Backup Documents 05/13/2008 R
BCC
REGULAR
MEETING
BACK-UP
DOCUMENTS
MAY 13,2008
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
May 13, 2008
9:00 AM
Tom Henning, BCC Chairman Commissioner, District 3
Donna Fiala, BCC Vice- Chairman Commissioner, District 1; CRAB Chairman
Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman
Frank Halas, BCC Commissioner, District 2
Fred W. Coyle, BCC Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
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May 13, 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 LOCA TED 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 Bob Townsend, Mayflower Congregation
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 - 4/1 (Commissioner Coletta
opposed)
B. April 8, 2008 - BCC/Regular Meeting
Approved as Presented - 5/0
C. April 9, 2008 - BCC/County Attorney Applicant Interviews
Approved as Presented - 5/0
D. April 15, 2008 - BCC/Growth Management Plan Meeting
Approved as Presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
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May 13, 2008
A. Advisory Committee Service Awards
5-Year Recipients:
1) William Hughes - Environmental Advisory Council
Presented
2) Suzanne Bradach - Housing Finance Authority
Not present
10-Year Recipients:
3) Dr. Fay Biles - Water and Wastewater Authority
Presented
4. PROCLAMATIONS
A. Proclamation designating May 25, 2008 as National Missing Children's Day.
To be accepted by Amelia Vasquez and Maribel Slabaugh from the National
Center for Missing & Exploited Children/Collier County.
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
B. Proclamation recognizing May 4 - 10,2008 as Goodwill Industries Week.
To be accepted on behalf of Goodwill Industries of Southwest Florida by
President and CEO Tom Feurig, Vice President of Communications and
Development Carolyn Johnson, and Vice President of Retail Operations
Brian Itzkowitz.
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
C. Proclamation deSignating May 18 - May 24,2008 as National Association of
Insurance Women Week. To be accepted by Elizabeth M. Bellairs, AAI,
ACSR, CPIA, Client Advisor, Gulfshore Insurance, Inc.
Adopted w/agenda approval- 4/1 (Commissioner Coletta opposed)
D. Proclamation to recognize Current and Future Leaders. To be accepted by
Leomene Aime, Magdonald Aime, Mercedes Contreras, Adelene Exceus,
Jose Villegas Galvan, Wilta Grefin, Elizabeth Hernandez, Gilberto Martinez,
Jose Luis Martinez, Jr., and Johny Williamceau.
Adopted w/agenda approval- 4/1 (Commissioner Coletta opposed)
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May 13, 2008
E.
H.
I.
Add on
J.
Proclamation to recognize May 18-24, 2008 as Collier County Emergency
Medical Services Week. To be accepted by Collier County Bureau of
Emergency Services Director Dan Summers.
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
F.
Proclamation to recognize May 2008 as National Water Safety Month. To be
accepted by Recreation Supervisor-Sun N Fun Lagoon, Bradie Allen.
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
G.
Proclamation to recognize May 12-16, 2008 as National Transportation
Week. To be accepted by Transportation Services Division Administrator
Norman Feder, Transportation Engineering and Construction Management
Department Director Jay Ahmad, Traffic Operations Department Director
Bob Tipton, Alternative Transportation Department Director Diane Flagg,
Road Maintenance Interim Director John Vliet, Transportation Planning
Department Director Nick Casalanguida, and Associate Professor of
Environmental and Civil Engineering, V.A. Whitaker School of Engineering
Cynthia Orndoff.
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
Proclamation to r~cognize May 18, 2008 as Haitian Flag Day. To be
accepted by Ancelot Similien, Coordinator and Director of La Perle TV of
Collier County.
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
Proclamation to recognize May 2008 as Older Americans Month. To be
accepted by the employees of Housing and Human Services Department
Services for Seniors Marcy Krumbine, Director; Bonnie Fauls, Case
Manager Supervisor; Carlton Bronson, Case Manager; Debbi Maxon, Case
Manager; Kelly Robinson, Case Manager; Leslie Weinreb, Case Manager;
Terri Daniels, Accounting Supervisor; Dory Carillo, Accounting Technician.
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
Proclamation designating May 16,2008 as National Bike To Work Day and
the entire month of May, 2008, be designated as National Bike Month. To be
accepted by Nick Casalanguida, Director, Transportation Planning
Department; DaVid Buchheit, Community Traffic Safety Team Chairman;
Russ Muller, American's with Disabilities Coordinator; Jerry Kurtz, Naples
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May 13, 2008
Area Triathletes member; Joe Bonness, Pathways Advisory Committee
Chairman; Allan Ryker, Naples, Pathways Coalition. (Staffs request.)
Adopted w/agenda approval- 4/1 (Commissioner Coletta opposed)
5. PRESENTATIONS
A. Presentation to Sheriff Don Hunter and the Collier County Sheriffs Office
for completing the United States Immigration and Customs Enforcement
cross-training program to improve immigration enforcement in Florida. To
be presented by Senator Burt Saunders.
Presented
B. Presentation by Senator Saunders to William Lascheid, M.D., and Nancy
Lascheid, R.N.; for their outstanding public service in making quality
medical care available to uninsured, low-income adults in Collier County by
establishing an exemplary volunteer-based neighborhood health clinic,
coordinating its services, and serving as volunteers.
Presented
C. The Collier County Emergency Medical Services Department has adopted
the PHOENIX AWARD to recognize those EMS Paramedics EMTs,
Firefighters and Sheriffs Deputies, who through their skills and knowledge,
have successfully brought back to life individuals who had died.
Presented
D. Recommendation to recognize Eddie Chesser, Senior Equipment Operator,
Coastal Zone Management, as Employee of the Month for April 2008.
Presented
E. Presentation on the South Regional Library Construction Project by
Deangelis Diamond Construction, general contractor.
Presented
6. PUBLIC PETITIONS
A. Public petition request by Billy Summers to discuss a dog attack
investigation.
Discussed
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May 13, 2008
B. Public petition request by Clay Brooker to discuss a temporary Certificate of
Occupancy for the Naples Nissan building located at Pine Ridge
Road/Whippoorwill Lane.
Motion for staff to issue a Temporary CO withe following conditions:
A bond for the full project of the intersection improvements; a
completion date no later than July 15, 2008; if the project is not
completed by that date there will be a fine of a $1,000 a day for each day
of delay; bring back employees affected - Approved 5/0
Withdrawn
C. Public petition request by Lucille Acken to discuss an Occupational License
for Unit Band C in the Promenade Parkway Building.
D. Public petition request by Aisling Swift to discuss privacy buffer at New
Hope Ministries.
Motion to continue indefinitely - Approved 5/0
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item to be heard at 1 :00 p.m. This item continued from the April
22. 2008 BCC Meetinl!. Recommendation that the Board of County
Commissioners consider adopting an Ordinance amending the Collier
County Consolidated Impact Fee Ordinance, which is Chapter 74 of the
Collier County Code of Laws and Ordinances, by incorporating the directed
changes to the Charitable Organization Impact Fee Deferral Program.
Ordinance 2008-23 Adopted w/changes 4/1 (Commissioner Coletta
opposed)
B. This item was continued from the April 8. 2008 BCC meetinl!. This item
reQuires that all participants be sworn in and ex parte disclosure be
provided bv Commission members. PUDZ-A-2007-AR-II723: Amy
Turner and/or Tammy Turner Kipp, represented by D. Wayne Arnold,
AICP, Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich of
Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., request a
rezone from Planned Unit Development (PUD) to Community Facility
Planned Unit Development (CFPUD) for the Vanderbilt Trust 1989 PUD, to
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May 13, 2008
allow development of a maximum of 200 assisted living, continuing care
retirement community, nursing home, retirement community and/or
independent living facility units for persons over the age of 55, to be
developed at a 0.6 floor area ratio. The subject 7.8 acre property is located
on the north side of Vanderbilt Beach Road (CR 862), approximately 1/4
mile east of Livingston Road (CR 881) in Section 31, Township 48 South,
and Range 26 East, Collier County, Florida.
Ordinance 2008-24 Adopted 4/1 w/stipulations & CCPC
recommendations(Commissioner Halas opposed)
9. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to declare a vacancy on the Habitat Conservation Plan Ad
Hoc Committee.
Resolution 2008-141 Adopted 5/0
B. Appointment of member to the Collier County Code Enforcement Board.
Resolution 2008-142: Appointing Lionel L'Esperance - Adopted 5/0
C. Appointment of member to the Contractors Licensing Board.
Resolution 2008-143: Appointing Terry Jerulle - Adopted 5/0
D. Appointment of members to the Animal Services Advisory Board.
Resolution 2008-144: Reappointing W. Thomas Kepp, Appointing
James Rich and Ruth Eisele - Adopted 5/0
E. Appointment of member to the Vanderbilt Beach Beautification MSTU
Advisory Committee.
Resolution 2008-145: Appointing William Gonnering - Adopted 5/0
F. Appointment of members to the Emergency Medical Services Advisory
Council.
Resolution 2008-146: Appointing James N. Hampton and confirming
the appointment of Robert Metzger as the Fire Chiefs representative -
Adopted w/stipulation that Mr. Metzger becomes a Collier County
resident - 5/0
G. Discussion regarding advisory boards' functions, powers and duties.
(Commissioner Tom Henning)
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May 13, 2008
Chairman to write to the advisory boards to have them review their
functions, powers and duties and to adhere to them - Approved 5/0
H. Request for the Board of County Commissioners to consider joint
participation of the Collier County Public Safety Coordinating Council with
other Public Safety Coordinating Councils in Lee, Charlotte, Hendry and
Glades counties far the purpose of joint grant applications to address public
safety concerns such as jail overcrowding. (Commissioner Fred Coyle)
Approved 4/0 (Commissioner Halas absent)
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 4:00 p.m. A presentation to the Board of County
Commissioners regarding a conceptual plan to finance operating costs and
capacity recovery improvements on County roads having constraints due to
traffic signals serving non-public roadways and driveways by use of a user
fee for Convenience Signals. (Bob Tipton, Traffic Operations Director and
Norman Feder, Transportation Services Administrator)
Motion to reject any idea that taxpayers will pay for cost of traffic
signals outside of the Developer's Contribution Agreement (DCA) and
staff given direction. Approved 4/1 (Commissioner Halas opposed)
B. This item to be heard at 11 :00 a.m. Review the results from the recently
completed Vanderbilt Beach Recreational Pier public workshops and obtain
direction from the Board of County Commissioners on how to proceed.
(Gary McAlpin, Coastal Zone Management Director)
Motion to disapprove the proposed pier; staff to explore essential
service improvements w/public input; continue pursuing increase
carrying capacity for public access at Delnor Wiggins Pass Sate Park-
Approved 3/2 (Commissioner Halas and Commissioner Henning
opposed)
C. Recommend review and obtain approval of the recently completed proposed
Manatee Park Master Plan, obtain direction from the Board of County
Commission on how to proceed and approve a time and material, not-to-
exceed proposal to Corzo Castella Carballo Thompson Salman, P.A. (C3TS)
to develop a Design Criteria Package to be utilized for a design-build bid
package and solicitation. (Gary McAlpin, Coastal Zone Management
Director and Barry Williams, Parks and Recreation Director)
Approved w/deletion of the day care 4/1 (Commissioner Coyle opposed)
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May 13, 2008
D. This item to be heard at 10:30 a.m. Recommendation that the Board of
County Commissioners approve a request from I HOPE, Inc., and authorize
the disbursement of $ I 3,000.00 from the Marco Island Affordable Housing
Trust Fund, for payment of permitting and licensing fees related to the
installation of thirty six (36) FEMA trailers in the Immokalee area. (Marcy
Krumbine, Housing and Human Services Director)
Approved - 5/0
E. Recommendation for direction on the type, content and timing of reports the
Board of County Commissioners would like to receive from the Clerk of
Courts on the taxpayers investment portfolio. (John Yonkosky, Office of
Management and Budget Director)
Clerk to provide a quarterly report (currently available on Clerk's
website) via e-mail to the Commissioners
F. Authorization of a budget amendment which will establish appropriations to
pay the Clerk of Courts for the annual cost, incurred by the Clerk, associated
with the investing activity of the Boards investment portfolio. (John
Yonkosky, Office of Management and Budget Director)
Motion to approve $125,000 (investment manager salary mentioned at
March meeting) to the Clerk - Approved 5/0
G. Recommendation to award Bid #08-5035, Administration Building
(Building F) Generator Replacement to Southeastern Communication
Service, Inc., to provide for the replacement and installation of a new
generator for Building F on the Main Government Complex in the amount of
$1,226,635, provide for advanced approval of a 15% change order authority,
and authorize approval for the necessary budget amendments. (Damon
Gonzales, Facilities Management Manager)
Motion to approve with a 10% contingency - Approved 5/0
Moved from Item #16D9
H. Recommendation to approve and authorize the Chairman to sign a Florida
Fish and Wildlife Conservation Commission (FWC), Florida Boating
Improvement Program (FBIP) Grant Application for a Recreational Boating
Characterization Study to the Coastal Zone Management Department to be
awarded funds in the amount of$80,000.
Resolution 2008-147 Adopted w/staff direction 4/1 (Commissioner Halas
opposed)
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May 13, 2008
Moved from Item #16A14
I. Reconsideration of Item # 1 OG from the March 25, 2008 BCC Meeting with
reference to final approval of the roadway (private) and drainage
improvements for the final plat ofOlde Cypress Unit One (Olde Cypress
PUDlo (Commissioner Henning request)
Resolution 2008-148 Adopted 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Recommendation that the County Attorney develop and advertise an
ordinance that repeals and replaces Ordinance No. 74-7 with an ordinance
prohibiting camping in the unincorporated areas of Collier County. (Jeff
Klatzkow, County Attorney)
Motion for County Attorney to work with Sheriffs Department to
address the homeless issue - Approved 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mr. Mudd - Letter sent to Commissioner Fiala from a Brevard County
Commissioner looking for support to maintain the Space Program in
Florida; County Manager to bring researched item to next BCC
Meeting with a resolution.
B. Mr. Mudd - Collier County School Board Superintendent letter asking
for funds to be allocated from their capital fund to their operating fund
from ad valorum taxes as a referendum in August 2008
C. Mr. K1atzkow - Procedures in the County Attorney's Office regarding
agenda items & legal review & consideration
D. Commissioner Henning - Settlement Agreement w/Pebblebrooke: issues
may be settled with Stevie Tomatoes
E. Commissioner Henning - Challenge of Interpretation from an Attorney
regarding LDC Interpretation from Susan Istenes regarding setbacks
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May 13, 2008
from reserves. CAO will send letter in response & details of procedures
(June 25) possible date
F. Commissioner Fiala - Office Supplies from Corporate Express and
discounts not being given; Clerk's Office prepare report into the
amounts of money being spent and discounts not being given
G. Motion to adjourn - Approved 5/0
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and/or Adopted with changes - 4/1 (Commissioner Coletta opposed)
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the sewer utility
facility for Collier Seminole State Park.
W /release of any Utilities performance Security (UPS)
2) Recommendation to approve final acceptance of the water utility
facility for Sabal Bay Commercial Plat, Phase 3.
W /release of any Utilities performance Security (UPS)
3) To accept final and unconditional conveyance of the water utility
facility for Vanderbilt Beachcomber Resort 3.
W /release of any Utilities performance Security (UPS)
4) Recommendation to approve final acceptance of the water utility
facility for Fiddler's Creek, Phase 3 Unit 2 - Stages I and 2.
W /release of any Utilities performance Security (UPS)
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for Fiddler's Creek, Phase 2A Unit I.
W /release of any Utilities performance Security (UPS)
6) To accept final and unconditional conveyance of the water utility
facilities for Fiddler's Creek - Lake 88.
W /release of any Utilities performance Security (UPS)
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May 13, 2008
7) This item reQuires that ex parte disclosure be provided bv
Commission Members. Should a hearinl! be held on this item, all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Pelican Bay Unit Ten, Replat of
Sites 31 and 32.
Developer must receive a Certificate of Adequate Public Facilities
prior to the issuance of the construction plan final approval letter
8) This item reQuires that ex parte disclosure be provided bv
Commission Members. Should a hearinl! be held on this item, all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Firenze at Tuscany Reserve.
Developer must receive a Certificate of Adequate Public Facilities
prior to the issuance of the construction plan final approval letter
9) To accept final and unconditional conveyance of the water utility
facility for Lemuria.
W /release of any Utilities performance Security (UPS)
10) A request to increase the scope of work of the Collier County Inter-
Active Growth Model (CIAGM) to allow for the CIAGM's land use
modeling to be utilized by AIM Engineering & Surveying, Inc., the
consultants for the Transportation Division.
For the East of County Road 951 Infrastructure and Services
Horizon Study
11) Recommendation that the Board of County Commissioners approve a
second extension of the required time frame for fee payment
assistance and job creation for Salazar Machine and Steel,
Incorporated, an approved participant in the Fee Payment Assistance
Program and the Job Creation Investment Program; direct staff to
allocate $50,500 in funding for FY 2008 for this applicant; and
specify this as the final time extension for meeting the program
requirements.
If the requirements are not met for this final extension, the
applicant will be removed from the programs
12) This item reQuires that ex parte disclosure be provided bv
Commission members. Should a hearinl! be held on this item, all
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May 13, 2008
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Hatchers Preserve, approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
W /stipulations
13) Recommendation to accept a Proposed Settlement Agreement
providing for Compromise and Release of Lien in the Code
Enforcement Action entitled Collier County v. Ernestina Sacca, CEB
No. 2005-13, relating to property located at 2960 56th Avenue N.E.
Collier County, Florida.
The Respondent has paid 25% of lien value, the remaining
amount of $21,457.10 will be forgiven
Moved to Item #101
14) Reconsideration ofItem lOG from the March 25,2008 BCC Meeting
with reference to final approval of the roadway (private) and drainage
improvements for the final plat of Olde Cypress Unit One (Olde
Cypress PUDlo (Commissioner Henning request)
Moved from Item #17E
15) This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CUR-2008-A-
12955, Mining Venture, LLC., represented by R. Bruce Anderson of
Roetzel & Andress, is complying with condition number 3 of
Conditional Use Resolution 2007-274 for earth mining in the A-MHO
Agricultural zoning district, which requires a review of the
Conditional Use approval to determine whether additional stipulations
or mitigation are necessary. The subject property, consisting of2,576
acres, is located east of Immokalee Road (CR-846), approximately 2
miles north of Oil Well Road (CR-858) in Sections 35 & 36,
Township 47 South, Range 27 East, and all of Sections 1&2,
Township 48 South, Range 27 East, Less Road Right-of-Way for
County RO:ld 846, Collier County, Florida.
Resolution 2008-128
B. TRANSPORTATION SERVICES
1) Recommendation for the Board of County Commissioners to approve
a budget amendment to recognize additional revenue for the PUD
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May 13, 2008
Monitoring / Traffic Counts Project within the Transportation
Supported Gas Tax Fund (313) in the amount of $ 110,259.00 for
Project No. 691242.
To be used for future installation of permanent count stations
2) Recommendation to award RFP #08-5045, Annual Contract for
Roadway Contractors to the following contractors: Apac Southeast,
Inc.; Better Roads, Inc.; Gustafson Construction Corp.; David Barron
Land Development, Inc.; and; Quality Enterprises USA, Inc.
(estimated annual amount $1,750,000).
For work required to modify left and right turn lanes, modify
median openings, provide intersection improvements and to
construct sidewalks
3) Approve a FY 2008 budget amendment recognizing $25,000 in
insurance proceeds received in CAT Transit Fund (426) during FY
2007.
4) Recommendation that the Board of County Commissioners approve
the Landscape Maintenance Agreement between Collier County,
Florida and Artesia Naples Community Development District for
landscaping within the right-of-way on Barefoot Williams and Tower
Roads.
Long term maintenance will be the responsibility of Artesia
Naples CDD
5) Recommendation to approve Work Order #BC-FT-3773-08-08 to
Bonness, Inc. for the Forest Lakes MSTU Bond Project - Phase One
Drainage Swales using the Annual Contract for Roadway Contractors,
Contract No. 05-3773, in the amount of $237,554.95.
To repair and re-grade the Quail Run Swale and install culverts
6) Recommendation to adopt a Resolution by the Board of County
Commissioners of Collier County authorizing a speed limit increase
from forty-five miles per hour (45 mph) to fifty miles per hour (50
mph) on Immokalee Road for the eastbound section from Collier
Boulevard to one-half mile west of Wilson Boulevard and for the
westbound section from Wilson Boulevard to one-half mile east of
Collier Boulevard.
Resolution 2008-129
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May 13, 2008
7) Recommendation to Approve a Stipulated Final Judgment in the
Amount of$IO,200.00 for the Acquisition of Parcel I 48RDUE in the
Lawsuit Styled Collier County, Florida v. John Goddard, et aI., Case
No. 07-31 I I-CA (Oil Well Road Project #60044). Fiscal Impact:
$6,600.00)
Property located off Everglades Blvd
8) Recommendation for the Board of County Commissioners to approve
budget amendments to reallocate funding on projects within Capital
Road Funds. Project 60168 and 60091.
Funding is for the Santa Barbara Blvd Extension and Vanderbilt
Beach Road Extension projects
C. PUBLIC UTILITIES
1) Recommendation to reject proposals received under RFP 08-5038,
Automatic Meter Reading System.
The specifications provided for this RFP were too limited,
resulting in only 3 proposals being submitted
2) Recommendation to approve a Master Agreement for Demand Side
Management and Energy Efficiency Services with Florida Power &
Light Company (FP&L) for Public Utilities Division participation in a
guaranteed energy performance savings program at numerous major
facilities.
As detailed in the Executive Summary
3) Recommendation to approve the Agreement Regarding Alternative
Impact Fee Calculation between the Collier County Water-Sewer
District and the Tamiami Square of Naples, LLC.
Due to the underpayment of prior water/sewer impact fees for
property located at 14700 Tamiami Trail North
4) Recommendation to ratify the appointment of a representative and an
alternate of the Collier County Water-Sewer District to attend
meetings of the Lower West Coast Utility Council.
Resolution 2008-130: Appointing Paul Mattausch as
representative and G. George Yilmaz as alternate
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May 13, 2008
5) Recommendation to approve AshBritt Environmental Inc. (Contract
05-3661) and Solid Resources, Inc. (Contract 05-3831) as the initial
debris recovery team for Collier County's 2008 hurricane season
debris removal and monitoring contractors for operational readiness.
For an initial period of 4 years
6) Recommendation to approve a budget amendment to recognize
additional carry forward and expenditures in operating expenses,
capital outlay and reserve for contingencies in the Water Pollution
Control Fund (114) in the amount of$735,800.
Necessary to implement goals contained within both the
Conservation and Coastal Management Element and the Natural
Groundwater Aquifer Recharge Sub-Element of the GMP
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Erasmo
Martinez III and Teresa Ann Hinojosa (Owners) for deferral of 100%
of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 112, Liberty Landing, Immokalee.
Deferral in the amount of $12,442.46
2) Recommendation to award Bid No. 08-5057R, Pool Chemicals and
Supplies to Commercial Energy Specialists, Inc., The Dumont Co.,
Inc., HornerXpress-Gulf Coast, Inc., SCP Distributors, LLC and
NuC02 at an estimated cost of $183,800.
For the Parks and Rec Department's aquatic facilities
3) Recommendation to award Contract No. 08-5056, Roberts Ranch
Pioneer Museum Driveway and Site Work to FTA Holdings LLC dba
Ace Asphalt, for the construction and site work of a driveway and
sidewalk for the Church Building in the amount of$74,828.00.
Located in Immokalee
4) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Orriane
Louissaint (Owner) for deferral of 100% of Collier County impact
fees for an owner-occupied affordable housing unit located at Lot 43,
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May 13, 2008
Trail Ridge, East Naples.
Deferral in the amount of $12,442.46
5) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Gene
Silguero and Jennifer Silguero (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at New Market Subdivision, Block 19, Lot 5, Immokalee.
Deferral in the amount of $23,351.64
6) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Fernando
Lago and Amelia Lago (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 46, Trail Ridge, East Naples.
Deferral in the amount of $12,442.46
7) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Viergenie
Alliance and Dieumonfranc Alliance (Owners) for deferral of 100%
of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 47, Trail Ridge, East Naples.
Deferral in the amount of $12,442.46
8) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Lennar
Homes LLC (Developer) for deferral of 100% of Collier County
impact fees for a 10 unit owner-occupied affordable multi-family
housing units located in a parcel ofland in Section 23, Township 48
South, Range 26 East Collier County, Tract E, Heritage Bay
Commons (9063 Gervais Circle), North Naples.
Deferral in the amount of $213,910.48 for Lennar Homes, LLC
Moved to Item #10H
9) Recommendation to approve and authorize the Chairman to sign a
Florida Fish and Wildlife Conservation Commission (FWC), Florida
Boating Improvement Program (FBIP) Grant Application for a
Recreational Boating Characterization Study to the Coastal Zone
Management Department to be awarded funds in the amount of
$80,000.
Page 17
May 13, 2008
10) 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
11) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Carlos
Metz and Joyce Metz (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Vista III at Heritage Bay, Unit 1603, North Naples.
Deferral in the amount of $19,411.65
12) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Ketty
Argote (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 178,
Trail Ridge, East Naples.
Deferral in the amount of $12,442.46
13) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Ramon
Lopez Berovides and Florinda D. Perez Fernandez (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 33, Trail Ridge, East Naples.
Deferral in the amount of $19,372.46
14) Recommendation to approve a Florida Fish and Wildlife Conservation
Commission (FWC), Florida Boating Improvement Program (FBIP)
Application for Bayview Park Boat Access Facility for the Coastal
Zone Management Department in the amount of $400,000.
Resolution 2008-131
15) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Nelson
Arteaga and Idalmis Perez (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
Page 18
May 13, 2008
located at Lot 35, Trail Ridge, East Naples.
Deferral in the amount of $19,372.46
16) Recommendation to Obtain Board Approval to Award Bid No. 08-
5034, "Tee Shirts" to North Coast Imagewear in the Amount of
$60,000.
Used mainly by Parks and Recreation, EMS and the Fire
Departments
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve a budget amendment to move $7,100
from the Collier County General Fund Reserves to the Facilities
Maintenance Fund in order to fund invasive exotic plant management
within a County owned conservation easement.
For the removal of Brazilian Pepper Trees within the Lely
Barefoot Beach Development
2) Recommendation to approve a Statutory Deed between the Collier
County Transportation Division and the Conservation Collier Program
for approximately 12.5 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $65,000.
For the Gordon River Water Quality Park Project (Freedom
Park)
3) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of March 21, 2008 through April 23, 2008
4) Recommendation to confirm and consent to the re-assignment of
Contract 05-3827 "Temporary Laborers" from Tandem Staffing
Solutions, Inc. to Select Staffing Solutions Inc.
Select Staffing Solutions purchased Tandem Staffing Solutions on
October 1, 2007
5) Report and ratify Property, Casualty, Workers Compensation and
Subrogation Claims settled and/or closed by the Risk Management
Director pursuant to Resolution #2004-15 for the second quarter of
FY08.
As detailed in the Executive Summary
Page 19
May 13, 2008
6) Recommendation that the Board of County Commissioners approve a
Resolution approving a policy for the acceptance ofland conveyances
by the Conservation Collier Land Acquisition Program in the Transfer
of Development Rights (TDR) Program for the Rural Fringe Mixed
use District (RFMUD).
Resolution 2008-132
F. COUNTY MANAGER
1) Recommendation to approve a Certificate of Public Convenience and
Necessity for the Collier County Emergency Medical Services
Department at a renewal rate for FY 08 of$250.00.
Annual renewal is required by Ordinance 81-75
2) Recommendation to approve the after-the-fact submittal ofa Federal
Emergency Management Agency Assistance to Firefighters Grant in
the amount of $340,000 for the purchase of a Pumper Tanker for the
Ochopee Fire Control District.
To replace the existing 18 year old tanker
3) Recommendation to waive the formal competitive bid process;
approve the purchase of 40 heart monitors, along with associated
accessories and service agreements from Philips Medical Systems for
an estimated total of$729,192.20; and to approve a budget
amendment for an intrafund transfer from capital to operating within
Fund 490 EMS to fund the lease payments for the balance of FY08 in
the amount of $54,041.90.
Needed to replace 35 monitors and purchase 5 additional, due to
the lifespan of the current 7 year old monitors
4) Recommendation to approve the after-the-fact submittal of a United
States Department ofInterior Rural Fire Assistance Grant application
in the amount of $11 ,460 for the purchase of equipment and protective
clothing for the Ochopee Fire Control District.
To provide an adequate supply of equipment, used in wild-land
fire fighting
5) Recommend approval of amendments to TDC Category Band C
Grant Agreements for FY 08 to remove the requirement for matching
Page 20
May 13, 2008
funds.
To change the language in the agreement from "matching funds"
to "dollar for dollar match"
6) Recommendation to approve the submittal of a US Department of
Homeland Security Citizen Corps/CERT Program Grant application
in the amount of$19,000.
To increase all-hazards emergency preparedness, planning,
mitigation, response and recovery
7) Recommendation to approve the submittal of a State Emergency
Response Team subgrant for the Department of Homeland Security
(DHS) and the State of Florida Division of Emergency Management
to establish a Citizens Emergency Response Team (CERT) Program
for the Town of Ave Maria in the amount of$17,977.
To enhance emergency services in this community
8) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2007-08 Adopted Budget.
Resolution 2008-133
9) Recommendation for approval of a budget amendment that reduces
certain Fiscal Year 2008 capital project budgets and appropriates
certain Fiscal Year 2007 capital grant project revenues carried
forward into Fiscal Year 2008.
For goods and services received in FY07 but actual payment was
charged to FY08 Budget
10) Recommendation to waive formal competition and authorize staff to
negotiate a new federal lobbyist services contract with The Ferguson
Group.
To continue with current representation that understands the
issues that are critical to the county
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Board of County
Commissioners authorize its Chairman to execute a Resolution
Page 21
May 13, 2008
authorizing the Collier County Airport Authority to enter into Master
Joint Participation Agreement (MJPA) 2008-A with the Florida
Department of Transportation to fund projects at the Everglades
Airpark, the Immokalee Regional Airport and Marco Island Airport.
Resolution 2008-134
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the EDC VIP Breakfast on Thursday, May I, 2008, at The
Naples Grande Beach Resort in Naples, Florida. $28.00 to be paid
from Commissioner Halas' travel budget.
2) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. Will attend the EDC Best Places to
Work Awards Ceremony on May 22, 2008. $35 to be paid from
Commissioner Coletta's travel budget.
Held at Hilton Naples, 5111 Tamiami Trail N.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file forrecord with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Authorize the Supervisor of Elections to accept federal election
activities funds with a 15% matching contribution.
The matching fund was included in the Supervisor of Elections
FY07/08 budget
2) To obtain Board approval for disbursements for the period of April
19,2008 through April 25, 2008 and for submission into the official
records of the Board.
3) To obtain Board approval for disbursements for the period of April
26, 2008 through May 02, 2008 and for submission into the official
records of the Board.
Page 22
May 13, 2008
K. COUNTY ATTORNEY
1) Recommendation to approve an Agreed Order for Supplemental
Attorneys Fees in connection with Parcels 720, 820A, 820B and 920
in the lawsuit styled Collier County v. Elhanon Combs, et aI., Case
No. 03-2352-CA (Golden Gate Parkway, Project #60027). (Fiscal
Impact: $4,200.00)
2) Recommendation to approve a Stipulated Final Judgment for Parcel
No. 159A in the lawsuit styled CC v. Andy Morgan, et aI, Case No.
02-5169-CA (Immokalee Road Project # 60018). (Positive Fiscal
Impact $953.04)
The county will receive a refund in the amount of $953.04
3) Recommendation that the Board of County Commissioners approve
an exception to the current hiring freeze policy for general fund
positions and authorize the County Attorney to advertise for and fill a
vacant essential Assistant County Attorney (Land Use) position.
For an experienced land use attorney
4) That the Board of County Commissioners approve, and authorize the
Chairman to sign, a Resolution revising the County Attorney Office
Fiscal Year Pay and Classification Plan effective May 14,2008, and
approve the new job descriptions for Section Chiefs and the Of
Counsel position.
Resolution 2008-135
5) Recommendation to approve settlement at mediation prior to trial in
the lawsuit entitled Estella lemma, et. aI, vs. Collier County Board of
Commissioners filed in the Twentieth Judicial Circuit in and for
Collier County, Florida, Case No. 07-2295-CA, for $20,000.00.
Due to an accident that happened in November of 2004
6) Authorize Assistant County Attorney to bid on behalf of Collier
County at foreclosure (Code Enforcement Lien) sales schedule by the
Clerk in Board of County Commissioners v. Jean Claude Martel,
CASE NO. 06-1902-CA.
To cover Code Enforcement fines totaling $277,114.45
Page 23
May 13, 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 by Commission members. V A-2007-AR-12668
B&B Cash Grocery Stores, Inc., represented by Charlie Martin, requesting a
Variance of 17 feet to replace an automobile service station canopy that was
destroyed by Hurricane Wilma; and a Variance of seven feet to relocate two
fuel pump dispensers. The subject property is located at 401 1st Street
South, South Immokalee Heights Unit, Section 4, Township 47 South,
Range 29 East, Collier County, Florida.
Resolution 2008-136
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2008-AR-1295 I
Irvine Dubow, requesting a 1O.7-foot Variance from the required 15-foot
front yard setback of the Vineyards PUD, to allow a 4.3-foot setback in
order to rebuild a pool cage that was destroyed by Hurricane Wilma. The
subject property is located at 590 I Almaden Drive in Section 8, Township
49 S, Range 26 E, Collier County, Florida.
Resolution 2008-137
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. HD-2008-AR-12980,
Patricia and Steve Huff request a Historic Designation for property located
at 238 Mamie Street for building known as JT's Island Grill and Gallery.
Subject property is located in Section 36, Township 53, Range 29,
Chokoloskee, Florida.
Resolution 2008-138
Page 24
May 13, 2008
D. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. HD-2008-AR-1298 I,
Everglades Society for Historical Preservation is requesting a Historical
Designation for The Bula Missionary Baptist Church of Copeland now
known as The Frances Hodge Community Center. The subject property is
located at 210 Turnstile Drive which is located on the south side of Turnstile
Drive and approximately 150 feet west ofthe intersection with Lee Cypress
Drive in Section 13, Township 52, Range 29, Copeland, Florida.
Resolution 2008-139
Moved to Item #16A15
E. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CUR-2008-A-12955,
Mining Venture, LLC., represented by R. Bruce Anderson of Roetzel &
Andress, is complying with condition number 3 of Conditional Use
Resolution 2007-274 for earth mining in the A-MHO Agricultural zoning
district, which requires a review of the Conditional Use approval to
determine whether additional stipulations or mitigation are necessary. The
subject property, consisting of2,576 acres, is located east ofImmokalee
Road (CR-846), approximately 2 miles north of Oil Well Road (CR-858) in
Sections 35 & 36, Township 47 South, Range 27 East, and all of Sections I
& 2, Township 48 South, Range 27 East, Less Road Right-of-Way for
County Road 846, Collier County, Florida.
F. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2007-08 Adopted Budget.
Resolution 2008-140
18. ADJOURN
Motion to 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 25
May 13, 2008
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
Mav 13, 2008
, 2A
Item 40: Name correction. Recipient's name is Jose Galvan Villegas, rather than Jose Villegas Galvan.
Item 4G: Also accepting this proclamation will be Fletcher Holmes, President, and Cesar Nunez, Vice
President, of Florida Gulf Coast University student chapter of American Society of Civil Engineers. (Staff's
request.)
Item 41: Recognition also goes to Luanne Wahlstrom, Care Club; Kathy Hughes, Accucare Nursing; Steve
Edmonston, Alzheimer's Support Group; Leigh Schield, Director Area Agency on Aging; Betty Gamel, Senior
Friendship Centers; Yvette Spiker, Parks and Recreation; Mary Lou Lindsay, Goodwill Industries; Eddie
Hartnack, Veterans' Services; Deb Milsap, Collier County Health Department; Jackie Borchers, Collier County
Sheriff's Office; Angela Larson, Collier County Sheriff's Office. Also recognized are Beth Packer, Mrs. Irby,
Robina Kingston, Mr. Sobel, Marie Turnbull, Patricia Cavaseno, Joan Dahl, and Mel Scott. (Staff's request.)
Add On Item 4J: Proclamation designating May 16, 2008 as National Bike To Work Day and the entire month of
May, 2008, be designated as National Bike Month. To be accepted by Nick Casalanguida, Director,
Transportation Planning Department; David Buchheit, Community Traffic Safety Team Chairman; Russ Muller,
American's with Disabilities Coordinator; Jerry Kurtz, Naples Area Triathletes member; Joe Bonness, Pathways
Advisory Committee Chairman; Allan Ryker, Naples, Pathways Coalition. (Staff's request.)
Withdraw Item 6C: Public Petition request by Lucille Acken to discuss Occupational License for Unit Band C
in the Promenade Parkway Building. (Petitioner's request.)
Move Item 1609 to 10H: Recommendation to approve and authorize the Chairman to sign a Florida Fish and
Wildlife Conservation Commission (FWC), Florida Boating Improvement Program (FBIP) Grant Application for a
Recreational Boating Characterization Study to the Coastal Zone Management Department to be awarded funds
in the amount of $80,000. (Commissioner Henning's request.)
Move Item HE to 16A15: This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. CUR-2008-A-12955, Mining Venture, LLC., represented by R. Bruce
Anderson of Roetzel & Andress, is complying with condition number 3 of Conditional Use Resolution 2007-274
for earth mining in the A-MHO Agricultural zoning district, which requires a review of the Conditional Use
approval to determine whether additional stipulations or mitigation are necessary. The subject property,
consisting of 2,576 acres, is located east of Immokalee Road (CR-846), approximately 2 miles north of Oil Well
Road (CR-858) in Sections 35 & 36, Township 47 South, Range 27 East, and all of Sections 1 & 2, Township 48
South, Range 27 East, less road right-of-way for County Road 846, Collier County, Florida. (Staff's request.)
Time Certain Items:
Item 8A to be heard at 1 :00 p.m. This item continued from the April 22, 2008 BCC meeting. Recommendation
that the Board of County Commissioners consider adopting an Ordinance amending the Collier County
Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances,
by incorporating the directed changes to the Charitable Organization Impact Fee Deferral Program.
Item 10A to be heard at 4:00 p.m. A presentation to the Board of County Commissioners regarding a
conceptual plan to finance operating costs and capacity recovery improvements on County roads having
constraints due to traffic signals serving non-public roadways and driveways by use of a user's fee for
"Convenience Signals".
Item 1 OB to be heard at 11 :00 a.m. Review the results from the recently completed Vanderbilt Beach
Recreational Pier public workshops and obtain direction from the Board of County Commissioners on how to
proceed.
Item 100 to be heard at 10:30 a.m. Recommendation that that the Board of County Commissioners approve a
request from I HOPE, Inc., and authorize the disbursement of $13,000.00 from the Marco Island Affordable
Housing Trust Fund, for payment of permitting and licensing fees related to the installation of thirty six (36)
FEMA trailers in the Immokalee area.
, 4f,
PROCLAMA TION
WHEREAS, according to the U.S. Department of .Justice, in one year there were
nearly 800.000 children missing: and,
WHEREAS, on average there are 2,J85 children reported missing to law-enforcement
agencies daily: and,
WHEREAS, 58,200 of these children are victims of non-family abductions, and more than
200,000 are the victims of family abductions: and,
WHEREAS, the National Center for Missing" Exploited Children exists as a resource
to help prevent child abduction and sexual exploitation: help find missing children:
and assist victims of child abduction and sexual exploitation, their families, and
the professionals who serve them. Although the National Center for Missing ..
Exploited Children assists law enforcement in the recovery of 96% of domestically
missing children, too many children remain among the missing: and,
WHEREAS, national research has confirmed that safety prevention education is critically
important in protecting children from abduction and exploitation, and one
in six children featured in National Center for Missing .. Exploited Children's
photo-distribution program is recovered as a direct result of someone recognizing
the child in the picture: and,
WHEREAS, one of the goals of the National Center for Missing" Exploited Children/Collier
County is to bring prevention education programs to parents and children through
partnerships with law enforcement agencies, schools, libraries, community centers,
churches and other child-serving organizations in our community: and,
WHEREAS, on Friday, May 25, 2008, National Center for Missing .. Exploited Children/Collier
County will Join City and County law enforcement professionals and volunteers at the
Coastland Mall to provide safety brochures and free Child ID and fingerprinting to
families in our community.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County,
Florida, that May 25, 2008 be designated as
National Missing Children's Day
and encourage all community members to "Take 25" minutes to teach a child
impartant, possibly life-saving safety tips as part of the continuing efforts in Collier
County to prevent abduction and sexual exploitation of children.
DONE AND ORDERED THIS J3th Day of May, 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN ,FLORIDA
.
~4B
PROCLAMA TION
WHEREAS, some 50 ml1lion Americans have disabilities and are active, contributing
members of our society and should have the opportunity to develop skl1ls
necessary to compete and obtain jobs in the workforce/ and.
WHEREAS, Goodwill Industries was founded in Boston in 1902 and is now celebrating
its 106th anniversary of helping people with disabilities and other
disadvantages,- and.
WHEREAS, Goodwill Industries is North Americas leading non-profit provider of
career services for people with special needs and is the worlds largest
private-sector employer of people with disabl1ities,' and.
WHEREAS, Goodwl1l Industries of Southwest Florida, Inc., a non-profit organization
that serves the five county area of Collier, Charlotte, Glades, Hendry,
and Lee, has assisted over 8,144 individuals in 2007 to help them
overcome barriers to employment and independence, thus reaching a
higher level of self-sufficiency and improving their lives/ and.
WHEREAS, disadvantaged local residents have received vocational evaluation,
vocational adjustment, job-seeking skills, and placement assistance or
employment through Goodwill Industries of Southwut Florida,' and.
WHEREAS, the investment made by Collier County in Goodwill Industries has paid
off in useful work and jobs for our citizens.
NOW THEREFORE. be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that May 4'" - J(Jh 2008, be designated as
Goodwill Industries Week
DONE AND ORDERED THIS 1 J'" {)cry of May, 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER UNTY, FLORIDA
N
ATTEST:
~4C
PROCLAMA TION
WHEREAS, Notional Association of Insurance Women (NAIWJ International has
achieved on illustrious record of professional achievement and dedicated
service to its clients and the notion and is deserving of public recognition
and commendation,' and.
WHEREAS, this highly esteemed association is composed of approximately 300 local
organizations numbering approximately 8,000 members, 011 of whom ore
competent women and men employed in various fields of the insurance
industry/ and.
WHEREAS, constantly creating good will through integrity and dedication, NAI~
International has grown remarkably since it was founded in 1940, with
some 39 women representing 17 regional insurance clubs,' and.
WHEREAS, the major purpose of this highly effective organization is to 'encourage
and foster educational progrtlms designed to broaden the knowledge and
the understanding of the insuronu field and to cultivate increasing
friendship, lo~ty and desire for service among its members':' and.
WHEREAS, it is of theJ.;nestimoble benefit to the members to be provided with the
opportunityjo associate with other industry professiOf/Qls, enabling them
to shore s41n;ons, problems, ond experiences and thereby goin better
understonc:t' and also increase alliances/ and.
WHEREAS, NAIW, Inf;,rnationol includes within its code of ethics the laudable
pledge of i,rvice that is honest, thorough, gracious, and professional/
and the prtNIIise to perform in on honorable manner - noble words which
ore truly 0 port of each members pursuit of his or her career/ and.
WHEREAS, this outstanding organization has been recognized os 0 vital resource by
the Independent Insurance Agents of AmeriCtl, the American Association
of Managing (;ellerol Agents, the Insurance Institute of America, and
the Chartered Property and CasUtllty Underwriters.
NOW THEREFORE. be it proclaimed by the 8txJrd of County Commissioners of Collier
County, Florida, that May 18'" - May Z4'h Z008, be designated os
National Association of Insurance Women Week
DONE AND ORDERED THIS 13'h Day of May, Z008.
BOARD OF COUNTY COMMISSIONERS
COI 'or/) COUNT.Y, FLORIDA
~F7-L .
TOM HENNING, C.
ATTEST:
_ 4D
PROCLAMA TION
WHEREAS, citizenship is one of the positive traits promoted through Collier County
Public Schools Character Education Program; and,
WHEREAS, the Close Up Foundation, through its experiential learning programs
based in Washington, D.C., educates, inspires, and empowers youth to
become active citizens in our democracy; ane!.
WHEREAS, ten Collier County migrant students were selected to porticipate in the
Close Up Foundations Program for New Americans, based an their
demonstrated academic performance, citizenship and leadership; and,
WHEREAS, upon returning from Washington, D.C., program porticiponts will design
and implement a community service project using their acquired ski'lls
and knowledge.
NOW THEREFORE. be It fJI"O&laimed by the Board of County Commissioners of Collier
County, Floridtz, that the following Collier County high school students be
designatwd tIS
Current and Future Leaders
LEOMENE AIME MAGDONALD AIME
MERCEDES CONTRERAS ADELENE EXCEUs
JOSE GALVAN VILLEGAS WIL TA GREFIN
ELIZAr HERNANDEZ GILBERTO MARTINEZ
JOSE I MARTINEz, JR. JOHNY Wl'LL.IAMCEAU
DONE AND ORDERED. THIS 13'" Day of May, 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COLA ,FLORIDA
ATTEST:
_, 4E
PROCLAMA TrON
WHEREAS, Collier County Bureau of Emergency Services, Department of Emergency
Medical Services (EMS) personnel care for victims of sudden life-
threatening injuries and illnesses, often under stressful conditions and in
high-risk situations to save the lives of others; and,
WHEREAS, EMS personnel must rapidly assess, manage, and effectively provide care in
unpredictable situations that may require putting themselves in danger; and,
WHEREAS, EMS personnel are often the first contact many residents and visitors to
Florida have with the health care system, and the residents of and visitors
to the State of Florida benefit daily from their efforts; and,
WHEREAS, EMS personnel provide education, assessment, prevention, and referral
services in addition to their emergency activities; and,
WHEREAS, it is critical that the general public be made aware of, understand, support,
and effectively use its local emergency medical services system; and,
WHEREAS, recognition is due to all emergency medical prafessionals serving in a variety
of roles for their unselfish dedication to Florida's residents and visitors.
NOW THEREFORE, be It proclaimed by the Board of County Cf/lflmlssloners of Collier
County, Florida, that the week of May 18-24, 2ooB, be designated as
Collier County Emergency Medical Services Week
DONE AND ORDERED THIS 13'" Day of May, 2008.
BOARD OF COUNTY COMMJ.'6SIONERS
COLLIER COUNTY FLORIDA
AN
ATTEST:
, 4F ,.
PROCLAMA TION
WHEREAS, the citizens of Collier County, Florida recognize the vital role that
water-safety education plays in preventing drowning and recreational
water-related injuries: and,
WHEREAS, the citizens of Collier County, Florida can be guaranteed the safest
water-related recreational activities by participating in recreation at
treated water aquatic facilities: and,
WHEREAS, it is vital to abide by the rules set forth by trained and certified
aquatics professionals who develop water-safety rules: and,
WHEREAS, Collier County, Florida identifies effective water-safety programs as the
best way to prevent drowning and recreational water-related injuries.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that May 2008, be designated as
Notional Water Safety Month
and MCourage all residents and visitors alike to support and
promtlte the impartance of practicing safety in water
recrtllltion .
DONE AND ORDERED THIS l.1h Day of May, 2008.
BOARD OF COUNTY COMMISSIONERS
r :2=nflY. ~
TOM H. 'MAN
ATTEST:
PROCLAMATION
~ 46
WHEREAS, each year, America's transportation system - from the roads to the skies, rails and ports - helps
travelers reach their destif/(Jtions and carries bJ'l/ions of tons of freight worth trillions of dollars in
economic stimulus; and,
WHEREAS, transportation is synonymous with opportunity in America - connecting workers with jabs, products
with markets, and families with each ather. Throughout our history, advances in transportation have
been at the forefront of progress. Life in the United States would not be the same without its
vast transportation network and, throughout the 21st century, the U.S. Deportment of
Transportation will continue the tradition of innovation in all transportation fields, continuing to
modernize transportation and, during National Transportation Week, we honor the professionals who
help to keep our transportation systems secure, efficient, reliable, and safe as well as focusing an
making youth aware of transportation-related careers; and,
WHEREAS, in 2000, the Board of County Commissioners had the foresight to develop the Transportation
Services Division to handle the need to create infrastructure to accommodate the county's
dramatically growing population. This division, now in it's eighth year, with deportments handling
Transportation Planning, Traffic Operations, Transportation Engineering and Construction
Management, Road Maintenance, as well as Alternative Transportation Modes has added mare than
163 lane miles of roadways in 12 different road construction projects to the transportation network
and has another 191 lane miles in 16 additional projects under construction, or in active design, far
capocity exponsion. In addition, the division maintains approximately 1,300 miles of roadways and
aver 90 bridges, annually resurfacing mt1re than 45 miles of povement along the county's
transportation network; and,
WHEREAS, in 2001, the Board of County Commissioners created a transit system where no county-wide bus
service had previously existed and now has surpossed mare than 1.2 mIllion possenger boardings
annually. Callier Area Transit - CAT far shart- maintains 23 buses serving 9 fixed routes, 7 days a
week; and,
WHEREAS, in 2006, technology that had been in the process of being installed for several years was completed
resulting in the creation of the Traffic ManageIMnt Center where, to-date, mare than 100
signalized intersections can be controlled by camputer, 44 of those monitored by videa cameras
whereby technicians are able to monitor traffic backups visually and make adjustments to sigf/(JI
timings to lessen delay, porticularly during periods of high valulMs, thus assisting further with
capocity issues as growth continues in this wonderful poradise that mare and mare people are now
referring to as ''home''; and,
WHEREAS, accomplishments in the Callier County Transportation Services Division are due in large port to a
very capoble staff, as well Q$ the hiring of well-f1UtIlified cDflSultants from the private sector who
are contracted to study pot.tial corridors, design and construct roadway, stormwater and ather
transportation-related projects, as well as run the transit and Para transit services, thus reducing
the need far increased hiring of staff during peak work loads.
NOW THEREFORE, be it proclaimed by the Soard of County Commissioners of Callier County, Florida, that May
12-16, 2ooB, be designated as
National Transportation Week
and that the Board of County Commissioners recognizes that National Transportation Week provides
an opportunity far the transportation community to join together far greater awareness about the
importance of transportation; and, calls upon everyone to thank transportation professionals far
their efforts in helping us all travel to where we need to go as safely and efficiently as possible and
recommends to all to save fuel and ride Callier Area Transit whenever possible.
DONE AND ORDERED THIS 13th Day of May, 2008.
BOARD OF COUNTY COMMISSIONERS
reo/I F/.ORIbA
TOM HENNING, CHA
, 4H
PROCLAMA TION
WHEREAS, the Haitian Community of Southwest Florida issued a declaration calling
upon the people of Collier County to observe Haitian Flag Day; and,
WHEREAS, the Haitian Community of Southwest Florida is a grawing community and
would like to celebrate their Independence Day to commemorate their
fallen heroes; and,
WHEREAS, the goal of the Haitian Historical Academy is to preserve and promote
the Haitian heritage throughout Collier County to enhance diversity and
cross-cultural understanding by providing outreach and educational
programs; and,
WHEREAS, the mission of the Haitian Historical Academy is to encourage a multi-
ethnic participation for the Haitian Flag Day and to promote interaction
within the various cultural societies to help build bridges throughout
Naples and Fort Myers by way of concerts, conferences, seminars,
public forums, lectures, and events related to Haitian and American
History.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that May 18, 2008, be designated as
Haitian Flag Day
DONE AND ORDERED THIS 13th Day of May, 2008.
BOARD OF COUNTY COMMISSIONERS
COL L ,COUN7:Y. FLORIDA
r-:J~ .
TOM HENNI. "RMAN
ATTEST:
_' 4'
PROCLAMA TION
WHEREAS, May 2008 has been designated as Older Americans Month and is celebrated
nationally: and the theme is "Working Together for Strong, Healthy, and Supportive
Communities':' and,
WHEREAS, Collier County is a community in which 75, 000 citizens age 60 or older make their
home: and,
WHEREAS, older Americans are valuable members of our society who are rich with experience
and deserving of our respect: and,
WHEREAS, the number of baby boomers reaching traditional retirement age continues to
increase, a fact that spotlights the need for increased attention to the needs of
older adults: and,
WHEREAS, our older citizens of today and tomorrow promise to be among the most active and
engaged older adult populations in our Nations history: and,
WHEREAS,
,it>""" , ,," .&A*i:1ri;Y:+~"l&, "'J+t:i~'l%::j .;:;;j,::':;L,~,:,:.::
/};f,. ;:'>'-' ,';( J(!J>"'4;~' ;'\';):;'i'{C:<,>'i
ng, and HumafJt:'''S"ervlCes hos:serveCf;as the Lead Agency for 30
,::'homeserv(pe~l~;?W+frail elderly to assist them in remaining
long asf~a~{b}y, possible: and, .' .
';',;;:';:',/~#~>,)~f~r:~'>',,<," , ,_,_ ,:,m:'::':"r(f,:';1?2c\;~,
Collier Co pusing ancfk{u'man'se,wice~'(f!lcJs!fP hom,'9ou~.elderly and 75 more
active semors',;n the Nutr;{t~1J Servicespro'p'ram ana HomefJ!R.~fd Meals: and,
-:;':;'{_':._:"i:t-_,;iJ>: _,/""..',j">..,,,,' ,\"1 \',:\,\:^><,,':\'}ij':\7;,:~7;'0;
Collier County, t!~~f1ng f'llf I<!uman Se~y~d~ !'$'tners witM{I.ealth care agencie~, ci~ic
groups, com/'Jul1~~;.~fssoclatl(1ns, ;pth~r county department~, and more to identIfy
needs andre' ,,'. . or our older'l1/!sidents: and, '. .',. ,
'.': \' .. ." .c,
Z!f\F
"!1.{Q.{ties to work together and prepore
r~":\'; . stems of care and providing
WHEREAS, it is the responsibt1ity ot.
for changing older
consumers with m
WHEREAS,
WHEREAS,
WHEREAS,
've communities help their
'f'sing homes and remain at
:""'4
NOW THEREFORE, be it proclaimed by the oara";' 0
Florida, that May 2008, be designated as
Commissioners of Collier County,
Older Americans Month
DONE AND ORDERED THIS 13th Day of May, 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COu, TY, FLORIDA
~
ATTEST:
Proclamation for Older Americans' Month - May 13, 2008
Speaker will be: Leigh Schield, Director Area Agency on Aging and/or
Betty Gamel, Senior Friendship Centers
In attendance will be:
Housina and Human Services Staff:
Marcy Krumbine, Director
Bonnie Fauls, Case Management Supervisor
Debbi Maxon, Case Manager
Carlton Bronson, Case Manager
Kelly Robinson, Case Manager
Leslie Weinreb, Case Manager
Heidi Fahnestock, Nutrition Program Leader
Sharon Downey, RSVP Program Coordinator
Terri Daniels, Accounting Supervisor
Dory Carrillo, Accounting Technician
Ana Diaz, Operations Coordinator
Providers:
Luanne Wahlstrom, Care Club
Kathy Hughes, Accucare Nursing
Steve Edmonston, Alzheimer's Support Group
Partners:
Leigh Schield, Director Area Agency on Aging
Betty Gamel, Senior Friendship Centers
Yvette Spiker, Parks and Recreation
Mary Lou Lindsay, Goodwill Industries
Eddie Hartnack, Veteran's Services
Deb Milsap, Collier County Health Department
Jackie Borchers, Collier County Sheriff's Office
Angela Larson, Collier County Sheriff's Office
Our Seniors:
Mrs. Beth Packer
Mrs. Irby
Mrs. Robina Kingston
Mr. Sobel
Marie Turnbull
Patricia Cavaseno
Joan Dahl
Mr. Mel Scott
5>(5-02
LIT
_ 4J
PROCLAMA TION
WHEREAS, Collier County actively encourages bicycling as an important mode of
transportation in preserving its quality of life: and,
WHEREAS, the entire month of May is National Bike Month, and May 16th, 2008 is
National Bike to Work Day, which is to promote and celebrate the joys and
benefits of bicycling for transportation and recreation, and cyclists in Collier
County enjoy optimum riding conditions because of the temperate climate: and,
WHEREAS, the Collier County Transportation Services Division, Community Traffic Safety
Team, Naples Pathways Coalition, and numerous other community members have
worked diligently over the past years to improve cycling conditions on our
roadways, to educate the public about bicycling, and to promote safe bicycling
for recreation and transportation: and,
WHEREAS, the Community Traffic Safety Team recently applied for $760,000.00 of Sofe
Routes to School funding (2 separote projects, one in Immoka/ee & one in
Naples Manor) to solve existing safety concerns for children: and,
WHEREAS, four pedestrian brifiges (Vanderbilt Drive & (;,olden 6ate Parkway) are under
contract for constl1JCtion in order to address. the lack 9f bicycle and
pedestrian facilities on bridges in those areas: and,
WHEREAS, the Ride of Silence, which honors bicyclists who have been killed or injured
while cycling, will be held on May 21, 2008 at 7 p.m. at Lowdermilk Park.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Floricm, that May 16th, 2008 be designated as
NATIONAL BIKE TO WORK DAY
and the entire month of May, Z008, be desiglJOtcd as
NATIONAL BIKE MONTH
in Collier County, and encourage every citizen of this community to ride a bike
to school, to work, to shopping, or to any other of the events planned for
National Bike Month and National Bike to Work Day, and join fellow residents
in sharing this healthy and pollution-free form of transportation, and ask that
all motorists drive with extra care during this time while they share the road.
DONE AND ORDERED THIS 13th Day of May, 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN ,FLORIDA
ATTEST:
IRMAN
8-A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
To: Clerk to the Board: Please place the following as a:
X Nonnallegal Advertisement
(Display Adv., location, etc.)
o Other:
Originating Dept! Div: CDES/lmpaet Fee Administration
.*******************...**...******.****************...***.**.....**.***........***..................**....
Person: Amy Patterson Date: April 3, 2008
Petition No. (If none, give brief description):
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before: X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. ADril 22. 2008
Newspaper(s) to be used: (Complete only ifimportant):
X Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2001-13, AS AMENDED,
KNOWN AS THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE; PROVIDING FOR CHANGES TO THE PROVISIONS RELATED TO
IMPACT FEE DEFERRALS FOR SPECIFIED CHARITABLE ORGANIZATIONS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? 0 Yes 0 No
If Yes, what account should be charged for advertising costs: 131-138902-649100
Date
Lf-3--or'
List Attachments: 1. Ordinance Amendment
DISTRtRUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating penon to eomplete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure tbat any necessary legal review, or request
ror same, Is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
**.......**.***..........****........**.......***........**...***............**......................****.*
FORCLERK'SOFFICEUSE~Y,-, ~ l
Date Received: ~ Date ofpublic hearing: c+ 1:z., 0 ~
Date Advertised: ~
ORDINANCE NO. 2008-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
2001-13, AS AMENDED, KNOWN AS THE COLLIER COUNTY
CONSOLIDATED IMPACf FEE ORDINANCE; PROVIDING FOR
CHANGES TO THE PROVISIONS RELATED TO IMPACT FEE
DEFERRALS FOR SPECIFIED CHARITABLE ORGANIZATIONS;
PROVIDING FOR CONFLICf AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth.related
capital improvements for various facilities since 1978; and
WHEREAS, on Maxch 13, 2001, the Boaxd of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS, on February 26, 2008 the Boaxd of County Commissioners directed that
the provisions related to applicability, eligibility and repayment of impact fee deferrals for
specified charitable orgWlizations be amended; and
WHEREAS, the adoption of this Ordinance incorporates provisions that amend Section
74-203(i) of the Collier County Code of Laws and Ordinances related to charitable organizations
by providing impact fee deferrals to qualified entities that (1) provide services to indigent and
low income residents of Collier County; (2) provide for a deferral term of 10 years, unless
otherwise extended by the Board of County Commissioners; (3) provide services to only citizens
and legal residents of the United States; and (4) this Ordinance specifies the types of impact
fees that are not eligible for deferral.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article IT, Impact Fees, Section 74.203, Use of fUnds, subsection (i) of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-203.
Use of funds.
...
(1) Impact fee deferrals available to charitable organizations and charitable trusts. These
impact fees deferrals are available only to eligible t& not-far-profit, charitable entities as
specified herein. The cwnulative total of all not-for-profit deferrals in each of the county's fiscal
years shall not exceed $200,000.00. If the 1:etallUlie1:lllt sf impae1: fees defeR'aa I'llJ'8U8ftt te thasB
I'fevisis85 in a nseal) ear isles! thaB 1:299,9(}0.99 (aF is less than the higker tetal iA.1fie funding
aeeeunt fer 198.1 asaaI year l:IeealiSs af f1Aa! eBBa ean:rieg faF'\V8fEi) same aT B:l1 af tke StifR af
mane) :Bat aefeRell ee be awed feR.MIl and thereby Be aaLled te the $290,909.99, t8 a
mauiBHlIll balanee af ES99,999.Qg fu 'r~g fer the Bant :Rssal yeM. Impact fees collected by the
~lcxtisadded;ivullitalI8I:111lcl1:tisdclctcd
SA
8A !,
county for water wastewater. educational facilities and fire impact fees shall not be deferred
under these provisions.
(1) Entities eligible for deferrals. These deferrals are available only to charitable, not-
for-profit entities that provide services of substantial benefit to low income or very low
income residents of the county at no charge or at reasonable. reduced rates, and no part of
the net earnings of the entity shall inure to the benefit of any private shareholder or
individual, ami the eati~. eemplies ,.~ at least eRe efthe feUey:;iflg: with moor of the
entity's not-for-motit status and elhdbilitv established to the County's sole satisfaction.
Deferrals are available onlv to entities that solely orovide services to citizens of the
United States or Jella! aliens that nermanentlv reside in the United States. Proof of such
must be established to the County's sole satisfaction.
a. The efttity is aesafihea in SliBseeasa SQl(C)(J) efChaj!teT 2~ efYie United
States lHtemel Re7:eftlie Cede as 8 eBI'fIB"'tlHSR, a eelBfBWlRj ehe9t, a fuftd, aT 8
fe1:lR9ati8B, 8rg--~--1l BJ1EI e~eF&tetl euelusi"le!y faf eharitalde ~llIJlese6, ar fer
}UeVelHiaB sf efUe~' te elUl8fea, and is tfteB euelBflt Hem 'lanes eelsT SeetiBB
SGl(a11ReNi&; ar
h. 1ll.. llBli.,. i. ~...fih.~ is SlIh...li.lIS jQl(Cl(1)Ef.) OB~ (Ill .fChapt.r 26 of
the Uniteli 8tateB IBtemal Revemle Cede as either a Ci"lie 1.88ga8 aT aR
afganiiiatiBn Bet BIgaai2ed fer ~fBiH. is e~erEKea enemsi";ely far the ~relBElti8R sf
saBi81";:elf8A!, BBEl is eneffiJlt Ham. taluS aRaer SeBtisB 59 1 fa,), therein; ar
a. 1ll.. ""Ii.,. i. ~.oafill.ll is Sllho.alio. SQI(C)(2Q) of Chapter 26 of the Uaitell
States lmefll8l Re. eaae Cade as an erganiMtisB aT 1fwJt, the eUBI1Jfli.:o'.'e :fua.etieB Bf
\VRies is te -raM ~art Bf Ii q\i6lifiea grBHfllegal sernees plSft ar plana .Aihin 1he
m.eftftiRg Bn~ee1ieB 12Q as reHreBBed therem; ar
a. 'The eMit} is a 8a9flHeJ. a eesflemt:i::e 8a5f'iital seR'iee BFgBRi2'BtisB. a meaieal
fes!8ftlh Brganiwia8fl. er siIBi.lar ergamfilMisR WlEler Bft). p1'8visiaR ".\ithiR (ar
fefereReea) in SeesaR 591 ef ChBf!ter 2~ Bf 1ke 'l'aiteel States IAtemal Re,;eRlie
Cede SHd the eiHHy is eJ~eHl.pt Hem :€edefBl masHle tanaaSR; sr
i!I. Th8 eBSt:y is theft sueHlpt frsHl Fleritla's lHlftY6led BBareel:lffing inttmgible
tEl:l'EeS IH:U'waRt te f.g. 1199.183(1), 8f) 8 "{:haritalde Tmst" ana at least 95 JlereeBt
afits iReame is paid te eRe aF Mare eftlle ahe"le Bsted federal tan ensRlJlt entises.
(2) Amount of deferrals available to applicants. Subject to not exceeding the amount of
impact fees paid (or to be paid) by the applicant to the coonty, the applicant may request
deferrals of all impact fees that are eligible for deferral under these provisions, but no
applicant shall be granted more than $100,000.00, or jQ p.....t .fth. lWeillllll. fuB<lisg,
.,bieB e ler is less, of not.for-profit deferrals.
...
(5) Not-for-profit deferrals are discretionary and the board's decisions are fmal. Imnact
fee deferrals Ilranted under this Dro~ will be secured as a lien on the subiect oronertv
for the term of the deferral. The term of the deferral shall in all events be due and
oavable not later than ten years after the execution of the imnact fee deferral allreement
bv the county. unless otherwise extended by the Board of County Commissioners. Such
~lc:xtisadded.;8"lIl1l1lfflllf,lttcxtilldeletod
Pagc20fl
fees shall be accelerated and automatically be due and oavable orior to that time aeriod if
there is any breach ofllie subiect imoact fee deferral allreement bv the non.-countv nartv.
At the conclusion of the deferral period the subject impact fees for the then-current use
are due and payable and upon payment in full of the impact fees the lien will then be
satisfied.
...
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION THREE. INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered and internal cross-references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FOUR. EFFECTIVE DATE.
lIDs Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _ day of .2008.
ATIEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
TOM HENNING, Chairman
, Deputy Clerk
App
and
---
Jeffre
Chief
~textisaddcd;S'\lll.a"'D"gH",~xtisdele~d
Pagc 3 Q(3
8A ,~
SA .-
April 7, 2008
Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Ordinance Amending Ordinance 2001-13: Impact Fee Administration
Dear Legals:
Please advertise the above referenced notice on Friday, April 11, 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 # 131-138902-649100
SA
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on April 22, 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 NO. 2001-13, AS AMENDED,
KNOWN AS THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE;
PROVIDING FOR CHANGES TO THE PROVISIONS RELATED TO IMPACT FEE
DEFERRALS FOR SPECIFIED CHARITABLE ORGANIZATIONS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
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
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 sho 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
8A I,
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)
Martha S. Vergara
SA
,:t-A~
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday, April 07, 2008 2:26 PM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT01470.lxt; Ord. Amend. Ord. 2001-13 Impact Fee Admin.
[B
~71
~
ATT01470.txt (231 Ord. Amend. Ord.
B) 2001-13 Impac...
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
8 A I;~
Martha S. Vergara
From: Perrell, Pam [PPerrell@Naplesnews.coml
Sent: Tuesday, April 08, 2008 9:20 AM
To: Martha S. Vergara
Subject: RE: Ord. Amend. Ord. 2001-13 Impact Fee Admin.
OK
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Monday, April 07, 2008 2:26 PM
Posted To: Legals - NDN
Conversation: Ord. Amend. Ord. 2001-13 Impact Fee Admin.
Subject: Ord. Amend. Ord. 2001-13 Impact Fee Admin.
Pam,
Here is another ad...
Thanks,
Martha Vergara
Deputy Clerk II - BMR
252-7240
4/812008
Th.Th,
~APLES DAILY NEWS
Pubhshed D",l\
Naples. FL 1-1 102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared Ii.l-:a.mh. who on oath says t hat the!
serve as lhe Assistant Corporate Secretary Orlhe Naples Daily.
a dallv newspaper pubhshed at Naples. 1rI Collier County.
Florida: distributed ill Collier (Ind Lee (;ountics of Florida: thal
the attached copy or the advertising. being a
PUBLIC NOTICE:
in the matter of PUBLIC NOTICE
\vas published in said newspaper I time in the issue
Qu Apr]l LI'",,_2.00R
\tllant rurlhi.:f '.<I:-s that Ih.:: said !\larks Daily !\;:ws is a l1.cwspapcr
l'uhlj"\k'd at I\apks. in i.:olli\'r count\'. Florida and that Ih"" said
lW\\Sfl;lfh:r has IkT..:lot\m:: o.:..::n continuously puhlish..:d in said Colli.:r
('('lllll\. rl'lrida: dislrihukd in Colli..:r and ),,,:,,; lountics of norida.
'::lc:h day and has o<.'<.'n .:nkr.:d as s.:.:ond ~'Iass mail matter at th.: post
(li"li~'~' in \'apks. in said ('"III.::r ('"unty. Florida. f"r a period or 1
\':::tf 1\<2,\1 pr<2<.:edlllg th~' firs! puhlication of the attached copy of
adn~rtis.::m":llt: and al"iiant further says that h~ has neither paid nor
promised ally pason. firm or corporation any discount. rehak,
cum mission or refi.md for the purpose ()fsccuring this adv'::11iscl1l.::nt for
puhli..:ation in the said newspaper
;7~
( Signat,{re of affiant)
S\\orn to and subscribed before me
This II"'. Day Of April 200R
~~ C\Q~_
(Sign UfC of arv pub~c)
FEI )~-2)7R12
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print 011 pink paper. Attach to m1ginal 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 atTIce only.!f!!!: the Boan, 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!;mature, draw a line throuv:h routim! lines #1 throuv:h #4, comolete the checklist, and fotward to Sue Filson rline#5l.
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 Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact lnfonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the 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
25l-57~1
8+1
~
~
Af
NIP
Am cdl-'Usoll
S - 13 - 0'6'
o r 01. \ (li,LY\~
Agenda Item Number
Number of Original
Documents Attached
p(P
At
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the 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 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 ture 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 certiin
time frame or the BCC's actions are nullified. Be awa e of our deadlines!
The document was approved by the BCC on S I~ 0 (enter date) and allehanges
made dnring the meeting have been incorporated in the attached documeDt: The
Count Attorne 's Office has reviewed the chan es, if a licable.
I: Formsl County Forms! BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
SA
ORDINANCE NO. 2008- 23
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
2001-13, AS AMENDED, KNOWN AS THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE; PROVIDING FOR
CHANGES TO THE PROVISIONS RELATED TO IMPACT FEE
DEFERRALS FOR SPECIFIED CHARITABLE ORGANIZATIONS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for various facilities since 1978; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS, on February 26, 2008, the Board of County Commissioners directed that
the provisions related to applicability, eligibility and repayment of impact fee deferrals for
specified charitable organizations be amended; and
WHEREAS, the adoption of this Ordinance incorporates provisions that amend Section
74-203(i) of the Collier County Code of Laws and Ordinances related to charitable organizations
by providing impact fee deferrals to qualified entities that (1) provide services to indigent and
low income residents of Collier County; (2) provide for a deferral term of 10 years, unless
otherwise extended by the Board of County Commissioners; or (3) provide services to only
citizens or legal residents of the United States.
WHEREAS. this Ordinance specifics the types of impact fees that are not eligible for
deferral.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Impact Fees, Section 74-203, Use affunds, subsection (i) of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-203.
Use offunds.
***
(i) Impact fee deferrals available to charitable organizations and charitable trusts. These
impact fees deferrals are available only to eligible te not-for-profit, charitable entities as
specified herein. The cumulative total of all not-for-profit deferrals in each of the county's fiscal
years shall not exceed $200,000.00. If the total amount of impact fees deferred plirSUaHt to these
provisions in a fIscal year is less than $200,000.00 (or is less thafl the higher total in the flmding
aCCOlolRt for that fiscal year Because of prior cash carrying forward) some or all of the Slim of
money not deferred can be carried forward and thereby Be added to the $200,000.00, to a
maximum balance of $500,000.00 funding for the next fiscal year. Impact fees collected by the
llnderlined text is added; ~lVk-~ text is deleted
8A
county for water, wastewater, educational facilities and fire impact fees shall not be deferred
under these provisions.
(1) Entities eligible for deferrals. These deferrals are available only to charitable, not-
for-profit entitics that provide services of substantial benefit to low income or very low
income residents of the county at no charge or at reasonable, reduced rates, and no part of
the net earnings of the entity shall inure to the benefit of any private shareholder or
individual, and the entity complies ',>,'ith at least one of the f-ollowing: with proof of the
entitv's not-for-profit status and eligibilitv established to the Countv's sole satisfaction.
Deferrals are available onlv to entities that solelv provide services to citizens of the
United States or legal aliens that permanently reside in the United States. Proof of such
must be established to the Countv's sole satisfaction.
a. TRe entity is described in sHbsection 50 I (C)(3) of Chapter 26 of tRe Uniled
States Internal Revenue Code as a corporatioll, a commlfnity chest, a flllld, or a
fOHndation, organized and operated exclusively for charitable purposes, or f-or
prevention of cruelty to children, and is then C)ccmpt from taxes under Section
501 (a) therein; or
b. The entity is described in Subsections 501 (C)(i)(.^,) and (E) of Chapter 26 of
the United States Internal Revenue Code as either a Civ ic League or an
organization not organized f-or profit, is operated exclusively for tRe promotion of
social welfare, and is exempt from taxes Hnder Section 501(a), tRorein; or
c. The entity is deseribed in Subsection 501 (C)(20) of Chapter 26 of the United
States IRternal Revenue Code as aR organization or tmst, tRe exclusive functien of
which is to form part of a qualified group legal services plan or plaRs '.vitRin tRe
meaning of Section 120 as referenced therein; or
d. The entity is a hospital, a cooperative hospital service organization, a medical
research organization, or similar organi;:ation "mder any provision within (or
referenced) in Section 50 I of Chapter 26 of the United States Internal ReverlHe
Code and the entity is exempt from federal income taxation; or
e. TRe entity is tRell ellempt from Florida's annual and nonrecurring intangible
taxes pUrGliant to F.S. & 199.185('1), as a "CRaritable Tmst" and at least 95 pereent
of its income is paid to one or more of the above listed federal tax eJ[emflt entities.
(2) Amount of deferrals available to applicants. Subject to not exceeding the amount of
impact fees paid (or to be paid) by the applicant to the county, the applicant may request
deferrals of all impact fees that are eligible for deferral under these provisions, but no
applicant shall be granted more than $100,000.00, or 50 percent of the available fHnding,
which e','er is less, of not- for-profit deferrals.
***
(5) Not-for-profit deferrals are discretionary and the board's decisions are final. Impact
fee deferrals granted under this program will be secured as a lien on the subiect properlv
for the term of the deferral. The tenn of the deferral shall in all events be due and
pavable not later than ten veal's after the execution of the impact fee deferral agreement
by the countv. unless otherwise extended by the Board of Countv Commissioners. Such
.\l11derlil~ text is ud,kd; :::It"ue]; thrAl:Igh text is dckted
Page 2 01'3
fees shall be accelerated and automaticallv be due and pavable prior to that time period if
there is anv breach of the subiect impact fee deferral agreement bv the non-countv partv.
In the event that an entitv that is the recipient of an impact fee deferral during the term of
the deferral is required, due to a new State or Federal mandate, to provide services to
persons that are not legallv residing in the United States, the entitv will notifv the Countv
Manager in writing of the new requirement within 30 davs of the effective date of such
change. however, having to provide such services pursuant to a new State or Federal
mandate shall not be deemed a violation of this Ordinance or breach of anv lien
agreement with the Countv. At the conclusion of the deferral period the subject impact
fees for the then-current use are due and payable and upon payment in full of the impact
fees the lien will thcn be satisfied
SA
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrietive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of eompetent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered and internal cross-references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FOUR. EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this I '3~ day of ~, 2008.
A TTES,lIJ' [}ir:'j
... . .... ~ .'M
Dwigfit E. Brock,e1erk
~. . '
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
""~"""'''''O
." '. ...
~:. '. , ,-
'~. ',-
:, ~', ..,' ~ ,- .
By::s .~
,-+;-
Atttti1"';~tO&f,... W puty Clerk
S19l'lturt 0Il1~
App ve to form
and I g s
By:
~
Underlined text is added; !'\.trul;'l; Ihr81:1gl. text is deleted
Page J 01'3
8A
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. 2008-23
Which was adopted by the Board of County Commissioners on
the 13th day of May 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th day
of May 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County ~~~e$joners
~f!dt0"\J~
By: Martha" Vetgaia~
'Dep1'!ty Cl ir;Jt
-'. .,
_.
~ 8 B .~
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
.****.**.************.*.***...***....*~.*.***.******************************.******1*.*.*.***************
Originating Deptl Div: Comm.Dev.Serv./Plannmg Person: Kay Deselem (f) Date: 3. J (I Og'
Petition No. (If none, give brief description): PUDZ-A-2007-AR-11723, Vanderbilt Trust PUD
Petitioner: (Name & Address): Wayne Arnold, Q. Grady Minor & Associates, Inc., 3800 Via Del Rey, Bonita Springs, FL 34134
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Richard D.
Yovanovich, 4001 Tamiami Trail N., Suite 300, Naples, FL 34103; Amy S. Turner and/or Tammy Turner Kipp, 6625 Newhaven
Cir., Naples, FL 34109
Hearing before Bec
BZA
Other
Requested Hearing date:
ADril 8. 2008
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: PUDZ.A-2007-AR-I1723. Amy Turner and/or
Tammy Turner Kip?, represented by D. Wayne Arnold, A1CP, Q. Grady Minor and Associates, P,A., and Richard D. Yovanovich,
Goodlette, Coleman and Johnson, request a rezone from Planned Unit Development (PUD) to Community Facility Planned Unit
Development (CFPUD) for the Vanderbilt Trust 1989 PUD, to allow development of a maximum of 200 assisted living, continuing
care retirement community, nursing home, retirement community andlor independent living facility units for persons over the age of
55, to be developed at a 0.6 floor area ratio. The subject 7.8:f: acre property is located on the north side of Vanderbilt Beach Road
(CR 862), approximately 1/4 mile east of Livingston Road (CR 881) in Section 31, Township 48 South, and Range 26 East,
Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
llH38326-649100
No If Yes, what account should be charged for advertising costs:
Reviewed by:
~ Vh./.s~J/11 /0 J5
Department Head Date
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A, . For hearings before Bee Dr 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: ~~/{,'8
, 8 B
: '.'4
ORDINANCE NO. 08-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NUMBER
04-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING TIIE ZONING
CLASSlFlCATION OF THE HEREIN DESCRlBED
REAL PROPERTY FROM PLANNED UNIT
DEVELOPMENT (PUD) TO COMMUNITY
FACILITIES PLANNED UNIT DEVELOPMENT
(CFPUD) FOR A PROJECT TO BE KNOWN AS
TIlE VANDERBILT TRUST ]989 CFPUD, TO
ALLOW DEVELOPMENT OF A MAXIMUM OF
200 ASSISTED LIVING, CONTINUING CARE
RETIREMENT COMMUNITY, NURSING HOME,
RETIREMENT COMMUNITY AND/OR
INDEPENDENT LIVING FACILITY UNITS FOR
PERSONS OVER THE AGE OF 55, TO BE
DEVELOPED AT A MAXIMUM 0.6 FLOOR AREA
RATIO, FOR PROPERTY LOCATED ON THE
NORTH SIDE OF VANDERBILT BEACH ROAD
(CR 862), APPROXIMATELY 1/4 MILE EAST OF
LIVINGSTON ROAD (CR 881), IN SECTION 31,
TOWNSHIP 48 SOUTH, AND RANGE 26 EAST,
COLLIER COUNTY, FLORlDA, CONSISTING OF
7.8'" ACRES; PROVIDING FOR nm REPEAL OF
ORDINANCE NUMBER 99-70, TIm FORMER
VANDERBILT TRUST 1989 PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Wayne Arnold, of Q. Grady Minor & Associates, Inc., and Richard D.
Yovanovich, of Goodlettc, Coleman, and Johnson, P.A., representing Amy S. Turner and/or
Tammy Turner Kipp, 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, FLORlDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 31,
Township 48 South, Range 26 East, Collier County, Florida, is changed from the Planned Unit
Development (PUD) Zoning District to the Community Facilities Planned Unit Development
CFPUD) Zoning District for the Vanderbilt Trust 1989 CFPUD, in accordance with Exhibits A-
H, which are attached hereto and which are incorporated herein and by reference made part
(1-29-08) Vanderbilt Trust 1989 CFPUD, pUDZ-A-2007-AR-I] 723
Page I 0[2
88
hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as
amended, the Collier County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 99-70. known as the Vanderbilt Trust 1989 PUD, adopted on October
12, 1999, by the Board of County Commissioners of Collier County, is hereby repealed in its
entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by a super-majority vote of the Board of County
Commissioners of Collier County, Florida, this _ day of
,2008.
ATIEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
TOM HENNING, CHAIRMAN
Approved as to form and
legal sufficiency
(i'
4'",,[( Marjorie M. Student-Stirling
. Assistant County Attorney
PUDZ-A-2007-AR-l1723/KD/sp
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
List of Allowable Uses
Development Standards
Master Plan
Legal Description
List of Deviations with Justification
List of Developer Commitments
Landscape Buffers
Alternative Landscape Plan
(1-29-08) Vanderbilt Trust 1989 CFPUD, PUDZ-A-2007-AR-11723
Page2of2
88 ;.,
EXHIBIT A
FOR
VANDERBILTTRUST 1989 CFPUD
PERMmED USES:
A maximum of 200 units may be developed for assisted and independent living units for
persons aged 55 and over. nursing home units, retirement community or continuing
care retirement communities. For purposes of this CFPUD. retirement community shall
be defined as one or more dwelling units consisting of apartments, condominiums. or a
self-contained village, which is restricted to adults or senior citizens who are self-
sufficient. They may also contain special services such as medical facilities. dining
facilities, and some limited. supporting retail facilities. 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:
I. Community Facility Tract
A. Principal Uses:
1. Assisted living facilities. independent living facilities for persons over age 55.
continuing care retirement communities, retirement communities, and
nursing homes. All uses shall be permiHed at a combined maximum FAR. of
0.6.
2. Essential services, per Section 2.01.03.A of the Land Development Code
( LDe).
B. Accessory Uses/Structures:
1, Signs, water management. essential services. gate houses, covered parking,
nature trails. indoor and outdoor recreational facilities.
2. Other accessory uses and structures customarily permitted for the above-
referenced principal use.
3. Private amenities such as Beauty beauty and barber shops, transportation
services. resident dining. physical fitness facilities. meeting rooms and other
personal services related to assisted living facilities, Independent living
facilities for persons over age 55, continuing care retirement communities,
retirement communities. and nursing homes.
4. Model units and on-site leasing. sales and maintenance facilities.
C. Operational Characteristics:
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:
1. The facility shall be for residents 55 years of age and older.
2. There shall be on-site dining for the residents.
PUDDocumenl3-11-08,doc Pagelofl0
VBRCPUD
j
3. Group transportation services shall be provided for residents for the purposes
of grocery and other types of shopping. Individual transportation services
shall be coordinated for the residents' individualized needs including but not
limited to medical office visits.
4. There shall be an on-site manager/activitles coordinator to assist residents
with their individual needs. The manager/coordinator shall also be
responsible for 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.
5. A wellness center shall be provided on-site. Exercise and other fitness
programs shall be provided for the residents.
6. Each unit shall be equipped with pull cords designed to notity emergency
service providers in the event of a medical or other emergency.
7. 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.
II. Preserve Tract
A. Principal Uses:
1. Open space. passive recreation. walking trails. and water management
facilities.
2. Any other use which is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals (BZA) through the
process outlined in the LOC.
PUD Document3-11-08.doc
Page 2 of 10
VBRCPUD
88
88
EXHIBIT B
FOR
VANDERBILTTRUST 1989 CFPUD
DEVELOPMENT STANDARDS:
Table I below sets forth the development standards for land uses within the CFPUD.
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 (SDPJ or
subdivision plat.
TABLE I
DEVELOPMENT STANDARDS FOR MIXED USE DISTRICT
MINIMUM LOT AREA
MINIMUM LOT WIDTH
MINIMUM YARDS (External)
From Vanderbilt Beach Road right-
of-wa
From Northern Project Boundary
From Eastern Project Boundary
From Western Project Boundary
10,000
75 ft.
NA
NA
25 ft.
25 ft.
25 ft.
40ft.
15 ft.
15 ft.
40 ft.
15 ft.
Intemal Drives!Right-of-
wa !Pro e Lines
Preserve
10 ft.
Oft.
MIN. DISTANCE BETWEEN
STRUCTURES
D
25 ft.
20 ft. or Y2 sum of building heights'
10 ft.
Zoned Height
4 stories over parl::ing. not to exceed 50 ft.
25 ft.
Actual Hei ht
MAXIMUM FLOOR AREA RATIO (FAR)
4 stories over
35 ft.
. whichever Is grealer
.. Per slbdlvlded 101, eExcludlng parldng areas under buildings
PUD Document 3-1 HIS.doc
Page 3 of 10
VBRCPUD
!
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EXHIBIT D
FOR
VANDERBILT TRUST 1989 CfPUD
LEGAL DESCRIPnON
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 31. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP
48 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA: THENCE RUN NORTH 89056'1Z' WEST.
ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31. FOR A DISTANCE OF
661.05 FEET; THENCE RUN NORTH 02"11'18" WEST FOR A DISTANCE OF 150.12 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;
FROM SAID POINT OF BEGINNING. ALSO BEING A POINT 150 NORTH OF AND PERPENDICULAR TO
SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION. THENCE RUN NORTH 89"56'12"
WEST, AND PARALLEL WITH. AND 150 FEET NORTH OF. SAID SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 31. FOR A DISTANCE OF 660.98 FEET TO THE WEST LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
31; THENCE RUN NORTH 02"09'51" WEST, ALONG SAID WEST LINE. FOR A DISTANCE OF 517.32 FEET
TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 31; THENCE RUN SOUTH 89056'42" EAST. ALONG THE NORTH
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 31. FOR A DISTANCE OF 660.76 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE
RUN SOUTH 02"11'18" EAST. ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31. FOR A DISTANCE OF 517.43 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. CONTAINING 7.843 ACRES.
MORE OR LESS.
PUD Document 3-1 Hl8.doc
Page 5 of 10
VBRCPUD
88
EXHIBIT E
fOR
VANDERBILTTRUST 1989 CFPUD
DEVIATIONS
I.A deviation from LDC Section 5.05.04.D.1. which establishes a maximum floor area
ratio (FAR) of 0.45 for group housing uses. to permit a maximum FAR of 0.60
for the Vanderbilt Trust CFPUD.
This deviation is consistent with the FAR established for assisted living.
independent living units and continuing care retirement communities
located within the Vanderbilt Beach Road Neighborhood Commercial
Subdistrict. During the comprehensive plan amendment process. which
established this sub-district. the applicant identified that the 0.45 FAR is an
out-dated development standard for many modem group housing
developers. Responding to demands for a greater variety and number of
amenities such as on-site dining. wellness facilities. recreational amenities.
and generally larger unit sizes. all are factors demonstrating that the 0.45 FAR
is not the appropriate FAR for these uses. The proposed FAR of 0.60 will permit
development of modem and well amenitized senior housing within the
CFPUD
2.1. A deviation from LDC Section 5.05.04.D.3. which establishes parking
standards for group housing uses including independent living units. assisted
living units. and nursing care units. to establish a parking standard for a
retirement community use as one (1) parking space per unit.
3.2. A deviation from LOC Section 4.05.04.G. which states that multi-family
clubhouse structures require parking spaces at a ratio of I parking space per
200 square feet and swimming pools require parking spaces at I per 75
square feet for the first 1.000 square feet and each additional 125 square
feet. in order to provide parking for the clubhouse facility and pool at a ratio
of 1 parking space per 800 square feet, or 25% of the standard clubhouse
parking standard.
4.3. A deviation from LDC Section 4.06.02.C.. which requires that a 15 foot wide
Type B buffer must be provided between a clubhouse and any multi-family
dwelling unit. to allow the developer to install landscape buffers between the
senior housing buildings and the clubhouse amenity building in compliance
with the aiternative landscape plan. Exhibit H.
PUD Document J..11-OO.doc
Page 6 of 10
VBRCPUD
"
.
8
! ..
EXHIBIT f
fOR
VANDERBILT TRUST 1 '8' CfPUD
UST Of DEVELOPER COMMITMENTS
Regulations for development of the Vanderbilt Trust 1989 CFPUD shall be in
accordance with the contents of this CFPUD Document and applicable sections of the
LDC and Growth Management Plan (GMP) in effect at the lime of issuance of any
development order to which said regulations relate. Where this CFPUD Ordinonce
does not provide development standards, then the provisions of the specific sections of
the LOC that are otherwise applicable shall apply. .
A. TRANSPORTATION
1. All traffic control devices, signs, pavement marking, and design
criteria shall be in accordance with the Florida Deportment 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,
2. Access points shown on the CFPUD 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 sholl be considered unless a PUD amendment is approved.
3. Site related improvements (as opposed to system related
improvements) necessary for safe ingress and egress to this project, as
determined by Collier County, sholl not be eligible for impact fee
credits. All improvements necessary to provide safe ingress and egress
for construction-related traffic shall be in piace and operational prior
to commencement of on-site construction.
4. Nothing in any development order (DO) shall vest 0 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 tille, 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.
PUD Document 3-11.Q8.doc
Page 7 of 10
VBRCPUD
88
'"
5. II any required turn lane improvement requires the use 01 any exlsting
County rights-of-way or easement(s). then compensating right-ol-way
or easements shall be provided at no cost to Collier County as a
consequence 01 such improvement(s) upon final approval of the tum
lane design during the review and approval of 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.
6. II. in the sole opinion of Collier County. traffic slgnal(s). other traffic
control devices, signs, pavement marking improvements within a
public right-ol-way or easement. or site related improvements (as
opposed to system related improvements] necessary lor sale ingress
and egress to this project, as determined by Collier County, are
determined to be necessary, the cost 01 such improvements shall be
the responsibility of the developer, his successors or assigns. The
improvements shall be paid lor or installed, at the County's discretion,
prior to issuance of the appropriate corresponding CO.
7. The developer shall make a payment in lieu 01 construction 01 the
sidewalk and/or bike lane provided along the project's frontage on
Vanderbilt Beach Road. The payment shall be made in accordance
with the LOC and must be paid at the time of site development plan
or plat approval. whichever occurs first.
B. PLANNING
1. The Vanderbilt Trust 1989 CFPUD shall have an integrated and
common building architectural style. Where multiple buildings are
constructed within the CFPUO, all buildings shall be constructed using
like exterior building materials and color palate,
2. At the time of SOP approval, the developer shall provide a detailed
landscape plan, which must be in compliance with Exhibit G,
Landscape Buffers, which is adopted as part of the CFPUO
commitments.
3.The developer, or successor, shall permit the installation of a noise
attenuation wall on the eastern property line if determined to be
necessary to reduce noise impacts to the Wilshire Lakes Community.
The developer shall not be responsibie for any costs of construction 01
such wall, nor shall the developer be required to provide landscaping
or irrfgation along the eastern side of the wall.
C. ENVIRONMENTAL
1. A minimum preserve area of 1.18 acres shall be provided at the time
of site plan approval.
PUD Documenl3-11-08.doc
Page 8 of 10
VBRCPUD
EXHIBIT G
FOR
VANDERBILT TRUST 1989 CFPUD
LANDSCAPE BUFFERS
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EXHIBIT H
FOR
VANDERBILT TRUST 1989 CFPUD
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1-,
March 12, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-A-2007-AR-11723; Vanderbilt Trust PUD
Dear Legals:
Please advertise the above referenced notice on Sunday, March 23, 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 .0./ Account # 131-138326-649100
88
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, APRIL 8, 2008, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT
(PUD) TO COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD)
FOR A PROJECT TO BE KNOWN AS THE VANDERBILT TRUST 1989 CFPUD, TO
ALLOW DEVELOPMENT OF A MAXIMUM OF 200 ASSISTED LIVING,
CONTINUING CARE RETIREMENT COMMUNITY, NURSING HOME, RETIREMENT
COMMUNITY AND/OR INDEPENDENT LIVING FACILITY UNITS FOR PERSONS
OVER THE AGE OF 55, TO BE DEVELOPED AT A MAXIMUM 0.6 FLOOR AREA
RATIO, FOR PROPERTY LOCATED ON THE NORTH SIDE OF VANDERBILT
BEACH ROAD (CR 862), APPROXIMATELY 1/4 MILE EAST OF LIVINGSTON
ROAD (CR 881), IN SECTION 31, TOWNSHIP 48 SOUTH, AND RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.8 +/- ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-70, THE FORMER
VANDERBILT TRUST 1989 PUD; AND BY PROVIDING AN EFFECTIVE DATE.
Petition: PUDZ-A-2007-AR-11723, Amy Turner and/or Tammy Turner Kipp,
represented by D. Wayne Arnold, AICP, Q. Grady Minor and Associates,
P.A., and Richard D. Yovanovich, Goodlette, Coleman and Johnson,
request a rezone from Planned Unit Development (PUD) to Community
Facility Planned Unit Development (CFPUD) for the Vanderbilt Trust
1989 PUD, to allow development of a maximum of 200 assisted living,
continuing care retirement community, nursing home, retirement
community and/or independent living facility units for persons over
the age of 55, to be developed at a 0.6 floor area ratio. The subject
7.8 +/- acre property is located on the north side of Vanderbilt
Beach Road (CR 862), approximately 1/4 mile east of Livingston Road
(CR 881) in Section 31, Township 48 South, and Range 26 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
8B
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized by
the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
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)
Dwight E. Brock
Clerk of Courts
eo~ty()f Collier
CLERK OF THE CIRCUJT COURT
COLLIER COUNTY d:OURT~OUSE
3301 TAMIAMI 1(~IL EAST
P.O. BO~ 413044 ,
NAPLES, FLORIDA '~101-30~4
...
88 "
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 12, 2008
Wayne Arnold
Q. Grady Minor & Associates, Inc.
3800 Via Del Rey
Bonita Springs, FL 34134
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2007-AR-11723: Vanderbilt Trust PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 8, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, March 23, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~,l~\c
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.cIerk.collier.fl.us
Fax- (239) 775-2755
Email-colliercIerk\alcIerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
'ebuptyofCoUier
\~-- ", 1
CLERK OF THE CIRCUJT COURT
COLLIER COUNTY ~OURT~OUSE
3301 TAMIAMI ~IL EAST
P.O. BO~ 413044\
NAPLES. FLORIDAl1101-30'l4
-$-
88
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 12,2008
Richard D. Y ovanovich
400 I Tamiami Trail N., Suite 300
Naples, FL 34103
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2007-AR-11723: Vanderbilt Trust PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 8, 2008, as
indicated on the enclosed notice, The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, March 23, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
- PU{t-~C~,)z
eresa Polaski,
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.collier.fl.us
Fax- (239) 775-2755
Email-collierclerk(ii)c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
. .
'. '"~..,' m,'-';
.eounty of Collier
l~ .
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY <!:OURTaOUSE
3301 T AMIAMI lZ~IL EAST
P.O. BOX 413044,
NAPLES, FLORIDA ':f~101-30'l4
-$-
8B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 12, 2008
Amy S. Turner and/or Tammy Turner Kipp
6625 Newhaven Cir.
Naples, FL 34109
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2007-AR-11723: Vanderbilt Trust PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 8, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, March 23, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~~'ic
Deputy Clerk
Enclosure
Phone- (239) 732-2646
Websile- www.cIerk.collier.fl.us
Fax- (239) 775-2755
Email-colliercIerk(/l)c1erk.collier.fl.us
Teresa L. Polaski
8 B . ~...~ 'If
To:
Subject:
legals@naplesnews.com
PUDZ-A-2007-AR-11723; Vanderbilt Trust PUD
Attachments:
PUDZ-A-2007-AR-11723.doc; PUDZ-A-2007-AR-11723.doc
Legals,
Please advertise the following on Sunday, March 23, 2008. Thank you
~
PUDZ-A-2007-AR-I PUDZ-A-2007-AR-1
1723.doc (28 K... 1723.doc (31 K...
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
88
. .~,..,
Teresa L. Polaski
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Thursday, March 13, 2008 8:45 AM
Teresa L. Polaski
Delivery Status Notification (Relay)
Attachments:
A TT53923.txt; PUDZ-A-2007 -AR-11723; Vanderbilt Trust PUD
..,.,1
L:J
B
ATT53923.txt (231 PUDZ-A.2007-AR-l
B) 1723; Vanderbi...
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-A-2007-AR-11723; Vanderbilt Trust PUD
Teresa L. Polaski
From:
Sent:
To:
Perrell, Pam [PPerrell@Naplesnews.com]
Thursday, March 13, 2008 9:34 AM
Teresa L. Polaski
Subject: RE: PUDZ-A-2007 -AR-11723; Vanderbilt Trust PUD
OK
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Thursday, March 13, 20088:45 AM
Posted To: Legals - NDN
Conversation: PUDZ-A-2007-AR-11723; Vanderbilt Trust PUD
Subject: PUDZ-A-2007-AR-11723; Vanderbilt Trust PUD
Legals,
Please advertise the following on Sunday, March 23, 2008. Thank you
<<PUDZ-A-2007-AR-11723.doc>> <<PUDZ-A-2007-AR-11723.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
(T eresa.Po laski@collierclerk.com)
3113/2008
Page 1 of1
8 B '>~~
Page 1 of 1
.
88
~.1
Ann P. Jennejohn
From: DeselemKay [KayDeselem@colliergov.netl
Sent: Monday, March 24, 2008 5:22 PM
To: Deselem, Kay; Bellows, Ray; Brock, Mary; CasalanguidaNick; ClevelandSimon; Debres, Dustin; Feder_N; Filson,
Sue; IstenesSusan; Klatzkow, Jeff; MartinsonKathy; McgonagleMichele; Minutes and Records; NeetVirginia;
Phillips, Sharon; PodczerwinskyJohn; Puig, Judy; RamirezHeather; SchmittJoseph; Student, Marjorie
Cc: Richard Yovanovich; Heidi Williams; Wayne Arnold
Subject: RE: Vanderbilt Trust, PUDZ-A-07-AR-11723 for 4/8/08 BCC
Staff has agreed to continue this petition to the May 13, 2008 BCC hearing. The petitioner will be submitted the formal
continuance request to zoning staff along with a check for $500 as required by the current fee schedule before that hearing date.
Kay Deselem, AICP
Zomng & Land Development Review Department
Community Development & Environmental Services DiviSion
2800 N Horseshoe Drive
Naples, FL 34104
Phone: 239.252.2931
Fax: 239.252.6357
From: DeselemKay
Sent: Monday, March 24, 2008 12:25 PM
To: bellows_r; brock_m; CasalanguidaNick; ClevelandSimon; DeBresDustin; Feder_N; filson_s; IstenesSusan; KlatzkowJeff;
MartinsonKathy; McgonagleMichele; Minutes and Records; Neetvirginia; phillips_s; PodczerwinskyJohn; pui9-.J; RamirezHeather;
SchmittJoseph; studenCm
Subject: Vanderbilt Trust, PUDZ-A-07-AR-11723 for 4/8/08 BCC
The petitioner's agent has asked for a continuance. The date to which they wish to continue has not yet been determined. I will
advise when I know.
Kay Deselem, AICP
Zomng & Land Development Review Department
Community Development & Environmental Services DiVision
2800 N Horseshoe Drive
Naples, FL 34104
Phone: 239.252.2931
Fax: 239.252.6357
3/25/2008
Th.Th,
NAPLES DAILY NEWS
Published Dat"
:-;ap1cs. FL .141112
Affidavit of Publication
State of Florida
COllnty of Collier
Defore lhe undersigned they sen'c as the authority. personally
appeared Ii:.J,,~!E!h. who on oath says that they
sene <IS the Assistant Corporate Sccrct<lry of the Naples Daily,
;J daily newspaper published at Naples, in Collier Connty.
Florida; distributed in Collier and Lee counties of Florida: that
the atl~lchcd copy of the advertising, being a
PUBLICJiQ]ICE
in the matter of PUBLIC NOTICE
was published in said nc',"spaper I time in the issue
On M~r.c:I1_Ll'~20()R
\tliallt funh..:r says that Ih.: said \:apks Daily ;\..:ws is a n..:wspap..:r
Puhlished al \lapks. ill colli..:r COllnt~., Florida and thallh..: said
n':\\Spar<.::r has h<:reloforc been continuously puhlishcd in said Colli..:r
Counlv, Florida: di~lribtlkd ill Collier and Lee .:ounti~.s of Florida,
o:::ad1 (-LJ\ and has h':l:n l'nkr.:d as s.:cond dass mail matter at the p()~1
ul'flc'e in ~apks_ ill ~aid Collier Coun!\'. Florida. for a period of I
~ .:~)r next pr<:.:cding the lirsl publication ol'th.: attac:hcd ':OPy of
advertisement: and afliant further sa~'s that he has ncith",r paid nor
promis(,d any' p",rson, firm M C(lrpMatlOn any discount. rebate,
commission or refund for the pUf1Jc>se of' s.:curing this a(h'~11iscmcnt for
P'~"2tl" ::'::r
( Signature of affiant)
S\\orn to and subscribed before me
Tlli~ 23[". D,:I\ or Mardi 20m~
(sign~~
(\CV,",Q.IL'\
public)\
1''',:~i~~;~'T,:;~ .
-':: A"I \,--. -, 1,,<"1" L '0-\( ~8
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I' il:'mJalOnM WfIl':COtl.
I ,1Itt ertaetment 01
I fn:= Ord I.."...
ItrcAw~ .om.
~,thIPro~~
dt!wtce~.loIlo\oa:
AN ~2'NAN1~' THE
ggrt1t~;r~~EJ~~~~
p- - . -AMiHDIU
t T::t
tiff!
EHENsrVE ZON.
IONS FOR
PRATED
COIIN-
AMEND-
PIlATE
!lAP OR
ANGING
r.:,:!:\.A5.5IFI.
II !ll!REIN
DE 1OR0p.
EA, ,PLANNED
~p~g ~6YCE~OP~,~~
FAC,.bXw, .M..~NNED
UN'T rJOftELOPMENT
t'nfKNOW~ '%f~tt I
VAN~T TRuST IIlll9
Srtu. '. TO AL~OW DE".
MUll';:" OF~t~.
LIV'N ~N'riNti{ro'
CARE IREMENT COM.
MUNITY, NURSING
ggM ' , A TlREMEln
INO N.. .ND/OR
~tc ,'.Atv~~a
life AGE I
OF 55. TO _ DEVELOPED,
~L~,,~~IMUM, 0:6 I
PROPERTY L()~l+~b F8~ '
THE NORTH SIDE OF
VANDERBILT BEACH
~ft~;'~2A '~I!-
~mrrr VI~i~r~~~
nON 31, TO NSHIP..
SOUTH. ~ND. RANGE 26
EAST. COLLIIllCOUNTY
FLO RU'D. A. .0..0.' N 5.J5.T.'N Ii
OF 7.8 ,.. . ' ILMO.
VIOING _
OF 0 . ,NtIM~
99-'10, .' _. VAN.
PDERS'L'" TRUST ItS9
A~~~~&:w.JDlNG
Petltlon~ ::P\#oZ.A.ZOO7.
AR'U7'2~~'...ml', Turner
and/or mmy' , I
Klpp, rep..._ ..0. f--
Wayne A'rnold" AIC,~" Q. ' .,
Grady 'Minor and alO - I
elates. P.4., and AI , d
o. Yovanovlch, oOd.
fette, Coleman ,and
Johnson, request .-n- ;
zone from Planned:Ui1ltl
Development 'PU~,to"
CommunItyf:aclllty
Planntd Unit Develop-
ment (CFPUD) for the
VanderbIlt Trust 1989
PUD, to allow dfvetop-
ment of a maximum of
200 assisted living, con-
tinuing care retirement
community, nursJng
home, retirement com.
=1~or1=
~sr::bo~~
~~.6 .floor ..-rea. ratio.
"~~' , 1ect7.8 +/. acre-
. p'r. ' II locatecl on
~." hslde of Van-
, ,leach Road (CR'
:' , ), approximately 1/4
mile eut 01 L.lvlngston
Road (CR 881) In _On
31, 'TownshlD- 48 SOuth
and Range 16 East, Col:
ner County, Floria.' ,
Co~toa of the (,.P....ed
Ordlh.ance ar on fife
wlt~ th. CI., t~ thl
lo80trdl end are .val~l.
r I)IpIctlon. All liter.
ested parties- are 1""lted
to alltnd and be hew.
NOT!: All PtrSOII! with.
InQl ,to .'P"k on: any
IIPIHII. _ _ _.
1Il" wllllltltCoutllJtid.
~1!\~~lor ~';,
'bondllVlllI heuadl Ip ers will
I ,m to minutes
on any Item. The selec.
~~i~.~~j
nlzed IW' , et ,rman
II. sPO"".per5 n far a
group ~,organlzatlon
may !:)t,.uottld 10 min.
utes, to 'speak on an
Item. ....
Persons wl$hlng to have
written. or graphic ma-
ter/als Included In the
Board uenda packets
must lubmlt said ma.
terlal a m1nhnum of 3
weeks prior to the reo
spectlve PUbHc hearing.
~1lt~~o~
~I be '.~mltt~
the appropriate County
staffa mlrilmLlmofsev.
en ~.. ~.. ,)o'.!o thl
pllb/t. , "" mo.
terlal_ _..
tlons:1Je ,tfieik'lo.rd
wUl u.C&)m, al p81m..
I n~P&rt_q1the~:
f~f_
5~~/:..~~cl~'
I'~gl>>s 'Id of the proce'e'd_
$ made, whIch reo
I ~,~n~~e'Se~~:e~_
~~~ the al:lPM!
If YOU are -. person with
aalsa~JiJty who "eeeft
any accommodatJon'Jn
order to .partlelpate In
thIs Proctedlng' YOU are
entltledt. at no' cost to
you, to me provtSk!ln of
certain aSSistanCe.'
Pleue contact the Col-
lier County FaClUtle.s
Man"~g,'mlint, D.,an.
mer,OCat.d at 3301
Tamlaml Trail hat
Building W; Naples:
!Q~1,3g9)W-
1:r~e:ocolJ'n1'a~i
sIO/l.ra' 0ffICe~ I cc~ s"
~8~;P.f~~U!NV
~LgktUSrnUNTV,
TOM '_HI,~~~~.teHA:IR~
I MAN; ..,. ...
gJ'J~tiT [': BROCK,
SfU' ,Tlresa Polaski, De...
U Clerk'- ",
(5 L)
...M!r. 23 No. 1681525
~
.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board omce. The completed routing ~,lip and original
documents are to be forwarded to the Board Qtliee 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
sa
execotion of the Chairman's silUlature, draw a line through routing lines # I throuQh #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin!:! order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the 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 Kay Deselem Phone Number 252-2931
Contact
Agenda Date Item was May 13,2008 Agenda Item Number 8B
Aooroved bv the BCC ,
Type of Document Ordinance ~ 'lJ~ Number of Original 1
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception). the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours 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 April 13, 2008 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es, if a lieable.
Yes
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
€)
'D
~
v
(f)
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
8B"'"
ORDINANCE NO. 08-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA. AMENDING ORDINANCE NUMBER
04-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY FROM PLANNED UNIT
DEVELOPMENT (PUD) TO COMMUNITY
FACILITIES PLANNED UNIT DEVELOPMENT
(CFPUD) FOR A PROJECT TO BE KNOWN AS
THE VANDERBILT TRUST 1989 CFPUD, TO
ALLOW DEVELOPMENT OF A MAXIMUM OF
200 ASSISTED LIVING, CONTINUING CARE
RETIREMENT COMMUNITY, NURSING HOME,
RETIREMENT COMMUNITY AND/OR
INDEPENDENT LIVING FACILITY UNITS FOR
PERSONS OVER THE AGE OF 55. TO BE
DEVELOPED AT A MAXIMUM 0.6 FLOOR AREA
RATIO, FOR PROPERTY LOCATED ON THE
NORTH SIDE OF VANDERBILT BEACH ROAD
(CR 862), APPROXIMA TEL Y I/4 MILE EAST OF
LIVINGSTON ROAD (CR 881), IN SECTION 31,
TOWNSHIP 48 SOUTH, AND RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF
7.8c!: ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 99-70, THE FORMER
V ANDERBILT TRUST 1989 PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Wayne Arnold, of Q. Grady Minor & Associates, Inc., and Richard D.
Yovanovich, of Goodlette, Coleman, and Johnson, P.A., representing Amy S. Turner and/or
Tammy Turner Kipp, 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 31,
Township 48 South, Range 26 East, Collier County, Florida, is changed from the Planned Unit
Development (PUD) Zoning District to the Community Facilities Planned Unit Development
CFPUD) Zoning District for the Vanderbilt Trust 1989 CFPUD, in accordance with Exhibits A-
H, which are attached hereto and which are incorporated herein and by referenctl made part
(1-29-08) Vanderbilt Trust 1989 CFPUD, PUDZ-A-2007-AR-Il723
Page I of2
~ 8 B
hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as
amended, the Collier County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 99-70, known as the Vanderbilt Trust 1989 PUD, adopted on October
12, 1999, by the Board of Counly Commissioners of Collier County, is hereby repealed in its
entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of Slate.
PASSED AND DULY ADOPTED by a super-majority vote of the Board of County
Commissioners of Collier County, Florida, this J3"'-day Of~, 2008.
ATTESt:. L' ;'.'
DWL9HT E. BR08K, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
-,",
BY:
i
A $t~$, t9 (;"-1.
I ....... oA'l f '
Approved as to form and
legal sufficiency
1Pa( 'Jl-LL'Yn.~.~
arj'Jle M. Student-Slirling
Assistant County Attorney
PUDZ.A.2007.AR.II723/KD/sp
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
List of Allowable Uses
Developmenl Standards
Master Plan
Legal Description
List of Deviations with Justification
List of Developer Commitments
Landscape Buffers
Alternative Landscape Plan
(1-29-08) Vanderbilt Trust 1989 CFPUD, PUDZ-A-2007-AR-II723
Page 2 of2
EXHIBIT A
FOR
VANDERBilT TRUST 1989 CFPUD
t 18B
PERMITTED USES:
A maximum of 200 units of the principal uses identified below may be developed within
the CFPUD. Of the 200 authorized units within the CFPUD, a maximum of 175 units may
be developed for independent living units for persons aged 55 and over or retirement
community uses. For purposes of this CFPUD, retiremenf community shall be defined as
one or more dwelling units consisting of apartments, condominiums, or a self-contained
village, which is restricted to adults or senior citizens who are self-sufficient. They may
also contain special services such as medical facilities, dining facilities, and some
limited, supporting retail facilities. 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:
I. Community Facility Tract
A. Principal Uses:
1. Assisted living facilities, independent living facilities for persons over age 55,
continuing care retirement communities, retirement communities, and
nursing homes. All uses shall be permitted at a combined maximum F.A.R. of
0.6.
2. Essential services, per Section 2.0 I .03.A of the land Development Code
(lDC).
B. Accessory Uses/Structures:
1. Signs, water management, essential services, gate houses, covered parking,
nature trails, indoor and outdoor recreational facilities.
2. Other accessory uses and structures customarily permitted for the above-
referenced principal use.
3. Private amenities such as beauty and barber shops, transportation services,
resident dining (including private restaurantllounge and/or cafeteria).
physical fitness facilities, meeting rooms and other personal services related
to assisted living facilities, independent living facilities for persons over age
55, continuing care retirement communities, retirement communities, and
nursing homes.
4. Model units and on-site leasing, sales and maintenance facilities.
C. Operational Characteristics:
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:
1. The facility shall be for residents 55 years of age and older.
PUD Document 5-20-08 (BGG - clean).doc
Page 1 of 10
VBRGPUD
2. There shall be on-site dining for the residents.
.'
3. Group transportation services shall be provided for residents for the purposes
of grocery and other types of shopping. Individual transportation services
shall be coordinated for the residents' individualized needs including but not
limited to medical office visits.
8a
4. There shall be an on-site managerlactivities coordinator to assist residents
with their individual needs. The managerlcoordinator shall also be
responsible for 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.
5. A wellness center shall be provided on-site. Exercise and other fitness
programs shall be provided for the residents.
6. Each unit shall be equipped with pull cords designed to notify emergency
service providers in the event of a medical or other emergency.
7. 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 batf-Jrooms may be
retrofitted to add grab bars.
II. Preserve Tract
A. Principal Uses:
1. Open space, passive recreation, walking trails, and water management
facilities.
2. Any other use which is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals (BZA) through the
process outlined in the LDC.
PUD Document5-l0-08 (BGG - clean).doc
Page l of 10
VBRGPUD
EXHIBIT B
FOR
VANDERBILT TRUST 1989 CFPUD
88
DEVELOPMENT STANDARDS:
Table I below sets forth the development standards for land uses within the CFPUO.
Standards not specifically set forth herein shall be those specified in applicable sections
of the LOC in effect as of the date of approval of the site development plan (SOP) or
subdivision plat.
TABLE I
DEVELOPMENT STANDARDS FOR MIXED USE DISTRICT
PRINCIPAL STRUCTURES ACCESSORY USES
MINIMUM LOT AREA 10,000 NA
MINIMUM LOT WIDTH 75 ft. NA
MINIMUM YARDS (External)
From Vanderbilt Beach Road right- 25 ft. 25 ft.
of-way
From Northern Project Boundary 25 ft. 15ft.
From Eastern Project Boundary 40 ft. 40 ft.
From Western Project Boundary 15 ft. 15 ft.
MINIMUM YARDS (Internal)
Internal Orives/Right-of- 10 ft. Oft.
wav/Propertv Lines
Preserve
25 ft. 10 ft.
MIN. DISTANCE BETWEEN 20 ft. or :12 sum of building heights*
STRUCTURES
MAXIMUM HEIGHT
Zoned Height 3 stories over parking, not to exceed 50 ft. 25 ft.
Actual Heiqht 3 stories over parkinq not to exceed 62 ft. 35 ft.
MAXIMUM FLOOR AREA RATIO (FAR) F.A.R.0.6**
* whichever is greater
.. Excluding parking areas under buildings
PUD Document 5-20-08 (BCC - clean).doc Page 3 of 10
VBRCPUD
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EXHIBIT 0
FOR
VANDERBILT TRUST 19B9 CFPUD
LEGAL DESCRIPTION
8B
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, BEING MORE
P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN NORTH 89056'12" WEST.
ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31, FOR A DISTANCE OF
661.05 FEET; THENCE RUN NORTH 02011 '18" WEST FOR A DISTANCE OF 150,12 FEETTO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;
FROM SAID POINT OF BEGINNING, ALSO BEING A POINT 150 NORTH OF AND PERPENDICULAR TO
SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, THENCE RUN NORTH 89056']2"
WEST, AND PARALLEL WITH, AND 150 FEET NORTH OF, SAID SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 31, FOR A DISTANCE OF 660.98 FEET TO THE WEST LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
31; THENCE RUN NORTH 02009'51" WEST, ALONG SAID WEST LINE, FOR A DISTANCE OF 517.32 FEET
TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 31: THENCE RUN SOUTH 89056'42" EAST. ALONG THE NORTH
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 31, FOR A DISTANCE OF 660.76 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE
RUN SOUTH 02011'18" EAST. ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31. FOR A DISTANCE OF 517.43 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 7.843 ACRES,
MORE OR LESS.
PUD Document 5-20-08 (BCC - clean).doc Page 5 of 10
VBRCPUD
EXHIBIT E
FOR
VANDERBILT TRUST 1989 CFPUD
DEVIATIONS
SB'"
1 , A deviation from LDC Section 5,05,04.0.3, which establishes parking
standards for group housing uses including independent living units, assisted
living units, and nursing care units, to establish a parking standard for a
retirement community use as one (I) parking space per unit.
2. A deviation from LDC Section 4.05.04.G, which states that multi-family
clubhouse structures require parking spaces at a ratio of 1 parking space per
200 square feet and swimming pools require parking spaces at ] per 75
square feet for the first 1,000 square feet and each additional 125 square
feet, in order to provide parking for the clubhouse facility and pool at a ratio
of 1 parking space per 800 square feet, or 25% of the standard clubhouse
parking standard.
3. A deviation from LDC Section 4.06.02.C.. which requires that a 15 foot wide
Type B buffer must be provided between a clubhouse and any multi-family
dwelling unit, to allow the developer to install landscape buffers between the
senior housing buildings and the clubhouse amenity building in compliance
with the alternative landscape plan, Exhibit H.
4. A deviation from LDC Subsection 5.03.02.E which requires that nonresidential
projects contiguous to residential projects provide a masonry wall or
prefabricated concrete wall or fence, to permit the developer to provide a
15 foot wide Type B landscape buffer without a wall along the northern and
eastern project boundaries.
PUD Document 5-20-08 (BGG - clean).doc
Page 6 of 10
VBRGPUD
EXHIBIT F
FOR
VANDERBILTTRUST 1989 CFPUD
LIST OF DEVELOPlR COMMITMENTS
813
Regulations for development at the Vanderbilt Trust 1989 CFPUD shall be in accordance with the
contents at this CFPUD Document and applicable sections at the LDC and Growth
Management Plan (GMP) in ettect at the time at issuance of any development order to which
said regulations relate. Where this CFPUD Ordinance does not provide development standards.
then the provisions at the specitic sections at the LDC that are otherwise applicable shall apply.
A. TRANSPORTATION
I. All trallic control devices. signs. pavement marking. and design criteria shall
be in accordance with the Florida Department at Transportation (FDOT)
Manual at Unitorm Minimum Standards (MUMS). current edition, FDOT Design
Standards, current edition. and the Manual on Unitorm Trallic Control Devices
(MUTCD), current edition.
2. Access points shown on the CFPUD Master Plan are considered to be
conceptual. Nothing depicted on any such Master Plan shall vest any right of
access at any specitic point along any property boundary. The number at
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.
3. Site related improvements (as opposed to system related improvements)
necessary tor sate ingress and egress to this project, as determined by Collier
County, shall not be eligible tor impact tee credits. All improvements
necessary to provide safe ingress and egress tor construction-related trattic
shall be in place and operational prior to commencement at on-site
construction.
4. Nothing in any development order (DO) shall vest a right at access in excess
of a right-in/right-out condition at any access point. Neither shall the
existence of a point at ingress, a point at egress, or a median opening, nor the
lack thereof, be the basis tor any tuture cause at action tor damages against
the County by the developer, its successor in title, or assignee. Collier County
reserves the right to close ani median opening existing at any time which is
tound to be adverse to the health, satety, and welfare at the public. Any
such moditications shall be based on, but not limited to, satety, operational
circulation, and roadway capacity.
5. If any required turn lane improvement requires the use at any existing County
rights-at-way or easement{s), then compensating right-at-way or easements
shall be provided at no cost to Collier County as a consequence at such
improvement{s) upon tinal approval of the turn lane design during the review
and approval of the first subsequent development order. The typical cross-
section may not ditter from the existing roadway unless approved, in writing
by the Transportation Division Administrator, or his designee.
6. It, in the sole opinion at Collier County, trattic signal{s), other trallic 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 sate ingress and egress to this project, as
determined by Collier Countv, are determined to be necessary, the cost of
such improvements shall be tne responsibility of the developer, his successors
PUD Document 5-20-08 (Bee - clean).doc
Page 7 of 10
VBRCPUD
or assigns. The improvements sholl be paid for or installed, at the County's
discretion, prior to issuance of the appropriate corresponding CO.
8B
7. The developer sholl make 0 payment in lieu of construction of the sidewalk
and/or bike lone provided along the project's frontage on Vanderbilt Beach
Road. The payment shall be made in accordance with the LDC and must be
paid at the time of site development plan or plat approval, whichever occurs
first.
B. PLANNING
I. The Vanderbilt Trust 1989 CFPUD shall have an integrated and common
building architectural style. Where multiple buildings are constructed within
the CFPUD, all buildings shall be constructed using like exterior building
materials and color palate.
2. At the time of SDP approval, the developer shall provide a detailed
landscape plan, which must be in compliance with Exhibit G, Landscape
Buffers, which is adopted as part of the CFPUD commitments.
3. The developer sholl supplement the LDC required buffer plantings along the
northern property line by installing a minimum of thirty (30) sabal palms, with a
clear trunk height ranging from 12 feet to 22 feet and fiffeen (15)
Washingtonia Palms with a clear trunk height ranging from 25 feet to 35 feet
for the approximately 270 foot distance of the building facade. These
supplemental plantings shall be planted in an area between the northern
building fac;:ade and the pruject buffer and must be installed prior to the
issuance of the certificate of occupancy for the northern most building.
4. Eastern-facing window views from the living units located in the southernmost
building as depicted on the conceptual master plan must be screened with
vegetation to achieve at least 0 90 percent opacity between window views
of the subject project and the neighboring Fieldstone Village Condominiums.
The 90 percent opacity requirement may be achieved through building
and/or landscape design and shall be in place at the time the certificate of
occupancy is issued for such building.
5. If the developer builds 175 independent living units, the developer sholl
provide 175 parking spaces for the independent living units and 13 parking
spaces for the clubhouse for 0 minimum of 188 parking spaces. The provided
number of parking spaces may be reduced should there be a corresponding
reduction in the number of independent living units constructed and/or the
size of the clubhouse facility. The total number of parking spaces for the
project shall be determined at the time of SDP approval.
C. ENVIRONMENTAL
I. A minimum preserve area of 1.18 acres sholl be provided at the time of site
plan approval.
PUD Document 5-20-08 (Bee - clean).doc
Page 8 of 10
VBRCPUD
EXHIBIT G
FOR
V ANDERBILTTRUST 1989 CFPUD
8B
LANDSCAPE BUFFERS
-f----- ----
r"';Q .
1 :. . . ~A~.~'-
t(\ ,-,-,I>~ 0 ,-~
.~
~
I
-loo'T'tI"<4~
'U'7f
hj<'(ri.>IV\'t
( ~
"~
~:O -'-: -' -.
@
N"f".TH
!
i
I
i
.'
\Vh..,rc ":Xi'II11$ n~.!lo,;t;lllull (afl<;f
dc.aringl dt)c~ lIot meet the-
'p;l(;in;g.;siLc ~rit<;"n;J li'f ill\,p~'
'U' bufft'f, sl.Ippkmenl;t!
\ q!':l<llmn sh>lll be pJ;mwu
(fr"n Ill<lximum of 15' o.e
\\idl d 5' hl.'"dgc) Buffer i~ [(> be
XO"o ,1rJ'lt1~' lI'ithin one y;;at.
TYPE 'B' BUFFER. Plan
EASTERN PROPERTY BOUNDARY
I
..L_.* __,
'''''''~
",
'"
\1.___ I'wp'",..:d 'lrc.:~ Shrub..
I \i~lil1:' Pine IIO:~s Shrubs I" R~'lll,liJl
..
-----10' litri<A{ ~..__,
._---~-
,
@
"'''f''.TH
,.
,---~ F O.k)
-4
l!'r"t;:; ~O'O.C
m,\.~illlulllwit.l:;;) 2"1"
fall h.:dgcalplanlilli!
TYPE 'D' BUFFER. Plan
VANDERBILT BEACH ROAD
\',,,,J<;,l,;h
""hi~~1 "il~
W,lshir-'j ,,~,,'
"
---"--
. ---'lr
,
i .
i,a -~;;!!_:
I, _ - ---~l(~r'''- );','
'-'-<I'-1~n'<I1<'1\,,,lth""'~~_,____.
('(I:\CI-:I'I\ ,\J. I'I\!\[[',\II.! II
he,""
l.wc{)Jk:
l.mrdOJ~
B;IItl(\r~"
Sl,,,hl'illc,
.f
e
i
~
^^....
!kdl1'
C'>coplul1l
W"h..r',Vihunnrlll
S~W JI"lmctm ((;r,'~nSil"ef)
~
i ('m';l r I'H !.\ r. PLANT PAI.l I'll 1
i ltq~ 1
i li\dhk t
il"uf,'II),lk '
! B.~I,1 (Vpl"'"
i Sb.h Pln~'
! [)"hootllltol1y
~
€
~
f.
TYPE 'D' BUFFER. Se<:tion
VANDERBILT BEACH ROAD
TYPE 'B' BUFFER. Plan
EASTERN PROPERTY BOUNDARY
Ilkd!(<,
! \hl''''''
,! Snnl"OIl',Sr"pf>Cr
i,~~'~~ \t)"rlk
---.J
'" EXHIBIT H 8 B
;;.
1= > 7 , 7 > > z > > > 7 FOR
..:
z
" 1 V ANDERBIL T TRUST 1989 CFPUD
,
~ " " , Co AL TERNA TIVE LANDSCAPE PLAN
, , , i' a
Co " " ~ '- '"
Z " < < Co
Co Co Co ~ 0 6 0
0 '" e, r.' e, ~ ~ c
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6 " " " 0 1 ]
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en 0 0 " Co . 6 .
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BY:.Martn~ ve.~~atV,
.~ 'peputy ~le k
'J~/.., jj'~,':\>" .
88
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. 2008-24
Which was adopted by the Board of County Commissioners on
the 13th day of May 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 21st day
of May 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
.' ;
Cou~tY;C6mmissioners
. .' /,
By: Martha, ve~~a
'// D,eputy .~le
, .~)
~". );'\,
_..,~_____.."",,.>...._,.,.~ " ,_o~"_,,_,~,,,~",._.,,~_....
MEMORANDUM
Date:
May 16, 2008
To:
Kay Nell, CLA
County Attorney's Office
From:
Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re:
Resolution 2008-141 thru Resolution 2008-146
Appointing Members to County Advisory Boards
t 9 A 1~
<It
Attached please find one (1) copy of the documents referenced
above, (Agenda Item #9A - 9F) adopted by the Board of County
Commissioners on Tuesday, May 13, 2008.
If you should have any questions, you may contact me at 252-8406.
Thank you,
Attachments (6)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP!. 9 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ..
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU E ..
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 to the Board Oftlce only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing Jines # I through #4 as appropriate for additional signatures, dates, and/or information needed. Tfthe document is already complete with the
exccDtion of the Chairman'5 silmature, draw a line throul!h routing lines # I through #4, comnlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routinp order)
1.
2.
3.
4.
5. Sue Filson. Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary conlact is the person who created/prepared tht: executive
summary. Primary contact information is needed in the event one oftht: addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature arc to be delivered to the BCe office only after the BCe has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date [tern was
A roved by the BCC
Type of Document
Attached
Phone Number
's Onice
Agenda Item Number
Extension 8400
9A
Yes
(Initial)
N/A(Not
A licable)
Resolution
Number of Original
Documents Attached
11/
(b;
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
-- 4-1
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a fO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the 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 rrom
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCe Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBeC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
Tn most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the Bee on (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.
2.
3.
4.
5.
6.
,,_...___, _~.._.._.,~. _.""M'. ._,._,._.~ ".""...._,. _... ~ '''''~ .~,.."~'._,,,..,.,... ..,*.._.,.,..~ ',""'''''.''-.'__''~~'_,-,''..,,,""~. . ,.
~ 9A
..
RESOLUTION NO. 2008-141
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO DECLARE A VACANCY ON
THE HABITAT CONSERVATION PLAN ADVISORY COMMITTEE
WHEREAS, pursuant to Resolution No. 2006-41, the Board of County
Commissioners re-established the Habitat Conservation Plan Advisory Committee as an
ad hoc committee and provided that this Committee be composed of thirteen (13)
members; and
WHEREAS, Collier County Ordinance No. 2001-55, as amended, provides that any if
board member who is absent for 2 consecutive meetings without a satisfactory excuse
acceptable to the Board Chairperson, the Board Chairperson shall state such fact at the
next board meeting and if the Commission concurs with the Chairperson's notification,
the Commission shall declare the board member's position to be vacant; and
WHEREAS, Christian M. Spilker has had a number of unexcused consecutive
absences from this Committee; and
WHEREAS, the Habitat Conservation Plan Advisory Committee is requesting that
the Board of County Commissioners declare the seat held by Christian M. Spilker to be
vacant on their Committee.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN1Y
COMMISSIONERS OF COLLIER COUN1Y, FLORIDA, that the seat previously occupied by
Christian M. Spilker is hereby declared to be vacant on the Habitat Conservation Plan
Advisory Committee.
This Resolution adopted after motion, second and majority vote.
DATED: May 13, 2008
ATTEST:
DWIGHT E. BROCK, Clerk
.r'
,
BOARD OF COUN1Y COMMISSIONERS
COLLIER COUN1Y, FLORIDA
L'{,
B= to~lt~le~C.
It~ onl-
"J.. t. '
By:
TOM H
Approved as to form and
legal ufficiency:
J effr
Coun
Item # qA-
~;~;da t:5 -/?rt;8
Date S-1l9-o&
Rec'd
CP:08-BCC-00435;
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP' 9 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 Oftice only after the Board has taken actioll 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
0,.,
excention of the Chairman's sip-nature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
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 I:; the holder of the original document rending 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/he addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC oUice only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
Agenda Item Number
Extension 8400
9B
Ves
(Initial)
N/A (Not
A licable)
Phone Number
'5 Office
Resolution
Number of Original
Documents Attached
@
N/A
@
I: Forms/ County Forms/ Bec Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
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 legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCe Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date 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 BeC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
2.
3.
4.
5.
6.
_ 98
RESOLUTION NO. 2008-142
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT LIONEL
L'ESPERANCE TO THE COLLIER COUNTY CODE ENFORCEMENT
BOARD.
WHEREAS, Collier County Ordinance No. 2007-44 provides that the Collier County
Code Enforcement Boards shall consist of seven regular members and two alternate
members; and
WHEREAS, there is currently a vacancy on this Board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Lionel L'Esperance,
representing the category of Realtor, is hereby appointed to the Collier County Code
Enforcement Board to fulfill the remainder of the vacant term, said term to expire on
February 14, 2010.
This Resolution adopted after motion, second and majority vote.
DATED: May 13, 2008
ATTEST:
DWIGHT E. BROCK, Clerk
~, .~ '.~ . I
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By L~
TOM HENNING, Chairman
By: .'
Attesi' a,
s fOllatUr\'1~1~"
Approved as to form and
legal ffici nc'y':
CP:08-8CC-00433;2
Ifem# ~
~g:nda '5i?-A 0
Delle _~O
Date 51~ -00
Rec'd CI
r-'--.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIt. 9 C
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 OtTicc. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Bomd 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 sh'nature, draw a line throul!h routinl! lines # I thrOlmh #4, comnlete the checklist, and forward to Sue Filson line #5),
Route to Addressee(s) Office Iuitials Date
(List in routinp- order)
1.
2.
3.
4.
5. Sue Filson. Executive Manager Board 0 f County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending ACe apllfClval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one orthe addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Chairman's signature are 10 be delivered to the BCe office only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
Phone Number
's (lllice
Agenda Item Number
Resolution
Number of Original
Documents Attached
Extension 8400
9C
Yes
(Initial)
N/A (Not
A licable)
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 fTom ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been hIlly executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require f()rwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved hy the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chao es, if a licable.
~
N/A
I: Forms! County Fonns! Bce Fonns! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
2.
3.
4.
5.
6.
t. 9C
RESOLUTION NO. 2008-143
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, APPOINTING TERRY JERULLE
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; 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 COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Terry Jerulle, representing the
category of 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: May 13, 2008
ATTEST:
DWIGHT E. BROCK, Clerk
.[
By: ~....~La(.
~ ;;,..~ Cleck
.f9/flturton I. "',,, '. '. il I
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
/~
BY:-)~ ""
TOM HENNING, Chairman
Approved as to form and
lega sufficiency:
CP:08-8CC-00430;2
Item# ~
~~~;ja513 -0&
~:~~d 5-1(p-(t
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP t 9 0
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pmk paper. Attach to original document. Original documcnlS should be hlmd delivered to the Board Oftkc. 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 touting 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 signature, draw a line through routing tines #] through #4, comnletc the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin!! order)
1.
2.
3.
4.
5. Sue Filson. Executive Manager Board of Cmmty Commissioners
6. Minutes and Records Clerk of Co oct's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending ACe approval. Normally thc primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the BeC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
's Office
Agenda Item Number
Extension 8400
9D
Yes
(Initial)
N/A (Not
A licable)
Resolution
Number of Original
Documents Attached
@
N/A
I: Forms! County Fonns! BCC Forms! Original Documents Ronting Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro date.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters. must be reviewed and signed
by the Office of the County Attorney. This includes signature pages trom ordinances,
resolutions. etc. signed by the County Attorney's Office and signature pages trom
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 tbe Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (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.
2.
3.
4.
5.
6.
~9D ~.,.
RESOLUTION NO. 2008-144
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT AND
REAPPOINT MEMBERS TO THE ANIMAL SERVICES ADVISORY
BOARD.
WHEREAS, on January 27, 2004, the Board of County Commissioners adopted
Collier County Ordinance No. 2004-06, establishing the Animal Services Advisory Board;
and
WHEREAS, there are currently vacancies on this Board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Animal Services Advisory Board has provided the Board of County
Commissioners with its recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. W. Thomas Kepp, Jr., representing the Humane Society of Collier County, is
hereby reappointed to the Animal Services Advisory Board for a four-year term, said
term to expire on April 13, 2012.
2. James Rich, representing the At Large category, is hereby appointed to the
Animal Services Advisory Board for a four-year term, said term to expire on April 13,
2012.
3. Ruth Eisele, representing the Veterinarian or Vet Tech category, is hereby
appointed to the Animal Services Advisory Board for a four-year term, said term to
expire on April 13, 2012.
This Resolution adopted after motion, second and majority vote.
DATED: May 13, 2008
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.'
By:
TOM
By:::'
6., 'II to)l~ ty Clerk
.tCiilaturt\,.u' I
Aj:frOV~d asTd'fQrJll and
le~1 ffi", y:
I
,
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I ;~";:;i'21~
I IV", 1S1(D-08
Reed ----
08-BCC-00432;2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIt 9 E ). 'j
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pmk paper. Attach to original document. Original documents should be hmld delivered to the Board Office. The completed routing slip and original
documents are to he forwarded to the Board OJl1ce only after the Board has tak~n action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures. dates, and/or information needed. If the document is already complete with the
excention of the Chairman's signature, draw a line throu!!h routim>: lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routinp 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 oflhc 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 orlhc 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 he 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
Kay Nell, CLA
Collier Count Attorney's Ottice
May 13,2008
Phone Number
Agenda Item Number
Extension 8400
9E
Yes
(Initial)
N/A (Not
A licable)
Resolution
Number of Original
Documents Attached
w
N/A
I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised] .26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficicncy. (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 trom
contracts, agreements, etc. that have been fully executcd by all parties except the BCC
Chairman and Clerk to the Board and ossib1 State Omcials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the Bce Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval ofthe
document or the final ne "'otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
Sl nature and initials arc re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BeC ottice within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BeC's actions are nullified. Be aware of your deadlines!
The document was approved hy the BCe on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne '5 Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
, 9 E ~~
RESOLUTION NO. 2008-145
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO APPOINT WILLIAM GONNERING TO
THE VANDERBILT BEACH BEAUTIFICATION ADVISORY COMMITTEE.
WHEREAS, Ordinance No. 2001-43, establishing the Vanderbilt Beach Beautification
Advisory Committee, provides that this Committee shall be composed of five (5)
members that reside within the MSTU; 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 Vanderbilt Beach Beautification Advisory Committee has provided to
the Board of County Commissioners its recommendation for appointment; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that William Gonnering meets the prerequisites for
appointment and is hereby appointed to the Vanderbilt Beach Beautification Advisory
Committee to fulfill the remainder of the vacant term, said term to expire on November
13, 2011.
This Resolution adopted after motion, second and majority vote.
DATED: May 13, 2008
ATTEST:
DWIGHT E. BROCK, Clerk
'\:'/ ;"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,0~')
.
By: "
MbrA IS to'
110natart on].
Approved as to form and
leg~ sufficiency:
, ,
By:
TOM HENNING, hairman
Ii
Jeffr: y . KI kow
Cou ty Atto ey
CP:08-BCC-00431;2
Item # qf
~;g;"da 5-t3-^O
I._dle ~
8;;/0 f=-" ~
Re;d -:..J IlP-oo
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
t 9F
" . It
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 Oaice 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. Tfthe document is already complete with the
excention of the Chairman's shmature, draw a line throue:h routine: lines # 1 throue:h #4, comnlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Offiee Initials Date
(List in wulinp" 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 BCC Chairm1m's signature are to be delivered to the BCC ofiice only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
's Office
Agenda Item Number
Extension 8400
9F
Yes
(Initial)
N/A (Not
A Iicable)
Resolution
Number of Original
Documents Attached
&
N/A
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
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 tully 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 nc otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials arc re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bec 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 hy the BCC on (enter date) and all changes
made during the meetiog have heen incorporated in the attached document. The
Count Attorne 's Office has reviewed the chao es, if a licable.
2.
3.
4.
5.
6.
'9F
RESOLUTION NO. 2008-146
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT AND CONFIRM
THE APPOINTMENT OF MEMBERS 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 are currently vacancies on this Council, including a representative
from the Collier County Fire Chiefs' Association; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Emergency Medical Services Advisory Council and the Collier County
Fire Chiefs' Association has provided the Board of County Commissioners with its
recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. James N. Hampton, representing Commission District 2, 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, 2009.
2. Robert Metzger, representing the Collier County Fire Chiefs' Association, is
hereby confirmed and appointed to the Emergency Medical Services Advisory Council to
fulfill the remainder of the vacant term plus an additional three-year term, said term to
expire on August 31,2011.
This Resolution adopted after motion, second and majority vote.
DATED: May 13, 2008
ATTEST:
DWIGHTEJ?Rfil~ (;,Ierk
!~~,~>::. ""L", Lp
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY'-~a~r L-
ItgnitliN, :01\ 1.
By:
TOM HENNING, Chairman
Approved as to form and
legal sufficiency:
Jeff y A. atzkow
Cou ty Arney
Item #
9F
Agenda ~ 1~~Ct
Date .=L.LL.VCI
Dal~ '3'"110--0&
Reed
CP: 08-BCC -004 29; 2
loB
tJJ.X't ffpYfe;v
TOURIST DEVELOPMENT CATEGORY "A" FUNDING POLlCY
(Approved by Board of County Commissioners II-I-OS)
1. Use of TDC Catel!orv "A" fund,. To finance beach park facilities or beach improvemcnt,
maintenance, renourishment, restoration and erosion control, including pass and inlet
maintenance, shoreline protection, enhanecmcnt, cleanup or restoration of inland lakes and rivers
to which there is public access, as these relate to the physical preservation of the beach, shoreline
or inland lake or river. (Code of Ordinances, ~ivision 3. Sec. 126-83.)
2. Source of other fimds. Federal or State funds arc desirablc and should be diligently pursued.
i - 3. Mandatory annual budget allocation offunds and maintenance of reserves.
a. Catastrophe reserves shall be accumulated in the budget with $IM in 2004 plus_
$0.5M per year thereafter (up to a maximum of$IOM). In the event ofa catastrophe 1
requiring thc expenditure of all or part of these reserves, $0.5M will continue to be set ~
aside. -
b. Major renourishmcnt reservcs shall be accumulated in the budget with $21'1 per year']
after the completion of thc major renourishment project eurrcntly in planning and
permitting (as of September 2005; projccted to start setting aside funds in FY 2007).
c. Beach park facilitics (including beach access propelty acquisition) shall be funded]
annually in an amount equal to one-third of the TOC Category "A" revenues.
d. Remaining funds may be used for eligible grant applications as outlined in the policy
below.
4. E/il!ibilitv. Eligible beach areas qualify for Category "A" funding. An "cligible beach area" is:
a. Accessible to the public; and
b. No more than onc-half mile from a public beach park facility, public access point,
hotel or motel and if at least 80% of a beach area is classified as eligible, otherwise ineligible
gaps will be dcemcd eligible.
5. Ineligible beach areas:
a. Beach areas not meeting the critcria tor eligibility of paragraph 4. above, are
not eligihle for Category "A" funding. Renourishment or maintenance of these
beach areas are the responsibility of adjacent property owners.
b. An area of an ineligible beach that is subjcct to high crosion, with the
recommcndation of the Coastal Advisory Committee and determination by the
Board of County Commissioners as being in the public interest, may have
crosion control structures installed, with Category "A" funding.
Exhibit A
.ID/!;
~(fff reprkJu
6. Inlet Sand Bypassing. The bypassing of sand across inlets may be funded by Tourist
Development Tax Category "A" funding provided the Inlet Management Plan reconunends the
bypassing, the dredging of the pass or inlet is recommended by the Coastal Advisory Committee,
meets thc inlct funding policy critcria and is approved by the Board of County Commissioners as
being in the in the publie interest. No TDC Category "A" funding will be approved for dredging
non-beaeh compatible material except when encountercd during an approved realignment or
modification to an existing approved pass/inlet dredging project and then only when
recommcnded by the Coastal Advisory Committec, Tourist Development Council and approvcd
by the Board of County Commissioners as being in the public interest.
7. Shore protection structures and project sponsorship. Projects, including construction and
maintenanec of shore protection structures (groins, jetties, breakwaters, etc.), may be funded by
Category "A" funding for cligible beachcs. However, 'owncrship' responsibilities must rcst with
an entity other than "Tourist Development Taxes" - i.e. there must be a project sponsor (private
interests, taxing districts, municipalities or County Departmcnts other than those fundcd with
Tourist Development Taxes).
8. Grant Apvlication Review. The Coastal Advisory Committee and the Parks and Recreation
Advisory Board will prcpare and maintain a proposed prioritized annual spcnding plan for thc
usc of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed
plans will be submittcd to the Board of County Commissioners (BCC) for thcir eonsidcration and
approval, via thc TOe. These submissions will coincide with the annual Collicr County budget
cyelc. The Coastal Advisory Committee will review all requests for Tourist Development Tax
CategOlY "A" funds, with the exception of County maintained beach park facilities that will be
handled by the Parks and Recreation Advisory Board. Both advisory boards will make
recommendations for approval, denial or modification to thc BCC, via the TDC, consistent with
the BCC establishcd policy for use ofthcsc funds.
Exhibit A
<
~
I
MEMORANDUM
Date:
June 6, 2008
To:
Scott Johnson
Purchasing Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract #08-5035
"Building F Generator & Electrical Upgrade"
Contractor: Southeastern Communication Service, Inc.
Attached are one (1) original contracts of the above referenced
document (Agenda Item #10G), approved by the Board of County
Commissioners on Tuesday, May 13, 2008.
We have retained an original in the Minutes and Records Department.
If you should have any questions, please contact me at 252-8411.
Thank you.
Attachments
lOG
w
I
ITEM NO.:
, !~_L' j"
.. ,(h JtJn' A ~~i.)~~7
,/ I ~"'''-:'''-It:
DATE RECE~rlI?i..
'" JC., -5 n;.1 ()"'
,,,./,. 2
FILE NO.:
/)
U
ROUTED TO:
. DO NOT WRITE ABOVE THIS LINE
..). . V
l!.a~.~ ?
I
REQUEST FOR LEGAL SERVICES
Date:
June 3, 2008
To:
Robert Zachary
Assistant County A
From:
Scott D. Johnson,
Purchasing Agent
Re:
Contract #08-5035 "Building F Generator & Electrical Upgrade"
Contractor: Southeastern Communication Service, Inc.
BACKGROUND OF. REQUEST:
This contract was approved by the BCC on May 13, 2008
Agenda Item: 10.G
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.
/'C/~
L r ou
G/'?-
lOG
w
.
lOG
CHECKLIST FOR REVIEWING CONTRACTS
Entity Name: S~4..117M'L< ~/~hl!7q.()~~ ~
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &/or Project referenced on Certificate?
Certificate Holder name correct (BCe)?
Commercial General Liability
General Aggregate Required $ .______
Products/Compl/Op Required $ ._______
Personal & Advert Required $_
Each Occurrence Required $______
Fire/Prop Damage Required $__..
Automobile Liability
Bodily Inj & Prop Required $ ____ __ Provided $ .J,HP7.~!J-
Workers Compensation
Each accident Required $__
Disease Aggregate Required $_____
Disease Each Empl ReqUIred $ _
Umbrella Liability
Each Occurrence Provided $ r; '6.0..01'0
Aggregate Provided $ ~Il'.p.
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occurrence Requucd $ __
Per Aggregate Required $
Other Insurance
Each Occur Type:___ ReqUIred $
County required to be named as additional insured?
County named as additional insured?
Entity name correct on contract?
Entity registered with FL See. of State.'
Indemnification
Does indemnification meet County standards?
Is County indenmifying other party?
~Ycs
-..L Yes
_J/"_ Yes
_ v__Yes
\L'Yes
~Yes
Provided $ ~"I cOt?
Provided $4~0-
Provided $ f J ID"~, ~~_
Provided $ ~p.'.f)_
Provided $
-----.------
Provided $ '. "... "'0
Provided $ :_~~_____ -_~.."-
Provided $ l'
i
No
No
No
No
No
='L_No e'll'li~r Co.
fHv €rMl <e#
Exp. Date sf,.I ""_
Exp. Date ------!-'__
Exp. Date __~__
Exp. Date __~,__
Exp. Date___.___
Exp Date__~_
Exp Date ---y*-__
Exp Date __~___
Exp Date ___'
Exp Date {) I I J"___
Exp Date \. I
__v_Yes
Provided $
Yes
VYes
Yes
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date of bond ___J-tA,{ 2-": ~"'~.
Does dollar amount match contract?
Agent registered in Florida?
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
Attachments
Are all required attachments included?
__>L.. Yes
_~es
--'.L Yes
Yes
Yes
Yes
vYes
vYes
V_Yes
._V_ Yes
--v:'-- Yes
No
Exp. Date
Exp. Date
Exp Date _
No
No
No
..k'"" No
No
No
No
1
.
/No
No
:::z No
No
No
No
No
No
--:~:wer Initials:~
[""~S
04-COA- 03 1222
wwwsunbiz.org - Department of State
lOG Page }IQ?2
Home
Contact Us
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Events Name History Entity Name Search
Detail by Entity Name
Florida Profit Corporation
SOUTHEASTERN COMMUNICATION SERVICE, INC.
Filing Information
Document Number P98000033254
FEI Number 650829440
Date Filed 04/10/1998
State FL
Status ACTIVE
Last Event NAME CHANGE AMENDMENT
Event Date Filed 05/11/1998
Event Effective Date NONE
Principal Address
2017 CATTLEMEN RD.
SARASOTA FL 34232
Mailing Address
2017 CATTLEMEN RD.
SARASOTA FL 34232
Registered Agent Name & Address
LESTER, CHRISTOPHER P
2017 CATTLEMEN RD.
SARASOTA FL 34232
Name Changed: 02/02/2007
OfficerlDirector Detail
Name & Address
Tille D
LESTER, CHRISTOPHER P
2017 CATTLEMEN RD.
SARASOTA FL 34232
TilleT
HEATER, JOSEPH A
ONE EAST UWCHLAN AVE., SUITE 301
EXTON PA 19341
TitleS
HIDALGO, ANDREW
ONE EAST UWCHLAN AVE., SUITE 301
http://ccfcorp.dos.state. fl. us/scripts/cordet.exe?action=D ETFI L&inq_ doc _ number=P9800003 3254... 6/5/2008
lOG
Memorandum
DATE:
June 3, 2008
TO:
Ray Carter, Manager
Risk Management Department
FROM:
Scott D. Johnson, Purchasing Agent
Purchasing Department
RE:
Review of Insurance for: #08-5035 "Building F Generator
& Electrical Upgrade"
Contractor: Southeastcrn Communication Scrvice, Inc.
This Contract was approved by the BCC on May 13,2008 Agenda 10.G
Please review the Insurance Certiticate and Payment and Performance Bonds in this
Agreement for the referenced Contract. If everything is acceptable, please forward to the
County Attorney for turther review and approval. I would appreciatc it if you would
advise me when it has been torwarded.
cc: Mark Callis, Facilities Management
~h!
. &f illOb
If you have any questions, please contact me at 239/252-8995.
lOG
Building F Generator & Electrical Upgrade
COLLIER COUNTY BID NO. 08-5035
COLLIER COUNTY, FLORIDA
Design Professional:
Thomas J. Lepore, P.E.
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
TABLE OF CONTENTS
lOG
A PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Thomas J. Lepore, P.E.
and identified as follows: Building F Generator & Electrical Upgrade
as shown on Plan Sheets 1 through 6.
EXHIBIT N: Contractor's List of Key Personnel
lOG
#:.11
"4f.,
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Building F Generator & Electrical Upgrade
COUNTY BID NO. 08-5035
Separate sealed bids for the construction of Building F Generator & Electrical Upgrade,
addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier
County Government Complex, 3301 Tamiami Trail East, Purchasing Building,
Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the
16th day of January, 2008, at which time all bids will be publicly opened and read
aloud. Any bids received after the time and date specified will not be accepted and
shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 3rd
day of January, 2008, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Building F Generator & Electrical Upgrade Bid No. 08-
5035 and Bid Date of January 16, 2008". No bid shall be considered unless it is made
on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule
(GC-P-1 through GC-P-12) shall be removed from the Bidding Documents prior to
submittal.
One contract will be awarded for all Work. Bidding Documents may be examined at the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida
34112. Copies of the Bidding Documents may be obtained only at the Collier County
Purchasing Department E-Procurement site: www.collierqov.neUbid. Bidding
Documents obtained from sources other than Collier County Purchasing Department
may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida.
GC-PN-1
lOG
Further, the said surety or insurance company shall be duly licensed and qualified to do
business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and
Performance Bonds must file with each bond a certified and effective dated copy of their
Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred twenty (120) calendar days from and after the Commencement Date specified
in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 13th day of December.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Isl Stephen Y. Carnell, C.P.M.
Purchasing and General Services Director
GC-PN-2
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PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
GC-IB-1
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location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Reauirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Riaht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
GC-IB-2
Section 5. SianinQ of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
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4
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
GC-IB-3
'">. ....
I" I,
t" I
l::..L '~l
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Reauirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
GC-IBA
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Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
GC-IB-5
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~
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as 'The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
GC-IB-6
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subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entitv Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287. 133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list"
GC-IB-7
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING
NAPLES, FLORIDA 34112
(239) 252-8407
FAX (239) 252-6588
IOu
http://colliergov . net
ADDENDUM
DATE:
January 11, 2008
TO:
FROM:
Interested Bidders Oft I
Scott D. Johnson !fI0
Addendum # 2 - Bid # 08-5035
"Building F Generator & Electrical Upgrade"
SUBJECT:
Addendum #2 covers the following change for the above-referenced Bid:
Replace: the Contract Proposal (pages GC-P-2) from the original packet with the
attached revised Proposal Pages. Bidders must use the Addendum
Proposal Page in order to be considered for award.
If you require additional information please call Mark Callis, Facilities Management
Department at 239/774-8380 or me at 239/774-8995 or bye-mail at
ScottJohnson@colliergov.net.
NOTE: Words struck through have been deleted, words underlined have been added.
cc: Mark Callis
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-,
08-5035 Revised Bid schedule
ALTERNATE NO.1 (PORTABLE GENERATOR)
PROVIDE A 500KW DIESEL STANDBY EMERGENCY GENERA TOR WITH A FUEL
TANK 24 HOUR RUN TIME AT 75% LOAD FOR THE DURATION OF THE PROJECT.
THE GENERATOR SHALL HAVE A 400 AMP AND A 600 AMP CIRCUIT BREAKER.
FUEL WILL BE SUPPLIED BY OWNER.
PROVIDE CONTROL WIRING FOR AUTOMATIC START.
PROVIDE DATA REGARDING GENERATOR SPECIFICATIONS, TOTAL RUNTIME AND
MAINTENANCE RECORDS TO ENGINEER FOR APPROVAL
$
UNIT PRICING
PROVIDE UNIT PRICE FOR COMPLETE CONCRETE DUCT BANK FROM EXISTING
SUBSTATION BUILDING TO NEW ELECTRICAL ROOM. INCLUDED SHALL BE (4) 4"
PVC SCHEDULE 40 PVC CONDUITS, FITTINGS, BELL ENDS, CONDUIT SPACERS AND
STEEL REINFORCING. ALSO INCLUDE (3) MANHOLES AS SHOWN ON DRAWINGS
AND (I) FUTURE POSSIBLE MANHOLE. PROVIDE FOR TRENCHING, BACKFILL AND
FINAL GRADING. INCLUDE A LENGTII OF 300 FEET IN BID.
Unit Price #1 Duct Bank Installed Per Linear Feet $
Unit Price #2 Manhole $
PROVIDE PRICE FOR FEEDERS AND CONTROL INTERFACE BETWEEN NEW
OUTDOOR PERMANENT EMERGENCY GENERA TOR AND PROPOSED NEW
ELECTRICAL ROOM. PRICING SHALL INCLUDE BUT NOT LIMITED TO ALL
ASSOCIATED WIRE, DIRECT BURIAL SCHEDULE 80 PVC CONDUIT, FITTINGS AND
TERMINATIONS FOR A COMPLETE AND OPERABLE SYSTEM. PROVIDE FOR
TRENCHING, BACKFILL, COMPACTION, FINAL GRADING, PAVEMENT REPAIR AND
RESURF ACING. INCLUDE A LENGTH OF 170 FEET IN BID.
Unit Price #3 Generator, Feeder and Control Installed
$
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMl TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING
NAPLES, FLORIDA 34112
(239) 252-8407
FAX (239) 252-6588
lOG
q
http://colliergov . net
ADDENDUM
DATE:
January' 111 2008
FROM:
Interested Bidders~k I
Scott D. JOhnson.
Addendum # 1 - Bid # 08-5035
"Building F Generator & Electrical Upgrade"
TO:
SUBJECT:
Addendum #1 covers the following change for the above-referenced Bid:
Change:
1. New bid opening date; January 23, 2008 @ 2:30 p.m.
2. Final completion timeframe shall be two hundred ten (210) days from the notice
to proceed
Add: Please review the attachment "Revision A", 10 drawing pages
Replace: the Contract Proposal (pages GC-P-1) from the original packet with the
attached revised Proposal Pages. Bidders must use the Addendum
Proposal Page in order to be considered for award.
If you require additional information please call Mark Callis, Facilities Management
Department at 239/774-8380 or me at 239/774-8995 or bye-mail at
ScottJohnson@colliergov.net.
NOTE: Words stFHGk-t-l1Fough-have been deleted, words underlined have been added.
cc: Mark Callis
08-5035 Revised Bid schedule
lOG
ALTERNATE NO.1 (PORTABLE GENERATOR)
PROVIDE A 500KW DIESEL STANDBY EMERGENCY GENERATOR WITH A FUEL
TANK 24 HOUR RUN TIME AT 75% LOAD FOR THE DURATION OF THE PROJECT.
THE GENERATOR SHALL HAVE A 400 AMP AND A 600 AMP CIRCUIT BREAKER.
FUEL WILL BE SUPPLIED BY OWNER.
PROVIDE CONTROL WIRING FOR AUTOMATIC START.
PROVIDE DATA REGARDING GENERATOR SPECIFICATIONS, TOTAL RUNTIME AND
MAINTENANCE RECORDS TO ENGINEER FOR APPROV At.
$
UNIT PRICING
PROVIDE UNIT PRICE FOR COMPLETE CONCRETE DUCT BANK FROM EXISTING
SUBSTATION BUILDING TO NEW ELECTRICAL ROOM. INCLUDED SHALL BE (4) 4"
PVC SCHEDULE 40 PVC CONDUITS, FITTINGS, BELL ENDS, CONDUIT SPACERS AND
STEEL REINFORCING. ALSO INCLUDE (3) MANHOLES AS SHOWN ON DRAWINGS
AND (I) FUTURE POSSIBLE MANHOLE. PROVIDE FOR TRENCHING, BACKFILL AND
FINAL GRADING. INCLUDE A LENGTH OF 300 FEET IN BID.
Unit Price #1 Duct Bank Installed Per Linear Feet $
Unit Price #2 Manhole $
PROVIDE UNIT PRICE FOR FEEDERS AND CONTROL INTERFACE BETWEEN NEW
OUTDOOR PERMANENT EMERGENCY GENERA TOR AND PROPOSED NEW
ELECTRICAL ROOM. PRICING SHALL INCLUDE BUT NOT LIMITED TO ALL
ASSOCIATED WIRE, DIRECT BURIAL SCHEDULE 80 PVC CONDUIT, FITTINGS AND
TERMINA TraNS FOR A COMPLETE AND OPERABLE SYSTEM. PROVIDE FOR
TRENCHING, BACKFILL, COMPACTION, FINAL GRADING, PAVEMENT REPAIR AND
RESURFACING. INCLUDE A LENGTH OF 170 FEET IN BID.
Unit Price #3 Generator Feeder and Contro] Installed Per Linear Feet
$
ALTERNATE NO.1 (PORTABLE GENERATOR)
, V
PROVIDE A 500KW DIESEL STANDBY EMERGENCY GENERATOR
WITH A FUEL TANK 24 HOUR RUN TIME AT 75% LOAD FOR
THE DURATION OF THE PROJECT. THE GENERATOR SHALL HAVE
A 400 AMP AND A 600 AMP CIRCUIT BREAKER. FUEL WILL BE
SUPPLIED BY OWNER.
PROVIDE CONTROL WIRING FOR AUTOMATIC START.
PROVIDE DATA REGARDING GENERATOR SPECIFICATIONS,
TOTAL RUNTIME AND MAINTENANCE RECORDS TO ENGINEER
FOR APPROVAL.
UNIT PRICING
PROVIDE UNIT PRICE FOR COMPLETE CONCRETE DUCT BANK FROM
EXISTING SUBSTATION BUILDING TO NEW ELECTRICAL ROOM.
INCLUDED SHALL BE (4) 4" PVC SCHEDULE 40 PVC CONDUITS, FITTINGS,
BELL ENDS, CONDUIT SPACERS AND STEEL REINFORCING. ALSO INCLUDE
(3) MANHOLES AS SHOWN ON DRAWINGS AND (1) FUTURE POSSIBLE
MANHOLE. PROVIDE FOR TRENCHING, BACKFILL AND FINAL GRADING.
INCLUDE A LENGTH OF 300 FEET IN BID.
PROVIDE UNIT PRICE FOR FEEDERS AND CONTROL INTERFACE BETWEEN
NEW OUTDOOR PERMANENT EMERGENCY GENERATOR AND PROPOSED
NEW ELECTRICAL ROOM. PRICING SHALL INCLUDE BUT NOT LIMITED TO ALL
ASSOCIATED WIRE, DIRECT BURIAL SCHEDULE 80 PVC CONDUIT, FITTINGS
AND TERMINATIONS FOR A COMPLETE AND OPERABLE SYSTEM. PROVIDE
FOR TRENCHING, BACKFILL, COMPACTION, FINAL GRADING, PAVEMENT
REPAIR AND RESURFACING. INCLUDE A LENGTH OF 170 FEET IN BID.
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LIST OF DRAWINGS:
G-1 - PROPOSED ELECTRICALROOMK PLAN & EMERGENCY
GENERATOR ROOM DEMOLITION PLAN
G-2 - SITE PLAN
E-1 - EMERGENCY GENERATOR & MAIN ELECTRICAL
ROOM (EXISTING)
E-2 - EXISTING RISER DIAGRAM & DISTRIBUTION
PANEL SCHEDULES
E-3 - PROPOSED EMERGENCY GENERATOR & MAIN
ELECTRICAL ROOM PLAN
E-4 - PROPOSED RISER DIAGRAM & DISTRIBUTION
PANEL SCHEDULES
E-5 - GENERATOR SYSTEM SPECIFICATIONS AND
DETAILS
E-6 - SITE PLAN
M-1 - MECHANICAL PLAN
F-1 - FIRE ALARM PLAN & FIRE SPRINKLER PLAN
LETTER OF TRANSMITTAL
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PELICAN ENGINEERING CONSULTANTS, LLC
1660 Trade Center Way
Naples, Florida 34109
PHONE:
FAX:
(239) 597-7544
(239) 597-6363
Date:
Job No:
January 10, 2008
70406
TO:
Collier County Purchasing
3301 Tamiami Trail East, Building G
Naples, FL 34112
252-8995
Attention:
RE:
Scott D. Johnson, Purchasing Agent
Collier County Gov't Complex
Building F
WE ARE SENDING YOU
X Attached
Under separate cover via
the following items:
Copy of Letter
Specifications
Change Order
Originals
Electrical Drawings
Energy Calculations
Prints
Mechanical Drawings
~ Computer Disc
Shop Drawings
Plumbing Drawings
Return of Manual
COPIES DATE NO. DESCRIPTION
1 111 0/08 CD - PDF Files - Revision A Drawings CD - Rev A - 1/8/08 - PDF Files
THESE ARE TRANSMITTED as checked below:
X For Your Use
For Approval
X As Requested
For Review and Comment
Approved as Submitted
Approved as Noted
Returned for Corrections
Other:
Resubmit _ Copies for Approval
_ Submit _ Copies for Distribution
Return Corrected Prints
For Bids Due:
REMARKS:
COPIES TO: File
SIGNED:
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
lOG
Building F Generator & Electrical Upgrade
BID NO. 08-5035
Full Name of Bidder Southeastern Corrunnnication Service, Inc.
Main Business Address 2017 Cattlemen Rd., Sarasota, FL 34232
Place of Business
Sarasota, FL 34232
Telephone No.
941.378.0080
Fax No. 941.378.0811
State Contractor's License #
CGC062366
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
ORIGINAL
GC-P-1
08-5035 Revised Bid schedule
lOG
ALTERNATE NO.1 (PORTABLE GENERATOR)
PROVIDE A 500KW DIESEL STANDBY EMERGENCY GENERATOR WITH A FUEL
TANK 24 HOUR RUN TIME AT 75% LOAD FOR THE DURATION OF THE PROJECT.
THE GENERA TOR SHALL HAVE A 400 AMP AND A 600 AMP CIRCUIT BREAKER.
FUEL WILL BE SUPPLIED BY OWNER.
PROVIDE CONTROL WIRING FOR AUTOMATIC START.
PROVIDE DATA REGARDING GENERATOR SPECIFICATIONS, TOTAL RUNTIME AND
MAINTENANCE RECORDS TO ENGINEER FOR APPROVAL.
$ 94,650.00
UNIT PRICING
PROVIDE UNIT PRICE FOR COMPLETE CONCRETE DUCT BANK FROM EXISTING
SUBSTATION BUILDING TO NEW ELECTRICAL ROOM. INCLUDED SHALL BE (4) 4"
PVC SCHEDULE 40 PVC CONDUITS, FITTINGS, BELL ENDS, CONDUIT SPACERS AND
STEEL REINFORCING. ALSO INCLUDE (3) MANHOLES AS SHOWN ON DRAWINGS
AND (I) FUTURE POSSIBLE MANHOLE. PROVIDE FOR TRENCHING, BACKFILL AND
FINAL GRADING. INCLUDE A LENGTH OF 300 FEET IN BID.
Unit Price #1 Duct Bank Installed Per Linear Feet $ 768.00/LF ($230,400.00 for 300 LF)
Unit Price #2 Manhole $ 14,000.00
PROVIDE PRICE FOR FEEDERS AND CONTROL INTERFACE BETWEEN NEW
OUTDOOR PERMANENT EMERGENCY GENERATOR AND PROPOSED NEW
ELECTRICAL ROOM. PRICING SHALL INCLUDE BUT NOT LIMITED TO ALL
ASSOCIATED WIRE, DIRECT BURIAL SCHEDULE 80 PVC CONDUIT, FITTINGS AND
TERMINATIONS FOR A COMPLETE AND OPERABLE SYSTEM. PROVIDE FOR
TRENCHING, BACKFILL, COMPACTION, FINAL GRADING, PAVEMENT REPAIR AND
RESURFACING. INCLUDE A LENGTH OF 170 FEET IN BID.
