
and --
CHAIRMAN STRAIN: That's what I started drafting this for is
that it would eventually roll into a recommendation list.
Okay. Well, then let's move on. Mr. Schiffer?
COMMISSIONER SCHIFFER: Mark, somewhere along the line
we're going to talk about the design of the building and some of that
SDP data? When would--
CHAIRMAN STRAIN: Well, there's paragraphs specific to that
in here, when we get to the setback paragraph, for example, that would
be one of them.
Now, as far as the design ofthe building goes, we would discuss
it in relationship to the setbacks not to the what you would design if
you were the architect type thing.
COMMISSIONER SCHIFFER: You wouldn't want that. This is
better than that. But I do have some questions, obviously, that aren't
just in that paragraph 10, but I'll wait until 1 O.
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December 13,2007
CHAIRMAN STRAIN: I like to move through in order, because
it keeps us on focus.
Paragraph three, the same paragraph on the same page also refers
to docks. The problem I had in reading that is there is nothing in these
SDP's that I've seen to date that have docks on them. So why are we
referencing them in this sentence?
MR. YOV ANOVICH: Can I tell you why? Or you can, Ms.
Caron, if you want.
CHAIRMAN STRAIN: Ms. Caron, go ahead if you want to
explain that.
COMMISSIONER CARON: Well, I think the only reason that
they're being referenced is that in documents that back up this
agreement, there are references to docks all throughout them. And
these -- those documents are going to be attached. For example, in --
and I don't know because I haven't read this revised bald eagle
management plan, but there were references in the bald eagle
management plan, there are references in letters of authorization from
U.S. Fish & Wildlife or the Army Corps. I mean, there have been
references to docks all throughout these documents.
CHAIRMAN STRAIN: Right. And I've read the document and
I know exactly what you're saying. But that's not what this sentence
says. It says the parties also agree that a rejection of any of these
SDP's relating in any way to docks. The SDP's can't be rejected in
any way relating to docks because there are no docks on the SDP's.
So that to me brings up another issue that these SDP's could be
construed to be something they aren't. If the docks aren't on there, I
don't think we should be even referencing them in relation to those
SDP's. I think that would be opening a door that doesn't need to be
opened.
COMMISSIONER CARON: But we haven't seen the latest
SDP's. I'm assuming that you're correct and they are not on there.
MR. YOV ANOVICH: Well, the version you should have, which
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Dle~bL 13~2~07 ~
is the last version, the docks were removed.
CHAIRMAN STRAIN: Mr. Murray, did you have a comment?
COMMISSIONER MURRAY: No, no.
MR. YOV ANOVICH: I agree that this sentence is not necessary,
but it's been one of those things, to try to keep the Conservancy happy
we've been saying we're not getting any docks approved.
CHAIRMAN STRAIN: Well, I think the docks are a completely
separate issue. I think by even referencing them in the same language
of an SDP you're going to bring them into the SDP just by the
reference, and we shouldn't be doing that.
And also, the docks, when they do go on -- go ahead, Mr. Kolflat.
COMMISSIONER KOLFLA T: Mark, in the PUD on Page 4.2,
there is a reference for use of boat and canoe docks. Now, that would
not be consistent with what you're saying if that stays there. Should
that be deleted then from the PUD?
CHAIRMAN STRAIN: No, no, no, we're not talking about the
PUD, we're talking about the SDP's. They're not the same document.
The SDP is the application based on blueprints, Tor, that the
county gets that actually goes to the buildability ofthe property. The
PUD is the concept document that tells them how they can build it.
The SDP's implement it.
COMMISSIONER KOLFLA T: So there's no conflict then by
this statement here?
CHAIRMAN STRAIN: No, their PUD is a separate document.
The other item is that if docks should be applied for, and if we
were to leave this in, I would suggest then that they would have to be
applied for in a separate and new SDP, and that they can't be utilized
as an amendment to an existing SDP.
But if this document is -- this paragraph comes out, there's
probably no need then to reference docks at all.
Mr. Murray?
COMMISSIONER MURRAY: Mark, I thought that the state
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De<feillb~r 13,2007
turned down the docks.
CHAIRMAN STRAIN: No, just the opposite. The Corps permit
that you have actually accepts the docks.
COMMISSIONER MURRA Y: Yeah, but I thought that there
was just a--
CHAIRMAN STRAIN: That was The Dunes.
COMMISSIONER MURRAY: I'm sorry, here I am thinking it
was that.
MR. YOV ANOVICH: Can I ask one other question as I'm
making notes on the document?
CHAIRMAN STRAIN: You've got the same reference in the
document I just supplied you with.
MR. YOV ANOVICH: I know. I'm going to take that -- I want
to know who's responsible for editing this document based upon the
discussions today.
CHAIRMAN STRAIN: I think Mr. Klatzkow is accurate, no
one's going to edit it. We're simply going to recommend changes to it,
and the BCC can either accept or reject our changes. I don't think
we're here to demand editing or -- I'm looking for compromises. So
our recommendations can go forward with some kind of emphasis that
we've reached some kind of agreement with you all that they could
endorse.
Is that what you were going to say, Mr. Klatzkow? Okay.
So as far as the recommendation from this panel, deleting the
underlined sentence that was added relating to docks, does anybody
have a problem with that?
(No response.)
CHAIRMAN STRAIN: Okay.
MR. SCHMITT: For clarification, Mr. Chairman, you want to
eliminate that entire sentence that's underlined?
CHAIRMAN STRAIN: Right. I think that's the consensus.
Okay, on the same page, it starts with paragraph four on the
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I PI cr
December 13,2007
bottom. This talks about expedited review. And it says for all future
building permits and for any subsequent purchasers of the property.
Now, there's going to be, I don't know, 590 purchasers of this
property. They're all going to want to remodel their units and put in
new flooring and change out their cabinets and do things like that. So
we're going to have expedited permits for 590 people?
That's why I suggested this language be narrowed down to mean
whatever it means. And I'm not sure this project even qualifies for
expedited permitting, other than the fact it's coming through under a
Bert Harris claim. And to be honest with you, Richard, I'm not sure
that it gets you anything.
MR. YOV ANOVICH: Being expedited?
CHAIRMAN STRAIN: Right.
MR. YOV ANOVICH: Well, I'll keep it to myself.
CHAIRMAN STRAIN: I certainly don't agree with the way it's
written, because it's far too encompassing.
MR. YOV ANOVICH: As we talked about, the intent was it
would be for the -- well, the SDP's. And I think we were talking about
the residential buildings themselves and not the individual remodeling
permits. I didn't -- I understand how you reached the conclusion that
it could mean that, but it was never the intent.
CHAIRMAN STRAIN: Okay, then, so that we could
recommend some suggested language to clean it up, did you have any
suggestions?
MR. YOV ANOVICH: I thought your list was going to do that.
CHAIRMAN STRAIN: You thought my list was going to make
suggestions?
MR. YOV ANOVICH: I thought it had, but I guess it doesn't.
CHAIRMAN STRAIN: I like my list, it says you don't qualify
for expedited review, so that means we can cross -- suggest a
recommendation to remove paragraph four, right?
MR. YOV ANOVICH: I haven't had a chance to review your list.
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December 13,2007
I thought based on our discussion that it might propose a suggestion
regarding the permits. I didn't realize it talked about deleting the
reference -- do we care at this point?
The answer to the question is we'd like to leave it in for the
residential building towers and the clubhouse and other associated
buildings. The SDP really has taken care of itself, since you're now
recommending that they be companion documents that go to the
board.
CHAIRMAN STRAIN: So if we were to change the -- provide a
recommendation to the BCC that the language here be changed to
reference the specific permits that we're talking about and not the
all-encompassing permits it seems to reference, that would be okay --
MR. YOV ANOVICH: Yes, that'd be fine with us.
MR. SCHMITT: How about words to the effect of the review of
the related five residential building permit -- residential buildings and
clubhouse permits or something to that effect?
CHAIRMAN STRAIN: Well, I think our recommendation is
simply going to be to suggest that we get more specific with the
permit language, and maybe staff -- between now and the BCC
meeting I can get with staff and we can figure out what that could be.
That paragraph continues on the next page. Ms. Caron?
COMMISSIONER CARON: No, go ahead if you're going to get
into the next sentence.
CHAIRMAN STRAIN: Paragraph on Page 2 to three. Same
paragraph, it just continues on the top. It says the EIS need not be
amended unless the SDP's are substantially amended. Then it says, in
this instance a substantial amendment shall mean any increase in
wetland impacts beyond the impact.
What concerned me there is that you could contrive this to mean
that the only time an SDP has a substantial amendment is when it has
more than five percent impact on wetlands. And I don't believe that
was the intent, but I would want to make it explicitly clear that wasn't
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December 13,2007
the intent, because there are many that triggers, and I've included them
in this sheet, that trigger an SDP amendment or a substantial change.
I don't want that process subverted because of an interpretation of
that last sentence of paragraph four.
MR. YOV ANOVICH: Well, I think if we add the following
words after in this instance a substantial amendment, we add the
words to the EIS shall mean. Because that was what was intended,
and that is --
CHAIRMAN STRAIN: I think that works fine.
Anybody have any objection to that on the panel?
(No response.)
CHAIRMAN STRAIN: Okay.
MR. SCHMITT: Where is that word at, again, EIS?
CHAIRMAN STRAIN: To the EIS. It would be after the word
-- in the last sentence it says in this instance a substantial amendment.
Then you would include to the EIS shall mean. And then we're off
and running with that one.
Before I go into the rest on my list, does anybody have any issues
on Page 3 outside the list? We'll just work our way down, if that
works.
Ms. Caron?
COMMISSIONER CARON: Yeah, on Page 3, in six, there are--
there's conflicting language here. One says that these monies are for
corridor improvements, and the other specifically says they're for
bridge enhancements. I think that needs to be fixed and clarified.
Also, there is a $5,500,000 figure here for Vanderbilt bridge
enhancements that triggers whether or not the applicant would have to
pay for any other contributions that the county would normally
reqUIre.
Well, the 5,500,000, I don't know where that figure came from.
FDOT sent the neighborhood a letter saying that their project wasn't
going to exceed five million dollars. So I think we're establishing a
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December 13, 2007
threshold where they may be able to get out of requirements to pay
additional sums over this $3 million commitment by having that figure
specified.
CHAIRMAN STRAIN: And I -- in the item number seven, the
second paragraph, I refer to that issue. Because exactly the same
reason Ms. Caron pointed out, the DOT is building the first bridge.
There are two smaller bridges south of the first bridge that Collier
County is modifying. I have the plans on all three bridges.
And what I'm concerned about is where it says all parties it needs
to include not just Collier County and the applicant's contributions but
also those contributions paid for by the DOT so that we get to that 5.5
million quickly.
The DOT's money counts, there's nearly five million there. The
bridge improvements that Collier County is doing to the south two
bridges, I'm sure they're expensive enough. And then if we leave the
reference for the entire corridor, as Ms. Caron has suggested, that gets
the enhancements to where they might be really getting to 5.5 million.
Go ahead, Nick.
MR. CASALANGUIDA: For the record, Nick Casalanguida
with Transportation Planning.
I came into the settlement late. It was handled by the staff, and
so about six months ago I started picking up on this. I did a little
research with DOT. The county has an agreement with DOT to fund
part of the bridge that's being replaced. That $3 million will more
than cover the county's portion of that. So the remaining excess would
be used for corridor improvements.
Whereas they provided an Exhibit 4 that shows a multi-use path
along their property, anything remaining above what's required for the
county to put into the bridge improvement. We're looking at funding a
complete pathway system on Vanderbilt Drive with that additional
money.
I don't know why they kept referencing 5.5 and asking for
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additional impacts, you know, funds above that when it was spent. I
can't see where that threshold will come in.
CHAIRMAN STRAIN: You said they. Who do you think is
asking for that --
MR. CASALANGUIDA: I don't know, it was in the agreement
when I reviewed it originally.
MR. YOV ANOVICH: At the risk of -- let me tell you where this
kind of all came from. We had agreed to fund $3 million to bridge
enhancements. And if our money plus what DOT had committed was
not enough to pay for bridge enhancements, we would frontload our
road impact fees. We never agreed to pay for corridor improvements,
we agreed to pay for bridge enhancements.
Now the county, when they reviewed this paragraph, said we
need to be a little bit flexible on how we word this for budgetary
reasons. And we said fine, but we need to make it clear that our
obligation to kick in for bridge enhancements doesn't occur until 5.5
million has been accounted for, of which our three million was part of
it. But it's bridge enhancements.
If you want to go back to the original history of this document,
we had put in specific bridge numbers to make it clear. But the county
said we needed a little bit more flexibility . We don't have a problem
with bridge enhancements. We are not going to get stuck with the
county saying, you know what, we got all these ideas for Vanderbilt
Drive as far as the corridor goes, we've spent $5.5 million, pony up
your road impact fees.
I just want to make sure that that word corridor, the genesis of
that statement, where it came from.
CHAIRMAN STRAIN: Wait a minute. Before we -- you're
already committed to putting up the three million, that's going to
happen no matter what. What the issue is, is that above -- there's
another time frame that could kick in an early payment of impact fees.
But the argument is does the 5.5 million expenditure kicks that
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December 13, 2007
in? So how do we get to the 5.5 million expenditure? That's the issue.
The DOT is doing the first bridge, that's $5 million. Apparently
they've already notified the neighborhood that's what it's going to cost.
Nick, the county's doing the second two bridges. We know
they're putting catwalks on the west side of both bridges. I don't know
what those cost. I've seen the plans. It's pretty extensive work. Is that
a half million dollars of work?
MR. CASALANGUIDA: It's less than that. That additional--
the first part of that paragraph should read as it does, three million for
the county for Vanderbilt Drive corridor improvements and bridge
enhancements. That covers everything that we need to do, which is
our commitments back to DOT for the large bridge and any additional
pathway improvements you want to do on that corridor.
That threshold for the 5.5 million you're bringing up right now
and discussing, since I came into this about six months ago, I don't
have a problem with that, if you were going to even modify that even
further, because I don't think we're going to get to that threshold where
I'm looking at the frontload impact fees. It's probably not going to
serve my purpose. These buildings, when they come in, they pay
one-half up front, so there's nothing that stops them or restricts them
from paying impact fees.
So I don't have any concern with that additional 5.5 threshold. I
just want that first sentence to stay the same.
CHAIRMAN STRAIN: So number six, you're comfortable with
paragraph number six. You're getting $3 million as a contribution to
the county that's outside impact fees. And if you don't get any more
than the 50 percent impact fees up front at the time of SDP, you're still
content?
MR. CASALANGUIDA: Yes.
CHAIRMAN STRAIN: Then paragraph six is almost irrelevant
at this point.
Does anybody have any suggestions that paragraph six needs any
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December 13, 2007
changes in for any enhancements that basically transportation doesn't
have an immediate need for other than the normal process?
(No response.)
CHAIRMAN STRAIN: Okay, then we won't mess with
paragraph six. With the exception, the first part of paragraph six
references the word latter to the three SDP's. I'm assuming that that
language will be recommended to be effective similar to the language
we talked about changing in paragraph two, or paragraph three in the
approval process. Basically it's a pre-application letter that's received.
MR. KLA TZKO W: May I suggest we just make it 15 days after
the execution of the settlement agreement?
CHAIRMAN STRAIN: That works for me. Richard? A
settlement agreement can't occur until the pre-approval letter is issued
anyway, so it comes out to about the same timing.
Richard, this is a better deal for you. Here's why: You've got
three SDP's that are going to be approved by a pre-application letter,
at which time the settlement agreement goes into effect. If you were
to fall on this particular one, it would be 15 days after the three SDP's
are approved.
In this case, it's going to be 15 days after the settlement
agreement. Probably will give you more time. So why would you
have an objection to it?
MR. YOV ANOVICH: How would it give me more time? I
don't get -- again, let's put dates in there because it's easier for me. We
go to the Board of County Commissioners. I don't know even know if
it's a Tuesday, I'm just picking it, January 15th, that's when the
settlement is approved.
CHAIRMAN STRAIN: Right.
MR. YOV ANOVICH: Fifteen days from that date I've got to
pay $3 million. However, I may not get my finalletter from the
county for three or four more days later.
CHAIRMAN STRAIN: But you're going to get your
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December 13, 2007
pre-approved letter, which is only contingent on the settlement
agreement, so they all snap together. I don't know what is hurting you
in that regard.
MR. YOV ANOVICH: Okay.
CHAIRMAN STRAIN: Okay. I know what you're saying okay
to and I'll make sure it's written up --
MS. ISTENES: Can I ask for clarification?
CHAIRMAN STRAIN: Yes, go ahead, Susan.
MS.ISTENES: I'm not quite sure I understood what you all
agreed to. Could you just clarify it for me?
CHAIRMAN STRAIN: It previously said that the payment for
the three million will be done at the latter of the three SDP's. We're
suggesting it matches sequencing that we previously discussed when
we discussed the corrections to the word latter or contingent in
paragraph three.
Basically it's when the pre-approval letter is received, the
settlement agreement then gets eventually scheduled for execution and
it gets done by the Board of County Commissioners. And it's 15 days
after that settlement agreement that the three million is due.
Richard?
MR. YOV ANOVICH: Can I tell you why that may be an issue?
Only what if I get to the Board of County Commissioners and they
make a change to some of the terms in the settlement agreement,
which means I now have got to go make a change to my SDP. I've got
a settlement agreement that's going to require me to pay $3 million
within 15 days but yet I won't have a -- I may have my pre-approval
letter, but something could happen, I don't know what, but something
could happen to cause me to have to make a change to the SDP.
CHAIRMAN STRAIN: See, your settlement agreement then, if
they accept the recommendation and it's contingent on the
pre-approval letter of the SDP's, you're saying the changes that would
come out would not trigger a new pre-approval letter?
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Deceillber 13,2007
MR. YOV ANOVICH: It may trigger a new pre-approval letter.
CHAIRMAN STRAIN: Well, then the settlement agreement
isn't effective.
MS.ISTENES: Would trigger an amendment. You're going to
have an approved SDP. Once it's approved -- I mean, there's kind ofa
little gray area there. You've got to pay your fees and then you'll get
your final approval letter. But if something changes, then it's an
amendment.
CHAIRMAN STRAIN: Jeff, you stirred the pot. You got a
better idea? Or an idea that kind of comes in the middle?
MR. KLATZKOW: I think your idea was best, making this a
complete package for the board, final site development plans, final
agreement, everything gets tied up in a bow and we're done. In which
case you would do 15 days from settlement agreement.
Mr. Yovanovich's concern is what if the board throws a curve
ball, suggests a bunch of other changes be made, which makes him to
go back? I don't have an answer to that.
CHAIRMAN STRAIN: Maybe it could be within 15 days of the
settlement agreement subject to any amendment that would result to
an SDP as the result of the settlement agreement. Then it would be 15
days from the end of the correction of the amendment.
MR. YOV ANOVICH: Which is exactly what it says. That's
what it says.
CHAIRMAN STRAIN: Latter of the three SDP's.
MR. YOV ANOVICH: Right, which, you know -- for instance,
let's say instead of a 1 a-foot sidewalk they want a nine-foot sidewalk,
so we have to go make a document change. It could take -- you would
hope that that would be boom, through the process quickly, no issues.
I just would hate to find out that an issue was created.
CHAIRMAN STRAIN: Then Richard, we're back to the original
argument that started the first discussion on the paragraph, that the
latter of the three SDP's does not work because that could be stretched
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December 13, 2007
out then if someone so intended for an undefinable amount of time.
And that's why it doesn't work.
MR. YOV ANOVICH: Keep in mind, we're going to not go to
the Board of County Commissioners until we have the pre-approval
letter. The only way we wouldn't get to the next step, which we've
said we're willing to do, is if someone at the BCC level changes a term
that we relied on to get our pre-approval letter.
I'm just -- I hear what you're saying, Mr. Strain, but we're willing
to dot all the I's, cross all the T's, then go to the board for a settlement
agreement and 15 days later we'll make you a $3 million payment
because I'll have my pre-approval letter. But if something changes, I
don't want to be in a situation where the text of the document says I
owe you $3 million within 15 days of approval, and then I've got to go
back and change my SDP, which may take--
MR. KLATZKOW: Then don't sign the settlement agreement,
Rich.
MR. SCHMITT: Approval is contingent upon the settlement
agreement.
MR. KLATZKOW: They don't have to sign the settlement
agreement.
CHAIRMAN STRAIN: That's a good point. Richard, if that
becomes a bone of contention, just refuse to sign the settlement
agreement.
MR. YOV ANOVICH: All right. I mean, but -- okay.
CHAIRMAN STRAIN: I still think the recommendation ought
to be tighter than the word latter. And my concern is it needs to be
tightened up. I'm not trying to make it harder for you, I'm just trying
to make it more practical so we're not having an indefinable term out
there, and that's all I'm trying to do.
I mean, what's the -- anybody on this board have a different
opinion?
(No response.)
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December 13,2007
CHAIRMAN STRAIN: We're going to recommend that the
word latter not be used and that we reference it to -- I like Mr.
Klatzkow's suggestion at this point so we'll go forward with that.
Okay, that takes -- anything else on Page 3?
MR. SCHMITT: Can I -- Mr. Chairman, over here.
CHAIRMAN STRAIN: Mr. Schmitt?
MR. SCHMITT: So the wording you're asking for is within 15
days of the approval of the three SDP's?
MR. KLA TZKOW: No, approval of this settlement agreement.
MR. SCHMITT: Of this settlement agreement.
MR. YOV ANOVICH: Okay.
CHAIRMAN STRAIN: Okay, there was one more on Page 3,
it's paragraph seven, starts at the bottom. You're going to like this
one. It's the first word, latter. We're back in the latter again.
COMMISSIONER MURRAY: That was changed to last.
You're not looking at the same document I'm looking at.
CHAIRMAN STRAIN: Okay, well, I'm looking at the one I
wrote my paper off of, which may not be exactly the -- okay, on Page
7 in one of the versions, I think it's the one from the county attorney's
office that we got on Wednesday, the word latter was changed to the
word last. Still has the same impact. Latter or last, but I appreciate
you pointing that out.
We're back to the same thing with this particular one, your
sunsetting provisions. Triggering the sunsetting provisions certainly
shouldn't have any concern with that starting when the settlement
agreement is signed because the settlement agreement, if the board
follows our recommendations, wouldn't be signed until the
pre-approval letter of the SDP's is completed.
Is there a concern with that, Richard?
MR. YOV ANOVICH: I'm sorry, what am I -- one more time for
me.
CHAIRMAN STRAIN: Number seven, Page 3 has the word
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December 13, 2007
latter in it, again.
MR. YOV ANOVICH: Right.
CHAIRMAN STRAIN: Okay. Or last.
MR. YOV ANOVICH: Last of the three SDP's.
CHAIRMAN STRAIN: Right. What I'm suggesting is we have
no control over when those SDP's are finalized because half that
process is yours. Back to the same argument that in order to
circumvent that issue, we would need to have the effectiveness for the
sunsetting provisions start at the time the settlement agreement is
signed, because at that point you've got your pre-approvals and
everything else in place.
MR. YOV ANOVICH: If everything works as we hope it will,
that's not a problem.
CHAIRMAN STRAIN: Okay. Now we're on Page 4. The top
of the page had one suggested addition to the end of the paragraph. It
says Lodge still shall be obligated to provide annual PUD monitoring
reports. And I just want to make sure it says as required by the LDC.
Do you have any objection to that?
MR. SCHMITT: Mr. Chairman, I know you're moving forward,
but I just want to again capture the language on paragraph seven,
where it had, until the last of the three SDP's is approved. We could
just strike those?
CHAIRMAN STRAIN: It would be from the date of
effectiveness of the settlement agreement -- of this agreement,
however the legalese would be written there.
MR. KLA TZKOW: Actually, I think just strike the whole
paragraph at that point in time. You don't need it because you're
dating your PUD on approval of the site development plan, which is
pretty much the same date as board approval.
CHAIRMAN STRAIN: Wait a minute. PUD's date is the
effective date of the PUD. I'm not sure that gets us there --
MR. YOV ANOVICH: My five-year clock. I'm worried about
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December 13,2007
my five-year sunsetting clock.
MR. KLATZKOW: That's correct. So it should start then on
execution of the settlement agreement.
CHAIRMAN STRAIN: Right, that's what we said.
MR. SCHMITT: I would recommend that you just put a period
after the letters LDC. Lodge and the county agree that the
Cocohatchee Bay PUD shall be exempt from the county's PUD
sunsetting provisions within the LDC, period.
CHAIRMAN STRAIN: No.
COMMISSIONER MURRAY: No.
MR. SCHMITT: Then the next sentence would say, the
five-year sunsetting provisions now in effect in the LDC shall govern.
Does that make sense?
CHAIRMAN STRAIN: No, it doesn't. Because the five-year
effectiveness would go back to the date of the PUD. We're trying to
reference now a date that's not contained within the PUD. It would be
the date of the effectiveness of the settlement agreement.
COMMISSIONER MURRAY: Right, that's got to be the
predicate.
CHAIRMAN STRAIN: I think it's simple enough, Joe. We can
-- it would --
MR. SCHMITT: The trigger is the settlement agreement date,
then, is what you're saying?
CHAIRMAN STRAIN : Yes, sir.
MR. SCHMITT: We'll word it -- we'll try and word it that way.
CHAIRMAN STRAIN: Now we're on paragraph four -- I mean,
Page 4. Before we get into paragraph eight, nine and 10 from the
paper I passed out, does anybody else have any issues they want to
bring into it?
Mr. Schiffer?
COMMISSIONER SCHIFFER: I wouldn't mind somebody
explaining with the exhibit paragraph eight. In other words, put up
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December 13, 2007
Exhibit 2 and --
CHAIRMAN STRAIN: The golf course exhibit with the
one- fifth, one-fifth, one-fifth taken out.
COMMISSIONER SCHIFFER: You can only take one-fifth out
five times. So as each -- just explain it to me. I'm assuming I don't
understand something.
MR. YOV ANOVICH: Probably would work better, Joe, if we
could flip it one way to where it's north/south.
MR. SCHMITT: Then you would be geographically oriented.
MR. YOV ANOVICH: Which, you know, is not my strength.
MR. SCHMITT: Not your strength, right.
MR. YOV ANOVICH: Don't lose that arrow.
COMMISSIONER VIGLIOTTI: Directionally challenged?
MR. YOV ANOVICH: As you've pointed out a couple of times
COMMISSIONER VIGLIOTTI: In addition to vertically
challenged --
MR. YOV ANOVICH: Vertically challenged as well.
The way this works, Mr. Schiffer, as each building permit for a
residential tower is received, a deed restriction is placed on the
property on the west -- I'm sorry, see? The east side of Vanderbilt
Drive. When the fifth -- ultimately when the fifth tower, the permit
for the fifth tower is issued, the entire east side of the property will
have that deed restriction on it. That's how this works.
COMMISSIONER SCHIFFER: And the deed restriction
provides for --
MR. YOV ANOVICH: It would be a golf course. And if the golf
course ever stops, it's got the uses that are allowed in the preserve
district.
COMMISSIONER MURRAY: I have a question on that.
COMMISSIONER SCHIFFER: And the ownership of it would
be --
Page 47
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DeJe~Jr 13:1thn
CHAIRMAN STRAIN: Bob, I've got to ask again, all members,
please wait to be recognized before you speak.
And so Mr. Schiffer, why don't you finish.
MR. YOV ANOVICH: And we should add that the beneficiary
of this deed restriction is the county. So ifthere's any change, if
there's a need to change the deed restriction, the county would have to
bless the change or just say no.
CHAIRMAN STRAIN: That's one of the questions we'll be
getting into.
Mr. Schiffer, does that answer your question?
COMMISSIONER SCHIFFER: That's it, I'm done.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I have a question for Marjorie or
Mr. Klatzkow. The word perpetuity in this case represents what I've
now come to understand perpetuity, is about 30 years or so. Or is this
a conservation easement that really does effectively create perpetuity
as we --
MR. KLATZKOW: It's as long as we can legally get.
COMMISSIONER MURRAY: Okay. So, in other words,
whatever conditions apply at a given time and -- okay, thank you.
CHAIRMAN STRAIN: Forever and ever.
COMMISSIONER MURRAY: Well, until?
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Area one that's been -- why is area
one excluded? It's part ofthe golf course property.
MR. YOV ANOVICH: It is. That's the first area that gets the
deed restriction.
COMMISSIONER CARON: Okay, that's in one.
MR. YOV ANOVICH: We worked our way from the north to the
south.
COMMISSIONER CARON: It didn't have the same -- what if --
there's nothing in this agreement that would prevent them ahead of
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December 13,2007
time from selling off this piece of property, correct? Building five
towers and selling the property?
MS. STUDENT-STIRLING: That could be. But if the deed
restrictions is recorded in favor of the county, it should run with the
land.
COMMISSIONER CARON: Okay. And do we need -- should
we have a conservation easement as well over this?
MR. SCHMITT: I'll answer. And I may need Bill or Barbara. If
it's a conservation easement, that was part of the problem we had
when we discussed the settlement agreement. The conservation
easement is much more restrictive, basically, would not allow a golf
course.
And we're going to get into the next piece with Mr. Strain's
discussion, I know, about green open space. That was the problem,
we want to put it in some kind of preservation, but if we did a
conservation easement it would have to be passive recreation. Golf
course does not qualify. So we have to kind of invent something
different.
Is that correct, Bill? Yep.
COMMISSIONER CARON: But is this not -- does that not only
kick in ifthere's a failure of this golf course, or if they decide they
don't want a golf course?
MR. SCHMITT: No--
COMMISSIONER CARON: Sure it does. This is a settlement
agreement, remember, this isn't --
MR. SCHMITT: Well, that's, I think, the next thing we're going
to -- we talked about it would either be a golf course or remain green
open space.
Now, the difficulty becomes what does that word mean? Could
that be horse stables, could that be a shooting range, could that -- so
those --
MR. YOV ANOVICH: Okay, if everybody will look at what the
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PUD document says, the default provisions in the PUD document
would kick in. Here are the uses that would be allowed on that
property: Passive parks, passive recreational areas, boardwalks,
biking, hiking and nature trails, golf cart paths as permitted in the
preserve -- we wouldn't have that because the golf course has gone
away -- wildlife sanctuary pathways and/or bridges, recreational
shelters or preserve areas --
CHAIRMAN STRAIN: Richard, the issue is going to be what is
a passive recreational area. That is the issue. There's no definition
that I know of for that. And people can opine that that could be
anything from a horse stall to a firing range, possibly. What is a
passive recreational area?
MR. YOV ANOVICH: I don't know, but I would think even I
would have a hard time arguing that the shooting of a gun is a passive
recreational use.
CHAIRMAN STRAIN: I've heard you argue some absurd
things, Richard, so I wouldn't put it past you.
COMMISSIONER CARON: But we have him on record now, it
will not be a shooting range.
CHAIRMAN STRAIN: And Ms. Caron's point is well taken,
and it's one that I brought up with staff as well. We don't have a
definition, so I really would think that there needs to be something
here as to the extent of what a passive use is.
And maybe it's based on a generation of noise or activity, I don't
know. But they could be worse offthan a golf course. And I'm surely
thinking that's not what the people in the neighborhood are intending
by this imposition, so --
Ms. Caron, did you have something else you wanted to --
COMMISSIONER CARON: I was waiting to hear the response
from --
MR. YOV ANOVICH: Well, apparently we're coming back in
January, so perhaps we could work on a definition of passive
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December 13,2007
recreation. I'm not prepared to tell you what that is today.
CHAIRMAN STRAIN: That might be a good solution.
Let Ms. Caron finish first, then Brad.
COMMISSIONER CARON: My next question has to do with
the two residential units. Right now there is no acreage for those two
units. So essentially what could happen on these acres is you could
divide the property in half and say this is my home site and this is my
home site and the green space that everybody wants, you know, goes
away.
I mean, because then you would be able to build your residence
and your horse stalls and your whatever else you wanted using this
entire property.
Now, again, it's not something I anticipate to happen. However, I
have heard you on many occasions say that the golf course industry
ain't what it used to be. So the goal of the community I know was to
protect this piece of property.
MR. YOV ANOVICH: I think the goal ofthe community was
that it would be open space.
COMMISSIONER CARON: Right. Can we establish--
MR. YOV ANOVICH: I don't think the goal ofthe community --
COMMISSIONER CARON: -- establish some acreage?
CHAIRMAN STRAIN: One at a time. You both can't talk at the
same time.
COMMISSIONER CARON: Okay, good.
CHAIRMAN STRAIN: Richard is going to have to repeat it for
the record, because he's the one speaking here today.
So what was the comment? When we come back in January to
review against the SDP we'll get a refinement to this paragraph?
MR. YOV ANOVICH: We'll talk about what a lot size,
maximum lot size for a residence would be.
CHAIRMAN STRAIN: Does that work for you?
COMMISSIONER CARON: Uh-huh.
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December 13,2007
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Rich, let's say we build four
towers, we don't build a fifth. Does that area five still -- what happens
to that? That's available for development of something else then,
correct?
MR. YOV ANOVICH: As golf course. That's what the PUD
master plan shows it is.