Unit Price #3 Generator, Feeder and Control Installed
$ 915,835.00
MATERIAL MANUFACTURERS
lOG
.~
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL
MANUFACTURER
1.
Panels w / TIlSS
Square D Company
2.
Generator & ATS
Currmins Power Generation, Inc.
3.
Manholes
Oldcastle Precast, Inc.
4.
Fire Pump Controller
Joslyn Clark Corporation
5.
AC Unit
Carrier
Dated 1/17 /08
Southeastern Oommunication Service, Inc.
'dder
BY:
GC-P-3
LIST OF SUBCONTRACTORS
lOG
4
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
Cateqorv of Work
Subcontractor and Address
1.
Electrical installations
HAM Services, LIe
2.
Concrete & civil
3310 Bobcat Trail, Lake Wales FL 33898
Start To Finish Construction, Inc.
3.
5245 Wauchula Rd., Myakka City FL 34251
AC installation
Custom Air
4.
6384 Power Ln., Sarasota FL 34240
Fire pump control & alann instal.
Buildinq Svstems Evaluations, Inc.
3056 Palm Ave., Ft. Myers FL 33901
5,
Dated 1/17 /08
Southeastern Communication Service, Inc.
'dder
BY:
GC-P-4
lOG
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Project and Location
Reference
1.
I~95 Generators, var FL locations
2007 - ongoing
Florida Department of Transportation
2.
Randv Pierce 850.410.5608
Satellite Lift Station Generators
var locations, 2007
Manatee County
3.
Jeffery Mertens 941.708.7450
Sprint/Nextel Site Generators
var locations, 2005 ~ ongoing
Vipperman Consulting, Inc.
4.
Claudine Vipperman 407.491.0872
Emergency Generator Installations
6 FL locations, 2004
Florida Department of Transportation
Nick Adams 850.410.5609
5.
Juno Police Dept Emergency Gen
2004
Town of Juno Beach
Matthew Pazanski 561.626.1122
6.
SR~6 Shelter/Generator Upgrade
Jennings, FL
Florida Department of Transportation
Randy Pierce 850.410.5608
Dated
1/17 /08
Southeastern Communication Service, Inc.
Bidder
BY:
GC-P-5
lOG
,}
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety
Measure
(Description)
1.
Manhole locations
trench sloping/
benching
Florida statute
553.63
Units of
Measure
(LF,SY)
Unit
(Quantity)
Unit
Cost
Extended
Cost
2.
3.
4.
5.
Sy
30
$3,000.00
$100.00
TOTAL
3,000.00
$
Failure to complete the above may result in the Bid being declared non-responsive.
Dated
1/22/08
Southeastern Communication Service, Inc.
Bidder
BY:
GC-P-6
lOG ~,~
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period, In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within ninety (90) consecutive
calendar days, computed by excluding the commencement date and including the last
day of such period, and to be fully completed to the point of final acceptance by the
Owner within one hundred twenty (120) consecutive calendar days after Substantial
Completion, computed by excluding commencement date and including the last day of
such period.
Respectfullv Submitted:
State of Florida
County of Sarasota
Christopher P. Lester , being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them,
Christopher P. Lester , also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
GC-P-7
lOG
(a) Corporation
The Bidder is a corporation organized and existing
Florida which operates under
Southeastern Corrununication Service, Inc.
officers are as follows:
under the laws of the State of
the legal name of
, and the full names of its
President Christopher P. Lester
Secretary Andy Hidalgo
Treasurer Joe Heater
Manager Tony Ankersrnit
The President is authorized to sign construction bids
and contracts for the company by action of its Board of Directors taken
July 19, 2006 ,a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
DATED
1/22/08
Southeastern Corrununication Service, Inc.
legal entity
GC-P-8
dM~~ t!J~~
Witness
;I~ ~ C---- )
Witness
BY: Christopher P. Lester
Name of Bidder (Typed)
lOG
Title
STATE OF Florida
COUNTY OF Sarasota
The foregoing instrument was acknowledged before me this 22ndday of January
200Jl ,8by Christopher P. Lester , as President
of Southeastern Corrununication Service, Inc.>._ a Florida corporation, on
behalf of the corporation. ~she i~personaTfYKnowrifci--me.>or has produced
----' as identification
and did (did not) take an oath,
~ 'c', 'J'>"\l""~"'a"',~"^_"'<.('.fc,,.,,,,;,
,.-;,\,,-,,''\P.[/..v'"''''''~c;'''r 'r " '~'-T:-~;BS'~
~,~Jf~~I}>~;~;c~:~;';,!,;{~Ci, ~ NAME:
~~,:';";;~':'~;":'~'"J"-;'V\l"'N'>V"(V\"""v'.r\..
n/ ~. ~/i t;)/t"~. ,...
If Lt. '} /. ~L' . ----
t..- /__.
(Sign ture of Notary)
My Commission Expires:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
GC-P-9
lOG
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Southeastern Communication
Service, Inc. (herein after called the Principal) and
Fidelitv and Deposit Company of Marvland ,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of Maryland with its principal offices in the city of Seattle, W A
and authorized to do business in the State of Florida are held and
firmly bound unto the Collier County Government
(hereinafter called the Owner), in the full and just sum of
Five Percent of the Total Amount Bid - - - - - - - - - - - - - - - dollars. ($ 5% of the Total Amou9.t
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as
Building F Generator & Electrical Upgrade
Bid No. 08-5035
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materiais and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ 1 .240.885 _ 00 noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect.
GC-P-10
lOG
~ "
.. ..j
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this 11th day of January , llOO'lX 2008
Southeastern Communication Service, Inc.
BY
'-fl~
i~\WQ~V
U
Local Resident Producing Agent for
Countersigned
Principal
(Seal)
Surety
Marina Tn ia, Attornev-in-Fact
~,' fdiV~tiA,L}~
(Seal)
Joseph M. Pietrangelo,
Resident Agent
Aon Risk Services, Inc. of Florida
lOCll Brickell Bay Drive, Suite 1100, Miami, FL 38131; (805) 961-6218
GC-P-11
lOG
~ 11
State of California
County of Los Angeles
On January 11. 2008 before me, M. Gonzales, Notary Public
personally appeared Marina Tapia personally known to me (or provcd
to me on the basis of satisfaetory c'/idence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that
he/she/tRey executed the same in ms/her/tfieff authorized capacity(ies), and that by
ms/her/tfieff signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
, .,~) '/7 // t....--,i ;'1 ,
" .. / l. /-='c:} f;~~r1 J_A "9
)
M. Gonzales, Notary Public
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
lOG
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said ~ny, which afe set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d (J Il!tihereby nominate,
constitute and appoint Marina TAPIA, of Los Angeles, California, its aw nt orney-in-Fact, to make,
execute, seal and deliver, for, and on its behalf as surety, and : 31 J;f d undertakings, and
the cxecutlOll of such bonds or undertakmgs In purs C1 en~\~ . g upon saId Company, as fully
and amply, to all mrents and purposes, a Wid 0 ';..~{f('~~'al: wledged by the regularly elected officers
of the Company at Its office III i, n1h~4f\~ ~ns ThIs power of attorney revokes that Issued on
behalf of Manna T4l!;!~ 6 . ~~
'fbe SaId ASs15tantt~ ~~~"do hat the extract set forth on the reverse sIde hereof IS a true copy of Article VI,
Sechon 2, of the By- a any, and IS now ill force
IN WITNESS W OF, the saId Vice-PresIdent and ASSIstant Secretary have hereunto subscnbed theIr names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 30th day of May,
AD. 2007.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
{!u~ p, /~
7- ,. .h
.c'cc.7zltt~id' 7/
,
47.-;';
/ "".
";/
Eric D. Barnes
By:
Assistant Secretary
Theodore G. Martinez
State of Maryland } ss:
City of BaltImore
On this 30th day of May, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant
Secretary oftbe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals
and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instmment is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Sea] the day and ye" fust abm'e
written.
B/r-c:J
Dennis R. Hayden Notary Public
My Commission Expires: February I, 2009
po/\-~ 0"i2-32658
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
10&
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
- - - - Bidder-should-check-off-each of-the following-items as-the-necessaryaction .is-completed: --
1, The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4, The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included,
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
~Bid Number;
~Project Name;
~Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified ooeninQ date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
.on Service, Inc.
DATE:
1/22/08
GC-P.12
Quotation
lOG
CUMMINS POWER SOUTH LLC
2671 Edison Ave,
Fort Myers FL 33916 United States
Direct: (239)337-1211
January 8, 2008
Project Name: Collier Co. Bldg, F
Quotation: 100532000000265675
Thank you for your inquiry. We ate pleased to quote as follows:
Item
OTPC400
A029-7
A035-7
A046-7
A044-7
A042-7
R026-7
B001-7
C024-7
D009-7
MOH-7
M018-7
M022-7
G007-7
CP01-7
SPEC-A
Start-up &
BTPC800
A029-7
A035-7
A046-7
A044-7
A042-7
Description
USD
Qty
Transfer Switch-Power Command: 300A/400A1600A
Ttansfer Switch-Onan,PwrCmd,400 Amp
Poles-4
Application-Utility To Genset
Listing-UL 1008/CSA Certification
Frequency-60 Hertz
System-3 Phase,3 Wire Or 4 Wire
Voltage-480 Vac
Cabinet-Type 1
Control- Transfer Switch,Level 2
Meters-Bat Graph Display
Switch,Key,Front Panel Security
Display-Digital
Monitoring-Load
Transfer Switch Warranty-5 Yr Comprehensive
Common Parts Listing
Product Revision - A
Training
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Bypass Transfer Switch-Power Command: 600A/800A11000A
Transfer Switch-Bypass.pwrCmd,800Amp
Poles-4
Application-Utility To Genset
Listing-UL 1008/CSA Certification
Frequency-60 Hertz
System-3 Phase,3 Wire Or 4 Wire
1
1
1
1
1
1
R026-7
B001-7
C024-7
0009-7
M017-7
M018-7
M022-7
M023-7
M007-7
G007-7
A050-7
CP01-7
SPEC-A
Start-up &
OTPC800
A029-7
A035-7
A046-7
A044-7
A042-7
R026-7
B001-7
C024-7
0009-7
M017-7
M018-7
M022-7
G007-7
CP01-7
SPEC-A
Start-up &
OTPC1200
A078-7
A029-7
A035-7
A046-7
A044-7
A042-7
R026-7
B025-7
C024-7
0009-7
Voltage-4BO Vac
Cabinet-Type 1
Control-Transfer Switch,Level 2
Meters-Bar Graph Display
Switch, Key, Front Panel Security
Display-Digital
Monitoring-Load
Module-Relay Signal
Load Shed-From Emergency
Transfer Switch Warranty-5 Yr Comprehensive
Packing-Wooden Crate
Common Parts Listing
Product Revision - A
Training
1
1
~ lOG
1
1
1
1
1
1
1
1
1
1
~;
Transfer Switch-Power Command: 800A/1000A
Transfer Switch-Onan,PwrCmd,BOO Amp
Poles-4
Application-Utility To Genset
Listing-UL 100B/CSA Certification
Frequency-60 Hertz
System-3 Phase,3 Wite Or 4 Wire
Voltage-4BO Vac
Cabinet-Type 1
Control-Transfer Switch,Level 2
Meters-Bat Graph Display
Switch,Key,Front Panel Security
Display-Digital
Monitoring-Load
Transfer Switch Warranty-5 Yr Comprehensive
Common Parts Listing
Product Revision - A
Ttaining
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Transfer Switch-Power Command: 1000A/1200A
Transfer Switch-Onan,PwrCmd, 1200 Amp
Transfer Mode-Delayed Transition
Poles-4
Application-Utility To Genset
Listing-UL 100B/CSA Certification
Frequency-60 Hertz
System-3 Phase,3 Wire Or 4 Wire
Voltage-4BO Vac
Cabinet-Type 4X Stainless
Control-Transfer Switch,Level 2
Meters-Bar Graph Display
1
1
1
1
1
1
1
1
1
1
1
M017-7
M018-7
M022-7
G007-7
A050-7
CP01-7
SPEC-C
Start-up &
OTPC400
A029-7
A035-7
A046-7
A044-7
A042-7
R026-7
B025-7
C024-7
D009-7
M017-7
M018-7
M022-7
G007-7
CP01-7
SPEC-A
Start-up &
Install-US-Stat
1000DQFAD
A331-2
L098-2
R002-2
B284-2
H611-2
H536-2
A362-2
H605-2
H606-2
K974-2
KP60-2
H679-2
A292-2
KP79-2
KP89-2
lOG
Switch, Key, Front Panel Security
Display-Digital
Monitoting-Load
Transfer Switch Warranty-5 Yr Comprehensive
Packing-Wooden Crate
Common Parts Listing
Product Revision - C
Training
1
1
1
1
1
1
1
1
Transfer Switch-Power Command: 300A/400A1600A
Transfer Switch-Onan,PwrCmd,400 Amp
Poles-4
Application-Utility To Genset
Listing-UL 1 008/CSA Certification
Frequency-60 Hertz
System-3 Phase,3 Wite Or 4 Wire
Vo!tage-480 Vac
Cabinet-Type 4X Stainless
Control-Transfer Switch,Level 2
Meters-Bar Graph Display
Switch, Key, Front Panel Security
Display-Digital
Monitoring-Load
Transfer Switch Warranty-5 Yr Comprehensive
Common Parts Listing
Product Revision - A
Training
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Diesel Gensel: 60Hz-1000/900kW
Installation-In USA,Stationary
Genset-Diesel,60Hz,1000kW
Duty Rating-Standby Power
Emissions-Cert,EPA,Tier 2,NR Compression Ignition
Voltage-277/480,3 Phase,Wye,4 Wire
Alternator-60Hz,3Ph,Wye,Ext.Rng.,80C/IMS
SetCntl-PCC,Basic,NoAlpha/AnalgDisp
Display Language-English
Heater-Control Cabinet, 120VAC
Display-Contro!, Graphical
Meters-AC Output,Analog
Run Relays-Three 3 Pole Double Throw
Interface-CommunicationsNtwk,FTT -10
Control Mounting-Front Facing
Heater-Alternator, 120 Volt AC
Circuit Breaker Or Entrance Box-Left Side Only
CB-1200A,3P ,600/690V,UL/I EC,ServEnt, 1 OO%UL,Left
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
H666-2
E126-2
H389-2
E098-2
H556-2
0041-2
L031-2
L050-2
F169-2
Z555-2
CP01-2
SPEC-A
0402-0750-01
04 t 6-0527
0541-0814-02
Batteries &
Walk-in
6200 Gallon
RFQ # 7447
Genset Manual
A TS Manual
lOG 'I
Indication-Gtound Fault, 3-Pole Xfr Sw, Rmt Mt CT
EngineCooling-Enhanced HighAmbient Air Temperature
Shutdown-Low Coolant Level
Sight Glass-Coolant Level
Coolant Heater-208/240/480V, 40F Minimum Ambient Temp
Engine Ait Cleaner-Normal Duty
Genset Wartanty-5 Year Comprehensive
Literature-English
Bumpers-Shipping Ptolection
Nonconfigurable Specification
Common Parts Listing
Ptoduct Revision - A
Vibration Isola tOt -Qty Of One-4800Lb Max
Battery Rack & Holddown Assembly
Annunciator Kit-w/Enclosure
Start-up & Training
aluminum sound attenuated enclosure
Base Fuel Tank (UL 142)
(2) 400 amp breakers
Operation and Maintenance
Operation and Maintenance
1
1
1
1
1
1
1
1
1
1
1
1
10
1
1
1
1
1
1
3
3
10u
Diesel generator set
08T30 series engine
EPA emissions
Description
Cummins Power Generation commercial generator sets
are fully integrated power generation systems providing
optimum performance, reiiability and versatility for
stationary and prime power applications.
~
.
This generator set is designed in facilities
certified to 1809001 and manufactured in
facilities certified to 1809001 or 1509002.
The Prototype Test Support (PTS) program
verifies the performance integrity of the
generator set design. Cummins Power
Generation products bearing the PTS symbol
meet the prototype test requirements of NFPA
110 for Level 1 systems.
~,
All low voltage models are CSA certified to
product class 4215-01.
@
The generator set is available listed to UL
2200, Stationary Engine Generator
Assemblies. The PowerCommand control is
Listed to UL 508 - Category NITW7 tor U.S.
and Canadian usage. Circuit breaker
assemblies are UL 489 Listed for 100%
continuous operation and also UL 869A Listed
Service Equipment.
U.S. EPA
Engine certified to U.S. EPA Nonroad Source
Emissions Standards, 40 CFR 89, Tier 2.
Features
Cummins' heavy-duty engine - Rugged 4-cycle,
industrial diesel delivers reliable power, low emissions
and fast response to load changes.
Alternator - Several alternator sizes offer selectable
motor starting capability with low reactance 2/3 pitch
windings, low waveform distortion with non-linear loads
and fault clearing short-circuit capability.
Permanent magnet generator (PMG) - Offers
enhanced motor starting and fault clearing short-circuit
capability.
Control system - The PowerCommandQl> electronic
control is standard equipment and provides total genset
system integration including automatic remote
starting/stopping, precise frequency and vOltage
regulation, alarm and status message display,
AmpSentryTM protection, output metering, auto-shutdown
at fault detection and NFPA 110 Level 1 compliance.
Cooling system - Standard integral set-mounted
radiator system, designed and tested for rated ambient
temperatures, simplifies facility design requirements for
rejected heat
NFPA . The genset accepts full rated load in a single step
in accordance with NFPA 110 for Level 1 systems.
Warranty and service - Backed by a comprehensive
warranty and worldwide distributor network.
Standby ratin Prime rating Continuous rating Data sheets
60Hz 50 Hz 60 Hz 50Hz 60 Hz 50 Hz
Model kW (kVAI kW (kVA) kW (kVA) kW (kVAI kW (kVA) kW IkVAI 60 Hz 50 Hz
DQFAA 750 (938) 680 (85m D-3329
DQFAB 800 (1000) 725 (907) D-3330
DQFAC 900 (1125) 81811023) D.3331
DQFAD 1000 (125m 900 (1125) D-3332
(\'2007 I Cummins Power Generation Inc. : All rights reserved i SpeciJicalions subject 10 chang€ wtlhoul nOlice I Cummins Power Generation
and Cummins are registered trademarks of Cummins Inc. PowerCommand, AmpSentry and "Our energy working for you," are trademarks of
Cummins Power Generation. Other company, product or service names may be trademarks or service marks oj others
S-1S08c(S/07i
Generator set specifications
Governor regulation class
Voltage regulation, no load to full load
Random voltage variation
Frequency regulation
Random frequency variation
Radio frequency emissions compliance
Engine specifications
1$08328 Part 1 Class G3
:to.5%
::1:05%
Isochronous
:i: 0.25%
lEG 801.2 through tEG 801.5: MIL srD 461 C, Part 9
lOG
MtJ
Design 4 cycle, V-block, turbocharged and low temperature aftercooled
Bore 140 mm (5.51 in)
Stroke _165.0 mm (6.5 in)
Displacement 30.5 Htres (1860 in3)
Cylinder block Cast iron, 600V 12 cylinder
Battery capacity 1800 amps minimum at ambient temperature of -18 oC to 0 oC
(0 OF to 32 oF)
Battery charging alternator 35 amps
Starting voltage 24 volt, negative ground
Fuel system Direct injection: number 2 diesel fuel
Fuel filter Triple element, 10 micron filtration, spin-on fuel filter with water
seoarator
Air cleaner type Dry replaceable element
Lube oil filter type(s} Four spin-on, combination full flow filter and bypass filters
Standard cooJjng system High ambient radiator
Alternator specifications
Design
Brushless, 4 pole, revolving field
Stator 2/3 pitch
Rotor Single bearing, flexible disc
Insulation system Class H on low and medium voltage, Class F on high voltage
Standard temperature rise 150 oC standby
Exciter type PMG (permanent magnet generator)
Phase rotation A(U).BM,C(IN)
Altemator cooling Direct drive centrifugal blower fan
AC waveform total harmonic distortion < 5% no load to full linear load. < 3% for any single harmonic
Telephone influence factor (TIF) < 50 per NEMA MG1-22.43
Telephone harmonic factor (THF) <3
Available voltages
60 Hz line-neutral/line-line
. 120/208 . 220/380
. 139/240 . 230/400
.240/416
.277/480
.347/600
. Note: Consult factory' for other voltages.
Generator set options and accessories
Engine
o 208/240/480 V coolant heater
for ambient above 4.5 oC
(40 'F)
o 208/240/480 V coolant heater
for ambient below 4.5 oC
(40 oF)
Control panel
D 120/240 V, 100 W control
anti-condensation space
heater
o Paralleling configurations
o Remote fault signal package
o Run relay package
Alternator
o 80 oC rise alternator
o 105 oC rise alternator
o 125 oC rise alternator
o 120/240 V, 300 W, anti-
condensation heater
o Temperature sensor - RTDs,
2/phase
o Temperature sensor - alternator
bearing RTD
o Differential current transformers
50 Hz line-neutraVline-line
Exhaust system
o Industrial grade exhaust
silencer
o Residential grade exhaust
silencer
o Critical grade exhaust
silencer
Cooling system
o Remote radiator cooling
Generator set
o AC entrance box
o Batteries
- Note: Some options may not be available on all models - consult factory for availability.
Our energy working for you. ™
www.cumminsoower.com
o Battery rack w/hold-down -
floor standing
o Circuit breaker - set mounted
o Disconnect switch - set
mounted
o PowerCommand Network
o Remote annunciator panel
o Spring isolators
o 2 year warranty
o 5 year warranty
o 10 year major components
'i:2007 i Cummins Power Generaticn Inc. i All rights reserved: Specifications subject to changE without notice! Cummins Pewer Generation
ar;d Cummins are registered trademarks 01 Cummins Inc_ PowerCommand, AmpSentry and "Our energy working for you ,. are tr&-dema>i<.s of
Cummins Power Generation Other company. product or service names may be trademarks or service mal.~S 01 others
&-1508c(6I07)
c.
Power
Generation
Control system
Operator panel features
Analog AC metering panel - Provides color-coded
display of generator set output voltage, current,
frequency, power factor and kW. All phases of voltage
and current are simultaneously displayed. Easy to see
output status from a distance.
Graphical data display - Allows operator to view all
engine and alternator data; perform operator adjustments
for speed, voltage and time delays; view fault history: and
set up and adjust the generator set (set up requires
password access). A portion of the display is allocated
to display system status Including aiarm and shutdown
conditions. Display is controlled by sealed membrane
SWitches. Up to 9 lines of data can be displayed with
approximately 26 characters per line.
LED status lamps - The status lamps indicate remote
start command (green), not in auto (red-flashing), warning
(amber) and shutdown (red).
Mode selector switch - Off/manual/auto and run/stop
switches allow remote automatic starting or manual
starting from the operator panel. Panel includes an LED
lamp to indicate manual mode operation.
ExercIser switch - Automated exercise function in the
control allows an operator to initiate an exercise period
and have it automatically completed by the control.
Fault reset switch - Allows the operator to reset the
control after a warning or shutdown condition. LED lamp
with switch indicates that a fault is present on the
system.
Panel lamps and switch - Operator panel can be
illuminated by a series of high-intensity LED lamps
controlled by a membrane switch on the panel. Panel
lamps include a time delay to automatically switch off
after a preset time period.
Emergency stop switch - Provides positive and
immediate shutdown of the generator set on operation.
Construction - Operator panel is a sealed design with
membrane switches for most functions. Mechanical
switches are oil-tight design. Plug interfaces are
provided to the generator set control system. Display
panel labeling is configurable for ianguage.
Our energy working for you. ™
www.GUmminSDower.com
lOG
Standard control functions
, Integrated Isochronous governing and fuel control
system.
, Integrated 3-phase sensing voltage regulation system
with automatic single and three phase fault regulation.
. Integrated AC protective functions include over/under
voltage, short-circuit, overcurrent (warning and
shutdown) and overload.
. Integrated engine management system including
configurable cycle-cranking functions and configurable
start sequence.
. Comprehensive warning and shutdown protection
including customer configurable warning and shutdown
conditions.
. Comprehensive data displays including 3-phase AC
voltage, current, power factor, kWand kVA; engine oil
pressure, coolant temperature, DC volts and other
service functions; operating history (ioad and fault
conditions) and system setup information.
Options
o Integrated digital paralleling controls including options
for semi-automatic and automatic (Isolated bus)
applications.
o Lon Mark compliant network interface.
D Control anti-condensation heater.
o Key-type mode select switch.
o Relay outputs for genset running, common warning
and common shutdown.
D Exhaust temperature alarm.
o Alternator temperature alarm(s).
D Centinel™ lube oil burn system.
o Power transfer control function to allow generator set
to control remote power circu.it breakers for open, fast
closed or soft (ramping) power transfer from a utility
source to the genset (2 minute maximum fail-to-
disconnect timer).
c,
Power
Generation
{',200? i Cummins Power Generation Inc. ! AI! rights reserved I Specifications subjecltc change without notice I Cummtns Power G"neration
ax CUrr'.mins a'e registered trademarks of Cummins !nc_ PowerCommanc, AmpSerltry and .OU' erle,gj wort.ing for you Tare trademar1<s of
Cummins Power Generation Other company, product or se.-vice names may be trademarks or service mar1<.s of others
S.1508c(8iC7)
Ratings definitions
Standby:
Applicable for supplying emergency power for the
duration of normal power interruption. No sustained
overload capability is available for this rating. This rating
is applicable to installations served by a reliable normal
utility source. This rating is only applicable to variable
loads with an average load factor of 80 percent of the
standby rating for a maximum of 200 hours of operation
per year and a maximum of 25 hours per year at 100% of
its standby rating. The standby rating is only applicable
to emergency and standby applications where the
generator set serves as the back up to the normal utility
source. No sustained utility parallel operation is
permitted with this rating (equivalent to fuel stop power in
accordance with 1503046, A52789, DIN6271 and
655514). Nominally rated.
Prime (unlimited running time):
Applicable for supplying power in lieu of commercially
purchased power. Prime power is the maximum power
available at a variable load for an unlimited number of
hours. A 10% overload capability is availabie for limited
time (equivalent to prime power in accordance with
1508528 and overload power in accordance with
1503046, A52789, DIN6271 and 655514). This rating is
not applicable to all generator set models.
Base load (continuous):
Applicable for supplying power continuously to a
constant load up to the full output rating for unlimited
hours. No sustained overload capability is available for
this rating. Consult authorized distributor for rating
(equivalent to continuous power in accordance with
1508528, 1803046, A82789, DIN6271 and 685514). This
rating is not applicable to all generator set models.
lOG
Dim "A'
This outline drawing is for reference only. See respective model
data sheet for specific model outline drawing number.
Do not use for InstallatIon deslQn
Set weight. Set welght*
Dim ""A" Dim"B" Dim "e" Set Weight* Set Weight* w/tank dry w/tank wet
Model mm(in.) mmlin.) mm(i~.1 dry kg (Ib,) wet ka (Ib,) Ika IIb,l kallb,l
DQFAA 4333170.6' 1999 78.7 2352 92.6 6673 14707\ 6971 (15363\
DQFAB 4333 170.6' 1999 78.7 2352 92.6 6696 15199\ 7194 (158551
DQFAC 4333 (170.6' 1999 8.7 2352 92.6 7375 16254' 7672116910\
DQFAD 43331170.6' 1999178.7 2352 92.6 7633 16824' 7931 (17480\
. Note: Weights represent a set with standard features. See outline drawings for weights of other configurations.
Cummins Power Generation
1400731<1 Avenue N.E.
Minneapolis, MN 55432 USA
Telephone: 7635745000
USA toll-free: 877 769 7669
Fax: 763 574-5298
Our energy working for you.not
www.cumminsoower.com
c.
Power
Generation
r,;.'2Q07 I Cummins Power Generation Inc i All rights reserved i Specifications subject to change withou1 notice: Cummins Power Generation
and Cummins are registered trademarks 01 Cummins Inc. PowerCommand, AmpSentry and "OUf energy working for you." ale tr",dema:ks of
Cummins Power Generation. Other .:ompany. product or service names may be trademarks or seNice mar!<;s of others
8-1508c(8/07)
Customer Quotation
~ SGUARE clOG
,
Phone: ()o Fax: ()-
Accessories
Project Name: COLLIER COUNTY
Project Locati!'n: SARASOTA
Customer Name: SOUTHEASTERN COMMUNICATION SERVICE
Q2C Number: 24725524
Quote Number: 1
Fuses NOT Included
Overloads NOT Included
Lamps NOT Included
Lug Kits NOT Included
Item Number Quanfity C.lalog Number I Delails
Unit Priee Extended Pries
001-00
Designa~on: MOP
ILlNE TVSS PANElBOARD (INTERIOR)
I-liNE PANELBDARD
CONSISTING OF .
480YI277 VAC 3PH 4W 60 HZ SCCR:65K
MAIN: 1200A MAIN lUG
INCOMING CDNDUCTOR(S): (4)31Q.750 kemil AlICu
BUS: COPPER TIN PiJlTING
GROUND BAR
TYPE 1 86"H X 42'W X 9.50"0
INCOMING: BOTTOM 4 PIECE SURFACE
BOX CAT#: HC4286DB FRONT CAT#:HCW86TS
REF. DRAWING: PBA 419 TYPE: HCP
BRANCHES:
(13) 20N3P-I'S FI
(1) 400N3P LX lSI
(2) 800MP PJ
spECIAL: FP~FI~~ER PLATEIPS~PREPARED SPACE,
TVSS PEAK SURGe RATING/PHASE: 240KA,
TVSS DRY CONTACTS. TVSS LINE TO GRD PROTECT,
STANDARD SOLID NEUTRAL
016-00
1
Estimated Ship Days (ARO): 15 Working Days
Designation: MOP
HC4286DB (BOX)
HCW BOX 42'W 86"H
017-00
Estimated Ship Days (ARO): 4 Wor1<ing Days
Designation: MOP
HCW86TS (FRONT)
HCW,HCWM SURFACE 4 PC TRIM 42'W86"H
Estimated Ship Days (ARO): 15 Working Days
Pag.1016
(.d omON
PRINTED 1/1012008 1 :36 PM
JI!lJ313-~V8^V!9 Nd9(:Z Baal .01 .Nvr
, Customer Quotation
mlSGUARED10G
,
Phone: 0- Fax: 0-
Accessories
Project Name: COLLIER COUN1Y
Project Location: SARASOTA
Customer Name: SOUTHEASTERN COMMUNICATION SERVICE
Q2C Number: 24725524
Quote Number. 1
Fuses NOT Included
Overloads NOT Included
Lamps NOT Included
Lug Kits NOT Included
Item Number Quanlily Catalog Numb.r t oelailS
Unit Price Extended Price
002-00
Deslgn.llon: EDP
ILlNE WSS PANELBOARo (INTERIOR)
I.LINE PANELBOARD
CONSISTING OF
480Y/277 VAC 3PH 4W 60 HZ SCCR:65K
MAIN: 1200A MAIN lUG
INCOMING CONDUCToR(S): (4)310-750 kcmil AllCu
BUS: COPPER TIN PLATING
GROUND BAR
TYPE 1 86"H X 42'W X 9.50-D
INCOMING: BOnOM 4 PIECE SURFACE
BOX CAU: HC4286DB FRONT CATII:HCW8GTS
REF, DRAWING: PBA 419 TYPE: HCP
BRANCHES:
(13) 20Al3P 1'1
(1) 400MP LX lSI
(2) BOOAl3P PJ
SPECIAL: WSS PEAK SURGE RATlNGIPHASE: 240KA.
lVSS DRY CONTACTS, WSS LINE TO GRD PROTECT,
STANDARD SOLID NEUTRAL
018-00
Es/imated Ship Days (ARO): 15 Working D'ys
Designation: EDP
HC42B6oB (BOX)
HCW BOX 42''W 86"H
019-00
Estimated Ship Days (ARO): 4 Working DayS
Designation: EDP
HCW88TS (FRONT)
HCW,HCWM SURFACE 4 PC TRIM 42'W86"H
Estimated Ship Days (ARO): 15 Working Days
Page 2 of6
P.d omON
PRINTED 1I101200B 1:38 PM
JIHIJJ1J-HV8AVH8 Wd9E:~ 800~ .01 .Nvr
. Customer Quotation
IDj SGn I.o.RE :0
lOG
,
Phone: 0- Fax: 0-
Project Name: COLLIER COUNTY
Project Location: SARASOTA
Customer Name: SOUTHEASTERN COMMUNICATION SERVICE
Q2e Number: 24725524
Quote Number: 1
Accessories
Fuses NOT Included
Overloads NOT Included
Lamps NOT Included
Lug Kits NOT Included
Item Numbsr Quantity Cacalog Number I Details
Unit Prloo
l;:xtended Price
ODJ-oO
Designation: EQ
JUNE TVSS PANELBOARD (INTERIOR)
J-LINE PANELBOARD
CONSISTING OF
480YI277 VAC 3PH 4W 60 HZ SCCR:65K
MAIN: 800A MAIN LUG
INCOMING CONDUCTOR(S): (3)3/0-750 komil AVCu
BUS: COPPER TIN PLATING
GROUND BAR
TYPE 1 86"H X 42'W X 9.50"0
INCOMING: BOTTOM 4 PIECE SURFACE
BOX CAT#: HC4286DB FRONT CAT#:HCW86TS
REF. DRAWING: PBA418 TYPE: HCP
BRANCHES:
(5) 30Al3P-PS FI
(1) 3OA13P FI
(2) 125A13P KI
(3) 150Al3P KJ
(3) 200A/3P KI
(4) 22SA13P KI
(1) 100Al3P FI
SPECIAL: FP.FILLER PLATElPS'PREPARED SPACE,
lVSS PEAK SURGE RATING/PHASE: 240KA.
lVSS DRY CONTACTS, TVSS LINE TO GRD PROTECT,
STANDARD SOLID NEUTRAL
010-00
Estimated Ship Days (ARO): 15 Working Days
Oosignalion: EO
HC4266DB (BOX)
HCW BOX 42'W 86"H
011-00
Estim~ted Ship Day. (ARO): 4 Working Day.
Oesignallon: EO
HCWB6TS (FRONT)
HCW,HCWM SURFACE 4 PC TRIM 42'W86'H
Estimatod Ship Day. (ARO), 15 Working D~ys
Page 3 016
Sd
09SEON
PRINTED 1/10/2006 1:38 PM
JI~lJ31J-~V8^V~9 Wd9E:~ BOOl .01 .NVr
Customer Quotation
~ SQUARED lOG
1
,
Phone: 0- Fax 0-
Accessories
Project Name; COLLIER COUNTY
Project Location: SARASOTA
Customer Name: SOUTHEASTERN COMMUNICATION SERVICE
Q2e Number: 24725524
Quote Number: 1
Fuses NOT Included
Overloads NOT Included
Lamps NOT Included
Lug Kits NOT Included
Item Number Quantity Catalog Number I Details
Unit Price
Exblnded Price
004-00
Designation: CMP
ILINE NSS PANELBOARD (INTERIOR)
I-UNE PANELBOARD
CONSISTING OF
480Y/277 VAC 3PH 4W 60 HZ SCCR:65K
MAIN: BODA MAIN LUG
INCOMING CONDUCTORIS); (3)3/0-750 kernil AIICu
BUS: COPPER TIN PLATING
GROUND BAR
TYPE 1 86"H X 42'W X 9.50"0
INCOMING: BOTTOM 4 PIECE SURFACE
BOX CATII: HC4285DB FRONT CATI/:HCWS6TS
REF. DRAWING: PBA 418 TIPE: HC?
BRANCHES;
(15) 20Al3P.PS FI
(1) 125A13P KI
(1) 225A13P KI
(1) 400N3P LI
SPECIAL: fP-FILLER PLATElPS-PREPARED SPACE,
NSS PEAK SURGE RATING/PHASE: 240KA,
russ DRY CONTACTS, russ LINE TO GRD PROTECT,
STANDARD SOLID NEUTRAL
020-00
Estimated Ship Days (ARO): 15 Working Days
Designation: eM?
HC42SGDB (BOX)
HCW BOX 42"W 85"H
021-00
Estimated Ship Cays (ARD): 4 Working Cays
Designation: CMP
HCW86TS (FRONT)
HCW,HCWM SURFACE 4 PC TRIM 42'W86"H
Estimated Ship Days (ARO): 15 Working Cays
Page 4 016
9 .d
om ON
PRINTED 1/10/2006 1:36 PM
JI~lJ313-~V8AV!D Wd9E:E 800E II .Nvr
<R~. p
1: ."i'"
Customer Quotation .. .
Inl SQUARE D
,
Phone: ()- Fax: 0-
Project Name: COLLIER COUNTY
Project Location: SARASOTA
Customer Name: SOUTHEASTERN COMMUNICATION SERVICE
Q2C Number: 24725524
Quote Number: 1
Accesllo/jell
Fuses NOT Included
Overloads NOT Included
Lamps NOT Included
Lug Kits NOT Included
Item Numbor Quantity Catalog Number I Details
Unit Price
Exl.ended Price
005-00
Do.ignatlon: LS
ILlNE lYSS PANELBOARD (INTERIOR)
I-LINE PANELBOARD
CONSISTING OF
480Y/277 VAC 3PH 4W 50 HZ SCCR:65K
MAIN: 400A MAIN LUG
INCOMING CONDUCTOR(S): (2)#2-600 kcmll AVC"
BUS: COPPER TIN PlATING
GROUND eAR
TYPE 1 54"H X 32'W X B.25"D
INCOMING: BOrrOM 4 PIECE SURFACE
BOX CAT#: HC3264B FRONT CAT#:HCM64iS
REF. DRAWING:.pBA402 TYPE: HCM
BRANCHES:
(6) 20N3P-PS FI
SPECIAL: FP-FILLER PlATEIPS-PREPARED SPACE,
lYSS PEAK SURGE RATINGlPHASE: 240KA,
lYSS DRY CONTACTS, lYSS LINE TO GRD PROTECT,
STANDARD SOLID NEUTRAL
012.00
Estimated Ship Days (ARO): 15 Working Day.
Designation: LS
HC3264B (BOX)
HCM BOX 32"W 64"H
013-00
e.Umaled Ship Days (ARO): 4 Working Days
Designation: LS
HCM64TS (FRONT)
HCM SURFACE 4 PC FRONi 32''W 64"H
006-00
Estimated Ship Day. (ARO): 15 Working Day.
Designation: Mpa1
JLlNE lYSS PANELBOARD (INTERIOR)
I-LINE PANELBOARD
CONSISTING OF
480YI277 VAC 3PH 4W 60 HZ SCCR:65K
MAIN: 225A JL CIRCUIT BREAKER
INCOMING CONDUCTOR(S): (1) 310 - 350 kemil
8US: COPPER TIN PlATING
GROUND 8AR
TYPE 1 59"H X 42'W X 9.50"0
INCOMING: BOTTOM 4 PIECE SURFACE
BOX CATI/: HC425SDB FRONT CAT#,HCW59TS
REF. DRAWING: PBA41B TYPE: HCP
BRANCHES:
(1 l 20A13P-PS FI
(12) 20N1P FH
(1l 125A13P KI
SPECIAL: FP-FILLER PIATE/PS-PREPARED SPACE,
lVSS PEAK SURGE RAiING/PHASE: 240KA,
lYSS DRY CONTACTS, lYSS LINE TO GRD PROTECT,
STANDARD SOUD NEUTRAL
Estimatod Ship Days (ARO): 15 Working Days
PageS of5
Ld
omON
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JI~lJ313-~V8AV~9 Wd9E:~ 800~ .01 .Nvr
. Customer Quotation
~SGUARED lOG
l
,
Phone: 0- Fax: 0-
Accessories
Project Name: COLLIER COUNlY
Project Location: SARASOTA
Customer Name; SOUTHEASTERN COMMUNICATION SERVICE
Q2C Number: 24725524
Quote Number: 1
Fuses NOT Included
Overloads NOT Included
Lamps NOT Included
Lug Kits NOT Included
Item Number Quantity Catalog Number J Details
Unit Price Extended Price
014-00
Designation: MP~1
HC4259DB (BOX)
HCW BOX 42'W 59"H
015-00
Estimaled Ship Days (ARC): 4 Working Days
Deslgna~on: MP-1
HCW59TS (FROm)
HCW,HCWM SURFACE 4 PC TRIM 42'W59"H
008-00
i:alimated Ship oays (ARC): 15 Working Days
EE30nH
Transformer Dry Type 30kVA 480D208Y120, 150C
DASKP100
LUG KIT
DASKS 1 00
LUG KIT
007-00
009-00
Page 8 016
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o mON
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JI~lJ313-~V8^V~8 nd9E:~ 800l .01 .NVr
lOG
~/';~
Transfer switch STPC
open, closed, or
delayed transition
Description
The Cummins Power Generation BTPC series bypass
isolation transfer switch combines an automatic transfer
switch with a drawout isolation mechanism and a manual
bypass switch. It provides a redundant power transfer
and retransfer capability for critical-need applications
that require a reliable power supply to the load.
For the most sophisticated applications requiring
minimum power interruption during transfer, the BTPC
with closed transition pffers the best solution. By
connecting both of the sources together for a period (not
to exceed 1 OOms) transfer from the alternate source back
to the normal takes place seamlessly without power
interruptions.
@
@'
All switches are UL 1008 Listed with UL Type
Rated cabinets and UL Listed CU-AL
terminals.
All switches are certified to CSA 282
Emergency Electrical Power Supply for
Buildings, up to 600 VAC.
NEe
rn
NFPA'
IVEM4
.IEEE
~
Equipment shall be suitable for use in systems
compliant to 700, 701 and 702.
All switches comply with NFPA 70, 99 and
110.
All switches comply with NEMA ICS 10.
All switches comply with IEEE 446
Recommended Practice for Emergency and
Standby Power Systems.
This transfer switch is designed and
manufactured in facilities certified to IS09001.
Features
Bypass to normal or emergency power source -
The BTPC is a two-source system which can bypass the
automatic transfer switch to engage normal or
emergency power sources.
Mechanical and electrical Interlocks - Reliable
mechanical interlocks prevent source-to-source
connections. An electrical interlock prohibits closing to a
dead source.
PowerCommand" control - A standard, fully featured
microprocessor-based control. Software-enabled
features, settings, and adjustments are available for ease
of setup and accuracy. Optically isolated logic inputs
and high isolation transformers for AC power inputs
provide high-voltage surge protection.
Communications capability - The BTPC transfer
switch is capable of communicating with other transfer
switches, accessories, with a SCADA network or with
Cummins Power Generation generators utilizing
LonWorks" protocol.
Main contacts - Heavy-duty silver alloy contacts are
rated for total system transfer including overload
interruption.
Easy service/access - Plug connections, door-
mounted controls, ample access space, and compatible
terminal markings.
Product lines and services - Cummins Power
Generation offers a wide range of products and services
to precisely suit your requirements.
Warranty and service - Backed by a comprehensive
warranty and worldwide distributor network.
@2007 I Cummins Power Generation Inc. I All rights reserved I Specifications subject to change without notice I Cummins Power Generation
and Cummins are registered trademarks of Cummins Inc. PowerCommand and "Our energy working for you." are trademarks of Cummins
Power Generation. Other company, product, or service names may be trademarKs or service marKs of others.
S-1271n{10!07)
Transfer switch mechanism
lOG
. Manual bypass switch mechanism allows the operator to select either the
normal or emergency source by closing the bypass contacts. Visual
indicators show bypass source selected, bypass "ciosed" or "open" to
either source, and automatic transfer switch isolation or "disable."
. Isolation contacts allow the automatic transfer switch and the bypass
switch to be separated electrically and mechanically. The automatic
transfer switch is isolated by a drawout mechanism similar to that used
on power circuit breakers.
. The drawout mechanism can be latched in one of three positions:
connected, test, and isolated. In the connected position the mechanism
is locked. In the test position, the transfer switch is isolated but the
controls receive power. In the isolated position, the switch is completeiy
isolated.
. The automatic transfer switch can be rolled out on extension rails and
can be removed with overhead lifting equipmMt Wheel-mounted
carriages are standard on 1600 A to 4000 A models.
. Protective safety shutters are provided on switches up to and inciuding
1200 A, which cover the stationary power terminals on the bypass switch
when the automatic transfer switch is isolated and removed.
Specifications
Voltane ratlnn 600 VAC
Are interruntion Leaf arc chutes cool and quench the arcs. See-through arc chute covers prevent interphase flashover and
allow visual inspection.
Neutral bar A full current-rated neutral bar with IUDs is standard on enclosed 3-001e transfer switches.
Auxiliarv contacts Easily accessible auxiliary contacts are rated at 10 A continuous and 250 VAG maximum. UL recognized,
and eSA-certified.
Oneratina temperabJre -40 of {-40 'C\ to 140'F {60 'Cl
Storage temperature -40 of (-40 'Cl to 140 'F (60 'C)
Humiditv Un to 95% relative, non-condensino
Altitude Up to 10,000 ft (3,000 m)
Surge-tested for location category 83. per IEEE C 62.41. Testing per IEEE 62.45. Control tested to
Surge withstand ratings EuronP.an Surne Test EN 61000-4-5.
In-phase transition - The BTPC automatic transfer switch, equipped with In-phase monitor, determines when to
transfer the load from one source to another. The switch contacts operate in a break-before-make sequence. The BTPC
is field-configurable for delayed transition below 1000 amps.
Delayed (programmed) transition - The BTPC is also available as a programmed (delayed) transition transfer switch.
The delayed transition BTPC completely disconnects the load from both sources for an adjustable peried of time to allow
regenerative voltage to decay to a safe level prior to connections to the new source. By allowing motor fields to decay,
nuisance tripping breakers and load damage are prevented. Delayed transition transfer is recommended by NEMA MG-1.
Closed transition - Closed transition transfer is required In applications with loads sensitive to momentary power
interruptions. The switch contacts operate in a make-before-break sequence. The BTPC with closed transition is
available above 1000 amps. This allows the seamless transfer of criticai loads from one source to another by paralleling
the two sources momentarily (for less than 100 msecs).
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@2007 I Cummins Power Generation Inc. I All rights reserved I Specifications subject to change without notice I Cummins Power Generation
and Cummins are registered trademarks of Cummins Inc_ PowerCommand and MOur energy working for you." are trademarks of Cummins
Power Generation. Other company, product. or service names may be trademarks or service marks of others.
S-1271n(10!07)
c.
Power
Generation
PowerCommand microprocessor control
lOG
PowerCommand controls are microprocessor based and developed specifically for automatic transfer switch operation.
The control provides features and options useful for most applications. Flash memory is used to store control settings.
The contents of the memory are not lost even if power to the controller is lost. There is aiso an on-board battery to
maintain the real-time clock setting and the engine start time delay. Control features inciude:
Level 2 control
Open transition (in-phase transition)
Delayed transition (programmed transition)
Closed transition (momentary overlap)
Utlllty-to-genset applications
Utlllty-to-utlllty applications
Software adjustable time delays:
Engine start: 0 to 120 sec
Transfer normal to emergency: 0 to 120 sec
Retransfer emergency to normal: 0 to 30 min
Engine stop: 0 to 30 min
Programmed transition: 0 to 60 sec
Undervoltage sensing - 3-phase normai, 3-phase
emergency
Pickup: 8S% to 98% of nominal voltage
Dropout: 7S% to 98% of pickup setting
Dropout time deiay: 0.1 to 1.0 sec
Overvoltage sensing - 3-phase normal, 3-phase
emergency
Dropout: 1 OS% to 13S% of nominal voltage
PiCkup: 9S% to 99% of dropout setting
Dropout time delay: O.S to 120 sec
Over/under frequency sensing
Pickup: "S% to ,,20% of nominal frequency
Dropout: ,,1 % beyond pickup
Dropout time delay: 0.1 to 1S.0 sec
Voltage Imbalance sensing
Dropout: 2% to 10%
Pickup: 90% of dropout
Time delay: 2.0 to 20.0 sec
Phase rotation sensing
Time delay: 100 msec
Loss of single phase detection
Time delay: 100 msec
Programmable genset exerciser - Eight
events/schedules with or w/o load
Basic Indicator panel
Source available/connected LED indicators
TesVexercise/bypass buttons
Digital display - standard
Analog bargraph metering - optional
Date/time-stamped event record - SO events
Load sequencing (optional with Network
Communications Module)
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Optional analog bargraph
Basic indicator panel
..
. .
.-- .:;;::""'
Digital display
c
Power
Generation
e2007 I Cummins Power Generation Inc. I All rights reservecl I Specifications subject 10 change without notice I Cummins Power Generation
and Cummins are reglstered trademarks of Cummins Inc. PowerCommand and "OUf energy working for you." are trademarks of Cummins
Power Generation. Other company, product, or service names may be trademarks or service mark:;; of others.
S-1271n{10/07}
Time-delay functions
lOG
~
Engine start: Prevents nuisance genset starts in the event of momentary power system variation or loss. Not included
in utility-to-utility systems.
Transfer nonnal to emergency: Allows genset to stabilize before application of load. Prevents power interruption if
normal source variation or loss Is momentary. Allows staggered transfer of loads in multiple transfer switch systems.
Retransfer emergency to nonnal: Allows the utility to stabilize before retransfer of load. Prevents needless power
interruption if return of normal source is momentary. Allows staggered transfer of loads in multiple transfer switch
systems.
Engine stop: Maintains availability of the genset for immediate reconnection in the event that the normal source fails
shortly after retransfer. Aliows gradual genset cool down by running unloaded. Not included in utility-to-utility systems.
Delayed (programmed) transition: Transfers load to neutral position, disconnected from sources, to allow inductive
load voltages to decay.
Fall to disconnect timer: Signals external device to disconnect either the genset or utility to prevent extended
operation in parallel with the utility.
User interfaces
Basic Interface panel
LED indicators provide at-a-glance source and transfer
switch status for quick summary of system conditions.
Test and Override buttons allow delays to be bypassed
for rapid system checkout.
Digital display (M018)
The digital dispiay provides a convenient method for
monitoring ioad power conditions, adjusting transfer
switch parameters, monitoring PowerCommand network
status, or reviewing transfer switch events. Password
protection limits access to adjustments to authorized
personnel. The digitai display comes standard with the
Level 2 PowerCommand microprocessor control.
User interface options
Front panel security key (M017)
Front panel access can be locked out using this option.
Prevents unauthorized transfers or testing. Prevents
unauthorized adjustments via the digital display.
Analog bar graph meter (D009)
An LED bar graph display provides easy to read
indication for Normal and Emergency voltages and
frequencies, load currents, power factor, and kilowatts.
Green, amber, and red LED's provide at-a-glance
indication of system acceptability. Available as an option
with the Level 2 PowerCommand microprocessor
control.
Control options
Relay signal module (M023)
Provides an adjustable transfer pre-signal time delay of 0
to 60 seconds to prevent interruption of power during
elevator operation. Relay outputs include: Source 1
Connected and Available, Source 2 Connected and
Available, Not in Auto, Test/Exercise Active, Failed to
Disconnect, Failed to Synchronize, Failed to
Transfer/Retransfer, and Transfer pre-signal (elevator
signai).
Loadshed (M007)
Removes the load from the emergency power source by
driving the transfer switch to the neutral position when
signaled remotely. Transfers load back to the emergency
source when the signal contacts open. Immediate
retransfer to the preferred source when it is re-
established.
PowerCommand network Interface (M031)
Provides connection to the PowerCommand network.
LonWorks compatible for integration into customer
monitoring strategy.
Load power and load current monitoring (M022)
Measures load phase and neutral, current, power factor,
real power (kW) and apparent power (kVA). Warns of
excessive neutral current resulting from unbalanced or
nonlinear loads.
. Note: Some options may not be available on all models - consult factory for availability.
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c
Power
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@2007 I Cummins Power Generation Inc. I All rights reserved I Specifications subject to change without notice I Cummins Power Generation
and Cummins are registered trademarks of Cummins Inc. PowerCommand and "Our energy working for you.~ are trademarks of CUmmins
Power Generation. Other company. product, or service names may be trademarks or service marks of otl1ers.
$--1271n(10107)
UL withstand and closing ratings
lOG
The transfer switches listed below must be protected by circuit breakers or fuses. Referenced drawings include detailed
listings of specific breakers or fuse types that must be used with the respective transfer switches. Consult with your
distributor/dealer to obtain the necessary drawings. Withstand and Closing Ratings (WCR) are stated in symmetrical
RMS amperes.
MeeD Drotectlon Current limited breaker Drotectlon
WCR ill volts
max with
Transfer specific With specific
switch manufacturers Max MCCD Drawing current limiting Max CLB
amnere MCCDs rating reference breakers (CLDI- rating DrawinG reference
150, 225, 260 30,000 @ 480 400 A 0098-6889 200,000 @ 480 400 A 0098-6919
25,000 @ 600 100,000@600
300,400 42,000 @ 480 1200A 0098-6890 200,000 @ 480 1200A 0098-6923
42,000 @ 600 100,000@600
600, 800, 6S 000 @ 480 1400A 0098-6891 200,000 @ 480 1400A 0098-6924
1000 65,000 @ 600 100,000 @ 600
1000, 1200 85,000 @ 480 85 000 @ 480
(closed 65,000@600 1600A 0098-7312 65,000@ 600 1600 A Use MeCB ratings
transitionl
1600, 2000 100,000 @ 480 2S00 A 0098-7311 100,000 @480 2500 A Use MeGB ratings
8S,000 @ 600 85,000 @ 600
3000 100,000 @ 480 4000 A 0098-7313 100,000 @ 480 4000 A Use MeCa ratings
85,000@ 600 8S,000 @ 600
4000 100,000@480 5000 A 0098-8576 100,000 @480 5000 A Use MeCB ratings
85,000 @ 600 85,000@ 600
Fuse protection
WCR @ volts
Transfer max. with
switch current limiting
amoere fuses Max fuse size and tvDe Drawino reference
1 SO, 225, 260 200,000 @ 600 600 A Class J, RK1, RK5 or 0098-6889
1200 A Class L, T
300, 400 200,000 @ 600 600A Class J, RK1, RK50r 0098-6890
1200 A Class L, T
600, 800, 200,000 @ 600 600 A Class J, RK1, RKS, 0098-6891
1000 1200 A Class T, or 2000 A Class L
1200 200,000 @ 480 2000 A Class L 0098-7312
150,000 @ 600
1600, 2000 200,000 @ 480 2500 A Crass L 0098-7311
150,000 @ 600
3000 200,000 @ 480 4000 A Class L 0098-7313
1 SO,OOO @ 600
4000 200,000 @ 480 6000 A Class L 0098-8576
150,000 @ 600
3 cycle ratings
Transfer WCR @ volts
switch max 3 cycle
ampere ratlna Max MeeD ratino Drawina reference
1200 50,000 @ 480 1600A 0098-7312
42,000 @ 600
1600, 2000 100,000@480 4000 A 0098-7311
85 000 @ 600
3000 100,000@480 4000 A 0096-7313
85,000 @ 600
4000 100,000 @ 480 5000 A 098-8576
8S,000 @ 600
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@2007 I Cummins Power Generation Inc. I All rights reserved I Specifications subject to change without notice I Cummins Power Generation
and Cummins are registered trademarks of Cummins Inc. PowerCommand and "Our energy working foryou.~ are trademarks of Cummins
Power Generation. Other company, product, or service names may be trademarks or service marks of others.
S-1271n(10107)
c
Power
Generation
lOG
Enclosures
The transfer switch and control are mounted in a key-locking enclosure. Wire bend space complies with 2005 NEe.
Dimensions - transfer switch In UL type 1 enclosure
Depth Weight 3-
Height Width Door closed Door open pole t 'lie Outline* drawing
Amp rating in mm In mm In mm In mm Ib kg
150,225,260 71.75 1822 36.00 91S 22.75 578 55.20 1402 564 256 310-0538
300,400,600 83.25 2115 36 914 22.75 578 55.2 1403 639 291 310-053S
800, 1000 90.00 2290 48 1219 27.75 705 62.5 1588 1097 499 310-0S70
1000',12003-Dole 90.00 2290 40 1016 27.00 686 67.0 1702 1980 898 310-0566
1000'. 12004-001e 90.00 2290 46 1168 27.00 686 73.0 1854 2185 991 310-0566
1600, 2000 3-nole 90.00 2290 40 1016 62.00 1575 102.0 2S91 3085 1399 310-0567
1600, 2000 4-001e 90.00 2290 50 1270 62.00 1575 112.0 2845 3650 1656 310-0567
3000 3-001e 90.00 2290 40 1016 74.00 1880 114.0 2897 4100 1860 310-0568
3000 4-Dole 90.00 2290 50 1270 74.00 1880 124.0 3150 5010 2273 310-0568
4000 3-001e 90.00 2290 47.5 1210 81 2060 128.5 3270 4730 2145 500-4488
4000 4-nolo 90.00 2290 54 1370 81 2060 135 3430 5930 2689 500-4488
Dimensions - transfer switch in UL type 3R, 4, 4x. or 12 enclosure
Depth Cabinet Outline2
Height Width Door closed Door 0 en Weight tvoe drawing
Amp ratina In mm In mm in mm In mm ib kp
150, 225, 260 71.75 1822 36.00 915 22.75 578 55.20 1402 564 256 3R 12 310-0651
71.75 1822 36.00 915 22.75 578 55.20 1402 564 256 44x 310-0652
300,400,600 83.25 2115 36.00 915 22.75 578 55.20 1402 639 290 3R 12 310-0653
83.25 2115 36.00 915 22.75 578 55.20 1402 639 290 4 4x 310-0654
800,1000 90.00 2290 48.00 1214 27.75 705 62.50 1534 1097 498 3R 12 310-0711
90.00 2290 48.00 1214 27.75 705 62.50 1534 1097 498 4 4x 310-0712
1000', 1200 3-pole' 90.00 2290 40.00 1016 28.2S 718 6S.50 1654 1980 748 3R 12 4 4x 310-0734
10001 12004-001e3 90.00 2290 46.00 1168 28.25 718 71.69 1821 2185 991 3R 12 4 4x 310-0734
1600 20003-001e' 90.00 2290 43.52 1105 62.77 1594 99.77 2534 3085 1399 3R 12 4 4x 310-072S
1600 20004-nolo' 90.00 2290 53.52 1359 62.77 1594 109.77 2788 3650 1656 3R 12 4 4x 310-0725
3000 3- Ie' 90.00 2290 43.52 1105 74.77 1899 111.77 2839 3970 1801 3R 310-0726
30004-001e' 90.00 2290 53.52 1359 74.77 1899 121.77 3093 5070 2300 3R 310-0726
40003-001e4 90.00 2290 48.5 1232 81.7S 2076 131 3308 4730 2145 3R 500-4489
40004-nole4 90.00 2290 55.0 1397 81.7S 2076 137 3473 5930 2689 3R 500-4489
Transfer switch lug capacities
All lugs accept copper or aluminum wire unless indicated otherwise. Adapters that will accept compression lugs are
available.
Cables per
Amp rating phase Size
150 225 1 #6 AWG to 300 MCM
260 1 #6 AWG to 400 MCM
150 225 260' 1 #4 AWG to 500 MCM
300 400 1 #3/0 AWG to 600 MCM
300 400 2 #3/0 AWG to 250 MCM
300 400~ 1 350 MCM to 1000 MCM
300 400~ 2 #2 AWG to 600 MCM
600 2 2S0 MCM to 500 MCM
6005 2 #2 AWG to 600 MCM
800 1000 4 250 MCM to 500 MCM
BOO 1 OOO~ 3 300 MCM to 750 MCM
1000 1200 4 #2 AWG to 600 MCM
1600 2000 8 #2 AWG to 600 MCM (Iuas ootional)
3000 8 #2 AWG to 600 MCM (Iuas ootional)
4000 12 #2 AWG to 600 MCM (luos ootional1
Note 1: Closed transition only.
Note 2: On the outline drawing the BT door is shown. All physical dimensions are the same for BT and BTPC.
Note 3: Dimensions shown are for top entry only. If bottom or side entry is required, an adapter bay is required and the depth increases by 14
in. (356 mm). See outline drawing. Adapter needs to be part of the original order.
Note 4: 1600 through 4000 A are rear connected. Allow 36-inch wide (914 mm) space at rear for access to cable compartment.
Note 5: Optional lug capacities.
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@2007 I Cummins Power Generation Inc. I All rights reserved I Specifications subject to change without notice I Cummins Power Generation
and Cummins are registered trademarks of Cummins Inc. PowerCommand and "Our energy working for you." are trademarks of Cummins
Power Generation. Other company, product, or service names may be trademarks or service marks of others.
$-1271n(10/07)
c
Power
Generation
Submittal detail - options (accessories specification sheet AC-166)
lOG 4.f
Amperage ratings
0150
0225
0260
0300
o 400
0600
o 800
o 1000
o 1200
o 1600
o 2000
o 3000
o 4000
Voltage ratings
o R038 190
o R021 208
o R022 220
o R023 240
o R024 380
o R025 416
o R035 440
o R026 480
o R027 600
Pole configuration
D A028 Poles - 3 (solid neutral)
o A029 Poles - 4 (switched neutral)
Frequency
o A044 60 Hertz
o A045 50 Hertz
Transfer mode
o AD7? Open transition (in-phase transition) (available 1200-4000
amps)
o A078 Delayed transition (programmed transition)
o A079 Closed transition (available 1000-4000 amps)
Application
o A035 Utility to gansat
o A036 Utility to utility
System options
o A041 Single phase, 2-wire or 3-wire
o A042 Three phase, 3-wire or 4~wire
Enclosure
D 8001 Type 1: general purpose indoor (similar to lEG type IP30)
D 8002 Type 3R: intended for outdoor use (dustproof and
rainproof) (similar to lEG type IP34)
o 8003 Type 4: indoor or outdoor use (watertight) (similar to lEG
type IP65)
o 8004 Open construction: no enclosure - includes automatic
transfer switch and controls (not available for 1200-4000
A)
o 8010 Type 12: indoor use, dust-tight and drip-tight (similar to
IEC type IP61)
o 8025 Type 4X: indoor or outdoor use (watertight) (similar to lEG
type IP65)
Cummins Power Generation
AmeriGas
1400 73m Avenue N.E.
Minneapolis, MN 55432 USA
Phone: 763 574 5000
Fax: 763 S74 5298
Standards
o A046 UL 1 008/GSA certification
o A064 NFPA 20 compliant (not available 1200-4000 A)
o AOSD Seismic certification
Control options
o M017 Security key. front panel
o M022 Monitoring - load
o M023 Module - relay signal
o M031 Communications - LonWorks Network Communications
Module FlT-10
Meters
o 0009 Digital bar graph meters
Battery chargers
o KOOl 2 A, 12/24 V
o KB59 15A, 12 V
o KB60 12A,24V
Protective relays
o M036 62PL relay
o M038 86 lock-out relay
Auxiliary relays - Relays are UL Usted and factory installed. All relays
provide (2) normally open and (2) normally closed isolated contacts
rated 10 A@ 600 VAC.
o L 101 24 VDG coil - installed, not wired (for customer use).
o L 102 24 VDC coil - emergency position - relay energized when
switch in source 2 (emergency) position.
o L 103 24 VDC coil - normal position - relay energized when switch
in source 1 (normal) position
o L201 12 VDC coil - installed, not wired (for customer use)
o L202 12 VDC coil - emergency position - relay energized when
switch in source 2 (emergency) position
o L203 12 VDC coil - normal position - relay energized when switch
in source 1 (normal) position
Miscellaneous options
o M003 Terminal block - 30 points (not wired)
o M007 Load shed - from emergency - drives switch to neutral
position when remote signal contact closes
o N008 Terminal lugs - cable (1600-3000 amp only)
o N009 Power connect - bus stabs (150-1000 amp open construction
only)
Optional lug kits
o NOOS Terminal lugs - cable (1600-3000 amps only)
Warranty
o G002 One yr basic
o G004 Two yr comprehensive
o G006 Five yr basic
o G007 Five yr comprehensive
o G008 Ten yr major components
Shipping
o A051 Packing - export box
Europe, CIS, Middle East and Africa
Manston Park Columbus Ave.
Manston Ramsgate
Kent CT 12 5BF United Kingdom
Phone 44 1843 2S5000
Fax 44 1843 255902
Asia Pacific
10 Toh Guan Road #07-01
TT International T radepark
Singapore 608838
Phone 65 6417 2388
Fax 65 6417 2399
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@2007 I Cummins Power Generation Inc_ I All rights reserved I Specifications subject to change without notice I Cummins Power Generation
and Cummins are registered trademarks of Cummins Inc. PowerCommancl and "Our energy working for you." are trademarks of Cummins
Power Generation. Other company, product, or service names may be trademarks or service mar1\s of others.
S-1271n(10107)
c.
Power
Generation
lOG
Transfer switch OTPC
open, closed, or
delayed transition
Description
OTPC transfer switches are designed for operation and
switching of electrical loads between primary power and
standby generator sets. They are suitable for use in
emergency, legally required, and optional standby
applications. The switches monitor both power sources,
signal generator set startup, automatically transfer
power, and return the load to the primary power source
once the utility returns and is stabilized.
High-pressure silver alloy contacts can withstand
thousands of switching cycles without burning, pitting, or
welding. They require no routine contact maintenance
and provide 100% continuous current ratings.
The OTPC product line offers a transfer switch that is the
right soiution for every application. The switch is available
in open, delayed, and closed transitions.
C[)
~.
AIi switches are UL 1008 Listed with UL Type
Rated cabinets and UL Listed GU-AL
terminals.
All switches are certified to eSA 282
Emergency Electrical Power Supply for
Buildings, up to 600 VAG.
NEe
[i]
NFPA'
NEAU
Equipment shall be suitable for use in systems
compliant to 700, 701 and 702.
All switches comply with NFPA 70, 99 and
110.
.IEEE
All switches comply with NEMA IGS 10.
~
All switches comply with IEEE 446
Recommended Practice for Emergency and
Standby Power Systems.
This transfer switch is designed and
manufactured in facilities certified to 1809001.
Features
PowerCommand. control - A standard, fully featured
microprocessor-based control. Software-enabied
features, settings, and adjustments are available for ease
of setup and accuracy.
Robust control system design - Optically isolated
logic inputs and high isolation transformers for AC power
inputs provide high-voltage surge protection.
Communications capability - The transfer switch is
capable of communicating with other transfer switches,
accessories, with a SCADA network or with Cummins
Power Generation generators utilizing LonWorks~
protocol.
Main contacts - Heavy-duty silver alloy contacts with
separate arcing surfaces and multi-leaf arc chutes are
rated for total system transfer including overload
interruption.
Easy service/access - Plug connections, door-
mounted controls, ample access space for both all top
and ail bottom power connections, and compatible
terminal markings. The control is field programmable.
Product lines, accessories and services -
Cummins Power Generation offers a wide range of
accessories and services to suit your requirements.
Warranty and service - Backed by a comprehensive
warranty and woridwide distributor network.
@2007 I Cummins Power Generation Inc. I AJI rights reserved I Specifications subject to change without notice I Cummins Power Generation
and Cummins are registered trademarks of Cummins Inc. PowerCommand and "Our energy working for you." are trademarks of Cummins
Power Generation. Other company, product. or service names may be trademarks or service marks of others
S-1270x(10107)
Transfer switch mechanism
lOr;
. A bi-directionallinear motor actuator powers OTPC Transfer Switches.
This design provides virtually friction-free, constant force, straight-line
transfer switch action with no complex gears or linkages.
. Independent break-before-make action is used for both 3-pole and 4-
pole/switched neutral switches. On 3-pole/switched neutral switches, this
action also prevents the objectionable ground currents and nuisance
ground fault tripping that can result from overlapping designs.
. A mechanical interlock prevents simultaneous closing of normal and
emergency contacts.
. Long-life, high pressure, silver alloy contacts resist burning and pitting.
Separate arcing surfaces further protect the main contacts. Contacts are
mechanically held in both normal and emergency positions for reliable,
quiet operation.
. Superior arc interruption is accomplished through multiple leaf arc chutes
that cool and quench the arcs. Barriers separate the phases and prevent
inter-phase flashover
Specifications
Volta e ratin
Transfer switches rated from 40 A throu h 4000 A are rated u to 600 VAC. 50 or 60 Hz.
Multiple leaf arc chutes coof and quench the arcs. Covers prevent interphase flashover and are
trans arent for visual ins ection.
Arc Interru flon
Neutral bar
Auxina contacts
o erating tem erature
Stora e temperature
Humidity
Altitude
U to 95% relative, non-condensin
Surge withstand ratin s
Total b'ansfer time (source-
to-source
U to 10,000 ft 3,000 m without deratin
Surge-tested for location category 83, per IEEE C 62.41. Testing per IEEE 62.45. Control tested to
Euro ean Sur e Test EN 61000-4-5.
Will not exceed 6 cycles at 60 Hz with normal voltage applied to the actuator and without programmed
transition installed.
Transfer switches rated through 1000 A are equipped with permanently attached operating handles and
quick-break, quick-make contact mechanisms suitable for manual operation. Transfer switches over 1000
A are e ui ed with manual 0 erators for service use onl under de-ener ized conditions.
Manual 0 eration handles
Open transition - The OTPC automatic transfer switch, equipped with in-phase monitor, determines when to transfer
the load from one source to another. The switch contacts operate in a break-before-make sequence. The Open Transfer
OTPC is field-configurable for delayed transition below 1000 amps.
Delayed (programmed) transition - The OTPC is also available as a programmed (delayed) transition transfer switch.
The delayed transition OTPC completely disconnects the load from both sources for an adjustable period of time to allow
regenerative vOltage to decay to a safe level prior to connecting to the new source. By allowing motor fields to decay,
nuisance tripping breakers and load damage are prevented. Delayed transition transfer is recommended by NEMA MG-1.
Closed transition - Closed transition transfer is required in applications with loads sensitive to momentary power
interruptions. The switch contacts operate in a make-before-break sequence. The OTPC with closed transition allows the
seamless transfer of critical loads from one source to another by paralleling the two sources momentarily (for less than
100 msecs).
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and Cummins are registered trademarks of Cummins Inc. PowerCommand and "Our energy wor1<.ing for you." are trademarks of Cummins
Power Generation. Other company, product, or service names may be trademarks or service marks of others.
5-1270x(10f07}
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Power
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lOG
PowerCommand microprocessor control
PowerCommand controls are microprocessor based and developed specifically for automatic transfer switch operation.
The control provides features and options useful for most applications. Flash memory is used to store control settings.
The contents of the memory are not lost even if power to the controller is lost. There is also an on-board battery to
maintain the real-time clock setting and the engine start time delay. A choice of two control packages allows flexibility
for determining the most suitable level of control for a given application:
Level 1 controllC023)
Open transition (in-phase transition)
Delayed transition (programmed transition)
Utlllty-to-genset applications
Software adjustable time delays:
Engine start: 0 to 15 sec
Transfer normal to emergency: 0 t0120 sec
Retransfer emergency to normal: 0 to 30 min
Engine stop: 0 to 30 min
Programmed transition: 0 to 60 sec
Undervoltage sensing - 3-phase normal, 1-phase
emergency
Pickup: 85% to 98% of nominal voltage
Dropout: 75% to 98% of pickup setting
Dropout time delay: 0.1 to 1.0 sec
Overvoltage sensing - 3-phase normal, 1-phase
emergency
Dropout: 105% to 135% of nominal voltage
Pickup: 95% to 99% of dropout setting
Dropout time delay: 0.5 to 120 sec
Over/under frequency sensing
Pickup: :1:5% to :1:20% of nominal frequency
Dropout: ,,1 % beyond pickup
Dropout time delay: 0.1 to 15.0 sec
Programmable genset exerciser - One
event/schedule with or w/o load
Basic Indicator panel
Source available/connected LED indicators
Test/exercise/bypass buttons
Digital display - standard
Analog bargraph metering - optional
Date/time-stamped event recording - 50 events
Load sequencing (optional with network
communications module)
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Level 2 controllC024)
Open transition (in-phase transition)
Delayed transition (programmed transition)
Closed transition
Utlllty-to-genset applications
Utlllty-to-utlllty applications
Genset-to-genset applications
Software adjustable time delays:
Engine start: 0 to 120 see
Transfer normal to emergency: 0 to 120 sec
Retransfer emergency to normal: 0 to 30 min
Engine stop: 0 to 30 min
Programmed transition: 0 to 60 sec
Undervoltage sensing - 3-phase normal, 3-phase
emergency
Pickup: 85% to 98% of nominal voltage
Dropout: 75% to 98% of pickup setting
Dropout time delay: 0.1 to 1.0 sec
Overvoltage sensing - 3-phase normal, 3-phase
emergency
Dropout: 105% to 135% of nominal voltage
Pickup: 95% to 99% of dropout setting
Dropout time delay: 0.5 to 120 sec
Over/under frequency sensing
Pickup: ,,5% to ,,20% of nominal frequency
Dropout: ,,1 % beyond pickup
Dropout time delay: 0.1 to 15.0 sec
Voltage Imbalance sensing
Dropout: 2% to 10%
Pickup: 90% of dropout
Time delay: 2.0 to 20.0 sec
Phase rotation sensing
Time delay: 100 msec
Loss of single phase detection
Time delay: 100 msec
Programmable genset exerciser - Eight
events/schedules with or w/o load
Basic Indicator panel
Source available/connected LED indicators
Test/exerciselbypass buttons
Digital display - standard
Analog bargraph metering - optional
Date/time-stamped event recording - 50 events
Load sequencing (optional with Network
Communications Module)
c.
Power
Generation
1\,;)2007 I Cummins Power Generation Inc. I All rights reserved I Specifications subject to ct1ange without notice I Cummins Power Generation
and CummIns are registered trademarks of Cummins Inc. PowerCommand and "OUf energy working for you." are trademarks of Cummins
Power Generation. Other company, product, or service names may be trademarks or service marks of others.
S~1270x {10!O?)
Time-delay functions
lOG
Engine start: Prevents nuisance genset starts in the event of momentary power system variation or loss. Not included
in utility-to-utility systems.
Transfer normal to emergency: Allows genset to stabilize before application of load. Prevents power interruption if
normal source variation or loss is momentary. Allows staggered transfer of loads in multiple transfer switch systems.
Retransfer emergency to normal: Allows the utility to stabilize before retransfer of load. Prevents needless power
interruption if return of normal source is momentary. Allows staggered transfer of loads in multiple transfer switch
systems.
EngIne stop: Maintains availability of the genset for immediate reconnection in the event that the normal source faiis
shortly after retransfer. Allows gradual genset cool down by running unloaded. Not included in utility-to-utility systems.
Delayed (programmed) transItion: Transfers load to neutral position, disconnected from sources, to allow inductive
load voltages to decay.
Fall to disconnect tImer: Signals externai device to disconnect either the genset or utility to prevent extended
operation in parallel with the utility.
User interfaces
Basic Interface panel
LED indicators provide at-a-glance source and transfer
switch status for quick summary of system conditions.
Test and override buttons allow delays to be bypassed
for rapid system checkout
Digital display (MOt8)
The digital display provides a convenient method for
monitoring load power conditions, adjusting transfer
switch parameters, monitoring PowerCommand network
status, or reviewing transfer switch events. Password
protection limits access to adjustments to authorized
personnel. The digital display comes standard with the
Level 2 PowerCommand microprocessor control, and is
optional with the level 1 control.
User interface options
Front panel security key (MOt 7)
Front panel access can be locked out using this option.
Prevents unauthorized transfers or testing. Prevents
unauthorized adjustments via the digital display.
Analog bar graph meter (D009)
An LED bar graph display provides easy to read
indication for normal and emergency voltages and
frequencies, load currents, power factor, and kilowatts.
Green, amber, and red LED's provide at-a-glance
indication of system acceptability. Available as an option
with the Level 2 PowerCommand microprocessor
control.
Control options
Relay signal module (M023)
Provides an adjustable transfer pre-signal time delay of 0
to 60 seconds to prevent interruption of power during
elevator operation. Relay outputs Include: Source 1
Connected and Available, Source 2 Connected and
Available, Not in Auto, Test/Exercise Active, Failed to
Disconnect, Failed to Synchronize, Failed to
Transfer/Retransfer, and Transfer pre-signal (elevator
signal).
Loadshed (M007)
Removes the load from the emergency power source by
driving the transfer switch to the neutral position when
signaled remotely. Transfers load back to the emergency
source when the signal contacts open. Immediate
retransfer to the preferred source when it is re-
established.
PowerCommand network Interface (M03t)
Provides connectio.n to the PowerCommand network.
LonWorks compatible for integration into customer
monitoring strategy.
Load power and load current monitoring (M022)
Measures load phase and neutral, current, power factor,
real power (kW) and apparent power (kVA). Warns of
excessive neutral current resulting from unbalanced or
nonlinear loads.
* Note: Some options may not be available on all models. consult factory for availability.
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c.
Power
Generation
@2007 I Cummins Power Generation Inc. I All rights resarvad I Specifications subject to change without notice J Cummins Powar Generation
and Cummins are registered trademarks 01 Cummins Inc. PowerCommand and ~OUr energy working for you," are trademarks of Cummins
Power Generation. Other company. product, or service names may be trademarks or service marks 01 others.
$-1270x(10107)
UL withstand and closing ratings
The transfer switches listed below must be protected by circuit breakers or fuses. Referenced drawings include detailed
listings of specific breakers or fuse types that must be used with the respective transfer switches. Consuit with your
distributor/dealer to obtain the necessary drawings. Withstand and closing ratings (WCR) are stated in symmetrical RMS
amperes.
lOG
ij
MCCB "'rotectio" Current limited breaker Drotection
WCR @ volts
max with
Transfer specific With specific
switch manufacturers Max MCCB Drawing current I,I~IU:~ Max CLB
amnere MCCB. ratlna reference breakers CLB ratlna Drawlnft reference
40, 70, 125 14,000@480 225 A 098-6885 200,000 @ 480 225 A 098-6918
3-pole 14,000@600 100,000@600
40,70,125 30,000 @480 225 A 098-688S 200,000 @ 480 225 A 098-6918
4-nol. 30,000@ 600 100,000 @ 600
150, 225, 30,000@ 480 400 A 098-6886 200,000 @ 480 400 A 098-6919
260 30,000 @ 600 100,000@600
300,400, 6S,OQO @ 480 1200A 098-6887 200,000 @ 480 1200A 098-6920
600 65,000 @ 600 100,000 @ 600
800,1000 65,000 @ 480 1400A 098-6888 150,000 @480 1400A 098-6921
50,000 @ 600 100,000 @600
1000, 1200 8S,000 @ 480 1600A 098-7312 8S,000 @ 480 1600A 098-7312
65,000 @ 600 65,000 @ 600
1600,2000 1 00,000 @ 480 4000 A 098-7311 100,000 @480 4000 A 098-7311
85,000 @ 600 85,000 @ 600
3000 100,000 @ 480 4000 A 098-7313 100,000@480 4000 A 098-7313
85,000 @ 600 85,000 @ 600
4000 1 00,000 @ 480 5000 A 098-8576 100,000@ 480 5000 A 098-8576
85,000 @ 600
Fuse protection
WCR @ volts
Transfer max. with
switch current limiting
amnere fuses Max fuse size and type Drawlnlb reference
40,70, 12S 200 000 @ 480 200 A Class, J, RK1, RK5 098-688S
3- and 4-pole 200,000 @ 600
150, 225, 200,000 @ 480 600 A Class, J, RK1, RK5 098-6886
260 200,000 @ 600 1200 A Class L
300, 400, 200,000 @ 480 1200 A Class L 098-6887
600 200,000 @ 600 1200 A Class L
800, 1000 200,000 @ 480 2000 A Class L 098-6888
200 000 @ 600
1000,1200 200,000 @ 480 3000 A Class L 098-7312
1 SO,OOO @ 600
1600, 2000 200,000 @ 480 2500 A Class L 098-7311
150,000 @ 600
3000 200,000 @ 480 4000 A Class L 098-7313
1 SO,OOO @ 600
4000 200,000 @ 480 6000 A Class L 098-8576
150,000@ 600
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@2007 I Cummins Power Generation Inc. I All rights reserved I Specrfications subject to change without notice I Cummins Power Generation
and Cummins are registered trademarks of Cummins Inc. PowerCommand and ~Our energy working for you." are trademarks of Cummins
Power Generation. Other company. product, or service names may be trademarks or service marks of others.
S-127Qx(10!07)
c.
Power
Generation
3 cycle ratings
Transfer WCR @ volts
switch max 3 cycle
amnere rating Max MCCB ratlno Drawina reference
1000,1200 50,000 @480 1600A 0098-7312
42 000 @ 600
1600,2000 100,000@480 4000 A 0098-7311
8S,000 @ 600
3000 100,000 @ 480 4000 A 0098-7313
85,000@ 600
4000 100,000 @ 480 SOOO A 098-8576
85 000 @ 600
Transfer switch lug capacities
All lugs accept copper or aluminum wire unless indicated otherwise.
available.
lOG :11
Adapters that will accept compression lugs are
Cables per
AmD rat/no Dhase Size
40,70,125 1 #12 AWG-2/0
3-DDle
40 1 #12 AWG-2/0
4-~le
70,125 1 #6 AWG - 300 MCM
4-001e
1S0,225 1 #6 AWG - 300 MCM
260 1 #6 AWG - 400 MCM
300,400 1 3/0 - 600 MCM
300,400 2 3/0 - 250 MCM
600 2 2S0 - 500 MCM
800,1000 4 2S0 - 500 MCM
1000, 1200 4 #2 AWG to 600 MCM
1600, 2000 8 #2 AWG to 600 MCM (Iuos oDtional)
3000 8 #2 AWG to 600 MCM lues ootional)
4000 12 #2 AWG to 600 MCM luas 0 tional)
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@20Q7 I Cummins Power Generation Inc. I All rights reserved I Specifications subject to change without notice I Cummins Power Generation
and Cummins are registered trademarks of Cummins Inc. PowerCommal1d and "Our energy working foryou.~ are trademarks of Cummins
Power Generation. Other company. product, or service names may be trademarks or service marks of others.
S-1270x(10IOn
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lOG
Enclosures
The transfer switch and control are mounted in a key-locking enclosure. Wire bend space complies with 2005 NEe.
Dimensions - transfer switch In UL type 1 enclosure
DeDth
Hei..ht Width Door closed Door 0 en Welnht Outline drawina
Amn ratln.. In mm In mm in mm in mm Ib kO
40, 70, 125 27.0 686 205 521 12.0 305 31.S 800 82 37 310-0S44
3-001.
40, 70, 125 35.5 902 26.0 660 16.0 406 41.0 1042 16S 75 500A896
4-001.
150, 225 35.5 902 26.0 660 16.0 406 41.0 1042 165 75 310-0414
260 43.S 110S 285 724 16.0 406 43.0 1093 170 77 310-0S40
300,400,600 54.0 1372 25.5 648 18.0 457 42.0 1067 22S 102 310-1307
800,1000 68.0 1727 30.0 762 20.6 S24 485 1232 360 163 310-0417
1000,1200 76.3 1937 36.0 915 22.7 577 54.0 1372 450 204 310-0482
1600, 2000' 90.0 2290 36.0. 915 48.0 1219 84.0 2134 1100 499 310-0483
3000' 90.0 2290 36.0 915 48.0 1219 84.0 2134 1250 567 310-0484
4000' 90.0 2290 46.5 1180 60.0 1520 106 2700 1850 839 SOO-4485
Dimensions - transfer switch In UL type 3R, 4 or 12 enclosure
Denth Cabinet Outline
Helnht Width Door closed Door 0 en Weight type drawing
Amn ratin.. in mm in mm in mm in mm Ib ka
40, 70, 125 34.0 864 26.5 673 12.5 318 365 927 125 S7 3R,12, 310-0453
3-;"1.
40,70,125 42.5 1080 30.5 775 16.0 406 44.0 1118 215 97 3R,12 500-4896
4-pole 4 500-4896
150,225 42.S 1080 30.5 775 16.0 406 44.0 1118 215 97 3R,12 310-0454
4 310-0446
260 46.0 1168 32.0 813 16.0 406 46.0 1168 255 102 3R,12 310-045S
4 310-0447
300,400,600 59.0 1499 275 699 16.5 419 41.5 1054 275 125 3R,12 310-1315
4 310-1316
800, 1000 73.S 1867 325 826 20.8 529 49.5 1257 410 186 3R,12 310-0457
4 310-0449
1000,1200 76.3 1937 36.0 915 22.7 577 54.0 1372 450 204 3R, 12, 4 310-0482
1600, 2000' 90.0 2290 355 826 50.9 1293 80.0 2032 1100 499 3R, 12, 4 310-0744
3000' 90.0 2290 38.0 96S 51.0 1295 84.5 2146 1250 567 3R 310-0745
4000' 90.0 2290 49.0 1244 60.0 1524 105 2654 18S0 839 3R 500-4486
Dimensions - transfer switch in UL type 4X stainless steel 304 enclosure
DeDth Cabinet Outline
Heiaht Width Door closed Door 0 en Weiaht tyne . drawinn
Amn ratln.. in mm in mm in mm in mm Ib kn
40, 70, 12S 46.0 1168 32.0 813 16.0 406 46.0 1168 255 102 4X 500A184
3-;"1.
40,70,125 46.0 1168 32.0 813 16.0 406 46.0 1168 25S 102 4X 500-4896
4-~1.
150, 22S 46.0 1168 32.0 813 16.0 406 46.0 1168 255 102 4X 500-4184
260 46.0 1168 32.0 813 16.0 406 46.0 1168 255 102 4X 500-41 84
300,400,600 73.5 1867 32.S 826 19.5 495 49.5 1257 410 186 4X 500A 185
800,1000 73.5 1867 325 826 195 49S 49.5 1257 410 186 4X 500-4185
1000,1200 70.0 1778 40.0 1016 19.8 S02 59.0 1499 450 204 4X 306-S300
1600,2000 90.0 2290 35.5 826 SO.9 1293 80.0 2032 1100 499 4X 310-0744
* Rear or side access is required to complete power wiring installations.
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@2007 I Cummins Power Generation Inc. I All rights reserved I Specifications subject to change without notice I Cummins Power Generation
and Cummins are registered trademarks of Cummins Inc. PowerCommand and "Our energy working for you.~ are trademarks of Cummins
Power Generation. Other company. product, or service names may be trademarks or service marks of others.
S-1270x(10107)
c.
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Submittal detail - options (accessories specification sheet AC-167)
lOG
Amperage ratings
o 40
070
0125
0150
0225
0260
0300
0400
0600
0800
o 1000
01200
01600
o 2000
o 3000
o 4000
Voltage ratings
o R020 120'
o R038 190
o R021 208
o R022 220
o R023 240
o R024 380
o R025 416
o R035 440
o R026 480
o R027 600
* Line to neutral voltage (not available on 1200-1500 amp switches)
Pole configuration
o A028 Poles - 3 (solid neutral)
o A029 Poles - 4 (switched neutral)
Frequency
o A044 60 Hertz
o A045 50 Hertz
Transfer mode
o AD?? In phase transition (open transition)
o A078 Delayed transition (programmed transition)
o A079 Closed transition (available 1000-4000 amps, for closed
transition below 1000 amps, see CHPC spec sheet 8-1437)
Application
o A035 Utility to gansat
o A036 Utility to utility
o AD3? Genset to gansat
System options
o A041 Single Phase, 2-wire or 3-wire (not available 1200-4000 amps)
o A042 Three Phase, 3-wire or 4-wire
Enclosure
o B001 Type 1: General purpose indoor (similar to lEe type IP30)
o 8002 Type 3R: Intended for outdoor use (dustproof and rainproof)
(Similar to lEG type IP34)
o 8003 Type 4: Indoor or outdoor use (watertight) (Similar to lEe type
IP65)
o 8004 Open Construction: No enclosure ~ includes Automatic
Transfer Switch and Controls
o 8010 Type 12: Indoor use, dusHight and drip-tight (similar to IEC
type IP61)
o 8025 Type 4X: Indoor or outdoor use (watertight) (similar to IEC Type
IP65)
Cummins Power Generation
Americas
1400 73m Avenue N.E.
Minneapolis, MN 55432 USA
Phone: 763 574 5000
Fax: 763 574 5298
Standards
o AQ46 UL 1 008/eSA certification
o A064 NFPA 20 compliant(not available 1200-4000 A)
o AOeO Seismic certification
Controls
o C023 Switch control - level 1
o e024 Switch control ~ level 2
Control options
o M017 Security key - front panel
o M018 Display - digital
o M022 Monitoring - load
o M023 Module - relay
o M031 Communications - LonWorks Network Communications
Module (FTT-10)
Meters
o 0009 Digital bar graph meters
Battery chargers
o K001 2 A, 12/24 V
o KB59 15A, 12V
o KB60 12A,24V
Protective relays
o M036 62PL relay
o M038 86 Lock-out relay
Auxiliary relays - Relays are UL Listed and factory installed. All
relays provide (2) normally open and (2) normally closed isolated
contacts rated 10 A@ 600 VAC. Relay terminals accept (1) 18 gauge
to (2) 12 gauge wires per terminal.
o L 101 24 VOC coil - installed, not wired (for customer use).
o L 102 24 VOC coil - emergency position - relay energized when
ATS in source 2 (emergency) position.
o L103 24 VOC coil- normal position - relay energized when ATS in
source 1 (normal) position
o L201 12 VOC coil - installed, not wired
o L202 12 voe coil - emergency position - relay energized when
ATS in source 2 (emergency) position
o L203 12 VDC coil - normal position - relay energized when ATS in
source 1 (normal) position
Miscellaneous options
o M003 Terminal block - 30 points (not wired)
o M007 Load shed - from emergency - drives switch to neutral
position when remote signal contact closes
o N009 Power connect - bus stabs (150-1200 amp open
construction only)
o N013 Extension harness
Optional lug kits
o N008 Terminal lugs - cable (1600-3000 amps only)
o N020 Terminal block - retransfer inhibit
Warranty
o G002 One year basic
o G004 Two year comprehensive
o G006 Five year basic
o G007 Five year comprehensive
o G008 Ten year major components
Shipping
o A051 Packing - export box
Europe, CIS, Middle East and Africa
Manston Park Columbus Ave.
Manston Ramsgate
Kent CT 12 5BF United Kingdom
Phone 44 1843 255000
Fax 44 1843 255902
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Asia Pacific
10 Toh Guan Road #07-01
TT International Tradepark
Singapore 608838
Phone 65 6417 2388
Fax 65 6417 2399
c.
Power
Generation
@2007 I Cummins Power Generation Inc. I All rights reserved I Specifications subject to change without notice I Cummins Power Generation
and Cummins are registered trademarks of Cummins Inc. PowerCommand and "Our energy worklng for you." are trademarks of Cummins
Power Generation. Other company, product, or service names may be trademarks or service marks of others.
S-1270x(10107)
~ COLLIER COUNTY GOVERNMENT
_PUllCHASII!:GJ:JEI'ARTl\IE.NT 3301 EAST TAM/AMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING
NAPLES, FLORIDA 34112
(239) 252-8407
FAX (239) 252-6588
http://colliergov.net
ADDENDUM
DATE:
January 11, 2008
TO:
Interested Bidders
FROM:
Scott D. Johnson
SUBJECT: Addendum # 1 - Bid # 08-5035
"Building F Generator & Electrical Upgrade"
Addendum #1 covers the following change for the above-referenced Bid:
Change:
1. New bid opening date; January 23, 2008 @ 2:30 p.m.
2. Final completion timeframe shall be two hundred ten (210) days from the notice
to proceed
Add: Please review the attachment "Revision A", 10 drawing pages
Replace: the Contract Proposal (pages GC-P-1) from the original packet with the
attached revised Proposal Pages. Bidders must use the Addendum
Proposal Page in order to be considered for award.
If you require additional information please call Mark Callis, Facilities Management
Department at 239/774-8380 or me at 239/774-8995 or bye-mail at
ScottJohnson@colliergov.net.
NOTE: Words have been deleted, words underlined have been added.
lOG
Deleted: struck through
cc: Mark Callis
~~.M{;?~
{ Z- pa16;,
lOG
08-5035 Revised Bid schedule
ALTERNATE NO.t (PORTABLE GENERATOR)
PROVIDE A 500KW DIESEL STANDBY EMERGENCY GENERATOR WITH A FUEL
TANK 24 HOUR RUN TIME AT 75% LOAD FOR THE DURATION OF THE PROJECT.
THE GENERA TOR SHALL HAVE A 400 AMP AND A 600 AMP CIRCUIT BREAKER
FUEL WILL BE SUPPLIED BY OWNER
PROVIDE CONTROL WIRING FOR AUTOMATIC START.
PROVIDE DATA REGARDING GENERA TOR SPEC/FICA T10NS, TOTAL RUNTIME AND
MAINTENANCE RECORDS TO ENGINEER FOR APPROVAL
$
UNIT PRICING
PROVIDE UNIT PRICE FOR COMPLETE CONCRETE DUCT BANK FROM EXISTING
SUBSTATION BUILDING TO NEW ELECTRICAL ROOM. INCLUDED SHALL BE (4) 4"
PVC SCHEDULE 40 PVC CONDUITS, FITTINGS, BELL ENDS, CONDUIT SPACERS AND
STEEL REINFORCING. ALSO INCLUDE (3) MANHOLES AS SHOWN ON DRAWINGS
AND (I) FUTURE POSSIBLE MANHOLE. PROVIDE FOR TRENCHING, BACKFILL AND
FINAL GRADING. INCLUDE A LENGTH OF 300 FEET IN BID.
Unit Price #1 Duct Bank Installed Per Linear Feet $
Unit Price #2 Manhole $
PROVIDE UNIT PRICE FOR FEEDERS AND CONTROL INTERFACE BETWEEN NEW
OUTDOOR PERMANENT EMERGENCY GENERA TOR AND PROPOSED NEW
ELECTRICAL ROOM. PRICING SHALL INCLUDE BUT NOT LIMITED TO ALL
ASSOCIATED WIRE, DIRECT BURIAL SCHEDULE 80 PVC CONDUIT, FITTINGS AND
TERMINATIONS FOR A COMPLETE AND OPERABLE SYSTEM. PROVIDE FOR
TRENCHING, BACKFILL, COMPACTION, FINAL GRADING, PAVEMENT REPAIR AND
RESURFACING. INCLUDE A LENGTH OF 170 FEET IN BID.
Unit Price #3 Generator Feeder and ControllnstaIled Per Linear Feet
$
..:..~-=
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FW: Questions to be answered
Page 1 of2
Thomas J Lepore
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From: callis_m [MarkCallis@colliergov.net]
Sent: Friday, January 04, 2008 11 :40 AM
To: Thomas J Lepore
Subject: FW: Questions to be answered
Tom
Here is the other request that has come in that needs to be answered.
Thanks Mark
From: JohnsonScott
Sent: Friday, January 04, 2008 10:03 AM
To: callis m
Subject: Questions to be answered
0J
(j)
(f)
o
Question Asked By Asked Date Answer Delete
(!) Keynote 13 on sheet E-4 calls for installing new cable in new conduit from switchboard A to
MDP-A. Note 2 on sheet E-3 calls for installing new conductors from switchboard A to MDP-A
in existing conduits. Note 1 on sheet E-6 calls for new conduits to be integrated with existing
feeders. See sheet E-3 and E-4. Please clarify. Marty Rogers 1/2/20088:39:30 AM
Answer pelete
r-,) The project scope on sheet E-1 calls for the contractor to install a 500 kw portable generator
o with breakers for distribution panel and for Fire Pump Controller, Sheet E-4 shows (2) portable
generators, (1) with a breaker for the fire pump, the other with a breaker for the distribution
panel. Please clarify quantity and size of proposed portable generator(s). Marty Rogers
1/2/20088:22:37 AM Answer Delete
New Electrical Room Keynote 28 on sheet E-3 states door hardware shall comply with NEC
section 110.26 (c) (2). Is this part of the work done by others referenced in Note 1 on sheet E-
3? Marty Rogers 1/2/2008 8: 11 :29 AM Answer Delete
The new feeders from substation A are called out as 400 kcmil on sheet E-3 Note 2. The same
feeders are called out as 350 kcmil on sheet E-4 Note 13. Please confirm which is the correct
size. Marty Rogers 1/2/2008 8:06:25 AM Answer Delete
The invitation to bid states the work is to be finally complete within 120 calendar days. Has any
thought been given to extending the time to 365 days? Marty Rogers 1/2/2008 8:03:53 AM
Answer Delete
The diesel locomotive cable diameter is too large for the EZ 1016. Please amend cable or
Cam-Lok connectors. Gary Beck 12/28/200710:22:17 AM Answer Delete
Please explain engineer's intent behind the following in reference to Riser Notes: a. Does (2)
parallel sets imply (2) conduits or (4) conduits? b. Does (3) parallel sets imply (3) conduits or
(1) (6) conduits? c. Does (4) parallel sets imply (4) conduits or (8) conduits? We believe the
\.!/ parallel sets are for the feeders, not the conduits. Are we correct in this assumption? Gary
Beck 12/26/20078:10:53AM Answer Delete
iser Diagram Note 15 on Sheet E-4 states "2 parallel sets of 4" conduit". Do you really want
(4) conduits with 4-500MCM & 1-1/0 in each conduit, or do you want (1) parallel set... which
would imply (2) 4" conduits with 4-500MCM & 1-1/0 in each conduit? Gary Beck
12/26/20077:31 :24 AM Answer Delete
~ 1. Does drawing E-6 depict a NEW ductbank system? If so, why isn't the existing ductbank
system being utilized for the new feeder from Sub A to the decommissioned panelboard (for
1/6/2008 . { J. -JJ fJ' ( 0_______
VVL~ ~ J ~ fC7'je,?
FW: Questions to be answered
MDP-A)? Gary Beck
12/24/20079:44:53 AM Answer Delete
Scott D. Johnson
Purchasing Agent
Collier County Government
3301 Tamiami Trail East
BLDG "G"
Naples, FL 34112
Telephone: 239/252-8995
Fax: 239/252-6588
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SHEET E-4 KEY NOTE 13
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PROPOSED FEEDER FROM 1,200 AMP CB IN SUBSTATION A SWITCH GEAR
TO PROPOSED PANEL MDP-A LOCATED IN PROPOSED ELECTRICAL
EQUIPMENT ROOM. FOUR PARALLEL SETS 4" SCHEDULE 80 PVC EACH
WITH {3 -350 KCMIL, 1-250 KCMIL N, 1-#3/0 EG} CU THWN INSULATION.
SEE DUCTBANK AND ROUTING REQUIREMENTS.
SHEET E-3 NOTE 2
EXISTING FEEDER FROM 1,200 AMP CB IN SUBSTATION A SWITCH GEAR TO
EXISTING PANEL MDP LOCATED IN EXISTING ELECTRICAL EQUIPMENT
ROOM. FOUR 4" PVC CONDUIT, ONE CONDUIT IS SPARE. THREE CONDUIT
EACH WITH {3 -500 KCMIL, 1-250 KCMIL N, 1-#3/0 EG} REMOVE EXISTING
WIRE AND TURN OVER TO OWNER.
YES
SEE RESPONSE TO QUESTION REGARDING SHEET E-4 KEY NOTE 13
THE TIME FOR COMPLETION WILL BE MODIFIED WITH THE PROJECT WILL
BE SPLIT INTO TWO PHASES AS FOLLOWS:
PHASE 1 - COMPLETE ALL WORK EXCEPT PROVIDING PROPOSED
PERMANENT GENERATOR. {PROVIDE PORTABLE
GENERATOR(S) AS CALLED FOR UNTIL PERMANENT
GENERATOR IS ONLINE AND ACCEPTED}
FURTHER INFORMATION REGARDING REQUIREMENTS
FOR PORTABLE GENERATOR(S) IS FORTHCOMING.
PHASE 2 - INSTALL PERMANENT GENERATOR AND CLOSE OUT
PROJECT
@/ THE DIESEL LOCOMOTIVE CABLE SPECIFIED CONNECTS TO A LUG,
PROVIDED BY CONTRACTOR, THAT IS BOLTED TO THE EIOl6 PANEL
MOUNT CAM-LOK CONNECTOR. SEE DETAIL SHEET E-5
(-z)
TWO PARALLEL SETS MEANS TWO CONDUITS RUN IN PARALLEL EACH
CONDUIT WITH THE SPECIFIED WIRE. THREE PARALLEL SETS MEANS
THREE CONDUITS RUN IN PARALLEL EACH CONDUIT WITH THE SPECIFIED
WIRE. PARALLEL INDICATES THAT THEY HAVE THE SAME ROUTING.
w
THE EXISTING CONDUIT INSTALLATION, WHICH WAS NOT INSTALLED IN A
DUCTBANK, DOES NOT HAVE THE REQUIRED INTEGRITY.
Thomas J Lepore
From: JohnsonScott [ScottJohnson@colliergov.net]
Sent: Tuesday, January 08, 2008 8:44 PM
To: Thomas J Lepore
Cc: callis_m
SubJect: RE: Solicitation Title: Building F Generator & Electrical Upgrade
Thomas: Here are some mote questions...
Question
OJ During the pre-bid meeting it was mentioned that new details or
corrections would be released. Are these availible?
@ Sheet E-6 indicates the concrete duct to be completely formed.
Please verify form on all sides and we can't utilize trench walls and
bottom as form. Will the county provide drawings with predicted
location and direction of existing subsurface utilities?
(j) The room the new electrical equipment is being located in is very
small in relation to the equipment required to be installed and
connected. We contend removal of the sub-base floor is required in
order to facilitate conduit entries under the floor instead of overhead
or along walls. Furthermore, we recommend that the sub-floor be
lowered when reconstructed to allow more overhead space for
equipment. Another option is to demo the room and start anew. All
of these options will allow for adequate space and allow for a much
neater installation of the required sub-systems and the connections.
According to the drawings the room is 18' long x 11.75' wide,
please verify as this is critical for the equipment to fit. It is clear
that major modifications to this room will be required. Will designs
for the required modifications and construction be provided?
(4) As per section 32.2 it is implied that the County intends on
I..Y exercising direct purchase of materials for this project. Is it to be
assumed all materials will be handled in this manner? As per
section 32.2, is the contractor to assume that materials will be
"passed through" at cost from the vendors and if so, is the bid to
reflect cost basis numbers for materials with no markup? As per
section 5, there is time of performance that seems inadequate. Will
this be adjusted to reflect the actual time required to secure the
power generator and complete the work? As per section 5, there are
damages indicated@$1,251.00perday. Is there data or documents
available to validate the "estimated damages" the County will incur
due to delayed completion? If not available, will this data or
documents be available upon contract award for review as fair and
reasonable?
(JJ On sheet E-4, the riser shows transformer XT-MP-I fed out of
panel CMP which does not have a breaker for this load. Panel EQ
has a breaker for this load. Which is correct?
.1/9/2008
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Asked Asked
Answer Delete
By Date
M. h I 1/8/2008
lC ae 9'.08'.00 A D I
nswer e ete
Lester AM
M. h I 1/8/2008
lC ae 9:07:02
Lester AM
M" h 1 1/8/2008
lC ae 9:06:50
Lester AM
M. h 1 1/8/2008
lC ae 9:06:15
Lester AM
Marty
Rogers
1/4/2008
4:33:42
PM
Answer Delete
Answer Delete
Answer Delete
Answer Delete
tVt~~~
2-p~e$
@
In new panel EQ, circuit #25 feeding Panel C - 3rd Floor, the size
of the breaker is not shown, Please advise,
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Marty
Rogers
Page 2 of2
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1/4/2008
4:12:54 Answer Delete
PM
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Question List #2
1. Revision a will be issued soon.
2. Compacted earth may be used as base. Walls are to be formed.
The owner will supply site utility plan drawings, however all excavation is by
hand. Contractor to contact Utility Location Notification: 'NO CUTS' 1-800-
542-0088
3. The room will be utilized as indicated on the plans. The plans are to scale.
Cutting of slab or removal of slab for conduit installation is part of scope.
Floor is to be repaired or replaced as required at same elevation.
4. Answer by purchasing department.
5. The riser diagram on sheet E-4 shows transformer is fed from panel EQ.
6. The breaker is 225 amp 3 pole. It is listed on the panel specification.
eM~~/~e
Question Asked By Asked Date Answer Delete
The specs call for a UL2200 rating on the unit, however UL2200 calls for 1 main line circuit
breaker to be sized at least 100% of the generator output. You are asking for three smaller
breakers. Do you want this unit built to UL2200 standards, except for the breakers and just not
have the sticker? larry davis 1/14/200812:15:38 PM Answer Delete
(2) Will Baldor Generators be an approved manufacturer? Baldor is a publically traded company
\.:/ on the NYSE and uses the same equipment as 2 of the approved vendors. They will be using
the same engine as Kohler and the same generator end as Cummins. The specifications on
the unit has already been sent to the engineer. larry davis 1/14/200810:46:40 AM
(,. ) Answer Delete
W What is the design intent of the splice and T tap in the old MOP to be demolished and reused
as a pull box. Can we reuse existing bus in the MDP as a splice point to eliminate difficulty in
splicing and t-tapping the new feeder and the feeder to the fire pump controller? Edmund
Szeliga 1/10/20083:27:41 PM Answer Delete
@ Sheet E-4 Note 23 reads that the feeder to the fire pump is to be replaced, then Note 24 states
the feed from the Fire pump controller to the Fire pump motor is '3" conduit 3-4/0s THWN cu,
1-#4 THWN cu eg'. Are we to assume the use of overhead EMT is acceptable, or is this to be
cut into the slab like the feed to the fire pump from the ATS. Edmund Szeliga 1/10/2008
2:37:13 PM Answer Delete
There are many unposted questions that remain unanswered and several answers to posted
questions that are not answered completely that impact ability to prepare a bid for the project.
Will adaquate time be provided once all questions fully are answered in order to produce an
fully considered bid? Michael Lester 1/8/2008 9:00:40 PM Answer !;lelete
, During the pre-bid meeting it was mentioned that new details or corrections would be released.
\V Are these availible? Michael Lester 1/8/2008 9:08:00 AM Answer Delete
~ Sheet E-6 indicates the concrete duct to be completely formed. Please verify form on all sides
~ and we can't utilize trench walls and bottom as form. Will the county provide drawings with
~ predicted location and direction of existing subsurface utilities? Michael Lester 1/812008
~ 9:07:02 AM Answer Delete
~ The room the new electrical equipment is being located in is very small in relation to the
equipment required to be installed and connected. We contend removal of the sub-base floor
is required in order to facilitate conduit entries under the floor instead of overhead or along
walls. Furthermore, we recommend that the sub-floor be lowered when reconstructed to allow
more overhead space for equipment. Another option is to demo the room and start anew. All of
these options will allow for adequate space and allow for a much neater installation of the
required sub-systems and the connections. According to the drawings the room is 18' long x
11.75' wide, please verify as this is critical for the equipment to fit. It is clear that major
modifications to this room will be required. Will designs for the required modifications and
construction be provided? Michael Lester 1/8/2008 9:06:50 AM Answer Delete
As per section 32.2 it is implied that the County intends on exercising direct purchase of
materials for this project. Is it to be assumed all materials will be handled in this manner? As
per section 32.2, is the contractor to assume that materials will be "passed through" at cost
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Questions
Page 1 of2
Thomas J Lepore
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From: JohnsonScott [ScottJohnson@colliergov.net]
Sent: Tuesday, January 15, 2008 9:12 PM
To: callis_m
Cc: Thomas J Lepore
Subject: Questions CV 11 er"'1lf1 IV tlr" -# 1
(])
lf17/2008
M~~
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Question List #3
I. The UL 2200 standard is to be adhered to and the generator is to be UL2200
labeled. The specified breakers are to be installed on the generator.
2. A Baldor Generator is NOT acceptable.
3. See Sheet E-4 Rev A Riser diagram Key Notes #24 and #25.
See sheet E-3 Rev A Elev 1-1
4. The use of overhead conduit is not acceptable. See answer to question #3 above.
5, See revised Bid Schedule that has been posted.
~~QjQ-
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~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
ADMINISTRATIVE SERVICES DIVISION PURCHASING SERVICES BUILDING
NAPLES, FLORIDA 34112
(239) 252-8407
FAX (239) 252-6588
http://colJiergov.net
ADDENDUM
,J'c1A. 2-2-
DATE: Jany.ary-1-r:- 2008
~
TO: Interested Bidders
FROM: Scott D. Johnson
SUBJECT: Addendum # 2 - Bid # 08-5035
"Building F Generator & Electrical Upgrade"
Addendum #2 covers the following change for the above-referenced Bid:
Replace: the Contract Proposal (pages GC-P-2) from the original packet with the
attached revised Proposal Pages. Bidders must use the Addendum
Proposal Page in order to be considered for award.
If you require additional information please call Mark Callis, Facilities Management
Department at 239/774-8380 or me at 239/774-8995 or bye-mail at
ScottJohnson@colliergov.net.
NOTE: Words struck through have been deleted, words underlined have been added.
cc: Mark Callis
~uWuEk
2p"J~~
08-5035 Revised Bid schedule
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ALTERNATE NO.1 (PORTABLE GENERATOR)
PROVIDE A 500KW DIESEL STANDBY EMERGENCY GENERATOR WITH A FUEL
TANK 24 HOUR RUN TIME AT 75% LOAD FOR THE DURATION OF THE PROJECT.
THE GENERA TOR SHALL HAVE A 400 AMP AND A 600 AMP CIRCUIT BREAKER
FUEL WILL BE SUPPLIED BY OWNER.
PROVIDE CONTROL WIRING FOR AUTOMATIC START.
PROVIDE DATA REGARDING GENERATOR SPECIFICATIONS, TOTAL RUNTIME AND
MAINTENANCE RECORDS TO ENGINEER FOR APPROVAL.
$
UNIT PRICING
PROVIDE UNIT PRICE FOR COMPLETE CONCRETE DUCT BANK FROM EXISTING
SUBSTATION BUILDING TO NEW ELECTRICAL ROOM. INCLUDED SHALL BE (4) 4"
PVC SCHEDULE 40 PVC CONDUITS, FITTINGS, BELL ENDS, CONDUIT SPACERS AND
STEEL REINFORCING. ALSO INCLUDE (3) MANHOLES AS SHOWN ON DRAWINGS
AND (I) FUTURE POSSIBLE MANHOLE. PROVIDE FOR TRENCHING, BACKFILL AND
FINAL GRADING. INCLUDE A LENGTH OF 300 FEET IN BID.
Unit Price #1 Duct Bank Installed Per Linear Feet $
Unit Price #2 Manhole $
PROVIDE PRICE FOR FEEDERS AND CONTROL INTERFACE BETWEEN NEW
OUTDOOR PERMANENT EMERGENCY GENERATOR AND PROPOSED NEW
ELECTRICAL ROOM. PRICING SHALL INCLUDE BUT NOT LIMITED TO ALL
ASSOCIATED WIRE, DIRECT BURIAL SCHEDULE 80 PVC CONDUIT, FITTINGS AND
TERMINATIONS FOR A COMPLETE AND OPERABLE SYSTEM. PROVIDE FOR
TRENCHING, BACKFILL, COMPACTION, FINAL GRADING, PAVEMENT REPAIR AND
RESURFACING. INCLUDE A LENGTH OF 170 FEET IN BID.
Unit Price #3 Generator, Feeder and Control Installed
$
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CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with Southeastern Communication Service,
Inc. ("Contractor") of 2017 Cattlemen Rd., Sarasota, FL 34232, a Florida corporation,
authorized to do business in the State of Florida, to perform all work ("Work") in
connection with Building F Generator & Electrical Upgrade, Bid No. 08-5035
("Project"), as said Work is set forth in the Plans and Specifications prepared by
Thomas J. Lepore, P.E., the Engineer and/or Architect of Record ("Design
Professional") and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall fumish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work,
Contractor agrees to fumish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: one million two hundred twenty six
thousand six hundred thirty five dollars and zero cents ($1,226,635.00).
GC-CA-1
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Section 4. Bonds.
A Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and liquidated DamaQes.
A Time of Performance.
Time is of the essence in the performance of the Work under this Agreement The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within ninety (90) calendar days from
the Commencement Date (herein "Contract Time"). The date of Substantial Completion
of the Work (or designated portions thereof) is the date certified by the Design
Professional when construction is sufficiently complete, in accordance with the Contract
Documents, so Owner can occupy or utilize the Work (or designated portions thereof)
for the use for which it is intended. Contractor shall achieve Final Completion within
one hundred twenty (120) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager"
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
GC-CA-2
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such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, one thousand two
hundred fifty-one and eighty cents ($1251.80) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the event Substantial Completion is
reached, but the Contractor fails to reach Final Completion within the required time
period, Owner shall also be entitled to assess and Contractor shall be liable for all
actual damages incurred by Owner as a result of Contractor failing to timely achieve
Final Completion. The Project shall be deemed to be substantially completed on the
date the Project Manager (or at his/her direction, the Design Professional) issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize
the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it. after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
GC-CA-3
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G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by Thomas J. Lepore, P.E.
and identified as follows: Building F Generator & Electrical Upgrade
as shown on Plan Sheets 1 through 6.
Contractor's List of Key Personnel
GC-CA-4
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Section 7. Notices
A All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Mark Callis, Project Manager
3301 Tamiami Trail East
BLOG "W"
Naples, FL 34112
Ma rkCal1 is(1i)coll ier!:lov. net
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Southeastern Communications Service, Inc,
2017 Cattlemen Rd.
Sarasota, FL 34232
PHONE (941) 378-0080
FAX (941) 378-0811
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES,
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
Section 9, Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
GC-CA-5
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Section 10. Successors and Assi~ns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement
Section 11. Governin~ Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver,
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire A~reement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15, Chanqe Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
GC-CA-6
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
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IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
Southeastern Communication Service, Inc.
-~.,_._.__. ~..~---
By: It I/~---'-" '-----~ )
Tony Ankersmit, Sr. VP
Michael Lester Type/Print Name and Title
Type/Print Name
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SECOND WITNESS 1
Michael McClaskey
Type/Print Name
Date:
(0 l~(()g
ATTEST:
"'. ""
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ttest a,:~o ChI! , nlldn s
\5 j Qfl4t.ut'.~~,6n 1-
Approved As To F'Jrm
and UlgalSufficrency:
priJ e:
Asli~tant Cou
------7
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTYYRIDA
BY: ;]'fJt..
Tom Henning, Chairman
A,genda
Date
Deputy Clerk
GC.CA-8
EXHIBIT A
PUBLIC PAYMENT BOND
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Building F Generator & Electrical Upgrade
Bond No. 08930458
Contract No. 08-5035
KNOW ALL MEN BY THESE PRESENTS: That Southeastern Communication Service, Inc.
, as Principal,
and FIDELITY AND DEPOSIT COMPANY OFMARYLAND , as
Surety, located at 1400 American Lane Schaumburq, IL 60196
(Business Address) are held and firmly bound to Collier County Government
as Obligee in the sum of One Million Two Hundred Twenty Six Thousand Six hundred thirty Five Oollarsarid-No Cents
($1,226,635.00 ) for the payment whereof 'vve bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the 13th day of
May 2008, with Obligee for Contract #08-5035 Building F Generator & Electrical Upgrade
in N/A accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
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 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 29th
day of May 2008, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
GC-CA-A-1
'[7,
,;
Signed, sealed and delivered
"jA:1a-,
PRINCIPAL
Southeastem Communication Service, Inc.
BY:.A~ ~
NAME: Tonv Ankersmit
ITS: Sr. Vice President
Witnesses as to Principal
STATE OF
COUNTY OF
Florida
Sarasota
The foregoing instrument was acknowledged before me this 30th day of May
20 08, by Tony Ankersmit ,as Senior Vice President of
Southeastern Corrununication Service a Florida 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.
1i~,~~Y PVB!lC.STATE OF FLORIDA
"~''It"l', RIchard W. Wilson
\ ~jCommjssion #DD755641
",,,,,..,,. ExpIres: FEB. 05 2012
BuNDE!) rnRU ATLANTiC nONDING ~o., INe.
NAME:
r)?~w.u~
(Signature of Notary)
12.lq-1.AQ~ Lt..>. WI<-.SC:>kL.
(Legibly Printed)
My Commission Expires:
(AFFIX OFFICIAL SEAL)
Notary Public, State of F L
Commission No.: 1Jl'l75"")6" <-I (
ATTEST:
SURETY.
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
GC-CA-A-2
lOG'
OR
Z~b~~
Witnesses
Romeo Shaw
STATE OF *N/A
COUNTY OF 'N/A
The foregoing instrument was
_.__...._.:t::J!~........................., 2007. by
n...n........_...........n:Nlb.................
Surety, on behalf of Surety.
*N/A
1400 American Lane
Schaumburg, IL 60196
(Business Address)
800-382-2150
(Telephone Number)
* SEE ATTACHED ACKNOWLEDGEMENT
acknowledged before me this
*N/A
day of
as
...n......_.......u..u_n...*N!.b... ........................u.u....
He/She is personally known to me OR has produced
as identification and who did (did not)
take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
*N/A
(Signature)
Name: *N/A
(Legibly Printed)
Notary Public, State of: *N/A
Commission No.: *N/A
GC-CA-A-3
10C'
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~ ..:
- - - ;::
-: :-::: '~~__~~~A~~
;-
-
""~
:..::
State of California
}
County of SAN FRANCISCO
On May 29, 2008
Data
before me,
J. MO, NOTARY PUBLIC
HarslnsertNameandTrtleoftheOflicer
personally appeared
JOHN T. LETTIFRI
Name(s)01 Signar(s)
~II....";' kA A....A.... A 11.............&... A(
,- Ail"'""':"" J. MO
"" i:/k.1'.!l '. COMM. # 1599759 ~
;;; "~i" :~. ' NOTARY PUBlIC - CAlIFORNIA ""
G ~~~' SAN FRANCISCO COUNJY 3:
). ~" MYCOI.IMISSlONEXI'IRES.lLGUST7lllll
v y v ". y 11' y y V V " .,. y y y y '" 'II' (
who proved to me on the basis of satisfactory evidence to
be the person(ll) whose name(lI) is/are subscribed to the
within instrument and acknowledged to me that
he/lli5tll6t~~)( executed the same in hi~~r(mK authorized
capacify(ie:;), and that by hisll~XIt_signature(s) on the
instrument the person(lI), or the entity upon behalf of
which the person(lI) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and oHicial seal.
Place Notary Seal Above
Signature
':V\).J:J
gnature of Nolary Public
OPTIONAL
Thougfl the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacily(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner ~ 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top 01 thumb here
Signer's Name;
o Individual
o Corporate Officer ~ Title(s):
C] Partner ~ 0 Limited 0 General
o Attorney in Fact
U Trustee
o Guardian or Conservator
o Other:
Top oflhurnb here
Signer Is Representing;
Signer Is Representing;
~~-::::::^ ~.~.~__:_ ...J;~~~~~~::'::,::,: ~.___._.~y~~~ ___~
02007 National Notary AssOCia~Ofl. 9350 De So~o Ave. PO. Box 2402 .Chatsworth,CA 91313-2402. .........w.Na~on.aINolal)'_org Item ~5907 Rearder:CaJIToll.Free 1-800-876-6B27
lOG
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said !'W(!ny, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d () ~ereby norrlinate,
constitute and appoint John T. LETTIERI, Tom BRANIGAN, p~tric Ju . , all of San Francisco,
California, EACH its true and lawful agent and Attomey-in- ~{ te 0, or, and on its behalf
as surety, and as its act and deed: any and all bon {') Et6 gs' 0 such bonds or undertakings in
pursuance of these presents, shall be as bi . ~m r\,.\0liif Il ply, to all intents and purposes, as if they
had been duly executed and ac ~re ~~dfRJers of the Company at its office in Baltimore, Md., in
their ownproperpe~\filil; p o~o Issued on behalf of John T. LETTIERI, Mark ROPPO, Tom
BRANIGAN, dated'lJrild5;lYoce?~t"'"
The said Assistant ~es'qielebY certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-~~d Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPAl\'Y OF MARYLAND, this 12th day of
September, A.D. 2007.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
Gregory E. Murray Assistant Secretary M P. Hammond
C-f"?j-f' li/1F~6
~~
Vice President
State of Maryland } s:
City of Baltimore S
On this 12th day of September, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M, P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officcrs of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
9~GJ
Dennis R. Hayden Notary Public
My Commission Expires: February 1, 2009
POA.F 016-0322
lOG
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and \vith the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature ofmortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the lllldersigned, Assistant Secretary ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoInt any Attorney-in-fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a mecting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsilnile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this
29th
day of
May
2008
~~})"~.
Assistant Secretary
lOG
EXHIBIT A
PUBLIC PERFORMANCE BOND
Building F Generator & Electrical Upgrade
Bond No. 08930458
Contract No, @-5035
KNOW ALL MEN BY THESE PRESENTS: That Southeastern Communication S~.r.:riGe , Inc.
__...............__..................... ............_......, as Principal, and FIDELITY AND DEPOSIT COMPANY
OF MARYLAND as Surety, located at
..149.9..6.m.,"-[[(2".o..hiJ.O.Lg,Q.b.iI.Urnburg.j L 601 96
(Business Address) are held and firmly bound to
Collier County Government ....._........___, as Obligee in the sum of
9.!l.<U'!JJllion T.Y!'Q_Hu.o.cJred Twenty Six Thousand Six Hundred I_bjIJ.I'..EL\'~..Q.Q).l"I~..i\ng..NQ..C.e.nis.......
(S.l.,;:>;:>t3.,~~~,.Q.Q_............J for the payment whereof we bGndo!Jr$ehlt~s, our heirs, executors,
personal representatives, successors and assigns, jointly and !':evemlly.
WHEREAS, Principal has entered into a contract dated as of the 13th
May ...............' 2008, with Obligee
..Qontract # 08-5035 Buildinr:! F Generat()[~E;I.~f!ri.<::~L.l,J.r.9Lil.<:I.El............
in accordance with drawings and specifications, ','vhich contract is incorporated by
reference and made a part hereof, and Is refermd to herein as the ContmGt.
day of
for
THE CmJDITION OF THIS BOND is that if PI'lncipal:
i. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. rays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual. incurred b}' Obligee; and
3. Performs the guarantee of all work and materials furnished under th<, 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 Conti'act 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 tlle Contra(:t or other work to
be performed hereunder, or the specifications referred to therein shall in anyv,jae affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
GC.CA-A-4
lOG
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 Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF. the above parties have executed this instrument this 29th
day of May , 2008, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
PRINCIPAL
Southeastern Communication Service, Inc.
BY:
/J c::.:"- -,,~-~~._~_.-
ft ~~~,,..7
NAME:
ITS:
'lbnv Ankersmi t
Sr. Vice President
STATE OF
COUNTY OF
Florida
Sarasota
The foregoing instrument was acknowledged before me this 30th day of
._~Y___._._n_n_.....n' 200Xil by ._._..._.._._.:r:.()l2.'i..~",,::,-,mit___.__......_.._.._..___.._.., as
Sr. Vice President of Southeastern Commnnication Service, ,Ill@.
Florida 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.
1C~Ly,4)~
(Signature)
My Commission Expires:
1{~!!.fY PUBUC-1;TATE OF FLORIDA
/~i:~ Rlc~ard W. Wilson
\~~ lComlTIJssiOD #DD755641
.....,,,,,... ExpIres: FEB. 05 2012
EiJ:"VED THRU ....ru....,T!C BONDING co., me.
Name: f<\C-J"('Pt(~~ W.1>"C'--So"-.)
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: ._..".':.=__
Commission No.: DC> 7 '5 0:;( '-{ (
GC.CA.A.5
lOG
ATTEST:
SURETY',
(Printed Name)
(Business Address)
(Authorized Signature)
OR
Witnesses as to Surety
;he'
,- (") /
j?&ir?/k:;!/ ~ < ~
Witnesses Romeo Shaw
(Business Address)
800-382-2150
(Telephone Number)
STATE OF
COUNTY OF
*N/A
*N/A
* SEE ATTACHED ACKNOWLEDGEMENT
The foregoing instrument
*N/A 200
, 7, by
of *N/A
behalf of Surety.
*N/A
was
acknowledged before me this *N/A day of
*N/A , as *N/A
, a *N/A Surety, on
is personally known to me OR has produced
as identification and who did (did not) take an oath.
He/She
My Commission Expires:
*N/A
(Signature)
Name: *N/A
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: *N/A
Commission No.. *N/A
GC-CA-A-6
,~
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~_~ _ _. _ _ ~A~A~~_~A~ ....: _:-:: ~A~ -
-- --,~ -:~ --'~
Slate of California
}
County of SAN FRANCISCO
On May 29, 2008 before me,
Dale
J. MO, NOTARY PUBLIC
Hera Insert Name andTrt1e of lhe OffICer
personally appeared
JOHN T LETTIERI
Narne(s}o!Signer(s)
~^AAAAAAAAAAAAAA(
"'''', J MO
z .f '-". . COMM.'# 1599759 G)
=" :f:;[,:J . NOTARY PUBUC - CAlIFORNIA 3:
o ~* SAN FRANCISCO COUNJY 3:
'I '...,...." MYCOIlIIISSIONEXI'IRES.lLGUST7,lllll I::
rVVYVVYVVVYVYYYYYTY
who proved to me on the basis of satisfacfory evidence to
be the person(ll) whose name(lI) is/are subscribed to the
within instrument and acknowledged to me that
he/~~~)( executed the same in hi~~r(mK authorized
capacity(i26), and that by hiS/1llllXltleilXsignature(s) on the
instrument the person(J), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certity under PENALTY OF PERJURY under the laws
of the State of California lhat the foregoing paragraph is
true and correct.
WITNESS my hand and oHicial seal.
O;Y::: No"~ Po""
Place Notary Seal Above
Signature
OPTIONAL
Though the information below is not required by law, it may prove valliable to persons relying on the document
and could prevent fraudulent removal and realtachment of this form to another document
Description of Attached Document
Title or Type of Document
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
LJ Trustee
o Guardian or Conservator
o Other: _"__~,~,._
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
.
Top of thumb here
Signer Is Representjng:_~
Signer Is Representing:
~~V~~~~
02007 National Notary Association' 9350 De Sola Ave. PO Box 2402. Chal9WOrth. CA 91313-2.::.02. W'WWNationalNotaryorg hem ~5907 Reorder:CaJl Toll-Flee \.&0-[176-6827
lOG
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the By- Laws of said ?lP~ny, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d W:O )QJi:hereby nominate,
constitute and appoint John T. LETTIERI, Tom BRANIGAN~patric In', all of San Francisco,
California, EACH its true and lawful agent and Attomey-in- , ute 0, or, and on its behalf
as surety, and as its act and deed: any and all bon . . gs~~ ' . 0 such bonds or Wldertakings in
pursuance of these presents, shall be as bi . u 0 ~mJ(f~~~~cl--i ply, to all i.lltcnts an~ purp~ses, as ifth~y
had been duly executed and ac '~rc 1 . ~- dffitJers of the Company at ltS office III BaltImore, Md., ill
their own proper pefflt\jfjj;t p ~o Issued on behalf of John T. LETTIERI, Mark ROPPO, Tom
BRANIGAN, dated\lJilidS;10~~\.3
The said Assistant ~~es \t!e\{l~ certifY that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-LWi\;'~dCompany, and is now in force.
IN .WITNESS WHEREOF, the said Vice-President and Assistant Secretary have herelUlto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of
September, A.D. 2007.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
{~O.-"E. 1111.v..-\..
I 'J "
, ( )
~~
M. P. Hammond
Vice President
State of Maryland } ss:
CIty of BaltImore
On this 12th day of September, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary of
the FIDELITY AND DEPOSIT COMPANY OF :fvfARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
9rLJ
Dennis R. Hayden Notmy Public
My Conunission Expires: February I, 2009
POA.F 016.0322
lOB
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is shll in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsirrrile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed. I!
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this
29th
da of May
y --.--.------...
2008
L}J~~
Assistant Secretary
~
ACORD,.
PRODUCER
Aon Risk Insurance services West, Inc.
fka Aon Risk Serv, Inc. of N CA Ins Serv
225 W. Santa Clara St.
suite 1150
San Jose CA 95113 USA
PHONE. 866 283-7122
THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATI
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
FAX. 847 953-5390
INSURERS AFFORDING COVERAGE
INSURER A: old Republic General Ins corp
lNSURERIJ: Lexington Insurance Company
~
"
rc
'=
=
"
::i
~
"
'0
-=
::
NAIC#
INSURED
southeastern Communication Service, Inc
2017 Cattlemen Road
Sarasota FL 34232 USA
24139
19437
INSURER c:
INSURER D:
INSURER E:
INSR
LTR INS
THE POUCIES OF INSURANCE USTED BEWW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIIE POuey PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WInCH TIllS CERTIFICA TE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES.
AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED
TYPE OF INSURANCE
POLICY EFFECTIVE POLICY EXPIRATION
DATE(MM\DD\YY) DATE(MM\DD\YY)
05/01/08 05/01/09
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea oCl,:urence)
y one person
$1,000,000
$100,000
POLICY NUMBER
LIMITS
A
AICG92140800
~ERAL LIABILITY
X COMMERCIAL GENERAl LIABILITY
CLAIMS MADE ~ OCCUR
PERSONAL & ADV INJURY
$1,000,000
$2,000.000
o
'"
....
...
N
'"
<Xl
N
o
o
....
~
GENERAL AGGREGATE
GEN'L AGGREGATE LIMIT APPLIES PER:
D POLICY
PRODUCTS - COMP/OP A(,,(J
$2,000,000
l11'1 PRO. 0 LOe
U JECT
A
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON OWNED AUTOS
A1CA92140800
05/01/08
05/01/09
COMBINED SINGLE LIMIT
(Eaaccident)
Q
$1,000,000 Z
e
.
u
rc
'f
"
u
DODlL Y INJURY
(Perperson)
BODILY INJURY
(Peraccidenl)
coll oed U,OOO
collision oed $1.000
PROPERTY DAMAGE
(Per accident)
.
GARAGE LIABILITY
B ANY AUTO
EXCESS IUMBRELLA LIABILITY
~ OCCUR D CLAIMS MADE
AGGREGATE
$5.000,000
AUTO ONLY - EA ACCIDENT
OTHER THAN EA ACC
AUTO ONLY:
AGO
05/01/08
7022292
EACH OCCURRENCE
[JDEDUCTIBLE
DRETENTION
A
DTH.
A C
x WC STATU-
WORKERS COMPENSA nON AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR I PARTNER I EXECUTIVE
OFFICERlMEMBER EXCLUDED?
If yes, describe under SPECIAL PROVISIONS
below
E.L. EACH ACCIDENT
E.L. DlSEASE-EA EMPLOYEE
E.L. DISEASE POLICY LIMIT
$1,000,000 _
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DESCRIPTION OF OPERATlONSILOCATlONSlVEHICLESlEXCLUSIONS ADDED BY ENooRSEMENTISPECIAL PROVISIONS
Contract #08-5035 "Building F Generator & Electrical upgrade", The OWner is included as Additional Insured
respect to the General Liability policy, Insurance is primary and Non-Contributor~. waiver of Subrogation
granted in favor of the OWner and the policy with respect to the workers Compensatlon.
with
;s
collier County Government
Attn: Scott Johnson] purchasing
3301 E. Tamiami Trai
Naples Fl 34112 USA
Agent
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREO.', THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
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PRODUCER
Aon Risk Insurance Services west, Inc.
fka Aon Risk serv, Inc. of N CA Ins Serv
225 w. Santa Clara St.
suite 1150
San Jose CA 95113 USA
HIS CERTIFICATE IS ISSUED AS A MA ITER OF INFORMATION ONLY AND
ONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
OES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
OLlelES BELOW.
PHONE. 866 283 7122
FAX. 847 953-5390
COMPANY
A
COMPANY
B
COMPANY
C
COMPANY
D
COMPANIES AFFORDING COVERAGE
Lexington Insurance Company
INSURED
Southeastern communication service, Inc
2017 cattlemen Road
Sarasota FL 34232 USA
eovildXc
TIDS IS TO CERTIFY lHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWIlHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITII RESPECT TO WIllCH TIDS
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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE LICY EXPIRA TIO
DATE (MMfDDfYY) DATE (MMIDDIYY)
COVERED PROPERTY
LIMITS
PROPERTY
BUILDING
CAUSES OF LOSS
BASIC
BROAD
PERSONAL PROPERTY
BUSINESS INCOME
w/oExtr.Expense
EXTRA EXPENSE
BLANKET BUILDING
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EARTHQUAKE
FLOOD
BLANKET PERS PROP
BLANKET BLDG & PI'
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05/01/08
05/01/09
X scheduled
x Leased/Rented
11,036,02
$250,00
TYPE OF POLICY
Equipment Flotr
CRIME
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Contract #08-5035 "Building F Generator & Electrical upgrade".
SPECIAL CONDmONS I OTHER COVERAGES
Collier County Government
Attn: Scott Johnson, purchasing Agent
3301 E. Tamiami Trail
Naples FL 34112 USA
tE1J.;A;,1'IO :"t:''']~1~~~1HJ;~~#f*J(~~~sf;
SHOUW ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LHT,
BUT l'A1LURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OFANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
.U:OllD 14 .1195 ~.,., '. "0
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EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in
Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice
of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of
all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner.
(5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
lOG
coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
from any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? [gJ Yes D No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
Contractor during the term of this Agreement for all employees engaged in the work under this
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
not be less than:
a. Worker's Compensation - Florida Statutory Requirements
GC-CA-B-2
b. Employers' Liability
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
1 0 G'IJ~
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work.
D Applicable [gJ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work.
D Applicable [gJ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? [gJ Yes D No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage, Limits of Liability shall not be less than the following:
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
GC-CA-B-3
$ 300,000
$ 300,000
$ 300,000
$ 300,000
$ 50,000
$ 500,000
$ 500,000
$ 500,000
$ 500,000
$ 50,000
$1,000,000
$1,000,000
Personal and Advertising Injury
Each Occurrence
Fire Damage
x
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
lOG
$1,000,000
$1,000,000
$ 50,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 50,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
(3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
coverage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement.
D Applicable ~Not Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement.
D Applicable ~ Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
GC-CA-B-4
lOG
(2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? C2J Yes D No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
Bodily Injury & Property Damage - $ 500,000
X Bodily Injury & Property Damage - $1,000,000
Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
GC-CA-B-5
lOG
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-6
lOG ':f
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated 2007 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,2007, by
,~~ ,a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No,:
GC-CA-C-1
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EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No,
Project No
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Time:
Revised Contract Time:
%
%
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
=
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inciusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE
(Type Name and Title)
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
FROM: Collier County Government
Construction Agreement Dated:
Date:
Change Order Description
Original Agreement Amount ....................................................... ...$
Sum of previous Change Orders Amount ............ ..............$
This Change Order Amount ................................. ...............$
Revised Agreement Amount ................. ...............................$
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance, The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Approved by: Date:
Division Administrator
Approved by: Date:
Purchasing Department
GC-CA-E.5
Authorized by
Director
(For use by Owner: Fund
Number: )
Cost Center:
GC-CA-E-6
Date:
Object Code:
, i" 'r'\
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Project
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EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No,
Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents,
Executed by Design Professional on
,2007
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2007
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2007
OWNER
By:
Type Name and Title
GC-CA-F-2
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EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2007
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents,
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4, 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation,
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10, Consent of Surety received on
11, Operating Department personnel notified Project is in operating phase,
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
GC-CA-G-1
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By Design
Professional:
By Owner:
GC-CA-G-2
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
106
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EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
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those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
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3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 50 a,m. to 50 p.m., Monday
through 51. No work shall be performed outside the specified hours without the prior
approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
GC-CA-H-3
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4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
GC-CA-H-4
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4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
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5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
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substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an iternized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
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8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
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faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
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9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
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sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
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written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
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determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately,
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
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above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
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calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
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Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
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by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
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to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
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construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
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23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
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authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
GC-CA-H-21
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the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
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shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
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28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.net/purchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
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32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
GC-CA-H-25
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33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
GC,CA-H-26
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33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
GC-CA-H-27
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
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Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
GC-CA-H-28
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35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing for all employees that shall provide services to the County under this
Agreement. This may include, but not be limited to, checking federal, state and local
law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
GC-CA-H-29
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EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
GC-CA-I-1
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EXHIBIT J
TECHNICAL SPECIFICATIONS
Specification are enclosed on plan drawings
GC-CA-J-1
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EXHIBIT K
PERMITS
GC-CA-K-1
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EXHIBIT L
STANDARD DETAILS
GC-CA-L-1
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EXHIBIT M
PLANS AND SPECIFICATIONS
GC-CA-M-1
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1
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MEMORANDUM
Date:
May 14,2008
To:
Pamela Keyes, Environmental Specialist
Coastal Zone Management
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-147: Supporting a grant application
going to the Florida Fish & Wildlife Conservation
Commission for a Boating Improvement Program
Enclosed you will find a certified resolution and the original grant
application (Agenda Item #10H), adopted by the Board of County
Commissioners on Tuesday, May 13, 2008.
If I can be of any further assistance, please call me at 252-8406.
Thank you.
Enclosure (I)
IOH
lOH
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
ROUTING SLIP
Complete routing Jines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exccDtion of the Chairman's sienature, draw a line throul!h routine: lines # I throue:h #4, comolete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
l. Marlene Foord Grants Office ,
r:"
"JC\\~
2. Colleen Green County Attorney C)'
\.'1,0:,.
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 docurnl.:nt 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 ofthc addressees above, including Sue Filson, need to contact stalTfor additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the
item.)
Name of Primary Staff Pamela Keyes
Contact
Agenda Date Item was 05113/2008
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Grant Application
Number of Original
Documents Attached
252-2980
10.H (lUG
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro date.
Original document has been signcd/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 licablc.
"Sign here" tabs are placed on thc 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 Bee approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan Jes, if a licable.
Yes
(Initial)
N/A(Not
A plicable)
2.
3.
4.
5.
6.
I: Forms! County Forms! BCC Forms! Original Documents Ruuting Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
lOH
RESOLUTION NO. 2008_147
RESOLUTION AFFIRMING AN APPLICATION FOR A
GRANT FROM THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION, FLORIDA BOATING
IMPROVEMENT PROGRAM
WHEREAS, the State of Florida Fish and Wildlife Conservation
Commission encourages counties to improve recreational boating in their areas
through the Florida Boating Improvement Program (FBIP); and
WHEREAS, Collier County desires to fund a Recreational Boating
Characterization Study located in the County; and
WHEREAS, Staff is requesting that the Board of County Commissioners
affirm submittal of a grant application and signed by the Chairman on behalf of
Collier County and to authorize the County Manager to designate a staff project
manager to perform all necessary acts to obtain these grants, and to accomplish
the goals of such a grant if awarded to the County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners affirms submittal of the grant application
sign by the Chairman, attached hereto, and authorizes the project manager to
apply for and administer the grant on behalf of the Board with all understandings
and assurances contained therein, and also authorizes Staff to act in accordance
therewith.
This Resolution adopted this _ day of
second and majority vote in favor of adoption.
2008, after motion,
ATTEST
DWlmH EA'lROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER C
Item # lC..l:t-
C'_,
A:~ a.ab~/1QCBy<.
.t~ OIl~. .
Approv.e,d .as,.tp form and
legal sufficiency:
jjflOop.-fn ~ Q
Colleen Greene '
Assistant County Attorney
Agenda '5 "'f~-'\~
Date _U
Dat~ '5 -N1~
Reed
10H
It.', FI.O. rida. F.iSh and Wildlife
Conservation Commission
J\1}rwc,'~\.,.m
.--
FLORIDA BOATING IMPROVEMENT PROGRAM
GRANT APPLICATION FOR ECOMOMIC
DEVELOPMENT INITIATIVES AND OTHER LOCAL
BOATING-RELATED PROJECTS
Grant Application Number:
FOR OFFICE USE ONLY
I Date Reeeived:
Fl!' l!
th t
L
l! th
t' hi k
I /na see IOns a applY ~ eave a 0 er see IOns an
I - APPLICANT INFORMATION
a. Applicant: Collier County Coastal Zone Management
b. Federal Employer ld. No.: 59-6000558
c. Project Manager Name: Pamela Keyes Project Manager Title: Environmental Specialist
d. Mailing Address: 3300 Santa Barbara Blvd City: Naples Zip Code: 34116
e. Shipping Address: SAME City: Zip Code:
f. Telephone: 239-252-2980 Fax: 239-5306531 Email: pamelakeyes@colliergov.net
g. District Numbers: State House: 75,76,77,101,112 State Senate: 37,39 County Commission:
II - PROJECT SUMMARY
a. Project Title: Recreational Boating Characterization Study
b. Type of Application: 1 [8J New (never considered before) I!? 'd . I 0 Phased Continuation-Phase No.: _
eeODS] eratlOn
c. Project Category: TIER-I TIER-II
[8J Other Local Boating Related Activity o Economic Development Initiative
d. Project Cost: Total Cost: $ 180,000 Amount Requested: $ 80,000
e. Project Summary:
The proposed project is for the continuation of a multi-phased comprehensive recreational boater characterization study in Collier
County. The study will be conducted by Florida Sea Grant with support from the Florida Wildlife Research Institute and Collier
County's Coastal Zone Management department. Requested funding will support the implimentation of third and final wave of
surveys, data analysis and reporting for the project. Specifically, funds will be used to support the preparation and mailing ofa third
wave of seasonal boater questionaires, which will be tabulated based on a boat classification system previously identified by the
project team. The returned information will then be entered into a GIS database. Funding will also support the seasonal analysis of
project elements identified from the surveys including: I) boater group characterizations, 2) seasonal boating characterizations, and
3) characterization and ranking of perceived detractors and needs, and a spatial analysis of boating patterns to generate density
maps of trip features. Finally, funding will support the printing of35 copies of the final report for distribution. The total amount
requested for this proposal is $80,000.
FWCIFBIP-E (01/08)
Page I of5
ION
III - PROJECT NEED
a. List Primary Need for Project:
o Safety
o Age-end of Useful Life
o Environmental Needs of the Area
[8J Other:
o High Demand by Users
[8J Recommended by FWC Staff
[8J Lack ofIn-house Capability
b. Need Statement:
A Boater Characterization Study in Collier County will have several practical applications for future management decisions, and
will address a variety of boating issues within the County such as boating access points, traffic patterns, congestion hot spots,
potential user contlicts, resource protection, and education needs within the County. Other land managers within the County and
other loca] municipalities will also benefit from the information collected in this study.
Currently, the County is revising its manatee protection plan. As a requirement of this plan, the County must include a Boat
Facility Siting Guide that among other things must include the following criteria to minimize boat and manatee interactions: an
inventory of existing boat facilities and natural resources; an evaluation of boat use and traffic patterns; criteria on which proposed
sites will be screened; a list and map of preferred locations, unacceptable locations, and locations which are acceptable with
specific conditions; appropriate dock densities; and boat facility siting policies including a policy for the expansion of existing boat
facilities. The data from this boating characterization study and aerial surveys tlown by Mote Marine Lab will be cross referenced
to better determine where boaters are traveling, and if this travel conflicts with manatee use areas.
The boater characterization study collects information on traffic routes, seasonal variations, types and volumes of boats, boating
activities and distributions. Data collected will assist resource managers and educators to develop new programs and/or enhance
existing ones that will help provide solutions for boating issues identified in the study. Some of the benefits of the study as
indicated in similar studies include:
- Spatial representation of boater departure sites, routes and destinations relevant to addressing community concerns regarding
waterway access, and waterway maintenance activities.
- Comparison of boating information with other GIS layer (e.g., environmental, boating accidents) to guide resource and public
safety management.
- Information about on-water boater behavior and regulation compliance to assist programs with limited resources, such as the
Sheriffs marine law enforcement, by optimizing resource allocation.
- Identification of problems, solutions, and information needs related to boating to help develop management strategies and
communication products that foster environmental stewardship and improve recreational boating experiences.
IV - PERMITS
a. Does the project require a permit? DYes [8J No
b. If Yes, what type: o Local o State 0 Other, explain:
c. Status of Permit Application: o Not yet applied for 0 Applied for, pending o Approved
FWCIFBIP-E (01108)
Page 2 of5
lUH
v - BUDGET
a. Has a detailed cost estimate been developed for this project? If yes, attach a copy to application.
~ Yes, Preliminary o Yes, Final DNa
b. PROJECT COST: NON-CASH FUNDS
Other Do Not Use
Cost I tern Applicant (List below in This Column TOTAL
Section V I)
Administration $ 1,000 $ $
In-Kind Engineering! Construction Management $ $ $
In-Kind Labor $ 8,000 $ $
In-Kind Materials $ $ $
In-Kind Equipment $ 1,000 $ $
Total Non-Cash Funds $ 10,000 $ $ 10,000
c. PROJECT COST: CASH FUNDS
Other
Cost Item Applicant (List below in FBIP Grant TOTAL
Section VI)
Planning / Engineering / Design $ $ $ $
Implementing $ $ $ 80,000 $ 80,000
Other: $ $ 100,000 $ $ 100,000
Total Cash Funds $ $ $ $
d. TOTAL FUNDS (Non-cash + Cash funds) $ $ 100,000 $ 80,000 $ 180,000
VI - OTHER SOURCE OF FUNDS (Partnerships)
a. Funding source / Agency: FDEP - Florida Department of Environmental Protection Coastal Zone Management
b. Type of funding: o Federal grant ~ State/Local grant o Loan
c. Grant Name: Boater Characterization Studv Amount $
d. Approval Status: o Approved ~ Pending o Intend to Apply, Date:
a. Funding source / Agency:
b. Type offunding: o Federal grant o State/Local grant o Loan
c. Grant Name: Amount $
d. Approval Status: o Approved o Pending o Intend to Apply, Date:
a. Funding source / Agency:
b. Type offunding: o Federal grant o State/Local grant o Loan
c. Grant Name: Amount $
d. Approval Status: o Approved o Pending o Intend to Apply, Date:
FWCIFBlp.E (01108)
Page 3 of5
lOH
VII - ENVIRONMENTAL ASSESSMENT
YES NO
a. Will the project significantly or adversely affect the environment? IZI 0
b. If Yes, please explain key issues and describe any mitigation actions proposed.
Once completed, the boater characterization study will allow the County, and other resource managers, to better detennine if and
where there are any environmental impacts occurring in the County. Site specific signage or education programs can be developed
to lessen or prevent these identified environmental impacts. New partnerships can be fonned to develop solid management plans,
prioritization of these environmental issues, and the County can focus its resources toward improvement of these issues.
VIII - BOATER SAFETY
a. Explain how the project may affect boater safety whether positively or negatively.
This boating characterization study would positively affect boater safety. Issues such as boating access, congestion hot spots,
potential user contlicts, resource protection, and education needs within the county will be identified in this study. IdentifYing
where these potential conflicts exist will allow for resource managers to not only focus their resources, but to be able to
prioritize their actions to address these issues.
"'.....', .b.
..-..--............
FWClFBIP-E (01/08)
Page 4 of5
ItJH-
IX - APPLICA nON ATTACHMENTS CHECKLIST
Include an electronic copy on CD or floppy disk and seven (7) photocopies ofthe application with attachments.
Inc. .. - Required Attachments _. .
~ a. Cover Letter: application transmittal cover letter (Identity priority rank with multiple applications).
~ b. Application: One (I) application with original signature from authorized individual.
~ c. Project Proposal: a detailed description of project as outlined in the application instructions.
d. Resolution: An adopted resolution, by the Governing Body, authorizing that the Project Manager has the authority to
~ apply for and administer the grant on behalf of the applicant. If the Applicant is applying on behalf of another public
entity, then a Memorandum of Understanding between the Applicant and the public entity must also be submitted.
. - . Optional Attachments. _ _
~ e. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor or an
engineer's cost estimate.
D f. Permits: Photocopies of necessary project permit(s) or permit application(s). If exempt, provide notification of
exemption from permitting agency.
D g. Plans: preliminary design/engineering plans (if completed).
~ h. Support/Opposition: Attach letters of known public support or known public opposition.
APPLICANT SIGNATURE
Application is hereby made for the activities described herein. I certify that I am familiar with the information contained
in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further
certify that I possess the authority including the necessary requisite property interests to undertake the proposed activities.
I also certify that the Applicant's governing body is aware of and has authorized the Project Manager as the official
representative of the Applicant to act in connection with this application and subsequent project as well as to provide
additional information as may be required. By signature below, the Applicant agrees to comply with all applicable
federal, state, and local laws in conjunction with this proposal and resulting project so approved.
..<'"
10
Print/Ty
Chl\.lYY\\Cl\\
Title
rSI13/J,06t,
Date
STATE OF FLORIDA, COUNTY OF ( ('o! J I e.-'
)
,200~,
Personally appeared before me this /3tt-, day of {ho<-y
subscribed and swore to the above instru. m. ent in~.esence. '
a ~ {,.,,-...
Notary Public Name:! ~..-{. e .-. .~
My commission
FWCIFBIP-E (01/08)
NOTE: Instruction and further information regarding this application and the Florida Boating)mprovement PrograrhlOan be found in
the Florida Bo . 8ll'l8'~lP. SilIIIcIliinJv; or you may contact the Program Administrator at: Florida Fish and Wildlife
Conservation lor' a Boa 1m rovement Program, 620 South M.IIl'idA!~e!-:,Tallahassee, .FL 32:).99-1600; or call
(850) 488-5600; DWlqHT e::C.,SROCK, CI4t(li' .
f\'I/A 'j,~O'~'
By; 'itU'ti11" ' T'"
..... __ _A.. ;...;0._ ,_..____ __^______
Colleen Greene,
Assistant County Allorney
Page 5 of5
ION
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
FLORIDA BOATING IMPROVEMENT PROGRAM
Instruetions for Completing the Grant Application for Economic
Development Initiatives and Other LoeaI Boating-Related Projeets
General Instructions:
· Submit one (1) original and seven (7) copies.
· Submit an electronic copy of application on CD or floppy disk.
· Staple application in upper left-hand comer, or clip with one binder clip. DO NOT
SPIRAL BIND OR PLACE IN A THREE-RING BINDER OR REPORT COVER.
· Please place a tabbed divider between each attachment.
· Please make all photocopies of attachments on paper no larger than II" x 17".
I - APPLICANT INFORMATION
a. Applicant: Enter the name of the county, municipality, or other governmental
entity applying for the grant.
b. Federal Employer Id. No.: Enter the applicant's Federal Employer Identification (FEID)
Number. Payment will be sent to the address associated with this
FEID number.
c. Project Manager Name: Enter the name and title of the person in charge of the project. All
Title: correspondence will be sent to this person.
d. Mailing Address: Enter the mailing address for the Project Manager. All
eorrespondenee will be sent to this address.
e. Shipping Address: Enter the physical address for the Project Manager (no post offiee
Zip Code: boxes) for delivery of overnight packages.
f. Telephone No.: Enter the telephone number, fax number, and email address where
Fax No.: the Project Manager may be contacted during regular business
E-mail: hours.
g. District Numbers: Enter the District numbers for the State House, State Senate and the
County Commission.
Page I of4
ION
II - PROJECT SUMMARY
a. Proiect Title: Provide a brief title for the proiect.
b. Type of Application: Check "New" if you have never applied for FBIP funding for this
project. Check "Reconsideration" if you have applied before but did not
receive funding. Check "Phased Continuation" if the project has
previouslv received FBIP funding.
c. Project Category: Check only one project category. Refer to the guidelines for project
category descriptions. Application will be ranked only against other
applications within the same project category. The Commission
reserves the right to re-assign an application to another project category
to maximize funding.
d. Project Cost: Enter total amount of project cost, including only the eligible project
elements where grant funds will be used. Enter the amount of funds
requested from FBIP.
e. Project Summary: Provide a brief description of the goal of the project, the work to be
done and the expected outcome or final product.
III - PROJECT NEED
a. List Primar Need for Pro'ect:
b. Need Statement:
Check the cate ory that is most a licable.
Briefly describe why this project is needed. Explain any existing
problems and how this project will correct the problem, or describe how
this ro'ect will enhance recreational boatin in the local communit .
IV - PERMITS
Check status of all permit applications. If project type does not require permits, or project is exempt from
permitting requirements, check "No". If available, attach a photocopy of all permits or permit applications.
If project is exempt, attach a copy of exemption notification.
V - BUDGET
a. Has a detailed cost estimate Indicate whether a preliminary or final cost estimate has been
been developed for this developed. If yes, attach a copy of the estimate to the application.
oroiect?
Enter amount of in-kind matching funds for each cost item. Amounts in
b. PROJECT COST - NON- "Other" column should include in-kind funds from any third-party
CASH FUNDS' agreements (provided by someone other than the applicant). *Please
note: All applieations must include some form of non-eash matehing
funds.
c. PROJECT COST - CASH Enter amount of funding to be provided by the applicant and other
FUNDS sources. Enter the amount of funding requested in the column labeled
"FBIP Grant."
d. TOTAL FUNDS Sum of non-cash funds and cash funds for each column.
Page 2 of 4
lOH
. i
,
VI - OTHER SOURCE OF FUNDS (STATUS)
Include information on funding from sources other than FBIP or applicant. Enter information for each
funding source.
a. Funding Source: Check source of funds: Federal grant, State/Local grant, or loan.
b. Grant Name: Enter name of grant program.
c. Approval Status: Enter status of grant/loan application. If "Intending to Apply", enter
date of application deadline.
VII - ENVIRONMENTAL ASSESSMENT
a. Will the project significantly Explain how the project will have a significant or adverse affect on the
or adversely affect the environment and include information on the impacts to water quality,
environment? wetlands, seagrasses, imperiled species, etc.
b. If Yes, please explain key
issues and describe any
mitigation actions DfoDosed.
VIII - BOATER SAFETY
a. Explain how the project may Provide explanation of how the project may improve boater safety (i.e.
affect boater safety whether increased education, increased law enforcement, etc.) or, explain any
positively or negatively. potential boater safety hazards and how they will be corrected. Also,
please indicate if the project will have no effect on boater safety.
IX - APPLICATION ATTACHMENTS CHECKLIST
Indicate which attachments have been included with the application. Required attachments must be included
or application will be deemed incomplete. Optional attachments may be omitted, but applications with
optional attachments included will receive a higher score during evaluation. Please place a tabbed divider
between each attachment. Submit one original (with original signature) and seven (7) photocopies of the
entire application with attachments.
Completed applications should be in the following order: Cover Letter, Application Form, Project Proposal,
Resolution, and Optional Attachments if included.
Page 3 of 4
ION
PROJECT PROPOSAL
The Project Proposal should be a detailed description of the project and should include the following
elements:
Project Description A detailed description of the project including what the project will
produce or accomplish and how the project will serve the needs of
recreational boaters and boating-related activities in your area.
Specific Tasks Describe the work that will be done in order to complete the project.
(For example: Task 1 - Conduct Boater Survey, Task 2 - Feasibility
Study, Task 3 - Develop Economic Impact Statement)
Timetable Include a proposed schedule for when tasks are to begin and when they
will be completed by quarter.
Page 4 of 4
ORIGINAL DOCUMENTS CHECKLIST & ROUTlNG'II(9' I ' ~i
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT ""
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board atTice. 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
exee tion of the Chairman's si ature, draw a line thrau h mutio lines # 1 throu h #4, com lete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
List in routin order)
(fhe 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 docwnents needing the Bee Chairman's signahlre are to be delivered to the BeC office only after the Bce has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
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 1\\
Chairman and Clerk to the Board and ossibl State Officials.) ""\j
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 BCe office within 24 hours of Bee 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!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated In the attached document. The
Count Attorne 's Office has reviewed the chan res, if a licable.
1.
AdMil\' ~t-J;,t)
~),~)br
S"1$=l--
,.
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
lOr.
l
--
N/A is not
an option for
line 6.
I: Formsl County Fonns} BeC Forms} Original Documents Routing Slip WWS Original 9.03.()4, Revised 1.26.05, Revised 2.24.05
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Jo (1,1
Agenda Item Number
"w
Phone Number
S/,3)Og
~b :flO ,.1
Number of Original
Documents Attached
1.
2.
3.
4.
5.
6.
101
'4~
RESOLUTION NO. 08- 148
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN OLDE
CYPRESS UNIT ONE, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK
32, PAGES 1 THROUGH 11; 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
OLDE CYPRESS MASTER PROPERTY
OWNER'S ASSOCIATION, i.e, LOGAN
BOULEVARD EXTENSION WITHIN TRACT R-l
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
April 13, 1999 approved the plat ofOlde Cypress Unit One 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 Olde Cypress Unit One,
pursuant to the plat thereof recorded in Plat Book 32, pages I through 11, 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 Olde Cypress Master Property
Owner's Association, i.e. that portion of Logan Boulevard within Tract R-l. Logan
Boulevard was deeded to Collier County at O.R. Book 3398, Pages 1214 -1218.
This Resolution adopted after motion, second and majority vote favoring same,
this \D~ day of M~ ,2008.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
,D
Approved as to fo
suffic' cy: .
BOARD OF COUNTY COMMISSIONERS
COLLlER7TY, FL RIDA .
By: J~
TOM HENNING, CHAIRMAN
Item #
~
.~.-genda t::::._t'J...-d
:"late ~
'ffili ~
Deputy Clerk
MEMORANDUM
Date:
June 3, 2008
To:
Jodi Hughes, Technician
Engineering & Environmental Services
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Collier Seminole State Park - Utility Facility Bill of Sale
Enclosed please find one (I) original of the Agreement, as referenced
above, approved by the Board of County Commissioners on Tuesday, May
13,2008 (Agenda Item #16AI)
The Minutes and Records Department has retained one original
document for Boards official records.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure
16Al
c
c
16A 1
~"Unt:.y
M e m 0 ran d um
ENGINEERING SERVICES DEPARTMENT
To:
From:
Sue Filson, Executive Manager
Jodi P. Hughes, Technician, Engineering & Environmental service~.)!4
May 21, 2008
Date:
Subject:
Collier Seminole State Park - Utilities Facility Bill of Sale
Attached are two original documents of the Utility Facilities Bill of Sale for Collier
Seminole State Park.
The Board of County Commisioners approved final acceptance of the sewer facility on
May 13,2008, agend item # 16A1. (see attached).
The Bill of Sale requires the Chairman's signature. Can you please have
Commissioner Henning sign them and would you please return to me.
If you need further informatiion please call me at 252-5744.
Thank you.
cc: file
ar-~ ~ :?
CInlWd 0 ?
C l'Pif1k(51~p~
RECEIVED
< .MN 2 3 ~ /)
/)2~ jJ~k(~un~!ers
EXECUTIVE SUMMARY
j&jf 116
:S-;;3/o(~ A 1
Recommendation to approve final acceptance of the sewer utility facility for Collier
Seminole State Park
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the sewer facility.
CONSIDERATIONS:
1) The Developer of Collier Seminole State Park, has constructed the sewer facility
within dedicated easements to serve this development. See attached location map.
2) Preliminary acceptance of this utility facility was approved by the Engineering and
Environmental Services Department staff on May 7, 2007. At that time, the value of
this utility facility (asset) was $337,461.36 (see attachment(s)). This Final Acceptance
is in accordance with Ordinance 2004-31, as amended.
3) Staff has recorded all preliminary acceptance documents in the public records of
Collier County, which have been reviewed and approved by the County Attorney's
office as to form and legal sufficiency.
4) The sewer facility has been operated and maintained by the Collier County Water-
Sewer District during, not less than, the required one (1) year warranty period.
5) A final inspection to discover defects in materials and workmanship has been
conducted by the Engineering and Environmental Services Department staff and this
facility has been found to be satisfactory and acceptable.
6) The PUD Monitoring staff has reviewed this request in relation to possible issues
raised by the applicable Home Owners Association (HOA). Staff is unaware of any
issues that would serve to negate the recommendation to release the applicable
secu rity.
FISCAL IMPACT: Approval of this Executive Summary will have no specific financial
impact. However, approval of this Executive Summary will result in the Collier County
Water-Sewer District receiving unconditional title to utility facility, which at the time of
preliminary acceptance had a total (undepreciated) value of $337,461.36.
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impact.
LEGAL CONSIDERATIONS: No additional legal review from the County Attorney
was required to complete this final acceptance.
16Al
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, to accept final and
unconditional conveyance of the sewer utility facility for Collier Seminole State Park, and
authorize the County Manager, or his designee, to release any Utilities Performance
Security (UPS) to the Project Engineer or the Developer's designated agent.
PREPARED BY: Jodi P. Hughes, Engineering Technician
Meeting Details
16Al
Page 5 of I;
Commissioners' would like to receive from the Clerk of Courts on the taxpayers' investment portfolio.
(John YonkoSky, Office of Management and Budget Director)
Comments Attachments
F. Authorization of a budget amendment which will establish appropriations to pay the Clerk of Courts for
the annual cost, incurred by the Clerk, associated with the investing activity of the Board's investment
portfolio. (John Yonkosky, Office of Management and Budget Director)
C.9mrnents Al!achments
G. Recommendation to award Bid # 08.5035 "Administration Building (Building F) Generator Replacement"
to Southeastern Communication Service, Inc., to provide for the replacement and installation of a new
generator for Building F on the Main Government Complex in the amount of $1 ,226,635, provide for
advanced approval of a 15% change order authority, and authorize approval for the necessary budget
amendments. (Damon Gonzales, Facilities Management Manager)
.9omments AttaChments
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Recommendation that the County Attorney develop and advertise an ordinance that repeals and
replaces Ordinance No. 74.7 with an ordinance prohibiting camping in the unincorporated areas of
Collier County. (Jeff Klatzkow, County Attorney)
c"-rnmen!~ >il!achmen!.~
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
---.------------------......-......-..-........-........-......-..........--..--------------------------.---.----..------.--------.----------.--------.-------.---...--..--..------
16. CONSENT AGENDA. All matters listed under this item are considered to be routine and action will be taken by
one motion without separate discussion of each item. If discussion is desired by a member of the Board, that
item(s) will be removed from the Consent Agenda and considered separately.
--.----.--.----.-.-..---..--.----.--.----------..--.-..--....-...--.--.---.---------.---.-...---.---..--.----.---.--..--.---....-.----.--..---..--..-.----.---------
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to approve final acceptance of the sewer utility facility for Collier Seminole State
Park.
~ornment~
,t\"l!achmellt~
2. Recommendation to approve final acceptance of the water utility facility for Sabal Bay Commercial
Plat, Phase 3.
Comment~
i\JtachmeJl!~
3. To accept final and unconditional conveyance of the water utility facility for Vanderbilt
Beachcomber Resort 3.
Comments
Attachments
4. Recommendation to approve final acceptance of the water utility facility for Fiddler's Creek, Phase
3 Unit 2 . Stages 1 and 2.
g.9I:I1r!lenl~ Al!achments
5. Recommendation to approve final acceptance of the water and sewer utility facilities for Fiddler's
Creek, Phase 2A Unit 1.
CO_rn.ll1ents Att,,-chment~
6. To accept final and unconditional conveyance of the water utility facilities for Fiddler's Creek. Lake
88.
Comment~
Al!!"chments
7. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve for
recording the final plat of Pelican Bay Unit Ten, Replat of Sites 31 and 32.
lltp :llbccagendalIntranetlMeetingDetails.aspx?meetingid= I 07
,I1V")()()lI
16Al
from reserves. CAO will send letter in response & details of procedures
(June 25) possible date
F. Commissioner Fiala - Office Supplies from Corporate Express and
discounts not being given; Clerk's Office prepare report into the
amounts of money being spent and discounts not being given
G. Motion to adjourn - Approved 5/0
------------------------------------------------------------------------------------------------------------
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and/or Adopted with changes - 4/1 (Commissioner Coletta Opposed)
------------------------------------------------------------------------------------------------------------
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the sewer utility
facility for Collier Seminole State Park.
W/reJease of any Utilities performance Security (UPS)
2) Recommendation to approve final acceptance of the water utility
facility for Saba] Bay Commercial Plat, Phase 3.
W/release of any Utilities performance Security (UPS)
3) To accept final and unconditional conveyance of the water utility
facility for Vanderbilt Beachcomber Resort 3.
W /release of any Utilities performance Security (UPS)
4) Recommendation to approve final acceptance of the water utility
facility for Fiddler's Creek, Phase 3 Unit 2 - Stages I and 2.
W /release of any Utilities performance Security (UPS)
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for Fiddler's Creek, Phase 2A Unit I.
W /reJease of any UtiJities performance Security (UPS)
6) To accept final and unconditional conveyance of the water utility
facilities for Fiddler's Creek - Lake 88.
W/release of any Utilities performance Security (UPS)
Page 11
May 13, 2008
i6A 1
UTILITY FACILITIES BILL OF SALE
THIS UTILITY FACILITIES BILL OF SALE made this -:sc}:..hdaYOf
.1""'''''''........:3 ,2001-- , between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF
RECREATION AND PARKS, (hereinafter referred to as "Seller"), and the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-
OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, its successors and assigns, (hereinafter referred to as
"Buyer").
WIT N E SSE T H:
That said Seller, for and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration to said Seller in hand paid by said
Buyer, the receipt whereof is hereby acknowledged, has granted, bargained
and sold to the said Buyer, and Buyer's, successors and assigns forever, all
wastewater utility facilities and/or system(s) or portion(s), (hereinafter referred
to as "Utility Facilities"), thereof lying in, on, over and under the following
described land, for operation, relocation, installation, repair and/or maintenance
of the Utilities Facilities, thereof, all situate and lying and being in Collier
County, Florida, to wit:
(Exhibit "A" attached hereto is a sketch or other graphic representation
that depicts the physical location of the Utility Facilities being conveyed.)
The Utility Facilities are sold in an "as is, where is" condition without any
warranties expressed or implied, as to the condition of such facilities. By
accepting this bill of sate, Buyer represents that Buyer has personally
inspected the Utility Facilities and accepts the property in an "as is , where is"
condition. For the purposes of this bill of sale, the Utility Facilities conveyed
herein shall not be deemed to convey any lands upon which the Utility Facility
are located.
The parties hereto hereby stipulate that all these Utility Facilities being
conveyed to the Buyer are personal property.
16Al
The parties have caused this bill of sale to be executed
on the day and year first above written.
DEPARTMENT OF ENVIRONMENTAL
PROTECTION, DIVISION OF RECREATION
AND PARKS
By:
t:P ~~-
Ed Bowman, Chief
Bureau of Design and Construction
"Seller"
APp~egality
By:
- DEP Attorney
A:3~?~..l~.r~~;... Broc. k, ~g~~~y OF CO~70MMIS lONERS. OF COLLIER
~Pdo/1l1 ~ By," ~
. .11l!'\'- t:r,: Clerk Board'()f~0~n~yee8~I?J'futio~~f'sjrrman
Attest ,H.ty,Chalnll4') \
5 j QI14~~f~.o^'1 .
Approved as to form and
legal sufficiency:
"Buyer"
~)t X4~
Assistant County Attorney
Item # lleA::1
Agenda ~!I2)Irt2
Date ~O
Date hi :.1.fFQ.
~
Deputy CleO<
Page 2 of 2
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16A 10 .~
MEMORANDUM
Date: May 16, 2008
To: Mike Bosi, Planning Manager
Comprehensive Planning
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Change Order No.2
Purchase Order No. 45-88581
Enclosed please find one copy of the document referenced above,
Agenda Item #16AI0, which was approved by the Board of County
Commissioners on Tuesday, May 13 2008.
If you should have any questions, please contact me at 252-8406.
Thank you.
Enclosure (1)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING sLIP16 A 1 0
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print 011 pink paper. Attach \0 origin,d dl..KUtllC1l1. Original documents should bt: hand delivered to the Board Oniee. rhe
completed routing slip alld original d()(ulllcnts arc to be h)rwarded to the Board Office olll~ <tftcr thl' Board has takcll action on
the ik'Ill.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. (fthe document is
already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the
checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Offiee Initials Date
(List in routine order)
I.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item)
Name of Primary Staff Mike Bosi Phone Number 252-6819
Contact
Agenda Date Item was 5-13-08 Agenda Item Number 16.A.1O
Approved by the BCC
Type of Document Change Order Number of Original 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)
I. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes
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 trom
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's Yes
Office and all other oarties exceot the BCC Chainnan and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip Yes
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 trame or the BCC's actions are nullified. Be aware ofvour deadlines!
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip
WWS Origina19.03.04
16AIO
EXECUTIVE SUMMARY
Approve Change Order No.2 to Purchase Order No. 45-88581 with Van Buskirk, Ryffel
and Associates, Inc. for the development of the Collier Interactive Growth Model (CIAGM)
for the East of County Road 951 Infrastructure and Services Horizon Study
OBJECTIVE: To increase the scope of work to allow for the CIAGM land use modeling to be
utilized by AIM Engineering & Surveying, Inc., the consultants for the Transportation Division
to update to the Long Range Transportation Plan (LRTP).
CONSIDERATIONS: On September 26, 2006, Agenda Item ]6A2, the Board of County
Commissioners approved Purchase Order No. 45-88581 with Van Buskirk, Ryffel & Associates
Inc., for the development of the Collier County Inter-Active Growth Model (CIAGM). Since
that date, staff, in conjunction with the East of CR95 I Horizon Study Master Committee, has
been working with the consultants to establish the C]AGM. During the Transportation
Division's presentation to the Horizon Study Master Committee in December 2007 and January
2008, staff began to discuss the potential of utilizing the land use modeling output of the CIAGM
for the Transportation Division's update to the LRTP. The updating of the LRTP requires that
assumptions be made regarding land use changes that will transpire over time to determine the
capacity of the future network. During a February 4, 2008 meeting with Comprehensive
Planning and Transportation staff and the two consultants, Van Buskirk, Ryffel & Associates
Inc., and AIM Engineering & Surveying, Inc., it became known that the two consultants had
worked together in the past under the same arrangement for the City of Cape CoraL The
CIAGM consultants had provided the land use modeling for the update of the Cape Coral Long
Range Transportation Plan.
The utilization of a consistent land use modeling within the LRTP and the CIAGM is beneficial
for increased consistency between the two long range planning tools. ]n order to utilize the land
use modeling output of the CIAGM by the LRTP, a modification to the CIAGM scope of
services is required. That proposal is attached as Exhibit "A". The change in scope of work will
require an additional $54,000 to the original $200,000 contract amount. Funding for the
increased cost will be provided for by a transfer of funds from the Transportation Fund Center
313-163673, project number 601091, to the Comprehensive Planning Department Fund Center
]] ]-1383]7, commitment item 634999.
FISCAL IMPACT: The fiscal impact of Change Order No.2 is $54,000 and a transfer of funds
in that amount from the Transportation Division to Comprehensive Planning Department will be
provided for with the BCC approval of the requested change order.
GROWTH MANAGEMENT IMPACT: Approval of the proposed change order will allow for
eonsistency within the CIAGM and LRTP which are directly related to the determination of
future long term infrastructure needs.
Executive Summary
Collier Inter-Active Growth Model, Change Order No.2 with Van Buskirk, Ryffel and Associates, Inc..
Page I of2
16AIO
RECOMMENDATION: That the Board of County Commissioners:
1. Approves Change Order No.2 to Purchase Order No. 45-88581 with Van Buskirk, Ryffel
& Associates Inc.,
2. Authorize the Chairman to execute the Change Order, and
3. Direet staff to complete the inter-division transfer of funds from Transportation Division
to Comprehensive Planning.
Prepared by: Mike Bosi, AICP, Community Planning Manager, Comprehensive Planning,
Community Development and Environmental Services.
Executive Summary
Collier Inter-Active Growth Model, Change Order No.2 with Van Buskirk, Ryffel and Associates, Inc..
Page 2 of2
/~ "--I ~) L
C . ( f .L,'){ "U1t~ tDLkl,' TV
G/1~ NTRACTIWORK ORDER MO~CATION
U" CHECKLIST FORM
gc c) t.'1\../ ) J ]C. iC~
Re-vIs'ec( 16 A J
PROJECT NAME: Collier InterActive Growth Model (CIAGMl PROJECT #: _N/A
80si
PROJECT MANAGER:_Mike
BID/RFP #:
N/A
MOD#:
~ 2 ~:_45-88581
WORK ORDER #:
N/A
DEPARTMENT:_Comprehenslve Planning
CONTRACTOR/FIRM NAME:
Van Buskirk. Rvffel and Associates. Inc.
Current BCC Approved Amount:
$ _200,000.00
(Starting Point)
$_200,000.00
(Last Total Amount Approved by the BCG)
Original Contract Amount:
Current Contract Amount:
$ 200,000.00
(Induding All Changes Prior To This Modification)
Change Amount:
$ 154,000.00
Revised ContractJWork Order Amount: $ 254,000.00
(Including This Change Order)
Cumulative Dollar Value of Changes to
this ContractJWork Order: $
54,000.00
Date of Last BCC Approval_9126/06
Agenda Item # _16A2_
Percentage of the change over/under current contract amount 27%
Formula: (Revised Amount I Last BCC approved amount)-1
CURRENT COMPLETION DATE (S): ORIGINAL: 3-31-2008
CURRENT:
9-30-2008
Describe the change(s): To allow for the land use modeling of the Collier Inter-Active Growth Model to
update of the Collier County Long Range Transportation Plan, as Task 10 in the amount of $44,000 and
Task 11 in the amount of $10,000 for reimbursab1es.
Specify the reasons for the change(s)' 1. Planned or Elective (' 2. Unforeseen Conditions 3. Quantity
Adjustments f' 4. Correction of Errors (Plans, Specifications or Scope of Work)'. 5. Value Added
(" 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed: Inconsistencv between two
modeling tools that helD determine lona ranae caDital eXDenditures.
This change was requested by: i !contractor/Consultant i-I Owner '-'1 Using Department r~ CDES
Coesign Professional i IRegulatory Agency (Specify)
Services
;; Other (Specify) Transoortation
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS:
I
Yes
,.; No
This form is to be signed and dated.
REVIEWED BY:
~~ L:-
Project ,Manager
I 1
Date:
C( -(). 2 -t) If
APPROVED BY:
Date:
o -d -c..)3
'* Q. A RQ.v, 5'~.5.. c..(~~ ~f Ie.. ('-4~S Mod "~'
16AI0
DIVISION ADMINISTRATOR
CONTRACT SPECIALIST
'J
By ~ )7J P )In-r!
L n, . ood
,
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
ATTEST:
,-.;' 'l.~r.:,"<;
r, 'J" . ~
':-.," .'
Dwight E. Br~,CLerk , .
( . ,. '...
BYA~S~~'~O('
1 ~ 1. ' .
APP~tlrJAS'T'Oro,!h, ....
and Le~al . fS'ncyt' .
;\ '
.
BY:
~ .I'~.oe
Jeffrey ~. Klat kow
Chief Assistan County Attorney
161110
CHANGE ORDER
CHANGE ORDER NO. Two
CONTRACT NO.45-88581
BCC Date: 09/26/2006
Agenda Item: 16A2
TO: Van Buskirk. Rvffel and Associates, Inc.
100 Estero Boulevard, Suite 434
Fort Mvers Beach. Florida 33931
DATE: April 2, 2008
PROJECT NAME: Collier Countv Inter-Active Growth Model
PROJECT NO.:
Under our AGREEMENT dated September 26. 2006.
You hereby are authorized and directed to make the following change(s) in accordance with
terms and conditions of the Agreement: To increase the scope of work to allow for the CIAGM land
use modeling to be utilized by AIM Engineering & Surveying, Inc., the consultants for the
Transportation Divisions to update to the Long Range Transportation Plan (LRTP),. as Task 10 int
the amount of $44,000 and Task 11 in the amount of $10,000 for reimbursab1es. See
Exhibit A attached.
FOR THE Additive Sum of: Fiftv-Four Thousand Dollars and no cents ($54,000.00).
Present Agreement Amount
$200.000.00
$0
$54,000.00
$254.000.00
Original Agreement Amount
Sum of Previous Changes
This Change Order Add
The time for completion shall be increased by 150 calendar days due to this Change Order.
Accordingly, the Contract Time is now 23 months 690 calendar days. The substantial completion date
is 7-30-2008 and the final completion date is 9-30-2008. 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: April 2. 2008
CONTRACTOR:
Van Buskirk, Rvffel and Associates, Inc.
BY:/~ ~
Carleton Ryffel, ~l , Vice President
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~~ '
Mike Bosi, AICP, Project Manager
Exhibit "A"
16AI0
Van Buskirk, Rvffel and Associates, Inc.
Planning Consultants
100 Estero Boulevard, Suite 434
Fort Myers Beach, Florida 33931
Phone: (239) 463-3929 Fax: (239) 463-5050
Visit our Web page and Email addresses at: www.interactivegrowthmodel.com
Charter Members American Planning Association and American Institute of Certified Planners
February 7, 2008
Michael Bosi, AICP, Planning Project Manager
Collier County Comprehensive Planning Department
2800 North Horseshoe Drive
Naples, FL 34104
Re: Proposal to Collier County for additional services to incorporate 90 additional Traffic
Analysis Zones (TAZ) into the Collier Interactive Growth Model (CIGM) and fomlat
data for input for the Collier County Traffic Model.
Dear Michael:
Overview
This is in response to your request, and our proposal to incorporate 90 new T AZs into
the current 250 TAZs for the CIGM and to format data for input into the Collier County
Traffic Model. Additional data will include the forecasted number of vehicles per
household and percent of seasonal households. Activities will include parcel queries for
the baseline data and the build-out scenario. Data input for 90 screens, demographic data
for the up to 90 data screens and the distribution of development over time to build-out.
Also, the integration of the CIGM sub-models and the facilities series for the additional
90 T AZs. Proposal tasks include the following:
TASK 1
Baseline Data
The Consultant will develop the current year baseline data for current development
for the new 90 T AZs that can be updated annually. GIS will overlay the new T AZs for
querying the parcels in each TAZ. Each new TAZ will be inventoried for current
development such as housing unit by type, population characteristics, and retail space by
building area, and employees, office/services, and industrial and wholesale uses, by
building area and employees. Also to be included are school plants and enrollment,
public parks and other data considered relevant. Upon completion of the cell data and
16AIO
Michael Bosi, AICP
2/7/08
Page two
cell delineation, it will be incorporated into the CIGM. Data will be entered for each
T AZ into the computer program for export to the main spreadsheet for processing.
Work product: Software application and data input for the new 90 TAZs for baseline
data for export to main spreadsheet.
TASK 2
The Build-out Scenario
The Consultant will develop a build-out scenario for each new T AZ such as housing
unit by type, population characteristics, and retail space by building area, and employees,
office/services by building area and employees, industrial and wholesale by building area
and employees, school plants and enrollment, public parks, and other data considered
relevant. Each new TAZ will be inventoried using the baseline data template. The build-
out scenario will be developed for each T AZ from the parcel queries and the FLUM.
Work product: Software application and data input for the new 90 TAZs for the
build-out scenario for export to main spreadsheet.
TASK 3
PODulation Distribution
This task is the distribution of the population for each new T AZ over time in 5-year
intervals. From the information derived from the previous tasks, a computer
programming has been developed that is population driven, and is based on the
Population Forecast Model and interfaces with the sub-models developed to calculate the
needs and demands of the population for housing units, commercial and services (in
building square footage), industrial building square footage, recreation uses in acres,
school plants and institutional uses.
In order to determine the spatial distribution of population growth and their needs,
including the location of water and sewer lines, GIS will superimpose them over the base
map with the incorporated new T AZs delineated. Growth generators such as water and
sewer mains, collectors, major and minor arterial roadways, as well as the characteristics
and location of current development, will be inventoried to develop gravity models,
biological models and coefficients for the spatial distribution of growth, over time, to
build-out.
2
16AIO
Michael Bosi, AICP
2/7/08
Page three
The spatial distribution of growth will be documented by five-year increments to
build-out for each new T AZ in the ACCESS computer model. Data from the CIGM can
be used to provide data for the traffic forecast and for planning.
Work product: Integration of data input, population forecast, growth coefficients and
distribution of the population by T AZ's, by five-year increments to build-out, including
additional data for the traffic models.
TASK 4
Demol!raphic Model
This task is the demographic model, which uses regression analysis to determine the
household size, vacancy rates and percent of the population in elementary, middle, and
high school for each of the new TAZ's. It will provide the forecasted demographic
information over time for each new T AZ. Additional data is needed for the traffic models
for all T AZs such as vehicles per household
Work product: Demographic characteristics for each new TAZ over time, to determine
the demand for commercial facilities, (retail, office and service) school age (elementary,
middle and high school), industrial, fire/ems, police, parks and hotel/motel. Additional
data is needed for the traffic models for all T AZs such as vehicles per household.
TASK 5
Criteria and Standards. Supplv Models
For forecasting future facilities, this task will apply, standards and levels of services
(as applicable) for neighborhood, community and regional commercial facilities, school
plants, fire stations, police, parks, and their timing and location. These are the supply
models to meet the needs of the demand models for the new TAZs.
Work product: Timing and location of land uses and facilities described above.
3
16AIO
Michael Bosi, AICP
2/7/08
Page four
Contract Amount
The professional fee for the work described above is a lump sum of $44,000, payable on
a percent complete monthly basis. To this amount add $10,000 for reimbursable
expenses that will not be exceeded unless approved by the County.
If you will require any additional information or clarification, please contact me
immediately.
Sincerely,
~::'~'k"I"'
Carleton Ryffel, AlCP
Vice President
Creators of the Interactive Growth Model'.
4
[PRINTER TABLE command: COURIER]
ITEM NO.:
DATE RECEIVE D: ,\
FILE NO.: 0. --
P 01I IW •
L ,�: 16 A
DO NOT WRITE ABOVE THIS LINE (orig. 9/89)
REQUEST FOR LEGAL SERVICES
Date: August 14, 2012 AR- 11440
To: Office of the County Attorney, Attention: Emily R. Pepin
From: John R. Houldsworth, Senior Engineer
Development Services, Engineering Review
Re: Hatchers Preserve
BACKGROUND OF REQUEST/PROBLEM:
Please review attached Hof Construction, Maintenance and Escrow Agreement for legal
sufficiency.
BW4vAt. 4
(Are there documents or other information needed to review this matter ?)
This item has not been previously submitted.
(If previously submitted provide County Attorney's Office file no.)
ACTION REQUESTED: Review & advise.
OTHER COMMENTS:
BCC May 13, 2008 16 -A -12
Plat has oreviously been signed off by the County Attorney's office.
Please forward Agreement and Plat to BCC office.
�y
tbIl (a) ao I a
16Al2
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS AGREEMENT entered into this 21 st day of April, 2012, by Empowerment Alliance of Southwest
Florida CDC (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, (hereinafter "The Board ") and Florida Community Bank N.A. (hereinafter
"Lender ").
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the
Board of a certain plat of a subdivision to be known as Hatchers Preserve.
B. The subdivision will include certain improvements which are required by Collier County ordinances,
as set forth in a site construction cost estimate ( "Estimate ") prepared by Q. Grady Minor & Associates,
a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this
Agreement, the "Required Improvements" are limited to those described in the Estimate.
C. Sections 10.02.05 C. and 10.02.04 of the Collier County Subdivision Code Division of the Unified
Land Development Code requires the Developer to provide appropriate guarantees for the construction
and maintenance of the Required Improvements.
D. Lender has entered into a construction loan agreement with Developer dated 12/21/09, Account No._
14725004 -1 (the "Construction Loan") to fund the cost of the Required Improvements.
E. Developer and thq• Board have acknowledged that the amount Developer is required to guarantee
pursuant to this Agreement is $80,000, and this amount represents 110% of the Developer's engineer's
estimate of the construction costs for the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
forth, Developer, the Board and the Lender do hereby covenant and agree as follows:
1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements,
to be constructed pursuant to specifications that have been approved by the County Manager or his
designee within 36 months from the date of approval of said subdivision plat.
2. Developer hereby authorizes Lender to hold $80,000 from the Construction Loan in escrow pursuant
to the terms of this Agreement.
3. Lender agrees to hold in escrow $80,000 from the Construction Loan to be disbursed only pursuant to
this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the
Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this
Agreement or a provision of the Construction Loan, shall accrue interest.
4. The escrowed funds shall be released to the Developer only upon written approval of the County
Manager or his designee who shall approve the release of the funds on deposit not more than once a
month to the Developer, in amounts due for work done to date based on the percentage completion of
the work multiplied by the respective work costs less ten percent (10 %); and further, that upon
completion of the work, the County Manager or his designee shall approve the release of any
remainder of escrowed funds except to the extent of $ PO, 4". oO which shall remain in escrow as
a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1)
year pursuant to Paragraph 10 of the Agreement.
However, in the event the Developer shall fail to comply with the requirements of this Agreement,
then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in
16p12
escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the
County, the County will have executed and delivered to the Lender in exchange for such funds a
statement to be signed by the County Manager or his designee to the effect that:
(a) Developer for more than sixty (60) days after written notification of such failure has failed to comply
with the requirements of this agreement;
(b) The County, or its authorized agent, will complete the work called for under the terms of the above -
mentioned contract or will complete such portion of such work as the County, in its sole discretion
shall deem necessary in the public interest to the extent of the funds then held in escrow;
(c) The escrow funds drawn down by the County shall be used for construction of the Required
Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either
direct or consequential, which the County may sustain on account of the failure of the Developer to
carry out and execute the above- mentioned development work; and
(d) The county will promptly repay to the Lender any portion of the funds drawn down and not expended
in completion of the said development work.
5. Written notice to the lender by the County specifying what amounts are to be paid to the Developer
shall constitute authorization by the County to the Lender for release of only those specified funds to
the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of
authorization by the County to the Lender shall constitute a release by the County and Developer of
the Lender for the specified funds disbursed in accordance with the letter of authorization from the
County.
6. The Required improvements shall not be considered for preliminary approval until a statement of
substantial completion by Developer's engineer along with the final project records have been
furnished to be reviewed and approved by the County manager or his designee for compliance with the
Collier County Subdivision Regulations.
7. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of
substantial completion, either: a) notify the Developer in writing of his preliminary approval of the
improvements; or b) notify the Developer in writing of his refusal to approve the improvements,
therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's
approval of the Required Improvements. However, in no event shall the County Manager or his
designee refuse preliminary approval of the improvements if they are in fact constructed and submitted
for approval in accordance with the requirements of this Agreement.
8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board,
after duly considering the public interest, may at its option complete the Required Improvements and
resort to any and all legal remedies against the Developer.
9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in
deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does
not release any monies to the Developer or to any other person except as stated in this Escrow
Agreement to include closing the account, or disbursing any funds from the account without first
requesting and receiving written approval from the County.
10. The Developer shall maintain all the Required Improvements for one year after preliminary approval
by the County Manager or his designee. After the one year maintenance period by the Developer and
upon submission of a written request for inspection, the County Manager or his designee shall inspect
the Required Improvements and, if found to be still in compliance with the code as reflected by final
approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated.
The Developer's responsibility for maintenance of the Required Improvements shall continue unless
or until the Board accepts maintenance responsibility for and by the County.
16Al2
11. All of the terms, covenants and conditions herein contained are and shall be binding upon the
respective successors and assigns of the Developer and the Lender.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed
by their duly authorized representatives this -115' day of Apra , 20 1 �-.
SIGNED IN THE PRESENCE OF:
Em averment All' C
By. dw
,..,� .
By: C •
Printed Name:
Printed Name:
Brent Dykstra
ncro-1 fl�
C�
Chairman
Printed Name:
Assistant Vice President
IAO-fi r 0 Q
_
L114 to
SIGNED IN THE PRESENCE OF:
LEN
Florida
,..,� .
By: C •
Printed Name:
DePU Warm
Brent Dykstra
App gal sufficiency:
Chairman
Assistant Vice President
ot
MMot �(.
_
L114 to
Assistant unty Aftorney
Pri ed Name;
QIJI,� -EL
Dwight E. Brock, Clerk
Board of County Commissioners of Collier County,
Florida
,..,� .
By: C •
By:
`�
DePU Warm
App gal sufficiency:
Chairman
Assistant unty Aftorney
16Ai2
Hatchets Preserve Cost Estimate
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT COST
TOTAL
URRENT WORK AMOUNT
1
Fumish and install mulch as specified on
arts
1
LS
S 1,995.00
S 1,995.00
S
2
Design and construct irrigation system,
complete mainline only
1
LS
S 35,436 00
$ 35,436.00
$ 26,311.00
3
Fumish and install Florida Grade A trees
98
FA
$ 211.40
$ 20 717.20
$
4
Fumish and install Florida Grade A shrubs
479
FA
$ 19.35
S 9,268.85
S
Landcape and Irrigation Total =
S 67,416.85
5 lintemal
Sidewalks
1
LS 1
$ 11,300.00
S 11,300.00
$ -
Bond Amount (Remaining Work)n $ 52,405.85
Original Total Costs (excluding Earthwork and Utilities)= S 223,577.25
Work Completedu $ 171,171.40
10% of Total Completed= $ 17,117.14
Total Bond Amounts $ 69,522.99
r � -
�p
O )2.
16Al2
Earth Balancing
Sanitary Sewer
Stone Sewer
Water Mains
Site Paving
Landscape and Irrigation
Total
$157,006.00
$ 52,963.30
$ 44,423.00
$ 53,381.50
$ 67,904.25
$111,250.00
$ 486,928.05
Minus Earth, Water, Sewer $ 223,577.25
Remaining $ 52,405.85
Work Completed $171,171.40
10 % Total Completed $ 17,117.14
Total Bond $ 69,522.99
I
r
Hitchers Preserve 16Al2
SanitarySewer
Item
Sanitary Sewer
Quantity
Unit Price
Total
I
Connection to sewer line including, manhole, open -cut and restoration
I
EA
S
10,000.00
$
10,000.00
2
8" PVC Sanitary Sewer (0-6' Cut)
220
LF
$
27.50
S
6,050.00
3
8" PVC Sanitary Sewer (6 -8' Cut)
518
LF
S
35.00
S
18,130.00
4
Manhole 4' Diameter 0-6' (IET Coating)
1
EA
S
2,118.00
$
2,118.00
5
Manhole 4' Diameter 6-8' (IET Coating)
3
EA
$
2,670.00
S
8,010.00
6
6" PVC Double Sewer Service
9
EA
S
766.00
S
6,894.00
7
Television Inspection (Preliminary)
618
LF
S
2.85
S
1,761.30
Total Sanitary SeW�°;, $ 52,963.30
F:IPROJ- ENGIEAPPL%Desipn d PsrmidlnplEn9inesrs cost esdmatelfHatchers Preserve cost eadmatsl DEC 2006.xb1LDA Summary
� 16Al2
Hatchers Preserve
Storm Sewer
Item
Drainage
Quantity
Unit Price
Total
1
15" RCP
382
LF
S
26.50
S
10,123.00
2
15" Mitered End Section
6
EA
$
1,750.00
S
10,500.00
3
Control Structure (WCS)
2
EA
$
7,000.00
S
14,000.00
4
Valley gutter inlets
4
EA
S
2,450.00
$
9,800.00
Total Storm Sewer ° S 44,423.00
f:1PROJ- ENGTAPPL1Des1gn & Permitting\Engineen cost estimategHatchen Preserve cost est1mate -1 DEC 2006.xas1LDA Summary
U-j
Hatchers Preserve
Water Mains
0 16p12
Item
Water
Quantity
Unit Price
Total
I
Single Water Service ( complete)
6
EA
S
480.00
S
2,880.00
2
Double Water Service (complete)
6
EA
$
564.00
S
3,384.00
3
Hot Tap to existing Water Main
I
EA
S
4,540.00
S
4,540.00
4
6" PVC Water Main (Cl 200)
55
LF
$
16.50
S
907.50
5
6" PVC Water Main (Cl 150)
940
LF
$
22.50
S
21,150.00
6
6" Gate Valve w/Box
2
EA
$
1,175.00
$
2,350.00
7
Fire Hydrant
I
EA
S
2,370.00
S
2,370.00
8
Dead End Flushing Valve
2
EA
$
1,750.00
S
3,500.00
9
Temporary Bacterial Sample Point
2
EA
S
19500.00
S
3,000.00
10
Permanent Bacterial Sample Point
1
EA
S
3,000.00
$
3,000.00
11
Directional Bore (42 LF)
I
EA
S
6,300.00
S
6,300.00
Total Water �0 N=A S 53,381.50
F:TROJ- ENG%EAPPL1DeNpn & PsrtNttlng%Engineers Cost esamatellHatchers Preserve cost eedmate -1 OEC 2006.xls1LDA Summary
16Al2
Hatcben Preserve
Site Paving
Item
Paving
Conant ity
Unit Price
Total
I
Valley Gutter
1,654
LF
S
8.50
$
$14,059.00
2
Type "A" Curb
364
LF
S
13.00
S
$4,732.00
3
l 112" Asphaltic Concrete Type S -I ( 3/4" First Lift)
255
SY
$
5.80
S
$1,479.00
4
8" Limerock Base (LBR 100)
255
SY
$
7.50
$
$1,912.50
5
12" Stabilized Subgrade
2,374
SY
S
2.50
$
$5,935.00
6
4" Thick Concrete Sidewalk (5' wide)
797
SY
S
38.25
S
S30,485.25
7
Pavement Marking & Signing
I
LS
$
5,000.00
$
$5,000.00
8
Sodding (4' wide behind BOC)
1,229
SY
$
3.50
S
$4,301.50
Site Paving Total .,Jr, S $67,904.23
FAPROJ- ENGIEAPPUDesipn b Permitting\Engineers cost estimalet[Hatchers Preserve cost estimate-1 DEC 2006.xlsILDA Summery
^� ! 16Al2
Hatchers Preserve
Landscape & Irrigation
Item
Landscape & Irrigation
Quantity
Unit Price
Total
1
Canopy Trees
92
EA
$
375.00
$
34,500.00
2
Palms
6
EA
$
750.00
$
4,500.00
3
Shrubs
220
EA
$
37.50
$
8,250.00
4
Sod
1
LS
$
12,500.00
$
12,500.00
5
Mulch
1
LS
$
6,500.00
$
6,500.00
6
Irrigation
1
LS
$
45,000.00
$
45,000.00
F:\PROJ- ENG \EAPPL\Design & Permitting\Engineers cost estimate\[Hatchers Preserve cost estimate -1 DEC 2006.xis]Landscape
El.
HATCHERS PRESERVE
BID SCHEDULE "F"
LIGHTING
0 16Al2
DESCRIPTION UNIT 1QUANTITY1 UNIT COST TOTAL
F -1 Light Fixture 10 EA S1,500.00 515,000.00
LIGHTING NOTES:
Construction stake out by owner.
Lighting Sub -Total $15,000.00
MARK W. MI fp R., P.E. -�
Q GRAD1r M114OR & ASSOCIATES, PA.
3800 VIA DqL REY
BONITO SPifiNaS, FL 34194
FLORIDA PC LICENSE NQ 45=4
EB / LB 0005151
FAPR07- ENG\0EAPPL\Design & PermittingTrigineers cost estimate \[Hatchet Preserve - Cost estimate 1- 10- 08.xls]Lighting
II
FAST TRACK
PPL- 2007 -AR -11440 REV:4
HATCHERS PRESERVE
Project: 2006100016
Date: 1/28/08 DUE: 2/6/08
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 13
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 aftfr 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 throll h raulin lines # I throll #4, com (ete the checklist, and forward to Sue Filson line#5 .
Route to Addressee(s) Office Initials Date
List in raulin order
1. Judy Puig
CDES
513)08'"
6.(.o[
PRIMARY CONTACT INFORMATION
(The primary conta;t 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, inclll1ing Sue Filson, need to cCJItact statTfor additional or missing
infonnation. All original documents needing the BCe Chairman's signature are to be delivemd to the BCe office only after the BCC has acted to approve the
2. Michelle Arnold, Director
Code Enforcement
item.)
Name of Primary Staff Marlene Serrano Phone Number 252-2487
Contact
Agenda Date Item was 'Mo..y \3, ~oO~ Agenda Item Number 16A \'3
Approved by the BCC
Type of Document Executive Summary (7. U/ , Number of Original 1
Attached Release & Satisfaction of Lien Documents Attached
3. Sue Filson, Executive Manager
Board of County Commissioners
Yes
(Initial)
MS
N/A(Not
A licable)
4.
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the fmal ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on S 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.
N/A
N/A
MS
MS
'6f
2.
3.
4.
5.
6.
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
il6 A 13
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. Ernestina Saaca, CEB No. 2005-13, relating to property located at 2960
56th Avenue N.E. Collier County, Florida
OBJECTIVE: That the Board of County Commissioners (Board) accept a proposed
settlement agreement with Ernestina Saaca, to release a $28,609.50 code enforcement
lien in exchange for payment of $7,152.40 (25% of the lien value), in the Code
Enforcement Board action entitled Collier County v. Ernestina Saaca, CEB No. 2005.
13.
CONSIDERATIONS: On March 30, 2005, the Code Enforcement Board (CEB) issued a
Compliance Order finding Respondent, Ernestina Saaca, in violation of portions of the
Collier County Land Development Code, the Collier County Housing Code and Building
Administrative Code due to unpermitted structures and setback violations. In the order
of the Code Enforcement Board, hereinafter "Compliance Order", the Code
Enforcement Board ordered the Respondent to obtain all Collier County building permits
or demolition permits, all required inspections, and a certificate of occupancy/completion
for the structure within 90 days (by June 27, 2005) or a fine of $50 per day will be
imposed if the violation continues past that date.
On January 31, 2006, the Code Enforcement Board imposed fines in the amount of
$10,909.58, which included $559.58 for operational cost and $10,350.00 in fines for
failure to timely obtain all permits, required inspections and certificate of occupancy/
completion for the structure (207 days late). Fines continued to accrue for an additional
354 days at a rate of $50 totaling additional fines in the amount of $17,700.00 for a total
lien amount of $28,609.50. The property came into compliance on January 10, 2007.
Ms. Saaca explained to County Staff that she had a difficult time finding a contractor to
complete the work required in a timely manner. The building code violations were
corrected through the demolition of one of the two guest houses that were constructed
without required permits. The second guesthouse went through the permitting process
and was converted from a guest house to a storage building with workshop. This permit
was delayed due to questions posed by the Health Department and a failed electrical
inspection. The final inspections and certificate of occupancy were issued by the
County on January 10, 2007. According to the property owner, she did what she could
to come into compliance with the Compliance Order.
FISCAL IMPACT: The Respondent has paid $7,152.40 (25% of the lien value) to show
good faith commitment to this agreement, which has been deposited into the "Code
Enforcement Board Fines" Revenue Account MSTD General Fund 111. If this
agreement is approved by the Board, the remaining fines in the amount of $21,457.10
will be forgiven.
16A13
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and
has no outstanding legal considerations. -JW
RECOMMENDATION: That the Board of County Commissioners accepts the proposed
settlement agreement and authorizes the Chairman to sign the attached Release and
Satisfaction of Lien.
PREPARED BY:
Marlene Serrano,
Code Enforcement Operations Manager
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
*** 4166516 OR: 4360 PG: 4149 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
05/16/1008 at lO:36AK DWIGHT B, BROCK, CLBRK
RBC FEE 10,00
coms 1.00
Retn:
CLBRK TO THB BOARD
INTBROmCB 4TH FLOOR
BXT 8406
'16 A 13
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 0745-0746, 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 Ernestina Saaca
(identified as "Sacca" in the lien instrument), has been discharged in full:
Ernestina Saaca (aka "Sacca")
2960 56th Ave. NE
Naples, FL
Folio No.:
Cost:
Reference:
38970440005
$7,152.40 (by settlement)
CEB Case No. 2005-13
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 Ernestina Saaca, and consents to
this lien being discharged of record.
Dated this I~~ day of rIIo.'1
,2008.
ATTEST: c, ' ..
DWI~E~l3kQ9K, Clerk
\.. ~~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By;
"~atO
.~ CIa
"-"-. . :, '.- ~
By:
T
Approved as to form and
legal sufficiency:
.
Wright
nt County Attorney
MEMORANDUM
Date:
May 16, 2008
To:
Melissa Zone, Principal Planner
Zoning and Land Development
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-128
CUR-2008-A-12955: Jone's Mine
Enclosed, for your records you will find a copy of the document referenced
above, (Agenda Item #16AI5), which was adopted by the Board of County
Commissioners on Tuesday, May 13, 2008.
If you should have any questions, please contact me at 252-8406.
Thank you.
Enclosure
16A15
ORIGINAL DOCUMENTS CHECKLIST & ROUTING slu!. A 15:'
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TaL -0 . . .
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
exec tion of the Chairman's si ature, draw a line thrau h cautin lines # 1 thrau #4, com tete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
List in routin order
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. NormaJl)' 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 delivert~d to the Bec office only after the Bee has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was 5/1 3/08
A roved b the BCC
Type of Document
Attached
1. Marjorie Student-Stirling
County Attorney's Office
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
Melissa Zone, Principal Planner
Phone Number
Agenda Item Number
Resolution & 2 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 pagestrom ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
The Chainnan's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the 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 TalIahassee 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 .' g 0" (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
252-2958
l6Al5
3
Yes
(Initial)
N/A (Not
A Hcable)
N/A
p-
I: Forms/ County Formsl Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16A15
RESOLUTION NO. 08-~
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION
NUMBER 07-274 WHICH ESTABLISHED THE JONES
EARTHMINING OPERATION CONDITIONAL USE TO AMEND
EXHIBIT D, CONDITIONS, BY REVISING THE NUMBER OF
MONTHLY BLASTING ACTIVITIES.
WHEREAS, on September 25, 2007, the Board of Zoning Appeals (BZA) approved a
conditional use for an expanded earthmining operation (Petition Number CU-04-AR-6904) by
Resolution Number 07-274, a copy of which is attached hereto as Exhibit I; and
WHEREAS, said conditional use approval was made subject to several conditions
attached and made a part of Resolution Number 07-274 as Exhibit D thereof; and
WHEREAS, Paragraph 3 of said Exhibit D required that this earthmining conditional use
operation be evaluated by staff and be brought back to the BZA for further review; and
WHEREAS, on April 22, 2008, staff did bring back the earthmining conditional use for
BZA review and the BZA did review it; and
WHEREAS, the BZA as a result of its review and hearing on the matter determined that
certain changes to said Exhibit D conditions where necessary; and
WHEREAS, this Resolution amends Resolution Number 07-274 attached hereto as
Exhibit I with a revised Exhibit D attached hereto as Exhibit 2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Exhibit D of Resolution Number 07-274 is amended to read as set forth on the
revised Exhibit D attached hereto as Exhibit 2 and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this .L.1- day of
t1l ar ,2008.
ATTEST:
Dwight,I:i.:!3fo~,~lerk
.':., . ','..'
RY~~~~i';'k
~..l'
Approved,.4s: tOfo.J"
and legal ~uffi2i'ency:
BOARD OF ZONING APPEALS
::Il?lNTY F ORIDA.
TOM HENNING, CHAIRMA
.-; i (tL 'lA.A.. Un . (It:w.Ltd: -.otz..,1~,
MarjOr::t. Student-Stirling
Assistant County Attorney
Item # l.l..afr6
Agenda 51~-O
Date
O:d ~g
MMSS - amending Reso. No. 07-274 I
Words struek tllreHgll are deleted; words underlined are added.
16A15
Collier Countv Conditions of Auuroval
CU-04-AR-6904 Land Trust Earth Mine
This approval is conditioned upon the following stipulations because of the close
proximity to Golden Gate Estates in Collier County.
I. The BZA may revoke the approval of this Conditional Use if the approved use or
the manner in which the approved use is conducted, managed or operated impairs
the character and integrity of the zoning district and surrounding area, or the
applicant does not fully comply with or complete all conditions of approval or
improvements indicated on the development plan and modification of the
conditions or plan are found not to be in the public interest or are detrimental to the
public health, safety, or general welfare.
2. Jones Mine shall assist in the formation of a committee comprised of surrounding
neighbors that will work together to hire a qualified engineerCs) who will
investigate blasting complaints. The firm and/or candidate should be unbiased
toward all parties and hired prior to the BZA six month rcview of the conditional
use.
3. The conditional use approval shall be reviewed by staff and brought back to the
BZA after six months from the date of this conditional use approval, on the first
anniversary of this conditional use approval, and every two years subsequent to
determine whether additional stipulations or mitigation are necessary to insure
compatibility with other properties in the area and to assure public health, safety
and welfare is adequately addressed. Development Services staff will use the
foregoing standards in their review and in the event of the inability of Development
Services and applicant to agree upon additional stipulations or mitigation, the
matter will be referred to the Board of Zoning Appeals using the Land
Development Code procedural requirement for appeals.
4. This Conditional Use for blasting shall be reviewed by staff and brought back to
the CCPC and BZA after one year from the time the excavation permit is issued.
5. Jones Mine shall set-up a bi-annual $40,000 fund that shall be designated for
neighborhood improvements.
6. The County shall monitor the conditional use for blasting, and an inspection charge
shall be applied to cover fees associated with the inspection.
7. A $500,000 bond shall be set aside for settlement of any claims for structural
damages directly resulting from blasting.
8. The local damage contact will be Mr. Damon Jones at 239-304-] 506 or
www.jonesmining.com.
9. To reduce the impacts to the neighborhood, and to account for changes in weather
conditions, air blasts shall not exceed a maximum limit of 120 db!.
10. Ground vibration shall be allowed up to and not to exceed a calendar monthly
average of 0.20 inch per second.
Exhibit D of Resolution 07-274 - revised 5-1-08 MMSS
Exhibit 2
Words struck tHrougH are deleted; words underlined are added.
:16 A 15
11. The maximum load per hole shall be limited to less than 100 pounds of explosives
per blast.
12. The maximum of eighteea (18) blasts number of blasting activities shall be limited
to eight (8) davs per month and the maximum number of holes per month shall not
exceed 1,680.
13. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi-
annually for ongoing maintenancc of county roads impacted by the heavy vehicles.
This surcharge will expire when the property is rezoned or the conditional use has
terminated.
] 4. The applicant shall hire a consultant to establish an archaeological monitoring plan
and make sure the employees of Jones Mine are aware of the monitoring plan.
15. Beginning on the first anniversary date of BZA approval and continuing each year
thereafter, the owner shall provide a report to the Collier County Transportation
Services Division which will include the condition of the roadway adjacent to the
property entrance, accident reports, and average daily and peak hour vehicle trips
entering and exiting the earth mine.
16. The storm water run off quality should not be affected with the proposed
excavation area expansion.
17. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be
installed along the perimeter of the operation adjacent to residential structures
immediately upon approval of this conditional use to insure the noise reduction is
addressed. Mulch berms shall not be permitted as part of the buffers.
18. To lessen the potential for noise, dampening of the rock crushing equipment shall
have attenuation properties/enclosures around the motors of the equipment. If
attenuation enclosures are not able to be achieved for other large equipment then an
earthen berm shall be installed around the pumps and equipment; up to the height
of the equipment being shielded, (i.e. if the equipment is 10 feet high then a ]0 foot
high berm is required). The berm shall be installed within six (6) months of
approval of this conditional use.
]9. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the
Conditional Use Master Site Plan - Phase I and II.
20. Adequate utility, access roads, drainage, and other necessary facilities already
provided shall continue to be maintained.
21. The mining operations shall be conducted in compliance with the laws of the State
of Florida, Collier County Government and the Federal Government, especially as
related to safety standards set forth in the Blasting Regulation of Collier County
Ordinance No. 04-55, as amended~
22. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday
through Saturday to prevent disturbance noise to the surrounding residential
property owners. If the County receives any complaint regarding the noise from the
rock crushing equipment then the hours of operation shall be limited to 7:00 A.M.
Exhibit D of Resolution 07-274 - revised 5-1-08 MMSS
Exhibit 2
Words stmek threllgh are deleted; words underlined are added.
16A15
to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by
stipulation number 23.
23. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through
Friday. Blasting activities shall not exceed eigl1teem (18) tilTles a eight (8) davs per
month with a three (3) second maximum initiation duration with a low volume and
close pattern to minimize noise and vibration.
24. The maximum allowable depth of the excavation shall be 45 feet or to the
confining layer, whichever is shallower.
25. Excavation shall occur from the eastern boundary and work towards the western
boundary of the property.
26. A southbound lane shall be installed to include a passing lane and the length shall
be determined on an acceleration rate to 45 miles per hour (mph) or posted speed
limit of a loaded dump truck exiting from the property on to Immokalee Road. The
southbound lane shall be built to the standards of the Transportation Services
Division and all costs of the construction of the southbound lane as well as the land
for right-of-way shall be the applicant's responsibility.
27. The conditional use shall be limited to 800 maximum loaded trips per day until the
southbound passing lane is constructed. Once the southbound lane has been
installed, the limitation on 800 maximum loaded trips shall be lifted.
28. Upon completion of excavation activities, all buildings, equipment, buffers and
berms shall be removed within six (6) months, unless such buildings and equipment
will be used in the reclamation process.
29. During each blast a seismograph machine shall be placed in three locations; at the
northern property border closest to Fawn A venue and adjacent to the closesl
residential structure; at the southern property border adjacent to the closesl
residential structure between 16'h Street N.E. and 20'h Street N.E.; at the eastern
property border between 52"0 Avenue N.E. and 58'h Avenue N.E.
30. A pre-blasting survey shall be taken for all affected property owners who expressed
a concern at the Neighborhood Information Meeting, Collier County Planning
Commission and the Board of County Commissioners as well as those who
transmitted letters of dissent and existing structures along with future structures that
meet the pre-blasting inspection criteria of Ordinance 04-55. One copy of the pre-
existing survey will be given to the homeowner and another copy shall be filed
with the Collier County Engineering Services Department Director.
31. An approved indigo snake plan is required to be implemented prior to beginning
any construction including site clearing. The name and contact information of a
qualified biologist who will monitor work shall be supplied to Environmental
Services Department staff at the pre-construction meeting or prior to excavation
permit approval.
32. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife
Conservation Commission (FWC) accepted mitigation for impacts to panthers,
Exhibit D of Resolution 07-274 - revised 5-1-08 MMSS
Exhibit 2
Words ~;tmck throHgl1 are deleted; words underlined are added.
16A15
woodstorks, Florida black bear and other listed species will be required prior to
excavation permit approval.
33. An updated listed species survey less than 6 months old is required for areas of
expanded excavation prior to issuance of an excavation permit. As required by
FWC Technical Assistance, follow up pedestrian surveys of each new mining block
will be conducted between 60 and 180 days prior to commencement of any mining
related activity through the life of the project. The applicant shall submit a copy of
these surveys to Environmental Services Department staff.
34. Vegetated buffers shall be maintained around all wetlands. If any of these buffer
areas do not include the minimum required vegetated width, a replanting plan will
be required as part of the excavation permit.
35. Any other additional or updatcd environmental permits or information as required
in the LDC will be required prior to excavation permit approval.
36. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created
lake. Construction of the littoral area will commence no later than 2 years from the
approval of the Conditional Use and be finished within 5 years of said approval.
37. All conditions of the original Conditional Use shall remain in effect, but only to the
extent they are not in conflict or inconsistent with these stipulations.
38. The water table in adjacent on-site wetlands shall be monitored. Levels shall be
recorded and reported to the Community Development and Environmental Services
Division every March and September for 5 years. The results shall also be provided
to the Environmental Advisory Committee.
39. Additional information provided by FWC staff regarding impacts of blasting on
burrowing owl embryo formation shall be forwarded to the County. The
information from the FWC shall be provided to the applicant upon receipt.
40. Expedited permitting shall be pursued to ensure that these conditions are met
quickly and to shorten the length of time that mining will occur on this site.
41. Blasting shall be terminated five (5) years after the expanded excavation permit has
been issued.
42. Blasting shall be limited to the blast zone depicted on the attached map.
Exhibit D of Resolution 07-274 - revised 5-1-08 MMSS
Exhibit 2
Words ~;truck throHgh are deleted; words underlined are added.
I6A15
RESOLUTION 07-.2ilL
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR A CONDITIONAL USE WHICH ALLOWS
FOR EARTH MINING WITH EXCAVATION OF FILL
MATERIAL TO A MAXIM UN DEPTH OF 45 FEET, OR TO
THE CONFINING LAYER. WHICHEVER IS LESS, AND
BLASTING OF MATERIAL IN A RURAL AGRICULTURAL-
MOBILE HOME OVERLAY (A-MHO). IN COMPLIANCE
WITH ALL BLASTING REQUIREMENTS PURSUANT TO
ARTICLE IV, SECTION 22 OF THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCE AND SECTION 10.02.03
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
AND FOR PROCESSING OF MATERIAL FOR PROPERTY
LOCATED EAST OF IMMOKALEE ROAD,
APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD.
THE SUBJECT PROPERTY IS LOCATED WITHIN SECfIONS
35 & 36, TOWNSHIP 47 SOlITH, RANGE 27 EAST; AND ALL
OF SECTION I AND 2, TOWNSHIP 48 SOUTH, RANGE 27
EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD
846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA;
AND REPEALING RESOLUTION NOS. 99-420 AND 06-157.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County 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
(Ordinance No. 2004-41) which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divisions of the County. among which is the
granting of Conditional Uses; and
WHEREAS, on November 9, 1999, by Resolution 99-420, a copy of which is attached as
Exhibit E, the Board of Zoning Appeals of Collier County approved a Conditional Use providing
for earth mining with respect to the same properly which is the subject of this conditional use
petition, which property is described in Exhibit B; and
WHEREAS, on June 20, 2006, by Resolution 06-157, a copy of which 1S attached as
Exhibit F, the Board of Zoning Appeals of Collier County approved a second Conditional Use
concerning earth mining and blasting of material with respecllO the same property which is the
subject of this conditional use petition: and
WHEREAS, the owner of the subject property, Mining Venture, LLC, has filed Petition
No. CU-2004-AR-6904, seeking to extend the boundaries of the excavation; and
WHEREAS, the parties wish that this Resolution supersede and replace Resolutions No.
99-420 and 06-157, so that this Resolution sets forth all conditions for the granting of the
Conditional Use for the subject property; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of allowing this
requested expansion of the existing Conditional Use: and
Page I of2
Exhibit 1
(17 pages)
WHEREAS, the Collier County Planning Commission has found as a matter of fact
(Exhibit "A") that satisfactory provi~ion and arrangemenL have been made concerning all
applicable matters required by said regulations and in accordance with Subsection 1O.0S.00.D. of
the Land Development Code; and
WHEREAS. all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presemed.
NOW, THEREFORE, BE IT RESOLVED BY The Board Of Zoning Appeals Of Collier
County, Florida, that:
(1) The petition filed by R. Bruce Anderson, Esq. of Roetzel & Andress, representing
thc owner of the property hereinafter described in Exhibit "8" attached hereto and incorporated
hy reference herein, be and the same is hereby approved, to the extent that the Board hereby
grants a new Conditional Use for Rural Agricultural-Mobile Home Overlay (A~MHO) district for
earth mining: excavation of fill material to a maximum depth of 4S feet, or to the confining soil
layer, whichever is less, and blasting of material in compliance with all blasting requirements of
Section 10.02.03 Collier County Land Development Code in accordance with the Conceptual
Master Plan (Exhibit "e") and subject to the conditions set forth in Exhibit "D" which is attached
hereto and incorporated by reference herein.
(2) That this Resolution herehy supersedes and replaces Resolutions No. 99-420 and
06-157, which are hereby repealed and rescinded in their entirety and are accordingly no longer
of any legal force or effect.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote, this ~day of
9-.,,0 f' fii;;n~ /J ,200?
A TIEST:
DWIGIIT E. BROCK, CLERK
By:
J MES COLETTA, Chairman
pr
Jef y
Ma agin
laLzkow
ssistunt County Attorney
Page 2 of2
16A15
16A15
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The following facts are found:
I. Section 10.08 of the Land Devclopment Code authorizes the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
/
Yes..\-' No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of tire or catastrophe:
Adequate ingress & egress
Yes i/ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or ~ Affect mitigated by '.~+, pt, !"':'",'.;~r\,JPl\ i '. i C( ,,'C
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible usc within district
Yes~ No
Based on the above findings, this conditional usc should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: ?/"
U1
CHAIRMAN:
rt .,
, ~
'\ I.
I'~
<> J,Lu..____.,
\ 1
EXHIBIT A
16A15
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The following facts are found:
I. Section 10.08 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes / No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes / No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: 'h..t c 7
MEMBER:
16A15
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The following facts are found:
1. Section 10.08 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
advcrsely affect other property or uses in the same district or neighborhood because of:
A.
B.
Consistency with the Land l)"elopment Code and Growth Management Plan:
Yes~ No_
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenicnce; traffic flow and
control, and access in case of fire or catastrophe:
c.
Adequate ingress & egress ,
Yes I No
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
I
--'!! No affect or _ Affect mitigated by
_ Affcct cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within diSf
Yes _ No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATFa~ 01
MEMBER. ~~~
16A15
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The following facts are found:
1. Section 10.08 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public intercst and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
-//
Yes " No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
YesL No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ..iL'_ Affect mitigated by ({;l,r'!'r . " :'1' ",t'l' ,'\,1\ I
_. Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Ycs l No
Based on the above findings, this conditional use shou~/with stipulations, (copy attached)
(should not) be recommended for approval. I
I
I
DATE:
MEMBER:
\.\):j\":a: ;'..'i~ '5 ,;~~
.,
\
\
16A15
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The following facts are found:
1. Section 10.08 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A.
Consistency with the Land D/lopment Code and Growth Management Plan;
YesL No_
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
C.
Adequate ingress & egress /
Yes L No
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
bo affect or _ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within district
YeSLNO_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: f? -,J -0 7
~)
---
MEMBER, __ - .
.?
,A::6 c-;f ( t/ /'? c: /c:l/~
16A15
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The following facts are found:
1. Section 10.08 of the Land Development Code authorized the conditional use.
2. Granting thc conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes-$ No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes Y No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes.x.- No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: ff-])- 07
-
MEMBC d~.
16A15
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The following facts are found:
1. Section 10.08 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A.
Consistency with the Land~inent Code and Growth Management Plan:
Yes L No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience; traffic flow and
control, and access in case of fire or catastrophe:
C.
Adequate ingress & egres/s .
Yes No
Affects neighboring properties in relation to noise, glare, economic or odor
effects: ~./
_ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within diS//
Yes -'-- No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
")..-?
'''V f"
// , /
MEMBER: ,!,-/ L /
,
16A15
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-AR-6904 Land Trust Earth Mine
The following facts are found:
1. Section 10.08 ofthe Land Development Code authorizcd the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes '/ No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience; traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
Noaffector ~Affectmitigatedby)- t{);7J1 .~/nf'l1L IITh'~
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
"j'il-l :; /lfu l-l~ !-J(Ji.)~
Yes [/ No
Based on the above findings, this conditional usc should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: .~/..:( J {J 1
I
I J.
MEMBER: /( ('~nd4. ~i'.'// l {l'" t'-fc,
16A15
LEGAL DESCRIPTION
ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE
27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48
SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR
COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY,
FLORIDA.
EXHIBIT "B"
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16A15
Collier County Conditions of Approval
CU-04-AR-6904 Land Trust Earth Mine
This approval is conditioncd upon the following stipulations because of the closc
proximity to Golden Gate Estates in Collier County.
1. The BZA may revoke the approval of this Conditional Use if the approved use or
thc manner in which the approved use is conducted, managed or operated impairs
the character and integrity of the zoning district and surrounding area, or the
applicant does not fully comply with or complete all conditions of approval or
improvements indicated on the development plan and modification of the
conditions or plan are found not to be in the public interest or are detrimental to the
public health, safety, or general welfare.
2. Jones Mine shall assist in the formation of a committee comprised of surrounding
neighbors that will work together to hire a qualified engineer(s) who will
investigate blasting complaints. The firm and/or candidate should be unbiased
toward all parties and hired prior to the BZA six month review of the conditional
use.
3. The conditional use approval shall be reviewed by staff and brought back to the
BZA after six months from the date of this conditional use approval, on the first
anniversary of this conditional use approval, and every two years subsequent to
determine whether additional stipulations or mitigation are necessary to insure
compatibility with other properties in the area and to assure public health, safety
and welfare is adequately addrcsscd. Development Services staff will use the
foregoing standards in their review and in the event of the inability of Dcvelopment
Services and applicant to agree upon additional stipulations or mitigation, the
matter will be referred to the Board of Zoning Appeals using the Land
Development Code procedural requirement for appeals.
4. This Conditional Use for blasting shall be reviewed by staff and brought back to
the CCPC and BZA after one year from the time the excavation permit is issued.
5. Jones Mine shall set-up a bi-annual $40,000 fund that shall be designated for
neighborhood improvements.
6. The County shall monitor the conditional use for blasting, and an inspection charge
shall be applied to cover fees associated with the inspection.
7. A $500,000 bond shaH be set aside for settlement of any e1aims for structural
damages directly resulting from blasting.
8. The local damage contact will be Mr. Damon Jones at 239-304-1506 or
www.jonesmining.com.
9. To reduce the impacts to the neighborhood, and to account for changes in weather
conditions, air blasts shall not exceed a maximum limit of 120 db!.
10. Ground vibration shall be allowed up to and not to exceed a calendar monthly
average of 0.20 inch per second.
Exhibit D
16A15
II. The maximum load per hole shall be limited to less than 100 pounds of explosives
per blast.
12. The maximum of eighteen (18) blasts per month and the maximum number of holes
per month shall not exceed 1,680.
13. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi-
annually for ongoing maintenance of county roads impacted by the heavy vehicles.
This surcharge will expire when the property is rezoned or the conditional use has
terminated.
14. The applicant shall hire a consultant to establish an archaeological monitoring plan
and make sure the employees of Jones Mine are aware of the monitoring plan.
15. Beginning on the first anniversary date of BZA approval and continuing each year
thereafter, the owner shall provide a report to the Collier County Transportation
Services Division which will include the condition of the roadway adjacent to the
property entrance, accident reports, and average daily and peak hour vehicle trips
entering and exiting the earth mine.
16. The storm water run off quality should not be affected with the proposed
excavation area expansion.
17. A twenty (20) toot wide Type B buffer and fifteen (15) foot high berm shall be
installed along the perimeter of the operation adjacent to residential structures
immediately upon approval of this conditional use to insure the noise reduction is
addressed. Mulch berms shall not be permitted as part of the buffers.
18. To lessen the potential for noise, dampening of the rock crushing equipment shall
have attenuation properties/enclosures around the motors of the equipment. If
attenuation enclosures are not able to be achieved for other large equipmcnt then an
earthen berm shall be installed around the pumps and equipment; up to the height
of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot
high berm is required). The berm shall be installed within six (6) months of
approval of this conditional use.
19. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the
Conditional Use Master Site Plan - Phase I and II.
20. Adequate utility, access roads, drainage, and other necessary facilities already
provided shall continue to be maintained.
21. The mining operations shall be conducted in compliance with the laws of the State
of Florida, Collier County Government and the Federal Government, especially as
related to safety standards set forth in the Blasting Regulation of Collier County
Ordinance No. 04-55, as amended
22. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday
through Saturday to prevent disturbance noise to the surrounding residential
property owners. If the County receives any complaint regarding the noise from thc
rock crushing equipment then the hours of operation shall be limited to 7:00 A.M.
to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by
stipulation number 23.
Exhibit D
16A15
23. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through
Friday. Blasting activities shall not exceed eighteen (18) times a month with a three
(3) second maximum initiation duration with a low volume and close pattern to
minimize noise and vibration.
24. The maximum allowable depth of the excavation shall be 45 feet or to the
confining layer, whichever is shallower.
25. Excavation shall occur from the eastern boundary and work towards the western
boundary of the property.
26. A southbound lane shall be installcd to include a passing lane and the length shall
bc determined on an acceleration rate to 45 miles per hour (mph) or posted speed
limit of a loaded dump truck exiting from the property on to Immokalee Road. The
southbound lane shall be built to the standards of the Transportation Services
Division and all costs ofthe construction of the southbound lane as well as the land
for right-of-way shall be the applicant's responsibility.
27. The conditional use shall be limited to 800 maximum loaded trips per day until the
southbound passing lane is constructed. Oncc the southbound lane has been
installed, the limitation on 800 maximum loaded trips shall be lifted.
28. Upon completion of excavation activities, all buildings, equipment, buffers and
berms shall be removed within six (6) months, unless such buildings and equipment
will be used in the reclamation process.
29. During each blast a seismograph machine shall be placed in three locations; at the
northern property border closest to Fawn Avenue and adjaccnt to the closes
residential structure; at the southern property border adjacent to the closes
residential structure between 16th Street N.E. and 20th Street N.E.; at the eastern
property border between 52nd Avenue N.E. and 58th Avenue N.E.
30. A pre-blasting survey shall be taken for all affected property owners who expressed
a concern at the Neighborhood Information Meeting, Collier County Planning
Commission and the Board of County Commissioners as well as those who
transmitted letters of dissent and existing structures along with future structures that
meet the pre-blasting inspection criteria of Ordinance 04-55. One copy of the pre-
existing survey will be given to the homeowner and another copy shall be filed
with thc Collicr County Engineering Services Department Director.
31. An approved indigo snake plan is required to be implemented prior to beginning
any construction including site clearing. The name and contact information of a
qualified biologist who will monitor work shall be supplied to Environmental
Services Department staff at thc pre-construction meeting or prior to excavation
permit approval.
32. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife
Conservation Commission (FWC) accepted mitigation for impacts to panthers,
woodstorks, Florida black bear and other listed species will be required prior to
excavation permit approval.
33. An updated listed species survey less than 6 months old is required for areas of
expanded excavation prior to issuance of an excavation permit. As required by
Exhibit D
16A15
FWC Technical Assistance, follow up pedestrian surveys of each new mining block
will be conducted between 60 and 180 days prior to commencement of any mining
related activity through the life of the project. The applicant shall submit a copy of
these surveys to Environmental Services Department staff.
34. Vegetated buffers shall be maintained around all wetlands. If any of these buffer
areas do not include the minimum required vegetated width, a replanting plan will
be required as part ofthe excavation permit.
35. Any other additional or updated environmental permits or information as required
in the LDC will be required prior to excavation permit approval.
36. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the creatcd
lake. Construction ofthe littoral area will commence no later than 2 years from the
approval of the Conditional Use and be finished within 5 years of said approval.
37. All conditions of the original Conditional Use shall remain in effect, but only to the
extent they are not in conflict or inconsistent with these stipulations.
38. The water table in adjacent on-site wetlands shall be monitored. Levels shall be
recorded and reported to the Community Development and Environmental Services
Division every March and September for 5 years. The results shall also be provided
to the Environmental Advisory Committee.
39. Additional information provided by FWC staff regarding impacts of blasting on
burrowing owl embryo formation shall be forwarded to the County. The
information from the FWC shall be provided to the applicant upon receipt.
40. Expedited permitting shall be pursued to ensure that these conditions are met
quickly and to shorten the length of time that mining will occur on this site.
41. Blasting shall be terminated five (5) years after the expanded excavation permit has
been issued.
42. Blasting shall be limited to the blast zone depicted on the attached map.
Exhibit D
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1682
MEMORANDUM
Date:
May 15,2008
To:
Rhonda Cummings, Contract Specialist
Purchasing Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 08-5045
"Annual Contract for Roadway Contracts"
Contractor: Gustafson Construction Corporation
Enclosed please find one (1) original contract, as referenced above,
(Agenda Item #16B2), approved by the Board of County Commissioners
on Tuesday, May 13, 2008.
An original is being kept in the Minutes and Records Department as part
of the Board's permanent records.
If you should have any questions, please contact me at 252-8406.
Thank you.
Enclosures (I)
1682
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. .-\tlaeh to original document, Original dOClImcllts should he hand delivered tn the !3oard Office. rill' completed rouling slip ami origillul
dOCLlIllt:nls arc to he forwarded to the Board Onicc only aftl'r the Ilmml has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infollTlation needed. If the document is already complete with the
exec lion of the Chairman's 5i nature, draw a line throu h routin lines #] thrall h #4, COI Jete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
2.
4. Robert Zacha
5. Sue Filson, Executive Manager
3.
6. Minutes and Records
Clerk of Court's Office
5/14108
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 information is needed in the event one ol'the addressees above, including Sue Fihon, need to contact staff for additional or missing
information. All original documents needing [he 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 Rhonda Cummings, CPPB, Contract Phone Number 252-8941
Contact Snecialist
Agenda Date Item was May 13,2008 Agenda Item Number 16.B.2.
Aooroved bv the BCC
Type of Document Contract: #08-5045 "Annual Contract for Number of Original Two (2)
Attached Roadway Contracts" Contractor: Gustafson Documents Attached
Construction Comoration
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable colnmn, 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 signatuIe 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 exec t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as tbe date ofBCC approval oftbe
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on May 13, 2008 and all changes made
during tbe meeting bave been incorporated in the attached document. The County
Attorne 's Office has reviewed the chao es, if a licable.
Yes
(initial
RNZ
N/A(Not
A licable)
2.
3.
4.
5.
6.
RNZ
RNZ
RNZ
RNZ
RNZ
I: FonnsJ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08-PRC.oo899/J
",- ,-q , ,,!
,(,:l)r,jT\' i-\rTrjjh(.&~
16H2
RECEIVED:
ITEM NO:OS -~\~C-CXJS'(r)l
FILE NO.:
DATE
ROUTED TO:
....:--'.." ";": 1 3 ;r~J~~ '.'.1-'4'
L::J:J\.I fi~; T i r II J' J
Date:
May 13, 2008
DO NOT WRITE ABOVE THIS LINE ~~.....rI--.
f~ A ~~~
~J~
REQUEST FOR LEGAL SERVICES ^"'"~1.t:aA,) ~
:)' ~ 5}J5/ p j
To: Office of the County Attorney
Attention: Robert Zachary
From: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re: Contract: #08-5045 "Annual Contract for Roadway Contractors"
Contractor: Gustafson Construction Corporation
BACKGROUND OF REQUEST:
This contract was approved by the BCC on May 13, 2008; Agenda
Item 16.B2
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.
0~
C. t-I- 00
C;.. /
C: Dan Hall, TECM
MEMORANDUM
TO: Ray Carter
Risk Management Department
FROM: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department
DATE: May 13,2008
RE: Review of Insurance for Contract: #08-5045 "Annual Contract for
Roadway Contractors"
Contractor: Gustafson Construction Corporation
1682
This Contract was approved by the BCC on May 13, 2008; Agenda Item
16.B.2
Please review the Insurance Certificates for the above-referenced contract
and forward to the County Attorney's Office for further signature routing.
Thank you. If you have any questions, please contact me at extension 8941.
,^'.~. /}13}Od
~r/; rl '
X~~~(p):
dod/RC
C: Dan Hall, TECM
www.sunbiz.org - Department of State
tre B2
Pr~'{lQ_tJ~Qn Li$_t hI~~lQJ1___l"i_$t
Return To list
No Events
No Name History
Detail by Entity Name
Foreign Profit Corporation
GUSTAFSON CONSTRUCTION CORP.
Filing Information
Document Number F04000001920
FEI Number 363751442
Date Filed 04/07/2004
State WI
Status ACTIVE
Principal Address
178 N ROYAL AVE
BELGIUM WI 53004
Mailing Address
13700 CYPRESS TERRACE CIRCLE
FORT MYERS FL 33907
Changed 05/01/2006
Registered Agent Name & Address
GUSTAFSON, JENNIFER
13700 CYPRESS TERRACE CIRCLE
FORT MYERS FL 33907 US
Name Changed: 04/30/2008
Address Changed: 05/01/2006
Officer/Director Detail
Name & Address
Title PRES
GUSTAFSON,ROBERT
13700 CYPRESS TERRACE CIRCLE
FORT MYERS FL 33907
Title SEC
GUSTAFSON, JENNIFER
13700 CYPRESS TERRACE CIRCLE
FORT MYERS FL 33907
Annual Reports
Report Year Filed Date
2006 05/0112006
http://www.sunbiz.org/scripts/cordct.exe?action=DETFIL&inq doc number=F0400000 192... 5/5/2008
www.sunbiz.org - Department of State
Page 2 of! 6 B .
2007 07103/2007
2008 04/30/2008
Document Images
04130i200s=ANNlJAL REPQRT l
07/03/2007=ANNlJA~REPQRT I
05/01/2006" ANNlJA~ REPORT I
04/07/2005 -- ANNlJA~ REPQBT I
04/07/2004 --_ Foreign Profit
View image in PDF format
View image in PDF format
View image in PDF format
View image in PDF format
View image in PDF format
J
J
I
J
I
I Note: This is not official record. See documents if question or conflict. I
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ nnmber=F0400000192... 5/5/2008
16B~
.
A G R E E MEN T 08-5045
for
Annual Contract for Roadwav Contractors
THIS AGREEMENT is made and entered into this 13 day of May, 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 Gustafson Construction Corporation
authorized to do business in the State of Florida, whose business address is 13700 Cypress Terrace
Circle, Fort Myers, Florida 33907 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one year (1) year period, commencing on May
13, 2008 and terminating May 12, 2009 or until such time as all outstanding Work Orders issued
prior to the expiration of the Agreement period have been completed. This contract shall have
three one (1) year renewals, renewable annually. In no event, including renewal options, shall the
contract exceed four (4) years. The County Manager, or his designee, may, at his discretion,
extend the Agreement under all of the terms and conditions contained in this Agreement for up to
one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend 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 (5) firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for roadway construction services on an as-needed basis as may be
required by the Owner in accordance with the terms and conditions of RFP #08-5045 - "Annual
Contract for Roadway Contractors" and the Contractor's proposal, which is incorporated by
reference and made an integral part of this Agreement. The execution of this Agreement shall not
be a commitment to the Contractor that any work will be awarded to the Contractor. 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 up to Two
Hundred Thousand Dollars ($200,000) or less, the Owner shall obtain written proposals from at
least three (3) or more of the selected firms, negotiate favorable project terms and conditions, and
issue a numbered Work Order, signed by the Department Director to initiate the projects. These
quotes may be obtained electronically via the On-Line Bidding System. Completion time and the
collection of liquidated damages may be specified in the Quotation and a Performance Bond may
be required. A Certification of Final Completion will be required by the County in order for the
Contractor to receive final payment.
1
16B2
For projects with an estimated cost over Two Hundred Thousand and One Dollars ($200,001) and
less than Five Hundred Thousand Dollars ($500,000), competitive quotes shall be solicited from
at least three (3) of the selected firms. The Contractor shall respond with the information sought
within ten (7) working days. The County will negotiate favorable project terms and conditions, and
issue a numbered Work Order to initiate the projects. A Payment and Performance Bond is
required when projects exceed $200,000. The Contractor shall provide the Payment and
Performance Bond within seven (7) working days after notification of award. The County will
negotiate favorable project terms and conditions. Staff recommendations will then be submitted
to the Board of County Commissioners for approval after County Attorney and Division
Administrator approval.
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.
3. 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 services offered under this contract, provided
sufficient funds are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Gustafson Construction Corp.
13700 Cypress Terrace Circle
Fort Myers, FL 33907
Phone: 239-437-2039
Fax: 239-437-2041
Attention: Robert Morphonios, President
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-732-0844
2
16B2
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.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) 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 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.
3
1682
B. Business Auto 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 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 $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30)
day notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. 'INDEMNIFICATION: To the maximum extent permitted by Florida law, the
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 frorn the sole negligence of
Collier County.
12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
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
4
1682
construction or renovation project performed by the Contractor. The bonds shall be furnished
using the forms prescribed in Exhibits "B and B-2".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business 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.
12. 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. Subsequent to the first payment,
Contractor must provide Owner with a fully executed Release and Affidavit in the form
attached hereto as Exhibit "C" 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 Exhibits "F and G".
13. 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.
14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
15. 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. The "Commencement Date" shall be
established in the written Notice to Proceed to be issued by the Project Manager, as
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hereinafter defined. Contractor shall commence the Work within five (5) calendar days from
the Commencement Date. No Work shall be performed at the Project site prior to the
Commencement Date. Any Work performed by Contractor prior to the Commencement Date
shall be at the sole risk of Contractor. Contractor shall 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.
16. 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
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "E" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree.
17. 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
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Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Owner in writing.
18. 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.
19. 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.
20. 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.
21. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are
neat, clean, well groomed and courteous.
22. 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.
23. PROTECTION OF WORK.
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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.
24. 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.
25. 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 Substantial 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.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, 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
8
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portions 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, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit G,
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 "C"
(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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
26. 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 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
9
1682
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.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Transportation Department.
28. 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, RFP No. 08-8045, any
addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders.
29. .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.
30. 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.
31. SALES TAX. 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.
No markup shall be applied to sales tax.
32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of
this agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
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33. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
35.
AGREEMENT TERMS:
otherwise unenforceable,
remain in effect.
If any portion of this Agreement is held to be void, invalid, or
in whole or in part, the remaining portion of this Agreement shall
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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:
Dwight E.,\fil:r:9C#/R,lerk of Courts
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By:-R....~~.. ~r O~
Dated: . - t c-
t:', f - '..' _ "
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Type/Print Witness Name
~ A----
Secona Witness
f?ob U C-
Type/Print Witness Name
Approved as to form and
legal s _____-/
By:
Gustafs~struction Corp.
By: ~/~~
Signature
RDtx.(~ MorphoniOS
Typed Signature
PreSidlYlt.
Title
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12
16B2
SCHEDULE A
WORK ORDER #
Agreement for
, Dated:
, 2008 (RFP
)
This Work Order is for professional
services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated , 200 which is attached hereto and made a
part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced
above, Work Order # is assigned to: name of firm.
Scope of Work: As detailed in the attached proposal and the following:
* Task I
* Task II
* Task III
Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is
accompanying this Work Order.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the
Firm in accordance with the following method(s): Negotiated Lump Sum_Lump Sum Plus
Reimbursable Costs Time & Material (established hourly rate - Schedule A) _Cost Plus
Fixed Fee, as provided in the attached proposal. (Define which method will be used for which
tasks)
Task I $
Task II $
Task III $
TOTAL FEE $
Any change made subsequent to final department approval will be considered an additional service
and charged according to Schedule "A" of the original Contract Agreement.
PREPARED BY:
name and title
Date
APPROVED BY:
Department Director, Department Name
Date
APPROVED BY:
Division Administrator, Division
Date
13
ACCEPTED BY: Company name
Signature of Authorized Company Officer
1682
Date
Type or Print Name and Title
14
EXHIBIT B
PUBLIC PAYMENT BOND
1682
Bond No.
Contract No. 08-5045
KNOW ALL MEN BY THESE PRESENTS: That
, as
Principal, and , as Surety, located at_
(Business Address)
are held and firmly bound to as
Oblige in the sum of ($) for
the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WH EREAS, 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 -15-
Signed, sealed and delivered
in the presence of:
16B2
PRINCIPAL:
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
200_, by ,as
, a corporation, on behalf
He/she is personally known to me OR has produced
identification and did (did not) take an oath.
of
of
of the corporation.
as
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 -16-
16B2
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 -17-
1682
EXHIBIT B-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No.
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
day of
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 -18-
1682
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:
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
200_, by , as
, a corporation,
corporation. He/She is personally known to me OR has produced
identification and did (did not) take an oath.
day of
of
on
behalf
of
the
as
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -19-
16B2
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 -20-
16B2
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of
$ paid,
("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and
assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against
the Board of County Commissioners of Collier County, Florida, relating in any way to the performance
of the Agreement between Contractor and Owner, dated , 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
of ,a
He/she is personally known to me or has produced
as identification and did (did not) take an
, as
corporation, on behalf
of the corporation.
oath.
My Commission Expires:
Page -21-
1682
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page -22-
1682
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No. 08-5045
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Application Date
FROM:
Payment Application No.
(Contractor's Representative)
(Contractor's Name)
for Work accomplished through the Date:
(Contractor's
Address)
RE:
(Project Name)
Original Contract Time:
Original Contract Amount: $
Revised Contract Time:
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru[insert date] $
and stored to Date $
Retainage @ _% after [insert date] $
Less previous payment (s) $
Percent Work completed to Date: %
AMOUNT DUE THIS
Percent Contract Time completed to Date %
APPLICATION $
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS
APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous
progress payments received from OWNER on account of Work done under the Contract referred to
above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection
with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to
all materials and equipment incorporated in said Work or otherwise listed in or covered by this
Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3)
all amounts have been paid for work which previous payments were issued and received from the
OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as
Page -23-
1682
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:
DATE:
(Signature)
(Type Name and Title)
Page -24-
EXHIBIT E
CHANGE ORDER
16B2
CHANGE ORDER NO.
NO. 08-5045
CONTRACT
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 () 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:
Page -25-
16B2
By:
DESIGN PROFESSIONAL:
By:
Page -26-
1682
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
Page -27-
1682
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,20
OWNER
By:
Type Name and Title
Page -28-
16B2
EXHIBIT G
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
The following warranty is attached to and made a part of this Certificate:
Page -29-
1682
EXHIBIT G
Executed by Design Professional on
,20_.
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
OWNER
By:
Type Name and Title
Page -30-
1682
EXHIBIT H
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free
of all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace andlor repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -31-
ACORD_
CERTIFICATE OF LIABILITY INSURANCE
OP 10 SW
GUSTA-2 05 09
THIS CERTIFICATE IS ISSUED M> 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
Robertson Ryan & Assoc., Inc.
Two Plaza East, Suite 650
330 East Kilbourn Avenue
Milwaukee WI 53202
Phone:4l4-27l-3575 Fax: 414-271-0196
INSURED
INSURERS AFFORDING COVERAGE
INSURER A: CNA INTERNATIONAL
NAIC#
Gustafson Construction Corp.
Attn: Jennifer
13700 Cypress Terrace Circle
Fort Myers FL 33907
COVERAGES
INSURER B
INSURER C
INSURER 0
INSURER E
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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEDQR
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~,;!~iri~J.f,wlE I P8k!fEYI~~bRDA,A~ -. ...-
LTR NSR TYPE OF INSURANCE POLICY NUMBER LIMITS
~L1ABILlTY I I , EACH OCCURRENCE $ 1000000
A : X COMMERCIAL GENERAL LIABILITY I INS2094287416 03/01/08 03/01/09 E~~MISES (Ea occurence) $ 300000
CLAIMS MADE [!J OCCUR ' MED EXP (Anyone person) $ 10000
~ $1000 PD Ded. PERSONAL & ADV INJURY $ 1000000
.-.
--'-.. GENERAL AGGREGATE $ 2000000
""-i !
-il'l AGG~EnE LIMIT APnS PER: I ~_TS., COMPIOP AGG $ 2000000
X POLICY j~8T laC ! --.-- I --
~TOMOB1LE LIABILITY I COMBINED SINGLE LIMIT i . 1000000
A BUA2094287397 03/01/08 03/01/09 (Eaaccident)
i~ ANY AUTO I F
- ALL OWNED AUTOS BODILY INJURY
, (Per person)
- SCHEDULED AUTOS i ..--
~ HIRED AUTOS BODILY INJURY $
~ JON.OWNED AUTOS (Per accident)
-.....-.
X $500 Ded-Comp I PROPERTY DAMAGE i$
I X $500 Ded-Coll {Per accident)
GARAGE LIABILITY : AUTO ONLY. EA ACCIDENT $ ..-
-1 ANY AUTO OTHER THAN EAACC $
-~ .--- --..-.-
AUTO ONLY AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE , $ 50000QO~.
A '~ OCCUR o CLAIMS MADE I CUP2094287383 , 03/01/08 03/01/09 AGGREGATE , $ 5000000
..--. -_.--
8 ~EDUCTIBLE 'XS of CGL $
.-.'-- ~,--
IXS of EL $ --
i-----.-
I X RETENTION $10000 $
WORKERS COMPENSATION AND X ITb~l~~Ws I twr~_
EMPLOYERS' LIABILITY ._~--
A WC2094287402 03/01/08 03/01/09 EL EACH ACCIDENT $ 100000
ANY PROPRIETOR/PARTNER/EXECUTIVE ----f-- ----
OFFICER/MEMBER EXCLUDED? E,L DISEASE. EA EMPLOYEE: $ 100000
~~E~I~ls~~~v~~?6~S below I .----
EL DISEASE. POLICY LIMIT $ 500000
OTHER I
A ~ Property INS2094287416 03/01/08 03/01/09 I
ded 1000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Certificate holder is additional insured ATIMA in regards to the contract
with the above named insured for the "Contract #08-5045 -- Annual Contract
for Roadway Contractors" ,
CERTIFICATE HOLDER
CANCELLATION
COLLI08 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 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Purchasing Building IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
3301 E. Tamiami Trial
Naples FL 34112 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Brian Kleinmann
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
1682
MEMORANDUM
Date:
May 15,2008
To:
Rhonda Cummings, Contract Specialist
Purchasing Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Contract No.: 08-5045
"Annual Contract for Roadway Contracts"
Contractor: Quality Enterprises USA, Inc.
Enclosed please find one (1) original contract, as referenced above,
(Agenda Item #1682), approved by the Board of County Commissioners
on Tuesday, May 13,2008.
An original is being kept in the Minutes and Records Department as part
of the Board's permanent records.
If you should have any questions, please contact me at 252-8406.
Thank you.
Enclosures (1)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLJ 6 B 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print 011 pink paper. Attach 10 original dOCLlIl1l'llt. Original doclIlllents sholdd he hand delivered tn the Bount Office. n,C completed muting slip and original
documents arc tn be forwarded to the [3nurd 01Ticc unly anCl'the [loard has taken action on the ilem,)
"
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. (f the document is already complete with the
cxcention of the Chairman's sionature, draw a line lhrouuh routin" lines # I throueh #4, com)!ete the checklist, and forward to Sue Filson line #5),
Route to Addressee(s) Office Initials Date
(List in routina order)
1.
2. ~
3. dJrfI/,
4. Robert Zachary Assistant Countv Attornev RNZ I 1'-/ I 5/14/08
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. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be deliven~d to the Bee office only after the Bee has acted to approve the
item.'
Name of Primary Staff Rhonda Cummings, CPPB, Contract Phone Number 252-8941
Contact Snecialist
Agenda Date Item was May 13, 2008 Agenda Item Number l6.B.2.
Annroved bv the BCC
Type ofDocurnent Contract: #08-5045 "Annual Contract for Number of Original Two (2)
Attached Roadway Contracts" Contractor: Quality Documents Attached
Entemrises USA, Inc.
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. (AJI documeuts 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 signaturc pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been tully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on May 13, 2008 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial
RNZ
2.
3.
4.
5.
6.
RNZ
RNZ
RNZ
RNZ
RNZ
I: FOftTlSI County Forms/ BCC FotmS! Original Documents Routing Slip WWS Origina19.03_04, Revised 1.26.05, Revised 2.24.05
<<matter _numbeo>'/<<document_numben>
MEMORANDUM
TO: Ray Carter
Risk Management Department
FROM: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department
DATE: May 13, 2008
RE: Review of Insurance for Contract: #08-5045 "Annual Contract for
Roadway Contractors"
Contractor: Quality Enterprises USA, Inc.
16B2
This Contract was approved by the BCC on May 13, 2008; Agenda Item
16.6.2
Please review the Insurance Certificates for the above-referenced contract
and forward to the County Attorney's Office for further signature routing.
Thank you. If you have any questions, please contact me at extension 8941.
,,/Y <11~)Of,
~~~
dod/RC
C: Dan Hall, TECM
ITE~ NO.:~~ +>\2C.- oUloo
16 B ~, .
\.\ r::
. " DATE RECEIVED:
.'\",;... \..'1 J,-;L
'1' '1'" /1'-' -':->"
,\ / )11J Y AI ;'t)rH't::,
FILE NO.:
ROUTED TO:
z~a~ fl,P,i 13 I'M 3: 2S
Date:
DO NOT WRITE ABOVE THIS LINE ~ t.-e-...> l'
'J)~ .
r Il ~~~ ;n ~ \-.-ret
,-- I ~ Gvtt
REQUEST FOR LEGAL SERVICES ~~ V;/J5lp~
May 13,2008 ~
To:
Office of the County Attorney
Attention: Robert Zachary
From:
Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re:
Contract: #08-5045 "Annual Contract for Roadway Contractors"
Contractor: Quality Enterprises USA, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on May 13, 2008; Agenda
Item 16.B.2
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.
cc:-J21'f2-
S // v/,O f5
C: Dan Hall. TECM
www.sunbiz.org - Department of State
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Foreign Profit Corporation
QUALITY ENTERPRISES USA, ING.
Filing Information
Document Number F95000002550
FEI Number 540947002
Date Filed OS/25/1995
State VA
Status ACTIVE
Principal Address
3894 MANNIX DRIVE
STE 216
NAPLES FL 34114,5406 US
Changed 01/12/2005
Mailing Address
3894 MANNIX DRIVE
STE 216
NAPLES FL 34114,5406 US
Changed 01/12/2005
Registered Agent Name & Address
MURRELL, HOWARD J
2827 SILVERLEAF LANE
NAPLES FL 34105 US
Name Changed: 04/21/1997
Address Changed: 01/29/2004
Officer/Director Detail
Name & Address
Title PD
MURRELL, HOWARD J JR.
3894 MANNIX DRIVE STE 216
NAPLES FL 34114,5406
Title VPD
MURRELL, JOHN
208 TINTERN COURT
CHESAPEAKE VA 23320
Title ST
http://www.sunbiz.org/scripts/cordet.exe?actiorF D ETFII ,&inq.doc _ numbeFF95 0000025 5... 5/5/2008
www.sunbiz.org - Department of State
161j~f2
MURRELL, STACEY
3894 MANNIX DRIVE STE 216
NAPLES FL 34114-5406
Title VP
MORIARTY, PAUL
3894 MANNIX DRIVE STE 216
NAPLES FL 34114-5406 US
Title V
SLlCKO, RICHARD
3894 MANNIX DRIVE STE 216
NAPLES FL 34114-5406
Annual Reports
Report Year Filed Date
2006 01/23/2006
2007 02/05/2007
2008 01/24/2008
Document Images
01/24/2008 -- ANNUAL REPORT I
02/05/2007 -- ANNUAL REPORT I
01/23/2006,- ANNUALREPORT [
01/12/2005 -- ANNUAL REPORT
01/29/2004 -- ANNUAL REPORT
0210E3/20Q3 c,-ANHWAL EI;PORT
~6L13/2Q~~~ANNUALREPORT
Q_2LoQ!2Q02.~Al.J N1!I\LREP 0 R T
04/03/2001 "ANNUALB.EP_ORT r
08/28/2000" ANNUAL REPORT I
04/30/1g9g=-ANNWAL RI;PORT [
02/03/1998=-ANNUAL REPORT [
04/21/1997 -- ANNUAL REPORT [
Qe;!QlI199E3 ".ANNWAL REPORT I
View image in PDF format "]
View image in PDF format ]
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View image in PDF format I
View image in PDF format J
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16B2
A G R E E MEN T 08-5045
for
Annual Contract for Roadway Contractors
THIS AGREEMENT is made and entered into this 13 day of May, 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 a one year (1) year period, commencing on May
13, 2008 and terminating May 12, 2009 or until such time as all outstanding Work Orders issued
prior to the expiration of the Agreement period have been completed, This contract shall have
three one (1) year renewals, renewable annually. In no event, including renewal options, shall the
contract exceed four (4) years. The County Manager, or his. designee, may, at his discretion,
. extend the Agreement under all of the terms and conditions contained in this Agreement for up to
one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend 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 (5) firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for roadway construction services on an as-needed basis as may be
required by the Owner in accordance with the terms and conditions of RFP #08-5045 - "Annual
Contract for Roadway Contractors" and the Contractor's proposal, which is incorporated by
reference and made an integral part of this Agreement. The execution of this Agreement shall not
be a commitment to the Contractor that any work will be awarded to the Contractor. 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 up to Two
Hundred Thousand Dollars ($200,000) or less, the Owner shall obtain written proposals from at
least three (3) or more of the selected firms, negotiate favorable project terms and conditions, and
issue a numbered Work Order, signed by the Department Director to initiate the projects. These
quotes may be obtained electronically via the On-Line Bidding System. Completion time and the
collection of liquidated damages may be specified in the Quotation and a Performance Bond may
be required, A Certification of Final Completion will be required by the County in order for the
Contractor to receive final payment.
1
16B2
For projects with an estimated cost over Two Hundred Thousand and One Dollars ($200,001) and
less than Five Hundred Thousand Dollars ($500,000), competitive quotes shall be solicited from
at least three (3) of the selected firms. The Contractor shall respond with the information sought
within ten (7) working days. The County will negotiate favorable project terms and conditions, and
issue a numbered Work Order to initiate the projects. A Payment and Performance Bond is
required when projects exceed $200,000. The Contractor shall provide the Payment and
Performance Bond within seven (7) working days after notification of award. The County will
negotiate favorable project terms and conditions. Staff recommendations will then be submitted
to the Board of County Commissioners for approval after County Attorney and Division
Administrator approval.
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.
3. 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 services offered under this contract, provided
sufficient funds are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Quality Enterprises USA, Inc.
3894 Mannix Drive, Suite 216
Naples, FL 34114-5406
Phone: 239-435-7200
Fax: 239-435-7202
Attention: Paul J. Moriarty, Vice President
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasin'g Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-732-0844
2
1682
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.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits, Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) 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 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.
3
16B2
B. Business Auto 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 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 $1 ,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30)
day notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. 'INDEMNIFICATION: To the maximum extent permitted by Florida law, the
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, BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
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
4
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construction or renovation project performed by the Contractor. The bonds shall be furnished
using the forms prescribed in Exhibits "B and B-2".
C, If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business 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.
12. 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. Subsequent to the first payment,
Contractor must provide Owner with a fully executed Release and Affidavit in the form
attached hereto as Exhibit "C" 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 Exhibits "F and G".
13. 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.
14. SUBMITTALS AND SUBSTITUTIONS, Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
15, 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. The "Commencement Date" shall be
established in the written Notice to Proceed to be issued by the Project Manager, as
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hereinafter defined. Contractor shall commence the Work within five (5) calendar days from
the Commencement Date. No Work shall be performed at the Project site prior to the
Commencement Date. Any Work performed by Contractor prior to the Commencement Date
shall be at the sole risk of Contractor. Contractor shall 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.
16. 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
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "E" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree.
17, 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
6
1682
Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Owner in writing.
18. 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.
19. 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.
20. 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.
21. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are
neat, clean, well groomed and courteous.
22. 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.
23. PROTECTION OF WORK.
7
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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.
24. 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.
25. 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 Substantial 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.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which
shall fix the date of Substantial Completion for the entire Work (or designated portion thereof)
and include a tentative punch list of items to be completed or corrected by Contractor before
final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
8
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portions 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, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit G,
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 "C"
(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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
26. 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 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
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1682
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.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Transportation Department.
28. 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, RFP No. 08-8045, any
addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders.
29. .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.
30. 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,
31. SALES TAX. 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.
No markup shall be applied to sales tax.
32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of
this agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
10
16B2
33. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
35.
AGREEMENT TERMS:
otherwise unenforceable,
remain in effect.
If any portion of this Agreement is held to be void, invalid, or
in whole or in part, the remaining portion of this Agreement shall
11
16B2
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,;Btti~~Je~k of Courts
~. ;;.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: .
0.(. .By:
.
-ltl.fJ4i }1; I /If&
First Wi~SS .
By:
Susan J. Schultz
Type/pr~~JWit) Name
~-(sJ"-d-
L.-.----second Witness
Paul J. Moriarty
Typed Signature
Vice President
Title
Louis J. Gaudio
Type/Print Witness Name
Approved as to form and
"7.2;~5,v'~
Ro ert ach
Assistant County Attorney
Item#~
Agenda 5::;: ~-.. -rO
D:lte ~
Dat~ 5' -i td6
Recd
12
16B2
SCHEDULE A
WORK ORDER #
Agreement for
, Dated:
, 2008 (RFP
This Work Order is for professional
services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated , 200
part of this Work Order. In accordance with Terms and
above, Work Order # is assigned to: name of firm.
which is attached hereto and made a
Conditions of the Agreement referenced
Scope of Work: As detailed in the attached proposal and the following:
* Task I
* Task II
* Task III
Schedule of Work: Complete work within ~days from receipt of the Notice to Proceed which is
accompanying this Work Order.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the
Firm in accordance with the following method(s): Negotiated Lump Sum~Lump Sum Plus
Reimbursable Costs Time & Material (established hourly rate - Schedule A) ~Cost Plus
Fixed Fee, as provided in the attached proposal. (Define which method will be used for which
tasks)
Task I $
Task II $
Task III $
TOTAL FEE $
Any change made subsequent to final department approval will be considered an additional service
and charged according to Schedule "A" of the original Contract Agreement.
PREPARED BY:
name and title
Date
APPROVED BY:
Department Director, Department Name
Date
APPROVED BY:
Division Administrator, Division
Date
13
ACCEPTED BY: Company name
Signature of Authorized Company Officer
1682
Date
Type or Print Name and Title
14
1682
EXHIBIT B
PUBLIC PAYMENT BOND
Bond No,
Contract No. 08-5045
KNOW ALL MEN BY THESE PRESENTS: That
as
Principal, and , as Surety, located at _
(Business Address)
are held and firmly bound to as
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 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 -15-
Signed, sealed and delivered
in the presence of:
16B2
PRINCIPAL:
By:
Name:
Witnesses as to Principal
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
200_, by ,as
, a corporation, on behalf
He/she is personally known to me OR has produced
identification and did (did not) take an oath.
of
of
of the corporation.
as
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 .16-
1682
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-17-
16B2
EXHIBIT B-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No.
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a coniracI daied as of ihe
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 -18-
1682
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:
Witnesses as to Principal
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
200_, by , as
, a corporation,
corporation. He/She is personally known to me OR has produced
identification and did (did not) take an oath.
day of
of
on
behalf
of
the
as
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -19-
1682
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 -20-
16B2
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and In consideration of
$ pa~,
("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 iabor, maierials, supplies, lands, licenses and oiher expenses for which Owner mighi
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
of the corporation.
of , a
He/she is personally known to me or has produced
as identification and did (did not) take an
, as
corporation, on behalf
oath.
My Commission Expires:
Page -21.
1682
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page -22-
16B2
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No. 08-5045
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Application Date
FROM:
Payment Application No.
(Contractor's Representative)
(Contractor's Name)
for Work accomplished through the Date:
(Contractor's
Address)
RE:
(Project Name)
Original Contract Time:
Original Contract Amount: $
Revised Contract Time:
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru[insert date] $
and stored to Date $
Retainage @ _0/0 after [insert date] $
Less previous payment (s) $
Percent Work completed to Date: %
AMOUNT DUE THIS
Percent Contract Time completed to Date %
APPLICATION $
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS
APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous
progress payments received from OWNER on account of Work done under the Contract referred to
above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection
with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to
all materials and equipment incorporated in said Work or otherwise listed in or covered by this
Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3)
all amounts have been paid for work which previous payments were issued and received from the
OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as
Page -23-
16B2
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:
DATE:
(Signature)
(Type Name and Title)
Page -24-
EXHIBIT E
CHANGE ORDER
16B2
CHANGE ORDER NO,
NO. 08-5045
CONTRACT
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 () 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:
Page -25-
16B2
By:
DESIGN PROFESSIONAL:
By:
Page -26-
16B2
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No,
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
Page -27-
1682
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,20_
OWNER
By:
Type Name and Title
Page -28-
16B2
EXHIBIT G
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
The following warranty is attached to and made a part of this Certificate:
Page -29-
16B2
EXHIBIT G
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
OWNER
By:
Type Name and Title
Page -30-
16B2
EXHIBIT H
WARRANTY
In consideration of ten dollars, ($10,00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free
of all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page .31-
16B2
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDOfYYYV)
5/9/2008
PRODUCER Phone: 757-456-0577 Fax; 757-456-5296 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Rutherfoord ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
222 Central Park Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 1340 I
Virginia Beach VA 23462
INSURERS AFFORDING COVERAGE iNAIC#
---~---_.~ ----
INSURED i INSURER A: Old R~.QJJbliG g_~_peral Insurance
Quality Enterprises USA Ine ...--
& Quality Environment Co Ine INSURER8:American Int-I.J__';;necialtv Line -------
3894 Mannix Drive, Suite 216 INSURERC:Everest National_Jpsurance Co
Naples FL 34114-5406 INSURER D: - --
INSURER E: ,
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~i'~~~~ TYPE '"'F I -'~-~~L1CY N~~~ER P~}+~1~~~~g,!)~,e I Pgi!fEY ~~lft~$N --- LIMITS ____u
A I 1_9'ENERALLlABILlTY A2CG44000702 7/1/2007 7 /1/2008 ~~ACHOCCURRENCE 1$1 000 000
, I DAMAGEW RENTED! ------
! I COMMERCIAL GENERAL LIABILITY : PREMISES lEa occurencel I $100. 000__ ____
1-!=:1 CLAIMS MADE Ixl OCCUR' I MEDEXP(Acyocepelwc) 'S 5 000
pH~~u .. i ~~:;::~~:~~~;E~~ ~~~=~~~~ ~~~_
~'L AGGRE~E LIMIT APrf'.~I~S PER PRODUCTS - COMP/OP AGG $ LQ9Q_I_QQQ__
: POLICY IX I jr8r IX ! LOC !
, ( / / / / I '
'l9__~U_T.OMOBILELlABILlTY A2CA44000702 FL) 7 1 2007 7 1 2008 I COMBINED SINGLE LIMIT s 1 000 000
X -I ANY AUTO A2CA44010702 (VA) '7/1/2007 ,7/1/2008 ! (EaaCCldent) =1- ' ,
1 ALLOWNEDAUTOS I I
rp~?~~_~_SI~;_)U_RY '___
'_' SCHEDULED AUTOS ,"______
.Li HIRED AUTOS I BODILY INJURY I.
(Peraccldenl)
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A
IX_I NON-OWNED AUTOS
X !COrnpDed. $1,000
X !Coll Ded. q 000
C
GARAGE LIABILITY
F' ANY AUTO
~. EXCESS/UMBRELLA LIABILITY
JLJ OCCUR D CLAIMS MADE
~r DEDUCTIBLE
H RETENTION $
I
I71C6000003071
I
PROPERTY DAMAGE S
i (Per accident) i
~. ~UTO Q.~~X_.-EA,~~~-[)-':~.T_f I $_
: OTHER THAN _EAA~_~_
: AUTO ONLY, AGG, $
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EACH OCCURRENCE
r-;GGREGATE
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, , lIL..Q.o_O ,_0.120....
110LQ.QO,Q.DJL.
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WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
Ifyes,describeLJnder
SPECIAL PROVISIONS below
OTHER
Contractors Pollution
A2CW44000702
7/1/2007
'7/1/2008
,
jWCSTATU- IOTH-'
i-; ,.:rQBY LIMITS I I ER ' _____",...___
~~-:~:~HC1t~~~~~~t~ ~~: ~ ~~-
$1,000,000 per claim
j$2' 000 , 000 aggregate
B
CPL13510B3
7/1/2007
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!7/1/2008
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
~'{E; Contract #08- 5045 "Annual Contrat fo~ Roadway Contractors"
~;llier County, Florida are Additional Insureds under the General Liability policy
l~ns',-1):..ed, as requi:r-ed by written contract., vlaiver of 3ub!:"ogation applies "..lndel' tJ1e
~ompensation policles in favor of the Addltlonal Insu:r-eds.
as respects to work performed by the
Gene:r-al Liability and Worke:r-s
CERTIFICATE HOLDER
Board of County Commissioners of Collier
County, Florida
3301 Tamiami Trail East
Naples FL 34112
CANCELLATION
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 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE } ~
/-f' t
..u,....c6,-
.;;t
"'
~.'\....U-----..
ACORD 25 (2001/08)
@ACORDCORPORATION1988
16B2
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 2S (2001/08)
1682
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARI) OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original docum..:nt. Original documents should be hand delivered 10 the Board Office. The completed routing slip and original
documents are to be fmwardcd to the Board Office only aftl'r the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or inf(lrmation needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Colleen M. Greene, ACA County Attorney GVIl t,; OS/29/08
5. Sue Filson, Executive Manager Board of County Conunissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
informalion. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BCe has acted to approve the
item.)
Name of Primary Staff Rhonda Cummings Phone Number 252-8941
Contact
Agenda Date Item was May 13,2008 Agenda Item Number 16.B.2
Approved by the BCC
Type of Document Annual Contract for Roadway Contractors Number of Original 2
Attached (Contract #08-5045) 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 signed/initialed for legal sufficiency. (All documents to be signed by the
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
executed by all parties except the BCC Chairman and Clerk to the Board and possibly State
Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's Office and
all other arties 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 signature and
initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip should be
provided to Sue Filson in the BCC office within 24 hours of BCe approval. Some documents arc
time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions
are nullified. Be aware of your deadlines!
The document was approved by the BCe on 05/13/08 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 1 executed ori inal to Rhonda Cummin s
Yes
Initial)
CMG
NlA (Not
A licable)
2.
3.
4.
5.
6.
7.
N/A
CMG
CMG
N/A
CMG
CMG
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.0:t04, Revised 126.05, Revised 2.24_05
Hmatter ~ numbem/ ((document~ numhem
MEMORANDUM
Date:
May 30, 2008
To:
Rhonda Cummings, Contract Specialist
Purchasing Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract No,: 08-5045
"Annual Contract for Roadway Contracts"
Contractor: David Barron Land Development, Inc.
Enclosed please find one (1) original contract, as referenced above,
(Agenda Item #16B2), approved by the Board of County Commissioners
on Tuesday, May 13, 2008.
An original is being kept in the Minutes and Records Department as part
of the Board's permanent records,
If you should have any questions, please contact me at 252-8411.
Thank you,
Enclosures (I)
1682
A G R E E MEN T 08-5045
1682
for
Annual Contract for Roadwav Contractors
THIS AGREEMENT is made and entered into this 13 day of May, 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 David Barron Land Development, Inc.
authorized to do business in the State of Florida, whose business address is 4292 Canal Street, Fort
Myers, Florida 33916 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one year (1) year period, commencing on May
13, 2008 and terminating May 12, 2009 or until such time as all outstanding Work Orders issued
prior to the expiration of the Agreement period have been completed. This contract shall have
three one (1) year renewals, renewable annually. In no event, including renewal options, shall the
contract exceed four (4) years. The County Manager, or his designee, may, at his discretion,
extend the Agreement under all of the terms and conditions contained in this Agreement for up to
one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend 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 (5) firms to be pre-
qualified and awarded a Contract to each firm, Each awardee will enter into an Agreement to
provide complete services for roadway construction services on an as-needed basis as may be
required by the Owner in accordance with the terms and conditions of RFP #08-5045 - "Annual
Contract for Roadway Contractors" and the Contractor's proposal, which is incorporated by
reference and made an integral part of this Agreement. The execution of this Agreement shall not
be a commitment to the Contractor that any work will be awarded to the Contractor, 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 up to Two
Hundred Thousand Dollars ($200,000) or less, the Owner shall obtain written proposals from at
least three (3) or more of the selected firms, negotiate favorable project terms and conditions, and
issue a numbered Work Order, signed by the Department Director to initiate the projects. These
quotes may be obtained electronically via the On-Line Bidding System. Completion time and the
collection of liquidated damages may be specified in the Quotation and a Performance Bond may
be required. A Certification of Final Completion will be required by the County in order for the
Contractor to receive final payment.
1
-..'-----. -~._....._"'-~_.~-,~'"_..,.,,'--._-
-- --,.~-_._~,.-........--
1682
For projects with an estimated cost over Two Hundred Thousand and One Dollars ($200,001) and
less than Five Hundred Thousand Dollars ($500,000), competitive quotes shall be solicited from
at least three (3) of the selected firms. The Contractor shall respond with the information sought
within seven (7) working days. The County will negotiate favorable project terms and conditions,
and issue a numbered Work Order to initiate the projects. A Payment and Performance Bond is
required when projects exceed $200,000. The Contractor shall provide the Payment and
Performance Bond within seven (7) working days after notification of award. The County will
negotiate favorable project terms and conditions, Staff recommendations will then be submitted
to the Board of County Commissioners for approval after County Attorney and Division
Administrator approval.
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,
3, 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 services offered under this contract, provided
sufficient funds are included in its budget(s).
4, NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
David Barron Land Development, Inc.
4292 Canal St.
Fort Myers, FL 33916
Phone: 239-425-0260
Fax: 239-425-0261
Attention: Thomas Petrozzi, Vice President
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-732-0844
2
16B2
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.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218,80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County, Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) 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 $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.
3
1682
B. Business Auto 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 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 $1 ,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30)
day notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions,
11. 'INDEMNIFICATION: To the maximum extent permitted by Florida law, the
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. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
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
4
168,2
construction or renovation project performed by the Contractor. The bonds shall be furnished
using the forms prescribed in Exhibits "B and B-2".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business 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.
12. 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. Subsequent to the first payment,
Contractor must provide Owner with a fully executed Release and Affidavit in the form
attached hereto as Exhibit "C" 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 Exhibits "F and G".
13. 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.
14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
15. 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. The "Commencement Date" shall be
established in the written Notice to Proceed to be issued by the Project Manager, as
5
16B2
hereinafter defined. Contractor shall commence the Work within five (5) calendar days from
the Commencement Date. No Work shall be performed at the Project site prior to the
Commencement Date. Any Work performed by Contractor prior to the Commencement Date
shall be at the sole risk of Contractor. Contractor shall 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.
16. 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
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "E" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
executed Change Orders, The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree,
17. 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
6
1682
Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Owner in writing.
18. 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.
19. 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.
20. 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.
21, EMPLOYEES, The Contractor shall employ people to work at the Owner's facilities who are
neat, clean, well groomed and courteous,
22. 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.
23. PROTECTION OF WORK.
7
1682
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.
24. 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.
25, 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 Substantial 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.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, 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
8
'~---_.""'-'-""""'-'~-'
16B2
portions 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, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit G,
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 "C"
(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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
26. 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 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
9
16B2
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.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Transportation Department.
28. 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, RFP No. 08-8045, any
addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders.
29. .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.
30. 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.
31. SALES TAX. 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,
No markup shall be applied to sales tax.
32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U,S.C. 1324, et seq, and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of
this agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
10
16B2
33. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters,
34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
35.
AGREEMENT TERMS:
otherwise unenforceable,
remain in effect.
If any portion of this Agreement is held to be void, invalid, or
in whole or in part, the remaining portion of this Agreement shall
11
1682
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,
David L. Sies
Type/PZi t.W. itne.s. s. N.ame
,/ -~
(/ - .~. -, . './
~.... .( .,
-- ~ . . .,'. I,
Second Witness
David Strickland
Type/Print Witness Name
Approved as to form and
legal sufficiency:
(i@flav. 74/1. ~
~ ~ Robert Zachary v
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COU TY, FLO IDA
By:
.
David Bero~nd Development, Inc.
By: "=- ~~'vf
Signature
Thomas Petrozzi
Typed Signature
Vice President
Title
Item # 1l96~
~;,~~da ?..) I !J/rB
Date cf~kl
Rf)'~
12
1682
SCHEDULE A
WORK ORDER #
Agreement for
, Dated:
, 2008 (RFP
)
This Work Order is for professional
services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated , 200 which is attached hereto and made a
part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced
above, Work Order # is assigned to: name of firm.
Scope of Work: As detailed in the attached proposal and the following:
* Task I
* Task II
* Task III
Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is
accompanying this Work Order.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the
Firm in accordance with the following method(s): Negotiated Lump Sum_Lump Sum Plus
Reimbursable Costs Time & Material (established hourly rate - Schedule A) _Cost Plus
Fixed Fee, as provided in the attached proposal. (Define which method will be used for which
tasks)
Task I $
Task II $
Task III $
TOTAL FEE $
Any change made subsequent to final department approval will be considered an additional service
and charged according to Schedule "A" of the original Contract Agreement.
PREPARED BY:
name and title
Date
APPROVED BY:
Department Director, Department Name
Date
APPROVED BY:
Division Administrator, Division
Date
13
EXHIBIT B
PUBLIC PAYMENT BOND
1682
Bond No.
Contract No. 08-5045
KNOW ALL MEN BY THESE PRESENTS: That
, as
Principal, and , as Surety, located at _
(Business Address)
are held and firmly bound to as
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 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 -15-
r:, ,.c,
i,. t. '.. .:-~
I: if". " '..lJ
dbuL~
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 -17-
EXHIBIT B-2
PUBLIC PERFORMANCE BOND
1682
Bond No.
Contract No.
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
day of
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 -18-
J.682
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:
Witnesses as to Principal
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
200 , by , as
, a corporation,
corporation, He/She is personally known to me OR has produced
identification and did (did not) take an oath.
day of
of
on
behalf
of
the
as
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -19-
COUNTY OF COLLIER )
STATE OF FLORIDA )
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
1682
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
, as
corporation, on behalf
of the corporation.
of ,a
He/she is personally known to me or has produced
as identification and did (did not) take an
oath.
My Commission Expires:
Page -21-
(Signature of Notary)
1682
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No,:
Page -22-
1682
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No, 08-5045
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Application Date
FROM:
Payment Application No.
(Contractor's Representative)
(Contractor's Name)
for Work accomplished through the Date:
(Contractor's
Address)
RE:
(Project Name)
Original Contract Time:
Original Contract Amount: $
Revised Contract Time:
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru[insert date] $
and stored to Date $
Retainage @ _0/0 after [insert date] $
Less previous payment (s) $
Percent Work completed to Date: %
AMOUNT DUE THIS
Percent Contract Time completed to Date %
APPLICATION $
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS
APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous
progress payments received from OWNER on account of Work done under the Contract referred to
above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection
with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to
all materials and equipment incorporated in said Work or otherwise listed in or covered by this
Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3)
all amounts have been paid for work which previous payments were issued and received from the
OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as
Page -23-
_______.__._...._...__..._M.'_
shown on the monthly estimate summary shall, in fact, be added to the revised contract anl~lI~e2
incorporated into a future Change Order:
By CONTRACTOR:
DATE:
(Contractor's Name)
(Signature)
(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:
DATE:
(Signature)
(Type Name and Title)
Page -24-
EXHIBIT E
CHANGE ORDER
-1682
CHANGE ORDER NO,
NO. 08-5045
CONTRACT
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 () 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:
Page -25-
By:
1682
DESIGN PROFESSIONAL:
By:
Page -26-
16E2
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No,
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
Page -27-
1682
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on
,20
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,20_
OWNER
By:
Type Name and Title
Page -28-
16B2
EXHIBIT G
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
The following warranty is attached to and made a part of this Certificate:
Page -29-
1682
EXHIBIT G
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
OWNER
By:
Type Name and Title
Page -30-
1682
EXHIBIT H
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free
of all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -31-
1682
ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDDNVYY)
05/19/08
PRODUCER 1-813-229-8021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
M. E. Wilson Co. , Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
300 W. Platt St, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ste 200
Tampa, FL 33606 INSURERS AFFORDING COVERAGE NAIC#
-
INSURED INSURER A: Amer i sure Mut Ins Co 23396
David Barron Land Development, Inc.
INSURER B:
4292 Canal Street INSURER C
~--_.. -
Fort Myers, FL 33916 ! INSURER D
I INSURER E ~~---_._~~
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED lOTHE 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.
11~$:r..~~'; TVOC, POLICY NUMBER I P..?AL.~~~EFFECTlVE jPOL.ICYEXPIRATION
A GENERAL. LIABILITY GL2052865 04/01/081 04/01/09
~~~MMERCIAL GENERAL LIABILITY
i i CLAIMS MADE 0 OCCUR
~ ISO Form CG0001
~ Contractual Li~bility
_~~'LAGGRE~E,L1MITAP~SPER: !
I POLICY I X I~C€': I ILOC I
iCA2052864
Ai
04/01/08
LIMITS
$1,000,000
$ 300,000
MED EXP (Anyone person) $10,000
, PERSONAL&ADVINJURY $ 1,000,000
I GENERAL AGGREGATE $ 2,000,000
, PRODUCTS-COMP/OP AGG $ 2,000, 000
!.-.. -..-..---- ..--.-.-. --_..~---~._..__.__...__.-
i
! COMBINED SINGLE LIMIT
(Eaaccident)
EACH OCCURRENCE
~~~~~~~9E~~~~~nce\
~TOMOBIL.E LIABILITY
~ ANY AUTO
f-- ALL OWNED AUTOS
L SCHEDULED AUTOS
~x - HIREDAUTOS
I~ NON-OWNED AUTOS
-
04/01/09
1$1,000,000
BODILY INJURY
{Per person)
$
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Peraccidenl)
~RAGE L.IABIL.ITY
--1 ANY AUTO
AUTO ONLY - EAACCIDENT
OTHER THAN
AUTO ONLY:
EAACC
AGG
$
$
$
1$ 6,000,000
! $ 6,000,000
A
~ESSIUMBREL.LA L.IABIL.ITY
~ OCCUR D CLAIMS MADE
I DEDUCTIBLE
:1 RETENTION $
!CU2052866
04/01/08
04/01/09
! EAC!"i OCCURRENCE
AGGREGATE
$
$
$
A WORKERS COMPENSATION AND
EMPL.OYERS'L.IABIL.ITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
~~~~I~~~WO~IS~ONS below
OTHER
WC2052869
04/01/08
04/01/09 X I T"X~ST~:,~~ I IOJ~-
~_EAC_H_~<?_0E~NT $ 500, 000
E.L. DISEASE. EA EMPLOYEE $ 500 . 000
E.L,DISEASE-POUCYLlMIT $500,000
,
I
DESCRIPTION OF OPERATIONS I L.OCATIONS {VEHICL.ES I EXCL.USIONS ADDED BY ENDORSEMENT {SPECIAL PROVISIONS
RE: Contract - #08-5045 "Annual Contract for Roadway Contractors"
Certificate holder is named as Additional Insured (n/a WC) for work performed by Named Insured,
CERTIFICATE HOLDER
CANCELLATION
Collier County Board of County Commissioners
Contract Administration
purchasing Department
3301 E. Tamiami Trail
SHOUL.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL.LED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WIL.L. ENDEAVOR TO MAIL. 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOL.DER NAMED TO THE L.EFT, BUT FAILURE TO DO SO SHAL.L.
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
@ACORDCORPORATION 1988
Naples, FL 34112
USA
ACORD 25 (2001108) PT001
8809605
Certificate Delivery by CertificatesNow - www.ConfirmNet.com-877.669.8600
16B;>
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer{s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
1682
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 dter the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate lor additional signatures, dates, and/or infonnation needed. If the document is already complete with the
excention of the Chainnan's simature, draw a line throu~h wutin!! Jines #1 throUJJh #4, comnlete the checklist, and forward to Sue Filson line #51.
~oute to Addr~.~see(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
PRIMARY CONTACT INFORMATION
(The primary contact is the holder afthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.'
Name of Primary Staff Robert Zachary Phone Number 252-8400
Contact
Agenda Date Item was May 13, 2008 Agenda Item Number 16.B.2
Annroved bv the BCC
Type of Document Annual Contract for Roadway Contractors Number of Original 2
Attached Contractor: APAC Southeast, Inc. 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 Aj:lorney'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 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 Bee's actions are nullified. Be aware of our deadlines!
Tbe document was approved by the BCC on May 13, 2008 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es, if a licable.
RNZ
Yes
(Initial)
RNZ
2.
RNZ
3.
RNZ
4,
5.
RNZ
6.
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
05,COA,Ol2561957
1682
f~
MEMORANDUM
Date: May 28, 2008
To: Robert Zachary, Assistant County Attorney
Office of the County Attorney
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Annual Contract for Roadway Contractors
Contractor: APAC Southeast, Inc.
Enclosed please find one original of the document referenced above,
Agenda Item #16B2, adopted by the Board of County
Commissioners on Tuesday, May 13, 2008.
The Minutes andd Records Department has kept an original as part of
the Board's permanent record,
If you should have any questions, please contact me at 252-8411.
Thank you,
Enclosure
ITEM NO.:
. . t, .,. ..DATE
('!l,.,.c Vl rl*,
.,clUNTY A110rlN"f
ZltlHAY 21 ,.11 2: 44
. 1682
RECEIVED:
FILE NO.:
ROUTED TO:
Date:
May 14, 2008
DO NOT WRITE ABOVE THIS LINE ,I) ,~V \
. 1t.Yv" d.
REQUEST FOR LEGAL SERVICES uM~
wt
)ii) oS
S
To:
Office of the County Attorney
Attention: Robert Zachary
From:
Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re:
Contract: #08-5045 "Annual Contract for Roadway Contractors"
Contractor: APAC Southeast, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on May 13, 2008; Agenda
Item 16.B,2
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.
0~/
V f '6'/0<6
<7-2--
C: Dan Hall, TECM
1682
MEMORANDUM
DATE RECEIVED
MA~ 1 5 2008
RISK MANAGEMENl
TO:
Ray Carter
Risk Management Department
FROM: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department
DATE: May 14, 2008
RE: Review of Insurance for Contract: #08-5045 "Annual Contract for
Roadway Contractors"
Contractor: APAC Southeast, Inc.
This Contract was approved by the BCC on May 13, 2008; Agenda Item
16.B.2
Please review the Insurance Certificates for the above-referenced contract
and forward to the County Attorney's Office for further signature routing.
Thank you. If you have any questions, please contact me at extension 8941.
~
~t?>;t..
A~?lo2>
") I~}, c:lt:.
~
dod/RC
C: Dan Hall, TECM
www,sunbiz,org - Department of State
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E:Yl1.l]lslllllmeHistory Entity Name S
Detail by Entity Name
Foreign Profit Corporation
APAC-SOUTHEAST, INC.
Filing Information
Document Number P25884
FEI Number 581401468
Date Filed 09/01/1989
State GA
Status ACTIVE
Last Event NAME CHANGE AMENDMENT
Event Date Filed 04/03/2003
Event Effective Date NONE
Principal Address
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338 US
Changed 04/18/2008
Mailing Address
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338 US
Changed 04/18/2008
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION FL 33324-2525 US
Name Changed: 09/14/2006
Address Changed: 09/14/2006
OfficerlDirector Detail
Name & Address
TitlePD
MULLENDORE, TIMOTHY G PRESDIR
http://www,sunbiz,org/scripts/cordet.exe?action~D ETFIL&inq_ doc _numbeF P25884&inq_", 5/6/2008
www,sunbiz,org - Department of State
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338 US
Title TAS
CULPEPPER, GLENN A TREAASE
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338 US
Title AS
HICKMAN, GARY P ASEC
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338 US
Title SEAT
DELISLE, ROBERT SECATR
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338 US
Title DIR
BLACK, DOUGLAS DIR
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338 US
Title DIR
RANDOLPH, ROBERT K DIR
900 ASHWOOD PARKWAY, SUITE 700
ATLANTA GA 30338
Annual Reports
Report Year Filed Date
2006 01/03/2006
2007 03/26/2007
2008 04/18/2008
Document Images
04/18/2008" ANNUAL REPORT
03/26/2007 -- ANNUAL REPORT
09/14/2006 -- Reg. Agent Change
01/0312006 =-ANNUAL REPORT
11/30/2005 -- Reg. Agent Change
05/05/2005 -: Beg. Ageot <:;h_ange
01/10/2005 -- ANNUAL REPORT
01/21/2004 -:,ANNUAL REPORT
09/30/2003-- ANNUAL REPORT
08/11/2003:- ANNUAL REPORT
04/03/2003 -- Name Change
Page 2 of 3
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http://www.sunbiz.org/scripts/cordet.exe?action= D ETFI L&in~ doc _ number= P25884&inq..", 5/6/2008
www.sunbiz,org - Department of State
03/05/2003 -- ANNUAL REPORT
03/05/2002 =-ANNUAL REPORT
03/01/2001 -- .ANNUAL REPORT
02/26/2000 =o.ANNUAL REPORT
03/03/1999 -- ANNUAL REPORT
02/16/1998 -- ANNUAL REPORT
02/03/1997 -- ANNUAL REPORT
02/09/1996 =--ANNUAL REPORT
04/18/1995 ,,_ANNUAL REPORT
Page 3 of 3
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.16821
A G R E E MEN T 08-5045
for
Annual Contract for Roadway Contractors
THIS AGREEMENT is made and entered into this 13 day of May, 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 APAC Southeast, Inc., authorized to do
business in the State of Florida, whose business address is 14299 Alico Road, Fort Myers, Florida
33913 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one year (1) year period, commencing on May
13, 2008 and terminating May 12, 2009 or until such time as all outstanding Work Orders issued
prior to the expiration of the Agreement period have been completed. This contract shall have
three one (1) year renewals, renewable annually. In no event, including renewal options, shall the
contract exceed four (4) years. The County Manager, or his designee, may, at his discretion,
extend the Agreement under all of the terms and conditions contained in this Agreement for up to
one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend 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 (5) firms to be pre-
qualified and awarded a Contrqct to each firm. Each awardee will enter into an Agreement to
provide complete services for roadway construction services on an as-needed basis as may be
required by the Owner in accordance with the terms and conditions of RFP #08-5045 - "Annual
Contract for Roadway Contractors" and the Contractor's proposal, which is incorporated by
reference and made an integral part of this Agreement. The execution of this Agreement shall not
be a commitment to the Contractor that any work will be awarded to the Contractor. 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 up to Two
Hundred Thousand Dollars ($200,000) or less, the Owner shall obtain written proposals from at
least three (3) or more of the selected firms, negotiate favorable project terms and conditions, and
issue a numbered Work Order, signed by the Department Director to initiate the projects. These
quotes may be obtained electronically via the On-Line Bidding System. Completion time and the
collection of liquidated damages may be specified in the Quotation and a Performance Bond may
be required. A Certification of Final Completion will be required by the County in order for the
Contractor to receive final payment.
1
1682
For projects with an estimated cost over Two Hundred Thousand and One Dollars ($200,001) and
less than Five Hundred Thousand Dollars ($500,000), competitive quotes shall be solicited from
at least three (3) of the selected firms. The Contractor shall respond with the information sought
within ten (7) working days. The County will negotiate favorable project terms and conditions, and
issue a numbered Work Order to initiate the projects. A Payment and Performance Bond is
required when projects exceed $200,000. The Contractor shall provide the Payment and
Performance Bond within seven (7) working days after notification of award. The County will
negotiate favorable project terms and conditions. Staff recommendations will then be submitted
to the Board of County Commissioners for approval after County Attorney and Division
Administrator approval.
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.
3. 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 services offered under this contract, provided
sufficient funds are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
APAC Southeast, Inc,
14299 Alico Road
Fort Myers, FL 33913
Phone: 239-267-7767
Fax: 239-267-1336
Attention: Wes Tanner, Vice President
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-732-0844
2
2682
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.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County,
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) 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 $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.
3
1682
B. Business Auto 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 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 $1 ,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30)
day notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. 'INDEMNIFICATION: To the maximum extent permitted by Florida law, the
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. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
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
4
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construction or renovation project performed by the Contractor. The bonds shall be furnished
using the forms prescribed in Exhibits "B and B-2".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business 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.
12. 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. Subsequent to the first payment,
Contractor must provide Owner with a fully executed Release and Affidavit in the form
attached hereto as Exhibit "C" 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 Exhibits "F and G".
13. 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.
14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
15. 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. The "Commencement Date" shall be
established in the written Notice to Proceed to be issued by the Project Manager, as
5
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hereinafter defined. Contractor shall commence the Work within five (5) calendar days from
the Commencement Date. No Work shall be performed at the Project site prior to the
Commencement Date. Any Work performed by Contractor prior to the Commencement Date
shall be at the sole risk of Contractor. Contractor shall 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.
16. 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
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "E" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree.
17. 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
6
1682 {
Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Owner in writing.
18, 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.
19. 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.
20. 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.
21. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are
neat, clean, well groomed and courteous.
22. 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.
23, PROTECTION OF WORK.
7
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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.
24. 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.
25. 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 Substantial 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.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, 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
8
1682
portions 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, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit G,
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 "C"
(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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
26. 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 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
9
1682
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.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Transportation Department.
28. 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, RFP No. 08-8045, any
addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders.
29. .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.
30. 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.
31. SALES TAX. 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.
No markup shall be applied to sales tax.
32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of
this agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
10
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33. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
35.
AGREEMENT TERMS:
otherwise unenforceable,
remain in effect.
If any portion of this Agreement is held to be void, invalid, or
in whole or in part, the remaining portion of this Agreement shall
11
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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 . Bro~.~~,I~f~~+,Courts k.
. . ~ ." '. <,,;!.;~ ~., \..
"".' ... ". "
,~ .' .. ", , '
, .
,- ". . .
BOARD OF COUNTY COMMISSIONERS
COLLIER CO NTY, F ORIDA
,,-, ': , ~" \_i
Dated: ~. <95 Q,
^ tte~t~if~~ Gh~'l~) ,
s 19t1.ttUr,(oo II .
a~v;f2j1
First Wi ess
By:
APAC-Southeast, Inc.
By:)(k%?lJ~ _
ignature
Charles F. Potts, Jr.
Type/Print Witness Name
K~~ ~~
Second Witness
Wesley U. Tanner
Typed Signature
Vice President
Title
R. Maxine Carpenter
Type/Print Witness Name
~7~::~
R ert Zach
Assistant County Attorney
Ilem#
I~~~
Agenda ~I. ~ 1_"
Dale ~
~:le ~l58
12
SCHEDULE A
WORK ORDER #
1682
Agreement for
, Dated:
, 2008 (RFP
)
This Work Order is for professional
services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated , 200 which is attached hereto and made a
part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced
above, Work Order # is assigned to: name of firm.
Scope of Work: As detailed in the attached proposal and the following:
* Task I
* Task II
* Task III
Schedule of Work: Complete work within ~days from receipt of the Notice to Proceed which is
accompanying this Work Order.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the
Firm in accordance with the following method(s): Negotiated Lump Sum~Lump Sum Plus
Reimbursable Costs Time & Material (established hourly rate - Schedule A) ~Cost Plus
Fixed Fee, as provided in the attached proposal. (Define which method will be used for which
tasks)
Task I $
Task II $
Task III $
TOTAL FEE $
Any change made subsequent to final department approval will be considered an additional service
and charged according to Schedule "A" of the original Contract Agreement.
PREPARED BY:
name and title
Date
APPROVED BY:
Department Director, Department Name
Date
APPROVED BY:
Division Administrator, Division
Date
13
ACCEPTED BY: Company name
Signature of Authorized Company Officer
Date
Type or Print Name and Title
14
1682
EXHIBIT B
PUBLIC PAYMENT BOND
1682
Bond No,
Contract No. 08-5045
KNOW ALL MEN BY THESE PRESENTS: That
as
Principal, and , as Surety, located at_
(Business Address)
are held and firmly bound to as
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 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 -15.
Signed, sealed and delivered
in the presence of:
PRINCIPAL:
16B2
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
200_, by ,as
, a corporation, on behalf
He/she is personally known to me OR has produced
identification and did (did not) take an oath.
of
of
of the corporation.
as
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 -16-
1682
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 -17-
EXHIBIT B-2
PUBLIC PERFORMANCE BOND
1682
Bond No.
Contract No.
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
'^'HEREAQ pr;n~;nal has nn'nrnrl 'Into a con'ra~' rla'nd as Of thn
Vv '-'1 11I1.....ltJ III ......In............u r IILI .....l U l...... I.....
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 -18-
1682
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:
\^Jitnesses as to Principal
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
200_, by , as
day of
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.19.
ATTEST:
SURETY:
1682
(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 -20-
,..______"_"',,'"""___0_.;_____,___,_,.___._._____...
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
1682
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
$ pa~,
("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 ~harn"'s for labor mater;a's s"nrdios lands l'I~"'ns"'s an~ other eVno.ns"'s fnr u,hi....h nu'n"'r ~'Inht
I ......11 I~'-' , II "I, ""'/'-'f-'Il......, I , ,............. I....... IIU L ^/'-"....dl...... IV Viii II""'"I '-'VII Iv III ~IIL
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
of the corporation.
of ,a
He/she is personally known to me or has produced
as identification and did (did not) take an
, as
corporation, on behalf
oath.
My Commission Expires:
Page -21-
(Signature of Notary)
1682
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page -22-
1682
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No. 08-5045
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Application Date
FROM:
Payment Application No.
(Contractor's Representative)
(Contractor's Name)
for Work accomplished through the Date:
(Contractor's
Address)
RE:
(Project Name)
Original Contract Time:
Original Contract Amount: $
Revised Contract Time:
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru[insert date] $
and stored to Date $
Retainage @ _0/0 after [insert date] $
Less previous payment (s) $
Percent Work completed to Date: %
AMOUNT DUE THIS
Percent Contract Time completed to Date %
APPLICATION $
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS
APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous
progress payments received from OWNER on account of Work done under the Contract referred to
above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection
with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to
all materials and equipment incorporated in said Work or otherwise listed in or covered by this
Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3)
all amounts have been paid for work which previous payments were issued and received from the
OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as
Page -23-
16L2
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:
DATE:
(Contractor's Name)
(Signature)
(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:
DATE:
(Signature)
(Type Name and Title)
Page -24-
1682
EXHIBIT E
CHANGE ORDER
CHANGE ORDER NO.
NO. 08-5045
CONTRACT
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 () 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:
Page -25-
By:
16B2
DESIGN PROFESSIONAL:
By:
Page -26-
1682
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
Page -27-
2682
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,20_
OWNER
By:
Type Name and Title
Page -28-
1682
EXHIBIT G
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
The following warranty is attached to and made a part of this Certificate:
Page -29-
1682
EXHIBIT G
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on_
20
OWNER
By:
Type Name and Title
Page -30-
1682
EXHIBIT H
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free
of all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to F/orida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -31-
16B2 ~
Certificate or Insurance
THIS CERTIFICATE fSSUED AS A MAITER OF fNFORMATfON. ONLY AND CONFERS NO RIGHT UPON YOU THE CERTIFICATE HOLDER. THIS CERrrFtCATE IS NOT AN
INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTEn BELOW.
This Is to Certify that
I
APAC-Southeast, Inc.
14299 Alico Road
Ft. Myers. FL
I
Libertx
Mutual.
33913
NAME AND
ADDRESS
OF INSURED
-.J
L
i.. It the inue date orlhb CCl1ifiCIlc, insured by lbe Company under the poJicy(iu) lilted below. The inJu~nce .fforded by the lilted pollcy(ic.) i. lubjecI to IUlheir temu, exclwionland
Conditionland il nOllltered by In)' requuement,tenn or condition oflny conlrlct or other document with telpeCt to which this ccrtificlte may be iuued.
EXPDATE
TYPE OF POLICY o CONTINUOUS POLICY NUMBER LIMIT OF LIABILITY
o EXTENDED
IiZI POLICY TERM
WORKERS WA7-C6D-004095-027 COVERAGE AfFORDED UNDER we EMPLOYERS LIABILITY
9/1/2006 LAW OF THE FOUOWINQ STATES:
COMPENSATION WC7 -C65-004095-017 ALL STATES EXCLUDING Bodily hiu.r Ah~cc~~
MONOPOLlSTICS STATES AND
NY Bodily InJlIT)' 8)' DIMaIO
OR,WI $1 000 000
Bodily fnJlIT)' By Dlseue
$1 nnn nnn
GENERAL LIABILITY 9/1/2006 TB2-C65-004095-117 IOmenl AIIfllP~ther than Prod1JCII! Completed Operallona
$2 000 000
IiI OCCURRENCE Prod1JCII! Completed OperatiolUl Als~te
000 000
o CLAIM, MADe Bodily Injury Ind Property DimaIO Liability
'nnn Per Occurrence
I RETRO DATE I Penoulll\lury Included"
Per PerlOn I Ora1nlzltlon
O~' r~! ,~~MAGE $100,000; PER
neluded In BVPD L1ebillty
AUTOMOBILE 9/1/2006 AS2-C65-004095-127 Eaeh Accklent-S1nale Limil
LIABILITY $2 000 000 8.1. A.d po. Combi~d
Ii1:l OWNED EaehPmon
Ii1I NON-OWNED Elch Accident or Occumnce
Ii1IHIRED ,
Each Accident or OCClIlT'CftCll
OTHER Auto: Camp Oed $10,OOO/ColI Oed $10,000
EVIDENCE OF COVERAGE
ADDmONAL COMMENTS
Certificate holder is named as additional insured.
. If the certificate expintion date II continuow or extended tml\ you will be notified if coveraJC i. termJnated or reduced before the certificate expiration date.
SPECIAL NOTICE-OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWINO THAT HE IS FACIUTAnNQ A FRAUD AOAINST AN INSURER, SUBM1TS
AN AI'PUCATION OR FILES A CLAIM CONTAININO A FALSE OR DECEPTIVE STATEMENT IS (JUtLTY OF INSURANCE FRAUD.
IMPORTANT NOTICE TO n.ORIDA POLlCYHOLDUS AND CERTlnCA TE HOLDERS: IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMA nON ABOUT
THIS CERTIFICATE FOR ANY REASON, PLEASt:! CONTACT YOUR LOCAL SALES PRODUCER WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE LOWER
RIGHT HAND CORNER 0' THIS C!RTlnCATE. THE APPROPRIATE LOCAL SALES OFFICE MAlLING ADDRESS MAY ALSO Bt:! OBTAINED BY CALLINO THIS NUMBER.
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.)
BEFORE THE STATED EXPIRA.TION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE
INSURANCE AFfORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE
OF SUCH CANCELLATION HAS BEEN MAILED TO:
Liberty Mutual
Insurance Group
'Collier County Board of County I c;;? ;:07~
l:l Commissioners Pittsburgh I 0387
! 12 Federal Street, Sie. 310
. 3301 E. Tamiami Trail Pittsburoh PA 15212-5706 412.231.1331
L Naples, FL 34112 -.1 OFFICE PHONE
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies
Judith Balazentls
AUTHORlZED REPRESENTATIVE
DATE ISSUED
NM772
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1682
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 Ofl1cc. The completed routing slip and original
documents arc to be fOfv.;arded to the Board OtTice 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
exccotion of the Chairman'5 sif!:nature, draw a line throul!h routin!! lines # 1 throue.h #4, comolcte the checklist, and forward to Sue Filson line#5t
Route to Addressee(s) Office Initiais Date
(List in rouling order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the cvent one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Robert Zachary Phone Number 252-8400
Contact
Agenda Date Item was May 13,2008 Agenda Item Number 16.B.2
Approved by the BCC
Type of Document Annual Contract for Roadway Contractors Number of Original 2
Attached Contractor: Better Roads, Inc. 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 ITom
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval ofthe
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time ITame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on May t3, 2008 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
RNZ
N/A (Not
A Iicable)
2.
3.
4.
5.
6.
RNZ
RNZ
RNZ
RNZ
I: Forms/ eounty Forms/ Bee Forms/ Original Documents Routing Slip WWS OriginaJ 9.03.04, Revised 1.26.05, Revised 2.24.05
OS-COA-O 1256/957
MEMORANDUM
Date: May 28, 2008
To: Robert Zachary, Assistant County Attorney
Office of the County Attorney
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Annual Contract for Roadway Contractors
Contractor: Better Roads, Inc.
Enclosed please find one original of the document referenced above,
Agenda Item #1682, adopted by the Board of County
Commissioners on Tuesday, May 13,2008.
The Minutes andd Records Department has kept an original as part of
the Board's permanent record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure
16B~
c:
ITEM NO.:
DATE RECE.~VE{);7 t..B2
. .(jU/~"""~ ~ '.'
I r 4r~~
21111(4 r v~,
C 7 '11 r
c: 46
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
() '-bW r
/JU/tr7
, j2i~~
I .'
,
}Jy5l ~O?
Date:
May 14,2008
To:
Office of the County Attorney
Attention: Robert Zachary
From: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re: Contract: #08-5045 "Annual Contract for Roadway Contractors"
Contractor: Better Roads, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on May 13, 2008; Agenda
Item 16.B.2
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.
~v~fS
0/~
C: Dan Hall, TECM
MEMORANDUM
16 B 2u~
, .~x-<v
....~<, .'~~'t!
V' ~ ..' \ ~~ .,'~
~~~',~~
~, ~~v:>
~~
~\~'l:'
TO:
Ray Carter
Risk Management Department
FROM: Rhonda Cummings, CPPB, Contract Specialist
Purchasing Department
DATE: May14,2008
RE: Review of Insurance for Contract: #08-5045 "Annual Contract for
Roadway Contractors"
Contractor: Better Roads, Inc.
This Contract was approved by the BCC on May 13, 2008; Agenda Item
16.B.2
Please review the Insurance Certificates for the above-referenced contract
and forward to the County Attorney's Office for further signature routing.
Thank you. If you have any questions, please contact me at extension 8941.
~t
~\'1tv :1l.-'J
o~ ~
dod/RC
C: Dan Hall, TECM
1002
A G R E E MEN T 08-5045
for
Annual Contract for Roadwav Contractors
THIS AGREEMENT is made and entered into this 13 day of May, 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 Better Roads, Inc. authorized to do business
in the State of Florida, whose business address is 1910 Seward Avenue, Naples, Florida 34109
(hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one year (1) year period, commencing on May
13, 2008 and terminating May 12, 2009 or until such time as all outstanding Work Orders issued
prior to the expiration of the Agreement period have been completed. This contract shall have
three one (1) year renewals, renewable annually. In no event, including renewal options, shall the
contract exceed four (4) years. The County Manager, or his designee, may, at his discretion,
extend the Agreement under all of the terms and conditions contained in this Agreement for up to
one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend 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 (5) firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for roadway construction services on an as-needed basis as may be
required by the Owner in accordance with the terms and conditions of RFP #08-5045 - "Annual
Contract for Roadway Contractors" and the Contractor's proposal, which is incorporated by
reference and made an integral part of this Agreement. The execution of this Agreement shall not
be a commitment to the Contractor that any work will be awarded to the Contractor. 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 up to Two
Hundred Thousand Dollars ($200,000) or less, the Owner shall obtain written proposals from at
least three (3) or more of the selected firms, negotiate favorable project terms and conditions, and
issue a numbered Work Order, signed by the Department Director to initiate the projects. These
quotes may be obtained electronically via the On-Line Bidding System. Completion time and the
collection of liquidated damages may be specified in the Quotation and a Performance Bond may
be required. A Certification of Final Completion will be required by the County in order for the
Contractor to receive final payment.
1
1682 f
For projects with an estimated cost over Two Hundred Thousand and One Dollars ($200,001) and
less than Five Hundred Thousand Dollars ($500,000), competitive quotes shall be solicited from
at least three (3) of the selected firms. The Contractor shall respond with the information sought
within ten (7) working days. The County will negotiate favorable project terms and conditions, and
issue a numbered Work Order to initiate the projects. A Payment and Performance Bond is
required when projects exceed $200,000. The Contractor shall provide the Payment and
Performance Bond within seven (7) working days after notification of award. The County will
negotiate favorable project terms and conditions. Staff recommendations will then be submitted
to the Board of County Commissioners for approval after County Attorney and Division
Administrator approval.
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.
3. 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 services offered under this contract, provided
sufficient funds are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Better Roads, Inc.
1910 Seward Avenue
Naples, FL 34109
Phone: 239-597-2181
Fax: 239-597-1597
Attention: Joseph M. Restino, Vice President
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-732-0844
2
1682
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.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) 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 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.
3
1682
B. Business Auto 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 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 $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30)
day notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. 'INDEMNIFICATION: To the maximum extent permitted by Florida law, the
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. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
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
4
16B~
construction or renovation project performed by the Contractor. The bonds shall be furnished
using the forms prescribed in Exhibits "B and B-2".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business 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.
12. 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. Subsequent to the first payment,
Contractor must provide Owner with a fully executed Release and Affidavit in the form
attached hereto as Exhibit "C" 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 Exhibits "F and G".
13. 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.
14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
15. 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. The "Commencement Date" shall be
established in the written Notice to Proceed to be issued by the Project Manager, as
5
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hereinafter defined. Contractor shall commence the Work within five (5) calendar days from
the Commencement Date. No Work shall be performed at the Project site prior to the
Commencement Date. Any Work performed by Contractor prior to the Commencement Date
shall be at the sole risk of Contractor. Contractor shall 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.
16. 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
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "E" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree.
17. 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
6
16B2.j
Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Owner in writing.
18. 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.
19. 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.
20. 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.
21. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are
neat, clean, well groomed and courteous.
22. 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.
23. PROTECTION OF WORK.
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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.
24. 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.
25. 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 Substantial 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.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, 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
8
1682
portions 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, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit G,
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 "C"
(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 acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
26. 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 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
9
2682
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.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Transportation Department.
28. 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, RFP No. 08-8045, any
addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders.
29. .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.
30. 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.
31. SALES TAX. 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.
No markup shall be applied to sales tax.
32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of
this agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
10
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33. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
35.
AGREEMENT TERMS:
otherwise unenforceable,
remain in effect.
If any portion of this Agreement is held to be void, invalid, or
in whole or in part, the remaining portion of this Agreement shall
11
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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.
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Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLlER7NTY, FRIDA.
By:
Tom Henning, C
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SCHEDULE A
WORK ORDER #
Agreement for
, Dated:
, 2008 (RFP
This Work Order is for professional
services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated , 200 which is attached hereto and made a
part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced
above, Work Order # is assigned to: name of firm.
Scope of Work: As detailed in the attached proposal and the following:
* Task I
* Task II
* Task III
Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is
accompanying this Work Order.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the
Firm in accordance with the following method(s): Negotiated Lump Sum_Lump Sum Plus
Reimbursable Costs Time & Material (established hourly rate - Schedule A) _Cost Plus
Fixed Fee, as provided in the attached proposal. (Define which method will be used for which
tasks)
Task I $
Task II $
Task III $
TOTAL FEE $
Any change made subsequent to final department approval will be considered an additional service
and charged according to Schedule "A" of the original Contract Agreement.
PREPARED BY:
name and title
Date
APPROVED BY:
Department Director, Department Name
Date
APPROVED BY:
Division Administrator, Division
Date
13
ACCEPTED BY: Company name
Signature of Authorized Company Officer
Date
Type or Print Name and Title
14
1682
EXHIBIT B
PUBLIC PAYMENT BOND
1682
Bond No.
Contract No. 08-5045
KNOW ALL MEN BY THESE PRESENTS: That
, as
Principal, and , as Surety, located at_
(Business Address)
are held and firmly bound to as
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 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 -15-
Signed, sealed and delivered
in the presence of:
PRINCIPAL:
J6B2
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
200_, by ,as
, a corporation, on behalf
He/she is personally known to me OR has produced
identification and did (did not) take an oath.
of
of
of the corporation.
as
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-16-
16Bc
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 -17-
1682
EXHIBIT B-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No.
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
day of
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 -18-
This instrument shall be construed in all respects as a common law bond. It is exhe~lfi 2
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:
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
200_, by , as
, a corporation,
corporation. He/She is personally known to me OR has produced
identification and did (did not) take an oath.
day of
of
on
behalf
of
the
as
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page -19-
.1.682
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 -20-
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
1682
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
cl ,a
He/she is personally known to me or has produced
as identification and did (did not) take an
, as
corporation, on behalf
of the corporation.
oath.
My Commission Expires:
Page-21-
(Signature of Notary)
1682
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page -22-
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
16B2
(County Project Manager) Bid No. 08-5045
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Application Date
FROM:
Payment Application No.
(Contractor's Representative)
(Contractor's Name)
for Work accomplished through the Date:
(Contractor's
Address)
RE:
(Project Name)
Original Contract Time:
Original Contract Amount: $
Revised Contract Time:
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru[insert date] $
and stored to Date $
Retainage @ _% after [insert date] $
Less previous payment (s) $
Percent Work completed to Date: %
AMOUNT DUE THIS
Percent Contract Time completed to Date %
APPLICATION $
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS
APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous
progress payments received from OWNER on account of Work done under the Contract referred to
above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection
with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to
all materials and equipment incorporated in said Work or otherwise listed in or covered by this
Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3)
all amounts have been paid for work which previous payments were issued and received from the
OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as
Page -23-
J r '..2
,00
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:
DATE:
(Contractor's Name)
(Signature)
(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:
DATE:
(Signature)
(Type Name and Title)
Page -24-
EXHIBIT E
CHANGE ORDER
,..
.:6B2~
CHANGE ORDER NO.
NO. 08-5045
CONTRACT
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 () 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:
Page -25-
,
- --
.
By:
]6B2
DESIGN PROFESSIONAL:
By:
Page -26-
16B2
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
Page -27-
16Bc
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on
,20_.
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,20_
OWNER
By:
Type Name and Title
Page -28-
16B2
EXHIBIT G
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
The following warranty is attached to and made a part of this Certificate:
Page -29-
16B2
EXHIBIT G
Executed by Design Professional on
,20_.
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
OWNER
By:
Type Name and Title
Page -30-
16B2
EXHIBIT H
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free
of all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -31-
MARS H
CERTIFICATE OF IJIlSURANCE
16B2
CERTIFICATE NUMBER
PRODUCER
Marsh
3031 N Rocky Point Drive. Suite 700
Tampa. FL 33607
ATL-001380476-01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORD EO BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
101266---07-08
I -
INSURED
COMPANY
A CONTINENTAL CASUALTY COMPANY
--
COMPANY
B PENNSYLVANIA MANUFACTURERS ASSOC INS CO.
BETTER ROADS, INC
1910 SEWARD AVENUE
NAPLES, FL 34109
-
COMPANY
C
COMPANY
o
_nm___
COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 2
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED
NOT'MTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE
LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TYPE OF INSURA~:-E- ! - ----P-O::~_:-:~:~------~ pg;ii~~~~~g~~;~)~F~i~:(~~~~~~N I
OTHER THAN AUTO ONLY
____J;6Q:1_~.QQQgJ'.!I $
AGGREGATE $
EACH__C2I:;~_~F35'_~!___ ___-.!___ 5,000,000
I AGGREGATE $ 5,000,000
1---------------- ------..-------.----
, RETAINED LIMIT $ 10.000
X To~{L~Ns I I vER-
EL EACH ACCIDENT
CO
LTR
UMITS
A GENERAL LIABiLITY
GL 2057352432
05115/07
106/01/08
l GENERAL AGGREGATE $
I PRODUCTS _ COMP/OP AGG $
,.....---------..-..----...... .
I F'ERSONAL & ADI{__I~~_~~'!:..._~-
EACH OCCURRENCE $
-- -----------.-.-
X COMMERCIAL GENERAL LIABILITY
r-~,:~'-,] _I CLAIMS MADE [~__! OCCUR
OVVNER'S & CONTRACTOR'S PROT
-----,
X SIR' !1:?!';n nnn
1--
FI~_~ ~_~AGE (~y on~ $
MED EXP rA" cc'",'"", : $
,
i 05/15/07
COMBINED SINGLE LIMIT I $
: 06/01/08
A AUTOMOBILE LIABILITY
U<] ANY AUTO
, ALL OVVNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OVVNED AUTOS
X-SIR $250.000
L- ______
BUA2057353421
,
BODILY INJURY
(Per person)
---1----
: $
BODILY INJURY
(Per accident)
-------------+----
PROPERTY DAMAGE $
I
I
,
,
I
i
GARAGE LIABILITY
__~~'T()gNL Y - EA A~~IQ_~~:r _ ---.L_
H ANY AU~O
A EXCESS LIABILITY
f-m
i X _, UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS'LIABIUTY
L 2084709476
05/15/07
06/01/08
200775-03-49-24-1
B
05/15/07
05/31/08
$
EL DISEASE-POLICY LIMIT $
;-~~SEA;~~A~~E~-PLOYEE$
THE PROPRIETORI :,,_.X].. INCL
PARTNERS/EXECUTIVE .
OFFICERS ARE I i EXCL
A I uTHER AUTO PHYSICAL BUA2057350941
DAMAGE
05/15/07
06/01/08
COMP DEDUCTIBLE
COLLISION DEOUCTIBLE
2,000,000
2,000.000
----
750.000
---
750,000
500.000
5,000
1.750.000
i $
_m
1.000,000
1.000,000
1,000,000
o.uuu
5.000
i
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS
Collier County BaCC is an additional insured for Auto and General Liability only if required by contract with respect to project: Contract - #08-5045 Annual
Contract for Roadway Builders.
CERTIFICATE HOLOER
CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURE.R AfFORDING COVERAGE VV1LL ENDEAVOR TO MAIL --3.Q DAYS WRITTEN NOTICE TO THE
Collier County Board of
County Commissioners
3301 E. Tamiami Trail
Naples, FL 34112
CERTIFICATE HOLDER NAMED HEREIN, BUT FAilURE TO MAil SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE INSURER AFFOROING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE
ISSUEROFTHISCElnlFICATE
AUTHORIZED REPRESENTATIVE
Mush USA Ine.
BY: Nathan R. Collins
~I!... c..~
MM1(3/02)
VALID AS OF:05/12/08
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OmCE 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 exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the
checklist, and forward to Sue Filson (line #5).
16a4
Route to Addressee(s) Office Initials Date
(List in routins!: order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of COurt'S Office
/
PRIMARY CONTACT INFORMATION
(The primaJy 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 Fil on, need to contact staff for additional or missing
infonnation. All original documents needing the Bce Chai 's' to' Ice only after the BCe has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
~ L\Ao~C"'-- ~ 0\,,,,,\
Phone Number
~S'a- 6~~\
\~ B-l..\
0\
Agenda Item Number
Number of Original
Documents Attached
f, ~ b -, INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
J. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final neooti.ted contract date whichever is a Iicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
sil!Ilarure 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 your deadlines!
Yes
(Initial)
~orrns/ County Fomlsl Bee FonnsJ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05
/
~-"-'--'~------"'.'-""-------""'-
~6B4
ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT
BOARD OF SUPERVISORS MEETING
FEBRUARY 12,2008
A meeting of the Board of Supervisors of the Artesia Naples Community Development
District was held on Tuesday, February 12,2008 at 1:00 p.m. at the offices of Goodlette,
Coleman and Johnson, 4001 Tamiami Trail North, Suite 300, Naples, Florida, 34103.
PRESENT:
Matt Hermanson. WCI
Paul Erhardt, WCI
Jeff East
Butch Stewart
Bob Butch
Dave Caldwell, WCI
Neil Dorrill, DotTill Management Group
Greg Urbancic
Nathan Phillips, CPA
ROLL CALL
The Board members as indicated above were in attendance at the meeting, and Mr.
DotTilI noted that a quorum was present. The meeting was advertised in accordance with
the normal requirements, and a copy of the affidavit and notice is on file at the District
offices at 5672 Strand Court.
APPROVAL OF AGENDA
The Agenda was unanimously approved on a MOTION by Matt Hermanson and a
second by *****.
APPROVAL OF MINUTES OF OCTOBER 9, 2007 BOARD MEETING
With the addition of Dave Schmidt from Grady Minor Engineering as being present,
The minutes were unanimously approved on a MOTION by Paul Erhardt and a
second by Butch Stewart.
MANAGERS REPORT
A. Review Collier Countv Landscape Maintenance Agreement
Mr. DotTill discussed the agreement, which was included in the Board's agenda package.
This item relates to the agreement between the Board of County Commissioners and the
District, for doing certain work within the right-of-way on Barefoot Williams Road. Mr.
Caldwell from WCI indicated that the company had certain obligations to upgrade and
1684
Artesia Naples CDD - Minutes
February 12, 2008
Page 2
improve Tower Road and Barefoot Williams Road, and the final thing to do is the
landscaping, which requires an agreement with the County for maintenance, as they look
to the developer to provide the entity to do that, and he feels the District is far better
equipped for this. The agreement has been presented to the County, and will be
presented to the Board of County Commissioners soon. The developer will be pulling the
right-of:way permit. and it will be in the name of the District. The budget is small for
this item, at approximately $28,000. This item will be considered for the 2009 budget.
Mr. Dorrill noted that one of the strengths ofCDDs is that they can compel people to pay
their annual maintenance assessments because they are on the tax role. Usually by the
summer months, 100 percent of the revenue has been received.
For clarification, the improvements in the median will be financed at a later time.
On a MOTION by Matt Hermanson and a second by *********, the chairman was
unanimously authorized to execute on behalf of the District the landscape
maintenance agreement with Collier County.
B. Review Notice per 190.009 F.S
This item has been reviewed by District counsel, and is a disclosure that is required by
state law to advise buyers of the parameters of the responsibilities of the District and how
it operates. It will be of record. and includes the District financing as well, and it is
required to be updated on a regular basis. The developer will receive copies of this
notice, and they should be included in the documents that go to a buyer. On a MOTION
By Paul Erhardt and a second by Matt Hermanson, the final document was
approved, and District counsel was unanimously authorized to enter the document
into the public records as it relates to Artesia.
ATTORNEY'S REPORT
Mr. Urbancic noted that there was an opinion that came down from the Attorney General
that surplus funds cannot be used for holiday events, nor can interest on those funds be
used for that purpose. Under Chapter 190.012, if the District owns a recreational facility
there are special powers that can be obtained, and this opinion did not address that.
However, in the general context, the funds cannot be used.
FINANCIAL STATEMENTS
The audit for 2007 was presented, and the Board had previously received a copy of the
draft audit. Mr. Phillips with Wentzel, Berry briefly went through the audit for the
Board, which was prepared pursuant to Chapter 190 of the Florida Statutes. An accrual
basis statement was included, as well as a fund statement, with a reconciliation of the
two. At this point there is very little to reconcile, but in the future this will be done.
Budget versus actual was shown, and the compliance report and management Ictter were
l684
Artesia Naples CDD - Minutes
February 12, 2008
Page 3
included. The statement of net assets was noted, and there were no issues of concern to
report to the auditor general. On a MOTION by Paul Erhardt and a second by Matt
Hermanson, the audit was unanimously accepted as presented today, and it will be
transmitted to Tallahassee by the CPA.
The December financials were then presented by Mr. Dorrill to the Board, as well as the
statements for October and November. On a MOTION by Bob ***** and a second by
Butch Stewart, these three financials were unanimously accepted.
SUPERVISORS REQUESTS
There were no items presented by the Board.
ADJOURNMENT
With the agreement that the next meeting would be held on Tuesday, AprilS at 1:00
p.m., the meeting was adjourned on a MOTION, a second and unanimous approval,
at 1:35 p.m.
LANDSCAPE MAINTENANCE AGREEMENT
This Landscape Maintenance Agreement is entered into this 28th dav of January. 2008,
by and between Collier County, Florida, a political subdivision of the State of Florida whose
mailing address is 3301 Tamiami Trail East, Naples, FL 341 12 (hereinafter referred to as the
"County"), and Artesia Naples Communitv Development District whose mailing address is C/O
Dorrill Management GrouP. 5672 Strand Court. Suite I. Naples. FL 34 I 10 (hereinafter referred
to as the "District").
RECITALS:
WHEREAS, County is the owner of that certain right-of-way located in Collier County,
Florida and known as Barefoot Williams and Tower Roads (hereinafter referred to as "Road");
and
WHEREAS, Section N-B-12 of the Construction Standards Handbook for Work Within
The Public Rights-Of-Way, Collier County, Florida (2003) provides as follows:
Permitting
The responsible property owner or his authorized agent must apply for a "Permit
to Peiform Work and/or Maintenance in Public Rights-of-way".
Landscaping Permit within the public rights-of-way: A private owner, Developer
or civic or homeowners' association desiring to landscape within a public right-
of-way shall submit a landscape and irrigation construction documents prepared
by a licensed landscape architect for County review. The Permit application shall
include three (3) sets of detailed plans indicating the existing right-or-way
facilities and the type and location of the proposed plantings, location of
electrical and irrigation systems(s). After acceptance of the landscape and
irrigation plans, a landscape agreement shall be prepared by the contracting
parties and approved by the County attorney's office. (See Appendix for example)
The purpose of the landscape agreement is to ensure that the Permittee, or his
successors or assign, shall be responsible to maintain such material and
irrigation system until removed or unless otherwise specified; and
WHEREAS, in keeping with the above, the District has applied for a Landscaping Permit
within the Public Rights-of-Way, and has submitted landscape and irrigation construction
documents prepared by a licensed landscape architect for County review. A copy of this Permit
and the plans are attached hereto as Schedule "A". The District shall follow the Collier County
Maintenance specifications attached as Schedule "B".
NOW, THEREFORE, in consideration ofthe covenants contained herein, the parties agree as
follows:
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I. Subject to the issuance of all necessary Permits, County hereby grants to the District
the right to use those portions of the Road depicted in Schedule "A", for the sole purpose set
forth in Schedule "A". The Permits address, among other things, the timing of the work,
maintenance of traffic flow during construction, and the permissible lane closures during the time
that work is to be performed.
2. The District agrees to construct and maintain the improvements set forth in Schedule
"A" (hereinafter referred to as "Improvements") at its sole cost and expense, until such time as
the County executes a release from indemnification as discussed below.
3. Should the District fail to construct or maintain the Improvements in accordance with
Schedule "A" or law, the County may provide notice to the District in writing, specifying the
nature of the deficiency. Within five working days following receipt of such notice, the District
at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to,
or failure to maintain the Improvements results in a situation where public safety is at risk, (I)
the District shall effect repairs within twenty-four hours of receipt of the County's written notice,
or (2) the County may, at its option, effect repairs to the Improvements, without the need for
prior notice to the District, and will promptly bill the District for all actual costs incurred in
effecting the repairs. The District shall reimburse the County for such costs within thirty days of
receipt of the County's bill.
4. The District, as Indemnitor hereunder, shall indemnify and save harmless the County,
as Indemnitee hereunder, including all employees of the County, from any loss or damages
Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties,
interest, expenses, costs, or judgments, including attorneys' fees and costs oflitigation, against
the County arising out of the District's use of the Road for the purposes set forth in this
Agreement, including the construction and removal ofthe Improvements. The Indemnities shall
not undertake to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's
obligation hereunder without the prior consent oflndemnitor, such consent to not be
unreasonably withheld. Nothing herein shall constitute or be construed as a waiver of the
District's or the County's limitations or liability contained in Section 768.28, F.S. or other
statutes or law.
5. The indemnity provided for by this Agreement will extend from the date of this
Agreement until such time as the parties hereto acknowledge in writing that the District has
ceased to use the Road for the purposes stated within this Agreement and the Road has been
restored as set forth below, at which time. following receipt of the District's written request, the
County will execute a release from indemnification in favor of the District.
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6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the
County in connection with this Agreement, within thirty days of the date that County is aware of
such claim.
7. Unless terminated as set forth below, this Agreement shall remain in full force and
effect in perpetuity from the date first set forth above, and shall be binding upon the parties and
all their successors in interest. The Agreement may be freely terminated as of right by either
party, with or without cause, upon written notice to the other. If the District exercises this right,
or if the County exercises this right based upon the District's substantial breach of this
Agreement, then upon written demand by County, the District, at its sole cost and expense, shall
remove the Improvements and will restore the Road to the condition that existed immediately
prior to the effective date of this Agreement. If the County exercises this right, or if the District
exercises this right based upon the County's substantial breach of this Agreement, then the
County will be responsible for any removal of the Improvements orrestoration of the Road.
Except for the above, neither party will be liable to the other for any damages or claims resulting
from the termination of this Agreement.
8. In the event either party hereto shall institute legal proceedings in connection with,
or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its
costs of suit, including reasonable attorney's fees. at both trial and appellate levels.
9. This Agreement may be recorded by the County in the Official Records of Collier
County, Florida. The District shall pay all costs of recording this Agreement prior to the
execution of this Agreement. A copy of the Recorded Agreement will be provided to the
District.
10. This Agreement is the entire agreement between the parties, and supercedes all
previous oral and written representations, agreements and understandings between the parties.
This Agreement shall be governed by the laws of the State of Florida, and may not be altered or
amended in any way, save by written agreement signed by both parties.
11. The rights and obligations of this Agreement shall bind and benefit any successors
or assigns of the parties.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FOR SPECIAL CONDITIONS, IF ANY
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In Witness Whereof, the parties have caused these presents to be executed on the day and
date first above written.
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WITNEiSES?
BOARD OF COUNTY COMMISSIONERS
COLL1UNTY, F ORIDA,
Tom Henning, Chairman
71~lJ -
Prinred N~ J. ",,"""'5oJ
-i!!!!i-ame: 206ea.T .v. MI>UNt.
ARTESIA NAPLES COMMUNITY
DEVELOPMENT DISTRICT
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By:
Printed Name: ?>'"V1-
Title: Chairman
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STATE OF FLORIDA
COUNTY OF COLLIER
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Signed and acknowledged f} this ,~ day of t( tr) , 2008, before me, the
undersigned notary public, by,,;. \iJ. ~{ ht,,-eM , Chairman of
Artesia Naples Community Development District, a Florida corporati9J1 not-for-profit, on behalf
of the corporation. He is personally known to me or ji(] produced I LJ)l
as identification.
~(~S;~W'~JY1)
Printed Name: NOTARY PUBUC-STPJ'E OF FLORIDA
_Karen C. Stevenson
My Commission Expires: 10. ( If. <';lODe. Commission # DD467739
-\ Expires: OCT. 14,_ 2009
d d Thru Atlantic Bondm~ Co.. Ine.
Ron e
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Scott Teach
Assistant County Attorney
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SCHEDULE "A"
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Right-of-Way Application
TRANSPORTATION SERVICES DIVISION
ROW PERMITTING & INSPECTION
2885 SOUTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104
Telephone Number: 252-5767 Inspection Telephone Number 252-2417 http://www.colliergov.nelltransadminltransoperations/rowlindex.htm
OCALL OMAll
FILL IN ALL APPLICABLE INFORMATION~~ RIGHT-Of-WAY PERMIT #
PSP# SDP/AR#- . Jj_ _ BUilDING PERMIT #
PROJECT NAME AACbC) iDN- ~,,f)~~FDOf WII.LI~M. RQ L.NJ()S~ Ef4ffAHC&Ml5NT
Cheek Right-of.Way Type
IJESIDENTIAL
Driveway
o Renewal/Modification (Unexpired Permit)
o Jack-and-Bore/Directional Bore
o Sprinkler Head
o Open-Cut
o Miscellaneous Events
Other
COMMERCIAL
Construction (Driveway)
RenewallModification (Unexpired Permit)
.8 Jsck-and-Bore/Directional Bore
o Sprinkler Head
o Turn-lane/Median
o Open-Cut
. Work in the ROW without Lane Closures
CJ Work in the ROW with lane Closures
PSC Re ulated Franchise Utilit
I COMMERCIAL ONLY:
I PI ubmit 2 5 Is of 5i ned nd s al
PLEASE PRINT
Today's Date lltl~!Plb
Make checks able to: Board of Count Commissioners
Approval is hereby requested by (OWner Name)
For the purpose of c
At/on (project street Address)
Lot No. Block
. Subdivision
I Folio No.
Property
Owner's
Info.
SMALL DEVELOPMENT
$1,000..1$2,000.
~ $1.000
$1 0000 $2,000
$400
$1,500 $3,000
$4,000 $6.000
$50./$100... $100./$200...
See Exhibit "AD r. -JUN.-NOV
$100 + $50 Pt:!r_Q~j'J~ctio"-~f:!.. ... -DEC oM;' ~ __ ..r-.,..... t1f)
FEE PAID ~~.---
Est. Number of Days In ROW (H applicable) ______
Total Amount
Paid
Recei
FEES
$200
$100
$500
$50
$2,000
$200
APPLICATION CHECKUS'fl
o Copy of house survey with
A sketch for the request
o Application fee
o Details for request
(location, size, etc.)