COMMISSIONER SCHIFFER: It could be sold to somebody
else and they could --
MR. YOV ANOVICH: Sorry?
COMMISSIONER SCHIFFER: Somebody else could buy,
come into the commission for a change of use, correct?
MR. YOV ANOVICH: Yes. Somebody could come in and try to
rezone the property.
COMMISSIONER SCHIFFER: Would there be a problem
renumbering this where five becomes one and you reverse the
numbering?
MR. YOV ANOVICH: Well, one, it's closer to our residential
neighbors, which provides them added protection. And we've got a
long project that's going to be five buildings long and subject to
potential challenges and to -- there would be -- this protects the
neighbors and also protects us from someone coming after us first
thing after we get our first building and attacking the last four
buildings, because we really don't have anything left from a
development standpoint, golf course-wise, ifthere's a challenge and
we can't get any more building permits.
COMMISSIONER SCHIFFER: Okay, so in other words you do
need the area that -- in case you had to bailout some way you'd have
some land.
MR. YOV ANOVICH: It was not for our bail-out. It was for,
one, start nearest the residences and start the green area protection and
work our way away from them so they're getting more and more of a
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December 13,2007
buffer.
But also protects us from in case someone after building permit
number one comes in and files a challenge and we lose building
permits three, four and five for some reason that I can't think of, we
lose those buildings. We don't have the ability to build the golf course
we wanted. We'd have one tower, it doesn't really support a golf
course use now on that property. It worked mutually beneficial.
COMMISSIONER SCHIFFER: And what would you do with
the property in that circumstance then?
MR. YOV ANOVICH: Right now the master plan says that's a
golf course tract. I'd have to go through a public hearing process to
change it to any other use. And you know, those are pretty easy to get
through.
COMMISSIONER SCHIFFER: What about what if you kept
area one and you called five two, and then you redid the numbering?
MR. YOV ANOVICH: We worked it out with the neighbors, this
is what went through the process, this protects them, and we --
because you'd be pushing an amendment closer to the neighbors,
which I know would be --
COMMISSIONER SCHIFFER: Okay. I mean, the only
problem you'd ever have with the neighbors is -- okay, let it go.
CHAIRMAN STRAIN: Thank you. We're going to take a break
till 10: 15. But before we do, I'd like to let the public know that this
meeting can only go on to 12:00 today. We have not even started to
scratch the surface of this document. It will take a lot more time than
we have today.
For the benefit of the public that's here, starting at 11 :00 I would
entertain that anybody that wants to speak can come up and talk and
let us know your concerns so that at least you get some time in at this
particular meeting that we can then think about before the next
meeting.
So right now we'll take a break till 10:15 and come back at that
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time. Thank you.
(Recess.)
CHAIRMAN STRAIN: Okay, if everybody will resume their
seats, we'll continue with our meeting.
And when we took a break, we left off on Page 4 and paragraph
eight. Brad had finished his comments.
Were there any comments from the other planning commission
members before we walk through the paragraph that's on my sheet?
(No response.)
CHAIRMAN STRAIN: Okay, paragraph eight on Page 4, the
first sentence refers to a certificate of occupancy as the trigger for the
recorded covenants.
These buildings, especially high-rise building, is usually
permitted in a series of permits, so you can get a series of C.O.'s. And
sometimes you get what are T.C.O.'s, temporary certificates of
occupancy.
Now, you could even hold off and get a C.O. in the penthouse
late in order to avoid some delays in getting these restrictive covenants
put in place. My suggestion is that it would occur -- it receives the
first certificate of occupancy or temporary certificate of occupancy for
each condominium building, okay?
COMMISSIONER MURRAY: Receives the first?
CHAIRMAN STRAIN: The first.
Now, Richard, you started to answer the question, or you
partially answered the question that comes up next and that is the
restrictive covenant and who is the beneficiary. You said the county.
Now, I'm a little comfortable with that but I'm a little
uncomfortable. And here's why. Politics is the county. The five
people that are on this board may not be the five people that are there
four years from now or two years or five years or six years. Which
means the restricted covenants then could be changed by approval
from the political process. And I'm not sure that the neighborhood
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needs to want to go through that each time. And I didn't know that's
where you were intending to put these when I wrote out my paper.
But I would also think besides the county, as other documents of this
magnitude have been written in Collier County, there are other
organizations named. And I'm not suggesting the neighborhood,
because that could change, too. But I'm suggesting an agency like The
Conservancy, or an organization like The Conservancy as an
additionally named holder of these restrictive covenants.
The intent is not to change it. And you didn't think you were
going to be able to change it through the holding of it by a public
entity like Collier County. There should be no concern over having an
entity like The Conservancy holding these as well.
Do you have any objection to that?
Jeff, if you have another suggestion? I want to make sure we
don't get lost in the political process in the future is my only concern.
MR. KLATZKOW: Sometimes we also give it to the state as
well. But if you don't trust the county, I'm not sure you can trust the
state either.
CHAIRMAN STRAIN: It's not a matter of trust. Ifit was the
five Commissioner --
MR. KLA TZKOW: I know exactly what you're saying.
CHAIRMAN STRAIN: Yeah, if we had the five commissioners
we currently have, that would be fine. They make decisions that are
consistent somewhat, but I'm not sure what the future holds.
Richard?
MR. YOV ANOVICH: We think that it's appropriate for the
county to be in charge of this deed restriction. They are the elected
officials, they are to be making public policy decisions. If they deem
it's appropriate through the public hearing process to make a change,
we think that's appropriate.
Other groups may have limited desires and may not be looking at
the overall public benefit. And you would be essentially giving them
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veto power to any change. No matter how much sense it may mean
from a public policy perspective, they could have ultimate veto power
and say we don't care what's the best result for the public, we've
decided no. And we don't have an agency that we're comfortable that
will have that overall county-wide as well as local residence concern.
And I think the Board of County Commissioners are elected to make
those decisions and they're the appropriate people to make those
decisions.
CHAIRMAN STRAIN: Do you think that this restrictive
covenant is being suggested to provide a benefit to the overall
community or do you think it's to provide a benefit to the local
community?
MR. YOV ANOVICH: There's a local commissioner who will be
looking at any potential changes and will give input as to whether or
not there should be a change to the restrictive covenant or not.
Frankly I don't think it's going to be an easy thing to change
politically once it starts getting recorded. But I would think that we
don't want to have some other entity with veto power ifthere's an
appropriate change.
CHAIRMAN STRAIN: Jeff, how many votes on the Board of
County Commissioners would it take to change a restrictive covenant
such as this?
MR. KLATZKOW: It would be three.
MS. STUDENT-STIRLING: I would think three.
CHAIRMAN STRAIN: That sure makes it a lot easier to
change, Richard.
MR. YOV ANOVICH: Well then we'll stipulate four. We'll
stipulate a super majority of the Board of County Commissioners.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I personally think the County
Commissioners would be the most -- the best group to use, rather than
small other groups.
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CHAIRMAN STRAIN: I didn't suggest a smaller group, but go
ahead, Ms. Caron.
COMMISSIONER CARON: Well, the simple fact of the matter
is that this is our recommendations to the board. So we can put that
recommendation in there. If the board decides to change it they can
do that.
CHAIRMAN STRAIN: Right. And I agree with you. And
that's where we can ultimately head. I was just trying to find a
compromise that wouldn't have to be into a long-winded dispute at the
BCC level. So that's the only reason I suggested bringing it up now.
I still believe another entity besides the Board of County
Commissioners ought to be there. Your suggestion of 4-1 is a better
alternative, I agree, than the 3-2. So that could be something this
board might want to consider as a recommendation as well.
Go ahead, Mr. Klatzkow.
MR. KLA TZKOW: Let me just -- you know, I hate thinking on
my feet, but --
CHAIRMAN STRAIN: You're sitting down, Mr. Klatzkow.
MR. KLATZKOW: Yeah. Well, sort of.
CHAIRMAN STRAIN : You're thinking on your what then?
MR. KLATZKOW: When you think on that, it's even worse than
your feet.
Maybe the recommendation would be a unanimous vote by the
Board of County Commissioners, or a super majority, just to change
the --
CHAIRMAN STRAIN: Well, a super majority was offered by
Richard already. That would be a 4-1. And I think that's a viable
suggestion to consider for this panel. And now that it's on the table
and we've basically heard a few --
COMMISSIONER MURRAY: I would accept.
COMMISSIONER ADELSTEIN: I would accept.
COMMISSIONER VIGLIOTTI: I would accept.
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CHAIRMAN STRAIN: Whoa, whoa, whoa. One at a time, first
of all.
COMMISSIONER MURRAY: That's what I would--
CHAIRMAN STRAIN: Mr. Vigliotti, then Mr. -- then we'll go
right down the chain.
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: As I said, I think the
commissioners should do it and a super majority is fine.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: A super majority. I don't think
another entity should be involved.
CHAIRMAN STRAIN: Mr. Adelstein?
COMMISSIONER ADELSTEIN: Super majority.
CHAIRMAN STRAIN: I think I could work with a super
majority.
Ms. Caron?
COMMISSIONER CARON: Yeah, I can work with a super.
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: (Nods head affirmatively.)
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: I trust the republic. Super
majority.
COMMISSIONER KOLFLAT: Super majority.
CHAIRMAN STRAIN: Thank you. It will be a super majority.
The next item is -- it says on the third line which at the time the
entire project is developed will restrict the use of the entire GC parcel.
My concern there is an entire project could be developed. We
have Pelican Bay with ghost density. That's still not developed in
some people's minds. So I don't particularly like the reference to at
the time the entire project is developed.
I suggest that it would have to happen -- the restrictions would
have to be effective at the time that they're put in place for the C.O. of
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that building would trigger it (sic).
MR. YOV ANOVICH: No.
CHAIRMAN STRAIN: Okay, well then--
MR. YOV ANOVICH: You're suggesting we record a restriction
now on the entire property?
CHAIRMAN STRAIN: No, no, the CO. No, not now. Nothing
now.
The property is restricted should the golf course fail. And it's
going to be restricted in fifths.
MR. YOV ANOVICH: Right.
CHAIRMAN STRAIN: Five segments. The trigger for the five
segments is now when the first certificate of occupancy is issued.
Okay, so why wouldn't you want to record that restriction at that time?
MR. YOV ANOVICH: We are. We have to record a one-fifth
deed restriction when the C.O. is issued for each building.
CHAIRMAN STRAIN: Okay, but it says--
MR. YOV ANOVICH: So at the end of the day you've got
five- fifths.
CHAIRMAN STRAIN: Okay, but it won't -- your sentence then
bothers me. It says, at the time the entire project is developed will
restrict the use of the entire GC parcel two residential units.
MR. YOV ANOVICH: That language was suggested by the
county attorney's office to make it clear that at the end of the day all
five fifths would be recorded on the property and that entire GC parcel
or that parcel would be subject to this restriction. It was just there to
make it clear to the public that at the end of the day the whole thing is
restricted.
That sentence can come out, as far as we're concerned. That was
there simply because the county attorney's office was uncomfortable
with, you know, five one-fifth increments equaling five-fifths. It was
just additional language.
CHAIRMAN STRAIN: Well, I think you need to explain how
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the fifths work. But instead of at the time the entire project is
developed I would suggest that what is known as the golf course
parcel -- and when all five covenants are recorded, they will restrict
the use of the entire GC parcel to residential units.
It just clarifies at that time that this whole thing will kick in is
when they're all five recorded, instead of making it appear that none of
them may be effective until they're all recorded. Is that--
MR. YOV ANOVICH: It's another way of saying it.
CHAIRMAN STRAIN: Okay, in the same paragraph we now
get into the issue of green open space. And I think -- I heard the
suggestion earlier, this one combined with the passive reference in
paragraph 5.3 of the PUD, you'll come back at our meeting in January
and provide some definition to those two issues?
MR. YOV ANOVICH: Take the word green off.
CHAIRMAN STRAIN: Well, no, because open space is wider
than that then. Now you're opening it up instead of tightening it
down.
MR. YOV ANOVICH: Wait a minute. Remember, at the end of
the day the uses are those limited to what's in the PUD document,
okay? So it's either a golf course or what's in the preserve district.
And we're going to come back and define passive. So we don't need
the word green anymore, because we're taking care of it through
defining the word passive.
CHAIRMAN STRAIN: As long as when you come back we
agree. W e'llleave that issue in this paragraph until you come back
then.
Anything else, Ms. Caron?
COMMISSIONER CARON: No, everything's--
CHAIRMAN STRAIN: Okay. On --let's see, the next
paragraph is paragraph nine on Page 4. This one I understand is
cleared up. Although, and the reason I have still noted is because I do
not have an Exhibit 4, and I still do not want to define that.
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Apparently it's been e-mailed.
Ms. Caron?
COMMISSIONER CARON: I just wanted to say that Exhibit 4
is the sidewalk.
Mr. Y ovanovich, that sidewalk has already been constructed; is
that correct?
MR. YOV ANOVICH: I couldn't tell you.
No.
COMMISSIONER CARON: It is not?
MR. YOV ANOVICH: That's what I've been told, no.
COMMISSIONER CARON: Okay.
CHAIRMAN STRAIN: This is a la-foot wide pathway. So it's
probably twice the width of a regular sidewalk.
COMMISSIONER CARON: What he was just telling me was
only the portion over the bridge where they did their golf cart path has
been done, according to the pathways plan. And that's what I wanted
on the record. The rest of it still needs to be done.
MR. YOV ANOVICH: If you focus in, I don't know if you can
see it, but you'll see down the entire -- this right here.
CHAIRMAN STRAIN: Okay, that's better.
MR. YOV ANOVICH: If you can see on the left side of
VanderbiJt Drive you'll see that's the northern portion of it. And as
Joe is working his way south, you'll see the remainder of it. That's
Exhibit 4. And as you can see, that's the entire length of our property
on the west side of Vanderbilt Drive. So that should work.
That's the clarification that staff wanted and has approved.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Should there be consistency
between the words sidewalk and pathways, or is it understood they're
the same thing, which I didn't think they were?
MR. YOV ANOVICH: We think they're one in the same, but if
you want to change the reference from pathway to sidewalk, that's fine
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with us.
MS. STUDENT -STIRLING: I think they should be consistent.
COMMISSIONER MURRAY: Excuse me?
CHAIRMAN STRAIN: Margie said she thought they should be
consistent. So why don't we just use pathway wherever sidewalk is
referenced.
COMMISSIONER MURRAY: There are distinct differences, as
I remember them being.
MR. KLATZKOW: Pathway can be asphalt--
COMMISSIONER MURRAY: Yeah.
MR. KLATZKOW: -- is my understanding, and sidewalks are
generally concrete.
COMMISSIONER MURRAY: Right.
CHAIRMAN STRAIN: No problem. We'll substitute the word
pathway.
COMMISSIONER MURRAY: So you need to change the
exhibit as well.
CHAIRMAN STRAIN: Okay, on that same paragraph it talks
about the commencement, and it doesn't talk about a completion. I
had suggested that we should have a commencement, and I suggested
the first building permit issued on the property.
And what is commencement? Is it the design, the permitting or
the actual construction?
MS. STUDENT-STIRLING: Mr. Chairman?
CHAIRMAN STRAIN: Yes, Margie?
MS. STUDENT-STIRLING: I think when you read that
sentence, I think it goes back to construction. But it should be
cleaned. We can put construction before commence, just to clear it
up.
CHAIRMAN STRAIN: Okay, so the construction of the
pathway, is that what you're suggesting?
MS. STUDENT-STIRLING: Yes.
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December 13,2007
CHAIRMAN STRAIN: Upon issuance of the building permit
for the first residential condominium. When would it be completed?
MR. YOV ANOVICH: How about by C.O. of the building?
CHAIRMAN STRAIN: Okay. And the building, meaning the
first phase?
MR. YOV ANOVICH: First residential condominium building.
How about we say we commence upon the issuance of the building
permit ofthat and we complete upon C.O.
MS. STUDENT-STIRLING: Mr. Chairman?
CHAIRMAN STRAIN: Yes.
MS. STUDENT -STIRLING: Point of clarification. I think Mr.
Y ovanovich said issuance of the C.O. for the first residential condo. I
think he made the point there could be multiple C.Oo's for a given
building, so wouldn't we want to say the first C.O. for the first tower,
to clarify that?
CHAIRMAN STRAIN: Certainly. I would agree.
Anything else that you want to add?
MR. YOV ANOVICH: Why don't we just, to make it simple for
everybody, we'll just complete it. Let's forget about the
commencement date. We'll just complete it by the issuance of the
very first C.O. for building number one.
So that's the critical thing is the completion, it's not a
commencement. The completion. So it's just --
CHAIRMAN STRAIN: Okay, just as long as everyone
understands. If we have anybody in the public that's that concerned
about this issue, your buildings take two years to build or so. So that
means you wouldn't have a pathway started with when the building
starts. You'd probably more likely start it towards the end of your
building. So it would be the latter part of the two-year period in which
this pathway would be completed.
MR. YOV ANOVICH: Completed, yes.
CHAIRMAN STRAIN: We'll see what reaction we get. I mean,
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anybody on this --
COMMISSIONER VIGLIOTTI: I'm fine with that.
CHAIRMAN STRAIN: Okay. A little mouse over here making
noise. I was wondering what all that was.
Okay, we're on Page 4. I wanted to make sure we finished
everything. I think we did.
Now we're on Page 5. Anybody have any concerns or questions
on Page 5?
Ms. Caron?
COMMISSIONER CARON: Yeah, number 10 involves the bald
eagle management plan, so we are holding that off until the 12th; is
that correct?
CHAIRMAN STRAIN: The portion of that number 10 that
discusses the bald eagle management plan, yes. But that also
discusses the increase in height and a difference in definition of the
setback requirements.
Go ahead, Mr. Klatzkow.
MR. KLATZKOW: We've had so many changes recently, I just
want to be sure I'm not missing something. On section 10, second
line, there's been a change from 17 habitable floors to 17 stories. I
don't know if that changes the concern of the planning commission.
CHAIRMAN STRAIN: Well, that's what we're going to get into
in a minute.
MR. YOV ANOVICH: And I'll tell you why we made that
change. Because that's exactly how it's referenced in the PUD. The
PUD references stories and not habitable floors. So we went for
consistency with the PUD.
CHAIRMAN STRAIN: As long as, and I mention this to you,
the measurement is based upon the definition in the PUD for height.
MR. YOV ANOVICH: It is.
CHAIRMAN STRAIN: Because we've already -- the PUD is an
old PUD but came along before anybody on this board sat here. It's
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basically what we have to live with. And the height, although it's
defined differently than the code, and it certainly isn't a good
definition of height, but it is one that is better than the words --
interjecting the word habitable, which used to be in there.
Now, we're still on paragraph 10, Page 4, and it starts and
finishes on Page 5. Any issues --
COMMISSIONER SCHIFFER: I do.
CHAIRMAN STRAIN: -- further questions on Page 1 a?
Mr. Schiffer?
COMMISSIONER SCHIFFER: I do. And I guess Susan, this
might be you. Susan?
MS. ISTENES: Urn-hum.
COMMISSIONER SCHIFFER: A concern I have is they're
measuring the height of the building starting with the first residential
floor.
COMMISSIONER MURRAY: Yeah.
COMMISSIONER SCHIFFER: Typically the lower level,
which is below the FEMA is definitely all parking. There will be
minor things allowed in there. Essentially not habitable things. They
show storage, which you've got to be careful because that could be
flooded.
But the next level which they're calling the second floor, they
show it as parking, but the drawing that I saw that showed it as
parking didn't show the stairways and the elevators going through that
level. If they would, they would be in the drive lane. So on the SDP
is there amenities shown on that level?
CHAIRMAN STRAIN: I think he's asking you, Susan.
MS. ISTENES: I think I'm going to have to have staff answer
that.
CHAIRMAN STRAIN: Before we go too far, the definition in
the PUD allows them to measure not from FEMA but from first
habitable floor. So they've gained an extra seven feet or eight feet
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almost on average right from the get-go, because the FEMA there is
about 13.
COMMISSIONER SCHIFFER: Yeah I think FEMA's less, I
think. But my concern is that if this first floor has amenities on it,
then it is a habitable level and that would be the first level.
MR. YOV ANOVICH: My understanding is there's no amenities
on that level other than the lobby. Right?
COMMISSIONER SCHIFFER: Lobby, exercise room or
amenities, that's a habitable floor.
CHAIRMAN STRAIN: And an air conditioned space is a good
rule of thumb for habitable area, Richard.
MR. YOV ANOVICH: Sorry?
CHAIRMAN STRAIN: Air conditioned space is a rule of thumb
for habitable area. If you've got air conditioned space, you're most
likely going to have habitable area. So if you've got air conditioned
space on the floor below those elevations, it would be -- there's a good
chance it's going to be considered habitable. You're looking at maybe
sellable space.
MR. YOV ANOVICH: We're talking about the residences.
CHAIRMAN STRAIN: I know you are. I thought that's where
we were gomg.
MR. YOV ANOVICH: What we're talking about is when you
start getting into the condominium units themselves, that's when you
would start measuring. That's why I used the -- I've got to look back,
because I know we've talked about this. When I -- maybe we should
just, I don't know, use the residential portion of the building instead of
the word habitable?
CHAIRMAN STRAIN: No, Richard, you've got to use -- as a
minimum for height what's shown in the PUD which is habitable
finished floor elevation, which is what you did use on your PUD
architectural renderings that you supplied for the SDP.
Brad's asking a question that wasn't available for us to see on
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those drawings. And he's simply saying that on that lower before the
one you've labeled habitable, if you have any air conditioned space,
basically, you do have habitable floor below that, which means you've
got to change your elevation.
COMMISSIONER SCHIFFER: Mark, let me continue.
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: Susan, on that -- in the SDP,
what is shown on that what they call the second level, the plaza level?
MS. ISTENES: I'm looking at it now, and it looks like the --
well, like a lobby, yeah. Just as they describe.
COMMISSIONER SCHIFFER: Do you have a drawing of the
second level?
MS. ISTENES: I have an elevation.
COMMISSIONER SCHIFFER: We never got the second level
drawing. There is one is the SDP package. It shows that level as
parking. But like I said, it doesn't show the elevators and the stairs
going through, which would totally block the access drive. So you
couldn't be for parking.
The other concern is how -- the floor plans that he shows, he
shows one typical floor plan. How important is it that that be able to
be built?
MS. ISTENES: I'm sorry, what was your question?
COMMISSIONER SCHIFFER: The one floor plan they do
show, is that important in the SDP process? The reason I asked is we
haven't been able to build scissor stairs in quite a while, and this one
has it. And there's some remote exit issues in it.
But the point is that I think the biggest question is that where's
the first habitable level. The building code, all governing codes are
very clear on what habitable is. It's not residential. Residential is
certainly a subset.
MS. ISTENES: Right.
COMMISSIONER SCHIFFER: So again, my concern is this
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building might be a little too tall.
MS.ISTENES: It sounds like the confusion might be that they're
showing areas that would be required to meet FEMA and would
technically be habitable by that definition but that aren't being shown
as living areas, per se. You know, units. Is that your concern?
COMMISSIONER SCHIFFER: Right. And the original PUD
discussed that it's measured from the first habitable level. There's
nothing in the PUD that would give anybody, the citizens, the
impression that that meant the first residential, though.
MS.ISTENES: I don't disagree with that. I'm curious if Rich has
a different opinion, though.
CHAIRMAN STRAIN: But he's not -- I think Brad's not getting
at the fact it's the first residential level. He's saying the first habitable
level technically is where the air conditioning space stops, and that's
down another level below where they're starting they're measurements
from, which means their buildings would all be judged higher than
they should be pursuant to the current PUD language that's in place.
So --
MR. YOV ANOVICH: What our -- the SDP that's in and what
we intended by this settlement agreement was that I guess it's the
second floor parking we're talking about right now for purposes of the
SDP, correct, Mr. Schiffer?
COMMISSIONER SCHIFFER: Well, you show in the SDP
drawing second floor --
MR. YOV ANOVICH: I understand.
COMMISSIONER SCHIFFER: -- parking that can't be built.
Because the drawing unfortunately doesn't show the stairs going
through it. Unless you're going to have some, you know, Star Wars
teleporter on the third level to take them to the first.
MR. YOV ANOVICH: But what I'm just trying to make sure I
understand what we're describing correctly, those first two levels of
parking, which would have some -- the top of the two levels would
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December 13, 2007
have lobby space and some other amenities.
COMMISSIONER SCHIFFER: No.
MR. YOV ANOVICH: We -- hang on a second. We did not
intend those areas to count in the measurement of the portion of the
building that I originally I think called residential or habitable. We
expected the separation for that to be governed by the sentence that
talked about parking structures.
Do I have that right, Jerry? Okay. So that would be within the,
quote, parking structure separation of structures.
Then when we got to that next level where the residences start,
that would start the measurement of height. From there to the upper
finished portion of the ceiling, which I think is what the --
COMMISSIONER SCHIFFER: Right.
MR. YOV ANOVICH: -- PUD says, that's where you would
measure your height.
That's what the settlement was based on, that's what the SDP is
based on, and that's what we're expecting to come out of this as a
result of our agreeing, again, to give up all residential development on
the east side of the project, we've got to be able to put those units on
the west side ofthe project.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: But Rich, that's not what the
PUD is based on.
MR. YOV ANOVICH: Well, that--
COMMISSIONER SCHIFFER: There's nothing in the PUD that
would give anybody the impression that, you know, habitable solely
means residential.
And these buildings by nature, you know, have an amenity deck
on the arrival deck. I mean, obviously one of the problems you have
is you're bringing your exits to the basement. You don't have to
discharge on that. That's a deck that has habitable space on it.
MR. YOV ANOVICH: Well, then let's write it correctly so we
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Dece~er 13,'~Oth
don't have any ambiguities. That was our intent was that, you know,
you'd start the measurement of height in the residential units -- in can
use that, is that the right language -- the residential units.
MS. ISTENES: Correct.
MR. YOV ANOVICH: That's where you would start your
measurement of height. Everything below that would be governed by
this other building separation distance.
COMMISSIONER SCHIFFER: Which, based on building codes
and all other governing codes, is essentially giving you an extra floor.
MR. YOV ANOVICH: Okay.
COMMISSIONER SCHIFFER: Well, maybe that's not okay.
MR. YOV ANOVICH: I'm just saying, if that's the practical
result, then -- keep in mind, we're also as part of this responding to the
concern that we don't want residential units on the eastern side of our
project anymore. So we've got to -- we've got to make this all work.
COMMISSIONER SCHIFFER: But let's be clear, there is an
additional floor on this building.
MR. YOV ANOVICH: If that's the practical aspect under the
code, then --
COMMISSIONER SCHIFFER: Mr. Chairman, I do have
conversation on setbacks, but if anybody else wants to talk, let --
CHAIRMAN STRAIN: All right, let's -- each of us -- I can
certainly tell you that there's others that have got comments on this
paragraph. So let's work through this paragraph.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: You have -- if you have other issues on
this paragraph, let's finish with your questions, we'll go to Mr.
Vigliotti next, then Mr. Murray, then Ms. Caron and work on down
through.
COMMISSIONER SCHIFFER: The second major issue is the
way the thing was written is that the distance between the buildings --
I'm not concerned about the parking level, that's low, that can blend--
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the distance between the principal structures is to be one-half of the
combined height. So essentially the height of the buildings, they're all
the same height, which would be 200 feet.
So one of the conditions of this is you want to be able to pull
those buildings 100 feet in.
Now, what you're going to tell you me is wait, there's a little
clause, a footnote that says it could be administratively approved if
you skewed them, but I think in terms of fairness of the neighbors, if
they're expecting essentially a gap the width of the height and alls you
do is play little twisty-poo with it, that I think that's not exactly what
was intended at the PUD hearing.
MR. YOV ANOVICH: Well, actually, the document requires
two things for us to be able to put the buildings closer together:
Common architectural theme and skewing.
COMMISSIONER SCHIFFER: Right.
MR. YOV ANOVICH: And we've met both of those
requirements. There is a common architectural theme. The PUD has
always had that provision in it that we could put the buildings closer
together if we met those two requirements, which we're doing. I
mean, that's -- and we had meetings with the neighbors to show the
site plans. They've seen the site plans. Whether they scaled them off
or not, I don't know. But they've seen this. Jerry was there.
COMMISSIONER SCHIFFER: I don't know what they saw or
what their skill of interpreting drawings is. I mean, I do know that
from an October memo from Karen Bishop it shows that obviously the
way you had them staff obviously didn't like it. So what we did is, in
the same location -- and I have no idea for planning why this makes it
better -- they turned them a little bit, skewed them. Skewed is
non-oblique, non-perpendicular, very easy to obtain.
So the point is, is that really the impression, why bother in the
PUD to have that clause if the intent was to always have them closer
and always --
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MR. YOVANOVICH: Well, no--
COMMISSIONER SCHIFFER: I mean, the concern I have is
that in fairness of what neighbors would expect if they did read the
PUD document and look at the setbacks in it, obviously you had a
little footnote that could get you out of it, they would expect the
one-half the building height.
MR. YOV ANOVICH: Right, unless they -- and if read the PUD
document, the document says if there's a common architectural theme
and the buildings are skewed, the buildings could be closer together.
That's a common occurrence in a lot of the PUD documents that are
approved. I believe even Land Development Code talks about a
common architectural theme and being able to put buildings closer
together.
And we've had this discussion with other projects, Pelican Bay as
an example, where on a lot of the high-rise pads because ofa common
architectural theme buildings are close together, other than the
one-half the sum of the building height, because they've met the
requirements of the common architectural theme.
CHAIRMAN STRAIN: Well, maybe to resolve this, Brad, the
common architectural theme language is prevalent in many of the
older PUD's. This one has had it in. We weren't part of the approval
of that process.
Do you see something in these buildings that is inconsistent with
the application of common architectural theme as found in the PUD?
COMMISSIONER SCHIFFER: No, the common --
CHAIRMAN STRAIN: That's what our objective here is today
is to show where the settlement agreement may be inconsistent with
the PUD. And--
COMMISSIONER SCHIFFER: I think the common
architectural theme is an irrelevant part of this conversation. Yes,
that's easy to obtain. And I'm sure that anybody building them out
would do that.
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The concern I have is just take the silhouette of these buildings,
you've moved them to within like 120 feet from each other. So
essentially we're creating a wall of buildings down the side of
Vanderbilt. The height of the buildings is 200 and -- much higher than
200, because you have accessory structures, and you're public pushing
them in closer and closer. Certainly closer than the chart, is what I
think somebody would expect.
And it also says that they can be. And I guess Susan, you're the
one that would determine the word can, so can these be put closer?
MS.ISTENES: If they meet the requirements of the PUD, which
is common architectural theme and skewed.
CHAIRMAN STRAIN: Doesn't staffrely upon professionals as
well to opine on that --
MS.ISTENES: Well, yeah.
CHAIRMAN STRAIN: -- and have it? I think a professional--
do you have any letters to that effect?
MS. ISTENES: Actually, we do. I don't know that you have
them.
MR. SCHMITT: Do you have a copy of that?
CHAIRMAN STRAIN: I've seen it, Susan, yes.
MR. SCHMITT: We have a letter from an architect.
I think the issue here, Brad, is that the PUD language is clear
from the standpoint the language just says where buildings with a
common architectural theme are angled, skewed or offset from one
another and walls are not parallel to one another, the setbacks can --
and that's the word, can -- be administratively reduced.
That is demonstrated to us. The issue is unless we can verify it
doesn't meet those requirements, I have no option but to approve it.
COMMISSIONER SCHIFFER: Well, my--
MR. SCHMITT: It's just the wording that was in the PUD. I
can't change the wording.
COMMISSIONER SCHIFFER: But then why do we have a
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development standard chart that gives setbacks that you know you're
never going to use? I mean, isn't -- the concern I have is that the
subtlety of that footnote versus the power of a development chart. I
mean, I don't think that's fair.
From a planning standpoint I see no advantage of twisting these
buildings a little bit and sliding them closer together. I mean, what is
the reward planning wise?
MR. SCHMITT: I don't argue that. But I can't put myself back
in the late Nineties when this PUD was approved and others with
similar language that -- it is approved. They have a right to ask for
that under this criteria and it's not subjective in nature. I guess if the
board wants to make that decision, then the board can -- I have to
defer to the board, if they choose not to exercise the word can. And
I'm going to turn to the county attorney, because we had this
discussion even yesterday --
CHAIRMAN STRAIN: Joe, let me interrupt. Before we go to
the county attorney, we cannot hear today -- we're not here to debate
and rewrite the PUD.
MR. SCHMITT: That's correct.
CHAIRMAN STRAIN: We're here to interpret the settlement
agreement as ifit -- to see if it meets the PUD.
MR. SCHMITT: That's correct.
CHAIRMAN STRAIN: Brad, you're not wrong in some ofthe
comments you're making, but the PUD is a 2000 year document. I
don't know how we can go back and change the PUD unless we do it
through the settlement agreement.
But the settlement agreement isn't addressing that kind of a
change in as far as interpretation of the architectural theme. It's not
saying eliminate that or enforce that, it's simply saying here are the
setbacks. If you disagree that the setbacks listed in the settlement
agreement are inconsistent with the PUD, I think then that's a
recommendation that you can suggest. I haven't seen where you've
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proven that yet, though.
COMMISSIONER SCHIFFER: I'm not proving it. What I'm
saying is in the settlement agreement they're discussing the fact that
they can reduce the setbacks to 100 feet. So the setbacks are certainly
an issue of the settlement agreement. Why are they in it?
CHAIRMAN STRAIN: I'm sorry, I didn't see that.
MR. YOV ANOVICH: The reason we put that language in, if!
can, is we wanted to -- and I think staff agrees with this -- eliminate
administrative or administrator's discretion and have a clear,
measurable standard as to the closest possible distance between these
structures. That's all we were trying to do is create certainty through
the settlement agreement.
And I think staff agrees that it's easier for them to go look at this
standard and say okay, if there's a modification in the future to the
SDP, these buildings can be in this locating. Instead of going back to
the provision of they've got to be common architectural theme and
skewed, and do we argue over ifthere's a one degree or a half a
degree, does that meet the skewed definition? We just wanted to take
those arguments out, come up with what we thought was a more
measurable standard. I think staff agrees it's a more measurable
standard, and it's easier to implement than the current standard.
COMMISSIONER SCHIFFER: Well, and here's what you put in
there: The minimum separation for the habitable portion of the
buildings shall be one-halfthe sum of the height of the habitable
portion of the buildings, not to exceed 100 feet.
There's no site plan that ever had this thing 200 feet separation.
So why do you even tease us again with the one-half the sum of the
height? There's no intention to ever provide that.
The concern I also have is that the original PUD where they were
parallel doesn't meet the intent of the PUD. So obviously somebody --
and it's best shown in the October 12th PMS document. It shows
where somebody had a concern with the fact that whoa, wait a minute,
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you're too close and you're parallel.
So what they did is they did another site plan that just twisted
them a little bit, kept them in the same point and then now we're in
compliance. Which I think is -- could be tricking any neighbor that
thought that there was going to be 200 feet between these buildings.
I'm done.
CHAIRMAN STRAIN: Mr. Vigliotti, then Mr. Murray, then
Ms. Caron.
COMMISSIONER VIGLIOTTI: I'd like to bring up two issues.
Getting back to the floor levels, habitable space versus -- could we use
living space or habitable living space, other than habitable that may be
air conditioned?
CHAIRMAN STRAIN: Well, I think, Bob, you're trying to get
into changing the PUD. I don't think we're here today -- and maybe
the county attorney can opine -- I don't know if we're here to change
the PUD more than just say how the language in the settlement
agreement may be inconsistent with the PUD.
Although some of us may not like the idea of common
architectural theme, they may not like the idea of some of this stuff, is
it inconsistent with the PUD? And what you're suggesting would
make a change that is different than the PUD. And I don't think we're
supposed to be going there today.
COMMISSIONER VIGLIOTTI: Okay, back to the second point
with the common architectural theme and the skewing of the
buildings. And Mr. Y ovanovich said that the neighbors saw the site
plan, they're familiar with skewing the buildings and the space in
between. I don't think it's here for us to start making changes to that.
MR. YOV ANOVICH: And also, our understanding of the
application of the PUD document -- our understanding of the
application of the current PUD document regarding height does not
include nonresidential units within the definition of habitable space,
okay? I'm just -- our SDP is based upon those areas you're pointing
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out, Mr. Schiffer, not counting within the 200 feet.
If that's not going to be the interpretation of the PUD, we need to
know that, because that goes to the heart of the settlement.
CHAIRMAN STRAIN: Richard, we're simply going to have to
look at this and recommend to the board what the settlement
agreement language means in relationship to the PUD. Ifwe agree
that habitable floors by your architectural renderings is inconsistent
with what we think the word habitable floor means in the PUD, that's
-- so be it, that will be our recommendation for the board to decide on
how to handle it in regards to a settlement of the case.
MR. YOV ANOVICH: But I think you can also recommend
from a planning perspective that it is -- the settlement agreement
makes sense to have a different definition of measuring height.
CHAIRMAN STRAIN: Well, we're not even that far yet. Mr.
Murray was next.
Mr. Vigliotti, did you finish your discussion?
COMMISSIONER VIGLIOTTI: Yes, I'm done, thank you.
CHAIRMAN STRAIN: Mr. Murray, then Ms. Caron.
COMMISSIONER MURRAY: I want to be clear in my mind,
certainly, whether or not we're managing to -- when we make our
recommendation, whether we're managing to modify the habitable
space that Brad has referenced, which is the second piece of the
garage area. If we name that or determine that to be and recommend
that to be habitable space, doesn't that change also the setback for the
garage space, the setback? Doesn't that also impact on that and then --
CHAIRMAN STRAIN: I don't -- it says the garage is an
accessory structure. I don't know why it would. But that's --
COMMISSIONER MURRAY: Well, a garage, as I interpret the
plan, not presumed, you have your garage area and you have your
structure built upon it, don't you, and that extends out as a wing? If
the second floor, if you will, of that garage becomes in our minds
habitable space, doesn't that then reduce the height of the garage?
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December 13, 2007
CHAIRMAN STRAIN: No, because the garage still extends out
past the edges of the building --
COMMISSIONER MURRAY: Okay, so that's --
CHAIRMAN STRAIN: Well beyond the habitable area.
COMMISSIONER MURRAY: -- why I wanted to have it clear
in my mind. Okay, and that's --
CHAIRMAN STRAIN: Would be my thought on it.
COMMISSIONER MURRAY: -- fine. Ifthat's what the
presumption is, that's --
CHAIRMAN STRAIN: I mean, I don't think it has a huge effect
on the overall scope.
Jeff, can you comment on that aspect of the relationship of the
settlement agreement to the PUD and what we are supposed to be
doing in regards to that today?
MR. KLA TZKOW: Yeah, the Board directed that you look at
the settlement agreement and make sure that it comports with the PUD
and with the board's prior directions and the LDC. Not to change it.
I'm not entirely sure we need this extra language in here. From
what I'm hearing from planning commission is that the PUD controls.
And whatever the PUD language is the PUD language.
This additional change I believe comes from that side of the
table. It may change what the PUD really means.
CHAIRMAN STRAIN: That's exactly what I think our goal was
here today and our charge was, was to point those things out.
MR. KLATZKOW: Yeah.
CHAIRMAN STRAIN: So -- and Ms. Caron, did you have
something you wanted to say?
COMMISSIONER CARON: Yeah. Mr. Yovanovich, when
your client met with the neighborhood, were distances between those
buildings shown on that plan that you presented to them?
MR. YOV ANOVICH: I'm being told yes. I wasn't at the
meeting. I'm being told yes.
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COMMISSIONER CARON: Could I see that plan? Because the
original drawings that we got up until a week ago never showed any
distances between buildings. So we could have had that information
apparently months ago, but we didn't get it? Your planning
commission didn't get it. But you're telling me that the neighborhood
recognized that there would be 100 feet or 150 feet between buildings,
because it was on the plan that they all looked at?
Okay, so here's the real situation. Go ahead and repeat what was
just said to you.
MR. YOV ANOVICH: That -- what I was just told was that there
was a scale on the plans, but a physical line between the structures
was not on the plans.
COMMISSIONER CARON: So it did not say on anything that
the citizens looked at here's building one and here's building two and
the distance between those buildings is 150 feet, or whatever it might
be.
MR. YOV ANOVICH: No.
COMMISSIONER CARON: It did not say that.
MR. YOV ANOVICH: It did not say that.
COMMISSIONER CARON: Right.
So they really, injust glancing at plans in a neighborhood
information meeting, would have had no reason or no understanding
of what those little skewed plans that they were handed actually were
meaning. So they couldn't have questioned that at the time.
I think that the language being put in here is an attempt on staffs
part to sort of be off the hook when these buildings finally go up and
everybody realizes that they have this massive wall of buildings with
only 100 or 150 foot separation between them. And when the
complaints start coming in they don't want to have to deal with it.
Now, in addition there is the question in our LDC about
compatibility and light and air and view corridors. And I want to hear
from staff on the acceptability of moving those buildings closer
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together in that regard.
CHAIRMAN STRAIN: Susan, I guess that might be you.
MS.ISTENES: That analysis is done at the rezoning level. So
once the PUD is adopted with the language, it is presumed to be
consistent with GMP and the provisions of the LDC.
I agree with statements made earlier, I don't like the language. I
don't think we're trying to put anything into the settlement agreement
that gets us off the hook for anything. The language is what it is and I
can't change it. We can only apply it the best way we understand and
how it's written, lawfully written.
So do I like it as a planner? Not really. But it's been adopted and
passed and we're obligated to apply it.
COMMISSIONER CARON: I have one final question for you.
So if there is language in any PUD that might come forward to us
in the future that says that somebody can do something if they ask for
it, then it's an automatic that that will happen? I just want to be sure
so that when I'm looking at other things I can question ahead of time
that it will automatically happen. So this isn't like a shall or a may?
MS.ISTENES: That's my understanding, and based on the
context of this document and meeting the criteria that are set forth in
this document.
So ifthere's a "can" phrase, my understanding from the county
attorney's office is if it meets the criteria, just as Joe said, we don't
have a choice but to. That's my understanding. They can correct me
ifI'm --
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Susan, but look at what you're
saying, is we have a development standard that everybody's expecting
200 feet. You're saying if they turn those walls in any way, skew them
-- that means they're not oblique, that means they're not parallel or
perpendicular -- I can slide that building one nanometer off of the
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other building and you can't say anything.
I think what that clause says is you have the judgment to apply
whether you can do it. I mean, that means I could put a solid wall so
everybody got tricked by that phrasing.
MS. ISTENES: I wish I felt that it said that, but I don't know that
I have -- I would be able to defend my action if I were to choose to do
that or have the ability to make that choice based on the criteria in the
PUD.
That's my honest, straightforward answer. I don't like it, but I
don't think I have much recourse.
COMMISSIONER SCHIFFER: So the joke here is the thing in
the development standard table is useless. Because once they twist it,
they can put them in a row, side-by-side, a nanometer apart. Okay,
enough of that.
The one thing about habitable. Habitable is a definition that we
use in a lot of governing codes from FEMA to building codes and
stuff like that. So I don't think -- you know, that's the word they used.
It has a lot of meaning. So I don't think there's anything other than
what it means. There's no special meaning in this PUD.
CHAIRMAN STRAIN: I think the habitable issue is a viable
deviation from the PUD that we should certainly render some kind of
thought on.
Common architectural theme is in the PUD that we didn't put it
there, this board didn't put it there. And I can't think that this board
has really not addressed this issue when it's come up in the past. And
I know we will in the future.
And I think the staffs in a quandary in having to deal with it.
They have a professional that has supplied documentation that it meets
that theme. They're stuck with it. I don't know how they could go
against it unless they were to come back with some expert opinion that
says it does not meet that.
As an architect do you feel it meets common -- I mean, you may
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-- that's what they'd have to do, I would assume, to counter whether--
COMMISSIONER SCHIFFER: It has to do two things. But
here's the horror of this whole situation. What it meant is that once
you've make your buildings all look alike, once you've made your
walls non-parallel, you have no side setbacks. I mean, pure anarchy.
And Susan's over there saying that, there's nothing I can do, I can
just watch it happening.
The point is that I think what it administratively means is you can
use planning judgment. Susan's a professional, she has a
responsibility with her professional judgment. She has the latitude to
apply some of that but not this pure anarchy of no side setbacks
anymore. That's my point.
CHAIRMAN STRAIN: Mr. Klatzkow, did you have a
comment?
MR. KLATZKOW: I sort of agree with Brad on this.
COMMISSIONER ADELSTEIN: So do I.
CHAIRMAN STRAIN: Okay.
MR. YOV ANOVICH: You know, those are really nice
discussions but, you know, let's remember that you've got a fire code
that you've got to apply, you've got buildings that have got to be
skewed, there's got to be a common architectural theme. All of those
issues were addressed.
What you're talking about, I could build a wall of buildings right
now.
COMMISSIONER SCHIFFER: Yeah, you could.
MR. YOV ANOVICH: Ifwe wanted to build a totally
impractical building, we could build one big huge building with all
those units in it that would block everybody's view under the current
language.
We're not doing that. If you look at that PUD document, it
doesn't go to the absurd result of saying they're going to be one inch
apart, or I think you used a nanometer, between the buildings. That's
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J--
not the result that you're getting. I think you need to look at the site
development plan, see what it is.
And we're saying it's got to be 100 feet apart, you know, if we
ever make a change. We don't get into the debate we're having right
now as to whether or not it meets the PUD.
You cannot can have a PUD document that is totally subjective
with no objective standards. These are objective standards. Common
architectural theme, buildings got to be skewed. We can't be at the
beck and call of whatever the county deems to be the law at the time
on this particular piece of property. These are measurable standards,
they're in the PUD document. You may not like them, but they are
measurable standards, they're in the PUD document and they need to
be applied to this particular piece of property.
MR. KLA TZKOW: Well, I'd like to ask you, Richard, when it
says it can be administratively reduced, how much can you reduce it
by, in your opinion? Is it five percent, 10 percent, 100 percent?
MR. YOV ANOVICH: Whatever the fire code tells me is an
appropriate distance between those buildings, yes.
MR. KLATZKOW: So when -- to get to Brad's point, when it
says can be administratively reduced, you say I can reduce it as much
as I want.
MR. YOV ANOVICH: Because it has two criteria: Common
architectural theme and it's got to be skewed. If you look at the
regular code, the regular code doesn't require it being screwed. It just
requires common architectural theme. It's in the Land Development
Code, you can still do it.
CHAIRMAN STRAIN: Mr. Vigliotti, then Mr. Schiffer again.
COMMISSIONER VIGLIOTTI: Mr. Chairman, was it the
direction of the board for us to compare these documents against the
LDC?
CHAIRMAN STRAIN: Yes, which is what we're doing.
COMMISSIONER VIGLIOTTI: Which, as much as anyone
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might not like it, I think it meets the criteria and we're stuck with it. I
agree with Susan.
CHAIRMAN STRAIN: And Mr. Schiffer?
COMMISSIONER SCHIFFER: And Richard, first of all,
chairman ofthe fire code advisory council, these would be a Type I-A
building, unlimited area. They could be a nanometer apart from each
other. You might have some window placement issues.
MR. YOV ANOVICH: And you've got some landscaping around
the building issues that you've got to put in there, okay, so --
COMMISSIONER SCHIFFER: But the point is --
MR. YOV ANOVICH: We're not going to get that close, you
know that.
COMMISSIONER SCHIFFER: Right, but my major point is, is
that we do a development standard. At the time of the PUD,
everybody's looking at it. The neighbors are reviewing it, everybody
is from that getting good faith as to what this building height is. And
you're saying you never had any intention to use those numbers. You
were going to step out of that table the first chance you got. And that's
not fair. I mean, there's nobody with a prudent mind that would not
read this table and expect 200 feet between these buildings, which are
200 feet tall plus. Thank you.
CHAIRMAN STRAIN: Okay, Susan, did you have something
you wanted to say?
MS.ISTENES: A little bit in defense of myself, because I heard
a statement that I felt was a little bit inaccurate or maybe implied
something.
It's not that I -- first of all, I agree wholeheartedly with your last
statement, Commissioner Schiffer. It's not that -- and I sort of felt like
a statement was made earlier that I don't care, I'm throwing up my
hands and I can't do anything about it.
That's not true. I've been told that based on the criteria in the
document, which is very week, in my opinion, me interjecting my
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professional opinion on whether or not the buildings meet the intent of
the separation distance for whatever they may propose, I have very
little ability to challenge that successfully. And so that's what I've
been told. And that's why you get to the point where you look and say
it's weak criteria. If somebody gives me a letter from an architect,
who am I to challenge? I'm not an architect. And the only criteria in
the code is very liberal.
So I just wanted to -- I don't want you to think that it's not that we
just kind of give up and the developer is running around dictating
whatever their setbacks are going to be. I agree with you, when
somebody reads that table and they see 200 feet, I think they expect
200 feet. And I don't like having the ability to reduce it just on what I
would call willy-nilly criteria.
COMMISSIONER SCHIFFER: Can I respond, Mark?
CHAIRMAN STRAIN: Go ahead, Brad.
COMMISSIONER SCHIFFER: And here's the concern I have,
is that you are the head planner. And I think what the judgment is,
that if you have buildings that you do rotate, then the fact that you
rotate them really does kind of bring them closer together, that's the
latitude you have. Not that once you twist them you can slide them
right into each other.
I think that if you have two buildings and they do rotate, that
does close that, and you have that --
MS. ISTENES: I understand your point.
COMMISSIONER SCHIFFER: -- professional latitude to allow
that. You're taking it to the max, which I don't think you have to do.
MS.ISTENES: Okay, understand.
CHAIRMAN STRAIN: Okay, Mr. Midney?
COMMISSIONER MIDNEY: Would it be possible that we
think in terms of maybe a future LDC code amendment that would
change it and quantify this a little bit?
CHAIRMAN STRAIN: Sure. We make--
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COMMISSIONER MIDNEY: It seems like it's hard to do
anything right now.
MR. SCHMITT: I would recommend, frankly -- and it's been
our position because we've had other PUD's with the same language --
we don't even accept this language anymore.
So that's -- the issue is not to clarify the criteria, the issue is not to
accept it as a criteria in itself. So you don't see this in PUD's, newer
PUD's. We just don't -- the language is omitted.
CHAIRMAN STRAIN: Okay, I made a commitment that the
public would be able to speak before we were to close today. I'm not
sure how long that will take, but I want to make sure we get to hear
the public.
So before we move any further in this document, I'd like to ask
the public speakers to say their -- to come and provide their comments
to us today. We'll still continue till 12:00 and we'll just end up where
we end up.
Margie, could you call the speakers for --
MS. STUDENT -STIRLING: Yes, I will. And I want to state for
the record that Mr. Iverson had to leave at 10:00 and he will be in
contact with my office about the later hearing. And I've given the slip
to the court reporter.
Gary Edson?
MR. EDSON: Hi. My name is Gary Edson and I live in Glen
Eden, which is across the street.
Just for the record, I had spoken with the developer prior, what
has it been about eight months, six months, whatever it was. We
talked about some of these issues.
I hope -- I think that the spirit that we have to operate here is to
make sure that there's a consistency all the way through this planning
process.
The impression that I've gotten in speaking with the developer,
that intentions were there to try and work with the community. And I
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hope that those will continue. The effort to get this green space or
whatever we're calling it, a name yet to be decided, is critical to us,
and we hope that that will -- it sounds like we've got good language
for that, or at least we're moving in that direction.
The buildings -- I'm the guy, and a lot of other of us are really
probably saddened by the buildings, but we weren't -- we didn't fight
that fight. We got 22 stories reduced to 10 at Aqua and we fought
what, 18, 20 months to do that. And that was important to us.
Unfortunately I'm disappointed that we're going to have the
buildings that we're going to have. But that isn't going to change.
And the fact that they're getting closer together, I hope that the group,
Lodge, Signature, whatever the name of the group is, I would hope
that in the spirit that those buildings don't get close together. I think
that that would be a breach of trust with the community.
We can't -- I can't do anything about it. I can only voice my
opinion. But I would hope that the developer would recognize that I
don't like driving by Signature and seeing those buildings 10 feet --
they feel like they're 10 feet off the road, which it's going to -- line of
sight. We didn't see -- I don't see a line of sight that -- you know, we
didn't have a -- I didn't have a chance to participate in that.
So Ijust hope that when the buildings are coming together that
the conscience of the developer is going to rise to the occasion and say
hey, you know, why are we doing this? Why are we putting them
together? Can we push them back a little, can we do this, can we do
that, can we make it nicer for the people. I think it's good that you
want to make all the money, but I hope we can, you know, address
that issue.
It's not very factual, it's kind of a heartfelt statement, but I'm
appealing to the developer that those considerations will be put in
place.
And as far as what you guys can do, do your best. Brad, I
appreciate your comments. I mean, I think it's horrible. I think that it's
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not a good thing that we can have a rule and say oh, by the way, that
rule doesn't count. That's kind of what you're saying.
But that's up to the developer. They're going to have to use their
conscience at this point. If they do it right, the people will be happy,
if they don't, they'll be wrong, but there ain't much we can do about it.
Since there hasn't been much else discussed today, it sounds like
the super majority thing, I was pleased to see that. I think that's
excellent. I mean, it's certainly a start in the right direction.
And I think that the five towers, when you're complete with the
fifth tower, when you put the C.O. on the fifth tower, that's what the
green space is all committed. I think that's good that you clarified
that.
The max size of the lots, absolutely critical. I'm glad that you're
addressing that issue.
So as far as you've talked today, I guess my biggest
disappointment is the height. My second disappointment is the
closeness side by side. My third disappointment, when I looked at --
and I hadn't seen this before. When I looked at this drawing that's
available over at the -- when you go over to the buildings next door,
these -- you know, these drawings are now available. When I see how
close this one is to the road, I don't know, but if it's 20 -- 220 -- what's
it going to be 230 feet high? Pardon me? It's three from the feet, but
I'm saying it's 220 feet --
CHAIRMAN STRAIN: Sir, you'll have to direct your questions
to us. It's 385 feet from the road and including the accessory
structures it's about 250 feet high, something like that.
MR. EDSON: Okay. So line of sight. What does that equal in --
I mean, does that work out to be --
CHAIRMAN STRAIN: We'd have to have the plans here to see
how that looks.
MR. EDSON: That was just a concern. Haven't seen the details
on it, but just is alarming. I think --
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MR. YOV ANOVICH: Here's the line of sight.
MR. EDSON: Okay.
MR. YOV ANOVICH: Right there is -- Gary. I'm sorry.
The building that's closest is building number one, which is the
one that is within 385 feet. As you can see from -- and that's both
lanes on Vanderbilt Drive. As you can see from one of the lanes the
building's totally obscured, and from the other lane you've got a little
tiny piece of building one you're going to see. The rest of the
buildings, due to their distance back and the landscape plans that are
part of the SDP, you won't see at all. And that's at planting, not at
growth.
So what you're talking about, even though you -- this wall of
buildings you're going to see as you're driving down Vanderbilt Drive
is a wall of landscaping.
MR. EDSON: Well, it is and it -- yeah. I understand. I
understand what you're --
MR. YOV ANOVICH: Okay? And if you look, if! can go back
to this, and it's hard to --
MR. EDSON: Don't do that so fast, you're going to be sick.
MR. YOV ANOVICH: As you look at this drawing, and I'm
going to --
CHAIRMAN STRAIN: You've got to use the speaker.
MR. YOV ANOVICH: I will, I'm sorry. I'm trying to get it to
work.
If you'll look at this drawing, this is building one, which is the
most southern building. That's 385 feet. The tower portion, the
residential tower portion from Vanderbilt Drive.
The garage is 276 feet. You know, the garage is a very low
height. So there's quite a bit of setback.
Then the next closest building I believe is the residential tower
itself, is 580 feet from Vanderbilt Drive with a garage being 454 feet.
Then you get to building number three, it is 782 feet from the
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residential living portion of the building, and then 671 feet for the
garage.
Building four is 878 feet for the residential portion, 781 feet for
the garage.
And then building number five, which is the most northern one,
that's, you know, 1,400 and I think that's 24 feet from the road, and the
garage is 1,297 feet. So these are not fronting right on top of
Vanderbilt Drive.
MR. EDSON: What is then the distance between tower to
tower?
MR. YOV ANOVICH: Okay, building one and building two, the
distance is one -- I'm trying to read those numbers.
COMMISSIONER SCHIFFER: 53. 153.
MR. YOV ANOVICH: The garage is 107, the residential towers
are 153.
The building two and building three, the towers are 126 and the
garages at the nearest point are 60 feet.
Building three and four, the towers are 127, and the closest part
of the garages are 81 feet.
And then building six and building five, they're -- the closest
portion of the garage is 227 and the tower itself is 341 feet.
MR. EDSON: It would appear that based on the configuration, it
almost looks like you can't get them all on unless they're that close.
MR. YOV ANOVICH: Correct. Well, we can -- I guess we can
get closer to the road and we could -- or we could build a lot of our
residential units, the ones that we moved over, remember, on the golf
course?
MR. EDSON: I'm just trying to understand, you know, the logic
and what caused the thing. And I don't want to take up -- I have taken
-- overextended my time, but I don't want to do that, so thank you very
much.
CHAIRMAN STRAIN: Thank you, sir, we appreciate your
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input.
MS. STUDENT -STIRLING: The next speaker is Robert
Butkevich.
MR. BUTKEVICH: Good morning, ladies and gentlemen. I
appreciate the time.
My name is Robert Butkevich. I'm the Operations Manager of
Tower Point-Arbor Trace Retirement Community and Assisted Living
Center that's directly on the north border ofthe Caloosahatchee Bay
property .
Now, I can't tell you how important the eagle nesting is to us.
And I realize there's going to be changes made now in the eagle
management plan. However, for years our owners have loved these
eagles. They come and they land in our trees, on top of our building,
they drink, bathe and feed in our pond. It's a huge part of the
community . We have eagle seminars, pictures brought in on a regular
basis.
For those in our assisted living facility, the highlight of their day
often is being able to sit outside and watch those eagles come down to
the water. So that is a very important part of our community.
Now, as of last October 7th -- I know this because I watch on a
regular basis, I am an avid eagle watcher -- they returned to their nest
off of Vanderbilt Drive October 7th of last year while the construction
was going on the overpass. Now, over the next three days they went
back and forth between the woods on our adjoining property, as well
as the nest and finally abandoned the nest and start building the new
which now exists today close to the borderline of our property, along
with Signature Communities.
Now, my main concern is, or was, and maybe it's been alleved
(sic) now, is in the current documents it stated that building number
five would be built first, and now it's been suggested that they would
start at the south end and start with building one and finish with
building five, which is hopefully what will take place.
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December 13, 2007
But even with that my main concern is if the eagles are disrupted,
you can't just say sorry, come on back. Like I said, they're a huge part
of the community. So some guidelines, strong guidelines really need
to be put in place as far as when building can actually take place. If
that bird comes back -- if the birds come back to nest next October and
construction is going on, it's going to take five days for the legal
process to take hold to stop the project, they could be gone by that
time. So something needs to be in place really all the time so that
everything will be done to keep those birds from leaving their
territory .
I realize it's up to you to decide that and then beyond that to the
commissioners and Signature Communities.
It is our hope that by the slow process of getting the building at
the very south end and coming north during the off season the birds
will -- the eagles will just adjust to that and they'll coexist with us, and
the owners of Signature Communities will have as much love for
those eagles as all of us do in our community.
So like I say, it's just very important that everybody understands
that there is no second chance. In those eagles get scared off, we've
lost them forever. We've already lost the nest in Pine Ridge
neighborhood that was cut town, we've had a nest abandoned near the
Germain car lot because a parking lot was just expanded. Even
though they're being de-listed from the national register, in Collier
County they've become even more endangered because of loss of
habitat and being driven away.
So far Signature Communities has been excellent land stewards.
They've given us the opportunities to enter their property and monitor
the eagles as they were doing themselves. However, like I say, all it
takes is one error and those birds would get scared off, it's all over
with. And it could be devastating to our community.
So I'm hoping that everybody involved will seriously consider
this issue and put not only the residents of our community but the
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December 13,2007
environmentalists, nature lovers and hopefully the new owners in the
Caloosahatchee Bay project, make them very happy to have this, too.
So thank you for your time.
CHAIRMAN STRAIN: Thank you, sir.
And last night we received what's called a new bald eagle
management plan. And I know you probably haven't seen it. Before
the next meeting, if you were to contact one of the staff members here
today and leave them with your e-mail address and they could e-mail
that to you. If there's issues in there that seem to be striking a problem
with your discussion here today, you may want to come back on I
think it's going to be the 11 th of January and let us know your
concerns.
MR. BUTKEVICH: Thank you very much.
CHAIRMAN STRAIN: Thank you, sir.
Next speaker, Margie?
MS. STUDENT-STIRLING: The next speaker is Gina Downs.
She's the last speaker.
MS. DOWNS: Hi, I'm Gina Downs.
I have three issues. I'm a neighbor, I live on VanderbiJt Drive.
One is the neighborhood info meetings. Obviously this was not
clearly disclosed, or would you say it was misrepresented in that it did
not show the distance between buildings, so we were not able as a
neighborhood to determine if that was a good plan from the get-go.
Secondly, I would say the PUD document says the tradeoff is if
there's a common architectural element, then they can move the
buildings closer together. Well, as a neighbor, common architectural
element is not a concern to us. That doesn't benefit us in the
neighborhood. I drive down Gulf Shore or Pelican Bay. I don't find
five buildings architecturally similar. If one building has an Italian
theme and the one next to it has a French theme, that doesn't impact
me as a neighbor. But buildings too close together to be attractive to
the eye do affect the neighborhood. And I don't think that was clearly
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represented from the get-go.
I don't have any doubt these are going to be attractive buildings, I
have no doubt they're going to enhance the value of my property. I'm
not bothered by the development going in there.
Like everybody else on my street, I'd rather there had been no
development. But I'm sure the people who lived on my street before
my development went in felt the same way. So I'm sure this is going
to be a very attractive development. And I welcome them and I wish
it were done in a way that the neighborhood was aware of from the
get-go so we could have had input way back when.
The third issue is I think my neighborhood has had issues with
Joe's department. And I'm sure a lot of others have. I think it's very
curious to learn that the word can be administratively reduced means
will or must be administratively reduced. Because we have a lot of
issues that we would love to have known that can means will or must.
So I anticipate bringing our issues back and using that wording to say
will or must be administratively reduced. Fair warning.
Thank you.
MS.ISTENES: It's not my decision --
CHAIRMAN STRAIN: Thank you.
MS. ISTENES: -- it's the county attorney's office.
CHAIRMAN STRAIN: Thank you, ma'am.
Okay, that's the end of -- Margie, is that the last speaker? Is that
correct?
MS. STUDENT-STIRLING: Yes, it is.
CHAIRMAN STRAIN: Okay, we left off on paragraph 10.
My understanding from what I'm hearing here today, we may
want to consider two parts of paragraph 10. The first sentence gets us
to an issue of going from 15 to 17 stories, not to exceed 175 feet in
height. The way it's written, the definition of stories would fall back
on the definition of height in the PUD. That's one issue.
Then the second issue deals more with additional definitions of
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height, referring to habitable portion, and then the separation between
the buildings. I know there's disagreement over the separation
between the buildings as to how it may be interpreted throughout the
PUD.
The first issue is the first sentence maybe we all ought to concur
on, that the height rise from 15 to 17 stories. Let's work on that first.
Is anybody concerned about that sentence?
(No response.)
CHAIRMAN STRAIN: Okay, so is there any -- from our
recommendations to the county commission, that first sentence
basically -- we wouldn't have any further comments on.
I think that's good, but I wanted to -- the second sentence from
the end of that first sentence on where it starts with footnote two,
what's the -- and without going into a redefining of it, I think what
we're here to do is to say is that sentence or is that back into that
paragraph consistent with the PUD or not, or do we feel it should be in
the settlement agreement? Maybe the consensus is that that whole
remaining part of the paragraph just comes out of the settlement
agreement --
COMMISSIONER SCHIFFER: Well, Mark?
CHAIRMAN STRAIN: -- and then that falls back on the
interpretation of the PUD.
Go ahead, Brad.
COMMISSIONER SCHIFFER: Footnote two is actually
reflecting the height that we just agreed upon. Footnote two says,
building height for the north property adjacent to Arbor Trace in the
R-l tract shall be 15 stories. So footnote two doesn't have anything to
do with --
CHAIRMAN STRAIN: You're right.
COMMISSIONER SCHIFFER: -- what follows. So I --
CHAIRMAN STRAIN: I meant then we should start with the
added underlying sentencing that really was only added in the addition
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December 13,2007
we received on Tuesday. Prior to that it was struck.
COMMISSIONER SCHIFFER: Well, I read -- I think this was
an issue that's been happening with staff. There was a memo from
Pettit that said even though you struck it, it's still an issue. So I guess
that's why it came back in. Is that right?
CHAIRMAN STRAIN: That was struck by the applicant, I
believe.
MR. YOV ANOVICH: No. It was in -- this was in -- we
originally wanted it in and then Mike Pettit said that was a new
provision. And that was the provision that we understood created the
need for this to come to the planning commission in the first place. So
we said okay, if you interpret that to be a new provision and that's why
we're going to the planning commission, let's just take it out.
And then we were told, well, we're going to go to the planning
commission anyway, and we said, well, then why don't we put the
clarification language in, discuss it, and let's debate that language to --
we would explain to you why we think we need it, that it's a
clarification, it's a more measurable standard, it's better than the
language that's in the PUD today, and then discuss that language. I
believe your staff agrees it's better language than what's in the PUD
document today, but --
CHAIRMAN STRAIN: Well, it goes back in, Richard, and
actually kind of messes up some of the definitions. It really -- I think
in some ways it may hurt you because it redefines the height as
habitable portion. So now we're back into the debate on the habitable
portion, and habitable is not the word that you've drawn these
drawings to.