LARGE DEV
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Portion of Tract N E S W
Twp. 51 SDOtH - Rge. '2~ ~~~f E.
Contractor/
Name
Contact Name
Mailing Add.
City/State/Zip
Telephone
WC/ (OMlyH)rJlT/ ts.,/dc.
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Contact Name
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Telephone
CO\...UEJ ~D()...ny
Agent
~~~,~~!nfo"".tion
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Notes:
1 Work shall be performed In accordance with approved plan,
Conditions of Permit appearing on rever'Je side, stipulations
specified as part of this permit and in accordance With Collier
County Ordinance _03.37 and the "Public Right-of-Way
Construction Standards Handbook," lateat ed.tion
2 Applicant declares that prior to filing this application he has
ascertained the location of all existing utilibes, both aerial and
underground. Any changes to any utility shall be the responsibility
of the PermIttee for all cost.
3 ThiS permit it contingent upon Pennltlee obtalOing necessary
rights of entry for construction and maintenance where required
right-of-way for public use has not been dedicated and accepted by
Collier County
4. If the application IS made by any peraon or firm other than the owner
of the property involved, a written consent from the property owner
shall be required prior to processing of the application.
5. Transportation Services DiviSion approval does not exempt the
permittee from gaining approval from any State. Fe<leral or Local
Agencies haVing Jurisdiction over the proposed work.
6. I have read the Collier County Right-of-Way Permit Notes and
Conditions and agree to conduct all work in accordance with the
County Ordinance #03-37, as amended and all applicable all
County and State. codes. and laws. as amended. Under penalties of
perJury. I declara that I have read the forgoing permit application
an f s. sta in 't ar true
See back for Conditions
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SCHEDULE "B"
16a4
RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFICATIONS
These specifications are intended to provide the information by which private entities may understand the minimum
requirements of Collier County relative to maintaining County rights of ways. Records of all specification requirements shall
be kept and made available to the County's representative upon request.
A. MOWING AND EDGING: Mowing and edging shall include medians as well as those areas, ifexisting, along the
outside edge of the sidewalks of adjacent properties. All turfshall be mowed with mulching type mower equipment
to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged clippings shall
be collected and removed at no additional cost. Grass shall be cut at a height of three and one half inches (3 Yo").
The frequency of cutting shall be a minimum of32 times per year or the turf nor to exceed 5 ~"in height."
Mechanical edging ofthe turf shall be done with each mowing along all sidewalk edges, back of concrete curbs,
around all planting beds, utility service boxes. street light bases, sign posts, headwalls, guardrails, timer pedestals,
posts, and trees. Metal blade edging is not permitted along back of curbing. Grass root runners extending into the
mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas
around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on
streets. sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging.
All sidewalks, curbing and/or gutters shall be cleaned after each service. All sidewalks shall be blown clean, but no
clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on
right-of-way areas.
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B.
WEEDING: Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail bases, and curb joints as well
as other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide a
weed free and well maintained area.
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GENERAL SITE PRUNING: General site pruning shall be defined as the pruning of any plant's foliage below
ten-foot (10') foot.
All groundcovers, shrubs, canopy trees and palms up to ten foot (10') level, shall be inspected and pruned on a
weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement
purposes and desired shape or form as determined by County's representative. Pruning shall also include removal of
water sprouts, suckers and any dead or diseased foliage or branches.
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During the first week of October and April, ornamental grasses, such as Fountain grass, Florida Gamma or
Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12") or twenty-four (24") height based upon
the type of plant. Ornamental type grasses such as Liriope muscari 'Evergreen Giant', shall only be pruned at the
direction and approval of the County's representative.
Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimum height of one hundred
twenty inches (120"). Shrubs and groundcovers adjacentto pathways or sidewalks shall be pruned to maintain one
foot (1') of clearance ftom the edge of the pathway. IT is recommended that adjacent shrubs and ground covers be
maintained so that they angle or are rounded away from the pathway.
D. TRASH REMOVAL: With each service, all sites shall be cleaned by removing all trash or debris to include, but
not limited to; paper, bottles, cans, other trash. and horticultural debris. All debris or trash pick-ups shall be
performed "prior" to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or
disposal site.
E. STREET CLEANING/SWEEPING: Street Cleaning: A four foot (4') wide area measured from the face ofthe
curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris or
objectionable growth so to maintain a neat and safe condition.
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F.
TRAFFIC CONTROL: The developer shall comply with the requirements of Collier County Maintenalle tJI.. '8 ii,
Traffic (MOT) Policy. copies of which are available through Risk Management or the Purchasing Departmeal.1U l, "It
Developer shall obtain and review the County MOT policy requirements prior to submitting a bid.
The Developer will be responsible for obtaining copies of all required manuals. MUTCD, FDOT Roadway & Traffic
Design Standard Indexes, or other related documents, so to become familiar with the requirements. Strict adherence
to the requirements of the MOT policy will be enforced under this Contract.
To assist in employee visibility; approve bright day glow red/orange colored safety vests shall be worn by employees
when servicing the area.
G. CANOPY TREE AND PALM PRUNING: For this site, canopy trees shall be defined as any large shrub, tree, or
palm with foliage above a ten-foot (10') level.
All canopy trees and palms shall be pruned on a continuous basis to create and maintain a seventeen-fool (17')
canopy clearance over the roadways and a ten-foot (I 0') canopy clearance over all pathways. Canopy trees shall be
selectively pruned twice per year in April and September so to thin the interior canopy of cross branching and to
shape the canopy ofthe trees. The County's representative shall approve a professional licensed to prune tress under
the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional shall do the
pruning and sharpening. The work shall be performed per ANSI AS300 "Standard Practices for Trees, Shrubs, and
other Woody Plant Maintenance" and done in a professional manner in accordance with "Pruning Standards" of the
national Arborist Association or accepted local trade standards and practices.
Palms shall be pruned annually during June of each year. The palms shall be pruned to a "Tropical Cut" orto anine
(9) o'clock- three (3) o'clock angle from the horizontal at the base of the palm's bud or lowest fronds.
Approximately seven (7) to (10) ten green fronds shall be left at the head after pruning. The pruning shall include
removal of all nuts, seed stalks, brown or dead and lower fronds.
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The work shall be done in a professional manner in accordance with acceptable trade standards and practices. The
palms shall not be climbed with tree spikes to remove the fronds. The pruning shall be accomplished by the use ofa
ladder. boom truck or lift. All debris from the pruning shall be removed and the site shall be left on a clean and neat
manner.
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When the annual or bi-annual heavy pruning work is being performed with the use of a lift or boom truck. it is
required that the adjacent traffic anum lane to the work area, be closed using traffic control devices and signage per
the current FDOT traffic control standards and indexes.
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H. FERTILIZATION: Granular fertilization of shrubs and groundcovers sball be applied by hand in a twelve-inch
(12") wide radius ring around the base of the plants. Granular fertilization ofthe trees and palms shall be determined
by the caliper (diameter) ofthe trunk and broadcast by hand in a band around the plant's base from a distance of 12"
to the drip line of the palm, whenever possible.
An 8 oz. cup equals one (I) pound. Trees and palms shall receive one (I) cup per one-inch (I") caliper. Shrubs and
groundcovers shall receive one (I) cup per three foot (3') of height or spread. Shrubs and groundcovers shall receive
one-half (1/2) cup per eighteen inches (18") of height or spread. All fertilizer shall be swept off all sidewalks,
concrete curbing and paving.
The fertilizer shall be applied as set forth in the following schedule.
Turf Areas and Plant beds containing Shrubs, Groundcovers, and Trees.
The (13-3-13) fertilizer shall be applied at a rate often (10) pounds per one thousand (1000) sq ft. for all areas. Four
applications of (13-3-13) fertilizer will be applied yearly during the months of February, May, July, and October.
Palms: Developer shall apply approved by County's representative palm fertilizer during February, May, July, and
October as specified below.
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Should yellowing occur on the top ofthe fronds, manganese sulfate will be required and if on the lower fronds, Sul-
Po-Mag or equivalent will be required to be applied with the palm fertilizer at the rates specified.
I. MULCHING: Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide fora
four inch (4") non-compacted or unsettled depth measured from the existing soil grade. The area to receive the
mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement
of the mulch. Two inches must be applied to replenish this mulch twice a year, November and during May.
1. LANE CLOSURE: Lane closure for median maintenance shall be limited. Upon proper placement of the lane
closed signs, pre-warning signs, arrow boards, traffic cones fOfm the existing soil grade.
K. IRRIGA nON SYSTEMS: The irrigation systems shall be checked and repaired as necessary. Each zone shall be
manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operations of
the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure proper
operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or
replacement of risers, repair of minor pye piping breaks or subsurface piping or restricted sprinkler lines,
replacement of damaged valve boxes/lids and adjustment of controller and rain shut off switches for settings and
operations. Where required, the Developer shall maintain on site reclaimed water irrigation signage.
SUBSURFACE IRRIGA nON SYSTEMS:
No excavation or mechanical metal edging around plant beds shall be done within the Right-of-way. Mechanical
metal blade edging is permitted along the back of curbing.
Weekly Service Requirements:
I. A visual inspection of the subsurface irrigation systems shall be performed weekly to determine if the
systems are functioning normally and if cuts, leaks, piping damage, flooded areas exist, and repair as
necessary. This shall also include review and re-setting of the controller and in-ground moisture sensor
adjustments or other rain sensing devices as needed.
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System Computer/Controller
a. Operate, adjust, and set controller to provide proper operation of the systems.
b. Diagnose and repair electrical and mechanical malfunctions.
c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings.
d. Operate controller on automatic, manual and single trip operation.
e. Monitor controller standby battery backup and replace as required.
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3. Automatic Control Assemblies and Quick Coupling Valves
a. Review control valve assembly and by-pass system for proper settings.
b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks;
pressure gauge operation; proper settings and are clean of debris or mulch.
4. Pump Sites
a. Inspect for proper operations.
b. The Developer shall record and provide to the County's representative the well water flow meter
readings for the two well locations on the General Maintenance Report Sheets.
5. Review system water source connections to include water meters, backflow preventers, gate valve points of
connection and main lines for proper operation.
Monthly Service Requirements:
1. Automatic Control Valve Assembly
Manually operate valves, and clean valve assembly filters
2. Backflow Assembly
Review assembly for proper operation and clean filter as needed
30f5
3.
Quick Coupling Valves
Review boxes and operate valve
1684
4. Pump Sites
a. Once a month, the Developer will trouble shoot each pump station, checking amperage draw and
document the results for future reference.
b. Manually run the system to ensure proper coverage and that no sprinkler head and nozzle are spraying
onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to ensure proper
coverage.
c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter
and document the results for future reference.
d. The Developer will clean the strainers filters and inspect them for wear at the Pump Station.
5. Manually run the system with open flush caps and review sprinkler head indicators located at the end of
zones.
6. Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at the
end of zones where present to determine the system and porous piping is functioning properly.
7. Check, analyze and adjust flow control devices as required.
Quarterly Service Requirements:
1. Review all subsurface system piping, valve assemblies, wiring, moisture sensors and controllers for overall
operation and provide adjustments as required to assure proper operation and irrigation application.
Conventional Pop-up Irrigation Systems:
Weekly Service Requirements:
1. Each median zone shall be manually turned on at the valve to ascertain proper operation ofthe system.
2. Repair system for any blown-off heads, broken lines or leaks around heads or valves.
3. Check the controller and rain sensing devices for proper operation and settings.
4. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one
hundred percent (100%) irrigation coverage.
5. Within all work areas the Developer shall review the plant material and turf for dry conditions and iffound
correct the problem.
Monthly Service Requirements:
1. Manually run the system, clean and adjust sprinkler heads/nozzles and concrete donuts as necessary to
ensure proper coverage and that there are no sprinkler heads/nozzles spraying directly onto the roadway.
a. Each median and side right-of-way zone shall be manually turned on at the valve to ascertain proper
operation of the system.
b. Repair system for any blown-off head, broken lines or leaks around heads or valves.
c. Check the controllers and rain sensors for proper operation and settings.
d. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one
hundred percent (100%) irrigation coverage.
e. Within all work areas the Developer shall review the plant material and turf for dry conditions and if
found correct the problem.
General Service Requirements for Irrigation Systems:
1. Should South Florida Water Management District or other governing agency establish water restrictions,
the irrigation systems shall be inspected and all other controllers set to the mandated hours of operation set
by the District or Agency. Subsurface systems are exempt from water restrictions.
2. Replace defective heads or nozzles. install or replace defective risers and repair minor breaks or restricted
sprinkler lines.
3. Replace damaged valve boxes/lids if caused by the Maintenance Developer.
4. Inspect, clean, and replace, if necessary, screen/filters within the sprinkler heads.
5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level.
All valve boxes in plant beds are to be kept two inches (2") above finished mulch.
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6. One hundred percent (J 00%) irrigation coverage shall be maintained within all irrigated landscaped areas
while this Contract is in effect.
7. Notification to the County's representative is required when acts of vandalism or accidents have occurred
to the irrigation system. Photos shall be taken and provided to the County's representative at no added
cost.
Miscellaneous Irrigation Maintenance Responsibilities:
I. Should the temperature be forecast to be below thirty-four (34) degrees, the Developer shall be responsible
for turning the irrigation system off in order to protect plants from possible freeze damage.
2. It shall be the Developer's responsibility to notify the County's representative of any irrigation problems or
additional irrigation maintenance needs.
3. The irrigation service personnel must trouble shoot time clocks, i.e. power-in 110 volland 24-volt fuses, 24
volts output when necessary.
4. The irrigation services personnel must trouble shoot any pump start relay, main fuses and capacitors when
necessary.
L.
BRICK PAVERS: All median brick paving shall be pressure cleaned twice per year, in April and November, to
remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas, the
developers shall clean-up debris if present, and or flag off the areas with protective barriers and/or high visibility
hazard tape. Damaged areas must be repaired as quickly as possible.
'*
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PEST CONTROL: Trees, Palms, Shrubs, Groundcovers, and Sod must be closely monitored for pests and diseases
and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative.
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#16B5
THIS DOCUMENT
HAS NOT BEEN
RECEIVED IN THE
CLERK TO THE BOARD
OFFICE
AS OF
J uoe 5, 2009
1686
.,
MEMORANDUM
Date:
May 16, 2008
To:
Annia Ortega, Administrative Assistant
Transportation/Traffic Operations
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-129: Increasing the speed limit
on a recently six-Ianed portion of Immokalee Road
Enclosed for your records, please find two original Resolutions referenced
above (Agenda Item #16B6) adopted by the Collier County Board of County
Commissioners on Tuesday, May 13, 2008.
Per our phone conversation, please forward an original copy to the Sheriffs
Office upon placement of the new signage.
If you should have any questions, please feel free to contact me at 252-8406.
Thank you.
Enclosures
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and
original documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or mformation needed. If the document is already complete
with the exception of the Chairman's signature, draw a line through routing lines #1 ttlrough #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 IN.'ORMATION
(The primary contact is the holder of the original document pending BCC approvaL Normally the primary contact is the person who created/prepared
the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff
for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after
the BCC has acted to approve the item.)
Name of Primary Staff Annia Ortega Phone Number 252-8419
Contact
Agenda Date Item was 5/13/2008 Agenda Item Number 16B{o
Approved bv the BCC
Type of Document Resolution Ol\~I04 Number of Original 3
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 tlilly executed by all parties except the BCC
Chairman and Clerk to the Board and possibl 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 he en entered as the date ofBCC approval of the
document or the final ne otiatcd 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 arc nullified. Be war of lour deadlines!
The document was approved hy the BCC on5 .3 (enter date) and all changes
made during the meeting have hecn incorporated n the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
AO
N/A(Not
A lieable)
2.
3.
4.
5.
6.
AO
AO
AO
AO
AO
I: Forms/ County Forms/ Bec Forms/ Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26.05, Revised 2.24.05
16B6
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution by tbe Board of County Commissioners of Collier
County authorizing a speed limit increase from forty-five miles per hour (45 mph) to fifty
miles per hour (50 mph) on Immokalee Road for the eastbound section from Collier
Boulevard to one-half mile west of Wilson Boulevard and for the westbound section from
Wilson Boulevard to one-half mile east of Collier Boulevard.
OBJECTIVE: To obtain approval from the Board of County Commissioners (BCC) to increase
the speed limit on a recently six-Ianed portion ofImmokalee Road.
CONSIDERATIONS: The Collier County Transportation Services Division has recently
completed the multi-Ianing of Immokalee Road between Collier Boulevard and Wilson
Boulevard. The project, as directed by BCC Resolution 2000-77, was designed and built as an
urban cross-section with curb and gutter, which by standards limits the posted speed limit to 45
mph. Upon opening of the six-lane section between Collier Boulevard and Wilson Boulevard to
traffic a speed study was performed, which indicated that the roadway segment's posted 45 mph
speed limit should be increased. Recommendation of the speed study was to increase the speed
limit to 50 mph on lmmokalee Road for the eastbound section from Collier Boulevard to one-
half mile west of Wilson Boulevard and for the westbound section from Wilson Boulevard to
one-half mile east of Collier Boulevard. As the roadway's Design Speed for features other than
the curbing match a 50 mph Design Speed for this segment, a Design Variance for exceeding the
45 mph limit imposed by standards for curbing was recommended by the Directors of the
Transportation Engineering and Construction Management Department and the Traffic
Operations Department.
Upon completing an engineering and trame investigation, Florida Statutes Section 3 I 6. 189
provides that the Board of County Commissioners may set speed zones after the investigation
determines such a change is reasonable and in conformity to criteria promulgated by the Florida
Department of Transportation. The completed engineering and tramc investigation found that an
increased speed limit of 50 mph on the designated section of Immokalee Road for the eastbound
section from Collier Boulevard to one-half mile west of Wilson Boulevard and for the westbound
section from Wilson Boulevard to one-half mile east of Collier Boulevard is warranted; and that
the change is reasonable and in conformity with the defined criteria.
FISCAL IMPACT: The estimated cost of installing the necessary speed limit sIgns IS
approximately $800.00 and is budgeted with the Traffic Operations budget Fund 101.
GROWTH MANAGEMENT IMPACT: This Resolution is consistent with the County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida
approve the Resolution to grant a Design Variance to allow the speed limit to be raised above 45
mph and increase the speed limit to 50 mph on lmmokalee Road for the eastbound section from
Collier Boulevard to one-half mile west of Wilson Boulevard and for the westbound section from
1686
'-.'-'IIl
Wilson Boulevard to one-half mile east of Collier Boulevard, authorize the Chairman to execute
the Resolution, and authorize staff to erect the appropriate traffic control signs.
Prepared By: Robert W. Tipton, PE, PTOE - Director, Traffic Operations Department
Attachments: (I) Resolution; (2) Speed Zone Study; (3) Design Variance Recommendation
1686 .!~i.
RESOLUTION NO. 2008 - 129
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AUTHORIZING A SPEED LIMIT INCREASE FROM FORTY-
FIVE MILES PER HOUR (45 MPH) TO FIFTY MILES PER HOUR (50 MPH) ON
IMMOKALEE ROAD FOR THE EASTBOUND SECTION FROM COLLIER
BOULEVARD TO ONE-HALF MILE WEST OF WILSON BOULEVARD AND THE
WESTBOUND SECTION FROM WILSON BOULEVARD TO ONE-HALF MILE EAST
OF COLLIER BOULEVARD.
WHEREAS, Chapter 316, Florida Statutes, permits the Board of County
Commissioners (BCC) to alter established speed limits on roads under its jurisdiction;
and
WHEREAS, Immokalee Road falls under the jurisdiction of the BCC; and
WHEREAS, in accordance with Section 316, Florida Statutes, the BCC may alter
such existing speed limits as may be appropriate upon the basis of an engineering and
traffic investigation; and
WHEREAS, the subject section of Immokalee Road was designed with a Design
Speed of 50 mph other than the roadway curbing, which would ordinarily limit the speed
limit to forty-five (45) miles per hour, and
WHEREAS, the County's Director of Transportation Engineering and
Construction Management and the Director of Traffic Operations have both approved a
recommendation to grant a Design Variance to increase the posted speed to greater
than forty-five (45) miles per hour based upon the Roadway Design Speed; and
WHEREAS, the results of such engineering and traffic investigations determined
that the increased speed limit is reasonable and safe under the conditions found to exist
and it conforms to criteria promulgated by the Florida Department of Transportation and
Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The BCC does hereby grant the requested Design Variance and establish a 50
miles per hour (50 mph) speed limit on Immokalee Road for the eastbound section from
Collier Boulevard to one-half mile west of Wilson Boulevard and the westbound section
from Wilson Boulevard to one-half mile east of Collier Boulevard and does hereby direct
the County Traffic Operations Department to erect appropriate speed limit signs giving
notice thereof.
2. A copy of this Resolution be forwarded to the Collier County Sheriff's Office for
proper enforcement of the established speed limits for Immokalee Road within the
designated segments.
3. The effective date of the speed limit increase shall be after written notification to
the Sheriff's Office and upon posting of the appropriate signage.
16B6
This resolution adopted after motion, second, and majority vote favoring same
this 13th day of May, 2008.
_ By:
Tom
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Scott R. Te ch,
Deputy County Attorney
Item# ~
Agenda513~
Date
Dat" 0-1I.1-0~
[Ui-
Deputy Cle
2
Collier County Transportation Services Division
Roadway Design Variance
16B6
Roadway: lmmokalee Road - County Project 60018
Segment: West of Wilson Blvd to east of Collier Blvd
Subject Feature: Curb and gutter
Requested Variance: To incrcase thc posted speed to greatcr than 45 mph
Reason for variance request: This roadway segment was designed as an urban cross-
section with curb and gutter, as per direction from Collicr County BCC Resolution 2000-
77. By normal standards as set forth in the Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and lIighways (Florida Green Book)
the use of curbing requires that the posted speed limit be no more than 45 mph.
Ilowever. all other features on the roadway comply with a Design Speed of 50 mph.
A speed study was conducted for this roadway segmcnt after all lanes were opened for
motorists' use and the 85% speed was found to be 55 mph with a 10 mph pacc 01'45 to 55
mph. The Speed Limit should normally be sct within 3 mph of the 85% speed and the top
of the lO mph pace. This would be between 52 mph (which would be posted as 50 mph)
and 58 mph (which would be posted as 60 mph). As thc Design Speed of the segment is
50 mph, and the Posted Spced cannot exceed the Design Speed, the correct Speed Limit
for the segment would be 50 mph, requiring a variance Ii-om the normal limit of 45 mph
due to the use of curbing.
Adverse elfect of variance if approved: The variance of a higher speed limit would limit
or ncgate the safety liletor all(>rded by thc provision of the curbing, which is designed to
redirect errant vehiclcs that might otherwise leave the roadway. The dcgree of safety
actually lost is hard to quantify. as FDOT now considers Typc F curbing as mountable, so
little effect will be creatcd. Howevcr, it docs crcate a situation in which a normal 50 mph
clear zone must be maintained in the mcdian and along thc roadside. Preservation of the
clear zone will prohibit the installation of any roadsidc obstacles and non-frangible poles,
as well as limit the size and types of plants and trees that can be utilized t()r landscaping
in the median and along thc roadside.
Benefits of variance if approved: The segment's speed limit being raised to 50 mph will
allow fiJr the majority of tramc to travel at speeds of closer proximity to the 85% speed,
thereby deducing the amount of weaving, passing, and ovel1aking. Keeping motorists
traveling in the same direction at approximatcly the samc speed is a well known method
of providing vehicular safety and the basis f(Jr the use of divided multi-lane roadways.
Recommended action on the rCQuested variance:
0(' Approve () Disapprove
Date -4- z ~ ~ 0 g
~--~
A-- ~-
Robert W. Tipton, P.E.
Director. Tramc Operations
16B6
Collier County Transportation Services Division
Roadway Design Variance
Roadway: Immokalee Road - County Project 60018
Segment: West of Wilson Blvd to east of Collier Blvd
Subject Feature: Curb and gutter
Requested Variance: To increase the posted speed to greater than 45 mph
Reason for variance request: This roadway segment was designed as an urban cross-
section with curb and gutter, as per direction from Collier County BCC Resolution 2000-
77. By normal standards as set forth in the Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways (Florida Green Book)
the use of curbing requires that the posted speed limit be no more than 45 mph.
However, all other features on the roadway comply with a Design Speed of 50 mph.
A speed study was conducted for this roadway segment after all lanes were opened for
motorists' use and the 85% speed was found to be 55 mph with a 10 mph pace of 45 to 55
mph. The Speed Limit should normally be sct within 3 mph of the 85% speed and the top
of the 10 mph pace. This would bc between 52 mph (which would be posted as 50 mph)
and 58 mph (which would be posted as 60 mph). As the Dcsign Speed of the segment is
50 mph, and the Postcd Speed cannot exceed the Dcsign Speed, thc correct Speed Limit
for thc segment would be 50 mph, requiring a variance from the normal limit of 45 mph
due to the use of curbing.
Adverse eirect of variance if approved: The variance of a highcr speed limit would limit
or negate the safety factor afforded by the provision of the curbing. which is designed to
redirect errant vehiclcs that might otherwise leave the roadway. The dcgree of safety
actually lost is hard to quantify, as FDOT now considers Type F curbing as mountable, so
little eflect will bc created. Ilowever. it docs create a situation in which a normal 50 mph
clear zone must be maintained in the median and along the roadside. Preservation of the
clear zone will prohibit the installation of any roadside obstacles and non-frangible poles,
as well as limit the size and types of plants and trees that can be utilized for landscaping
in the median and along the roadside.
Benefits of variance if approved: The segment's speed limit being raised to 50 mph will
allow for the majority of traffic to travel at speeds of closer proximity to the 85% speed,
thereby deducing the amount of weaving, passing, and overtaking. Keeping motorists
traveling in the same direction at approximately the same speed is a well known method
of providing vehicular safety and the basis ftlr the use of divided multi-lane roadways.
Recommended action on the requested variance:
N Approve () Disapprove
Date 4/2,>5 / ~C'~g
V- / I v~- 0
J A ad, p1(-~---
irector, Transportation Engineering
And Construction Management
(X'APprove () Disapprove
Date -1 _:Z~ ~ 06
----~
A_~- ~-
Robert W. Tipton, P.E.
Director. Traffic Operations
#16B7
THIS DOCUMENT
HAS NOT BEEN
RECEIVED IN THE
CLERK TO THE BOARD
OFFICE
AS OF
June 5, 2009
MEMORANDUM
Date:
May 23, 2008
To:
Karen Guliani, Senior Project Manager
PUED Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
FPL Master Agreement
Associated Schedule "A"
Schedule "B" Sample Copy
16C2 ,.,
Enclosed please find one copy of the recorded document as referenced
above, Agenda Item #16C2, approved by the Board of County
Commissioners on Tuesday, May 13, 2008.
The original copy will be held in the Minutes & Records Department
as part of the Board's permanent record.
If you should have any questions, please 252-8406.
Thank you.
Enclosure (I)
10 ({eL.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP \. J/t I5'a:.
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1lU.~ '
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 routin~iPlf!d oe;) , , .
documents are to be forwarded to the Board Office only after the Board has taken action on the item.) J. 0 .., ~.
ROUTING SLIP -
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceOtion of the Chairman's sienature, draw a line throw.' routine lines #1 throuldl #4, comDlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routinll order)
1. \
2. \
3. \
4. \
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
. PLEASe. RerUiUJ d~R- .::l c:Jk'J6-/A/4L.S /,;:> '.:rUL.IA/J1 I DueD ('i77-
-,
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PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original docmnents needing the Bee 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 Karen B. Guliani, P.E. Phone Number 877-8280
Contact
Agenda Date Item was May 13, 2008 Agenda Item Number 16 C2
Aooroved bv the BCC
Type of Document FPL Master Agreement and associated Number of Original 1-Jf
Attached Schedule A Documents Attached
INSTRUCTIONS & CHECKLIST
lnitial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the fmal ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
5. 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 hows 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!
6. The document was approved by the BCC on May 13, 2008 16 C 2 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 llcable.
Yes N/A (Not
(Initial A licable)
i<fj{
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11
K.~/1.
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l: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Retr'
CLERK TO THE BOARD
INTBROFFICB 4TH FLOOR
EXT 1240
P10Cr.1!'l!'l "T', P~C!'l Pi", ~891\
1~ V~)) V~. 1JOv ~., 0
RECOROED in tile OFFICIAL RBCORDS Gf COLLIER COUNTY. FL
05/15/2008 at 01:58PM DWIGHT B. BROCK. CLERK
RBC FBi
367,00
16"C 2'"
MASTER AGREEMENT
FOR
DEMAND SIDE MANAGEMENT AND ENERGY EFFICIENCY SERVICES
(STATE GOVERNMENTAL ENTITIES)
THlS MASTER AGREEMENT is made and entered into as of the~ day of 11 Ai, 2008 (the
"Effective Date"), by and between FPL Services, LLC, a Florida limited liability company, ("Company") liceuse
No. QB25878, and The Board of County Commissioners of Collier County, Florida, ("Customer") as the governing
board of Collier County and as ex-officio the governing board of the Collier County Water-District. The County is a
political subdivision of Florida. The Water-Sewer District is a Special District per Chapter 2003-353, Laws of
Florida, a Special Act.
RECITALS
\
A. The Company is in the business of providing demand side management energy efficiency Services
for its customers pursuant to a Company initiated Program;
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B. The Customer has agreed to participate in the Program by considering the furnishing and
upgrading of its facilities with energy efficient equipment and systems in order to achieve potential energy savings;
and
C. Pursuant to this Master Agreement, the Parties wish to set forth their understanding concerning
certain Services which may be provided by the Company to the Customer under the Program.
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NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending
to be legally bound, hereby agree as follows:
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ARTICLE 1 - DEFINITIONS
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1.1 Authorization Form means a form prepared by the Company for the purpose of identifying the
Customer's options for proceeding with the evaluation, design or installation of specific ECO's identified at one or
more Service Locations. An Authorization Form shall accompany each of the following types of documents
prepared by the Company under this Master Agreement: Feasibility Study Proposals and Feasibility Reports.
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1.2 Chauge means a request by the Customer that changes the Services, which may consist of
modifications or additions to, or deletions from, any Services to be performed or materials to be provided by the
Company arising under this Master Agreement.
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and assigns.
Company means FPL Services, LLC, a Florida limited liability company, including its successors
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1.4 Confidential Information shall mean, subject to Chapter 119 and Chapter 286, Florida Statutes, all
information marked as "confidential?' or "proprietary" by an appropriate stamp, label, legend or other written notice
.
thereon if transmitted electronically or other written form, and if disclosed orally by either the Company, then the
Company shall confIrm the oral or visual disclosure that shall be considered Confidential Information in a written
memorandum or e-mail transmittal to the Customer within thirty (30) days after such visual or oral disclosure and
whether prepared by the Company or otherwise which is disclosed to the Customer or the Customer's agents in
connection with this Master Agreement and including all reports, analyses, notes or other infonnation that are based
on, contain or reflect any such Confidential Information; however, Confidential Information shall not include the
following: (a) information which is or becomes publicly available other than as a result of a violation of this Master
Agreement; (b) information which is or becomes available on a non-confidential basis from a source which is not
known to the Customer (after due inquiry) to be prohibited from disclosing such information pursuant to a legal,
contractual or fiduciary obligation to the Company; or (c) information which the Customer can demonstrate was
legally in its possession prior to disclosure by tbe Company.
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Page 1 of 20
Rev. 04/18/08
OR: 4360 PG: 2899
1.5 Customer means the Board of County Commissioners of Collier County, Florida, as te ~ve~in? '1 ,
board of Collier County and as ex-officio the governing board of the Collier County Water-District.
1.6 Delaved Payment Rate means a rate of interest equal to one-and-one-half percent (1 \1,%) per
month, which applies to unpaid Feasibility Study Price, Implementation Price and other amounts which the
Customer may become obligated to pay to the Company under the terms of this Master Agreement.
1. 7 Demand Side Management means the installation of certain ECOs by the Company to support a
reduction in the demand for electric consumption as specified Service Locations.
1.8 Dispute means any dispute or disagreement that may arise between the Parties with respect to the
interpretation of any provision of this Master Agreement, the performance of either Party under this Master
Agreement, or any other matter that is in dispute between the Parties related to this Master Agreement.
1.9
Location.
ECO means an energy conservation opportunity identified by the Company at a specified Service
1.10 Energv Efficiencv Services means those ECOs installed at certain a Customer Service Location(s)
to support energy and operational efficiencies at said Service Location(s).
1.11 Feasibility Studv means the Services performed by the Company, including the preparation of a
Feasibility Report, for the purpose of assisting the Customer in detennining whether to proceed with Implementation
Services for the installation and construction of particular ECO's at specified Service Locations.
1.12 Feasibility Studv Price means the compensation to be paid by the Customer to the Company for
conducting a Feasibility Study and issuing a Feasibility Report.
1.13 Feasibilitv Studv Prooosal means a written proposal within a Feasibility Study Authorization
Form as described in Article 3, prepared by the Company in consultation with the Customer specifying the particular
Services to be performed by the Company in conducting a Feasibility Study and preparing a Feasibility Report with
respect to ECO's identified at specified Service Locations.
1.14 Feasibilitv Reoort means the written report which is issned by the Company to the Customer to
summarize the Company's findings based upon a Feasibility Study of particular ECO's at specified Service
Locations.
1.15 Final Acceotance Date means the date on which any Punch List items for an ECO(s) is detennined
by the Company and Customer as completed and stated as the effective date in the Notice of Final Acceptauce.
1.16 Force Maieure Event means an event, including but not limited to, acts of God, fire, flood,
windstorm, war, terrorism, sabotage, revolution, acts of any government or governmental agency, strikes Of other
labor difficulty, insurrection, riot, strikes, telecommunications failures, that neither the Company nor the Customer
shall be considered to be in default in the performance of its obligations arising under this Master Agreement, except
obligations to make payments with respect to amounts already accrued, to the extent that performance of any such
obligation is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of, and
not a result of the fault or negligence of, the affected Party.
1.17 Subcontractor means a third-party subcontractor who is retained by the Company to perform
installation or construction work at the Customer's Service Location(s) pursuant to a Customer-authorized
Implementation Services Authorization Form (as set forth in Section 4.1).
1.18 lmolementation Price means the compensation to be paid by the Customer to the Company for
performing Implementation Services with respect to particular BeQ's at specified Service Locations.
1.19 Imolementation Services means the Services provided or proposed to be provided by the Company
to construct, install or otherwise implement one or more Beo's at specified Service Locations in accordance with
(g 2008, FPL Services, LLC, All Rights Reserved Page 2 of 20
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16C2
the terms of a Feasibility Report, which Services shall include, but not be limited to, (a) causing the procurement,
construction and installation of all materials, equipment and systems required to implement each ECO at a particular
Service Location, (b) providing and paying for all labor and support services necessary to perform such work, (c)
supplying to the Customer copies of any operation and maintenance manuals available from the manufacturers,
vendors and suppliers of equipment or systems comprising a part of any installed ECO, (d) providing on-site
training for a reasonable number of the Customer's designated operating personnel, if such training is reasonably
required or necessary for the proper operation and maintenance of any complex equipment Of system comprising a
part of any installed ECO, and (e) arranging for the fmal inspection and check-out of each installed ECO.
1.20 Master Agreement means this Master Agreement for Demand Side Management and Energy
Efficiency Services, including any and all schedules and exhibits attached thereto, as may be amended from time to
time. The tenns, conditions, representations, warranties and other provisions of this Master Agreement shall apply
by reference to each and every Feasibility Stody Proposal, Feasihility Report, and any other written proposal,
document, notice or Authorization Form issued under the tenns of this Master Agreement, as if such provisions were
set forth expressly therein.
1.21 Minor Deficiencies means, with respect to a particular ECO which has been determined by the
Company to be Substantially Complete, any construction, installation or other Implementation Services identified in
a Punch List which do not materially affect the ability of the ECO to properly operate and function in accordance
with its intended purpose pursuant to this Master Agreement and the terms and specifications contained in a
Customer-executed Implementation Services Authorization Form.
1.22 Notice of Substantial Completion means a written notice issued by the Company to notify the
Customer of the substantial completion of the installation of an ECO.
1.23
Agreement.
r;my means the Company or the Customer identified in the opening paragraph of this Master
1.24
Agreement
Parties means the Company and the Customer identified in the opening paragraph of this Master
1.25 Pavback Criteria means, with respect to au ECO, the number of years obtained by dividing (i) the
total estimated implementation cost of the ECO (including the costs incurred by the Company under this Master
Agreement, but excluding all financing costs associated with implementation of the ECO), by (ii) the estimated
savings to the Customer from the installed ECO, including energy savings, maintenance savings, avoided capital
costs, and other avoided costs as applicable. All such estimates shall be made by the Company, in its sole
professional judgment, and shall be binding upon the Customer for purposes of this Master Agreement.
1.26 Person means any individual or entity of any type, including, but not limited to, corporations,
partnerships, business trusts, associations, governmental agencies, political subdivisions, state, district, college,
university, board or other organization.
1.27 Program means the demand side management Services provided by the Company for its customers
pursuant to a Company-initiated program known as the Energy Efficiency Services Program.
1.28 Punch List means, with respect to a particular ECO, a list of Minor Deficiencies provided by the
Customer to the Company prior to the Customer's receipt and execution of a Notice of Substantial Completion.
1.29 Service Location means a facility legally owned or operated by the Customer at which the
Customer desires the Company to perform Services.
1.30 Services means the energy efficiency services provided by the Company to the Customer under
the Program and pursuant to the terms of this Master Agreement, including, but not limited to, the preparation of
Feasibility Proposals, Feasibility Stodies and Implementation Services.
iOZ008, FPL Services, LLC, All Rights Reserved
Page 3 of 20
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1.31 Substantial Comoletion or Substantiallv Comolete means, with respect to a particular ECO, that
level of construction and implementation which renders the ECO operational, regardless of whether the ECO has
one or more Minor Deficiencies, as determined within the reasonable exercise of the Company's professional
judgment.
1.32 Substantial Completion Date means the date or milestone set forth in a Feasibility Report that is
determined by the Company to be Substantially Complete.
1.33 V cudor means any vendor, manufacturer, or other representative of an ECD vendor, manufacturer,
or distributor utilized by the Company in providing Services in accordance with this Master Agreement.
ARTICLE 2 - SCOPE OF MASTER AGREEMENT AND TERM
2.1 Scooe. Subject to the terms and conditions of this Master Agreement, the Company agrees to
furnish to the Customer, and the Customer agrees to purchase and receive from the Company, certain Services at the
Customer's specified Service Locations. The Parties shall agree upon the Services that the Company will furnish to
the Customer with respect to each Service Location and with respect to ECO's identified at particular Service
Location prior to the Company commencing work at any designated Service Location as set forth in an
Authorization Form which accompanies one or more Feasibility Study Proposals and Feasibility Reports, as set forth
in Articles 3 and 4 of this Master Agreement. Each of the various proposals, documents and forms referenced in this
Master Agreement shall adopt and incorporate the terms and conditions of this Master Agreement as if such terms
and conditions were expressly set forth within such proposals, documents and forms. Unless expressly stated in a
Change Order in accordance with Article 14 below, where the terms and conditions of any schedules or exhibits
thereto are inconsistent with the terms and conditions of this Master Agreement, the terms of this Master Agreement
shall govern the terms and conditions of the Service. In the event the terms and conditions of Change Orders
conflict, the most recently executed Change Order shall govern the terms and conditions of the Service.
2.2 Term. This Master Agreement shall commence upon the Effective Date and shall continue in
effect for a period of five (5) years. Upon mutual agreement of the Parties in an amendment signed by both Parties,
this Master Agreement may be extended for an additional twelve (12) month period or as otherwise agreed npon;
provided that upon such written notice of tennination, portions of this Master Agreement shall remain in effect as set
forth in Articles 7 and 15.
ARTICLE 3- FEASIBILITY STUDY AND REPORT
3.1 Preparation of Feasibility Studv Authorization Form bv Companv. The Company may prepare
and deliver to the Customer a Feasibility Study Authorization Form, which identifies any potential ECO's that the
Company believes, in its sole professional judgment, may provide appropriate justification to proceed with the
preparation ofa Feasibility Study. Each Feasibility Study Proposal shall include a designation of the Services to be
provided, the technologies to be included in the proposed Feasibility Study and the Feasibility Study Price. The
Feasibility Study Authorization Form is attached to this Master Agreement as Schedule A.
3.2 Authorization to Proceed with Feasibilitv Studv. Unless otherwise mutually agreed to by the
Parties in writing, a Feasibility Study Authorizatiou Form must be executed by the Customer and delivered to the
Company within ninety (90) days after the Customer's receipt of the Feasibility Study Authorization Form to
authorize the Company to proceed with the Feasibility Study. Upon the Company's timely receipt of a properly
completed Feasibility Study Authorization Form wherein the Customer requests a Feasibility Study for any or all of
the ECO's identified in the Feasibility Study Authorization Form, then the Company shall prepare and submit a
Feasibility Study to the CustomeLlfthe Customer elects to not authorize a Feasibility Study, or ifthe Customer fails
to deliver to the Company an executed Feasibility Study Authorization Form within the ninety (90) day period
provided by this Section 3.2, the Company shall have no duty or obligation to conduct a Feasibility Study with
respect to any of the ECO's at the Service Locations identified in the Feasibility Study Authorization Form.
~ 2008, FPL Services, LLC, All Rights Reserved
Page 4 of 20
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3.3 Feasibility Report. Pursuant to a Customer-authorized Feasibility Study performed by the
Company in accordauce with a Feasibility Study Authorization Form, the Company shall recommend ECO's for
implementation at any Service Locations surveyed based on a life-cycle cost analysis and estimated energy savings
for each ECO. The Company shall prepare and submit to the Customer a Feasibility Report specifying each
recommended ECO and providing for each an estimate of (a) the expected implementation cost, (b) the anticipated
life-cycle cost savings, and (c) the estimated timing for implementation, all of which shall be estimates only, based
on the Company's reasonable assumptions. In the case of each ECO examiued in a Feasibility Report, the Company
shall provide sufficient information to determine whether the Customer's Payback Criteria are expected to be met
based on the Company's estimates.
3.4 Authorization to Proceed with Feasibility Report. Each Feasibility Report will include an
Implementation Services Authorization Form, as defmed below in Section 4.1, which must be executed by the
Customer and delivered to the Company within sixty (60) days after the Customer's receipt of the Feasibility Report
to authorize the Company to proceed with the preparation of an implementation of the Feasibility Report in
accordance with Article 4. If the Customer timely delivers to the Company an executed Implementation Services
Authorization Form, the Company will proceed with preparing any implementation of the Feasibility Report
authorized by the Customer on the Implementation Services Authorization Form; provided, however, that if the
Customer elects to proceed with less than fifty percent (50%) of the recommended ECO's (as determined on an
estimated implementation cost basis) identified in a Feasibility Report, the Company shall have the ability to refuse
to proceed with preparation and implementation identified in a Feasibility Report for any ECO's that the Customer
elects to proceed. Each Implemeutation Services Authorization Form accompanying and referencing a Feasibility
Report will include an option allowing the Customer to defer payment of the Feasibility Study Price in accordance
with Section 3.5.3 if the Customer elects to proceed with additional Implementation Services.
3.5 Feasibility Studv Price aud Pavrnent Terms.
3.5.1 Feasibilitv Studv Price. Except as otherwise provided in Section 3.5.3, the Customer
shall pay to the Company the Feasibility Study Price which is included in a Customer-executed Feasibility Study
Authorization Form for all Services performed by the Company in conducting a Customer-authorized Feasibility
Study and issuing a Feasibility Report. The Feasibility Study Price is the full compensation for the Services
performed by the Company in conducting a Company-authorized Feasibility Study and rendering a Feasibility
Report and includes all federal, state and local taxes, if any, assessed with respect to the Services or with respect to
the fumishing of any items under the Feasibility Study.
3.5.2 Pavrnent Upon Failure to Authorize Additional Services. If the Customer elects to not
proceed with Implementation Services or fails to deliver to the Company a completed and executed Implementation
Services Authorization Form within ninety (90) days of the Customer's receipt of a Feasibility Report, the Company
shall have no duty or obligation to proceed with any Implementation Services with respect to the ECO's identified
in the Feasibility Report, and the Company shall provide an iuvoice to the Customer for the full Feasibility Study
Price determined in accordance with Section 3.5.1 and included in the Feasibility Study Authorization Form. The
Customer shall pay the total amount of the invoice in full within ninety (90) days following the Customer's receipt
of the invoice or as otherwise required to be in compliance with Section 218.70, Florida Statutes, otherwise known
as the Florida Prompt Payment Act.
3.5.3 Deferral Election. In the event the Customer elects to proceed with Implementation
Services for one or more ECO's pursuant to Section 3.4, the Customer shall elect on the Implementation Services
Authorization Form accompanying and referencing a Feasibility Report to either (a) receive an invoice for the full
amount of the Feasibility Study Price, or (b) defer and roll-over payment of the Feasibility Study Price until such
time as compensation is payable to the Company pursuant to Article 4 for Implementation Services. If the Customer
elects to receive an invoice pursuant to clause (a) of this Section 3.5.3, or if the Customer fails to make an election
pursuant to the foregoing within ninety (90) days of receipt of the Feasibility Study Report, the Company shall issue
an invoice for the full amount of the Feasibility Study Price, and the Customer shall pay such amount within ninety
(90) days following receipt of the invoice.
~ 2008, FPL Services, LLC, All Rights Reserved
Page 5 of 20
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3.5.4 Late Pavments. Any overdue payment under Article 3 shall bear interest at the Delayed
Payment Rate from the date such payment is due until and including the date of payment.
3.5.5 Release from Obligation to Pav Feasibility Studv Price. Notwithstanding any provision in
Section 3.5.1 to the contrary, the Customer shall have no obligation hereunder to pay the Company for a Feasibility
Study or Feasibility Report performed by the Company if (a) the Feasibility Report submitted by the Company does
not identify at least one potential ECO at a Customer Service Location specified in the Customer-executed
Feasibility Study Authorization Form which meets the agreed upon Payback Criteria as set forth in the Feasibility
Study Authorization Form, or (b) the Customer does not elect to proceed further with any recommended ECO as set
forth in Section 3.4.
3.5.6 Notice of Termination of Feasibilitv Studv bv the Companv. In the event the Company
determines, prior to submission of the Feasibility Report to the Customer, that the Company will not be able to
identify at least one potential ECO that meets the agreed upon Payback Criteria as set forth in the Feasibility Study
Authorization Form, then the Company, in its sole discretion, may elect by written uotice to the Customer to
terminate its duties and obligations to complete and deliver the Feasibility Report, unless the Customer, within five
(5) days following receipt of such notice, elects in writing to waive the provisions of Section 3.5.5 and to pay to the
Company the Feasibility Study Price as otherwise set forth in Section 3.5.1.
ARTICLE 4 - INSTALLATION AND IMPLEMENTATION
4.1 Authorization to Proceed with Implementation Services. Each Feasibility Report will be
referenced and incorporated into an Implementation Services Authorization Form which must be executed by the
Customer and delivered to the Company within ninety (90) days after the Customer's receipt of the Feasibility
Report to authorize the Company to proceed with the Implementation Services identified in the Feasibility Report. A
sample copy of an Implementation Services Authorization Form is attached to this Master Agreement as Schedule
~. If the Customer timely delivers to the Company an executed Implementation Services Authorization Form, the
Company will proceed with conducting the Implementation Services specified in the Feasibility Report. If the
Customer elects to not authorize the Implementation Services or if the Customer fails to deliver to the Company an
executed Implementation Services Authorization Form within the ninety (90) day period provided by this Section
4.1, the Company shall have no duty or obligation to perform any Implementation Services with respect to any of
the ECO's at the Service Locations identified in the Feasibility Report, and the Customer shall pay the Company for
the Feasibility Study prepared for such ECO.
4.2 Substantial Completion and Final Acceptance.
4.2.1 Inspections and Notice of Substantial Completion. During the performance of
Implementation Services under this Article 4, the Customer shall have the right to conduct reasonable inspections of
the work of the Company or any Subcontractor at any time upon reasonable prior notice. Upon Substantial
Completion of construction and installation of each EeG in accordance with a Customer-authorized Feasibility
Report, the Company shall deliver a Notice of Substantial Completion to the Customer. A sample copy of a Notice
of Substantial Completion is attached to this Master Agreement as Schedule C. The Customer shall have delivered a
list of any Punch List items and any potential material defect or deficiency prior to the Customer executing a Notice
of Substantial Completion.
4.2.2 Correction of Material Defects or Deficiencies. Prior to receiving a Notice of Substantial
Completion, the Customer agrees it has identified and delivered written notification to the Company any and all
potential material defect or deficiency in an ECO. Following such identification and receipt of any material defect
or deficiency, the Company shall determine in the reasonable exercise of its sole professional judgment whether the
alleged defect or deficiency is material. If the Company determines that a material defect or deficiency exists, then
the Company shall cause any necessary corrections to be made to remedy the material defect or deficiency. If for
any reason the Customer fails to deliver written notification to the Company of a material deficiency or defect in an
ECO following the Customer's receipt of a Notice of Substantial Completion, the Customer shall thereby be deemed
to have irrevocably acknowledged and agreed that (a) each ECO meets the requirement.' of the Master Agreement
iD 2008, FPL Services, LLC, All Rights Reserved
Page 6 of 20
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OR: 4360 PG: 2904
16C2 'l~
and the Customer-executed Implementation Services Authorization Form, and (b) each such ECO is complete and
ready for operation.
4.2.3 Correction of Punch List ltems. Prior to receiving a Notice of Substantial Completion,
the Customer agreed it has identified and delivered to the Company a Punch List which lists one or more Minor
Deficiencies in an ECO. Following such identification and receipt of a Punch List, the Company shall work
diligently to complete or correct such items and work listed in the Punch List within a reasonable time period. Upon
completion of any Punch List items, which the Company determines in the reasonable exercise of its professional
judgment are necessary or appropriate for completion of an ECO, the Company shall deliver a written notification of
Punch List completion to the Customer.
4.2.4 Payment Unconditional Uoon Substantial Comoletion. The Customer acknowledges that,
notwithstanding the existence of any Minor Deficiencies, regardless of their inclusion in a Punch List, the Customer
unconditionally agrees to make payment to the Company for the ECO's listed in a Notice of Substantial Completion
ouce the ECO's are, or are deemed to be, Substantially Complete. The Customer acknowledges that, upon the
Substantial Completion Date of an ECO, the Customer's payment obligation of ninety percent (90%) of the
Implementation Price set forth in the Feasibility Report for the ECO (notwithstanding the existence of Minor
Deficiencies or the failure of the Company to properly complete or correct such Minor Deficiencies), is absolute,
unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including, without
limitation, any set-off, abatement, counterclaim, suspension, recoupment, reduction, rescission, defense or other
right. The Customer's sole recourse for the Company's failure to complete any Minor Deficiencies identified in the
Punch List items in accordance with this Master Agreement is to seek its sole and exclusive remedy in accordance
with Article 5, Warranty.
4.2.5 Notice of Final Acceotance. Upon (i) the Customer's execution of the Notice of
Substantial Completiou, and in accordance with the process set forth in Section 4.3.2 to correct any material defects
or deficiencies identified by the Customer, and (ii) the Company's completion of Minor Deficiencies identified in
Punch List as set forth in Sections 4.2.3 and 4.2.4, the Company shall deliver a Notice of Final Acceptance to the
Customer to execute. A sample of a Notice of Final Acceptance is attached to this Master Agreement as Schedule
Q. The Customer acknowledges that the Customer unconditionally agrees to make final payment to the Company
for the ECO's listed as of the Final Acceptance Date, or are deemed to be, complete in accordance with this Master
Agreement. The Customer acknowledges that, upon the Final Acceptance Date of an ECO, the Customer's payment
obligation of the remaining ten percent (10%) of the Implementation Price set forth in the Feasibility Report for the
ECO, is absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever,
including, without limitation, any set-off, abatement, counterclaim, suspension, recoupment, reduction, rescission,
defense or other right. The Customer's exclusive recourse for any claim regarding the Implementation Services
following the Final Acceptance Date is to seek its sole and exclusive remedy in accordance with Article 5,
Warranty.
4.2.6 Reliance. The provisions of Article 4 may be relied on by the Company and by any
assignee of the Company in cOlmection with the furnishing of ECO financing to the Customer in accordance with
the provisions of the Master Agreement. Any assignee of the Company shall be entitled to the rights, but not the
obligations, of the Company under this Article 4.
4.2.7 ECO Resoonsibilitv. Unless otherwise mutually agreed to by the Parties, the Company
assumes no responsibility for performance or maintenance of ECO's, which are to be insured by the Customer. No
V cndor is an agent of Company, and no Vendor or employee of any Vendor is authorized to waive, supplement or
otherwise alter any terms, conditions, or agreement between the Company and the Customer.
4.2.8 Training. If applicable, and if set forth in a Customer-authorized implementation of a
Feasibility Report pursuant to a Customer-authorized Implementation Services Authorization Fonn., the Company
shall provide on-site training for a reasonable number of the Customer's operating personnel with respect to
completed ECO's, and the Customer shall assist in such training, all as more fully specified in the Feasibility Report.
Unless otherwise provided in the Feasibility Report, such training shall be conducted with respect to an ECO
following the Substantial Completion Date of the ECO.
(!) 2008, FPL Services, LLC, All Rights Reserved
Page 7 of 20
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4360 PG: 2905
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4.3
Implementation Price and Payment.
4.3.1 Implementation Price. The Customer shall pay to the Company the Implementation Price
set forth in a Feasibility Report for all Implementation Services performed by the Company pursuant to a Customer
authorized Implementation Services Authorization Form. The Implementation Price is the full compensation for
such Implementation Services and includes all federal, state and local taxes, if any, including sales, use and excise
taxes, assessed with respect to the Implementation Services or with respect to the furnishing of equipment and
materials thereunder.
4.3.2 Implementation Price Payment. Within thirty (30) days following the Substantial
Completion Date or as otherwise set forth in the drew schedule attached to the Implementation Authorization Form,
the Company shall provide an invoice to the Customer for all or any portion of the Implementation Price, in
accordance with Section 4.2.5, together with any unpaid Feasibility Study Price for such ECO(s), and the Customer
shall be obligated to pay the total of such amounts within thirty (30) days following receipt of the invoice or as
otherwise required to be in compliance with Section 218.70, Florida Statutes, otherwise known as the Florida
Prompt Payment Act. In the event the Master Agreement is terminated by either Party prior to the Substantial
Completion Date, all accrued and unpaid Feasibility Study Price and Implementation Price, including any unpaid
interest accrued upon such amounts, shall be paid by the Customer to the Company within thirty (30) days following
the Customer's receipt of an invoice therefor.
4.3.3 Late Payment. Any overdue payment under Section 4.4 shall bear interest at the Delayed
Payment Rate from the date such payment is due until and including the date of payment.
4.4 Identification of Energv Saviugs. As applicable, the Company shall set forth appropriate systems
and procedures for measuring and verifying the actual energy savings resulting from the Implementation Services of
an ECO, which shall be set forth in an applicable Feasibility Report.
ARTICLE 5 - WARRANTY
5.1 General Warranty. The Company warrants to the Customer that the Services performed by the
Company under this Master Agreement shall be performed with the degree of skill and care that is required by
current good and sound professional procedures and practices, and in conformance with generally accepted industry
standards prevailing at the time the Services are performed. The Company further warrants that all equipment and
materials provided and installed by the Company in connection with the implementation of any ECO hereunder shall
be new, be free from significant defects in design, engineering, materials, construction and workmanship, and
conform in all material respects with all requirements of applicable law, the final Design Docnments applicable to
such ECO and all descriptions set forth therein, applicable engineering and construction codes and standards, and all
other requirements of this Master Agreement and of any applicable Customer-authorized Implementation Services
Authorization Form.
5.2 Warrantv Period. The warranty period for the warranties set forth in Section 5.1 shall extend, with
respect to each installed ECO, for a period of one (1) year following the Substantial Completion Date for such ECO.
5.3 Remedies. The Customer shall promptly notify the Company in writing of the discovery during
the applicable warranty period of any claim against the Company's warranties under Section 5.1, including any
defects in the equipment or materials installed as part of an ECO. As the Customer's sole and exclusive remedy for
any such claim against the Company's warranties, the Company shall, at its own cost and expense, as soon as
reasonably possible following the Company's receipt of notice of any claim against any warranty or the Company's
otherwise obtaining knowledge of any claim of warranty, cause the repair (or as Company determines appropriate
the replacement, rework and/or retest) of defective equipment and construction workmanship and/or provide at the
Company's expense any changes, modifications or additions to the work which the Company determines necessary
due to a failure to perform any Services hereunder and furnish the equipment and materials in accordance with the
standards set forth in Section 5.1. All costs incidental to the Company's rework and testing thereof shall be bome
by the Company. The Company shall nse reasonable efforts to perform such remedial actions and make any tests in
@ 2008, FPL Services, LLC, All Rights Reserved
Page 8 of20
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OR: 4360 PG: 2906
16C2'.
a timely manner and at such times so as to minimize disruption of normal operations at the Customer's Service
Location.
5.4 Vendor Warranties. Without limiting the Company's warranty set forth in Section 5.1, the
Company, in procuring materials and equipment for an ECO, shall use reasonable efforts to obtain customary and
standard Vendor warranties from the supplier or Subcontractor for the benefit of the Company and the Customer.
The Customer shall be entitled to the benefit of any Vendor or Subcontractor warranties obtained which are better or
of longer duration than those provided by the Company hereunder. If any such warranties are for a period longer
than the Company's warranties, they shall be transferred to the Customer at the end of the Company's warranty
period hereunder.
5.5 Comvanv Princivallv Resvonsible. Notwithstanding Section 5.4, the Company shall have primary
liability with respect to all Company warranties set forth in Section 5.1, including warranties with respect to
materials and equipment, whether or not any event Of defect is also covered by a Vendor or Subcontractor warranty,
and the Customer need only look to the Company for corrective action pursuant to Section 5.3; provided that the
Company shall receive the benefit of any Vendor Of Subcontractor warranties.
5.6 Warrantv Exclusions. The liabilities and obligations of the Company under this Article 5 do not
extend to any repairs, adjustments, alterations, replacements or maintenance which were not prior approved in
writing by the Company or may be required as a result of wear and tear in the operation Of use of an ECO, or as a
result of the Customer's failure to operate or maintain an ECO in accordance with the operating manuals or
instructions supplied by the Company, or in accordance with the training provided by the Company to Customer's
personnel.
5.7 NO IMPLlED WARRANTIES. EXCEPT AS EXPRESSLY PROVlDED IN THIS ARTICLE 5,
THE COMPANY MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLlED, CONCERNlNG
THE SERVICES OR ANY ECO, AND THE COMPANY DISCLAIMS ANY WARRANTY IMPLlED BY LAW,
lNCLUDlNG IMPLlED WARRANTIES OF MERCHANTABlLlTY OR FITNESS FOR A PARTICULAR
PURPOSE AND IMPLlED WARRANTIES OF CUSTOM OR USAGE. UNLESS OTHERWISE EXPRESSLY
STATED IN A FEASlBILlTY REPORT ATTACHED TO AN IMPLEMENTATION AUTHORIZATlON FORM,
THE COMPANY MAKES NO WARRANTIES OR GUARANTEES OF ANY NATURE WHATSOEVER
CONCERNING THE ACTUAL REDUCTION IN THE CUSTOMER'S ENERGY USAGE AS A RESULT OF
THE lNSTALLATION AND OPERATION OF ANY ECO, AND THE CUSTOMER ACKNOWLEDGES AND
AGREES THAT ANY ESTIMATED SAVlNGS, ESTIMATED LOAD REDUCTIONS OR OTHER SIMILAR
PROJECTIONS SUPPLlED OR MADE BY THE COMPANY SHALL BE FOR INFORMATIONAL PURPOSES
ONLY AND SHALL NOT CONSTITUTE A WARRANTY OR GUARANTEE BY THE COMPANY OF THE
ACTUAL SAVlNGS OR LOAD REDUCTlON, IF ANY, WElCH MAY BE EXPERIENCED BY THE
CUSTOMER.
ARTICLE 6 - UMITATION OF LIABILITY
6.1 No Ooeratinl! or Maintenance Responsibilitv. Except as otherwise specifically provided in Article
5, the Company shall have no responsibility or liability with respect to any ECO after the Substantial Completion
Date thereof, and the Customer shall be solely responsible for the operation, maintenance and utilization of each
ECO after such date. Without limiting the generality of the foregoing, no payment obligation of the Customer
arising under this Master Agreement shall be affected by the actnal performance of any ECO following the
Substantial Completion Date.
6.2 Consequential Damages. Neither Party shall be liable to the other Party for special, indirect,
consequential or punitive damages, even if the Party has been advised that such damages are possible. No Party
shall be liable for lost profits, lost revenue, or lost institutional operating savings.
6.3 AQf!ref!ate Liabilitv. Except in cases where a court of competent jurisdiction has determined
willful misconduct on the part of the Company, the Company's total liability under this Master Agreement shall not
@2008, FPL Services, LLC, All Rights Reserved
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16C2
exceed the Feasibility Study Price or Implementation Price, as the case may be, for the Services that have given rise
to the Dispute.
,~..'
~ .
;
6.4 Intent. Except in cases of willful misconduct, the Parties intend that the waivers and disclaimers
of liability, releases from liability, limitations and apportionments of liability, and exclusive remedy provisions
expressed throughout this Master Agreement shall apply to such person released or whose liability is waived,
disclaimed, limited, apportioned or fixed by such remedy provision and shall extend to such person's affiliates and to
its and their partners, shareholders, directors, officers, employees, contractors and agents. The Parties also intend
and agree that such provisions shall continue in full force and effect nohvithstanding the tennination, suspension,
cancellation or rescission of this Master Agreement. No officer, director, employee, agent or other individual
representative of either Party shall be personally responsible for any liability arisiug under this Master Agreement.
6.5 Remedies. Where remedies are expressly afforded by this Master Agreement with respect to the
Services provided by the Company, such remedies are intended by the Parties to be the sole and exclusive remedies
of the Customer for liabilities of the Company arising out of or in connection with the Services Of this Master
Agreement, notwithstanding any remedy otherwise available at law or in equity.
ARTICLE 7 - ACCESS AND INFORMATION
7.1 Customer Cooperation. The Customer shall use reasonable efforts to assist the Company in
performing the Services contemplated by this Master Agreement, including providing reasonable access to the
Customer's Service Location(s), providing information concerning the Service Location(s), making appropriate
Customer personnel available if requested by the Company to assist the Company in perfomllng such Services, and
taking any other actions the Company may reasonably request from time to time to achieve the purposes and intent
of this Master Agreement.
7.2 Access to Service Locations. Upon the request of the Company, the Customer shall provide the
Company and its Subcontractors with reasonable access to the Service Location(s) to enable the Company to
perform all Services hereunder and to verify and confIrm the operation of any installed ECO following the
Substantial Completion Date. The Company also shall have access to the Service Location(s) during the warranty
period specified in Article 5 for purposes of performing its obligations thereunder. The Customer shall provide the
Company with adequate storage and laydown areas at the Service Location(s), as applicable, during the installation
of ECO's and shall make available any construction power and other utilities required by the Company and its
Subcontractors to perform the Services. The Company and its Subcontractors shall observe all of the Customer's
safety and security procedures at the Service Location( s), to the extent made known to the Company, and shall not
unreasonably disturb or interrupt the Customer's operations at such location(s). The Company will provide an
implementation schedule to the Customer in advance of the start of construction to identify potential scheduling
conflicts at which time the implementation schedule will be adjusted to accommodate the Customers operation.
7.3 Requests for Infonnation. The Customer shall promptly comply with all reasonable requests by
the Company for information concerning the Service Location(s), as required by the Company to perform the
Services, and information to enable the Company to determine the actual energy savings and load reduction
achieved at the Service Location(s) as a result of ECO implementation. The Customer also shall provide the
Company with any information and other assistance reasonably required to verify to the Florida Public Service
Commission the demand and energy savings achieved and the related costs thereof. The Customer agrees that the
Company may disclose such information obtained by the Company or provided by the Customer pursuant to this
Master Agreement or any supplemental Master Agreement to the Florida Public Service Commission and to any
other public authority having jurisdiction.
7.4 Nondisclosure and Use of Confidentiallnfonnation. Confidential Information shall not be used
for any purpose other than to analyze, implement or complete the Program. Confidentiallnformation shall be held
in strict confidence by the Customer and its agents and shall not be disclosed without prior written consent of the
Company, except to the Customer's employees with a need to know the Confidential Information for the purpose of
perfomllng work related to the Program unless disclosure is otherwise required under Chapter 119, Florida Statutes.
The Customer shall require all of its agents receiving the Confidential Information to be bound by the terms of
<92008, FPL Services, LLC, All Rights Reserved Page 10 of 20
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OR: 4360 PG: 2908
Sections 7.1 through 7.7 of this Master Agreement.
this Master Agreement by Customer or its agents.
The Customer shall be responsible for any matel ~acC 02
7.5 Required Disclosure. In the event that the Customer is requested or required by legal or regulatory
authority to disclose any Confidential Information, the Customer shall promptly notify the Company of such request
or requirement prior to disclosure so that the Company may seek an appropriate protective order and/or waive
compliance with the terms of this Master Agreement. In the event that a protective order or other remedy is not
obtained, or the Company waives compliance with the provisions hereof, the Customer agrees to furnish only that
portion of the Confidential Information that it reasonably determines, in consultation with its counsel, is consistent
with the scope of the subpoena or demand, and to exercise reasonable efforts to obtain assurance that confidential
treatment will be accorded such Confidentiallnformation. Notwithstauding anything to the contrary, the Parties and
their agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of
the Program and all materials of any kind (including opinions or other tax analyses) that are provided to either Party
relating to the tax treatment and tax structure of the Program.
7.6 Disclosure to Third Party Lender. The Customer hereby acknowledges and agrees that the
Company may disclose financial information that has been provided by the Customer to the Company for the
purpose of assisting the Customer in obtaining financing for Implementation Services that would be provided under
this Master Agreement.
7.7 Survival. Notwithstanding anything to the contrary, the obligations of the Parties under Sections
7.1 through 7.7 shall survive the tennination ofthis Master Agreement.
ARTICLE 8 - DOCUMENTS AND DATA
8.1 Ownershio Rights. Any Feasibility Study, Feasibility Report or other report or document
furnished or to be furnished by the Company pursuant to this Master Agreement constitute Confidential Information
and shall remain the sole and exclusive property of the Company and may only be used by the Customer through the
grant of a limited license for the operation, maintenance, repair or alteration of any ECO installed by the Company.
The Customer shall not acquire any rights or interest with respect to the Company's or its Subcontractors'
proprietary technology, know-how, processes or computer software or any other intellectual property that may be
used in connection with the Services or the supply of equipment and materials hereWlder. The Customer
acknowledges that the Company provides Services to other companies and agrees that nothing in this Master
Agreement will be deemed or construed to prevent the Company from carrying on such business. In particular, the
Customer agrees that, notwithstanding anything to the contrary set forth herein, as part of the Company's provision
of the Services hereunder, the Company may utilize software, methodologies, tools, specifications, models, samples
and documentation, the Company's Confidential Information, as well as copyrights, trademarks, service marks,
ideas, concepts, know-how, techniques, knowledge or data, which have been originated, developed or purchased by
the Company or by third parties under agreements to provide services for such third parties.
8.2 No Use of Documents After Tennination. If any Feasibility Study, Feasibility Report or other
document prepared by the Company under this Master Agreement is terminated, in whole or in part, by the
Customer prior to completion of the installation of any ECG, or the Customer chooses not to proceed with the
implementation of an ECO as set forth herein, then the Customer shall not be entitled to use any such document for
any purpose whatsoever, and the Customer shall, to the fullest extent pennitted by applicable law, be obligated to
indemnify, defend and hold hannless the Company and its Subcontractors with respect to all claims, actions,
liabilities and costs (including attorneys' fees and costs of litigation) arising out of any unauthorized use by the
Customer.
ARTICLE 9 - INSURANCE
9.1 Insurance to Be Maintained bv the Comoanv. At any time that the Company is perfonning
Services Wlder this Master Agreement at any Customer Service Location, the Company shall keep and maintain,
if;J 2008, FPL Services, LLC, All Rights Reserved
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with insurers of recognized responsibility, the following insurance, which shall include the coverages and limits set
forth below:
9.1.1 Worker's Compensation Insurance covering all of the Company's employees as required
bylaw;
9.1.2 Commercial General Liability Insurance, including contractual liability, premises and
operations, broad-form property damage, products/completed operations, independent contractor, and personal
injury coverages, with a limit of not less than $1,000,000 for each occurrence, combined single limit; and
9.1.3 Commercial Automobile Liability Insurance, including coverage for liability arising out
of the use of owued, non-owned, leased or hired automobiles, for both bodily injury and property damage in
accordance with state legal requirements, having not less than $1,000,000 combined single limit per occurrence.
Anything to the contrary notwithstanding, the Company may self insure any requirement of this Section 9.1.
9.2 Customer Insurance. During and throughout the term of this Master Agreement and until all
amounts payable to the Company pursuant to this Master Agreement are paid in full, the Customer shall maintain, as
of the date of installation of each ECO, (i) comprehensive property insurance, including all risk physical damage
insurance, on each ECO with replacement cost coverage; and (ii) comprehensive liability insurance for bodily
injury, death, and property damage in the amount of $1,000,000 with coverage in excess of the $100,000 or
$200,000 waiver of sovereign immunity provided for in Section 768.28(5), Florida Statutes, but and the indemnity
obligation of Customer shall not extend beyond the statutory limitations set forth in Section 768.28, Florida Statutes.
The Company and its assignees shall be named as additional insureds and as loss payees, as their interests appear
under this Master Agreement, and each policy shall be endorsed to be primary to any insurance maintained by the
Company. The Customer shall provide the Company and its assignees with insurance certificates which provide
evidence of the insurance coverage under this Master Agreement, in form and substance reasonably satisfactory to
the Company and its assignees. Such certificates shall provide at least twenty (20) days prior written notice of
cancellation or material change, with the exception often (10) days for nonpayment of premiums, to each additional
insured and loss payee named therein. The Customer shall have the right at to self-iusure any obligations in
connection with its performance Wlder the Master Agreement, provided the Customer provides the Company with
documentation to the Company's satisfaction to demonstrate the Customer's ability to fulfill its obligations for loss or damage up
to the amount of insurance required under this Section 9.2.
ARTICLE 10 - INDEMNIFICATION
10.1 Indemnitv Obligations. The Company shall hold the Customer, its officers, agents, and employees
harmless against claims by third parties for bodily injury (including death) aud tangible personal property damage
resulting solely and exclusively from the Company's negligence. The Company shall not be responsible for
damages whether resulting in whole or in part from the Customer's negligence. To the fullest extent pennitted by
law, iu accordance with and limited by Section 768.28, Florida Statutes, Customer shall hold harmless, indemnify
and defend the Company against all liability, claims, judgments or costs for injury to, or death of any person or
persons, for the loss or damage to any property, and for the imposition of any penalties, fines or other assessments
by any governmental agency arising out of the use, o\iV11ership of each and any Service Location, operation or
performance of the terms of this Master Agreement, and resulting from any negligence or failure to act by Customer,
or any of its employees, agents, representatives or those in its care and cllstody.
10.2 Emplovee Claims. In any and all claims against a Party, its affiliates or contractors and their
respective directors, partners, shareholders, officers, agents and employees (collectively, the "Indemnitee") by an
employee of the other Party (the "Indemnitor") or of anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, the indemnification obligations stated in Section 10.1 shall not be
limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for
the indemnifying Party under any applicable worker's compensation law, disability law, or other employee benefit
law, except that the limitations set forth in Section 768.28, Florida Statues, shall apply.
@ 2008, FPL Services, LLC, All Rights Reserved
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10.3 Defense of Claims. An Indemnitor shall have the right to defend an Indemnitee by counsel
(including insurance counsel) of Indemnitor's selection reasonably satisfactory to the Indemnitee, with respect to
any claims within the indemnification obligations hereof. The Parties shall give each other prompt written notice of
any asserted claims or actions indemnified against hereunder and shall cooperate with each other in the defense of
any such claims or actions. No Indemnitee shall settle any such claims or actions without prior written consent of
the Indemnitor.
lOA Pavrnent. lu the event that either Party is required to make an indemnity payment under this
Article 10, such Party shall promptly pay the Indemnitee the amount so determined. The amount owing to the
Indemnitee shall be the amount of such Indemnitee's actual out-of-pocket loss or expense, net of any insurance or
other recovery paid to such Indemnitee and as otherwise limited by law and as specified in this Article 10. If there
should be a dispute as to the amount or mauner of determination of any indemnity obligation, the Indemnitor shall
nevertheless pay when due such portion, if any, of the obligation as is not subject to dispute. Upon the payment in
full of any claim, the Indemnitor making payment shall be subrogated to the rights of the Indemnitee against any
person with respect to the subject matter of such claim.
10.5 Survival. The obligations of the respective Parties under this Article 10 shall survive the
termination of this Master Agreement with respect to any claims or liability arising prior to such termination.
ARTICLE 11 - HAZARDOUS MATERIALS
The Customer shall have sole responsibility and liability with respect to the proper identification, removal
and disposal of any hazardous materials (e.g., asbestos) or correction of any hazardous condition at a Service
Location which affects the Company's performance of the Services under this Master Agreement. If, during the
course of performing the Services, the Company becomes aware of any such hazardous materials or hazardous
condition, the Company shall promptly report such matter to the Customer and before disturbing (or further
disturbing) such materials or condition. Work in the affected areas shall be resumed by the Compauy only upon the
written notice from the Customer that such materials have been removed or such condition has been corrected, and
then only if such continuation of work shall not violate any applicable law or permit. The Customer shall
indemnify, defend and hold hannless the Company and its Subcontractors with respect to any liability, cost or
expense of whatever nature incurred as a result of any such hazardous materials or hazardous condition.
ARTICLE 12 - TITLE. RISK OF LOSS. SECURITY INTEREST AND TAXES
12.1 Passage of Title. Subject to the provisions of Section 12.2, legal title to each installed ECO,
including all equipment and materials comprising a part thereof, shall pass to the Customer upon the Substantial
Completion Date for the ECO. Notwithstanding the foregoing, the Customer shall bear all risk ofloss or damage of
any kind with respect to all or any part of an ECO located at a Service Location, whether installed or not, and the
Customer shall indemnify and pay the Company for the repair or replacement of any ECO or component thereof
stolen, lost, destroyed or damaged at a Service Location, unless such loss or damage is directly caused by the
Company or an Subcontractor retained by the Company. Loss or damage to an ECO directly caused by the
Company or its Subcontractor shall be the responsibility of the Company. Each of the Parties' hereby releases and
waives, and will cause its insurers to release and waive, any right of subrogation against the Party.
12.2 Securitv Interest. (a) Notwithstanding the provisions of Section 12.1, following the Substantial
Completion Date and passage of title to the Customer, the Company or its assignee shall have a purchase money
security interest (to the extent permitted by law) in each installed ECO and the components thereof to secure the
compensation payable to the Company under the Master Agreement until paid in full. The Customer agrees (to the
extent permitted by law) to execute and deliver all documents requested by the Company or its assignee to protect
and maintain such purchase money security interest. (b) In addition to the purchase money security interest rights
described in (a) above, as security for the prompt, complete, and faithful performance wheu due of each obligation
of the Customer under this Master Agreement, the Customer hereby grants to the Company a security interest in and
to all of the right, title, and interest ofthe Customer in and to (1) any and all ECO's furnished and/or iustalled by the
Company under this Master Agreement (including ECO's listed in any schedules, exhibits, change orders, and
rg 2008, FPL Services, LLC, All Rights Reserved
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appendices hereto), and all accessions, accessories, parts, additions and attachments now or hereafter attached
thereto or used in connection with such ECO's, whether now or in the future owned by the Customer; (2) all
replacements of any such ECO's described in subsection (1) above, whether now or in the future owned by the
Customer; and (3) all products and proceeds of any of the foregoing ECO's described in (1) and (2) above ((1)
through (3), collectively the "Collateral"). The Customer grants to the Company all of the rights ofa secured party
under applicable law, including but not limited to the applicable provisions of the Uniform Commercial Code as in
effect from time to time. The Customer agrees (to the extent permitted by law) to execute and deliver all documents
requested by the Company or its assignee to protect and maintain such security interest, and to provide any other
information required by part 5 of Article 9 of the Uniform Commercial Code of the State of Florida, or such other
jurisdiction, for the sufficiency of filing office acceptance of any financing statement or amendment. The Customer
hereby irrevocably authorizes the Company at any time and from time to time to file in any filing office in any
Uniform Commercial Code jurisdiction any initial financing statements and amendments thereto that indicate the
Collateral.
12.3 Warranty of Title. Except as set forth in Section 12.2, the Company warrants good title to all
ECO's and components thereof furnished or installed by the Company or its Subcontractors, and the Company
warrants that title to such ECO's and components shall pass to and vest in the Customer as set forth in Section 12.1
free and clear of alllieus, claims, charges, security interests, encumbrances and rights of other parties arising as a
result of the actions or failure to act of the Company, its Subcontractors, or their employees.
12.4 Taxes. The Customer agrees to pay any taxes and assessments, whether real or personal, which
are now or hereafter imposed or assessed by any governmental authority, whether it be federal, state or local, with
respect to the installation, delivery, sale, use, operation or maintenance of the ECO's, and to make all filings in
respect of any such taxes and assessments. The Company shall have no obligation or liability with respect to any
property tax nor with respect to any income, excess profits, or revenue tax charged or levied against the Customer as
a result of this Master Agreement. The Company shall pay any sales and use taxes imposed on the ECO's prior to
the Company's delivery or installation of the ECO's, as required by applicable law, subject to any sales and use tax
exemptions available to the Company and the Customer. The Company will coordinate with the Customer to in an
effort to mitigate applicable sales tax associated with that the procurement equipment under this Master Agreement.
ARTICLE 13 - FORCE MAJEURE
If a Party is prevented or delayed in the performance of any such obligation by a Force Majeure Event,
such Party shall immediately provide notice to the other Party of the circumstances preveuting or delaying
performance and the expected duration thereof. Such notice shall be confirmed in writing as soon as reasonably
possible. The Party so affected by a Force Majeure Event shall endeavor, to the extent reasonable, to remove the
obstacles which prevent performance and shall resume performance of its obligations as soon as reasonably
practicable. Notwithstanding the foregoing, the occurrence of a Force Majeure Event shall not relieve the Customer
is payment obligations set forth in Article 3, Feasibility Study and Report and Article 4, Installation and
Implementation.
ARTICLE 14 - CHANGES
Upon receiving such a request, the Company may at its sole option prepare and deliver a proposed written
order pursuant to this Article 14 signed by the Company and the Customer authorizing a Change ("Change Order")
to the Customer listing the price of the Changes. If the Customer fails to return an executed Change Order, a sample
copy of which is attached to this Master Agreement as Schedule E, the Company shall have no obligation to
complete the Changes. Notwithstanding the foregoing, the Parties may agree to use an alternative form of a Change
Order. A Change also may result from any failure of the Customer, or its representatives or agents, to fulfill its
obligations hereunder, which failure materially adversely affects the Company's cost, schedule or performance
under this Master Agreement. Should any Change cause a material increase or decrease in the cost of or time
required for the Company's performance, or otherwise affect any provision of this Master Agreement, the Company
may propose an appropriate adjustment. The Company shall not be obligated to proceed with or perform any
Change requested by the Customer hereunder until the Parties have agreed in writing upon any such adjustments
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resulting from the Change. Except to the extent a Change specifically results in an amendment or adjustment to one
or more provisions of this Master Agreement, all provisions of this Master Agreement shall apply to all Change
Orders and no Change shall be implied as a result of any other Change. No Change Order shall be effective unless
snch Change Order is executed by a duly authorized person for the Company and the following person with the
corresponding title for the Customer:
(a) Change equal to 10% of the Implementation Price of an applicable Implementation Services
Authorization Form, but not greater than $100,000.00:
(i) Customer project manager identified in the Implementation Services Authorization Form;
(ii) Customer contract specialist; and
(iii) Customer project manager's director.
(b) Change equal to 10% of the Implementation Price of an applicable Implementation Services
Authorization Form, but greater than $100,000.00:
(i) Customer project manager identified in the Implementation Services Authorization Form;
(ii) Customer contract specialist;
(iii) Customer project manager's director; and
(iv) Customer project manager's division administrator.
(c) Change greater than 10% of the Implementation Price of an applicable Implementation Services
Authorization Form:
(i) Customer project manager identified in the Implementation Services Authorization Form;
(ii) Cnstomer contract specialist;
(iii) Customer project manager's director;
(iv) Customer project manager's division administrator;
(v) Office of the County Attorney; and
(vi) The Board of County Commissioners.
Notwithstanding the foregoing, the Parties may mutually agree in a written amendment to this Master Agreement
signed by both Parties to modify those persons which are authorized to execute Change Orders.
ARTICLE 15 - TERMINATION AND DEFAULT
15.1 Termination for Convenience. Either Party may terminate this Master Agreement, in its sole
discretion, at any time, without further liability, upon ten (10) days prior written notice to the other Party; provided,
however, that such termination shall not apply with respect to any Services or work of the Company previously
ordered by the Customer under an Authorization Form executed by the Customer on or prior to the tennination date.
With respect to any such previously ordered Services or work, including any previously implemented ECO or ECO
under implementation, this Master Agreement and the applicable Customer-authorized proposals, shall remain in
full force and effect in accordance with their terms, unless both Parties specifically agree in writing to the contrary.
~ 2008, FPL Services, LLC, An Rights Reserved
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16C2 N,
15.2 Tennination for Cause.
15.2.1 Termination bv Either Pam for Default. A Party shall have the right to tenninate this Master
Agreement or a Customer-authorized Implementation Services Authorization Form for cause if: (a) any proceeding
is instituted against a Party seeking to adjudicate such Party as bankrupt or insolvent, or if such Party makes a
general assignment for the benefit of its creditors, or if a receiver is appointed on account of the insolvency of such
Party, or if a Party files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency,
reorganization, winding up or composition or readjustment of debts and, in the case of any such proceeding
instituted against such Party (but not by such Party) such proceeding is not dismissed within sixty (60) days of such
filing; (b) the Customer fails to perform any payment obligation under this Master Agreement and fails to cure such
obligation within thirty (30) days written notice from the Company or as otherwise required to be in compliance
with Section 218.70, Florida Statutes, otherwise known as the Florida Prompt Payment Act; or (c) a Party
substantially fails to perform any non-payment obligation under this Master Agreement and fails to cure or
commence and diligently proceed to cure such obligation within thirty (30) days written notice from the other Party.
Subject to Article 6, in the case of such a tcnnination by a Party, to the exteut that the reasonable and necessary
costs of completing any Services previously ordered by the non-defaulting Party under this Master Agreement,
including compensation for obtaining a replacement contractor or for obtaining additional professional services
required as a consequence of the defaulting Party's breach, exceed those costs which would have been payable to the
defaulting Party but for the defaulting Party's breach, the defaulting Party shall pay the difference to the non-
defaulting Party. The Customer shall pay the Company an amount (to the extent not already paid) equal to the sum
of all ofthe Company's reasouable costs incurred in performing the Services up to the termination date, including all
costs incurred with respect to any Subcontractors; provided that the Company makes available to the Customer all of
the work product, equipment and materials produced or obtained by the Company in performing such Services
(except any and all intellectual property ofthe Company or third parties).
15.2.2 Payment. All amounts payable by either Party pursuant to Sections 15.1 and 15.2 shall be due
within thirty (30) days following the submission by the other Party of au invoice therefor, which invoice shall
include in reasonable detail an itemization of costs with respect to any amounts measured on the basis of
reimbursable costs. Reimbursable costs also shall be subject to audit by the other Party, at the other Party's expense
upon reasonable advance notice; provided that such audit shall be completed within sixty (60) days following the
submission of the invoice. Amounts not paid by either Party to the other when due hereunder shall bear interest,
from the date payment was due to and including the date of payment at the Delayed Payment Rate.
ARTICLE 16 - DISPUTES
16.1 No Set-Off. Anything to the contrary notwithstanding, all payments under this Master Agreement
shall be made without set-off or deduction. Any payment not made by the date required by the Master Agreement
shall bear interest from the date on which such payment was due and payable through and including the date such
payment is actually received at the Delayed Payment Rate. If, as a result of a Dispute settled in favor of Customer, a
refund is owed to Customer, then the amount of the overpayment shall bear interest from the date on which such
payment was received by the Company through and including the date that the overpayment is refunded by the
Company at an annual rate equal to the Delayed Payment Rate.
16.2 Pendency of Dispute. The existence of any Dispute, controversy or claim under this Master
Agreement, or the pendency of the Dispute settlement or resolution procedmes set forth in this Master Agreement,
shall not in and of themselves relieve or excuse either Party from its ongoing duties and obligations hereunder or
thereunder.
16.3 Alternative Dispute Resolution Process. Upon the written request of either Party, the Parties
will meet for the purpose of resolving such Dispute. The Parties agree to discuss the problem aud negotiate in good
faith to attempt to resolve the Dispute. No formal proceedings may be commenced until either Party concludes in
good faith that resolution of the Dispute through continued informal negotiations does not appear likely. Disputes
that cannot be settled to in a manner described via informal discussions may be settled, but shall not be obligated to,
mutually agree to non-binding mediation. Mediation must occur within twenty (20) business days after the Parties
agree to submit the dispute to mediation, and the duration of the mediation shall be limited to one (1) business day.
(t} 2008, FPL Services, LLC, All Rights Reserved Page 16 of 20
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The Parties shall mutually select an independent mediator experienced in commercial information system contract
disputes, and each Party shall designate a representative(s) to meet with the mediator in good faith in an effort to
resolve the Dispute. The specific format of the mediation shall be left to the discretion of the mediator and the
designated Party representatives.
ARTICLE 17 - ASSIGNMENT
17.1 Master Agreement Binding. This Master Agreement aud each Customer-anthorized Feasibility
Study and implementation of a Feasibility Report pursuant to a Customer-authorized Implementation Services
Authorization Form entered into by the Parties shall be binding upon, and shall inure to the benefit of, the Parties
and their successors and permitted assigns.
17.2 Permitted Assignment. (a) The Customer may not assign this Master Agreement without the prior
written consent of the Company. No such assignment by the Customer Of consent by the Company to the
Customer's assignment shall release the Customer of any of its obligations under this Master Agreement or any
associated supplements or Schedules. (b) The Company may, without notice to the Customer, assign this Master
Agreement, any supplements, or Schedules, and any of the Company's rights hereunder or thereunder.
Notwithstanding such assignment, the Company shall remain liable and responsible to the Customer for all of the
Company's obligations and other performance requirements set forth in this Master Agreement and all exhibits,
appeudices, Schedules, supplements, and attachments hereto. No assignee shall be responsible for any obligations
of the Company unless and until the Customer receives express written notice from such assignee which expressly
states that such assignee has assumed the obligations of the Company, and assumption of any of the Company's
obligations shall not bind any other assignee unless such assignee also expressly assumes such obligations in a
written notice issued to the Customer. Any assignee shall have the right (but not the obligation) to cure auy default
or breach by the Compauy of its obligations to the Customer in accordance with the terms of this Master Agreement.
No curing of any defaults or breaches by any assignee shall be construed as an assumption by any assignee of any of
the obligations, covenants, or Master Agreements of the Company. (c) Any assignment which does not comply with
the provisions of this Section 17.2 shall be null and void.
17.3 No Third PartY Beneficiaries. Except as otherwise expressly provided herein, this Master
Agreement nor any term or provision or obligation arising hereof or hereunder, shall be construed as being for the
benefit of any Party not a signatory hereto.
17.4 Timing of Receipt. Notices sent by mail shall be given as offour (4) busiuess days after the date
of the postmark, and notices delivered by overnight courier shall be deemed received on the date when left at the
address of the recipient. Notices sent by fax shall be effective the date faxed, if a business day, or the following
business day otherwise.
ARTICLE 18 - GENERAL PROVISIONS
18.1 Entire Master Agreement. This Master Agreement, including the Schedules attached hereto and
any exhibits attached thereto, sets forth the full and complete understanding of the Parties relating to the subject
matter hereof as of the Effective Date, and supersedes any and all negotiations, agreements and representations
made or dated prior hereto with respect to the subject matter of this Master Agreement. Any actions or Services
described in this Master Agreement which were performed or implemented by the Parties prior to the Effective Date
shall for all purposes be deemed to have been performed under this Master Agreement.
18.2 Amendments. No change, amendment or modification of this Master Agreement or Schedule or
exhibits thereto shall be valid or binding upon the Parties unless such change, amendment or modification shall be in
writing and duly executed by both Parties.
18.3 Status of the Parties. The Company and its Subcontractors shall be independent contractors with
respect to the Services performed hereunder irrespective of whether such Subcontractors are approved by the
Customer, and neither the Compauy nor its Subcontractors, nor the employees of either, shall be deemed to be the
(Q 2008, FPL Services, LLC, All Rights Reserved
Page 17 of20
Rev. 04/18/08
OR: 4360 PG: 2915
16C2
employees, representatives or agents of the Customer. Nothing in this Master Agreement shall be construed as
inconsistent with the foregoing independent contractor status or relationship, or as creating or implying any
partoership, joint venture, trust or other relationship between the Company and the Customer.
18.4 Customer & Comoanv. The Parties hereby represents and warrants to the other Party that (i) the
execution and delivery by a Party of this Master Agreement and the perfonnance of its obligations hereunder have
been duly authorized by all requisite actions and proceedings; are not inconsistent with and do not and will not
contravene any provisions of a Party's organizational documents or any applicable law, rule or regulation; have been
approved by all necessary persons or entities; and do not and will not conflict with or cause any breach or default
under any agreement or instrument to which a Party is a party or by which it or any of its properties is bound; and
(ii) this Master Agreement has been duly executed and delivered by the Parties and constitutes the valid and legally
binding obligation of each Party, enforceable against the other Party in accordance with its terms, except to the
extent that enforceability may be liruited by applicable bankruptcy, insolvency, reorganization, moratorium or
similar laws and subject to general equitable principles.
18.5 Draftiug Intemretations and Costs. Preparation and negotiation of this Master Agreement has
been a joint effort of the Parties and the resulting document shall not be construed more severely against one of the
Parties than against the other. Each Party shall be responsible for its own costs, including legal fees, incurred in
negotiating and finalizing this Master Agreement.
18.6 Cautions. The captions contained in this Master Agreement are for convenience and reference
only and in no way defme, describe, extend or limit the scope or intent of such document or the intent of any
provision contained therein.
18.7 Severabilitv/Divisible Contracts. (a) The invalidity of one or more phrases, sentences, clauses,
Sections or Articles contained in this Master Agreement shall not affect the validity of the remaining portions
thereof so long as the material purposes of such document can be detennined and effectuated. (b) Each Customer-
authorized proposal for Services under this Master Agreement shall constitute a separate and divisible contract
which the Company may assign to one or more assignees, in whole or in part, and each and every such assignee of
the Company shall be entitled to the benefits and rights of the Company under this Master Agreement, and shall be
entitled to exercise the rights of the Company under this Master Agreement. No assignee shall be responsible for
any obligations of the Company except as expressly assumed in \Witing by such assignee in accordance with the
tenns and conditions of Section 17.2.
18.8 Further Assurances. The Company and the Customer each agree to do such other and further acts
and things, and to execute and deliver such additional instruments and documents, as either Party may reasonably
request from time to time whether at or after the execution of this Master Agreement, in furtherance of the express
provisions of this Master Agreement.
18.9 Applicable Law and Venue. This Master Agreement shall be governed by, construed and enforced
in accordance with the laws of the State of Florida, exclusive of contlicts oflaws provisions. Any disputes resulting
in litigation between the Parties shall be conducted in the state or federal courts of the State of Florida. 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 or Broward County, Florida, which
courts have sole and exclusive jurisdiction on all such matters.
18.10 Countemarts. This Master Agreement may be signed in any number of counterparts and each
counterpart shall represent a fully executed original as if signed by both Parties.
18.11 Waiver of Jurv Trial. EACH OF THE PARTlES HERETO HEREBY KNOWlNGLY,
VOLUNTARILY AND lNTENTlONALLY WAlVES THE RIGHT EITHER OF THEM MAY HAVE TO A
TRIAL BY JURY IN RESPECT OF ANY LlTlGATlON BASED HERON, OR ARISlNG OUT OF, UNDER OR
IN CONNECTlON WITH THIS MASTER AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF
DEALlNG, OR STATEMENTS WHETHER ORAL OR PARTY HERETO. THIS PROVISJON IS A MATERIAL
JNDUCEMENT FOR THE PARTlES ENTERlNG lNTO THIS MASTER AGREEMENT.
\t:l2008, FPL Services, LLC, All Rights Reserved
Page 18 of20
Rev. 04/18/08
OR: 4360 PG: 2916
16C2
18.12 No Waiver. The failure of a Party to enforce, insist upon, or comply with any of the tenns,
conditions or covenants of this Master Agreement, or a Party's waiver of the same in any instance or instances shall
not be construed as a general waiver or relinquishment of any such terms, conditions or covenants, but the same
shall be aud remain at all times in full force and effect.
18.13 Notices. All notices, demands, offers or other written communications required or permitted to be
given pursuant to this Master Agreement shall be in writing signed by the Party giving such notice and shall be
mailed by U.S. Mail, postage prepaid, via courier or faxed as follows:
Iflo the Companv:
FPL Services, LLC
PO BOX 14000
Juno Beach, FL 33408-0420
Fax: (561) 691-76[[
Tel.: (561) 681-3079
Attention: Manager Engineering
& Construction
If to the Customer:
Board of County Commissioners, Collier County, Florida
3301 East Tamiami Trail
Naples, FL 34112
Fax: (239) 252-5378
Tel.: (239) 252-2540
Attention: Administrator, Public Utilities Division
Each ParIy shall have the right to change the place to which notices shall be sent or delivered or to specify additional
addresses to which copies of notices may be sent, in either case by similar notice sent or delivered in like manner to
the other Party.
[SIGNATURES ON FOLLOWING PAGE]
<<:l 2008, FPL Services, LLC, All Rights Reserved
Page 19 of20
Rev. 04/18/08
OR: 4360 PG: 2917
16C2
IN WITNESS WHEREOF, the Parties hereto have executed this Master Agreemeut by and through their duly
authorized representatives as of the Effective Date.
Authorized By the Company:
FPL Services, LLC,
a Florida limited liability company
ATTEST: , . "
DWIGHTE. BROCK, Clerk
,.'
.
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BOARD OF.COLLlER COUNTY
~~~L~i:2~i~~THE ~~~~~?g~g~~ OF THE .~...:
By: , ,:JfJ1----'
TOM HENNING, Chairman
Apprav
l.......-_,
By:
Assistant County Attorney
rg 2008, FPL Services, LLC, All Rights Reserved
Page 20 of 20
Rev. 04/18/08
OR: 4360 PG: 2918
16C2
SCHEDULE A
FEASIBILITY STUDY AUTHORIZATION FORM
Proiect Name: Collier Countv Public Utilities Division
Service Location: See Scope
Comoanv: FPL Services, LLC
Customer: Board of County Commissioners of Collier County
Comoanv Reoresentative:
Name:
Address:
Telephone:
E-mail:
Customer Reoresentative:
Name:
Address:
David Russell, P.E.
FPL Services, LLC
PO Box 14000
700 Universe Boulevard
Juno Beach, Florida 33408
(561) 681-3079
david Jusselljr@tpl.com
Telephone:
Facsimile:
E-mail:
Karen B. Guliani, P.E.
Public Utilities Engineering Department
3301 E. Tamiami Trail
Naples, FL 34112
239-252-6083
239-530-6460
karenguliani@colliergov.net
1. AUTHORIZATION:
This Feasibility Authorization Form ("Form") is issued by the Company to the Customer pursuant to that certaiu
Master Agreement for Demaud Side Mauagement and Energy Efficiency Services ("Master Agreement"), effective
as of _ day of ,20_. This Form authorizes the Company to commence Services as described herein
pursuant to the terms aud conditions of the Master Agreement. This Form is not intended as a Change and in no
way amends, varies or modifies the Master Agreement. Any alternate, different or additional terms or conditions
referenced by the Customer in subsequent correspondence from the Customer are hereby rejected and will not
become part of this Form or other the Master Agreement uuless expressly set forth aud incorporated herein. In order
for the Company to commence Service set forth in this Fonn, the Customer is required to sign this Form.
Capitalized tenus used herein without other definition shall have the meanings set forth in the Master Agreement.
This Form consists of this Feasibility Study Authorization Form and the following attachments, which are
incorporated into this Form by this reference: (i) Exhihit A-Feasibility Study, and (ii) Exhibit B-Feasibility Study
Price.
lI. SCOPE OF WORK:
The Company shall prepare a Feasibility Report which shall set for the Services reccommeuded ECO(s) for the
implementation at the Service Location identifed above, as more particularly described in the Feasibility Study,
attached hereto aud made a part hereof as Exhibit A. The Feasibility Study shall include savings guarantee
provisions in accordance with Florida Statute 489.145.
lIl. FEASlBILlTY STUDY PRICE:
Subject to Section 3.5 of the Master Agreemeut, the Customer shall compensate the Company for the Services
provide in connection with the creation and development of the Feasibility Report for the price set forth iu Exhibit
B.
This Form is being provided by the Company to the Customer, acknowledging acceptance of the Services specified
in this Form, and the Master Agreement, which is incorporated hereiu. The Customer has examined and carefully
~ 2008, FPL Services, LLC, An Rights Reserved
Schedule A Page 1 of 5
OR: 4360 PG: 2919
studied all of this Fonn, including the Master Agreement and all exhibits, appendices, specifications, terms and
conditions thereto and hereby agrees to be bound by any and all terms, conditions, and obligations set forth therein.
THIS FORM IS HEREBY ISSUED BY THE COMPANY TO THE CUSTOMER ON THIS 9AY OF
,200_ ("Effective Date"). 10 C 2
IN WITNESS WHEREOF, the Parties have executed this Form as of the Effective Date.
Authorized By the Company:
FPL Services, LLC,
a Florida limited liability company
BY: ~'~
NAME: Greg'Ha on
TlTLE: Vice Pres.ige.. ~
DATE: <:F'J '1"
,
Acknowledged by the Customer:
Board of County Commissioners, Collier County, FL
Public Utilities ivision
BY:
NAME:
TlTLE:
DATE:
.
{;(P ~ tL)
Approve
ATTEST . ,":c, '"
",' .,' .,'J,
DWIGHT f,BRUG~ . cr~h.
.' ''<
c~
By:
Assistant Collier County Attorney
By:
A~a .
.t~.OI'~
@ 2008, FPL Services, LLC, All Rights Reserved
Schedule A Page 2 of 5
OR: 4360 PG: 2920
16C2
EXHIBIT A
FEASIBILITY STUDY
Project Name: Collier County Public Utilities Division
ECO: Various Energv Conservation Opportunities
The target payback period shall be ten (10) years for the sum of proposed ECOs in this Scope of Services. The
Company will identify and to the extent possible and pass through for the Customer's benefit any extended
warranites provided by the equipment manufacturers for any ECOs that would be installed under applicable
Implementation Services. The Scope of Services includes the following:
North Water Treatment Plant:
. Investigate replacement of membranes (12 mgd nanofiltration at North Plant and 8 mgd RO at both plants).
. Investigate high efficient motor replacement opportunities.
. Investigate variable frequency drive applications.
. Investigate replacement of aging packaged air conditioning systems (approximately 8 units).
. Investigate replacement of high bay lighting fixtures (approximately 25 fixtures).
. Investigate occupancy sensors, day-lighting and/or photocells.
. Investigate compact fluorescent and T -8 retrofit opportunities.
. Investigate possible solar photovoltaic or other applicable renewable application.
. Investigate possible solar or heat recovery water heating application.
South Water Treatment Plant:
. Investigate replacement of membranes (12 mgd nanofiltration at North Plant and 8 mgd RO at both plants).
. Investigate high efficient motor replacement opportunities.
. Investigate variable frequency drive applications.
. Investigate replacement of aging packaged air conditioning systems (approximately 8 units).
. Investigate replacement of high bay lighting fixtures (approximately 25 fixtures).
. Investigate occupancy sensors, day-lighting and/or photocells.
. Investigate compact fluorescent and T -8 retrofit opportunities.
. Investigate possible solar photovoltaic or other applicable renewable application.
. Investigate possible solar or heat recovery water heating application.
North Waste Water Treatment Plant:
. Investigate variable frequency drive application for blowers.
. Investigate low flow water closets and faucets, etc.
. Investigate replacement of aging packaged air conditioning systems (approx. 10 units).
. Investigate replacement of high bay fixtures.
. Investigate occupancy sensors, day-lighting and/or photocells.
. Investigate compact fluorescent'and T-8 retrofit opportunities.
. Investigate possible solar photovoltaic or other applicable renewable application.
. Investigate possible solar or heat recovery water heating application.
South Waste Water Treatment Plant:
. Investigate variable frequency drive application for blowers.
. Investigate low flow water closets and faucets, etc.
. Investigate replacement of aging packaged air conditioning systems (approx. 10 units).
. Investigate replacement of high bay fixtures.
. Investigate occupancy sensors, day-lighting and/or photocells.
. Investigate compact fluorescent and T -8 retrofit opportunities.
. Investigate possible solar photovoltaic or other applicable renewable application.
. Investigate possible solar or heat recovery water heating application.
<D 2008, FPL Services, LLC, All Rights Reserved
Schedule A Page 3 of 5
OR: 4360 PG: 2921
Pumping Stations to be assessed in the following priority order:
1. Raw Water Booster Pump Station
2. Carica Road Facility
3. Manatee Road Facility
4. Isles of Capri Facility
5. Goodland Facility
6. Vanderbilt Drive Booster Station
16C2
The following two items will be included in the evaluation of each of the listed pumping stations:
. Investigate high efficient motor replacement opportunities.
. Investigate variable frequency drive applications.
<<il 2008, FPL Services, LLC, All Rights Reserved
Schedule A Page 4 of 5
OR: 4360 PG: 2922
16C2
,. '-';
SCHEDULE A
EXHmIT B
FEASmlLITY STUDY PRICE
ECO Price: $52,344
Payment Schedule/Payment Deferral Option: Payment will be invoiced in full upon completion of the Feasibility
study after 60 days from date of acceptance. As an option to Collier County Government, payment will be deferred
upon execution of Schedule B, Implementation Services Agreement, of this contract.
Address for Invoice: see Customer Contact Information
Retainage Tenns: N/A
Additional Final Payment Conditions: N/A
@ 2008, FPL Services, LLC, All Rights Reserved
Schedule A Page 5 of 5
OR: 4360 PG: 2923
16C2
r',{
)> SCHEDULES B. C. D AND E ARE SAMPLE COPIES ONLY AND ARE NOT AUTHORIZED AT
THIS TIME.
)> ALL SCHEDULES ARE REOillRED TO BE IMPLEMENTED AND TO BE IN COMPLIANCE
WITH THE COLLIER COUNTY PURCHASING POLICY AND ADMINISTRATIVE
PROCEDURES IN EFFECT AT THE TIME SUCH SCHEDULES ARE AUTHORIZED.
CHANGES WILL THEN BE MADE TO EACH SAMPLE SCHEDULE TO ASSURE THEY ARE
IN COMPLIANCE.
SCHEDULE B (SAMPLE COPY ONLY)
IMPLEMENTATION SERVICES AUTHORIZATION FORM
Proiect Name: Collier County Public Utilities Division
Service Location: See Scope
Company: FPL Services, LLC
Customer: Board of County Commissioners of Collier County
Comoanv Reoresentative:
Name:
Address:
Telephone:
Facsimile:
E-mail:
Customer Reoresentative:
Name:
Address:
David Russell, P.E.
FPL Services, LLC
PO Box 14000
700 Universe Boulevard
Juno Beach, Florida 33408
(561) 681-3079
(561)
david Jusselljr@fpl.com
Telephone:
Facsimile:
E-mail:
Karen B. Guliani, P.E.
Public Utilities Engineering Department
3301 E. Tamiami Trail
Naples, FL 34112
239-252-6083
239-530-6460
karenguliani@colliergov.net
l. AUTHORlZATlON:
This Implemeutation Services Authorization Form ("Form") is issued by the Company to the Customer pursuant to
that certain Master Agreement for Demand Side Management and Energy Efficiency Services ("Master
Agreement"), effective as of _ day of , 20__. This Form authorizes the Company to commence
Services as described herein pursuant to the terms and conditions of the Master Agreement. This Form is not
intended as a Change and in no way amends, varies or modifies the Master Agreement. Any alternate, different or
additional terms or conditions referenced by the Customer in subsequent correspondence from the Customer are
hereby rejected and will not become part of this Form or other the Master Agreement unless expressly set forth and
incorporated herein. In order for the Company to commence Service set forth in this Form, the Customer is required
to sign this Form. Capitalized tenus used herein without other defmition shall have the meanings set forth in the
Master Agreement.
This Form consists of this Implementation Services Authorization Form and the following attachments, which are
incorporated into this Form by this reference: (i) Exhibit A - Feasibility Report, (ii) Exhibit B - Implementation
Price and (iii) Exhibit C - Energy Service Charge Option.
11. SCOPE OF WORK:
The Company shall implement the Feasibility Report which shall set for the Services recommended ECO(s) and the
implementation at the Service Location identifed above, as more particularly described in the Feasibility Report,
attached hereto and made a part hereof as Exhibit A.
111. IMPLEMENTATlON SERVICES PRlCE:
C9 2008, FPL Services, Lf ~C, All Rights Reserved
Schedule B Page 1 of 10
OR: 4360 PG: 2924
16C2
Subject to Section 3.5 of the Master Agreement, the Customer shall compensate the Company for the Services
provide in conoection with the implementation of a Feasibility Report and any deferral payment obligations due for
the Company's implementation and delivery of the ECO(s) at the Service Locations indentified in the Feasibility
Report to the Customer, which shall be set forth in Exhibit B.
MASTER AGREEMENT
Schedule B Page 4 of 6
rev. 3-14-05
OR: 4360 PG: 2925
1~6C2
' H'1
The Customer and the Company may elect to enter into a separate payment agreement if the Customer chooses to
fulfil its payment obligations hereunder via an energy service charge option in accordance with the tenus set fort in
Exhibit B, which is made part hereof as Exhibit C.
IV. CUSTOMER COOPERA nON:
The Customer shall use reasonable efforts to assist the Company in perfonning the Services contemplated by this
Form, including providing reasonable access to each Service Location, providing information concerning each Service
Location, making appropriate Customer persmmel available if requested by the Company to assist the Company in
perfonning such Services, and taking any other actions the Company may reasonably request from time to time to
achieve the purposes and intent ofthis Schedule and the Master Agreement.
This Form is being provided by the Company to the Customer, acknowledging acceptance of the Services specified
in this Form, and the Master Agreement, which is incorporated herein. The Customer has examined and carefully
studied all of this Form, including the Master Agreement and all exhibits, appendices, specifications, tenus and
conditions thereto and hereby agrees to be bound by any and all tenus, conditions, and obligations set forth therein.
THIS FORM IS HEREBY ISSUED BY THE COMPANY TO CUSTOMER ON THIS DAY OF
,200_ ("Effective Date").
IN WITNESS WHEREOF, the Parties have executed this Form as of the Effective Date.
Authorized By the Company:
FPL Services, LLC,
a Florida limited liability company
Acknowledged by the Customer:
Board of County Commissioners, Collier County, FL
Public Utilities Division
BY:
NAME:
TITLE:
DATE:
BY:
NAME: Greg Hanlon
TITLE: Vice President
DATE:
Approved at to form and legal sufficiency:
By:
, (Type name)
Assistant Collier County Attorney
iQ 2008, FPL Services, LLC, All Rights Reserved
Schedule B Page 2 of 10
SCHEDULE B (SAMPLE COPY ONLY)
EXHIBIT A
FEASIBILITY REPORT
Project Description: IPROVIDE GENERAL DESCRIPTION OF PROJECT]
Service Location:
Scope of Services: [ATTACH DETAILED SCOPE OF SERVICES]
Procurement Services: [SPECIFY ANY PROCUREMENT OBLIGATIONS]
@2008, FPL Services, LLC, All Rights Reserved
Schedule B Page 3 of 10
OR: 4360 PG: 2926
16C2
SCHEDULE B (SAMPLE COPY ONLY)
EXHIBIT B
IMPLEMENTATION PRICE
ECO Price:
Payment SchedulelPayment Deferral Option:
Form of Invoice:
Address for luvoice:
Retainage Terms:
Additional Final Payment Conditions:
~ 2008, FPL Services, LLC, All Rights Reserved
Schedule B Page 4 of 10
OR: 4360 PG: 2927
16C2
OR: 4360 PG: 2928
16C2
SCHEDULE B (SAMPLE COPY ONLY)
EXHmIT C
ENERGY SERVICE CHARGE PAYMENT OPTION
1. Enerev Service Charee for Accepted Services. As payment in full to the Company for such
Services performed by the Company and accepted by the Customer, the Customer agrees to pay a monthly charge (the
"Energy Service Charge") as descnbed in this Section 3.
2. Invoicine: and Payment. The Company shall invoice or cause the Customer to be invoiced an
Energy Service Charge of $ each month through the Customer's electric utility bill. The
Customer agrees to execute and deliver to the Company and to Florida Power & Light Company (the "Utility") a
consent to the Utility invoicing such Energy Service Charges through the Customer's electric utility bill, substantially
in the form of Appendix I hereto. Such iuvoicing will commence with the fIrst electric utility bill which occurs thirty
(30) days or more after the effective date of the Substantial Completion Date, and will continue for
L-J months thereafter unless, prior to such date this Form is terminated in accordance with (i) Article 15,
Termination and Default in the Master Agreement, (ii) Section 4 herein, Early Termination or (iii) Section 5 herein,
Termination for the Default of the Customer herein. If (i) the Utility is not permitted to or will not invoice the Energy
Service Charges as part ofthe Customer's electric utility bill, (ii) the Customer ceases to be a customer of the Utility, or
(iii) the Company elects at any time by written notice to the Utility (with a copy provided to the Customer) to assume
the obligations of the Utility for such invoicing, the Customer agrees that the Company or any other Person or entity
designated in writing by the Company to the Customer, may invoice the Customer for the Energy Service Charges, and
the Customer shall pay such invoiced Energy Service Charges to the Company or to any such other Person or entity, as
the Customer may be directed in writing by the Company; provided, that upon assigument of this Exhibit C to Schedule
B by the Company to any assignee, such assignee shall have the right to invoice the Customer for such Energy Service
Charges and to instruct the Customer to direct payments of such amounts to any other person or entity, and the
Customer shall remit payments as so instructed by such assignee. Each Energy Service Charge shall be payable within
twenty one (21) days from the date of the invoice. Any amounts payable pursuant to this Exhibit C to Schedule B
which are not received by the person or entity to which such payments are payable pursuant to this Exhibit C to
Schedule B on the date when due, shall bear interest from the due date thereof until and including the date of payment
at a rate per month equal to one and one half percent (1.5%) or, if less, the maximum rate permitted by applicable law.
3. Pavments Final. The Customer acknowledges and agrees that the Company may assign this Exhibit
C to Schedule B to one or more assignees and that pursuant to any such assignment, the Customer shall make all
payments required under this Exhibit C to Schedule B as directed by any such assignee or assignees. The Customer's
obligation to pay the Energy Service Charges and all other amounts payable hereunder to each such assignee shall be
absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including, without
limitation, (a) any set-off, abatement, counterclaim, suspension, recoupment, reduction, rescission, defense or other
right that the Customer may have against the Company, the Utility, any Vendor or manufacturer of any equipment,
systems or other part installed pursuant to the perfonnance of any accepted Services or any part thereof, any contractor
of the Company or any other person or entity for any reason whatsoever, (b) any defect in or failure of title,
merchantability, condition, design, compliance with specifications, operation or fitness for use of all or any part of any
equipment, systems or other part installed pursuant to the performance of any accepted Services or any defect in the
design, workmanship or services relating to any accepted Services or the Master Agreement, (c) any damage to, or
removal, abandonment, requisition, taking, condemnation, loss, theft or destruction of all or any part of any equipment,
systems or other part installed pursuant to the performance of any accepted Services or any interference, interruption,
restriction, curtaihnent or cessation in the use or possession of any equipment, systems or other part installed pursuant
to the performance of any accepted SeIVices by the Customer or any person or entity for any reason whatsoever or of
whatever duration, (d) any insolvency, bankruptcy, reorganization or similar proceeding by or against any of the
Company, the Utility or any other person or entity, (e) the invalidity, illegality or unenforceability of this Exhibit C to
Schedule B or the Master Agreement or any other agreement or instnunent referred to herein or therein or any other
infIrmity herein or therein or any lack of right, power or authority of the Customer, the Company, the Utility or any
other person or entity to enter into this Exhibit C to Schedule B or the Master Agreement or to perform the obligations
herennder or thereunder or consummate the transactions contemplated hereby or thereby or any Force Majeure Event,
impossibility, frustration or failure of consideration, (f) the breach or failure of any warranty or representation or
@ 2008, FPL Services, LLC, All Rights Reserved
Schedule B Page 5 of 10
OR: 4360 PG: 2929
16C2
.iI Ii;.~
" :;;
covenant made in this Exhibit C Schedule B or in the Master Agreement or in any other agreement or instnunent
referred to herein or therein, by any of the Customer, the Company or any other person or entity, or (g) any other
circumstance or event whatsoever, whether or not similar to any of the foregoing. To the extent pennitted by
applicable law, the Customer hereby waives any and all rights which it may now have or which at any time hereafter
may be conferred upon it, by statute or otherwise to terminate, cancel, quit or surrender this Exhibit C to Schedule B,
except in accordance with the express terms hereof. Iff or any reason whatsoever this Exhibit C to Schedule B shall be
terminated in whole or in part by operation oflaw or otherwise, except as specifically provided herein, the.Customer
nonetheless agrees to the maximum extent pennitted by law, to pay to any such assignee or assignees of the Company,
an amount equal to each Energy Service Charge due and owing, at the time such payment would have become due and
payable in accordance with the terms hereof had this Exhibit C to Schedule B not been terminated in whole or in part.
Each payment of the Energy Service Charges made by the Customer hereunder shall be fmal and the Customer shall
not seek or have any right to recover all or any part of such payment from any such assignee or assignees of the
Company for any reason whatsoever. Notwithstanding the foregoing, nothing coutained herein shall be construed to
affect any obligation of the Company to the Customer or to waive any rights the Customer may have to pursue any
claim against the Company or any Vendor or Subcontractor of the Company pursuant to the Master Agreement.
4. Earlv TerminatiOlL The Customer may tenninate this Exhibit C to Schedule B at any time upon
thirty (30) days' prior written notice to the Company and receipt by the Company or any designee or assignee thereof
of the amount set forth in Appendix II attached hereto, applicable to the date of such tennination.
5. Termination for Defauit of the Customer. In the event the Customer fails to observe any
provision of this Fonn, the Company may, by written notice to the Cnstomer specifying the tennination date (a
"Notice of Default"), tenninate this Form and accelerate all amounts payable hereunder, and on the termination date
specified in the Notice of Default, the Customer shall pay to the Company the amount set forth in Apnendix III
attached hereto, corresponding to such termination date, together with any other amounts then payable pursuant to this
Form. The Customer shall also pay to the Company or any designee or assignee thereof, upon demand therefor, all
costs incurred or expended by the Company or any designee or assignee thereof, including reasonable fees and
disbursements of counsel, in connection with any snch breach by the Customer of any of its obligations under this
Form and any collection or other enforcement proceedings arising ont of any such breach by the Customer, in each
case, upon demand therefor.
@ 2008, FPL Services, LLC, All Rights Reserved
Schedule B Page 6 of 1 0
OR: 4360 PG: 2930
SCHEDULE B (SAMPLE COPY ONLY)
16C2
EXHIBIT C
APPENDIX I
CUSTOMER CONSENT
THIS CONSENT is made as of the this _ day of _
Customer with reference to the followiug:
___, 200~ (the "Effective Date"), by the
RECITALS
WHEREAS, the Customer and FPL Services, LLC (the "Company") have entered into a Master Agreement
for Demand Side Management and Energy Efficiency Services, dated as of this _ day of
200_ (the "Master Agreement"), and certain related agreements, including the Implementation Services
Authorization Form, dated as oflhis __ day of _______,200__ ("Form"); and
WHEREAS, pursuant to Section 2 of the Exhibit C to Schedule B of the Form, the Company may cause the
Customer to be invoiced for the Energy Service Charges payable pursuant to the Form by Florida Power & Light
Company ("Utilily") through the Customer's monthly electric utility bill;
NOW THEREFORE, in consideration of the mutual promises and agreements set forth in the Master
Agreement and in order to induce the Company to enter into the Form, the Customer hereby consents to and
acknowledges the following:
1. Consent to Invoicin!! bv Utility. The Customer hereby (a) consents to Utility invoicing the Customer for all
DSM Service Charges specified in this Consent through the Customer's montWy electric utility bill, (b) agrees to
promptly pay all such amounts to Utility pursuant to the terms and conditions of each such electric utility bill and
(c) agrees that from and after receipt by the Customer of written notice from the Company that the Company (or any
other person or entity designated in writing by the Company) has assumed all of Utility's invoicing obligations, the
Customer shall pay all invoiced DSM Service Charges to the Company or to such other person or entity specified in
writing by the Company.
2. Acknowled!!ement of DSM Service Char!!es. The Customer hereby acknowledges its obligation to pay the
following energy service charges (the "DSM Service Charges") pursuant to Section 2 of Exhibit C to Schedule Band
agrees to be invoiced for such DSM Service Charges by Utility:
Monthly DSM Service Charge: $ <<MontWL DSM _Charge>>
Total Number of Monthly DSM Service Charges: <<No ~ OC MontWy.pSM _Charges>>
Estimated Commencement Date ofFP&L Invoices: ((Commence_Date)>, <<Commence_Year))
The Customer acknowledges and agrees that each monthly DSM Service Charge invoiced hereunder shall be payable
within twenty one (21) days of the date of the invoice therefore or as otherwise required to be in compliance with
Section 218.70, Florida Statutes, otherwise known as the Florida Prompt Payment Act, and that any amounts
payable pursuant to any such invoice which are not received by the person or entity to which such payments are
payable pursuant to such invoice on the date when due, shall bear interest from the due date thereof until and including
the date of payment at a rate per month equal to one and one half percent (1.5%) or, ifless, the maximum rate pennitted
by applicable law, such late payments when received to be applied first to the payment of accrued interest and then to
the payment of outstanding DSM Service Charges. The Customer further acknowledges and agrees that Utility shall
apply all amounts received from the Customer as follows: (OPTION B shall apply if neither option is indicated):
OPTlON A [ ] flfst, against amounts then owed by the Customer to Utility and second, against any DSM Service
Charges and other amounts then owed by the Customer to the Company; OPTlON B [ ] flfSt, against any DSM Service
~ 2008, FPL Services, LLC, All Rights Reserved
Schedule B Page 7 of 10
OR: 4360 PG: 2931
16C2
Charges and other amounts then owed by the Customer to the Company and second, against amounts then owed by the
Customer to Utility. Any
~ 2008, FPL Services, LLC, All Rights Reserved
Schedule B Page 4 of 10
OR: 4360 PG: 2932
16C2
overpayment by the Customer of its monthly utility bill, in excess of the amoWlts due and payable thereWlder, shall be
applied against subsequent amoWlts becoming due and payable to Utility, unless the Customer specifically directs
Utility to apply such overpayment against subseqnently invoiced DSM Service Charges.
3. Reliance by the Company and Utility. The Customer hereby agrees to be bOWld by this Consent and
acknowledges and agrees that the Company and Utility may rely upon this Consent.
IN WITNESS WHEREOF, the Cnstomer has executed this Consent by and through its duly authorized representatives
as of the Effective Date.
Authorized By the Company:
FPL Services, LLC,
a Florida limited liability company
Acknowledged by the Customer:
Board of COWlty Commissioners, Collier County, FL
Public Utilities Division
BY:
NAME:
TlTLE:
DATE:
BY:
NAME: Greg Hanlon
TlTLE: Vice President
DATE:
Approved at to form and legal sufficiency:
By:
, (Type name)
Assistaut Collier County Attorney
SCHEDULE B (SAMPLE COPY ONLY)
EXHIBIT C
APPENDIX II
EARLY TERMINATION OF CUSTOMER CONSENT
@ 2008, FPL Services, LJ .C, All Rights Reserved
Schedule B Page 9 of 10
SCHEDULE B (SAMPLE COPY ONLY)
EXHmIT C
APPENDIX III
DEFAULT TERMINATION PAYMENT SCHEDULE
@2008, FPL Services, LI.C. All Rights Resl.'TVcd
Schedule B Page 10 of 10
OR: 4360 PG: 2933
16C2
..R.
v ,
4360 PG: 2934
SCHEDULE C (SAMPLE COpy ONLY)
16C2
NOTICE OF SUBSTANTIAL COMPLETION (SAMPLE COPY)
Proiect Name: Collier County Public Utilities Division
Service Location:
Comoanv: FPL Services, LLC
Customer: Board of County Commissioners of Collier County
Comoanv Reoresentative:
Name:
Address:
Telephone:
E-mail:
Customer Reoresentative:
Name:
Address:
David Russell, P.E.
FPL Services, LLC
PO Box 14000
700 Universe Boulevard
Juno Beach, Florida 33408
(561) 681-3079, Facsimile:(561)
david _ russelljr@fpl.com
Karen B. Guliani, P .E.
Public Utilities Engineering Department
3301 E. Tamiami Trail
Naples, FL 34112
Telephone: 239-252-6083, Facsimile: 239-530-6460
E-mail: karenguliani@colliergov.net
EFFECTIVE DATE OF SUBSTANTlAL COMPLETION: ("Effective Date")
This Notice of Substantial Completion certificate is issued by the Company to the Customer pursuant to that certain
Master Agreement for Demand Side Management and Energy Efficiency Services ("Master Agreement"), effective
as of _ day of , 20_. Initial capitalized words used herein but not defined shall have the meaning
ascribed to such words in the Master Agreement.
The Customer certifies that as of the Effective Date written above, the
Completion of the Services required pursuant to the above-mentioned
Implementation Service Authorization Form effective as of date of
accordance with the Master Agreement.
Company has achieved Substantial
Service Location pursuant to the
_' 20 all in strict
A list of Punch List items to be completed or corrected by the Company is attached hereto as Exhibit A. In accordance
with Sectiou 4.2 of the Master Agreement, the Company will complete or correct the Punch List items listed in Exhibit
A.
The Services have been reviewed by the Customer and based on that review and the infonnation provided by the
Company, the Customer has executed this Notice of Substantial Completion, without modifying the Parties obligations
under the Master Agreement.
IN WITNESS WHEREOF, the Compauy and Customer have made and executed this Notice of Substantial Completion
by and through their duly authorized representatives as of the Effective Date written above.
Authorized By the Company:
FPL Services, LLC,
a Florida limited liability company
Acknowledged by the Customer:
Board of County Commissioners, Collier County, FL
Public Utilities Division
BY:
NAME:
TITLE:
DATE:
BY:
NAME: Greg Hanlon
TITLE: Vice President
DATE:
Approved at to form and legal sufficiency:
By:
, (Type name)
Assistant Collier County Attorney
SCHEDULE C (SAMPLE COPY ONLY)
(Q 2008, FPL Services, LLC, All Rights Reserved
Schedule C Page 2 of 2
EXHIBIT A
PUNCHLIST
OR: 4360 PG: 2935
16C2
IINSERT PUNCHLIST ITEMS TO BE COMPLETED]
1:{':l2008, FPL Services, LLC, All Rights Reserved
Schedule B Page 4 of 10
SCHEDULE D (SAMPLE COPY ONLY)
OR: 4360 PG: 2936
16G2
FlNAL ACCEPTANCE CERTIFICATE (SAMPLE COPY)
Proiect Name: Collier County Public Utilities Division
Service Location:
Companv: FPL Services, LLC
Customer: Board of County Commissioners of Collier County
Comoanv Representative:
Name:
Address:
Telephone:
E-mail:
Customer Representative:
Name:
Address:
David Russell, P.E.
FPL Services, LLC
PO Box 14000
700 Universe Boulevard
Juno Beach, Florida 33408
(561) 681-3079, Facsimile:(561)
david Jusselljr@fpl.com
Telephone:
E-mail:
Karen B. Guliani, P.E.
Public Utilities Engineering Department
330 I E. Tamiami Trail
Naples, FL 34112
239-252-6083, Facsimile: 239-530-6460
karenguliani@colliergov.net
EFFECTIVE DATE OF FlNAL ACCEPTANCE: ("Effective Date")
This Final Acceptance Certificate ("Certificate") is issued by the Company to the Customer pursuant to that certain
Master Agreement for Demand Side Management and Energy Efficiency Services effective as of _ day of
,200_, between the Customer and the Company (the "Master Agreement"). Initial capitalized
words used herein but not defined shall have the meaning ascribed to such words in the Master Agreement.
The Customer certifies that as of the Effective Date written above, the Company has achieved final completion of
the Services required pursuant to the above-mentioned Service Location in pursuant to the Implementation Service
Authorization Form effective as of date of , 20 , all in strict accordance with the Master
Agreement.
This Certificate and the certifications of the Customer set forth herein and on any Certificate may be relied on by the
Company aud by any assiguee of the Company in connection with the furnishing of the Implementation Services
fmancing to the Customer in accordance with the provisions of the Master Agreement. Any assignee of the Company
shall be entitled to the rights, but not the obligations, of the Company under this Schednle.
This Form is being provided by the Company to the Cnstomer, acknowledging acceptance of the Services specified
in this Form, and the Master Agreement, which is incorporated herein. The Customer has examined and carefully
studied all of this Form, including the Master Agreement and all exhibits, appendices, specifications, terms and
conditions. IN WITNESS WHEREOF, the Parties have executed this Certificate as of the Effective Date.
Authorized By the Company:
FPL Services, LLC,
a Florida limited liability company
Acknowledged by the Customer:
Board of County Commissioners, Collier County, FL
Public Utilities Division
BY:
NAME:
TlTLE:
DATE:
BY:
NAME: Greg Hanlon
TITLE: Vice President
DATE:
Approved at to form and legal sufficiency:
By:
, (Type name)
Assistant Collier County Attorney
(Q 2008, FPL Services, LLC, All Rights Reserved
Schedule D Page I of 1
OR: 4360 PG: 2937
16C2
SCHEDULE E (SAMPLE COPY ONLY)
CHANGE ORDER (SAMPLE COPY)
Proiect Name: Collier County Public Utilities Division
Service Location:
Comoanv: FPL Services, LLC
Customer: Board of County Commissioners of Collier County
ECO NO.:
DATE OF THIS CHANGE ORDER: ("Effective Date")
CHANGE ORDER NUMBER:
This Coutract Change Order ("Change Order") by and between the Customer and the Company, with reference to the
above indicated Service Locations and ECO(s). This Change Order is issued pursuant to that certain Master
Agreement for Demand Side Management and Energy Efficiency Services effective as of _ day of
._,200__, between the Customer and the Company (the "Master Agreement"). Capitalized tenns
used herein without other defmition shall have the meanings set forth in the Master Agreement.
This Change Order is dated and effective as of the Contract Change Effective Date issued pursuant to the above
indicated Service Locations and ECO(s).
The Company and the Customer hereby authorize the following modifications and changes to the [Feasibility Study
referenced in the Feasibility Study Authorization Form effective as or this _ day of
200_] IFeasibility Report referenced in the Implementation Services Authorization Form effective as or this
_ day or , 200 _lIMaster Agreement]:
(1) ADDITIONAL SERVICES AUTHORlZED. The Customer hereby authorizes the Company to perform the
following additional items of work (in addition to all other Services described in the Master Agreement) and the
IFeasibility PrlcellImplementation Pricel is increased accordingly by the amount set forth in the table made a part
of this Change Order: (describe additional work fullv).
ADD
(the "Additional Services")
IThe Substantial Compietion Date and the effective date of the anticipated Fiuai Acceptance Date are hereby
extended for a period of L.J days in order for the Customer to perform the Addltionai
Services.lIIT IS UNDERSTOOD THAT THE SUBSTANTIAL COMPLETION DATE AND THE FINAL
ACCEPTANCE DATE DO NOT REQUIRE EXTENSIONS ON ACCOUNT OF THE ADDITIONAL
SERVICES.]
OR
@ 2008, FPL Services, LLC, All Rights Reserved
Schedule E Page I of3
OR: 4360 PG: 2938
16C2
(2) WORK DELETED FROM THE COMPANY'S SERVICES. The Customer hereby authorizes the Company to
remove/delete the following items of work from the scope of the [Feasibility Study][Feasibility Report]
[Feasibility Price), and decrease the [Feasibility Price]lImpiementation Price] accordingly by the amount set
forth in the table made a part of this Change Order: (describe deleted work fullv).
. '
1
DELETE
(the "Deleted Services")
(The Substantiai Completion Date and the Final Acceptance Date are herehy reduced by _ days as a result
of the Deieted Services.][IT IS UNDERSTOOD THAT THE SUBSTANTIAL COMPLETION DATE AND
THE FINAL ACCEPTANCE DATE DO NOT REQUIRE REDUCTIONS ON ACCOUNT OF THE
DELETED SERVICES.]
ORIGINAL SUBSTANTIAL COMPLETlON DATE:
ORIGINAL FINAL ACCEPTANCE DATE:
CURRENT SUBSTANTlAL COMPLETlON DATE BY PRIOR CONTRACT
CHANGES:
FINAL ACCEPTANCE DATE: BY PRIOR CHANGES ORDER
REVISED SUBSTANTlAL COMPLETlON DATE (ifaoolicable):
REVISED FINAL ACCEPTANCE DATE (if applicable):
ORIGINAL IMPLEMENTATlON PRICE IN FEASIBILITY REPORT: $
AMOUNT OF PRIOR CHANGE ORDERS (if aoolicable): $
ADDITlONAL IMPLEMENT A TlON PRICE (due to change order)(if aoolicable): $
REDUCED IMPLEMENTATION PRICE (due to change order)(ifaoolicable): $
REVISED IMPLEMENT A TlON PRICE: $
lt is hereby understood that, upon authorization of this Change Order by the Customer, the Company shall
implement the above-referenced Change(s). The above adjustments to the Substantial Completion Date, the Final
Acceptance Date, and/or Implementation Price will constitute a full and complete settlement for the Change(s) and
all issues related thereto. Except as set forth in this Change Order, and in any other contract changes and written
amendments signed by the Customer, the Master Agreement shall remain in full force and effect.
Changes in the Services, Implementation Price, Substantial Completion Date or the Final Acceptance Date may be
authorized only by a Change Order duly executed by each Party's designated representative. Without a duly
executed Change Order, the original scope of Services under the applicable Implementation Services Authorization
Form shall remain in full force and effect.
~ 2008, FPL Services, LLC, All Rights Reserved
Schedule E Page 2 of 3
OR: 4360 PG: 2939
This Change Order is being provided by the Company to the Customer, acknowledging acceptli6G 2
modification(s) specified in this Change Order, and the Master Agreement, which is incorporated herein. The
Customer has examined and carefully studied all of this Change Order, including the Master Agreement and all
exhibits, appendices, specifications, terms and conditions thereto and hereby agrees to be bound by any and all
terms, conditions, and obligations set forth therein. THIS CHANGE ORDER IS HEREBY ISSUED BY
COMPANY TO THE CUSTOMER AS OF THE EFFECTNE DATE INDICA TED ABOVE.
Authorized By the Company: Acknowledged by the Customer:
FPL Services, LLC, Board of County Commissioners, Collier County, FL
a Florida limited liability company Public Utilities Division
BY:
NAME:
TITLE:
DATE:
BY:
NAME: Greg Hanlon
TITLE: Vice President
DATE:
cD 2008, FPL Services, LLC, All Rights Reserved
Schedule E Page 3 of3
*** OR: 4360 PG: 2940 ***
16C2
Waiver of Subroaation
The last paragraph (Recovery From Others) is deleted from Part One of the Policy. The last
paragraph (Recovery From Others) is deleted from Part Two of the policy.
As required by written contract.
Endorsement. Effective:
Poficy No":
Named Insured:
1010112007
EWC008020
COllier County Government
Countersigned
MIDWEST EMPlOYERS CASUALTY COMPANY
1)_ ;to ~ 7Hd'~ j, ..f44..J
Secretary President
This endorsement forms part cf the pclicy to which attached, effective on the Inception date of the poicy unless otherwise stated herein.
10-30 (1.93)
Dale Printed;
0510512008
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI6 C 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .
THE BOARD OF COUNTY COMMISSIONERS OFFICE ~'OR SIGNATURE
Print on pink paper. Attach to original document. Original dOCLllncnls should he h;md delivered to Ine Board Ol1icc. The completed routing slip and original
dOCllments arc to be fonvarded to the Goard Offkc 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. lflhe document is already complete with the
excention of the Chairman's signature, draw a line throu!!h routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Omce Initials Date
(List in routing order)
1.
2.
3.
4. Jennifer A. Belpcdio, Assistant County County Attorney
Attorney
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and'Records Clerk of Court's Otfice
7. Jennifer A. Belpedio, Assistant County County Attorney
Attorney
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nomlally tile primary contact is the person who created/prepared the executive
summary. Primary contact infomlation is needed in the event noe of the addressees llbove, including Sue Filson, need to contact staff for additional or missing
lnfol111ation. All original documents needing the Bce Chairman's sign;J[un: are to be delivered to the BeC oft1ce only after the Bce has acted to approve the
item.) .
Name of Primary Staff Jennifer A. Belpedlo, ASSIStant County Phone Number X5709
Contact Attorney
Agenda Date Item was May 13, 2008 Agenda Item Number 16 C 3
Approved by the BCC
Type ofDocumeut Agreement Regllrding Alternative [mpacll;ee Number of Original 1
Attached Calculation Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate.
I.
Original document has been signed/initialed for legal sufflclcncy. (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 pOSSIbly State
Officials.
All handwritten strike-through and revisions havc been initialed by the County Attorney's Office and
all other arties exee t the Bee Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the document or
the final ne otiated contract date whichever is a licablc.
"Sign here" tabs are placed on the appropriate pages indicating where the Chaimlan's signature and
initials are re uired.
In most cases (some contracts are an exception), the origlllal document and thlS routing slip should be
provided to Sue Filson in the Bee office within 24 hours of BCe approval. Some documents are
time sensitive and require fOJ"\Varding 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 May 13, 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.
Please record and return one executed ori inal document to Jennifer A. Bel edio, ACA
Yes
(Initial)
JAB
2.
3.
4.
5.
6.
7.
N/A
JAB
JAB
N/A
JAB
JAB
I: Forms/ County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24,05
((matter _ numbem!((document_ numbem
16C3
AGREEMENT REGARDING ALTERNATIVE IMPACT FEE CALCULATION
This Agreement is made and entered into on MayJl, 2008 into by and between Tamiami
Square of Naples, LLC, a Florida limited liability company ("Developer"), and the Collier County Board
of County Commissioners ("BCC") acting as the governing body of the Collier County Water-Sewer
District ("CCWSD").
WHEREAS, CCWSD has calculated $288,623.50 in water and sewer Impact fees based on the
square footage and/or use of existing commercial development located on real property identified by the
following Collier County tax identification numbers: (i) 00143080000; (ii) 76422000065; and (iii)
76422000049 ("Property"); and
WHEREAS, Developer disputes the $288,623.50 calculation. Notwithstanding, Developer has
paid $43,444.00 for water and sewer impact fees for the Property, subject to and conditioned upon
Developer reserving all of its rights under the Consolidated Impact Fee Ordinance and all other applicable
laws, ordinances, etc.; and
WHEREAS, CCWSD and Developer desire to participate in an alternative impact fee process
regarding the amount of water and sewer impact fees ("Impact Fees") due and owing for the Property and
hereby agree to withhold the filing or initiation of any claim, action or lawsuit during the pendency of the
alternative impact fee process; and
WHEREAS, CCWSD has released all current Public Utilities Division holds or any other holds
related to Impact Fees on building permits and related certificates of occupancy pending on the Property
as of the effective date of this Agreement as a condition of payment in the amount of $43,444.00 made by
the Developer on April 3, 2007.
NOW, THEREFORE, in consideration of the foregoing premises and the following promises, the
parties agree as follows:
1. The foregoing recitals are true and correct and are hereby incorporated herein by reference.
2. Developer has tendered a check in the amount of $43,444.00 for Impact Fees and $2,500.00 for:
(i) staff to review its alternative impact fee calculation; and (ii) payment of all of Developer's fees and
costs due and owing the County for the alternative impact fee process.
3. CCWSD agrees not to withhold issuance of certificates of occupancy, issue stop work orders or
take any other adverse action on all issued or pending building permits for the Property based on or
related to the $288,623.50 in disputed Impact Fees.
4. No later than May 13, 2008, Developer shall arrange and attend a pre-application meeting with
the County Manager to discuss the requirements, procedures and methodology of the alternative fee
calculation. The pre-application meeting will normally cover the following topics: (l) proposed previous
studies; (2) credits; (3) proposed study sites; (4) study data elements; (5) proposed data collection
methodology; and (6) report format.
5. Subsequent to the pre-application meeting, Developer shall submit three (3) copies of the
proposed approach to the alternate fee calculation to the County Manager. The County Manager shall
have 30 County working days to respond in writing to the proposed approach. If the County Manager
concurs with the proposed approach, Developer will be notified to proceed with the alternative fee
calculation. If the County Manager disagrees with the proposed approach, the County Manager shall
identify the problem areas for Developer to incorporate and address in its re-submittal to the County.
Developer shall be required to receive approval from the County Manager prior to proceeding with the
16C3
alternative fee calculation. If the County Manager has not approved Developer's proposed approach after
one re-submittal, Developer may request a decision from the County Manager whereupon the County
Manager shall either approve, approve with conditions, or deny the proposed approach.
6. The alternative fee calculation shall be undertaken through the submission of an impact analysis
for the water and sewer facilities at issue, which shall be based on data, information, methodology and
assumptions contained in Chapter 74, of the Collier County Code of Ordinances and/or the impact fee
studies incorporated herein, or an independent source, including local studies for alternative impact fee
calculations performed by others within the immediately preceding three (3) years, if applicable or
available, provided that the independent source is a local study supported by a data base adequate for the
conclusions contained in such study performed pursuant to a methodology generally accepted by
professionals in the field of expertise for the water and sewer facilities at issue and based upon standard
sources of information relating to facilities planning, cost analysis and demographics and generally
accepted by professionals in the field of expertise for the public facilities at issue.
7. The alternative fee calculation shall be submitted by the Developer for the Property and shall be
prepared and certified as accurate by persons accepted by the County as qualified professionals in the
field of expertise for the public facilities at issue, and shall be submitted to the County Manager.
8. Within thirty (30) County working days of receipt of an alternative fee calculation, the County
Manager shall determine if it is complete. If the County Manager determines the application is not
complete, he shall send a written statement specifying the deficiencies to the person submitting the
application at the address set forth in the application. The County Manager will not be required to take
any further action on the alternative fee calculation until all specified deficiencies have been corrected.
9. After the County Manager determines that the alternative fee calculation is complete, he shall
notify Developer of its completion within ten (10) days, and he shall, within thirty (30) County working
days, complete a review of the data, analysis, and conclusions asserted in the alternative fee calculation.
If this review is not completed within these time frames, and if requested by Developer, the item will be
scheduled for the next available BCC meeting.
10. If the County Manager determines that in the alternative fee calculation the County's cost to
accommodate the existing commercial square footage and use on the Property is statistically significantly
different than the impact fee established pursuant to Section 74-201 and the applicable Sections 74-302
through 74-309, of the Collier County Code of Ordinances, the amount of the impact fee invoiced
Developer shall be reduced to a dollar amount consistent with the amount determined by the alternative
fee calculation, subject to the BCC's approval.
II. In the event Developer disagrees with a decision of the County Manager that effectively results in
a denial of the alternative fee calculation, Developer may file a written appeal petition with the BCC not
later than thirty (30) days after receipt of notice of such a decision by the County Manager. In reviewing
the decision, the BCC shall use the standards established or to be established hereunder. The appeal
petition must advise the BCC of all issues and shall explain the precise basis Developer asserts that the
decision(s) of the County Manager is/are alleged to be incorrect.
12. Developer agrees that future permits sought for the Property seeking a net increase in size or use
and creating additional demand or impact on water or sewer public facilities will not be issued unless
Impact Fees due for the particular unit(s) (based solely on such size or use increase creating additional
demand or impact on water or sewer public facilities) are paid in full. CCWSD agrees that it will not
withhold issuance of permits or certificates of occupancy, issue stop work orders, or take any adverse
action relating to: (i) future permits sought for particular unit(s) within the Property that do not result in a
net increase in size or use and do not create additional demand or impact on water and sewer public
16C31'"
facilities; and (ii) permits for particular unit(s) within the Property where additional Impact Fees are due
(given a net increase in size or use and creating additional demand or impact on public facilities) and paid
in full.
13. Should an alternative impact fee be approved by the BCC, Developer agrees to provide the
CCWSD with sewer flow rates' on a monthly basis until two (2) years after the approval of the alternative
impact fee.
14. At the end of each six month period within the two (2) year cycle CCWSD will analyze the water
and/or sewer flows for sewer during those six month periods. CCWSD hereby acknowledges that during
the two (2) year cycle the Developer will continue to lease and develop the Property and that water and
sewer flows for the Property will likely increase. In the event that actual water and/or sewer flows for the
Property in two consecutive months exceed the sum of water and/or sewer flows used in the alternative
impact fee calculation and water and/or sewer flows accounted for in the issuance of future building
permits, CCWSD can properly claim additional water and sewer Impact Fees are due and owed. CCWSD
will recover additional water and sewer Impact Fees at the then in effect Impact Fee rate.
During, the two (2) year cycle, and after its expiration, all additional future water and sewer Impact Fees
not yet accounted for or related to the $288,623.50 in disputed impact fees will be paid at the time of the
future building permit issuance.
15. For the pendency of the alternative impact fee process, the parties agree that all applicable statute
of limitations as to any and all claims of the County or Developer shall be tolled and suspended.
16. Developer hereby waives any defense by way of any statute of limitations which would otherwise
arise during the pendency ofthe alternative impact fee process.
17. This waiver shall not be construed as a waiver of any statute of limitations defense that has
become established as of the effective date of this Agreement, or which would arise after the pendency of
the alternative impact fee process; it only excludes the period during which this Agreement has operated
to toll any applicable statute oflimitations.
18. It is understood that by entering into this Agreement, neither party is waiving any claims, rights
or defenses that may have accrued up to the effective date of this Agreement.
19. This Agreement shall not be offered in evidence in any action or proceeding except with respect
to any action or proceeding related to this Agreement, or to enforce the terms of the Agreement, or prove
that the statute of limitations was tolled for the period of time during which this Agreement was in effect.
20. The pendency of the alternative impact fee process will be deemed to have commenced upon
approval of this Agreement by the BCC and full execution of the same by the parties hereto and shall be
deemed to have expired upon a final determination by the BCC on Developer's alternative impact fee
calculation.
21. During the pendency of the alternative impact fee process, the $288,623.50 in Impact Fees
invoiced Developer shall not be deemed delinquent under Section 74-501, of the Collier County Code of
Ordinances or otherwise and no delinquency fee, interest, or other fees shall be due and owing the County
with respect to said Impact Fees or any portion thereof which may be due and owing the County for the
Property .
22. On or before thirty (30) days after the end of the alternative impact fee process and only in the
event additional Impact Fees are due and owing the County, the County shall provide written notice to
I CCWSD will monitor the monthly water flows.
16C3
Developer of the arnount of any Impact Fees due based on the outcome of the alternative irnpact fee
process. Developer shall have thirty (30) days from the date of said notice by the County to pay all such
Impact Fees in full or enter into a binding agreement with the County to make installment payments for
said Impact Fees to include the statutory interest rate which shall only commence to accrue from and after
the date a final determination is made by the BCC on Developer's alternative impact fee calculation. The
County Manager is hereby authorized to enter into an agreement with Developer for installment payments
with a reasonable repayment period not to exceed three (3) years. If Developer fails to either pay in full
all such Impact Fees and any statutory interest due and payable thereon on or before the expiration of said
thirty (30) day period or enter into a binding agreement with the County regarding installment payments,
the County may only thereafter deem any such Impact Fees due and owing the County for the Property
delinquent under Section 74-501, of the Collier County Code of Ordinances and proceed with its
collection rights and remedies under Section 74-501, of the Collier County Code of Ordinances.
Notwithstanding anything contained in this Agreement to the contrary, it is expressly understood and
agreed to by the parties hereto that Developer does not hereby waive or limit in any way any existing or
future claims, rights, positions or defenses that Developer may have to seek a refund for overpayment of
impact fees pursuant to Section 74-202 or to legally challenge: (i) the alternative impact fee process, (ii)
the final determination made by the BCC on Developer's alternative impact fee calculation, (iii) the
Impact Fee calculation, and/or (iv) any future impact fee calculation for the Property.
DEVELOPER
~SSES:
~~.:, 0~0'~
Print Name: B.';;!:. .I1'f'-'-
. . ".,
Tamiami Square of Naples, LLC,
a Florida limited liability company
""lr",(
.;~':":'~"L:"UPL'
...,,' , ,..- .
.::II.':to. t ,
:~.~~~fflt and legal
- :!,ufficiency: .
By:
tion,
By: Crifasi Enterprises, Inc., a Fl
as Manager
By:
ATTEST:
DWIGHT E. BROCK, CLERK
, . ,
'" i < . ~.; ~\ :"
~o ~C)~..,J.: ~,
Jennifer A. Be edio
Assistant County Attorney
Item # I(QC~
Agenda ~ -I "2 :00
Date 'J fl
Dat~ 5....?> -f'l~
Reed ~
f\uu.. Jv iliJ ' 0 ( .
Deputy Clerk (j U
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 C b
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE · ,t
Print on pink paper. Attach to original document. Original doculllcn!~ should be hUlld delivered to the Board Office. The completed routing slip, and original
documcnts arc to be forwarded to thc 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 Chailman's signature, draw a line through roulinp lines in through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routinp order)
1.
2.
3.
4. Jennifer A. Belpedio, Assistant County County Attorney
Attorney
5. Sue Filson, Executive Ma!lager Board of County Commissioners
6. Minutes and Records Clerk of Court's OtTice
7. Jennifer A. Belpedio, Assistant County County Attorney
Attornev
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 onc of the addressee~ above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe ctIairman's signature arc to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Jennifer A. Belpedio, Assistant County Phone Number X5709
Contact Attorney
Agenda Date Item was May 13, 2008 Agenda Item Number 16 C4
Annroved by the Bee
Type of Document Resolution appointing a Representative and Alternative Number of Original 1
Attached to attend meetings of the Lower West Coast Utility Documents Attached
Council
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate.
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 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 BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCe approval of the document or
the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and
initials are re uired.
In most cases (some contracts are an exception), the original document and th1.s routing slip should be
provided to Sue Filson in the BCe 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 your deadlines!
The document was approved by the BCC on May 13, 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.
Please record and return one executed ori inal document to Jennifer A. Bel edio, ACA
Yes
(Initial
JAB
N/A(Not
A Iicable)
2.
3.
4.
5.
6.
7.
N/A
JAB
JAB
N/A
JAB
JAB
I: Forms/ County Forms/ Bee Forms! Original Documents Routing Slip WWS OriginaI9.03'()4. Revised 1.26.05, Revised 2.24.05
(<tl1atter _ numbem/(document_ numbeo)
16C4
RESOLUTION NO. 2008 - 130
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
RATIFY THE APPOINTMENTS OF A REPRESENTATIVE AND ALTERNATE
TO ATTEND MEETINGS OF THE LOWER WEST COAST UTILITY
COUNCIL.
WHEREAS, the Collier County Board of County Commissioners, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District approved Resolution No. 2008-122
on April 23, 2008, entering into a Memorandum of Understanding and Charter Establishing the
Lower West Coast Utility Council; and
WHEREAS, that Resolution No. 2008-122 states that the Public Utilities Division
Administrator will appoint a representative of the Collier County Water-Sewer District to attend
the meetings of the Council, upon Board ratification of that appointment; and
WHEREAS, it is the recommendation of the Public Utilities Division Administrator to
appoint the following individuals to represent the Collier County Water-Sewer District at
meetings of the Lower West Coast Utility Council: Paul Mattausch, Director, Water
Department, as representative; and G. George Yilmaz, Dircctor, Wastewater Department, as
alternatc representative; and
WHEREAS, through a cooperative and proactive approach, public water and wastewater
utilities in the Lower West Coast region of Florida can morc effcctivcly interact with Federal,
State, and Regional agencics; and
WHEREAS, the County would benefit from the appointed representative(s) attending the
meetings of the Lower West Coast Utility Council.
NOW BE IT THEREFORE RESOLVED and ratified by the Collier County Board of
County Commissioners as ex-officio the governing board of the Collier County Water-Sewer
District that:
1. Paul Mattausch, Director, Water Departmcnt, is appointed as the representative of the
Public Utilities Division to attend the meetings of the Lower West Coast Utility Council.
2. G. George Yilmaz, Director, Wastcwatcr Department, is appointed as the alternate
representative of the Public Utilities Division to attend the meetings of the Lower West
Coast Utility Council.
This Resolution is adopted after motion,
13th day of May, 2008.
second and majority vote favoring .MHP,~~9B this
"
.. ~'o"l .
ATTEST; . , ,'I. BOARD OF COUNTY COMMISSION~S c"<:'"
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA, AS E.i!l':0FFICIO THE, -
~. '~.'.~ '~. ........'.\ o.t_g~~~~~~ING ARDO THEWATER-~E,W~R. .' ",c_,:
"as to' , ... '-' " '.
sf___ . . ...,: By: .' '\'0' ~ J:
". . " TOM HENNING. CHAIRM "0",'. . ,.",
Appro~afasikform and legal " ,.J"" """
"IJUdHt,ll
Sufficiency:
~(~-"-:.
Jenmfer A. Belp
Assistant County torney
04-PUW-O I 083/765
Item# \
(J.( .
#16C5
THIS DOCUMENT
HAS NOT BEEN
RECEIVED IN THE
CLERK TO THE BOARD
OFFICE
AS OF
June 5, 2009
ORIGINAL DOCUMENTS CHECKLIST & ROUTING~~
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T n 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG A M:
Print 011 pink paper. Mtach to original docllment. Original docum..:nts should be band delivered to the Board Of/In'. rhe completed rouLing slip and original
dOCllments afe to he forwarded to the Board Office only after the Board has taken action Oil 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
. th
exceptIOn of e Chairman's signature, draw a line throuoiJ rout(n~ lines # J 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 7? ,II '1
2. Chairman Tom Henning BCC
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need In contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to bc delivered to the Bee office only allcr the Bee has acted 10 approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was 05!l3/2008
A roved b the BCC
Type of Document
Attached
Frank Ramsey, Housing Manager
Phone Num ber
252-2336
160_1
Yes
(Initial)
N/A(Not
A plieable)
Agenda Item Number
Impact Fee
Number of Original
Documents Attached
7L
-:fI--
'fI-
7L
'1L.
n/a
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 Bee
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the Bec Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is applicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are required.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents arc time sensitive and require forwarding to Tallahassee within a certain
time frame or the BeC's actions are nullified. Be aware of your deadlines~
The document was approved by the BCC on 05/13/2008 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.
11-
2.
3.
4.
5.
6.
T: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4166131 OR: 4360 PG: 2582
RECORDED In OFFICIAL RECORDS of COLLIER COUNTY. FL
05/15/2008 at 12:53PM DWIGHT E, EROCK, CLERK
REC PEE
COPIES
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples, .Florida 34112
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
EZT 8406 FRANK RAMSEY
1601
27.00
3.00
"'J!l
File# 08-171-IF
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HO~NG DWELLING UNITS
This Agreement is entered into this g day Of~ 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Erasmo Martinez III and Teresa Ann
Hinojosa" (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 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: 4360 PG: 2583
may, at its sole option, collect the impact fee amount in default as set forth in the orJanQe,D 1
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 fhen 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
'., . t 3'
BY:~'."
AUnt'. 'to .
.tgn.~ <*1 ~
BOARD OF COUNTY COMMISSIONERS
COLLIEy>UNTY, LORID~,
By: ,..:J<fJt--
TOM HENNING, CHAI
"<
-.,> ,
('/:
, < :,'1'
OWNER:
~~~
Erasmo Martinez III
~esses: Q...t..;~
Print~l1r..J.h"" J4\"o.ra4o
tJJzY-.---
OWNER:
jnA-. t?~~
Teresa Ann Hinojosa
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
~)
The foregoin Agreel1"\\ID1. was acJ.<powIedged before me this -4- day of ;A- .,
b): '16.'6}kro ,-,v4~.4" 'be"'~ kW,~(jO Is personally known to me or as produced
as-proot of identity.
c::--/
Si
tf.-
Approved as to form
and legal sufficiency:
'\
Recommend App oval:
If..--
cy Krumbine, MP A
Director
Collier County Housing and Human Services
A
--'
J-.15\ Jef ey IA. Klatzkow
"l) Chieijssistant County Attorney
*** OR: 4360 PG: 2584 ***
EXHIBIT "A"
16D1
LEGAL DESCRIPTION
Lot 112, 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
3685 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
B. Correctional Facilities Impact Fee
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
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
$12,442.46
JAK Approved _1_1_
#16D2
THIS DOCUMENT
HAS NOT BEEN
RECEIVED IN THE
CLERK TO THE BOARD
OFFICE
AS OF
June 5, 2009
MEMORANDUM
Date:
June 6, 2008
To:
Scott Johnson
Purchasing Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract #08-5056
"Roberts Ranch Pioneer Museum Drivewaye"
Contractor: FTA Holdings, LLC dba Ace Asphalt
Attached are one (1) original contracts of the above referenced
document (Agenda Item #16D3), approved by the Board of County
Commissioners on Tuesday, May 13, 2008.
We have retained an original in the Minutes and Records Department.
If you should have any questions, please contact me at 252-8411.
Thank you.
Attachments
16D3
16D3
Memorandum
DATE:
June 2, 2008
TO:
Ray Carter, Manager
Risk Management Department
FROM:
Scott D. Johnson, Purchasing Agent
Purchasing Department
RE:
Review of Insurance for: #08-5056 "Roberts Ranch Pioneer Museum
Driveway and Sitework"
Contractor: FT A Holdings, LLC dba Ace Asphalt
This Contract was approved by the BCC on May 13, 2008 Agenda I6.D.3
Please review the Insurance Certificate and Payment and Performance Bonds in this
Agreement for the referenced Contract. If everything is acceptable, please forward to the
County Attorney for further review and approval. I would appreciate it if you would
advise me when it has been forwarded.
If you have any questions, please contact me at 239/252-8995.
cc: Gary Vincent, Museum Manger Naples Depot
() Ind~
I~. ./ liz/f)!>
-'r/~
FILE NO.:
_~ .(J ,~,,1:::'"
...7 cr.. r .
. X;ijl\JiY4T~",}~ 16 D 3
DATE RECEIVE%I) )'" . I L,f;J\i)':
.8 >./: '; - 5 . . ~.
AM !U. 46
ITEM NO.:
(~"".,
1\...~.J
ROUTED TO:
Date:
June 2, 2008
,DO NOT WRITE ABOVE TIDS LINE /) Y
fy IJ/ . ~ )
REQUEST FOR LEGAL SERVICES Y 11"'"' ~
I~ Il' llJ:llJf6
1\ ""- b I
y~ .,
To:
Robert Zachary
Assistant County Attorney
From:
Scott D. Johnson,
Purchasing Agent
Re:
Contract #08-5056 "Roberts Ranch Pioneer Museum Driveway
and Sitework"
Contractor: FT A Holdings, LLC dba Ace Asphalt
BACKGROUND OF REQUEST:
This contract was approved by the BCC on May 13,2008
Agenda Item: 16.D.3
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.
C L j'2-'~
6- b-6?5
CHECKLIST FOR REVIEWING CONTRACTS
Entity Name:
F'7A- ILJ.-JJ.'f' L.LC
Entity name correct on contract?
Entity registered with FL Sec. of State?
~Yes
--.0' es
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &/or Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $
Products/Compl/Op Required $
Personal & Advert Required $
Each Occurrence Required $
Fire/Prop Damage Required $
Automobile Liability
Bodily Inj & Prop Required $
Workers Compensation
Each accident Required $
Disease Aggregate Required $
Disease Each Empl Required $
Umbrella Liability
Each Occurrence Provided $ f) ~ ",()
Aggregate Provided $ " "(1, liP
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occurrence Required $
Per Aggregate Required $
Other Insurance
Each Occur Type: Required $
County required to be named as additional insured?
County named as additional insured?
~Yes
-I.c-Yes
~Yes
---\.L- Y es
Provided $~ -J"p
Provided $ ... , (
Provided $ I, ," }',_6
Provided $ 1&
Provided $
Provided $t) 'DP, 'f)1
fJ!;/S
Provided $
Provided $ , c
Provided$~~
16 D 3 ~.
No
No
No
No
No
No
Exp. Date fllt'ID'
Exp. Date · ,
Exp. Date t I
Exp. Date t I
Exp. Date
Exp Date I-e..(l ill 1J8
ExpDate l~h08
Exp Date i (
Exp Date U
ExpDate ~""Cllfl()5
Exp Date I '
-L Yes
~ovided $
/' Yes
Yes
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
Performance Bond
Bond requirement referenced in contract?
Ifattached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
-lL- Y es
'-""" Yes
~Yes
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
/" Yes
Yes
~Yes
....... Yes
No
Exp. Date
Exp. Date
Exp Date_
No
No
Aes
Yes
No
~No
No
No
No
?
.
No
No
No
No
~Yes
~Yes
~Yes
Attachments
Are all required attachments included?
~s
No
No
No
No \
Reviewer Initials: ~
Date: ~/~ ~
04-COA.tl 0/222
16D3
Roberts Ranch Pioneer Museum Driveway and Sitework
COLLIER COUNTY BID NO. 08-5056
COLLIER COUNTY, FLORIDA
Design Professional:
BSSW Architects, Inc.
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
16D3
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by BSSW Architects and
identified as follows: Roberts Ranch Pioneer Museum Driveway &
Sitework as shown on Plan Sheets 1 through 6.
EXHIBIT N: Contractor's List of Key Personnel
16D3
, ,
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Roberts Ranch Pioneer Museum Driveway and Sitework
COUNTY BID NO. 08-5056
Separate sealed bids for the construction of Roberts Ranch Pioneer Museum Driveway
and Sitework, addressed to Mr. Steve Carnell, Purchasing Director, will be received at
the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing
Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME,
on the 9th day of April, 2008, at which time all bids will be publicly opened and read
aloud. Any bids received after the time and date specified will not be accepted and
shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 26th
day of March, 2008, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Roberts Ranch Pioneer Museum Driveway and Sitework
Bid No. 08-5056 and Bid Date of April 9, 2008". No bid shall be considered unless it is
made on an unaltered Bid form which is included in the Bidding Documents. The Bid
Schedule (GC-P-1 through GC-P-12) shall be removed from the Bidding Documents
prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the
Collier County Purchasing Department E-Procurement website: www.collierqov.neUbid.
Copies of the Bidding Documents may be obtained only from the denoted website.
Bidding Documents obtained from sources other than the Collier County Purchasing
Department website may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida.
GC-PN-1
16D3
Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with
each bond a certified and effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred twenty days (120) calendar days from and after the Commencement Date
specified in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 10th day of March 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Stephen Y. Carnell. C.P.M.
Purchasing and General Services Director
GC-PN-2
16D3
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above.
GC-IB-1
16D3~'~~
Bids received at the location specified herein after the time specified for bid opening
will be returned to the bidder unopened and shall not be considered.
Section 3. Bid Deposit Reauirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Riaht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
GC-IB-2
16D3
Section 5. SiQninQ of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date.
GC-IB-3
16D3
Any and all such interpretations and supplemental instructions shall be in the form of
written addendum which, if issued, shall be sent by mail or fax to all known Bidders at
their respective addresses furnished for such purposes no later than three (3) working
days prior to the date fixed for the opening of Bids. Such written addenda shall be
binding on Bidder and shall become a part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Reauirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
GC-IB-4
1603
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
GC-IB-5
1603
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as 'The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permiUfee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
GC-IB-6
16D3
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entitv Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
GC-IB-7
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
16D3
ORIGINAL
Roberts Ranch Pioneer Museum Driveway and Sitework
BID NO. 08-5056
Full Name of Bidder FTk \--\t>\A,V"\(\~ LLC- d\-:x:t f.\.u,
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Main Business Address \ LP'i '1, \ ~ o..WLl1 c., 'u )\l;~Q 'vt~a.c\
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Fax No. d.. ?,c1- '-f~?'-""SGlS'
State Contractor's License #
c..(;,Cb5,& ~Sq
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
GC-P-1
.LoD3 ~A<.
BID SCHEDULE
Roberts Ranch Pioneer Museum Driveway and Sitework
Bid No. 08-5056
The undersigned Bidder agrees, if this Bid is accepted, to enter into an agreement
with Owner to perform and furnish the Work described in the Bidding Documents
for the Bid Price and within the Time of Completion indicated in this Bid and in
accordance with the other terms and conditions of the Contract Documents.
In submitting this Bid, Bidder represents that:
a. Bidder has carefully examined the Bidding Documents consisting of the
Drawings entitled Robert's Ranch Pioneer Museum - Construction Plans,
Dated December 11, 2007, and includinq Sheets numbered Cover Sheet 2 of
6, 3 of 6, 4 of 6, 5 of 6, 6 of 6 and Proiect Description and Additional
Requirements Letter dated Januarv 22, 2008.
b. Bidder has examined the site of the work, existing conditions, and all other
conditions affecting the work on the above-named Project.
c. Bidder has carefully correlated the information known to Bidder, information
and observations obtained from visits to the site, and other information
identified in the Bidding Documents with the Bidding Documents.
d. Bidder is familiar with federal, state, and local laws and regulations
applicable to Project.
Bidder hereby proposes to furnish all materials, labor, equipment, tools,
transportations, services, licenses, fees, permits, etc, required by said documents
to complete the Work described by the Contract Documents for the lump-sum of:
So'j,1vJf\'~\" ~"'."~:"(>V\c!
($~ J q".;:;!'7;
~;(:rt
.00)
~l""hq d -..\-1"0>1~\I- r,,'Q\,+ Dollars and No Cents
o
GC-P-2
MATERIAL MANUFACTURERS
16D3/
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL
MANUFACTURER
1.
2.
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3.
4.
5.
Dated L\ - ~ - 0 c~
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Bidder
BY:
~Q'I'Y~ ~\fd I '\iF_
GC-P-3
16D3
LIST OF SUBCONTRACTORS
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
1.
Cateqorv of Work
\ )~J, \\~S
Subcontractor and Address
4.
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2.
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5.
Dated
1-\ - 1J-O'b
BY:
\t
GC-P-4
16D3 ~
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
Reference
1.
~~ ~Q{' ~)Qd
2.
3.
4.
5.
6.
Dated L\ - <<; 'G \
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Bidder ~
~o{X'''' ~'D(d. \. . ..
\ )
BY:
GC-P-5
TRENCH SAFETY ACT
16D3
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety
Measure
(Description)
Units of
Measure
(LF,SY)
Unit
(Quantitv)
Unit
Cost
1.
2.
3.
4.
5.
Extended
Cost
tJ J l\
I
Failure to complete the above may result in the Bid being declared non-responsive.
TOTAL
$
Dated L\-~- ()'~
BY:
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GC-P-6
tt
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16D3
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within Ninety (90) consecutive
calendar days, computed by excluding the commencement date and including the last
day of such period, and to be fully completed to the point of final acceptance by the
Owner within Thirty (30) consecutive calendar days after Substantial Completion,
computed by excluding commencement date and including the last day of such period.
Respectfullv Submitted:
State of \="'\U\'--\ (~()_
County of L.<u1."
, being first duly sworn on
oath deposes and says that the. Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
, also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
GC-P-7
(a) Corporation
16D3
"I'
'" '
The Bidder is a corporation organized and existing
~\c"idCL. , which operates under
p'\'f>- \-\o\diV\l\", LLC <l.\:x, ~Vo k~-}v)n It
officers are as fdllows:
President I\dO..iN\.
Secretary ~e ('tVI
Treasurer 0_ ruz () lr
Manager ~.(J K ((~
under the laws of the State of
the legal name of
, and the full names of its
Y. n. f \(\ vI)
~Q'tOK'-'
7 QV\ GO rc:\
~
\1\ b rc..ci
The is authorized to sign construction bids
and contracts for the company by action of its Board of Directors taken
, a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
DATED
legal entity
GC-P-8
Witness
Signature
16D3
BY:
1",-\ WO-(d
~.P.
Title
_~'*"~,~ NATALIE ANNE ALDEN
~~( :.~ MY COMMISSION # 00745936
.... __ EXPIRES January 03, 2012
,.,,'
(407) 3G8-0153 FI0rtd8No1aryServlc::e.com
STATE OF
~ \()\r i c\ 0.
'~
COUNTY OF
The foregoing instrument was acknowledged before me this -.$\-day of 1lpID-\
2008, by ~ :Xx vU , as ~,P ,
of - Q. It- a corporation, on
behalf of the corporation. He/she is ersonally known to m~? or has produced
as identification
and did (did not) take an oath.
My Commission Expires:
_4i'\:'u~. NATALIE ANNE ALDEN
~?"''''! MY COMMISSION # 00745936
~ EXPIRES January 03, 2012
1~7)'3t4-01~ FioridliNoCervS.rvIce.com
NAME:
ril(Jn~, 0 ,,",0 () 0 J G
(Signature of Notary)
NIl~lL\;V ~\'W\a ~\d.-.Qv"\
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of FL
Commission No.: _l'-f)l4-S 'l61"
GC-P-9
BID BOND
.' , .16D3
~Cl 'JlN&-c.-S ~
~ <-1 J---::; ()
KNOW ALL MEN BY THESE PRESENTS, that we
(herein after called the Principal) and
,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of with its principal offices in the city of
and authorized to do business in the State of
firmly bound unto the
(hereinafter called the
are held and
in the full and just sum of
dollars ($ )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Owner),
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as
Roberts Ranch Pioneer Museum Driveway and Sitework
Bid No. 08-5056
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
.h~ <:H~'" S"- ~, $ ~o'~'" ~hovm ~s l;qu'ldated "'~~anes an" not as a
lilt:: "^c;U UIII VI II l'C;U au t:: a I UOIII ~ , U I
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect.
GC-P-10
16D "3
....
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this day of , 2008.
Principal
BY
(Seal)
Surety
(Seal)
Countersigned
Local Resident Producing Agent for
GC-P-11
16D3
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
<:>Bid Number;
<:>Project Name;
<:>Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the
specified openinq date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
~('_O- ~ ~~CL ~ t
Bidder
.P.
GC-P-12
16D3
Projects Completed in the last 3 years
Project / Location Contractor Contract Amount Date Completed
Commons Professional Commons Professional $399,630.00 November 2007
Naples, FL Land Dev.
720 GoodIette Road N
Naples, FL 34102
Patriot Elementary Gates Total $405,000.00 August 2007
Cape Coral, FL Solutions
12810 Tamiami Trail
Naples, FL 34110
Manchester Square Mitchell & Stark 172,364.00 April 2007
Ft. Myers, FL 6001 Shirley Street
Naples, FL
Naples Dodge Deangelis Diamoud $564,000,00 April 2007
Naples, FL 6635 Willow Park Dr.
Naples, FL 34109
Parker Commons Parker Coustructiou $130,024.30 February 2007
Ft. Myers, FL 9001 DauieIs Pkwy.
Suite 200
Ft. Myers, FL 33912
Projects Presently Under Construction
Project / Location Contractor Contract Amount
Super Target Gates Total Solutions $4,365,081.00
Ft. Myers, FL 12810 Tamiami Trail
Naples, FL 34110
Gateway Shop pes Benderson $440,000.00
Naples, FL 8441 Cooper Creek Blvd.
University Park, FL 34201
Great Space Deangelis Diamond 718,896.00
Ft. Myers, FL 6635 Willow Park Dr.
Naples, FL 34109
Trusted Medical Fowler Construction 1,051,000.00
Ft. Myers, FL 10561 Six Mile Cypress
Ft. Myers, FL 33966
Sugden Resort Owen Ames Kimball $182,540.00
Ft. Myers, FL 11941 Fairway Lakes Dr.
Ft. Myers, FL 33913
1.603
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with FTA Holdings LLC dba Ace Asphalt
("Contractor") of 16981 James Whitehead Rd., Ft. Myers, FL 33912, a Florida
corporation, authorized to do business in the State of Florida, to perform all work
("Work") in connection with Roberts Ranch Pioneer Museum Driveway and
Sitework, Bid No. 08-5056 ("Project"), as said Work is set forth in the Plans and
Specifications prepared by BSSW Architects, Inc., the Engineer and/or Architect of
Record ("Design Professional") and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: seventy four thousand eight hundred
twenty eight dollars and zero cents (74,828.00).
GC-CA-1
16D3 q
f ·
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liquidated DamaQes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within Ninety (90) calendar days from
the Commencement Date (herein "Contract Time"). The date of Substantial Completion
of the Work (or designated portions thereof) is the date certified by the Design
Professional when construction is sufficiently complete, in accordance with the Contract
Documents, so Owner can occupy or utilize the Work (or designated portions thereof)
for the use for which it is intended. Contractor shall achieve Final Completion within
Thirty (30) calendar days after the date of Substantial Completion. Final Completion
shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and
throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's
duly authorized representative and shall mean the Division Administrator or Department
Director, as applicable, acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
GC-CA-2
16D3
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, three hundred four
dollars and six cents ($304.06) for each calendar day thereafter until Substantial
Completion is achieved. Further, in the event Substantial Completion is reached, but
the Contractor fails to reach Final Completion within the required time period, Owner
shall also be entitled to assess and Contractor shall be liable for all actual damages
incurred by Owner as a result of Contractor failing to timely achieve Final Completion.
The Project shall be deemed to be substantially completed on the date the Project
Manager (or at his/her direction, the Design Professional) issues a Certificate of
Substantial Completion pursuant to the terms hereof. Contractor hereby expressly
waives and relinquishes any right which it may have to seek to characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
GC-CA-3
16D3
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by BSSW Architects, Inc and
identified as follows: Roberts Ranch Pioneer Museum Driveway
and Sitework as shown on Plan Sheets 1 through 6.
Contractor's List of Key Personnel
GC-CA-4
16D3
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Gary Vincent, Manager, Naples Depot
3301 Tamiami Trail East
Naples, FL 34112
Tel: 239/262-5119
Email: GaryVincent@colliergov.net
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
FTA Holdings LLC dba Ace Asphalt
16981 James Whitehead Rd.
Ft. Myers, FL 33912
PHONE (239) 433-0010
FAX (239) 433-5525
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
GC-CA-5
Section 10. Successors and Assi~ns.
16D3
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. GoverninQ Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Aareement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Chanae Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
GC-CA-6
Section 17. Order of Precedence
16D3
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
l6D3
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
rJO \WITNESSES: -\
~~~__ ~c\; }C)
FIRST WITNESS
\
By:
~LLCdb
,
4,,,,,-,,, L:/C44_ *.tf
Type/Print Name and Title
SECOND WITNESS
\-\\ \~ u,( (-Ui( w+y-
Type/Print Name
Date:
c.s- -\ c)_ ()~
OWNER:
ATTES\:,.:,. BOARD OF COUNTY COMMISSIONERS OF
, '.. COLLIER COUNTY FL RIDA
:~~~
" Att~st ~,i toe: Chalrun ,
" s li/f1dtore J)/\ 1.
Approve Q and L~:
BY:
Tom Henning, Cnairman
'~€lil# II.olJ3
';,:"3 ~aB
:;:'~~~
D\'r~~Jf!
GC-CA-8
16D3
EXHIBIT A
PUBLIC PAYMENT BOND
Roberts Ranch Pioneer Museum Driveway and Sitework
Bond No. 582755P
Contract No. 08-5056
KNOW ALL MEN BY THESE PRESENTS: That FTA Holdinqs, LLC d/b/a Ace Asphalt
l6981 James Whitehead Road, Ft. Myers, FL 33912 (239) 466-8833 as Principal,
and Developers Sure tv and Indpmnity Company (727) 822-5610 , as
Surety, located at 33 6th Street South. Suite 205. St. PetersburG. FL 31701
(Business Address) are held and firmly bound to The Board of County Commissioners of Collier County
as Obligee in the sum of Seventy Four Thousand Eight Hundred Twenty Eight and No/100
($ 74 , 828 . 00- - -) 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 15th day of
May 2008l with Obligee for Roberts Ranch Pioneer Museum Driveway and Sitework
in Collier County accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly rnakes payrnent to all c1airnants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 20th
day of May 2008, the name of each party being affixed and these presents
duly signed by'its under-signed representative, pursuant to authority of its governing
body.
GC-CA-A-1
16D3
Signed, sealed and delivered
in the presence of:
fll~~ Ci(j~~
~^.,~ ,~~/
Wit esses oPrincipal.
PRINCIPAL
FTA Holdings, LLC
d/b/a Ace Asphalt
By~r
NAME: .c ""-
ITS. _ '
STATE OF ~\(')NAc.L
COUNTY OF \ ."'~
My Commission Expires:
~~'.~."'~'" TANI8f R. BENOIT
t'tJ.:1. ~PuIlIIc-Stattol~
.. .
!. . !MY ~ ExplmJun 16, 2009
\~... '/.;1 ~'OO4415!lO
"T.OF....~
.""".-' Bonded By NItionaI Notary Assn.
NAME:
~'Nv>_~Q ~~'{
Sigr ature of tary)
Q ~-'-vo; 1:::
':=r-~vvv.....
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of S;;:\o;,:Ao...
Commission No.: Dt\ Ull \<,"'1()
ATTEST:
SURETY:
Developers Surety
and Indemnity Company
(Printed Name)
33 6th Street South,
St. Petersburq, FL
(727) 822-5610
(Business Address
Suite 205
33701
(Authorized Signature)
Witnesses to Surety
(Printed Name)
GC-CA-A-2
16D3
~Q~tf . cW~
V M~'VJ [) Y-~-
OR
Agent:
Douglas B. Leek
(Printed Name)
Witnesses
Brown & Brown of Florida, Inc.
P. O. Box 2412
Davtona Beach. FL 1?11S-?41?
(Business Address)
(386) 239-5716
(Telephone Number)
STATE OF
COUNTY OF
Florida
Volusia
The foregoing
May
Attornev-In-Fact
Surety, on behalf of Surety.
instrument was
, 2008, by
acknowledged before me this 20th day of
Douqlas B. Leek , as
of Developers Surety and Indemnitv COffioany
He/$~ is personallv known to me OR has produced
as identification and who did (did not)
take an oath.
My Commission Expires:
April 30, 2010
h"
/'- " /.--
, ;;;t'
ir_C''l('(' (1 {""'l.<-"--_
(Signature)
,.~.
.t .o.ri, ');
-.- )\(li."\ .\. ~/ ,,>~';.'____'
.....\~rr.~~;...,,.. RE8ECCA A. ROBINSON
1:"X~ Notary FUblle State of Florida
('W.~~ Mt((iJm 9pt/l}!-ApriI30. 2010
~~P.r:~~~' Comm. 1\10. DO 508407
Name: Rebecca A. Robinson
(Legibly Printed)
Notary Public, State of: Florida
Commission No.: DD 508407
GC-CA-A-3
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX ]9725, IRVINE, CA 92623 (949) 263-3300
wv"w.lnscoDico.com
16D3
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNlTY COMPANY does hereby make, constitute
and appoint:
***M. Decker Youngman III, Jim W. Henderson, Richard A. Freebourn, Douglas B. Leek, jointly or
severally***
as its true and lawful Attomcy(s)-in-Fact, to make. execute, ddiver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contmets
of suretyship giving and &'T'dnting unto said Altomey(s)-in-Fact full power and authority to do and to perfoml every act necessary, requisite or proper to be done in
connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of said Atlomey(s)-in-
Fact, pursuant to the:;e present:;, an: hereby ratified and confirmed.
This Power ofAttomey is granted and is signed by tacsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS
Sl;RETY AND INDEMNITY COMPANY effective as oft\-ovember I, 2000:
RESOLVED. that the Chainnan of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute
Powers of Attorney, qualifYing the Attorney(s)-in-Fact named in the Powers of Attorney to execute, on behalfofthc corporation, bonds. undertakings and contracts of
suretyship; and that the Secretary or allY Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of
Attorney;
RESOLVED. FURTHER. that the signatures of such officers may be affixed to any such Power of Attorney' orlo any certificate relating thereto by facsimile.
and any such Power ofAttomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future \....ith
respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNiTY COMPANY has caused thesc presents to be signed by its respective Exewtive Vice President
and attested by its Secretary this 1st d.:!y of December. 2005.
By:
David H. Rhodes, Executive Vice-President
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/~.:::J......;\1.POR..q>...1i\
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=0:::: OCT. :.-<:
~~~ 10 ~n~
;~:.. 1936 /~2
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By:
Walter A. Crowell. Secret:llY
~.....~
STATE OF CALIFORNIA
]
COUNTY OF ORANGE
On December 1, 2005 bef(xe me, Gina L. Gamer, Notary Public (here insert name and (itk of the officer), personally appeared David H. Rhodes and Walter
A. Crowell. personally known to me (orprovcd to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed 10 the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) all the instmment the person(s),
or the entity upon behalf of which the person(s) acted, executed the instml1lent.
WITNESS my hand and official seal.
Signature
~ cK ~__
(SEAL)
j& & & A - - ~I~~ ~.~~~~E~ - J
~. COMM.#1569561 ~
NOTARY PUBUC CALIFORNIA "
. ORANGE COUNTY "
~ My eomm. expires = 13. 2fK1iJ
. ~__...';';'--"Vij,~_'"'ji'" ---:1':;
CERTIFICATE
The undersigned. as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of
Anomey remains in full force and has not been revoked, and furthclmorc, thaI the provisions of the resolution of the respective Boards of Directors of said corporation
set forth in the Power of Attorney, is in force as of the date of this Certificate.
111lS Certificate is executed in the City of Irvine, Califomia, the 20TH day of
MAY
2008
By
Albert Hillebrand, Assistant Secretary
~I-~
ID-I438 (Osn (Rev. 12/05)
16D3
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,
EXHIBIT A
PUBLIC PERFORMANCE BOND
Roberts Ranch Pioneer Museum Driveway and Sitework
Bond No. 582755P
Contract No. 08-5056
KNOW ALL MEN BY THESE PRE:SENTS: That FTA Holdings, LLC d/b/a Ace Asphalt
16981 Jame Whitehead Rd, Ft. Hyers FI, as Principal, and Developers Surety and
InrhefTIn i tf ('nmf'rlnf ' as Surety, located
33 6 h Stree South, Suite 205, St. Petersburg, FL 33701
(Business Address) are held and firmly bound to
The Board of County Commissioners of Collier Count v ,as Obligee in the sum of
Seventy Four Thousand Eiaht Hundred Twenty Right Rnrl Nn/lnn------
($ 74,828.00 -- -- -) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
at
WHEREAS, Principal has entered into a contract dated as of the 15th
May 2008, with Obligee
Roberts Ranch Pioneer MuseuTll_Driveway and Sitework
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
day of
for
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 Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
GC-CA-A-4
16D3
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 Obligee for more than the penal
sum of this Pelformance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this 20th
day of May , 2008, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Signed, sealed and delivered
in the presence of: W
~4{',~ 0 O~y\1.
-------
~
PRINCIPAL
FTA Holdings, LLC
d/b/~AC s ha
~~
BY: ./
NAME: 4A---... ~c..,../
ITS: /1~cf
Witnesses as to Principal
STATE OF ~()~'\ &~
COUNTY OF L-eQ...
The foregoing instrument was acknowledged before me this ,:;t2::,"lt\ day of
'CYYl-M , 2008, by _4\r\\rV\ ~~t: ' as
'f'I\vS'I\.'o.;r of Ie "'" < LI.' ~e ft~~: l \-- , a
\...U corporation, on behalf or-the corporation. He/she is
I?ersonally known to me OR has produced
M as identification an did (did not) take a~~~
"":l\~'I~',,, TAMMYR.BENOlT (Signature)
/'W'- :'':\ NolalyPubIlc.Staloof_
1. . iMY Commission ExpIres Jun 16, 2009 n n I
.'" __ Name: "'\C,v'V\Vh^-'l K ~J\';;f):-t:-
""'" ~< Ccl,_,'DD441590 '-
.....'/r,I....".. _ _Na4llyAoon. (Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of: ~f""'\\(\u..
Commission No.:~~44\s<.\O
GC-CA-A-5
16D3 ~'
ATTEST:
SURETY:
Developers Surety
and Indemnitv Company
(Printed Name)
33 6th Street South, Suite 205
St. Petersburg, FL 33701
.l.12.7) R7.7.-Sr;l n
(Business Address)
(Authorized Signature)
Witnesses as to Surety
(Printed Name)
OR
"
,w
lli~,'C.- ~cJP
AgeYlt
-
I I J r\ //
V k1 t(, f:. tL~ IY.e..;ULU---
Witnesses
Douglas B. Leek
(Printed Name)
Brown & Brown of Florida, Inc.
P. O. Box 2412
Daytona Beach, FL 32115-2412
(Business Address)
(386) 239-5716
(Telephone Number)
STATE OF
COUNTY OF
Florida
Volusia
The foregoing instrument was aclcnowledged before me this 20th day of
May ,2008, by Douglas B. Leek , as Attorney-In-Fact
of Developers Surety and Indemnity Company , a __ Surety, on
behalf of Surety. He/3l!xe:: is ~rsonally known to me OR has produced
as identification and who did (did not) take an oath.
/R ~.-R .
. r~ci~~~~~;:;J 1__ Y'cClI" ,,( )t'){
My Commission Expires:
April 30, 2010
,\''''1,
>1:~' ~" REBECCA A. ROBINSON
f.fc~~.i Notary Public. State of Flonda
(AF~~EII0IJt.Um5lJti'jJL:~s April 30. 2010
'''',;r:ff.~~'- Comrp No DO 508407
Name: Rebecca A. Robinson
(Legibly Printed)
Notary Public, State of: Florida
Commission No.: DD 508407
GC-CA-A-6
3rO'.,'i. Bro'...;::
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
t
INSURERS AFFORDING COVERAGE i NAIC #
.. - ----------- -'-.-'-"~------ -- - , ---- --
l__l_r_~~~~E!:'_~_Ii:( I_.c.Q.JlIT<~ L<;:; i gJ _ _,In.3 u ran C ~_.C 0 . _1__
1.~N_~,~f2.~f'1!'J~!: 1: _..JL~ lJ .c.t,lll:.::.g___.c~~Qy'__ r
r'N~SURE". C~mm ___~ _~~_ __ m~ --
INSUFlEf\C
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14.' 2 .::::.' ~\
ACORD,. CERTIFICATE OF LIABILITY INSURANCE
;:~OJ'JCI'l;
fh'~ll~ ~3Y-2]8-02~~
S] ':d.
2?~12
INSUREO
FT.l:. Ec-ldL;igs, LLC
see Remarks for Named In3ureJs
16921 Jbme3 Whitehead Rd.
Ft. MyeT3 FL 339:2
COVERAGES
THE. P0LrCIE::5 OF' rI.JSuR::',NC~ LISTED BELOw HP~VE BEEN ISSUED TO THE. WSuRE[> f',i;'l1E.D ?l30""[. f"OR H'.E POLICY pE.RrOD ItWICATED.
~,;OTWITHSr;',NDING F-.NY RE.QUIREMENT, TERl'-~ 01' U)t';OITION Of .;3"N1' CONTR::'_CT OF. OTHER OOCUHENT WITH RESPECT TO WHICH THIS
':~KTlfIC;'_TE MAY BE ISSUE,D Of< l"t"Y PERTAIN, THE UJSUl'_,'\.NCf. ,c,n-OI',OED BY Tr.E POLICIES DESCRIBE.D HEREIN IS SUBJECT TO ALL THE
TE.PJ-lS, E::XCL:JSIOIJS I\t.;D CONIHTF:X-JS Of SUCH pOLrCU:'S, ;.GGHE.G;',TE LIMrTS SH')nN M;"Y J-l..~.'''E BEEN REDUCED BY L:>.[D CL;',TMS.
-I~;: 00' -- ---- ---~--;:~- ,.-- PO~~~~~~-R '-POU~Y.E",~EC;rI~E pow.f/ EX~~~T!ON i ~--~-'---~I~~;;----~
A ~!:MLLlABIUTY ICPPOoJOSi043 12/19/200"' 12/19/2006l~.AC~~~~~i;~- $l~OO._O.QQ.,___
f;s,~ COMMERCI^, GENER^, UAll<l IT , I J"'E~{E."",....~.l~_~ GJ. 00,00 C'_ -~~-
~~=-] CLAIMSMA!:X: l2;__ ] OCcuR I LMEDE_XDAf1Y.~J~H~f1I~_tT $2..-_Q.QL.---.--
r ~.XG~E:.Ir.l'=AG~G~P-E~G-~A-~TEtl~IM-,~.lA~. "--.IEuS-"C~ : 1:::'~::~::Y.t ;t~,~~r~-::~~
[ " ,'TL non L~_~~~.PQ>^~~Ju-,j)Q,QJ.cI~~~~-----
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,,< POLICY: : EeT " leX; I
Cj:.OC<I;~,;8:~ !J.2 ~9 2007112 /19/2D05 ICOUBINED~NGLELI".n
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JESCFl',PTION OF OPERATlONS.I LOCAT10NS / VEHICLES I EXCLl1SlONS ADDEO BY ENOO"Se'-'t'r-,T i SPECIAL. PROVISIONS
:;'11"D It~SURi,DS: FT.);.. Eeidinos LLC; l',CE Asphalt, ACE ;'.sphaJ.t [n~tdi:"a~ion LLC; P,CE A~phalt.. !'nQ1.lstries LLC; ACE p-.spha:.::
le'v'el-:;pl"1€-nt. :..LC. '
"LD U..::._YS NOTICE OF CANCE.Ll.ATrON ,~,H':'lES F'CR t'lCN-r';Y!-lEl,Y 0:" PFf.H!G'l--l, 3(' Cl>.'iS I"-'::;P, 1'.1.,L OTH.ER RE..;:._SONS,
E.: EID ;0i3~50S6 Roberts p,.;nc;~ Fior.eez M'..JSEVIl1 D:::i'.;eway I> Site Work, 1215 RobertS A'Jen'JE, Immokalee, fL. 34142
:;,llie:c C0unt-.,. Bo,,-rd of CO\.;f\t.... CCr<1Ifli~ior,ers ~.s ;;d:;itional In~L\re'::i ....it,.. rE-oa:<ds to the General Liabilit~' cover3.0f- sr-,own
';:;'OI,'E; fo: WO~k. pE:rfOrlT'EC O~i ~~-'E named ,n~ureo ;;s req\.ired o~/ writt.en contr:;;.ct - S>..;cr, coveragE: :2.!; pro,,,'ide-:i on a -frin<3r:,.'
:)nt..Lnu;::;j,. . '
CERTIFICATE HOLDER
CANCELLATION <" I'
':':0:l~e:: ~,~",_:-,t:. C':::'dCj::~
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':'.::r;(f} c "'_
S:-:CULD ;'.NY OF TbE _CillC>'v'E DESCP,I?>E;.D PC'L:CI~S BE C".NCr,L:l_,E[.
~E.FOSE THE. D:?'IEATICN [lATE THE.?SOF, TH?: ISSUING IlJSlJr.::::::
."ILL EIJD~;'_'J':)P. TC l'-J}-IL '](1 D.:',,"S ,,'PIT'.:'EP W)TICE 1'C- THE
1 ~~~.;, ~ ~ i;;'~);;~ ;~~~-:~~,~ L ~:~~;~ c~C'c~:; ~ ~ ~:~~~ r ~~,tJ,~,;_ F~:::~:U~ u~,,):; fF'(."
I': t:t. r,J'~:,',.'n, ! TS .;;r:;s';:,:, '::::~ P EP!="S"E.;,T;',~:- :\'S:::_
l A)i,'"-ORIZE~ f;E;:RESE"T~"WE
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ACORD 23 i2CO~ CE\
('; ACORD GORPORA,im.: '19se
16D3
IMPORTANT
\f the certificate holder is an ADDITIONAL iNSURED. V',e policy(ies) must be endorsed A stater:-,ent
on this ce,1ificate does not confer rights to the certtficate holder in lieu of such endorsement(s)
If SUBROGATION is VI/AiVEDJ 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 i..., 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 piod:..;cer, and the certificate holder, nOf does it
affirmatively or negatively amend, eX:e~ld or a'ter the coverage afforde8 by tne poliCies fisted thereon
A.CO.:W 25 (201)1 Cf!:
16D3
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance acceptable to the Owner shall be filed with the Owner within ten (10)
calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has
acquired and put in place the insurance coverages and limits required hereunder. In addition,
certified, true and exact copies of all insurance policies required shall be provided to Owner, on a
timely basis, if requested by Owner.
(5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the
Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
16D3
coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
from any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4. The Certificates of Insurance must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? ~ Yes D No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
Contractor during the term of this Agreement for all employees engaged in the work under this
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
not be less than:
a. Worker's Compensation - Florida Statutory Requirements
GC-CA-B-2
16D3
b. Employers' Liability
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work.
o Applicable [g] Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work.
o Applicable [g] Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? [g] Yes 0 No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
General Aggregate $ 300,000
Products/Completed Operations Aggregate $ 300,000
Personal and Advertising Injury $ 300,000
Each Occurrence $ 300,000
Fire Damage $ 50,000
General Aggregate $ 500,000
Products/Completed Operations Aggregate $ 500,000
Personal and Advertising Injury $ 500,000
Each Occurrence $ 500,000
Fire Damage $ 50,000
X General Aggregate $1,000,000
Products/Completed Operations Aggregate $1,000,000
GC-CA-B-3
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
16D3
$1,000,000
$1,000,000
$ 50,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 50,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
(3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
coverage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement.
D Applicable [g] Not Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement.
D Applicable [g] Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
GC-CA-B-4
16D3
(2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? ~ Yes D No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
Bodily Injury & Property Damage - $ 500,000
X Bodily Injury & Property Damage - $1,000,000
Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
GC-CA-B-5
16D3~k'
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and
Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-6
16D3
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER)
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated 2008 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2008, by
,. ~ ,a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
GC-CA-C-1
16D3
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Time:
Revised Contract Time:
%
%
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION $
Retainage @ 10% thru [insert date] $
Retainage @ _0/0 after [insert date] $
=
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due: and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
GC-CA-D-1
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16D3
EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
FROM: Collier County Government
Construction Agreement Dated:
Date:
Change Order Description
Original Agreement Amount ...........................................................$
Sum of previous Change Orders Amount ..............................$
This Change Order Amount ...... .................................................$
Revised Agreement Amount ...................................................... ...$
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Approved by: Date:
Division Administrator
Approved by: Date:
Purchasing Department
GC-CA-E-5
Authorized by
Director
(For use by Owner: Fund
Number: )
Cost Center:
Date:
Object Code:
GC-CA-E-6
16D3
Project
16 ~';'
.. ' .i) L;
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No
PROJECT:
Design Professional's Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
GC-CA-F-1
16D3
The responsibilities between OWNER and CONTRACTOR for security, operation, safety. maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2008
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2008
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2008
OWNER
By:
Type Name and Title
GC-CA-F-2
--W"" ,
16D3
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2008
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
GC-CA-G-1
By Design
Professional:
By Owner:
GC-CA-G-2
lhf1~
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
16D3
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
GC-CA-H-1
~
Ij:~t ~~
,;;:J/
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
16D3
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 6:00 p.m., Monday
through Saturday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
GC-CA-H-3
16D3
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
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4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
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5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named.
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Requests for review of substitute items of material and equipment will not be accepted
by Owner from anyone other than Contractor and all such requests must be submitted
by Contractor to Project Manager within thirty (30) calendar days after Notice of Award
is received by Contractor, unless otherwise mutually agreed in writing by Owner and
Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
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8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services.
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All buried and concealed items, both inside and outside the Project site, shall be
accurately located on the annotated drawings as to depth and in relationship to not less
than two (2) permanent features (e.g. interior or exterior wall faces). The annotated
drawings shall be clean and all changes, corrections and dimensions shall be given in a
neat and legible manner in a contrasting color. The "As-Built" record documents,
together with all approved samples and a counterpart of all approved shop drawings
shall be available to the Project Manager or Design Professional for reference. Upon
completion of the Work and as a condition precedent to Contractor's entitlement to final
payment, these "As-Built" record documents, samples and shop drawings shall be
delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
GC-CA-H-9
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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.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit.
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In the event such change Work is performed by a Subcontractor, a maximum ten
percent (10%) markup for all overhead and profit for all Subcontractors' and
sub-subcontractors' direct labor and material costs and actual equipment costs shall be
permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of
its overhead and profit, for a total maximum markup of fifteen percent (15%). All
compensation due Contractor and any Subcontractor or sub-subcontractor for field and
home office overhead is included in the markups noted above. Contractor's and
Sub-Contractor's bond costs associated with any change order shall be included in the
overhead and profit expenses and shall not be paid as a separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
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12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
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13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work.
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At the completion of the Work, Contractor shall remove all debris, rubbish and waste
materials from and about the Project site, as well as all tools, appliances, construction
equipment and machinery and surplus materials, and shall leave the Project site clean
and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
GC-CA-H-14
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to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
GC-CA-H-15
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provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
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time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
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Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
GC-CA-H-18
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promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
GC-CA-H-19
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such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
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24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
GC-CA-H-21
26. EMERGENCIES.
16 D 3P'~m;1
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
GC-CA-H-22
16D3
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
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28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.neUpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
GC-CA-H-24
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All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
GC-CA-H-25
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
GC-CA-H-26
16D3
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
GC-CA-H-27
16D3
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.119
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PM IS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
GC-CA-H-28
16D3
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing for all employees that shall provide services to the County under this
Agreement. This may include, but not be limited to, checking federal, state and local
law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
37. VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for
consideration of a Value Engineering (VE) study conducted during project development.
A "project" shall be defined as the collective contracts, which may include but not be
limited to: design, construction, and construction, engineering and inspection (CEI)
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
GC-CA-H-29
16' n gl "11'+:
. -." U _21 J
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
1. The County may, at its discretion, use VISA/MASTER card credit network as a
payment vehicle for goods and/or services purchased as a part of this contract.
GC-CA-I-1
16D3
EXHIBIT J
TECHNICAL SPECIFICATIONS
GC-CA-J-1
16D3
EXHIBIT K
PERMITS
GC-CA-K-1
16D3
EXHIBIT L
STANDARD DETAILS
GC-CA-L-1
16D3
EXHIBIT M
PLANS AND SPECIFICATIONS
GC-CA-M-1
1603
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1
16D3
Vanderbilt Beach Road
Airport Road to Collier Boulevard
Current Activities:
. Lime rock placement from Logan Bonlevard to Collier Boulevard.
. Lime rock grading from Vineyards Boulevard to Logan Boulevard.
. Lime rock grading on Collier Boulevard.
. Utility placement across Village Walk Circle.
Last Week's Accomplishments:
. Lime rock placement from Logan Boulevard to Collier Boulevard.
. Lime rock grading from Vineyards Boulevard to Logan Boulevard.
. Utility placement across Village Walk Circle.
. Lime rock grading on Collier Boulevard.
Proposed Work Next Week:
. Lime rock placement from Logan Boulevard to Collier Boulevard.
. Paving Collier Boulevard.
. Reclaimed water main tie in at Village Walk.
. Utility placement across Village Walk Circle.
Milestones/Major Goals:
. Open Collier Boulevard on May 27th.
Progress to Date:
. Percent of Contract Time: 102.33%
. Total Percent Complete (in Dollars): 68.14%
Scheduled Completion Date:
. Contract Substantial Completion: 3/12/08
. Contract Final Completion: 4/1 I/08
. Projected Work Completion: 12/29/08
Approved Days Added:
. 140
Days Pending/Under Review:
140 days under additional review.
Contractor: AP AC
*As of July 30th. Perini Management Services Inc. will oversee all underground construction.
** Although Contractors may request additional days, Collier County only grants days that effect
controlling items of work.
Updated: Eddie Martin 5/8/08
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
I'nnt 00 p;nk paper~\~a~, ~~~'~~C~~I~)~~g~~d;'c:'n;'~~'~b~~~~?e~~C~I~ 12~~,~~~c~~~J$;,n~Od ;o:,~~al
UOCllll1Cnts arc to be lorwardcd to the Hoard Office only after the 130ard has taken aClJoll 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
execotion of the Chairman's signature, draw a fine through routing lines #1 through #4, comolete the checklist, and forward 10 Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routilHz order)
I.Frank Ramsey Housing and Human Service ~ s-/11
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 cvent 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 art: 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 05/13/2008
A roved by the Bee
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Frank Ramsey, Housing Manager
Phone Number
Agenda Item Number
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
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 Officc of the County Attomey, 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 executcd by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
2. 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
3. The Chainman's signature line date has been entered as the date of Bee approval of the
document or the final neaotiated contract date whichever is ap 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 Bee approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines~
6. The document was approved by the BCC on 05/13/2008 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.
252-2336
16D_Lf
Yes N/A(Not
(Initial) Applicable)
71-
~ nJa
%-
*-
It
~
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4166132 OR: 4360 PG: 2585
RHCORDHD In OFFICIAL RHCORDS of COLLIHR COUNTY. FL
05/15'2008 at 12:53PN DWIGHT H, BROCI. CLHRI
RHC FBB 27.00
COPIES 3.00
Frank Ramsey
Collier County UUS
3301 K Tamiami Trail
Naples, Florida 34112
Retn:
CLHRI TO THH BOARD
INTBROFFICB 4TH FLOOR
HXT 8406 FRANI RAMSHY
16D4
File# 08-185- 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 :.203 day of April, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Orriane Louissaint" (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 "8," 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
terminafe 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: 4360 PG: 2586
may, at its sole option, collect the impact fee amount in default as set forth in the lJ'~nQ, 4
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:
DWIOaf'E. (BROCK, Clerk
,", ,. ,'<"
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, F ORIDA,
BY~.fku t: ~ ~ .
Attest IS.., " .... ': I~'fty Clerk
If.......H...
".:', '
By:
Wbvs:~~) ~
Print Name ~9~~ p V\ l
OWNER:
Witm)sses:
.,
~/ /i~;-un <-
Print Name
"2
/,,~
,
J\j,;.....l'lL-.
Ji:
1-
d,"-<
IJvj"\.J
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
The foregoing Agreement was acknowledged before me this .;.: ') day of -L1 vi; / ,
by () If, (J M Jot. : '>. q "'/- ,who is personally known to me or has produced
'\L' \ ~) as proof of identity.
(7;)/) n I )}vJfl~
~erson Taking Acknowledgment
.p~tJ'y~~
~ MY COMMISSION # 00474300
"\;OFf\.~ EXPIRES: Sq:ltember2J. 2009
1~IXq-NOTARY FI. NClIII')'OllOWnr~, rQ,
Approved as to form
and I al sufficiency:
~
):::1: ~
./Marcy Krumbine, MPA
Director
Collier County Housing and Human Services
~ Je ey A. Klatzkow
U. . Chie 1\ssistant County Attorney
EXHIBIT "A"
*** OR: 4360 PG: 2587 ***
16D4 ';,~
LEGAL DESCRIPTION
Lot 43, 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
13452 Covenant Road, Naples, Florida 34114
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
1. Law Enforcement Impact Fee
JAK Approved~~_
ORIGINAL DOCUMENTS CHECKLIST & ROUTING1I$>D 511-.
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT 1'6 Of"~
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original docum..:nt. Original documents should be hand delivered 10 the Board Onice. The completed routing slip and original
documents are to be forwarded to the Board Office only lifter the Roard has taken action on the Item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or intonnation needed. If the document is already complete with the
exception of the Chainnan's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I.Frank Ramsey Housing and Human Service TL r;j/Lj
2. Chairman Tom Henning BCC
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Otlice
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 BeC Chairman's signature arc to be delivered to the Bee office only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the Bee
Type of Document
Attached
Frank Ramsey, Housing Manager
Phone Number
252-2336
16D-5"
Yes
(Initial)
N/A(Not
A lieabIe)
05113/2008
Agenda Item Number
11-
nla
Impact Fee De~_~1 Agreement
Number of Original
Documents Attached
71-
TfL
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 Attomey, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attomey's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the Bee
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 ofthe
document or the final ne otiated contract date whichever is applicable.
"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 Bee office within 24 hours of Bee 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 05/13/2008 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.
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
Return to
4166133 OR: 4360 PG: 2588
RBCORDBD In OFFICIAL RBCORDS of COLLIER COUNTY, FL
Oi/Ii/2008 at I2:53PH DWIGHT E, EROCK, CLERK
REC FEE 27,00
COPIES 3,00
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples. Florida 34112
Retn:
CLBRK TO THB EOARD
INTEROFFICE 4TH FLOOR
EXT 8406 FRANK RAMSEY
16D5 ~~
File# 08-056-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 q ~day of April, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Gene Silguero and Jennifer Silguero"
(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 trom 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 efJective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twentv Three Thousand
Three Hundred Fiftv One and 64/1 00 Dollars ($23,351.64). 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 cvidencing same.
7. In the event the OWNER is in delimIt 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: 4360 PG: 2589
may, at its sole option, collect the impact fee amount in default as set forth in the If?arU,5 j ~
or bring a civil action to enforce this Agreement, or declare that the deterred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximwn statutory rate for judgments calculated on
a calendar year basis until paid.
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 CO NTY, FLORIDA,
M""4f
By: " ';~iA." - .tJL .
;,' .' '~Clerk
Attnt at to ~l..... .
.t~turt 0111 ~ ':
By:
Wi~~
pr~nt am'-"'III~C ~~
OWNER, ~
GenW;;:
STATE OF FLORIDA)
COUNTY OF COLLIER)
foregoing Agr emen~ WI as acknowledged before me this 'l\'V' day Of~(; I ,
, \ 0 , who is personally known to me or Has produced
. as proof of identity.
II.
II
l.ti-vL--
Sign ture of Person Taking Acknowledgment
Approved as to form
and I I su!"ficiency:
Recommend Appro al:
~~
ar Krumbine, A
Director
Collier County Housing and Human Services
b Jeffr y . Klatzkow
l) Chie ssistant County Attorney
EXHIBIT "A"
*** OR: 4360 PG: 2590 ***
16D5 I~
LEGAL DESCRIPTION
New Market Subdivision, Block 19, Lot 5, Collier County, Florida
Street Address
509 Madison Avenue West, Immokalee, Florida 34142
EXHIBIT "B"
IMP ACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E.' Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
Amount Owed
TOTAL IMPACT FEES
$112.04
$219.80
$506.25
$1,027.00
$2,272.00
$9,206.00
$8,884.00
$807.00
$317.55
$23,351.64
JAK Approved_J_/_
ORIGINAL DOCUMENTS CHECKLIST & ROUTING1IP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T e..JJ 6
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG frl , ..
Print on pink paper. Attach to original document. Original documents should be hand delivered Lo the Board Oflicc. The completed routing slip and original
documents are to be f{)TWarded to the Board Office only after the Bo,ml 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 lines # I through #4, complete the checklist, and forward to Sue Filson (line #5)
Route to Addressee(s) Office Initials Date
(List in routing order)
I.Frank Ramsey Housing and Human Service 71--- ~/1
2. Chairman Tom Henning BCC
3, .
4,
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INI<'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 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
Contact
Agenda Date Item was 05/1 3/2008
A roved b the Bee
Type of Document
Attached
Frank Ramsey, Housing Manager
Phone Number
252-2336
l6D _&
Ves
(Initial)
N/A(Not
A licable)
Agenda Item Number
Impact Fee Deli
Number of Original
Documents Attached
7(
7K-
]rC
Tl-
t/-
n/a
I.
INSTRUCTIONS & CHECKLIST
Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters. must be reviewed and signed
by the Office of the County Attorney. This includes signature pages Ii-om 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 ossibI 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 Chainl1an 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 conn'act 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 Bee 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 05/1312008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan CS, if a licable.
I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03 04, Revised 1.26,05, Revised 2.24.05
2.
3.
4.
5.
6.
Return to
4166134 OR: 4360 PG: 2591
RECORDED In OFFICiAL RECORDS of COLLiER COONTY, Fl
05/15/2008 at 12:53PM DWiGHT E, BROCK, CLERK
REC FEE 27,00
COPIES 3,00
Frank Ramsey
Collier County IHIS
3301 E. Tamiami Trail
Naples. Florida 34112
Retn:
CLERK TO THE BOARD
INTEROFFICE lTH FLOOR
ErT 810, FRANK RAMSEY
16D6 'll!tf
File# 08-I79-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 April, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Fernando Lago and Amelia Lago"
(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 witlh 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 irnpact 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 oftlhe transfer. As set
forth in Exhibit "8," the amount of tlhe 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 tlhe 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 ofirnpact 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
otlher security interest, this lien shall otlherwise 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 docurnentation evidencing same.
7. In the event tlhe OWNER is in default under tlhe Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
OR: 4360 p~ 6511 6 " /'1
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. BROC.l<., Clerk
'",l'.' 1::.',
. '., '"
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA,
5 Qr!
BY. ~QC
.~ n to ..'. , t. Clerk
"~~tlll't OAh
By:
"i'.~, l, .
OWNER:
\..Wjt~esse,f . -----;;. J
- /)11J'{,~(.{;,_ 1\
Print Name /)vj{
f~~
Fernando Lago
Witnesses:
Z?V/7k
rint Name
::2< ;t/"
/\j,{ 'C<o (0"- 7,';~
y
OWNER:
~/
CJ'6
Amelia Lago
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
The}oregoing A~reiement was acknowledge.d before me this J. :' day of A p fl \ ,
by"', (" v".,\" ~ ,\ I,l; I" ~ LC((h,,, who IS personally known to me or has produced
(] as proof of identity,
/
OTARIAL SEAL]
:#j~-- LISA B. LI'KOW
~W: :.~ MY COMMISSION 1/ D07!l322O
EXPIRES Morch 0.4. 2012
. "
(407) 311-0153 1ClI.C>>nl
Approve as 0 orm
and legal sufficiency:
Reco mend Approval:
~
---R
A. Klatzkow
ssistant County Attorney
Ma cy Krumbine, MP A
Director
Collier County Housing and Human Services
EXHIBIT "A"
*** OR: 4360 PG: 2593 ***
16D6
",',ld
;\-1
LEGAL DESCRIPTION
Lot 46, 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
13464 Covenant Road, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
B. Correctional Facilities Impact Fee
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
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
TOT AL IMPACT FEES
$12,442.46
JAK Approved -.-J_I_
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 D 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
. I $
Print 011 pink paper. Attach to original document. Original documents should be hand delivered to the Board Office The completed routing slip amI 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. tfthe document is already complete with the
excePtion of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5)
Route to Addressee(s) Office Initials Date
(List in routinl! order)
I.Frank Ramsey Housing and Human Service -1-t- SPi
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, need to contact staff for additional or missing
infonnation. All original documents needing the BCe Chainnan's signature are to be deliveTi~d to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was 05/13/2008
A roved b the Bee
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Frank Ramsey, Housing Manager
Phone Number
252-2336
l6D
-7-
Agenda Item Number
Number of Original
Documents Attached
Yes
(Initial)
N/A(Not
A licable)
I.
INSTRUCTIONS & CHECKLIST
Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages jrom 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
Chainman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Altomey's
Office and all other arties exce t the Bee Chairman and the Clerk to the Board
The Chainnan's signature line date has been entered as the date of Bee approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bee office within 24 hours of Bee 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!
The document was approved by the BCC on 05/1312008 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.
1f--
nla
11-
Td---
Jt-
~.
2.
3.
4.
5.
6,
I: Fonns/ County Forms/ BCe Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised I.26,05, Revised 2.24.05
Return to
4166135 OR: 4360 PG: 2594
RECORDED In OFFICIAL RECORDS of COLLIER COUNTY. FI
05/15i200B at 12:53PM DWIGHT E. BROCK. CLERK
REC PEE 27.00
COPIES 3,00
Frank Ramsey
Collier County IIUS
3301 E. Tamiami Trail
Naples, Florida 34112
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
EXT B406 FRANK RAMSEY
16D7;'"
File# 08-183-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 1.3..- day of April, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Viergenie Alliance and Dieumonfranc
Alliance" (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 Agreemenf, the terms of the Ordinance
shall apply.
2. The legal description oftlhe dwelling unit is attached as Exhibit "A,"
3. The term of tlhis 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 tlhe dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) tlhe 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 tlhe 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 tlhe Ordinance or with tlhis
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
otlher security interest, this lien shall otherwise be superior and paramount to the interest in
tlhe dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that tlhis
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 tlhe 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: 4360 PG:i65n 7
may, at its sole option, collect the impact fee amount in default as set forth in the Ordmance,
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.
.j tl1i
!
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT~..~ItO€~perk
BOARD OF COUNTY COMMISSIONERS
COLLIER,UNTY. F ORIDA,
By: ..:J<fJ1,
TOM HENN G, CHAI
By: ~ ~L 0.(
.riest _. '. ,'. t. It" Clerk
.1~'Oltl1i
, . '
",',
.:, ,j.
,Wjtnessesg. '----:J V/.t /
'l!)";rw{~ut2- 1\ ~ Hv1 n';'f/e
PrintName6me&mJ\) HOrh"lw)
OWNER:
t4~~.e.. 94/// 4/?~-e
Viergenie Alliance
OWNER:
wiisses:
-; ~-
Print Name
3:~-:t""\'i~'
\ ~ '
o "'((i{>70"- ffl"'1^' ""(/19'1".(
Dieumonfranc liance
2008,
STATE OF FLORIDA)
COUNTY OF COLLIER)
Tht; foregoing Agreem,\\nt was acknowledged before me this ~ day of !\pr, I ,
by V,t"'~r)'e .f- U,<,u'""',(,"''L who is personally known to me or has produced
v' fL I () 0Proof of identity.
'\
RIAL SEAL]
Qi~~ LISA B. L!FKOW
1>' :>~ MY COMMISSION # 00753220
. ," ' ' EXPIRES March 04. 2012
(-401 -.0153 FIOl'kI.NcQryhrvU.oom
Approved as to arm
and legal sufficiency:
Recommend Ap roval:
.J.--,
cy Krumbm ,MP A
Director
Collier County Housing and Human Services
t-r!l Jeffi y . Klatzkow
l) - 'Chie ssistant County Attorney
EXHIBIT" A"
*** OR: 4360 PG: 2596 ***
16D7 ~?,
LEGAL DESCRIPTION
Lot 47, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, ofthe Public Records of Collier County, Florida.
STREET ADDRESS
13465 Koinonia Drive, Naples, Florida 34114
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~_/_
!
ORIGINAL DOCUMENTS CHECKLIST & ROUTlNQII;~m 8
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT lIilO U
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be IUll1d delivered to the Board Office The completed routing slip and original
documents arc to be fi)fWardcd to the Board Otlice only after the [ioe!l"(l 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 tines # 1 through #4, comnlcte 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 l'[uman Service -#- DIN /00
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 IN}'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 Bee Chairman's signature are to be delivered to the Bee of/ice only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was 05/13/2008
A roved b the Bee
Type of Document
Attached
Frank Ramsey, Housing Manager
Phone Number
252-2336
160-
Yes
(Initial)
N/ A (Not
A plicable)
Agenda Item Number
Impact
Number of Original
Documents Attached
7i
n/a
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 Omce 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 ossibI 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 Bee approval of the
document or the final ne otiated contract date whichever is ap licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 05/13/2008 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.
'7h<
7fL
2.
3.
4.
5.
6.
I: Forms/ County Forms! BCe Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Retumio
OR: 4360 PG: 2597
RBCORDBD In OPFICIAL RBCORDS of COLLIBR COUNTY, PL
05/15/2008 at 12:53PN DWIGHT B, BROCK, CLBRK
RBC FBB
COPIES
27.00
UO
4166136
Frank Ramsey
Ho..i"la.d H....a" Servkel
3301 E. Tamill..i Trail
Napla,F1oridaJ4112
File# 08-t51-IF
Retn:
CLBRK TO THB BOARD
INTBROPFICB 4TH PLOOR
EXT 8406 PRANK RANSEY
16D8
~"1
ThilspacerorrKordi"l
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
Aoi,1
This Agreement is entered into this II day of ~, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Lennar Homes LLC" (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:
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 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 Two Hundred Thirteen Thousand Nine Hundred Ten and
481100 Dollars ($213,910.481.
5. The deferred impact fees shall be a lien on the property described io 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(s). 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
assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or
Page 1 of2
OR: 4360 PG: 2598
declare that the deferred impact fees are then in default and immediately due and payahle. The16 D 8
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. DEVELOPER will
sell the unit to persons whose legal status will be verified, documented and kept on file at the
office of Housing and Human Services. If the developer fails to comply with the tenns of the
agreement. or the unit ceases to be utilized for affordable housing, Of is not sold to legal
residents, the full amount of deferred impact fees shall be i mediately repaid to the County,
including all applicable interest and penalties.
8. This Agreement is the sole agreement between the p es with respect to the subject matter
herein, and shall be binding upon the DEVELOPER'S ccessors and assigns in interest.
9. This Agreement shaH be recorded in the official cords of the County at no cost to the
,~
,
COUNTY.
IN WITNESS WHEREOF, the Parties have exe ted this Agreement on the date and year
first above written.
Attesi'
. DWIGHT E, BROt:!<, Clerk
_ By:
r .
print~afb.6r{ft,j!
.
By 1\?jD<D
By:
Print Name: ~ I\\tMIl(CCli---
Title: hl'Jl~iOn Pr~'ac;I(Xl-j
STATE OF FLORIDA
COUNTY OF COLLIER
~h foregoing instrumentAgreement was acknowledged before me this
. Morek, 2008, by 00./'1'1"\ tl~u.(YlI1 as' ,
HOM S, LLC, who is ner~nMlly Icnown to me or has produced
identification.
[NOTARIAL SEAL]
NOTARY PUBLIC~STATE OF FLORIDA
"i"" Jennifer Leigh Ford
~ }Commission#DD680S07
"."".."" Exprres: MAY 31, 2011
BONDED THRU ATLANTIC BONDING CO.,lNe.
day of
for LENNAR
as
~
,Yf7n~/ ~tlch lOt::!
(Print Name of Notary Pu c)
,J-,
--
cy Krumbine, Di e r of
Housing & Human Service
Page 2 of2
*** OR: 4360 PG: 2599 ***
16D8~"
ExmBIT"A"
LEGAL DESCRIPTION
Building 1200; A Parcel of Land in Section 23, Township 48 South, Range 26 East Collier
County, Florida: A Portion of Tract "E", Heritage Bay Commons, a Subdivision as Recorded
in Plat Book 43, Pages 46 through 54, ofthe Public Records of Collier County, Florida (A 10
Unit Condominium Building)
EXHIBIT "B"
IMPACT FEE BREAKDOWN
9063 Gervais Circle
to-Unit Building
UNIT A
1,350 sf Living,
UNIT B
1,543 sf Living
A. ROADS $ 7,858.52 $ 7,858.52
B. EMS $ 112.46 $ 125.26
C. CORRECTIONAL $ 85.43 $ 96.89
D. LIBRARIES $ 402.79 $ 402.79
E. COMMUNITY PARKS $ 862.50 $ 862.50
F. REGIONAL PARKS $ 1,907.85 $ 1,907.85
G. SCHOOL $ 3,139.61 $ 3,139.61
H. GOVERNMENT BUILDINGS $ 450.18 $ 450.18
1. LAW ENFORCEMENT $ 186.20 $ 186.20
J. WATER $ 2,425.11 $ 3,616.49
K. SEWER $ 2,493.95 $ 3,722.39
TOTAL FEES PER UNIT $ 19,924.60 $ 22,368.68
NUMBER OF UNITS 4 6
TOTALS BY UNIT TYPE $79,698.40 $134,212.08
TOTAL IMPACT FEES $213,910.48
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT ~f>
Prinl on pink pap}A~a~ ~3~~C?,1~lt<;2g~L~1l;t~~'~h~~~'~~~~~~ 1~~;'r~~~c~~~o~~~~d~~l olat
documents are to be forwarded to the Board Otlice only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. !fthe document is already complete with the
exception of the Chairman's signature, draw a line throu"h routine: lines #1 throue:h #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 -r? ~/JV
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. 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 BCe Chairman's signature are to be delivered to the BCe office only after the BCe has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was 05/13/2008
A roved b the BCC
Type of Document
Attached
Frank Ramsey, Housing Manager
Phone Number
252-2336
16D -ll
Yes
(Initial)
N/A (Not
A licabIe)
Agenda Item Number
Number of Original
Documents Attached
71-
nJa
Impact Fee Den
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 Bee
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 Bee 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 licabIe.
"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 Bee approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified, Be aware of your deadlines!
The document was approved by the BCC on 05/13/2008 and all changes made during
the meeting have been incorporated in the attached document, The County Attorney's
Office bas reviewed the chan es, if a licable.
7/-
7i-
2.
3.
4.
5.
6.
I: Forms! County Forms! BeC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4166137 OR: 4360 PG: 2600
RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, Fl
05/15/2008 at 12:53PM DwIGHT E. BROCK. CLBRK
RBC PEl 27,00
coms 3,00
Frank Ramsey
Collier County HlIS
3301 E. Tamiami Trail
~aples. Florida 34112
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
BXT 8406 FRANK RAMSEY
16D11
File# 08-176-IF
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
<711"7';"Y
This Agreement is entered into this L...'..- day of April, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Carlos Metz and Joyce Metz"
(OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as 'The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Four
Hundred Eleven and 65/1 00 Dollars ($19,411.65). 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: 4360 PG: 2601
may, at its sole option, collect the impact fee amount in default as set forth in the ~rd~anqe,11
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 otlicial 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
COLLlE~!N~Y' F ORIDA,
~: ~ ~
TOM HENNING, CHAI
. ~ .~ ','. . (' ': /'.
BY:~, t~/O.(-
attht alto . t, tj:y Clerk
.tQl'atali't 0111.
"" '
"':;,; ,.
::~~~
RttawW/
~s,es:tJ 7 C .
. (;_. . d..ty
'-Print ame (,1:) (.:>. N (' 1.t\(V
OWNEf
jD~ ~ Q;;
Joyce Metz
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing ~gree~ent was acknowledge~fore me this ~/,5,7day of 1tr'l2-r / ,
2007, by (0 ilvlo:, Me (7.. of, J(),(ct" file' +2.... who AS personally known to me or has produced
F/onc!a .u,,'.\jc"..... L-,Cl2-flS L as proof of identity.
c1S /)C'\.-) 7. C~
SignatXe of Person Taking Acknowledgment
Approved as to form
and legal sutliciency:
/'. .
. t
Recommend Approval'
/
~::~;,
Director
Collier County Housing and Human Services
,--A~
--E
A
*** OR: 4360 PG: 2602 ***
EXHIBIT "A"
16D11
LEGAL DESCRIPTION
Unit 1603, Vista III at Heritage Bay Commons, a Subdivision as recorded in Plat Book 43,
Pages 46 through 54 ofthe Public Records of Collier County, Florida
9047 Gervais Circle #1603, Naples, Florida 34120
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Water System Impact Fee
K. Sewer System Impact Fee
$112.04
$89.82
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,415.00
$3,515.00
TOTAL IMPACT FEES
$19,411.65
JAK Approved _/_1_
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
Print on pink pap}A~~ ~~~,~?oc?n~nt~?g~~~c:m~~~~!c~~~~~~C~I~ 1~~(~(~~~C~~~o~~~~~~nt6 oDnal2
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 infonnation needed. If the document is already complete with the
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)
I.Frank Ramsey Housing and Human Service 11- )/1'1
2. Chairman Tom Henning BCC
3.
4.
5, Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needt:d in the event one of the addressees above, including Sue Filson, need to contact staff faT additional or missing
information. All original documents needing the BCe Chairman's signature arc to be delivered to the Bee office only after the BCe has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was 05/13/2008
A roved b the Bee
Type of Document
Attached
Frank Ramsey, Housing Manager
Phone Number
252-2336
]60 -1'2..
Yes
(Initial
N/A(Not
A licable)
Agenda Item Number
Impact
eement
Number of Original
Documents Attached
1L
*-
:tL,
TI-
1/-
~
nla
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 Bee
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of Bee approval ofthe
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si 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 Bee office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions arc nullified. Be aware of your deadlines!
The document was approved hy the BCC on 05/13/2008 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.
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised] .26.05, Revised 2.24.05
2.
3.
4.
5.
6.
Return to
4166138 OR: 4360 PG: 2603
RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY. Fl
05/15/2008 at 12:53PM DWIGHT B. BROCK. CLBRK
RBC m
com s
27,00
3.00
Frank Ramsey
Collier County nus
3301 K Tamiami Trail
Naples, Florida 34112
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 8408 FRANK RAMS BY
16012
File# 08-181-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 April, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Ketty Argote" (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 ofthe 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: 4360 PG: 2604
may, at its sole option, collect the impact fee amount in default as set forth in the olrDcD 12
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:
DWI.QB,TE, ,~ROCK, Clerk
)" "
BOARD OF COUNTY COMMISSIONERS
COLL.. IERJ'UNTY, FLORID~
By:-7~ ot
TOM HE
~~
By: ,"'..l '.' /.A.M <:\ . (
, At~', ~ llerk
..tIIItart Oftl w
OWNER:
:<(j})~ '
Kelty Argote
OWNER:
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
The for{;oing A1.reemet was acknowledged before me tlhis --E...'i.. day of AjC" / ,
by k<l!" /- "'if? r' , who is personally known to me or has produced
I as proof of identity.
~"".","-~
<<.~ PJ<P1IlE.'Uul,27,2010,
~ 1.~:l~OTAR'T 1'1,r>jowyDi~CIlUOIAss('r(;C0
.....,."..^^^^^
Recommend Approval:
Approved as to form
and legal sufficiency:
. Klatzkow
ssistant County Attorney
,
A--o
rcy Krumoine, MPA
Director
Collier County Housing and Human Services
*** OR: 4360 PG: 2605 ***
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 178, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, ofthe Public Records of Collier County, Florida.
STREET ADDRESS
13500 Koinonia Drive, Naples, Florida 34]]4
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
TOTAL IMPACT FEES
JAKApproved_/~_
16D12
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 SI.F
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .L 6 D 13
THE BOARD OF COUNTY COMMISSIONI~RS 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 arc to be t(lr\varded to the Board Office only after Lhe Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dales, andlor information needed.lflhe document is already complete with the
excePtion of the Chairman's signature, draw a line throuCJh rOllting lines # I through #4, comolete 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 "91- <JIlL(
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 BCe approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chainnan's signature are to be delivered to the BCe office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was 05/13/2008
A roved b the Bee
Type of Document
Attached
Frank Ramsey, Housing Manager
Phone Number
252-2336
l6D_13
Yes
(Initial)
N/A(Not
A licabIe)
Agenda Item Number
Number of Original
ocuments Attached
7J--
nla
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signedlinitialed,for legal sufficiency. (All documents to be
signed by the Chainman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attomey's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chainman and Clerk to the Board and ossibI 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 Chainman and the Clerk to the Board
The Chainman's signature line date has been entered as the date ofBCC approval ofthe
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of Bee 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 05/13/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed tbe chan es, if a Heable.
11-
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
Return to
4166139 OR: 4360 PG: 2606
RECORDED In OFFICIAL RECORDS of COLLIER COUNTY. FL
05/15/200S at 12:53PM DWIGHT 8, BROCK, CLERK
REC PEE 21.00
COPIES 3,00
(<'rank Ramsey
Collier County HHS
3301 I<:. Tamiami Trail
Naples, Florida 34112
File# OS-I77-IF
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
EXT 8406 FRANK RAMSEY
16013
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this :11.. day of April, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Ramon Lopez Berovides and Florinda
D. Perez Fernandez" (OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three
Hundred Seventv Two and 46/100 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 Agreernent shall run with the land, and neither
the deferred impacf 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: 4360 iG6 fiO?
may, at its sole option, collect the impact fee amount in default as set forth in the ordinance,13
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
By:
~,
BOARD OF COUNTY COMMISSIONERS
COLLlER!~TY' R ORIDA:
By: J'EJ1-
TOM HENNING, CHAI
Attest:
DWIGHT E.~R.oqK,,~lerk
'( .
Witnesses:
'--I1Lf'~+J,.(A CU,u O-i....CJ~
Print Name MC\,""t\iC, 1\ \I/Drc.d"
OWN~~
-~
~amon Lopez Berovides
,.~-"
OWNER(
,
Fernandez
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing A reement was acknowledged before me this ,1)~ay of flJJf' L ,
2008, byR",""y L.. tt.b flo"hL. OPCJL. , who is personally known to me or ~as produced
as proof of identity. -
~ " p::;;:;vv:'()LA~:
". . " ~~..-- >" ~I, lilY COMMISSION fI OD5788l\5 ~
_ ~ -.'" '&-~ EXPIRES July 271010 .
. , . o~~'OL-\RY FLN{\flllVOiscountAs!;ocC(l, (
nature of Person Takmg Acknowledgmerrt,~,
Florinda D. ~
\
v
..."'" YOLANDA H. HERRERA
~ MY COMMISSIO~ # OM18885
~~:t~~ARY ~~l~~~& L]
~....:-"A""'"
Approved as to form
and legal sufficiency:
Recommend App oval:
{rJefti y . Klatzkow
Chie ssistant County Attorney
-^--
----'
EXHIBIT "A"
*** OR: 4360 PG: 2608 ***
16DI3
LEGAL DESCRIPTION
Lot 33, 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
13412 Covenant Road, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Sewer System Impact Fee
K. Water System Impact Fee
TOTAL IMPACT FEES
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,515.00
$3,415.00
$19,372.46
JAK ^pproved_/~_
MEMORANDUM
Date:
May 14,2008
To:
Pamela Keyes, Environmental Specialist
Coastal Zone Management
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-131: Affirming a grant application
from the Florida Fish & Wildlife Conservation
Commission Florida Boating Improvement Program
Enclosed you will find a certified resolution and the original grant
application (Agenda Item #16DI4), adopted by the Board of County
Commissioners on Tuesday, May 13, 2008.
If I can be of any further assistance, please call me at 252-8406.
Thank you.
Enclosure (1)
16]14
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLUJ. 6 D 14
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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 afthe Chairman's signature, draw a line throue:h routine: lines #1 throul!h #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in TOutine. order)
I. Marlene Foord Grants Office
2. Colleen Green County Attorney
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 ofthc 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 BCC office only after the Bee has acted to approve the
item.
Name of Primary Staff Pamela Keyes
Contact
Agenda Date Item was 05/1 3/2008
A roved b the Bee
Type of Document
Attached
Phone N um ber
252-2980
16.D 14
Yes
(Initial)
N/A(Not
A licabIe)
Agenda Hem Number
Number of Original
Documents Attached
I: Forms! County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
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 Bee
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other aTties exce t the Bee Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of Bee approval of the
document or the final ne otiated contract date whichever is a IicabIe.
"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 Bee approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
16D14
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Florida Fish and Wildlife
Conservation Commission (FWC), Florida Boating Improvement Program (FBIP) Grant
Application for Bayview Park Boat Access Facility for the Coastal Zone Management
Department that, if awarded, will provide grant funds in the amount of $400,000.
OBJECTIVE: Recommendation to approve and authorize the Chairman to sign a Florida Fish and
Wildlife Conservation Commission (FWC), Florida Boating Improvement Program (FBlP) Grant
Application for Bayview Park Boat Access Facility for the Coastal Zone Management Department that,
if awarded, will provide grant funds in the amount of $400,000.
CONSIDERATIONS: Due to the increase in population growth throughout Collier County, Bayview
Park site has experienced a dramatic increase in usage. The demand from the general public for the
expansion of this park remains on a high priority status for the County. Upon final completion of the
project the facility will provide 80 new parking accommodations, one new launch lane, 140 feet of
increased dock loading space, increased safety standards, and educational signs that provide education
on manatee & seagrass protection, recreational boater safety practices and site specific maps that
define existing sea grass beds. Funding from FBIP will relieve some of the costs associated with this
project. We will use intergovernmental grant revenue to enhance Collier County Coastal Zone
amenities. Specific objectives of this project include:
- Removal of existing seawall and replace with new concrete seawall structure,
- Removal of existing dual-lane boat ramp and replace with new tripple-Iane concrete boat
ramp,
- Expand existing parking lot with new asphalt paving to include on and off site properties,
- Construct new wood boat docks with wood decking and wood & concrete pilings,
- Construct new kayak/canoe launching pad with elliptical concrete ramp,
- Install landscape and irrigation system,
- Install information kiosk and educational signage.
This project is currently being funded with previously budgeted funds for design engineering and
permitting resources the construction related funding source is projected in future reserve forecasting.
FISCAL IMP ACT: Upon award of the grant and approval of the grant agreement by the Board of
County Commissioner's, a budget amendment will be necessary to recognize revenue and establish the
project's expense appropriation.
GROWTH MANAGEMENT IMPACT: The Improvement of the Bayview Park Site supports
Objective 7.4 of County Growth Management Plan.
LEGAL CONSIDERATIONS: The County Attorneys Office has reviewed and approved this item
for form and legal sufficiency.
RECOMMENDATION: Recommendation to approve and authorize the Chairman to sign a Florida
Fish and Wildlife Conservation Commission (FWC), Florida Boating Improvement Program (FBIP)
Grant Application for Bayview Park Boat Access Facility for the Coastal Zone
Management Department that, if awarded, will provide grant funds in the amount of $400,000.
PREPARED BY: Pamela Keyes, Environmental Specialist, Coastal Zone Management Department
16D14
RESOLUTION NO. 2008- 131
RESOLUTION AFFIRMING AN APPLICATION FOR A
GRANT FROM THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION, FLORIDA BOATING
IMPROVEMENT PROGRAM
WHEREAS, the State of Florida Fish and Wildlife Conservation
Commission encourages counties to improve recreational boating in their areas
through the Florida Boating Improvement Program (FBIP); and
WHEREAS, Collier County desires to improve Bayview Park Site
located in the County; and
WHEREAS, Staff is requesting that the Board of County Commissioners
affirm submittal of a grant application and signed by the Chairman on behalf of
Collier County and to authorize the County Manager to designate a staff project
manager to perform all necessary acts to obtain these grants, and to accomplish
the goals of such a grant if awarded to the County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners affirms submittal of the grant application
sign by the Chairman, attached hereto, and authorizes the project manager to
apply for and administer the grant on behalf of the Board with all understandings
and assurances contained therein, and also authorizes Staff to act in accordance
therewith.
This Resolution adopted this l:)tV\ day of ~ 2008, after motion,
second and majority vote in favor of adoption.
ATTEST
. L ,~/ , .~
D~IGHT E. BRo.CK, Clerk
BOARD OF COUNTY COMMISSIONERS
C07NT
By.
Item# \~
. '
:'BY. JllUl_~J/ () L.
.-nato. I ,
if~~"~,
_J, '. .
Approved as to form and
legal sufficiency:
~~
"
Colleen Greene
Assistant County Attorney
Agenda S'" '2 .J,,(J
Date ~
Dat~ S....I'I..-1\g
Recd !.:..lI.-i.I
~~Cle~ rf-
16 D 14
fl., Florida Fish and Wildlife
, Conservation Commission
MyFWC.com
Florida Boating Improvement Program
Grant Application for Boating Access Facilities
Grant Application Number:
FOR OFFICE USE ONLY
I Date Received:
F"ll
II
h t
L
II th
bl k
I ina secllons t a applY- eave a 0 er see IOns an
I - APPLICANT INFORMA nON
a. Applicant: Collier County Coastal Zone Management Department
b. Federal Employer Id. No.: 59-6000558
c. Project Manager Name: Clinton Perryman Project Manager Title: Project Manager
d. Mailing Address: 3300 Santa Barbara Blvd. City: Naples Zip Code: 34116
e. Shipping Address: SAME City: Zip Code:
f. Telephone: 239.252.4245 Fax: 239.530.6531 Email: clintonperryman@colliergov.net
g. District Numbers: State House: 77 State Senate: 37 County Commission:
II - PROJECT SUMMARY
a. Project Title: Bayview Park Improvements
b. Type of Application: [8J New (never considered before) o Reconsideration o Phased Continuation-Phase No.: _
TIER-I TIER-II
c, Project Category: o A - Public Launching Facilities [8J A - Boat Ramps, Piers, and Docks
o B - Public Launching Facilities
d. Project Cost: Total Cost: $ 2,280.000.00 million Amount Requested: $ 400,000.00
e. Project Summary:
Bayview Park currently consists of an existing boat ramp and boat dock with parking lot, picnic pavilions, restrooms and
playground. Collier County's scope of work associated with this project includes: professional design engineering and
penmitting services, to redesign and expand the existing parking lot, complete replacement of the existing seawall, re-
construction of the existing dual-lane boat ramp to be replaced with a newly constructed tri-Iane boat ramp, site stonm water
management plan, replacement of the existing boat docks and the installation of newly designed boat docks. installation ofkayak
and canoe launching pad, new landscaping, and new informational & educational signage.
This park site is heavily utilized by citizens throughout Collier County and is considered a preferred site due to its unique
location within Naples Bay waters, and boundaries of the county. The park has been in existence for more than three decades
and this particular park site is the only County-owned boat ramp location within a 15 mile radius. The typical usage of this boat
ramp far exceeds the intended design capacity by a marginal percentage of 100% causing many rrequent boaters to park along the
street sides creating what is commonly viewed as an extremely hazardous safety condition. Other governmental agencies such as
Fish & Wild Life Services and the Sheriffs Department. heavily depend on this boat ramp for immediate access into Naples Bay.
Due to the increase in population growth throughout Collier County, this park site has experienced a dramatic increase in usage.
The demand rrom the general public for the expansion of this park remains on a high priority status for the County. Upon final
completion of the project the facility will provide 80 new parking accommodations, one new launch lane, 140 feet of increased
dock loading space, increased safety standards, and educational signs regarding education on manatee & seagrass protection,
recreational boater safety practices and site specific maps that define existing sea grass beds.
The funds Collier County is requesting will help offset the costs of the new boat launch site and the new loading and off loading
dock space. These two projects will greatly increase the efficiency and safety of boaters and allow them to arrive at their
destination in a more efficient manor. .
FWC/FBIP-B (01/08)
Page I of9
16 D 14
III - FACILITVlNFORMATION
a. Facility Name: Bayview Park Site Improvements
b. Type of Facility:
i:8J Existing Boat Ramp / Public Launching Facility o Existing Marina / Tie-up / Overnight Moorage Facility
o Proposed Boat Ramp / Public Launching Facility o Proposed Marina / Tie-up / Overnight Moorage Facility
o Other:
c. Facility location:
County: Collier Water body: Naples Bav
Latitude: N deg. min. sec. Longitude: W deg. min. sec.
Facility Street Address or Location: 1500 Danford Street Naples. Florida
d. Upland Ownership:
i:8J Public - Fee Simple o Public - Lease Number of Years Remaining in Lease:_
Name of Owner: Board of Collier County Commissioners
e. Is this facility open to the general public? i:8J Yes ONo
f. Estimate Percent (%) Use of Launching Facility: 90% Motorboats/Sailboats J.Q% Non-Motorboats
g. Day Use, Parking or Launch Fee Amount: $6.00 Tie-up/Overnight Moorage: $
h. Number of Launch Lanes: Two Condition: ONew o Good o Average i:8J Poor
i. Length of Boarding Docks: 60 Ft. Condition: ONew o Good o Average i:8J Poor
Type of docks: i:8J Fixed Wooden o Fixed concrete o Floating concrete o Other:
j. Number of Boat Trailer Parking Spaces: lQ Condition: o New o Good i:8J Average o Poor
k. Length of Tie-up Dock or Moorage: _Ft or _Slip Condition: ONew o Good o Average o Poor
Type of docks: o Fixed Wooden o Fixed concrete o Floating concrete o Other:
I. Other Facility Attributes:
Restroom: i:8J Yes 0 No 0 Proposed Other:
Pump out or Dump Station: 0 Yes i:8J No Other:
m. Names of adjacent boating facilities, public and private (ramps, tie-up facilities/marinas) within a 10-mile radius.
Name Distance Name Distance I
1. Naples Boat Ramp 10.0 2.
3. 4.
5. 6.
7. 8.
9. 10.
FWC/FBIP-B (01108)
Page 2 of9
16D14
IV - PROJECT DESCRIPTION
a. List Primary Need for Project:
i:8J Safety
D Age-end of Useful Life
D Environmental Needs of the Area
D Other:
i:8J High Demand by Users
D Recommended by FWC Staff
D Lack of In-house Capability
b. Need Statement:
The primary objective of this project is addressing the urgent need to resolve existing safety related issues and the
overwhelming demands for adequate access to the waterways from the general public. Bayview Park site is heavily
utilized on a daily basis exceeding the maximum functional capacity of the existing design layout. Currently, there are
only two boat launching sites, 60 feet of unloading and loading dock space and sixteen trailer parking spaces.
The funds Collier County is requesting will help offset the costs of the new boat launch site and the new loading and off
loading dock space. The current dock space only allows for two to three boats to park at one time. During peak hours,
boats begin line up and block the canal and stop traffic from exiting. The new dock space is going to increase dramatically
from 60 feet to 200 feet. Allowing for boaters to safely move off to the side of the canal and load or unload. These two
projects will greatly increase the efficiency and safety of boaters and allow them to arrive at their destination in a more
efficient manner.
c. Project Tasks:
The Tasks listed below are for the whole Bayview Project. The FBIP funds requested will assist with Task 4 and 6.
Task I - Provide professional design engineering and permitting services for the expansion and development of the site,
Task 2 - Site demolition, clearing and preparation,
Task 3 - Remove existing seawall and replace with new concrete seawall structure.
Task 4 - Remove existing dual-lane boat ramp and replace with new tripple-Iane concreate boat ramp,
Task 5 - Expand existing parking lot with new asphalt paving to include on and off site properties,
Task 6 - Construct new wood boat docks with wood decking and wood & concrete pilings,
Task 7 - Construct new kayak/canoe launching pad with elliptical concrete ramp,
Task 8 - Install landscape and irrigation system,
Task 9 - Install information kiosk and educational signage.
d. Project Benefits:
The project will substantially enhance boating in the community by greatly improving the existing site conditions,
provideing maximum layout & functionality, and increasing the sufficiency for direct access to the waterways. The
increase in population throughout Collier County has raised the demands for sufficient public boat launching facilities.
The growth management plan for Collier County mandates the County to provide adequate access to these water ways.
Currently, Collier County has over 24,000 registered boaters. The expansion of Bayview Park site will enhance the
existing facilities, increase the amenities and substantially improve direct access to Naples Bay and the surrounding water
ways. The historical data of the high usage of this site clearly demonstrates that the demands are on a continual rise.
whereas the existing congested boat Iaunchs and dock space are currently creating liability concerns and extremely
hazardous safety conditions. The expansion of this site will indeed eliminate the exposed liability issues and provide safer
conditions to the general public.
FWC/FBlp.B IOt/08)
Page 3 of9
16 D 14
v - PROJECT ELEMENTS: BOAT RAMPS & PUBLIC LAUNCHING FACILITIES
a. Type of project: o Engineering / Planning only o Renovation / Repair i:8J Expansion o New Construction
b. Boat Ramp
Number of existing launch lanes to be repaired: Two
Type of ramp: o Asphalt i:8J Concrete o Other
Number of new/added launch lanes: One
Type of new ramp: o Asphalt i:8J Concrete o Other
c. Boarding Dock
Length of existing boarding docks to be repaired / replaced: 60 ft.
Type of docks: i:8J Fixed wooden o Fixed concrete o Floating Concrete o Other
Length of new/added boarding docks: 200 ft.
Type of new docks: i:8J Fixed wooden o Fixed concrete o Floating Concrete o Other
d. Parking
Number of existing boat trailer parking spaces to be refurbished !Q
Type of parking: i:8J Asphalt o Concrete o Other
Number of new/added boat trailer parking spaces 80
Type of new/added parking: i:8J Asphalt o Concrete i:8J Other Concrete curbinQ
e. Lifts, Hoists, Marine Railways
Number of lifts or hoists to be repaired / replaced: - Maximum length of vessel that can be lifted:_
Number of new lifts or hoists to be installed / added: - Maximum length of vessel that can be lifted:
-
Length of marine railway to be repaired / replaced: - ft.
Length of new marine railway to be added: - ft.
f. Amenities / Other elements
o Restrooms: Describe
I o Access Road: Length of access road: _ yds. Type of road: o Gravel i:8J Asphalt o Other
i:8J Educational kiosk / signage: Describe Free standing encased unit
FWC/FBIP-B (OtI08)
Page 4 of9
16D14
VI - PROJECT ELEMENTS: MARINAS & OTHER MOORING FACILITIES (Piers / Docks)
a. Type of project: D Engineering / Planning D Renovate / Repair [8J Expansion D New Construction
b. Docks / In-water slips
Length of existing docks to be repaired / replaced: 60 ft. Number of tie-ups / slips:_
Type of dock: [8J Fixed Wooden D Fixed Concrete D Floating Concrete D Other
Length of new docks to be added / installed: 140 ft. Number of tie-ups / slips: _
Type of dock: [8J Fixed Wooden D Fixed Concrete D Floating Concrete D Other
c. Mooring Buoys
Area of mooring field: _ sq. ft.
Number of mooring buoys to be repaired / repIaced:_
Number of new mooring buoys to be installed:_
d. Dry Storage
Number of existing dry storage slips to be repaired / replaced: _
Number of new dry storage slips to be constructed: _
e. Amenities / Other elements
o Restrooms: Describe
o Access Road: Length of access road: _ yds. Type of road: D Gravel D Asphalt [8J Other Kayak launch
[8J Educational kiosk / signage: Describe Free standing double-sided enclosed kiosk
o Pump-out or Dump station
VII . PROJECT ENGINEERING AND CONSTRUCTION
a. Who is or will be completing project design/engineering? b. Level of engineering completed at time of application:
o Applicant's Own Staff D None
[8J Consulting Engineers [8J Conceptual (Master Plan Phase)
ON/A (Materials or Equipment Purchase) D Preliminary
o Other: o Final (Ready to Bid)
FWC/FB(P-B (Oll08)
Page 5 of9
16 D 14
VIII - BUDGET
a. Has a detailed cost estimate been developed for this project? If yes, attach a copy to application.
t:SI Yes, Preliminary o Yes, Final DNo
b. PROJECT COST: NON-CASH FUNDS
Other source Do Not Use
Cost Item Applicant (List below in This Column TOTAL
Section VIII)
Administration $ $ $
Project Management $ 5,000 , $ $ 5,000
In-Kind Engineering $ $ $
In-Kind Labor $ $ $
In-Kind Materials $ $ $
In-Kind Equipment $ $ $
Total Non-Cash Funds $ 5,000 $ $ 5,000
c. PROJECT COST: CASH FUNDS
Other source FBIP Grant
Cost Item Applicant (List below in Request TOTAL
Section VIIl)
Administration I Project Management $ 0 $ $ $
Design I Engineering $ $ $ $
Permitting $ $ $ $
Construction I Repair: Boat Ramps $ 180,000 $ $ 200,000 $ 380,000
Construction I Repair: Lifts, Hoists, Marine Railways $ $ $ $
Construction I Repair: Piers or Docks $ 80,000 $ $ 200,000 $ 280,000
-- r-~--- --~--,- ~-
Construction I Repair: Parking $ $ $ $
- --- --
Construction I Repair: Restrooms $ $ $ $
-----~--,~ ---, --- r-
Other: Seawall replacement $ $ $ $
--- -- -~ j--'-- --
Other: Landscaping & Irrigation $ $ $ $
- - ~----~ ~-~ -----, ~"--- ----
Other: Kayak/Canoe concrete launching pad $ $ $ $
----- ---'..- ~---,--~- --'--~, -,~
Other: signage $ $ $ $
----.._---_.._--_.._~-- I- -~..~-,- -- -
Other: $ $ $ $
Total Cash Funds $ 260,000 $ $ 400,000 $ 660.000
d. TOTAL FUNDS: non-cash + cash funds $ 5,000 $ 0 $ 660,000 $ 665,000
FWC/FBIP-B (01108)
Page 6 of9
16D14
...--.....
IX - OTHER SOURCE OF FUNDS (Partnerships)
a. Funding source / Agency: N/ A
b. Type offunding: D Federal grant D State/Local grant D Loan
c. Grant Name: Amount $
d. Approval Status: D Approved D Pending D Intend to Apply, Date:
a. Funding source / Agency:
b. Type of funding: D Federal grant D State/Local grant D Loan
c. Grant Name: Amount $
d. Approval Status: D Approved D Pending D Intend to Apply, Date:
a. Funding source / Agency:
b. Type of funding: D Federal grant D State/Local grant D Loan
c. Grant Name: Amount $
d. Approval Status: D Approved D Pending D Intend to Apply, Date:
,~"~2i~Jl,s~J A&,ency:
b. Type of funding: D Federal grant D State/Local grant D Loan
c. Grant Name: Amount $
d. Approval Status: D Approved D Pending D Intend to Apply, Date:
X - PERMITS
Submitted Approved N/A
a. Florida Department of Environmental Protection [2] D D
b. Florida Fish and Wildlife Conservation Commission* D D [2]
c. U.S. Army Corps of Engineers D [2] D
d. Local and Others (If needed) D D D
* For moonng buoy projects, a Flonda Umform Waterway Marker ApplicatIOn must be submitted to FWC prior to submittal ofthe
grant application.
FWC/FBIP-B (01/08)
Page 70f9
16D14
XI - ENVIRONMENTAL ASSESSMENT
YES NO
a. Will the project significantly or adversely affect the environment? 0 IZI
b. If Yes, please explain key issues and describe any mitigation actions proposed.
This project will not negatively affect the environment. There are no mitigation requirements for this project from FDEP and it
does comply with the Manatee Protection Plan.
On both sides of the channel leading out into Gordon Pass are two seagrass beds. These beds consist of paddle grass
(Halophila decipiens ) and shoal grass (Halodulewrightii) species. Within the last year a private developer, developed the lot
opposite the two boat launch sites and part of their mitigation was to install channel markers. Collier County partnered with
the City of Naples on design of new site specific maps depicting the channel and kid friendly signage.
The idea of kid friendly signage has been used at other Collier Park locations for Gopher Tortoise awareness, and has proven
to be a huge success. The signage at Bayview Park will be posted at the end of the Park and visible for all boaters leaving the
Park. It is our hope that children will advise their parents to stay within the marked channel. Please see attached signage.
XII - BOATER SAFETY
a. Explain how the project may affect boater safety whether positively or negatively.
The improvements at Bayview Park site will greatly increase boater safety. Collier County has over 24,000 registered boaters
and only 4 public boat ramps. Bayview Park boat ramp provides direct access to Gordon River in Naples Bay, a major boating
channel that provides access to Keywadin Island, a popular weekend destination, and direct access to the Gulf.
Bayview Park is operating over its capacity on a daily basis. Currently, Bayview Park only has 16 trailer parking sites and two
launching sites; this creates long lines and dangerous parking situations along side roads. Also, the current docks for loading
and unloading are only 60 feet in length; this provides only two or three boats access for loading or unloading. On weekends
this becomes a hazardous situation because boats begin to line up and cause congestion in the canal.
Expanding Bayview Park will eliminate the congestion, hazardous parking and unsafe boating situations. It will also allow
more spaces for law enforcement, Florida Fish and Wildlife officer and County Sheriff officers quick and easy access to
Naples Bay.
The improvement plans will allow for 80 more trailer parking sites, one more boat launch site, an additional 140 feet ofloading
and unloading dock space and increased education through an informational kiosk. Collier County has already partnered with
the City of Naples and funded the installation of a site specific map on the existing seagrass beds and a more kid friendly
signage asking boaters to "please stay in marked channel" (please see attached).
All of these improvements to the Bayview Park site will greatly increase boater safety with an increase in safe, loading and
unloading facilities, an additional launch site and public awareness through education.
FWC/FBIP-B IOt/OB)
Page 80f9
16 D 14
XIII - APPLICATION A TT ACHMENTS CHECKLIST
Submit one (I) electronic copy on CD or floppy disk and seven (7) photocopies of the application with attachments.
Inc. -- - Required Attachments _ _ _
[gJ a. Cover Letter: application transmittal cover letter (IdentifY priority rank with multiple applications).
[gJ b. Application: One (I) application with original signature ITom authorized individual.
c. Resolution: An adopted resolution, by the Governing Body, authorizing that the Project Manager has the authority to
[gJ apply for and administer the grant on behalf of the applicant. If the Applicant is applying on behalf of another public
entity, then a Memorandum of Understanding between the Applicant and the public entity must also be submitted.
[gJ d. Boundary Map: indicate boundary of the project area.
[gJ e. Site Control Documentation: (e.g. a deed. lease, results of title search, etc. for the project site.)
[gJ f. Existing Condition Photographs (sufficient to depict the physical characteristics ofthe project area)
[gJ g. Aerial Photographs (marked with the approximate boundaries of the project site)
[gJ h. Navigational Chart: An 8.5" x I I" photocopy of a current NOAA North American Datum 83 nautical chart (provide
the NOAA chart name and number) indicating the precise location of the project site.
- - - Optional Attachments - --
[gJ i. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote ITom proposed vendor or an
engineer's cost estimate.
[gJ J. Plans: preliminary design/engineering plans (if completed).
[gJ k. Permits: Photocopies of necessary project permit(s) or permit appIication(s). If exempt, provide notification of
exemption ITom permitting agency.
[gJ I. Support/Opposition: Attach letters of known public support or known public opposition.
APPLICANT SIGNATURE
Application is hereby made for the activities described herein. I certify that [ am familiar with the information contained
in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further
certify that I possess the authority including the necessary requisite property interests to undertake the proposed activities.
I also certifY that the Applicant's governing body is aware of and has authorized the Project Manager as the official
representative of the Applicant to act in connection with this application and subsequent project as well as to provide
additional information as may be required. By signature below, the Applicant agrees to comply with all applicable
federal, state, and local laws in conjunction with this proposal and resulting project so approved.
C.
h(llimtU'\
Title
C'jjl ~ I ;~ ur;5?
Date
STATE OF FLORIDA, COUNTY OF ( {lo If (~r-J
Personally appeared before me this / '3 rh day of (Y7CJe-/
subscribed and swore to the above instrum~sence. I
i)/, ' _'
Notary Public Name: Let~~ -, ' -p.-J
MY COMMISSION' DO 748730
EXPIRES: April 28, 2012
BondIGIT1wu~PWIoUndllwril&rs
,200
, who
NOTE: Instruction and further information regarding this application and the Florida Boating Improvement ProgrJtm can be found in
the Florida Boating Improvement Program Procedure Guide or you may contact the Program Administrator a,t:fIoridaFish and
Wildlife conservati,wM;:8VIla'~~~'ll<l~~vement Program, 620 South Meridian Street. Tallallassee, fl32399-I600;
OrCall(850)488-5b~~~?lill ;P ,Mff; c.com. ATTEST: ", ~ "
_C{lfif.th~OOM. 0 ~ DWIGHT E. ,BROCK, C....k
Colleen reene, B..(, .
FWCIFBIP-B (01/08) Ass;s;a,,: County Attorney Page 9 of9 Y4
.t..... ...
16D14
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
FLORIDA BOATING IMPROVEMENT PROGRAM
Instructions for completing the Grant Application for Boat Access Facilities
General Instructions:
· Submit one (I) original and seven (7) copies.
· Submit an electronic copy of application on CD or floppy disk.
· Staple application in upper left-hand corner, or clip with one binder clip. DO NOT
SPIRAL BIND OR PLACE IN A THREE-RING BINDER OR REPORT COVER.
· Please place a tabbed divider between each attachment.
· Please make all photocopies of attachments on paper no larger than 11" x 17".
I - APPLICANT INFORMA nON
a. Applicant: Enter the name of the county, municipality, or other
governmental entity applying for the grant.
b. Federal Employer Id. No.: Enter the applicant's Federal Employer Identification
(FEID) Number. Payment will be sent to the address
associated with this FEID number.
c. Project Manager Name: Enter the name and title of the person in charge of the
Title: project. All correspondence will be sent to this person.
d. Mailing Address: Enter the mailing address for the Project Manager. All
correspondence will be sent to this address.
e. Shipping Address: If mailing address is a P.O. box, please include a street
address for overnight deliveries.
f. Telephone No.: Enter the telephone number, fax number, and email
Fax No.: address where the Project Manager may be contacted
E-mail: during regular business hours.
g, District Numbers: Enter the District numbers for the State House, State
Senate and the County Commission for the project
location.
Page I of5
16 D 14
II - PROJECT SUMMARY
a. Project Title: Provide a brief title for the project.
b. Type of Application: Check "New" if you have never applied for FBIP funding
for this project. Check "Reconsideration" if you have
applied before but did not receive funding. Check
"Phased Continuation" if the project has previously
received FBIP funding.
c. Project Category: Check only one project category. Refer to the guidelines
for project category descriptions. Application will
compete only against other applications within the same
project category. The Commission reserves the right to
re-assign the application to a different project category to
maximize funding.
d. Project Cost: Enter total amount of project cost, including only the
eligible project elements where grant funds will be used.
Enter the amount of funds requested from FBIP (rounded
to the nearest dollar).
e. Project Summary: Provide a brief description of the goal of the project, the
work to be done and the expected outcome or final
product.
III - GENERAL FACILITY INFORMATION
Describe existing conditions by checking all that apply. For new facilities, provide
information as facility is proposed to be and check "New" for questions about condition of
facility.
IV - PROJECT DESCRIPTION
a. List Primary Need for Project: Check the category that is most applicable.
b. Need Statement: Briefly describe why this project is needed. Explain any
existing problems and how this project will COffect the
problem.
c. Project Tasks: Describe in detail the exact work to be completed. For
example, Task I - Construct one-lane, concrete boat
ramp, Task 2 - Construct 20 boat/trailer parking spaces.
d. Project Benefits: Describe how this project will enhance boating in the
local community.
Page 2 of5
16 D 14
v - PROJECT ELEMENTS: BOAT RAMPS & PUBLIC LAUNCHING FACILITIES
Check only those elements ofthe project that will use grant funding. Note: elements must be
completed before FWC will reimburse costs.
Indicate the type of project:
. Engineering/Planning only = no grant funds will be used for construction
. Renovate/Repair = replacement or repair of existing facilities with no increased capacity
. Expansion = increased boat access by adding more boat launch lanes, more docks, or
increased parking, etc.
. New = construction of a facility where none currently exists, or adding a new amenity to an
existing facility where none existed before
VI - PROJECT ELEMENTS: MARINAS & OTHER MOORING FACILITIES
Check only those elements of the project that will use grant funding. Note: elements must be
completed before FWC will reimburse costs.
Indicate the type of project:
. EngineeringIPlanning only = no grant funds will be used for construction
. Renovate/Repair = replacement or repair of existing facilities with no increased capacity
. Expansion = increased boat access by adding more boat launch lanes, more docks, or
increased parking, etc.
. New = construction of a facility where none currently exists, or adding a new amenity to an
existing facility where none existed before
VII - PROJECT ENGINEERING AND CONSTRUCTION
a. Who is or will be completing project Please check as appropriate.
design/engineering?
b. Level of engineering completed at time of Please check as appropriate. If engineering is
application: complete (conceptual, preliminary, or final),
please include a copy offhe plans with your
application.
Page 3 of5
16 D 14
VIII- BUDGET
a. Has a detailed cost estimate Indicate whether a preliminary or final cost estimate has
been developed for this been developed. If yes, attach a copy of the estimate to the
project? application.
Enter amount of in-kind matching funds for each cost item.
b. PROJECT COST - NON- Amounts in "Other" column should include in-kind funds
CASH FUNDS* from any third-party agreements (provided by someone
other than the applicant). *Please note: All applications
must include some form of non-cash matching funds.
c. PROJECT COST - CASH Enter amount of funding to be provided by the applicant and
FUNDS other sources. Enter the amount of funding requested in the
column labeled "FBIP Grant Request."
d. TOTAL FUNDS Sum of non-cash funds and cash funds for each column.
IX - OTHER SOURCE OF FUNDS (Partnerships)
Include information on funding from sources other than FBIP or the applicant. Enter information
for each funding source.
a. Funding Source / Agency: Enter the name of the funding source or the partner
b. Type of funding: Check source of funds: Federal grant, State/Local grant, or
loan.
c. Grant Name: Enter the name of the grant program (if applicable).
d. Approval Status: Enter status of grant/loan application. If "Intending to
Apply", enter date of application deadline.
x - PERMITS
a. Florida Department of Check status of all permit applications. If project type does
Environmental Protection not require permits, or project is exempt from permitting
requirements, check "N/A". If applicable, attach a
b. Florida Fish and Wildlife photocopy of all permits or permit applications. If project is
exempt, attach a copy of exemption notification.
Conservation Commission
Note: For projects involving mooring buoys, a Florida
c. U.S. Army Corps of Engineers Uniform Waterway Marker Application must be
submitted to FWC prior to submittal of the grant
application. A copy of the Florida Uniform Waterway
d. Local and Others (If needed) Marker Application may be downloaded at
htto:/ !MyFWC .comlboating/waterways/
Page 4 of5
16 D 14
XI - ENVIRONMENTAL ASSESSMENT
a. Will the project significantly Explain how the project will have a significant or adverse
or adversely affect the affect on the environment and include information on the
environment? impacts to water quality, wetlands, seagrasses, imperiled
b. If Yes, please explain key species, etc.
issues and describe any
mitigation actions jJfoposed.
XlI-BOATER SAFETY
a. Explain how the project may Provide explanation of how the project may improve boater
affect boater safety whether safety (i.e. increased education, increased law enforcement,
positively or negatively. etc.) or, explain any potential boater safety hazards and how
they will be corrected. Also, please indicate if the project
will have no effect on boater safety.
XIII - APPLICATION A TT ACHMENTS CHECKLIST
Indicate which attachments have been included with the application. Required attachments must
be included or application will be deemed incomplete. Optional attachments may be omitted, but
applications with optional attachments included will receive a higher score during evaluation.
Please place a tabbed divider between each attachment. Submit one (I) original (with original
signature) and seven (7) photocopies* of the entire application with attachments.
Completed applications should be in the following order: Cover Letter, Application Form,
Attachments in the order they are listed on the checklist.
*Only one (1) copy of the site control documentation and permits or permit applications is
necessary.
Page 5 of5
ORIGINAL DOCUMENTS CHECKLIST & ROUTING sli> D 15
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 dcliwfcd to the Board Office. The completed routing slip and original
documents arc to be torwarded to the Board Office only after the [~oard 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
exceDtion oflhe Chairman's signature, draw a line through routino lines # 1 through #4, comoletc 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 71- 511L(
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 BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chainnan's signature are to be delivered to the BCe o/lice only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was 05/13/2008
A roved b the BCC
Type of Document
Attached
Frank Ramsey, Housing Manager
Phone Number
252-2336
16D _/<.>
Yes
(Initial)
N/A(Not
A licable)
Agenda Item Number
Number of Original
Documents Attached
1L
-::ff-
TI-
nla
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 Attomey, This includes signature pageslTom ordinances,
resolutions, etc. signed by the County Attomey's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the Bee
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attomey's
Office and all other arties exce t the Bee Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of Bee 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 Bee's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on 05/1312008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chao es, if a licable.
1'-
~
2.
3.
4.
5.
6.
I: Forms! County Fonns! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4166140 OR: 4360 PG: 2609
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
05/15/1008 at 11:53PM DWIGHT E. BROCK, CLERK
REC FEE 27.00
COPIES 3. OC
Frank Ramsey
Collier County UUS
3301 E. Tamiami Trail
Naples. .'Iorida 34 112
File# 08-182-IF
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
EET 8406 FRANK RAMSEY
16D15
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreernent is entered into this :2 3 day of April, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Nelson Arteaga and Idalmis Perez"
(OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three
Hundred Seventv Two and 46/100 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: 4360 PG: 2610
may, at its sole option, collect the impact fee amount in default as set forth in thetr!?n~ce~ 5
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.
, ....
l
^
BOARD OF COUNTY COMMISSIONERS
COLLIER ~~Y' F ORIDA,.
By: :JfY- y~
TOM HENNING, CHAIR
Attest:
DWIGHT E. BROCK, Clerk
~' ..
By: ,.. . -., > 0.['
At: .-~~t: Clerk
Sfon4.turtOllJ _ " .,
Witn~s: . 8.1i ~1,
tuPAVHU PI: . /'t2e---r..tbL
Print' Name flJlC? tJ /1 t.' R, PC( ( key
OWNER:
~~~p
T7
OWNER:
~~
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
The f9re~oing Agreement was acknowled~ed before rne this ;2.." day of Apr' / ,
by OJ"1<,o./ !1,/ru:1" ijJ,{,"'who'tspersonally known to me or has produced
'FL (0 as proof of identity.
L]
--..R
Approved as to form
and aI sufficiency:
cy Krumbin , MP A
Director
Collier County Housing and Human Services
~
EXHIBIT "A"
*** OR: 4360 PG: 2611 ***
16D15
LEGAL DESCRIPTION
Lot 35, 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
13420 Covenant Road, Naples, Florida 34114
EXHIBIT "B"
IMP ACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H, Government Buildings Impact Fee
1. Law Enforcement Impact Fee
J. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059,00
$410.00
$171.61
$3,415.00
$3,515.00
$19,372.46
JAKApproved_/~_
#16D 16
THIS DOCUMENT
HAS NOT BEEN
RECEIVED IN THE
CLERK TO THE BOARD
OFFICE
AS OF
June 5., 2009
#16E2
THIS DOCUMENT
HAS NOT BEEN
RECEIVED IN THE
CLERK TO THE BOARD
OFFICE
AS OF
J one 5, 2009
.-.~._~ _.~...... .:". ~"' .j.,~ .",-""~",_..~...",.,.._.
16E4
.
MEMORANDUM
DATE:
May 13, 2008
TO:
Lynn Wood, Contract Specialist
Purchasing Department
FROM:
Ann Jennejohn, Sf. Deputy Clerk
Minutes and Records Department
RE:
Exhibit "A-I" to Contract #05-3827
Form of Consent for re-assignment
Enclosed is one (I) original contract document, as referenced above
(Agenda Item #16E4) approved by the Board of County Commissioners
on Tuesday, May 13,2008.
The Minutes & Records Department has also retained an original copy.
If you should have any questions, you may contact me at 252-8406.
Thank you,
Enclosures (I)
16E4
Agenda Item No, 16E4
May 13, 2008
Page 1 of 16
EXECUTIVE SUMMARY
.....,. I
':)'} . j
"
" R'commendation to confirm and consent to the re-assignmeht of. Contract 1',10..
05-3827, "Temporary laborers" from Tandem Staffing Solutions, Inc. to Select
Staffing Solutions Inc.
\ .'lH;.
OBJECTIVE: To obtain the Board of County Commissioners' approval of the re-assignment of
Confracf No. 05-3827, from the original party, Tandem Sfaffing Solufions, Inc. to Select Staffing
Solutions, Inc. and approve the release of the original party, Tandem Staffing Solufions, Inc.
from liability after the effective date of the consent.
CONSIDERATIONS: The original contract was dated June 28, 2005 and approved by the BCC
as Agenda Ifem 16(E)(1). The Contract was by and between Tandem Staffing Solufions, Inc.
and Collier County. Various Counfy Departments utilize the temporary laborer services provided
under this contract.
Subsequently, Select Staffing Solutions Inc. purchased the stock of Tandem Sfaffing Solutions,
Inc. on October 1, 2007. County staff was notified on March 24, 2008 of fhe stock purchase.
Following the Procurement Administrafion Procedures, staff has acquired fhe necessary
documents from Select Staffing Solufions. Inc., which have been reviewed and approved by the
County Attorney's staff. The Facilities Management Department is recommending approval of
the re-assignmenf of this Contracf to fhe new firm, Select Staffing Solutions, Inc.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growfh Management Impact associafed with
this Executive Summary.
RECOMMENDATION: Thaf the Board of County Commissioners confirms and consenfs fo the
re-assignment of Contract No. 05-3827 from Tandem Staffing Solutions, Inc. to Select Staffing
Solutions Inc. and to release Tandem Staffing Solufions, Inc. from liability after the effective date
of fhe consent; and authorizes fhe Chairman to sign the necessary amendment upon County
Attorney Review.
PREPARED BY: Lyn Wood, Contract Specialist, Purchasing Department
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI16 E 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should bc hand delivered to the Board nlTicc. The completed routing slip and original
documents are to be forwarded to the Board 01licc only afkr the Board has taken action on the item.)
ROUTlNG SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Iflhe document is already complete with the
exception oflhe Chairman's sil:!:oature, draw a line throue:h rDutint!.lines # I throuoh #4, complete the checklist, <TIld fOr\'iard to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
)/
,~'.
.-
3.
.--4.
5. Sue Filson. Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Otlice
(The primary contact is the holder oflhe original doculllent pending Bee approval. Normally the primary contact is the person ,\'ho created/prepared the executivc
summary. Primary contact infi.mnation is needed in the event one of the addressees above, including Sue Filson. need to contnct staff for additional or missing
information. All original documents needing the BCC Chairman's signature an; to be delivered to the BCC officc only aficr the BCe has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
I
/..-
Phone Number
}.52- 2-Cc4'
n ~.,'-f
2-.
Yes
(Initial)
N/A(Not
A plicable)
13
Lc,( "i
Agenda Item Number
,{O./
~' -r
/.(04
J
((",.,J
J 0.-*'
{Cj{
((i
----
r/)t-f"'1.
d
(~",k A
Number of Original
Documents Attached
I: Forms/ County Fom1S/ Bce Fon11S/ Original Documents Routing Slip WWS Original 9.0,3.04. Revised 126.05, Revised 22405
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Nol 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 o[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.)
All handwritten strike-through and revisions havc bcen initialed by thc County Attorney's
Office and all other arties exce t the Bee Chairman and the Clerk to the Board
The Chairrnan's signature line date has been entered as the date ofBCC approval of the
document or the tinal ne fotiated contract date whichever is ap licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si 'nature and initials are re uired.
In most cases (some contracts are an exception), the original docUlmmt and this routing slip
should be provided to Sue Filson in the Bee office within 24 hours of Bee 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!
The document was approved by the BCC on " 113( 0 '" (enter date) and all changes
made during the meeting havc bcen incorporated in the attacbed docoment The
Count Attornc 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6,
16E4
EXIllBIT A- i Form of Consent
Contract # 05-3827
~'Temporary Laborers"
rim Form of Cons en I. dated March 27, 2008 to the referenced agreement shall be by and between the
parties to thc original Contract, Tandem Staftlng Solutions, Inc. (to be' referred to as "Contractor") and
Collier County, 1:lurida, (to be rcICrrcd to as "County").
Statement of Understanding
Re: Contract dated Junc 28, 2005, BCC Agenda Item 16,E, I, by and between Tandem Staffing
Solutions, Inc. and Collier County referencing Bid # 05-3827, "Temporary Laborers", to which Select
Staffing, Inc, has become a successor in interest by assignment and assumption from Tandem Staffing
Solutions, Inc, ("'Assignment"').
Collier County conlirms and consents to the Assignment and release of Tandem Staffing Solutions, Inc,
!i-om liability from and alter the effective date of the consent of the Assignment in return for Select
Staffing, Ine.', assumption, as of October 1,2007, 01" all rights and duties of Tandem Staffing Solutions,
Inc. under the Contract.
IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date(s) indicated below,
, ,
" ATTEST:
~:;,
I'~'on
~~
Jim Quiles, Area Manager
Print Nmlle and Title
OWNER:
BO;:RD COUN' COMMISSIONERS
CO COUN, FLORIDA
By: e-z-- .,,(ui
Tom Henning, Chairman
Date: March 2~, 2.008
ATTEST' /'l
,/' . -f /'_
",jRQ(t (j(PU j AfY!~~
Cnrporale Sccr~t(lry/Witllt::ss
Steve Calderon, Branch Manager
Pnnted Name and Title
By:
and Legal sufficiency:
~
Date: March 29,2008 ~I ;r1C:~oA..f 0.
:;:zs 1?'7, ~6Ek'T
,c-A IVC H // /AA/~-7R.. Printed Name
2 flt!I-4/"IR.Y
Ilem#
J(QEtf
5:Li-1)g
2:frD~
Agenda
Gate
Date
ec'd
ORIGINAL DOCUMENTS CHECKLIST & ROUTING S~6 E 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ~
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prillt on pin!.; paper, Atiadllo origimll document Origmal Jli\:umcnls shnuld hi: hand l.1t:Jivt'f\:d II) Lhe Bl!im! ()Ilu.:e The ..:omplcll:d wuting slip and original
documents arc In be liir\\ankd to the Buard Oflkt' olllv afh>r the Board has tak!.:1l adioll un lhe it<:m)
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!!Jlature, draw a line thWUlZh routine lines # I throUl!h #4, comnlete the checklist, and forward to Sue Filson (line #5)
Route to Addressee(s) Office Initials Date
(List in routing order)
4. Tom Henning, Chairman Board of County Commissioners
5, Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BeC office only after the Bee has acted to approve the
item)
Name of Primary Staff Alexandra SuIecki Phone Number 252-2961
Contact
Agenda Date Item was May 13,2008 Agenda Item Number 16E6
Approved by the Bee
Type of Document Resolution 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 Chainman. with the exception of most letters, must be reviewed and signed
by the Office of the County Attomey. This includes signature pages Jrom 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
Chainman 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 Bee Chainman and the Clerk to the Board
The Chainman's signature line date has been entered as the date of Bee 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 Bee office within 24 hours of Bee approval.
Some documents are time sensitive and require forwardipg to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on 'if f 310: (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.
Yes
(Initial)
N/A (Not
A Iicable)
2.
3.
4.
5.
6.
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(4)
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I: Forms! County Forms! Bee Forms! Original Documents Routing Slip wws Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16f 6
MEMORANDUM
DATE:
May 14,2008
TO:
Alex Sulecki, Sf. Environmental Specialist
Environmental Services Department
FROM:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
RE:
Resolution 2008-132: A Policy for the Acceptance of
Land Conveyances by the Conservation Collier Land
Acquisition Program in the (TDR) Program for the
Rural Fringe Mixed Use District (RFMUD)
Enclosed please find one copy of the above referenced document
(Agenda Item #16E6), adopted by the Board of County Commissioners
on Tuesday, May 13, 2008.
If you should have any questions, please contact the Minutes and
Records Department at 252-8406.
Thank you.
Enclosure
.r~~
MEMORANDUM
DATE:
May 14,2008
TO:
Cindy Erb, Sr. Property Acquisition Specialist
Real Estate Services Department
FROM:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
RE:
Resolution 2008-132: A Policy for the Acceptance of
Land Conveyances by the Conservation Collier Land
Acquisition Program in the (TDR) Program for the
Rural Fringe Mixed Use District (RFMUD)
16E 6
Enclosed please find one copy of the above referenced document
(Agenda Item #16E6), adopted by the Board of County Commissioners
on Tuesday, May 13, 2008.
If you should have any questions, please contact the Minutes and
Records Department at 252-8406.
Thank you.
Enclosure
16f6
RESOLUTION NO. 2008--1.]2
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A POLICY FOR
ACCEPTANCE OF LAND CONVEYANCES BY THE
CONSERVATION COLLIER LAND ACQUISITION
PROGRAM IN THE TRANSFER OF DEVELOPMENT
RIGHTS (TOR) PROGRAM FOR THE RURAL FRINGE
MIXED USE DISTRICT (RFMUD) AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Collier County (County) has recognized the need to plan for future
growth and has initiated a long-term program, known as the Conservation Collier Land
Acquisition Program, (Conservation Collier Program) to acquire, protect, restore and
manage environmentally sensitive lands in perpetuity and to provide public open space
for the benefit of present and future generations; and
WHEREAS, the Conservation Collier Program includes identification and
protection of County's natural resources, including upland and wetland communities,
native plant communities, endemic species, endangered species habitat, water resources,
and aesthetic or other natural features; and
WHEREAS, protected lands include those that provide appropriate natural
resource-based recreational and educational opportunities, protect local water resources,
provide flood control; and
WHEREAS, the Conservation Collier Implementation Ordinance (hereafter
referred to as "Ordinance No. 2002-63, as amended") has described Target Protection
Areas (TP As) as larger areas of environmentally sensitive land within which are located
specific sites which generally satisfy the initial screening criteria and meet the goals of
the Conservation Collier Program; and
WHEREAS, Ordinance No. 2005-49 amended Land Development Code (LDC),
Section 2.03.07 entitled "Overlay Zoning Districts," states that the County is to provide
Bonus TOR Credits for submission and acceptance by County staff of a Restoration and
Management Plan (RMP) with specific criteria and for conveyance of land in fee simple
to a federal, state or local government agency as a gift.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION I. Findings
It is found and declared that:
(A) The Transfer of Development rights program, as described in LDC Section
2.03.07 provides for the creation of TOR Bonus Credits, which are generated
from RFMUD sending lands. These credits are generated at a rate of I credit for
each TDR credit severed from that RFMUD sending land for which an RMP has
been accepted by the County and I credit for each TOR credit that has been
severed for which land has been conveyed in fee simple to a federal, state of local
government agency as a gift.
(B) The Conservation Collier Program may be offered lands to be conveyed in fee
simple as a gift under the TOR Program.
(C) Lands offered from the RFMUD sending lands have been determined by the TOR
Program to be environmentally sensitive. Sending lands are also one of the
Target Protection Areas identified in Ordinance No. 2002-63, as amended,
therefore are presumed to be environmentally sensitive lands which are desirable
for conservation purposes.
(D) Lands offered to the Conservation Collier Program must be evaluated and be
consistent with the goals, procedures and criteria of the Conservation Collier
Program.
16[6
(E) The location, size, accessibility and quality of conveyed lands are the primary
considerations in accepting such lands for the Conservation Collier Program.
SECTION II. Acceptance of lands offered for convevance under the TDR Program:
(A) Potential conveyances shall go though a separate "fast-track" evaluation process
from other submitted parcels and will not be ranked in a regular cycle.
(B) The Conservation Collier Land Acquisition Advisory Committee (CCLAAC) will
consider lands proposed for conveyance under the TOR program even if those
lands have a resulting conservation easement placed over them pursuant to
requirements of the TOR severance process.
(C) Land owners proposing conveyance must either: I) provide funds to cover all
costs to perform an initial exotic, solid waste and hazardous material removal, by
written agreement with the County, or 2) remove the exotics, solid waste and
hazardous materials themselves (using a licensed contractor approved by the
County) prior to the parcel being conveyed to the County.
(D) Parcels will be evaluated for the need to require a long term management
endowment and such funding endowment will be negotiated on an ad hoc basis.
(E) Management Plans must meet both Conservation Collier Program and LOC/TOR
severance requirements.
(F) Listed species management is a requirement for the Management Plan to be
acceptable under Ordinance No. 2005-49. If management actions require
funding, those will be considered as part of negotiations for a required minimum
funding endowment.
(O)A Phase I Environmental Site Assessment (ESA) may be required by the
Conservation Collier Program staff. A Phase II ESA will be required when
supported or recommended by the Phase I ESA. Required ESAs must be
provided by the land owner, at no additional cost to the County, prior to the parcel
being conveyed to the County.
(H) Conservation Collier Program staff will develop a template RMP acceptable to
the County to assist land owners proposing conveyance of their lands under the
TDR Program.
SECTION III. Effective Date.
This Resolution adopted and made effective this /34!"day of
motion, second and majority vote favoring same.
/1/(<.<"1_ 2008, after
,
ATTEST:
Dwight E.. Itrl'lc:k,:CIerk
,!':5"" " - . ....- ',,- t(,\
'oJ." )
'. ~~~'"
'..' ,'i,' _
BOARD OF COUNTY COMMISSIONERS OF
COTUTk
Tom Henning, Chairman
~ b. Q ~:"
Jenm r A. BelPedir
Assistant County Attorney
Ilem# IlaE G
Agenda 5i~ _....0
Date (J::l
o{.
2
16Fl
"
MEMORANDUM
Date:
May 14,2008
To:
Artie Bay
EMS, Operations Analyst
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Permit & Certificate of
Public Convenience & Necessity
Attached please find the original document referenced above,
(Agenda Item #16Fl) approved by the Collier County Board of
County Commissioners on Tuesday, May 13, 2008.
If you have any questions, please call me at 252-8406.
Thank you.
Attachments (1)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLf 6 F
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink papeL Attach to original document. Original documents should }x: hand delivercd to the Board Ol1il:c. The completed routing slip and original
documents are to be forwarded to the Board Ollicc only after the Board has taken action on Ehe item)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
'!
exceotion of tile Chairman's silmalure draw a line throual rootinelines #1 throtudl #4. conJl)lete the checklist, and forward to Sue Filson line #5)
Route to Addressee(s) Office Initials Date
(List in routin. nrder)
I. ~---- -, ..--
------- ..--
2.
-~-"---
3.
,..----..--- ---""
4. ~ ."~ .~ c,~;/C ?
---- /1..."
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 infurmation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original docwnents needing the BCe Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the
item.)
Name of Primary Staff Artie Bay Phone Number 252-8459
Contact
Agenda Date Item was 5/[3/08 Agenda Item Number 16Fl
Approved by the BCC
Type of Document Permit and Certificate of COPCN Number of Original I each
Attached Time Sensitive - Please Call for Pick-up of Documents Attached
oripinal Certificate ofCOPCN
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 Bee
Chainnan and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the Bee Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of Bee approval of the
document or the fmal ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si lure and initials are re uired,
In most cases (some contracts are an exception). the original document and this routing slip
should be provided to Sue Filson in the Bee office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by tbe BCC on_5/13/08_(enter date) and all
cbanges made dnring the meeting have been incorporated In the attached documeut.
The Coun Attorne's Office has reviewed the chan if a Iicable.
Yes
(Initial)
N/ A (Not
A IicabIe)
2.
3.
4.
5.
6.
ctJ
otJ
aft
I: Forms! CoWlty Forms! BCC Forms! Original Documents Routing Slip WWS Original9.m.04, Revised 1.26.05. Revised 2.24.05
16FI
COLLIER COUNTY FLORIDA
EMERGENCY SERVICES PERMIT #1
This Permit Expires December 31,2008
Name of Service:
Collier County Emergency Medical Services
Name of Owner or Manager: Collier County Board of County Commissioners
Principal Address of Service: 2705 South Horseshoe Drive, Naples. Florida 34104
Business Telephone:
(239) 252-8459
Emergency Telephone:
9-1-1
Description of Services Area: The 2,032 square miles encompassing Collier County
Number of Arnbulances on 24 hour duty: 25 ground units (ambulances)
Number of Ambulances on 12 hour duty: 1 ground unit (as needed during season
taken from reserve fleet).
Number of reserve Ambulances: 10
Number of non-transport ALS engines 23
Number of Medivac helicopter: 1
See attachment "A" for description of vehicles.
This permit, as provided in Ordinance 81-75 shall allow the above named Ambulance
Service to operate Emergency Medical Services for a fee or charge for the following
area(s): Collier County until the expiration date hereon. except that this permit may be
revoked by the Board of County Commissioners of Collier County at any time the service
named herein shall fail to comply with any local, state or federal laws or regulation
applicable to the provision of Emergency Medical Services.
Issued and approved this _
/ 'fl, day of J(ID"c(J ' 2008.
BOARD OF COUNTY
ATTEST;" ('.
COMMIS$SIONJ;:RS.,
".- - . (",
Dwight EiBrock, CLERK
, .' . ~..l
0.(.
, FLORIDA
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F 3
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 800lrd Office The completed routing slip and original
documents are to be forwarded 10 the Board Office only after tbe Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate fOf additional signatures, dates, and/or information needed. If the document is already complete \vith the
exception of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. County Attorney County Attorney (2"2- b- 5- 0 &-"
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners d 0-$~ra='
6. Minutes and Records Clerk of Court's Office U
.
PRIMARY CONTACT. INFORMATION
(The primary contact is the holder of the original document pending Bee npproval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oftlle addressees above, including Sue Filson, need to contact staff for odditional or missing
information. All original documents needing the Bee Chairman '5 signature arc to be delivered to the Bee office only after the nee has acted to approve the
item.)
Name of Primary Statf Lyn M. Wood Phone Number 252-2667
Contact
Agenda Date Item was 5/13/08 Agenda I tcm Number l6.F.3
Approved by the BCC
Type of Document Lease Agreement Number of Original 2
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
appropriate.
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 possibly State Officials.)
All hand\Witten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties 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 negotiated contract date whichever is applicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials arc required.
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 arc time sensitive and require forwarding to Tallahassee \vithin a celia in
time fTame or the Bee's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on_5/13/08_(enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attarne 's Office has reviewed the chan es, if a licabIe.
Yes
(Initial)
N/A(Not
Applicable)
2.
3.
4.
5.
6.
0-
fr
tl--z.-
(Z.Z-
f-"'l-
f2-7--
1: Forms! Counly forms! GCe forms! Original DoclIJllents Routing Slip W\VS Original 9.03.04, Rcviscu 1.2605, Rcvised 2.24.05
16F3
MEMORANDUM
DATE:
June 4, 2008
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Ann Jennejohn, Sr. Deputy Clerk
Minutes and Records Department
RE:
Lease agreement with Philips Medical Systems
Attached, please find one original agreement, referenced above (Agenda
Item#16F3) approved by the Board of County Commissioners on
Tuesday, May 13, 2008.
The second original is being held in the Minutes and Records Department
and wi]] be kept as part of the Board's permanent record.
lfyou should have any questions, you may contact me at 252-8406.
Thank you,
Attachments (I)
Philips Medical Capital-Equip Lease/Purch Agreement
Page I of 1
Ann P. Jennejohn
16F3
,...~~.~~~..... ,., ..____~___~.~.~_~~~_~~.~_.~~~.__.'__~w_~_~.._'_"._~________~,,_.___"".,__~~_w~_.__~_W_~__"_~"__~_________.,.,,_____._.w___.
From: OeLeonOiana [OianaOeLeon@colliergov.net]
Sent: Thursday, June 05, 2008 2:39 PM
To: Ann P. Jennejohn
Cc: Wood, Lyn
Subject: Philips Medical Capital-Equip Lease/Purch Agreement
Attachments: Philips Med Cap-Acceptance Certificate.pdf
<<Philips Med Cap-Acceptance Certificate.pdf>>
Ann,
Please replace this page in the document. It is supposed to be blank until the equipment is delivered.
Thanks,
Diana De Leon
Purchasing Dept.
(239) 252-8375; Fax (239) 252-6597
d ianadeleon@colliergov.net
6/5/2008
16f-3
Documentation Instructions
The instructions listed below should be followed when completing the enclosed documentation. Documentation completed
improperly will delay funding. If you have any questions regarding the instructions or the documentation, please call us.
I. EQUIPMENT LEASE PURCHASE AGREEMENT (FLORIDA)
EXCEPT AS NOTED, ALL SIGNA TURES MUST BE BY THE PERSON OR PERSONS AUTHORIZED IN LESSEE'S
RESOLUTION
1. Description of Equipment
. Type in complete equipment description
. Type the location where the equipment will be located after delivery/installation.
2. Terms and Conditions
. Sign and type name and title
. Another individual must attest the signature
3. Certificate of Clerk or Secretary
. Date, sign and type in name and title
4. Opinion of Counsel
. Lessee's legal counsel must sign, date and type in their name, the name of the firm, address and
telephone number.
5. Exhibit A - Payment Schedule
. Sign and type name and title
6. Tax Designation and Covenants
. Initial the appropriate blanks on Item #2 and Item #3
. Date, sign and type in name and title
. Another individual must attest the signature
. Clerk or secretary mllst date, sign and type in title
7. Acceptance Certificate
. Date, sign and type name and title
II. 8038 - IRS Form
. In Box 2, type employer identification number
. Sign and type name and title
III. CERTIFICATE OF INSURANCE
. Attach a written certificate (binder) of proof of insurance with
Philips Medical Capital, LLC and/orJJi115\iem as "loss payee" and "additional insur ed"
. This certificate MUST be an original certificate
IV. ADDITIONAL DOCUMENTATION THAT MUST BE SENT TO PHILIPS MEDICAL CAPITAL, LLC:
. Resolution of governing body approving the purchase of the equipment and the resolution ratifying the
financing. (Note: if the purchase resolution and financing were done in one resolulioll that is sufficient.)
. Original vendor invoice (if applicable)
. Copy 01 title/MSO listing Philips Medical Capital, LLC &lor Its Assigns as 7 st lienholder (if applicable)
. First payment check (if applicable)
All documentation should be returned to:
Philips Medical Capital, LlC
2600 Grand Boulevard, Suite 380
Kansas City, MO 64108
816-448-5555
Rc\'03/200&
EQUIPMENT LEASE PURCHASE AGREEMENT
(FLORIDA)
DATED: MAY 13,2008
16F3
2600 Grand Boulevard, Suite 380
Kansas City, Missouri 64108
NAME AND ADDRESS OF LESSEE
Collier County Board of County
Commissioners
2705 S. Horseshoe Drive
Naples, FL 34104
NAME AND ADDRESS OF LESSOR
Philips Medical Capital, LLC
DESCRIPTION OF EQUIPMENT
Description Model #
Serial #
Quantity
See Attached Equipment Description
Name and Address of Vendor:
Philips Medical Systems
2301 5" A venue, Suite 200
Seattle, WA 98121
RENTAL PAYMENTS
Location of Equipment:
2705 S. Horseshoe Drive
Naples, FL 34104
RClllilll)aY11lCIIII'eriods shall be monthly. Relltal Paymcl11s sholl be mllde in i1Ccord.1IlCC with Section 4.01 and the Schedule of Rental Payments allacbed hereloas Exhibit A.
TERMS AND CONDITIONS
THE TERMS AND CONDITIONS Of THIS AGREEMENT SET FORTH ON PAGES TWO THROUGH
F!VE~' LING ANY EXHIBITS ATTACHED HERETO, SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
IN WITN WHEREOF ,l.c$wrand ~~e have t:l.llsed Ihls AJru1tlcI'IIIO be execuled in lllek names by Iheirduly Illlhorized rc:pl'CSCl\tltives llJ be.dotc wriUCB llbo
PHIL! MED AL tAL.(.,. ' t-',.I:', COLLIERCOU OARDOF YCOMMISS1ONERS
(LES R) (LESSEE) 0
By
ride;
By
Tille:
P"tUI'iAUT (SEAL)
VlVlun f ATTE~ DWIGHT E BROCK, CLERK OF COURTS
~.c. Thk:
., c. "'~<:1IalOiti'~~'Ef
I, the undcr&igncd, do hereby certify that the officer of Lessee who executed lh'!~ l#alr or Lessee and w e nuine signature appeal'S thereon, is the duly qualified
and acting officer of Lessee as staled beneath his or her signature and has been authorited 10 execute the: foregoin ement Ifo ee. ~
0....: lYl Of! t;, .;1 OtJ r'. By ~~ ~ ~
_ Tid" "''' ~..d'I '( gi8t::>nt County .'.ttorney
OPINION OF COUNSEL
~
LcascNlImber:
,\s legal counsel ofL.essee, I have examiued (01.) the Agreement, which, anIOns olher things provides for the SlIlc to and purchase by the l.esseeolthe Equipment. (b) an e1.ecllted counterpaner
Ihe ordinance or r~lulion of lessee whicJl, among other thill", autllOrizcs Lessee 10 execute tlte Agretment and (c) suoh Olher opinions, documelll:9 and matters of law as 1 have deemed
necessary in com\eeltou with the followinll opinlon~. l3asl.:d on Ihe roreMoing, I 3m of Ihe followi1l3 ollinions: (I) Lessee is it pllblic body corpornte and politic, duly Ofglnited and exllitln& under
Ihe laws orlhe Stale, and has a subst.1lllial a1ll0ulll orolle or more oflhe followillssovCrc;gll powerS: (a) the power to lax, (b) the power ofcminentdomain, and (c) police power; (2) Lessee bas
the n:quisitc power llnd authorilY 10 purchase rhe EiJuil)lllClIt and 10 cxeCl/te And deliver the Agrccmeutam.i 10 perfOl'nl its obligatlolls wider the Agreement; (3) llle Agreement Ind the other
documents eitber altllcllcd thereto or required therein have lX:cn duly authorized, ap,)l'Oved and e."eculcd by and 011 bebalfofLessee. and tbe Agreement is a nlid aud binding obligation ofLessce
enforceuble in accordance with its terlllS. eltCeplto the Cx.lelll limited by applicable bankruptcy, insolvency, reorganizatioll or other Jaws alfecting credilot's rights generallYi (4) the aUlborizlltion,
approval and execulion of the Agreement aud all otber proceedings of Lesseo relating to Ole lmllSactiolls contemplated l.hcreby have been pcrJbrmed ill accordance with all opcn meeting laws,
publlc bidding laws and all other npplicable slale and fcdeJ-allaws; and (5) UlefC is 110 proceeding pending or threatened ill any COUlt or before allY governmental authority or arbitration board or
tnbunalthal, iradversely dctennincd, would adversely affect the transactions cOlltemplated by tile Agreement or the security intereSl of Lessor or its assigns, as die case may be, in tho Equipmeut.
AU capitalized temlS herein shall have [he same mcaninw; as in thl!! Agreement.. LcS.'lOr, its SlltcesstlB and ll.ssigns, and any counsel rendering an opinion on Ille tax-exempt status of tile interest
components OrRellla[ Paymonts arc cnliclctl to rely on Ihis opinion.
F'rinledNlllTlc;
Ad<1rcs..<iO;
pnh.::~-rt 7'7,-.h.::lr~T
~lnl ~~mlQml ~-r.::ll1 V.::lQr
l\l~rloQ. FI ~Ll.l~?
=-1?! s~~
"'
Telephone No. _____.__
lle,'031200M
ARTICLE I
16F3
Seclion 1.01. Ddlniliom, The following tcons will lwvc the meallin~s indicatcd below unless lhecollte"tdearly requires otherwise:
"Agrecmcnl" means this Equipmellt Lease Purchase Agreel1lcllI al\d 3.I1Y other schedule, exhibit or escrow agreement made a p.1l1 hCl'eo'fby the parties hereto, together witll any amcndmellts
to the Agreemen1.
"Code" means the IntCOlal gevemle Code of 1986, as amended.
"COl>>mCllcelllent Dale" is the date when the Icrlll of this Agreement and Lessec's obligation to pay rent C<in1mcnce, which date shall be the earlier of (i) the date on which the Equipment is
accepted by Lessee in the l1lanUllr dllscribed in Section 5.01, or (ii) the date 011 which sufficient moncys to plll'chase the Equipment are deposited by LeSSof for that purpose with an escrow agent
"Eq\lipment" means lhe properly described 011 tIle from of this Agreement, and all replacements, substitlltlollS. repairs, restomtioJls, modiflcatiolls, ~ttac1ullents, accessions, additions and
improvcmentsthereoforthercto.
"Event ofDcfallU" means ,111 Event of Dcflllllt described in Sectioll ]2.01.
"I~S\lllI1Ce Yell"" is the calendar year ill which the Commencement Date OCCllfS.
"Least Terlll" meal1S Il1e Original Term und all Renewal Tel11l$, bul eliding on the OCClllTence of the earliest event specified in Seclion 3.02.
"Lessee" me:lns lhe emity described as stich 011 the front of tllis Agreerncnt, its successors und ilS assigns.
"Lessol'" means the entilY described as slIdl 011 the frollt of this Agreemem, its Silccessors and its assigns.
"Maximum LCllse Term" means the Origillal Tenn and all Renewal Temls through the Renewal Ternl including the last Rental Payment dale set ronh on Ihe Payment Schedule.
"Net J1roeeeds" lllCllns the amount remainillg from the gl'OSS proceeds of any h1surancc claim or cOlldell1natiOlJ award ~fl.er deducting an expenses (including a\lonIcys' fees) incuITed in the
collectioll OfSllch claim or award.
"Origln;\1 Term" means the period frol1llhe ComnlencenlCllt Datc ul1tillhe end of the fiscal year of Lessec in erTect at the Commencement Date.
"Pa"ment Schcdule" means the schedule of Rental Payments and PlIrchase Pricescl forth 011 E,>;hibit A.
"ru~ch.lse Jlrice" lilcans the alllOllll! set forth Oil the P<lyment Schedule as the Purchase Prkc for the Equipment.
"Hellewal Term." !\leans the optiCllal n:mell'allCnllS M lhis AIP'cement, ench h;lvillg ~ duration ofono;: year aud a tcrlll co-cx.lensivc with Lessee's fiscul year.
"Relltal Payment Period" meallS the pcl'iod beginning on the day a Rental Payment is due ami ending the day before the next Rental Paymellt is due, The tirst Rental Payment Period shall
begin on tile Commencement Date ill all C<lSCS. If Rent<ll Payment Periods are monthly, S\lb~equent Rental Payment Periods shall begin on Ihe same da)' of each month after the
Comrncncement Dme. If Remal Paymenl Periods are quarterly, subscquenl Renlall'aymclll Periods sball begin on the same day of each third momh aFter Ule Commencement Date. If Rental
Payment Periods are semi;-Jnllu;l:l. subseq\l\~nt Rental Payment Periods shall begin on the same day of each sixth month after the Commencement Date. If Rental paymem Periods are annual,
subsequent Renta] Payll1ent Pcri<xls shall bl'gin on the alllllvcrs;l.lY of tbe C()l1lmcnccment D3te in each year. If the ComnlenCemelll Date is the 29th, 30th, or 31st day of a month, any
subsequclll Rental Payll1ent Period llllll would Olherv,'ise hegin on Ihe 29th. 30th or 31st ofa momh tllat docs notlnclude such a dale shall begin on lhe la:;t day of tile. momh.
"Rentall'aymcnh" l\lca1'<$ the b:lsie rCl1tall)<I)"Il1ClllS P:lYllb1e by L(':ssc~ pllrSll<lllt to Section 4.0!.
"St:lte" means the stale in \.vhich Lessee is loeatcu.
"Vcnuor" 111<;;lI1S the m:lmlfhcHlrcr oflhe Eqlliplll~1I1 a.~ well as the agents or dealc~ of the mallllfacturer from whom Lessor pl11'chased or is purchasing the Equipment, as listed on the front of
lhisAgreelllellt.
ARTICLE I]
Seclion 2,01, HeprC5cllt:ltjolls :1I1U COlien:lllts uf Lessee. Lessee [<,presenls, warrants alii.! \,'Olicnants for t11e \x:nefil of Lcssor as follows:
(a) l.essee is a ll1ullieipal corpor:\tioll and political ~ubdivision duly orgallized and existing uuder lhe C<il1stitutioll alld laws oftlle Slate. Lessee will (10 or cause to be done aIllhillgs w
jlreserve alld keep i.l 1'\111 lorec and drcet ilS ('xistencc as a IH)dy coq)oralC ami politic, Lessee is a polilie:11 subdivision of the State withinlhe meaning of Sectioll 103(a) of the Code or a
COl1stitu!ed alll!lority (luthorlzed 10 issue obligMiol1s on behalfofa s1Jte or local govcmmcnlal Hnit within the meaning oftll(! regulations promulgated pursuant to said SeclKm oftlle Code.
(b) Lessec is .llIlhoriled Wider the con$ti(Ulioll alld 1;lWs oflhe Stale lO cnter 11110 this Aglt:L'llIcnt and the transactioll cOlltemplilled hereby and to perform all ofils obligations hereunder.
(c) Lessee lollS been dilly 31l111orized tu exccutc :lIld dcli.'cr this Agreel1lenl by proper action and approval or its goveming body at a meeting duly called, regIllarly convell~ and auended
Ihronghuuluya requisllc 1111ljOl'llY of the Illelllbcl's thel'cofor by Other appropri,1(e oflkia] <lppr(wal.
ld) Tbis Agreemcnt comtlllltes the legal, valid amI billdillg obligation of the Lessee cnforceable in accordance with its lell115, r,xcepl 10 lhe exlellt limit.cd by <lpplicable bankruptcy,
insolvency, !(:org.lni;,:alioll 01' oll,cr laws ail'ccling credilors' rig:rts gene!";l!!Y.
(e) No evcll!or condition lhat constiLutes, or with the giving OfllOlice or tlie lapse or lime or both would conslitute, an Event of Defllult exists at the CommMcement Date.
(I) Lessee has, ill accordance with tlie requirements of law, fully bmlgeted and appropriated sufficient funds for the current fiscal year to make the Rental Payments scheduled to come due
dUling the Origin:!1 TCl1l1 and to meet its olherobligaliolls for the Original Term, and such flUids have nOI been expended for other purposes.
(g) Lessce will do or cause to be dOlle all things necessary to preselve and kecp ill full fMce and effecl its existence as;l body corporate and politic.
(II) Lessee has cumplied with such Pllhlic bidding fCquirements as 1lll'ly be applicable La this Agree1llenl and the acquisition by Lessee oCthe Equipment hereunder.
(i) TIIere is no action, suil, proce~ding, inquiry or ill\'cstigntion, at law or ill equilY, before or by any court. public board or body, pending or threatened against or affecting the Lessee, nor to
the best knowledge or the Lessee is there any bnsis 1Ilerefor, wherein all unfavorable decision, TIlling or finding would materially adversely affect tlte Irallsactiolls contemplated by Illis
^h'Teemellt or any other document, ~lgleemellt or ccrtificate Wliicll is (Ised'or contemplated for use in the consummation of the transactions contemplated by this Agreement or materially
adverse]ynffcetthe finulleialcondilionorpmjJcrtiesofLcssce.
(j) All iluthorizatiol1~, COIlS'~I1lS alld appro\'als 01' 60Vel1llllWlal bodies or ~gcncies requircd in conncetioll with 1he cxeeu1iol1 alid delivery by the Le~5l'C of lhis Agrecment or ill cOllllection
with the eanyillg Ollt by tllc Lessee of it, obligations hcreUlldcl have been obtail1~d.
(k) Thc ~ntering into ;md performance of this Ag~cmcnt or <lny olher documcllI or agrecmcnl contemplated hereby to which the Lessee is or is to be a party will not violate any judgment.
order, !illl' or reglll;\lion applic;lble 10 the Les&ce 01 resutl in any breach or, Of constitute a defalllt under, or rcsult ill the crealion of allY lien, char.;e, security interest ofo~ler cncwnbrance on
ilny assets of the Lessee or lhe Equipment pUlsuan( to llll}' indenture, 1l1011gagc, deed or trllst. bank loan or credit agreement or otller instrllment to which the Lessee is a pntty or by which it or
its a$setsl11ay be bound, cxccpt liS hereill provided,
(1) The &plipll1ellt dcs<:;ribcd in this .'\grecmen~ is cSSClltiallO the fUllction oflhe Lessec or to the service Lessee provides \0 its citizells. The Lessee has an immediale necd for, l\Ild expects
to mnke illllllediale use or, snbstami;,lIy all the 2quipmenl, which nced is not tClllporal'Y or expected to diminish ill the foreseeable future, The Equipment will be used by Lessee only for the
PU11)OSC of pcrforming onc 01' l>lore 01" Les$ce's govcnl1l\ental or proprietary fUI\CtiollS consistent with Ihe permissible se<>pe of Lessee's aUll10rity and will not be used in thc trade or business of
;lllyother.;:ntilyorperson.
(m) Lessec will comply with allllpplicabte provisions of the Code, incllldillg witll(lut limitation Sections 103 and ]48 thereot: and lhe applicable regulations oftiJe Treasury Department to
maintain the exclllsiOlI ofllle inlerest COlllpOIll:1l1S of Rental Payments from gross il1col1~e for pllrpDseS offederat illconlC tllx:ation.
(n) Lessee lias llCver faile;:! to al)propl"iatc or Olherwise m~ke aVllilable ruuds sufficient to pay rent~l or other payments coming duc under any le:lse purchase, illstal1mcnl sale or other
similaragreemelll.
Section 2.02. Certil1calioll as to Arbitrage. Lessee hNcby represenls as follows:
(ll) The estil1l:11ed total COSIS of the Equipment will not he less tlwn tlie 10t,11 princip;11 portion of the Rental Payments.
(b) The Equiplllcntlms beeu ordered 01' is CXI}eClct!lo be ordered withlll six I1H)llLhs oflhe COll\lllene~l\1ellt Date, and Ille EquipulCnl is expected to be delivered and installed, and the Vendor
fullypai;:!, wilhillolleycal'orlhc COllllllcllcemcnlDutc
(e) Lessee h;l$ IH)l created or established, and docs 1101 eXI)ect lO creale or establish, allY $inking fund or other similar ftllld (i) that is reasonably expected to be used to pay the Rental
PlIYl11enlS, 1,)1' (i~ 1l1ll11\lay be used sulci;.' to prevell!;1 default in thc payment Mtlle l(ent;lI Paymeuts.
(d) Tile Equipment has >lO! heen and IS I\ot expected to be sold or olherwisc dispO$cJ orb)' Lessee, either in whole or In major p~rl, prior to Ihe Illst maturity of tile Rental Payments.
(e) To lhe besl of our knowledge, infonrration and beiief. the above C"pCCL1tioIlS arc rc~son~ble.
ARTICLE III
Section 3,01. LeaS(l of 1~<Jllipm(\llt. Lessor hereby dl.'lIlises, leases and lets (}Ie Equipment to Lessee, and Lessee renls, leases 3nd hirc$ the Eqllipme11l from Lessor, in accordancc witl1tlle
provisiollS of this Agreen~llI, for the LcaseTerl1l. The Ol'igillal Term Oflhis Agrecmenl shall commence onl1le ComlllencementDateand shall terminate on the lastdayofLessec's CUlTelll fiscal
year. The Lease Teml may be continlled at tire end of tile Originlll Term or any Renewal Term for all additional Renewal Temlup to the Maximum l.ease Tel111, provided, however, that at tlll~ end
of the Original Tcrlll and althe end of each Renewal Terl1llllltillllc Maidmlllll Le~se Tenn has becn completed, Lessee sl1311 be deemed to have conlinued this Agreement for the next Renewal
Term unless Lessee shall have lemlillated this Agreement ptlrsu.mt to Scction 3.04 or SeCliolllO.OI. The tenns and eOllditions during any Renewal Term shall be the same as the terms alld
conditions dwing the Original Term, e;o;cept that lhe Rental Payments shall be as provided in the Paymcnl Schedule.
ScetilJll 3.02. Termination of Ll'aS(i Tenn. rhe Lease Tenl1 shall te1"1nillalc upun the eal"liestofullY of the following events:
(<I) the expiration or lhe Ori~inal TCl1l1 or ~ny Renewal Terlll 11l1d the nOlll'ellCWul Oflhis Agreement in the evcllt of no nap propria lion of r\1nds pUI'suant to Section 3.0'];
(lJ) the cXcrci~e by Le%ee of the OptlOIl to pu~h;lse lhe G:qulpll1ent \IIlder AI1ide X and pa)rlllclll oUhe Purchase Price and all all10tmlS payable in eonneetiOI\ thercwIth;
(c) a dcfauttl>y LeS,l'l" :\Ild I.CS$lll\ c!c\;tion to lel111i1lalC this A;;rcclllcnt IIndcr Article XI!; 01'
Reli01200S
.2.
16F3
(d) lhe paYIll:lll by Lessee or all Rental Payments autllOrlzed (IT rC{llllrWlo be I)aid by Lessee hereunder during the Maximum Lease TenT\.
Section 3.03. Contilllliltl()11 or Lease Term. Lessee (ll!Tent!)' imends, subjecllQ Section 3.04, to c<Jlllinue the Lease Telm throUllh the Original Tenn and all of the RellewalTerms and to pay
the Relllall'aYlllclll~ bCI'CULldcr, Lessee 11.:asol1ably believes !hill1c~llly available funds in an 31l10Ulll sunicienl to make all RClltal Payments dming the Oligillal Term and each oflhe Renewal
TeT1llS C<lll \xl oblailled. The responsible linancial ollleeT orLcssce slm1J do a]1 thil\:,;5 1,IWfully willlin his or Ilcrpower to obtain and maintain funds from which the Relllal Payments Illay be made,
inc1udin:; making provision for such Rent,,1 Paymcnls 10 the exlCnt Ileccssary in ench proposed annual budget submitted for approval in acwnlallce with applicable procedures or Lessee and 10
exhaust all available revic\Vs an;J appca:~ in [hc cvcnl sllel, portiOn of the bu;J,gel is not approved. Notwithstanding the foregoing, the decisiol) whelher or not 10 budget or appropriale funds or to
exlelld lhis Agrcel11clItlor any Renewal Teml is solely within the discretion of the then currenlgovernillg body of Lessee.
Section 3.04. Nonalll1rOflriatloll_ Lessee is obligated ()Illy 10 pay SLldl Rental Pa)'ll1ents miller this Agreement as may lawf"lly be made from funds hudgeted and appropriated for that purposc
during Lessee's then CUITent fiscal year. 111 the event sufficient fnllds shall not be appropri,l[ed OJ' arc lIot otherwise legnlly available to pay the Relltal PaYl11enlS required 10 be paid in the next
occurring Renewal Tenn, as set fortll in the Paymel\t Scheuule, this Agreement shall be deemed to be lenninated at the end orlhe lllCII current Original Term or Renewal Ten1l. Lessee agrees to
deliver written nOlice 10 Lessor orslleh tenninalion a.t least 90 days prior to the end of the then cUITelll Original Term or Renewal Tenn, but railure to give such notice shall not extend t]1C Lca~
Term beyond s\1ch Original Terlll or Henew:\l Tenn. !f this Agreement is terminated in accordance with this Section, Lessec agrees, at Lessee's co~t and expense, to peaceably deliver Ihe
Eqllip111entlo Les.or ,lIthe location or locations speci1ied by Lessor, Upon return of the Equipment to Lessor, Lessor willllse its best efforts to lease or sell that Equipment upon such terms as
Lessor, in its reasollableJlIdgmellt, deel1ls prudelll. Lessor Willllpply lhe net proceeds oflhat sale or lease illlhe following manner: (i) first. to rellllburse Lessor for all costs associated with the
taking, removing, holding, repairing and leasillg or selling of that Equipn1ent; (Ii) second, 10 pay to LeSsor an amount equal to the Purchase Price for that Equipmel1lat Ihc time oftlle termination
oftllis Agreement; (Hi) third, to pay to Lessor the amount uecess,lry 10 satisfy Lesscc's remaining ob!igaliolls under this Agreement; and (iv) fourth, to remit any amounts thereafter remaining to
Lessee. No deficiency will be ,lllowed againsl Lcs...ce.
ARTICl.g IV
Section ~.Ol, Rent,!! IlaYll1cnl~. Lcs,ec shall pay Rental P;lylllents, exclusively lioll11egally ~vail~ble flll1ds, in lawrul mOl\ey of lhe United Slates or America to Lessor on the dales and in
the amounts sel fonh Oil thc Payment SdlCdlilc. Auy Hemal Paymclllllot rcccil.cd on or belore its dlle dnte shall bear inlerest at tile rate or 18% per allllU1l1 or the maximul1l i1mounl pcmliaed hy
law. whichever is less, from ilS due dnte, As SCt tll.nh 011 Ule PnYll1enl Schedule, a ]lOl1iol1 of each Rentnl p,Iyment is paid as, and represenls paymen[ of, interest.
Seclloll 4.112, Rent:ll PnJnlenls 10 Conslltute II Curr~nl Kxpellse Qr Le~sc(~, The Obligation of Lessee to pay Relltal Pnymenls hereunder shall eonstihtle iI cwrenl expense of Lessee, and do
nOl constitule a mandator}' [l~Ylllcnt obligation or Lessee in any IIseal year beyond the Ihcll CUITent liscal year of Lessee. Lessw's obligatlonlleleunder shall not in any way be construed to be a
deLt of Lessee in conlravention or allY applicable COl1stillltiollal or stalulory llolli(a!ion or requirement eonceming the creation of indebtedness by Lessee, 110r sh.all anything contained herein
conslitu(e a pledge ofllle general crcdit, tax revenues, nmds or HlOneys of Lessee. Lessee and Lessor understalld that lhe use or the ad valorem lax:illg power or Lessee to make Renlal Payments
cilnnotbe cOl1l]lelled.
Section4.0J. Renllll Pn~'mcnls To IJc UlH;OlldWOlllll. EXCEPT AS PROVIDED IN SECTION 3.04, THE OBLIGATIONS OF LESSEE TO MAKE RENTAL PAYMENTS AND
TO PERFORM AN!) OIlSERVE: THE OTHER CQYE.'1ANTS ANI) AGREEMENTS CONTAINED HEREIN SHALL HE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS
WITHOUT ABATEMENT, DIMINUTION, OEOUCTION, SET.OFF on DEFENSE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION ANY FAiLURE OF THE
EQUIPMENT TO BE DELIVERED OR INSTALLED, ANY DEFECTS, II'IALFUNCTIONS, BREAKDOWNS OR INFIRMITIES IN THE EQUIPMENT OR ANY ACCIDENT,
CONDEi\'INATION OR [I,'1FOJtF:SEEN cmCUMSTANCES.
ARTtCLE v
Section 5.01. Deliver)', 1'1~lllllalion ami AetCI,tllllce (If the r:qllip,ncnt. L<.:ssce shall oruer 1I1e Equipment, cause the Eql.lipmellt 10 be delivered a.nd installed at tile localion specified on the
front of this Agreemem ami pllY nllY and all deliver)' and inslalblioll COSI~ in C()11IlCClion therewilh, When the Equipmellllias been delivered and installed, Lessee shall immedialely aceepl the
Eqllipmenl J.nd evidellce ~<lld al:CCpl:lllce by exeellting am] delivering 10 Lessor all ,lc~epl;\IlCe rerlilicate ;Icceplable to Lessor. Arter il has bcen inSlalled, the t:qllipment will not be moved from
the localion specified onlhe nU1l1 ufthis Agreement \\IithoLl! Lessor's eonsellt, \'illich consent sh,llI1\ot be unreasonably wilhheld.
Section 5.02, Enj(})'lllcnt ut' Equipment. L,'ssce shall peatcably ,md '1Uie1ly liave and hold and enjoy tlle EqLlipmellt during lhe Lease Teml, withoul suit, trouble or hindrllllee fi-om Lessor,
except as otherwise e1\pressly set forth ill (IIis Agreell1cm.
Sl!elioll 5.03. I~ight or 11ISpCl.'lion L.CSSflT shall h,lve the right aL <1]1 rCilson:lblc rili1es during regular business hours to enter into al1u U[lOH the property of LesSee fur the pwpose ofinspccling
the Equipment.
Section 5.04. Use and M;lilltenanee uf lhe Equiplllcnl. Lessee lI'illnol install, \lse, operale or mainlain the Equipmenl improperly, cal'dessly, in violalion of allY applicable law or ill a
l1lallller cOlllrary [0 that eOlllcmplated by this Agreement. Lessee shall obtain all pcrn;its and licenses, ir any, neCC$Sal)' for the in.'>tallatioll and operation or the Equipment. In addition, Lessee
slm1l comply in alllespecl~ with all applicable laws, regulations and Hllill~ of allY 1cgisl.ative, executive, administrative orjudiclul body; provided that Lessee may eOlltestin good faith the validilY
or applkalion orany SHeh law, regul:llioll or ruling in any reaSOl1llhle nmnnerthat docs not, in the Opillioll of Lessor, adversely affect the interest of Lessor inand to the Equipmem or its llllerestor
lights under this Agl'CCll1Cllt. Lessee lIgrees that it will, at Lessee's own cost and expense, mainli1in, preserve and keep (be Equipment in good repair, working order amI conditioll. lfrequested to
do ~o by Lessor, Lessee \\'ill cntcl' illtO 11 mainlenance eontr;lct for lhe Equipment witll Vendor. LESSOR SHALL 1.1AVE NO RESPONSIBILITY TO SERVICE, MArNlAlN, REPAlR OR
MAKE IMPROVEMENTS OR ADDITiONS TO THE EQUIPMENT. LESSEE SHALL MAKG ALL CLAIMS FOR SERVICE OR MAINTENANCE SOLELY TO THE VENDOR AND
SUCH CLAIMS WILL NOT MFECT LESSEE'S OBLIGATION TO ,''I'lAKE ALL REQUIRED RENTAL PAYM~NTS
ARTlCI.E VI
Section 6.01. Title to Ihl' EquiplOl'l\l, Dm'iug the l.ease Term, tille to the Equipment shall vest ill Lessce, subject to the rights of Lessor under lhis Agrecment; provided that title shall
thereancr ill1mediately and withalll any actiOIl by Lessee vest in Lessor, and Lcs~ec $h<lll il])lllediately surrender possessioll oflhe Equipment to Lessor upon (a) allY terminution Qrlhis Agreement
other lhanlerl1linatiollllurSU<lnllu Section 10.01, QI' (b) [l1e oeCtlll'ellCe of~1l Evelll of Delallh. It is Ille tillellt oflhe parties heretolhat ,lilY lrailsferoflitle to Lessor pursua11l to this Section shall
oeeur 1I11101l111tically wilhout Ihe necessily or any bill ofsalc, certif'ic.1te orlitlc or (llher ills1fl111l~1l1 of.;onveyallce. Lessec shall, lIevertheless, execute and deliver any such inslruments;\s Lessor
l11ay n:quest tu evidcllce such transfer. Lessee ilTevoeably desig1\:\LeS, Illakes, ~ol1still1tes alld appoinls Lcssor ;lIld its assignee as Lessee's tme aJ1d lawful aUomey (and agent in.fact) witll power, at
Sitch lil11e of termination or timcs Ihereaner as Lessor in its wle and absolule discretion may detem1ine, in Lessee's or Lessor's or such assignee's nan1C, to endorsc lI1C llllme of Lessee UpOI1 allY bill
orsalc, document, instrul11cnt, invoice, li'eighl!)ill, bill ofhldillg or similnr document relating 10 the Equipment in order to vest litle ill Lessor and trallsfer possession to Lessor.
Sectio/l 6.02. l'ersHnlll I'roll~rly. Lessor and Lessee ilgree that the Equil)\llClll is and will remain personal property. The Equipment will not be dcemed to be affixed to or a part of the real
eSlate on which it may be silllated. lIotwithstanding that the Equipmenl 01' allY pllrt thereof may be or lIerellf\er become in any manner physically affixed or attached to sueh real estate or allY
building l!u:rtQII. Upon the requcsl or Le_ssor, Lessee will, 11I Lessee's e~:pe,\Se, rurnish a waiver of an)' interest in the Equipl11ent from allY p3rty having an interest ill any such reill estale or
building.
AHTICLE VII
Section 7.01. Liens, Taxe~, Other Covernml!l\lllt ChOlrges ;md Utilily Chlll'gCS. Lessee shall keep the Equipment rree and clear oLlllliens, charges and encumbrances, except those created
under Ihis Agreement The parties. to lhi, A~recJ1lent conlc-mpllllc that lhe Equipnlentwilloe use<.l ror a govCflllllenlal or proprietary purpose of lessee and, therefore, thallhe Equipment will be
exempt rrOlll alllaxes and other similar charges, Ir the use, possession or llequisiliotl oflhe equipmcnl is found to be subject to lilxation in ally form, Lessee will pay alltaxcs and governmenlal
charges lawfi.llly assC'ssed or levied against or with n:specllo the EqtlipmelH. Lcssce shall pay all Illility ilnd other charges incun"<'d in the use and maintenance oflbe E.quipment. Lessee sllal\ pay
such laxes alld charges as llie S:lIll~ b~co,ne dt,e~ plUvit!ed Ihat, with respect to any Sllcl1taxes ami chal'Jes that may lawfuliy be ~lid in installmenls over il pnlod oryears, Lessee shall be obligated
to PilY only such installments lhal accruc during tlte Lease Term,
Section 7.02. IUsllrlllle.... Al ilS own expense, Lessee sh"lJ Il1aintain (11) ci1s\lalty ins\,rJ.nce insuring the Equipment against loss or damage by fire and all other risks covered by the standard
extended coverll~e endorsement then ill use in tile State aild ally other riSks reason;lbly roqllircd by Lessor ill an amount at least equaltQ Illc then applicable Purchase Priee of the Equipment, (b)
liability insllr,lIlce lloal ptol,eds Lessor ~'orn liabilily in ~lll cvents ill forln and :ll11u!Jnt satisfaclory to Lessor, llnd (c) workers' COll1pel1Siltioll coverage as required by the lawsortlle State; provided
Ihal, with 1.essOl's Plior writtcn COII$ent, Lessee n1:1Y se1f~iilsurc against the risks described ill clauses (0) and (b). All illsllTance proceeds from casualty losses shall be payobk: as hereinafter
provided. Lessee shall fumisll to Lessor cerlificates evidellcing such coverage throughout the Lease reml. All such casualty and liability insurance sllal! be with insurers that are acceptable to
Lessor, shall name Lessol' as a loss pa)'ce and an additioual insured, respeclively, alHI sl11111 contain a provision to the effect that sLlCh insurance shall not be cancelled or modified materially
withoul fIrst <;ivlng wrilten notice (hereof 10 Lessor at least tell days in advance of such cllnce!l<ltion or modification, All sliG1J casui111y insurallce shall contain a provision making al\Y losses
payable to Lessee and lessor, as lheir respective interests may apl,ear.
Scc1ion 7.03. AdvlIlKCS. lnlhe event Lessee SIHlll rail to either l11ainlain the insurance l'eqllircd by this Agreemellt, pay the taxes or charges required to be paid by [t under lhis Agreement or
keep the Equipment in good repair and working order, Lessor may, but Sh,lll be tlllder nQ obligation to, 1)U1'Chase the required policies ofillsurllnce aud pay the cost or the premiums thereor, pay
such taj;,cs and charges and maintain ~lld repair the Equip<nel\t alld pay Ihe cost thereof. All nnlOunl$ so advanced by Lessor shall become additiollul rent for the thell current Original Tel"TlJ or
Rellewal Tcn11. l..essee.agrees 10 pay such amO\!I1lS with inlerestlllercon rromlhc dale paid .althe I',lle of 12% per annum or thc maximum permitled by law, whichever is less.
Seclion 7.04. fltllllleial tnlijl'matinn, I.CSS("C will a'lnllally provide Lessor wilh e(ln.ent fin:mcial statemcllts, budgelS. proofs or appropriatioll ror Ihe ensuing nscal year and such other
lill.1nci:!1 illlolmalion relating to :he ability ot'Lessee to continue this /lgreel1leut as lll11y b~ requcsled by Lessor.
Rc~ 0312008
-,-
16F3
Section 7.05. Relc:lsc lIUt! Indemnification, To thl! Cl;WllI perlllitted by I;IW, Lessee shall indemnify, protect and hold harmless Lessor frol11 and agaillst any a.nd all liability, obligatiolls,
los~es, claims alld d.1nl,1gCS whaISl)CVCr, regardless oreause thereof, and CXpCIlSCS in conncctioll therewith (incl~lding, without limitation. counsel fees llnd expcllscS and any federal income tal: and
inll'rcsl and penalties COlH1CC1Cd therewilh hnlloscd all ill\<;n:sl leceived) alising Ollt of or as the result or (a) the cl1lcrillg into this Agreemcill, (b) the ownership orany item of the Equipment,
(c) the IllallllfaCludllg, ardelillg, ;lcquisitioll, use, opcrdl;OI1, conditiOn, pl.lrcha~c, delivery, rejeclion, storage or return of any item or the Eqllipmcllt, (cl) l\l\y accident in COllllcction with the:
op~ralion, use, condilioll, possessioll, Sloruge or relum of ,my item of the Equip11lel1ll'~sultil1g ill d311lagc to property or injury or tlealh to any persoll or (e) tllC breach of <lily covenant herein or allY
moterial misrcprcsel\t~lioll contained herein. The indcmnilicntion arising O:ldcr Ihis pMagraph shall continue in full force and effect notwithstanding tile ful! payment ohll obligations under Ihis
Agl'eement or the LenJlinatioll o(the LcaseTerm lor allY reOlson.
ARTICLE VIII
Sectil>n 8.01. Rkk ()f Loss. lessee assumes, rro11l and illcllldinJ; lhe Commenccment Date, all risk of loss of 01' damnge In the Equipmel\l from any cause whatsoever. No such loss of or
danmge to lhe Equipment nor deleel therein nor unfitness 01" obsoleseencc thereof s11all relieve ~see of the obligatiou to make Renlal Payments or tu pt:rfotm any olllcr obligation under tbis
Agreel'l1ll;nt.
Section S.OZ. Dnmllge, Destruction and COlldemnatilll1, If(3) the Equipment or any portioll thereof is destroyed, in whole or ill p:;rt, or is damaged by fire orolher casualty, or (b) title to, or
the tempomry use of, tlic Equil'men: orallY part thereofor lbe interest of Lessee or Lessor in the Equipment orany part thereof shall be taken under the exercise of the powerofcminellt domain by
allY go\'cnllllenlal body or hy allY person, firm or corporation acting under goVenllllelltal authority, Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation llward
to he applied to the pl"D1l1pt replacement, repair, restoratioll, modincation or ill1pfOl'cmclll ofthc Eqllipment, unless Lessee shall have eli-crcised its option to purchase thc Equipment pursuant to
Section 10,01, Any bal;lnce of the Netl'roceeds rell1aining aller such w(}r!( has becn completed shall be pllid to Lessee.
Section 8.Cl3. IIl$urlidellcy of Nel Pl'oct'ctls. lfllle Net Proceeds arc insufficient to puy ill fllllthe cost of any repair, rcstor;lliOll, l11odification or improvement refcrred 10 in Section 8.01,
Lessee shall either (;1) cOlllplete slIch replUCCl1lCllt, repair, restorntioll, modification or il\lproycm~nt and pay any COSls tllcreofin cxcess orthe amouut of the Net Proceeds, or (b) pun:hase LeSSOl'S
intt'fest ill the Equipl11ent pursmllll to Section 10.01. The nmount of the Net PI'occcds, if allY, relllaining after cOlllpleling such repair, rcstorutiO[I, modification or improvenlCllt or afler purchasing
lhe Equipment sll<lllb<: retained by Lessee. If Lessee sllall llJ;lkc :lIlY p;lylllClHS plIr$u;lnt to lhis SeCdotl, Lessee shnlll\()t be entitled to allY reimllurscmcllt therelor from Lessor 1111r shall Lessee be
entitled to any dil\linutiol1 Oflhe;l)llounts; paY:lblc Ulltlcl t\l'licle IV
AllTICl.Ji:tX
Section 9.01. DiselailllCl' orWarranlles, LESSOR I\1AK1i:S NO WARRANTY Olt REPIlESENTA TION, EXPRESS OR IMPLIED, AS TO THE VALUE, DESJGN, CONDITION,
MER(HAN,'AnlLlTY OR FITNESS FOR PARTICULAR use OR I'UIU'OSE OF TJ-IE EQUIPMENT OR AGAINST INFRINGEMENT, OR ANY OTHER WARRANTY OR
ItEPRESENTATION WITH RESPECT THEIU;TQ. IN NO EVENT SLlAL!. LESSOR BE LJABLE FOR ANY ACTUAL, INCIDENTAL, INDIRECT, $PECJAL OR
CONSEQUENTIl\L I)Ai\1AGE IN CONNECTION -WI1'H OR ARISING OUT OF TIllS AGREEMENT OR THE EXISTENCE. FURNISHING, FUNCTIONING OR LESSEE'S
USE: OR MA1NTf':NAj\'CE OF ANY EQUIPMENT OR SERVICES I'ROVIDED FOn IN TillS AGREEMENT.
Seclioll 9.02. Yendor'~ WarrantieS. Lessee lHllY have rights unt!er the contract evidencing the purchase of ,he Equipment; Lessee is advised to contact Ille Vendor ror a description of any
~uch rights, Lessor 11cJ'eb)' as~iglls to Lcssee during the lease Terlll nil w:m"antics running from Vcndor 10 Lessor. Lcssor hereby incvocahly appoinls Lessee ils agent and attomey.in-faclduring
the Lease Telln, so Ion,; <16 l.essee shall not be ill ceEwltliercundcr, 10 ,ISSC1'l fmnl time to limc wh,ltever claims and rights (including witllOllt limitation warranties) related to the Equipment that
Le~iiOr may h~ve ag<linsttlie Vendor. Lessee's sole l'l'mcdy for Ihe brcilcll of any such WUITallty, indemnification or representation sl1all be against the Vcndor, and not against Lessor. Any such
mallcr sl1allnot have ally effcct Wlhllsocvcr on the ri:;lils and ovligatio1\s of Lcssor willi respect to this Agreemcnt, includ:ng the right to receive full and timely payments llerelmder. Lessee
expressly acknowledgcs that Lessor makcs, and has Imde, no 1'CJ1reSCI11~\liolls or wall':)llties whut50cve,r as to tile cl\istence ur ;1',.,dlabiliIY of~uch walTantics by any Velldor.
ARTICLF.X
Sectioll 10.01. I'urdwse Optitill. Lessee shall have tile Ojltiolll0 purchase Le.'sol's i'llci'cst in ;\11 (bUI not less 1llan all) of the Equipment, lIpon ~ivillg writte~l notke to Lcssoralleast 60 (but
IIOt more th;lll J SO) d;l~s before the date OfPllldlUSe, at the following tillles ant! upolltlu~ following terll1s:
(:\) 011 ;Iny Rl.lltal Puyment Date, upon p:\ylllCnt ill ftlll of\he R~nt:\l P;lyll1ellts alld all ulher :\I;lOlLnts then due hereUllderv1lls the lhen llpplic;lb]c Purcha~ Priee to Lessor; or
(b) In the event ofsd)stantinl damage 10 or destru;;tion or condenll1ntion ofsllbstanlially ull ofthc Equipmelll, on lhe day Lessee specifics as the purchase dale in Lessee's notice to Lessor of
its eJ;crcisc of the purcbse option, npGIl paymcnt in full of the Rental PaYlllcllls and all othcr nnlOlillts then dlle herellllder pillS (i) the Purchase Price designllted 01\ the Paymelll Schedule for
such purchase date ifsllch purchasc dute is l\ Rcntall'aymCllt Date or the ])urchase Price for the inmlcdiilte1y preceding Rental Paymcnt Date ifsuch purcllllse date is nota Rental P;lyment Date,
und (ii) ifsuch d,lY is \lot a !~ent;ll Payment OMe, an amount equal to thc portion of the imerestcompol1ell\ of the Rental Paymcnt scheduled to come due on the foHowing Rel\tal Payment Dale
accrued from Ihe inllllctliatc1y preceding Rental Pai'ment Date to sueh pllrcha,-e ();llc, computed on the bllsis ora 3GO.day year oftwclve 30.day months.