I'm not saying we want to accept your drawings, I'm just saying I
don't know how that's going to help you.
And the last part of it says, the buildings not to exceed 100 feet
of separation. So that means they've got to be closer than 100 feet, and
your entire plan is in violation of that.
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MR. YOV ANOVICH: We had that little discussion about
whether minimum was the right word or maximum is the right word
for -- you know.
CHAIRMAN STRAIN: I don't see how those sentences help
you. And I think they're the probably right now fairly good-sized
issue of contention on this board.
So what's the thoughts of the board in what we'd like to suggest
in regards to the underlined sentence on paragraph 1 a?
Mr. Schiffer?
COMMISSIONER SCHIFFER: I mean, I think we should take it
out rather than legitimize what I think is a problem with the setbacks.
And that's a problem I think staffs going to have to deal with, because
that's how the PUD was written.
CHAIRMAN STRAIN: No, I don't think it's going to be staff to
deal with it. I think it's going to come back in our lap when we review
the SDP documents that are going to be coming to us in January.
COMMISSIONER SCHIFFER: Then that's certainly a good
reason to take it out.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: I actually think we shouldn't do
anything with it right now until we come back in January, and then we
can deal with this issue.
CHAIRMAN STRAIN: Anybody else have any thoughts on it?
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Yeah, I agree with Ms. Caron on
that. I think we ought to hold on this until we're really clear on it. At
least for me, anyway.
CHAIRMAN STRAIN: Brad, do you have any problem with
that?
COMMISSIONER SCHIFFER: No. I think the real issue
should be discussed once, and I think it's -- before we leave today,
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December 11 t07
there's a couple documents I think I'd like to request before we do
have that discussion, too.
CHAIRMAN STRAIN: Okay. Well, then I guess the consensus
from the board, unless I hear otherwise, is we're going to defer further
analysis on paragraph 10 until we get to our next meeting after we've
had time to see the latest SDP documents. Is that okay with everyone?
COMMISSIONER ADELSTEIN: That certainly is.
CHAIRMAN STRAIN: Okay. We have a half an hour left. I
think we can keep moving through. About 10 minutes of or so I'm
going to pause to try to make sure we've established a new date that
we can continue to.
Okay, we're still on Page 5 and now we're moving to paragraph
11. Anybody have any problems on paragraph II?
Ms. Caron?
COMMISSIONER CARON: It talks about the 590 units.
However, if you add up what's been proposed, as far as I know, there
are 582 high-rise units, and two other residential units for a total of
584 units, not 590. And I'm just not comfortable approving what
essentially we've learned is ghost density on projects. What they've
put forth that they want to build is a total of 584 units.
CHAIRMAN STRAIN: Yeah, but we would have to accept what
the PUD already approved. And I think if the PUD is for 590, it's 590.
We're not here to change the PUD. I don't know how we could
reduce zoning on a PUD when that's not -- we're here to review a
settlement agreement. So I think we really would need to -- that issue
needs to be deferred to the PUD. And I believe it's 590, yeah.
MR. SCHMITT: Yes. I'll put it on the visualizer. It's 590.
The settlement agreement is actually moving the density that was
allowed in the original PUD and moving it from the east side to the
west side of the development. That's essentially what the settlement
agreement was doing as well. And only allowing two units in the golf
course --
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DlPmler 1 t, A07 ~
CHAIRMAN STRAIN: Ms. Caron?
MR. SCHMITT: -- rather than the 20 as shown here. And the
other 90 were in another area. We'd have to pull out the original plan.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Well, I mean, I just see that we've
made a change in this, because we no longer have R-l and R-2, we
have a single R property, with the exception of two units. This is all
very convoluted. I don't see this as a direct transfer.
What happened was the community agreed that in exchange for
no building, other than the two units on the east side of the property,
the petitioner would get two floors on the top building. So the two
floors, they're building buildings that are 12 units -- or six units per
floor. So that transferred 12 units over there.
MR. SCHMITT: I'm only bringing forward what the board
agreed to.
CHAIRMAN STRAIN: Right.
MR. SCHMITT: Staff did not get into a discussion. This was
agreements initially discussed with the petitioner and the --
COMMISSIONER CARON: Okay.
MR. SCHMITT: You know, we -- this is -- I don't know, Mr.
Y ovanovich, if you want to provide background on that, but this was
discussed at the board and we're only bringing back what the board
directed staff to put in the document.
MR. YOV ANOVICH: Right. And there's also language within
the PUD document itself that would allow us to move some of the
units from the R-2 and the GC over -- some or all the units over to the
west side.
CHAIRMAN STRAIN: I'm going back to the same position that
I tried to express earlier. We're here to point out the differences
between the settlement agreement and the PUD. The 590-unit
reference is consistent with the PUD.
COMMISSIONER CARON: All right. So I just want
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December 13, 2007
everybody to be aware that in point of fact, while we're seeing a plan
that shows, you know, 584 units altogether, in point of fact 590 units,
with the exception of two of those, can and potentially will be built on
the west side of that street.
MR. YOV ANOVICH: We could put another six units over
there, yes.
COMMISSIONER CARON: I want everybody to be aware,
because they're not.
CHAIRMAN STRAIN: Any other points on number II?
(No response.)
CHAIRMAN STRAIN: Richard, the word shall in the second
sentence, you may want to change that to may, so that if it shall be
multi-family, but then in the next sentence you want to single-family.
That seems to be inconsistent. Why don't we just use may be
multi-family. Because obviously not all of them are going to be.
MR. YOV ANOVICH: Okay.
CHAIRMAN STRAIN: The 20 feet set back from the internal
road, you know, you're going to come back with an analysis ofthe
size of these lots and everything. If you haven't even fixed them yet,
does 23 feet bother you? Because that's the standard we've used now
in the county for a couple of years.
MR. YOV ANOVICH: Well, I mean, the LDC requires 23 feet
from the sidewalk. We could have a side loaded garage that can
actually be 20 feet from the sidewalk.
CHAIRMAN STRAIN: I agree.
MR. YOV ANOVICH: So, I mean, the LDC is still going to
govern the fact that we need 23 feet from sidewalk. Does that address
your issue?
CHAIRMAN STRAIN: Yeah, that does. That's fine, if that's -- I
mean, as long as that's your intent, I have no problem with that.
Okay, anything else on Page 5?
(No response.)
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December 13, 2007
CHAIRMAN STRAIN: Okay, let's move to Page 6. Starts out
with paragraph 13. Anybody have any issues on paragraph 13?
(No response.)
CHAIRMAN STRAIN: Well, this is the bald eagle management
plan, so this one's going to have to be put offtill January lIth.
I do have some concerns on it. Maybe between now and January
11 th when we discuss it under the bald eagle management plan, if
there's a way to address those concerns, they can be resolved at the
same time. But I don't want to beat it to death twice, so let's move on.
MR. YOV ANOVICH: And I would like to take an opportunity
to point out, I believe on the site development plan documents you
have, you will see that the bald eagle management plan was in fact
written on those SDP documents in response to a staff comment. So
we did that back in our submittal in October.
So that language was added to the SDP documents themselves,
the sequencing in the bald eagle management plan.
CHAIRMAN STRAIN: Okay. Well, that will come back on the
lIth of January.
Paragraph 14, does anybody have any issues on paragraph 14?
Ms. Caron?
COMMISSIONER CARON: Shouldn't we always refer to it as
the Bert Harris Act, as opposed to the Harris Act? I don't know, the
lawyers will have to tell me ifthere's another Harris Act out there
somewhere.
MS. STUDENT-STIRLING: Certainly. We can do that.
CHAIRMAN STRAIN: Tom, Dick and Harry Act. There's all
kinds of acts, huh?
COMMISSIONER CARON: Right.
CHAIRMAN STRAIN: Okay, let's go to Page 7. Page 7's got
some new language on item 15.
MR. KLATZKOW: Mr. Chair?
CHAIRMAN STRAIN: Yes, sir.
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December 13, 2007
MR. KLATZKOW: I would ask that 15 be eliminated entirely. I
don't think it's necessary. I know, I've had discussions, and I don't
think it's necessary to this agreement. And I think it might have
repercussions down the road.
CHAIRMAN STRAIN: Anybody got any comments from the
panel?
(No response.)
CHAIRMAN STRAIN: This just came out and the copy I had
up until yesterday or last night was blank, so I hadn't really gone over
it myself.
Ms. Caron, did you have a comment?
COMMISSIONER CARON: Well, Ijust had a question.
Mr. Y ovanovich, when you and I talked, you said that the
submerged lands, the acres of the submerged lands that Florida was
claiming were 173.5; is that correct?
MR. YOV ANOVICH: I gave you the net number. Subtracting
out the 127.92. I gave you a bad number. The submerged land
number is 127.92. What I had given you, Commissioner Caron, was
the net number of the open space minus that resulted in a new open
space number of 173.5. So I had given you --I gave you a wrong
number when I said 173.5 was the actual submerged lands. I gave you
the wrong number.
COMMISSIONER CARON: What I'm telling you is I don't
think that the math agrees at any rate. Because if you were subtracting
-- if they're taking out 127.92 acres and you're subtracting it from your
open space of308, you're not going to get 173.5.
MR. YOV ANOVICH: I'll talk to the engineer who gave me
those numbers. I didn't do the math myself.
COMMISSIONER CARON: I mean, it's just --
MR. YOV ANOVICH: I hear you.
COMMISSIONER CARON: -- addition and subtraction, okay?
MR. YOV ANOVICH: I filled in the blanks based on the
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information. It's within an acre or two. We'll make it jive. We'll
make it exact.
CHAIRMAN STRAIN: Richard, is there any reason to leave
that language in at all, following Jeffs suggestion, of just omitting
paragraph 15?
MR. YOV ANOVICH: We don't -- we didn't ask for the
language so we don't have an objection to it coming out.
CHAIRMAN STRAIN: County attorney's office doesn't feel it's
needed. I don't know why we need it.
Does anybody on the panel seem to need that language in there?
COMMISSIONER SCHIFFER: No, just a --
COMMISSIONER VIGLIOTTI: Not at all.
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: Don't we not allow the use of
submerged land, no matter who owns it, for density?
MR. YOV ANOVICH: No.
COMMISSIONER VIGLIOTTI: Not at this time.
MR. YOV ANOVICH: Well, that's new. Not now. But back
when this document was prepared, if you own the water, you did get
to include it. And now there's been revisions that say no, you don't get
to.
Look, the important thing from this paragraph, as you can see, if
you take that out of the calculation, we're still 1.46 units per acre,
which is well under the comprehensive plan number.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, I have one other question
then.
If we take this language out, now that we know it is in point of
fact true, then that makes the PUD incorrect. And if this were any
normal situation and these facts came to light, they would have to go
through an entire PUD amendment process.
MR. YOV ANOVICH: Well, there's -- the difference here is
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there's a dispute over ownership. We're not saying the state's right, but
from a practical standpoint, from a dollars and cents standpoint, it
didn't make any sense for us to take the state on, because it doesn't
affect us. From a legal standpoint it didn't affect us, so we didn't -- so
it's true, we think we own it, but the state thinks they own it as well.
The county attorney's office said let's report this information in the
PUD so nobody can accuse us of rezoning property we don't own, and
we'll take it out.
COMMISSIONER CARON: Okay, take it out.
CHAIRMAN STRAIN: I mean, if there's no need for either side
to have it in, let's just recommend it not be added.
MR. YOV ANOVICH: Is it coming out?
CHAIRMAN STRAIN: Yes. That's the consensus of this board,
or at least the recommendation.
Okay, we're on Page 7, paragraph 16. Anybody have any
comments on that?
MR. SCHMITT: Sixteen will now be 15.
CHAIRMAN STRAIN: Well, let's not try that today. Let's just
keep the numbers like they are.
Okay, paragraph 17.
COMMISSIONER CARON: I'm glad Joe's paying attention.
CHAIRMAN STRAIN: Paragraph 17 starts on page 7, goes to
Page 8. I had quite a few problems with it. Anybody have any issues
you want to go into other than going through the process that I already
laid out?
COMMISSIONER CARON: I haven't seen what you laid out, so
CHAIRMAN STRAIN: Well, I was concerned that a third party
challenge to this agreement could be unending, so I know there's a
legal time frame, and I'm asking that we insert a legal time frame that
would match the challenge from when a settlement agreement is
effective to the time frame in which a person could come in and
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challenge it, rather than leave it open-ended. Because this has a lot of
impacts on monies that are funded and how they're to be funded and
how they could be retained or returned.
So -- and Margie, you and I had spoke about this, and you were
going to try to find out. I don't know if you've had enough time to do
so.
MS. STUDENT-STIRLING: Yes, I did a very quick look
through, both by computer research and other, and so far I hadn't
found anything in the statute. But maybe if we put in accordance with
the requirements of Florida law that that will cover it. Or as required
by Florida law.
CHAIRMAN STRAIN: I think that would work. Anybody else?
(No response.)
CHAIRMAN STRAIN: Okay, the next item on here is this talks
about a third-party challenge, and then if Lodge is prevented from
being able to develop the project consistent with the revised master
plan, county agrees to return all the money.
Well, being able -- being prevented from developing the project
because a permit is causing you some concerns at the time is certainly
far different than being able to be permanently prevented from
developing the project.
So what I would like to suggest, that this language only kicks in
if Lodge is permanently upset from be able to develop the property.
Otherwise, temporary setbacks through the federal and state
permitting process may trigger this paragraph, and I wouldn't want to
see that happen.
So it would be a permanent inability to develop the property from
a challenge.
MR. YOV ANOVICH: I don't know how I --
CHAIRMAN STRAIN: Well, if someone challenges the bald
eagle's biological opinion and you have to go out and get another one,
you're going shut down or you're going to be stopped until you do.
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That's not a permanent damage to you.
MR. YOV ANOVICH: What in never get the biological
opinion?
CHAIRMAN STRAIN: Well, that's permanent then.
MR. YOV ANOVICH: How do I know when I've got the
permanent is my point. How many revisions to the bald eagle
management plan do I need to do to prove that I've been permanently
unable to obtain the project that we all think we're getting right now,
which is hopefully when this all goes to the board and you review the
SDP's. How many revisions do I need to do to the biological opinion
before I prove to you that I've permanently not been able to obtain
that?
CHAIRMAN STRAIN: I don't know, Richard. But I know that I
don't want to set up it so that if you -- I think if you go do due
diligence and you try and you repeatedly try and you don't get, that's a
signification it's pretty permanent. But I don't know how to explain
that in this document.
But I don't want to leave it open so that you get it turned down
from a federal agency, you turn around, want all your money back and
that's it, it's too quick.
COMMISSIONER CARON: And in another month later you
build.
MR. YOV ANOVICH: Can we put that on the list of things
between now and our next meeting --
CHAIRMAN STRAIN: Absolutely.
MR. YOV ANOVICH: -- to try to come up with language that
would satisfy everybody?
CHAIRMAN STRAIN: Yeah, certainly. No problem with that.
Okay, and then in that same context, if you've read the rest of
what I've passed out, I'm concerned about the money that would be
returned. Because there are going to be monies that may get issued
and spent. Some of them are going to be contractually committed.
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Then for some reason if a challenge later down the road changes
this project to a point where this triggers this paragraph, you'd want all
the money back, we may have already expended it and we may have
already committed it under contract. I didn't think that would be fair
to request that money that's been spent or committed as the money that
would be applicable to be returned under this particular clause. So
that's -- that was what the next part of this tries to explain.
I was suggesting adding some language in the word -- it says
return all money, and I would say, that has not been expended or
contracturally committed provided by Lodge under this agreement.
MR. YOV ANOVICH: Commissioner, let me tell you the history
of that language. And this was discussed a lot in front of the Board of
County Commissioners.
This language was written because there was a state of flux as to
what was the federal government going to do regarding the regulation
of the bald eagle when it became de-listed. Okay, so that state of flux
is still there.
We are going through and getting the permits we need to
implement our SDP. Ifwe get those permits, you get to keep the
money. Ifwe don't get those permits, you don't get to keep the money.
And what the board said is they were going to wait a period of
time before encumbering those funds so that we can go ahead and
make sure we get our federal permits so they were not in the position
of spending the money and then having to give it back to us. And we
did have that discussion.
So that was raised, and the board understood that there needed to
be a period of time before they started spending the $3 million that
they would be getting as part of this, as well as potential affordable
housing funds.
So they understood that provision and that's why it's kind of
written the way it is, because there's still that uncertainty from the
federal permitting side.
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CHAIRMAN STRAIN: Okay. Why don't we take the rest of
this paragraph in regards to those issues and consider -- you've got the
notes that I've supplied. They center around the same thing. If you
look at the second part of the paragraph, it's another reason for the
refund of money, based on you not getting federal permits. Same
application applies.
If you're telling me now that there's some way to rewrite this so
that the money doesn't get spent until the SDP's are approved and that
makes everybody feel comfortable and that only the monies that could
be returned for an event like this would be those not expended or
contractually committed after the SDP's are approved, that may be the
language that needs to be added here to make this more comfortable.
MR. YOV ANOVICH: It's my understanding in understanding in
order to get the SDP approved, finally, we have got to show, though,
we have the required federal permits. Hopefully it will become a
non-issue.
CHAIRMAN STRAIN: Okay, I think this will clear that issue
up, and we'll just defer 17 until you get back with us before the next
meeting.
Which I want to discuss the next meeting right now.
Mr. Schmitt, January 11th.
MR. SCHMITT: January 11, 8:30.
CHAIRMAN STRAIN: In this room.
MR. SCHMITT: And we have it locked in all day.
CHAIRMAN STRAIN: Okay. I need to get a commitment from
everybody involved, the county attorney's office, staff and especially
the applicant, that no later than January 4th every document that we
would be needing to be reviewed will be in our possession and it will
not be changed, and no flurry of midnight e-mails or anything else will
come to this board from the 4th until the 11 tho Does that work for the
county attorney's office?
MR. KLATZKOW: Yes.
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December 13,2007
CHAIRMAN STRAIN: Richard?
MR. YOV ANOVICH: I don't think we have any documents that
we're responsible for preparing at this point. Unless I'm wrong.
Someone tell me ifI'm wrong.
So what I would ask is that we get the documents from the
county attorney's office at least three days, or two days, because
January 1st obviously is not a work day, is the holiday. Ifwe could
have those documents so we could have an opportunity to look at
them and comment to them before they go to you, I would appreciate
that.
Because quite candidly, starting December 21st, which is a week
from tomorrow, I believe, I'm out of town for the holidays until
January 2nd. So I would request that if I'm going to get something, I'd
be given an opportunity to look at that, and my client as well.
So if we can have them waiting for us January 2nd to look at it,
the sooner the better. So Mr. Strain, I'm saying I'm committing to do
that, but there's some constraints there that we've got to get some
documents.
MR. KLATZKOW: We're going to get this right out, don't
worry about that.
CHAIRMAN STRAIN: Okay. So you're telling us at this
meeting that by the 2nd of January you can have the documents they
would need to review and then the documents that we would need --
first of all, all need to come through the county attorney's office. And
they would come to us --
MR. YOV ANOVICH: That's who we'd be giving them to.
CHAIRMAN STRAIN: -- no later than the 4th of January. Does
that meet everybody's concerns and needs?
Ms. Caron, then Mr. Schiffer, then Mr. Murray. Go ahead, Ms.
Caron.
COMMISSIONER CARON: Well, I just want Mr. Yovanovich
to hear, there are some issues that you are responsible for. For one,
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December 13, 2007
you were going to give us a definition of the preserve. What is the
actual language, I don't have the PUD --
CHAIRMAN STRAIN: Green space--
COMMISSIONER CARON: -- in front of me. Green space and
CHAIRMAN STRAIN: -- and passive recreation.
COMMISSIONER CARON: Passive recreation, thank you very
much, Mr. Strain.
That was one of the things that you were going to work on some
language.
I believe if you look at the other notes, there are -- there's some
other language that you were also going to be working on as well. So
you're not off the hook here until the 2nd. Sorry.
CHAIRMAN STRAIN: Mr. Schiffer, then Mr. Murray.
COMMISSIONER SCHIFFER: Joe, would you do me a favor
and look on your calendar and see ifthere's the task force meeting on
the 11 tho
And while he's doing that, Rich, is there any way you can get us
-- and you can do it just for the typical building -- the third floor,
second floor and first floor? The first floor we kind of have with
parking, second floor you don't quite -- I mean, you have something
but I know it doesn't work, so a real floor. And then the third floor,
just for satisfied curiosity.
MR. SCHMITT: Mr. Schiffer, no, it's not on the II tho It's the
following week.
COMMISSIONER SCHIFFER: Okay, thank you.
MR. SCHMITT: Mr. Chairman, I have a question with regard to
the process.
CHAIRMAN STRAIN: Well, let me get Mr. Murray done, then
you.
Mr. Murray?
COMMISSIONER MURRAY: You say it's not the 11th now?
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December 13,2007
COMMISSIONER SCHIFFER: No, my meeting.
MR. SCHMITT: His fire review task force is not on the 11th.
COMMISSIONER MURRAY: Okay, excuse me.
My question had to do with the SDP documents, the new ones,
the revised ones. We will receive those, the cutoff applies there as
well, too, does it not?
CHAIRMAN STRAIN: Right.
COMMISSIONER MURRA Y: Is that going to be possible for
you?
MR. SCHMITT: That was my question. We just received those.
Would you prefer -- I think it would be probably better for you all if
we go through them and make our comments and provide you the list
of any of our rejection notices so you don't stumble over the same
information. Is that --
CHAIRMAN STRAIN: I would think your review coming to us
would be equally as important as the documents. So if your review
can't get done till the 4th, what I was trying to say is you can give us
stuff before the 4th, but don't give us anything after the 4th. Let's not
go there again like we did today.
MR. SCHMITT: I need to discuss with the staff to find out when
we can finish our review. We will put a package together for you to
give you new documents.
And the second piece. But I'll talk to the county attorney. I
understood you were going to take what we have today, and Ijust
want to be clear, I'll put it on the record then, you were going to take --
we had today and kind of edit a version up to the point where we're at
CHAIRMAN STRAIN: Well, county attorney's office offered
that, yes.
MR. KLA TZKOW: I'm going to prepare a strike-through
underlined of what was discussed today.
MR. SCHMITT: Okay.
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December 13,2007
CHAIRMAN STRAIN: And I've got my own notes as well. So
we'll keep track of it pretty well between now and the 11 tho
COMMISSIONER MURRAY: So it looks as though we would
have --
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRA Y: -- the third meeting on this when
the SDP's or documents are --
CHAIRMAN STRAIN: No.
COMMISSIONER MURRA Y: -- likely to be done.
MR. SCHMITT: No, I --
CHAIRMAN STRAIN: We should finish everything on the
11th.
MR. SCHMITT: You will have comments and SDP's probably
before the 4th of January. If anything, we will distribute before the
4th the revised documents for your review of the SDP's. I can't
guarantee we'll have all the comments done by then, but we will try.
That's something I'll talk to staff. We need to look at the extent of the
review.
CHAIRMAN STRAIN: There's your expedited process you
were looking for.
MR. YOV ANOVICH: Well, here's my concern, is if we get
comments from staff that require revisions to the SDP documents, if
you want to have those things by January 4th --
CHAIRMAN STRAIN: No.
MR. YOV ANOVICH: -- we're going to need some comments
pretty soon.
CHAIRMAN STRAIN: Richard, no. We're going to get their
comments, we're going to take the plans you got today and we'll add
our comments to theirs. And if there is need for revision, it will all
come out of -- jointly from us and them after the 11 tho
Let's stop all this going back and forth.
MR. YOV ANOVICH: I'm just asking. I mean, I just want to
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December 13,2007
make sure we meet expectations.
CHAIRMAN STRAIN: I think we can get a good gist of what
the project is like, based on the plans that we're going to see, subject to
the latest revisions. We already have plans that I'm sure are not that
different than what you've recently submitted, although just probably
cleaned up some.
MR. YOV ANOVICH: And I would request, if possible, if you
all have an idea of what you would like to see in a definition of
passive recreation, if you could e-mail me those comments, it would
help us in trying to prepare a definition that we don't have to spend a
lot of time debating on the lIth. That would be helpful to me.
CHAIRMAN STRAIN: Okay.
MR. YOV ANOVICH: And likewise, green open space. But I
thought we were just going to drop that definition and rely on the
definition of passive recreation.
CHAIRMAN STRAIN: I think that's right.
COMMISSIONER VIGLIOTTI: We agreed to that.
CHAIRMAN STRAIN: So we're looking at the lIth at 8:30 in
these chambers. I'm looking for a motion to continue this meeting till
that time.
COMMISSIONER ADELSTEIN: So moved.
COMMISSIONER VIGLIOTTI: Motion.
CHAIRMAN STRAIN: Motion made by Commissioner
Adelstein, seconded by Commissioner Vigliotti.
Discussion. Mr. Schmitt?
MR. SCHMITT: Yeah, I had one question, but that has to do
with next week's meeting. If you want to--
CHAIRMAN STRAIN: Well, we can close the meeting and
entertain that.
So we'll continue this meeting. All in favor, signifY by saying
aye.
COMMISSIONER SCHIFFER: Aye.
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December 13;2007
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 to the 11th of January at
8:30 in this room.
Mr. Schmitt?
MR. SCHMITT: Yes, at the beginning of the meeting you
brought up about documents that were missing two items. The one
item does not have any backup, as I recall. It was a discussion on the
TDR's. There were two executive summaries from previous board
meetings that were attached. And I believe that was all that's part of
that packet. Your staff report and then two copies of executive
summaries that went to the board on that same issue. This is more of
an item of discussion to receive your input in regards to application of
the TDR's for--
CHAIRMAN STRAIN: I ask you to hold it down in here, we're
still trying to have a meeting. Thank you.
Mr. Schmitt? Okay, that takes care of E.
On F, when are we going to get that petition?
MR. SCHMITT: F is the water supply plan. That should go out
today . We just received the ORC Report back last week when -- and
the contractor and everyone really worked over the weekend to finish
that. That should go out today. Ifnot today, you'll get it by sometime
tomorrow through delivery.
CHAIRMAN STRAIN: Thank you very much, sir.
Okay, we're adjourned.
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December 13,2007
*****
There being no further business for the good of the County, the
meeting was adjourned by order ofthe Chair at 12:00 p.m.
COLLIER COUNTY PLANNING COMMISSION
~~f~
These minutes approved by the board on 1..-' 1 - D Y as
presented ~ or as corrected
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
Page 115
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AGENDA
QQJJ.IER COUNTY CONTRACTORS' LICENSING BOARD
"Iata :!_J:w\i-=___
"alas .c:.:::~:~" '.:"._--.
ienning~ ." _..,.
~~;f~~a 4-:':j~.=~'
DATE WEDNESDAY - FEBRUARY 20 2008
TIME' 9:00 AM.
W dARMON TURNEOR BUILDiNG
(",OMINISTRA TION BUILDING)
COURTHOUSE COMPLEX
ANY PERSON WHO DECIDES TO APi"EAL A DECISION OF THIS BOARD WILL NEOEO A RECORD OF THE
PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE. WHICH RECORD INCLUDEOS THAT TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ROLL CALL
II. ADDITIONS OR DELETIONS
III APPROVAL OF AGENDA'
IV. APPROVAL OF MINUTES:
DATE January 16, 2008
'/. DISCUSSION
VI. NEW BuSINESS:
\1anoel Silva ... Review Of Credit Report.
Sabba Tortu - Contesting Cl1ation
Brian Giblin - Request to Qualify a 20' entity,
VII. OLD BUS,NESS
ViII PUBliC HEARINGS
Cas. #2008.01
Paul L Harmison
D/B/A Bay.hores Aiuminum Construction, Inc.
Ca.. #2006-02
Douglas Ha.rsanYI
D/B/A CD Pool Systems, Inc,
IX REPORTS
X NEXT MEETING DATE
WEDNESD,AY MAR,CH 19,2008
W HARMAN TLRNER BUILDING, 3R' FLOOR
(COMMISSIONERS MSETING ROOM)
3301 EO, TAMIAMI TRAIL
NAPLES, FL 34104
(COURTHOUSE COMPLEX)
NOTE' GENERAL DISCUSSION WORKSHOP FOLLOWING THE REGULAR MEETING
MIse c'yres
Date '3\\.~
Item': /[0 I (A)3
J
--rhv \) ~
Fiala 'Y~. ----~~
Halas LIt- --
Henning. . -. ~
'~oyle . -
GoleMINl:J ES'OFTHE MEETING OF THE CONSERVATION,o,",
COLLIER LAND ACQUISITION ADVISORY COMMITTEE
161
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November 16, 2007
P :,.'\
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Naples, Florida, November 16,2007
LET IT BE REMEMBERED, that the Conservation Collier Land
Acquisition Advisory Committee, in and for the County of Collier, having
Conducted business herein, met on this date at 2:00 P.M. in REGULAR
SESSION at the Collier County Community Development Services Center, at
Conference Room, 609/610 Naples, Florida with the following members present:
CHAIRMAN: Bill Poteet (excused)
VICE CHAIRMAN: Will Kriz
Marco Espinar
Wayne Jenkins
Kevin Kacer
Michael Delate
Tony Pires
Stan Weiner (excused)
Mimi Wolok
OTHERS PRESENT: Christal Segura, Conservation Collier Land Manager
Jennifer Belpidio, Assistant County Attorney
Cindy Erb, Sf. Property Acquisition Specialist
Alexandra Sulecki, Conservation Collier ~oordinator
Melissa Hennig, Environmental Specialist
Noah Strandridge, Comprehensive Planning
Robert Wiley, Engineering Services Dept.
Roosevelt Leonard, Real Estate Services
Amanda Townsend, Parks and Recreation
Mise Cures.
Date 3 \ \ ,<'J,
Item#:~
v
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November 16,2007
I. Roll Call
The meeting was called to order at 2:00 PM by Vice Chairman Kriz. Roll Call was taken and
a quorum was established.
II. Approval of Agenda
Mr. Jenkins moved to approve the agenda. Second by Mr. Delate.
Carried unanimously 6-0. The agenda was amended to add an item as v'B. - Review of
Ranking Procedures.
III. Approval of October 8, 2007 minutes
Mr. Delate moved to approve the October 8, 2007 minutes with the following corrections:
Page # 1, Mr. Kriz is Vice Chairman, not Mr. Delate. This was also reflected in the September
minutes.
Second by Mr. Jenkins. Carried unanimously 6-0.
Mr. Espinar arrived at 2:04 PM
IV. Old Business
A. Real Estate Services Update - A-list properties
Connelly Trust and RJS LLC - Cindy Erb reported closing on the Connelly Trust and
RJS, LLC properties.
Mcllvane Marsh - Cindy Erb reported to date acquisitions totaling 6 parcels consisting
of 259.54 +/- acres.
Fleischmann North - Alexandra Sulecki reported that a survey has been ordered for
separating 13.5 +/- acres of Fleischmann North; Real Estate Services is working on the
appraisal; she will meet with Parks and Recreation and Storm water to establish the
Management Plan.
Starnes - Cindy Erb reported a tentative closing of December 17,2007 for the Starnes
parce 1.
Alexandra Sulecki noted 22% of the 51 % of the required mineral rights waivers have
been received and at their December 11,2007, the Board of County of Commissioners
will either extend or terminate the Contract There was a Phase I Environmental
Assessment completed and a chemical contaminant present in the soil was identified. It
was determined that if the County intends to flood the property or build a pond further
soil tests should be completed.
The Committee requested Alexandra Sulecki to provide the depths ot soil contamination.
B. Contracts
1. Winchester Head
Cindy Erb stated the Board approved the first 5 parcels at the October meeting and
are slated for a December 17,2007 closing. 14 additional parcels will be presented
2
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November 16, 2007
today for agreement approvaL These will be forwarded to the Board of County
Commissioners for the December II, 2007 meeting.
Mr. Pires requested the basis for the valuations of the parcels.
Cindy Erb stated the parcels were appraised by 2 separate certified appraisers in July
and August. The average of the two appraisals was utilized for the final value. She
noted the appraisals are valid for a period of 6 months.
Mr. Delate moved to approve the 14 parcels. Second by Mr. Kacer. Carried
unanimously 7-0.
C. Hamilton Property - Owners request to reconsider
Alexandra Sulecki provided an Executive Summary on the Joseph Hamilton property
dated November 16, 2007. Mr. Hamilton requested reconsideration of property for
acquisition. Ms. Sulecki noted that since the owner refused the previous offer, he was
now under obligation to pay for new appraisals which will be completed at the direction
of Collier County. It is still on the active acquisition list or it would be recommended for
re-application in the next cycle.
Mr. Kriz stated he thought it should be accomplished in the current cycle.
Mr. Pires stated he had previously represented Mr. Hamilton on another matter and
Jennifer Belpidio, Assistant County Attorney determined no conflict existed.
Ms. Wolok moved to re-consider acquisition of the parcel. Second by Mr. Delate.
Motion carried 5-2. Mr. Kacer and Mr. Espinar voted no.