Upollthe el\ercise of the optlonto purchase set fortll above, tiLle to the Equipmelll shall be vested In Lessee, free and c1earof:my claim by or through Lessor.
Section to.02, lh'ttTlllilln!iQII of F;lir Purchase I'rice, Lessee and Lcssor hereby a~lec alld dctenlline that the Rental T'Jymellts hercunder during the Original Tem1 and each Renewal Term
represent tllc fair vahu;: of the \lse ofthc Equipment and that the amOUllt reqllired to cl\ercise Lessee's option to pllrchllSe the Equipment pursuant to SeCtioll 10,01 repre:sellts, as of the end of the
Origilllll Term or 3ny Renew;11 Tenn, tire fair purchase price oftllc Equilmlcl11. Lessee IIC\eby detcI1l1ines Ihat lhe Rental Payments do not exceed a rC:lsonable amOllll1 SO;lS to place Lessee under
a pracdcal economic conll>lIlsioll to renew this Ab'Tcemcllt or to excrcise its option 10 purchase the Equipment hC'I'CUlldcr. III Illaldllg such determinations, Lessee <lnd Lessor have givel)
cOllsiderntiol1 to (;l) thc COSIS or tile Equipment, (b) the llSeS and purposes for which the Ellllipnl(':llt wilt be employed by Lessec, (c) the benefit to Lessee by reason of the acquisitiol\ and
installation oflhe Eqllipl1lellt and the use of the Equiplllcnr I)IIrSU1\111 to the lerms and proYlsions of this Agreemenl, and (d) Lessee's option to purchase th<l Equipment.
AHTICLJi: XI
Seetioll I J ,01. A~s!gnlllcllt b.l' Lessor. Lessor's illterest in, to alltl untler this Agreement and Ihe Equipillelll may, without notice to Or the consent of Lessee, be assigned and reassigned in
whole or ill p:lrt to onc or Illore l\ssignec:s hy Lessor, Lessee hereby appoiuts Municip,lI Registrar Services (the "Registr.\r") as its agent for the purpose ofmailllaining a writtell ret:ord of each
slleh assignment in form nccessnry to comply with SectiOl! 149(,,) of the Cod~. No such ;lssigllUlcnt shall be billding 011 LeS5cc UHlillllc Registrar lms received written I\otice from Lessorofthe
nalll~ ~Ild address orllle USSigIICC, Les~e agrces to (;;(e(;ute all doc\!1llcll\S, including chiltlelmongagt:s or finallcing statementS th;lt may be rcasonably requested by Lessor or any assignee to
protect its interest in tile Equlpnwnt and in this Agrc\:lllent. l.essce shall notlla\'c tile right 10 ami shall not assert agllinst ;lilY {I;sigllee ;lny clailll, eOlllltcrclairn, defense, set-ofT or otber right
Lessee may t'i-om time to lill1e have against Lessor.
Section 11.02. As.~I~1]m(\nt ;lmt Sublcllsing by Ll'ss('c. NOlie 01" Lessee's right, title and interest in, 10 llnd under this Agrcement and ill the Equipment may be assigned Or encumbered by
Lessee for ;IIlY reason, exceptthnt Lessec mny suhlense all or Jl311 oflhc Equipment if Lessl;:e obtains the prior written consenl of Lessor and 311 opinion ofnntional1y recogllizedcouJlsel in tlle area
01" lax e,\elllpl lllllllkip;\lobligaliotls s~tisfnCl\)IY Co Lessor th;it such subleasing ,vill not Oldver~ely affect the cxclusion of the interest components of the Rentall'ayments from gross income for
ft:dcral income t:l.\ p\l!pose~. Any such snhle;lsc of all or part of the EquiptllCnt sl1all be slIbject to this Agrecment and the rights of the Lessor ill, 10 ami under this Agreemcnt and the Equipment.
AHTICLJi:XIl
Seccion 12.01. EvenlS of Dcfault: Defined Subject to lhe provISIons of Section 3.04, any ofthc following shall be "Events of Default" under this AgTeelllenl:
(a) f;1i1ure by Lessee to pay any Rental P;lym(:J]t or other paymcnt required to be paid hcre\lnder at the lime specified herein;
(b) Failure by Lcssee to obServe ,lIId perlonn nny c~)Venant. condition or llgreement 011 ils p1111 to be observed or perfOnlled, alher than as refen'ed 10 in Section 12.01(a), for 01 period 01'30
d3Ys aC\er written notice, specifying such failtlre and requesting thaI it be remedied, is givcn to Lessee by Lessor, unless Lessor shall agree ill writing to an extension of such time prior to its
expiralion; provided, however, if the railure stated illthc Il\)ticc canl10t be cOJ"''Cc1ed wilhin thc applicable period, Lessor will notllnreasonahly withhold its consent to 311 extension ofsueh time
ifl'.oneetive action is institUted by Lessee within the applicable period and diligently pursued until the defllult is concctcd;
(c) Any statelrlCl1t, rellreselllalioll or wim,wty 11l:lde by Lessee in or pUrSll<ll1t to Ihis A~reement or ils cJ;eculi(lll, dclivery or per10nmnce shall prove to have been false, incorrect, misleading
orbreaehC'd in anymalcrial rcspecton the date whell 1lllldc;
(d) AllY provision of this Agreemcllt Shill! ill nny lime for :lIlY reason ee,I~C to be valid <lnd bimling on Lessee, or shall be dcclared to be null and void, or the validity or cllforceability thereof
~11all be contesled by Lessee or any govemmelltal \\gcncy bT ;\IIthority i(the loss of such provision would m~teria1iy ndverscly alleel tile rights or security of Lessor, or Lessee shan deny that it
has;lny further linbilityor obligatioll ulldcl'thi, Agreement;
(c) lessee sllull (i) apply for or ~ollsellt 10 the ~p[Xlilltll:eutufu receiver. Inlsl~c, cllstodiall or liquid<l1or of Lessee, or of all or a substantial p;lrt orthe assets of Lessee, (ii) be un~ble, fail or
:ldmit ill wlillng ils il1'lbility gencriilty to pay its debts as they become due, (iii) milke a general assignment for the benefit of creditors, (iv) have an order for relief entered against iluooer
~ppllcable f<lder~1 billlknlptcy law, or (v) file 3 voluntary petition in bnnkrupley or a petition or an allswcr seeking reorgallization or an alTangcmcnt with crc:ditors or takillg advantage of any
insolvency Inw or any ~nswer adlllilting the Illilleri,tl allqpliom ofa pctilion liIed against Lessee in any bankruptcy, rcorgallization or insolvency proceeding; or
(f) An order, judgment or decree slr~l1 be entered by ;Illy court or ~lllpetelltjurisdiction, approving a petition or appolnting a receiver, trustee, custodian or liquidator of Les..~ee or of all or a
substantial p1ll1 of the asscls of Les5ee, in each case without its application, approv,,1 or consent, ;Iud such order, judgment I)r decree slla)) continue ullslayed and in effect for an)' period of 30
cOllsceutivedays.
Scdloll 12,02. Remedies (Ill Defautt. Whenever any Evenl of Def.1ull CJ;iSlS, Lcssor shall have the right, at its sole option without allY further demand or notice, to take aile or any
combination of the following remedhl sleps:
Rc~ 03l200B
"4"
16F3
(a) By written notice to Lessee, Lessor rmy dllclare all Rell\al Payments and other amOllllts payable by Lessee hereunder to the end orthe then current Original Tenn or Renewal Term to be
due;
(b) With or without terminating this Agreement, Lessor 1l1i1)' enter the premises where the Equipment is located and retake possession of the Equipment or require Lessee at Lessl:e's c)(pense
to promptly return allY or all arthe Equipmclll to the possession of Lessor al a place specified by Lessor, and sell or lease the Equipment or, for lhe acco\llltofLessee, sublease the Equipment.
holding Lessee liable for lIle difference between (i) lIlt Relltal payrncnts and other alllCll1l(S payable by Lessee hcmmder pIllS till: then applicable Purchase Price, and (ii) the net proceeds orallY
such sale, lea~e or sublcnse (aner deducIing all expenses of Lessor in cxcr<;isjng its remedies under this Agreement, including without limitatioll, all expenses of laking possession, storing.
reconditioning and $ellillg or kasil1g lhe Eq\ripmli:llt and all br'Okerage, auctioneers' aud atlomeys' fees); provided tllat the amOUlll of Lessee's liability under Ihis subparagraph (il) shall not
c)',.eeed the Rental Payments and other amounts olherwise due hereunder fllus lhe remaining Rental Pnyments and other amounts payable by Lessee hereunder to the end of tile then curren!
fiscal year of Lessee; 11lld
(c) Lessor Ill:!y take whatever oilier action al lawor in equity milY ~ppe,lr nccessary ordesirahle lO enforce its rights as tIle owner of the Equipment.
In addition. Lessee will rClllainliilblc for all covenallls amI indemnities undcr lllis Agreement and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with
I~Sl'e~1 to Ihe ClllarCCIl1Cl1l of :IllY of lhe remedics lisleJ above or all)' Oilier rtllled>' available to Lessor, Lessor ma)' charge inlerest Oll all amounts due 10 il at thc rale of 18% per anllum or the
ma~il1l\lll1l1mounl permilled by law, whichcv.::r is less.
Lessor ~l1d Lessee agree lhal lhere is no intention to creale UlIder this Agrecmel\t a righl of Lessor to dispossess Lessee involuntarily oflhe legal title to or Ihe rigllt of use oftllc Equipment.
Lessorllereby irrevocably waives any right to specific performance ofle5see's COVCllunt te lr<lnsfer legal tille to and retum ofpossessioll ofllJe Equipment to Lessor.
ScellOll 12,03. No Remedy Exclusive. No remedy herelll conferred UpOll or reserved to Lessor is intended to be exclusive ~nd every such remedy shall be cumulative and shall be ill addition
to every other remedy given under thi5 Agreement or now or hereafter existing allaw or in equity. No delay or omission to exercise any rigl)l or power accruing upon any default shall impair any
such right or power 01 shall be construed lO be a waiver 1]lereof, bUI allY such riglll and power may be exercised fi'om time to lime and (IS often as may be deemed e;.;pedien1. III order to enti1le
Lessor 10 exercise allY rCI\\edy reserved 10 it in this Article it shall not be llccessal)' to give allY notice, other tban such notice as may be lequircd in tlli8 Article.
ARTICLE XIII
Section 13.01. Nuticcs. Allllotices, cerlificales or other cQll1lll\llIications hercunder shall be sufficlenlly givcrJ and shall he deemed ~iven when delivered or mailed by registered mail, postage
prel)aid, to lhe p.....rtics al the ;Iddresscs Oil (he front oflhis Agreemenl (or;ll sllch (\11"-'r nddress as cilhcr pally hereto s!la!l designale in wliting to thc other for lloticcs to such party), 10 any assignee
at ilsaddress as it nppe<ns011 lhercgislrationbooks!llllintaitlcd hy Lessee.
Seetlon 13.02. mndiug EITl'Cf. This Agreement shan inure 10 tile benefit ofilnd shaH be binding 1I1>OIl Lessor and Lesgee andlheir respective successors and assigns.
Section 13.0:1. SI'I','nlhili1y. ]n llie el'el'l allY provisi\1I1 oftliis Agreement sball bc held invalid or unenforceable by ~l\)' COUTl of competent jlllisdic\ion, such holding sballllot invalidate or
rendCl Ullcllforccab1e any olhcr pnrvisloll hereof
Sectioll ]3.04. Entire A~"cemcnt. This Agreemcnt eOllsliwlCS the t:lllire agrccI1le1l1 helween Lessor and Lessee.
Section 13.05. AllWmllllCnts. This A!lrecl11Clltlll:ly be ~l1Iendcd in wriling by Less\)\" and Lessee,
Secilon 13,06. E:WClltioll in COllnterpal'ts. This l\greClllenl may be simllllillleously excellleu in several counterparts. cach of which shall be all original aud all of which shall constitute but
one and the:\<llllc instnnllcut.
Sccllon 13.07. Usury. The parties herelO agree that the charges inlhis Agrecll1enl shall not be ;) violalion of usury or other Jaw. Any such cxcess charge shall be applied in such order as to
conform this Agreement to such applicable law
St.'CIiDllI3.08. Jury Trt:d Waivt:r. TOTHE EXTENT PERMITT1W BY LAW, LESSEE AGREES TO WAIVE ITS RIGHT TO A TRIAL BY JlJRY.
Section 13.09. Facsimile Oocumenla!ion. Lessee agrees lhat a f:lesimile copy oflhis Agreement with faesirllile signatures may be treated as an original and will be admissihle as evidence of
thi~ Agreement.
Section 13.10. nlpttl!lIS_ The C:lptiOllS or l1c:lClings in lhis Aglcell'ent arc for cOllvenience ollly :md ill110 way Jenne, limit or describe the scope or intenl of any provisions or scctiol\,~ oftlris
Agrecment.
Section 13.11. ^I,pllc;lh1c Law, This Agn:emclll shall be governed by ~lldc01EIl"llcd in necord:lIlec with the laws ofllle Stale.
Re\'031Z00S
.5-
16F3
EXHIBIT A TO EQUIPMENT LEASE PURCHASE AGREEMENT
PAYMENT SCHEDULE
Purchase
Payment # Date Payment Interest Principal Balance Price
05/13/2008 $592,481.40
1 06/13/2008 $10,808.38 $1.784.05 $9,024.33 $583,457.07 $595,126.21
2 07/13/2008 $10,808.38 $1,756.88 $9,051.50 $574,405.57 $585,893.68
3 08/13/2008 $10,808.38 $1,729.62 $9,078.76 $565,326.81 $576,633.35
4 09/13/2008 $10,808.38 $1,702.28 $9,106.10 $556.220.71 $567,345.12
5 10/13/2008 $10,808.38 $1.674.86 $9,133.52 $547,087.19 $558,028.93
6 11/13/2008 $10,808.38 $1.647.36 $9,161.02 $537,926.17 $548,684.69
7 12/13/2008 $10,808.38 $1,619.78 $9,188.60 $528,737.57 $539,312.32
8 01/13/2009 $10,808.38 $1,592.11 $9,216.27 $519,521.30 $529,911.73
9 02/13/2009 $10,808.38 $1.564.36 $9,244.02 $510,277 .28 $520,482.83
10 03/13/2009 $10,808.38 $1,536.52 $9,271 .86 $501.005.42 $511,025.53
11 04/13/2009 $10,808.38 $1,508.60 $9.299.78 $491,705.64 $501.539.75
12 05/13/2009 $10,808.38 $1,480.60 $9,327.78 $482,377 .86 $492,025.42
13 06/13/2009 $10.808.38 $1.452.51 $9,355.87 $473,021.99 $482,482.43
14 07/13/2009 $10,808.38 $1,424.34 $9,384.04 $463.637.95 $472.910,71
15 08/13/2009 $10.808.38 $1,396.08 $9,412,30 $454.225.65 $463,310.16
16 09/13/2009 $10,808.38 $1.367.74 $9,440.64 $444,785.01 $453,680.71
17 10/13/2009 $10,808.38 $1,339.31 $9,469.07 $435,315.94 $444,022.26
18 11/13/2009 $10,808.38 $1,310.80 $9,497.58 $425,818.36 $434,334.73
19 12/13/2009 $10,808.38 $1,282.20 $9,526.18 $416,292.18 $424,618.02
20 01/13/2010 $10,808.38 $1,253.52 $9,55486 $406,737.32 $414,872.07
21 02/13/2010 $10,808.38 $1,224.75 $9,583.63 $397,153.69 $405,096.76
22 03/1312010 $10,808.38 $1,195.89 $9,612.49 $387,541.20 $395,292.02
23 04/13/2010 $10,808.38 $1,166.94 $9,641.44 $377,899.76 $385,457.76
24 05/13/2010 $10,808.38 $1,137.91 $9,670.4 7 $368,229.29 $375,593.88
25 06/13/2010 $10,808.38 $1,108.79 $9,699.59 $358,529.70 $365,700.29
26 07/13/2010 $10,808.38 $1,079.59 $9,728.79 $348,800.91 $355,776.93
27 08/1312010 $10,808.38 $1,050.29 $9,758.09 $339,042.82 $345,823.68
28 0911312010 $10,808.38 $1,020.91 $9,787.4 7 $329,255.35 $335,840.46
29 10/13/2010 $10,808.38 $991.44 $9,816.94 $319,438.41 $325,827.18
30 11/13/2010 $10,808.38 $961.88 $9,846.50 $309,591.91 $315,783.75
31 12/13/2010 $10,808.38 $932.23 $9,876.15 $299,715.76 $305,710.08
32 01/13/2011 $10.808.38 $902.49 $9,905.89 $289,809.87 $295,606.07
33 02/13/2011 $10,808.38 $872.66 $9,935,72 $279,874.15 $285,471.63
34 03/13/2011 $10,808.38 $842.74 $9,965.64 $269.908.51 $275,306.68
35 04/13/2011 $10,808.38 $812.73 $9,995.65 $259,912.86 $265,111.12
36 05/13/2011 $10,808.38 $782.64 $10,025.74 $249,887.12 $254,884.86
37 06/13/2011 $10,808.38 $752.45 $10,055.93 $239,831.19 $244,627.81
38 07/13/2011 $10,808.38 $722.17 $10,086.21 $229,744.98 $234,339.88
39 08/1312011 $10,808.38 $691.80 $10,116.58 $219,628.40 $224,020.97
Rc"OlnOf)S
16F3
40 09/13/2011 $10,80838 $661.33 $10,147.05 $209,481.35 $213,670.98
41 10/13/2011 $10,808.38 $630.78 $10,177.60 $199,303.75 $203,289.83
42 11/13/2011 $10.808.38 $600.13 $10,208.25 $189.095.50 $192,877.41
43 12/13/2011 $10,808.38 $569.39 $10,238.99 $178.85651 $182,433.64
44 01/13/2012 $10,808.38 $538.56 $10,269.82 $168,586.69 $171,958.42
45 02/13/2012 $10,808.38 $507.64 $10,300.74 $158,285.95 $161,451.67
46 03/13/2012 $10,808.38 $476.62 $10,331.76 $147.954.19 $150,913.27
47 04/13/2012 $10,808.38 $44551 $10.362.87 $137,591.32 $140,343.15
48 05/13/2012 $10,808.38 $414.31 $10,394.07 $127,197.25 $129,741.20
49 06/13/2012 $10,808.38 $38301 $10,425.37 $116,771.88 $119,107.32
50 07/13/2012 $10,808.38 $351.62 $10,456.76 $106,315.12 $108,441.42
51 08/13/2012 $10,808.38 $320.13 $10,488.25 $95,826.87 $97,743.41
52 09/13/2012 $10,808.38 $288.55 $10,51983 $85,307.04 $87,013.18
53 10/13/2012 $10,808.38 $256.87 $10,551.51 $74,755.53 $76.250.64
54 11/13/2012 $10,808.38 $225.10 $10,583.28 $64,172.25 $65,455.70
55 12/13/2012 $10,808.38 $19323 $10,615.15 $53,557.10 $54.628.24
56 01/13/2013 $10,808.38 $161.27 $10,647.11 $42,909.99 $43,768.19
57 02/13/2013 $10,808.38 $129.21 $10,679.17 $32,230.82 $32,875.44
58 03/13/2013 $10,808.38 $97.05 $10,711.33 $21,519.49 $21,949.88
59 04/13/2013 $10,808.38 $64.80 $10,743.58 $10,775.91 $10.991.43
60 05/1312013 110.808.38 $32.4 7 $10.775.91 $0.00 $0.00
Grand Totals $648,502.80 $56,021.40 $592,481.40
BY:
i, . ',if',!
APPROVED
Collier COU
'/
TITLE:
Tom Henning, Chairman
<~
& legal sumciency
~
AlTEST: ."
DWIGPfT !;J~ROCK, CLERK
. fuiv .;;'
~~tri'lT~t~(} to
11VAatw. 0111 ~ ·
/!.evU3noos
AMENDMENT TO EQUIPMENT LEASE/PURCHASE AGREEMENT
16F3
This Amendment to that certain Equipment Lease/Purchase Agreement (together with all Exhibits and this Amendment, the "Agreemenr) dated
as of May 13, 2008, between Philips Medical Capital, LLC (together with its successors and assigns, "Lessor"), and Collier County Board of
County Commissioners (together with its successors and assigns. "Lessee"), is incorporated in and is hereby made a part of the Agreement.
Lessor and Lessee hereby agree that capitalized terms used herein and not otherwise defined herein shall have the terms assigned to such
terms In the Agreement and that the following changes and additions are hereby made to the Agreement
1. The 151 sentence of Section 2.01 (a) of the Agreement is deleted and the following sentence is Inserted in lieu thereof:
Lessee is a municipal corporation and political Subdivision duly organized and existing under the constitute- and the laws of the State of
Florida.
2. Section 2.01 (h) of the Agreement is deleted and the following Section 2.01 (h) is inserted in lieu thereof:
Lessee has complied with Collier County Purchasing Policy.
3. The 2nd sentence of Section 4.01 is hereby deleted, and the following sentence is inserted in lieu thereof:
Any Renta! Payment not received on or before its due date shall bear interest in accordance with section 218.75, Florida Statutes, also
known as the "Florida Prompt Payment Act'".
4. The following sentence is added to section 4.03:
Equipment to be properly del1vered and accepted by Lessee prior to Agreement funding evidenced by a properly executed Acceptance
Certificate by Lessee.
5. The 3rd sentence of Section 6.01 is h~reby deleted, beginning with "Lessee irrevocably" and ending with "possession to Lessor'"
6. The 3rd sentence of Section 7.03 is hereby deleted. and the following sentence Is inserted in lieu thereof:
Lessee agrees to pay such amounlS with interest thereon In accordance with section 218.75, Florida Statutes. also known as the "Florida
Prompt Payment ACl".
1. The 1st sentence of Section 11.011s hereby deleted, and the following sentence is inserted in lieu thereof:
Lessor's interest in, to and under this Agreement and the Equipment may, with written consent of Lessee, which will not be unreasonably
withheld, be assigned and reassigned in whole or in part to one or more assignees by Lessor.
8. The 1 st sentence of Section 13.01 is hereby deleted. and the fallowing sentence is inserted In lieu thereof:
AU notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed
by certified mail, postage prepaid. to the parties at the addresses on the front of this agreement (or at such other address as either party
hereto shall designate in writing to the other for notices to such party), to any assignee at its address as it appears 'on the registration
books maintained by Lessee.
9. The following section 13.02 is added to the lease:
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties. the parties shall
make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Lessor with
full decislon.making authority and by Lessee's staff person who would make the presentation of any settlement reached durIng
negotiations to Lessee for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of before an agreed-upon Circuit Court Mediator certified by the Stale of Florid.. The madiallon shall be attended by
representatives of Lessor with full decision-making authority and by Lessee's staff person who would make the presentation of any
settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder,
the other party may obtain a court order requiring mediation under sectlon 44.102, Fla.Stat.
Any suit or action brought by either part to this Agreement against the other party relating to or arising out of this Agreeme-nt mUst be
brought in the apptOprlate federal or state courts In Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
Except as specifically set forth in this Amendment, all terms and conditions contained in the Agreement remain in full force and effect and are
hereby ratified and confirmed.
LESSEE:
loners
BY: X
BY: Tom Henning, Chairman
PRINTED NAME AND TITLE
Kansas Citv MO 64108
ADDRESS: 2705 S. Horseshoe Drive
Naples. FL 34104
ADDRESS: 2600 Grand Blvd.. Suite 380
DATE:
'DATE: m
ATTEST: ... . . ..a:j
DWIGHT (BROCK, CLERK
/.3, vlM%
!tm
& lega.l8uttioiettor
/j
(.
M!!!li
ounty Attorney
ATTACHMENT 2 TO STATE AND LOCAL GOVERNMENT LEASE PURCHASE AGREEMENT
EQUIPMENT DESCRIPTION
Quantltv
35
Description
Philips HeartStart Monitors
with all attachments and/or
accessories
Serial Number
16F~
_.J
16F3
ACCEPTANCE CERTIFICATE
Philips Medical Capital, LLC
2600 Grand Avenue, Suite 380
Kansas City, MO 64108
Ladies and Gentlemen:
Re: Equipment Lease Purchase Agreement dated as of April 15, 2008, between Philips Medical
Capital, LLC, as Lessor, and Collier County Board of County Commissioners, as Lessee.
In accordance with the Equipment Lease Purchase Agreement (the "Agreement"), the undersigned Lessee
hereby certifies and represents to, and agrees with Lessor as follows:
(1) All of the Equipment (as such term is defined in the Agreement) has been delivered, installed and
accepted on the date hereof.
(2) Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and
appropriate and hereby acknowledges that it accepts the Equipment for all purposes.
(3)
Agreement.
Lessee is currently maintaining the insurance coverage required by Section 7.02 of the
(4) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an
Event of Default (as defined in the Agreement) exists at the date hereof.
Date:
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
LESSEE
By
Title:
[SEAL]
R~y 031200g
l6;
.,.
;)
ACCEPTANCE CERTIFICATE
Philips Medical Capital, LLC
2600 Grand Avennc, Suite 380
Kansas City, MO 64108
Ladies and Gentlemen:
Re: Equipment Lease Purchase Agreement dated as of May 13, 2008, between Philips Medical
Capital, LLC, as Lessor, and Collier County Board of County Commissioners, as Lessee.
In accordance with the Equipment Lease Purchase Agreement (the "Agreementtl), the undersigned Lessee
hereby certifies and represents to, and agrees with Lessor as follows:
(1) All of the Equipment (as such term is defined in the Agreement) has been delivered, installed and
accepted on the date hereof.
(2) Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and
appropriate and hereby acknowledges that it accepts the Equipment for all pw-poses.
(3)
Agreement,
Lessee is currently maintaining the insurance coverage required by Section 7.02 of the
(4) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an
Event of Dcfan!1 (as defined in the Agreement) exists at the date hereof.
Date JJl(j f ~ ) 00 l( .
COLLIER COUNTY BOARD OF COUNTY
COM!\llS~IONE ~
LESSEE
.
~~le: '1'nm rt:: '
[SEAL]
_~2:;~v
Assistant ('~tl A~~/Q" I, -.
./
I
ATTEST: . '
DWIGHT t BROCK, ~lERI<
c.
Rcv0312.(l{)&
16F3
-
MUNICIPAL CERTIFICATE
Equipment Lease Purchase Agreement (the "Agreement"), dated, April 15, 2008, between Philips Medical Capital, LLC as
Lessor, and, Collier County Board of County Commissioners, as Lessee.
I, the undersJgned, the duly appointed, qualified and acting ~t-C 1(( (Clerk or Secretary) of the above~captioned Lessee do
hereby certify this i~.:'tray of n1 A Y' _ ,2008, as follows:
. f ~W
(1) Lcsseedid, at a~_~~rspecial) meeting of the governing body of the Lessee held on J.1~.. J L'2. >~
by motion duly made, seconded and carried, in ~ce with all requirements of law, approve and authorize the exec~ of the
above-referenced (the "Agreement") on tts behalf by the following named representative ortne Lessee, to wit:
.. TOrY\He.-r-.T'\ i ~
Printed Name of
(Person Executing the Lease)
Re'
Clta; r rY'l& '\
Title
Signature of
(person Executing the Lease)
"*This signature line is to be signed by person authorized by the governing body to execute the documents 011 behalf of the Municipality.
(2)
forth above.
The above~named representative of the Lessee held at the time of such authorization and holds at the present time the office set
(3) The meeting of the governing body of the Lessee at which the (the "Agreement") was approved and authorized to be executed
was duly called, regularly convened and attended throughout by the requisite majority of the members thereof or by other appropriate offiCial
approval and that the action approving the (the "Agreement") and authorizing the execution thereof has not been altered or rescinded.
(4) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of
Default (as sllch term is defined in the abovcwreferem:ed Equipment Lease Purchase Agreement) exists at the date hereof.
(5)
the Lessee.
All insurance required III accordance with the above-referenced Equipment Lease Purchase Agreement is currently maintained by
(6) Lessee has, in accordance with the requirements of law, ful1y budgeted and appropriated sufficient funds for the current budget
year to make the Rental Payments scheduled to come due during the Original Term and to meet its other obligations for the Original Term (as such
terms are defined in the abovcwreferenced Equipment Lease Purchase Agreement) and such funds have not been expended for other pUl'poses_
(7) The fiscal year of Lessee is from 0(1 hhe r- I_to SepteN\her 30
IN WITNESS WHEREOF, I hereunto set my hand and the seal of the governing body of the LC~scd t.~~.d~y.~n'd Year}iI'S! above wrltten.
./
~tiS~~t4*~('
NamS191'allll'l!~ lll'. BrocK'
Title, Clerk d rOIl~t.~
. .,"'c
,....,
(SEAL)
Subscribed to and sworn before me this _ day of
..._.200..
Notary Public
My commission expires ____".
Rev OS/2005
& legal ~
TAX DESIGNATIONS AND COVENANTS
16
1""3
,10-
J
1. The covenants and designations hereinafter set forth are intended to be, and hereby are, incorporated into
the Equipment Lease Purchase Agreement, dated April 15. 2008 (the "Agreement"). between Philips Medical
Capital, LLC ("Lessor") and Collier County ("Lessee"). and except as otherwise defined herein, all terms defined 111
the Agreement shall have the same meaning herein as in the Agreement. The Commencement Date of the
Agreement is Of will be in the calendar year 2008 (the "Issuance Year").
2. Bank Qualif/catian.
[Lessee initial here if this provision is applicable: --.J "./_
[Lessee initial here if this provision is NOT applicableW
(a) Lessee hereby designates the Agreement as a "qualified tax-exempt obligation" as defined in Section
265(b)(3)(B) of the Code. The aggregate face amount of all tax-exempt obligations (excluding private activity
bonds other than qualified 501(c)(3) bonds) Issued or to be issued by Lessee and all subordinate entities thereof
during the Issuance Year is not reasonably expected to exceed $] 0,000.000.
(b) Lessee hereby covenants that Lessee and all subordinate entities thereof will not issue in excess of
$10.000,000 of tax-exempt obligations (including the Agreement but excluding private activity bonds other than
qualified 501(c)(3) bonds) during the Issuance Year without first ohtaining an opinion of nationally recognized
counsel in the area of tax-exempt municipal obligations acceptable to Lessor that the designation of the Agreement
as a "qualified tax-exempt obligation" will not be adversely affected.
3. Small Issue Arbitrage Rebate Exception.
[Lessee initial here if this provision is applicable: --.J -rL/
{Lessee initial here ,f th is provision is NOT applicable: f.-P
(a) Lessee represents and wanants that it is a governmental unit under the laws of the State with general taxing
powers; the Agreement is not a private activity bond as defined in Section 141 of the Code; 95% or more of the net
proceeds of the Agreement will be used for local governmental activities of Lessee; and the aggregate face amount
of all tax-exempt obligations (other than private activity bonds) issued by the Lessee and all subordinate entities
thereof during the Issuance Year is not reasonably expected to exceed $5,000,000.
(b) Lessee hereby covenants that Lessee and all subordinate entities thereof will not issue in excess of
$5,000,000 of tax-exempt bonds (including the Agreement but excluding private activity bonds) during the Issuance
Year without first obtaining an opinion of nationally recognized counsel in the area of tax-exempt municipal
obligations acceptable to Lessor that the excludability of the interest on the Agreement from gross income for
federal tax purposes will not be adversely affected.
Dated:
J1J(j
~ j ;) (ji)0'
,
Collier County Board
LESSEE
~'
.. .. . ..' . C.
Til~. '. :.~~~;; ~ur~s
App'
[SEALJ".... "'-0'
AT;'tEST:
By:
Title:
CERTIFICATE OF CLERK OR SECRET A
I, the undersigned, do hereby certify that (i) the foregoing Tax Designations and Covenants were adopted
and approved by action of the governing body of Lessee at a meeting duly called, regularly convened and attended
throughout by the requisite majority of the members thereof, (ii) the officer of Lessee who executed the foregoing
Tax Designation and Covenants on behalf of Lessee and whose genuine signature appears thereon is the duly
qualified and acting officer of Lessee as stated beneath his or her signature, and (iii) said officer has been authorized
to execute the foregoing Tax Designations and Covenants on behalf of Lessee.
Dated:
DWIGHT E. BROCK, CLERK OF COURTS
Title:
Rev 03!~OO~
16F3
Foem 8038-G
Information Return for Tax-Exempt Governmental Obligations
). Under Internal Revenue Code Section 149(e)
)> See separate Instructions.
Caution: If the issue price is under $100,000, Use Form 8038-GC
OMB No. 1545-0720
Reporting Authority
If Amended Return, check here >0
2 Issuer's employer identification number"
59.6000568
Room/Suite 4 Report number
3 2008-
1 Issuer's Name
Collier County
3 Number and street (or P.D. box if mail is not delivered to street address)
2705 S. Horseshe Drive
5 City, town, or post office, state and ZIP code
Naples, FL 34104
7 Name of Issue
Equipment Lease Purchase Agreement
9 Name and lille of officer or legal representative whom the IRS may call for more information
I ~at. or iSsue
10 Teiephone number of ofOcer or legal representative
Type of Issue (check applicable box{es) and enter the issue price) See instructions and attach schedule
11
12
13
14
15
16
17
18
$592,481.40
11 0 Education ............,...".......,
12 ./ Health and hospital......... ......................
13 0 Transportation .........."....... .,.............,.... ...............,...........
14 0 Public safety................... ............................. ..,..................
15 0 EnVironment (including sewage bonds) ............... ..................,
16 0 Housing.............,..... ................ ................,......
17 0 Utilities..... ..,............, ................
18 Other. Describe. ..........
19
20
If obligations are TANs Of RANs, check box @ 0 If obligations are BANs, check box ..,. ................... @ 0
If obligations are in the form of a lease or installment sale, check box ................................"..................."......."....@ ./
Description of Obligations (Complete for the entire issue for which this form is being filed)
I (c) Staled redemption (d) Weighted
I price at maturity avera.ge maturity
21
2.6168
(el Yield
3.61%
(a) Final Maturily date
(b) Issue price
03/11/2013 $592,481.40 $592,481.40
}';'" ,"". Uses of Proceeds of Bond Issue (including undelWriters' discount)
22 Proceeds used for accrued interest. ..00..........................
23. Issue price of entire issue (enter amount from line 21, column (b)).......
24 Proceeds used for bond issuance costs (including underwriters' discount).. 24
25 Proceeds used for credit enhancemenL.......... .........................,.........,.. . 25
26 Proceeds allocated to reasonably required reserve or replacement fund ".. 26
27 Proceeds used to currently refund prior issues. 27
28 Proceeds used to advance refund prior issues.. 28
29 Total (add lines 24 through 28)........"............................. .................... ....................
30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here).......................
Description of Refunded Bonds (Complete this part only for refunding bonds)
31 Enter the remaining weigllted average maturity of the bonds to be currently refunded. ..............................................}>
32 Enter the remaining weighted average maturity of the bonds to be advance refunded ....,.... .. ................ ..............,.}>
33 Enter the last date on which the refunded bonds will be called.................. .........,..."............. ...............}>
34 Enter the date(s) the refunded bonds were issued}> ......................................................... .................... ...............
Miscellaneous
Nla
Nla
Nla
Nla
Nla
Nla
Nla
Nla
Nla
I>J/a
Nla
Nla
years
years
35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5). ..............."...................,..........
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed Investment contract (see instructions)
b Enter the final maturity date of the guaranteed invesbnent contract >
37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units
b If this issue is a loan made from the proceeds of another tax-exempt issue, check box )0 0 and enter the name of
the issuer> and the date of the issue };>
38 If the Issuer has designated the issue under sectIon 265(b)(3)(B)(i)(1I1) (small issuer exception), check box..... ..............".. .......}> 0
39 If the issuer has elected to pay a penalty in lieu of arbitrage rebale. check box... ..................... ..};> 0
40 If the Issuer has identified a hedge, check box............................ ......................... ..................................".......,....... .......:> 0
Under penalties hat I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they
are true, corre
Nla
Nla
Nla
Nla
Sign
Here
)>
.
'rom Hpnning.
e or riot name and title
rhMirmMn
Si nature 0 is er's authoriz re ~ntative
For PapelWork Reduction ~!;t: see;pa~~ 2 ~f the I
DWIGHT E. BaaCK, CLERK
o(
Cat. No. 637738
A~:~
- ,
AaaistaDt r. ty Attorney
Form 8038~G (Rev. 11-00)
16F3
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP lOSE I DATE (MMiOQIYYYY)
COLLI -2 04/22/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Insurance and Risk Management ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
8950 Fontana Del Sol 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 INSURER A Princeton Excess & SuXI:,~:-:s 10786
-,'-----
INSURERB L"~""Hk"""",c"" Insunn""
Collier County Government ~~~-, wsa
Risk Management Department ~~-_._-
3301 Tamiami Trail East, #D INSURER[} Liberty Mutual Insurance 23043
Naples FL 34112 -=c.__
INSURERE Columbia Casualty Company 31127
COVERAGES
THEPOLlCIESOFINSURANCElISTEOBELOWHAVEBEENISSUEOTOTHELNSUREDNAMED ABOVE FOR THE POLICY PERIOD INDICATED. NoTWTHSTANDING
MYREaUIRE"'ENT,TERMORCoNOITIONOFANYCONTRACTORoTKERDOCUMENTIMTH RESPECT TO \NI-IICH THIS CERTIFICATE II.AY SE ISSUEDOR
IMYPERTAIN,THEINSURANCEAFFORDWSYTHEPoUC,ESDESCR16EOHEREINtSSU6JECTTOALLTrlETERMS,FXClUS10NSANDC:JNDI'loNSOFSlICH
POLICIES. AGGREGATE L1MIT$SHQlMJIMYHAIfE BEEN RWUCWBY PAID CLAIMS
1---- --- ---- ---
INSR OO'l POLICYEFFECTI\lt: POLICY EXPIRATION
ern "'~ TYPE of INSuRANCE POllCYNIJMBER OATlOIMMiPPIYY) DATEIMMiDDIYY) LIMITS
~ERALLIABtLlTY EACH OCCURRENCE , 1,000,000
64A3EXOOOOO1503 10/01/07 10/01/08 ~AMAGE TO RENTED
A X X COMMERCIAL GENERAlllASILlTY ~I!~~~~_s..~' =ren",) , Included
i I CLAIMS MADE i~OCCUR M':D EXP (Anyone person) , 1,000
~
1- SIR,,'OO,ooOoCCOAA""ce PERSONALSADV\NJURY , Included
--- - ---. --
U SIR $100,000 "E~ n:.f<SCN ~'""^"C"""" _0-,_~_q.Q!... 000_____ ,..
------
i ~~GGREGATEFi'PllESPER' Il, PKODuCTS _ C_O:~PiOP AGG - , 1,000,000
'PRO_
X POLICY I JECT LOC
I AUTOMOBILElIA61LITY COMEINEO SINGLE LIMIT
, 1,000,000
A I =3:"'"'' 64A3EXOOOOO1503 10/01/07 10/01/08 (E,",cidenrl
ALL~'{\oNDAUTOS I --~_._'~-'- ----~-~--
! BJDllYINJuRY ,
tpcrperson)
--1 "",,,em "m, , SIR,,200,OOOOC~~C1!
X HIRED AUTOS I SIR< \100,OUO ron ."~.C" B~DILY INJURY
(peraccidonl) ,
-"- NON_OV,N':DAUTOS
I -...--
- -- -- PROPERTYOAMAG( ,
(Po'ao;ident)
GARAGE LIABiliTY AUTO ONlY. FA ACCIDENT ,
=i"""" OTHER THAN EAACC ,
AlfTOONlY 'c, ,
EXC~SSIUMBRELLALIABllITY f.'''''''''''"'''"'~ , 1,000,000
A UOCCLJR DClA<MSMAD~ 64A3FFOOOOOll02 10/01/07 10/01/08 AGGREGATE , 1,000,000
I Excess_ ,
=1:"""''' --
General ,
, ~~.- . -~. .-- -'.'-
RgTENTION , Liability ,
WORK.ERS COMPENSATlON AND X I T~ ~~~~~. ! IOTH-
"
EIIIFLOYERS'lIABILITY 64A3EXOOOOO1503 10/01/07 10/01/08
A ANY PROPRIETORlPARTNER!~X~CUTIVE ~.L. EACH ACCIDENT , 600000
OI'FICERlMEMSEREXClUOED? SIR $350,000 E.L.DISEASE EAEMPLOYEE , 600000
Ily,s,ile>cribe"nd.'
SPECJAl PROVISIONS below E.L, DIS~ASE POLICY LIMIT , 600000
OTHER
B **Property LHD356921 04/01/08 04/01/09 Primary $25,000,000
C **Property N08NA03542 04/01/08 04/01/09 AOP Reten $50,000
OESCRIPllONOFOPERATIONSILOCATIONSIVEHICL.ESIEXCLUSIONSAOOEOaYENOORSEMENTISPECIALPROV1SIONS
**Property shared with 5 compo incl Company D-#YS2L9L438946018, Company
E-#RMP2083561063 & Company F-#N08NA03540 from 04/01/08-04/01/09. Self Insd
Ret. incl within limis of liab; As allowed by Florida Statute 768.28. The
certificate holder is listed as Loss Payee/Additional Insured as respects to
35 Heart Start Mani tors with all attachments and/or accessories.
CERTIFICATE HOLDER
CANCELLATION
PHILIPM
SHOULOANYOFTHEA60VEOESCRl6EOP<lLICIES6ECANCELLEOBEFO!<ETHEEXP[RATION
OATE THEREOF,THE ISSUING IN,URER WILL ENOEAVOR TO ".AIL
10
OAYSWRITTEN
NOTlCETOTllECERllFlCATEHoLOERNA,MEOTO Tl'ELEFT,6UTFArLUR~ TOOOSO SHALL
Philips Medical Capital, LLC
2600 Grand Boulevard, Ste 380
Kansas City MO 64108
IMPOSENOOBLlGATlONORLIABlllTYOfANYKINO UPON THE INSURER. ITS AGE NTSOR
REPRE$ENTAllVES.
ACORD 25 (2001108)
@ACORDCORPORATION 1988
,1011n
16F3
~
Issued Pursuant to Chapter 212, Florida Statutes
DR-14
R. 04/05
09/21/07
! Consum~_r's Certificate of Exemption
- - .. ."---' --' -.. --- . - .... - ----
OFf',"~TME"H
01 R[\!["JUI:
[ 85-8012621830C.2
----~-tertificafe Number
~L__~~/26/2_007 __-:J
Effective Dale
COUNTY GOVERNMENT
ExemptlQn Category
10/31/2012_~
Expiration Date
This certifies that
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
3301 TAMIAMI TRL E
NAPLES FL 34112-3969
is eXBmpt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible
personal property purchased or rented, or services purchased.
~
Important Information for Exempt Organizations
DR-14
R. 04/05
[)[P,'IHMLNr
or REVENUE
1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases.
See Rule 12A-1.038, Florida Administrative Code (FAG).
2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's
customary nonprofit activities.
3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be
reimbursed by the organization.
4. This exemption applies only to purchases your organization makes. The sale or lease to others by your
organization of tangible personal property, sleeping accommodations or other real property is taxable. Your
organization must register. and collect and remit sales and use lax on such taxable transactions. Note: Churches
are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, FAC).
5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no
circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for
payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree
felony. Any violation will necessitate the revocation of this certificate.
6. If you have questions regarding your exemption certificate, please contacl the Exemption Unit of Central
Registration aI850-487-4130. The mailing address is PO BOX 6480, Tailahassee. FL 32314-6480.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OIl COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
16F3
(Print on pink paper. Attach to original docllment. 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 lines #1 through #4, complete the
checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
I.
2.
o
~.
4.
.- ..
:,,,,, Ofco,mfy,,,mmiy,,,,,""t-
).
Sue Filson, Executive Manager
PRIMARY CONTACT INFORMATION
(The prim My contact is the holder of the origindl doculllcnt pending lH.'C apprO\'aJ t\ormally the primm}' contact is the person who crealed/plTpored the executive
summary. Primary contad informatiull is needed illll1e e\Tn! one of II Ie nddressees dbovc, including Sue I:ibm, Ili.:cd to contact slafffor additional or missing
information, AI! original doclImcnts needing tht: Bee Ch"innan's signa1ure arc (0 be: ddivercd (0 the Bee (JUiee 01lly after the 13CC has acted to <lpprove the
Itell1)
Name or Primary Statf Lyn Wood
Contact
Agenda Date Item was May J 3, 200S
Approved by the Bee
Type of Document
,-,\ttaohed
- -
Phone NWllhcr 252-2667
Agenda Item Number 16.F.3
'Ill Number of Original 2 sets
DocLlmcnls Attached
Lease Paymenl Schedule and IRS FOI
B03B-G
Initial the Yes column or mark "N/A" in the Not Applicable colulllll, vvhichcver is Yes N/A(Not
appropriate. (Initial) Applicable)
l. Original document has beell signed/initialed for legal sufficiency. (All documents to be Yes
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes sigll<lturc pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages frcln
contracts, agreements, etc. that have been fulty executed by all parties except the BeC
Chairman an~l Clerk to the Board and possibly State Officials,)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCe ChairmaJ,l and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofI3CC approval orthe Yes
document or the final negotiated contract date whichever is al~ylicable,
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes
signature and initials are required. -....--
5. In most cases (some contracts are an exception), the original document and this routing slip N/A
should be provided to Sue Filson in the BCC office withio 24 hours of Bee approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
'---- time frame or the BCC's actions are nultified, Be _a\~lre of:i9~~L<-:~.~l}lles!__
INSTRUCTIONS & CHECKLIST
I: F()fm~1 C\.llll1ty FOflllS/ nee 1'001llS! Origin:iI J)PCllllWllis Routing Slip
Vv'\VS Origin;!! 0.03.0l
16F3
MEMORANDUM
DATE:
July 29, 2008
TO:
Lyn Wood, Contract Specialist
Purchasing Department
FROM:
Teresa Polaski, Deputy Clerk
Minutes and Records Department
RE:
Lease Payment Schedule and IRS Form 8038-G
Enclosed please find one original, as referenced above (Agenda
Item#16F3) approved by the Board of County Commissioners on Tuesday,
May 13, 2008.
If you should have any questions, you may contact me at 252-8411.
Thank you,
Enclosures
16F3
EXHIBIT A TO EQUIPMENT LEASE PURCHASE AGREEMENT
PAYMENT SCHEDULE
Purchase
Date Payment Interest Principal Balance Price
Loan 06/30/2008 592,481.40
1 07/30/2008 10.981.10 2,103.31 8,877.79 583,603.61 595.275.68
2 08/30/2008 10,981.10 2,071.79 8,909.31 574,694.30 586.188.19
3 09/30/2008 10,981.10 2,040.16 8,940.94 565.753.36 577,068.43
4 10130/2008 10,981.10 2,008.42 8,972.68 556,780.68 567,916.29
5 11/30/2008 10,981.10 1.976.57 9,004.53 547,776.15 558,731.67
6 12130/2008 10,981.10 1,944.61 9,036.49 538,739.66 549,514.45
7 01130/2009 10,981.10 1,912.53 9,068.57 529,671.09 540.264.51
8 02/28/2009 10,981.10 1,880.33 9,100.77 520.570.32 530,981.73
9 03/30/2009 10,981.10 1,848.02 9,133.08 511,437.24 521.665.98
10 04/30/2009 10,981.10 1,815.60 9,165.50 502,271.74 512.317.17
11 05/30/2009 10,981.10 1,783.06 9,198.04 493,073.70 502,935.17
12 06/30/2009 10,981.10 1,750.41 9,230.69 483.843.01 493,519.87
13 07/30/2009 10,981.10 1,717.64 9,263.46 474,579.55 484.071.14
14 08130/2009 10,981.10 1,684.76 9,296.34 465.283.21 474.588.87
15 09/30/2009 10,981.10 1.651.76 9,329.34 455.953.87 465.072.95
16 10/30/2009 10,981.10 1,618.64 9,362.46 446.591.41 455,523.24
17 11/30/2009 10,981.10 1,585.40 9,395.70 437.195.71 445.939.62
18 12/30/2009 10,981.10 1,552.04 9,429.06 427,766.65 436,321.98
19 01/30/2010 10,981.10 1,518.57 9,462.53 418,304.12 426,670.20
20 02/28/2010 10,981.10 1,484.98 9,496.12 408,808.00 416,984.16
21 03/30/2010 10,981.10 1,451.27 9,529.83 399,278.17 407,263.73
22 04/30/201 0 10,981.10 1,417.44 9,563.66 389,714.51 397,508.80
23 05/30/2010 10,981.10 1.383.49 9,597.61 380,116.90 387,719.24
24 06/30/2010 10,981.10 1.349.41 9,631.69 370,485.21 377,894.91
25 07/30/2010 10,981.10 1,315.22 9,665.88 360,819.33 368,035.72
26 08/30/201 0 10,981.10 1,280.91 9,700.19 351.119.14 358.141.52
27 09/30/2010 10,981.10 1.246.4 7 9,734.63 341,384.51 348,212.20
28 10/30/2010 10.981.10 1,211.92 9,769.18 331,615.33 338,247.64
29 11/30/2010 10.981.10 1,177.23 9.803.87 321,811.46 328,247.69
30 12130/2010 10,981.10 1.142.43 9,838.67 311,972.79 318,212.25
31 01/30/2011 10.981.10 1.107.50 9.873.60 302,099.19 308,141.17
32 02/28/2011 10,981.10 1,072.45 9,908.65 292,190.54 298,034.35
33 03/30/2011 10,981.10 1,037.28 9,943.82 282,246.72 287,891.65
34 04/30/2011 10,981.10 1,001.98 9.979.12 272,267.60 277 ,712.95
35 05/30/2011 10,981.10 966.55 10,014.55 262.253.05 267,498.11
36 06/30/2011 10,981.10 931.00 10.050.10 252,202.95 257,247.01
37 07/30/2011 10,981.10 895.32 10,085.78 242,117.17 246,959.51
38 08/30/2011 10,981.10 859.52 10,121.58 231,995.59 236.635.50
39 09/30/2011 10,981.10 823.58 10,157.52 221,838.07 226,274.83
40 10/30/2011 10,981.10 787.53 10,193.57 211,644.50 215,877.39
41 11/30/2011 10,981.10 751.34 10,229.76 201,414.74 205,443.03
42 12/30/2011 10,981.10 715.02 10,266.08 191,148.66 194,971.63
43 01/30/2012 10,981.10 678.58 10,302.52 180,846.14 184,463.06
Date
44 02/29/2012
45 03/30/2012
46 04/30/2012
47 05/30/2012
48 06/30/2012
49 07/3012012
50 08/30/2012
51 09/30/2012
52 10/30/2012
53 11/30/2012
54 12/30/2012
55 01/30/2013
56 02/28/2013
57 03/30/2013
58 04/30/2013
59 05/30/2013
60 06/30/2013
Grand Totals
APPROVED
Payment
10,981.10
10,981.10
10,981.10
10,981.10
10,981.10
10,981.10
10,981.10
10,981.10
10,981.10
10,981.10
10,981.10
10,981.10
10,981.10
10,981.10
10,981.10
10,981.10
10,981.10
658,866.00
BY:
TITLE:
C'~\1'11 ,.-.VV1 n
Interest Principal
642.00 10,339.10
605.30 10,375.80
568.47 10,412.63
531.50 10,449.60
494.40 10,486.70
457.18 10,523.92
419.82 10,561.28
382.32 10,598.78
344.70 10,636.40
306.94 10,674.16
269.05 10,712.05
231.02 10,750.08
192.86 10,788.24
154.56 10,826.54
116.12 10,864.98
77.55 10,903.55
38.77 10,942.33
66,384,60 592,481.40
.
Date:
Jed':J L't, Zoo Ii'
Balance
170,507.04
160,131.24
149,718.61
139,269.01
128,782.31
118,258.39
107,697.11
97,098.33
86,461.93
75,787.77
65,075.72
54,325.64
43,537.40
32,710.86
21,845.88
10,942.33
0.00
Purchase
Price
173,917.18
163,333.86
152,712.98
142,054.39
131,357.96
120,623.56
109,851.05
99,040.30
88,191.17
77,303.53
66,377.23
55,412.15
44,408.15
33,365.08
22,282.80
11,161.18
0.00
.'
c
orm& legal sufficiency
16F3
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Reporting Authority
Information Return for Tax-Exempt Governmental Obligations
>- Under Internal Revenue Code Section 149(e)
;. See separate Instructions.
Caution: Iflhe issue price is under $100,000, Use Form 8038-GC
__-..-!!_~e.'!ded Return, check here ,0
2 Issuer's employer identification number
59-6000556
Room/Suite 4 Report number
3 2008-
16F3
r"m 8038-G
OMS No. 1545-0720
,,-
1 Issuer's Name
Collier County Board of County Commissioners
3 Number and street (or P_O. box if mail is not delivered to street address)
2705 S. Horseshe Drive
5 City, town, or post office. state and ZIP code
Naples, Fl. 34104
7 Name of Issue
Equipment lease Purchase Agreement
9 Name and tille of officer or legal representative whom 1M IRS may call for more Information
6 Date of issue
10 Telephone number of officer or legal representative
Type of Issue (check applicable box(es) and enter the issue price) See instructions and attach schedule
11 0 Education ...........................
12 ./ Health and hospital... .....................................,.
13 0 Transportation .... ............................ ...............................,.....
14 0 Public safety............., ,............... .........,...,.
15 0 Environment (including sewage bonds) .................
16 0 Housing .."..... ...................................
17 0 Utilities ...............,.... ..... ............. .............,.. ................
18 Other. Describe)o ................. ..... ............. ......................... ..................
19 If obligations are TANs or RANs, check box @ 0 If obligations are BANs, check box. .. ...................... @ D
20 If obligations are in the form of a lease or installment sale, check box .............................. ...........@ ,/
'11" Description of Obligations (Complete for the entire issue for which this form is being filed)
(c) Stated redemption I (d) Weighted
price at maturity average ma1urity
11
12
13
14
15
16
17
18
$592,481.40
(b) Issue plice
(e) Yield
06/30/2013 $592,481.40 $592,481.40
Uses of Proceeds of Bond Issue (inclUding undelWriters' discount)
22 Proceeds used for accrued interest........ ..........................,........ ............... ............ .....,...,.....
23. Issue price of entire issue (enter amount from line 21, column (b)}..,...,. ....................
24 Proceeds used for bond issuance costs (including underwriters' discount).. ... ~4_~__ ~
25 Proceeds used for credit enhancement..... . ....................................... ... 25
- ----
26 Proceeds allocated to reasonably required reserve or replacement fund . 26
21 Proceeds used to currently refund prior issues.... 27
28 Proceeds used to advance refund prior issues................. . ........ ....... .. ,. 28
29 Total (add lines 24 through 28). ...............,...,..... .....,.......... .....................................,.
30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here)... ,.............. ................
"'" Description of Refunded Bonds (Complete this part only for refunding bonds)
31 Enter the remaining weighted average maturity of the bonds to be currently refunded..... ................... .................)> Nfa
32 Enter the remaining weighted average maturity of the bonds to be advance refunded..... ................ ....... ~ Nla
33 Enter the last dale on which the refunded bonds will be called...................... .................. .......... >- Nla
34 Enter the date(s) the refunded bonds were issued>> ........ ........................... ................
Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141(b}(5}... ...................... ........................
3Ga Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions)
b Enter the final maturity date of the guaranteed investment contract }>
37 Pooled finandngs: a Proceeds of this issue that are to be used to make loans to other governmental units
b If this issue is a loan made from the proceeds of another tax-exempt issue, check box}> 0 and enter the name of
the issuer )- and the date of the issue ):>
38 If the issuer has designated the issue under section 265{b)(3)(B)(i)(IIl) (small issuer exception), check box......................... .................................> 0
39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box............................." . .............................. .............................> 0
40 If the issuer has identified a hedge, check box.... . ............. ................................ ...................... ........."...."...,,,,,...................} 0
LInder penalties of rjury, I dedar t I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they
are-ti~..:9.~r,r.ec d complete.
2.6168
4.26%
N/a
N/a
Nla
N/a
years
years
N/a
N/a
N/a
N/a
Sign .>"'~"~'
Hem- .
.:. .-'
e or fint name and tille
Date
Tom Henning, Chairman
A ~~~~~~ Reduction !'ct Notice, see page 2 of the Ins
DWt'GHT E..);)R K, C!;ERK<L-~
- Attest as
$l9/llltlWf
ctions.
Cat. No. 637735
^pp
Form 8038~G (Rev.
o form & legal sufficiency
11.00)
t.:l Ch~ I rui4/l 1
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16F3
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Philips Medical Capital
~^'=t_;-"'''''~i=,''''-Oi<''''=~'==''''''''',"~~_..._'_.J0''''''''',_.""",.",,,=,"",,,,,,,,,,,"",,,,,,,,,,,,,=,-.~~^,,,,,=,,,,~,,,,,,,,_o<,""'~~,,,.,,,,,"c::."~'.;""_='C'=c'''''''"=I"'-""""';'''''''''''-''''''''--,"''='''''-""'''''""~,<<""",,,,,,,,,,,,,=__,,,,",=,,,=~_<,,-,,,,,,<,,,,,,,"""""""""""
1841 Spur Lane, Palm Harbor, FL 34685
Phone (813) 390-4957. Fax (727) 214-9143
ken. eIliott(ii)p hi I ips .com
ww-"U)hi I ipsmcd i ca I capi tal.com
March 4, 2008
Les WiHiams
Collier County EMS
2705 Horseshoe Drive S
Naples, FL 34104-6122
Dear Mr. Williams:
Phillips Medicai Capital ("Lessor") is picased to submit the following proposal, for discussion pUlposes
only, based 011 our present understanding of the financing requirements of the Lessee named below C'Lessee") for
the acquisition of the below described equipment ("Equipment"). Any changes to these terms, conditions and
assumptions may alter the proposed financing. Notwithstanding anything to the contrary, including, without limit,
acceptance by Lessee, this Letter is an indication of interest regarding a possible financing transaction on the
general tenTIS and conditions outlined herein and should not be construed as a commitment to finance.
LESSEE:
Collier County, Florida
LESSOR:
Phillips ~v1cdical Capital
EQUIPMENT:
Various New Philips Medical Equipment, as agreed to by Lessor and Lessee
FINANCING TYPE:
Tax-Exempt Municipal Lease-Purchase
AMOUNT FINANCED:
$592,481 AO (The exact amount will be determined by Lessor prior to closing)
LEASE TERM:
5 Years
INTEREST RATE:
3_74%
PAYMENT FREQUENCY;
Monthly.
PAYMENT AMOUNT:
60 @ $10,808.38
16F3
FINANCING RATE INDEX: The financing rate wiII be good for 30 days from the date of this letter.
Thereafter the rate wiII be indexed to the Bond Market Association Index ("BMA Swap Ask Yield") .The
rate and resulting payments will be set by Lessor 7 days prior to closing of each financing, to the then
current 5-year BMA Swap Ask Yield plus 125 basis points. The BMA 3-Year Swap Ask Yield as of (date) is
2.43%.
OTHER FEES: Lessee is responsible for any other costs and fces associated with this financing_ Lessor
contemplates adding no fees to the transaction.
CALL PROVISIONS: The Lessee will have the option to prepay its obligations in whole, but not in part, on any
payment date. In the event the Borrower elects to prepay, in addition to the principal amount, a premium on the
outstanding principal balance will be due as follows: 2% of the then outstanding principal balance.
CLOSING DATE:
To Be Detennincd.
NET FINANCING:
Maintenance, insurance and taxes will be the responsibility of the
Lessee.
TAX-EXEMPT
OBLIGATION:
This proposal is based on the Lessee's obligation under the underlying finance
agreement qualifying as a tax-exempt obligation as described in Section 103 of the
Internal Revenue Code of 1986, as amended_ Lessce shall be required to use the
Equipment in a maImer, and do those things required, so that the interest portions
of the loan payments shall not become subject to Federal income taxation.
TITLE/SECURITY:
Title to be held in the name of the Lessee, with Lessor retaining a first priority,
perfected security interest in the Equipment
BASIS OF PROPOSAL:
This proposal is: (a) subject to review and approval by Lessor's credit committee;
(b) delivered to Lessee on the condition that its terms be kept confidential and not
shown to, or discussed with, any third party (other than on a confidential and need-
to-know basis with Lessee's directors, officers, counsel and other advisors, or as
required by law) without Lessor's express written approval; and (c) governed and
construed in accordance with the internal laws of the Commonwealth of
Pennsylvania. Lessee and Lessor agree to: (a) the exclusive jurisdiction of the
state and federal courts located in Philadelphia County, Pennsylvania with respect
to any dispute arising out of or relating to this proposal and (b) waive any right to
trial by jury that either of them may have arising out of or relating to this proposal.
Either Lessor or Lessee may terminate discussions at any time in its sole discretion. If made, an approval by
Lessor would be in a separate writing and would bc subject to legal and business due diligence and credit
review, with results satisfactory to Lessor, in its sole discretion. Lessee acknowledges that the terms of the
financing (if approved) may change before the parties execute final documentation. No financing terms will
be binding on either party until Lessee and Lessor sign definitive documcntation. This Leller is not a
statement of aU terms and conditions of the financing, which terms and conditions would be contained fully
in final docnmentation and would supercede the terms of this Letter. This Letter is intended for the use of
the Lessee only, and no other party may rely upon or dcrive any legal rights from this Letter.
2
16F3
This Letter is valid for 90 days from the date hereof and thereafter shall automatically be deemed to be null
and void.
By signing below, Lessee hereby authorizes the release of any credit or financial information to Lessor and its
agents and assigns.
The temlS and conditions of this Letter are hereby agreed to and accepted this
200S_
day of
COLLIER COUNTY, FLORIDA
By:
Title:
36-249125289
3
DOClunentation Instructions
16F3
The instructions listed below should be followed when completing the enclosed documentation. Documentation completed
improperly will delay funding, If you have any questions regarding the instructions or the documentation~ please calf us.
I. EQUIPMENT LEASE PURCHASE AGREEMENT (FLORIDA)
EXCEPT AS NOTED, ALL SIGNA TURES MUST BE BY THE PERSON OR PERSONS AUTHORIZED IN LESSEE'S
RESOLUTION
1. Description of Equipment
. Type in complete equipment description
. Type the location where the equipment will be located after delivery/installation.
2. Terms and Conditions
. Sign and type name and title
Another individual must attest the signature
3, Certificate of Clerk or Secretary
. Date, sign and type in name and title
4. Opinion of Counsel
Lessee's legal counsel must sigll, date a.nd type in their neme, the name of the finn, a.ddress and
telephone number.
5. Exhibit A - Payment Schedule
Sign and type 1f('lni8 and title
6, Tax Designation and Covenants
. Initial the appropria-te blanks on Iten1 #2 and Item #3
;$ Date, sign and t'y'pe in narne and title
. Another individual must attest the signature
Clerk or seuelar)1 mllst date, sign and type in title
7. Acceptance Certificate
Dale, sign and type narne and title
Ii. 8038 -IRS Form
. ,In Box 2, type ernplo)ler identj(ication r;lJrnber -
.. Sign and fype name and title
iiL CERTIFICATE OF INSURANCE
.. Attach a written certificate (binderi of proof of insurance with
Philips Medica! Capital, LLC YJJQLQLI(~AssigD:i as "loss payee" and "additional insur ed"
.. This ccrUficate MUST be an original certificate
IV, ADDITIONAL DOCUMENTATION THAT MUST BE SENT TO PHILIPS MEDICAL CAPITAL, LlC:
Resolution of governing body appro\?ing the purchase of the equipment and the resolution ratifying the
financing. (Note: If the purchase resolution and financing were done in one resolution that is sufficient.)
.. Original 'tendor invoice (if applicable)
Copy of tftle/MSO listing Philips Medical Capital, LLC &/or Its Assigns as tst !lenholder (if appflcabfe)
. First payment check (if applicable)
All documentation should be returned to:
Philips Medical Capital, LLC
2600 Grand Boulevard, Suite 380
Kansas City, MO 64103
816-448-5555
Rc,-Cl:lI2COS
EQUIPMENT LEASE PURCHASE AGREEMENT
(FLORlDA)
DATED; MAY 13,2008
16F3
NAME AND ADDRESS OF LESSOR
Philips Medical Capital, LLC
NAME AND ADDRESS OF LESSEE
Collier County Board of County
Commissioners
2705 S. Horseshoe Drive
Naples, FL 34104
2600 Grand Boulevard) Suite 380
Kansas City, Missouri 64] 08
Qliantity
DESCRlPTION OF EQUIPMENT
Description Model #
Serial #
See Attachr;d Equipment Description
Location of Equipment:
2705 S. Horseshoe Drive
Naples, FL34104
Name and Address of Vendor:
Philips Medical Systems
2301 SIll A venue, Suite 200
Sea[tle, WA 98121
RENTAL PAYMENTS
RClll~1 !'~Yllltllll'cri(){], shall be lltOn\hly. Reltlal P~YlllCIlI> shall be made in occord;lIl\;c wilh SectiOI1 4.0J and the Schedule OrRelllal Payments allJcbed hereto as Exhibit A.
TERMS AND CONDITIONS
THE TERMS AND CONDITIONS Of THIS AGRE-EMENT SET FORTH ON PAGES TWO THROUGH
FIVE, INCLUDING ANY EXI-IlBITS ATTACHED HERETO, SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
IN WlTNESSG;EREOF' L~l~or and 1 essee have camed IhlS ^8.rc~m"nllo be """ouled m tl,ell (P111e~ by 1l,C'[ duly "UthOl1Z~d ,cp'esenlallVt:s 115 ()[ It'dal'' wnl1cn ~bove
Pj-lJLlP EI)]C C'\PJIAL'~L COLLlERCOVNl OARDOFCO
(LESS R) ----;7 (LESSEr)
&+
By -;:::::---f'>-n' By __
Illlc ?1C'::srt~:--lJ.L' r;l- _--L 11llc ===:T
l.. (SEAL)
ASSISTANT COUNTY ATTORNEY OF LE
_e
l,,"scNIIIl111er:
>,.1-1
',,"
I, lhe undersIgned, do helt'by CCltlfy lh~tlhe officer of Lessee who exeCUled the foregomg Agre~mcnt on behalf ofLe$,ce alld whose genume ;:.ign<llUre appCJ1'S thereon, IS the duly qualified
andaClll1g:olTieerofLesseC:\SSfatedbene~thlllsor]lerslgllatllrellndhasbeelJ3uthon:zedl0eXcCuletheforegol~ofLe:ssee-~('-..
D,,,d (, - 5 ~ () '6 By t;; ~;-{d - .
-- Tllle R() rr ~ i'1S;S;i3tant CQ'lnty .71,ttorney
OPINION OF COUNSEL
As leg~l cOll1lsel ofLe~sce, I have e!'nillinl:d (<"l) llle Agreemcnt. which, among other Ihill~s provides far the snlc to and purch~se by the Lessee Mlhe Equipment. (l>) an execuled counterpart of
lh(! Qrdin"l1cc or rC~(llllli(lTl of Lessee which, llmol1g olller things, ntlthorizes Lessee 10 execuie the Agreement and (c) such olher opillions, documents and mutlers or law as I have deemcd
necessary ill connection with (he followin~ opillion~. n~s,'d Ull IIle foregoing, I nm orlhe following opinions: (I) Lessee is;i public body calpOfille and polilic, duly organi:zcdand existing lUldcr
IJle laws or lhe Stale, and h~s a subslnllli~1 21ll0Ullt ofolle or more ofllle followillg sovereign powers: (:I) the power 10 lax, (b) lhe pawer of eminent domnir>, and (c) pOlke power; (2) Ltssce has
(he rcquisilc power :l.lld alllhority to purcbasc tlle EC]uipmcllt ;:lIld to e,'ecllte ulld deliver the Agreemenl alld to perform its oblig~lions under t1<e. Agreement; (3) the Agreement al1d tbe oilier
dowmenls either allac.hed therelO or required therein have becll duly.1\I1horized, <lpplUved und exe~\llcd by llnd Oll belia[fl)fLes~ee, imd UIe AgreenwlIt is a valid unci blllding obligalionafLessce
enfon;euble in accordunce with its terms, execpt to the exlenllimifed by applicable bDnkrllpt~y, illsolvcncy, reorganization or other J;\WS affectiug credilor's rights generally; (4) the aulhorizillion,
npproyul and exceulion oftlic Agrecment ~ncl all otller proccedings of Lessee relating 10 [lIe tr.msuctions contemplaled lllereby have been perfarmed in accordance with aU opcn meeting laws,
public bidding laws and all olhcr nppliCJble slale llnd fede-rnJ laws; alld (5) tllere is no proceeding pending or tl1re~tcned in /lny court or before ;'IIlY govemmcntal aUlhority or arbitration board or
tribunal that. ifadvcrsely delcnnirwd, would adversely affect the transactions cOlltcmplated by the Agreement or the s.::curity interest of Lessor ar its assigns, as the case may be, in the Equipment
All capil:lIized ICl1llS llcrein sJ~111 have lhe sallle meullin~s as in lhe Agrcelllenl Lessor, its su<;cessol"S :and assigns, :md ;:Ioy COU1l5e1 rendering an opinion on the lax-cxell1ptstatus of the interest
conlponen!sofRclllUI P:aytncntsal-ecnlitkdto relyolitllisopillioll..
l'lillledNume;___RQb.ert. 7rnC'nnry
Addrcs.s: ~-'I'.ami9mi TY'3.il East
----Naples, FL 31'12
Doted;
/j1~~~ ~~~
Signature:
Telephone No. ____._._~_
Rc\'031200~
--~'-""--""-'-'--
16F3
ART1CLE.i
$ccrion 1.0J, D~t1!)itioJlS> The iollowing lenns will hwe tbe 1I,.~,li'ings i~dic;l(ed bcbw unless the con\cc;t clearly rcqui;'cs olherwise:
"Agrccmcnl" l1lCilllS ,his E(]\!ipmen~ Lease Purclw.sc Agn:clI1clll aild any 01];-1'.r sGilcd\lle, exhibit or cscr,JW ag:rc<omcn! lTlade :l pai1licl'cofby the priics hereto, tog1'.[1\1:r wi:l1 any 2m~:ldmenls
10 IheAgrccmcl1l.
"Code:" means lheln(cl1lul RcvCliueCodeof19S6,"-S nlllCllded.
"Commcnc(;mcrlt D~(c" is 1111'. dale wJ:C\\ 1111'. Icrlll oflhi, Agreement ~nd Lessee's obligaliol\ to pity rCill commence, which d~;e shull be the eadicr of CO the date OTl which the Eqwpmcnl is
ncccpled by Lessee illlhc milliner described ill Section 5.01, or Oi) tIle dilte on which sufficient moneys (01)llrcl1u~ the EqulpmcJ\I ure deposited by Lessor for that purpose witll all escrow agent
"Eq\l;plncr.!" m<:aDS Ihe pr0pcl'ly described Oil Ule frollt of tbis Agreement, and all rcplaCCIl1~1l1S, substi,IIl1CJ11S, repairs, Tenol1ltions, m'Odificatiolls, a,tachnlwlS, accessiol'.$, additions and
ill1jlrovcmentsl]lCrcoforlilcrclO,
"EvcntofDcf3l1U" means nn Event o(Dcraulldescrmed in Section ]2.0],
"IsS1li\llCe Y<'llf" lS theC<l!cndaryear ill wldch the CODlIl'lellCCmellt Date QCcurs.
"Le,lsc Term" mC,illS [l)e Original Termlll1tl all Rellew;)l TeI11JS, bl1tendillg on the OC,:urrence orlhe earlieste\'ent >lleciEkd in Seclion 3,02.
"Ll'ssce" mCHIlS the en:i(y described <IS SHeh all the frollt orrl,)s Agrccmcnt, its Stlcce.ssors and its assigns.
"Lcssol'" means the entity described as S\lch 011 the front of Ulis A:;rCC!11enl, ils SllCCCS.$ors ~nd ils ~ssigns.
"M:u:inmr::l Lensl' Term" nlCU1,S the Ori~illal TC11n ano all RCllc\vn] Tem)s [hr,)ugh the- i\e\l<?wnl Term including the last Renl;!] Paymcl\t date set fonh Oil tl1C Paymcnl Schedule.
"Net Proceeds" mC~lls llie :l1110\lllt remaining: from the gl''OS$ procccds of any inwr;ll1cc claim or condemnation award after deducting ail expenses (includin:,; attonlcys' fees) hcurred in tlte
eollec(ionofsucllcbimorawnrd.
"Origll1<\1 Term" means the period frollllhe ComllICIl{~em(:lit Dille uIltillk el\d ofllle fiscal year of Lessec in effect a( lhe Commcneemellt Dale.
"Pa)'mcllf Sehcllllle:" means l1H! schedule: of Rellull Paymenls and P\lrc1lase Price set forlh 011 E;>;hibit A,
"Purchase Price" means the r.1l10lHlt set forth on ,he Payment Schedule ~s the Pllrcll~se Price for tile Eqd[Jl11cnt.
"ReHew;\! T(:rl1l~" me;IIlS the QP\iolla] r~llew~llcnng of 1111$ /\grccmcnt, each krvillg:l dura,ion of one yc-ar alld a terlll co-extcnsive whb Lessee's fiscal yeM.
"Relll'll P,l)'lllcnt PerIod" means the jy.?-riod beginning on the day J Rental paymclll is due and ending the day bcJOi-e the next Renlal P;l.ymcJlt is duc, The tirst Rent,11 Payment Period shall
begill all the Comrncl1Cenlelll Date in all cases. If Rental Payment Periods are monthly. subsequcnt Rental PaYll1em redacts shall begin on the same day of e;'lch month after tbe
CommWecll1CIll D"IC. If RelHal Pajl11cm Periods arc qu,iJ'lcrly, subsequent Rentall'aJ'menr Periods .shall begin on the same day ofci!clJ lbird month after U1C Commcn::cmcm Date. If Rental
Paymellt Periods ore SCllli,mnUi\l, subscqueJl( lkt1t,i1 PaYlllem P~l-loj5 sl;JII begin on Ihe sanlt d~y of c;:ch si)\th mml!h after the Commencement Dale:. If Rental Payment rerIads are annual,
s\Jbsequ~1I1 Rental PaYlllell! Pcrilxls slull bcgin on the anniversary of the Commencement DJ!e in each }'e;:.r. If lhlO CJmml'Jlcerncn\ Date is the 29th. 30th, or 31st day of a month, any
',\.Ibsqu{~:lt 1\<:1)(;11 Pellllle!:[ Period !l1illll'Ould Olhclwise hegin on the 29ll1, 30[h or 31st of a 1l1()11i!1 thar <Iocs flO( include SUcll a date shall begin on tbe bst day of Ihe'momh,
"Renlili f':\ymcnt," 1\\;;allS [1;<.: h<>sie "(;llI,d pJYI"lel,[~ p:lj'<lblc tj' L'>;SI;~ Pl;,,;;;ant to Section 4,01
"Stale'. 1l1CilllS thc 51;I\e ill \.\'llich L<:sSl'e is ](lcaL~d.
"V~Ill!()r" lll~mlS the 11~:lIHlf:leTllr~l' of thc Eqllipl1lcllt as well ,1S tk ~!,;enf$ or dealer, o(tlll: 11lalllli:lc(lIrer ii'om \ "10m LCf;sor pmchased or is pUrch~si;lg the Gqllip!~w_nt, JS lis(~d on the fTont of
nlisAgrcenwl<(.
.<\tt:I!CLE [t
Sl'{;tlOll 2.QJ. R~prc>cnt:ltil)1l5 ,lnu Co\'cn:lllts of' Lessee. Lefsee reprc,ents, wurr~nls al:J covcnants for the bencfit o[LcS$or ns follows:
(a) Le~sec is il mllTlicip~1 corpol'-Jlioll and po!itic;,J ~llbdjvisioll duly or:;~lliz~d ~tH.I e,\is[ing llndcr (]ltO CGl1stltllticn ;llld laws of tile St~lc. Lessce will do or C~\1se to be do;;e all things 1O
IJrc_\cITc ~lid keep i;l t'u!1 Ic.rce ;llJd c!Tcct it; e;-;i$teilse os a 1)\ldy C'~'lpmMe ilmlll(,litle. L~S$ec is ~ PQli\ic~J subdivision or the s(:,\(~ within ,he me~lling of Section 103(<1) of Ille Code or;l
constituted authority ~lI\hoi'izcd to issue obligations on behi\lfof<x $llite orlooal govcn\melllnl nilit wilhil) the meaning of the regulatiom pronm:gnted pursuant tosi\id Scctlon of the Code.
(b) Lessee is ,illtilodz('d lmder the col1slfturioll and 1,11'/5 orche St~fe to elller il:lo:his ^$P01:1l1cnt oed the tl';JIlSilctioll cOlltempl,lted herd)y il11.j 10 pcrfor1l1l\11 of its obJi~:ltion$ hCre1t:lder,
(e) Le;w;; has beell tIlIly al1(!lorizcd to C;(eCllt~ "'lid delil.'er \l)is ,\gree'llcnt by pn.lpcr action ~nd appi"oval of its gnvcmilt:.; body at a meeting duly cal!ed, rC[;1I!3.r1)' eOlwen:::d and a\tended
IhJ'OushQ\~l by a rcqlJisitc lllil)OI'i[y of1llc mcmbcrs thc1'eofN by oliter appropriate ollieinl ;\J1pnw;~!.
Cd) 1"llis t\:;reenlcnl eOMtitntes t]le kg:!!, vnlid nnd biu(]lllg obliga[ioll or tile Lessc0 ellrorce~blc i:1 ~CCOrd,IJleC with its [c~rms, neepl [0 tile extent limitcd by <lpplicJbJc bankruptcy,
ill:;ol\'cncy. l-e'JI),<lI1i2-a\i0J) ol'other!aws at'i'eclillg el'editors'rig!its gellel'a]ly.
(c;) No ewm QI' condi,ioll (h,lt conslitules, or with the giving of\lo,ice or tlie l~pse oftillle IJi bath would COl1S:itlllC, nil Event ol"Dcfm_dl exists <Jt tllc Commellcemcllt D~tc.
(I) Lessce ha:s, ill ilceordnuce with the rcquircmclH:} of law, ftllly bll(!';:'0ted and ~1)plOpl'ia!ed s,lrrIcient funds for the etlrr~nt fiscal year to make t!le Rcntal P.nyments sclledulcJ to come du~
dlll'illg the Originil] Term and to Jileet its o[her oblignllo!ls for the Ori:;illal Tenn, illld suc1l fmlds have not bCCll expended for (AllCf pnrposes.
(g) Lessee wIil do or C~l\Se to be dOlle nil things lleeCSSarj to plcserYC 'Ind kecp i]l full fOlce nnd effect its cxist:::::\ce as a body corporate and politic.
(h) Lessee has cOlllplied wil]l SlIch public bidding requiremenls ~s may be opplic~ble to Ihis A(:rcemelll ;md 1l1'~ acqllisiti',J\l by Lessee ofll1:~ Equipment hereunder.
(i) There is llO action, suit, ]/mccedin(S, inquiry or iilvc~;tlgJ[ion, ;I[ low or ill cqllity, before or by an)' CO\lr1', ]lllblie l)oOld Of bOlly, pending or threatcll"d agaillst or ~dJ:cctillg the lessee, )lor to
the best knowledgc of' the Lessee is theie ~IlY b~sis Ihcl'cfc)r. whcl'2iJ~ "11 \In'~vori:b!e dv;ision, ruling or finding ',v'Julrl LWlr~,ill:y ~(~versely <lffCCl the !1"aT\s"ct;(J:~s cOll!cmpl"lcd by tllis
Agre~TIlent or ~ny (,lher dO(,.lllll(;!l1, <!gl~0.m(;llt or ccrtiITotc II'llich is lIs~d or con~empbled for tlse in the COll:;Wllill;tion (If [he IrJl1SJctiollS cQllte'mpl;tled by this !'3reCn~el)t or matcrially
adverscly affccl tl\e fil\a;<ci~t cOlllli(lol1 or properties of Lessee,
(j) AI) ;1l1l11oriZ;lti0\1~. tOIlSCillS :\11\1 (LPP1"o'!~is 01' !;<)vtI11111'Oiltal bod:cs or ,,<;c:leics rC'1"iled in COl1l1CCtiOll Wit:l I1le e.',ceutiOll ;\rc1 delivcry by th,~ Lessec or this Agrt:elllcnt or in connection
with the eilrrying ollthy (lie Lcsse"ol'i(s ob]jg<lliollsllcle\lIIdel-lwveLeel1ollt,tiwod.
(k) The cl~tcl-iI1g into .1\ld perrorn~'l1'ee oftbis Agreement or ~ny ()t1lcr UOC!llH;lll or agreement contemplated here1;y to which tlie Ltssce is or is to be a party \ViII not violal(o ;Lny judgment,
ordr:r, \;lw or J'cg,ul;ui0lJ 'dl)plicable \0 Ihe Lessee Of re;;td[ ill <lny tJrc;lch of, OrcOI1,litutc" dcf;lIIlt '.mder, or re5l11l ill the creotion ofulIY lien, charge, sccui"ity interest ofolllcr cnellmbral\ce on
any ;lsscl:; of the Lessee O( the E'l\lipIllClll JlurS\I~I\( \0 any imlclltnre. mort~ilge, deed of tnlst, b:lIlk loan or credil agreement or otlier instrument to which the Lessee is 11 party or by which it or
its J$se:s 1l1~Y be \)Ollllc!, <;X\:<;pl as herein provided.
{I) The Equipmcnt Jescribed ill Ilris t'\greemelli is e$$l'lltblto 111.;' 1'~l1eliOI] of the I~e,see OliO ~he service L.essee provides 10 its citi:t.cns. The Lessee h~s an Immediale need for, and expects
1.0 make Illlmediate 1I~;C 01: slll)~tJl1li:lIly all the GC)\li,)Ill(;lIt, which I\ccd is I\Ot IcmjJ('!';\I'Y or c>;pcctcd to diminIsh ill (ile l"oreseei\blc futmc. Till; Equip1l1ent will be \Iscd by Lessee only for the
])U11JOSC ofperroi"l)ling Qlle or Plon; ofLess<'-e's gO\lcrnj)]CI\~itl or pi'OpdClnl'Y IllllCliollS consistent with tlie pennissitJle scope or Lessee's au~hority and \vin not be used inlhc trade or business of
;\l1yolhcl'cntit)'orpcrsoll_
(Ill) Lessee wJll eompi)' with all ;lppliC:lule provisions of(]IC CQC.lc. il\cl\\dillg wilhout lil1lil~tion Scctions 103 ;jl1d ]43 thneol~ and the Jpp]ieab]e rcg\l!;jtiollS of the TreaS(lry Dep3rtnlCnt t'O
1l1::lint::1in the cxdtlsiml Ofll\e interl'st CO\1~pOncllIS of Rental Payments from gmss incol\:c ror p11i",)O$tS of federal income tax-alion.
(n) Lessce !i~s ncvel' (;tiled to allpropriatc or otherwise make a\i<\ii~ble rllll(]s Sllfficiel"lt \0 pay relll;'i] or o\llcr payments co ~ling due under allY 1C,lS<:: pllrcli~se, ills\allmCllt sale or olller
sil11ibr~grccll1C1l1.
Section 2.02. Cel'liilcnflon;ls 10 AI'i.lllr:lgo. L<.:ss(:~ hert\)y l'el)lc:;<:]]I.> us ro1l0\V'i:
(il)T\1e es[;nl.lt<:d Iollll costs ,,(tfle ~qll;pll,ent will not be less tblllhe tot;\] principii! porlimloflhc ~et1(;'i1 PnyI11Cl)IS,
(b) Tile EquipnlCnl hilS bcen ordered 01' is (';"peeted 10 b~ DI'derer] within sii, llll)nths or the C0l11111el\eemenl Dale, and tlie Equipmellt is !;):pccled to be delivered and insw1Jed, and the V<:lldor
fully p~id, wi\birl Olle year ortile COllllllclIeelllent Dale.
((;) lessee li,]$ IH)( creiHcd or eSl:I\lIi.hed, and docs n(l( expec\ \0 ('('calc or cs[~b]isl1, ~I\Y sinking- fund or other Sil11il"r fUllJ (i) thal is reasonabiy c;:pocted to be used to pay lilc Renla]
PaY:llen\s, VI" (iD lhnlll,a)' be used solely to plel'Cllt ,\ def?ulr ill lhe paynO::\lt of the I\en!;d Pui'menls.
Cd) Tile nquipmcllt has not been and is nol expeclcd 10 be :;old 01' oilll'rwise di$[Jo>ed orb)' Le~;cce, either in Wl101c or in mnjor pari, prior to ,tle bst malurity o[the Rentll! Paymenls.
(<:)1'0 ihe beo( ot'ollrf:llowled;;e, intormalion nl1d b0lier, tile above e::-:pcc(~ti')Ils arc rcasonob]e.
ARTlCL8111
Section 3.G!. Lea$e of Eq:llplllC'llt. Les~or 11creby demises, lenscs Jlld ]els (lIC Equipn;c;nt 10 Lessce, nild Lessee rcnts, Ieascs ~nd hirc-s the Eq;:ipmcl1t from lessor, ia <lccord~nce with the
provisiollS ofllli.'i Agrecmelll. for the Le:tse TCnl\. The Origi:l."\1 Te,m oftllis Agrl'ell1l'lItshaII commence Oll the COl1lmenCemellt D~le ~lld shall lerjninote Oil Hie last dny of Lessee's current fiscal
yO;'ir. The Leose Term nny be continued ut the end of (he Origin::l Term or Jny Relle\\'<ll TCllll for an ~ddi60Iln] RCIlewi11 Term \lp to the Maxim\llll Lc~se Tcrm; provided, however, that;1l the eud
of Ihe Ori.gi:lal Term and allhe <:nd of each ]{enewlll Tern) tl1\tllll1O M~."jIll\l11l Lease Tenll h~s \)CCi"\ completed. Lessee shall be deemed to h;!\le cOlllirrllcd this Agreement for the next Renewal
Term unless Les~ec s11all ha'.'e tel'j)1iu:\lcd this Agreemellt pmsllant (0 Section 3.04 or Section 10.01. Tllc tenllS Ol1d conditions dwing all)' Rene'llal Term shall \)e nle same as the lemlS ~l\d
COllditiollS dtlling [he-Origin<ll Tem1, e;<;cept (hn! the Relltal P;:tjlJ1enlS sll:\1I be ns 1!r0'rldcd in the Pn)-'IllCntSclled\I1e.
Section 3.n. Tcnnillati(il\ 01' L<:a.w Term. The. Lease Tcrm shalllel'lllin:lt~ UlllJll Ihe e,:trtiestDfallY oflhe roilow:llg evcnts:
(n) the <?~pil-alion orlhc Ori;.:inal rel111 or [;I\Y RClleWat Term 311d lhc j\;)iU'enc\V~1 of tllis AgrCCIl~el1t in dIe: event ofl1ol1apprvpri~tioll of funds pursmnt to SeetiO!l 3.0"1;
(b) the e,",erd,c \)y I.essee of(Ii;:o OP\i01l to purchase. (h~ &j\lipm::nt uder ,Artie!:: X and P~YI;,~nl orthe Pllrcbse Priec ond ~11 amO\!li1S j:ayable in eonll<oct!OI\ l!:ere\vlth;
(c) a (kf~l:h by Lcs,cr: ~ld Le>;scr's ;:o!cr:tiOIl ~o lCllnim;e tllis f\~rc~m~l1t w:dcr Aliic!c XIf; or
r.<:vC}f2COS
-._----"_._.-._--......--.,.~~._._.._.__.-
(d) ,h, p'y",",m by Lmoo ,r ,II Ro,",' '")""'''" """,,"i,d 0' ,,""i,d 10 be pid by L,,,co "",""d" '";i,,, tl~ Mo",;m"", L"" Term" 16 F 3
SCC.tiOll3.03. CO:llinu,lliol1 or LC;)$r1 Term. Lc"~cc CI~lT<'-ll1ly intends, 3llbj~cl10 Section 3,04, to continue (!ie- Lease Teml through lClC Origin;;] Term alld dJ oftk: Rene-'I!al TeriT!S 2.nd to pay
the Rel\In.1 Paymellt,; 1!ct'cUild~r, Lessee rcasonntry 0e!ic\'c5 lh"llc:;ally ~v:1i1;'!.t1c n!i1,ls ill an 3il,Jll;il Slil'(icicr;t to m~kc ~11 Relll;!! "bymcnts ciming the Oliginal Term and eacJ~ of tile Rel1elya]
Tcnns c~n be oUllilled. The responsible lin~llc;"J officer crlc$s-::c sb\1J do ~1I th;~l~S lalvfully wit1iin his or !tcrpowcr 10 obtain and mai~ll~in funds from which [he Relltal Payments Il':aY be nmdc,
including l11.1king provision for such Rcn\nJ Pay;<)cIIL;c 10 tlie exltlll n:cccssary ill c~ch prolJQsed ~11ll\1~1 b\dg::l subr,11tted for ~ppTO\'o.l in aeCOrct311ce with ~pp1icable procedllles of Lessee and to
c"hcwsl Ji1 availobk rcvfc:ws ;\i1d :<pP~<1:s in (lw C\'Cllt Sl:C), pOi"tion oJtlw bldgct is Il:it approved. Notw;thstanding [he forcgoing, th~ decisioll whethr or notlO budget or ap]Foprintc funds or to
ei;.lclld this Agfctmel\t lor ,my R<':Il~\V~1 Tenn is solely \dlJlill t]lC discrction oCthe: thcn cu"Cl1l govcllling body ofLcssec.
Section 3.04. NOI1;tpjll'opri:ttion, Lessee is o\;ligo.~ed only to jJ3y stich RCttL11 PJym:,:nts \Imkr ibis Agrcen~c))t zs mOlY b\.';f\.!lIy be made from funds budgcted and "PPrDpria,ed for that purpose
d:Jr1l1g Lcs.sl.':~'s then cUlTcnl ri5-:nl y:H. 1:\ tl~c event sufficient fUI)ds sholl nol be appiD)lrlntcd or ~rc tlot otherwise !cgully waibGlc (0 pay l11e Rental Paymcl\ts requird to be paid in ~l:: next
occlIrring Renewa!Teml. as sel forth in tlte Paymetll Schedule, [his Agrecl1lcll( sliall be dccl1~cd 10 be le,mina(ed althc end of (he [hcll nnent Origigal Termor Renewa] Term. Lessce agrees to
deliverwrillen notice 10 Lessor ofs\lch lumillatioll !it lcast 90 days pilof 10 Il,!.': cnd of (he \he.l CUn'!;]lt Orig51iJ.I Tcrm cr Renn;':J.1 TeD)l, but faiJu,c to gi..,c slIcb lloticc sl-wll not extend the Lease
Term beyol\d StlCll Ori2ill~1 TNI1l or Rel,ewal Tenn. If Ihis Agree1~lel1t is tC'-l1lin:J.(cd in accordance with this Scction. Lessee agrees, lit Lessee's cost ,llJd ex.pe:ns~, to peaceably deliver the
Equipmcnt to LcSSOTn( the locatio)) or locali::JIIs speciiled by Lessor. Upon rcl\ll11 of the Eqllipmel1t to Lessor, Lessor Wil11lSC its best effort, 10 lease or sell tb~t Equipment upon such terms.,$
Lessor, ill i,s rCJsonablcj\:u6Il1CIJt, decms prudcn!. Lcssor will apply lhe net proceeds of (h;1t sale or !case in the follo\vlng manner: (i) first. to reillJbtirse Lessor for all costs associated with the
("ki:)g, removing, holding, repaIring: alld leasing or selling of 1I13t Eql\rpment; (ii) S;;COllrl, to pay to Lessor all 2\llOunt equal LO (he ?urcbase Pric:c for that Equipm:tlt at t1le tim<:: ofule termination
oftlli, /\greemclIl; (iii) third, 10 pay 10 Lcssor lhe ~mOHl1t l1eCC5s,lry to s~lisfy Lessee's rclll~illit1g obiignlions l11lder this Agicement; <'llld (iv) fourth, to remit :l1lY amounts thereafter remaiuing to
Lessce. No deficiency will be ;;llkwcd ~g(linst Lcs~ee,
ARTICI.R IV
Sec.:ion 4.01. Rent]]! l'''ymell!s. Lcs~ce sltnll p:ly Renlal P;lymcnls, e;\c]usivc!y li'om legally avail~ble funds, in l;lWflll JllOliey of the United Slai~s of America to Lessor 011 Ille d,1!cs and in
the amounts set renll on tIle PaYIl1(;nl S~hedu1c. Any Renl:ll Payment' not received DII or belore its due dale shnll bear illterest at the rate or] S% per [l1\11UnJ or the maximo.:rn amoul,t permitted by
law. whichever is less, rrol11 its due datc. AS sct fOI-th olltllc Payment SdlCduk, n pOl1iollofeach Renl:1i p,lymeul is )lJid as, alld repi'{;sell(S p;;lymcntof, intercst
Scelioll 4,02. Hentnl l'iI)'nlCl1tS ro COII$ti(u(c :1 Currenl E:xpen.\c or Le!;s~e. "(Ile obliil~:iml of Lessee to p~y j~cmal Poymcnls hcreunder shall constitll{C a Cum....nt C;-;I}ClIse of Lessee, ~nd do
nOI constitutC'. a 1l1<.\lJd:l\Ory [l<l)'1l1ent obligiitio:l 01- Lcsscc ill ~IlY fisc~l ycnr bGyonu lhc ll1~1l C1I:Tcni fiscal >'c~r of Lessee. Lc~sct:'s objig~tioll hereunder shall not ill 3llY way be construed to be a
debt of Lessee ill COlllr~vclI(iol1 or JIIY Jpplie~blc COgstit\ltlO!li\1 or st:tlulory rjl\lil~lion N rcc,uirelncnt cOl\cerning tllC creation of il1dcble,h)8ss by Lessee. !lor t>hall anything cOllwined llel'cill
crmslii\lre a pled~e Oflhc gel1Cml credit, lox revenues, fllnds or moneys 0f LeSSN:. r~es,ce ~LJ\d Lcs,or \lIldCrsi.?l1d that thc 11SC of 111C nd valorem tnxing power of Lessee (0 make Rental PoymeDls
CJ11110tbecOlllpeiled.
SCCtflHl 4,03. Itc1l1~1 Payments To Be UncvndIlicnaL EXCEPT AS !'IWVIDEW fN SECTlON 3,Q4, THE ()lJ.LlGATIOi\'S OF LESSEE TO MAKE; ltEN1'AL PA YiVlENT$ AND
TO i'ERFORM AND OBSE.RVIt: TH8 OTHER COVENANTS Ai,')) AGH.El':;:\'lENTS CONTAJNED tlERElN SHALL BE A)}SOLVTE Al'\D 1Ii\CONDlT10NAL IN ALL EVENTS
WITHOUT AIlATE,i'IPH, l)]{\'ilNUTlOi\', DEDUCTION, SET.OFF on DF;FEi\SIT, FOR ANY REASON, INCUJDtNG WITHOUT LIMITATION ANY FAILURE OF THE
EQUlPIIIENT TO BE DEUV[REO OR lNSTA_LUW, ANY DEFteTS, i\TALFUNCTlOr-\S, DREAKDO\Vi\'8 OR 11\'FmTVllTmS IN TIlE EQtJlPi\'lENT OR ANY ACClDENY,
CONDEi'di\'ATrOi"\' 01<' Ui'\'r<OltE:SE[i\' ClltCUiVlSTANCES,
ARILQdtY
Seelio)l 5.01. Ddil'cry, II\sL;\Ilalivl1 alld Accepl;lll(:c uft!H:: E(]lIip[)J~,lt LGS$ce sh"lI {lL"dn IlIc Equipment, clluse the Equipm~ntlo be ddivtrcd and installed at the location specified (Jll tlle
f!'Om of this Agree:ncl\1' and Pit)' nny JJI<.l ;111 lklivcry :llld jnsIJII::\lion CiblS ill u->lmCC(rQll Ihercwith. Wl1C,l t!I(O EqUipment I:J;; k<':J1 dc1ivCT'~d and il~~t:llkd. Less1;,; shaH il1l,n;dii\(dy .lcccpt (lie
Gql,ipllltlll Jlld evidcliCC $"ill accq;,twclO by e:\cc\llill~ and dcliv(;I'ing to Lc.;o;or ,\\1 ,ICCCpt:1llCC cnti!katc :lcC{:p:~b1c to Lessor. 1\ller it Ius b,~ell lllo;l<l!lcd, 1I)<; Eqlllprr,en( Wi!lllOt be moved frOIll
the location specified 011 :hl: fI'Olll of\I1i.) A!!,TC(::l\I::nt Wilhol:[ LC$$QI'S COI1.><::llt. wllicll consell\ sl1;d! not bc lIllr~~sonJ\;ly IYill11leld.
SeetiQll 5.02, Enjn)'l11CHt of Cq\lipTll~III. Lr;ssce sh"11 p~al;eably :1Ixl '1ui,,',I)' 11:I\'e and hold ~1d el~oy \bc Eljldpm::nt <lming (hc Lcw'e TGlnl, without suil, troublc or hinJranee fh-:HTI Lessor,
~^c~pt ns othcrwi:;c exprc:;sly set r01111 in lhis AgI'CClllCIH.
S"ctiOll 5,03. Hight 01" Il'~ptctioll_ Lessor .~Iwll 11:1\Ie the lig]lt al all reaso!i;lb1c rilncs Juring rC:;lItl[ l>\I~jiless houls to C:ltcr into and upon the property ofLcss~c ror the pltrpOSC ofiusptetil1g
lhe Eq~ipmeJ\t.
Section 5,04. l!~e and 1',-J;';Jllcl\:\llcC or tll': Equ:pmtlll. Lessee will not inSIJll, use. o~cml" or lI1ainuiu the Equlrmclll illlpropcrly, car'c1cssly, in violation Of~l:y applicable JaIY or i..11 a
ma1ll1tr eOlllrary to IhJl cQi\lcmplnled by this Agreemel:l. Lessee shall oGtail1 air permits ~lId liccIISc" if 2J1)', ncce,,;~a:)' for (lIe installation and operation of the EQuiplllCIil. III addition. Lessce
Sh;llJ comply in;1][ respects with ~11 :Jppijc~ble lAws, rC~\JbIJO:IS nnd ruliil~s of allY 1cgfslntl\"c, CJ.:cculive, adlllinistwlivc orjudici::1 bodYi pi-ovidcd that Lessee may contcst in good [ait]l the validity
or apptl(:aliol1 0[;)11)' stich law, re:;uktliUll or luling in uny re~solJ<lblc m<'nl1lcr thaI dn~.s 1101, ill the opiniol! ()fLcS50r, ac1vers~ly ulTcc~ the inlcrcst of Lessor in a1ld (0 tllC EqUipment Dr its intereSl Dr
ri~hts 1Il\dcl-ll1is A~rccmcllt'. LC$s~'c "glces llinl it will, ~\ r--essee's OIVII cost ~1I(1 C;';pCllSC, li\:lilll,lir:, I-H~,crve and kecp the E(juipmclll in good re;;air. IVorkillg ordcr"ml condilioll. ffregHested to
Ur),o by LCSSOI', Lessec will e1\lel" illt0 illllllinlcn;,n:::e COill,;lcL for (he Equipl1lCnlwilh VClld()J'. LESSOR SHALL !-lAVE NO RESPONSIBILITY TO SERVICE, !I'1A[l'-;I'i\[i\i, REPAIR OR
:"v1l\1(l3 Il\'1PROVEMENTS OR !\fJD1TIONS TO THE fQUll',"dEN'j I,ESS[E SHALL MAKe ALL CU\!MS FOR SERVICE OR :'vl.'\INTENANCE SOLELY TO TI-)E V!:;r'fDOR AND
SUCH CLAIMS \VILL NOT AI~FGCT LESSG.E'S OJUG,".TiON TO i-1A!(E ALL REQUrRE!J RSNTALr~WMENTS
A 1t]:,JCI..E VI
$cel[oll D.C'l. Ti(l<: to lhe EqllipIlWIl. DUling llie I.e~se lClln, tille 10 thc Eqllipl1;elil shall \'"C5t in Le:>~;ce, subject to the ri;;IJts or Lcssol' under this Ag'P~cmellt; provided (]wt lille sl1all
(hcl'caller ill1lr,edialcly ;md wilhout ;1111' Jc:lio11 by Lcss~c I'csl in Lessol', and Les--\cc ,h,1I1 jillll1cdi~tc]y slllTcndcr posscsolo:l oflhe Eqllipmel)110 Lessor 11])011 (a) any termln~tiO\J Q[tllis Agreement
other thiln lei"lnin,\tlo~\ pursuant to Scclion 10.01, or (I)) lile occlIrrCilce 0[;1Il Even( ofDdaul: It is Ihe imen( oflh~ p~rlies hereto \1l:lt any t(;lJ\sfer of li\k to Lessor pllrsu~1lI to this Section shall
occur aUlon1a\icillly without [he 11cccssit)' of any bill of~~~lc, ccnif'ie;'(c of lilk 01" i,Hhn ill~:nJlnC'lt e>fcOllVe)'ance. Lessee shJ!I, lIever\hdes:;, exccu!c al\d deliver ,lllY sueh illstrumen\s \1.$ Lessor
l~lJY request lO c\.idclle;, S\I(:11 ll';IIt.\fn, LC$$c<: jn(;v"c~b,y d~~ig,',Mes, l1i~kes, CQ,ls,i,\lk's JI)d ;ipf'l,int, Lessor Zt;:J i::; ,,:o:;ig;;;;:c "s Lessee's true nnd 1t.,.vf"l ;;:lOT1;Cy (.l11d ;,;gClll i::-fa[;\) ..vi~h pO'i-:cr,;1t
slich til11eoflcrT1lill~tion or limes Ihcreu!1er~:i LessN ill Irs sc1c ~l1d abS()!nle diSCr'eliOIl mil)' dcicml1ne, in LCS$I;e's or Lessor's 0T such assignee's name, to clHlorse lllc U~IllC ofLessce uponilllY bill
ofsalc, doeull\Cllt. illstntn1clll, invoice, n'cight bill, bill of lading 01' simihr docI1l1lenlrtbting to the EC]llip\11~nl ill ordcr to vest tille in Lcssor and transfer posscssion to Lessor,
Section 6.01. Perslltl:l! l'rQp~d,\', Lessor ;:Illd L~sscc agree Ilr:Jtlhe EQldpment is nnd will I!'lnain pcrsonJl propcrty, '[1\C Equipment will not be dcemed to be affixed te or a p?rt of the rcal
eSlate on wllicil il I\1ay be silllMed, 1I011\'ilflslunding that Ibe Eqtiipmell( 01' allY pan thereof m.\y jiG or IWl'caflcr bccol\1e ill ani JJ\~::l1er physically a[f[;.::ed or atlaelled to such real estate or any
b\lirdillg thcrcon. Upon (he request of Lessor, Le~see '.'.'i\!, at Lesset;;'s ci;pe,lse, furnish a \V;;li'_'er of "11)' intci'cst ill the Equiplllel\t from JllY parly havillg ;:11\ inlerest in al~y ouch real eslale or
bllildillg.
A1HHlf:VJI
SeCfion 7.01. Li~lIs, T::r;\"cs, Other G()vernm~l\tar Charges :md Uti!i1y Ch;ll'g"~. Lcs:see ~hnll keep IIle Eqllipn~CJlt flce ~Ild ck~r ofalllicl\s, chargcs and encumbrrtllces, e"cept those created
tll1der lhis AgfeelllC:lt. The panics. iO lhis Agrcelncllt contempbte tll,i( the Eq(tijl1Tlcll( will bc uscd for;) g(jVCTllI11~lllaJ or pmprict<\f)' purpose of Lessee and, therefore, tl1a( the equipment wiJJ be
exempt from ;)llla,~es nnd o(ller simHar Cilal'ges. jf the use, Fos~e:;siol1 or lIcquisitioll of tlic equi[Jmcnt is found to be subject to taxation in any form, Lessce will pay all taxcs Jnd governmenlal
ch~rgcs b\\'fI111)' assesscd orlcvied agJinSl or wilh rcspcct to lhe Eq\!ipll~elH. Lessec shnll pny all mility :wd other charges inCllned in thc \lSe and Il1JintclI~I)Ce ofllle Equipment. Lessee: shall pay
such ~axcs nul cbrgcs ,IS thc S:ll11~ bccome due; plOvidcd 1I1at, with re,pcctlo any such tac;es mid charges thai may lawfulry be p,dd in ins{al!mcll~.s Qver a ;Jei"iod ofycars, Lessee shaH be obligated
10 ~luyonjy $(1(:11 ir'stall;JlenIS lhat ;1CCIW:: during Il:e t...easc Term.
Section 7,02. IIlS1lrallc.~. At its OWIl cxpellse:, Le~.scc sbll :nainlaill (:I) casually illsmancc insl,rint',. the Eqdipn',ellt againslloss or damage by fire and all other risks covcred by tile standard
eXlended cov<=r;lge endorselnent thell in use i\ltl1~ Sialc and allY o,ller risk" reaSOl1;leJy Wll1lrcd by Lessor in an Jl110unt at least c(]u:\1 to illl' illcn applicabl~ Purch~sc Price ofth~ Equipment, (0)
liability insurancc II'Jl prolccl~ Lesso( !i'oIl1Iiabilily in all evcuts ill form ~l1d ~1l10unt ~;lri:;(;"\ctory to [_cs~or, and (c) wo~kcrs' c0111pemation cO\'erJge JS required by the l~ws orthe Stale; provided
lh;jl, wit[\ tCSSOI'S plio)" \Vrll(en COllsent, Lessee may self-in:;lire against the risks. d;oscribcd ill clauses (rt) "'1~d (0)_ All inSl:ranee procecds- from c:asualty losscs sh,dl be paYJoJe as hereinaftcr
provid~d. Lcssee: slinll funlish 10 Lessor ce,'lificatcs cvidcl1cillg SUdl coveroge !!1TOllghollt thc Lc'ase Te!ln. All s\leh OaSi:al1y 1!.lld liabililY insLLral'Ce ~lia!l \J~ wi:h 1\lsurers that are JcceptabJe to
Lcssor, shallll<lI1K~ lcssol' ;'.;; a loss payce alld <111 ;ldditional Insc)"cd, respectivdy, rtlld sl1Jll cont:1I11 ;I provision to (he cIT<!ct (ha( such in-sllr,ulcc sl1~llllol be cancelled or l'lodificd materially
.....ilkwt lirsl ;;ivlug wrlttell no,icc thereof to Lessor ~tle~st te,l J;'lYs ;1) advlnce of such cal\ccl~~(ion 01. 11l0dilic~tio[J. /.11 soell caSI1~Hy insUr~llce sbaH con1ai:; a pI"ovision making 2.1\Y losscs
p:Jy"ble to Lessee and Lessor. as tJlcir rC'5pcc:ive intereSts may apI/car.
Section 7.03, Advam.:c.t. :11 the event Lessee sili11l fail (0 cit];~r lIlaIntaln the iJlsttl'~lIce l'eql;;rcd by this Agreell1~)~t, p~y t]lC (;1xes or chargcs rcqu],ed to be paid vy it under Ihis Agreement or
keep tllC EquipJl1Cnl in good repJlr ;md IVorking Order, Le~sor nlay, utll SJI.1IJ be llndcr no objig~tiol) to, purchJse tile req\lrrcd policics ofir.s'-lraIICe ,\lId pay lh~ eo,t of the prel1-lI\IIlB tltereof, pOly
such lar;cs Jnd clmgcs and 111;11111..in illld rep~il' Ihc Equipment al;d jl~y tllC cos\ t]lCrcof. .'\11 JI1t0((11t$ so adv;\,lced by Lessor slJ;llllJeCO;l1e addi{i~)II~il rent for thc tliell cumnt Otiglnal Ternl or
Renewal Tenn. Lessee agrecs 10 pay SllCb W\O\ill(S with inte:-cO'tthcrc01l from tk CalC pa;d ;,t U;e r.:IC of 12% pcramwnl or the Il~aximun1 pcnr,itlcd by la',v, whlcliever is Jess,
Scction 7.04. Fil\:mci;\ll1lforll\:lliOi1. I.CSS(;C will anl1l1;JlIy prol'i;.:c Lessor \'.-i~h Ctli1'CH[ li:\~,Kia] s(a:emciI,s, budgcts, prtJ6fs of "i-Ipwprialion [or the ellsuing fiscd >e.1r J',;:t slich otllcr
fin~nci:J1 in I0ll111l tlOil relJ.tlll~ 10 ~he ~bililY or LC:5~ee 10 cC'ilil1ue ~!iis Al;rccn:en1 <:$ IllJy b,~ I\:quesled by LcssGr.
:1-cvO.i.'2nC3
-3-
16F3
Section 7.05. Release nll'1 !nt!emninc,,(ioll, To lh~ e;;IC;I, pc;r\niuca by 1;\\>/, L~5SCC sllaU iEdcnmiCy, FOleC( ad hold b~i111!CSS LC$sor from cod ag<lilIS! any ~!ld;l.1! liability, obligations,
losses, clafn3 :J.nd d:J.r11;1gcS wl:a!st\cvcr, i"<.\,g~rdlc-;;s of ,,,use (tiereaf, 3)l(j expen.'>;:, i!! COlli\Ccl!0n :li~,cwith (indnding, wi,haul Jimilo.lioll, coult:icl fe<:s llnd cxpcr.scs "-ild a~y fedetal income I.i:X and
interesl :llld penil](iC$ COll\,c~led therewith in:poscd 011 intc,csl rcce-ived) arising. od of or r:s lllc result of (J) tlJe enkring into this Agreernc;;l(, CD) the oWJlership of ,my it~m of Ihe Eql:ip;1];ol\l,
(c) [he rllJ.nClfac!uring, oru(';r1ng, <lcqui$i!ion, IlSe. cpcr:iliOil, condilion, l)(Lrch<l;;~, delivery, rcj~cLion, stcrage or relurn of a;ly hem of tbe Equipment, (d) ;1.IlY accident in co~r;cctioll with th~
operation, usc, condilioll, possession, slor:lge or rClt,111 of~I]Y ilell1 oflhe EquiplljCllt i"e~llllillg in dnll1~gc loprvj)cr',y Dr il;jury or dea!li to anypcrsollor (c) the breach ofilny CO'lCluntl1erein or any
mcteri;l) misrcprescnt:Hion eOl1tdlled herein. The indclnniilc,1lioll ari:;illg: IIndcr lllis par1lgruph silnl! C01llill\lC ill ful( fOf1::c and erfeelllOlwitllslanding the fu[1 paymen! ofull cblig,J.!io;lS \.mdc, th[S
Agreell1Clll or the len\\lnutio1\ oCtIle Lc~sc Term ror ;:ilY re,1SOIl.
ARTICLE"\'flJ
Section 8_01. Risk of LDSS. Lessee assumes, from and in-:::1uding the C01l1nltnCc111ent DJie, nil risk of loss of 01' damage to 111e Equipment from any c:>usc wh2.(SJevcer. No such loss of or
tblllJge to the Equipmenl 110r delCet lk-fein !lor lIni'i(n:;ss or obsolescencc thereof sll:l11 relievc Lessee of the obligation to make Rcn<al PaY1l1CnlS or (0 perlOm] 2ny other obligation u:lder this
l\greeii1elll.
Section 8_02_ Dam;lge, Dc,trnct,on ,Hlt! COIHJc.llln;tt,Oll. ff(a) ,he Equipmcnt or allY portion thereoiis destroyed, in IV]lO!e or in p2.rt, or IS damaged by (ire or other CJsu:clty, or (b) title to, or
the tempornry use of, HIe. cquipmCIJl or JIlY p~rt t!lercofor tl:e [Hterest of Lessee or lessor in the Eq\lipment or anypnrt tilcr<~ofshu!l be taken under lhc cxercise oftbe powerofemille1l1 domain by
any govemmentJ.1 body orby <IllY person, firm or corporal ion aCling under govenlll1'intal authority, Lessee and Lessor will cause I]l!~ Net Proceeds of ailY insurilllc(': claim or conde:ffiila(ion awurd
(0 bc <It>plicd to the: plump! rcpl~ce:l,leI11, repa~r, l'cstornlion, modHic;'ttion 01' improvement of1\1e Equipment, unkss Lessee sl1all huve o:.trciscd its option to purchase lhe Equipment pUTS\lnnllO
Section 10.0[. Any babnceofthe Net !'raceds remaining after,wcll \VOl'k hus been completcdshall be paid to Lessee.
Scctjott 8_03, II\5Umcic.llcy of Net PnKeC:ils. rrtLe Net Procec(ls i1rC inS\lrGcicnl to pay in f\llllhe cost of any n~pl1ir, reslor;llion, modification or improvement referred to in Section 8.01,
Lessee sJmll either (il) COlllPIc!c :;ue11 repl~ce1llel\l, repair, reslor~lIon, l11odiflel\tion or improvement :tlld puy any costs ,hereofill excess onlle a1110nr.t ofthe Net PrDceeds, or (b) pun:hase LesS010S
interesl ll\ llle Eqllipl11ent IJU'SlI<!IH 16 SCCriO!l 10.01. rile ~1110Ui\t of 11 Ie Ket Proceeds, if'lIlY, remainlng afler COlllpletlllg weh rcp~ir, rcsto.alio!\, n;odific~lion or improvement or aHer purch,lsIllg
the Equiplllentsllall be rel~ined by Lesscc. IfLcssec shall make nllY P~l'11Wllts pllEuant to this Secdo'.1. L'3:;;scG shnl1110t be entitled to any reimhl\TSemel\t t!lcretor from Lessor nor shnl1 Lessee be
clllit1cd to "lIydill1illulion oftl\enmollntsp;IYilble lInder Allicle IV.
AI\TICLlS IX
Section 9.01. Discl:\llner ot" W;]lTaJllles. LESSOR r\'lA.I(~S NO WAhRANTY OR RE]'RESEN1'A TlON, EXPRESS OR lMPUED, AS TO Tim VALUE~ DESIGN, CONDITION,
MERCHANTABlLITY OR F1TNESS FOR l'ARTICULAH use OR PURPOSE OF THE EQUIPMENT OR AGAINST INFRlNGE1\-1ENT, OR ANY OTI1ER WAB-ltANTY OR
REPRESENTATION WiTH RES1'ECT THERETO. IN 1':0 EVEi\'T SHALL LESSOR eE L1A13LE FOR ANY ACTUAL, 1i''\'CIDENTAL, rNDll\8CT, SPECIAL on,
CONSEQUENT!AL I)Ai\1ACE IN CONNfCTIOi\' wn'H OR MUSING OUT OF THIS AGRKEi\1ENT OR nIE: EXlSTENCE, F(]RNISHING, fllNCTlOi'lli'lG OR LESSEE'S
USE: OR i\'iAiNTEi\'".\,\iCE OF' ANY EQUii'i\"mr..'T OR SEttVICES !';<.OV,DCD FOn IN THiS AGREEMENT.
Seelio.\ 9.D2.Vcndor', \Y;).rr~ntlt&, Lessee I11ilY Ji;:tVIl rights lllltkr the c()n(r~ct evidencing tl:e purchase of die Eq\lipmcnt; Lessce is Jdyiscd to cOll(~wllhc Vendor lor il descriplion Ofill\Y
such rights. Lessor hereby Ds:;igns (0 Lcssce dUriil,'; (lie Le;\cc Ti:lil1 ~l! 'oV<lIT,1I1(ics 1III1IIillg fi'Ol:1 Vcndor to Lee.sor. Lessor hcreby ilTCV()cnbly Jpprlinrs Lessee its agent and ~tt0n~ey-il1-fuct dlu111g
lhe LCilse Terlll, so IOIl~ a:> Lcswc sli,~11 not bc ill d(;[,11I:l hrG(ln~lcr, to ,IsseI! fJoJEltlll1C 10 lim~ wh~lc\'cr tiai1l1s and rights (inctuding: wJlhoullillllla(ioll warrdlltics) relaled to the Equipment !li:tt
LC~"J:. il1~Y i~;,'.!~ ;~g::)lSl :[:c VG:ld()~-, Les:::e<:.'~ sale reilledy for the brc,!ch of ~ny such ''''JlTnnty, illdi;ll\nitjc(t(ion or fCprcsenlatiol\ "h~1I be <16u!lIst jhe VClldol-, and not ~g;timt Lessor, Any sueh
malter sllr.llnotlmv(': nlly cl'rb:l whatsoever 011111(; righis ~nd ()blig~tions 01' L~~s:)r wilh respect to this Agreemellt, inc;lt1dillg rh~ righllo n;ceivc l\\1I <llld timcly p~YI1W'lls hCICm\der. Lessee
cXIFessty nc%uowlc<lgc;> tll,lt L<:ssor ll1akes, alld lias m\dl" 110 rCFesclltiltioll.s or WallJlllies whJ\>oevcrJs to tlK: e.~iSl(:ncc ora\,,,i]abililY ofs\\ch \\'<lmllllies by Ul1i' Vcndor.
ABTI{;LILK
Section 10,01. l'tlr~h:\~c Optiml. Le~se.; sl1:1I11\(1ve tll~ opt:OIl 10 p;irclinse Le:;wl's intcrcst ;11 nll (bt not kss tllall all) of the Equipment, upon giving wr;ltellnotkc (0 Lessor;:tt lost 60 (bllt
lIot 11\')r(; than 130) days 0erOfe tbe dale ofpUld',a:;c, nt '_hc following tilllCo and lIpon the IOIl()wi,lg li:nm:
(:\) On ;]I1Y Re!\\ll! I'aymclll D,w', np0tl [lnY'\1~1ll ill ftlll ol'll\e Hell(;]!I)aynw,lll$ <lild ,liJ otller nl,1Q\:nts lllell due IIcre\lll\kl' p1\1.\ the thcll .'1pplicnlllc PurGlmse Price to U:ssor; or
(b) In lllC cvent cfslIbstiltltial d~l1lage lO or desrrtl<.:tlo\l or cOl:dcl1lL\a\ion orsubst<\~llin!iy all of tile Eqttip1l1cn!, on the day Les,lee spccifies 2.$ the purchase dale in Lessee's notice;o Lcssor of
its (':);crcisc or Ihe p\lrch<lsc op!ion, \lpon IMymCl]! in full of lhc Relllnl Payn;cnls and all othcr umO\lIlIS Ihen dl-le herC1.lI1der plus (i) the Pureh2se Price dcsigll~ted Oil th,~ Pily1l1CJ]( Sdl~dulc for
such plIreh$sC dute ifsllCh p\lrchnst: dille is n lkntnll',l)'llltl)t Dnle ot the l'lIrclla,',e Price for lile innndi,tlc1y prcc<::c:!illg [<,ellt:J1 Paym'~11! Dnte ifsl-lch purcJwse dnte is not 1\ Rental P~Yllle1)[ Date,
Dnd (ii) ifsllCl1 day is Jim it [(ental P~ym8l\l Dptc,,111 ::ln1ount equal W lhc ponioll oft!Je i11lcrcst component oUlle RenlDl Puymcnlscllcdil\cd to CO!M due on tile following Rcnwl Payment Datc
~Icerued Ii'om the iil1JllCdiD1c1y precediilg Ren(al Paynlcnt D,lIc to such pllrCIE\s('. date, COml)titcd 011 Ihe busis ora JuO-dny yeilr orl'.lFelve 30-t!")1 tIlcnths,
Upon rhe eKercise ofth:,: OpdDI1 lO pUl'chase set forth nbovc, title to the E'1uipmem sh:dl bc veslGc]n Le$see, free and ck:lrofallY ebim by or through Les_>or.
Sccti()Jl 10,OJ. D('~\'rll\inllli()n or F;\i!' l'urchasc Price. tes$('c ~nd Lcssor licf.:.,by agrce nm] delcrminc tlElI the RCnlJI Paymclt(s here,U\der during the Origillil] Tenl1 nlld each Rencwal Term
rcpresent llle lair \',111'0 of llie IIse 01' lh" Equipnlellt allJ ll1;]( Ihe ~n10\l]\1 rcq\lircclto exercise Lcsscc's oplion 10 purchase the EquIPi1lCt\t ;:>urSLl~lIl!O Section 10.01 rcprcse:1ts, as of the end of the
Or!gill~1 Term 01' allY Rcne',\':d Term, the f~ir ptlf(;!I:tse price oC(ile Equipmell1. l,.es,ce hereby delermines th~t (l1c Relltnl PaYIT'oellts do Hol exceed a (e11!;On~btc 2m:;l\mtso JS to pl'lcC Lessee UlIdcr
a praelicnl ecollomlc eOllliHilsioll to reneIV Ibis AgleemtLlt or to excrcisc its option lO plll'cli3~e the Equip11lcn! hClcunder. In nmkillg silch deterlllinnlions, Lessee ~nd Lessor havc g!l'ell
COllsiderJtioll to (~) lhe costs or ttle Eqlli[J111Cl11, (b) the \1.~cs i\:la purposes for which th~ Eql,ip1l1clll wia be employed by Lcssee, (c) the benefit to Lcnc~ by reason of tilc acquisition and
installation efnl!:: Eqllipl11cllt Jilt! Ih~ use ortbc Equiplllent llursu<lllt to the ICl'IllS amljlrevisioils 0flhis Agreement, and (d) Lcssec's option 10 purchase the Equipment,
,,\l(UCLi;:XI
S~.CtiOll 11.01, ,\~sigll!lll'nt by LCHOr. Lessor's inlel'esl Ill, to ~nd unrJ<.:r this ^gn~c\']cnt :t!)(] tlle Eq\\ipme11t may, without notice 10 or the consellt oC Les')ec, be assigned ~nd reassigned in
whole or in part 1O olle or morc assignees by Les$ot. Lessee hereby Jppoints Mlmieipitl Regi"llw Services (the "Registrar") as its ugel\t for llle purpose ofm~il\taillfng a written record of each
Slldl assigi\ment in foril1l1cccssary to comply with Scclioll1'-l9{;]) o[the Code. No stICh assigll<llCllt ,111\.11 be binding 011 Lessee ulIfiltlic Rcgistrarlws received written notice from Lcs$orofthc
l1ill11e i\nd address ortlle Jss!gnce, Lessee agrees (0 execute ,ill documellt$, incill<!ing chai;d !Iloi"lga~es or financing slatemcllts tlin! may be reasonably n:questd by Lcssor or all)' assignee to
protcct ils interest in t:\C Equipll1Clll alld ill Ihis Agreement. Lessce slul! <lOl k\',-c (lie right !0 alld sl1,lll1\OI uSSClt ilgui1~$1 any nssignee allY claim, counterelnim, defense, sel-off or alher right
Lc;'sce may fi-o]\1 time to tim.; Imve against Le~S(1r.
Settloll i 1.02. A$,igIH1ll'11t .\I\d Subk<\Si)l~ by Le~,('~, NOlie or Lessee's ri!;ht, tille ;llld illkr~SI ill, 10 i\l~d under this Agreem()nt alid ill th~, Equipn,el:t l1la;, be nssie,'l\ed or cJ)c1lm\Jcrcd by
Le:sscc for ,lilY reason, excepl tllnl Lessee: 111ay $\Ih1ens.; nil or pan of tile ;:;quipm~nt if Les,',ee obl;:ins tlie prk,r written consCllt of lcssor,md an opinion ofna(ion~lly recognized counsel il) t]le :!re::l
oJ'tax C;o;e!llp( IlIl1l1ic:ip,\! oblig~'ti()!lS satisr:1C\()IY lO VeSSOI" lhar $"\Icll ,';IIU!C,lSi'lg will not adverseV affecl the exc.l\lsioll of the intereSI componcI11s of the Rcnt;ll l';tyrncllts from gT(lSS income for
f(:deral incon'e lax pLll]l:lSCS AllY such ,,,please orelll or p:n1 ol't\!e Equipf11ent $"llall be subjecc to Ihis Agreement and the rrghls ofille Lessor in, to and 1I11der tllis Agreement :llld the Equlpmcllt
r\lnlr.lc[j:_XIJ
Seclioll12.01. Si'ell1s ofOd':\\11l' J)efined. Subject (0 theprov!siotls oi'Seclion 3.04, illlyoflhe following shall be "E\'cnls ofDefuult" nnder t11is Agreement:
(a) FaiJure by Lessee to pay :tny RentJII\J.YI11Clll or otl1Cr p:1Ytw~nt required to be paid hereunder;:lt tbe: linl0 specified herein;
(b) FniIure by Lessee: to obSi':rvc. and pcrtollll any ctlvenalll. condition or ,lgrecll%:lI( 011 it:;- jl~ln to be observed or perCon11ed, other [I\an;:s referi'cd to ill Section 12.01(u), for a period of30
ditys :tfter wri1lc1\ llMicc, specifyillg );uch f<:iltlre aild rcqueSliilg that it be remedied, is given to Lessec by Lessor, 11111css Lessor Shilll :lgrce in Wt11ing to un e;\tellsioll of such time prior 10 its
expiratiQn; provided, however, ift1:e f<liJurc: S!il\ed in the notice citnl10t oe ~or:-cclcd wililill lj,~ ~pp1ie,lble period, Lessor willnOI Hllre;]SOIl;1bly withhold its consent to an extension ofsueh time
ifcolTectivc ;1ction is il\sti(u!ed by Lessee within lhc <lppllCithlc pcriod nlld diJigen()y pursued lllHillhe defaull is corrcclCdj
(<;) Any stalem:nl, 1'('pl'esetltation or wal1anty m;\dc by l_c$~ee :11 Of pmS;I<ltll 10 this Agr!'emC'l1t or it~ execution. delivery or perlorll1ance shnll prD\'e to ha\'e been fillse, i~eorre,;l, misleuding
or breached in <lilY m:ttcri;:1 respectollllle date whe:l made;
(d) Any provision oftllis A~reell,(,'n[ shall at JIlY (im~ Cor ~IIY fei\SCI\ ce;\sc (0 be vnlid ~'\ld bj~ldillg Oil Lessee, or shall be dectitlcd to be null und void, or tile validily or enforcenbiIity thci'c-of
~hull be cOlltcsted b)' L~s,ec Ol'<tny govellll11cllt~1 "gelICY or ,~\lthori[y ir:he loss of such pl'ovbioi\ would matcrf:tJly itdverscly affect th~ righlS or secmity of Lessor. or Lessce shall deny thl'.t il
hilS u~lY further Hability or o\Jlig:l~ioll nnMr tl~i~ /lgre.;n~'_'nl;
(to) Lessee S11~1l (i) llf"Jllly fot or consenl to \he ~ppoillttl'ellt of a recciv~r, tr\lslcc, ctlstodiall or li~ uid<:llcr of Lessee, or of ~11 or a subs-IO-ntbl p<ll't of the assets of Lessee, (ii) be unable, f3il or
:~dl)iil ill wliting its imbiiily :;:em:r;lIty to jl:1y its debts as tlley b~eome due, (iii) mi:he :\ g;ellerJI assignmcllt for the benefit oCueditoE, (iv) huvc ~n order for relief entcred agail\st it under
Jpplicuble fcder,l] billlknlpt<;:y l~w, or (v) file it V01\1nl<lry Jlelilioll it! bJJ1kniplcy or" pctitioll 01' ~n nllswer seekiug reorg~llizalioll or un ~n";lrrgcmcllt mIll creditors or ("king advantage ofnn)'
,nsoh.ency lit\\' or,1ny itllS\\!er cdmilliilg tile l\1aterial ni!cgJ-ltOll> ofn petition tiled agarnst Lessee ill ;on)' bankruplcy. reorg~nizatiDn or insolvcncy proceeding; or
(f) All order,.i lldgrn:~_n~ or decree sl:all be entered by <lilY CCllr( of con~pete~ltjtlrisdIct;oH, ~j>pro'lillg " petilion or ap?Obtj~lg a receiver, !flI5tee, euslodian or liquidnlor of Lessee or of all or a
subSlenti~1 p~lt of Ihe eS5t:.l, of Lessee, in e::\c!\ C;'tsc wilhout its -a]l~licatiol\, ~pprov~1 or c0nsenr, 3nd sud\ ordct, judgl~-,enl or decr.;,e ;llall cO;llinue wlstuyed 2nd in c.ii'cct for any p,~riod of 30
COllsreUlivechys.
SccHon 12.02. Rcmcejil's on Dcraldt. Wh~ncver ~IlY ~vellt or DcI:1ult O:iSlC!, Lesso, shaH hal'e tl;~ rig;lI, ilt its so!e Op!iV:l without any itnher demalld or noti~c, to l~kc OllC or 311Y
ccmbii1::ltioJloftl'cf;J!lowil1gra1llcc1h1slc[ls:
~cvo:onGG3
16F3
(n) By written llotice lO I...es:ser:., Lesso, !TIel)' decbrc:1l1 Rental Pn.)'m~lits and otkramounls p)'ab:e by Lessee hereunder to the cl:d oftr:e the,] cur;e,,! Original Term or Ren~wa] TefTI] to be
due;
(0) With or \vi,IE1Ui l~rminaling this Agrecl1'wt, Lessor r,!ay c;)\cr the premises where (iJ.~ Equi;;n-,cnt is localed .and rebb pos,o;eo.sio:l afLb!; Equipment or require Lessee al Lessee's expense
10 pr0ll1p(]y rctUnl ;lIlyor nIl ofthe Equipmcllt 10 the p;)sscs;iolt of Lcs50r a( 1! pl.1ce specified by LesBor, ;Iwi :soli or lease tile Equipment or, for the nccount of Lessee, subk<lsC tile Equiprr:eni,
holdit\g ussce linb1c for [lie difference between (I) the ROIHa] Pcyl'l1enL~ ilnd olher amounts pny<lhk by Lessee hre-tllldcrph.ls the then ai>plicablePu,cll~scPricc, t.nd (1) the net proceeds ofallY
sllch sale, le<1~e or sublc~sc (~fter deducting all cxpemcs of lessor ill exercising its l'cll1cdics \Hlder (h;s A~TcerEcl\t, including wlthollt limitation, an expenses of 'taking possession, S(ori:lg,
:econdi[ioning ilnd selling or le-<l,~ing the r,;qUi[ltllCl1t and <11] brokerage. allclicneer,,' and RHome)'s' fees); provided that the amO\lnt of Lessee's liability under this subpar3graph (b) sldll\at
exceed the Rental Payments and oih:;r amOHi!ts othe,-.visc due licl"elll)dcr pius Ihc E'lllaillil~g Renwl Paymems <l:d elher i1n1011lltS payable by Lessee bcre\tl1der to the end of the then current
flsealycarofLessee;und
(c) lC$SOI.I11<lY IRk::: \Vli~lev'~r otlier <lclioll :tllow or 1<1 equity m<lY ~ppe<lr IlecessM)' or Je~irabk (0 enforce ill. rights ~s the owner of tile Equipment_
III :l.ddilioll, Lessee will remain liabk: for ,Ill COVCI1<lIIIS and indemniLies tinder this Agrcelnent ;l.nd for 1l1! Jeg~l fces 2nd otller costs ~;)d eXpense". i!\cludillg C011;1.cosls, inct:.'Ted by Lessor with
respect to the enforcement ornny of tile rCllledies lis(cu abOl'e or ;!ll)'olhcr remedy aV<lil<ible tv Lc,sor, Lessor may charge iJllercstoll aU amounts dl.l.c to it <Ltthe rate of 18% peranllUl1l or !lie
mn:dmU111 ,mlCHml pennit1cd by l~w, whichever is 1=.
Lessor and L~ssce (lgree that tllerc is no inlention to create under this Ag"reclllent a rigl1t of Les$or 10 disp05sess Lcssec involuntarily oftbc legaltil1e to or the rightof usc of the EquipmcllL
Lessor hereby irrevocably waives allY right to specific performance ofLcssce's covenant to trOll1sfer legal title to ~!ld rctU11l of possess lOll of the Equipment to Lessor.
Section 12.03. No Remedy E:"dllSivc. NorCll1cdy hcrein conferred UpOll or reserved to Lessor is lnteilded to be exclusive and every such remedy shall be cumulative and shall be In addition
to every olher re:medy given under this Agrei;m~nt or 110W orllcreafter existing at law or in equity_ No delay orOll1:ssion to exercise any rigbt or poweraccruiJlg upon any default shall impair any
such right or po\Vcr or shall be construed to be a w;)ivcr thereof, but mlY such rigll! and power may be. exercised from timc to lime and as orten as mily be deemed e;o;pedient. In order to entitle
Lessor 10 exercise nnyremedy reserved (0 it in this Article it shall not be IlCCCSSJI)' (0 give allY nO(lec, oilier tlwn such notice llS 11,:t)' be p:quird in this Article.
A RT1C1-1t6Jll
Sectiun 13.01. Notices. Allnoliccs. certific~ICS orolhcr C011l1ll\lllienlio;is hcreuilder sllllll DC $ufllciel\lly given llnd shall be dcen;cd ~;ve)\ wheil d.~livered or mailed by registered mail, posl;lge
prepaid. to the parties ;lIthe :lddl"CS.CS Oil the from orlllis i\grci'll1cnt (or al S\Jch ollia :Iddl-CS:; us either party hereto shall desi<;natc ill wliting to the Olher for nOLices to :;l.Ich party), to atl>' assignee
<1.li\saddressasi(appC,lfsoilthcfcgislralioll books 11laintnincd by Lessee.
$ce!ion 13.01. IHl1diug ~:lrcct_ Tllis Agrcclllellt sktll ill\ln~ to lhe be[lcfit ofnnd :;Iwll bc bil1dil~;; 111)011 LesSM nlld Lessc<c and their ,csjlcctive SllCCCSSOrs ~nd assigns.
Sce(iolllJ.03" Sc\'cr'lbiiity. 1J1lhc cvelil any pn.l\'is:on orlhis (\grtelne1l1 ~I\;\t! be \;el(l invalid or ll:lCUrOrceJ\J1c by Jl)l' CO(lr( ofcompclentjLIrisdiclicn, such holding shall tlOl i:lV<lHdatc or
IT.nOCfiIllC!)foiTeab[c;wyotliet"pnwisioil hereor.
S<ocll(llI 133H. ElIlil-e Agreement. -rilis i\grcclllcllL (;Ol1s[l[\ltes lile entire agr(':~m~m betwecn Lessor ~Ild Less~e.
Secll(JJl 13.05. A-1l1c'ldJ\lcJlls. This A~rec\llcllllll;\Y be allv;IIJe(1 in Iwiling by LeSS('T ~nj U:$SCC,
Sc~tiOl1 IJcO(i. Execution ill COllllkrp:lrls. ThiS Agleement mnybc siml[lt~11CoI.Isly C)(Cellted in severa! entilllcrp:irlS. enell ofwhicil sli~ll Ge m originrd and all ofwl1ich shJI1 constil\l(c but
one and Ih~ $,~ille i,~strlllneUI.
Section 13.07. UW-fY. T1Ie parti~s hereto <Lb'TCC lliat the cli~rgc$. in \llis Agl-cemcnl ,11aII11OL be u viol~lion of llSU,y or (lther1aIY. Any s~lch GXCC$S Ch:H~o; shall be applied in such order as to
conf:ml:' t11is Ag:'Cell1Cil! '0 such appliobk la\\!.
Scclllm13.0S. J\JfvTrial "Inivcr. TO "('HE EXTENT PERMJTT1W UY LA W, LESSEI~ i\GREES TO WAIVE ITS RIGHT TO A. TRIAL BY JURY.
Sr_cHOlIlJ.09. F'ac',imile DOCllll\Cllt~tioll. Lessee agrce$ tlwa t1lcsimi:e copy Dfthis Agreement willi r:lcsimile signatures ]l)JY be tnatcd CIS ail origil;~l aild wm be admissible as evidcnce of
this i\~rccnlel)l
$ed;onU.) (l. C:lpllO'lS. Th~ c'lplioH5 or l1c<ld;Il~;s in llli~~ t\~lctn~e]!l ~~e 101' v>~,':cn iClh~C only :11':11 in no ,v~y ddl\lc, limit \,r c!( :eribc Ul'~ ,'C(,pt cr in\r;Et of al~j Ill'OvbOIlS Of scctions of this
\grcemcllc
Seelioll 13.11. AI'Pticlhk La\\'. This Agrc:etll'~ill shaLt b~ gO'''Jrllcd \;y ~nd CO:istwd in <ic,cord;U].:c '.'.ilb (he bws of~hc StJlc.
~cv C31~OJ3
"5-
EXHIBIT A TO EQUII'MENT LEASE PURCHASE AGREEMENT
16F3
PAYlvIENT SCHEDULE
Purchase
Payment # Date Payment Interest Principal Balance Price
05/13/2008 $592,481,40
1 06/13/2008 $10,808_38 $1,784_05 $9,024_33 $583,457 m $595,126_21
2 07/13/2008 $10,808_38 $1,756_88 $9,051,50 $574,405,57 $585,893_68
3 08113/2008 $10,808,38 $1,729_62 $9,078_76 5565,326.81 $576,633_35
4 09113/2008 $10,808_38 $1,702-28 $9,106,10 $556,220-71 $567,345_12
5 10113/2008 $10,808.38 $1,674.86 $9,133_52 $547,087_19 $558,028,93
Q 1111312008 $iO,808.38 $1,647,36 $9,161.02 $537,926.17 $548,684,69
v
7 12113/2008 $10,808_38 $1,619./8 $9,188_60 $528,737_57 $539,312_32
8 01/13/2009 $10,808.38 $1,592,11 $9,21627 $519,521-30 $529,911.73
9 02/13/2009 $10,808_38 $1,564_36 $9,244,02 $510,277.28 $520,482.83
10 03113/2009 $10,808_38 $1,536_52 $9,271 _86 $501,005.42 $511,025_53
11 04/1312009 $10,808_38 $1,508_60 $9,299-78 $491,705_64 $501,539.75
12 05113/2009 $10,808_38 $1,4,30_60 $9,:127-78 $482,377_86 $492,025.42
13 06/13/2009 $10,808_38 $1,452_51 $9,355,87 $473,021 _99 $482,482.43
14 07/13/2009 $10,808_38 $1,424_34 $9,384_04 $463,637_90 $472,910,71
15 08113/2009 $10,808_38 $1.396_08 $9,412_30 $454,225_65 $463,310_16
16 09/1312009 $10,808_38 $1,367_74 $9,440.64 $444,785_01 $453,68071
17 10/13/2009 $10,808_38 $1,339_31 $9,469_0"7 $435.315.94 $444,022,26
18 11/1312009 $10,808_38 $1,310_80 $9,497,58 $425,818_36 $434.334.73
19 12/13/2009 $10,808_38 $1,282_20 $9,526,18 $416,292_ 18 $424,6-18.02
20 01/13/2010 $10,808.38 $1.253_52 $9,554_86 $406.737_32 $414,8"12.07
21 02/13/2010 $10,808_38 $-1,224-75 $9,583,63 $397,153_69 $405,096,76
22 03/1312010 $10,808_38 $1,195_89 $9,612.49 $387,54120 $395,292_02
23 04/13/2010 $10,803.38 $1,166_94 $9,641.44 $377,899-76 $385,457_76
24 05/131201 0 $10,808,38 $1,137.91 $9,670.47 $368,229,29 $375,59388
25 06/13/2010 $10,808_38 $1,103-79 $9,699_59 $358,529,70 $365,70029
26 07/13/2010 $10,808_38 $1,079_59 $9,728.79 $348,800_91 $355,776_93
2T 08/13/2010 $10,808_38 $1,050_29 $9,758_09 $339,042_82 $345,823,68
28 09/1312010 $10,808.38 $1,020_91 $9,787-47 $329,255,35 $335,840.46
29 10/13/2010 $10,808,38 $991 -44 $9,816_94 $319,438-41 $325,827.18
30 1111312010 $10,808.38 $961 _88 $9,846,50 $309,591 _91 $315,783_75
31 12/13/2010 $10,808_38 $93223 $9,876,16 $299,715,76 $305,710_08
32 01/13/2011 $10,808_38 $902-49 $9,905,89 $289,809_87 $295,606_07
33 02/1312011 $10,808,38 $872_66 $9,935.72 $279,874,15 $285,471 _63
34 03/1312011 $10,808_38 $342-74 $9,965,64 $269,908_51 $275,306_68
35 04/13/2011 SlO,808,38 $812-73 $9,995_65 $259,912_86 $265,111-12
36 05/13/2011 $10,808_38 $782_64 $10,025.74 $249,887.12 $254,884_86
37 06/1312011 $10,808_38 $752-45 $10,055_93 $239,831-19 $244,627_81
38 07/13/2011 $10,808_38 $722,17 $10,08621 $229,744_98 $234,339_88
39 08/1312011 $10,808_38 $691 _80 $10,116_58 $219,628.40 $224,020_97
Rc,.03!1{YiS
16F3
40 09/13/2011 $10,808_38 $661.33 $10,147.05 $209,481 .35 $213,670.98
41 10/13/2011 $10,808-38 $630_78 $10,177.60 $199,303_75 $203.289.83
42 11/13/2011 $10,808_38 $600 13 $10,208_25 $189,095_50 $192,877.41
43 12/13/2011 $10,808.38 $569_39 $10,238_99 $178,866_51 $182,433_64
44 01/13/2012 $10,808.38 $538_56 $10,269.82 $168,586.69 $171,958.42
45 02/13/2012 $10,808_38 $507 _64 $10,300.74 $158,285_95 $161,451.67
46 03/13/2012 $10,808_38 $476_62 $10,331.76 $147,954_ 19 $150,913.27
47 04/13/2012 $10,808_38 $44551 $10,362_87 $137,591 _32 $140,343.15
48 05/13/2012 $10,808.38 $414_31 $10,394.07 $127,197.25 $129,741-20
49 06/1312012 $10,808_38 $383_01 $10,425_37 $116,771 _88 $119,107_32
50 07/13/2012 $10,808.38 $351.62 $10,456_76 $106,315_12 $108,441.42
51 08/13/2012 $10,808_38 $320,13 $10,488.25 $95,826_87 $97,743.41
52 09/13/2012 $10,808_38 $288_55 $10,519_83 $85,307.04 $87,013_ 18
53 10/13/2012 $10,808.38 $256_87 $10,55151 $74,755_53 $76,250_64
54 11/13/2012 $"10,808.38 $225.10 $10,583.28 $64,172.25 $65,455_70
55 12/13/2012 $10,808_38 $19323 $10,615_15 $53,557_ 1 0 $54,628_24
56 01/13/2013 $10,808.38 $161_27 $10,647_11 $42,909_99 $43,768_ 19
57 02/13/2013 $10,808_38 $129.21 $10,679_17 $32,230_82 $32.875.44
58 03/13/2013 $10,808.38 $97.05 $10,711.33 $21,519.49 $21,949_88
59 04/13/2013 $10,8013_38 $64_80 $10,743_58 $10.775_91 $10,991.43
60 05/13/2013 LtO,80S_3S $32.4 7 $10,71591 $0_00 $0_00
Grand Totals $648,502_80 $56,021.40 $592,481.40
APPROVED J?
Coll1er Courlty Boa
nY:_~
County Commissioners
TITLE-:
'T'nffi R~nninJ'
j
('nri;rm;::)n
ATIEST: .'. .. '
DWIGHT E, BROCK/CLERK
/"
'?
A1TU"''7 ~0 ~' Go Ieg",I ml;!~I,~;E,?l.O"i
-----~
, A - _____~
__._ ~.k.-
. Assistant f'.oU21ty l~l.ttDrnGJ
A- t""'
. ." O.L~
Depuly91er . "'"
Attflt ll$tOCb<lt ,,'
. ....._. -_.". "c~ ,
1.911......... OiIl~JC"c.."
R~v 03;2003
AMENDMENT TO EQUiPMENT LEASE/PURCHASE AGREEMENT
161='3
This Amendment to that certain Equipment Lease/Purchase Agreement (together with all Extlibits and this Amendment, the UAgreemenf') dated
as of May 13, 2008, between Philips Medical Capital, LLC (together with its successors and assigns, "Lesson, and Co))jer County Board of
County Commissioners (together with its successors and assigns, "Lessee~), is incorporated in and is hereby made a part of the Agreement.
Lessor and Lessee hereby agree that capitalized terms used herein and not otherwise defined herein shall have the terms assigned to such
terms in the Agreement and that the follo'Ning changes and additions are hereby made to the Agreement:
1. The 1st sentence of Section 2.01 (a) of the Agreement is deleted and the following sentence is inserted in lieu thereof:
Lessee is a municipal corporation and political Subdivision duly organized and existing under the constitute and the laws of 1he State of
Florida.
2. Section2.01 (h) of the Agreement is deleted and the following Section 2.01 (h) is inserted in lieu thereof:
Lessee has complied with Collier County Purchasing Policy.
3. The 2nd sentence of Section 4,01 is hereby deleted, and the following sentence is inserted in lieu thereof:
Any Rental Payment not received on or before its due dale shall bear interest in accordance with section 218,75, Florida Statutes, also
known as the "Florida Prompt Payment Act"'.
4. The following sentence is added to section 4.03:
Equipment to be properly delivered and accepted by Lessee prior to Agreement funding evidenced by a properly executed Acceptance
Certificate by Lessee.
5. The 3rd sentence of Section 6.01 is h~reby deleted, beginning with "Lessee irrevocably" and ending with "possession to Lessor"
6. The 3rd sentence of Section 7,03 is llereby deleted, and the following sentence is inserted in lieu thereof:
Lessee agrees to pay such amounts with interest thereon in accordance with section 218.75, Florida Statutes, also known as the "Florida
Prompt Payment Act",
7. The 1st sentence of Sec(Jon 11.01 is hereby deleted, and the following sentence is inserted in lieu thereof:
lessor's interest in, to and under this Agreement and the Equipment may, with written consent of Lessee, which will hot be unreasonably
withheld, be assigned and reassigned in whole or In part to one or more assignees by Lessor.
8. The 1st sentence of Section 13.01 is hereby deleted, and the following sentence is inserted in lieu thereof:
All notices, certificates or other communications hereunder shaIJ be sufficiently given and shall be deemed given when delivered or mailed
by certified mail, postage prepaid, to the parties at the addresses on the front of this agreement (or a1 such other address as either party
here10 shall designate in writing to the other for notices to such party), to any assignee a1 its address as it appears 'on the registration
books maintained by Lessee.
9. The following section 13,02 is added to the lease:
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the partjes shall
make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Lessor with
full decision-making authority and by Lessee's staff person who would make the presentation of any settlement reached during
negotiations to Lessee for approval, Failing resolution. and prior to the commencement of depositions in any litigation between 1he parties
arising out of before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by
representatives of Lessor with full decision-making aulhority and by Lessee's staff person who would make the presentatton of any
settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit 10 mediation as required hereunder,
the other party may obtain a court order requiring mediation under section 44.102, Fla..Stat.
Any suit or action brought by either part to this P.,greement against the ether party relating to or arising out of thls 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.
Except as specifically set forth in this Amendment, all terms and conditions contained in the Agreement remain in full force and effect and are
hereby ratified 8nd confirmed.
LESSEE:
Commissioners
BY: X
pfBy:
'rom HPnnin{i' <:nrlirmrln
PRIN 0 NAME AND TITLE
ADDRESS: 2600 Grand Blvd. Suite 380
ADDRESS: 2705 S. Horseshoe Drive
, .,'
-- ,
Kansas City MO 64108
Naples, FL 34104
DATE:
-< DATE:
~VDO:r
" "" ,'.-,." ..... .... ..... .: . .,. 1 " .~ 0' .
... .:. ..' . ',' . ... . 0..... ,_ ~, .~,'
,. .:.; ,. ",' '.. '-.,,, ..', -"-':}}'.,." ...;_...._...'.,;..):...:.!:.'Jj
-~-~--- ,~ .---;
/u::.sistsnt rD:E~~;Y At.1/.:.T?lCX!/
A nEST: : <'
DWIGMT E, BROCK; CLERK
~;~t~~~j~-
--"--'-"--'-~
16F3
ATTACHMENT 2 TO STATE AND LOCAL GOVERNMENT LEASE PURCHASE AGREEMENT
EQUIPMENT DESCRIPTION
Quantity
35
Description
Philips HeartStart Monitors
with all attachments and/or
accessories
Serial Number
16F3
ACCEPTANCE CERTIFICATE
Philips Medical Capital, LLC
2600 Orand Avenue, Suite 380
Kansas City, MO 64108
Ladies and Gentlemen:
Re: Equipment Lease Purchase Agreement dated as of April 15, 2008, between Philips Medical
Capital, LLC, as Lessor, and Collier County Board of County Commissioners, as Lessee.
In accordance with the Equipment Lease Purchase Agreement (the "A,greement"), the undersigned Lessee
hereby certifies and represents to, and agrees with Lessor as follows:
(1) All of the Equipment (as such term is defined in the Agreement) has heen delivered, installed and
accepted on the date hereof.
(2) Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and
appropriate :~ild hereby 3.cY-~'ic'../ledges that it acc~pts the EquipmeYlt fer.all purposes.
(3) Lessee is currently maintaining tbe insurance coverage required by Section 7.02 of the
l\greement.
(4) No event or condition that constitutes, or with notice or lapse of time, OT both, would constitute, an
Event of Default (as defined in the Agreernent) exists at the date hereof.
Date:
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
LESSEE
By
Title:
[SEAL]
Rc\'0312008
16F3
MUNICIPAL CERTIFICATE
Re: Equipment Lease Purchase Agreement (the "Agreement"), dated, April 15, 2008, between Philips Medical Capital, LLC as
Lessor, and, Collier County Board of County Commissioners, 2.5 Lessee.
I, the unders,1jSned, the,duly appointed, qualified and acting _tLGI? t:-
hereby certify this J-lrllny of ffl ft-'I ,2008, as follows: '
d-QCY;y
(1) Lessee did, at a regula r special) meeting of the governing body oftlle Lessee held on}-1 ~A I t":{ . ~
by motion duly made, seconded and carried, in ace or ance with all requirements of law, approve and authorize the exec~ of the
above-referenced (the "Agreement") on its behalf by the following named representative of the Lessee, to wit;
" 70 rY'\H ("AI'f1 i "!)
Printed Name of
(Person Executing the Lease)
(Clerk or Secretary) of the above-captioned Lessee do
Title
Signature of
(Person Executing the Le;tse)
~.:kThis signature line is to be signed by person authorized by the gOYel'ning body to execute the documents on behalf of the Municipality,
(2)
forth above,
The above-named representative of the Lessee held at the time of such authorization and holds at the present lime the office set
(3) The meeting of the governing body of the Lessee at which the (the "Agreement") was approved and authorized to be executed
was duly called, regularly convened and attended throughout by the requisite majority of the members thereof or by other appropriate official
approval aild that the action approving the (the "Agreement") anJ authorizing the execution tbel-eorhas not been altered or rescinded.
(4) No event or condition that constitutes, or with the giving of notice or the lapse of time or both \NOllld constitute, an Event of
Default (as such term is defined in the above-referenced Equipment Lease Pl1rcbasc Agreement) c;xists at the date hereof.
(5)
the Lessee.
All insurance required in accol'dmlce \vi(h the above-referenced Equipment Lease Purchase Agtecmcnt is currently maintained by
(6) Lessee h35, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget
year to m<'!ke the Rental Payments scheduled to corne due during the Origimtl Term and to meet its olher obligations for the Original Term (as such
terms arc defined in lhe abow-referenced Equipment Lease Purchase Agreement) and such funds have not been expended for other pl1rposes_
(7) The fiscal year of Lessee is from 0 dnbB r to S (" p -t-e l':i:'che.L3 0
IN 'WITNESS WHEREOF, { hereunto set my hand and the seal of the governing body of the Lessee-ihe\fayandycar first above written.
Name:
Title:
~
.j"..
(SEAL)
Subscribed to and sworn before me this _ day of
,200_
Notary Public
My commission expires ~__m
Rev 05/2005
AP;}"~<~ I~O"o' ""U"N:-j'OC~i"'~n..
,~ . "'0(i..1 IV;:::"'!,;, (
~_...I- ~
.
AGS;S\;8JTk f-O:-i!y;zr Att'"J?:1'JJ
16F3
1. The covenants and designations hereinafter set forth are intended to be> and hereby arc, incorporated into
the Equipment Lease Purchase Agreement, dated IvIay 13, 2008 (the "Agreement"\ bet\veen Philips rvfedical
Capital, LLC ("Lessor") and Collier County ("Lessee"), and except as otherwise defined herein, all terms defined in
the Agreement shall have the same meaning herein as in the Agreement. The Conunencement Date of the
Agreement is or will be in the calendar year 2008 (the "Issuance Year").
TAX DESIGNATIONS AND COVENANTS
2. Bank Qualification.
{Lessee initialltere {{t!zfs provision is applicable: ~ /,L
(Lessee initi{{llrere ({this prol'ision is NOT applicable: iIY
(a) Lessee hereby designates the Agreement as a "qualified tax-exempt obligation" as defined in Section
265(b)(3)(B) of the Code_ The aggregate face amount of all tax-exempt obligations (excluding private activity
bonds other than qualified SOl(c)(3) bonds) issued or to be issued by Lessee and all subordinate entities thereof
during the Issuance Year is not reasonably expected to exceed $10,000,000.
(b) Lessee hereby covenants that Lessee and all subordinate entities thereof will not issue in excess of
$10,000,000 of tax~exempt obligations (including the Agreement but excluding private activity bonds other than
qualified 50I(c)(3) bonds) during the Iss~lance Year without first obtaining an opinion of nationally recognized
counsel in the area of tax.~exel11pt ml.ll1icipal obligations acceptable to Lessor that the designation of the Agreement
<!s <1 "qualified (ax-exempt obl1gation" will not he adversely affected.
3. Sl}w.!/ Issue A rbitrage Rebate E.tcept/oJl.
/Lessee iuilial here ((t/tis provision is applicable: _I 11
[Lessee initial here if tltis provision is NOT appliciwle: jjJ
(a) Lessee represents and wanants that it is a govenunental unit under the laws of the State with general taxing
powers; the Agreement is not a private activity bond as defined in Section 141 of the Code; 95% or more of the net
proceeds of the Agreement "viti be used for local governmental activities of Lessee; and the aggregate face amount
of alllax-cxcmpt obligZlt:ions (other th,ll) private activity bonds) issued by the Lessee and all subordinate entities
thereof during the Issuance YeJt" is not rcasOl18bly expected to excced $5,000,000.
(b) Lessec hereby covenants th8t Lessee and all subordinate entities thereof will not issue in excess of
$5,000,000 of tJx-cxcmpt bonds (illcluding the Agreement but excluding private activity bonds) during the Issuance
Year without first obtaining 811 opinion of nationally recognized counsel in the area of tax-exempt municipal
obligations 8cceptable to Lessor that the excludability of the interest on the Agreement from gross income for
federal tax purposes \vill not be adversely Clfft,eted.
Dated -Zl1(1~1 1'1, ,-1 !)()fi'
( ,
Title:
~
___5om Henning, Cha i r~r
A'cpp:co'_'ed as to fOfm & IGg~.l €!uff~[jif.HW.7
CERTIFICAT~-~~~LERKORSECR~;~::7
of County Commissioners
[SEAL]
ATTEST:
I, the undersigned, do hereby certify that (i) the foregoing Tax. Designations and Covenants were adopted
"meI approved by action of the goveming body of Lessee at a meeting duly called, regubrly convened and attended
throughout by the requisite ill8jOrity of the members thereof, (ii) the officer of Lessee who executed the foregoing
TJX Designation Elnd Covenants on behatf of Lessee and whose genuine signa lure 8ppears thereon is the duly
qualified Jnd acting officer of Lessee as stated benea.th his or her signatme) and (iii) said o(fi~er,ha$ been authorized
to execute the foregoing Tax Designations and Covenants on behalf of Lessee. : :~:\\'1_. '......,.J '.',-:-. '.
c, . /
Daled:Jn(j l1; 7< {lOrL
DWIGHT E- BROq:,ci,ERK OF C01JR']\S
h". _~'M ......;o.c:~
~~l..~~~.~k.
sl9natuN 'onh-: _ ..
J..;
F,cvO]n'J:J~
""--'----.."---'--"-'
16F3
Fmm 8038-G
Information Return for Tax-Exempt Governmental Obligations
> Under IMema! Revenue Code Section 149(e)
? See separate Instructions.
Caution: If/he issue prier;: is under $100,000, Use Form 8038~GC
m....s No. 1545-0720
(Rev. Noverr.t.er2000j
Oep3.1rt1e.1( c((~_e Tre;sury
!nlem~l Rcv~n~e Sccvi(~
~-~~~:ii\~'~~g~:'git~~~~~~-0~~: Reporting Authority
1 Issuer's Neme
Collier County Board of Cour,ty Commissioners
3 Number and street (or P.O box if m8i1 is nol deiivered fa sired address)
2705 S. Horseshe Olive
If Amended Return, check here
2 Issuer's employer identification number
59-6000558
>0
Haam/Suite
4 Report number
3 2008-
6 Date ofis$ue
5 City. town, or posl office, st3le and ZIP code
Naples, FL 34104
7 Name of Issue
Equipment Lease Purchase Agreement
9 Name and tine of officer or 18gal representelive wl.om 1I1e IRS may call for more information
10 Telephone number of officer or leg21 representative
Type of Issue (check applicable box(es) and enter the issue price)
See instn;c!ions and attach schedule
I 11
--~~-F592'481.40_
13
- ~
14
15
~6 ""]
11 0 Education...
12 "" Health and hospital,
13 0 Transportation.
14 0 Public safety...
15 0 Environment (including sewage bonds) "... .
16 OHousing..
i7 0 Utiliiies,.
18 Other, Describe ~
19 If obligations are TANs or RANs, check box @ 0 If obligations are BANs, checl< box. @ 0
20 If obligations are in the form of a lease or installnlent sale, check box. . .."....@ ./
/..- _ 'Si:.:::'t~d?;,?~ t'~=-- ;:: - ~: it Descnption of Obligations (Complete for !~_ enUre issue for which this form IS being filed)
~ -t I (~)Staedredernpbon (d)Welgl.ted!
I~~I Matunlyda'e _ ~_~~ hs 18 ))rjC~ _ _ ~:Ice at m~tu~ ly _ average matunty_ I
21 I 05.13/2013 $592 4B1 40 I $592,46140 26168
~i~:~&tr;}]i~i~R~l!)i,ij~li11f!~~'j&fJ:l Uses of Proceeds of Bond lssuc:Jincluding underwriters' discount) ~---~~
22 Proceeds used for accrued Interest.
23. Issue price of entj(G issue (enter amount fWlIlline 21, column (b))..
24 Proceeds used for bond issuance costs (including underwriters' di~~count).. .
17
(e) Yield
3.61%
25 Proceeds used for credit enh;H1cemenL
26 Proceeds allocated to reasonably required re"erve or replacement fund.
27 Proceeds used to currently refund prior issues...
28 Proceeds used to advance refund prior issues.
29 Taial (add rilles 24 t[ll'C\Jgh 23)...
30 Nonrefur,ding proceeds of the issue (subtract line 29 from line 23 and enter amount here)..
Description of Refunded B~:mds (Complete this part only for refunding bonds)
N/a
N/a
29 I N/a
30 N/a
3'1 Enlec 1M remaining weighted average maturity of the bonds io be currenliy refunded.
32 Enler the ren.aining weighted average maturity of the bonds to be advance refunded
33 Enler the last date on which the refunded bonds will be called.. .
34 Enter the date(s) the .refunded bonds were Issued >- d.
j{i;::!;Et;;i~~f;~P..aaVI:i{tXiW;~:;~~glli::q M i scell a n eous
.or Nfa year:;
> Nla years
> Nla
'~, ."..;;,,,c;.~"""c-'~'~.-,,,,.".,_",,,,,'."'"
35 Enter the amount of tile state volume cap allocated to the issue under section 141(b)(S) .. ..,."... ......... ,....... ....... 35 N/a.
368 Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see Instructions) 36a N/a
b En\er the final maturity date of lhe guaranteed investment contract > - -- ~~!I1t~~,~_ N/a
37 Pooled financings: a Proceeds of this issue that are to be used [0 make loans to other governmental units 37~~1 Nla
b If this rssue IS a loan made from the proceeds of another tax-exempt Issue, cllCCK box> 0 and enter the name of
the issuer >- and the date of tile issue >-
38 If the Issuer has designated the issue under section 265(b)(3)(B )(I){III) (small issuer exception}, check box
39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box..
40 Ifille issuer has identifjed a hedge, check box... . ...".............,.
'""__> 0
""""_>0
""""",_.>0
Sign
Here
are truc:.
1121 I havG examined this fGturn and accompanying schedulas and statemen.~~. and :0, the b~~.t of my knowledge and belief, they
,';\~
111Cd./ ~ J (!{!fJ- crOm :H'enning,
Sifjnalure of issuer's authoriz _~ T ,pa or pnnt came and '1lie
For Paperwork Reduction Act Notice, see page 2 of the r ructions i~l No 61773::A TTEST: ~~ .Yc'rn 8038.G (Rev 11 00)
~~' 1,>",2.1 guf 'clenCy "'WIGHT C B ""co
1'.lYfJIO~e " ,,-~o """""":.-----; L.J' J=, ROCK, CLERI<: .;
A ../"" f "
L_~ ~.-" .
f
. -, I,N'nty,-\Hn;l;:."":r
JwE:<lSi);:.!l, '.',-,," '.' ,~_'VJ~--~,~
.
Ch~irman
>
~;)
c
OP 10 SE
COLLI-2 04/22/08
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.
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Insurance and Risk Management
Services, lnc.
8950 Fontana Del Sol Way #200
Naples FL 34109-4374
Phone: 239-649-1444
239-649-7933
INSURERS AFFORDING COVERAGE
Fax:
,,,sURE,,
INsU~ERA
Princeton Excess & Surplus
JI'sURER5
Collier County Government
Risk Management Department
3301 Tamiami Trail East, #D
Naples FL 34112
:"'SIJPERC
wsa
IW,URERD
Liberty Mutual Insurance
Columbia Casualt Com an
INSUR~RE.
COVERAGES
THE POLICIES OF INSlJRANCE LISTED BELOWI-'AVE BEEN ISSUEDTO THE INSURED ~AMHJABOVE FOR THE POLICY PERIOD I~DICAT~D. NDlv"THSTANDINO
ANY RE'-lUIREMENT, ERM OR CONDITlON OF ANY CONTRACT OR O,FER DOClJMENTJf~'" RESPECTTO WHICH THIS CERTifiCATE MAY BE ISSlJED O.~
MAY PERTAIN. T~E !NSURANClOAFFORDED BY TH~ POUC'H DESCRIBED HER~IN IS SUBJECr TO AL.L THE, Tl'.RMS, 8:CLUSIONS ANC CO~[)ITICNS OF SUCH
PolICI~S, AGGREGAF LIMITS S~ov,N MAY i-'.AVE a~EN RW~C"D BY PAID CLAlt.iS
INSR 001.
LTR NSRD
10"'0>"""""
_ OATEIMM.O[)/i"i")
10/01/07
I
I
MEOEXP (Anyono pe"oo)
1-!~^~~o.N~:.~~"[)_~~J_U~_Y"__ ___
I GtNct<AlAGGHcGATE
_P_Ro.C~CTS-CO~P~'OP_A_G_~_
TYPEOFINSVRANCE
POLICYNUMSER
POLICY HPIAATlON
DATE (MMlDD,'i"i")
A
GENERA~LIABlLlTY
-~CO'''M~RCI.^LG~NERA'
==p'~"'"^CC .... ...... n_ He""", "~AA'"
)..~ ___.__._~"__'_'_._"_"___._ .___.___ 51H \100,000 l'LR emsct<
l~=~~ AGGREGi'TE :'~ APPClES PER
Ix 1 PQ~ICY i -l ~.:'cOT I --1 LOC I
!1~0""aL"LI""'LI{
J NNAUTO 64A3EX000001503
1--1 :~~;::L:::~::: I' "" n".o,Ooo .-X;'7~"lW'_"""
~kIRED/'lJTOS SlRl<$OCO,OOOPER,"~SO"
1_..X__jNONO_:DAlJTOS
H ------~~ I
I
+_________J__
[64A3FFOOOOOll02 10(01(07
10/01/08
,
1....:::CHOCClJRR"",CE
AGGREGATE
_._--_._.~------.._--
jExcess
I General
Liab~l~ ty
I 1_ weSTATlJ I IO:~_
[XI'"'""''''' ,.'"
E' EtCHACCIDE~-
.:L D~O::,SE_[~":M~LOYEE
EL[)ISEI,SEPOLCYLlMIT
64A3EX000001503
10/01/08
EACH OCCURRENCE
DAMAG~TORENTED
PREMISESIE,oocu'"o,")
X
lIAalLlTY
00CClJR
A I
10/01/08
iCOMP-INEDSINc;LElIMIT
11"'''"'"."1)
I "O;'II.YINJd"Y
i!f-'"'pe"onl
10/01/07
I HOnlLYINJURY
,i".r.''';d.''I)
______L__
PROPERTY [}AMAGE
(reracc;de,,')
A
[
I
rr~::::'
IEICE,"'U"I"REII..f,UARIIID
~"w,. L_j"^,",^,,,,
.qLe[}UCTI~L~
I jRETEkTION
AlJTOONLY_E..ACCIDeNT
OT,IE,1TFM'
. f,UTGOrRY
WORKERSCQMPENSATlONANO
"'~1P~CYERS' L~A81L1TY
10/01/07
10/01/08
64A3EX000001503
I SIR $350,000
!
I LHD356921
N08NA03542
Primary
AOP Re ten
A
ANYPROPRIE,OR'PARrNER>oIECUTIW.
OFFICEItIMEMaEnEICcU:JED?
Ifles,d,,,,,m"nder
SPECIAl?ReVIS:ONSo.','"
04/01/08
04/01/08
04/01/09
04/01/09
B **Property
C **Property
OESCREPT1DNOFOPERAT10NSILDCATIONSIVEHICLESIEICLUSloNSA"DE[}BYENDORSEMENTISPEClALPROVISIONS
**Property shared with 5 compo incl Company D-#YS2L9L438946018, Company
E-#RMP2083561063 & Company F-#NOBNA03540 from 04/01/08-04/01/09. Self lnsd
Ret. incl within limis of liab; As allowed by Florida Statute 768.28. The
certificate holder is listed as Loss Payee/Additional Insured as respects to
35 Heart Start Monitors with all attachments and/or accessor~es.
CERTIFICATE HOLDER
CANCELLATION
J NAIC #
10786
23043
31127
LIMITS
$ 1,000,000__
$ Included
~ 1,000
$ Included
--
$ 1,000,000
~ 1,000,000
$ 1,000,000
i,
EAACC S
AGG $
jS 1,000,0~.9...._
__I~oo,.o~~=
$ 600000
---.
$ 600000
$ 600000
$25,000,000
$50,000
PHILIPM SHOUlD"NYOFn'~.o.BOVEDESCRJBfDPOllCIES8ECANcaLED~EFORETHEEXPIRATION
QATE" THEREOF. THE ISSUING INSVRERWILLENOEAVOFl,TO r.'.A'L 10 OAYSWRiTTEN
--
NOTlCE TO THE CERTIFlcATE HoWER NAI.IED TO TH~ LEfT, SUT FAIlURE TO 00 so SHAL~
Philips Medical Capi tal, LLe
2600 Grand Boulevard, ste 380 II.'POSENO 08UGATIONORlIA8111TYOFAlNK,Uo UpON ll<E INSURER. iTS AGE NTSOR
Kansas City MO 64108 REPRESENT.o.TT\lES.
~~
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
oeD??
16F3
"
Consumer's Certificate of Exemption I
Issued Pursuant to Chapter 212, Florida Statutes
DR-14
R, 04/05
09/21/07
LJEP.\IU,'..1ENT
or REVENut
I 85-8012621830C-2
Certificate Number
10/26/2007
Effective Date
= 1~/;-;;Q12=
Expiration Date
COUNTY GOVERNMENT
ExemptlQil Ca!e'g-qry
This certifies that
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
3301 TAMIAMI TRL E
NAPLES FL 34112-3969
is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible
personal property purchased or rented, or services purchased_
"
----I
Important Information for Exempt Organizations !
"
DR-14
R. 04/05
[JCP/,f\T,V,[NT
(Jf REVENUE
1 _ You must provide all vendors and suppliers with an exemplion certificate before making tax-exempt purchases_
See Rule 12A-1 _038, Florida Administrative Code (FAC)_
2_ Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's
customary nonprofit activities.
3_ Purchases made by an individual on behalf of the organization are taxable, even if the individual will be
reimbursed by the organization_
4_ This exemption applies only to purchases your organization makes_ The sale or lease to others by your
organization of tangible personal property, sleeping accommodations or other real property is taxable_ Your
organization must register, and collect and remit sales and use tax on such taxable transactions_ Note: Churches
are exempt from this requirement except when they are the lessor of real property (Rule 12A-1 _070, FAC)_
5_ It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax_ Under no
circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for
payment of the sates tax pius a penalty of 200% of the tax, and may be subject to conviction of a third degree
felony_ Any violation will necessitate the revocation of this certificate_
6_ If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central
Registration at 850-487-4130_ The mailing address is PO BOX 6480, Tallahassee, FL 32314-6480_
16FS if,
MEMORANDUM
Date:
May 22, 2008
To:
Jack Wert, Director
Tourism Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Contract Amendments for Tourism
Grant Agreements with the following:
Southwest Florida Holocaust Museum, Inc.
Naples Zoo, Inc.
Naples Art Association, Inc.
United Arts Council of Collier County, inc.
Marco Island Historical Society, Inc.
Enclosed please find four originals of (each) of the grant amendment
agreements for the Grantees referenced above (Agenda Item #16F5)
which were approved by the Board of CountyCommissioners on
Tuesday, May 13, 2008.
The Minutes & Records Department has kept an original copy of
each agreement where it will be held as part of the Board's permanent
records.
If you should have any questions, please contact me at 252-8406.
Thank you.
Enclosure (4x5)
, -----
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SlIt> F 5 1 fr1
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 he 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
exc tion of the Chainnan's si ature, draw a line thrau routin lines #1 throll #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin 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 afthe 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 BCe Chairman's signature are to be delivered to the BCC office only after the Bee has acted to approve the
item.)
Name of Primary Staff Kelly Green / Jack Wert Phone Number 252-2384
Contact
Agenda Date Item was 5/13/08 Agenda Item Number l6F5
Aooroved bv the Bee
Type of Document 5 Contract Amendments for Tourism Grant Number of Original 5 signed copies of each
Attached Agreements Documents Attached contract amendment
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 Attorn~y'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 Bee approval of the
document or the fmal ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si 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 Bee 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_5/13/08 (enter date) and all
changes made during the meeting have been incorporated in tbe attached document.
The Count Attorne 's Office has reviewed the chau es, if a licable.
kg
Yes
(Initial)
kg
N/A (Not
A licable)
2.
nla
3.
kg
4.
kg
5.
6.
I: Forms! County Forms! Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16
FIRST AMENDMENT
2008 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND
SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC.
I. This Amendment to the 2008 Tourism Agreement, made this J2. day of
1/\ , 2008, (hereinafter referred to as "First Amendment"), is entered into by and
lIier County (hereinafter referred to as "COUNTY''), and Southwest Florida Holocaust
c. (hereinafter referred to as "GRANTTEE").
WITNESSETH:
WHEREAS, the COUNTY and GRANTEE entered into a 2008 Tourism Agreement dated
September 25,2007 (the "Agreement") with GRANTEE; and
WHEREAS, the COUNTY and GRANTEE desire to furtber amend the terms of the
Agreement.
NOW, THEREFORE, in considcnltion of valuable consideration and the premises and
mutual covenants hereinafter set forth, the parties agree as follows:
t. Paragraph 2(1) of said Agreement is hereby deleted in its entirety retroactively to the
effective date of the Agreement:
(I) GRANTEE is required to pay matching funds for the Project in the amount of
$100,000 in the form of cash or in-kind contributions. For each request for funds,
GRANTEE shall produce docmnentation of the cash or in~kind contribution equaling the
sum requested For in..kind contributions, GRANTEE shall provide a letter from the donor
which explains the contribution and its value. The cash contribution shall not be less than
$75,000.
2, Except as provided berein, the Agreement sball remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized officers and their official seals, bereto affixed the day and year first written
above.
DAT!30:rM ~ 12 100g
An:EST:' , ~-.\ 1.
DWIGID: E. )3ROCK. CI....k
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.
By:
TOM
Approved as to fonn and
legal sufficiency:
Item# \lofS
"''le:',:a 51~-Dg
\:i't~~
, f):,t" G~TL~
~P"Cd -
~Ierk ~
--
(,JPJ~(.~
/bY. Heidi Ash ..clcko
Assistant County Attorney
5w~
'----")
(2) /~-/'~
. ,)
SIgDa_
K./ln? ,k1. I~I.A"?/-t' i (J
Printed!Typcd Nome
CP:TDC\I" Amend 2OQ8\SWFUIoIoeausd&UICUffl
16F
GRANTEE:
SOUTHWEST FLORIDA HOLOCAUST MUSEUM.
INC.
By: .
.1./ /1-
Print Name: (11 {l. i< f\-... 1<:>5- S
PrintTitle: [,f:\o.+"..... i).'1<f/
"r
16F
.~~.
FIRST AMENDMENT
2008 TOURISM AGREEMENT BETWEEN COLLIER COUNTY
AND THE NAPLES ZOO, me.
/J"\
This First Amendment to the 2008 Tourism Agreement, made this ~ day of
1\-pl2.. . 2008, (hcreirurller referred to as "First Amendment"), is entered into by and
between Collier County (hcreirurller referred to as "COUNTY"). and The Naples Zoo, loc.
(hereinafter referred to as "GRANTI'EE").
WITNESSETH:
WHEREAS, the COUNTY and GRANTEE entered into a 2008 Tourism Agreement dated
September 25, 2007 (the "Agreement") with GRANTEE; and
WHEREAS, the COUNTY and GRANTEE desire to further amend the terms of the
Agreement
NOW, THEREFORE. in consideration of valuable consideration and the premises and
mutual covenants hereinafter set forth, the parties agree as follows:
1. Paragraph 2(t) of said Agreement is hereby deleted in its entirety retroactively to the
effective date of the Agreement:
(I) GRANTEE is required to pay matching funds for the Project in the amount of
$J21,ooo in the form of cash or in-kind contributions. For each request for funds.
GRANTEE shall produce documentation of the cash or in-kind contribution equaling the
sum requested. For in-Jrind contributions, GRANTEE shall provide a letter from the donor
which explains the contribution and its value. The cash contribution shall not be less than
$90,750.
2. Except as provided herein, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed by
their duly authorized officers and their official seals, hereto affixed the day and year first written
above.
DATED{f'lU1 1.:2.1tloC
ATTEST:
:. II,' r., rJW"!IDIT E: BROCK. Clerk
.S' -cc:-,
V\J~Mu f#~t)l-.
\,] ,~,.' , D CI
BOARD OF COUNTY COMMISSIONERS
COLLIET' FLO A
By: ,:}<f;1-
TOM HENNING, Chairman
./
Au.si a, 'to CtIa ,..... ,
11gn~ OAl.
Approved as to form and
legal sufficiency:
Item# l(oF6"
AY ~~f!!::-~
Assistant County Attorney
2,;,~~da ~g
D31~ Sr72-o
Feed
~k
---,-'-'-
~1';2,1 J? 16 5
~~"'~-4~
),-,v,\((S ~ecfc, 1/ "~~:;:;,'. ~'tz, ~
priiiild/Typed ~ /,! ,lNC
N"", !i I 'i
..~~ :L'
~...,.. . q,~ . -<,,,d4
. . .' - m" ""
~() ,(;~::7 --,4' }o, ~ DI ~-
p , ' , f- / u'-.. < /' -
rmtedlTyped Name i<.;/ i/ /X) /'....-;.
(/
CP:TDC\I- ~
200BINapks Zoo
16
c:
oJ
FIRST AMENDMENT
2008 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND
NAPLES ART ASSOCIATION, INC.
This First Amendment to the 2008 Tourism Agreement, made this a day of
, 2008, (hereinafter referred to as ,tPirst Amendmentll), is entered into by and
llier County (hereinafter referred to as "COUNTY"), and Naples Art Association, Inc.
er referred to as "GRANTTEE").
W ITNES SETH:
WHEREAS. the COUNTY and GRANTEE entered into a 2008 Tourism Agreement dated
September 25,2007 (the "Agreement") with GRANTEE; and
WHEREAS, the COUNTY and GRANTEE desire to further amend the terms of the
Agreement.
NOW, THEREFORE, in consideration of valuable consideration and the premises and
mutual covenants hereinafter set forth, the parties agree as follows:
1. Paragraph 2(f) of said Agreement is hereby deleted in its entirety retroactively to the
effective date of the Agreement:
(f) GRANTEE is required to pay matching funds for the Project in the amount of
$50,000 in the form of cash or in-kind contributions. For each request for funds,
GRANTEE shall produce documentation of the cash or in-kind contribution equaling the
slim requested. For in-kind contributions, GRANTEE shall provide a letter from the donor
which explains the contribution and its value. The cash contribution shall not be less than
$37,500.
2. Except as provided herem, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized officers and their official seals, hereto affixed the day and year first written
above,
~~:f;~ 12;ll)t>8
DWI~ E. BROCK,.Clerk
BOARD OF COUNTY COMMISSIONEI,l.S
COLLIER CO , FLORIDA
.
By:
TOM HE
Approved as'to fonn and
legal sufficiency:
Item #
}{ oFIi-
eMPPp~
Pw': Heidi Ashton-Cicko
Assistant County Attorney
r----
~.SSE:
(1)
Slgnatur
7~M_C.~
PrintedfT ame
(2)_~ --y~
Signature
~"8elL/ N..Afl..'n~i 1<4,
Printed!Typed Name
CP:TDC\'- Amend lOO8INapll:S An AISI1.
GRANTEE;
NAPLES ART ASSOCIATION, INe.
# //fl/ I
By; ~ //(~
/' NK NAPPO, preSi~
16F
,------
16F5
FIRST AMENDMENT
2008 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND
UNITI<.D ARTS COl'NClL OF COl.LIER COVNTY. INC.
This First Amendment to the 2008 Tourism Agreement, made this ,~~ day of
_C.iiL~,-L, . 2008, (hereinatter referred to as "First Amendment"). is entered into by and
betwbn Collier County (hereinafter referred to as "COL'NTY"). and United Arts G:.lw1cil ofCoUier
County, Inc. (hereinat1er referred to as "GRANTTEE").
WIT N E SSE T II:
WI-fEREAS, the COUNTY and GRi\NTEE entered into il. 2008 Tourism Agreement dated
September 25, 2007 (the" Agreement") with GRANTEE; and
WHEREAS, thc COUNTY and GRANTEE desire to further amend the terms of the
Agreement.
NOW, THEREFORE, in consideration of valLlable consideration and the premises and
mutua' covenants hereinafter set forth, the panies agree as fol~ows:
I, Paragraph 2(t) of said Agreement is hereby delcted in its entirety rctroactively to the
effective dale of the Agreement:
(1) GRANTEE is required to pay matching funds for lhe Project in the amount of
$21,500 in the fonn of cash or in-kind contributions. For each request for funds,
GRANTEE shall produce dlJcumentation of the cash or in-kind contribution equaling the
swn .requested. For in-kind contributions, GRANTEE shall provide a letter from the donor
which explains the contribution and its value. The cash contribution shall not be less than
$16,125.
2. Except as provided herein, the Agreement shall remain ill full force a.nd ~ffect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized officers and their official seals, hereto affixed the day and year first written
above.
\
DATED:twl<1 U..llDri.
, C:iftAJ"TEST:
, . tJ'\>{J9HT E. BROCK, Clerk
.
BOARD OF COIINTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
"
\oU', 'tth{A ~~O,C
'-cy--: ,D lye
__ ., to CIii Irwail S
.,... 011,
J;.I
Approved as to form a.nd
legal sufficiency:
Item#~
,~Mv0
If, . Heidi Ashton-Cicko
Assistant County Attomey
r;~2:'das ,,-01)
u(.;,B b
e,le '6-22-D~
T
WIT~~SSES ..".f ~
(I) t::CrH 1I 0 sl Q
Sl~= ~~_
81a I (\t'__u__ __ '
~~tedrryped Name
/ .... 2/ \)(. , V Y-->---
(2)ti'(~!~2Ll
5ignawre
, ~','1 1,: _
't-ii,._ r l { (
Ll--H L',.. :.:_.
Printed/Typed Name
~.J ArtsCoulIcil
., 'OO8UnllCIJ
ID~I. Amen.._
CP: "
J6F5
GRANTEE: rOUNCIL OF COLLIER
UNlTED ARTS _
COUNTY, [NC. ,?
,.}y ~L/4-_
. ~, ~j;;:tf" L TER President
Bv. ,,?M... CKHA ,
- MERL,' .
----r
FIRST AMENDMENT
2008 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND
MARCO ISLAND HISTORICAL SOCIETY, INC.
16F5
. ,
First Amendment to the 2008 Tourism Agreement, made this .I2L day of
2008, (hereinafter referred to as "First Amendment"), is entered into by and
betwee Collier County (hereinafter referred to as "COUNTY"), and Marco Island Historical
Society, Inc. (hereinafter referred to as "GRAI'<TIEE").
W [T N E SSE T H:
WHEREAS, the COUNTY and GRANTEE entered into a 2008 Tourism Agreement dated
September 25, 2007 (the "Agreement") with GRANTEE; and
WHEREAS, the COUNTY and GRA."ITEE desire to further amend the terms of the
Agreement.
NOW, THEREFORE, in consideration of valuable consideration and the premises and
mutual covenants hereinafter set forth, the parties agree as follows:
1. Paragraph 2(1) of said Agreement is hereby deleted in its entirety retroactively to the
effective date of the Agreement:
(I) GRANTEE is required to pay matching funds for the Project in the amount of
$125,000 in the form of cash or in-kind contributions. For each request for funds,
GRANTEE shall produce documentation of the cash or in-kind contribution equaling the
sum requested. For in-kind contributions, GRANTEE shall provide a letter from the donor
which explains the contribution and its value. The cash contribution shall not be less than
$93,750.
2. Except as provided herein, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized ol1ieers and their ol1icial seals, hereto aftlxed the day and year first written
above.
~~~~~ 'L1, WJ f
, DWIGHT E. BROCK, Clerk
0(,
BOARD OF COUNTY COMlvlISSIONERS
COLLIER COUNTY, FLORIDA
,,1
BY:'''''/~
TOM HENJ',1NG,
test> ,d' to,
t1.9I'ataart 0111 ~
Item # v.. o'P5"
~;~~da rq-P.> 1>&
Date fO-'2L-I'IS
Rec'd _:.!,J./
Approved as to form and
legal sufficiency:
COy:[;e~ @
Assistant COWlty Attorney
-I
WITNESSES:
16F5
o v
(l)-~~ -dd.Ac..~~
SLgJUIlUre
Betsv Perdichizzi
PrinledITyped Name
(2)Y~ -m
SlplalUrC
Laurie McCardle
Printcd/Typcd NlU11I:
GRANTEE:
MARCO ISLAND HISTORICAL SOCIETY, INC
By: t'5~ /?~~
Print Name: Bill Pcrdichizzi
Print Tille:Vice President for Administration
CP,TDCIIO Amoa4 200&\M1 Hi_lSaciety
16FS
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 he hand delivered to the Board Oiliee. The completed routing slip and original
documents are to be fon.varded to the Board Oflicc 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 Chaimlan's signature, draw a line throu[!:h routing lines #1 throuph #4, conmlete the checklist, and forward to Sue Filson line #5).
~oute to Addressee(s) Office Iuitials Date
List in routing order)
1.
2.
3.
4. Colleeu M. Greene, ACA County Attorney C(Y1 G-- 06102/08
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 BCe approval. NOITIlally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one 01" the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Kelly Green 1 Jack Wert Phone Number 252-2384
Contact
Agenda Date Item was May 13, 2008 Agenda Item Number 16.F.5
Aooroved bv the BCC
Type of Document First Amendment for Tourism Grant Number of Original 5
Attached A~reernent - Nanles Botanical Garden Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate.
Yes
(Initial)
KG
N/A(Not
A lieable)
1.
Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
executed by all parties except the BCC Chairman and Clerk to the Board and possibly State
Officials.
All handvvritten 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 signature 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 ofBCe 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 05/13/08 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 retufn 4 executed ori inaIs to Jack Wert
KG
2.
NIA
3
KG
4.
KG
5.
N/A
6.
KG
7.
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03_04. Revised 1.26.05. Revised 2.24.05
((matter _ numbem/((doeumcnt _number>>
16F5
MEMORANDUM
Date:
June 2, 2008
To:
Jack Wert, Director
Tourism Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
First Amendment for Tourism Grant Agreement
- Naples Botanical Garden
Enclosed please find four originals of (each) of the grant amendment
agreements for the Grantees referenced above (Agenda Item #16F5)
which were approved by the Board of County Commissioners on
Tuesday, May 13, 2008.
The Minutes & Records Department has kept an original copy of
each agreement where it will be held as part of the Board's permanent
records.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure (4)
16F
FIRST AMENDMENT
2008 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND
NAPLES BOTANICAL GARDEN, INC.
Thi First Amendment to the 2008 Tourism Agreement, made this .J..3.. day of
, 2008, (hereinafter referred to as "First Amendment"), is entered into by and
betw Collier County (hereinafter referred to as "COUNTY"), and Naples Botanical Garden. Inc.
(hereinafter referred to as "GRANTTEE").
W ITNE SSE TH:
WHEREAS, the COUNTY and GRANTEE entered into a 2008 Tourism Agreement dated
September 25, 2007 (the "Agreement") with GRANTEE; and
WHEREAS, the COUNTY and GRANTEE desire to further amend the terms of the
Agreement.
NOW. THEREFORE. in consideration of valuable consideration and the premises and
mutual covenants hereinafter set forth, the parties agree as follows:
1. Paragraph 2(1) of said Agreement is hereby deleted in its entirety retroactively to the
effective date of the Agreement:
(I) GRANTEE is required to pay matching funds for the Project in the amount of
$110,000 in the form of cash or in.kind contributions. For each request for funds,
GRANTEE shall produce docwnentation of the cash or in-kind contribution equaling the
sum requested. For in-kind contributions, GRANTEE shall provide a letter from the donor
which explains the contribution and its value. The cash contribution shall not be less than
$82,500.
2. Except as provided herein, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed by
their duly authorized officers and their official seals, hereto affixed the day and year fIrst written
above.
~!
.,<..
D'XfsQ;,I.>~;\.~l 0%
;,A. 't.', ":t- .
I)\VIG iq3\l.(?l:;K. Clerk
c. ...~(k__
~. t.Jl~JiIU/I ,
on 1,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,,"
,J,'"
<,.\
Approved as to form and
legal sufficiency:
~m.~
ftT: Heidi Ashton-Cicko
Assistant County Attorney
Item #
jlaP~
~
~
{
Agenda
Date
WI~SES:
(l)....~~b
gnaW"
S AIL ~ ROD r\b:tfu- \!-.+e:-
Printedffyped Name
(2)elwdzi~.~
SIgnature
Vt et-S-rl [; ~. 1){2{ ~+fr[) IJ
Printedffyped Name
CP:TDCIl- Amend 2008\Naples Boranieal GlIl'dCll
GRANTEE:
NAPLES BOTANICAL GARDEN, INC.
BY:C<;? ---~
BRIAN E. HOLLEY, President
16FS
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F 5
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 Oflice 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 Chaimlan's signature, draw a line throucl routin,g lines # I thro~_#4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routi!!Lorder)
I.
2.
3.
4. Colleen Greene County Attorney's Office Gm& r.,'J.l/'~
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 docwnents needing the BeC Chairman's signature are to be delivered to the BeC office only after the BeC has acted to approve the
item.)
Name of Primary Staff Kelly Green 1 Jack Wert Phone Number 252-2384
Contact
Agenda Date Item was 5/13/08 Agenda Item Number l6F5
Approved by the BCC
Type of Document Contract Amendment for Tourism Grant Number of Original 5 signed copies
Attached Agreement Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed,and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date 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 your deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Hcable.
Yes
(Initial)
Kg
NIA (Not
A Hcable)
2.
3.
4.
5.
6.
nla
kg
Ko
"
kg
I: Forms! County Formsl Bce Formsl Original Documents Routing Slip WWS Origina19.0304. Revised 1.26,05, Revised 2.24,05
16F5~.
MEMORANDUM
Date:
July 1,2008
To:
Kelly Green, Administrative Asst.
Tourism Department
From:
Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re:
First Amendment to a 2008 Tourism Grant Agreement
between Collier County and Friends of Rookery Bay, Inc.
Attached please find four (4) original amendment agreements referenced
above, (Agenda Item #16F5) approved by the Board of County
Commissioners on Tuesday, May 13, 2008.
If you should have any questions, you may contact me at 252-8406.
Thank you,
Attachments (4)
16F5
t':,.>:
HRST AMENDMENT
2008 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND
FRIENDS OF ROOKERY BAY, INC.
This First Amendment to the 2008 Tourism Agreement, made this lr day of
_, 2008, (hereinafter referred to as "First Amendment"), is entered into by and
betwcc oilier County (hereinafter referred to as "COUNTY'), and Friends of Rookery Bay, Inc.
(hereinafter referred to as "GRANTTEE"),
WI TNES SETH:
WHEREAS, the COUNTY and GRANTEE entered into a 2008 Tourism Agreement dated
Septemher 25, 2007 (the "Agreement") with GRANTEE; and
WHEREAS, the COUNTY and GRANTEE desire to further amend the terms of the
Agreement.
NOW, THEREFORE, in consideration of valuable consideration and the premises and
mutual covenants hereinafter set forth, the parties agree as follows:
I, Paragraph 2(1) of said Agreement is herehy deleted in its entirety retroactively to the
effective date of the Agreement:
(I) GRANTEE is required to pay matching funds for the Project in the amount of
$25,000 in the form of cash or in-klnd contributions. For each request for funds,
GRANTEE shall produce documentation of the cash or in-kind contribution equaling the
sum requested. For in-kind contributions. GRANTEE shall provide a letter from the donor
which explains the contribution and its value. The cash contribution shall not be less than
$18,750,
2. Except as provided herein, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized officers and their official seals, hereto affixed the day and year first written
above.
DATED: (r3CrOg
ATTEST:
DWIGHT E.BROCK, Clerk
",c,r,I) ~F' '1
.\>' . '
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.
By:
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,1~(.1I'I).\;tl'" to form and
legal sufficiency:
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Heidi Ashton-Cieko
Assistant COlmty Attorney
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GRANTEE:
FRlE:S OF ~OKERY~rY' INC. .
By:/ / ~
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16F5 ~...
16F5
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 O1iginal document. Original documents should be hand delivered to the Board Office. The completed rOLlting slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the ilcm.)
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 ofthe Chairman's si!1:nature, draw a line throWlh routinlllincs #1 throuQh #4, comoletc the checklist, and forward to Sue Filson nine #5).
Route to Addressee(s) Office Initials Date
(List in roulin!! order)
I. ------- f----- 0
--
2. .._-~--- ---- "~.. 1-'00.
..------~.-..- --- -
3.
-- --
4. Colleen M. Greene, ACA County Attorney Ci \.A-V 08/27/08
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
7. Kellv Green / Jack Wert Tourism
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.l
Name of Primary Staff Kelly Green / Jack Wert Phone Number 252-2384
Contact
Agenda Date Item was 05/13/08 Agenda Item Number 16-F-5
Annroved bv the BCC
Type of Document Contract Amendment for Tourism Grant Number of Original 4
Attached Agreement Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate.
I.
Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the
County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully
executed by all parties except the BCe Chairman and Clerk to the Board and possibly State
Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's Office and
allother arties exce t the Bee 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 signature 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 BCe office within 24 hours ofBCe approval. Some documents arc
time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions
are nullified. Be aware of our deadlines!
The document was approved by the BCe on 05/13/08 and all changes made durin2 the meeting
have been incorporated in the attached document. The County Attorney's Office has reviewed
the chan es, if a licable.
Please return 3 executed ori inals to Kell Green I Jack Wert
Ves
(Imtial)
CMG
2.
3.
4.
5.
6.
7.
N/A
CMG
CMG
N/A
CMG
CMG
1: Forms/ County Forms! Bee Forms/ Original Documl.'TIts Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05
Hmatter _numbeD)! ((document _ numbem
16F5
MEMORANDUM
Date:
August 27,2008
To:
Kelly Green, Administrative Asst.
Tourism Department
From:
Teresa Polaski, Deputy Clerk
Minutes and Records Department
Re:
Contract Amendment for Tourism Grant Agreement
Attached please find three (3) original amendment agreements referenced
above, (Agenda Item #16F5) approved by the Board of County
Commissioners on Tuesday, May 13, 2008.
If you should have any questions, you may contact me at 252-8411.
Thank you,
Attachments (3)
16 5
FIRST AMENDMENT
2008 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND
THE CONSERVANCY OF SOUTHWEST FLORIDA. INC.
This First Amendment to the 2008 Tourism Agreement, made this 13~ay of
~~ ,2008. (hereinafter referred to as "First Amendment"), is entered into by and
between allier County (hereinafter referred to as "COUNTY'), and The Conservancy of
Southwest Florida, fnc. (hereinafter referred to as "GRANTIEE").
W ITNES SETH:
WHEREAS, the COUNTY and GRANTEE entered into a 2008 Tourism Agreement dated
September 25, 2007 (the "Agreement") with GRANTEE; and
WHEREAS, the COUNTY and GRANTEE desire to further amend the terms of the
Agreement.
NOW, THEREFORE, in consideration of valuable consideration and the premises and
mutual covenants hereinafter set forth, the parties agree as follows:
1. Paragraph 2(t) of said Agreement is hereby deleted in its entirety retroactively to the
effective date of the Agreement:
(f) GRANTEE is required to pay matching funds for the Project in the amount of
$32,000 in the form of cash or in-kind contributions. For each request for funds,
GRANTEE shall produce documentation of the cash or in~kind contribution equaling the
sum requested. For in-kind contributions, GRANTEE shall provide a letter from the donor
which explains the contribution and its value. The cash contribution shall not be less than
$24,000.
2. Except as provided herein, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized officers and their official seals, hereto affixed the day and year first written
above.
DATED~ "0 B, \til-=l-\. t!Q
ATfEST: . -
DWIGHT.!;. B~K, Clerk
~~~~~
. . .... / ,DeputyClerk
BOARD OF COUNTY COMMISSIONERS
COLLIER CO , FLORIDA
.
By:
T
Approved as to form and
legal sufficiency:
'C~~
Heidi Ashton~d.cko
Assistant County Attorney
Agenda
Dale
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WTSSES: "
(1) . ~ i.\\J\ "-K~6-
Slgnature
A(\r~'" L$'v~"':1I2.v1
Printedffyped Name
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Signature .
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PrintedfI'yped Name
CP:11X\I. Amend 2008\Conservancy.SWFL
y:
PrintName:,Andf'<-w /1 cE /w...i......
PrintTit1e~eS/' ~ J-
16F51
MEMORANDUM
Date:
May 14,2008
To:
Christine Chase
Emergency Management
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
A Grant Application for a US Department of
Homeland Security Citizen Corps (CERT) Program
Enclosed please find the original grant application, as referenced above,
(Agenda Item #16F6), approved by the Collier County Board of
County Commissioners on Tuesday, May 13, 2008.
If you should have any questions, please call 252-8406.
Thank you.
Enclosure (1)
16 F 6'-~
, . - .__._____.~_..u____,_,.~__,._~__ --""'T'-
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink: paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
docwnents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chainnan's shmature, draw a line throue:l routin!! lines #1 throul!h #4, comolete the checklist, and forward to Sue Filson line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
I.
""-----
2. - ---- ,-
'-----.--- -
3.
---- -.-,-.---,
4. ~;h:j c 'i
"----~ (' lie,
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, induding Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the BCe has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
/')f ,,...f' /
( '{'ill ,,:_" !;t'2 ..
, 11, ". ~J
Phone Number
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(Initial)
I: Forms! County Forms! Bec Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
--il
f) ~I
Agenda Item Number
,""]
-,If} "
i
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the Bee
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 f'Pal ne otiated contract date whichever is ap licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bee office within 24 hours of Bee approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting havc been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
2.
3,
4.
5.
6.
STATE FISCAL YEAR 2008-2009
SUBGRANT APPLICATION GUIDE
FOR
US Department of Homeland Security
Citizen Corps/CERT Program Subgrant
INSTRUCTIONS FOR PREPARATION
AND
SUBMISSION OF APPLICATIONS
State of Florida
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
16F6
-~1--
16F6
APPLICATION INSTRUCTIONS
This application package provides the forms and informafion to apply for a Citizen Corps/CERT
Subgrant from the Florida Division of Emergency Management ("FDEM") under the Homeland
Security Grant Program.
NOTE: THE FOLLOWING INSTRUCTIONS MUST BE FOLLOWED IN PREPARING AND
ASSEMBLING AN APPLICATION FOR FUNDING UNDER THIS PROGRAM.
1, Applications will only be accepted from eligible applicants.
2. All Applications must be received by the date and time, and at the place, specified below.
3. No Applications will be accepted by electronic mail or facsimile. Applications not received on time
at the specified place will be rejected,
4. All applications must be bound individuallv and include one oriainal copv of the application and
fhree (3) photocopies of the completed application. The oriainal must be labeled "Oriainal" and
must contain an oriainal sianature in ink of the authorized official as stated in below.
5, All requested information must be included in minimum threshold requirements In order for the
application to be reviewed,
6. Applications must be tabbed with each Exhibit labeled and each page must be consecutively
numbered.
7, Applications must be submitted in a sealed envelope to:
Citizen Corps Office - Subgrant Application
Florida Division of Emergency Management
Contracts and Grant Unit
2555 Shumard Oak Boulevard- Sadowski Building
Tallahassee, Florida 32399-2100
NOTE:
If the aDDlicant is a localllovernment. the aDDlication must be sillned by the Chief Elected
Official of the localllovernment. or by another officer of the localllovernment actinll under a
resolution or other formal delellation of authority from the lloverninll body of that local
llovernment to bind the localllovernment to contracts. If the aDDlicant is a fire tax district. the
aDDlication must be sillned by the ChairDerson of the Board of Fire Commissioners or Fire
Chief (if the chief has been lliven authority in writinll bv the Board). If the aDDlication is
submitted bY any other entity, the ChairDerson or President of the body must silln it or
another individual who has been authorized to Silln bY the lloverninll board. IIMPORT ANT
NOTE: ANY APPLICATION SIGNED BY OTHER THAN THE MAYOR. CHAIRPERSON OF THE
COUNTY BOARD OF COMMISSIONERS. PRESIDENT OR CHAIRPERSON OF THE FIRE TAX
DISTRICT MUST BE ACCOMPANIED BY A COPY OF THE OFFICIAL AUTHORIZING
RESOLUTION OR LETTER FROM THE MAYOR OR COMMISSION INDICATING THAT THE
SIGNATOR HAS THE AUTHORITY TO SIGN CONTRACTS FOR THE ORGANIZATION OR
JURISDICTION.
2
----r'
16F6
GENERAL INSTRUCTIONS AND BACKGROUND
1. Only applications that include the following completed items will be scored:
A. Application Coversheet whether Citizen Corp or Grant & Title Page Citizen
B. corp
C, Application (Sections I, II, III, IV & V)
D. Letter of Support or acknowledgement from Corresponding Emergency Management
Office (or justification why not included)
2. Contracts for start up or maintenance of a Citizen Corps Council & Program wili be made
available in the ranqe of $4.000 to $20.000. Subgrantees are not required to provide cash or in-
kind match for FY 2008 funds. Prioritv points will be qiven in the scorinq of applications to
applicants that can currenflv demonstrate strong sustainability plans for after Subgrant
continuation. At the discretion of FDEM. based upon fundinq availabilitv. priorities and other
factors. a Subqrantee mav be funded at less than their requested ampunt.
3. Eligible Applicants are counties and cities in the State of Florida, Fire Tax Districfs, other tax
districts, regional planning councils, state-supported community colleges, colleges & universities,
and Native American Tribes or nations within the State of Florida. (Note: 501c3 groups are not
directly eligible; however, local jurisdictions can "subcontract" with a 501 c3 group to perform
these functions.)
4. A letter of support from your Countv Emergency Management Office is necessary. Failure to
have such a letter shall disqualify the application from consideration, (NOTE: If the Citizen Corps
Council sub-grant is being directly applied for by the County Emergency Management Office then
no letter is needed - but clearly indicate that fact in those questions or application areas that ask
for County EM involvement).
5. The scoring of applications Is based on the following point system:
A. The maximum amount of points possible is 100
B. Only applicants receiving a minimum score of 50 points will be considered for funding
from this Subgrant.
C. Applicants must have, or be in the process of establishing a Citizen Corps Council
registered in their jurisdiction (county or city) to be eligible for DHS/FDEM funding
6. Priority will be given to applicants who:
A. Demonstrate high cost efficiency
B. Show high partnership activities
C. Demonstrate significant involvement in all-hazard emergency preparedness
D. Demonstrate a high degree of excellence in past grants (existing programs only)
E, Demonstrate timely & sound compliance with reporting, expenditure and effectiveness of
current program (existing programs only)
F, Demonstrate willingness to "Mentor" new programs in nearby or distant areas or to
expand their own programs to encompass significantly more adjacent geographic area
than currently covered (existing programs only)
G. Demonstrate strong sustainability plans for after Subgrant continuation
H. Geographic distribution- 1" round pick will cover each of the 7 EM regions, then direct
statewide competition for remainder of funds. (NOTE: If a viable Application is not
received from an EM region, or if all Applications from an EM region score below the
minimum of 50 points, then the State Citizen Corps Office will move those funds to
another EM region, the general consideration funding area or another Citizen Corps
program, )
3
T....~.----~.-
16F6
7. If the application is by an Indian Tribe or Nation, it must be signed by the Chairperson of the
Tribe, or by a tribal official holding a formal written authorization from fhe tribal governing body
that delegates to that official the authority to bind the Indian Tribe or Nation,
8. Following initial scoring and ranking of submissions, a listing of the submissions being considered
for final funding will be posted on the Florida Citizen Corps Website along with appeal rights and
procedures. Applicants will have 21 days from the date of posting to file a petition for appeals
pursuant to Chapter 120, Florida Statutes.
9. Applicants shall address all questions regarding this solicitation to the Citizen Corps/ CERT office.
Questions from prospective applicants will be accepted by email or by phone to the contact
person through the application deadline date, FDEM bears no responsibility for any delays, or
resulting impacts, associated with a prospective Recipient's receipt of this information.
10. If an accommodation is needed for a disability in order to participate in this solicitation, please
contact the Citizen Corps Office at least five days prior fo fhe date that the accommodation is
needed.
11. Any modification or withdrawal of an Application, except a modification resulting from a request of
FDEM, must be received by the Closing Date for Receipt of Applications. An applicant may not
modify its Application after the period of submission deadline. Applications may be withdrawn, by
written or telegraphic notice, within 72 hours after the date and time of Application opening.
SUBGRANT APPLICATION DETAILS
1. SUBGRANT AMOUNTS: Subgrant amounts are capped at a minimum of $4,000 to a maximum of
$20,000. Initial Subgrant period will be July 1, 2007-September 30, 2008. (All applicants need to be
able to execute spending of all funds by September 15, 2008 or the date indicated in the actual
contract).
2. Application Schedule: The following schedule presents the time frame and due dates anticipated:
Date for submission of the application: April 4, 2008
Closing Date for Receipt of Applications: May 20, 2008
Intent to Award Contract Posted:
June 30, 2008
Anticipated Contract Award:
July 1, 2008
(NOTE: FDEM reserves the right to revise the appiication schedule provided above. Any revisions or
changes of the schedule shall be posted on the FDEM website. Applicants are responsible for
checking the FDEM website for any changes or amendments to the terms of this Application Guide.)
3. Allowable Plannina & Proaram Development Costs: Applicable costs associated with activities to
develop, implement or expand a regional, county or local Citizen Corps may include:
A. Collecting information on existing resources and volunteer activities within the community;
B, Meetings of the Citizen Corps Council and community stakeholders;
C. Coordination with the State and National Citizen Corps Councils and programs
D, Website maintenance related to Citizen Corps Program material;
E. Reasonable travel expenses for staff and/or volunteers to attend meetings or training
sessions (state travel policy to be followed);
F. Developing survey methods to assist citizen preparedness, training and volunteerlsm;
G, Conducting local or regional program implementation meetings; and
H. Hiring of full or part-time staff or consultants to assist with any of the above functions.
4. Allowable Volunteer Service and Involvement Costs: One of the goals for Citizen Corps programs is
to provide volunteer service opportunities across all emergency prevention, preparedness and
Page 4
I~-~-'._"-
16F6
response disciplines, for community safety and local disaster relief. Citizen Corps funding may be
used to enhance an existing volunteer program or to launch certain federally chartered programs.
A. CERT - a separate Sub-grant pool has been set up to funded CERT specific programs.
However, some CERT operating costs (such as PPE, training, etc.) can also be funded using
part of a Citizen Corps Council General Sub-grant If so desired by the Citizen Corps Council.
B, Neighborhood Watch, Volunteers In Policing (VIPs), and/or Medical Reserve Corps (MRC)
can receive operating funds from other federal sources than this Citizen Corps Subgrant.
Therefore, funds under this Subgrant should not be spent on operational costs of these
programs but recruiting, screening, limited equipment, exercises and certain other costs can
be considered. See national guidance document for full listing of permissible funding items.
C. Fire Corps, has begun and can receive Citizen Corps Council funding consideration in FY06.
Councils can consider "start-up seed" money for such programs, (Councils may want to
consider not duplicating functions where a Fire Department CERT team currently functions in
some of the areas outlined for Fire Corps ( non-suppression/administrative) but consider
initially Fire Corps requests from Fire Departments that have no CERT Program assisting
them. However, this is a local decision,)
D. To assist communities with engaging volunteers, Citizen Corps Council Sub-grant funds may
be used to pay for certain costs to start-up or enhance CERT, Neighborhood Watch, VIP,
MRC or the new Fire Corps programs and other Council partnership programs. These
allowable costs are:
. recruiting, screening/assessing, training, retaining/motivating by recognition
activities (certificates, etc.); and
. evaluating volunteers or volunteer candidates
. referral screening/assessing costs as to acceptability of candidates who are
involved in supporting emergency management, disaster relief and citizen
preparedness in law enforcement, fire, emergency medical services,
preparedness and organizations for citizen/community safety in the home,
schools, workplace and throughout the community.
. Exercises, drills, citizen outreach and certain limited equipment items (See
national guidelines for full listing.)
5. Allowable Public Education/Outreach Costs: To accomplish the mission of having all Americans
participate in homeland security and making America safer, Citizen Corps programs may develop
materials to educate and engage the public, including materials tailored to special needs populations.
Allowable expenditures include materials to support public awareness campaigns, media coverage,
outreach activities and public events (where Citizen Corps is well disolaved and hiqhlv recoqnizable):
A. publications and educational materials;
B. public safety announcements;
C. printed advertisement, posters, promotional flyers, etc;
D. booth displays and conference backdrops
E. recognition pieces for Citizen Corps partners and/or special commendations in support of the
Citizen Corps mission;
F. informational buttons, pins, key chains, magnets, etc;
G. other materials that encourage the public to participate, educate the public or support
partners in building a strong broad-based coalition of programs and organizations committed
to furthering the Citizen Corps mission,
6. Allowable Volunteer and Citizen Traininq/Exercise/Equipment Costs: Citizen Corps funds may be
used for training, exercise and cerfain equipment costs related to CERT programs and citizen
education and participation in the following areas: emergency preparedness, basic first aid, lifesaving
skills, crime prevention, public health issues, mitigation, safefy in the home, or other fraining that
promotes community safety. Preparedness Exercises specifically designed for citizens are allowable
and may include testing public warning systems, evacuation/shelter-in-place capabilities or testing
family/business preparedness. Specific consideration should be given to training all ages, ethnic
groups and special-needs populations. (NOTE: In accordance with the American Disabilities Act
applicants should identify any products that may be used or adapted for use by visually, hearing, or
other physically impaired individuals.) Allowable cosfs include:
A. administrative and logistical assistance with exercise implementation;
B. instructor preparation and delivery time (to include overtime costs);
C. hiring of full pr part-time staff or Recipient s/consultants to assist with conducting the training
and/or managing the administrative aspects of conducting the training;
D. creation/maintenance of a participant/student database;r
Page 5
E. rental of training facilities;
F, printing course materials, instructor guides, student manuals, brochures, certificates,
handouts, newsletters and postage (Note: electronic newsletters are preferred unless the
people to be served have limited access fo electronic communicafions)
G. course materiais specific to the subject matter (bandages, gloves, fire extinguishers,
mannequins, etc,);
H. outfitting CERT members with required PPE (personal protective equipment) and certain PPE
for other volunteer responders;
equipment related to specific training or volunteer assignments (vehicles, expensive radios
and some other items prohibited from funding via this Subgrant)
J. certain ID and recognition ciothing (allowed but restrictions)
K. reasonable costs associated with design, deveiopment and conduct of exercises specifically
for citizen or to support the Citizen Corps and citizen component of first responder exercises,
to include preparing citizens for their role in the exercise.
16F6
I.
7. Allowable Evaluafion Costs: Funds may also be used to evaluate Citizen Corps programs (CERT,
Neighborhood Watch, VIPS, MRC and the Citizen Corps Council) and Citizen Corps Council partner
programs. To the extent possible, expenditures should be made to benefit multiple programs.
Evaluations should include:
A. cost/benefit analysis of programs;
B. how programs can share resources
C. hiring of staff or Recipient /consultants to assisf with evaluations
8. Unauthorized Proqram Expenditures: Unauthorized expenditures included, but are not limited to:
A, Items such as general-use software (word processing, spreadsheet, graphics, etc.), general
use computers and related accessories, vehicles, licensing fees, weapons systems,
ammunition or law enforcement items;
B. Activities unrelated to the compietion and implementation of the specific Citizen Corps
programs;
C, Other items not in accordance with previously allowable costs (vehicles, defibulators, etc.)
D. Radios exceeding $350 each-without FDEM Citizen Corps Office approval
E, Construction or renovation of facilities
(Note: Permission should be obtained from the Florida Citizen Corps Office for any single
purchase over $2,500.)
Page 6
1-.-----
16F6
PROGRAM REQUIRMENTS
1. The following are required items to be provided to participates under the CERT Subgrant: (NOTE:
Special exemption can be granted by the Citizen Corps/CERT office.)
A. PPE Equipment
- Hard hat - Protective eyewear
- ID tag - Dust mask or simple HEPA mask
- Light stick - Reflective vest
- Latex or nitrate gloves - Marking caulk or marking crayon
- Signal whistle - Bag/backpack
- Work gloves - Flashlight (simple)
- Roll Duck Tape
- Cardboard or simple splint (forearm or leg)
- Disaster medical care items for at least 3 victims such as gauze, triangles, etc.
B. Participant manuals - provided by applicant
C. sOPs/saGs
D. Certificate
2. CERT trainings and events should be posted on the National Citizen Corps Calendar Website and
approved by the State Citizen Corps/CERT office.
3. The following are required items for the CERT Basic Training Course to be taught under this sub-
grant:
A. Use of the Full FEMA/EMI/FDEM CERT Basic Training Course -317 including the terrorism
module and showing the Sheltering-In-Place Video (DVD)
B. Use of a CERT Train-the- Trainer (TTT) Qualified Individual (FEMA/FDEM graduate of the
CERT TTT-417 or 317 Trainer Course) as Program Manager, Course Manager, or Lead
Instructor
C, Use of Adequate Training Facility
4. It is the responsibility of the applicant to arrange and compensate course managers for CERT
trainings and course manuals.
5. Tracking and reporting the number of trained CERT volunteers is not only a State of Florida priority,
but also a DHS/ODP priority. It is required to have a database to track the number of trained
volunteers, as well as someone, to monitor/enter data to such a database.
6. Required Quarterly Reports will be due as indicated in the signed contract, or separate schedule.
The Quarterly Report should include more extended training data, explanation on the expenditure of
Subgrant dollars for the quarter, and any CERT activities that took place during the quarter. FDEM
reserves the right to change quarterly reporting due dates when to do so would be in the best interest
of the State of Florida.
7. Citizen Corps/CERT programs must comply with the DHS requirement of NIMS compliancy. A letter
from your County Emergency Management or your sponsoring agency indicating compliance with
NIMS requirements must be completed by the deadline outlined in the contract.
Page 7
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TITLE PAGE
16F6
This is the start of the Application. Please do not send in the jnstr~ction peaSll beforelhia paQawbeA,
, submitting yo~r application.
Dale ,,,,,,_
FDEM/DHS Federal FY 08 Applicant Questionnaire
Citizen Corps! CERT Sub-grant Program
FDEM- Engaging Florida's Communities in All-hazard Preparedness
Application Type (please check one):
D Start-Up
o Expansion
Amount Requested for Sub-Grant:
$ $19,000.00 for Citizen COrDS
Please indicate the sponsorin9 agency/group:
N/A
_ City Emergency Management Office
_X_ County Emergency Management _ Citizen Corps Council
Fire/Rescue Service
Native American Tribe
Fire Tax District
_ Sheriff/Police Agency
Applicant Information
Name of Organization: Collier Countv Emeraencv Manaaement Department
Address:
3301 E. Tamiami Trail
City:
Naples
County: Collier
Zip Code: 34112
FederallD #: 59-6000558
Point of Contact (If this chanaes at anv time Dlease send e-mail with new individual's information to:
CitizenCorDs@em.mvflorlda.com and a follow up letter,
Name:
Joseph W, Frazier
Phone:
239-252-8425
Fax:
239-775-5008
Email:
ioseohfrazier@collieraov.net
.......................................................................................
Authorized Signature (Please refer to the Note on page 2.)
Signature:
.
Title: Tom Henninq, Chairman, Collier County oard of County Commissioners Date:
5/r3/b~
(Note: If the signature is not bv the Mavor. ChairDerson of the County Commission. President or "" ct:::", ".
ChairDerson of the Tax or Fire District or government iurlsdiction then a formal notice of deleg~h af ~',:: '"c''''..
Appr........'Millihlll1l......IClll"t.._..e governing bodv MUST be attached to this sheet.,~. ,,' :,' : ", ';:
AnESb. ' ".' : .~
~A. 0 --- DWIGHpE. ~~~iOlll~
Colleen Greene, ~. , .
Assistant County Attorney Page 8 8Y:Atteat,
,._A.- ....
.
"
.-......- l'
16F6
FLORIDA
cltlzen~
'II{' COrpS
Section 1- Questionnaire (maximum 10 points)
(NOTE: Please indicate responses with an "X'')
1. Is a letter of support from the corresponding County Emergency Management Agency included with
this application (select ONLY one):
_Yes
-LNo
If no, please explain why a County Emergency Management Agency corresponding ietter is not
inciuded.
The requesting agency is the Collier County Emergency Management Department on behalf of
the Collier County Citizen Corps Advisory Committee.
2. Do you plan to provide or expand this Subgrant to train more CERT members or provide support
beyond the Subgrant dollars requested?
-1L- Yes
No
Briefly detail "in-kind" functions and estimated dollar value in the section provided below.
In kind functions: $1,000 for Citizen Corps and CERT participation in Drills and Exercises, vehicle
and communications use, and initial CERT training provided by Emergency Management
Department.
Page 9
16F6
! /.'$"i
I' _j
SECTION 11- Questionnaire - Cost Effectiveness (maximum 10 points)
1. A) Start UD Proaram: _Yes _X_N/A
What is the cost per trainee for this Subgrant?
(Subgrant amount request) 1 (Number of Trainees)
B) Existina Proarams:
Note: Expansion programs can spend UD to 40% of their Subarant award on
refresher/advanced courses.
What is the cost per new trainee for this Subgrant?
$19,000 $5,1001 20 =$695
(Subgrant amount request - Refresher course amount) / Number of new Basic Avg/Trainees= Course Trainees
What is the cost of refresher and/or advanced Training for this Subgrant?
$5,100
Refresher/Adv Course $
40
Number of trainees
= $127.50
Average/trainee
2. Please provide a justification for the calculation of your cost per trainee ratio, For example,
describe what factors impact the costs involved in operating the CERT program,
For the designed grant period we plan on starting one more additional CERT team
(average of 20 members) above and beyond our existing 12 and not including the
proposed Ave Maria CERT team that is already in the start up phase. The budget is
comprised of salaries for trainers, mileage, course materials, and course fees.
Page 10
."""-r
16F6
Section III - Proposed Budget (maximum 20 points)
Program Name: Collier County Citizen Corps Advisory Committee
1. Planning Activities
1,1 Public Education/Outreach: Brochures
1000
$.89
$890
$1,500
1.2 Citizen Partici atian: Seminars, Briefin 5
500
$3.00
Subtotll
$2,390
2. Organizational Activities (limited to 25% of grantee's award): Support
meetings and partnership gatherings and includes administrative
supplies, hats, shirts, etc.
$2,290
$2,290
Subtotal
$2,290
3. Equipment Activities: Laptop and projector
$2,000
$2,000
PPE Equipment: CERT Kit (new team) and replacement equipment for
existing teams
60
$70
$4,200
Subtotal $6,200
4. Training Activities: Train the Trainer, Ancillary courses 4 $1,200 $4,800
Travel 4 $500 $2,000
Course Materials: manuals, gloves, splints, etc. 60 $22 $1,320
Subtotll $8,120
5. Exercise Activities: Full-Scale participation covered under In-kind
and provided through use of vehicles, Communication equipment
and ancillary training
Subtotal
6. Mana ement & Administration no reater than 3% of total award
5.1 Personnel Activities:
SUbtotl'
'Examples of non-expendable equipment include: laptops, LCD projectors, video screens, etc.
Page 11
--r -----
16F6
Proposed Budget Narrative:
Please provide more detail regarding the line items listed above including al/3 c items over $100
1. Planning Activities:
. Informational brochures: .89 per 1000= $890
. Citizen Participation: attendance at seminars and briefings, education materials 500 X $3,00 =
$1,500
2. Organizational Activities: ($2,290) to support partnership meetings with local and regional agencies
and administrative supplies
3. Equipment
. Laptop and Projector at $1,000 each
. CERT Kits - 60 kits at $70,00 each
4. Training Activities
. Trainer - 40 hours X 4 trainers X $30.00 per hour = $4,800
. Travel - 990 miles X 4 trainers X $0,505 per mile = $2,000
. Course materials - 60 X $22.00 = $1,320
5. Exercise Activities: Covered through Emergency Management funding
6. Management and Administration: NIA
Section IV - Program Narrative (maximum 40 points)
"This section cannot exceed five (5) pages. (Note: All items mentioned below MUST be addressed in
this section. EACH QUESTION & QUESTION SUB-PART MUST BE ANSWERED.)
1. Please discuss your implementation plan for the CERT program. This should include, at
minimum:
a, Strategy and methodology for recruitment of trainees;
b. A tentative schedule of training classes during the contract period (indicate tentative start
date of each course taking place between (July 1, 2008- September 30, 2009);
c. Plans to maintain CERT members after graduation from the course;
d. Plans to use CERT graduates in emergency situations;
e, Plans to maintain the CERT program after tunding has ended; and
f. Any additional programmatic information specific to your program.
2. Identify the number of emergency management organizations or the targeted population area
whose emergency management needs will be directly benefited by this program.
3. Discuss why this particuiar method was chosen.
4, Discuss the Applicant's experience and ability applied to the program.
All questions and question sub-parts have been answered in the Narrative and have been
highlighted in yellow with the corresponding question number.
2008 Citizen Corps/CERT Program
Subgrant Narrative
On behalf of the Collier County Citizen Corps Advisory Committee, the Collier County
Emergency Management Department is honored to sponsor this esteemed committee in the
opportunity to obtain grant funding to support future plans and programming. In
response to the Citizen Corps mission our Citizen Corps Advisory Committee has greatly
increased their level of commitment, public outreach programs, support for the local
CERT programs, and establishment of partnerships between emergency services within
our local community.
Page ]2
----.---T.---~-.~.--
16F6
This committee has established a renewed sense of responsibility and vibrancy that has
added new meaning to their mission and blends extremely well with the mission ofthe
Collier County Emergency Management Department. (3) Our joint mission is to protect
communities by coordinating and integrating all activities necessary to build, sustain, and
improve the capability to mitigate against, prepare for, respond to, and recover from
threatened or actual natural disasters, acts of terrorism, or other man-made disasters.
Collier County has a population of over (2) 350,000 citizens and is a coastal community in
southwest Florida with the Gulf of Mexico to the west and the Florida Everglades to the
east. Given our location, severe weather is always a major concern and our community is
exposed to tropical storms and hurricanes from June through November. Emergency
Management has activated the Emergency Operations Center (EOC) eight (8) times in a
twelve (12) month span beginning with Hurricane Charlie and ending with Hurricane
Wilma.
Since its establishment in early 2002, the Collier County Citizen Corps Advisory
Committee has been well represented at each and every EOC activation and aided
immeasurably in advising our elected officials through the declaration process and also
greatly support all public education and safety outreach efforts. These members are well-
versed and have a great deal of (4) experience in effectively and efficiently dealing with
disasters. This renewed sense of responsibility is evident in their efforts to not only
establish more Community Emergency Response Teams (CERT), but to support their
training efforts and help unite them into a more cohesive team that allows for sustainability
and viability. 2008 has seen the establishment of three more CERT teams in the county
bringing our total to twelve, with the hopes of number 13 to be established in our newest
community of Ave Maria.
(1a) CERT recruitment efforts have also greatly increased, and through every safety
briefing, hurricane preparedness seminar, crime prevention talk, Medical Reserve Corps
meeting, and Citizen Corps meetings, we continually emphasize the critical need of these
vital community-based teams. (Ic) The committee realized that viability is also a
significant part ofteam sustainability and since Collier County has a very active and
vibrant Strategic Exercise program CERT members always participate in our tabletops,
functional and full-scale exercises. Most recently, we had over 70 CERT members
participate in our Mass Casualty/Extremely Hazardous Substance full-scale exercise and
we will continue to utilize their services as players and victims.
(It) Training initiatives have also become a priority and the Citizen Corps Advisory
Committee's plan of action is to help unify all twelve teams through combined training and
exercises. We do not want to strip these teams oftheir own local identities; however, we
want to create a cooperative partnership between CERT teams, Emergency Management,
Public Safety Agencies, Health Care Systems, Non-Profit Organizations, and Mutual Aid
Entities. Our first foray into combined training occurred when we invited several Citizen
Corps members, and several CERT team members to attend a Terrorism course in Pinellas
County. It was a huge success and we plan on setting up a yearly training schedule that
will include the normal CERT training classes, and additional courses offered locally or
regionally to help better educate CERT members and to help keep them viably interested.
(Ie) Unification and mutual collaboration would also help eliminate duplication of efforts,
reduce cost of manpower and man hours, and take full advantage of the training offered.
Unification would also create a cooperative and concerted effort in raising funds to sustain
operations once the grant funding has ended.
Page 13
..--..-r-...----.-"~
16F6
(ld) Involvement in local activities is also a "key to success" in ensuring sustainability and
viability. Besides exercise involvement, several CERT members now sit on the Citizen
Corps Advisory Committee, Neighborhood Watch Programs, Medical Reserve Corps, EOC
team, Local Mitigation Strategy team, and the Department of Health Red-Plan team.
Their involvement in these planning processes has created a sense of ownership and greatly
enhances efforts to kee~ Collier County safe from any and all disasters. When a disaster
arises, it is comtorting 0 'i<now that the Department of ~mergency l\1anagement can can on
these well-trained teams to conduct light search and rescue operations, assist with triage
operations, conduct first aid, and take care of their communities for at least the first 72
hours after the disaster strikes.
Tentative Training Schedule
lb)
Citizen Corps/CERT Training I
For the Period of July 1, 2008 to 30 August January March May
SeDtember, 2009 2008 2009 2009 2009
Will include Citizen Corps members Train the Triage CBRNE Hurricane
as well as existing and newly Trainer and First Training Preparedness
established CERT Teams Aid
Refresher
Section V - CERT Mission - Community Integration (maximum 20 points)
(NOTE: Questions 6 through 10 require short answers. This section cannot exceed (3) pages. If
attaching additional pages please clearly identify each question and section number,)
The Citizen Corps mission is to bring community and government leaders together to involve community
members in all-hazards emergency preparedness, planning, mitigation, response and recovery.
1. Name of Jurisdiction: Collier County, Florida
2, Area Covered: Collier County, Florida
3. Does the jurisdiction currently have a Florida Registered Citizen Corps Council? Please list
Registered Council below.
.JLYes
No
Collier County Citizen Corps Advisory Committee
4. Name of the CERT Program: We have 12 registered CERT teams throughout Collier County and
the plan of the Collier County Citizen Corps Advisory Committee is to support all 12 and any
newly established teams.
Page 14
.T~-.
16F6
5. Sponsoring Agency Applying for Sub-Grant: Collier County Emergency Management Department
6. Detail how the Citizen Corps/CERT Program specifically fulfills/supports a part of the Citizen Corps
Mission in the community (see mission statement in instruction pages above):
The Collier County Citizen Corps Advisory Committee has been well represented at each
and every EOC activation and aided immeasurably in advising our elected officials
through the declaration process and also greatly support all public education and safety
outreach efforts. The Collier County Citizen Corps is also a great advocate of all the CERT
teams throughout the county and will lend support through training efforts to better aid in
planning, mitigation, response to and recovery from any and all disasters.
7. Detail specifically how Citizen Corps/CERT training in your community promotes partnership efforts
between emergency services in your community and the people they serve.
The Citizen Corps in collaboration with our local CERT teams have always played a major
role in participating in all local exercises and a few regional exercises as well. This
training greatly improves their ability to appropriately deal with all-hazard scenarios and
greatly compliments all of the emergency services within Collier County during times of
disaster. The Citizen Corps Advisory Committee has attended several all-hazard training
courses as well as Terrorism (Suicide Bombing) courses offered throughout the state.
8. Detail specifically how the Citizen Corps/CERT program assists families, neighborhoods and
businesses with preparation, response and recovery from major disasters/incidents in a neighbor-helping-
neighbor community spirit.
The Citizen Corps members were very instrumental during our activations in
communicating with our elected officials, supporting shelter operations, and assisting
with emergency hotel accommodations. The CERT teams were very valuable entities in
ensuring that their local neighborhoods were well taken care of during Hurricanes Charley
and Wilma. In alignment with our Emergency Management "Motto" of the "First 72 are up
to You", these teams worked tirelessly in support of all emergency response and public
safety agencies. They served Collier County through search and rescue efforts, debris
removal, POD distribution, and light first aid efforts.
9. Specifically indicate how Citizen Corps/CERT activities interface support for National priorities:
. Expanding regional or area collaboration
. How does Citizen Corps/CERT support the National Infrastructure Protection Plan (NIPP)
goal of bringing together various partners to enhance security, mitigation of risk and
training of citizens
. How does Citizen Corps/CERT improve information sharing and collaboration capabilities
with other groups
. How does Citizen Corps/CERT strengthen interoperabiiity of communications
. How does Citizen Corps/CERT strengthen CBRNE (Chemical, Biological,
Radiological/Nuclear and Explosive) detection, response and decontamination
understanding by citizens through education or other means
. How does Citizen Corps/CERT strengthen Medical Surge capabilities
Our Citizen Corps Advisory Committee has hosted several members of the American Red
Cross, Salvation Army, CERT teams, and Department of Health from our neighboring
counties to our meetings in an effort to share information and forge better partnerships.
Our Citizen Corps membership is widespread as they are also viable members of several
critical teams throughout the county. These members serve on the Local Mitigation
Page 15
~_.._,.~.~~-
16F6
Strategy team, Coast Guard Auxiliary, Emergency Operations Center team (ESF support),
Local American Red Cross, and United Way organization. Many of our key members of
our CERT programs also are deeply involved in these organizations.
As referenced above, we are a very diverse and well-placed organization that always
welcomes guests to our meetings and will always share any and all information intended
to protect Collier County Citizens and their property.
All Citizen Corps members and many of our local CERT teams have taken communications
training on 800 MHz radios as well as many of the redundancy communications in the
Department of Emergency Management's Mobile Command Vehicle. Many members of
both teams have participated in our Full-Scale Exercises and have worked the 800MHz in
support of EMS and Fire.
Our most recent Full-Scale Exercise involved a Mass Casualty and an Extremely
Hazardous Substance Scenario and many members of both teams participated and gained
an education in detection, response to, containment, and decontamination procedures.
Furthermore, several members of the Citizen Corps Advisory Committee's senior
leadership have attended courses involving CBRNE training and have shared their
knowledge with fellow team members and our citizens in general.
In reference to our most recent Full-Scale Exercise, over 70 Citizen Corps and CERT team
members participated in determining the Surge Capacity capabilities of all four of our local
hospitals. There participation greatly enhanced the hospitals plans and provide hands on
training for all first responders and medical providers.
10. Specify how this CITIZEN CORPS/CERT MISSION has been or will be integrated into an OVERALL
CITIZEN CORPS COUNCIL MISSION IMPLENTATION STRATEGY PLAN - either by adoption of the
CITIZEN CORPS/CERT MISSION directly by the Citizen Corps Council once formed or once they
complete their Plan or by what other means?
The CERT Mission Annex has been adopted into the Citizens Corps Council Mission
Implementation Strategy Plan of which the Collier County Emergency Management
Department adheres to.
11. Does the applying governmental jurisdiction accept this CITIZEN CORPS/CERT ANNEX as valid
documentation of the role of CERT to partially meet educationltraininglauxiliary preparedness, response
and recovery mission role for Citizen Corps in the jurisdiction?
-1L- Yes No
12. If your community/county has a Florida Registered Citizen Corps Program in its jurisdiction complete
the follow information:
Name of Citizen Corps Program: Collier County Citizens Corps
Contact Person: Jim von Rinteln
Phone Number: 239-252-8911
E-Mail: JamesVonRinteln@colliergov.net
PagtO 16
- .. .-T.-.. --.-.---
16F6
EVALUATION CRITERIA
1. GENERAL
A. All Applications properly submitted and responsive will be accepted by the FDEM, FDEM
reserves the right to make a final selection without further discussion of the applications
submitted.
B. A non-responsive Application shall include, but not be iimited to, those that:
I. are irregular or are not in conformance with the requirements and instructions in this
Application Guide;
II. have improper or undated signatures;
III. fail to use or complete all required forms;
IV. are conditional Applications;
V. are incomplete Applications;
VI. are not received on or before the closing deadline;
VII. propose a project that cannot be completed within the contract period, will require
additional funding to implement, or cannot be implemented upon completion for any
reason; or
ViiI. are proposed by a local government whose adopted comprehensive plan has not been
found to be in compliance with Chapter 163, Part II, Florida Statutes.
THE RESPONSIVENESS OF AN APPLICATION SHALL BE DETERMINED BASED UPON
THE DOCUMENTS SUBMITTED WITH THE APPLICATION. A NON.RESPONSIVE
APPLICATION WILL NOT BE CONSIDERED.
C. FDEM may waive minor irregularities in the applications received where they are merely a matter
of form and not substance, and the corrections of such ARE NOT PREJUDICIAL to other
applicants, Variations which are material to the scoring shall not be waived.
6. SCORING
A. Each Application will be reviewed by a selection committee of at least three (3) members,
including at ieast three (3) FDEM employees with knowledge of the solicited services, Each of
the Applications will be evaluated with reference to the terms of this Application for Subgrant, and
the Evaluation Score Sheet below. Total point scores for each Application shall be calculated by
the committee in determining recommended awards.
Any requirement of this solicitation which indicates the consequence of noncompliance shall be
strictly enforced.
Page [7
~--""-"'-T'. ....._.- -,"
Number
Title
16F6
Fiscal Year 2008/2009
Citizen Corps/CERT Grant Program
EVALUATION AND SCORING SHEET
1,
Demonstrate Sustalnabllity (Section I)
a. Does the applicant identify what functions they pian to provide beyond subgrants
dollars requested?
D
(Max 10 pts)
---------------------------------------------------
2.
Cost Effectiveness (Section II and III)
a. Does the applicant identify and demonstrate cost-effectiveness in new, refresher
and/or advanced trainings?
b. Are these projects and their timeframes realistic?
D
(Max 15 pts)
----------------------------------------------------
3. Proposed Budget (Section II and III)
a. Does the proposed budget for the project describe how it is necessary and
appropriate to the scope of the project?
D
(Max 15 pts)
----------------------------------------------------
D
4.
Project Method and Approach (Section IV)
(Max 15 pts)
----------------------------------------------------
5.
Experience and ability applied to project (Section IV)
D
(Max 10 pts)
----------------------------------------------------
6. Consistency with Natlonal/State Priorities (Section IV and V)
a. Explains consistency with State CEMP
b. Consistency with Local CEMP
c. Consistency with DHS Citizen Corps/CERT Community Integration Plan
I
(Max 35 pts)
----------------------------------------------------
7.
Impact by environmental clean-up initiative or Front Porch Community
(Tiebreaker)
D
----------------------------------------------------
TOTAL POINTS
General Comments:
Page 1 8
-T
16F7
fe.
1
MEMORANDUM
Date:
May 14, 2008
To:
Artie Bay
EMS, Operations Analyst
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Submittal of a State Emergency Response Team sub-grant for
the Department of Homeland Security (DHS) and
the State of Florida Division of Emergency Management
to establish a Citizens Emergency Response Team (CERT)
Program for the Town of Ave Maria
Attached please find the original grant application referenced above,
(Agenda Item #16F7) approved by the Collier County Board of
County Commissioners on Tuesday, May 13, 2008.
If I can be of any further assistance, please call me at 252-8406.
Thank you.
Attachments (1)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLl} 6 F 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 Olfice only after the BOllrd 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
exceotion of the Chainnan's SiRll8Wre, draw a line throu2h routing lines 1/ I through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routine order)
1. -"--- "---
2. ------ --- -----
,--
3. ---- -'
----- ----
4. -_.'-- :Jnht'
-- - ..' ,iC.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the Bee office only after the Bec has acted to approve the
item.)
Name of Primary Staff Artie Bay Phone Number 252-8459
Contact
Agenda Dlte Item was 5/13/08 Agenda Item Number 16F7
ADDroved bv the BCC
Type of Document Cover Letter and Grant Application Number of Original I each
Attached Time Sensitive - Plea,e Call for Pick-up of Documents Attached
ori!(inal documents
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO .ate.
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 Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCe 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 hy the BCC on_5/13/08_(enter date) and all
changes made during the meeting have been incorporated in the attached document.
The Coun Attorne's Office has reviewed the chIn es, If I IIcable.
Yes
(Initial)
2,
3,
4.
5,
6.
(I)
cli
I
1: Forms! CoWlty Forms! BCe Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
T
?l3oanl o/Yfoll;p}1 Yfo((n~1f Yf;~mmu4M~6
3301 East Tamlami Trail- Naples, Florida 34112 - 4917
(239) 252-8097 . Fax (239) 252.3602
16F7
@
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
May 13,2008
CERT Grant Application
Department of Community Affairs
Division of Emergency Management
2555 Shurmard Oak Blvd. (Room 215-E)
Tallahassee, FL 32399-2100
To whom it may concern:
The Collier County EMS! Fire Department formally submits the enclosed application for the
Florida Division of Emergency Management, Citizens Corps, Community Emergency Response
Team Sub-Grant. The funding of this grant application will enable the Collier County EMS I Fire
Department to develop a Community Emergency Response Team (C'.E.R.T.) in order to provide
the rescue and recovery of injured, trapped or isolated people in a post-disaster scenario and to
better address the hazards and restoration of services to Collier County.
The Collier County EMS! Fire Department will commit to incur all costs associated in
maintaining this program once established and will be continued under the operations budget.
The staff charged with administering this program would be:
Wayne Watson
Deputy EMS I Fire Chief
1705 So. Horseshoe Drive, Suite 202
Naples, FL 34104
Phone: 239-252-8459
Fax 239-775-4454
Greg Pacter, FPEM
Collier County EMS! Fire Department
1705 So. Horseshoe Drivc, Suite 202
Naples, FL 34104
Phone: 239-252-8459
Fax: 239-775-4454
. \ ',.':,r.
.~\
The Collier County EMS! Fire Department is the sole applicant for this grant and assumes full
responsibility for the administration of this project as well as full linancial responsibility in
compliance with State of Florida Administrative Code 9G-19
:;;'
Tom~, Chairman
Collier County Board of ComnllSsioners I ' I "
". I' ~~
) .,
..nEST:
jGWIGHT E. BRoCK, Clf~
A?J~t~k~O{ ()~
Ifonatur.onJ. '
-"""1"""
16F7
TITLE PAGE
This is the start of the Application, Please do not send in the instruction pages before this page when
submitting your application.-
Date _ by FOEM
FDEM/DHS Federal FY 08 Applicant Questionnaire
Citizen Corpsl CERT Sub-grant Program
FDEM- Engaging Florida's Communities in All-hazard Preparedness
Application Type (please check one):
o Start-Up
D Expansion
Amount Requested for Sub-Grant:
$ 17,97700
Please indicate the sponsoring agency/group:
N/A
_ City Emergency Management Office
_ County Emergency Management
_ Citizen Corps Council
~ Fire/Rescue Service
Native American Tribe
Fire Tax District
_ SherifflPolice Agency
Applicant information
Name of Organization:
Collier Countv EMSIFire Department
Address:
2705 So. Horseshoe Drive, Suite 202
City:
Naples
County: Collier
Zip Code: 34104
FederallD #:
59-6000558
Point of Contact (If this chanoes at anv time olease send e-mail with new individuals information to:
CitizenCoros@em.mvflorida,com and a follow up letter.
Name:
Greo Pacter
Phone:
239-252-8459
Fax:
239-775-4454
Emaii:
areaoacter@collieraov.net
.......................................................................................
Authorized Signature (Please refer to the Note on page 2.)
Signature:
Title: Chairman
.
Date:
" n
Cy
~jV1~.:~
/'loJ',) i .';..".~.'" '- . j
(Note: If the sianature is not bv the Mavor. ChairDerson of the County Commission. President or
Chairperson of the Tax or Fire District or oovernment iurisdiction then a formal noticll.of dele$llltion of'.'
authority to sian contracts bv the aovernino bodv MUST be attached to this sheet. .
ATTEST~: '.
DWIGH1',E ;~ROCK. Clerk'-;
rjl~;Il~' .", .c.
~'f~ . .. _
- " .. 1 ..
,1Qft1tlir"e '. " _-,-_u
Page R
16F7
FLORIDA
citizen~
~corps
Section 1- Questionnaire (maximum 10 points)
(NOTE: Please indicate responses with an "X'')
1. Is a letter of support from the corresponding County Emergency Management Agency included with
this application (select ONLY one):
--.lL Yes
No
If no, please explain why a County Emergency Management Agency corresponding letter is not
included,
2, Do you plan to provide or expand this Subgrant to train more CERT members or provide support
beyond the Subgrant dollars requested?
-1L- Yes
No
Briefly detail "in-kind" functions and estimated dollar value in the section provided below.
In kind contributions to include $3,000 for manual reproduction and $400 for office supplies.
Page 9
16F7
SECTION 11- Questionnaire. Cost Effectiveness (maximum 10 points)
1.
A) Start UD Proaram: -2L-Yes
N/A
What is the cost per trainee for this Subgrant?
$17,977 I 100
(Subgrant amount request) I (Number of Trainees)
=
$179,77
B) Existinll Proarams:
Note: Expansion programs can spend UD to 40% of their Subarant award on
refresher/advanced courses.
What is the cost per new trainee for this Subgrant?
I
=
(Subgrant amount request - Refresher course amount) I Number of new Basic AvgITrainees= Course Trainees
What is the cost of refresher andlor advanced Training for this Subgrant?
=
Refresher/Adv Course $
Number of trainees
Average/trainee
2. Please provide a justification for the calculation of your cost per trainee ratio. For example,
describe what factors impact the costs involved in operating the CERT program.
The cost per trainee was determined by taking the total budget for the
program and dividing it by 100, which is the number of trainees targeted for
this program. The budget is comprised of salaries for trainers, mileage,
CERT kits, a laptop and projector, as well as miscellaneous expendable
items which will be used in the training, such as bandages, gloves, splits
and fire extinguishers.
Page 10
16F7 h'~
Section III - Proposed Budget (maximum 20 points)
Program Name:
Ave Maria CERT
1. Planning Activities
1.1 Public Education/Outreach
1.2 Citizen Partiei alion
Subtotal
2. Organizational Activities (limited to 25% of grantee's award)
Subtotal
3. Equipment Activities: Laptop and projector
2000
2,000
PPE Equipment: CERT Kit
100
69.95
6,995
Course Materials: Bandages, gloves, splints, fire extinguishers, etc.
100
20
2,000
Subtotal
10,995
4. Training Activities: Trainer
3000
3,000
Travel
1364
1,364
Subtotal
4,364
5. Exercise Activities: Trainer
1800
1,800
Travel
1000
818
Subtotal
2,618
5. Mana ernent & Administration no reater than 3% of total award)
5.1 Personnel Activities
Subtotal
'Examples of non-expendable equipment include: laptops, LCD projectors, video screens, etc.
Proposed Budget Narrative:
Please provide more detail regarding the line items listed above including a//3 c items over $100
Page 11
I~"----
16F7
f.;..~
I
3. Equipment
. Laptop and Projector at $1,000 each
. CERT Kits - 100 kits at $69.95 each
. Course Materials including bandages, gloves, splints, gloves and fire extinguishers $20 per
person for 100 trainees.
4. Training Activities
. Trainer - 40 hours X 3 trainers X $25 per hour = $3,000
. Travel - 900 miles X 3 trainers X $0.505 per mile = $1,364
5, Exercise Activities
. Trainer - 24 hours X 3 trainers X $25 per hour = $1,800
. Travel- 540 miles X 3 trainers X $0.505 per mile = $818
Page 12
Section IV - Program Narrative (maximum 40 points)
16F7
'I
"This !Section cannot exceed five (5) pages. (Note: All items mentioned below MUST be addressed in
this section. EACH QUESTION & QUESTION SUB-PART MUST BE ANSWERED.)
1. Please discuss your implementation plan for the CERT program. This should include, at
minimum:
a. Strategy and methodology for recruitment of trainees;
b. A tentative schedule of training classes during the contract period (indicate tentative start
date of each course taking place between July 2008- September 30, 2009);
c. Plans to maintain CERT members after graduation from the course;
d. Plans to use CERT graduates in emergency situations;
e. Plans to maintain the CERT program after funding has ended; and
f. Any additional programmatic information specific to your program.
2. Identify the number of emergency management organizations or the targeted popuiation area
whose emergency management needs will be directly benefited by this program.
3. Discuss why this particular method was chosen.
4. Discuss the Applicant's experience and ability applied to the program.
Section V . CERT Mission - Community Integration (maximum 20 points)
(NOTE: Questions 6 through 10 require short answers. This section cannot exceed (3) pages. If
attaching additional pages please clearly identify each question and section number.)
The Citizen Corps mission is to bring community and government leaders together to involve community
members in ai/-hazards emergency preparedness, planning, mitigation, response and recovery.
1. Name of Jurisdiction: Collier County, Florida
2. Area Covered: Collier County, Florida
3. Does the jurisdiction currentiy have a Florida Registered Citizen Corps Council? Please list
Registered Council below.
-1L Yes
No
4. Name of the CERT Program: Ave Maria CERT
5. Sponsoring Agency Applying for Sub-Grant: Collier County EMS I Fire Department
Page 13
,-
6. Detail how the Citizen Corps/CERT Program specifically fulfills/supports a part of the ~6 F 7
Corps Mission in the community (see mission statement in instruction pages above):
The C.E.R.T. program enlists the support of the very people that will be affected by a
disaster. Through community education of the local citizens in the areas of hurricane
characteristics and behavior, fire safety and extinguishment, terrorism, evacuation
procedures, sheltering, special needs identification, pre and post disaster measures and
response as well as group organizations under the National Incident Management System
(NIMS) the C.E.R.T. concept directly reflects the Citizens Corps Mission with in the
community.
7. Detail specifically how Citizen Corps/CERT training in your community promotes partnership
efforts between emergency services in your community and the people they serve.
The CERT program allows for the enhancement of emergency services within the town of
Ave Maria, by involving the community, the university and its members to function as
partners with local emergency responders. CERT members can make a marked
contribution to the communities not only in the recovery phase of operation following a
disaster but also in the day to day operations in such areas as the search for a lost child
or the enhancement of community alertness to prevent a terrorist act. CERT members can
participate in such areas as the distribution of emergency supplies and equipment, assist
in directing traffic, facilitate the dissemination of information in events such as a pre
hurricane landfall, terrorist attack or an outbreak of the avian flu. In recent disasters such
as Hurricane Charlie and Wilma we recognized areas of our own community that were
isolated and vulnerable to a delay in response. With the augmentation of CERT programs
in these areas aid will come faster to the victims in those areas.
8. Detail specifically how the Citizen Corps/CERT program assists families, neighborhoods and
businesses with preparation, response and recovery from major disasters/incidents in a neighbor-
helping-neighbor community spirit.
Past disaster situations have shown that in times of a disaster people will generally do
whatever is necessary to help their family, friends and neighbors. This willingness to help
is why the CERT program was developed and is currently a Federally recognized program.
The CERT training will provided members of the community training in such areas as;
hurricane and tornado preparedness, fire safety and extinguishment, medical triage,
disaster medical care, basic search and rescue, terrorism awareness and preparedness
and disaster grief awareness. Additionally augments to the current CERT program can
include such areas as training in damage assessment, lost person search, and traffic
control.
By enlisting local residents and university students in the initial emergency response
operations to their own neighborhoods at the time of a disaster would greatly increase the
chance of survival among the unfortunate victims of a disaster. Utilizing local residents
and university students to provide basic emergency care until the arrival of emergency
service personnel could mean the difference between life and death. The CERT program
is a cost effective way to enhance public safety before, during and after a catastrophic
event.
9. Specifically indicate how Citizen Corps/CERT activities interface support for National priorities:
. Expanding regional or area collaboration
. How does Citizen Corps/CERT support the National Infrastructure Protection Plan (NIPP)
goal of bringing together various partners to enhance security, mitigation of risk and
training of citizens
. How does Citizen Corps/CERT improve information sharing and collaboration capabilities
with other groups
. How does Citizen Corps/CERT strengthen interoperability of communications
. How does Citizen Corps/CERT strengthen CBRNE (Chemical. Biological,
Radiological/Nuclear and Explosive) detection, response and decontamination
understanding by citizens through education or other means
. How does Citizen Corps/CERT strengthen Medical Surge capabilities
Page 14
16F7
The State of Florida and the United States are highly vulnerable to both natural and man
made disasters such as seen with Hurricane Charlie, Katrina and Wilma, the 911 terrorist
attacks and the recent tornados in Central Florida.
With such large scale events, emergency service providers are quickly overwhelmed and
unable to provide adequate timely service where many victims wait hours maybe days for
help to arrive in the aftermath of a disaster.
The training received by CERT members enhances a community's ability to respond to
and recover from a disaster or terrorist event. Through training members learn what steps
to take to secure their homes and families, protect their communities and respond to the
needs of others.
In the module training the members learn about the incident management system and
communications from observers in the field to the government responders thus enhancing
the flow of information. By learning signs and clues to trouble situations which present as
chemical, biological, radiological, nuclear and explosive events responders can focus
their response efforts where the information guides them.
The basic medical training received in the CERT program prepares members to assist in
the triage or sorting of victims to expedite care to the most critical victims and better
utilize the resources available after a catastrophic event.
10. Specify how this CITIZEN CORPS/CERT MISSION has been or will be integrated into an
OVERALL CITIZEN CORPS COUNCIL MISSION IMPLENTATION STRATEGY PLAN - either by
adoption of the CITIZEN CORPS/CERT MISSION directly by the Citizen Corps Council once
formed or once they complete their Plan or by what other means?
In speaking with Collier County Emergency Management (Citizens Corps Coordinator)
they have advised that the CERT Mission Annex has been adopted into the Citizens Corps
Council Mission Implementation Strategy Plan of which the Collier County EMS I Fire
Department follows and participates.
11. Does the appiying governmental jurisdiction accept this CITIZEN CORPS/CERT ANNEX as valid
documentation of the role of CERT to partiaily meet education/training/auxiliary preparedness.
response and recovery mission role for Citizen Corps in the jurisdiction?
-1L- Yes No
12, If your community/county has a Florida Registered Citizen Corps Program in its jurisdiction
complete the foilow information:
Name of Citizen Corps Program: Collier County Citizens Corps
Contact Person: Jim von Rinteln
Phone Number: 239-252-8911
E-Mail: JamesVonRinteln@coiliergov.net
Page 15
16F7
Section IV Prol!ram Narrative:
I. Please explain why you answered "No" to any of the questions in Section I.
2. Please discuss your implementation plan for the CERT program. This should
include, at minimum:
a. Strategy and methodology for recruitment of trainees;
b. A tentative schedule of training classes during the contract period (indicate
tentative start date of each course taking place between July 2007-
September 30, 2008);
c. Plans to maintain CERT members after graduation from the course;
d. Plans to utilize CERT graduates in emergency situations;
e. Plans to maintain the CERT program after funding has ended (*-note: this
item verv important * *); and
f. Any additional programmatic information specific to your program.
3, Please provide a justification for the calculation of your cost per trainee ratio. For
example, describe what factors impact the costs involved in operating the CERT
program.
I. All questions in Section I. have been answered to the affirmative.
2. It is the intent of the Collier county EMS / Fire Department to organize, train and
deploy a Community Emergency Response Teams for the Town of Ave Maria
and a partnership College Community Emergency Response Team (C-CERT)
with Ave Maria University, utilizing the newly developed C-CERT instructional
program
Recruitment ofteam members will be through various local civic and religious
organizations in and around the town of Ave Maria, where established community
organizations have queried the EMS / Fire Department regarding the organization
ofa CERT / C-CERT program.
In order to recruit perspective team members we will utilize various mediums
such as brochures (utilizing the format outline on the instructor disk), Newspaper
advertising, and speaking engagements available to the EMS /Fire Department at
various clubs and civic organizations, An overview of the CERT program that
was developed by other jurisdictions has been adapted to the Collier County EMS
/ Fire Department for presentation to the public,
The initial start date of the CERT program is projected at August 1,2008 with the
first class graduating towards the end of September, 2008. The Collier County
EMS / Fire Department is planning on conducting four classes over the next year
with at least 25 participants per class thus creating an initial CER T / C-CER T
Program of 100 members strong.
16F7
After the initial year of program startup and classes the Collier County EMS I Fire
Department will maintain and enhance the CERT I C-CERT program thru
continuing education, team meetings, annual CERT drills, participation in State
Conferences, regional meetings and the addition of new teams to our program
thru the continual offering of CER T I C-CER T classes.
The Collier County EMS I Fire Department is developing a Standard Operational
Guideline (SaG) for the CERT I C-CERT program in order to efficiently utilize
the resources available, The CERT members will not only be trained and
available for activation in their area after the onset of a disaster, but could be
called on to conduct such operations as: Assisting in the search for a lost child on
the beach, directing traffic at a large community event, collecting donations for
people in areas affected by disasters, and assisting agencies to get services to
residents of Collier County, to name a few.
The Collier County EMS I Fire Department is committed to not only starting the
CERT program but maintaining it for years to come.
3. The cost per trainee was determined from the purchase price of the basic CERT
equipment list as provided. In addition to the incurred kit costs, the salary of
instructors and the administrative time needed to put together a program and
present a professional instructed class was factored into the cost per student.
16F8
MEMORANDUM
Date:
May 14, 2008
To:
John Yonkosky, Budget Director
Management & Budget Office
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-133: Budget (appropriations)
for the Second Quarter for FY 07-08
Attached, for your records you will find one (1) copy of the Resolution, as
referenced above, (Agenda Item #16F8), adopted by the Board of County
Commissioners on Tuesday, May 13, 2008.
If you should have any questions, please call 252-8406.
Thank you.
Attachment (1)
-^~-~--I.-
16F8
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 # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's siQ:nature, draw a line through routine: lines #1 throulili #4, comnlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I.
2,
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of CoUrt'5 Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original d()(.:ument pending Bce approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one orthe addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCe Chairman's signature are to be deliven~d to the Bee olfice only after the Bee has acted to approve the
item)
Name of Primary Staff John Y onkosky Phone Number X8088
Contact
Agenda Date Item was 5/13108 Agenda Item Number 1611(
Approved bv the BCC
Type of Document Resolution '3=3 Number of Original ]
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initia] the Yes column or mark "N/ A" in the Not Applicabie column, whichever is
a fa riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most ietters, 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 ossibi State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chainnan's signature line date has been entered as the date ofBCC approval of the
document or the fin a] ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
]n most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nuilified. Be aware of our deadlines!
The document was approved by the BCC on 5/13/08 and all changes made during
the meeting have been incorporated in the attached docnment. The County Attorney's
Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
Yes
N/A (Not
A licable)
2,
3.
4,
5,
6,
4'~
Yes
~y
~
Yes
I: Forms! County Forms/ Bee Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
RESOLUTION NO. 08- 133
16F8
A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES,
TO AMEND THE BUDGET FOR THE SECOND QUARTER OF THE 2007-08 FISCAL YEAR.
WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred
to as "Board") at any time within a fiscal year may amend a budget for that year, and provides the procedures therefore; and
WHEREAS, the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments which
provide for but are not limited to: revenue from grants, donations or contributions, or insurance proceeds for a designated purpose.
WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2007-08 by resolution pursuant
to Section 129.06, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, that the budget amendments to the FY 2007-08 Budget described below are approved and hereby adopted and the
FY 2007-08 Budget is so amended.
BUDGET
AMENDMENT
FUND NUMBER
INCREASE
(DECREASE)
RECEIPT
INCREASE
(DECREASE)
EXPENDITURE
INCREASE
(DECREASE)
RESERVES
EXPLANATION FOR
APPROPRIATION
001 08-114(1/29/08-16F4) $250 $250 Recognize NCH fee for convenience & necessity.
001 08-188(3111 /08-16F 1) $2,237,200 ($2,237,200) Transfer funds from UFR fund to EMS.
116 08-1 56(2/26/08-16F7) $14,000 $14,000 United Way 4H Outreach Grant.
123 08-106(11I5/08-16D29) $4,938 $4,938 Grant funds for elder daycare.
191 08-105(11I5/08-16D27) $126,767 $126,767 Recognize SHIP income for housing rehabilitation.
306 08-1 07(1/16/08-16D II) $31,316 $41,755 ($ i 0,439) State of Florida grant for clean vessels.
426 08-1 57(2/12/08-16B4) $42,600 $42,600 Recognize developers contributions for bus shelters.
490 08-189(3/1 i/08-16FI) $2,380,000 ($142,800) $2,237,200 Replace anticipated reduced ambulance fees.
491 08-155(2112/08-16F I) $48,960 $48,960 Recognize FEMA AFG Grant for data processing.
496 08-166(2/26/08-1603) $29,300 $14,650 $14,650 Match Florida Dept. of Trans grant for security
enhancements.
BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resoiution in full among the minutes of
this meeting for pennanent record in his office.
This Resolution adopted this 13th day of May 2008, after motion, second and majority vote.
ATTEST: ..,,'" ,;,
DWIGHT E!;J3RO,CK, Cierk
BOARD OF COUNTY COMMISSIONERS
COLLIER C,~'I.' FLORI .
By: 'A'L~
TOM HENNING, C
BY:~ ~().(
DEPuty CLE ,", c'
atttlt... . ,
I fOll'turt. Ofll ·
Item # \{apg
Appro, ed
iency:
Jeffrey t: KlatZkOWJcounty Attorney
-1-
16G1
MEMORANDUM
Date: May 20, 2008
To: Debra Brueggeman, Executive Assistant
Collier County Airport Authority
From: Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re: Resolution 2008-134: Authorizing the Collier County
Airport Authority to enter into Master Joint Participation
Agreement 2008-A with FDOT to fund projects at the
Everglades Airpark, the Immokalee Regional Airport and
the Marco Island Airport
Attached are five (5) identical Resolutions as referenced above (Agenda
Item #16Gl) adopted by the Board of County Commissioners on Tuesday,
May 13, 2008.
Our office has kept an original which will be held as part of the Board's
permanent records.
If you should have any questions, you may contact me at 252-8406.
Thank you,
Attachments (5)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING" G 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT Tl'TU
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prim on pink paper. Attach to original document. Originul documents should be hand delivered 10 the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Oflice nnly after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate tor additional signatures, dates, and/or information needed, If the document is already complete with the
excention oflhe Chairman's signature, draw a line throul!h routim~ lines # I through #4, complete the checklist. and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
- -'-' _.._.~- ------~- -
2. ----- . .". ._----~_..._-,.,--~~-
---- " _n____. -..-.-
3. -.,. _.---- .- - --
.----" m~
-'
4. Colleen Greene County Attorney It---0b .;1)-"1 ()~
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 information is needed in the event one orthe addressees above, including Sue Filson, need to contact staff fi)r additional or missing
intormation. All original documents needing the Bee Chainmm 's signature are to be delivered 10 the Bee ofnce only after the BCe has acted to approve the
item)
Name of Primary Staff Debbie Brueggeman Phone Number 642-7878 Ex!. 34
Contact
Agenda Date Item was May 13,2008 Agenda Item Number 16Gl
Approved by the BCC
Type of Document Resolution U~ ~ [ "0 ~ Number of Original 6
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 of the County Attorney. This includes signature pages from ordinances.
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts. agreements. etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been 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 Bec office within 24 hours of Bee approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bec's actions are nullified. Be aware of our deadlines!
The document was approved by the Bce on 5/13/08 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chao es, if a IicabIe.
Yes
(Initial)
N/A(Not
Ap Iicable)
2.
3.
4.
5.
6.
'11M. ~
NH
(6
/' /)
Yvt,:)
IV / fl
",,)(3
I: [<'orms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24,05
RESOLUTION NO. 2008- 134
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, DELEGATING TO THE COLLIER COUNTY
AIRPORT AUTHORITY ALL AUTHORITY NECESSARY TO ENTER INTO
AND ADMINISTER THE ATTACHED MASTER JOINT PARTICIPATION
AGREEMENT NUMBER 2008-A WITH THE FLORIDA DEPARTMENT OF
TRANSPORT A TION
16G1
IT IS HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that
1. The Board of County Commissioners of Collier County, Florida, grants the
Collier County Airport Authority all authority necessary to enter into the
attached Agreement with the Florida Department of Transportation to undertake
projects as authorized by Chapter 332, Florida Statues, and Section 14-60 of the
Florida Administrative Code.
2. MJPA Number 2008-A, attached hereto, is hereby approved.
3. The Chairman of the Collier County Airport Authority, Stephen L. Price, is
hereby authorized, on behalf of the Collier County Airport Authority, to execute
the attached MJPA Number 2008-A with the Florida Department of
Transportation, and the Airport Authority is hereby authorized to administer the
Agreement unless and until it may be specifically rescinded.
4. This Resolution shall take effect immediately upon adoption.
ADOPTED this 13th day of Mav 2008 after motion, second and majority vote in favor
of adoption.
ATTEST:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By T~b
DWIGHT E. BROCK, Clerk
BY:_~~~I~~ C.
'..as't. aJ to . ~NlI
At.... ,'".,
.l~... Oft ..~. .~.
,
'"
Approved as tpfprrri and legal sufficiency:
Item# \ ~ (., l-
Agenda c:::- i?> -00
Date J If)
Date '5 -10 -0
Rec'd
nf:JJOf}.,(A. Jnfi~ 0 ,
Colleen Greene,
Assistant County Attorney
Y:\Administration\BCC\Resolutions\BCC FDOT MJPA l008-A.doc
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STATE OF FLORIDA DEPARTMENT OF TRANSFQRTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
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Financial Project No.: Fund: 010 FLAIR Approp.: 088719
See Exhibrt "8" Function: 215 FLAIR Obj.: 750004
{i1em-segmenl-ph ase-sequence} Federal No.: NA Org. Code: 55012020129
Contract No.: See Exhibit "6" DUNS No.: 076997790 Vendor No.: F596000558004
CFDA Number: NA CSFA Number: 55004
THIS AGREEMENT, made and entered into this
day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Collier County Airport Authority
2005 Mainsail Drive, Suite 1, Naples, FL 34114
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before See Exhibit "B"
and this Agreement will expire unless a time extension is provided
in accordance with Section 1 B.OO.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
332.006(6)
Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration ofthe mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
to provide a Master Joint Participation Agreement whereby the Department shall participate in multiple aviation projects
at Everglades, Immokalee and Marco Island Airports, (Which Agreement shall be identified as Master Joint Participation
Agreement 2008-A),
and as further described in Exhibit(s) A,8,C, and 0 attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
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2.00 Accomplishment 01 the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereofthis Agreement, with all practical dispatch, in a sound,
economical. and efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the A gency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedlrigs. Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit lie" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost ollhe project Is $ See Exhibit "8" This amount
is based upon the estimate summarized in Exhibit "B" atta ched hereto and by this reference made a part hereof this
Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ See Exhibit "B" as detailed in Exhibit "BII, or in an amount equal to the
percentage(s) oltotal project cost shown in Exhibit "8", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Departmenfs appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability offunds as stated in Section 17.00 olthis Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval 01 the project scope and budget (Exhibits A & 8) at the time appropriation authority
becomes available.
4.20 Front End Funding: Front end lunding 0 is @ is not applicable. II applicable, the Department
may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of partiCipation
as shown in paragraph 4.00.
5.00 Retainage: Retainage 0 is @ is not applicable. If applicable, NA percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Departmenfs discretion, on or before the completion of the final project audit.
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6.00 Project Budget and Payment Provisions:
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligaDons against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is
approved by the Department Comptroller.
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6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and far
three years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided far, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collaterai of the types and in the manner
as prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: In addition to the requirements below. the Agency agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request. The
following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any state agency inspector general. the Auditor
General, or any other state official.
The Agency shall comply with aU audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by
this reference made a part hereof this Agreement.
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7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMS Circuiar A-133 and Section
215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limned scope audits as defined by OMS Circular A-133, and/or other procedures. The Agency agrees
to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the
event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply
with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOI's
Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMS
Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a Single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised.
Exhibit "0" to this agreement indicates Federal resources awarded through the Department by this agreement. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133.
3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the
provisions of OMS Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit
must be paid from resources obtained from other than Federal entities.
4. Federal awards are to be identified using the Catalog of Federai Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and
a recipient of state funds, the fallowing annual audit criteria will apply:
1. I n the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,
000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters
10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules ofthe Auditor General.
Exhibit "0" to this agreement indicates state financial assistance awarded through the Department by this agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department, other state agencies, and other
nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. I n connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local govemmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient
elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate
entities.
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it.
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Part III Other Audit Requirements
1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit
findings require corrective action and status of findings.
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the
Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMS Circular A-133, as revised, and required
by Section 7.622 Part I ofthis agreement shall be submitted, when required by Section .320 (d), OMS Circular A-133,
by or on behalf of the recipient directly to each of the following:
A The Department at each of the following addresses:
801 North Broadway Avenue
Bartow, FL 33830
S. The number of copies required by Sections .320 (d)(1) and (2), OMS Circular A-133, submitted to the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), DMS Circuiar
A-133.
2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and
conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons
pursuant to section .320 (e)(2), OMS Circular A-133, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards
directly to each of the following:
801 North Broadway Avenue
Bartow, FL 33830
In addition, pursuant to Section .320 (t), OMS Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMS Circular A-133, and any management letters issued by the
auditor, to the Department at each of the fallowing addresses:
801 North Broadway Avenue
Bartow, FL 33830
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3. Copies offinanciaJ reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on
behalf of the recipient directly 10 each of Ihe following:
A. The Department at each of the following addresses:
801 North Broadway Avenue
Bartow, FL 33830
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by
or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
601 North Broadway Avenue
Bartow, FL 33830
5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this
Agreement shall be submitted timely in accordance with OMS Circular A-133, Section 215.97, Florida Statutes, and
Chapter 10.550 (Iocai govemmental entities) or 1 0.650 (nonprofit and for-profit organizations), Ruies of the Auditor
General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMS
Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department,
or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the
independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General
upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the
Department.
7.64 other Requirements: If an audit discloses any significant audit findings related to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest
in the lost equipment or facility. tn the event this Agreement is for purchase of land or for the construction of infrastructure
such as airport runways the Department may waive or modify this section.
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8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District One Public Transportation Office 801 North Broadway Avenue , FL,
33830 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S.
8.13 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(c) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or
pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
or
8.26 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If ."pplicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. I n the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department far all disallowed casts, including any and all
federal financial assistance as detailed in Exhibit "B,"
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
casts incurred by the Agency prior to the effective date of this Agreement, casts which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or ather
arrangements which have not been approved in writing by the Department.
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8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
9.00 Termination or SUB pension of Project:
9.10 Tennination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other
reason, the commencement, prosecution. or timely completion of the project by the Agency is rendered improbable,
infeasible. impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate any or all of ns obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph. the Agency shall proceed promptly to carry out the actions required therein
which may include any or all of the following; (1) necessary action to terminate or suspend, as the case may be, project
activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the
basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other
undertakings the cost of which are otherwise includable as project costs; and (3) remit to th e Department such portion of
the financing and any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule,
plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may othelWise have arising out of this Agreement.
9.12 The Department reselVes the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, F.S. and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as othelWise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with a ny third
party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
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12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion olthe Department, the Agency will involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compiiance with the Consultants' Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise lOBE) Policy and Obligation:
12.31 DBE Policy: It is the policy ofthe Department that disadvantaged business enterprises as defined
in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part wi~h Department funds under this Agreement. The DBE requirements of 49 CFR
Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance
of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not
discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted
contracts.
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out 01 any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination: rates of payor other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
13.20 Title VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title Viol the Civil Rights Act 01 1964 (42
U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title VIII - Civil Rights Act of 1968: Execution 01 this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
use 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
13.40 AmerIcans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.8.C. 12102, at.
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
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13.50 Prohibited Inte rests: The Agency shall not enter into a contract or arrangement in connection with the
project or any property included or planned to be included in the project, with any officer, director or employee of the
Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse
or child is an officer, partner, director, or proprietor or in which such officer, director or employee orthe officer's, director's
or employee's spouse or child, or any combination of them, has a material interest.
~Materiallnterest~ means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity.
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the Agency.
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility seNices the rates for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state government.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried. out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable pennits, and will reimburse the
Department for any loss incurred in connection therewrth.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that jf any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify
the Department in writing in order that appropnate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
1661
725-030.00
PUBLIC TRANSPORTATION
"""
P!lge11 ct14
14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for publiC transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
attriat
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities. the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Departmenfs satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in
8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
T61l1
725-03Q.06
PUBLIC TRANSPORTATION
"'''''
Page 12<:t14
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department,
during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
See Exhibit "B" . If the Agency does not complete the project within this lime period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
District Secretary or Designee Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Fonnat: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restriclione on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal ioan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form~LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, sub grants, and contracts under grants. loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
1661
725-030-06
PUBLIC TRANSPORTATION
-
Pag913<::114
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial SelVices. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition
to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of
Financial Services Hotline, 1-800-848-3792.
23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity.
16G1
, '
725..Q3Q.Q6
PUBLIC TRANSPORTATION
"'''''
Page 14d14
Financial Project No. See Exhibit "B"
Contract No. See Exhibit "B"
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
FOOT
Collier County Airport Authority
AGENCY NAME
See attached Encumbrance Fonn for date of Funding
Approval by Comptroller
~+~~n...", L... P,;cc:..
SIGNATO Y (PRINTED OR TYPED)
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
SIGNATURE
DEPARTMENT OF TRANSPORTATION
c nu.:, < """^- '"
TiTlE
Deputy Director of Transportation Development
TiTlE
1661
EXHIBIT "A"
PROJECTSINCLVDED
This exhibit forms an integral part of that certain Joint Participation Agreement between the State
of Florida, Department of Transportation and Collier County Airoort Authority. 2003 Mainsail
Drive. Naples. Florida 34114
dated
This master Joint Participation Agreement governs multiple projects that are individually identified
by Financial Project Management Number (FM Number) as set forth below. The contract number,
description, budget, original JP A execution date, and expiration date for each project are fully set
forth in Exhibit B hereafter. All terms and conditions of the Agreement apply to and govern each
project individually. When projects are to be added to or removed from this Agreement, such
changes shall be accomplished by the execution of a new master Joint Participation Agreement
between thc Department and the Agency.
F.M. NumberBrief
Descrintion
Bnde:et Pae:e Index
EVERGLADES AIRPARK
416181 19401
Purchase Slope Mower
Page 2 of 13, Exhibit B
IMMOKALEE AIRPORT
414298 1 9401
Rehab Runway Lights 9/27
Page 3 of 13, Exhibit B
Page I of2
16G1
EXISTING PROJECTS INCORPORATED
This master Joint Participation Agreement hereby incorporates certain projects, as detailed below,
which are presently funded by existing Joint Participation Agreements between the Department and
the Agency. Upon execution, this Agreement shall replace the existing Joint Participation Agreement
for such projects. All terms, conditions, obligations, rights, responsibilities, and requirements of this
Agreement replace those defmed by the existing Joint Participation Agreement for such projects.
Department approval for all contracts, change orders, third party agreements, and other similar
documentation previously issued for such projects is hereby transferred to this agreement, as ifissued
under this Agreement.
F.M. Number
Brief Descriotion
Budl!:et Pal!e Index
IMMOKALEE AIRPORT
410827 I 9401
Purchase & Install Emergency Generator Page 4 of 13, Exhibit B
MARCO ISLAND AIRPORT
404460 I 94 0 I Mitigation Phase III Page 5 of 13, Exhibit B
410788 I 9401 Surcharge/Const. of TW / Apron Phase 11 Page 6 of 13, Exhibit B
41429919401 Taxiway and Apron Page 7 of 13, Exhibit B
414370 I 9401 Mitigation Phase 11 Page 8 of 13, Exhibit B
414370 1 9402 Taxiway Phase 1 Page 9 of 13, Exhibit B
414370 1 9404 Update Airport Master Plan Page 10 of 13, Exhibit B
41437019405 Modify Apron Page 11 of 13, Exhibit B
41437019406 Land Acquisition Page 12 of 13, Exhibit B
41911619401 Rehabilitate Fuel Farm Page 13 of 13, Exhibit B
Page 2 of2
1661
EXHIBIT "B"
PROJECT BUDGETS
This exhibit forms an integral part of that certain Joint Participation Agreement between the State
of Florida, Department of Transportation and Collier County Airoort Authority. 2003 Mainsail
Drive. Naples. Florida 34114
dated
This master Joint Participation Agreement governs the projects identified on Exhibit A of this
Agreement. The Financial Project Management Number (FM Number), contract number,
description, budget, original JP A execution date, and expiration date for each project governed by
this Agreement are set forth in this Exhibit B.
Any other provision of this Agreement notwithstanding, the expiration or termination of this
Agreement as to any project or projects shall not cause the Agreement to expire or be terminated as
to other projects governed by this Agreement.
Unless otherwise expressly stated, all projects identified herein include design, engineering,
administration, construction, installation, and purchasing costs, as applicable to the project scope.
Such costs are eligible for Department participation and reimbursement.
Page I of 13
1661 ...
PROJECT BUDGET
EVERGLADES AIRPARK
FM Number: 416181 19401
Contract Number:
Original JP A Date:
Expiration Date: July 1,2010
PURCHASE SLOPE MOWER
I.
PROJECT COST:
$75,000
VI. PARTICIPATION:
Agency Participation
( 20 %)
$15,000
Maximum Department Participation,
( 80 %)
$60,000
TOTAL PROJECT COST
$75,000
VlI. PROGRAMMED STATE FUNDS
Project funds are programmed in the Department's Work Program in the following fiscal
year(s):
FY 08/09
$ 60,000
Project years may be advanced or deferred subject to Legislative appropriation or
availability of funds.
Page 2 of 13
166 1 '"
PROJECT BUDGET
IMMOKALEE AIRPORT
FM Number: 41429819401
Contract Number: AOV99
Original JPA Date:
Expiration Date: July 1,2010
REHABILITATE RUNWAY LIGHTS 9/27
1.
PROJECT COST
$ 175,000
n. PARTICIPATION:
Agency Participation
( 20%)
$35,000
Maximum Department Participation
( 80%)
$140,000
TOTAL PROJECT COST
$ 175,000
· State funding not to exceed one-half of the non-federal share.
III. PROGRAMMED STATE FUNDS
Project funds are programmed in the Department's Work Program in the following fiscal
year(s):
FY 07/08 $140,000
Project years may be advanced or deferred subject to Legislative appropriation or availability
of funds.
Page 3 of 13
1661
PROJECT BUDGET
IMMOKALEE AIRPORT
FM Number: 410827 19401
Contract Number: AOF 1 0
Original JP A Date: June 30, 2006
Expiration Date: July 1, 2009
PURCHASE AND INSTALL EMERGENCY GENERATOR
1.
PROJECT COST
$ 100,000
III. PARTICIPATION:
Agency Participation
( 20 %)
$20,000
Maximum Department Participation
( 80%)
$80,000
TOTAL PROJECT COST
$ 100,000
· State funding not to exceed one-half of the non-federal share.
III. PROGRAMMED STATE FUNDS
Project funds are programmed in the Department's Work Program in the following fiscal
year(s):
FY 05/06 $80,000
Project years may be advanced or deferred subject to Legislative appropriation or availability
of funds.
Page 4 of 13
16G1
PROJECT BUDGET
MARCO ISLAND AIRPORT
FM Number: 404460 194 0 I
Contract Number: AI526
Original JPA Date: June 7, 2000
Expiration Date: July I, 2009
MITIGATION (pHASE III) FOR PARALLEL TAXIWAY AND APRON
1.
PROJECT COST:
$350,000
11. PARTICIPATION:
Agency Participation
( 20%)
$70,000
Maximum Department Participation,
( 80%)
$280,000
TOTAL PROJECT COST
$350,000
111. PROGRAMMED STATE FUNDS
Project funds are programmed in the Department's Work Program in the following fiscal
year(s):
FY 02/03 $180,000
FY 03/04 $100,000
Project years may be advanced or deferred subject to Legislative appropriation or
availability of funds.
Page 5 of 13
t-- ._._,,~
166 I 1'"
PROJECT BUDGET
MARCO ISLAND AIRPORT
FM Number: 410788 19401
Contract Number: AOF09
Original JP A Date: June 30, 2006
Expiration Date: July I, 2009
SURCHARGE AND CONSTRUCTION OF TXIW A Y AND APRON - PHASE II
I.
PROJECT COST
$ 570,000
II. PARTICIPATION:
Agency Participation
( 20 %)
$114,000
Maximum Department Participation
( 80 %)
$ 456,000
TOTAL PROJECT COST
$ 570,000
'State funding not to exceed one-half of the non-federal share.
III. PROGRAMMED STATE FUNDS
Project funds are programmed in the Department's Work Program in the following fiscal
year(s):
FY 05/06 456,000
Project years may be advanced or deferred subject to Legislative appropriation or availability
of funds.
Page 6 of 13
----- ----1'----"----
1661
PROJECT BUDGET
MARCO ISLAND AIRPORT
PM Number: 41429919401
Contract Number: AOR09
Original JPA Date:
Expiration Date: July 1,2010
SURCHARGE AND CONSTRUCTION OF TAXIWAY AND APRON - PHASE
IV
1. PROJECT COST: $600,000
II. PARTICIPATION:
Agency Participation ( 20 %) $120,000
Maximum Department Participation, ( 80 %) $480,000
TOTAL PROJECT COST $600,000
III. PROGRAMMED STATE FUNDS
Project funds are programmed in the Department's Work Program in the following
fiscal year(s):
FY 07/08
FY 08/09
$280,000
$200,000
Project years may be advanced or deferred subject to Legislative appropriation or
availability of funds.
Page 7 of 13
"r-. .~-_._~
16G1
,",,.,
PROJECT BUDGET
MARCO ISLAND AIRPORT
FM Number: 414370 19401
Contract Number: ANH17
Original lP A Date: March 4, 2004
Expiration Date: July 1,2009
MITIGATION (pHASE II) FOR PARALLEL TAXIWAY AND APRON
1. PROJECT COST $ 1,150,538
II. PARTICIPATION:
Maximum Federal Participation ( . %) $ 1,085,484
Agency Participation ( 50%) $32,527
Maximum Department Participation ( 50%) $ 32,527
TOTAL PROJECT COST $ 1,150,538
'State funding not to exceed one-half of the non-federal share.
III. PROGRAMMED STATE FUNDS
Project funds are programmed in the Department's Work Program in the following fiscal
year(s):
FY 03/04 $7,527
FY 04/05 $25,000
Project years may be advanced or deferred subject to Legislative appropriation or availability
of funds.
Page 8 of 13
1 --.-
1661 .~
PROJECT BUDGET
MARCO ISLAND AIRPORT
FM Number: 414370 19402
Contract Number: ANF48
Original JP A Date: March 4, 2004
Expiration Date: July I, 2009
TAXIWAY SURCHARGE AND CONSTRUCTION PHASE I
I.
PROJECT COST
$ 150,526
II. PARTICIPATION:
Maximum Federal Participation
(' %)
$143,000
Agency Participation
(50%)
$3,763
Maximum Department Participation
(50%)
$3,763
TOTAL PROJECT COST
$150,526
'State funding not to exceed one-half of the non-federal share.
111. PROGRAMMED STATE FUNDS
Project funds are programmed in the Department's Work Program in the following fiscal
year(s):
FY 04/05 $3,763
Project years may be advanced or deferred subject to Legislative appropriation or availability
of funds.
Page 9 of 13
1661
PROJECT BUDGET
MARCO ISLAND AIRPORT
FM Number: 41437019404
Contract Number: ANF50
Original JP A Date: March 4, 2004
Expiration Date: July 1,2009
UPDATE MASTER PLAN
I. PROJECT COST: $110,850
II. PARTICIPATION:
Maximum Federal Participation
( * %) or $105,308
Agency Participation ( * %) $2,771
Maximum Department Participation,
( *%) $2,771
TOTAL PROJECT COST $110,850
· State funding not to exceed one-half of the non-federal share.
III. PROGRAMMED STATE FUNDS
Project funds are programmed in the Department's Work Program in the following fiscal
year(s):
FY 06/07 $2,771
Project years may be advanced or deferred subject to Legislative appropriation or availability
of funds.
Page 10 of 13
"T-
l-6i11 i~
PROJECT BUDGET
MARCO ISLAND AIRPORT
FM Number: 41437019405
Contract Number: AOK80
Original JP A Date: September 27, 2006
Expiration Date: July 1, 2009
MODIFY APRON
!.
PROJECT COST:
$67,044
II. PARTICIPATION:
Maximum Federal Participation
( '%) or $63,692
Agency Participation
( '%)
$1,676
Maximum Department Participation,
( '%)
$1,676
$67,044
TOTAL PROJECT COST
'State funding not to exceed one-half of the non-federal share.
III. PROGRAMMED STATE FUNDS
Project funds are programmed in the Department's Work Program in the following fiscal
year(s):
FY 06/07 $1,676
Project years may be advanced or deferred subject to Legislative appropriation or
availability of funds.
Page 11 of 13
- -l-."'--'"
1661 i"'lt
PROJECT BUDGET
MARCO ISLAND AIRPORT
FM Number: 41437019406
Contract Number: AOK79
Original JPA Date: September 27, 2006
Expiration Date: July 1, 2009
LAND ACQUISITION
\.
PROJECT COST:
$369,245
11. PARTICIPATION:
Maximum Federal Participation
( · 'Yo) or $350,783
Agency Participation
( . 'Yo)
$9,231
Maximum Department Participation,
( · 'Yo)
$9,231
$369,245
TOTAL PROJECT COST
· State funding not to exceed one-half of the non-federal share.
HI. PROGRAMMED STATE FUNDS
Project funds are programmed in the Department's Work Program in the following fiscal
year(s):
FY 06/07 $9,231
Project years may be advanced or deferred subject to Legislative appropriation or
availability of funds.
Page 12 of 13
.--...--.OT-..
16G1
PROJECT BUDGET
MARCO ISLAND AIRPORT
FM Number: 419116 19401
Contract Number: A0010
Original JP A Date: June 17, 2005
Expiration Date: July 1,2010
SUPPLEMENTAL NUMBER ONE:
REHABILITATE FUEL FARM
I.
PROJECT COST, AS APPROVED:
PROJECT COST, AS AMENDED:
NET CHANGE:
$ 280,500
$ 309,800
$ 29,300
II. PARTICIPATION:
Agency Participation
AS APPROVED:
AS AMENDED:
NET CHANGE:
( 50%)
$ 140,250
$ 154,900
$ 14,650
Maximum Department Participation,
AS APPROVED:
AS AMENDED:
NET CHANGE:
( 50%)
$ 140,250
$ 154,900
$ 14,650
TOTAL PROJECT COST
$309,800
III. PROGRAMMED STATE FUNDS
Project funds are programmed in the Department's Work Program in the following fiscal
year(s):
FY 04/05 $140,250
FY 07/08 $14,650
Project years may be advanced or deferred subject to Legislative appropriation or availability of
funds.
Page 13 of 13
",-'"---
1661
EXHIBIT "C"
AVIATION PROJECT REQUIREMENTS & PROGRAM ASSURANCES
This exhibit forms an integral part ofthat certain Joint Participation Agreement between the State of
Florida, Department of Transportation and Collier County Airport Authority. 2003 Mainsail Drive.
N aoles. Florida 34114
dated
SECTION 1 - A VIA nON PROJECT REQUIREMENTS
I. REQUIRED SUBMITTALS (AS APPLICABLE):
SUBMITTAL/CERTIFICATION
RESPONSIBILITY
Consultant Selection Compliance
(CCNA Certification)
Public Agency Attorney
Certification
Feasibility Study
Public Agency
Design Submittal
100% Plans, Specifications and Contract Documents
Engineer Certification'
Construction/Procurement
Public Agency
Audit Reports
Public Agency Annually
During Life of Project
, Criteria for development and certification of Plans, Specifications, and Contract Documents are
defined in Section VI of this Exhibit, "DESIGN DEVELOPMENT CRITERIA". Submittal
format is specified in Section VII of this Exhibit, "PLANS & SPECIFICATIONS FORMAT".
Page 1 of 12
n )..._..
16G1
,.,~,."
II. REQUESTS FOR REIMBURSEMENT (INVOICE SUBMITTALS) - In accordance with Section
215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement:
I. ReQuired Submittal Format
The Agency shall submit invoices on forms provided by the Department and prepared in
accordance with instructions given by the Department. Back-up documentation will include
the appropriate items necessary to verify costs incurred and the eligibility of said costs.
2. Approval of Submittal
Goods or services received under this agreement shall be approved/disapproved by the
Department no later than five (5) working days after receipt, by the District Public
Transportation Office, of a properly prepared and submitted invoice. Should the invoice be
incomplete or incorrect, the Department shall inform the Agency within five (5) working
days of receipt and return the invoice for corrections.
III. THIRD PARTY CONTRACTS
The Department must approve third party contracts pursuant to Paragraph 12.00 except that written
approval is hereby granted for;
I. Contracts for materials from a valid state or intergovernmental contract. Such materials must
be included in the Department approved project scope and/or quantities.
2. Contracts, purchase orders, and construction change orders (excluding engineering consultant
services) up to the threshold limits of Category Three. Such contracts must be for services
and/or materials included in the Department approved project scope and/or quantities.
Purchasing Categories and Thresholds are defined in Section 287.0 I 7 Florida Statutes, and in
Rule Chapter 60, Florida Administrative Code. The threshold limits are adjusted periodically
for inflation, and it shall be the sole responsibility of the Agency to ensure that any
obligations made in accordance with this section comply with the current threshold limits.
Obligations made in excess of the appropriate limits shall be cause for Department non-
participation.
3. Contracts, purchase orders, and construction change orders that exceed the current JP A
budget, provided they are within the threshold limits of Category Thee, as defined in Section
287.017 Florida Statutes, and in Rule Chapter 60, Florida Administrative Code. Such
contracts must be for services and/or materials included in the Department approved project
scope and/or quantities.
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i4 ~~'t-il
This approval does not represent a State financial commitment for funds exceeding the current IP A
budget unless and nntil the IP A is supplemented to provide for the additional cost.
In all cases, the Agency shall include a copy of the executed contract or other agreement with the
backup documentation of the invoice for reimbursement of costs associated with the contract.
IV. FORCE ACCOUNT WORK
"Force Acconnt Work" by the Agency utilizing their own forces and equipment must be approved in
writing by the Department prior to performance.
V. ENGINEER'S CERTIFICATION OF PLANS & SPECIFICATIONS
Paragraph 15.00, "Plans and Specifications" of this Agreement is hereby amended to read:
"In the event that this Agreement involves the purchasing of capital equipment or the constructing
and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Registered Professional Engineer of the Agency
or their Consultant Engineering Firm shall certifY in writing that the plans and specifications were
developed in compliance with the criteria specified in Section V of this Exhibit, "DESIGN
DEVELOPMENT CRITERIA". The Department will review the certification and, if deemed
acceptable, provide official written approval of the plans. Failure to obtain this written approval
shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. Receipt
of such approval shall not relieve the agency of the responsibility for obtaining Department review
and written approval for all third party contracts as specified in paragraph 12.10".
VI. DESIGN DEVELOPMENT CRITERIA
The plans, specifications, construction contract documents, and any and all other similar engineering,
construction, and contractual documents produced by the Engineer for the project are hereinafter
collectively referred to as "plans" in this Exhibit.
Plans shall be developed in accordance with sound engineering and design principles, and with
generally accepted professional standards.
Plans shall be consistent with the intent of the project as defined in Exhibits "A" and "B" of this
Agreement.
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The Engineer shall perform a thorough review of the requirements of the following standards and
make a determination as to their applicability to this project. Plans produced for this project shall be
developed in compliance with the applicable requirements of these standards:
. Federal Aviation Administration Regulations and Advisory Circulars'
. Florida Department of Transportation Standards of Design for General Aviation Projects'
. Manual of Uniform Minimum Standards for Design, Construction and Maintenance for
Streets and Highways, State of Florida, "Green Book'"
. Manual on Uniform Traffic Control Devices'
Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting
requirements, public notice requirements, and other similar regulations that apply to the scope and
location of the project.
. The current version(s) or edition(s) as of the execution date of the EngineeringAgreementforthe design of the
project.
VII. PLANS & SPECIFICA nONS FORMAT
Paragraph 15.00 of this Agreement, as modified, requires submission of plans and specifications
for Department review and approval. Submittals shall be in IBM compatible electronic format on
standard CD-R format compact disk. The format used shall be either Micro Station@ "DGN" or
AutoCAD@"DWG' format for plans, and Adobe(!!) "PDF" format for text documents. The agency
may request Department review of other industry standard formats for use. The Department shall
issue written approval of other format if deemed acceptable.
When the project deliverable is a study or other specialized document, hard copies in a quantity
suitable to Department shall be required in addition to an electronic copy of the final product.
VIII. AUDIT REQUIREMENTS
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project
assistance that will reflect the Department's fiscal year of award, contract number, Financial Project
Number, Catalog of State Financial Assistance title and number, and the Catalog of Federal
Domestic Assistance title and number, where applicable, and the amount of state funding action
(receipt and disbursement of funds) and any federal or local funding action and the funding action
from any other source with respect to the project.
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IX. TERMINAL BUILDINJ PROJECTS
The Agency shall provide a presentation sign to inform the public of the project. The design and
location of the sign shall be approved by the Department prior to advertising the project for bids.
The sign shall be erected prior to the start of project construction and remain in plaee until project
completion.
SECTION 2 - AVIATION PROGRAM ASSURANCES
A. GENERAL
1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for an airport
development or noise compatibility program project, or throughout the useful life of the project items
installed within a facility under a noise compatibility program project, but in any event not to exceed
twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on
the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport
is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances
with respect to real property acquired with state funds.
2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the
Agency takes any action that is not consistent with these assurances, the full amount of this
Agreement will immediately become due and payable to the Florida Department of Transportation.
B. GENERAL ASSURANCES
The Agency hereby assures that:
I. Good Title: The Agency holds good title, satisfactory to the Department, to the landing area of
the airport or site thereof, or will give assurance satisfactory to the Department that good title will be
acquired.
2. Preserving Rights and Powers:
a. The Agency will not take or permit any action which would operate to deprive it of any of the
rights and powers necessary to perform any or all of the terms, conditions, and assurances
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in the Agreement without the written approval of the Department, and will act promptly to
acquire, extinguish or modify any outstanding rights or claims of right of others which would
interfere with such performance by the Agency. This shall be done in a manner acceptable to the
Department.
b. If an arrangement is made for management and operation of the airport by any agency or
person other than the Agency or an employee of the Agency, the Agency will reserve sufficient
rights and authority to ensure that the airport will be operated and maintained according to
applicable federal and state laws, regulations, and rules.
3. Hazard Removal & Mitigation: The Agency will clear and protect terminal airspace required for
instrument and visual operations at the airport (including established minimum flight altitudes) by
removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards
and by preventing the establishment or creation of future airport hazards.
4. Compatible Land Use: The Agency will take appropriate action to ensure local government
adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall
address height restrictions and other potential aviation hazards and limitations on incompatible land
uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected
by normal aircraft operations and noise.
The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted
change in local land use regulations that would adversely affect the continued level of airport
operations by the creation or expansion of incompatible land use areas. The Agency assures that it
will provide the Department with a copy of all local airport zoning ordinances, codes, rules,
regulations, and amendments, including proposed and granted variances thereto.
5. Consistency with Local Plans: The Agency will take appropriate actions to have the current
airport master plan adopted into the local government comprehensive plan at the earliest feasible
opportunity.
6. Airport Layout Plan:
a. The Agency will keep a layout plan of the airport up to date showing:
(1) Boundaries of the airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the Agency for airport purposes
and proposed additions thereto;
(2) Location and nature of all existing and proposed airport facilities and structures
(such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including
all proposed extensions and reductions of existing airport facilities; and
Page 6 of 12
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(3) Location of all existing and proposed non-aviation areas and of all existing
improvements thereon.
b. Such airport layout plans and each amendment, revision, or modification thereof, shall be
subject to the approval of the Department. The Agency will not make or permit any changes
or alterations in the airport or any of its facilities that are not in conformity with the airport
layout plan as approved by the Department and which might, in the opinion of the
Department, adversely '!ffect the safety, utility, or efficiency oftre airport.
7. Fee and Rental Structure: The Agency will maintain a fee and rental structure for the facilities
and services at the airport which will make the airport as self-sustaining as possible under the
circumstances existing at the particular airport taking into account such factors as the volume of
traffic and economy of collection. If this Agreement results in a facility that will be leased or
otherwise produces revenue, the Agency assures that the revenue will be at fair market value or
higher.
8. Airport Revenue: The Agency assures that all revenue generated by the airport will be expended
for capital or operating costs of the airport; the local airport system; or other local facilities which are
owned or operated by the owner or operator of the airport and which are directly and substantially
related to the actual air transportation of passengers or property, or for environmental or noise
mitigation purposes on or off the airport.
9. Financial Plan: The Agency will develop and maintain a cost-feasible financial plan to
accomplish the projects necessary to achieve the proposed airport improvements depicted in the
airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan
shall realistically assess project phasing considering availability of state funding and local funding
and the likelihood offederal funding under the Federal Aviation Administration's priority system.
All project cost estimates contained in the financial plan shall be entered in the Joint Automated
Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be
kept current as the financial plan is updated.
10. Operation & Maintenance: The Agency assures that the airport and all facilities which are
necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and
serviceable condition and in accordance with the minimum standards as may be required or
prescribed by applicable federal and state agencies for maintenance and operation. The Agency
assures that it will not cause or permit any activity or action thereon which would interfere wiih its
use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes
must first be approved by the Department. The Agency will have arrangements for promptly
notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein
shall be construed to require that the airport be operated for aeronautical use during temporary
periods when flooding or other climatic conditions interfere with such operation
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and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is substantially damaged or destroyed
due to an act of God or other condition or circumstance beyond the control of the Agency.
II. Economic Nondiscrimination: The Agency will make the airport available as an airport for
public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of
aeronautical activities, including commercial aeronautical activities offering services to the public at
the airport.
12. Exclusive Rights: The Agency will permit no exclusive right for the use of the airport by any
person providing, or intending to provide, aeronautical services to the public.
13. Federal Funding Eligibility: The Agency will take appropriate actions to maintain federal
funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible
for federal funding.
14. Termination of Agreement: As to each project governed by this Agreement, the Agency will
make expenditures or incur obligations and invoice the Department for such costs within two years
after the date of each project's original Joint Participation Agreement date, or the Department may
terminate this Agreement as to that proj ect.
15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or
dispose of any part of its title or other interests in the property shown on Exhibit A to this application
or, for a noise compatibility program project, that portion of the property upon which state funds
have been expended, for the duration of the terms, conditions, and assurances in the Agreement
without approval by the Department.
16. Consultant, Contractor, Scope, and Cost Approval: The Agency will grant the Department the
right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors
for all or any part of this project if the specific consultants, contractors, or subcontractors have a
record of poor project performance with the Department. Further, the Agency assures that it will
grant tbe Department the right to disapprove the proposed project scope and cost of professional
servIces.
17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or
crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency
equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing
systems, including but not limited to flight operations, ground services, emergency services, terminal
facilities, maintenance, repair, or storage.
Page 8 of 12
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16G 1 !~
C. PLANNING PROJECTS
If this project involves planning or other aviation studies, the Agency assures that it will:
1. Project Scope: Execute the project in accordance with the approved project narrative or with
approved modifications.
2. Reports: Furnish the Department with such periodic project and work activity reports as
required,
3. Public Information: Make such material available for examination by the public. No material
prepared under this Agreement shall be subjectto copyright in the United States or any other country,
4. Disclosure: Grant the Department wrrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this Agreement.
5. Department Guidelines: Comply with Department airport master planning guidelines if the
project involves airport master planning or developing an airport layout plan. This includes:
a. Providing copies, in electronic and editable format, of fmal project materials to the
Department. This incllldes computer-aided drafting (CAD) files of the airport layout plan.
b. Developing a cost-feasible fmancial plan, approved by the Department, to accomplish the
projects described in the airport master plan or depicted in the airport layout plan. The cost-
feasible financial plan shall realistically assess project phasing considering availability of
state and local funding and the likelihood of federal funding under the Federal Aviation
Administration's priority system,
c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint
Automated Capital Improvement Program (JACIP) database.
6, No Implied Commitments: Understand and agree that Department approval of this project
Agreement or any planning material developed as part of this Agreement does not constitute or imply
any assurance or commitment on the part of the Department to approve any pending or future
application for state aviation funding.
D. LAND ACQUISITION PROJECTS
Ifthis project involves land purchase, the Agency assures that it will: I. Applicable Laws: Acquire
the land interest in accordance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37 A;
FAA Order 5050AA.; chapters 73 and 74, F,S., when property is acquired through condemnation;
and section 286.23, F's.
Page 9 of 12
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16G 1 'e,
2. Administration: Maintain direct control of project administration, including:
a. Maintaining responsibility for all contract letting and administrative procedures necessary
for the acquisition of the land interests.
b, Securing written permission from the Department to execute each agreement with any
third party,
c, Furnishing a projected schedule of events and a cash flow projection within twenty (20)
calendar days after completion of the review appraisal.
d, Establishing a project account for purchase ofland interests.
e, Collecting and disbursing federal, state, and local project funds,
3, Loans: Comply with the following requirements if the funding conveyed by this Agreement is a
loan for land purchase according to Chapter 332, F.S,:
a, The Agency shall apply for a Federal Aviation Administration Airport Improvement
Program grant for the land purchase within 60 days of executing this Agreement.
b. Iffederal funds are received for the land purchase, the Agency shall notify the Department
by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for
reimbursing the Department within 30 calendar days to achieve normal project federal, state,
and local funding shares as described in Chapter 332, F.S.
c. If federal funds are not received for the land purchase, the Agency shall reimburse the
Department to achieve normal project state and local funding shares as described in Chapter
332, F .S., within 30 calendar days after the loan matures.
d. If federal funds are not received for the land purchase and the state funding share of the
land purchase is less than or equal to normal state and local funding shares as described in
Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be
required.
4. New Airports:
a. Protect the airport and related airspace by ensuring local government adoption of an
airport zoning ordinance or amending an existing airport zoning ordinance, consistent with
the provisions of Chapter 333, F,S., prior to the completion of the project.
b, Apply for federal and state funding to construct a paved runway, associated aircraft
parking apron, and connecting taxiway within one year of the date of land purchase,
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1661
c. Complete an airport master plan within two years of land purchase.
d. Complete construction necessary for basic airport operation within ten years of land
purchase.
5. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of
this Agreement within ten years after the acquisition date.
6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or
airport development purposes, disposition of such land will be subjectto the retention orreservation
of any interest or right therein necessary to ensure that such land will only be used for purposes
which are compatible with noise levels associated with operation of the airport.
E. AVIATION CONSTRUCTION PROJECTS
If this project involves construction, the Agency assures that it will:
1. Certifications: Provide certifications that:
a. Consultant and contractor selection comply with all applicable federal, state and local
laws, rules, regulations, and policies.
b. All design plans and specifications comply with federal, state, and professional standards
and applicable Federal Aviation Administration advisory circulars.
c. The project complies with all applicable building codes and other statutory requirements.
d. Completed construction complies with the original project plans and specifications.
2. Construction Inspection & Approval: Provide and maintain competent technical supervision at the
construction site throughout the project to assure that the work conforms to the plans, specifications,
and schedules approved by the Department for the project. The Agency assures that it will allow the
Department to inspect the work. The Department may require cost and progress reporting by the
Agency.
3. Pavement Preventative Maintenance: With respect to a project for the replacement or
reconstruction of pavement at the airport, implement an effective airport pavement maintenance
management program and the Agency assures that it will use such program for the useful life of
any pavement constructed, reconstructed, or repaired with state financial assistance at the airport.
F. NOISE MITIGATION PROJECTS
If this project involves noise mitigation, the Agency assures that it will:
Page 11 ofl2
16G1
I. Local Government Agreements: For all noise compatibility projects that are carried out by
another unit oflocal government or are on property owned by a unit oflocal government other than
the Agency enter into an agreement with that government. The agreement shall obligate the unit of
local government to the same terms, conditions, and assurances that apply to the Agency. The
agreement and changes thereto must be satisfactory to the Department. The Agency assures that it
will take steps to enforce the agreement if there is substantial non-compliance with the terms of the
agreement.
2. Private Agreements: For noise compatibility projects to be carried out on privately owned
property; enter into an agreement with the owner of that property to exclude future actions against
the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial
non-compliance with the terms of the agreement.
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Exhibit D
State Agency:
FDOT
CSF A Number & Title:
55.004
Aviation Development Grants
Amount:
$1,640,868
COMPLIANCES
ACTIVITIES ALLOWED
Airport Planning
Airport Planning Grants are to study options for airport development and operations. The Department funds airport
master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services
development, and airport promotion. Examples of projects are:
. Master Plans and Airport Layout Plans (ALP);
. Master Drainage Plans;
. Environmental Assessments (EA);
. Development of Regional Impact (DRJ);
. Operations and Emergency Response Plans (ERP);
. Federal Aviation Regulations (FAR) Part 150 noise studies;
. Environmental Impact Studies (EIS);
. Wildlife Hazard Studies;
. Feasibility and Site Selection Studies;
. Business plans;
. Airport management studies and training;
. Air services studies and related promotional materials.
Airport Improvement
These grants are to provide capital facilities and equipment for airports. Examples of projects are:
Air-side capital improvement projects
. Runways
. Taxiways
. Aprons
. T -hangers
. Fuel farms
. Maintenance Hangers
. Lighting
. Air Traffic Control Towers
. Instrument Approach Aids
. Automatic Weather Observation Stations
Land-side capital improvement projects
. Terminal Buildings
. Parking lots and structures
. Road and other access projects
Page 1 of 4
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toG1
Presentation projects
. Overlays
. Crack sealing
. Marking
. Painting buildings
. Roofmg buildings
. Other approved projects
Safety equipment
. Airfield Rescue and Fire Fighting Vehicle (ARFF)
. Lighted Xs
Safety projects
. Tree clearing
. Land contouring on ovenun areas
. Removing, lowering, moving, and marking, lighting hazards
Infonnation technology equipment (used to inventory and plan airport facility needs)
Drainage improvements
Land Acquisition
This grant program protects Florida's citizens from airport noise and protects airport clear zones and nmway
approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and
preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful,
the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of
projects are:
. Land acquisition (for land in an approved Master Plan or ALP)
. Mitigation land (on or offaiIport)
. Aviation easements
. Rigbt of way
. Approach clear zones
Airport Economic Development
This grant program is to encourage airport revenue. Examples of projects are:
. Any airport improvement and land purchase that will enhance economic impact
. Building for lease
. Industrial park ~frastIUcture and buildings
. General aviation terminals that will be 100 percent leased out
. Industrial park marketing programs
Aviation Land Acquisition Loan Program
The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial
service and general aviation airports.
This is a general description of project types. A detail list of project types approved for these grant programs can be
found in the Aviation Grant Program manual which can be accessed through the internet at
www.dot.state.fl.us/AvlationlPublic.htm .
ALLOW ABLE COSTS
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1661
Entities are prohibited from using grant funds for lobbying the legislature. (Section 216.347. Florida Statutes). Also,
restrictions of expenditures are summarized in the Reference Guide for State Expenditures of the Department of
Financial Services. Other specific requirements for allowable costs are unique to each state project and are found in
the laws, rules, and the provisions of contracts Of grant agreements pertaining to the project. For projects listed in the
Compliance Supplement, these specific requirements are in Part Four.
Audit Objectives
Determine whether expenditures of state fmancial assistance were for allowable costs.
Suggested Audit Procedures
I. IdentifY the types of costs tbat are either specifically allowed or prohibited by the laws. rules, and
provisions of contracts or grant agreements pertaining to the project.
2. Select a sample of transactions and perform procedures to verify that the transactions were for an allowable
cost and not for lobbying the legislature or other prohibited uses.
Cash Management
State agencies which are expressly authorized by law to make advances for project startup or contracted services in
total or periodically. shalllinlit such advances to other govenunental entities and nonprofit entities. The amount to
be advanced may not exceed the expected cash needs of the recipient within the initial 3 months. Thereafter
disbursements are to be made only on a reimbursement basis. The Chief Financial Officer, after consultation with
the appropriations committee. may advance funds beyond a 3-month requirement if it is determined to be consistent
with the intent of the approved operating budget. Any agreement that provides for advances may contain a clause
that permits the recipient to temporarily invest the proceeds, provided that any interest income either be returned to
the agency or applied against the agency's obligation to the pay the contract amount. (Section 216.181, Florida
Statutes) Specific cash management requirements unique to a state project may be found in the laws, rules, and the
provisions of contracts or grant agreements pertaining to the project. For projects listed in the Compliance
Supplement. these specific requirements are in Part Four.
Audit Objectives
1. Determine that cash management procedures are in accordance with Section 216.181, Florida Statutes. and
other laws, rules, and the provisions of contracts or grant agreements pertaining to the state project.
2. Determine that interest income, when allowable, is correctly recorded and returned to the state agency or
applied against the contract or grant agreement.
Suggested Audit Procedures
1. Review reimbursement requests and trace to supporting documentation. Ensure that costs for which
reimbursement was requested were paid prior to the date afme reimbursement request.
2. Determine whether any interest income was owed to the state agency and either remitted to the agency or
applied against amounts owed by the state agency.
MATCHING
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16G1
Conunercial Service Airports
When no federal funding is available, the Department provides up to 50 percent of the project costs. When federal
funding is available, the Department can provide up to 50 percent of the non-federal share.
General Aviation Airports
When no federal funding is available, the Department provides up to 80 percent of prqject costs. When federal
funding is available, the Department can provide up to 80 percent of the non-federal share.
Economic Development
The Department provides up to 50 percent of airport economic development funds to build oDMairport revenue-
producing capital improvements. This program is for local match only.
Airport Loans
The Department provides a 75 percent loan program to ftmd the Aviation Land Acquisition Loan Program.
Page 4 of 4
161
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
May 13,2008
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
1) Bavshore/Gatewav Triangle Local Redevelop Advisorv Board:
Agenda of March 4, 2008.
Minutes of March 4, 2008.
2) Collier Count V Citizens Corps:
Agenda of February 20, 2008.
Minutes of February 20, 2008.
3) Collier Countv Coastal Advisorv Committee:
Minutes of March 13, 2008.
4) Collier Countv Code Enforcement Board:
Minutes of February 28, 2008.
5) Collier Countv Planning Commission:
Agenda of April 3, 2008; April 17, 2008.
Minutes of February 21,2008; March 6, 2008; Special Session
Minutes of February 25, 2008.
6) Contractors Licensing Board:
Agenda of April 16,2008.
Minutes of March 19,2008.
7) Development Services Advisorv Committee:
Minutes of March 5, 2008.
8) Domestic Animal Services Advisorv Committee:
Minutes of February 19, 2008.
9) Emergencv Medical Services Advisorv Council:
Minutes of February 27, 2008.
10) Environmental Advisorv Council:
Agenda of April 2, 2008.
11) Fire Review Task Force:
Minutes of March 14,2008.
161
12) Forest Lakes Roadwav and Drainage Advisorv Committee:
Agenda of April 9, 2008.
Minutes of March 12.2008.
13) Golden Gate Community Center Advisorv Committee:
Minutes of March 3, 2008.
14) Golden Gate Estates Land Trust Committee:
Agenda of September 24,2007; December 5,2007; January 28,
2008, February 28, 2008.
Minutes of September 24; 2007, December 5,2007; January 28,
2008, February 28, 2008.
15) Haldeman Creek Maintenance Dredging Advisorv Committee:
Agenda of February 14,2008; March 13.2008; April 10, 2008.
Minutes of January 10,2008; February 14,2008; March 13,2008.
16) Hispanic Affairs Advisorv Board:
Minutes of January 24, 2008; February 28, 2008.
17) lmmokalee Beautification Advisorv Committee:
Agenda of March 26, 2008.
Minutes of February 27, 2008.
18) Isle of Capri Fire Control District Advisorv Committee:
Agenda of March 6, 2008.
Minutes of March 6, 2008.
19) Land Acquisition Advisorv Committee:
Agenda of April 14, 2008.
Minutes of March 10, 2008.
20) Lelv Golf Estates Beautification Advisorv Committee:
Agenda of March 20, 2008.
Minutes of February 21, 2008.
21) Librarv Advisorv Board:
Agenda of February 27,2008.
Minutes of January 23, 2008.
22) Parks and Recreation Advisorv Board:
Minutes of February 20, 2008; March 19,2008.
16l
23) Pelican Bav Services Division Board:
Agenda of March 5, 2008.
Minutes of March 5, 2008.
A. Pelican Bav Services Division Board Municipal Services Taxing
and Benefit Unit:
Agenda of April 2, 2008; April 10, 2008; April 22, 2008.
24) Public Vehicle Advisorv Committee:
Agenda of April 7, 2008.
25) Radio Road Beautification Advisorv Committee:
Agenda of March 18,2008.
Minutes of February 19,2008.
26) Rural Lands Stewardship Area Review Committee:
Minutes of March 4, 2008.
B. Districts:
I) Fire Service Steering Committee:
Agenda of April 24, 2008.
Minutes of March 27, 2008.
C. Other:
1) Special Magistrate:
Minutes of January 31, 2008; March 7, 2008; April 4, 2008.
2) Collier Countv, Citv of Naples & East Naples Fire Control & Rescue
District:
Minutes of February 8, 2008.
3) Citv of Naples Communitv Redevelopment Agencv:
2007 Annual Report.
4) Southwest Florida Regional Planning Council:
Annual Budget Report FY 2008/2009.
Fiala
Halas
Hennif
Coyle
CaleH;:
THE BA YSHO RE / GATEWA Y T RI ANGLE REDEV ELOPMENT A~!I~EJ
COMMUNITY REDEVELOPMENT AGENCY APR 022008
2740 BAYSHORE DRIVE, UNIT 17 NAPl.ES, FE. 34112 PHONE 239.643.1115 FAX 239.775.4456
lioard of county Commissioners
BA YSHORE/GA TEW A Y TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD
r", (tv \) \ Tuesday March 4, 2008, 6:00 p.m.
, ~_ 2740 Bayshore Drive, Unit 10, Naples, FL 34112
~__ Al!:enda
. . .lJ4 I Call
Adoption of Agenda
3. Adoption of Minutes: CRA-AB Workshop January 22, 2008; Regular Meeting February 5,2008;
CRA-AB Workshop February 5. 2008; CRA-AB Special Meeting/Workshop February 19,2008.
4. Executive Director:
a. Project Updates
5. Old Business:
a. CRA Full Time Employee for FY08
b. Cultural Needs Assessment Report
6. New Business:
a. 2007 CRA Annual Report
7. Citizen Comments
8. Adjournment
Note: All meetings are publicly noticed in the Harmon Turner Building (Administration Building). Please call the Bayshore/Triangle oflice at (239)
643-1115 if you have any questions about the meeting. 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 330 I East Tamiami Trail, Naples, Florida, 34112, (239) 774-8380: assisted listening devices for lhe hearing impaired are
available in the County Commissioners' Office.
....'~'sc Corres
,ate
..J5b3/~
ILRlLA \_
__fE
THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AGElh II A
COMMUNITY REDEVELOPMENT AGENCY
2740 BAYSHQRE DRIVE UNiT 17 NAI'I.ES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456
BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD
MINUTES OF THE MARCH 4, 2008 MEETING
The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called
to order by Chairman Mr. Lindsey Thomas at 6:00 p.m. at the CRA Office Meeting Room 2740 Bayshore
Drive, Unit 10.
1. Roll Call: Present: Advisory Board Members: Lindsey Thomas, Chuck Gunther, Steve Main,
Karen Beatty, Maurice Gutierrez, Jill Barry, and Bruce Preble. Excused absence: Bill Mears, Ron
Fowle.
CRA Staff Present: David Jackson, Executive Director, Jean Jourdan Project Manager and Sue
Trone Operations Analyst
Countv Staff Present: Marjorie Student-Stirling and Jennifer Belpedio, Assistant County
Attorneys.
2. Adoption of Aaenda: Chairman Thomas asked if there were any additions or corrections to the
published agenda. Hearing none he asked for a motion to approve the agenda: Motion: Mr.
Main. Second: Mr. Preble. Approved 7-0.
3. Adoption of Minutes: Chairman Thomas asked for a motion to approve the January 22, 2008
regular meeting minutes, the February 5 and February 19, 2008 workshop minutes: Motion: Ms
Barry. Second: Mr. Gutierrez. Approved 7-0.
4. Executive Director's Report:
a. Project Updates. Mr. Jackson advised the Board of written communications in their
packets that had arrived and then summarized a memo from Assistant County Attorney,
Jennifer Belpedio, concerning the proper logging and retention of CRA-related e-mails
that are sent from or arrive at a Board member's personal computer. Ms Belpedio,
answered questions from the Board and recommended that the members apply for a
Collier County e-mail address and either use it for communications or forward all
correspondence to that address fro storage and retention. Mr. Thomas thanked Ms
Belpedio for clarifications and asked Board members to complete the County form and
return to the CRA office for processing.
5. Old Business:
a. CRA Full Time Emplovee for FY08. Mr. Jackson advised that at the last
workshop/special meeting, Mr. Mears asked to review the proposed job description for
the new employee and have the item placed on this agenda for review. Mr. Jackson
stated that Mr. Mears called and advised that he had no problem with the job description
as presented. Motion made by Mr. Main to recommend to the CRA to hire an Operations
Coordinator this fiscal year. Second: Ms Barry. Approved 7-0.
b. Cultural Needs Assessment Report Mr. Jackson distributed the final written Needs
Assessment Report to the Board. He stated that the presentation at the February 5,
2008 workshop and the presentation graphics' information was contained in this
document: There wasn't any action required to be taken tonight as the Report was the
final product and the CRA-AB made their recommendation to forward the report to the
CRA at the February 19, 2008 special meeting.
6. New Business:
a. 2007 CRA Annual Report. Mr. Jackson delivered to the CRA-AB a color copy of the
CRA's 2007 Annual Report that was to be accepted at the BCC/CRA March 11, 2008
meeting. The copy forwarded bye-mail was in black and white because of the file size.
March 4 2008 eRA-AS Minutes
16 'I A
This report does not require any action tonight because the material in it is the written
form of what was presented to the CRA at the January 25, 2008 Joint Workshop with the
two CRA Advisory Boards.
7. Citizen Comments. Mr. Thomas asked if there were any comments from the audience. Hearing
none he adjourned the meeting.
8. Adiournment: The regular meeting was adjourned at 6: 17 pm.
,
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Approved~nd forwarde,<<by Lindsey Thomas, CRA-AB Chairman.
March 4 2008 eRA-AS Minutes
2
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Citizen Corps Advisory Committee
Agenda February 20, 2008
3:00
Pledge of Allegiance
-Opening Remarks
-RollCall
Chairman
SheriIT's Office CERV
USCG A Red Cross
Chamber of Commerce
Fire Chiefs CERT CAP
Veterans Council RSVP Salvation Army
EMS
City of Naples
PRMC - PR
Health Dept
Everglades City
PRMC-Collier
Medical Examiner City of Marco Island
Neighborhood Watch
NCH EM
3:05 Approval of Minutes Chairman
3:10 Threat Update Sheriff's Office
3:15 New Business Chairman
. National Security Brief Gerry Sugarman
. Wildfire Update Jim von Rinteln
. Grant Opportunity Joe Frazier
3:50
Old Business
Chairman
. EOC Update
. Shelter Managers
. Parking Problems
Jim von Rinteln
Chairman
Chairman
4:00
Next Meeting (7)
(Tampa Bay March I ih)
Chairman
pr;-''""':EIVED
t.Pi? / 7 2008
106,'" ,"t;omm~onet
Misc, COIF8S:
Date:
Item#I~11 Az..
..
Florida Division of Emergency Management
State EOC Activation Status - MONITORING
Daily Situation Status
16/1~)
~~""."u ,~Q._~
Lake
Level
Homeland
Security
Level
Weather
Hazardous Weather Outlook
None Reported
Watches and Warnings
. A red flag warning is in effect for the western Florida panhandle all of the Florida big bend and eastern panhandle,
North Central Florida, Northeast Florida, Portions of Central Florida and the Tampa Bay area.
. For current watches/warnings information please visit:
http://www.weather.oov/view/prodsBvState.ph p ?state=fl&prodtvpe=warn inos
Forecast for Florida
Today - Partly cloudy except mostly cloudy south. Scattered showers south and in the Keys. Highs in the mid 60s to around
70 north, in the 70s Central and around 80 south and in the Keys.
Tonight - Partly cloudy except mostly cloudy mainland south and in the panhandle. Isolated to scattered showers southeast
and in the Keys. Scattered showers in the western panhandle. Lows in the 40s north, the 50s central and interior south, 60s
elsewhere except lower 70s in the Keys.
Thursday - Mostly cloudy. Scattered showers except numerous in the western panhandle and isolated in the in the Keys.
Thunderstorms possible in the panhandle. Highs in the upper 60s to mid 70s north, upper 70s to around 80 central, lower to
mid 80s south and in the Keys.
Thursday night - Mostly cloudy north and partly cloudy elsewhere. Numerous showers and thunderstorms in the panhandle
especially in the evening. Scattered showers rest of north. Isolated showers elsewhere. Lows in the upper 50s to lower 60s
north, 60s elsewhere except Lower 70s south and mid 70s in the Keys.
National Weather Service storm survey team confirms tornado damage in Gadsden County Florida and Decatur and Grady
Counties in Georgia. Also, EF1 damage was confirmed from the tornado that touched down in Molino (Escambia County).
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U.S. Drought Monitor Feb~.:.7.~,~",2008
Florida
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US Drought Monitor
Keetch Bvram Drouaht Index (KBD!)
Published Wednesday, February 20, 2008
Reporting Period OgOOhrs (20FEB2008) through 0900hrs (20FEB2008)
P age 11
L. Mayfield, Plans Officer
..
Florida Division of Emergency Management
State EOC Activation Status - MONITORING
Daily Situation Status
16 .';.''"'''''t)
Il~"
Wildland Fires Daily Update
Week of 2/18/08 -2/24/08 0 0
Month of Feb08 - 2/01/08 - 2/29/08 103 1039.7
Year to Date - 2008 267 2725.3
Burn Restrictions are in effect for the following counties: Hendry, Glades
Health & Medical
Arbovirus Diseases - Human Cases
Florida Mosquito-Borne Disease Summary for February - There are no counties currently under medical alert for mosquito-
borne disease. No locally acquired human cases have been reported this year
Source: Florida De artment of Health - Arborviral Weekl
, -
o
o
Sl. Louis Ence halitis Virus 0 0
This chart is representative of data collected for the 2008 calendar year
Pandem;cFlu. aov
Nations with Confirmed Cases H5N1 Avian Influenza
Hea/th & Medical Web/inks
Florida Department of Health
Center for Disease Control
World Health Orqanization
Worldwide/National Health Alerts
Domestic Security & Terrorism
The United States government's national threat level is
for all domestic and international flights.
or Yellow. The U.S. threat level is High, or Orange,
Homeland Security News
International - none reported
National - none reported
Regional/State - none reported
Cyber Terrorism/Information & Technologies - none reported
Chemical, Biological, Radiological, Nuclear - none reported
Bomb Threats & Suspicious Packages
Source: State Wamin Point Incident Recorder
Suspicious substances/packages
Bomb Threats
Sus icious Activit
Published Wednesday, February 20,2008
Reporting Period 0900hrs (20FEB200B) through 0900hrs (20FEB200B)
Page 12
L. Mayfield, Plans Officer
...
Florida Division of Emergency Management
State EOC Activation Status - MONITORING
Daily Situation Status
1611;;'~
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Illegal Immigrant Landings
Source: State Warnin Point Incident Recorder
Monroe
Miami-Dade
Palm Beach
Broward
Manatee
Collier
51. Lucie
Martin
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
1,389
433
46
227
28
27
3
8
Summary of Total: Cuban (1,723). Haitian (168), Hispanic (3), and Unknown (44)
Special Events
What
Where
Daytona International Speedway
BankAtlantic Center in Sunrise, FL
Amway Arena in Orlando, FL
St. Pete Times Forum in Tampa, FL
American Airlines Arena in Miami, FL
Amway Arena in Orlando, FL
American Airlines Arena in Miami, FL
Daytona 500
Boston Bruins at Florida Panthers
Philadelphia 76ers at Orlando Magic
Boston Bruins at Tampa Bay Lightning
Philadelphia 76ers at Miami Heat
Sacramento Kings at Orlando Magic
Sacramento Kings at Miami Heat
***Listed events are expected to draw 10,000 persons or more
Team Movements & Resource Deployment
Roy Dunn: Camp Blanding (EM Academy)
Region 1: Calhoun/Camp Blanding/Leon (meeting/EM Academy/SEOC)
(Tom Smith)
Region 2: Camp Blanding (EM Academy)
(Bryan Lowe)
Region 3: off (coverage by Jim Roberts)
(Jim Britts)
Region 4: Citrus (equipltraining schedule)
(Marian Mosser)
Region 5: St Lucie (EOC for SLPP drill)
(Jim Roberts)
Region 6: Martin (EOC for SLPP drill)
(Brett Slocum)
Region 7: St Lucie (EOC for SLPP drill)
(AI Howe)
News & Events
State Warning Point Incidents
Date
2117/2008
2/21/2008
2/22/2008
2/23/2008
2/23/2008
2/24/2008
2/26/2008
Date/Time: 02/19 0852
Location: Lee
Incident: Bomb/Threat
Description:
A bomb threat was reported to East Lee County High School in Lehigh Acres. The school was
evacuated and searched. No device located.
Status: Closed.
Published Wednesday, February 20, 2008 P age 13
Reporting Period OgOOhrs (20FEB2008) through 0900hrs (20FEB2008) L. Mayfield, Plans Officer
.
Florida Division of Emergency Management
State EOC Activation Status - MONITORING
Daily Situation Status
16 I l-,";'ii'!;)
'. :'~~~..,.""....^o.~:"
Date/Time:
Location:
Incident:
Description:
Santa Fe Community College in
after an argument occurred in
fired. The suspect was later
Status: Closed.
02/19
Alachua
General
1411
Gainesville was
the cafeteria.
detained.
put into lockdown for several hours Tuesday
A weapon was brandished, but no shots were
General News
International
Three killed by Indonesian quake
At least three people have been killed and 25 seriously injured by a 7.5-magnitude quake near Indonesia's western Aceh
province, officials say.
National
EPA Maps Plan to Ease Colo. Flood Threat
The Environmental Protection Agency said it could be a month or two before crews pump water from a crumbling tunnel
where officials fear more than a billion gallons of trapped water could cause a potentially catastrophic flood in a historic mining
town.
Readv or Not: Navy Prepares to Aim and Fire at Roque Satellite
A long, detailed briefing at the Pentagon this week seems to have eased some concerns expressed over a plan to shoot down
a busted satellite that is ambling back to earth.
Regional/State
Shuttle Atlantis returns to Earth after spacelab mission
Space shuttle Atlantis landed at its Florida home port on Wednesday after a mission to deliver Europe's first permanent space
lab to orbit, clearing the way for the U.S. military to shoot down a dead spy satellite.
Published Wednesday, February 20, 2008
Reporting Period 0900hrs (20FEB2008) through 0900hrs (20FEB2008)
Page 14
L. Mayfield, Plans Officer
~()UAI:!~ I~VIT~I)
1611 A
National Security Briefing
ON
RAD1CAL 1sLAf1
DO NOT MISS rms POWERFUL PROGRAM
Award Winning Documentary
uObsession, Radical Islam's War Against the West"
www.obsessionthemovie.com
Special Guest - Leading Muslim Reformer
Dr. Zudhi Jasser
AMERICAN ISLAMIC FORUM FOR DEMOCRACY
www.AlFDemocracv.org
Panel Presentations and Q&A
Local Law Enforcement Officials
BARRON COLUER HIGH SCHOOL
5600 Cougar Drive, Naples, Florida 34109
Saturday, February 23,2008
7:00 pm - 9:30 pm
RSVP - LIMITED SEATING
For more info or RSVP, pleaseemaillackTymannat:lackr(i.!F!oridaSecuritvCouncil.com
Sponsored by Rorlda Security Council and Voices Against Jihad
www.FloridaSecuritvCouncil.com
16 ,I 1 A
YOU ARE INVITED
To A Free Educational Event
A National Security Briefing l
ON \
RADICAL ISLAMISM
DO NOT MISS THIS POWERFUL PROGRAM
Award Winning Documentary
"Obsession, Radical Islam 's War Against
the West"
www.obsessionthemQvie.com
Special Guest - Leading Muslim Reformer
Dr. Zuhdi Jasser
AMERICAN ISLAMIC FORUM FOR DEMOCRACY
www.AIFDemocracy.org
Panel Presentations and Q&A
2/20/2008
Moderator Sheriff Don Hunter
BARRON COLLIER HIGH SCHOOL
5600 Cougar Drive, Naples, Florida 34109
Saturday, February 23, 2008
7:00 pm - 9:30 pm
LIMITED SEA TING
REGISTER FOR YOUR FREE TICKET HERE
http://fsc.eventbrite.com
Sponsored by Florida Security Council and Voices
Against Jihad
www.FforidaSecurityCouncil.com
16/1
A
We still have reserved VIP seating for the February 23 event (flier attached
again). We would much appreciate it if you would invite some additional friends, and
let me know by return email if you want additional seats held in your name - Gerry
Sugarman - (names of your guests need not be sent)-JackTymann@aol.com
In addition to other participating experts, the discussion on national and local security
will feature a guest speaker who is making a powerful impact not only in the United
States, but throughout the World.
Since the tragic events of September 11, 2001, many have asked, "Where are the
moderate Muslims? Where are the Muslim reformers?"
Regrettably, there are not many Muslim voices crying out for reform within Islam. But
there is one such voice, one brave Muslim man who has taken the challenge of
confronting the extremists in his religion who preach intolerance, death and
destruction.
That Muslim reformer is our honored Guest Speaker,. Zuhdi Jasser.
All who listen to Dr. Jasser are amazed and then excited that there may be a solution to
the problem of radical Islam, if Dr. Jasser's message can become part of the public
debate.
The "Florida Security Council" and Jack Tymann's local "Voices Against Jihad" are co-
sponsoring this public discussion. Below is Zuhdi's bio . . .
M. Zuhdi Jasser, MD
2/20/2008
1611 A
M. Zuhdi Jasser is a former U.S. Navy Lieutenant Commander. He is the founder and Chairman
of the Board of the American Islamic Forum for Democracy based in Phoenix, Arizona. AIFD
seeks to address the central ideological conflict in the war on terror. Dr. Jasser believes that it
is essential for devotional Muslims to lead the ideological war against militant Islamism by
separating the spiritual from the political in Islam. This Muslim led effort seeks to establish the
synergy of Americanism and our Constitutional democracy with a pluralistic Islam.
Dr. Jasser is a respected physician currently in private practice in Phoenix Arizona specializing
in internal medicine and nuclear cardiology. His highest military award is the Meritorious
Service Medal. He recently served as the President of the Arizona Medical Association until
June 2007. He chairs the bioethics committee and teaches nuclear cardiology in a major
Phoenix hospital. He has been active in a number of interfaith efforts in Arizona including the
founding of a Jewish-Muslim dialogue group in 2000 called the Children of Abraham.
Dr. Jasser is a frequent columnist on Islamic affairs for the Arizona Republic and a regular
columnist and contributing editor for FamilySecurityMatters.org. He is a CNN Contributor
appearing regularly on the Glenn Beck Show of CNN Headline News. He has also been
published in the Washington Times, Beliefnet and National Review. He is a frequent national
radio and television commentator and featured speaker about Islam, Islamism" moderate
Muslims, and counterterrorism. His writings can be found at the website of the American Islamic
Forum for Democracy (www.aifdemocracy.org).
1611 A
F'El.b'12- Citizen. Corps Advisory Committee
PDst"ij Oat,,: 2/12/2008
FOR IMMEDIATE RELEASE
NOTICE OF PUBLIC MEETING
COLLIER COUNTY CITIZEN CORPS ADVISORY COMMITTEE
COLLIER COUNTY, FlO~IDA
252-8000.