D. Update - Ordinance and Purchase Policy Resolution changes
Alexandra Sulecki presented the handout "Collier County Board of County
Commissioner's Purchasing Policy for the Acquisition of Lands by the Conservation
Collier Land Acquisition Program". It was approved by the Board on October 23, 2007.
E. Update - TDR Conveyance Resolution
Alexandra Sulecki stated that this item should be completed by the end of the year.
F. Update - Florida Communities Trust Grant - CDC property
Alexandra Sulecki stated that she attended the Florida Community Trust meeting on
November 2nd to request Project Excellence points. The application is still on the cusp
for eligibility as it received 5 additional points, as did many other applications. It is still
eligible as existing applications may be withdrawn, etc.
V. New Business
A. Conflict of Interest review for Cycle 5 properties
Alexandra Sulecki reminded Committee members to disclose any p,tential conflicts of
interest.
B. Review of Ranking Proced ures
Alexandra Sulecki presented the handout "Conservation Collier Ranking Procedure"
dated November 2007.
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November 16, 2007
C. Cycle 5 Applications - final list including the cycle 4 B-List properties
Alexandra Sulecki presented a handout "Conservation Collier Cycle 5 Ranked Scores"
for use by Committee members in deliberations.
D. ICSR Reports
The Committee reviewed the following Initial Criteria Screening Reports via Power Point
Presentations:
I. Su parcel - presented by Christal Segura
. Score 220 out of 400
. Mr. Pires noted he has a conflict with this application and filed the necessary
documents
· The Florida Department of Environmental Protection is willing to partnership
on the management of the property
. The estimated market value is $7,12 1,280 however the applicant is willing to
accept $6,000,000
. The exact final acreage is under determination
2. River Road properties - Presented by Melissa Hennig
. Score 223 out of 400
· Mr. Espinar noted that he had previously completed work for Mr. Stirns and it
was determined by the Assistant County Attorney that no conflict of interest
existed
· The properties consists of 9 total parcels totaling 71.9 acres
· There is some solid waste and debris identified on site
. There are roads on the various properties that are privately owned
. Estimated market value - $5,268,530
Mr. Pires noted the debris on the parcels as well as a pond that crosses property lines
could possibly create Code Enforcement issues for the County upon acquiring the
properties.
Mr. Espinar wanted to ensure that any Code Enforcement issues that may arise on
potential parcels are liability concerns for the County acquiring the parcels and the
mitigation therein as opposed to the Committee reporting any potential violations to
Code Enforcement which may hinder property owners from offering parcels for
acquisition.
Mr. Pires agreed and noted these issues are a concern as it may affect the valuation
of the property should the County acquire the parcel and need to financially
participate in remediation of a potential site.
Ms. Wolok questioned the status of the owner's willingness to remove any debris.
Melissa Henning stated she would research this with the propertv owners.
3. Pepper Ranch (Lake Trafford Ranch)- Presented by Alexandra Sulecki
. Score 264 out of 400 - second highest scoring in the Cycle
. The property consists of 10 parcels totaling 2,499.31 acres available for
various land uses
. Various types of Mitigation credits are potentially available from the site
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November 16, 2007
. Letters of support have been received from lmmokalee Master Plan and
Visioning Committee, Immokalee Local Redevelopment Advisory Board,
South Florida Water Management District - Big Cypress Basin, Immokalee
resident Paul Midney and Dr. Richard Williams, who has conducted Audubon
bird counts on the ranch between 2001 and 2006.
. The site contains a Stewardship sending area
. Pasture restoration is occurring on site
. A below surface material- limestone - material suitable for concrete
processing is available for mining on the property
. There are 3 active oil wells on the property that will remain in use on 2
quarter-sections; other oil, gas and all mineral rights will be released
. Estimated market value - $35,000,000
Mr. Kriz requested the status of the Stewardship Sending Area and how they would
be affected should the County acquire the property.
Jennifer Belpidio, Assistant County Attorney stated that Stewardship easements are
perpetual, remaining with the land, this issue will be studied in further detail with
Comprehensive Planning and Legal Services.
Alexandra Sulecki stated that the property appraisal conducted by the County took
into account the Stewardship easement and affected values.
Noah Strand ridge, of Comprehensive Planning stated that the Stewardship credits
are separated and severed from the property and may be utilized anywhere within the
Receiving Area including this property if the owner so chooses. A potential total of
3600 credits exist in the agreement. The applicant has received 1800 credits to date
for "early entry" and will receive and additional 1800 upon completion of the
required restoration plan. Restoration has not been initiated to date.
Mr. Pires noted a variation in the Assessed Value ($5,000/acre +/-) vs. the Estimated
Market Value ($ I 4,000/acre +/-) and requested clarification on the procedure utilized
in determining the Estimated Fair Market Value. He further noted that a portion of
the property was acquired in 2005 for a price of $465 per acre, yet the appraisal value
provides a value of $14,000 an acre. He asked if the restoration is not completed
before transfer of the property, will the County be required to complete the restoration
plan.
Alexandra Sulecki stated that restoration issue is being researched through the
County Attorney's Office.
Roosevelt Leonard, Collier County Real Estate Appraiser provided a handout
entitled "Estimated Vacant Land Appraisal," Owner Name: Lake Trafford Ranch,
LLLP, 2,512 acres. He reviewed the document with the Committee and noted the
following:
. Appraisals are based on the highest and best use of a pare"
. Historic selling prices are not a basis for appraising a parcel
· Developable Acreage - 953 acres valued at $20,000,000
. Stewardship Sending Area - 985.5 acres valued at $6,406,000
. Agricultural Acreage - 573.5 acres valued at $8,316,000
. Total Estimated Value $34,722,000
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November 16, 2007
Mr. Pires noted the following concerns:
. The lands listed not having Agriculture exemptions have "Save Our Home
Exemptions"
. The value of the Stewardship Area which the development rights have been
stripped (except for level 7 and 8) leave limited uses and the $6,500,000 is a
relatively high expenditure to gain public access to a protected property
Mr. Kriz stated that valuation issues will be completely addressed if the property is
forwarded to the acquisition list; at which time two independent appraisals will be
required.
Tom Taylor, owner of the property stated the selling price should be based on fair
market value and that $14,000 an acre is one of the lower prices per acre the
Committee has paid for properties. If the appraisal is high enough for "their"
purposes, some adjustments may be made in the asking price.
Ms. Wolak left the meeting at 4:40 PM
D. Updates - including all Cycle 5 and Cycle 4 B-List properties
1. Kaye Homes - Cindy Erb noted the parcel contains easements on the south half
of parcel B and an improperly recorded easement on parcel "A" which will be
corrected.
2. Dyches property - Melissa Hennig noted a structural inspection of the house had
been completed and received a rating of structurally sound.
Jim Dyches, property owner clarified the donation issue and stated if the
appraisal is $1,600,000 or higher, they would reduce the price by $100,000 in the
form of a "donation", Further if the appraisal is high enough, they would also
consider a donation to the Marco Island Historical Society.
Elizabeth Perdichizzi of the Marco Island Historical Society submitted a
document to the Committee entitled "Conservation Collier Acquisition of Dyches
Property for Otter Mound Preserve" dated November 16,2007.
Mr. Delate left the meeting at 4:50 PM
I. Floodplain Management Plan - Robert Wiley, Principal Project Manager,
Engineering Services Dept.
Robert Wiley of the Engineering Services Department presented a Memorandum
addressed to Alexandra Sulecki dated November 6,2007, Re: "Coordination of the
Floodplain Management Plan with the Conservation Collier Program". The document
outlined a new objective (Objective 1.6) for the Floodplain Management Plan.
Mr. Pires moved to approve the Objective subject to the following change:
Paragraph 4, Objective 1.6 to read, "Continue acquisition of Conservation Lands within
the floodplain to assist with mitigation of flood events, by maintaining natural systems
with no manipulations. "
Second by Mr. Espinar. Carried unanimously 5-0.
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November 16, 2007
E. Otter Mound Final Management Plan
Melissa Hennig presented a document entitled "Otter Mound Preserve 3'd Draft Land
Management Plan."
Mr. Kacer moved to approve the Plan. Second by Mr. Espinar. Carried unanimously
5-0.
Mr. Pires l~fi the meeting at 5:00 PM
With lack of a Quorum. the followinf! points were noted:
Elizabeth Perdichizzi of the Marco Island Historical Society expressed support for
acquisition of the Dyches property.
Bill Perdichizzi of the Marco Island Historical Society expressed support for the
acquisition of the Dyches property.
Alexandra Sulecki provided an update on the Trinh parceL
Amanda Townsend of Parks and Recreation addressed the CommiU;;e regarding an
article in the Naples Daily News by Mark Strain dated Thursday, October 25, 2007.
Alexandra Sulecki noted that the Bob Gore - Nathloriendum property, consisting of70
parcels, is now for sale.
There being no further business for the good of the County, the meeting was
adjourned by order of the chair at 5:20 P.M.
Conservation Collier Land Acquisition Advisory
Committee /
/
These minutes approved by the Board/Committee on
as presented V or as amended .
"\
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Fiala-...,------ December 10, 2007
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MINUTES OF THE MEETING OF THE CONSERVATION
COLLIER LAND ACQUISITION ADVISORY COMMITTEE
Ofl,-,.:-,,:
Naples, Florida, December 10,2007
LET IT BE REMEMBERED, that the Conservation Collier Land
Acquisition Advisory Committee, in and for the County ofCoqier, having
conducted business herein, met on this date at 9:00 A.M. in REGULAR
SESSION at Administrative Building "F", 3rd Floor, Collier County
Government Complex Naples, Florida with the following members present:
CHAIRMAN: Bill Poteet
VICE CHAIRMAN: Will Kriz
Marco Espinar
Wayne Jenkins
Kevin Kacer
Michael Delate( excused)
Tony Pires
Stan Weiner
Mimi Wol"k
ALSO PRESENT: Christal Segura, Conservation Collier Land Manager
Jennifer Belpedio, Assistant County Attorney
Cindy Erb, Sf. Property Acquisition Specialist
Alexandra Sulecki, Conservation Collier Coordinator
Melissa Hennig, Environmental Specialist Mise Cones
Date~. \ \ .<D
!'em#:~
, : ". Ie
I
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December 10, 2007
I. Roll Call
The meeting was called to order at 9:00 AM by Chairman Poteet.
Roll Call was taken, and a quorum established.
II. Approval of Agenda
Mr. Espinar moved to approve the agenda. Second by Mr. Kriz. Carried
unanimously 8 -0.
III. Approval of November 16,2007 Minutes
Mr. Kriz moved to approve the minutes of the November 16,2007 meeting. Second
Mr. Pires. Carried unanimously 8-0.
IV. Old Business
A. Real Estate Services U pdate- A-list properties
· Fleischmann North - Alex Sulecki stated that the survej should be
completed shortly and will be meeting with Parks and Recreation on the
Management Plan
· Mcllvane Marsh - Cindy Erb stated that 6 parcels have been acquired
totaling 259.59 acres.
. Winchester Head - Cindy Erb stated that Berman Trust is closing on
Monday, December 16; 14 agreements previously approved will be
presented to the Board of County Commissioners December 11, 2007
. Starnes - Cindy Erb stated 50 percent of the mineral rights waivers
have been received with 4 more incoming that will satisfy the 50 percent
waiver requirement.
B. Contracts
1. Cindy Erb stated that Contracts have been received for the
McGinn, Natsch, Torrico/Toro and Hitt parcels.
Mr. Espinar moved to forward the Contracts for approval. Second by Mr. Kacer.
Carried unanimously 8-0.
C. Retaining RJS LLC (Mcllvane Marsh) and Hamilton on AAL
Alex Sulecki stated the offers for these parcels were previously rejected and
the owners have since reconsidered and wished to re-activate 'he parcels for
consideration. The Hamilton parcel was previously voted on.
Mr. Kriz moved to retain these parcels on AAL. Second by Ms. Wolok. Carried
7-0. Mr. Pires abstained.
V. New Business
A. Conflict ofInterest review for Cycle 5 properties
Alex Sulecki noted the following conflicts of interest have been received:
Mr. Pires - RJS, LLC; Su parcel; Kaye Homes; Trinh 1- Mcllvane Marsh
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December 10, 2007
Mr. Espinar previously worked for Stirns with a determination
no conflict of interest existed.
Ms. Wolok - no conflict of interest with the Devisse parcel.
Mr. Pires represented Mr. Hamilton in the past on Code Enforcement issues.
B. Updates, Final Questions, Discussion and Public Comment
Alex Sulecki gave the following updates:
· I -75 properties - Dr. Gore did not provide a list of all his properties,
but has indicated his interest in selling his entire holding.
It was suggested voting on the remaining 16 parcels conditioned on
Dr. Gore's parcels being incorporated to the proposal at a later date.
· Pepper Ranch and Camp Keais Strand - attended conference and
learned the State of Florida is targeting 33 percent of the State for
Conservation Land. It is currently at 27 percent. These lWO parcels
are ranked as a high priority for conservation. It is not recommended to
pursue multi parcel projects where the use of condemnation is not
available.
. Rivers Road - Trash will be removed by owners.
· Devisse property - The staff report noted a density is 3 units; it is
actually 3 units per acre; the Committee will be kept up to date on the
Delasol Neighborhood/proposed I acre Delasol Park issue.
. Dyches parcel- 23 emails of support have been received; 2
oppositions. Mr. & Mrs. Carnes are in support of the parcel.
· Pepper Ranch - 4 letters of support have been received from
organizations; 33 letters of support from individuals, as well as 3 late
from Paul Van Bulkenberg, Robert and Phyllis Grant and Dorothy
Hirsch which were read into the record.
. Su property - The proposed well sites were provided to the Committee.
. Michael Delate who could not be present provided a position statement
on the various properties.
Mr. Pires questioned if any permits were required or filed for the Restoration
plan proposed on Pepper Ranch.
Alex Sulecki checked the system for permits and there were none filed for the
Restoration plan as well as no Development Orders for the property.
Chairman Poteet asked how much money is available to the prugram.
Alex Sulecki stated there is $50-55M projected for the remainder of the
program excluding 15 percent removed for maintenance. Approximately $43M
(gross) is available for bonding.
Speakers
Michael Seef spoke in support for the acquisition of Pepper Ranch noting he
has been a resident of Naples for 10 years and questioned if it could be co-
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December 10, 2007
partnered with South Florida Water Management District. Also, could this be
added to a referendum to the voters?
Susan Calkins spoke in support of the acquisition of Pepper Ranch as it will aid
in increasing open space, protect water quality and provides the opportunity to
enhance eco-tourism in the region.
Jennifer Hecker of the Conservancy of Southwest Florida recommended
the following properties for A-I ranking:
. Pepper Ranch
. Mcllvane Marsh
. Camp Keais Strand
. Hamilton parcel
. 1-75 without the Faust parcel
. Red Maple Swamp
. Su parcel
. Rivers Road
She recommended the following properties for B ranking:
. Bailey parcel
. Blake parcel
. Purpero parcel
She recommended the Committee not pursue the Dyches parcel as it contains a
home and pool and is infested with exotics and is a historical property, not an
environmentally significant property setting core precedent for future property
nominations.
Elizabeth Perdichizzi of the Marco Island Historical Society spoke in support
of acquisition of the Dyches parcel noting the 33 emails in support of the parcel
and it is adjacent to Otter Mound Preserve and would provide an area for a
visitor's center.
Bill Perdichizzi of the Marco Island Historical Society spoke in support of
acquiring the Dyches property. He noted that it is the previous home site of
Tommie Barfield who was a founder of Collier County and this :larcel is the
"Mount Vernon" of Collier County.
Kathy Bogan, Marco Island Resident spoke in opposition to acquiring the
Dyches property. She has lived in the neighborhood for 21 years and most
neighbors are opposed to the acquisition as the character ofthe area will be
affected by the traffic and parking associated with a proposed visitor's center.
Further, the Tommie Barfield home no longer exists on site. The site contains
1979 constructed home, not a "Mount Vernon."
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December 10, 2007
Tom Taylor of Pepper Ranch noted it was not an easy decision to submit the
property for consideration and is available for any questions.
Kathy 0' Reilly- Doyle, United States Fish and Wildlife Service spoke in
support of acquiring Pepper Ranch. She noted on the restoration or
maintenance issue that in the past the Staff of Collier County has done an
outstanding job of obtaining outside funds for assistance on these types of
projects.
Ellen Goetz a resident of Collier County and previous Conservation Collier
Committee member spoke in support of acquiring Pepper Ranch. The
acquisition program has had success, however this type parcel was what was
originally envisioned for the program. Any issues that may arb. can be worked
out as the property proceeds through the process.
C. Cycle 5 Ranking
Alex Sulecki provided a list of properties in alphabetical order numbered 1-36
to the Committee. She requested all voting be indicated by a raising of the
hand.
Mr. Espinar left the meeting briefly
Unit 53
Mr. Kriz moved to group the 6 parcels of Unit 53, Berman, Celsnak,
Devisse, Romak, Stiffler and Trinh-2 together for consideration. Second by
Mr. Kacer. Carried 7-0.
Mr. Espinar returned to the meeting
Mr. Kriz moved to place these parcels on the A list. Second by Ms. Wolok.
Carried unanimously 8-0.
River Road
Mr. Kriz moved to group the 5 Rivers road parcels of Cangialosi, Cosentino,
Maloney, Stims and Van Cleave together for consideration. Second by Mr.
Jenkins.
Mr. Pires requested removing the Cosentino c,d parcels from the grouping.
Mr. Kriz amended the motion to group 4 Rivers Road parcels of Cangialosi,
Maloney, Stims and Van Cleave for consideration. Second by Mr. Jenkins.
Carried unanimously 8-0.
Mr. Espinar moved to place the 4 Rivers Road parcels of Cangialo~'i,
Maloney, Stirns and Van Cleave on the A-list. Second by Mr. Pires.
Carried 7-1. Chairman Poteet opposed.
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December 10, 2007
1-75 properties
Mr. Kriz moved to group the 13 1-75 parcels of ALM- LLC, Argay, Arias,
Ayra, Blake, Faust, Fernandez, Guscon, Gore I, Gore 2, Mayr, Mohabir,
Velez together for consideration. Second by Ms. Wolok.
Mr. Wiener stated the Gore properties are in a different category and would
I ike them separated.
Motion carried 7-1. Mr. Weiner opposed.
Mr. Espinar moved to place the 13 1-75 properties on the B-list until such
time as the Gore properties come in when they can look at the area
geographically at once. Second by Mr. Kriz.
Ms. Wo\ok did not feel it was necessary to wait for the Gore properties before
placing it on the A-list and the remaining properties are envirunmentally
important.
Mr. Espinar noted the reasoning for holding off until the Gore property
comes forth was not environmental, but a fiscal consideration based on the
programs timing.
Mr. Jenkins agreed it is a budget issue and is against scattered multi-parcel
purchases.
Motionfailed 5- no 3-yes Chairman Poteet, Mr. Pires, Mr. Weiner, Mr.
Kacer and Ms. Wolok voted "no."
Mr. Pires moved to place the 13 1-75 parcels on the A-list. Second by Ms.
Wolok.
Motion failed 4-4. Mr. Espinar, Mr. Kriz, Mr. Jenkins and Mr. Weiner
voted "no. "
Mr. Espinar moved to place the 131-75 parcels on the B-list. Second by Mr.
Jenkins.
Motion failed 4-4. Chairman Poteet, Mr. Pires, Ms. Wolok and Mr. Kacer
voted "no."
Ms. Wolok moved to consider all the parcels separately. Second by Mr.
Poteet.
Motion failed 4-3. Mr. Espinar, Mr. Pires, Mr. Kacer and Mr. Weiner voted
"no." Mr. Kriz did not vote.
Mr. Pires moved to consider the grouping the following 11 1-75 parcels for
consideration: ALM-LCC, Argay, Arias, Ayra, Blake, Faust, Fernandez,
Gascon, Mayr, Mohbair, and Velez. Second by Mr. Wiener.
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December 10, 2007
Carried 7-1. Mr. Espinar opposed.
Mr. Wiener moved to place the properties on the A-list. Second by Mr. Pires.
Carried 5-3. Mr. Espinar, Mr. Jenkins and Mr. Kriz opposed.
Bailey Trust
Mr. Espinar moved to place the Bailey Trust Parcel on the C list. Second by
Mr. Kriz.
Carried 7-1. Mr. Kacer opposed.
Berman Trust - NGGE Unit 53
It was noted that the Ordinance requires the parcels to be voted on in
alphabetical order, so the Berman Trust, first in order for Unit 53 was re-voted
onfor the record
Mr. Jenkins moved to place the Unit 53 parcels previously grouped on the A
list. Second by Mr. Weiner. Carried unanimously 8-0.
Camp Keais Strand parcels
Mr. Kriz moved to place Camp Keais Strand parcels on the C-list. Second by
Mr. Espinar.
Motion carried 5-3. Chairman Poteet, Mr. Kacer and Ms. Wolok opposed.
Canl!ialosi (River Road)
The Committee recognized that these parcels were previously voted on.
Consentino c.d parcels
Ms. Wolok moved to place the Consentino parcels c,d on the C-list. Without a
second the motion was not considered.
Mr. Kacer moved to place the Consentino parcels c,d on the B-list. Second by
Mr. Pires. Carried 6-2. Mr. Espinar and Ms. Wolok opposed.
Deyisse parcel (#12)
Mr. Jenkins moved to place the parcel on the A-list. Second by Mr. Kriz.
Carried 7-1. Mr. Weiner opposed.
Dyches parcel
Mr. Pires moved to place the Dyches parcel on the A-list. Second by Mr.
Espinar.
Mr. Pires stated this property facilitates aspects of the Otter Mound Preserve
Land Management Plan and cited Action items 2.7,5.3,6.],6.2 and 6.3 of the
Management Plan. The property is consistent with the Ordinance and cited
Section 4 (Purpose and Intent), #'s 5, 6 and 10 of the Ordinance (Conservation
Collier Implementation Ordinance).
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December 10, 2007
Mr. Weiner stated he is not in favor of the parcel as it contains a structure that
will have maintenance and insurance costs associated with it
Ms. Wolok stated the emails and considerations document site historic values.
The Ordinance does not recognize the historic value of a property and further
the property has no historic value as the site contains a residence constructed in
1979. There is no threat of development as the site is already developed and is
not the type of parcel that was envisioned in development ofthe Ordinance.
Mr. Kacer would support a motion if the property was purchased without the
structure present
Mr. Kriz noted that a Sub-Committee should take up the fate of the structure
should the property be acquired.
Motion carried 5-3. Mr. Weiner, Mr. Kacer and Ms. Wolok opposed
Freitas parcel
Mr. Kacer moved to place the Freitas parcel on the A-list. Second by Mr.
Jenkins. Carried unanimously 8-0.
Gore-l parcel (#19)
Mr. Kacer moved to place the Gore-1 parcel on the A-list. Second by Mr.
Kriz.
Carried 7-1. Mr. Espinar opposed.
Gore-2 parcel (#20)
Mr. Kacer moved to place the Gore-2 parcel on the A-list. Second by Mr.
Jenkins.
Motion failed 4-4. Chairman Poteet, Mr. Espinar, Mr. Kriz und Mr. Weiner
voted "no. "
Mr. Espinar moved to place the Gore -2 parcel on the B-list. Second by Mr.
Kacer.
Motion failed 5-3. Chairman Poteet, Mr. Pires, Mr. Kriz, Mr. Kacer and Mr.
Jenkins opposed.
Mr. Pires moved to place the Gore-2 parcel on the A-list. Second by Mr. Kacer.
Carried 5-3. Mr. Weiner, Mr. Jenkins and Mr. Espinar opposed.
Mr. Pires left the meeting briefly
Kave Homes parcel
Mr. Espinar moved to place Kaye Homes on the A-list. Second by M5. Wolok.
Carried 7-0.
Mr. Pires returned to the meeting
Kirbv parcel
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December J 0, 2007
Mr. Espinar moved to place the Kirby parcel on the C-list. Second by Mr.
Jenkins. Carried 5-3. Chairman Poteet, Mr. Pires and Ms. Wolok opposed.
Murphv parcel
Mr. Espinar moved to place the parcel on the C-list. Second by Mr. Kacer.
Carried unanimously 8-0.
Pepper Ranch
Mr. Espinar moved to place Pepper Ranch on the A-list. Second by Ms. Wolok.
Mr. Pires noted that this is an A-list type property however there are too many
unanswered questions regarding the proposal at this time including the completion
of the Restoration Plan and its status, maintenance costs, the oil and mineral
rights, the appraisal values, status of the restoration zone along Lake Trafford,
lack of development pressures in lmmokalee, possible easements on the property,
large pasture lands for restoration, possible partnering with the Parks and
Recreation Department.
Amanda Townsend, Operations Analyst for Parks and Recreation stated that the
Department is interested in the property, but at this time cannot commit any funds
to the project.
Mr. Kriz stated that the issues with the property may be addressed as the process
continues and if the property is available it should be pursued before property
values rise.
Motion carried 7-1. Mr. Pires opposed.
Pnrpero parcel
Mr. Espinar moved to place the Purpero parcel on the C-list. Second by Ms.
Wolok. Carried 5-3. Chairman Poteet, Mr. Weiner and Mr. Pires opposed.
Su parcel
Mr. Kriz moved to place the Su parcel on the C-list. Without a second the
motion was not considered.
Mr. Kacer moved to place the Su parcel on the A-list. Second by Ms. Wolok.
Motion failed 4-no- 3-yes. Chairman Poteet, Mr. Kriz, Mr. Jenkins and Mr.
Weiner voted "no." Mr. Pires abstained.
Mr. Kriz moved to place the parcel on the C-list. Second by Mr. Espinar.
Motion failed 4-no -3-yes. Mr. Jenkins, Mr. Kacer, Chairman Poteet and Ms.
Wolok voted "no." Mr. Pires abstained.
Mr. Jenkins moved to place the Su parcel on the B-list. Second by Ms. Wolok.
Carried 4-3. Mr. Kacer, Mr. Espinar and Mr. Kriz opposed. Mr. Pires
ab,>tained.
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December 10. 2007
Trinh-1 (#33) (McIlvane Marsh)
Mr. Espinar moved to place the Trinh-I parcel on the A-list. Second by Mr.
Kriz. Carried 6-1. Mr. Kacer opposed. Mr. Pires abstained.
Cvcle 5 Prioritizations
1-75 properties
Mr. Jenkins moved to place the properties on the A-3 list. Second by Mr.
Espinar. Carried 6-2. Mr. Pires and Ms. Wolok opposed.
Unit 53 properties
Mr. Jenkins moved to place the properties on A-I list. Second by Mr. Kriz.
Carried 7-1. Mr. Espinar opposed.
River Road properties
Ms. Wolok moved to place the properties on the A-3 list. SecOlid by Mr.
Espinar. Carried unanimously 8-0.
Devisse parcel (#12)
Mr. Kriz moved to place the parcel on the A-I list. Second by Ms. Wolok.
Motion failed 5-3. Mr. Pires, Mr. Kacer, Mr. Espinar, Chairman Poteet and
Mr. Weiner voted "no."
Mr. Kacer moved to place the parcel on the A-2 list. Second by Mr. Espinar.
Carried 7-1. Mr. Weiner opposed.
Dvches parcel
Mr. Kriz moved to place the parcel on the A-I list. Second by Mr. Pires.
Motionfailed 5-3. Chairman Poteet, Mr. Weiner, Ms. Wolok, Mr. Jenkins and
Mr. Kacer voted "no."
Mr. Kriz moved to place the parcel on the A-2 list. Second by Mr. Jenkins.
Carried 5-3. Mr. Kacer, Ms. Wolok and Mr. Wiener opposed.
Freitas parcel
Mr. Espinar moved to place the parcel on the A-3 list. Without a second the
motion was not considered.
Mr. Jenkins moved to place the parcel on the A-I list. Second h:; Mr. Kacer
Carried 7-1. Mr. Kriz opposed.
Gore-1 parcel (#19)
Mr. Espinar moved to place the parcel on the A-3 list. Second by Mr. Wiener.
Carried 6-2. Mr. Pires and Mr. Kacer opposed.
Gore-2 parcel (#20)
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December 10, 2007
Mr. Kriz moved to place the parcel on the A-3 list. Second by Mr. Weiner.
Carried 6-2. Mr. Pires and Mr. Kacer opposed.
Kave Homes parcel
Mr. Jenkins moved to place the parcel on the A-2 list. Second by Mr. Kriz,
Carried 7-0. Mr. Pires abstained.
Pepper Ranch
Mr. Espinar moved to place the property on the A-l+ list. Second by Mr.
Jenkins. Carried 7-1. Mr. Pires opposed.
Trinh-l parcel (Mcllvane Marsh) (#33)
Mr. Espinar moved to place the parcel on the A-2 list. Second by Ms. Wolok.
Carried 7-0. Mr. Pires abstained.
D. Outstanding Advisory Committee Member Program
None
E. Coordinator Communications
Alex Sulecki noted the following:
. She will be appearing in front of the Board of County Commissioner
for the Starnes parcel on December 11,2007. She received a report on
Phase I and Phase II regarding pesticides which are a low level. There
will be more samples collected to ensure the condition of an
Environmental Hazard. Copies of the report are available for review.
. She is working with the Planning Department on TOR issues.
VI. Subcommittee Meeting Reports
A. Outreach - Tony Pires, Chair
The Committee met on October 16th and discussed Conservation Collier logo
design. Mr. Pires requested Ms. Belpedio research any proposed design to
ensure there are no trademark violations.
B. Lands Evaluation and Management - Kevin Kacer, Chair.
Mr. Espinar noted there was a special meeting held for Pepper Ranch where
issues such as restoration were discussed.
C. Ordinance Policy and Procedures - Will Kriz, Chair
None
VII. Chair Committee Member Comments
Chairman Poteet requested Ms. Belpedio provide a clarification with the issue of
emails sent to Committee member's personal addresses and possible violations of the
Statute upon deleting of an email by a Committee member.
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December 10, 2007
Chairman Poteet thanked the Staff for their efforts in preparing for this meeting.
VIII. Public General Comments
None
IX. Staff Comments
None
There being no further business for the good of the County, the meetiug was
adjourued by order of the chair at 11:50 A.M.
Conservation Collier Land Acquisition Advisory
c'mZ'fl~
Bill Poteet, Chairman
These minutes approved by the Board/Committ'7 on
as presented or as amended V.
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January 14,2008
MINUTES OF THE MEETING OF THE CONSERVATION
COLLIER LAND ACQUISITION ADVISORY COMMITTEE
Naples, Florida, January 14,2008
LET IT BE REMEMBERED, that the Conservation Collier Land
Acquisition Advisory Committee, in and for the County of Collier, having
conducted business herein, met on this date at 9:00 A.M. in REGULAR
SESSION at Administrative Building "F", 3rd Floor, Collier County
Government Complex Naples, Florida with the following members present:
CHAIRMAN: Bill Poteet
VICE CHAIRMAN: Will Kriz
Marco Espinar
Wayne Jenkins (Excused)
Kevin Kacer
Michael Delate
Tony Pires
Stan Weiner
Mimi Wolok
ALSO PRESENT: Jennifer Belpedio - Assistant County Attorney
Cindy Erb - Sf. Property Acquisition ~~Yamlt
Alexandra Sulecki - Conservation ColMeCoordinator3l \ . ~
Melissa Hennig - Principal Environmental SpeCIalIst ( ~
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January 14, 2008
I. Roll Call
The meeting was called to order at 9:01AM by Chairman Poteet. Roll call was taken
and a quorum was established.
II. Approval of Agenda
Mr. Espinar moved to approve the agenda. Second by Mr. Kriz. Carried
unanimously 8-0.
III. Approval of December 10, 2007 Minutes
Mr. Weiner moved to approve the minutes subject to the following corrections:
Page 3, Item B paragraph 4 line 3 "Approximately $43M for bonding is available." to
approximately $43M (gross bond issue) could be issued.
Second by Mr. Delate. Carried unanimously 8-0.
IV. Old Business:
A. Real Estate Services Update - A - list properties
Staff provided the following updates:
Fleischmann North - The Survey has been received and the agreements for
management with the Transportation Department and Parks and Recreation are
under review. They are awaiting the appraisal.
Starnes - The parcel was closed on December 17,2007. The County received
64% ofthe mineral rights waivers prior to closing and they are pursuing the
remainder.
Winchester Head - To date II parcels have been acquired totaling 13A4 acres
and 15 are under contract totaling 21.85 acres.
Melissa Hennig, Environmental Specialist provided a review fthe estimated
budget and funds available to the program. It was noted that Wmchester Head
and Golden Gate Estates Unit 53 costs were not included in the estimates. Only
properties under contract and on the current acquisition list were considered.
Alex Sulecki, Conservation Collier Coordinator provided a "Cycle 5
Recommended Active Acquisition list" updated 1/12/08 to the Committee.
B. Contracts
1. Winchester Head
Cindy Erb, Sr. Property Acquisition Specialist presented the Contract
for the Raymond and Terry Bennett 1.14 acre parcel at a cost not to
exceed $27, 820.
Mr. Delate moved to approve the Contract. Second by Mr. Kacer.
Carried unanimously 8-0.
C. Reading of Conflict of Interest Forms (3) - Tony Pires
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January 14,2008
Mr. Pires read conflict of interest disclosures into the record for the following
proposed acquisitions:
. RJS, LLC.
. Kaye Homes parcel
. Su Parcel
. Trinh - I (Mcllvane Marsh properties)
D. County Attorney Memo regarding Sunshine law question anti staff providing
member contact information to the public
Jennifer Belpedio, Assistant County Attorney provided a memorandwn to the
Committee "Re: E-mails Conservation Collier Land Acquisition Advisory
Committee RLS NO.07-PRM-00079" for their review. The document outlined 3
options for e-mail communications between Staff or public and Committee
members which are:
I. Do not communicate with public employees at aiL
2. Continue to communicate with public employees bye-mail, but when
your term is completed either print or download your e-mails onto a disk
and then return the disk staffliaison. Those e-mails may then be deleted
from your personal computer.
3. Cease using your personal e-mail address and use a County e-mail
address. To request a County e-mail address, complete and return the
attached forms to the staff liaison. A County e-mail address may be
terminated if it does not meet your needs.
She noted that the method of distributing emails is a Sunshine law issue and each
member is free to choose their option individually. She also provided the Collier
County "Employee User Account Management Form" for those choosing to
utilize County e-mail accounts.
E. Clarification as to Committee recommendation regarding th.. structure on
the Dyches property
Staff requested direction from the Committee regarding the structure on the fate
of the structure on the Dyches property. The direction would be provided to the
Board of County Commissioners for their assistance in deciding whether or not to
acquire the parceL
Melissa Hennig provided an overview of the pros and cons of retaining the
structure:
Pros
Additional Parking for Otter Mound Preserve
Educational facilities
Restroom facilities
Presence of on-site volunteers
Cons
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January 14, 2008
Neighborhood opposition
A Visitor Center challenge by the Marco Island Civic Association
Maintenance costs
Less area available for restoration
30,000 dollars has already been spent on educational signage at Otter
Mound preserve
A discussion ensued on the suitability of the structure as a visitor ceilter and whether
it should be razed. It was noted that if it was to be razed the cost should be subtracted
from the appraisal price.
Mr. Kacer moved to acquire the property less the house. Second by Mr. Weiner.
Speakers
Elizabeth Perdichizzi of the Marco Island Historical Society stated the Historical
Society is in favor of the County acquiring the property with or without the house.
She noted tours have been held at the Otter Mound preserve without complaints by
neighbors and parking on this site would allow on-site parking as opposed to parking
along the roadway.
Mr. Delate stated that the property was already approved by the Committee for
acquisition and requested clarification on the motion under consideration.
Mr. Kacer withdrew the motion.
Mr. Kriz moved that if the County is successful in acquiring the property that the
structure subsequently be razed.
For lack of a second the motion was not considered.
Chairman Poteet moved to recommended to the Board of County <. 'ommissioners
that as part of the purchase agreement that the cost of removal of the structure and
improvements be included in the sale price (the costs be deductedfrom the price).
Second by Mr. Pires.
Ms. Wolok requested clarification if the motion included a recommendation to raze
the structure.
Chairman Poteet stated no.
Speakers
Jim Dyches, landowner stated that his intent was that if the appraisal is in the area of
$1.6 million, he would be willing to discount the price by $100,000.
Motion carried 6-2. Mr. Weiner and Ms. Wolok voted no.
V. New Business
A. Gore parcel- Naithloriendun addition
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January 14,2008
Alex Sulecki presented the addition of the parcels offered by Dr. Gore (Gore 3) to the
Committee. She noted that it could be added to Cycle 5 with the Gore I and 2 parcels
for acquisition that were previously approved or it could be added as a separate
proposal.
Jennifer Belpedio, Assistant County Attorney agreed that it could be added to the
formal Cycle 5 ranking list before the list goes before the Board of County
Commissioners on January 29, 2008.
Mr. Espinar requested clarification if the addition of this parcel to Cycle 5 would be
considered as "properly noticed" since the formal voting occurred at last months
meeting.
Jennifer Belpedio noted the concern and the Committee could determine whether it
should be considered in Cycle 5.
It was noted by other Committee members that these parcels were discussed various
times and that these parcels may possibly be added to the Cycle 5 at a later date. The
previous minutes reflect that Dr. Gore expressed interest in selling his entire holdings.
Chairman Poteet agreed that the timing is a concern and directed Alex Sulecki to
present the Initial Criteria Screening Report to the Committee before making a
determination on the parcels.
Alex Sulecki presented the Conservation Collier Initial Criteria Screening Report -
Gore 3 (Naithloriendun) dated January 14,2008 noting that the Total Score is 239 out
of 400. She has contacted the Collier County Soil and Water Conservation District
for a possible Management partnership. A parcel containing a residence belonging to
Dr. Gore is located in the middle of the properties and was not nominated for
acquisition.
Speakers
Dennis P. Vasey, Supervisor, Seat 3, Collier Soil and Water Conservation
District appeared before the Committee noted that these parcels have a high potential
of assisting the restoration of the flora, wetlands, water treatmentlstL -age and wildlife
corridors in the region. These parcels are not on the District's acquisitions list. He
stated that the District would be interested in partnering with the County in
Management of the parcels should they be acquired. Further, he would be interested
in land managing additional Conservation Collier properties.
Ms. Wolok moved to place Gore - 3 on the Cycle 6 list. Second by Mr. Delate.
Carried unanimously 8-0.
It was noted that the home site parcel should be investigated for possible acquisition.
B. Request by DeLaSoI Community Association to apply conditions to
recommendation for purchase of Devisse parceI- Jim CuIkar, President,
DeLaSoI HOA
Jim Culkar appeared before the Committee to request 2 conditions be attached to
the Devisse (Devisse #2 on the Cycle 5 list last updated 1/12/08) property should
it be acquired by the County.
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January 14,2008
1. The access is limited to pedestrian access only.
2. The improvements are limited to the Southern half of the property.
He requested these stipulations be approved and forward to the Board of County
Commissioners before acquisition of the parceL
Mr. Espinar disclosed that he is an Environmental Consultant to the County on
this on the proposed Delasol Park.
Jennifer Belpedio, Assistant County Attorney determined tha. no conflict of
interest existed at this time.
Mr. Delate disclosed that his firm is a consultant to the County on this property.
He is not associated with the work.
A discussion ensued regarding the timing of the request and whether it should be
addressed by a Sub-Committee if the property is acquired. It was noted that
further study would need to be completed to determine the optimal location for
any improvements and types of access legally permitted, etc.
The Committee determined that the proper avenuejiir these issues would be a
Sub-Committee review upon acquisition. This is the procedure for all parcels
acquired by the program. They noted that that the Delasol Community as well as
the general public could participate in these meetings and any concerns brought
forth could be addressed
C. Outstanding Advisory Committee Member Program
Chairman Poteet moved to send the nomination of Will Kriz (as an Outstanding
Advisory Committee Member) to the Board of County Commissionersfor
approval. Second by Ms. Wolok. Carried unanimously 8-0.
D. Applications for Conservation Collier Committee
Five individuals have applied for appointment to the Committee Jeffery Robert
Schmid, Anthony Pires, Jeffery S. Curl, William Poteet, Jr. and Stanley Weiner
(Mr. Pires's, Mr. Poteet's and Mr. Weiner's terms expire in February). The Board
of County Commissioners has requested that the applicants be ranked in order of
preference by the Committee.
Mr. Delate moved to rank the following top to bottom, not necessarily based on
qualifications but the County Commission should approve them: William
Poteet, Jr, Anthony Pires, Jeffery S. Curl, Stanley Weiner, Jeffery Robert
Schmid. Second by Mr. Kriz.
Ms. Wolok stated that Mr. Curl should be ranked higher.
Motion carried 6-2. Ms. Wolok and Mr. Weiner opposed.
E. Coordinator Communications
1. Alex Sulecki provided a memo from Dennis P. Vasey, Supervisor, Seat 3,
Collier Soil and Water Conservation District to Kim Bucceri, stating that he has
6
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January 14, 2008
requested a moratorium on land purchases in Winchester Head and Horsepen
Strand (Mr. Vasey spoke earlier in the meeting but was not currently present).
It was noted his concerns are costs issues, not the intent of the program, and he
indicated early in the meeting his interest in assisting in management of
Conservation Collier land holdings.
Mr. Pires moved to have the Staff explore entering into an inter-local
agreement and discuss with the Soil and Water Conservation i.1istrict inter-local
agreements for the District for assistance in managing of Conservation Collier
properties. Second by Mr. Poteet.
Mr. Espinar noted that the goals of the Soil and Water Conservation District are
different than that of Conservation Collier.
Mr. Delate is opposed of meshing the programs together based on the different
state of both programs at this time.
Motion carried 5-3. Mr. Kacer, Mr. Delate and Mr. Espinar opposed.
Mr. Espinar asked for clarification if Mr. Weiner had a conflict of interest in
voting as he sits on the Collier Soil and Water Conservation District Board.
Jennifer Belpedio, Assistant County Attorney determined that no conflict of
interest existed at this time.
2. Alex Sulecki notified the Committee of proposed Land Development Code
Amendments regarding for rules of off-site preservation for small preserves
(under I acre) and for poorly performing preserves. She noted in the amendment
offers an option to donate lands to Conservation Collier in lieu oflandowners
maintaining small preserves. A fee schedule would need to be determined. The
parcels could be rejected and the fees should be consistent with the TDR
conveyances. She suggested making a recommendation on this proposed
amendment via an Ordinance Policy and Procedures Sub-Comn ''lee action.
VI. Sub-Committee Meeting Reports
A. Outreach - Tony Pires, Chair
Mr. Pires reported that the Committee will meet on January 16, 2008 for
continued work on the Conservation Collier Logo.
B. Lands Evaluation and Management - Kevin Kacer, Chair
None
C. Ordinance Policy and Procedures - Will Kriz
Mr. Kriz noted that a meeting will be scheduled to discuss the proposed Land
Development Code amendment regarding small preserves discussed in #2 above.
VII. Chair Committee Member Comments
None
7
VIII. Public General Comments
None
IX. Staff Comments
None
161
January 14, 2008
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 11 :04 A.M.
Conservation Collier Land Acquisition Advisory
Committee
L/fJ
These minutes approved by the Board/Committee on
as presented or as amended
8
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Memorandum
To:
Sue Filson, Executive Manager, Board of County commissioirt'
Alexandra Sulecki, Conservation Collier Program coordinat~j
Feb 14,2008
From:
Date:
Subject:
Transmittal of approved signed Minutes from the January 14th, 2008
Conservation Collier Land Acquisition Advisory Committee Meeting
Please tind attached the following:
. Approved, signed Minutes from the January 14,2008 Conservation Collier
Land Acquisition Advisory Committee Meeting
Please call me at 252-2961 if you have questions.
Environmental SelVices Department
Community Development & Environmental Services C.,tision
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THE OCHOPEE FIRE CONTROL DISTRICT
ADVISORY BOARD MEETING
HELD ON JANUARY 15,2008
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In attendance were the following:
Alan McLaughlin, Acting Fire Chief
Mitchell Roberts, Chairman, Copeland
John Pennell, Plantation Island, Advisory Board Member
Joseph Dillon, Port ofthe Islands, Advisory Board Member
Macbeth Collins, Everglades City, Advisory Board Member
The meeting opened at 6:10PM.
A motion was made by John Pennell to approve the minutes of November 19,2007
And December 10, 2007 the motion was seconded and passed. Both minutes were
approved.
The Chief confirmed that he gave every one a sunshine law packet last meeting.
Mitchell Roberts confirmed that he had given them a packet.
OLD BUSINESS:
Chief McLaughlin mentioned the ongoing maintenance of the facility and that two flood
lights in front of the building had been installed as well as a light in front for the flag
because it is left up at night. The Facilities Maintenance Department took care ofthe
installation of the lights and more are going to be mounted in the breeze way.
He spoke about putting up a heavy roll up tarp to close off the breeze way at night to help
keep the debris out. Budget constraints are forth coming which means spending will
have to be kept down so he will have to put this purchase off for now.
The thermal imagers were purchased as discussed last meeting. Some of that capital
improvement projects were the covers for the engines which he has rescinded. Instead of
spending $19,000 on the covers he will be using $7,000 of those funds to purchase an
awning type carport to be placed in front of the concrete pad to protect the vehicles from
the sun. The rest of the money will be put aside until he sees how the budget comes
through after the referendum which is scheduled to be voted on at the end of January.
Foam tanks are being installed on the vehicles and radio boxes are being mounted on the
engines giving them the capabilities to charge the portables. He spoke to Dan Summers
and the T-75 issue is still moving forward and will probably happen.
He wants to meet wit the Developer of the new high rise at Port of the Islands about them
purchasing modular trailers to place on the property that was given to the District for a
Station.
Page 1
Misc. Cooes:
Date: 3. 1\ .<?
Item#:.&_J (11')5
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161
Joseph Dillon asked if that would be in lieu ofa perm!Ulent residence.
Chief McLaughlin said it would cost two million dollars to put up a permanent building.
These trailers would be !Ul interim facility and that Fire Departments do it all the time.
This would be until the District could budget for a permanent facility. We would own
the trailer it would house three people it would meet all construction requirements. We
would also put up an awning type carport on a slab to protect the vehicles. He teels we
need to get the protection out there because the developers want to put up a nine and
eleven story buildings with the closest fire station more than 10 milcs away. He has
concerns as fire chief with safety factors due to the distance and with the State Statute
633R40.
Clean up is still going on at the Station the administrative office is going to be painted,
new flooring installed, new file cabinets and new furniture for the secretary.
Kecping watch on the budget trying to finish up some of the clean up and projects. The
brush truck has been delayed due to the wrong chassis was sent so delivery will be some
time in February. As soon as they receive the chassis they can build the truck in two
weeks.
Joseph Dillon wanted to know what the status was on the nine and eleven story buildings.
You mentioned that you would like to have the double wide prior to permitting the
structures where does that lie right now. He then asked who would be responsible for the
costs, all the costs and when is this going to happen.
Chief McLaughlin said we have not received a response back yet. The building will be
back through permitting because it failed some things. Part of the process is a pre-build
conference that's where we'll discuss it. He went on to explain what a pre-build
conference was to Joseph Dillon and the other board members.
He went on to say right now they have a water problem as to volume. They are going to
need ]400 gallons per minute and the current system is only 600 gallons per minute.
They are looking at putting in a huge retention pond (a lake) with a pump or they would
have to put in a water plant just to supply their own water.
In answer to Joseph Dillon's question about the costs for the double wide installation the
Chief would have them take on all the costs because they are causing the impact.
Chief McLaughlin mentioned that they could waive some of the impact fees to cover the
cost.~ of the interim Fire Station for example if they put in a $30,000 double wide their
impact fee would be reduced by that amount we can do that.
Joseph Dillon said would you not put up a structure equivalent to the impact fees.
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Chief McLaughlin said the problem is you are not going to build a building out here by
code for $150,000.
Joseph Dillon said $130,000 would go a long way with an architect.
Mitchell Roberts was not able to verify with the Lee Cypress Water Board as to whether
the water is still hooked up to the old system.
Chief McLaughlin said they went out and checked it he believes it is a private system.
Mitchell Roberts said so they have to maintain the hydrants in Lee Cypress.
Chief McLaughlin said he'd have to check on that. He said they've put a whole new
water system out there.
NEW BUSINESS:
ChiefMeLaughlin said this Saturday a campaign has been set up for Ochopee Fire
Control District Personnel to out to Lee Cypress, Copeland, Jerome and Wagon Wheel
Road door to door with door hangers for brush fire awareness, pamphlets and flyers.
Commissioner Colletta had concerns about this issue so it is being addressed.
Chief McLaughlin is having a mandatory Department Meeting this Thursday at 8: l5AM
to give everyone an update as to where we're at in the Department and listen to any
complaints. We are going to establish a three year plan for the Department. When we do
then we'll know where we are and where we're going and how we're going to get there.
Chief McLaughlin wants to move EMS out of the Building and over to where the current
Administrative Offices are. He met with the Mayor today we have an agreement with the
City on the space for the Fire Department. EMS pays the District $3,000 a year for rent
ofthat space they also charge the City $2700 a year to bring the extra EMS and
Helicopter down for the Seafood Festival.
Chief McLaughlin is considering tanking the $3000 and remodel the office for them and
telling Jeff he doesn't have to pay it any more.
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TIle back space is needed for the Ochopee Fire Control District Personnel. Right now
two people have one third of the station while our personnel don't have enough space.
This is actually more of a safety problem the personnel need storage space for their
personal clothing separate from their bunker gear due to carcinogen contamination.
Therefore the Department will need to install personalloekers for each firefighter to
remedy this problem so this is why more space is needed. He has already purchased
threc tor the Lieutenants but the rest of the personnel also need lockers. This intermixing
of clothing is also a violation ofNFP A so this needs to be corrected.
He went on to say that this problem is going to cost the District some money. He is going
to purchase a 40 foot single wide trailer and he already has pennission by the City to
place out back as an administrative office for himself and the secretary.
Mitchell Roberts said you are putting the housing area for the Fire Staff in the back and
the bunk room as the locker room.
Chief McLaughlin said the back room would be the bunk room, lockers and beds. The
center room will become the tile storage room which we desperately need all these plans
that we have we'll build a plan storage area. The front room will become a Lieutenant's
office. He said the wall is coming down its going to be one big room. The bunks will be
separated by lockers. W c need five bunks we have some reserve Firefighters that will be
showing up.
The Chief stated that he would have to take money out of the Reserves in the Budget to
fund some of these changes and that he left $10,000 back so he could put it into this
proj eet.
The Chief stated that we have a four man minimum manning and per the two in two out
law there has to be four personnel on shift at all times. On one shift there are fi ve
personnel that is not so much of a problem but the other two shifts there are only
four people on so if one person is off some one would have to be called in on overtime.
He has several options in order to remedy this problem the days he only has three
personnel on he calls control and tells them the District cannot respond to 1-75, or
Put people on pagers to come in when there is a second call to help cover, then the
overtime budget is going to go through the roof or hire job bankers. They've been using
job bankers at Isles of Capri and they are still using them. They would be part time they
would work under 40 hours per week; they would be fully certified firefighters usually
from other departments in the county. He wants to hire two job bankers one to be on
days as his assistant to help keep up with daily operations and one to cover overtime on
shifts. The day person would cover when he is on and the other would pick up the slack.
This is a way to reduce the overtime costs by half and lower the overtime budget at the
same time.
Page 4
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Joseph Dillon askcd ifhe had a list of job bankers.
Chief McLaughlin said there are no Firelighters in the job bank pool because these
people have to be certified. He also said that he had to apply for an exemption requisition
in order to hire job bankers because the COWlty has a freeze on hiring right now. But he
let his supervisor know that he will have to shut an engine down if we cannot make our
four man minimum manning.
Mitchcll Roberts asked if thcy have any benefits.
Chief McLaughlin said yes they do have a benefit package. He went on to say the day
person would only work three days a week and the other would fill in when some one is
off and that would only be at night if the day person is on.
The Chief went on to say that we are $11,000 off in the personnel budget because of the
salary increases and the holiday pay the job bankers could help put some of that money
back.
Mitchell Roberts asked why they couldn't use the paid Firefighters to fill in by putting
them on call.
Chief McLaughlin said they will be coming and going plus per their contract they get at
least two hours stand by pay so if they go for five minutes they get two hours. There is a
hiring freeze on per the County Manager but I can hire job bankers. Hopefully by the
next meeting we will have it advertised.
Mitchell Roberts asked can employees put in for the job banker jobs.
Chief McLaughlin said no they can't
Mitchell Roberts asked if he has passed this by staff
Chief McLaughlin said yes. He went on to say that he didn't think we were going to be
affected much budget wise. We will probably have to cut over all 7% for the 09 budget
but we have strong reserves they should carry us through for a while. We have spent a
lot of money in the last six months but we should be good for three years. We shouldn't
have to add anything major for a while unless something breaks.
A motion was m<Ule to adj?UTll it w~second~ and passed the meeting ended.
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Miteheil Roberts, Chairman
Ochopee Fire Control District Advisory Board
Page 5
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REC.' " dJ. u
February 1,2008
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MINUTES OF THE HEARING OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, February 1,2008
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 Building "F," 3rd floor, of the
Government Complex, Naples, Florida, and the following persons were present:
SPECIAL MAGISTRATE:
Honorable Brenda Garretson
Sue Chapin, Secretary to the
Special Magistrate
STAFF PRESENT: Gary Dantini, Code Enforcement Supervisor
Marlene Stewart, Code Enforcement Administrative
Secretary
Misc. ComIS:
Date 31\.~
Item #.1& I (6) I
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February 1,2008
I. 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 opportnnity to speak with their Investigating Officer for a Resolution
by Stipulation; looking for compliance without being punitive.
RECESS: 9:12 AM
RECONVENED: 9:40 AM
II. APPROVAL OF AGENDA
Marlene Stewart, Code Enforcement Administrative Secretary, proposed the following changes:
(a) "Motions for Continuance"
. SO 148253 - BCC vs. Pedro V. Lucio
. SO 150563 - BCC vs. Marcelle L. Beueat
. PR 1295 - BCC vs. Pattey Fleming
(b) The following cases were WITHDRAWN by the County due to payment of fines:
. Case # SO 161151 - BCC vs. All-Star Truck Brokers, Inc., c/o Thomas R. Hester
. Case # SO 162599 - BCC vs. Bernard J. Connolly
. Case # PR 1505 - BCC vs. Alice Nordquist
. Case # PR 1431 - BCC vs. Cynthia T. Feeney
· Case # 2007070675 - BCC vs. Thomas E. Lyons, Diane G. Lyons & Tracy Lyons
. Case # 2007070604 - BCC vs. David P. Reinersten
(c) Under Item VI(A):
· Case # 2007051053 - BCC vs. Thomas J. Zenz and Susan L. Zenz, the Violation was
changed to Ord. 04-41 as amended, Sec(s). 4.05.03(A)
. Case # 2007020557 - BCC vs. Sandra S. Combs Tr., Carol R. Smith, the Case
Number was changed from 2006110431, the Ordinance was changed to 2004-58,
Section 6, Subsections 12-B, 12-C and 12-1, and the Violation was changed to
Imposition of Fines - Minimum housing
Sue Chapin, Secretary to the Special Magistrate, stated the following cases would be moved
up in the following order:
· Agenda # 4, Case # SO 158447 - BCC vs. Russell F. Hodges - a permit has been
obtained
. Agenda # 13, Case # SO 162855 - BCC vs. Dale T. Buettner - an Oral Stipulation will
be presented
. Agenda # 23, Case # PR 1410 - BCC vs. Dale T. Silverwood - the Officer has requested
a DISMISSAL of this case
The Special Magistrate approved the Agenda as amended, subject to changes made during
the course of the Hearing at the discretion of the Special Magistrate.
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III. APPROVAL OF MINUTES
The Minutes of the Hearing held on January 18, 2008 were reviewed by the Special
Magistrate who made the following revisions:
. Case # 2007060378 - BCC vs. Exante Fils-Aime & Noltine Alexandre, the
Operational Costs were changed from $223.62 to $233.62
. Case # 2007080700 - BCC vs. Janet St. Onge, the date of the Property
Maintenance Inspection Report was changed to November 17, 2007
The Special Magistrate approved the Minutes for January 18, 2008 as amended.
IV. MOTIONS
A. Motions for Continuance:
7. Case # SO 148253 - BCC vs. Pedro V. Lucio
The Hearing was requested by the Respondent who was present.
Collier County Deputy Sheriff Sanner who was not present.
Violation(s): Ord. Sec. 130-67
Parking in a handicapped space
Violation address: Golden Gate Library, 4898 Coronado Parkway
The Special Magistrate stated the Court Liaison for the Sheriff's Office submitted a
Request for a Continuance on behalf of Deputy Sanner.
The Request stated: "Please be advised that the above-mentioned Deputy has previously
notified our office that he will be on vacation from February 1 - 10, 2008. The following
case will require a Continuance. "
When the Respondent was asked ifhe had received a copy of the Motion for a Continuance
dated January 22, 2008, he stated he had not. The Special Magistrate stated there was
ample time to notify the Respondent.
The Special Magistrate DENIED the Request for a Continuance from the SherifJ's
Department due to lack of notice to the Respondent.
The Respondent asked for the case to be dismissed.
The Special Magistrate GRANTED the Respondent's Motion for Dismissal.
9. Case # SO 150563 - BCC vs. Marcelle L. Beneat
The Hearing was requested by the Respondent who was not present.
Collier County Deputy Sheriff Renee Sosbe was present.
Violation(s): Ord. Sec. 130-67
Parking in a handicapped space
Violation address: 954 Goodlette Road N.
The Special Magistrate stated the Respondent submitted a written Request for
Continuance due to her husband's illness - he is confined to Lely Palms Manor Care for
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medical treatment.
The Deputy stated she had no objection to the granting of a Continuance.
The Special Magistrate GRANTED the Respondent's Motion for a Continuance.
26. Case # PR 1295 - BCC vs. Pattev Fleminl!
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Carol Buckler was present on behalf of Park Ranger Mauricio
Araquistain.
Violation(s): Ord. Sec. 130-66
Parking in an unlawful area. Failure to display paid parking receipt.
Violation address: Clam Pass parking lot
The Park Ranger stated she objected to the granting of a Continuance.
The Special Magistrate DENIED the Respondent's Motion for a Continuance.
4. Case # SO 158447 - BCC vs. Rnssell F. Hodl!es
The Hearing was requested by the Respondent who was not present.
Collier County Deputy Sheriff Fred Klinkmann was present.
Violation(s): Ord. Sec. 130-67
Parking in a handicapped space
Violation address: Naples Plaza (Publix)
The Deputy requested dismissal of this case because the Respondent did possess a
Handicapped Parking permit.
The Special Magistrate GRANTED the County's Request for DISMISSAL.
13. Case # SO 162855 - BCC vs. Dale T. Buettner
The Hearing was requested by the Respondent who was not present.
Collier County Deputy Sheriff Lawrence Keller was present.
Violation(s): Ord. Sec. 130-67
Parking in a handicapped space
Violation address: 8970 #6 Fontana Del Sol Way
The Deputy presented an Oral Stipulation. The Respondent admitted to the Violation and
agreed to pay the fine of $250.00.
Finding the Notice of Hearing had been properly served, and finding the violation(s) did
exist, the Respondent was found GUILTY of the alleged violation(s) and was ordered to
pay a civil penalty in the amount of $250. 00 on or before March 1, 2008.
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23. Case # SO 1410 - BCC vs. Dale T. Silverwood
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Barry Gorniak (corrected spelling) was present.
Violation(s): Ord. Sec. 130-66
Parking in an unlawful area. Failure to display a paid launch receipt.
Violation address: Bayview Park
The Deputy requested dismissal ofthis case because the Respondent produced a paid receipt.
The Special Magistrate GRANTED the County's Request for DISMISSAL.
Sue Chapin, Secretary to the Special Magistrate, stated Stipulations had been reached in the
following cases:
. Agenda # 20 - BCC vs. Michael S. Brower & April L. Brower
. Agenda # 14 - BCC vs. James Rivera & Maria Rivera
. Agenda # 16 - BCC vs. Centex Homes
V. PUBLIC HEARINGS
A. Stipulations:
20. Case # PU 3299 - BCC vs. Michael S. Brower & Avril L. Brower
The Hearing was requested by Collier County Public Utilities Investigator Jeremy
Florin who was present.
The Respondents had been present earlier and entered into a Stipulation but left before the
Hearing could be heard.
Violation(s): Ord. 02-17, Sees. 5 & 5,4
Illegal irrigation - Phase II Water Restrictions
Violation address: 5090 Tamarind Ridge Drive
A Stipulation had been agreed to by Respondent, Michael S Brower, on behalf of his wife,
April L. Brower and himself.
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 Respondents were found GUILTY
of the alleged violation(s) and were ordered to pay afine in the amount of $80. 00 on or
before March 18, 2008.
Operational Costs were waived.
14. Case # PU 3375 - BCC vs. James Rivera & Maria Rivera
The Hearing was requested by Collier County Public Utilities Investigator Alberto
Sanchez who was present.
Respondent, Maria Rivera, had been present earlier and entered into a Stipulation but left
before the Hearing could be heard.
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Violation(s): Ord. 02-17, Sees. 5 & 5.4
Illegal irrigation - Phase II Water Restrictions
Violation address: 2867 Orange Grove Trail
A Stipulation had been agreed to by Respondent, Maria Rivera, on behalf of her husband,
James Rivera and herself
The Investigator stated he had spoken with Mr. Rivera via telephone and that he accepted the
terms of the Stipulation which his wife had signed. The Investigator stated this was a third
violation for this property.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to pay a cMlfine in the amount of
$500.00, together with an administrative fee of$5.00, on or before March 1, 2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on or before
March 1, 2008.
16. Case # PU 3531- BCC vs. Centex Homes
The Hearing was requested by Collier County Public Utilities Investigator Alberto
Sanchez who was present.
The Respondent was represented by School Hall, Project Manager who had been present
earlier and entered into a Stipulation but left before the Hearing could be heard.
Violation(s): Ord. 01-73, Sees. 1.4, N
Unlawful connection to County water line supply
Violation address: 9425 Immokalee Road
A Stipulation had been agreed to by Scott Hall as Project Manager for the Respondent,
Centex Homes.
The Investigator stated this was a repeat violation for this property.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a civil fine in the amount of
$500.00, together with an administrative fee of $5. 00, on or before March 1, 2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50.00 on or before
March 1, 2008.
V. PUBLIC HEARINGS
B. Hearings:
1. Case # CO 412 (#2007110051) - BCC vs. Milton Soto
The Hearing was requested by the Respondent who was present.
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Linda Leonetti and Ramona Alvarez were present as witnesses for the Respondent.
Collier County Code Enforcement Investigators Kitchell Snow and Michaelle Crowley
were also present.
VioIation(s): Code of Laws & Ordinances Chapter 142, Sees. 142-51A & 142-58F3
Operating a vehicle for hire making pickup in Collier County without a
Certificate to Operate
Violation address: 7878 Shark Way
The Respondent stated he was driving a personal vehicle, a limousine, which had formerly
been a vehicle for hire, to drive the owner's son to a school function. He stated there was a
stencil on the rear window ("Sweet Jammin' Limo") of the vehicle which had not been
removed. The vehicle was insured for personal use only and he drove it as a favor to the
owner. He was not paid.
Linda Leonetti, Office Manager for Abel Alvarez, the owner of the vehicle, stated that it had
been used previously when Mr. Alvarez operated a service for hire but she had notified the
County on June 12, 2007 that the business was no longer in operation and the license was not
being renewed.
Mrs. Alvarez stated she was called to the school where she explained to the Investigator that
the vehicle was no longer used as a vehicle for hire. She stated she tried to explain the
situation to the Officer and present the paperwork, but he refused to examine it and simply
wrote the ticket. She also stated the Respondent was not paid to drive - he did it as a favor.
The Respondent stated he placed stickers on the vehicle in three locations which stated
"Private."
The Respondent introduced the following documents which were marked as Respondent's
Exhibits and admitted into evidence:
. Exhibit "A" - Allstate insurance document
. Composite Exhibit "B" - Cancellation of commercial insurance policy
Investigator Snow introduced the following documents which were marked as County's
Exhibits and admitted into evidence:
. Exhibit "A" - Code Case Detail Report dated June 8, 2007
. Composite Exhibit "B" - Fax from Linda Leonetti and driver IDs
. Exhibit "c" - Certificate to Operate dated February 2, 2007
Investigator Snow presented a copy of the Ordinance. The Special Magistrate stated she
would take Judicial Notice of the Ordinance.
Investigator Crowley stated she was surprised to see the white stretch limo because she had
been told it had been taken off the road and was no longer in service.
The Special Magistrate stated she had no reason to not believe the testimony of Ramona
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Alvarez. The Special Magistrate stated to avoid further confusion, the decal on the rear
window should be immediately removed from the vehicle. Linda Leonetti stated the stencil
was in the process of being removed.
The Special Magistrate ruled that the Respondent was not in violation and DISMISSED
this case.
2. Case # CO 415 (#2007110255) - BCC vs. Lawrence Jacobs
The Hearing was requested by the Respondent who was present.
Linda Hill was present as a witness for the Respondent.
Collier County Code Enforcement Investigators Michaelle Crowley was also present.
Violation(s): Code of Laws & Ordinances Chapter 142, Sees. 142-37(B) & 142-33(J)
Operated a vehicle for hire making passenger pickup in Collier County
without a valid driver ID issued
Violation address: 280 Vanderbilt Beach Road - Ritz Carlton
The Respondent stated his permit had expired, but it had been re-issued by Code
Enforcement and he had the paid receipt.
Lisa Hill, owner of Royal Floridian Transportation stated the Respondent was en route to pick
up the new permit when she contacted him to make a pick up at the Ritz due to a requested
change in time from the client. She thought since the Respondent had been notified his ID
had been issued by Code Enforcement, it would not be a violation for him to pick up the
client.
The Investigator stated that while the ID had been re-issued, the Respondent should have had
it in his possession and displayed to all passengers at the time he made the pick up at the
Ritz Carlton.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the allegedviolation(s) and was ordered to pay a civilfine in the amount of
$100.00, together with an administrative fee of$5.00, on or before March 1, 2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
Operational Costs were waived.
3. Case # CO 414 (#2007110048) - BCC vs. Imal!e Limos, Thomas FarQuer, c/o John
Reeve
The Hearing was requested by the Respondent who was present.
Collier County Code Enforcement Investigators Michaelle Crowley was also present.
Violation(s): Code of Laws & Ordinances Chapter 142, Sees. 142-37(A) & 142-58(F)(5)
Operated a vehicle for hire making passenger pickup in Collier County
without an approved Certificate to Operate
Violation address: 7878 Shark Way - Gulf Coast High School
The Respondent, John Reeve, stated he is the owner ofImage Limo which is licensed to
operate in Lee County. Thisjob had been his company's first job in Collier County, He
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was unaware of Collier County's restrictions and would not operate in Collier County again.
The Investigator stated the previous owner ofImage Limos was a certificate holder in
Collier County.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a civilfine in the amount of
$100.00, together with an administrative fee of $5.00, on or before March 1, 2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on or before
March 1, 2008.
RECESS: 11:20 AM
RECONVENED: 10:40 AM
V. PUBLIC HEARINGS
B. Hearings:
6. Case # SO 155602 - BCC vs. Hristo Man!!ovski
The Hearing was requested by the Respondent who was not present.
Collier County Deputy Sheriff Castineira was present.
Violation(s): Ord. 130-66(l)(H)
Parking in a fire lane
Violation address: 5351 Airport Pulling Road N.
The Deputy stated the Respondent had entered into an Oral Stipulation and had agreed to
pay the fine.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay the Citation fee in the amount
of $30. 00 on or before March 1, 2008 unless altered by a subsequent Stipulation or
Order of the Special Magistrate.
Operational Costs were waived.
5. Case # SO 144803 - BCC vs. Eric Co Raddatz
The Hearing was requested by the Respondent who was present.
Collier County Deputy Sheriff John Maisano was also present.
Violation(s): Ord. 130-66
Parking in an unlawful area - County Right-of- Way
Violation address: Center Street & Gulfshore Court
The Respondent stated the area was not clearly marked and there was no sign indicating
that parking was not allowed. He had attempted to park by a meter but it was not accepting
coins so he moved his car to find another spot. He did not realize that he had parked in the
County's Right-of- Way.
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The Investigator presented three photographs which were marked as County's Composite
Exhibit "A" and admitted into evidence.
The Investigator stated there was parking available at the garage on Vanderbilt Beach. The
Respondent stated he thought parking there was restricted to permit holders only.
The Respondent presented a photograph which was marked as Respondent's Exhibit "#1"
and admitted into evidence.
The Special Magistrate stated the County could not place signs at every right-of-way and,
regardless of signage, the Ordinance states parking is not permitted in any right-of-way.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay the Citation fee in the amount
of$30.00, together with an administrative fee of $5. 00, on or before March 1, 2008
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
Operational Costs were waived.
10. Case # SO 142017 - BCC vs. Franklin P. Amisano
The Hearing was requested by the Respondent who was present
Collier County Deputy Sheriff Robert Lewis was also present
Violation(s): Ord, 130-67
Parking in a handicapped space
Violation address: 1900 Tamiami Trail N.
The Respondent stated he had a handicapped parking permit which had been issued in New
York State. He was unable to display his permit because he was operating a motorcycle.
He presented the following documents which were marked as Exhibits and admitted into
evidence:
Exhibit "A" - hand-drawn map
Exhibit "B" - NY State handicapped parking permit
Exhibit "C" - Anchor Health Center medical excuse signed by Dr. Dungess
The Deputy stated the vehicle was parked in the access zone next to a handicapped parking
space which was marked.
Finding the Notice of Hearing had been properly served; the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay the civil fine in the amount of
$250.00 on or before March 1, 2008 unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
Operational Costs were waived.
11. Case # SO 142005 - BCC vs. Marilvn J., Beecher
The Hearing was requested by the Respondent who was present
Collier County Deputy Sheriff Robert Lewis was also present
Violation(s): Ord. 130-66(1) (H)
Parking in a fire lane
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Violation address: 7101 Radio Road - parking lot
The Respondent stated she stopped at Berkshire Commons Walgreen's to help a friend, who
had been released from the hospital that morning, pick up her prescriptions. The Respondent
pulled into the area in front of Walgreen's because she was concerned about not making her
friend walk any distance. She stated she had been waiting for only seconds when the Officer
approached her. The Respondent stated she was unaware the vehicle was in a fire lane and
thought she should have been issued a "warning" rather than a Citation.
The Officer stated a vehicle is permitted to park in the area only to allow a passenger to enter
or exit the vehicle, and "waiting" is not permitted due to the need to keep the area available
for use by emergency vehicles, He stated he observed the vehicle for a few minutes before he
approached the driver
Finding the Notice of Hearing had been properly served; the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay the civilfine in the amount of
$30.00 on or before March 1, 2008 unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
Operational Costs were waived.
17. Case # PU 3404 - BCC vs. Gree:orv E. Hunter & Pamela P. Hunter
The Hearing was requested by Collier County Public Utilities Investigator George
Cascio who was present.
The Respondent, Gregory E. Hunter, was also present and represented his wife,
Pamela P. Hunter.
Violation(s): Ord, 02-17, Sec, 5,4
Illegal irrigation - Phase II Water Restrictions
Violation address: 2117 Imperial Golf Course Blvd.
The Respondent stated he was out of town on the weekend when the violation occurred. He
stated he had programmed the sprinkler with the correct watering times but believed there
was a malfunction with the equipment.
The Investigator stated the sprinkler should have ended at 8 :00 AM. He stated he observed
the violation at 9:00 AM and it was possible for the sprinkler to be stuck in one watering
zone,
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay the Citation fee in the amount
of$50.00, together with an administrative fee of$5.00, on or before March 1, 2008
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
Operational Costs were waived.
18. Case # PU 3301 - BCC vs. Todd Jacobson & Donna Jacobson
The Hearing was requested by Collier County Public Utilities Investigator Jeremy Florin
who was present.
The Respondent, Todd Jacobsen, was present and also represented his wife,
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Donna Jacobson,
Violation(s): Ord. 05-54, Sec. 19C, 6, 8,14
Dishwasher in County Right-of-Way
Violation address: 4860 28th Court SW
The Respondent stated his tenant moved a stove and dishwasher, previously stored in the
garage, without permission or without notifying him. When he was informed later that day,
he went to the property and found that the appliances had been stripped and could not be
salvaged. He removed the items within hours ofreceiving the Citation.
The Investigator stated the violations had been abated. He suggested combining Case # PU
3301 with Case # PU 3302 since the violations and address were the same.
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 Citation fee in the amount of $1 00.00,
together with an administrative fee of $5. 00, on or before March 1, 2008 unless altered
by a subsequent Stipulation or Order of the Special Magistrate.
Operational Costs were waived.
19. Case # PU 3302 - BCC vs. Todd Jacobson & Donna Jacobson
The Special Magistrate waived assessing any fines in this case.
(Refer to Agenda # 18, above)
21. Case # PR 398 - BCC vs. Sterlin F. Misener
The Hearing was requested by Collier County Park Ranger Norman Skinner who was
present.
The Respondent was also present.
Violation(s): Ord, Sec. 130-66
Parking in an unlawful area. Failure to display paid receipt or permit
Violation address: Cocohatchee River Park
The Respondent stated the permit was displayed on the dashboard of his vehicle on the
driver's side. He had previously asked the Dock Master to produce written rules specifying
where the permit sticker is supposed to be placed. He stated no rules were posted in the office
and they are not available on the internet. The Respondent stated he felt that he was being
unfairly targeted because this was the second time he was cited for the same violation.
The Respondent introduced the following documents which were marked as Exhibits and
admitted into evidence:
Exhibit # I - 2007 permit
Exhibit #2 - 2008 permit
The Park Ranger stated he could not accept the receipt produced by the Respondent because it
was written over. He stated the Respondent was belligerent and the Sheriff's Office was
called to provide assistance. He stated the permit should be placed on the tongue of the trailer.
He stated the Ordinance Number is 130-66.
The violation has been abated.
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February 1,2008
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 Citation fee in the amount of $30. 00, on
or before March 1, 2008 unless altered by a subsequent Stipulation or Order of the
Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on or before
March 1, 2008.
29. Case # 2007100102 - BCC vs. Ynlav Exposito and Aide Exposito
The Hearing was requested by Collier County Code Enforcement Investigator Carmelo
Gomez who was present.
The Respondent was present and also represented his wife, Aide Exposito.
Josolina Gamarra served as translator for the Respondent.
Violation(s): Ord. 05-44, Secs. 6 & 7
Unlawful to litter, accumulation oflitter
Violation address: 5031 32nd Ave. SW
The Investigator stated the violation had been abated.
The Respondent requested additional time to pay because he was unemployed.
Finding the Notice of Hearing had been properly served, andfinding the violation(s) did
exist but was CORRECTED prior to the Hearing, the Respondents were found GUILTY
of the alleged violation(s) and were ordered to Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $227. 55 on or before
April 1, 2008.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case # 2006110409 - BCC vs. Carmen Vasallo
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini and Code Enforcement Investigators Thomas Keegan and Jonathan Musse.
The Respondent was also present.
Brandy Gutierrez served as translator for the Respondent.
Violation(s): Ord. 05-44, Secs. 6, 7 & 8
Accumulation of Litter
Violation address: 1013 Newmarket Road W., lmmokalee, FL 34142
Supervisor Dantini stated the violations had been abated.
The County requested imposition ofthe Operational Costs in the amount of$176.53,
together with fines in the amount of$15,900.00 for the period from April 26, 2007 through
October 3, 2007 (1 59days @ $100.00), for a total fine of$16,076.53.
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The Respondent introduced receipts dated May 23 and May 24, 2007 which were marked as
Composite Exhibit # I and admitted into evidence. She stated she did not consider the iron
bed frame as litter and needed assistance to move it.
Investigator Musse introduced a photograph dated September 17, 2007, which was marked as
Exhibit "A" and admitted into evidence. He stated he spoke with the Respondent on several
occasions beginning in June, 2007, to explain what was constituted litter.
The Special Magistrate noted the Respondent began to answer her questions before the
translator was completed. The Special Magistrate stated the Respondent could not produce
any mitigating evidence concerning the long delay in complying with the original Order.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
2. Case # 2006100283 - BCC vs. Geor!!e G. Smith Jr Tr" Anita U. Smith Tr" Smith
Trust UTD 5/9/07
The County was represented by Collier County Code Enforcement Supervisor Gary
Oantini and Code Enforcement Investigator Heinz Box.
The Respondent was present and also represented his wife, Anita U. Smith.
Violation(s): Ord. 05-44, Sees. 6,7 & 8
Accumulation of Litter
Violation address: 1120 St. Clair Shore Rd., Immokalee, FL 34102
Supervisor Oantini stated the violations had not been abated.
The County requested imposition of fines in the amount of $34,900.00 for the period from
February 17, 2007 through January 31, 2007 (349days @ $100.00).
Supervisor Oantini stated the Operational Costs in the amount of $147.41 had been paid.
The Respondent stated that his items and vehicles had value, and were not litter.
The Investigator stated only one of the vehicles had been licensed.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines but
reduced the amount to $33,300.00. The Special Magistrate stayed the continual accrual of
fines for thirty days, and ruled that the violations must be abated by March 1, 2008 or the
fines would be imposed retroactively and would begin to accrue again.
The Special Magistrate stated the Respondent could apply for a reduction of the fines by
submitting a written request.
3. Case # 2007070544 - BCC vs. Elsa M. Flores & Carlos Flores
The County was represented by Collier County Code Enforcement Supervisor Gary
Oantini and Code Enforcement Investigator Carmelo Gomez.
The Respondent, Elsa M. Flores, was present and also represented her husband, Carlos
Flores.
Camil Flores served as translator for his mother.
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Violation(s): Ord. 04-58, Sec. 7(2)
Rental registration
Violation address: 4650 25th Ct. SW, Naples, FI34116
The Investigator stated the violations had been abated.
The County requested imposition of the Operational Costs in the amount of $241.33,
together with fines in the amount of $2,450.00 for the period from October 20, 2007
through January 25, 2008 (98 days @ $25.00), for a total fine of$2,691.33.
The Respondent stated she and her husband reside in Miami. She did not realize the property
had to be registered. In April, 2007, they hired a property management company to manage
the property. The notice had been sent to an incorrect address, The Respondent further stated
the property was vacant, and the tenant left the premises in shambles. She found out about
the violation when she and her husband came to inspect the damage and found the notice
posted on the property.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines
but reduced the fines to a total of$I,241.33, including Operational Costs, to be paid on
or before March 1, 2008.
4. Case # 2007051053 - BCC vs. Thomas J. Zenz & Susan L. Zenz
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini and Code Enforcement Investigative Supervisor Jeff Letourneau,
The Respondent was present and also represented his wife, Susan L. Zenz.
Violation(s): Ord. 04-41 as amended. Sec. 4.05.03(A)
Multiple vehicles parked on the front/rear yard
Violation address: 5353 Broward St, Naples, FL 34113
Supervisor Dantini stated the violations had been abated, and the Operational Costs had been
paid.
The County requested imposition of fines in the total amount of $2,250.00 for the period
from July 24,2007 through September 7, 2007 (45 days @$50.00).
The Respondent stated he thought the situation had been resolved. He stated he did not
receive any notice for the previous Hearing via certified maiL
Supervisor Letourneau stated the original Hearing was scheduled for July 20, 2007 and the
Re-Hearing was scheduled for September 21, 2007. The violation was abated prior to the
date of the Re- Hearing.
The Special Magistrate stated the daily accrual of fines should have been stayed until the Re-
Hearing was decided.
The Special Magistrate decided to take this case UNDER ADVISEMENT until the County
could produce documentation concerning the date that the Respondent requested a Re-
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February 1,2008
Hearing. The Special Magistrate's decision would be sent to the Respondent via Certified
Mail.
5. Case # 2007050953 - BCC vs. Humberto Barco & Alicia Barco
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini and Code Enforcement Investigator Cristina Perez.
The Respondent, Alicia Barco, was present and also represented her husband, Humberto
Bardo.
Sandra Barco served as translator for her mother.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00(A)
Unlicensed/inoperable vehicles
Violation address: 2821 54th Ave NE., Naples, FL 34120
Supervisor Dantini stated the violation had been abated, and the Operational Costs had been
paid.
The County requested imposition of fines in the total amount of $850,00 for the period
from September 25, 2007 through October 12,2007 (17 days @$50.00).
The Respondent stated she and her husband were not in the area when the Notice was
issued. They repaired everything as soon as they learned about the violations.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines
but due to mitigating circumstances, the Special Magistrate reduced the fine to a total
of$425.00 to be paid on or before March 1, 2008.
RECESS: 2:15 PM
RECONVENED: 2:26 AM
V. PUBLIC HEARINGS
B. Hearings:
15. Case # PU 3534 - BCC vs. Roberto BoUt Tr.. Oranl!etree Association
The Hearing was requested by Collier County Public Utilities Investigator Alberto
Sanchez who was present
The Respondent was not present
Violation(s): Ord. 02-]7, Secs. 5 & 5A
Illegal irrigation - Phase 11 Water Restrictions
Violation Address: 3141 Orange Grove Trail
The Investigator stated this was a 3'd offense for this property and requested the maximum
fine for the violation. He stated the property has been posted and Notice had been sent via
Certified Mail.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a civil penalty in the amount
]6
16 JIB \
February 1,2008
of$500.00, together with an administrative fee of $5. 00, on or before March 1, 2008
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on or before
March 1,2008.
22. Case # PR 1210 - BCC vs. Nicholas De Alva
The Hearing was requested by Collier County Park Ranger Barry Gorniak who was
present.
The Respondent was not present.
Violation(s): Ord. Sec. 130-66
Parking in an unlawful area - Parked between two metered vehicles.
Violation Address: 100 Vanderbilt Beach Road
The Investigator introduced a photograph of the vehicle which was marked as County's
Exhibit "A" and admitted into evidence.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a Citation fee in the amount
of$30.00 on or before March 1, 2008.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on or before
March 1, 2008.
24. Case # PR 1272 - BCC vs. Elizabeth J. Pearce
The Hearing was requested by Collier County Park Ranger Kurt Araquistain who was
present.
The Respondent was not present.
Violation(s): Ord. Sec. 130-66
Parking in an unlawful area. Failure to properly affix beach parking
permit sticker.
Violation Address: Clam Pass Beach
The Investigator stated the parking sticker had been taped to the vehicle's bumper. He
introduced photographs of the vehicle which were marked as County's Exhibit "A," "B,"
and "C," and were admitted into evidence.
Investigator Oantini stated the Notice of Hearing had been sent to the Respondent, via
certified mail, on January 19, 2008.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a Citation fee in the amount
of $30. 00 on or before March 1, 2008.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on or before
March 1, 2008.
17
16
I
February I, 2008
18
26. Case # PR 1295 - BCC vs. Pattev Fleminl!
The Hearing was requested by Collier County Park Ranger Mauricio Araquistain. Park
Ranger Carol Buckler appeared on his behalf.
The Respondent was not present.
Violation(s): Ord. Sec. 130-66
Parking in an unlawful area. Failure to properly affix beach parking
permit sticker.
Violation Address: Clam Pass parking lot
The Investigator stated the Respondent had requested a Continuance which was denied.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a Citation fee in the amount
of $30.00 on or before March 1, 2008.
Operational Costs were waived.
28. Case # PR 1440 - BCC vs. Gary D. Fincher
The Hearing was requested by Collier County Park Ranger Carol Buckler who was present.
The Respondent was not present.
Violation(s): Ord. Sec. 130-66
Parking in an unlawful area. Failure to display paid parking receipt.
Violation Address: South Marco Beach parking lot
Investigator Dantini stated the Notice of Hearing had been sent to the Respondent, via
certified mail, on January 19, 2008.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay a Citation fee in the amount
of $30. 00 on or before March 1, 2008.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $50. 00 on or before
March 1, 2008.
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
8. Case # 2007020557 - BCC vs. Sandra S. Combs Tr.. Carol R. Smith
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini and Code Enforcement Investigator Thomas Keegan.
The Respondent was not present.
Violation(s): Ord. 04-58, Sec. 6, Sub sees. 12B, 12C and 121
Minimum housing
Violation address: 2348 Jackson Avenue, Naples, FL 34112
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February 1, 2008
Supervisor Dantini stated the violations had been abated.
The County requested imposition of Operational Costs only in the amount of $216.92.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
VII. OLD BUSINESS -None
VIII. CONSENT AGENDA - None
IX. REPORTS - None
X. NEXT MEETING DATE - February 15, 2008
*****
There being no fnrther business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 2:55 PM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
Q)^Q -~&rQt- -
S cml Magistrate, da Garretson
These Minutes wen;.-approved by the Special Magistrate on
as presented v, or as amended .
~'o\1)~ 15. :k>og
\
19
C~l'r:r~
~,' ('
161 1B ;)-
February 8, 2008
.<.1
COLLIER COUNTY GOVERNMENT
CITY OF NAPLES GOVERNMENT
EAST NAPLES FIRE CONTROL & RESCUI}~JSlRIC!t-.-,v)~
Naples, Florida Halas :r. '(ff.-------
F b 8 2008 Hennlllg '-r;--
e ruary , g~~~a ~~~=
Public Meeting to discuss the Interlocal Service Boundary
Agreement relative to the proposed annexation of the Hole In The
Wall Golf Club by the City of Naples, pursuant to Chapter 171,
Florida Statutes on February 8, 2008, at 10:00 a.m., County Attorney
Office, Collier County Government Center, Naples, Florida.
In Attendance:
James Mudd, County Manager
Leo Ochs, Assistant Collier County Manager
Michael Sheffield, Assistant to the County Manager
Jeffrey Klatzkow, Chief Assistant County Attorney
Laura Donaldson, Attorney-E. Naples Fire District
Michael Brown, Fire Chief in North Naples
Dan Rodriguez, Solid Waste Director
Misc. CoIfeS:
Date: 3.' \ .~
Item.J.~L~.h-
Page 1
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February 8, 2008
MR. MUDD: This is February 8th. It's 10:00. This has been an
announced meeting and advertised to discuss the interlocal service
boundary agreement relative to the proposed annexation of the Hole in
the Wall Golf Club by the City of Naples pursuant to Chapter 171 of
the Florida statutes.
We had met about a month ago as a group. And, by the way, we
did invite the City of Naples to all of our meetings so far. And, as I
can see, in looking, I do not believe I see a representative for the City
of Naples at this table.
I will say that Chief Brown is here and Laura Donaldson is here
representing North Naples Fire and Rescue District in these
proceedings.
The last time we met we talked about issues that we had with the
Hole in the Wall annexation as far as how that annexation would
change particular circumstances in the county. And we basically went
to -- went through things to talk about, well, what are the traffic --
increased traffic concerns on Goodlette-Frank from it? What's the
stormwater management and drainage on Goodlette-Frank Road?
Commercial recycling was an issue, garbage collection, fire and
emergency services was a particular issue. And then the enclave, with
Royal Poinciana, I believe. And that was brought to the forefront by
Mr. Passidomo, who was the attorney for the Hole in the Wall
community.
So we talked about those particular issues. We dialogued those
and then we basically said, okay, the county attorney's office,
represented by Jeff Klatzkow, and Laura Donaldson will get together
and, on those particular issues, work to draft an interlocal service
boundary agreement.
I believe at this juncture everybody has that in front of them
today.
Am I correct?
MR. BROWN: Correct.
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February 8, 2008
MR. MUDD: So, without further ado, let's get into this interlocal
service agreement and go page by page to make sure anybody has got
any changes, which I hope they don't, because I believe it's been
through staff, and staffing and folks at -- if they had concerns, they
basically let folks know.
Do you want to do that, Jeff?
MR. KLATZKOW: One approach, Jim, is just -- again, we've
clearly vetted this and talked to each one of your staff members and
got back confirmation that they were satisfied with the product. I
believe that you are satisfied with the product.
Unless anybody has any questions, I think we have a final draft
agreement for the city to review, ultimately.
MR. MUDD: Okay.
MR. BROWN: Now is the appropriate time to ask -- the statute
talks -- speaks to --
MR. OCHS: IdentifY yourself for the record.
MR. BROWN: My name is Mike Brown, Fire Chief in North
Naples.
I would like to ask Laura Donaldson to discuss some of the issues
with reference to the statute and how we move this process forward.
MS. DONALDSON: I think the language -- the agreement, I
think we have got a final version to get to the city. My question is, if
we're going to ask the county and the fire district to adopt this
agreement, are we going to remove the City of Naples? Because there
is the provision that says, if two of the participating local governments
adopt an agreement, then the non-participating agreement -- or
non-participating government has to abide by it.
And my question is, if we have the City of Naples as a party to
the agreement, it doesn't become effective until they sign it, do we
ever meet that requirement of having an agreement between the
parties? And I don't know if we want to just send this to them and
say, we are going to remove the City of Naples and then you're going
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February 8, 2008
to be bound by it, or how procedurally we're going to deal with it. I
think today we're going to say, we agree with the language in the
agreement. What do we do next?
MR. KLATZKOW: What would be your recommendation that
we do?
MS. DONALDSON: I mean, we can send it to the city and say,
this is the agreement that our governments are going to adopt without
you being included, and we're going to provide that you're going to
abide by it, even if you are not a party to the agreement, pursuant to
the section of the statute, and see how they respond.
MR. KLATZKOW: Do you want to give them a deadline?
MS. DONALDSON: I mean, we could give them a deadline.
But that pushes it back to when the county and the fire district would
adopt it. I just don't know, procedurally, how we're going to head
because I don't want us to -- we keep the city a party to this
agreement, then our agreement never becomes valid.
We could add a provision in it that says, if the county and the fire
district both execute, the agreement is effective, something like that, to
at least allow this agreement to become effective, even without the
City of Naples signing on to it.
MR. BROWN: You guys are the attorneys, but there is a part of
the statute that says we can agree to it.
MR. KLATZKOW: That's right. And it's binding on the city.
MR. BROWN: Why aren't we taking that position? Short ofthat,
I'm going to have to hold up my end of adopting it, when they have
been invited to the dance and they haven't shown up. Twice, I think,
you've sent them all of the appropriate documents. I just think we
move it forward and then the question will be, how do we enforce the
agreement, and probably --
MR. MUDD: The real question is, let's take it--
MR. BROWN: One piece at a time.
MR. MUDD: -- one piece at a time.
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February 8, 2008
Let's say the city is no longer on the signatory block or we
execute this without the city signature. In other words, the city
signature is unsigned and ours is signed. And after that is over and we
give them a 30-day period to consider and sign the particular
agreement, and if they don't choose to do so, then we come back and
amend our agreement and change the signature pages at the end that
basically says, or omits them based on their document. That's number
one.
And the reason I state that to you is, this thing is not going to
come into conflict, okay, until your four years is up.
MS. DONALDSON: I disagree with that.
MR. MUDD: You think you are going to fight on the premium
payments right off the bat?
MS. DONALDSON: I think, pursuant to this agreement, we
continue to collect ad valorem taxes, so we'll actually be levying the
tax against the property. What the city believes that they will be doing
is that they will be levying the tax and sending us a check. So we
were discussing this.
So for us our first issue would be this fall, potentially, dealing
with the ad valorem tax collection. Not the premium tax issue, but
actually who collects the ad valorem. Because, under the statute,
which is what the city is doing, our boundaries change October 1 and
we no longer levy ad valorem.
But I think, from the county's standpoint, I think the issue would
come up for the county much faster than it would for the fire district
because of the garbage and the -- I mean, those issues come up
immediately since they are no longer bound by the county's
requirements on it.
MR. MUDD: They aren't really not bound because they still
have to deal with our four-year contract with Waste Management. So
I guess what I'm saying to you is, that isn't the first thing that slaps up
into somebody's face. What I'm trying to do is figure out where the
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February 8, 2008
first domino is and who holds it.
What you basically told me is, it's going to come out. And who
is going to be able to allocate and send a TRIM notice and that kind of
business to the folks.
MS. DONALDSON: I mean, the recycling doesn't come up for
the county quickly, and the stormwater -- let's not -- they are not
developing that. It's all waste collection, so it is the fire district.
MR. BROWN: Well, when it comes up, we're going to send
them a notice shortly telling them -- basically discussing the
boundaries with them, just stating, in accordance with the agreement,
that the boundaries haven't changed. We'll send that to the property
appraiser's office.
So at some point within the next year we're going to have conflict
over who collects taxes.
MR. MUDD: Sometime in the next seven months.
MR. BROWN: Well, Laura says if it was on the tax rolls in
North Naples October 1st of'07, that basically, irregardless of when
after that they annexed it, it would come to us anyway this year.
MR. MUDD: Okay.
MR. BROWN: So it probably wouldn't present itself right away.
MS. POGAN: Because it's included.
MR. BROWN: Following October 1st.
MS. POGAN: Ifit doesn't leave our boundaries until October 1st
of2008, it's included in the TRIM notices that go out in June or July,
and in our assessed value for this 2008 year. So it's another year
before it becomes an issue.
MR. BROWN: Right.
MS. DONALDSON: So then the premium tax issue is the first
issue that comes up, and that happens October lIth of this year.
MR. MUDD: That's kind of what I was kicking in my mind.
MR. KLATZKOW: This is a relationship issue. I think we
could probably take our names off the contract at this point in time,
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February 8, 2008
sign it and be done with it. But you have a working relationship with
the city over there. And if you deemed it best, you know, for your
day-to-day working relationship, to give them another 30 days --
MR. MUDD: I would give them another 30 days before we
basically scratch them off the list. This way, then it's clear. It's clear.
If there is going to be a 164 process that transpires, I think it's clear at
that juncture that everybody did what they said they were going to do
and it was basically very deliberate. Okay. Nobody tried to short
cheat anybody.
The first time we had a meeting, the response I got back was,
why didn't you tell me when it was so I could make it a better time for
us, okay, i.e, the City of Naples.
Well, we heard it. Good. We advertised it. We laid it on. This
time around I don't believe we got any of that kick-back from them at
all. They are just not here. And I'm not saying they couldn't send
some attorney or whatever, or some other staff.
So I think this gives them and protects us enough so that we've
gone the extra step --
MR. BROWN: Okay.
MR. MUDD: -- to at least open up and say, here is where we're
at, here is what we've got. And then, based on that response, we
change -- we change the signatories in the back. So, can we wait?
MR. BROWN: Is that -- would that, and us moving forward,
should we get the commission to adopt it?
MR. MUDD: What I would suggest is, yes, that we take these
signatories and make sure that the signature pages are all separate and
distinct. Right now, all three are in one page. Okay? You've got
Commissioner Henning, then the mayor and then you. And, in this
particular case, as you move it forward, this is the agreement, okay,
we've got our agreement. And then, if the City of Naples decides they
don't want to play, they don't sign their piece of the agreement. And
then you've got your signatory pages and whatnot, and then you go
Page 7
161l8f)-
February 8, 2008
back to your boards and say, okay, we've taken them out of the
agreement and whatnot.
MR. KLATZKOW: That's fine.
MR. BROWN: Laura?
MS. DONALDSON: I think that's fine. Or the other option was
to have a provision that says, if it's not signed within 30 days by the
city --
MR. KLATZKOW: I'll tell you what, we can just keep our
names on one page and put the city's on the next.
MR. MUDD: That works.
MS. DONALDSON: My concern is that the beginning of the
contract would change because the agreement is not between the city.
And we would need to have a provision that states that, pursuant to the
section of the statute, if they don't sign within 30 days of our boards
approving it, then they are bound by it, regardless of them being a
signatory to the contract.
MR. MUDD: Yes.
MR. KLATZKOW: I can do that.
MS. DONALDSON: I think that's a little bit --
MR. MUDD: Sure.
MS. DONALDSON: Gives us more protection going forward,
because then we're clearly saying, this is the section.
MR. BROWN: I just want to make sure that we do it right,
because when this ends up in some court, I want to make sure that we
didn't screw up procedurally.
MR. KLATZKOW: Oh, we've given the city ample opportunity.
MR. BROWN: I know. I just want to make sure it's done in
accordance with the statute. That's all.
MS. DONALDSON: And I do have a question on whether or not
at this point we should move forward with basically filing an action
against the city for not negotiating in good faith under the statute. We
also have that one requirement that says, if they adopt a responding
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February 8, 2008
resolution, which they did, then they have to negotiate in good faith
within 60 days, and I believe the 60 days has now lapsed, because you
adopted the agreement in December. So it should be --
MR. KLATZKOW: Another approach would be for the two of
us to enter into this agreement and then bring in an administrative
procedure, Chapter 164 procedure, seeking to enforce this on them, or,
in the alternative, that the city come and negotiate.
MS. DONALDSON: Okay.
MR. KLATZKOW: That's a second approach. This way the
Court has an out rather than having to make a decision, that we could
just go to the city, come on, just sit down and work this out.
MR. MUDD: I would prefer the latter versus the first part. The
ultimate thing here is to get everybody to sit down at the table and get
this thing resolved, okay, and make sure that all the citizens and all the
concerns of governments and everybody else that provides services
and future services to this particular community, that we've thought
about everything. We've dotted every I, we've crossed every T, and,
to the best that we can, come up with an agreement to make sure
we've provided the best service we can for the community. And that's
the bottom line.
And, in this particular regard, it's as if, you know, the attorney for
Hole in the Wall basically said, in the city forum, that he cannot
guarantee that they won't develop that land that is developable in the
particular golf course community, you know. And the city council
just kind of let that one go by. What do you mean, you let it go by?
There are issues there, and especially when that community
comes out onto a county road. That's a big issue for me. Especially
when that community is also in one of the -- in one of the watersheds
that I have and that I'm having the most significant problems with as
far as flooding is concerned.
I know it's hard to think about it now during dry season, but,
when it's raining, it's huge. I mean, I've got pictures where there is
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February 8, 2008
water across Goodlette-Frank Road and Golden Gate Parkway, right
there by the bank, okay? It's a huge area. And it drains from Pine
Ridge down.
And so -- and we don't have all the retention and things that we
need in order to purifY that stormwater before it goes into the
headwaters of the Gordon River.
So I would have thought that that, in and of itself, with the city
sitting there saying, Naples Bay restoration is the number one priority
that they have got in their community, that they would be all over this,
trying to get involved and making sure it is done right. But the
opposite has been true.
So I think we try to force them to sit down at the table and
negotiate. If anything, our position is quite clear. It's now on a piece
of paper. I would tell you that nine-tenths of the things on those
pieces of paper, ifMr. Pritt and the City Manager were here right now,
they could agree to and move out. And the only controversial issue
would be with fire.
And I believe there is precedent in a previous interlocal
agreement where they laid that out and it was worked out to
everybody's satisfaction and for the Commerce Park -- excuse me.
How does it go?
MS. DONALDSON: Park of Commerce.
MR. MUDD: Collier Park of Commerce. I knew I could get it
out sooner or later.
So I would suggest that we send it to them, that you add the
stipulation in here that says you have 30 days. If you don't, then it
reverts to a two-party agreement versus a three-party agreement. And
then, once we have that action, we meet again. It could be attorney to
attorney meet again or something smaller. It doesn't necessarily have
to be announced. It could be, I don't care, where we sit down and say,
okay, now we're going to initiate 164.
MR. BROWN: Our concerns are very similar to yours, and that's
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February '8,2008
that the growth of that area, the building of that area, what provisions,
service provisions it would require and our ability to pride those
services. And those are concerns that we need to talk about at the
table.
So, short of them coming and having those discussions, we're
kind of left out in the open on this one. And that concerns the fire
services. It's not only it's where we build stations, it's buying fire
equipment and it's staffing those stations. We have that. We have the
emergency medical services, ALS and engine program. There are a
number of issues that come into play here that haven't been discussed,
other than the county and fire district. So that's a concern of ours as
well.
MR. OCHS: Question: Are you proposing we give them 30
days in which to sign this agreement or 30 days in which to indicate
they are -- they are now interested in negotiating?
MR. MUDD: No. We're sending them this agreement and
saying, here is the agreement to sign. Okay? We're going to take your
agreement to your board, I'm going to take this agreement to our
board. The piece in there goes to the City of Naples and says, here it
IS.
Now, if, at any time during that period of time the City of Naples
comes up and says, we want to talk about this, then we'll initiate
another meeting. Okay? That's fine.
MR. OCHS: And why would we do that?
MR. MUDD: Why would we do that? So that we don't have to
go into a 164 action, because that's going to have some expense to it.
You are going to pay your attorney. We're going to have attorney fees
and other time and filing and everything else. Before we go into that,
the real key is, what's the issue? We really want them to sit down at
the table and talk about this based on 171, I call it Phase II, of the
Florida statutes.
MS. DONALDSON: I think it's basically we are giving them
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one more chance in order to avoid potentially going into litigation.
Although we're quite fine with the agreement, we know, you know,
the city might have a question or two about the fire district remaining
the services provider indefinitely.
MR. OCHS: So why would we take these agreements to our
elected officials for signature if the window was still open for further
negotiation of the contract.
MS. DONALDSON: I think we need to a contract that becomes
effective.
MR. OCHS: When?
MS. DONALDSON: I would say as soon as possible, because
then we could potentially argue that the city is bound by the effective
agreement. And we can't argue the subsection until we have an
agreement that is signed by -- that's valid. If it's just kind of open, we
can't say, you're bound by it because we don't have an executed
contract.
MR. KLATZKOW: Let me get some clarity, because I
understand where Leo is coming from.
There are two approaches. We give them 30 days' notice. We
don't hear from them. I think we convert this into a two-party
agreement and we go to our respective boards, or I put in a clause here
saying, if you don't sign this agreement or otherwise contact us by a
certain date, the agreement will become effective as a two-party.
MR. OCHS: I'm just saying, procedurally, if we give them 30
days to open up further negotiations and in that 30 days we go to our
boards and get them to chomp on this agreement, then it changes, Jim,
then we are back in 30 days again with a new agreement.
MR. KLATZKOW: I actually agree with your approach.
So we give them 30 days. If we don't hear from them at that
point in time, I'll convert this into a two-party agreement and we'll go
to our respective boards.
MR. OCHS: Are you okay?
Page 12
161 1B ;}
February 8, 2008
MR. BROWN: I think it's a waste of time. I'll go along with it
because it's the right thing to do.
MR. MUDD: Chief, I don't disagree with your comment. I'm of
the same mind. What we're basically doing is we're making sure that
we have not -- that they cannot come back and say that we didn't give
them --
MR. BROWN: Okay.
MR. MUDD: -- an option, that they were totally not knowing--
they didn't know what this agreement said. All of a sudden it showed
up, you know. We have been in negotiations with their attorneys
before and if there is an excuse, they will find it.
MR. BROWN: Time is not of the essence?
MS. DONALDSON: No.
MR. BROWN: It isn't, based on the statute.
MS. DONALDSON: The one deadline was the 60 days. And
then our only other time line is the six months, which could be
extended. But clearly we're not close to the six months. An additional
30 days will not --
MR. KLATZKOW: Let me put the clause in, we'll send them
this agreement giving them 30 days to respond, and, if they do not
respond, this will then be converted into a two-party agreement.
MS. DONALDSON: Since we have to negotiate in good faith,
it's just one more step that we've taken in good faith.
MR. OCHS: How will that communication be made to the city?
Is it a correspondence jointly signed by the attorneys or --
MR. KLATZKOW: I think it should come from your office, Jim.
Once you start getting attorneys involved, things escalate.
MR. MUDD: Mike, let's draft a transmittal letter --
MR. KLATZKOW: Keep it friendly.
MR. MUDD: Keep it friendly. This will make sure it covers all
of the legalese that we need to cover and then we'll get it sent out.
MS. DONALDSON: Send it by certified mail, please.
Page 13
16i 1B d-
February 8, 2008
MR. MUDD: Absolutely. There is nothing that doesn't go by
certified mail anymore.
MR. BROWN: So we're going to back off of taking this to the
board right at this moment?
MR. MUDD: We're going to give them 30 days.
MR. OCHS: And advise them in the transmittal letter that, at the
conclusion of that 30 days, that if they have given no indication that
they want to engage, that this document will be converted to a
two-party agreement and we'll take it to our respective boards, and
we're basically done.
MR. KLATZKOW: No, we're not done, because, at that point in
time, when they ignore us, you have got your Chapter 164. And at
that point in time, I think what's going to happen, in all likelihood, is,
eventually the city will agree to negotiate. Why not? It's just foolish
not to.
MR. BROWN: Chapter 164, when they ignore the fact that we
have an agreement, what will trigger us going into that type of
negotiation, proceedings?
MR. KLATZKOW: The trigger is, under the statute, if the city is
not going to adhere to the agreement we have, we have to start a 164.
At that point in time, the city has a choice of either continuing not to
participate, in which case we'll have to convert that into a circuit court
action, or they will sit down and negotiate.
MR. BROWN: Again, what would trigger us knowing that they
are not going to adhere to this agreement?
MR. KLATZKOW: I guess eventually, since your issue comes
first, you'll be sending them a letter and then they will either respond
or they won't respond.
MR. BROWN: Can we do that?
MS. DONALDSON: We can do that. We can do that. The
district will have the issue with the city. And under 164 --
MR. MUDD: Once the agreement is signed and we're in
Page 14
161 IBg-
February 8, 2008
agreement, then you can move like crazy on it. It's just, how do we go
about getting the signature, is what we're basically going through right
now, to make sure that we've used the abundance of caution and make
sure that everybody has had the opportunity and nobody -- and the
reason that we don't have a participant or we don't have a signature is
because they have made a deliberate decision on their part not to
participate and not to sign. And that's okay. That's what you got to
have. There is no more excuse card. That's what you are trying to
prevent from happening, because that's just more delay later on.
Once you hit 164 and the judge says, you guys, I'm forcing you
into mediation -- arbitration, mediation --
MR. KLATZKOW: Mediation.
MR. MUDD: Whatever you want to call it, once you are in the
middle of mediation on 164, it's about as ugly as you can get. Okay?
What will happen is, you'll sit there with your attorneys on one side.
I'll sit with my attorneys on one side, with the county, and in this case
we'll be together. And then they will be across the table with their
attorneys. And we'll sit there and try to negotiate something without
the board's meeting, okay, because the ultimate -- in 164 the boards
have to meet and discuss the issue. Okay? And that gets very, very
interesting.
And I've only done one of these. Okay? And we pretty much
had it all worked out prior to them meeting at the Hilton, when it was
the South Florida Water Management District. The entire governing
board and the entire Board of County Commissioners had to meet.
MR. BROWN: Oh, yes.
MR. MUDD: Oh, yes. And it was a dog and pony like you've
never seen before. Your entire board, our entire board, their entire
council all meet, staff. It is a zoo. And what they are looking for at
that juncture is cover because they don't want to look stupid. Because
if they look stupid, it comes out in the paper, and that's the whole
thing.
Page 15
16 i 1 B;L
February 8, 2008
They will acquiesce before we get that filed because they come
across as very arrogant as far as this is concerned. They have taken
one approach. They have listened to their attorneys. Since we don't
have to do this, good-bye and I'm out of here. And they don't even
return a phone call or talk about it.
MR. BROWN: This is a very important issue, but, more
importantly, if they can get away with doing what they are trying to
do here with the Hole in the Wall, the next time we've got an issue
with Pelican Bay, they can do the same thing in Pelican Bay, which is,
obviously, larger and more significant. So finding a hole -- a loophole
here, from their standpoint --
MR. KLATZKOW: Has statewide implication.
MR. MUDD: This is first out and this is a bad place to have the
precedent start. But we're here. This is a relatively minor issue, let's
get it resolved, because there is legal precedent involved in this, big
time.
MS. DONALDSON: My only other issue is, how do we deal
with the good faith issue? I know that was something that Mr. Pritt
had told the city council a year ago, dealing with Collier Park of
Commerce, that potentially the county and the fire district could, you
know, seek action, because they adopted a resolution that they failed
to negotiate in good faith, which is one of the requirements of the
statute.
Do we pursue that at this point or maybe at the 30 days?
Because I think that's something that the statute is very clear as a
requirement. You have to meet and you have to negotiate in good
faith.
MR. MUDD: That's why we're giving them an extra 30 days,
because you're going to have to pass that test. And we're going to
have to show we've done everything we could to lay it out and extend
our hands and sit down and make sure that we could negotiate, and
they chose not to play.
Page 16
161 18;)-
February 8, 2008
MS. DONALDSON: So I think, with the chapter -- if we end up
going to the Chapter 164 that would be one of the issues as well.
MR. KLATZKOW: I agree.
MS. DONALDSON: The failure not to negotiate in good faith.
MR. KLATZKOW: I think we try to jam it down their throats.
And our fall-back position is all we ever wanted to do was sit down
with them and they are the ones that won't sit down.
MR. MUDD: That's it.
MR. KLATZKOW: I think we look very good on this.
MR. MUDD: I think, as far as that test is concerned, I don't think
they -- I told you how it comes up. They come across very arrogant,
as if they have no problem. They have better things to do here. I
didn't initiate that conversation, they did.
The bigger piece here -- and let me make sure we couch this
right. The bigger piece here is, Chief, you've got to provide service to
the district in the boundaries that you've got. Okay? You've got all of
these interlocal agreements with different folks for mutual aid. Okay?
You know, from -- if I was sitting in your shoes, okay, providing the
service that you do, and all of a sudden they start gobbling up
communities in your district, okay, and then they don't add any fire
trucks to their district and they don't provide any additional equipment
to their district, and then they have a fire and you are called, and
you're always the first one on station, something is wrong. Something
is wrong. Something is wrong for the community in which people are
supposedly providing service.
And your issue then is, how do you adjust your assets to provide
service now to your other part of your district? And some parts of
your district are still growing. And how do you move your particular
equipment, your stations, your personnel around, in order to provide
that optimal service to the district in which you have a responsibility,
when you are always looking behind you, okay, because somebody
didn't pick the ball up like they should have? That's my whole issue
Page 17
16\ lB:;-
February 8, 2008
with annexation. Not only in your particular case -- I use you as an
example -- but in the county's particular case.
It was my argument with Pelican Bay. If you are going to take
on the particular responsibility, take it on completely. Do not tell me
as a county that I'm still going to provide your water and sewer, that
I'm going to provide your garbage, that I'm going to provide your
reclaimed water. You are big boys. You are choosing how you want
to govern and how you want services. Take it. It's yours. Bye. And I
will move out and look someplace else in the county and put my
attentions there.
But I cannot keep looking behind me, okay, at the same time that
I'm trying to project and plan for the future. Because they are playing
games.
They want everything but they want no responsibilities. And the
problem is, when you don't have accountability, okay, people get hurt.
Okay? Things happen. People could die. Okay? Because then there's
this: Oh, it's their fault. No, it's their responsibility. No, they were
supposed to do it. And something falls through the cracks, but then
somebody gets hurt. And that's what we don't want to have happen in
this community.
We want to make sure that the people that are accountable are
held accountable and that they have taken proper steps to provide the
services that they said they were going to provide. Okay? And I can't
tell you for one bit if the city is taking on any additional requirements,
adding additional equipment, personnel, whatever, in order to take on
that new responsibility.
My guess is nothing is going to change. They are going to try to
get it done on the edges. And I think that's bad precedent and it's a
bad way to do things. And they are going to have to do their business.
And it's very difficult. And I think CPOC was one of those places
where we really got into it and we talked about their responsibilities.
And oh, by the way, when we itemized those responsibilities and
Page 18
161
18 J-
February 8, 2008
told them what they were accountable for, they didn't like it very
much. Okay? Let's be honest. They didn't like it worth a darn,
because they thought this was going to be a free lunch. It's not a free
lunch. They are taking on additional responsibilities. They are
shouldering that responsibility and they should be accountable for
same, and yet, I don't see it.
MS. DONALDSON: And I think, with the fire district, and an
additional issue, in addition to the -- their fault, their fault, is, when
they depend on the fire district to provide service, we're expending our
citizens' monies to provide service to residents who do not live in the
district and basically the district citizens are subsidizing service to the
City of Naples. And I think that's an issue.
MR. BROWN: I couldn't have said it better. You know, from a
fire/rescue perspective, you kind of take the global approach. But, at
the same time, when you're trying to plan for the future, it's difficult to
plan for the future when they are gobbling up behind you. If they are
going to gobble up, they at least need to come to the table and discuss
how they are going to proceed, for all of the reasons that you just
mentioned, how you move personnel, stations, equipment. You have
to plan for the future and not for what's behind you.
And I think you've said it right. That's the reason why I'm
concerned that they are not sitting and negotiating with us, or
discussing the future, you know. And I think that's important, so --
MR. MUDD: Okay. Public comment.
Is there anyone here that wants to talk about public comment?
No public comments.
This meeting is adjourned.
(Meeting adjourned at 10:45 a.m.)
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICE, INC. BY ELIZABETH
M. BROOKS, RPR
Page 19
17A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oftice. The completed routing slip and original
documents are to be forwarded to the Board Ofiice only after the Board has taken aclion 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
exec tion of the Chairman's si ature, draw a line throu h routin lines #1 thrall #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
L
.3113 DK
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bce Chainnan'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 by the BCC
Type of Document
Attached
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
I
Yes
(Initial)
N/A (Not
A licable)
6. Minutes and Records
Clerk of Court's Office
~
.~
...-
I
J
Number of Original
Documents Attached
1: Fonnsl County Fanus! Bee Fonusf Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Phone Number
Agenda Item Number
L
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office 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 ossibly 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 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 BCC's actions are nullified. Be awar of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporat d i the attached document. The
Count Attorne 's Office has reviewed the chan es, if a lieable.
2.
3.
4.
5.
6.
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
17A
~ I '
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.Serv./Planning Person: John-David Moss, AICP Date:
r
Petition No. (If none, give brief description): VA-AR.2007-12629, Camellia Avenue Variance
Petitioner: (Name & Address): Sara De La Rosa, 1201 Camellia Ave., Immokalee, FL 34143
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC
BZA
Other
Requested Hearing date:
March II 2008
Based on advertisement appearing I S days before hearing.
Newspaper(s) to be used: (Complete only if impnrtant):
xxx Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: V A-2007-AR~ 12629. Sara De La Rosa is
requesting an afterwthe-fact Variance of 2.3 feet to pennit the encroachment of a single-family dwelling into the required 3{)"foot
front yard setback area of the Residential Single Family (RSF-3) Zoning District. The O.36-acre subject property is located at
1201 Camellia Avenue, Lot 24, Block C of the Immokalee Highland Subdivision, in Section 33, Township 46, Range 29, of
Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Docs Petition Fee include advertising cost? Yes
131-138326-649100
No Ii Yes, what account should be charged for advertising costs:
Reviewed by:
~'fi1. ~ q/~/oe
Department Head Date
Approved by:
County Manager
Date
List Attachments:
DISTRffiUTION INSTRUCTIONS
A. For hearinp before Bee or BZA: [nltiating person to complete one copy and obtain Division Head approVlI
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
Managerfs office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk1s Offi~e
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:~ Date AdVerlised:#<t
,
RESOLUTION- 08-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLffiR COUNTY, FLORIDA, RELATING TO PEITITON
NUMBER VA-2007-AR-12629, FOR AN AFfER-THE-FACT
2.3 FOOT VARIANCE TO PERMIT TIlE ENCROACHMENT
OF A SINGLE-FAMILY DWELLING INTO TIlE REQUIRED
30-FOOT FRONT YARD SETBACK ON PROPERTY
LOCATED AT 1201 CAMELLIA AVENUE HEREINAFfER
DESCRIBED IN COLLffiR COUNTY, FLORIDA.
17A
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 (IDC)
(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 Collier County Board of Zoning Appeals has held a puhlic hearing after
notice as in said regulations made and provided, and has considered the advisability of an after-
the-fact 2.3 foot variance to permit the encroachment of a single-family dwelling into the
required 30-foot front yard sethack, as shown on the attached plot plan, Exhibit "A", in the
RSF-3 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, TIIEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLffiR COUNTY, FLORIDA that
The Petition Number V A-2007-AR-12629 filed by Sara De La Rosa with respect to the
property hereinafter described as:
Lot 24, Block C, hnmokalee Highlands Subdivision, according to the plat thereof
in Plat Book 7, Page I, Public Records of Collier County, Florida
Folio No. 51242280006
be and the same hereby is approved for an after-the-fact 2.3 foot variance to pennit the
encroachment of a single-family dwelling into the required 30-foot front yard setback, as shown
on the attached plot plan, Exhibit "A", in the zoning district wherein said property is located.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2007-AR-12629 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this _ day of
17A
,2008.
A TrEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COllIER COUNTY, FLORIDA
By:
By:
TOM HENNING, CHAIRMAN
,Deputy Clerk
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PROFESSicJNAL StIR~. .UAPPDl
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STAfF OF'R.ORIIJA
THE SlIR~y SHOWN HEREON IS NOr VALID rtlTHOUT THE SlGHATIH
ORIGINAL RAISED Sl:AL OF A flORlOA SUR\oE"l"M AND IIAJf1PER .
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SURVEYORS NOTES:
I-OWNCRSHlP IS SUBJECT 10 OPINION OF nTLE
2-EXAMINATION OF THE ABSTRACT OF rrru: WILL BE
It.ol~ 10 SF: //ADE 10 OF:rERMINE RECORDED
INSTRUMENTS. IF ANY, AFFfCnNG THIS PRDPUfTY
J-NO UNDERGROUNO IMPROVEJ,fOOs WERe L0C41FO
4-EJ..E:VATIONS ARE RUERE:N(.,i..;} 10 THE NATIONAL GroOF:T7C
~RT1CAL DATUM OF 1929.
5-THCRE ~y SF: ADDITIONAL RESTRlCnONS NOT SHOWN
IN 1HIS SURVEY THAT ~Y BE FOUNO IN PU8UC
RECORDS OF COWCR COUNTY
6-LEG.4/. DESCRIPTION PROVIDED BY CUENT.
7-UNLESS OTHERWISE NOTED RECORDED AND MeASURED
DATA ARE IN SUBSTANTIAL AGREEl/ENTS.
8-8F:FDRE ANY CONSTRUCTION THE SIT BltCKS
MUST SF: CHECKED.
9-FlOOD zONE..Q.. COMMUNITY No 120067
BASE fU\I: N/A PANEL OI50-G DA7F 11-17-05
10-LWJIUTY OF THIS SIJRVF:Y IS UMITE:O 10 THI: COST
OF THE SURVEY.
I L THIS SIJR\>EY IS IN7F:NOED FOR MORTGAGE OR
RUlHANCE PURPOSES ONLY, EXCWSfIIE1Y FOR THE
IJSE BY THOSE To' WHOM IT IS CERnAEO. THIS
SIJRVEY IS NOT 10 BE IJSEO FOR CONSTRIJCTION
PERMITTING. DESIGN OR OTHI:R IJSE WITHOIJT THI:
WRITTEN CONSENT OF THIS COMPANY.
12-8E:AR/NGS ARI: RUERENCED IJPON AN ASSUMED
MER/OWl, AND BASED ON THE CE:NTF:RUNE OF
NORTH 11th STRrrr (PER PLAT)
IJ-SOURCE OF EJ..E:VAnONS COLLIER COUN7Y
BENCHMARK I
14- DATE OF AELD WORK _LCL.2~=<!l
LEGAL DESCRIPTION:
LOT 24. 8LOCK C, IMMOKALEF: HIGHlANDS SUBDMSION,
ACCORDING 10 THE PLAT THEREOF. AS RECOROEO IN
PLAT BOOK 7. PAGE r. OF THE PUBLIC RECORDS OF
COWER COUNTY, FlORIOA.
PROPERTY ADDRESS
1201 CAMELLIA AVl:NUE IMMOKALE, Fl J4142
CERTIFIED TO:
SIIRo\ 01: LA ROSA
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C. PADRON SURVEYORS. INC.
i 7 PROFESSIONAL LAND SURVEYORS LB 7489
JOB: No 7147-B
4515-6 DEL PRADO BLVD SOUTH
CAPE CORAL. FLORIDA 33904
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17A
February 12,2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Petition V A-2007-AR-12629, Camellia Avenue Variance
Dear Legals:
Please advertise the above referenced petition on Sunday, February 24, 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.lAccount # 131-138326-649100
NOTICE OF PUBLIC HEARING
J?A
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, March 11,
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. The title of the
proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2007-AR-
12629, FOR AN AFTER-THE-FACT 2.3 FOOT VARIANCE TO PERMIT THE
ENCROACHMENT OF A SINGLE-FAMILY DWELLING INTO THE REQUIRED
30-FOOT FRONT YARD SETBACK ON PROPERTY LOCATED AT 1201
CAMELLIA AVENUE HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA.
VA-2007-AR-12629, Sara De La Rosa, requesting an after-the-fact
Variance of 2.3 feet to permit the encroachment of a single-family
dwelling into the required 30-foot front yard setback area of the
Residential Single Family (RSF-3) Zoning District. The 0.36-acre
subject property is located to 1201 Camellia Avenue, Lot 24, Block
C of the Immokalee Highland Subdivision, in Section 33, Township
46, Range 29, of 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.
If you are a person with 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 Tamiami Trail East, Building W, Naples, Florida
34112, (239)252-8380; Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
17A
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
I '. ('I
f~tyofCoUier
\:..-- " "
CLERK OF THE CIRCU1T COURT
COLLIER COUNTY d:OURT~OUSE
3301 TAMIAMT 1(R,AlL EA$T
P.O. BO~ 413044\
NAPLES, FLORIDA 1',tlOI-30~4
-..,
J~I
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
February 12,2008
Sara De La Rosa
1201 Camellia Ave.
Immokalee, FL 34143
RE: V A-2007-AR-12629, Camellia Avenue Variance
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, March 11, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 24, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Web site- www.c1erk.collier.t1.us
Fax- (239) 775-2755
Email-collierclerk(Qlclerk.collier.t1.us
Page 1 of 1
Martha S. Vergara
17A
From: Martha S. Vergara
Sent: Wednesday, February 13, 2008 8:51 AM
To: 'Iegals@naplesnews.com'
Subject: VA-2007-AR-12629, Camellia Avenue Variance
Attachments: V A-2007 -AR-12629.doc; V A-2007 -AR-12629.doc
Pam,
Here is another ad for yah!!
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
2/13/2008
Martha S. Vergara
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Wednesday, February 13, 2008 11 :18 AM
To: Martha S. Vergara
Subject: RE: VA-2007-AR-12629, Camellia Avenue Variance
OK
From: Martha 5, Vergara [mailto:Martha.Vergara@colliercierk.com]
Posted At: Wednesday, February 13, 2008 8:51 AM
Posted To: Legals - NDN
Conversation: VA-2007-AR-12629, Camellia Avenue Variance
Subject: VA-2007-AR-12629, Camellia Avenue Variance
Pam,
Here is another ad for yah!!
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
2/13/2008
Page 1 of 1
'6 '(-. (i ,'j
J~. ,~
Dwight E. Brock
Clerk of Courts
'-etmpty ofC:ollier
CLERK OF THE CI~CU~T COURT
COLLIER COUNTY q:OURT,?OUSE
3301 TAMIAMI 1\~[l EAST
P.O. BOt413044,
NAPLES, FlORlDA'l~101-30~4
..
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
l
February 12,2008
Sara De La Rosa
1201 Camellia Ave.
Immokalee, FL 34143
RE: V A-2007-AR-12629, Camellia Avenue Variance
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, March 11, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 24, 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.c1erk.collier.l1.us
Fax- (239) 775-2755
Email-collierclerk(ti)clerk.collier.l1.us
17 A
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, March 11,
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. The title of the
proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2007-AR-
12629, FOR AN AFTER-THE-FACT 2.3 FOOT VARIANCE TO PERMIT THE
ENCROACHMENT OF A SINGLE-FAMILY DWELLING INTO THE REQUIRED
30-FOOT FRONT YARD SETBACK ON PROPERTY LOCATED AT 1201
CAMELLIA AVENUE HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA.
VA-2007-AR-12629, Sara De La Rosa, requesting an after-the-fact
Variance of 2.3 feet to permit the encroachment of a single-family
dwelling into the required 30-foot front yard setback area of the
Residential Single Family (RSF-3) Zoning District. The 0.36-acre
subject property is located to 1201 Camellia Avenue, Lot 24, Block
C of the Immokalee Highland Subdivision, in Section 33, Township
46, Range 29, of 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.
If you are a person with 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 Tamiami Trail East, Building W, Naples, Florida
34112, (239)252-8380; Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
17 A
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
l?A
NAPLES DAILY NEWS
Published Daih
Naples. fL141112
Sworn to and subscribed before me
This 24".of February 20()8
NOf'l AU Pel'lON wlJh.
~n . to IP..k on any
a It m,must r 1,_
t , with t~1 county"ta.
~~
or
iVA~~t,i629.. ~" a
puiUc 'HlaNG' ...~, "au al..
~c. 'anli~fn~
~\J~~. ~':lcS~V,;c iiiU to .~"k on an
CommllJ~nerJ of Col- '
~~~I~O~m.~i~nh~~I~~ -1It1lJ wIShing l<> havI
if,)', March 11, 200 'In wr en or era, phlc ma"
~r:or~OA~~i~~.t o~ ",~,IIfl.; Incl ", d Intt;
Bullct1ne, C,o,llIer -County .ni" tUn
~,.r'{.'j.mf~..~,l!,I'r.I'J WII,ki,~ 10.',.10, tn. ....
Nlplll, Florldl, 'tii'e IPactIva P\lIII", hearing,.
.meellna will begin II ' .Wd I.~
:00 A.M: The title 01 the ' the 108rcI',
')fOP...d ....tJitlpn IS ",.au mlltl. to
u fOllows: """ the appropriate County
, staff . minimum of lev.
A RUOLUTlO'N OF THe: en days prior' 'to -the
BOARD OF ZONING Ap. Mt\cnearlng AU ma-
P E A L 5 0' CD L 1.1 E R terl. used In .presenm.
COU,NTY, ,FLO~. lions beto re thLeoard
LATINO TO' ' WIII'ACOri'll\l".'pll'trls'
NU".U VA.2 07.A. nel1l....Ofthlreoord,
12121 FOR A~ AFTI .
THE'.~, A, CT 2,,' ,FOO,T An~rson who dleld.
VARIANCE, TO. !'EIIMIT,.. :Joelslon
a:w'~fl ;~~;
fm:J$UX~~ !ti~~.o:J1tJ~' i;
1lI~ ft~ft"WIt'V~""O:~~Ud;rn; III-
-~d\r'''. ~~Ml1d~..I~~
II baud.
~,n",~a~rM~
any licomnwd~lonln
orcJ.~clpate ,In
:tlfJi~'O'S ~~
. ~irl'l/i.fe'Y~~j~:!
a~~ff.~~Mt!
rcw.t:..IJ.""a~~lt,'::I'
.dt~ I, \f,~:~,
R. il,.,
.
&t~st8t~oOm
COLLIER COUNTY,
9o~1~'\NNINQ, CHAIR.
m~lif f, nOOI,
By: Martha- Vergara.
rm'L~ Clerk .
F".24 No. 1'706181
Affidavit of Publication
State of Florida
County of Collier
Beforc the undersigned thcy sel\'e as thc authority, personally
appeared !:!,---LaIllQ. \\ho on oath says that thc)
sc" cas Ihe Assislanl Corporale Secreta" of the Naples Daily.
a daily nc\vspaper published at Naples, in Collier County,
Florida: dislributcd in Collier and Lee counties of Florida: that
the attached cop\' of the adycrtisin,u, bcing a
PlJBLlC~!\IQTICE:
in the malter of PUBLIC NOTICE
\\as publishcd in said Ilc\\spapcr I time in thc issllc
on February 2..J1h, 2008
\ITiant liu'lhl.'r S<l\S llwl th..: said I\'apks Dailv :\\O\\"s is a 11\O\\spap..:r
publish..:d at '\Japlt;'~ in said CoJli..:r Counly, Florida, and lhalllw said
n.:wspaper has h"rdo]of": be\On .:ontinuously published in said Collier
(,'unly. Flclrida: di,l:ihukJ in Collier and I,cc counli"s or Florida,
,~ad] da\' and has h..:..:n I.'nkrl.'d as se..:ond class mail malt,",r 31 the post
OIT]":e in "aples, in said Colli..:r County. Florida, tor a period of 1
y\Oar ne\.1 pn::<.:..:ding the lirst publi..:ation of the attal'hed cop:,>- of
adn~rtis\011l..:nt: and atliant lurther says that he has 11l.'ilh..:r paid nor
prnmis\Od anv p..:rsol1_ firm or corporation ,my discount reba\l'.
c('lTlnlission or f..:llllld J\lr the purpose ofse.:uring lhis adv<::rtis..:ment for
publi..:atioll in Ih\O said n<.:wspap<::L
,L ~---i--~-_.
( Signature of affiant)
~u('.k~ n~~_
(Signalu e of no .' pl;~)
..J:!':~X'J.t.~:',. JUDY JANr:S
t:.t t...t~ 9ommissiO~'DD 675029
o.;~(%_. expires May 16. 2011
"P.r.,;';",,' iJO:,deJ rhlli Tro, Fa'n 1~1~'ll~ce ~SIlJ.3B5-1019
FEI 5t)-157XTn
'11 7,:
J{ }"""
...-. ...
RESOLUTION- 08-~
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2007-AR-12629, FOR AN AFTER-THE-FACT
2.3 FOOT VARIANCE TO PERMIT THE ENCROACHMENT
OF A SINGLE-FAMILY DWELLING INTO THE REQUIRED
30-FOOT FRONT YARD SETBACK ON PROPERTY
LOCATED AT 1201 CAMELLIA AVENUE HEREINAFTER
DESCRffiED 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 Collier County 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 2.3 foot variance to permit the encroachment of a single-family dwelling into the
required 30-foot front yard setback, as shown on the attached plot plan, Exhibit "A", in the
RSF-3 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
The Petition Number VA-2007-AR-12629 filed by Sara De La Rosa with respect to the
property hereinafter described as:
Lot 24, Block C, Immokalee Highlands Subdivision, according to the plat thereof
in Plat Book 7, Page I, Public Records of Collier County, Florida
Folio No. 51242280006
be and the same hereby is approved for an after-the-fact 2.3 foot variance to permit the
encroachment of a single-family dwelling into the required 30-foot front yard setback, as shown
on the attached plot plan, Exhibit "A", in the zoning district wherein said property is located.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2007-AR-12629 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this
Ma-rcJ.
'\ -i
,2008.
:i~
A TT~ST:. (:
DWclOlfr E. BRQCK" CLERK
BOARD OF ZONING APPEALS
COLLIER C UNTY, ORillA
By:
TOM HENNIN ,CHAIRMA
w
unty Attorney
17A 11'
/ If:: day of
"
FOUNDATION SURVEY
SCALE t"= 30'
17 t1
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CAJtILLlA J.l'lNUI (60' R/If)
19.0 PAI'IIIBNT
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Exhibit A
/I) - /) - 0
nON
tBOt.€" 0€SCRJ8ED PROPCRTY IS TRUE
F: AS RECCNn r SUR~tf:O UNOCR AlY
'IS SVRt.€"Y MEETS THE M/NIMUU TECHNICAL
SSfONAL SUR\IE'l'tR5 AND MAPPERS IH
>E: PURSUANT TO SECTrON 472-027 OF THE
~ ON
PROFCSSIONAL NO SURVEYOR Ii UAPPER
CCRTlF1CA 7r No 6121
S1A TE" OF FLORIDA
THE SURVEY SHO'Mt/ HE:REON IS NOT VALID WITHOUT THE SIGNA. TVf
ORIGINAL RAISED SEAL OF It flORlDA SURVE:YOR AND MAPPER .