16/1 A
ColeMaryAnn
From:
Sent:
To:
Frazier Joseph
Monday, March 03, 2008 1:42 PM
ColeMaryAnn; BowmanDan; Cap!. Alejandro Castillo; CC-Dan Zunzunegui; CC-Debbie
Horvath; CC-Gerry Sugerman; CC-Jerry Sanford; CC-Jim Elson; CC-Joe Wilkins; CC-John
Brown; CC-Mike Murphy; CC-Nfn11555; CC-Scott Erickson; CC-Ted Soliday; 'Chris Rakunas';
'DanAnderson@fdle.state.ft.us'; David Baer; DeArmasMaribel; Doug Porter (dporter143
@comcas!.net); foord_m; Kathleen_Marr@doh.state.ft.us; Maria Bemaldo; Phil Reid; reg
buxton; Russ Rainey; Ryan Frost; schapin43@aol.com; scribnerj; TeachScott; veitj;
vonrinteln.J; Wall Jaskiewicz
Citizen Corps Grant Information
Subject:
Attachments:
Citizen Corps Grants Program Overview. doc
~
CitIzen Corps
Grants Program 0...
Citizen Corps Board Members,
As promised I delved a little deeper into the Citizen Corps Grant and I cut and pasted what I thought would be beneficial
for the Councils review. I also highlighted areas that may be of interest to pursue if agreed upon, your call. I may have
good news as they may extend the application due date to 1 May and I will find that out early next week.
Please forward to me your ideas on how we can justify the grant and I will collate and articulate the information Into the
grant application. Please send me your ideas NL T 12 March.
Thanks,
Joe
Joseph W. Frazier
Homeland Security Coordinator
Collier County Emergency Management Dept.
2;l9-252-H425
FAX: 239-775-500H
j, )se pllh'azie r@("()lliergov.net
1
1611
~
t.."
, .
PROGRAM OVERVIEW: CITIZEN CORPS GRANT PROGRAM
The Citizen Corps mission is to bring community and government leaders
together to coordinate the involvement of community members in emergency
preparedness, planning, mitigation, response, and recovery.
The FY 2008 Citizen Corps Program (CCP) grant funds provide resources for
States and local communities to:
1) bring together the appropriate leadership to form and sustain a Citizen Corps
Council;
2) develop and implement a plan or amend existing plans to achieve and expand
citizen preparedness and participation;
3) conduct public education and outreach;
4) ensure clear alertslwarnings and emergency communications with the public;
5) develop training programs for the public, for both all-hazards preparedness
and volunteer responsibilities;
6) facilitate citizen participation in exercises;
7) implement volunteer programs and activities to support emergency
responders;
8) involve citizens in surge capacity roles and responsibilities during an incident
in alignment with the Emergency Support Functions and Annexes;
9) conduct evaluations of programs and activities.
A. Program Requirements.
All grant recipients must register their Citizen Corps Council on the Citizen Corps
website (http.//www.citizencorps/gov) and manage their program and contact
information listed on the site.
B. Authorized Program Expenditures.
This section provides guidance on the types of expenditures that are allowable
under the CCP. Please refer to Appendix B for a summary of authorized CCP
expenditures.
1. Planning Activities.
Integrating non-governmental entities into the planning process is critical to
achieve comprehensive community preparedness. To meet this important
objective, HSGP funds may be used to support the following:
. Establishing and sustaining bodies to serve as Citizen Corps Councils
. Assuring that State and local government homeland security strategies,
policies, guidance, plans, and evaluations include a greater emphasis on
government/non-governmental collaboration, citizen preparedness, and volunteer
participation
. Developing and implementing a community preparedness strategy for the
1611 A
State/local jurisdiction The community preparedness section(s) of State
homeland security strategies, policies, guidance, plans (including EOPs, the
State Preparedness Report, and Investment Justifications), and evaluations must
be reviewed by the body serving as the State
Citizen Corps Council and must include considerations for citizen preparedness
and volunteer participation.
1.1 -- Public education/outreach.
Citizen Corps Councils may develop or reproduce public education and outreach
materials to: increase citizen preparedness (to include the DHS Ready Campaign
materials); promote training, exercise, and volunteer opportunities; and inform
the public about emergency plans, evacuation routes, shelter locations, and
systems for public alerts/warnings. Public education and outreach materials
should incorporate special needs considerations, to include language, content,
and method of communication.
Allowable expenditures include:
. Media campaigns: PSAs, camera-ready materials, website support, newsletters
. Outreach activities and public events: booth displays; event backdrops or signs;
displays and demonstrations; and informational materials such as
b roch u res/flyers
. Promotional materials: pins, patches, magnets, c1othing/headwear.
Expenditures for promotional items must not exceed 15 percent of the total
Citizen Corps Program allocation.
All materials must include the national or jurisdiction's Citizen Corps logo, tag line
and website or the Ready logo, tag line, and website and comply with logo
standards. For more information go to
I7.tIQs.//www cltize{)colJ!~9.9v/pdf/loqo qUlde pdf
1.2 -- Citizen participation. Volunteer programs and disaster response
support.
Citizen support for emergency responders is critical through year-round volunteer
programs and as surge capacity in disaster response. Citizen Corps funding may
be used to establish, enhance or expand volunteer programs and volunteer
recruitment efforts for Neighborhood Watch/USA on Watch, Community
Emergency Response Teams (CERT), Volunteers in Police Service (VIPS),
Medical Reserve Corps (MRC), and Fire Corps; for the Citizen Corps Affiliate
Programs and Organizations; and for jurisdiction specific volunteer efforts.
Examples include
. Recruiting, screening, and training volunteers (e.g., background checks)
. Retaining, recognizing, and motivating volunteers
. Purchasing, maintaining, or subscribing to a system to track volunteers (in
compliance with applicable privacy laws), to include identification and
credentialing systems, and to track volunteer hours
. Evaluating volunteers
1611 A
2. Organizational Activities.
Organization activities supported with CCP funding are limited to 25 percent of
the grantee's CCP funding.
3. Equipment Activities.
States and Urban Areas are encouraged to fully leverage all HSGP resources for
equipment to support volunteer personnel In preparedness and response. All
allowable equipment costs are listed in the AEL, available at hilI' //\'IIW! rkh II'
Any equipment purchased with CCP funding must be used for specific
preparedness or volunteer training or by volunteers in carrying out their response
functions. CCP funding is not intended for equipment to be used by uniformed
emergency responders, except to support training for citizens. Examples of
equipment used to support training for citizens includes such items as burn pans
or sample volunteer response kits.
Expenditures for kits used in volunteer response (e.g. CERT or MRC kits /
backpacks) or clothing for official identification must not exceed 30 percent of the
total Citizen Corps Program allocation. Clothing for official identification are those
items that volunteers are required to wear when engaging in public safety
activities (e.g., t-shirts for CERT members, baseball caps for Neighborhood
Watch/USA on Watch Program foot patrol members).
4. Training Activities.
Training funded with these grants can include all-hazards safety, such as
emergency preparedness, basic first aid, life saving skills, crime prevention and
terrorism awareness, school preparedness, public health issues,
mitigation/property damage prevention, safety in the home, light search and
rescue skills, principles of NIMS/ICS, community relations, volunteer
management, serving people with disabilities, pet care preparedness, any
training necessary to participate in volunteer activities, any training necessary to
fulfill surge capacity roles, or other training that promotes individual, family, or
community safety and preparedness
Funding for CERT training includes the delivery of the CERT basic training to
volunteers, supplemental training for CERT members who have completed the
basic training, and the CERT Train-the-Trainer training. The training must include
the topics, be instructor-led and classroom-based, using lecture, demonstration,
and hands-on practice throughout. Note that the Independent Study course.
"Introduction to CERT" (IS 317) must not be substituted for delivery of basic
training consistent with the 20-hour CERT curriculum There IS no cap on the
number of deliveries State or local Jurisdictions may conduct of the CERT basIc
training, the CERT Train-the-Trainer, Campus CERT Train-the-Trainer, or Teen
CERT Train-the-Trainer courses
Training should be delivered with specific consideration to Include all ages, ethnic
and cultural groups, persons with disabilities, and special needs populations at
venues throughout the community, to include schools, neighborhoods, places of
1611 A
worship, the private sector, non-governmental organizations, and government
locations.
Jurisdictions are also encouraged to incorporate non-traditional methodologies
such as the Internet, distance learning, home study, and to leverage existing
training provided via educational/professional facilities. Pilot courses and
innovative approaches to training citizens and instructors are encouraged.
Instruction for trainers and training to support the Citizen Corps Council members
in their efforts to manage and coordinate the Citizen Corps mission is also an
allowable use of the FY 2008 Citizen Corps Program funding.
5. Exercise Activities.
Exercises specifically designed for or that include participation from non-
governmental entities and the general public are allowable activities and may
include testing public warning systems, evacuation/shelter in-place capabilities,
family/schoollbusiness preparedness, and participating in table-top or full scale
emergency responder exercises at the local, State, or national level, to include
the Top Officials Exercise (TOPOFF).
6. Personnel Activities.
Hiring, overtime, and backfill expenses are allowable only to perform
programmatic activities allowable under existing guidance. Supplanting, however.
is not allowed. There is no percentage cap for CCP.
7. Construction and Renovation Activities.
Construction and renovation is not allowed under CCP.
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Collier County
Citizen Corps Advisory Committee
February 20, 2008
RECElv16 , I
1
APR 1 7 2008
A
Board of County Commissioners
Voting Members Present:
Russell Rainey, Community Emergency Response Team
Gerry Sugarman, RSVP
Floyd Chapin, Community Emergency Response Volunteers
Reg Buxton. Greater Naples Chamber of Commerce
Deborah Horvath, American Red Cross
Doug Porter, Naples Civil Air Patrol
Captain Alejandro Castillo, Salvation Army
Voting Members Absent:
(Excused Absence)
Walter Jaskiewicz, Coast Guard Auxiliary
Jerry Sanford, Collier County Fire Chiefs Assoc
James Elson, Collier County Veterans Council
Lt. George Welch, Collier County Sheriff's Office
Voting Members Absent:
(Non-Excused Absence)
Non-Voting Members
Present:
Jim von Rinteln. Collier County Emergency Management
Joe Frazier, Collier County Emergency Management
Judy Scribner, Collier County Emergency Management
Chris Rakunas, Physicians Regional Medical Center
Maria Bernaldo, Health Department
Greg Speers, East Naples Fire Department
Lt. David Baer, Marco Island Police Department
Meeting called to order at 3:00 p.m.
Pledge of Allegiance recited and roll call taken.
Approval of Minutes
Motion to accept the minutes of the January 16, 2008 meeting made by Russ Rainey and seconded by Gerry
Sugarman. Approved unanimously.
Threat Update
Per Jim vonRinteln, Lt. Welch is at the Emergency Preparedness Academy. There is no change, except for the
satellite interception which is to occur tonight. We are still at the Elevated Threat (Yellow) level. Everyone should
remain vigilant.
Fidel Castro resi!7led, leaving his b~other to run C~ba. There is monitoring on the State level for any incll'ifse\l.o :
departures from either Cuba or Flonda. The State IS trymg to keep things calm. Per Lt. Baer, It IS still t08'~ttY !rjS
see anything. In the past 30 days, 17 "go-fast"' boats have been stolen.
Date:
New Business
ltemt:__
Weather Brief -..,_.., to
Per Jim V., a weather front last week brought a minor tornado to Everglades City. A school was damaged;
however, it could have been more severe. Weather radios provided a warning 10 minutes prior to the incident.
Citizens want a siren system - the weather radio costs $40 and this is what the siren person uses to alert people.
16 112 A
Collier County Citizen Corps Advisory Committee
February 20, 2008
National Security Brief
Gerry Sugarman shared a flyer on radical Islam program that is being held this Saturday at 7 p,m, at Barron Collier
High School. There will be a State Department briefing, including the movie, "Obsession", This should be a great
learning experience, and Gerry would like to see as many people as possible attending, There is au email address in
which to RSVP, or you can call Gerry at 304-5444 to make reservations, Per Jim V" the presenter, Dr. Zudhi
Jasser. is a great speaker.
Wildfire Update
Jim V. is doing a presentation next week to the Board of County Commissioners with Chief Greenberg of Big
Corkscrew Fire and Hank Graham of the Forestry Department. Jim shared the Power Point with the group. This
should be a significant wildfire season if we don't get more rain. The Wildfire Roundup was held last week and
was successful and well-attended. Emergency Management offers support, public information and outreach, aud
coordinates resources during the season -they are not the Incident Commander. If uecessary, they will activate the
EOC for support, put the mobile command unit out to assist. and send a liaison from EM. We need to get
information out to the resideuts in order that they help protect their homes. Public information is most important!
Grant Opportunity
Per Joe Frazier, Homeland Security Grants have five components: State Homeland Security program. law
enforcement terrorism prevention program. urban area security iuitiative, metro medical response system. and
Citizen Corps. There is a Citizen Corps grant out there worth $1.69 billion, with a deadline of March 31.2008.
This is to be used for public outreach, training and volunteer activities (publicatious and training materials). Joe
needs justification to go after this grant - please give any ideas to him and he will apply. There is a separate grant
for CERT - Joe will meet offline with Russ Rainey on this. Floyd Chapin asked about PSA's -these are okay
under this grant. Joe will check with his point of contact to get more definitive information. Discussion of using
auy graut money for weather radios. scholarships for the Governor's Hurricane Conference (travel and training),
etc. Please get any of your ideas to Joe by March 3cd - he will check to see if the grant is predicated by
involvement. Invoices need to be submitted for reimbursement - this is not a matching grant, which is good.
Other
Judy Scribner attended a workshop regarding psychological impact during disasters - she will put together a
synopsis and present it at our April meeting.
Physician's Regional Medical Center will help sponsor this year's All Hazards Guides - a big thank-you to them.
These guides are paid for by contributions. and the previous sponsor pulled out. We couldn't supply these without a
sponsor.
Jim V. asked if any organization has 400 bottles of water to donate to the Sheriff's Department for the Junior
Deputy's Fishing Tournament this weekend. Debbie Horvath will check to see if there is any at ARC.
Old Business
EOC Update
Jim V. showed a presentation of the new Emergency Services Center - slides from Dan Summers which were
presented to Commissioner Halas' town hall meetiug. The weekly construction meetings are going well-the
buildiug is 50% complete and on schedule for December. 2008. It should be at full operational capability by April,
2009. Per Reg, the Distinguished Service Awards committee is paying to have a plaque hung in the lobby of the
building, recognizing all previous and future recipients of the Distinguished Service Award (of which Jim V. is
one).
16 '31 A
Collier County Citizen Corps Advisory Committee
February 20, 2008
Shelter Managers
Per Jim V., there is an ongoing need for shelter managers. Red Cross met 3-4 weeks ago and the number of
managers is adequate, but backup is needed for running the shelters. Debbie Horvath said she would like twice as
many people, and is looking for any help or ideas. People cannot be trained while the shelters are being opened.
Shelter managers (run the shelters. leadership ability and stamina needed) and Assistants (sign in people, available
to help out with monitoring the shelter, take care of trash removal, etc.) are needed. The managers and assistants
are sent to each school (shelter). with 12 hours on and 12 hours off. Currently, the reserve is County employees.
With the hiring freeze and the drawdown, there are fewer folks available - we are down about 200 employees from
where we were a year ago. Judy asked if there was anything in writing (job description, etc.) that could be given to
the Homeowner's Associations, CERT, RSVP, etc. Per Debbie H., there is ajob description available. ApriVMay
timeframe is when ARC has its big push for shelter manager training.
Parking Problems
Reg Buxton brought up the Advisory Board parking problem. He spoke with Skip Camp - Russ Rainey suggested
issuing cards for the dash board. Today was okay for parking. Jim V. suggested you let Security know when you
come through that there is a problem with people parking in that section. It would be good to address this problem
and additional placard with Sue Filson. If there are no spots in the Advisory Board parking area, push the security
button (blue) at the gate, tell them who you are and that there is no parking in the Advisory Board parking area, and
come in and park in the center area.
Next Meeting/Adjourn
A number of the Citizen Corps group will be in Tampa on March 19th for a terrorism conference, so the next
meeting will be held on Wednesday, April 16, 2008 at the Board of County Commissioners chambers. Motion to
adjourn the meeting at 3:53 p.m. made by Floyd Chapin and seconded by Russ Rainey. Approved unanimously.
Minutes submitted by Mary Ann Cole
Approved by Chair:
4#
Reg Buxton
045
Fiala
Halas
Henning
Coyle
Coletta _
GAG April 10, 20081 L J 1 A
Approval of CAG Mi s V 1
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March 13,2008
RECEIVED
APR f 0 2008
\.)
Board of County Commissioners
MINUTES OF THE MEETING OF THE COLLIER COUNTY
COASTAL ADVISORY COMMITTEE
Naples, Florida, March 13,2008
LET IT BE REMEMBERED, that the Collier County Coastal Advisory
Committee, in and for the County of Collier, having conducted business
Herein, met on this date at 1 :00 P.M. in REGULAR SESSION at
Administrative Building "F", 3rd Floor, Collier County Government
Complex Naples, Florida with the following members present:
CHAIRMAN: John Sorey, III
VICE CHAIRMAN: Paul Sullivan
Murray Hendel
Heidi Kulpa
Anthony Pires
Jim Burke
David Buser
E. Glenn Tucker( excused)
Victor Rios
ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director
Colleen Greene, Assistant County Attorney
Gail Hambright, Tourist Tax Collector
Dr. Michael Bauer, City of Naples
Misc, Cooes:
Date:
It~m #: Iloll A .?)
- !c
'*
GAG April 10, 2008 1 t.. I 1 A
Approval of CAG Min M
2 of 12
March 13, 2008
I. Call to Order
Chairman Sorey called the meeting to order at I :00 PM.
II. Pledge of Allegiance
The Pledge of Allegiance was recited.
III. Roll Call
Roll Call was taken with a quorum established.
IV. Changes and Approval of Agenda
Gary McAlpin, Coastal Zone Management Director noted the following changes:
VII. Staff Reports
3. Project Cost Report - replacement of page #2
6. Parking Analysis Request by Mr. Pires - replacement of page #6
7. Addition of item #7 - 195 and 183 Reimbursement from Unspent
Marketing Budget
8. Addition of Item #8 - Broward County Federal Sand Search
9. Addition of item #9 - Wiggins Pass Discussion Group
VIII. Old Business-
Removal of item regarding Hideaway Beach T-Groin
2. Addition of City of Naples Grant Application
Mr. Hendel moved to approve the agenda subject changes noted. Second by Mr.
Sullivan. Carried unanimously 8-0.
V. Public Comments
None
VI. Approval of CAC Min utes
1. December 13, 2007
Mr. Burke moved to approve the minutes of the December 13,2007
minutes. Second by Mr. Hendel. Carried unanimously 8-0.
2. February 14,2008
Mr. Pires moved to approve the minutes subject to the following correction:
Page 3, paragraph 6 - Colleen Greene Assistant County Attorney statement
also provided indication that there was "no liability for the Coastal Advisory
Committee with regard to the Clam Bay Pass permit. ..
Dr. Buser stated that not all of his comments was contained in the body of the
minutes and objected to the format of the minutes.
Second by Mr. Hendel. Motion carried 7-1. Dr. Buser voted no.
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Approval of CAe Minutes VI.1
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March 13, 2008
VII. Staff Reports
1. Minute Requirement Review
Gary McAlpin, Coastal Zone Management Director clarified the format of the
minutes provided to the Committee noting that the Board has voted for recap
format minutes and requested direction if this should be continued or changed to a
"verbatim minutes" format. It was noted most Committees utilize recap minutes
although some do utilize verbatim minutes. Another option is allowing a member
to state "for the record" and from that point on the comments will be transcribed
verbatim or transcribing a particular agenda item verbatim.
The Committee determined that the minutes will be summary minutes with the
ability to state "for (or on) the record" and from that point, the comments will be
verbatim.
2. Revenue Report - Gary McAlpin
The "Tourist Tax Revenue Report - FY 2007-2008" was presented to the
Committee.
3. Project Cost Report - Gary McAlpin
The "FY 2007/2008 TDC Category" A" Beach Maintenance Projects" report was
presented to the Committee.
4. FY -08/09 Grant Projection
Gary McAlpin presented the Executive Summary "Expected Major Projects for
FY - 08/09 - Preliminary" to the Committee for review. The objective is to
"Provide information for projected projects for FY-08/09."
Chairman Sorey requested Gary work with the various entities involved to
develop a Priority list for the next meeting.
Mr. Hendel requested clarification on the utilization of the City of Naples Beach
Cleaning funds.
Gary McAlpin noted the City Policy is to allow material to remain on the rack
line for 48 hours before removing it, however in general the cleaning policy is left
to the discretion of the manager of that particular beach. He could not comment
on how the City specifically utilizes these funds which are provided by the Collier
County Tourist Development Council on a yearly basis.
5. Prioritization of Grants
Gary McAlpin presented the Executive Summary "Expected Major Projects
Summarized by Funding Priority - Preliminary."
Members may provide input on the prioritization via an email to Gary.
It was noted that if Committee members send Gary an email, do not copy other
Committee members, as this is a violation of the Sunshine Law.
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Approval of CAe Minutes VI-1
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March 13, 2008
It was noted as has been done previously, the one page evaluation of the approval
guidelines and the two page TDC Category A Funding Policy be included in next
months package.
6. Parking Analysis Request by Mr. Pires
Gary McAlpin provided a document entitled "Parking Study for the North Gulf
Shore Blvd Parking Areas" (CAC March 13, 2008 Staff Report) to the
Committee.
7. 195 and 183 Reimbursement from Unspent Marketing Budget - Information
Only
Gary McAlpin provided an email sent to him from Mark Isackson dated March
11,2008 to him which answers questions posed by the CAC at the last meeting on
the above referenced funds.
8. Broward County Federal Water Sand Search
Gary McAlpin provided an email sent to him from Leo Ochs. He noted that
Broward County has initiated a search for sand to be utilized in beach re-
nourishment. Dade County and Broward County are essentially "out of sand" and
are looking for other sources, such as those in Federal Waters. Collier County's
source of sand is primarily a sand source near Sanibellsland (Tom's Hills T-I
site) which has been permitted at the expense of Collier County. Currently, only
Lee and Collier Counties are allowed to remove sand from this site. Gary is
preparing a resolution for the BCC that will be forwarded to the State of Florida.
He will be including a statement that requests that only Collier and Lee County be
allowed to remove sand from this site. He would like the Coastal Advisory
Committee to endorse this statement.
Mr. Burke moved to endorse the statement for the resolution that only Collier
County and Lee County be permitted to utilize this sand source. Second by Mr.
Rios. Carried unanimously 8-0.
9. Wiggins Pass Modeling Discussion Group
Gary McAlpin noted that the he has been notified that the Wiggins Pass
Modeling Discussion Group may not be a Subcommittee of the Coastal Advisory
Committee unless it is comprised solely ofCAC members. It will be named the
"Wiggins Pass Work Group" and comprised of the 10 members previously
approved and will take formal voting actions and report back to the CAC and
Board of County Commissioners. The meetings will be noticed with minutes
taken, approved and posted on the County website.
It was recommended that on each subsequent CAC agenda, an item should be
added for an update on the Work Groups activity.
VIII. New Business
1. Small Sand Search Results
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March 13, 2008
Gary McAlpin presented the Executive Summary "Share with the CAC the
results of the recently completed Emergency Sand Search Investigation."
The purpose is to summarize the recent sand search activity which identified
one area as an "area that is suitable for detailed investigation as an emergency
borrow area." This area is identified as the Cape Romano Shoal Sand Source.
The Committee noted the importance of communicating this information to
the City of Marco Island.
2. Cape Romano Shoal Sand Development
Gary McAlpin presented the Executive Summary and recommended
approval of funding for the Cape Romano Shoal Sand Source Development by
Coastal Planning and Engineering as outlined in the February 29, 2008
proposal titled "Proposal for the Offshore Design Phase Geotechnical and
Geophysical Investigation off Cape Romano, Collier County Florida" for a
time and material not to exceed price of $295, 195 to the Committee.
The request is for a more in-depth study regarding the quality and quantity of
the source to determine if it is ultimately feasible for use.
It was noted that offshore sources are favorable as in the past, on shore
sources have faced traffic and infrastructure damage concerns caused by
trucks.
It was noted that the costs associated with this source are reasonable
considering the cost of the development of the T-1 source offSanibellsland
was approximately $2M.
Mr. Sullivan moved to approve the Executive Summary. ("Proposal for the
Offshore Design Phase Geotechnical and Geophysical Investigation off
Cape Romano, Collier County Florida" for a time and material not to
exceed price of $295, 195") Second by Ms. Kulpa. Carried unanimously 8-0.
3. Monitoring RFQ
Gary McAlpin presented the Executive Summary "Share with the CAC the
Recently developed RFP for county wide beach, inlet and biological
monitoring" for review by the Committee. This is a draft of the RFP (Request
for Proposal); the final version will go out on March 14, 2008.
4. Approach and Schedule - Doctors and Wiggins Pass
Gary McAlpin presented the Executive Summary "Share with the CAC
Monitoring and Dredging approach to the Doctor's Pass during FY -08-09" to
the Committee for review. The objective will provide more "economies of
scale" in the process.
IX. Old Business
1. Clam Bay Permit/Channel Marker Discussion
Gary McAlpin presented the Executive Summary "Update the CAC relative
to the Clam Bay Permit Channel Marker discussion" for review by the
Committee. The document summarizes "the appropriate way to proceed with
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A
the channel marking as required in the current permit." It was noted the
permit is a violation of the requirement marking the Clam Bay Pass Channel
with navigation aids. There are existing canoe markers that are permitted,
and the County is in the process of determining if the markers can be
converted to channel markers and identifying any issues associated with the
conversion. Issues that need investigating before placement of the channel
markers are dredging locations, estuary flushing, etc. The navigational
channel markers will be placed and the County will work with the City of
Naples and the Pelican Bay Service Division to accomplish the requirement.
It may take approximately 6-12 months or longer to finalize marking the
channel.
Dr. Buser stated that he has studied this issue extensively, and spent an
enormous amount of time on it. Initially they were told all the permits were in
compliance and the environment was perfect. After doing the research and
getting the permits it was obvious there are a number of violations.
The County and the Coast Guard came in and noted all the violations with
some corrected. He asked if the County was going to hold the permit.
Gary responded the process is in discussion and the Pelican Bay Services
Division has agreed to file a request for a I-year extension for the existing
permit. There are a number of items that the Work group will identify, one
being the new 10 year management plan, and how the permit will be
administered and work.. The County will be responsible, and the exact
specifics of the permit holder will be worked out.
Dr. Buser understands if someone were injured the liability rests with the
Board of County Commissioners and asked if that was correct.
Gary would not comment on liability or safety issues. He stated that the
permit is in violation at this time for the placement of the navigational
markers.
Dr. Buser noted the Pelican Bay Services Division Board, which is a County
Board, and made up of property owners of Pelican Bay only, has
systematically backed away from any permit requirements dealing with
navigation. [n their meetings they state "well, that is the bridge, that is the
County," "that's the navigation aids, that's the County," He stated that they
(Pelican Bay Services Division) are the County and asked if they (Pelican Bay
Services Division) are not going to do it, who is? He asked who would be the
responsible party?
Gary noted that the permit is issued to the Collier County/Pelican Bay
Services Division. The County wishes to get the item resolved. He recapped
what he said earlier in the meeting that there are a number of items that need
to be resolved, and doesn't believe that money should be spent at this time in
placing markers that won't necessarily benefit - other than saying the County
put the markers in.
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Approval of CAC Minutes VI~1
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March 13,2008
Dr. Buser noted a year ago in a Clam Bay Subcommittee meeting it was
stated the "County" is going to mark the channel. They are still waiting for a
decision on who that is. He asked what he can tell the Seagate property
owners. He gave an example of a bank owned home on Starfish and that a
number of homes have been for sale for quite some time and are not selling.
He asked what he should tell them and the realtors when they ask about the
waterway and if the County is going to take responsibility and come into
compliance with a pennit they have been in violation of for ten years.
Gary stated the County knows it has an obligation to fulfill the tenns of the
penn it and they will work with the Pelican Bay Services Division to fulfill the
tenns of the pennit.
Dr. Buser read a letter from Jeff Fridken sent to Chainnan of the Coastal
Advisory Committee and its members as follows:
"[ write regarding the ongoing failure of local authorities to not properly
implement and enforce the navigation channel markers mandated by the State
Penn it for Clam Pass and Bay. As a resident of Seagate for over 20 years, I
recognized the dangers posed by this failure and the liability exposure to
governing authorities for their knowing failure to do what the law requires of
them. The channel marking is mandated for the safety of the boating public as
well as the protection of the Seagrass and marine environment. Knowing
failure to implement these safety warnings is inexcusable and prompt action to
correct this neglect is required and should be taken at this time. Thank you for
your consideration of this public safety concern. [hope your group resolves
to take action supporting implementation of the State mandated navigation
channel markings through Clam Pass and Bay."
He noted the letter was sent today. (March 13,2008)
Dr. Buser also stated there have been problems on many levels with how the
penn it is being managed, as the entity that has been given the authority to
manage it has decided not to implement certain parts of the penn it and put the
cost back on Collier County. He noted that the County needs to manage and
hold the pennit in the future and potentially allocate certain activities of the
permits to certain entities that are a taxing board.
He noted the members of the Pelican Bay Services Board are making
statements that this is a non-navigable waterway and asking the Coastal
Advisory Committee if anyone is sure it is considered a navigable waterway
by a State Agency.
Gary noted this is considered a navigable waterway.
Dr. Buser stated he did read from every Agencies pennit stating that it is
considered a navigable waterway.
Chairman Sorey stated that this fact has been established.
Dr. Buser raised a concern regarding statements made by various members of
the Pelican Bay Service District such as in a Board Meeting from July 6, 2005
in which Mr. Burke states, "1 believe that everybody knows that Clam Pass is
the only Pass in the County that is not navigable," He noted and had a
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concern if a statement is made to a Board and is considered an authority on
that issue the Board believes you. He also cited a quote from the Pelican Bay
Post in November of2006 by John Domenie who is the Chairman of the Clam
Bay Subcommittee (noting the County has basically allowed them to manage
the permit) stating "as far as navigability of the Clam Bay Estuary concern,
the 10 year plan makes no reference to this requirement or the need. "
He stated that he has reviewed the I O-year plan numerous times and it
contains statements about navigation, and numerous requirements regarding
signage for navigation. He noted concern regarding the inaccurate
information provided to the residents of Pelican Bay via their newspaper,
which only residents are allowed to place comments or articles in.
Chairman Sorey acknowledged Dr. Buser's point and requested he move on.
He noted that Mr. Burke was not a member of the CAC in July of2005 and
stated Mr. Burke has been outstanding in his effort to bring common sense
and keeping with the permit within the Work Group and thanked him
publicly.
Mr. Burke stated these items will be discussed as well as development of the
submittal 10 year management plan and permit application at that the Clam
Bay Discussion Group's meeting at 9:00 AM on March 20, 2008.
Gary stated there has been some confusion with the public on the navigability
of the Pass. From a permitting official, Coast Guard, DEP and the Army Corp
of Engineers this is a navigable waterway, whether boats can navigate it is an
entirely different issue. This is the crux of the misunderstanding.
Mr. Pires noted that this is a navigable body of water by the legal definition
with the State of Florida and other jurisdictions and should be considered as
such in the discussions.
Dr. Buser provided a photograph of the drawbridge located in the Clam Bay
Pass channel. It is a drawbridge for unobstructed sailboat.access across outer
Clam Bay that was required by the Corp of Engineers when it was built.
There are wires that are a permit violation as they hang down below the draw
span. He asked if someone was concerned about these types of issues and
wanted to approach someone about the blocking of the bridge (which was not
in the original permit or design). who would they approach?
Gary noted this is the Clam Pass Shuttle Bridge and these were violations that
were brought to his attention a year ago. There are no issues relative to this
bridge or permit condition violations that he knows of at this time. If there
are any problems with the operation or permit condition issues with the
bridge, anyone can contact him and he will get it resolved.
It is a Parks and Recreation Bridge maintained and operated by Parks and
Recreation/Coastal Zone Management and he (Gary McAlpin) should be
approached regarding the issue.
Dr. Buser asked Gary McAlpin if a County Board member was writing in a
Citizen Newspaper and was making incorrect statements who would you
approach for a retraction?
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Gary recommended that if there are incorrect statements being made by a
County Board member, a County Attorney should be approached. The
Attorney for the Pelican Bay Services Board is Heidi Ashton or Colleen
Greene; Assistant County Attorney.
Dr. Buser noted that Gary McAlpin stated the channel markers would be
placed with an anticipated time frame of 6 months.
Gary stated that they will come in compliance with the permit, they will put
the channel markers in for navigation and ensure any markers put in are
correct and accurate and give them the best value they can. There is a period
of time required for homework and investigation which may take 6-12 months
and if there are any issues relative to the operation of the existing bridge, its
permit compliance, to please notify him. If Dr. Buser has questions about
statements made at a County Board meeting or by a County Board member, to
approach the County Attorney's Office.
Chairman Sorey noted there are outstanding issues that are being researched
by the County Attorney such as the "reverter" clause for WCl and requested
Dr. Buser to possibly attend the Work Group meetings regarding the Clam
Bay Permit.
Chairman Sorey stated Dr. Buser has a Commitment from him that the
channel marking will be completed, and the issue of channel markings be
placed on the agenda for updates.
Mr. Rios noted that life safety should not be linked to "best value and tradeoff
approaches."
Gary noted if the County thought there was any navigation hazards that were
associated with the Pass, the County would move immediately. The reality is
there is no boat navigation (traffic) in the pass. He stated there hasn't been
boat traffic in that Pass for a considerable amount of time. The traffic in the
Pass is canoes and kayaks. The water depths in certain areas of the pass are
impassible because of shoals. The County has an obligation to mark the
channel for navigation, and will do that. What they want to do is look at it
relative to tidal flushing and if there are things that need to be done in tidal
flushing and dredging, they don't want to spend the money now and have to
remove what they have done within a 6 month period.
In closing he stated that "there is absolutely in our opinion. no boat traffic in
this Pass, he knows Dr. Buser will disagree with this comment; he would like
to just say there is minimal boat traffic in this Pass. "
Mr. Rios questioned the possible liability for the County or other entity when
a boater assumes this is a navigable Pass and attempts to navigate the Pass in
absence of the required markers. The way the Pass is now, not just canoes
and kayakers attempt to navigate the Pass, but boaters as well.
Gary stated he doesn't believe there are any markers in the Gulf that would
direct boat traffic into the Pass at this point. He can research it if necessary.
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Dr. Buser stated he witnesses boating in the Pass every weekend and knows
people personally who boat out of the Pass.
Chairman Sorey agreed with Dr. Buser but noted that Gary McAlpin
corrected his statement noting that there is minimal boat traffic in the Pass.
He further noted that everyone should agree that there is boat traffic in the
Estuary .
Mr. Pires stated that it is difficult to comprehend how this item (channel
marking) got to this stage. He noted that approximately 10 years ago the
applicants negotiated the permit for Clam Bay Estuary. As part of the
permitting process, conditions of the permit contained general conditions and
special conditions, which included marking of the channel. He noted that
after a 1 O-year period of time the markers have not been installed and
everyone is in agreement the permit is not being complied with. He would
like to know the rationale for not complying with the permit over a 10 year
span of a multi million dollar project, as this requirement is a relatively
inexpensive and simple process.
He also noted concern in the concept for studying the placement of the
markers for an additional 6-12 months and failure to come into compliance
with existing permits may affect permit conditions or issuance of a new permit
by any governing Agency.
Chairman Sorey noted there has been a lot of discussion in this Committee
(CAC) and the Work Group regarding the issue of this channel marking. The
question is; with the current conditions. do you spend the money for the
channel marking knowing it may have to be modified?
Mr. Pires noted that this marking should have been completed a long time
ago.
Mr. Hendel moved that the County do what has to be done as soon as
possible and not in 6-12 months. (In marking of the channel)
Chairman Sorey noted that a time certain was a good idea and asked Gary
McAlpin if the Committee has the authority to request this action or if the
Board of County Commissioners would make the decision.
Gary McAlpin noted the County Commission would make that decision.
Chairman Sorey noted that the motion should direct the Board of County
Commissioners with a time certain to take action on the issue.
Dr. Buser noted that he was told this a year ago when brought to the attention
of the Naples City Council. He wrote a paper on the topic which was
circulated throughout the County a year ago immediately after it was given to
the City Council and for it to take another 6 months shows him nothing has
been done.
10
GAG April 10. 2016 I 1 A
Approval of CAG Minutes VI.1
11 of 12
March 13,2008
With lack of second the motion was not considered.
Dr. Buser stated consideration should be given to a motion that will bring it
to the attention of the Board of County Commissioners that there are liability
issues with regards to the failure ofthe managing group of the permit to post
the required navigation aids.
Mr. Pires moved to recommend to the Board of County Commissioners to
expeditiously come into full compliance with all the terms of the existing
permit conditions involving the Clam Bay permit. Second by Mr. Hendel
Speakers
Doug Finlay, resident, City of Naples, noted he spends a lot of time in Clam
Bay, mainly kayaking but also boating and is glad Gary McAlpin corrected
his statement. He has gone north and south, it becomes tricky below the
bridge and sees a boat coming in and out of the Pass. The boats are usually a
small center console boat with a tilt motor, but the Pass is used. The City of
Naples residents had a right to access the Gulf through the Pass previous to
the Pelican Bay Development and this right should be maintained and he is
surprised that the markers are not in place and feels a lot of it has to do with
the Pelican Bay Service Division who manages the penn it and there the issues
are different from the City of Naples and the Seagate residents.
Gary McAlpin requested a time limit to be an "expeditiously as possible"
requirement in the motion. It will take at least 120 days to obtain the penn its.
Mr. Pires noted the fonnat of the motion is just a recommendation to the
Board of County Commissioners.
Mr. Sorey noted that the time limit should be 6 months or less, but as soon as
possible and directed Gary McAlpin to forward the results of the motion to the
Board of County Commissioners.
Motion carried unanimously 8-0.
2. City of Naples Grant Application
Gary McAlpin noted that the Grant application will be summarized for the
next meeting.
X. Public Comments
None
XI. Announcements
Ms. Kulpa thanked Gary McAlpin for his fine work in setting up the Wiggins Pass
Work Group.
Mr. Hendel requested an update on the Vanderbilt Pier.
II
CAC April 10, 216 I I A
Approval of CAG Minutes Vl-1
12 of 12
March 13, 2008
Gary McAlpin noted that there is a series of Public discussions and Workshops for
the Pier and will take all comments and suggestions back to the Board of County
Commissioners for their direction in continuing the study and the Phase approach,
etc. At that time a detailed analysis of the project will be prepared and submitted for
information to CAC,(Coastal Advisory Committee) PARAB (Parks and Recreation
Advisory Board and TDC (Tourism Development Council) for comments which will
ultimately be forwarded to the BCe.
Dr. Buser stated that his comments were not a direct attack on Gary McAlpin, he has
been a fantastic liaison between all parties and he greatly appreciates it.
XII. Committee Member Discussion
None
XIII. Next Meeting Date
April 10, 2008 - Government Center, Administration Bldg. F, 3'd Floor
There being no further business for the good of the County, the meeting was
adjourned by order of the chair at 2:55 P.M.
Collier County Coastal Advisory Committee
These minutes approved by the Board/Committee on
as presented or as amended ~
12
~'~\\
F" I . ~ . oj ~ " 6
laa -." ~ J J A
Halas - ---
Henning~ February ,20
Coyle "~----; RECEIVED
Coletta- " TRANSCRIPT OF THE MEETING OF THE APR 082008
CODE ENFORCEMENT BOARD
Naples, Florida February 28, 2008
Board of County Commissioners
LET IT BE REMEMBERED, that the Code Enforcement Board
in and for the County of Collier, having conducted business herein,
met on this date at 9:00 a.m. in REGULAR SESSION in Building "F"
of the Government Complex, East Naples, Florida, with the following
'.
members present:
CHAIRMAN: Gerald Lefebvre
George Ponte
Richard Kraenbring (absent)
Charles Martin (absent)
Jerry Morgan
Larry Dean
Kenneth Kelly
Edward Larsen
Lionel L'Esperance (absent)
ALSO PRESENT:
Jean Rawson, Attorney for the Board
Michelle Arnold, Code Enforcement Director
Jeffrey Klatzkow, Assistant County Attorney
Bendisa Marku, Operations Coordinator
Mise ~.
0aIt: _-
!!9mtlkIl6.__L
Page 1
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1611 A
February 28, 2008
MR. LEFEBVRE: I'd like to call the Code Enforcement Board
of Collier County meeting to order. Date, February 28th, 2008.
Notice: The respondent may be limited to 20 minutes for case
presentation, unless additional time is granted by the Board. Persons
wishing to speak on any agenda item will receive up to five minutes,
unless the time is adjusted by the Chairman.
All parties participating in the public hearing are asked to
observe Roberts Rules of Order and speak one at a time so that the
court reporter can record all statements being made.
Any person who decides to appeal a decision of this board will
need a record of the proceeding 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.
Neither Collier County nor the Code Enforcement Board shall be
responsible for providing the record.
MS. ARNOLD: For the record, Michelle Arnold.
I'd like to just make one small modification to our proceedings
today. We have a presentation that I'd like to make first before we start
our daily business.
And I'm going to approach the front here, and if you'll join me.
And hopefully this is working. Yes.
We'd like Sheri Barnett to come up front here and be recognized.
Sheri Barnett has been on our board for many years and served as
chairman of the Code Enforcement Board. And we would just love to
recognize her years of service for Collier County and on the Code
Enforcement Board. And we appreciate it. Thanks.
MS. BARNETT: Thank you, everybody, and good luck. It's
been a pleasure serving with you.
MR. PONTE: And with you.
MS. ARNOLD: I just have one other announcement. We have a
new member on our -- it's Ed Larsen, and he's an attorney, local
Page 2
Februa~ 98! 2~08 A
attorney in town. So welcome to the board.
MR. LARSEN: Thank you very much.
MR. LEFEBVRE: And now roll call.
MS. MARKU: For the record, Bendisa Marku, Operations
Coordinator.
Mr. George Ponte?
MR. PONTE: Here.
MS. MARKU: Mr. Gerald Lefebvre?
MR. LEFEBVRE: Here.
MS. MARKU: Mr. Larry Dean?
MR. DEAN: Here.
MS. MARKU: Mr. Jerry Morgan?
MR. MORGAN: Here.
MS. MARKU: Mr. Richard Kraenbring has an excused absence.
Mr. Kenneth Kelly?
MR. KELLY: Here.
MS. MARKU: Mr. Edward Larsen?
MR. LARSEN: Here.
MS. MARKU: Mr. Lionel L'Esperance has an excused absence.
MR. LEFEBVRE: And approval of the minutes?
MR. DEAN: Motion to approve.
MR. PONTE: Second.
MR. LEFEBVRE: All in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
MR. LEFEBVRE: Aye.
MS. ARNOLD: We do have some changes to the agenda, if you
want to do those. Or do you want to do the -- let's do the changes to
the agenda, okay?
Page 3
Februl~ 2~, ~oo~
Or do you want to do elections of officers? That's one of the
things up first.
MR. DEAN: Let's do that first.
At this time I'd like to make a motion that Gerald Lefebvre be
nominated for chairman of the board and -- do we have a second?
MR. KELLY: I'll second it.
MR. LEFEBVRE: All in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
MR. LEFEBVRE: Aye.
Any opposed?
(No response.)
CHAIRMAN LEFEBVRE: Motion carries.
And for vice-chairman, I spoke to Richard Kraenbring this
morning, and he would like -- I'd like to nominate him as
vice-chairman.
MR. MORGAN: Second.
CHAIRMAN LEFEBVRE: All in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion carries.
MS. ARNOLD: Okay. Well, welcome, new chairman.
CHAIRMAN LEFEBVRE: Thank you.
Page 4
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February 28, 2008
MS. ARNOLD: We do have some changes to the agenda. The
first is Item No. 4.A.2. That item is being continued to March, and that
is at staffs request.
Also we are withdrawing Item 4.C.1, that's Board of County
Commissioners versus Raul and Gloria Gutierrez.
Item 4.C.6, Board of County Commissioners versus
Vanderbilt-Devco, LLC. There's a stipulation, and that item will
become 4.B.1.
Item 4.C.7 is being withdrawn. That's Board of County
Commissioners versus McIvey, LLC.
Item 5.BA is being withdrawn from the agenda. And there's been
a request to replace it with 5.B.9, Board of County Commissioners
versus Auto Village of Naples. So that will become our new 5.BA.
And item 5 .B.1 0 is also withdrawn from the agenda.
And then we're moving the rules and regs from new business to
reports. All we are needing on that is your signature.
And that's it.
CHAIRMAN LEFEBVRE: Do I have a motion to approve the
amended agenda?
MR. KELLY: Motion to approve.
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion's approved.
Approval of the minutes for the January 24th, 2008 meeting.
Page 5
February ~'ol A
MR. KELLY: Done. We already did that.
CHAIRMAN LEFEBVRE: Very good.
All right, we're going to start off with public hearings.
Motion for rehearing. BCC versus Stanley Fogg, Jr. and Theresa
M. Fogg.
MS. ARNOLD: Mr. Chairman, this item is a request from the
petitioner to be considered for rehearing. You all have been presented
a copy of the request.
I was hoping that our legal counsel was going to be here to
respond to it. I don't see him at all.
So if we could kind of hold off on that until he's here?
CHAIRMAN LEFEBVRE: Okay.
MS. ARNOLD: And I can check on that. If you don't mind, Ms.
MS. McALLISTER: Okay.
CHAIRMAN LEFEBVRE: Okay, start off with stipulated
agreements then. And that would be BCC versus Vanderbilt-Devco,
LLC.
And is the respondent here?
MS. WALDRON: No, they're not.
MS. ARNOLD: We'll just have her sworn and then--
(Speaker was duly sworn.)
MS. WALDRON: For the record, Jen Waldron, Collier County
Code Enforcement, environmental specialist.
I have reached a stipulation agreement with Vanderbilt-Devco,
LLC for the violation of vegetation removed over the allowable
acreage without obtaining the proper permits.
The stipulation agreement states that they will pay the
operational costs in the amount of 468.31 incurred in the prosecution
of this case within 30 days ofthis hearing.
The respondent must apply for the after-the-fact vegetation
removal permit for vegetation removed for installation of the fence
Page 6
Felr~a& !s, ~OS
from the environmental services department with four times the
normal permit within 30 days of this hearing or a daily fine of $50 will
be imposed for each day until the after-the-fact vegetation removal
permit is applied for.
The respondent must prepare a mitigation plan which meets the
criteria stated in 04-41, as amended, Section 1 0.02.06.E.3. The
mitigation plan shall be prepared by a person who meets or exceeds
the credentials specified in Section 10.02.02.A.3.
The respondent is required to establish a monitoring program
that would determine the SO percent survivability of species ofthe
plants used in the mitigation effort over a two-year period with
replacement required to maintain the SO percent minimum annually.
A minimum of two reports will be submitted by the respondent.
This mitigation plan must be submitted within 30 days of this hearing
or a daily fine of $200 will be imposed for each day until mitigation
plan is submitted.
All plant materials must be installed in accordance with the
mitigation plan within 120 days of acceptance of mitigation plan or a
daily fine of $200 will be imposed for each day until plant material is
installed.
And the respondent must notify Code Enforcement that the
violation has been abated and request an investigator to come out and
perform a site inspection.
And this was signed by a partner of the company, John
Varsames, on the 26th ofthis month.
MR. PONTE: Investigator, how many acres are involved here?
MS. WALDRON: Excuse me?
MR. PONTE: How many acres are involved?
MS. WALDRON: Well, it's an undeveloped parcel. I'm not sure
what the total -- I think it's a five-acre parcel. But it was -- they were
going for -- the original owners of the property were going for an SDP
and then they sold the property, and the new owners came in and
Page 7
FebruaJR, ~Ja8 A
installed the fence without getting a vegetation removal permit,
removed vegetation to store materials on the property, which isn't
allowed.
MR. PONTE: Thank you.
CHAIRMAN LEFEBVRE: Any more questions?
(No response.)
CHAIRMAN LEFEBVRE: Can I have a motion?
MR. KELLY: I make a motion we approve the stipulated
agreement.
CHAIRMAN LEFEBVRE: And a second?
MR. PONTE: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion is passed.
Going to move on to hearings. BCC versus Sergio Valencia.
MS. MARKV: For the record, Bendisa Marku, Operations
Coordinator. This is in reference to Case No. 2006090115.
I would like to ask if the respondent is present.
For the record, the respondent is present.
The respondent and the board were sent a packet of evidence,
and I would like to enter the packet of evidence as Exhibit A.
MR. KELLY: Make a motion to accept the packet.
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
Page 8
1611 A
February 28, 2008
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
MS. MARKU: Violation of Ordinances 04-41, as amended,
Collier County Land Development Code, of Sections 3.05.01(B),
vegetation removal, protection and preservation.
Description of violation: Property has been mechanically cleared
without a permit in excess of one acre.
Location/address where violation exists: 2080 16th Avenue
Southwest, Naples, Florida, 34117.
Name and address of person/owner -- name and address of
owner/person in charge of violation location: Sergio Valencia, 2080
16th Avenue Southwest, Naples, Florida, 34117.
Date violation first observed: September 8th, 2006.
Date owner/person in charge given Notice of Violation:
September 12th, 2006.
Date on/by which violation to be corrected: October 9th, 2006.
Date ofre-inspection: November 3rd, 2007.
Results of re-inspection: A violation remains.
At this time I would like to turn the case over to Code
Enforcement Investigator Susan O'Farrell.
(Speaker was duly sworn.)
MS. O'FARRELL: For the record, Susan O'Farrell, Collier
County Code Enforcement Environmental Investigator.
We're here today to talk about the case at the property of 2080
16th Avenue Southwest. Mr. Valencia has cleared -- well, bought the
property, which had been about half cleared with the house put on, a
patio, a shed and the front yard.
He proceeded to clear the rest of the property in order to store
business equipment. And that is why we're here today, to talk about
Page 9
Februa~qJ, losA
the illegal clearing of the one-and-a-half acres of his property.
The total property is two-and-a-half acres. And I have pictures
that I can show you, if you'd like.
CHAIRMAN LEFEBVRE: I'd like to enter those as evidence.
MR. KELLY: Make a motion to accept this as packet B.
MS. O'FARRELL: I'm going to show them to Mr. Valencia first.
CHAIRMAN LEFEBVRE: Do I have a second?
MR. MORGAN: Second.
MR. PONTE: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
MS. O'FARRELL: Mr. Valencia has agreed that I can show the
pictures to you.
This is the back portion of the property that abuts onto the canal.
This was what I observed the first day that I came out to look at the
property .
This was a pile of fill that had been brought in to level out the
property. He was intending to use it for storage of business equipment.
This is the same area over to the left a little bit. I get so confused
with north, south, east and west, so if you have any questions I'll try
and figure it out for you.
This is facing the house from the back of the property.
These are the cypress trees that were graded away from and
damaged.
It appeared that he had moved a lot offill from the middle of the
yard to try and make it smooth.
This is the -- if you're at the back of the property at the canal,
Page 10
Februa~ qJ, loosA
you're standing, and in front of you is the area that's been completely
cleared. Just past that is this large grassy area where he installed the
grass. And then you can see the house in the distance.
This is if you turned directly around and you were looking back
towards the canal again.
This is a shot of the line between his property and the adjacent
property, which does contain a lot of wetland. It kind of shows you
that the property has been raised up between five and six inches.
Damaged cypress trees.
More damaged cypress trees.
More damaged cypress trees.
This is from outside of the property along the canal.
This is past the grassy area, as you're getting closer to the
property .
This is the side yard.
This is the other side of the adjacent property.
I think what you can get is an idea is that the whole property's
been cleared.
Then we have pictures that were taken yesterday after attempts
with Mr. Valencia to mitigate the property.
He had originally agreed on September 12th when he signed the
Notice of Violation to pursue an accessory use whereby he could have
removed all of the equipment, fenced the property and had animals, or
he could have gotten another permit for an outbuilding and had the
square footage plus a setback for that clearing. There were various
options that I explained to him that he could do. Unfortunately he
chose not to pursue any of them.
So these are the pictures from yesterday that were taken by
Investigator Jen Waldron. I believe she's still here, if you want her
documentation of that.
So what Mr. Valencia has done in this picture is along the chain
link fence he's planted ficus shrubs.
Page 11
Febru~~ 18,~oof
This is the back property. It's become weeded over, and he's
storing pallets of pavers.
This is from the street side looking into the property.
We have not gone onto his property except to -- I have even
posted things outside the chain link fence. I didn't feel comfortable
going onto the property after my last meeting with him.
This is the back of the property along the canal.
And this is the front yard. The whole front yard is completely
cleared also.
So what the county is asking is that the CEB payoff all
operational costs -- oh, yeah, I'm sorry, jumped ahead.
I'm finished presenting my case.
MR. KELLY: Susan, in the beginning you had stated that the
house was put there and it had a shed and there were parts of the yard
that was cleared -- part of the original construction.
MS. OfF ARRELL: Right.
MR. KELLY: Do you know what size of the property was
cleared originally versus what he's being cited for as a violation?
MS. O'FARRELL: J would say they were on their acre. They
had cleared their acre, because of the front yard being completely
cleared of everything. All the palmettos, the pine trees, everything had
been cleared from the front, the two side yards and the back. And they
might even have been in excess a little bit of the one acre. But I would
say that he was close to the one acre.
MR. KELL Y: In Golden Gate Estates you're allowed to clear
one acre without a vegetation removal permit.
MS. O'FARRELL: Right.
MR. KELLY: Are you allowed to clear anything but exotics --
or all exotics except native vegetation without a permit? Because it
looked in the picture like there was a lot of underbrush that was
removed.
MS. O'FARRELL: What you're allowed to clear is exotics
Page 12
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February 28, 2008
without using any machinery without a permit. As long as it's hand
removal of only exotics, you can clear it by hand without a permit.
MR. KELLY: And is he being cited for a violation of bringing in
fill or raising the property level or anything like that? Is that a
violation or are we just --
MS. O'FARRELL: That would be a violation without the permit,
yes.
MR. KELLY: But is this--
MS. O'FARRELL: He was cited for -- the ordinance that he was
cited for does include bringing in the fill.
MR. KELL Y: It does.
MS. O'FARRELL: Yes.
MR. KELLY: Thank you.
MS. O'FARRELL: I have it here, if you would like me to read it
to you.
MR. KELLY: Did you leave a copy of it in our packet?
MS. O'FARRELL: It should be in your packet.
MR. KELLY: 3.05(B)?
MS. O'FARRELL: Yeah.
MR. KELL Y: I got it. Thank you.
CHAIRMAN LEFEBVRE: Any other questions at this time?
(No response.)
CHAIRMAN LEFEBVRE: We're going to move on to the
respondent.
MR. VALENCIA: Hi.
CHAIRMAN LEFEBVRE: Can you please state your name.
MR. VALENCIA: Sergio Valencia.
I bought this house almost three years ago. And the pictures that
she took drawn in the back I did clear, because I bought the house
because I own business. And I didn't know that I need permit to clear
the underbrush. I did remove couple sabals.
I pull up a permit for right-of-way to culvert pipe on the back of
Page 13
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February 28, 2008
the property. You see the gravel? And I pull up the permit and I build
my driveway. In order for me to do my driveway, I had to bring in fill
and gravel and use it for my backyard.
If you see the trailer, I did clear with my boss plate (phonetic)
back and forth and level the land. If you see the sabal, the trunk, that
was the dirt. There was piles in there and I leveled -- and I cleared the
underbrush.
Where my driveway goes, I did remove sabal palms in the
clearing the underbrush. That's what I did.
I didn't know that I was doing something illegal or need any
permit to do that. I wouldn't mind pull up a permit. But I didn't know.
And yes, I did clear part of my property to storage my equipment back
then.
But since I'm losing the house, there's no more parking, there's
no more -- there's no more business outside. I'm going through
economic problems right now. And here I am.
You guys make the decision. If you have to replace some plants,
she was telling me that it needs to survive for at least two years. And I
don't know if I'm going to be that long living in the house.
And yes, I did clear the lot. I did remove couple of trees and
level, and I brought fill to use my parking lot. There's two driveways.
There's one here and there's another one here. With permit. If you see
the pictures, I can show you from where to where I clear.
And I'm here and you guys make the decision. Whatever you
guys want to do with me, I ain't got no problem.
CHAIRMAN LEFEBVRE: I'm going to close the public
hearing, and does the board have any questions?
MR. PONTE: Just one for Susan. Susan, why has it taken this so
long to come to us? This case is a year and a half old.
MS. Q'F ARRELL: I agree. I believe that it went on too long.
There was the time when I was away from the Code Enforcement
Department. We also had several meetings where Mr. Scribner met
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February 28, 2008
with Mr. Valencia and decided to give him more time. Then it was
told -- I had it prepared for Code Enforcement Board and I was asked
to hold it off until after the year, the new year.
MR. PONTE: I see. Thank you.
CHAIRMAN LEFEBVRE: Any further questions?
MR. KELLY: One more question for Susan. Part ofthe -- I
understand that your recommendation's probably going to be
somewhere right along --
MS. O'FARRELL: Similar to what Jen just talked about in her
last case.
MR. KELLY: Realistically, he had talked about a couple of
Sabal Palms that were removed. Other than a few Sabal Palms, how
do you re-vegetate underbrush?
MS. O'FARRELL: Well, we have the mitigation requirements
that require the three different strata, which would be the ground
cover, the mid-level and then the canopy.
Usually when I'm doing a mitigation like this, I try not to push
the groundcover quite as strongly. I just think that if you went out onto
a normal Estates property and saw what was there, you'd see Sabal
Palms and palmettos and the occasional oak tree.
And that -- we can use that as a mitigation template, what an
adjacent property looks like.
I'm not sure if Mr. Valencia explained to you, but he has
received foreclosure papers, so he is losing his house. And I wanted to
make sure that was clear to the CEB, that you all understood that.
CHAIRMAN LEFEBVRE: Any further questions?
(No response.)
CHAIRMAN LEFEBVRE: Discussion of the board?
MR. KELLY: I think it's clear by the respondent's admission that
he did remove the trees without the permit. So I would say that a
violation did exist.
CHAIRMAN LEFEBVRE: Anyone else?
Page 15
February 12~, !0!8 A
Mr. Ponte?
MR. PONTE: No.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KELL Y: In that case I'll make a motion that a violation
existed.
CHAIRMAN LEFEBVRE: And a second?
MR. PONTE: Second.
CHAIRMAN LEFEBVRE: All in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(N 0 response.)
CHAIRMAN LEFEBVRE: Motion carries. There is a violation.
And your recommendation?
MS. O'FARRELL: The county recommends that the Code
Enforcement Board order the respondent to pay all operational costs
incurred in the prosecution of this case within 30 days ofthis hearing,
in the amount of$847.09.
The respondent is ordered to abate all violations.
The respondent must prepare a mitigation plan which meets the
criteria as stated in LDC 04-4], as amended, Section] 0.02.06(E) (3).
The mitigation plan shall be prepared by a person who meets or
exceeds the credentials specified in Section 10.02.02(A) (3).
The respondent is required to establish a monitoring program,
which is in section ]0.02.06 (E) (3) (e) (i), that would determine the
80 percent survivability of species of the plants used in the mitigation
effort over a two-year period, with replacement required to maintain
the 80 percent minimum annually.
Page 16
FebruaJ ~,12Jo8 A
A minimum of two reports will be submitted by the respondent.
Reports will be due at one-year intervals. This mitigation must be
submitted within 30 days of this hearing or a daily fine of$200 will be
imposed for each day until the mitigation is submitted.
All plant material must be installed in accordance with the
mitigation plan within 15 days of acceptance of mitigation plan or a
daily fine of $200 will be imposed for each day until the plant material
is installed.
The respondent must notify the code enforcement investigator
when the violation has been abated in order to conduct a final
inspection to confirm abatement.
CHAIRMAN LEFEBVRE: Can you put that up on the screen,
please.
MR. KELLY: Susan, how many trees do you think we're talking
about total?
MS. Q'F ARRELL: I have an aerial that shows neighboring
properties pretty heavily vegetated. And I have a case on the other
side of the street where they cleared, and it was a pretty extensive
amount of Sabal Palms. I can't say for sure how many live oaks, but
usually there will be one or two live oaks. And generally those
properties out there are pretty densely vegetated with saw palmettos.
MR. KELLY: I was going to make a recommendation to the
board that we extend the ]5 days to install. I figure that that's where
it's headed. And I'm just wondering if] 5 days is enough time to find a
contractor, get it in there and get it placed. Probably going to need
some kind of irrigation as well.
MS. O'FARRELL: What I would suggest, and Michelle Arnold
is more than welcome to shut me up at any moment, is that the Code
Enforcement Board might want to -- instead of recommending the
mitigation plan being submitted by a person with those credentials, but
rather that he submit a plan showing a certain number of plants that
would be installed, rather than having the extra expense of having the
Page 17
Februarh~, !J8 A
specialist do the plan, since we know what basically the three plants
are that need to be done.
MR. KELLY: And would staffbe able to give him some TA,
technical assistance, in coming up with that?
MS. ARNOLD: The only reservation I would have about that is
I believe the LDC dictates who can submit these things, and that type
of thing. So I'm not really sure whether or not you all have the latitude
of saying okay, you plant these many trees. I don't know. I mean, if
our attorney was here, maybe he could answer that.
MR. KELLY: Well, I'm not an expert. I don't know if any of us
would feel comfortable saying "X" number of trees. Just trying to see
what we could do to help out. But -- okay, thanks.
MS. O'FARRELL: Well, the other thing we could also do is give
them 120 days to plant so that they're in the rainy season and we don't
have to worry about the irrigation.
MR. KELLY: I have another question. It's more of a process and
legal issue.
Jean?
MS. RAWSON: Yes.
MR. KELLY: When we're done, this gets filed as an order.
MS. RAWSON: Correct.
MR. KELLY: Until the time limit is expired and until this comes
back to us for an imposition of fines, there's no lien placed, is there?
MS. RAWSON: Well, it's a recordation immediately of the
order. And so ifhe were to sell the property, which I think he
indicated he might, it's going to show up.
MR. KELLY: Okay, good. That's what I was -- thank you.
MS. RAWSON: Oh, absolutely.
MS. ARNOLD: Yeah, it's good to do this now, because then it
gives prospective buyers notice of the pending issue on this particular
property .
MR. KELL Y: Exactly. Thank you.
Page 18
1611 A
February 28, 2008
I would just make a recommendation that -- two things. First of
all, I think the fine of200 a day, typically the board has used that
amount for more health and safety violations. I think that might be
exceSSIve.
And I think Susan's recommendation to go to 120 day for
actually planting would probably be better.
MR. PONTE: I agree with you. I think that as constructed right
now the punishment doesn't fit the crime, in a nutshell, and that we
ought to do everything possible that we can to mitigate the finding of
this fine. And $200 is just -- is so high, in my mind, for someone
who's trying to cooperate and has obtained other permits, that it's just
not viable, in my mind.
The extension of the time also is a great idea, and we ought to be
as lenient here as we possibly can, knowing that, you know, a
violation does exist but punishment here doesn't fit the crime.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MS. O'FARRELL: Is this a closed hearing right now?
MS. ARNOLD: Did you already close the public hearing?
CHAIRMAN LEFEBVRE: I did close it.
MR. KELLY: We did, but I'd like to ask the question to Susan to
-- what's on your mind?
MS. O'FARRELL: What's on my mind is that Mr. Valencia was
not cooperative in the beginning. The only permit that he pulled was
for the culverts for the driveway and for the fence permit. He didn't
pull any other permits for the property.
And when I first investigated the case he also did not have his
occupational license for that property to run the business.
So I'm sorry, Mr. Ponte, I don't agree that he's been cooperative
in this. Where he is now is stuck between a rock and a hard place,
because he wants to cooperate but he's losing his house. And so I think
ultimately what's going to happen is it's going to go into foreclosure
and this will be a lien against the property.
Page 19
Februa~ 98,12!08 A
MR. PONTE: I think it would be the view of a normally prudent
person to think that if a case dragged on for a year and a half, as this
one has, that it really isn't that important. And that plays in my mind
as well.
MS. O'FARRELL: Well, we had a lot of supervisors involved in
this case. There was a lot of communication between different
supervisors and Mr. Valencia.
But really, he kept saying that he was going to do things and
then never did them. So that's where I'm standing on it.
MR. DEAN: You know, Ijust don't feel that a foreclosure is that
just. I mean, how do you know that? I mean, we're thinking about in
the future. And in was the lender, I probably wouldn't want that
property with the problems. So it doesn't mean it's going to
foreclosure.
MS. O'FARRELL: I agree --
MR. DEAN: But to say it is --
MS. O'FARRELL: -- that the $200 is a little steep. I would
probably go to $ 1 00. But I don't think either fine is going to make any
difference in terms of how this is going to get mitigated.
MR. PONTE: Well, the fine makes a difference because one of
the responsibilities that we have is to have criteria in place or in mind
to guide us to future fines.
MS. O'FARRELL: Right.
MR. PONTE: So an excessive fine is not excusable in any form.
And this one is excessive.
MS. O'FARRELL: I agree.
CHAIRMAN LEFEBVRE: Mr. Ponte, would you like to make a
motion?
MR. PONTE: In terms of the fining? I would like to have Susan
read the -- what she has with those revisions, the 120 days and -- my
screen's not working so I can't read it.
MS. O'FARRELL: Oh, okay. Then I'm going to have to take it
Page 20
16/1 A
February 28, 2008
off that screen in order to read it.
Did you want me to read the whole thing?
MS. ARNOLD: Just the dates and the fine amount.
MS. O'FARRELL: So this mitigation plan must be submitted
within 30 days ofthis hearing. Are we all -- you all are agreed with
that? Or a daily fine of $1 00 per day -- is that okay? Okay -- will be
imposed for each day until the mitigation plan is submitted.
All plant material must be installed in accordance with the
mitigation plan within 120 days of acceptance of mitigation plan or a
daily fine of $100 will be imposed for each day until plant material is
installed.
Does that sound like what the board is looking for?
MR. PONTE: Okay, I'll make a motion to accept.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KELLY: I'll second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion carries.
Can you put that back up for a minute, please?
MS. O'FARRELL: Yeah, I had one question. Because I didn't
read out the operational costs. That is still part of the previous
recommendation that I wrote.
CHAIRMAN LEFEBVRE: Do you understand what we just
did?
MR. VALENCIA: Yes, sir.
Page 21
February~9, !068 A
CHAIRMAN LEFEBVRE: If! understand correctly, you have
30 days to get a mitigation plan, and then 120 days after the mitigation
plan to plant the plants, or a fine of $1 00 per day.
MR. VALENCIA: All right. Thank you.
CHAIRMAN LEFEBVRE: You're welcome.
MS. O'FARRELL: That's it?
CHAIRMAN LEFEBVRE: Yes.
MS. O'FARRELL: Thank you.
CHAIRMAN LEFEBVRE: You're welcome.
We will be moving on to BCC versus Mahir Trading
Corporation.
MS. PATTERSON: Good morning. For the record, Sherri
Patterson, Collier County Code Enforcement.
(Speakers were duly sworn.)
CHAIRMAN LEFEBVRE: Bendisa?
MS. ARNOLD: What I was going to say is that they've entered
into a stipulation at this point right now. And rather than go through
the whole case --
CHAIRMAN LEFEBVRE: Did you tell me that earlier?
MS. ARNOLD: No. Actually, no.
CHAIRMAN LEFEBVRE: Okay, good.
MS. ARNOLD: That's why I was starting to interrupt, and--
CHAIRMAN LEFEBVRE: Okay. I wasn't sure if! missed
something.
MS. ARNOLD: Sorry. So if you could just read through the
stipulation. And the respondent is here, so they can confirm whether
or not they are in agreement.
MS. PATTERSON: Well, as the director said, the Mahir Trading
Corporation has entered into the stipulation -- a stipulation agreement
with the county.
Mr. Alam Faiz is here representing Mahir Trading Corp. He is
the manager at the Sunoco Station that's owned by Mahir.
Page 22
FebruaryI2~, ~at8 A
And they agreed to the terms and conditions, the violations. And
I'd like to read the violations to you now.
The violations are that of section 1 0.02.06(B)(1)( e )(i),
1O.02(B)(2)(A), 1O.02.06(B)(2)(D), 1O.02.06(D)(ix) of the Collier
County Land Development Code.
And the violation is described as a sign without the required
permit.
We ask that the respondent pay all operational costs in the
amount of $439.26 incurred in the prosecution of the case and to abate
all violations by obtaining required permits and inspections, affixing
the permit number to the sign and receiving the Certificate of
Occupancy within 30 days of this hearing or a fine of$150 a day will
be imposed for each day the violation continues.
If the respondent does not wish to permit the aforementioned
sign, then the sign shall be removed, including the supporting
structure, within 30 days of this hearing, or a fine of $ 150 per day will
be imposed for each day the violation continues.
The respondent must notify the code enforcement investigator
when the violation has been abated in order to conduct a final
inspection to confirm abatement.
CHAIRMAN LEFEBVRE: Do you agree to that?
MR. FAIZ: Yes.
CHAIRMAN LEFEBVRE: Okay. Does the board have any
questions?
(No response.)
CHAIRMAN LEFEBVRE: Can I have a motion to either accept
it --
MR. PONTE: I'll make a motion to accept the stipulation as
read.
CHAIRMAN LEFEBVRE: And can I have a second?
MR. MORGAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
Page 23
Febrl~ 18~oJ
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Motion passes.
MS. PATTERSON: Thank you.
MS. ARNOLD: Mr. Chairman, I'd like to go ahead and do our --
the motion, because it's not fair that the respondent's representative is
here on time and we're not. So if we can hear that next?
MS. McALLISTER: Good morning.
CHAIRMAN LEFEBVRE: Good morning.
MS. McALLISTER: Kelly McAllister for respondents, Mr. and
Mrs. Stan Fogg.
Mr. Fogg is here this morning, if you have any questions.
But after chatting with Ms. Arnold, I understand that all we're
really here for today is to decide whether or not to grant the rehearing,
which is purely a legal argument.
We had -- Mr. Chairman and members of the board, we have
asked for the opportunity to reappear to argue our violation ofLDC
04-41, section 2.02.03 because there was really no factual basis for the
board's prior findings of fact and law.
The decision was not based on substantial competent evidence, it
was based merely on an opinion letter from the zoning verification -- a
zoning verification letter, I'm sorry, which in and of itself did not
contain substantial competent evidence, and really contained nothing
but opinion and a couple of facts that really weren't relevant to
whether or not there was a violation of Section 2.02.03.
I think I probably pretty well detailed it in the motion itself. But
the opinion letter -- to rise to the level of substantial competent
evidence, the opinion letter would have had to have been evidence that
Page 24
Febru~~ 18,~00f
was sufficient and material such that a reasonable mind would accept
it as adequate support for the conclusion reached.
The opinion letter -- in effect, these were the facts of the opinion
letter that stated that a violation existed. Number one, that sheds could
be used for other purposes; and number two, that prefabricated sheds
were not mentioned in Section 2.02.03.
I would point out that neither are trowels, rakes or shovels
mentioned, and yet one wouldn't conclude that those were not
accessories to gardening. And I would also point out that many
gardening things, such as trowels, rakes and shovels can be used for
other purposes.
Therefore -- and we also already had the discussion about the
SIC codes, which, of course, are totally irrelevant. They are not
incorporated and in fact are really used merely to count employees by
the Department of Labor and Immigration, and have no relevance
here.
Although I would point out an interesting fact about the SIC
codes that were mentioned by zoning, and that is that both numbers of
code classifications that he mentioned fall under the general category
of building materials, hardware, garden supplies and mobile home
dealers.
So you can see that the SIC codes, which are actually not even
really much used now, were not relevant and do not constitute
substantial competent evidence.
What we would like is the opportunity to come back and present
you with the competent and substantial evidence that will show that
the sheds that Mr. Fogg is selling are indeed accessories to gardening
and properly should be considered part of the allowable uses under
Section 2.02.03.
I think also there was a second violation, and we saw it again
this morning, in that the charging packet was never given to Mr. Fogg
until actually about five minutes before the hearing started. And the
Page 25
Febru~!,loogA
board did look at the photographs that were included in that charging
packet, and I cannot say whether or not the board considered that in
making its decision, but I can say that they were looked at, they were
mentioned in the hearing, and we of course did not have the
opportunity to present any photographs or any material in response to
that charging packet because we didn't have it. We only got the notice
of hearing in advance, and that is a procedural due process violation,
according to the board's own rules, which state that the charging
packet must be presented to the violator along with the notice of
hearing.
Those are the two bases for the request for rehearing.
MS. ARNOLD: Can I speak to that?
Just to address the last point about the charging document. The
charging document was presented to the respondent and his
representative, and the charging document is a statement of violation,
along with a notice of hearing.
What wasn't presented is the evidence, and the photos
represented evidence at the hearing. And those things are presented at
the hearing, not prior to the hearing.
And just to speak to the process itself, the county does object to
the content of this request because we disagree with the finding that --
we believe that the respondent is asking the board to interpret the
Land Development Code, and that is not something that this body is
responsible for doing.
The process is if they disagree with the zoning interpretation
letter, they can request a formal request for interpretation ofthe Land
Development Code by the zoning director, which is the person
responsible for interpreting the Land Development Code. That hasn't
been done.
So we object for the fact that they're asking you to do something
that you're not authorized to do. And that was, I believe, brought up at
the hearing.
Page 26
Febru!$>2t ~oo;
The other point about the sheds being accessory to the
agricultural sale or what the client is mentioning, we agree that the
Land Development Code doesn't specifically define all accessory uses.
It doesn't define those uses that were mentioned by Ms. McAllister,
the shovels and the like. But the shovels and the like aren't what are
being addressed right here. It doesn't also address tractors, and tractors
are used in agricultural things, and that would not be a permissible
sale item as well for this nursery establishment.
And those are, for those reasons the county objects to the
rehearing.
MS. McALLISTER: Mr. Chairman, may I respond?
CHAIRMAN LEFEBVRE: Yes.
MS. McALLISTER: First of all, I would point out as to the last
point, actually the code does address the issue of tractors in that it says
the sale of large power equipment such as lawnmowers, tractors and
the like shall not be permitted in association with a retail plant nursery
in a rural agricultural district.
So it does specifically exclude those large items like tractors and
lawnmowers.
The second thing I would point out is that we are not asking this
board to interpret the Land Development Code. We had that
conversation last time we were here, and it was clear that this board
and I do not have the authority to make that consideration.
What I am saying to you is that you have the authority to say,
when you get a zoning verification letter, to say to the zoning
department you need to give me a letter, you need to give us a letter
that has something in it that we can hang our hats on in making a
decision.
And the mere fact of the issuance of a letter, an opinion letter, is
not in and of itself substantial competent evidence, which this board
must base its decision on.
And I would ask for the opportunity, to number one, show that
Page 27
FebruaJ~J 2108 A
that is not -- that is merely an opinion letter based on nothing except a
conclusion by a member of the zoning department that prefabricated
sheds can be used for other purposes. And I think this board has the
authority to say no, we don't agree that you've provided us with
enough to find a zoning violation in this particular case.
And that is what we are -- we would like to come back and argue
in response to the zoning verification letter.
We would like to provide you with the substantial competent
evidence that it does indeed fit under the accessory uses in that
particular part of the code.
CHAIRMAN LEFEBVRE: Go ahead.
MR. KELLY: I'll wait until it's closed. I'm sorry.
CHAIRMAN LEFEBVRE: Anything else?
(No response.)
CHAIRMAN LEFEBVRE: I'm going to close the public
hearing.
MR. KELLY: For the board's consideration, I have four points to
bring up in support of allowing the rehearing.
Number one, I agree that it was a casual interpretation of the
Land Development Code. And I understand that Ross is qualified, but
it's stilI yet an interpretation, which leads to my second point.
The interpretation is an opinion. And I believe that our board is
often called upon to help give direction in those gray areas. And I
think it is within our right to rehear this.
Number three, the fact that the letter quoted the standard
industrial classification code and the fact that that's not referenced in
the Land Development Code as an accessory way of classifying these
zoning issues, which led to my fourth point, the fact that this board
was split right down the middle, you know, a four-four vote, and had
to go to revote before it was passed.
But I think those together I think are good reasons to rehear this
case.
Page 28
Febru1r9j8,lwo~
CHAIRMAN LEFEBVRE: Any other discussion of the board?
MR. PONTE: Yeah, I think we have to move very slowly here.
Rehearing cases is a very serious consideration. And I agree with what
my colleague has said. And also, both the county, Michelle, and the
attorney made some compelling arguments.
I think that what we have to decide first is what our real position
is and how hard our position should be about setting standards for
rehearing. This is a big question because it wiII come up over and over
again. And I think it ought to be difficult for any respondent to get a
rehearing.
So those are my just initial thoughts on it. I can't respond more
than that right now.
I hear what you're saying, and they're all valid. But I just don't
want to rush pell-mell into going along with the rehearing.
MR. KELLY: If it pleases the board, might I suggest that
possibly when this comes -- if we were to vote for a rehearing, that we
subpoena Ross to have testimony to explain why the letter was written
the way it was and what supporting evidence is found in the code,
prior experience, common law, whatever is used, to help better justify
the position that the zoning department took.
MR. PONTE: That's an excellent idea.
MR. KELLY: Which we would do in a venue of a rehearing.
MR. MORGAN: I agree.
MR. DEAN: Jean, could I ask a question?
MS. RAWSON: Yes.
MR. DEAN: Re-hearings. I didn't think we did re-hearings. I
thought there was a process that they took and went on to the next step
if they weren't satisfied, the code gave them that right.
MS. RAWSON: Well, we do. I'm going to read to you from your
rules.
A party may motion a rehearing of the board's order based only
on the ground that the decision was contrary to the evidence or that the
Page 29
February ~,~JoJ A
hearing involved an error on a ruling of law which was fundamental to
the decision of the board.
And then it goes on to say it has to be a written motion.
You have a written motion, which basically alleges those
grounds. And so you can grant or not grant a rehearing based on your
decision whether or not your last decision was contrary to the
evidence or involved an error on the ruling of law that was
fundamental to the decision that you made.
So you do have the opportunity. And I might ask, and if you
decide that you're going to grant it or not grant it, please give me
specific findings of fact so that can be in the order.
MR. DEAN: Let me askjust one more question.
So let's say that it was denied. They still have a process where
they can go and carry this further, right?
MS. RAWSON: Well, she has the right to appeal.
MR. DEAN: Right. That's what I'm saying, right of appeal.
MS. RAWSON: And I believe that her motion for rehearing was
timely filed, so that that tolled her time for an appeal.
MR. DEAN: Okay.
CHAIRMAN LEFEBVRE: Any other comments of the board?
(No response.)
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. KELL Y: I'll make a motion that we grant the appeal on the
grounds that the evidence presented was an interpretation of law; was
not clearly explained; that the respondent did not have the opportunity
to mount a proper defense; that the opinion given does not constitute
evidence; that the standard industrial classification code, which was
admitted as part of justification for the evidence is not an amended
justification or further class code of the Land Development Code.
And that's it.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. PONTE: I'll second it.
Page 30
February !~2Jol A
CHAIRMAN LEFEBVRE: All those in favor, say aye.
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion carries.
MS. RAWSON: If! could just say one thing. I know that you
just misspoke, you granted her an appeal. And basically what you did
is you granted her a rehearing. So she has the right to come back
before this board and present evidence again. It's not really an appeal.
MR. KELLY: I apologize. A rehearing.
MS. RAWSON: That's okay. I just want what you ordered to
look like what I'm going to write.
MR. PONTE: Good idea.
CHAIRMAN LEFEBVRE: Do we need to amend it at all or --
MS. RAWSON: Why don't you just amend it orally that it's not
granting her an appeal but granting her a rehearing.
MR. KELLY: Correct, it's granting a rehearing, not an appeal.
MS. RAWSON: Thank you.
MR. DEAN: That was on the agenda, I thought that's what we
were doing.
MR. KELLY: My bad. I word-smithed it some.
MR. DEAN: I heard you correctly.
CHAIRMAN LEFEBVRE: Moving on to our next hearing,
which wiII be BCC versus Patriot Square, LLC.
MS. MARKU: That is in reference to Case No. 200706-0341,
Patriot Square, LLC. Property owner Dennis E. Claussen, registered
agent.
Page 31
1611 A
February 28,2008
For the record, I would like to ask ifthe respondent is present?
(No response.)
MS. MARKU: The respondent is not present.
The respondent and the board were sent a packet of evidence and
I would like to enter the packet of evidence as Exhibit A.
MR. KELL Y: Make a motion to accept the packet.
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Motion is passed.
MS. MARKU: A violation of ordinances 04-41,
10.02.06.8.1 (E)(i), 10.02.06(B)(2)(a), 1 0.02.06(B)(2)( d),
10.02.06.(B)(2)(D)(ix) of the Collier County Land Development
Code, and 2004-58, Sections 16.1 and 3 of the Property Maintenance
Code.
Description of violation: Freestanding sign without required
permit. Sign has missing panels and exposed internal wiring.
Location/address where violation exists: 4143 Tamiami Trail
East. Folio No. 394440004.
Name and address of owner/person in charge of violation
location: Dennis E. Claussen, Registered agent, 141 0 West Irving Park
Road, Chicago, Illinois, 60613.
Date violation first observed: June 5th, 2007.
Date owner/person in charge given Notice of Violation: July 2,
2007.
Page 32
1611 A
February 28,2008
Date on/by which violation to be corrected: August 7th, 2007.
Date ofre-inspection: October 17,2007.
Results of re-inspection: Sign remains without required permits
and in state of disrepair.
At this time I would like to turn the case over to Code
Enforcement Investigator Sherri Patterson.
(Speaker duly sworn.)
MS. PATTERSON: Again, Sherri Patterson, Collier County
Code Enforcement.
As stated, this sign is in violation of the Collier County Land
Development Code for not having the required permit. And it is also
in violation of the property maintenance code for the unincorporated
area of Collier County for not being maintained in good repair.
I have a couple exhibits I'd like to enter, if! may.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. PONTE: Motion to accept the exhibits.
CHAIRMAN LEFEBVRE: Second?
MR. DEAN: Second.
MR. KELL Y: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Motion carries.
MS. PATTERSON: This photograph here was taken back in
June of'07. It shows the extensive damage that was done to the sign.
The property owner told me that the damage was done by
Hurricane Wilma, actually, so it's been there for quite some time.
And then this is another photo that was actually taken yesterday.
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February 28, 2008
As you can see, the sign hasn't changed at all.
MR. KELLY: Sherri?
MS. PATTERSON: Yes?
MR. KELLY: So we're supposed to see signage in the open part
of the frame --
MS. PATTERSON: Correct.
MR. KELLY: -- below the sign's--
MS. PATTERSON: Yeah, there's Lexan panels that go in those,
and they have the tenant's names on them. So those have been blown
out.
And there's -- and this last photo right here is going to show you
that -- the health and safety issue. We've got wires hanging out all
over there and, you know, God knows what else is under there. But
that's just a close-up shot of that bottom panel. There's other stuff up at
the top, so --
So I had actually -- I had talked to Dennis Claussen, the
registered agent for Patriot Square, the property owner. I actually tried
to deliver personal service of a notice of violation to him on July 2nd,
2007, but he was unavailable.
So I was able to catch up with him the next day by phone and we
talked at length as to what the violations were and how to correct
them.
Mr. Claussen said that he understands that there are provisions
that he needs to follow under the code. He said that Collier County
makes it difficult to get those permits. And I kind of asked about, you
know, what his problems were with it and told him I'd be able to help
him in any way that I could.
But he said to just go ahead and send the notice of violation to
him. I told him that what needs to happen with the sign is that it wiII
have to be permitted and repaired or the sign and the sign structure
would have to be removed entirely.
So I told him that I was going to be mailing the notice of
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February 28, 2008
violation, and asked if the address that I had been provided through
the Sunbiz Corp. was correct. And he said no. So he asked that I mail
it to him at 141 0 West Irving Park Road, Chicago, Illinois, 60613.
The notice of violation was mailed certified return receipt on
July 5th, 2007.
The date the violation was to be corrected was August 7th, 2007.
I had no other further contact from Mr. Claussen until on
September 26th, 2007, after the permit had expi -- after the time frame
had gone by, he called to say that Sign Craft, who's a local sign
contractor here, was going to be submitting the permit application as
soon as they figured out who the tenant names on the sign was going
to be.
After that I had no further contact from Mr. Claussen or anyone
acting on his behalf. And the search of the county records revealed
that there's stilI no permit for this sign and it remains in the condition
that you just saw.
And I guess that's pretty much it.
So, you know, we're asking that he, you know, get the permits
and -- you know, repair the sign, gets the permits and inspections and
get eventual CO for that sign.
MR. KELLY: Does community development's computer system
allow you to check to see if a permit was applied for, not necessarily
issued?
MS. PATTERSON: Yes, it does.
MR. KELLY: And nothing applied for at all?
MS. PATTERSON: No, it has not.
MR. KELLY: Thank you.
CHAIRMAN LEFEBVRE: The sign as it stands, it can be
repaired versus it doesn't have to be replaced? It would meet all the
current codes?
MS. PATTERSON: I'm not a structural engineer, you know, in
any way to know that the structure is fine. Obviously it needs the
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February !8~2tal A
panels replaced and things like that. But if there's been any damage to
the actual frame and stufflike that, I wouldn't know.
But the sign would, I believe, still qualify as a directory sign,
and so he would be able to have that there. But the main thing is he
needs to get the panels replaced.
CHAIRMAN LEFEBVRE: But the height of it is --
MS. PATTERSON: Yes.
CHAIRMAN LEFEBVRE: -- still meets land code --
development code?
MS. PATTERSON: Yes.
MR. MORGAN: Does the sign permit include the electrical
wiring, get one permit for both?
MS. PATTERSON : Yes, it does. There's like -- we have -- well,
I don't know if they would go through the footer inspection, but they
call it a footing or footer inspection. And what that does is they
inspect the base of the sign to make sure it's sturdy.
And then the next inspection is actually the electrical that they
do on it.
And then the last and final one is the final sign inspection,
making sure there's not too many tenants and what have you, it meets
setback and all that.
MR. MORGAN: How about the structural?
MS. PATTERSON: I'm not sure if the -- yeah, probably would
be a structural on this one as well, yes.
I don't have the permit in front of me right now, but you're right,
that probably would be done.
CHAIRMAN LEFEBVRE: Any more questions?
MR. LARSEN : Yes. When you spoke to Dennis Claussen, did
he acknowledge that he knew the sign was damaged?
MS. PATTERSON: Yes, he did.
MR. LARSEN: And that was after you first contacted him?
MS. PATTERSON: Yes. Mr. Claussen was a bit angry that I had
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February 28, 20118
called him and told him that the sign needed to be fixed. Although he
knew about it, he wasn't very happy hearing from me.
He has -- I guess he's had some concerns with the county and
their code ordinance, the ordinances, you know, particularly to signs.
Maybe at some other place that he owns or something.
And I said that, you know, it doesn't matter ifhe -- you know, he
needs to get it done, basically. It just needs to happen.
MR. LARSEN: I just have one more question.
Besides the tenants that are continued to be listed on the sign,
were there other tenants that were operating from the property whose
panels were blown out by the hurricane?
MS. PATTERSON: Yes.
MR. LARSEN: Thank you.
CHAIRMAN LEFEBVRE: Any other questions of the board?
MR. PONTE: I'll make a motion that a violation exists as
described in the charging documents of Case 2007060341.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. PATTERSON: The county's recommendation is that the
CEB order the respondent to pay all the operational costs in the
amount of$384.67 in the prosecution of this case within 30 days of
this hearing, and abate all the violations by obtaining required permits,
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February 28, 2008
inspections and certificate of occupancy within 30 days of the hearing
or a fine of $150 per day wiII be imposed for each day the violation
continues.
The permit number is to be affixed to the sign at the time of CO.
Ifthe respondent is unable to permit the aforementioned sign,
then the sign shall be removed, including supporting structure, within
30 days of this hearing or a fine of$150 per day will be imposed for
each day the violation continues.
The respondent must notify the code enforcement investigator
when the violation has been abated in order for the code inspector to
perform a final inspection to confirm abatement.
CHAIRMAN LEFEBVRE: Can you put that up, please, on the
screen.
And it would be a certificate of completion, correct, not a CO?
MS. PATTERSON: Yes, that's correct.
CHAIRMAN LEFEBVRE: Have you been -- I guess have you
contacted the sign company at all?
MS. PATTERSON: Um--
CHAIRMAN LEFEBVRE: Just wondering ifthat 30 days--
MS. PATTERSON: I do not have any name for a sign company
that they were going to use. Let's see, I think I do have -- I was
contacted at one point by a company called Premier Electric. And this
was near -- right after the notice of hearing was posted. And they
wanted to know what the issue was with the sign because they were
going to maybe be contracted by the respondent and try to get it done.
When I told them what it was and how extensive the damage
was and everything, they were a bit concerned and they wanted to put
the ball back in Mr. Claussen's court and let him do what he wants to
do. They didn't want to get involved --
CHAIRMAN LEFEBVRE: I'm just wondering if30 days would
be sufficient to have a sign -- you know, if it does need more extensive
work than just the panels and the electric work, it may take longer to
Page 38
Febru!~ }8,~00'
actually have the sign fixed.
MS. PATTERSON: It very well could.
MR. MORGAN: Does the -- it says the sign shall be removed,
including the supporting structures. Does that include the footings?
MS. PATTERSON: I apologize, I didn't hear.
MR. MORGAN: Does that include the footings, when you say
remove the structure? Because the footings may be a foot above grade
or two foot above grade. That includes it, right?
MS. PATTERSON: That's correct. They usually have the bolts
that stick up out of the ground --
MR. MORGAN: Right, that's correct.
MS. PATTERSON: -- and, you know, it poses a health and
safety issue.
And ifI may, there is one more thing I'd like to add. You know,
as far as the 30 days go, the reason why that time frame was given is
because it is a health, safety issue as well with all the panels being
broken. They're very sharp. And all the wiring is like hanging down
out of the top and coming up from the bottom. There's pieces of -- you
can see these sharp pieces of metal right there, and the bolts. And that
was actually kind of close to the ground.
So that's why the 30 days was given.
MR. LARSEN: If I may ask, how is the respondent notified of
today's decision?
MS. PATTERSON: He was notified by -- I posted the property
MR. LARSEN: No, how will he be notified of to day's decision?
MS. ARNOLD: Regular mail.
MS. RAWSON: He will get a copy of this order as soon as it's
signed. We have a five-day turnaround, and the orders go out by mail.
MR. LARSEN: Okay. And he's in Chicago. So with the 30 days
from the date of the hearing, that gives him less than the full 30-day
period of time in which to obtain permits or take remedial action.
Page 39
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February 28, 2008
MR. PONTE: The 30 days seems to be a little bit of a concern
here. My feeling about the 30 days is it's right on target. This damage
was done, according to the respondent's conversation with the
investigator, by Hurricane Wilma. He's known for a long time that the
sign has been damaged. He has ignored any kind of coming into
compliance to fix it.
And I think that the 30 days may be a bit on the close side, but it
will build a little fire under this respondent to get some attention. This
matter is not obviously high on his priority list, let's push it up the list.
MR. DEAN: I agree with George 100 percent. You know, ifhe
has a problem, let him come back and ask for more time.
But, you know, like you said, it is a health hazard. Kids play on
that.
I wouldn't give him 30 days but, you know, that's probably the
most realistic thing to do. So I concur with George. Thanks.
CHAIRMAN LEFEBVRE: Any other comments from the
board?
MR. KELL Y: One more comment. I don't know that a sign
company is going to be able to order in these panels and have them
back in time to comply. I think 30 days, although you're right, I agree,
I would love to see this thing fixed, but Wilma happened October 24th
of2005.
MR. PONTE: October 28th.
MR. KELLY: I thought it was the 24th. I think it was the day
before my wife's birthday.
Anyways, but it's been there a long time. And this has been eight
months since the code enforcement first violated the property. I don't
know that it's realistic. And I'd hate to see this gentleman have to
come back in front of us and face fines and so forth for something that
I think we all agree isn't within the realm of possibilities up front.
MR. DEAN: On the other hand, like when you talk about 30
days, once he hires somebody they'll go over there and probably rip
Page 40
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February 28, 2008
this problem out. Might take them longer to get the sign, but at least
they'll clean up this problem here. And then that health hazard is gone.
So then the concern isn't as great.
MR. KELLY: Can I make a suggestion then, since this might
appease the board? Then we give him 30 days to clean up any of these
electrical wires, shut down power to it, clean up any sharp edges or
metal pieces and then give another 60 to erect the new sign or demo
the entire sign if necessary.
MR. PONTE: That would be 90 days. I can't go along with that.
CHAIRMAN LEFEBVRE: How about 30 days from the hearing
to take care of wiring and so forth and then 60 days to get the sign
panels back in place?
MR. KELLY: That was my suggestion, but George said that 90
days --
MR. PONTE: That's 90 days.
MR. KELLY: So 30 and 30?
MR. DEAN: Thirty and 30 I'll buy.
MR. PONTE: Thirty and 30, okay.
CHAIRMAN LEFEBVRE: Right. What I'm saying is 60 days
out from today to have the sign in complete order.
MR. PONTE: Yes.
CHAIRMAN LEFEBVRE: Would you like to put that in a
motion?
MR. KELL Y : Well, George sounded like he had it.
MR. PONTE: We'll take the -- just as read, with the exception
that the sign be 60 days rather than 30.
Isn't that what you're saying?
MR. KELLY: No, what I was saying is add another line into this
motion -- let me give it a shot. Let me give it a shot.
We go ahead and we accept the county's recommendation with
the addition that the respondent is given 30 days to remove sharp
metal objects, exposed wiring and to shut any power or electrical
Page 41
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February 28, 2008
services to the sign.
And then 30 days -- additional 30 days, which would be 60 from
the date of the hearing, for both the demo and permit certificate of
completion for a new sign or to remove the structure.
MR. DEAN: I second that motion.
CHAIRMAN LEFEBVRE: Before we second it, should we also
add in there that it must be done by a licensed contractor?
MS. PATTERSON: Licensed contractor.
MS. ARNOLD: Can I ask for clarification, too? He's got 30 days
to remove any unsafe items or what?
MR. KELLY: $150 per day.
MS. ARNOLD: Thank you.
CHAIRMAN LEFEBVRE: Jean, does that --
MS. RAWSON : You're just adding another line, that he's got 30
days to clear up all exposed wiring, sharp objects and stop all
electrical current to the sign or $150.
CHAIRMAN LEFEBVRE: Right, but it must be done by a
licensed contractor.
MS. RAWSON: Okay. And then we go to the recommendation
of the code enforcement officer.
MR. KELL Y: Right, with the --
MS. RAWSON: But it's 60 days.
MR. KELLY: Sixty days total, yes.
And I'm amending the motion to reflect that. If you want to
re-second it.
MR. PONTE: I'll second the motion.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
Page 42
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February 28,2008
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. ARNOLD: Can I just have some more further clarification?
Okay, it's 30 days to remove items and 30 days from that to
obtain permits?
MR. DEAN: Right. Total 60 days.
MR. KELLY: Total 60, yes.
MS. ARNOLD: Okay. I think it would just be a lot easier to say
60 days from mailing, 60 days from hearing so we have a specific date
to go by, instead of 30 days from --
MR. KELLY: Well, I think that's what Jean read back was 60
days. Thank you.
MS. PATTERSON: Thank you.
CHAIRMAN LEFEBVRE: Moving on to the next case, BCC
versus Jose Penda (sic).
MS. WALDRON: Pineda.
CHAIRMAN LEFEBVRE: Pardon me?
MS. WALDRON: Pineda.
CHAIRMAN LEFEBVRE: Pineda. Thank you.
MS. MARKU: That is in reference to Case No. 2006070815.
For the record, I would like to ask if the respondent is present?
(No response.)
MS. MARKU: For the record, the respondent is not present.
MR. KELLY: Bendisa, ifI could stop you real quick. I'm not
sure if it's the same person, but I do have a competitor with this last
name, and I think it is the same person. And I'd like to recuse myself
so that there's no bias to the board.
CHAIRMAN LEFEBVRE: Okay.
(Mr. Kelly leaves the room.)
MS. MARKU: The respondent and the board was sent a packet
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February 28, 2008
of evidence, and I would like to enter the packet of evidence as
Exhibit A.
CHAIRMAN LEFEBVRE: Do I hear a motion to accept?
MR. DEAN: Make a motion to accept.
CHAIRMAN LEFEBVRE: Do I have a second?
MR. MORGAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
MS. MARKU: Violation of Ordinances 04-41, as amended,
Collier County Land Development Code, Section 3.05.01(B).
Description of violation: Vegetation removed on undeveloped
property without obtaining the proper required Collier County permits.
Location/address where violation exists: 3585 33rd Avenue
Northeast, Naples, Florida.
Name and address of owner/person in charge of violation
location: Jose A. Pineda, 3730 Seventh Avenue Northwest, Naples,
Florida, 34120.
Date violation first observed: July 24th, 2006.
Date owner/person in charge given notice of violation: Posted
property on April 10th, 2007.
Date on which/by which violation to be corrected: May 10th,
2007.
Date ofre-inspection: October 16th, 2007.
Results of re-inspection: Violation remains.
At this time I would like to turn the case over to Code
Enforcement Investigator Jennifer Waldron.
(Speaker was duly sworn.)
Page 44
1611 A
February 28, 2008
MS. WALDRON: For the record, Jen Waldron, Collier County
Code Enforcement.
This is a case about vegetation removal on an undeveloped
property. What happened was -- and I'd like to submit some photos so
I can show you as I'm explaining.
CHAIRMAN LEFEBVRE: Can I have a motion to accept the
photos.
MR. MORGAN: Motion to accept.
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. WALDRON: It looks as though someone has been illegally
dumping on this property. They've been bringing roofing tiles in,
which is in turn -- it looks like they brought in heavy machinery to
dump the roofing tiles and has removed the vegetation in the process
and has prohibited any kind of vegetation to re-grow on this property.
You can see here the pictures of the roofing tiles.
This is one section where it looks like they just -- stuff fell off
the truck and vegetation is trying to re-grow, but it's not doing well.
That's the same thing, basically.
This is looking towards the rear of the property. There's -- it
looks like there's numerous times been different loads of the roofing
tiles brought in.
That's probably the best view that you can see of how much
Page 45
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February 28,2008
vegetation has been actually destroyed during this process.
So they're not allowed to bring anything, kind offill, basically,
onto the property to destroy any kind of vegetation. There are no
permits.
That's pretty much it. It's pretty cut and dried.
CHAIRMAN LEFEBVRE: Okay. I'm going to close the public
hearing. Any discussion or questions from the board?
MR. PONTE: Yeah. Again, I know this is a familiar question.
Either I missed it or -- the question is how many acres are involved
here?
MS. WALDRON: It's a 1.66-acre lot. And in had to estimate, I
would say it's probably a quarter of acre vegetation that was removed.
MR. PONTE: Thank you.
CHAIRMAN LEFEBVRE: Do I hear a motion?
MR. DEAN: I make a motion a violation does exist.
CHAIRMAN LEFEBVRE: And do I hear a second?
MR. PONTE: I'll second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
Recommendation?
MS. WALDRON: The county's recommendation is that the CEB
order the respondent to pay all operational costs in the amount of
398.10 within 30 days of this hearing incurred in the prosecution of
this case and to abate all violations by: The respondent must remove
Page 46
Febru!~ }8,~00f
any fill brought on the property prohibiting the growth of vegetation
by hand as to not disturb any additional surviving native vegetation
within 15 days of this hearing or a daily fine of $200 wiII be imposed
for each day until fill is removed.
The respondent must prepare a mitigation plan which meets the
criteria stated in Land Development Code 04-41, as amended, Section
10.02.06(E)(3).
The mitigation plan shall be prepared by a person who meets or
exceeds the credentials specified in Section 1O.02.02(A)(3).
The respondent is required to establish a monitoring program,
1O.02.06(E)(3)(e)(i), that would determine the 80 percent survivability
of species of the plants used in the mitigation effort over a two-year
period, with replacement required to maintain the 80 percent
minimum annually.
A minimum of two reports wiII be submitted by the respondent.
This mitigation plan must be submitted within 30 days or a daily
fine of $200 wiII be imposed for each day until mitigation plan is
submitted.
All plant materials must be installed in accordance with the
mitigation plan within 120 days of acceptance of mitigation plan or a
daily fine of $200 will be imposed for each day until plant material is
installed.
And the respondent must notify the code enforcement
investigator when the violation has been abated in order to conduct a
final inspection to confirm abatement.
CHAIRMAN LEFEBVRE: Jennifer, how realistic is it to
remove all those tiles via hand? A quarter acre --
MS. WALDRON: After looking at it yesterday, it's going to be a
lot of work to do it by hand. But the problem is that there is new
native vegetation growing in the entrance area where they originally
brought it in. So if they're going to bring big trucks in there, they're
going to be destroying native vegetation also.
Page 47
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February 28, 2008
CHAIRMAN LEFEBVRE: And they wouldn't be able to get a
permit to, let's say, destroy that vegetation to get in there?
MS. WALDRON: No.
MR. DEAN: Even if they were going to put it back?
MS. WALDRON: I mean, we can do an allowance for that,
saying if you destroy this native vegetation it's got to be replaced.
MR. DEAN: So a truck could get in there.
MR. PONTE: As written, it sounds like a penal colony exercise.
We have to -- there has to be a more realistic way to resolve the
problem, rather than going in and clearing one-and-a-half acres by
hand of scattered roof tiles.
MS. WALDRON: It's not the whole property.
CHAIRMAN LEFEBVRE: It's a quarter-acre.
MR. PONTE: A quarter acre?
MS. WALDRON: Yeah. It's probably a quarter acre of roofing
tiles. And it's not solid roofing tiles throughout that whole quarter
acre.
MR. MORGAN: Could you clear it with a land leveler and a
Ford tractor? You know what a land leveler is?
MS. WALDRON: No. A bush hog?
MR. MORGAN: It scoops up and levels land in small areas.
MS. WALDRON: They could. But what we're trying to do is
trying to retain as much native vegetation that's there already so they
don't have to replant.
MR. PONTE: But you're going to replant it anyway, right?
MS. WALDRON: Well, they are, but it would cut the cost for
the respondent if we try to save as much as possible in the meantime.
I understand it's going to be a lot of work and that it is ultimately
your decision what you decide to do, so --
MR. PONTE: That's right, a lot of work is going to be costly,
too.
CHAIRMAN LEFEBVRE: You're going to pay one way or the
Page 48
16r1 1
February 28, 2008
other.
MR. PONTE: That's right.
CHAIRMAN LEFEBVRE: Well, do I have any more discussion
of the board?
(No response.)
CHAIRMAN LEFEBVRE: Look for a motion.
MR. DEAN: I make a motion to accept the code enforcement's
(sic) as recommended.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. MORGAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
MR. PONTE: (Indicating.) One.
CHAIRMAN LEFEBVRE: Motion passes.
MS. WALDRON: Thank you.
CHAIRMAN LEFEBVRE: Next hearing should be BCC versus
Stewart W. Conrad (sic).
MS. MARKU: That is in reference to Case No. 2007080964.
I would like to ask if the respondent is present.
MR. MONTALVO: Actually, my name is Oscar Montalvo, I'm
representing Connard Stewart. He lives out of town and he works for
the federal government and he couldn't appear today.
MS. MARKU: For the record, a representative of the respondent
is present.
The respondent and the board was sent a packet of evidence, and
I would like to enter the packet of evidence as Exhibit A.
MR. KELLY: Before I make a motion to accept, I was
Page 49
Februa~ 98,12!08 A
wondering if the respondent's representative can state, first of all, the
relationship and just for the record if you could state that you have
been given authorization to represent Mr. Stewart.
MR. MONT AL VO: Yes. My last conversation with Stewart was
in January. He asked me to come in and take care of this. I'm actually
the business owner taking care of the issues that arised.
MR. KELL Y: Thank you. I make a motion to accept the packet
asA.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
MS. MARKU: Violation of Ordinances 04-41, Land
Development Code, as amended, Sections 1O.02.06(B)(2)(a) and
10.02.06(B)(2)(d)(ix), 5.04.05(A)(1) and 5.04.05(A)(2). And
Ordinance 2004-58, the Property Maintenance Code, Sections 16(2)(i)
and 16(2)(j).
Description of violation: Signs erected without permits, and a
banner displayed without permit.
Location/address where violation exists: 525 15th Street North,
Immokalee, Florida. Folio No. 75211880002.
Name and address of owner/person in charge of violation
location: Stewart W. Connard, Trust, 800 Lambiance Circle,
Apartment 205, Naples, Florida, 34108.
Date violation first observed: August 28th, 2007.
Page 50
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February 28, 2008
Date owner/person in charge given notice of violation: October
15th, 2007.
Date on/by which violation to be corrected: October 31st, 2007.
Date ofre-inspection: November 19th, 2007.
Results of re-inspection: Violation remains.
At this time, I would like to turn the case over to Code
Enforcement Investigator Kitchell Snow.
(Speaker was duly sworn.)
MR. SNOW: For the record, Investigator Kitchell Snow. That's
spelled K-I-T-C-H-E-L-L.
This is a case that involved erection of signs, permanent signs
without a permit and displaying a banner without a permit.
I would like to submit in evidence -- let me show the respondent,
I didn't show him earlier, these photographs.
And for the record, we have seen significant progress here in the
last few days. But again, there's some circumstances involved. It
wasn't moving forward the way we thought it should move forward.
But let me show the photographs and I'll explain.
CHAIRMAN LEFEBVRE: Do I hear a motion to accept the
county's package A?
MR. PONTE: So moved. Move to accept.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. MORGAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. SNOW: As you can see, these are photographs. This is a
photograph of the business before it was actually opened. The pole
Page 51
Februa~6s121l08 A
sign that you see and the awning sign were not permitted.
This is just another photograph ofthe same thing, a little closer.
This is a photograph of the banner that was displayed without
proper permits.
And the last one, and this is our significant progress, this is as of
yesterday.
The permit was issued in actually December, and the work is
just starting to commence yesterday. And actually it looks much,
much better than it did.
The respondent indicated that he was economically challenged
and has some issues with some funds. He had paid a contractor -- and
he'll testify to this. He had paid a contractor to do the work. The
contractor has since gone out of business, didn't pull any permits, and
he got kind of caught in the -- with the problem.
There has been proper service given in this case to the property
owner and to the business owner. And again, there's a violation --
there is a violation on the property . We'll go over recommendations,
but that's it on my side.
CHAIRMAN LEFEBVRE: Please state your name.
MR. MONTALVO: Oscar Montalvo, III.
CHAIRMAN LEFEBVRE: Can you give the spelling on that --
the spelling on the last name, please.
MR. MONTALVO: M-O-N-T-A-L-V-O.
I just want to state for the record, I've been in Collier County
doing business for about 15 years, and I've never had any issues.
Unfortunately, I hired a contractor to take care of the signs back
in August out ofInverness, Florida, O'Neil Signing, and I assumed
that they were going to take care of everything they were supposed to
take care of.
My first indication that there was a problem came to me in
December. As soon as I found out that there was a problem in
December, I started making phone calls. And sure enough, the
Page 52
Februa~6~ i108A
company that did the business is no longer in business.
So I contacted the officer, Snow, I believe it is, and explained to
him the situation and told him that, you know, I'll do everything I can
but, I mean, I'm a little bit challenged in this area. It's something that I
did more as a favor to Stewart Connard, because he -- the person that
used to run the business there went out of business. I had really no
interest in going to Immokalee, but I went ahead anyway.
And being the responsible person I am, I went ahead and hired
Sign Craft to please take care of the issues there. And they did. I
contacted Klaus Hossman (phonetic) in December and told him to
please try to do whatever he can and resolve the matter as quickly as
possible.
And with that, I got the pictures and the permits for both of the
signs that they told me to take care of. And I thought the issue was
rested until I got a notice saying that I had to come over here. And
here I am.
I ask that under the circumstances, everything that I've done, that
I be slapped on the hand and don't do it again. It wasn't something that
I did intentional.
If you check my records, the restaurants I have in Naples has
never had any issues. I've always complied with everything they asked
me to comply with.
And that's all I have, folks.
MR. SNOW: Just one more point before we -- that's a letter from
Mr. Connard to -- stating that in November that they had received
word. So obviously somebody got a notice of violation before then, it
was before December. And I and my supervisor both had
conversations with the business owner before then.
So proper notice was given. They had plenty of time to get the
sign permit.
And again, I think there were some economic issues that were
brought up.
Page 53
Februlr6~,}oolA
We have -- if we hear the recommendations, there are some
changes to the recommendations from the original ones. And that's
basically where we're at right now.
CHAIRMAN LEFEBVRE: I have a couple of questions. The
first one is, one of the first pictures you showed on the screen showed
a sign and then it had white below the sign -- not this one, the one
prior. It had white below and it said Manager's Special.
MR. SNOW: Yes, sir.
CHAIRMAN LEFEBVRE: And then there's a secondary sign,
the last picture you showed.
MR. SNOW: That is the same sign. That's the same sign.
CHAIRMAN LEFEBVRE: So this sign's been removed?
MR. SNOW: It's been cut down, yes, sir, to meet code.
CHAIRMAN LEFEBVRE: -- and gotten rid of the Manager's
Special in the white --
MR. SNOW: Yes, sir. This particular sign was never permitted.
That's why a new permit had to be issued. It had to be brought up to
current code.
CHAIRMAN LEFEBVRE: So it ended up that it's basically the
top of this sign where it says Checkers, burgers, fries and colas?
MR. SNOW: Yes, sir. The building permit says -- I can show
that to you if you want -- says it will be about 15 feet, which is what
they're allowed to have. This sign here was, I would say it's in excess
of25.
CHAIRMAN LEFEBVRE: Okay. Just wanted to make sure that
we were looking at the same sign, that last picture wasn't a secondary
SIgn.
MR. SNOW: Yes, sir, it looks much better than it did.
MR. MONT AL VO: I do like to add something else. You know,
there's a lot of businesses out there that have rent or have a triple net
lease that has nothing to do with the property owner who's responsible
for that property. And they should have something in place where it
Page 54
1611 A
February 28, 2008
notifies the business owner as soon as possible to take and jump into it
and take care of it before it gets to this stage.
I think that Stewart Connard is always out of town. He has an
apartment here in Naples, but he's actually out of Michigan or
Minnesota and he's never around. And he's always traveling. He works
for the federal government. He's never around. I mean, the only
communication I have with him besides that we call maybe once in a
while is e-mail.
And he called me and -- you know, I mean we can talk to him if
you want, but we had our conversation -- our first conversation about
this particular issue was in December, and that's when I called this
gentleman. Because I think he stopped over at the restaurant and
notified one of my managers, and I had -- my managers called me and
that's when I started making the phone calls necessary to correct the
problem.
CHAIRMAN LEFEBVRE: I'm going to close the public hearing
at this point.
MR. KELL Y: One more question.
CHAIRMAN LEFEBVRE: Well, you can ask questions.
MR. KELLY: Kitchell, what is left now in violation?
MR. SNOW: Just the banner, sir, and obtaining the final
certificate of completion for the sign and the inspections.
MR. KELL Y: And then posting the permit number on the sign?
MR. SNOW: Yes, sir. They've got a CO for the awning sign.
And like I say, progress has been made. It just wasn't moving forward.
And for the record, I talked to the business owner before then,
and as we can see on there, on November 23rd, or in November he
received a notice from the business owner or the property owner that
he was given permission to do the sign. So our dates are a little bit
confused here.
And proper service was given. I had talked to the business
owner. My supervisor did talk to the business owner again, and he
Page 55
FebruaJR,12Jo8 A
wasn't happy about it. And again, I think there were some economic
issues involved in here. And we always, always will contact the
business owner, which I did do.
CHAIRMAN LEFEBVRE: Any other questions from the board?
(No response.)
CHAIRMAN LEFEBVRE: And can I hear a motion?
MR. KELLY: Well, if it's okay, I'd like to hear the --
CHAIRMAN LEFEBVRE: I think we have to have a motion.
MR. KELLY: No, I mean, I'd like to -- it's not a sticky point for
me that -- you know, the service or the notice, I'm pretty sure that it
was gIven.
The violation, since it's in the process of being basically taken
care of, I guess right now is more of a formality to vote that there was
a violation that existed or still exists and then to go from there?
CHAIRMAN LEFEBVRE: Correct.
MR. KELLY: I'll make a motion that a violation exists.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
And recommendation?
MR. SNOW: Sir, the recommendations are as follows: The CEB
order the respondent to pay all operational costs incurred in the
prosecution in the case in the amount of$381.51 within 30 days ofthe
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FebruaJ R,I2Jo8 A
day of the hearing and abate all violations by: Obtaining all
inspections; the certificate of completion, CO, must be accomplished
within 60 days of after- the-fact permit issuance or a fine of$150 a day
will be imposed until such time as the sign receives the final CO. ATF
fees, after-the-fact fees, permit fees of four times the amount of the
normal permit fee are to apply.
And number two, when you have a -- display a banner, you're
allowed to do that as a business normally 28 days a year, 14 days at a
time. Because in between time when I was talking to the business
owner the original order was to charge him for both the two weeks or
the four weeks, and I don't feel that's just at this point, because only
the first two weeks would qualify. Because again, he has to have time
to abate that violation.
So we're only going to charge him for the first two weeks. We
aren't going to bill for the full 28 days.
And this is to obtain temporary use permit for the banner
displayed from 8/28/07 to 9/10/07. After-the-fact permit fees of two
times the amount of the normal permit fee are to apply.
And three, ifhe's displaying any sign that is not in accordance to
and compliant with the Land Development Code of unincorporated
Collier County.
And four, the respondent must notify the enforcement
investigator when the violation has been abated in order to conduct a
final inspection to confirm abatement.
MR. KELLY: I have a question, Mr. Snow. The permit you said
was already applied for?
MR. SNOW: The permit for the sign, yes, sir. So it was issued
on 12/19. So he's got 60 days of permit issuance to get all COs
through certificate of completion of CO.
MR. KELLY: But yet you mentioned in there four times the
amount because it's an after-the-fact.
MR. SNOW: Yes, sir.
Page 57
Febrl~h8120~
MR. KELLY: Has that already been paid?
MR. SNOW: Yes, sir.
MR. KELL Y: So do we need it in the order or is it just for --
MR. SNOW: No, sir, we can scratch that.
MR. KELLY: But the two times the amount for the temporary
use banner is necessary?
MR. SNOW: Yes, sir, that has not--
MR. KELLY: There's no --
MR. SNOW: No, sir, that has been paid.
MR. KELLY: And the dates that you had stated was 8/28/07 to
9/28/07, that's a 30-day period; however, we're --
MR. SNOW: 9110, sir. 9/10/07. 8/28 to 9110.
MR. KELLY: Thank you.
MR. MONT AL VO: I have a question. I have actually pulled two
permits and paid about a little over $1,000 in fines and late permit fees
for an action that another sign company didn't -- failed to pull the
permits necessary to do this signage.
Under the circumstances, after paying this kind of money to
comply with the ordinance, I feel that, you know, that's -- I mean, I
lost $5,000. Not to mention that I had to pay another $5,500 to Sign
Craft to correct the problems. And on top of that pay about -- a little
over $1,000 in fines.
And if I'm hearing the gentleman correct, they're asking me to
pay an additional fine on top of that. That's a little steep. Especially
with the way the economy is going, and it's really hard for a single
businessman to do it. I mean, it is very difficult. Very, very difficult.
CHAIRMAN LEFEBVRE: What they're asking is after-the-fact
permit fees of two times the amount of the normal permit fee for the
banner, okay?
And all the other items looked -- if I'm looking at it correctly,
looks like you pretty much paid for the other items, the permits for the
SIgn.
Page 58
FebruaM~, !108A
MR. MONTALVO: Exactly.
CHAIRMAN LEFEBVRE: All you need to do right now is get
the certificate of completion.
MR. SNOW: And pay off the costs, sir, operational costs.
CHAIRMAN LEFEBVRE: Yes, and operational costs, right.
MR. MONT AL VO: They want me to pay operational costs and
pull more permits and pay for 14 days of banners on top of what I've
already paid.
CHAIRMAN LEFEBVRE: That's correct.
MR. KELLY: Can I ask you a question, Mr. Snow? The banner
is a simple express permit, it's like 34.50 or something like that?
MR. SNOW: Yes, sir, it's not that expensive.
MR. KELLY: So what he's asking you for is not just the normal
34.50, it's twice that.
MR. SNOW: Oh, I'm sorry sir, no. To have that is $200.
MR. KELLY: Oh, it is 200?
MR. SNOW: It's 200, yes, sir, for a temporary use permit.
MR. KELLY: So in this case it would be 400.
MR. SNOW: Yes, sir.
CHAIRMAN LEFEBVRE: So 400 plus the 381.51.
MR. MONT AL VO: So we're looking at almost $800.
MR. SNOW: Yes, sir.
MR. KELLY: Is two times the amount for an after-the-fact
temporary use permit, is that a Land Development Code issue or is
that something we have the right to waive?
CHAIRMAN LEFEBVRE: Well, we can't waive it because if
they have to get a permit, they have to pay that. That's a set fee,
correct?
MR. KELLY: That's what I'm asking, is that a set ordinance or
can we WaIve --
MS. ARNOLD: I think in the Land Development Code it
specifies what the fee is. And if the matter is brought to this level
Page 59
Febru~~,loo&A
because it's an after-the-fact, I think then the penalty applies.
So I'm not sure whether or not you all do have the ability to do
that.
Let me ask Jeff, though. Hold on.
MR. WRIGHT: I'm unable to -- Jeff Wright, for the record,
County Attorney's Office.
I'm unable to recall any provision that would allow you
discretion to waive a permitting application fee.
I haven't been able to look in the books here, but I'm unaware of
any provision in the LDC that would allow this board to do that. That
would be my opinion.
CHAIRMAN LEFEBVRE: Just for the record and to let you
know, we do not have any leeway in the operational costs either. So
according to the county attorney and based on our rules, we do not
have any discretion in those fees.
MS. ARNOLD: I think the only discretion that you might have
is just to -- you may be able, because this is something that existed and
it's gone now, just note that that has happened and, you know, don't do
it again, and just not require him to get a permit for something after
the fact, because it's gone.
But when it comes to the fees, you don't have any discretion
what to charge. If you're requiring him to get a permit.
MR. KELLY: So in other words, on number two we could strike
secure an after-the-fact permit, because it's done, this banner's down,
we don't need to --
MS. ARNOLD: Right.
MR. KELL Y: And then also, that eliminated my second
question was to be -- if we were going to ask to get a permit, then we
probably should have put a time limit on that. But I guess that negates
the issue.
CHAIRMAN LEFEBVRE: So are you making a motion to
remove number two?
Page 60
FebrJt618120~
MR. KELLY: I'll make the motion to -- although I think you
want number two in there so it shows that he's already displayed for
14 days and that there was a violation, but he does have another 14
days within a one-year period --
MS. ARNOLD: This calendar year.
MR. KELLY: This calendar year. So I think it's important to
leave number two.
But I'll make a motion that we accept the county's
recommendation with the change that in number two that the line
after-the-fact permit fees oftwo times the amount ofthe normal
permit fee are to apply, I would ask that that would be stricken and
that no permit would be necessary to be secured, since the violation
has been abated and it's already taken care of.
CHAIRMAN LEFEBVRE: Then you would have to change the
obtain temporary use permit --
MR. KELLY: Correct, sorry.
MS. ARNOLD: I think the easiest way to do it is strike it,
because you've already found that there was a violation when you
made a motion that a violation existed.
MR. KELLY: Okay, I make a motion to accept county's
recommendation with number two stricken.
MR. PONTE: I'll second that motion.
CHAIRMAN LEFEBVRE: Before we do that, would it be better
maybe to put in there that the respondent has -- can display a banner
for another two weeks if the permit was to be pulled? Should we do
that? That acknowledges that they still have two weeks to have a
banner --
MR. SNOW: Well, sir, actually this was displayed last year. So
new calendar year he has 28 days. So he's fine.
I think just strike it. We're aware that there was a violation on
the property. Ifhe does it again illegally, then it's a repeat violation,
we come directly here.
Page 61
FeJ~J ~, 2~8
CHAIRMAN LEFEBVRE: Okay. Very good.
We have a motion and a second. All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion is passed.
Do you understand?
MR. MONT AL VO: Yes.
CHAIRMAN LEFEBVRE: You'll be responsible for the
operational fees --
MR. MONT AL VO: Thank you.
CHAIRMAN LEFEBVRE: -- to be paid within 30 days.
MR. MONT AL VO: Not a problem.
MR. SNOW: Thank the board.
MR. MONT AL VO: Thank you.
CHAIRMAN LEFEBVRE: All right. That should end the public
hearings.
We wiII come back at 11 :01. We'll recess until 11 :01.
(A recess was taken.)
CHAIRMAN LEFEBVRE: I'd like to call Code Enforcement
Board back to order.
And if I'm not mistaken, requests for reduction of fines is next.
MS. ARNOLD: That's correct. You have a document that was
submitted by a Ms. Llosa. But she is not present. I think that the
respondent is requesting that all the fines be abated.
Also on your agenda is the actual county's request for imposition
offines. Mrs. Llosa's request indicates that she corrected the violation
Page 62
Februl{n!, loo~
on December 23rd, 2007. However, she didn't call the investigator, so
we have no way of verifying whether or not it was actually abated on
that particular time.
The demo permit was issued on October 26, '07. Our verification
is that she didn't make a call, she requested the CO or certificate of
completion be -- inspection be done on the 1st of January. And the
county went to do the final inspection and granted the CO on the 4th
of January.
We do just want to note for the record that the respondent did
pay operational costs as requested. We have no way of validating
either way. We don't have any objection to her request either.
CHAIRMAN LEFEBVRE: And she had 90 days to correct the
violation; is that correct?
MS. ARNOLD: Your order is -- provided 60 days, I believe, to
-- and that was by -- 90 days.
CHAIRMAN LEFEBVRE: Ninety days.
MS. ARNOLD: Yes. December 26th was when she needed to do
it by.
MR. LARSEN: And what were the fines?
MS. ARNOLD: Or a -- fines were pretty high. They were $200
per day.
MR. LARSEN: And the amount of the --
MS. ARNOLD: The total is $1,600.
MR. DEAN: That's in the middle of your package.
MR. PONTE: I'd like to suggest to the board that the operational
costs have been paid, that the respondent is in compliance, and that's
the function of this board, to bring people into compliance and not to
be a revenue producing center for the county. I would think that we
should abate these fines totally.
MR. MORGAN: Is that a motion?
MR. PONTE: It is a motion.
MR. MORGAN: Second.
Page 63
Februari~,f2p8 A
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion is passed.
MS. ARNOLD: Okay.
CHAIRMAN LEFEBVRE: Request for imposition of fines and
liens, BCC versus Domenic Tosto, a/k/a Domenic Tosto Trust and
Joanne M. Tosto, Trustee of the Family Living Trust.
MS. ARNOLD: For those of you that have been on the board,
this has been before you a couple different times, and I think at the last
hearing you all requested -- or granted an extension of time.
And this particular case was heard by the board on April 26,
2007. The order entered into has been provided to you for your
reVIew.
The violations included two things. Litter. If you recall there was
an accumulation oflitter on the property, as well as requiring to
improve the structure that's there, either by removing it or getting
permits for it.
And if you recall, the property owner is diligently working on
obtaining permits. But it's more than obtaining permits at the county
level, it's at the state level. And I won't steal his thunder, I'm sure he'll
have an earful for you to go through.
At this point, however, we still have not obtained compliance for
the construction portion of it, or the structure.
The litter has been abated, and I believe that they've been
maintaining the property free of litter.
Page 64
Februa~~8f 2108 A
And to date, however, the fines have accrued to the amount of
$59,795.34, and that is made up of fines that accrued from November
2nd, 2007 through February 27th, 2008. And that's 64 days at a rate of
$250 per day. That's $29,250.
And then an additional fine amount, and that was another item
that required certificate of completion and the like for the same time
periods, for an additional $29,250.
There's an additional $1,295.34 for operational costs which have
not been paid.
MR. KELLY: Michelle, are the number of days possibly wrong?
MS. ARNOLD: Well, the 64?
MR. KELLY: Yes, ma'am.
MS. ARNOLD: Yes, it looks like it should be more.
MR. KELLY: 11 7?
MS. ARNOLD: Yeah. Bendisa was having an off day that day.
It should be more.
MR. PONTE: If that's the case, is the fine accurate?
MS. ARNOLD: The fine is not -- is it accurate?
MR. KELL Y: The fine's accurate, the number of days aren't.
MS. ARNOLD: Oh, okay. Did you verify that?
Yes, the fine's accurate but the days are wrong.
MR. PONTE: Thank you.
CHAIRMAN LEFEBVRE: And it's February 27th, 2008. Right
here you have 2007.
MS. ARNOLD: Right.
CHAIRMAN LEFEBVRE: You need to swear in both parties,
please.
(All speakers were duly sworn.)
CHAIRMAN LEFEBVRE: I don't know which -- you want to
go?
MS. ARNOLD: If you have questions for either party.
CHAIRMAN LEFEBVRE: I know when we first heard this
Page 65
FebT'&'f120~8
case, I realized it was going to be a very difficult endeavor, to say the
least.
I guess if you can tell us some of the progress you have made or
not made.
MR. TOST A: Sure. The last time we were here, I believe that we
were -- the state was unsure who actually had jurisdiction over the
property .
They have settled who has the jurisdiction. We've continued the
permitting process. And the state has actually agreed to issue a permit
based on some stipulations involving some wildlife species.
At this point we're -- and the window of construction is between
November and March. So at this point right now we're optimistic that
we can start the construction period in November and complete the
structure part of it, which would require the heavy machinery, in
between the turtle season and the bird shore nesting season.
We have started the design and engineering process. So as soon
as the state gives us the environmental resource permit which is
needed to pursue the county permit, we will be able to submit our
plans right away.
We've continued to maintain a clean beach. We go out there
regularly and maintain the property. And above that, there's nothing
more I have, really.
CHAIRMAN LEFEBVRE: So you're looking at a November
time frame to start?
MR. TOSTA: Correct.
CHAIRMAN LEFEBVRE: November of this year then.
MR. TOSTA: Yes.
CHAIRMAN LEFEBVRE: Does the board have any other
questions?
MR. MORGAN: As I recall, you had to certify some existing
piling; is that correct?
MR. TOST A: Yes, sir.
Page 66
FebruaJR, ~~8 A
MR. MORGAN: And then you had to drive some new piling.
MR. TOSTA: Yes, sir.
MR. MORGAN: Have you driven some test piles, or are you
allowed to do that now?
MR. TOST A: We're not allowed to do anything without an
environmental resource permit.
MR. MORGAN: So you're going to have to wait until November
to even do your test piles.
MR. TOSTA: The test piles would only be if the engineer
requires them. At this point right now we do have the borings from the
original piles that were driven out there. And it doesn't look like we're
going to need to require some prerequisite pile driving out there. As
long as the engineer proceeds as he is, we will not need to do some
prerequisite piles.
MR. MORGAN: You're going to use the old report and the old
logs?
MR. TOSTA: Correct.
CHAIRMAN LEFEBVRE: Any other questions?
(No response.)
CHAIRMAN LEFEBVRE: Do I hear a motion to impose the
fines?
MR. KELLY: Well, here's the trouble with this particular case.
It's like we all knew that we'd be in this position one day, but yet it has
been the philosophy of the board that we do not abate or reduce fines
or even stop them from being imposed until there's compliance. So it
puts us in that awkward position.
However, if we do go by what we need to do as a board, I think
it's our duty to impose the fines, unfortunately.
CHAIRMAN LEFEBVRE: I guess I've got another question
before I move forward.
And I might have asked this last time. Are you going to finance
any of this?
Page 67
Febnl& :l81woA
MR. TOST A: Yes, we are. Are we going -- what do you mean
by --
CHAIRMAN LEFEBVRE: Bank finance.
MR. TOST A: Oh. As of right now, no. We haven't obtained any
bank financing. It's all been personal.
MR. PONTE: I think really to amplify the question, is it your
intention to in the future attempt to get some bank financing?
MR. TOST A: I don't believe so. I don't believe so. Bank
financing for this type of project is very difficult.
MR. PONTE: True.
MR. MORGAN: So your hands are tied by the environmental
people; is that correct?
MR. TOSTA: Yes, the -- we need an environmental resource
permit to do anything.
MR. MORGAN: And that's forthcoming?
MR. TOST A: They have agreed to issue it as long as we can
work out the details around the wildlife species.
MR. MORGAN: And within that time frame?
MR. TOST A: Yes.
MR. KELLY: I think Michelle's going to suggest what I'm going
to suggest.
Go ahead.
MS. ARNOLD: Well, I was going to say, we could -- if you do
impose today, you could choose not to relinquish your authority so
that this doesn't move outside of your jurisdiction and to the county
attorney's office. And then at the time of compliance, you can decide
what you would want to do with that fine.
MR. KELLY: Along the same lines, my thought was to grant an
extension like we've done in the past on this case, and then there
wouldn't be a situation where he would be in violation or in need of
fines at all.
But Michelle's point is well taken as well.
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CHAIRMAN LEFEBVRE: What is it -- what's the choice of the
board?
MR. PONTE: As is Ken's, this is getting very eye-catching in
terms of amounts of money here. I think we almost need some
professional advice.
We have a recommendation from the county as to what might be
done. Do we have any other advice? This is sort of a wild horse that's
runnIng away.
MS. RA WSON : You can continue the matter, not to hear it
today, not to impose the fines today. In other words, take it off your
agenda.
I mean, the fines are going to continue to accrue. At some point
in time you're going to be back here having to impose more fines. But
you haven't imposed the fines, you haven't issued an order for fines
that would be recorded if you wait.
And, you know, maybe when you're to that point there'll be a
motion for an abatement of the fines. I mean, the fines are continuing
to accrue daily.
MR. KELLY: So procedurally we could decide to take this off
of to day's agenda or not impose the fines, whichever the vote may be,
and then give an opportunity for the respondent to come back and
request an extension, or we could request staff not to bring this to us
until a date in the future? I mean --
MS. RAWSON: Yes. And I think actually you should request
that Michelle take it off rather than you take it off. I would rather see
you do that than make an extension of time, because then what you do
is you go back and you change your original order. And we don't
usually like to change orders.
So if you don't impose the fines today, she's going to bring it
back at some point in time, because the fines are accruing.
MR. KELLY: Michelle, what are you comfortable with?
MS. ARNOLD: Whatever the board is comfortable with.
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MR. PONTE: So you can just withdraw it.
MR. DEAN: Let me say this: I don't have any problem with that,
but I'd certainly like to see the operational fees paid in order for me to
do that, because we do have a cost. So I think if that was paid I would
go along with something like that.
CHAIRMAN LEFEBVRE: But the operational costs, there's
going to be more investiga --
MR. DEAN: Well, right now we have $1,295.34. And if that
was paid, then I'd certainly go along with something like this. It's give
and take a little bit.
MR. KELLY: It's the same original op. costs that were in our
order back in April of'07. They haven't grown at all.
CHAIRMAN LEFEBVRE: Would that change your order if we
were requesting that they pay within 30 days?
MS. RAWSON : Well, this is interesting. You do an order that
they just pay the operational costs and maybe you could reserve on the
imposition of fines? I guess we could do that.
MR. PONTE: Is it neater, though, just to withdraw it?
MS. RAWSON: Maybe there will be a voluntary payment of the
operational costs.
MR. DEAN: Might be neater, but I mean, there's a cost there,
and we're going in a negative direction.
I would feel good if the operational cost is paid in order to
continue on with what we're doing.
MS. RAWSON: Well, you can enter an order that says that and
reserve jurisdiction to impose fines at a later date, keeping in mind
that they're continuing to accrue.
MR. KELL Y: Or in a not so subtle way we could kindly request
that the respondent pay the op. costs, knowing that this whole thing
could come back to us in the near future and we might be asked to
decide on whether to impose fines or not.
And giving the statements on the board, if the operational costs
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were paid, we'd be more favorable to not impose the fines or as
heavily or so forth.
MR. PONTE: Yeah, I think we cannot impose the fine, that we
really should not do that today. Whatever mechanism we use to extend
the time, whether it's a withdrawal of the item, whatever the
mechanism, but the imposition of a fine today I think really could be
detrimental to the respondent.
MR. DEAN: Are you calling an operational cost a fine?
MR. PONTE: No, sir.
And pay the operational cost, that's fine. They're not going up,
they're not changing, as you've pointed out. And if we could withdraw
this case or just postpone it to November and see where we are then.
MS. ARNOLD: The county withdraws this case for now.
MR. PONTE: I'm sorry?
CHAIRMAN LEFEBVRE: The county withdraws the case.
MR. PONTE: Thank you.
MS. ARNOLD: You're welcome.
CHAIRMAN LEFEBVRE: Thank you, County.
Next case will be BCC versus Albert Houston. We have two
cases.
MS. ARNOLD: Yes, this first case is 2007-63. This case was
heard by the board on July 26th, 2007. And this was for -- the
violation was for -- the violation was for various -- well, let's see here,
the existence of wood frame structure without valid building permits.
The respondent has yet to comply with the board's order, and
fines are accruing. And we at this time would like to impose fines at a
rate of $50 per day from the period of August 28th, 2007 through
February 27th, 2008, which is 183 days, for a total of$9,150.
Additionally, from the period of December 28th, 2007 through
February 27th, 2008, for 61 days at a rate of$50 per day, for a total of
$3.050. And operational costs in the amount of $5 13.31 has accrued.
MR. KELLY: Michelle, is this the one where it was part of the
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divorce settlement?
MS. ARNOLD: No, that was -- that was a different person.
CHAIRMAN LEFEBVRE: I take it the respondent is not here?
MS. ARNOLD: No.
MR. KELLY: I make a motion that we impose the fine as
recommended by the county.
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
On to the next case. Albert Houston also.
MS. ARNOLD: This is Case No. 2007-64. This case was also
heard on July 26th, 2007. And this violation was another property, but
similar mobile home structures without permits. And the respondent
has not complied.
Well, actually, this one is a unique one. The mobile home on the
structure has been removed, and it was removed on August 15th,
2007. There was no permit obtained for that removal.
And then your order required the respondent to obtain a
demolition permit in the event that that option was taken. And so
technically they didn't comply completely with your order. So that's
where we are on that particular issue.
But if you look at your order, literally what's being requested,
you know, kind of complies with your order in terms of the fines.
MR. KELLY: So what happens there, you need to go just get an
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after-the-fact demo permit, basically?
MS. ARNOLD: Yes. And then they'll do a cursory look at the
site to make sure all of the utilities are capped off and that type of
thing.
MR. KELLY: So that inspection hasn't been done. So we really
don't know for sure whether or not it was abated.
MS. ARNOLD: I'll look to the investigator for that. He's been
out there and he can testify to what he's seen on the site.
CHAIRMAN LEFEBVRE: Can you swear him in, please.
(Speaker was duly sworn.)
MR. MORAD: For the record, Code Enforcement Investigator
Ed Morad. Spelled M-O-R-A-D.
Yes, I have made a site visit and confirmed that the violation, as
far as the mobile home and the debris created by the mobile home,
was removed.
However, the order did state that a demolition permit was
needed for that.
MS. ARNOLD: And I just want to clarify, my notes say August
15th actually the mobile home was gone but there was some debris on
the property still. And then actually on September 19th, all the debris
was removed at that time.
So the full compliance wasn't until September 19th, which was,
you know, 22 days after your order deadline.
MR. KELLY: Well, Investigator Morad, did you see any
electrical or sewer, water lines that were not properly capped off or
removed?
MR. MORAD: I really didn't check for that. I didn't know that
the order requested a demolition permit until I came back and
researched the actual order.
But it's -- I mean, if a demolition permit was issued, that
particular inspection would have been done and a certificate of
completion issued.
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MR. KELL Y: Well, to the board, in my eyes I don't want to say
that the issue was abated. I think that a violation should continue to
remain then in that case, because how do we know for sure that an
electrical line is not sitting live, you know, underneath two inches of
dirt.
I think we need those inspections and I think we should continue
with the assumption. In the original order it said to notify and that
wasn't done either.
CHAIRMAN LEFEBVRE: Any other comments of the board?
(No response.)
CHAIRMAN LEFEBVRE: Do I have a motion? Do I have a
motion to impose fines?
MR. KELLY: They could always come back later and explain
what had happened and give us the option. So I make a motion that we
accept county's recommendation as stated and impose the fines.
MR. DEAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Next case will be BCC versus
Sanctuary of Blue Heron Association.
MS. ARNOLD: We moved the Auto Village piece.
CHAIRMAN LEFEBVRE: I'm sorry.
MS. ARNOLD: I'm sorry.
CHAIRMAN LEFEBVRE: Apologize. BCC versus Auto
Village of Naples.
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MS. ARNOLD: Okay. Well, I'll start. This case is 2007- 1 01.
The case was heard by the board on October 25th, 2007. The violation
was for improvements of the property without valid building permits.
The order has been attached for your review.
Compliance. They are in compliance, aren't they?
MR. MORAD: No.
MS. ARNOLD: They are not in compliance.
Fines accrued at a rate of $400 per day between December 25th,
2007 and February 27th, 2008, 64 days, for that total of$25,600. Plus
operational costs in the amount of$533.30.
And the operational costs have been paid, so the fine to date is
$25,600.
In this particular case it was stipulated -- there was a stipulation
that was presented to the board, and the stipulation contained 90 days
for compliance and $200 per day was the suggested fine. But the
board modified the stipulation and reduced the time to 60 days and
increased the fine amount to $400 per day.
And the investigator is here to speak to it. I don't believe that the
respondent was here to hear your modification ofthat stipulation.
(Speakers were duly sworn.)
MS. HALL: I'm Holly Daye Hall. Do I start or--
CHAIRMAN LEFEBVRE: You can start.
MS. HALL: I have some handouts that I wanted to give you all.
You can get it afterwards or now.
CHAIRMAN LEFEBVRE: Well, we'd like to get those prior to
the hearing so we can review them and --
MS. HALL: Okay. All right, well--
MS. ARNOLD: Can I ask what the handouts are in reference to?
MS. HALL: Well, they're a copy of the construction timetable.
MS. ARNOLD: Oh, just to give the board an idea of why it
hasn't complied.
MS. HALL: Right. It's really nothing to go over, I mean, it's just
Page 75
FebruaiY081 :t>08 A
all --
MR. KELLY: I'll make a motion that we accept the respondent's
Exhibit A.
MR. DEAN: I'll second that.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
I just saw how thick it was, that's the reason. I'd like to make --
we'll take a couple of minutes to review it. Obviously some of the
points you're going to make are going to reference these documents
you're giving us?
MS. HALL: Right.
CHAIRMAN LEFEBVRE: Just give us a couple of minutes to
look at them so we at least can be familiar with them.
Investigator, have you received a copy?
MR. MORAD: No, sir.
CHAIRMAN LEFEBVRE: Okay. It may be good to--
MS. HALL: I think I have one in there for him.
CHAIRMAN LEFEBVRE: And then the court reporter should
get one also.
MR. PONTE: Mr. Chairman, this is a lot to even -- to pretend to
fully understand. And I am not a speed reader.
MS. HALL: You're right, it's just really --
MR. PONTE: I think that what we should do is to just continue
this. If we're going to want to look at this suddenly introduced
material, then I'm going to ask that we continue it because I can't take
it all in that fast.
MR. MORGAN: Is that a motion?
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FebruaD6~, Jl08A
MR. PONTE: That's a motion.
CHAIRMAN LEFEBVRE: There's a motion to continue this.
Do I hear a second?
MR. MORGAN: Second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Okay, this is going to be continued.
MS. HALL: Well, really, I'd rather not.
MR. PONTE: Then would you want to withdraw this packet?
MS. ARNOLD: Maybe she could just kind of walk you through
those things instead of having you to review everything.
MS. HALL: It's really just after-the-fact stuff confirming -- it's
confirming what I'm going to say really other than --
MR. PONTE: I guess, ma'am, what I'm saying is if I don't have
any responsibility for having read this, and I haven't read it, then I
suggest that we hand it back and we'll make our decision on your
verbal testimony.
MS. HALL: Okay, that's fine.
CHAIRMAN LEFEBVRE: Jean, can we un-accept a package
that we made a motion to accept?
MS. RA WSON: You have to make another motion, and it has to
pass.
MR. PONTE: We just did, didn't we?
CHAIRMAN LEFEBVRE: We made a motion to continue.
MR. PONTE: Oh, to continue. All right.
CHAIRMAN LEFEBVRE: So then we have to make probably
two motions, one motion to -- to return the package, one motion to --
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Februa~~J,~08A
MS. RAWSON: Not continue.
CHAIRMAN LEFEBVRE: -- not continue. Let's start with a --
MR. PONTE: Yes, I'll amend my motion and -- I will amend my
first motion and ask that it be withdrawn.
The second motion that I'm making -- well, let's vote on that
first, okay?
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KELLY: Second.
CHAIRMAN LEFEBVRE: The second has to --
MR. PONTE: And then on the second part of -- or another
motion --
CHAIRMAN LEFEBVRE: Let me take a vote. Can I have a
vote on withdrawing the motion to continue. All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Now, the second motion.
MR. PONTE: Second motion is to withdraw the packet that was
just recently submitted so that we are not responsible for having given
the opinion that we've read this packet and responsible for having seen
its content. And that we base our decisions, whatever they be, based
on the oral presentation from the respondent.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. MORGAN: Second.
CHAIRMAN LEFEBVRE: All in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
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Februai~j2108 A
MR. DEAN: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
MR. KELLY: (Indicating.)
MS. HALL: Okay, so do I start?
MR. KELLY: I already saw it.
MR. PONTE: Yeah, well, you're a speed reader, I'm not.
MS. HALL: Okay, my name is Holly Daye Hall, and I'm half
owner of Auto Village. Robert S. Hall is the respondent. We are not a
huge conglomerate or property developers. We're a mom and pop
business that started with a couple, one having a dream, the other by
his side.
Bob was born in St. Pete, came to Naples out of the Coast Guard
in '64 --
CHAIRMAN LEFEBVRE: All we're here is to ask why you're
looking for a -- I guess a reduction of fines. We don't need to have --
MS. HALL: Well, it -- yeah.
MR. PONTE: It's not a hearing.
CHAIRMAN LEFEBVRE: So if you can just keep to why you
feel that there should be a reduction of fines.
MS. HALL: Well, we have already started the process.
CHAIRMAN LEFEBVRE: What process?
MS. HALL: We hired a -- now you've thrown me off.
MS. ARNOLD: Ed, do you want to help her?
MR. MORAD: I think, ifI can interrupt.
CHAIRMAN LEFEBVRE: Sure, absolutely.
MR. MORAD: The process I'm thinking that Mrs. Hall's in
reference to is twofold: One being the -- she had to do a revision to a
site development plan and then the other process of course is the
building permit process.
And she started one, being the site development plan and
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Febr!a~ ~t20~
completed it. And now she's still in the process of getting her permits
reviewed. Not issued yet, but just reviewed.
Did that help?
MS. HALL: Well, they keep getting rejected. And it took -- it
took Hole-Montes three years to finish our first site plan and two years
for the second.
CHAIRMAN LEFEBVRE: If you're going to have any
testimony, sir, we're going to have to swear you in also.
(Speaker was duly sworn.)
MS. ARNOLD: Can you state your name for the record, sir.
MR. HALL: Robert Hall. Okay, we have a contractor, Scott
Marcotte Construction Company, who has started on this phase. And
we have an electrician who has started on this phase.
They both have submitted their permits, permitting to the
permitting department. And they've got -- been rejected a couple
times.
They have -- January 3rd, plans reviewed by the health
department.
January 9th, informed by the health department that the septic
tank and drain field was not large enough. So we submitted that
information to the contractor. He's got somebody to put a bigger septic
tank in.
The contractor met with Bob Keene over the redraw of the septic
tank. He reviewed it the same day and submitted it the same day.
Health department on January 11th approves plan sent back to
Collier County building department.
Received a fax notice that I may now submit corrections on
items previously turned down. I'm speaking for the contractor. He
submitted corrections.
January 29th, '08, Holly had discussions with Albert at the health
department regarding huge size of drain field.
February 5th, went to the Collier County department to check on
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February 28, 2008
status of plans. They said they're rejected and had not received letters
yet.
February 22nd, received corrections from the electrical and
architect. Will submit on Monday, February 25th.
In other words, we've got contractors for the putting in the septic
tank, we've got contractors for doing everything. And they've
submitted all the necessary papers to the zoning department. And we
hired Scott Marcotte Construction Company, September 7th. And we
paid him about $19,000 for all that work done.
In other words, all the information has been forwarded to the
Collier County Zoning Department and we're waiting for the
information to come back. They have had -- they've done quite a bit of
work already.
We had to move -- we had two trailers there, and the original
problem was on one of the trailers that we had there, we had built on a
canopy in front of the trailer without a permit. Okay? And we have
inside the trailer this part, we have three Teletype machines -- three
Teletype machines and three men at the counter selling automobile
parts.
Well, the zoning department said we had to remove that. In order
to remove that, we have to have a place for the three people that are
there to move to.
So we had a trailer next to it. And right behind the trailer was a
retention lake, which is almost an acre. We have five acres altogether
there. So we had to move that trailer, I think, 13 feet forward so it
wouldn't be interfering with the retention pond.
Well, we had taken all the wheels and axles and everything off
the trailers and they were just sitting there. So we had to get rollers,
big telephone pole rollers, buy those, and we had to roll that whole
building about 13 feet.
Then we had a man come in that was certified to tie it down
properly, and that was all done.
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Februa~~ 1018 A
It's just been one thing after another. And it's not that we're not
trying to do it. We're doing everything we can do to get it done. It just
takes time. And the time that we had was Christmastime, and so things
are shut down and it just takes a long time.
But we're moving along. We're getting it done. And it will be
done, just -- that's about all I can tell you.
MS. ARNOLD: Mr. Hall, are you requesting then additional
time? Is that --
MR. HALL: Well, we need additional time to finish what we're
doing. We've already hired the contractors and we were going to bring
them today, but we didn't bring them today.
But we need additional time to get this done. And we can show
that we have done part of it. In other words, ifI could -- if we could
get it done tomorrow, we'd do it. But we have to move trailers, we
have to just -- there's more to it than just taking that shed or whatever
it was that was over the other trailer. That we can do in one day.
When all this is done and we are ready to have the guys move in
the other trailer, we can tear that down in one day. It's no big deal
there. It's just that we have to get all the permits. I've been in business
here for 40 years, and I've had a salvage yard on the other side of town
for 30 years and I've had this one for 10 years, and we're doing
everything we can to get it done.
That's all I can say right now.
CHAIRMAN LEFEBVRE: Investigator, has there been progress
made on this?
MR. MORAD: Oh, yes, sir. Yes. It's rather a large project.
Original site development plan was for one two-story metal building
without any electric, water. It developed into several structures being
brought in unpermitted, electric, water, sewage.
So yes. And being in the industrial area, there's a lot involved
with the site development plan revision. And like I said, they have
completed that part of it.
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February ~~ JO!8 A
The permits is another long, hard process. Revisions, if you don't
jump on those revisions when they're being rejected, takes even
longer. So they have hired -- they did hire an engineer, they did hire a
contractor, a licensed contractor.
To be perfectly honest, we stipulated an agreement to the board.
They were put 30 days into the hole by revising that stipulation to 60
days instead of an agreed 90 days. They were put into a hole as far as
increasing the fines from an agreed upon $200 per day to $400 per
day.
And like Mr. Hall mentioned, that two-month period, it kind of
went into a holiday season. So that added to the -- to his -- or their
effort.
CHAIRMAN LEFEBVRE: So again, we have a couple of
choices here. I mean, we could --
MR. DEAN: Are all permits pulled?
CHAIRMAN LEFEBVRE: No, I think you're still in the
permitting process, right?
MR. HALL: I think we have the permits. I think we have the
permits. You mean to put the building up and do all that?
MR. DEAN: Have they all been applied for?
MR. HALL: Yes, they have been applied for.
MR. MORAD: They're in review status still.
CHAIRMAN LEFEBVRE: They've been rejected a couple
times.
MR. HALL: Yeah, we had to move the building up 13 feet and
just lots of little things. I've been in this business right here in Naples
for 40 years, and I know it just gets harder every year, but everybody
has to do it, so --
CHAIRMAN LEFEBVRE: Do you have any idea when you will
be out of permitting? When you will have your permit and --
MR. HALL: Oh, we'll probably have it all done -- I would say
we'll have -- should have everything done in the next two months,
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February ~~doi A
everything.
CHAIRMAN LEFEBVRE: You mean everything taken care of?
MR. HALL: Yes.
CHAIRMAN LEFEBVRE: Permitted, everything, and CO'd and
MR. HALL: The permit's already -- all that's -- the hardest part's
done.
CHAIRMAN LEFEBVRE: So we have a couple of choices here.
We could either have him come back in a few months, impose the
fines. I mean, there's -- do we have any questions on the board?
MR. DEAN: Well, I believe we should extend this --
MR. PONTE: I agree.
MR. DEAN: -- time frame, I mean. I hope 60 days is enough.
CHAIRMAN LEFEBVRE: How about do you want to continue
it until 90 days out, bring it back in front of the board?
MR. DEAN: That's fine by me.
CHAIRMAN LEFEBVRE: Would it be the May meeting then?
MR. DEAN: Fine by me.
MR. MORGAN: Okay by me.
MR. PONTE: Yes.
MR. DEAN: I'd like to make a motion that we continue this until
the meeting in May.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. PONTE: I'll second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Do you understand what we just did?
Page 84
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MR. HALL: Thank you.
CHAIRMAN LEFEBVRE: Next case should be BCC versus
Sanctuary of Blue Heron Association.
MR. CAMPBELL: Good morning, members of the board.
MS. ARNOLD: This particular case, the county is requesting
imposition of fines, but you also received a packet from the attorneys
representing Sanctuary of Blue Heron. I believe also the attorney
representing the unit owner is here as well, right?
This case was -- just to refresh your memory, a spa hot tub was
constructed without building permits on a lanai area which happens to
be also the common area within that development.
And I'll turn it over to the respondent.
MR. CAMPBELL: Good morning, members of the board. I'm
not going to be sworn in. I'm the attorney that represents the Sanctuary
at Blue Heron. The name's Ron Campbell.
(Speakers were duly sworn.)
MR. CAMPBELL: For the purpose of expediency, members of
the board, I would like to point out that the certificate of occupancy
has been filed. We provided this along with our packet of materials
within a week of it being filed.
To the extent that this causes the county to withdraw the
imposition ofthe fine or that it abates the fine, I'll rest. To the extent
that it doesn't, I would like to proceed in presenting our case.
MR. KELLY: Well, I think that in the documentation that we
had, I'm okay with hearing any testimony that wants to be entered, but
to the board I think it shows here how there was some legal issues,
how the association couldn't proceed or couldn't help because of that.
Maybe we could kind of poll the board and see where we stand
on this. I'm personally in favor of abating the fine.
MS. ARNOLD: Let me just interject that the issue was one of
whose responsibility it was to, because the Sanctuary of Blue Heron is
the property owner, but the unit owner actually was the one that had to
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Februaryl~loas A
pull the permit and those type of things.
Ijust wanted to give you, in terms of what activity transpired,
and you -- I'm not really clear on the dates when the court told you,
the Sanctuary, that they needed to at least allow the property owner to
obtain the permit.
MR. CAMPBELL: Well, there are two important dates.
Approximately a month before we came to the initial board hearing
there was an arbitration before the Department of Business and
Professional Regulations.
The final order came down in, I believe, it was June of -- June
13th, something like that, 2007. That order provided two things, one
of which was that the association did not have the authority to require
the unit order to remove the spa from that limited common element
lanai.
So we were foreclosed in part from complying with the Code
Enforcement Board's order in that we were foreclosed from taking out
a demolition permit and obtaining the certificate of occupancy
following that demolition.
Approximately a month after that initial Code Enforcement
Board hearing, the circuit court entered an order reiterating that we
were not allowed, that we were prohibited from interfering with Mr.
Boschelli's use and enjoyment of that spa. So again, we were
prohibited from pulling a demolition permit.
And as Ms. Arnold stated, we weren't in control of the installer.
There was no legal basis for forcing his hand to pull all the appropriate
permits and for forcing him to complete the electrical work on the spa,
for forcing him to ask for that certificate of occupancy.
We did, when the November date was coming and it became
clear to us that the work was not going to be completed in a timely
fashion, we moved the circuit court to compel Mr. Boschelli to
complete the work in accordance with that arbitrator's final order.
The circuit court took our motion under advisement and has yet
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February 28, 2008
to issue an order.
In that time period, however, the certificate of occupancy has
been filed. And I believe that the property is now in compliance.
MS. ARNOLD: That's correct. Your order allowed both to
obtain a permit or a demo permit. And the permit was obtained -- let's
see what the issuance date was.
MR. CAMPBELL: I do have a copy of it. Looks like February
the 13th?
MS. ARNOLD: That's the certificate of completion. The
application for permit was submitted to the county on November 6th
of2007. It is approved on November 15th, 2007 and issued on that
same day. And the CO was issued on February 13th of'08.
And there were a couple problems with us, the county, that is,
accessing the property to do inspections, and I think that was part of
the delay that occurred. I mean, inspections were requested but then
there was no access to the property to get on there and actually do the
inspection, so that delayed the actual issuance of a final CO.
MR. CAMPBELL: I would like to chime in on that point. I don't
believe that any of the difficulty was due to the respondent. You could
correct --
MS. ARNOLD: Right.
MR. CAMPBELL: Just to be clear.
MS. ARNOLD: The unit owner.
MR. KELLY: Doesn't that put us in that predicament, if we were
to impose fines, they would be against the owner, which is the
association, technically, as a common -- correct, as the common
owner? Not necessarily the unit owner.
MR. CAMPBELL: It would not -- your fine would not be
imposed against the unit owner, would not be imposed against the
individual who installed without the permit.
MS. ARNOLD: And I'm not really sure why we ended up only
issuing the order against the unit owner. Because both the unit owner
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FebruaJ ~,12108 A
and the property owner were notified in our notice of violation
proceedings. And I believe they were both here at all the hearings that
were involving this.
MR. KELLY: Well, to avoid, which would probably turn into
another round of legal action --
MR. CAMPBELL: Well, the legal issues are ongoing, just so
you know. We're still before Judge Ellis in the circuit court.
There has been an order with respect to what to what we can and
cannot do. But the remaining legal issues are ongoing.
MR. KELLY: Answer this: Ifwe were to go and impose these
fines, they would go against the association. The association would
then come back and start a suit or another suit or tack this on to what's
going on against the unit owner, right, for causing this problem?
MR. CAMPBELL: That's a good guess, yes.
MR. KELLY: I'm just saying, if it's in compliance, why don't we
just abate the fines and avoid the whole rest of the legal issues from
anything further than this and let them go on and do what they need to
do?
Is that satisfying what you wanted to do, Michelle?
MS. ARNOLD: I just wanted to let the board know all the facts,
that's all.
MR. DEAN: Can I ask just a question of you, sir? Let's say I live
in a gated community and I want to do improvements and I come to
the county and apply for a permit and get it and I'm ready to go.
MR. CAMPBELL: Not enough, because of the declaration of--
or go ahead --
MR. DEAN: I agree with you. So in other words, I would have
to go to the association also and get approval at the same time, right?
MR. CAMPBELL: Absolutely. And that's based on contract law.
MR. DEAN: So therefore it really shouldn't be a problem, it
should be cut-and-dry in a way.
MR. CAMPBELL: As far as his authority to build --
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FebruaJi6s/2!08 A
MR. DEAN: They're both notified. I got my permit and I went to
the association and I have to get approval there.
MR. CAMPBELL: That's the legal issue. It's our position that he
did not seek the appropriate permission from the board of directors.
MR. DEAN: Okay, very good.
MS. ARNOLD: I think it's really up to the board what they want
to do. Although there were some issues with regard to the access of
the property to delay the certificate of completion and that type of
thing, I think there was a delay on the part of action that's created with
the court system for that property owner to even try to obtain a permit
from the county.
MR. CAMPBELL: To the extent that this causes the board to
abate the fine, which is what we're asking for today, I'll rest.
Otherwise, I would just like to just address some of the legal
framework of the imposition of the fine itself.
MR. KELLY: Let's take that for a test drive. I'll make a motion
that we abate the fine.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. MORGAN: I'll second.
MR. PONTE: I'll second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
You do know the operational costs have been paid, okay.
MR. CAMPBELL: They have been paid, right. Thank you very
much.
CHAIRMAN LEFEBVRE: Thank you.
Next case will be number seven, BCC versus Victor Figueroa.
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Februa)Y6~ t>08A
MS. ARNOLD: This case was heard by the board on August
23rd, 2007. The violations were several Minimum Housing Code
violations for the property -- in the property identified.
The board's order has been provided for your review, and it has
been complied with. Compliance was obtained by February 15th.
Fines accrued at the rate of $200 per day for the period of
December 27th, 2007 through February 15th, 2008, 50 days, for a total
of$10,000. The operational costs in the amount of$354.74 have been
paid.
And the respondent -- is that the respondent -- is present and has
Christina Perez translating for her. But we'd like to have her state on
the record that she's in agreement to have the investigator perform that
duty for her.
(All speakers were duly sworn.)
MS. ARNOLD: I could kind of address this. I think that the
respondent worked really hard to get -- come into compliance, and the
county doesn't have any objections to -- I believe she's wanting to
request abatement of the fines.
Can we confirm that?
MR. KELLY: But Michelle, we have a notice of noncompliance
in our packet.
MS. PEREZ: Because of the dates.
MR. KELLY: As of23rd of August.
MS. ARNOLD: I'm sorry, we have a revised affidavit that was
submitted that didn't make it into your packet. It was the -- when we
were having our code board review, it came up that they were actually
in compliance. But -- and it was a matter of the days.
The first one was December 28th and then we did one later.
MR. KELLY: In that light, I'll make a motion that we abate the
fine.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. MORGAN: Second.
Page 90
Februl~ }8,~00~
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
Any nays?
(No response.)
CHAIRMAN LEFEBVRE: Motion passes.
MS. SERRANO: Muchas gracias. Thank you.
CHAIRMAN LEFEBVRE: Thank you. The next one -- next
case is BCC versus Eduardo and Maria Rodriguez.
MS. ARNOLD: This case was heard on August 23rd, 2007. The
violations were unpermitted shed and carport erected on residential
property without building permits.
The order has been provided for your review. And they're not in
MR. KEEGAN: Yesterday they came into compliance.
MS. ARNOLD: Okay, as of yesterday they were in compliance.
I know that in your executive summary it says that they're not,
but they are as of yesterday.
Fines, however, accrued at a rate of$lOO per day between
December 22nd, 2007 and February 27th, 2008, 67 days, for a total of
$6,700. And they have paid the operational costs, which were
$243.17.
(Speakers and Interpreter were duly sworn.)
CHAIRMAN LEFEBVRE: It has been abated?
MR. KEEGAN: As of yesterday.
CHAIRMAN LEFEBVRE: As of yesterday, okay.
MR. KELLY: What was the reason, as you understand, the
delay?
Page 91
FebruaJ~, ~o18 A
MR. KEEGAN: Well, they did fail one inspection for -- and I
can read the inspection results. Was no permit posted, full of debris,
including two refrigerators with doors attached. That's why they failed
the inspection on the demo.
MR. KELLY: So nothing internally. There was not anything
with the construction, it was just some debris left over.
MR. KEEGAN : Yes, there was a lot of debris left over.
Whatever was inside the structures remained on the slab. You know,
they took down the frame, what we cited them for, and left everything
there. That's why they failed the inspection.
MR. KELLY: In your opinion did they work diligently to get
this taken care of?
MR. KEEGAN: In my opinion, no.
MR. KELLY: It was one of those last minute type things?
MR. KEEGAN : Yes. Yes, sir.
It's actually -- ifI may bring it up, during the hearing Mr.
Rodriguez and myself agreed to a stipulation, which we presented, and
the board revised it and actually gave him more time and cut the fine
down, and he still did not come into compliance.
MR. KELL Y: Is there any way that the respondent could explain
to you so you can translate to us the reason why it took so long for
them to get this project started?
THE INTERPRETER: She says to begin with, they thought that
it was -- I'm not exactly sure what was on-site. They thought it was a
smaller portion that they had to demolish and not the entire thing that
they had to demolish.
So her husband knocked down what they thought was to be --
that was illegal, and with little work he tried to work as much as
possible and little by little he started removing the trash.
But, you know, because of work and because of the
misunderstanding, they didn't understand exactly what they were
supposed to demolish, they took a long time to do that.
Page 92
Febru\818,~oJ
MR. KEEGAN: Can I ask a question? When we were outside,
Christina was translating and the respondent stated, you know, that
they also went to Mexico, I believe, during that time frame. So that
could be a reason something didn't get done.
I have a picture of what we actually cited them for, if I could
refresh you guys' memory, the board's memory, ifneeded.
CHAIRMAN LEFEBVRE: I don't really want to rehear the case
or anything, so --
Does the board have any recommendations?
MR. KELLY: I'm pleased that it's in compliance.
CHAIRMAN LEFEBVRE: Any recommendation to reduce the
fines? Do I have a motion to impose the fines?
MR. PONTE: I'll make a motion to impose the fine.
CHAIRMAN LEFEBVRE: Do I hear a second?
MR. KELLY: Before it goes to vote, I don't know if we should
impose the entire fine. It is in compliance --
MR. DEAN: Partial.
MR. KELLY: Maybe a partial.
MR. DEAN: I'll second. I'll second his motion.
MR. KELLY: The full amount?
MR. DEAN: No, he didn't say full amount.
MR. PONTE: No, I said to impose the fine.
MR. DEAN: To impose a fine. How much would you suggest?
A couple of bucks, I'm sure.
MR. PONTE: Well, I don't know. There was a stipulation
agreement that was signed. They've been dragging their feet. We can
be understanding, but only understanding to a point. And I think one
of the points we're overlooking are signed stipulation agreements was
there.
MR. KELL Y: And the board granted more time than what the
stipulation agreement said.
MR. PONTE: That's correct. So I think the fine as it exists now
Page 93
February~e2Lc! A
should stand. My motion would be to impose this fine.
CHAIRMAN LEFEBVRE: Do I hear a second?
(No response.)
CHAIRMAN LEFEBVRE: The motion doesn't pass due to not
having a second.
Do I hear any other suggestions?
MR. KELLY: I think, you know, in light of the fact that it is
abated now, it did take longer, but I think maybe $ 1,000 would be an
appropriate fine.
CHAIRMAN LEFEBVRE: Do you make that a motion?
MR. KELLY: I do.
MR. DEAN: I'll second.
MR. MORGAN: I second.
CHAIRMAN LEFEBVRE: All those in favor?
MR. MORGAN: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
All those not in favor?
MR. PONTE: Opposed.
CHAIRMAN LEFEBVRE: Motion passes.
MR. KEEGAN: Thank you.
CHAIRMAN LEFEBVRE: Can you please explain.
THE INTERPRETER: Yeah, I've been translating as we're
going. She just wants to know how much time she has to pay the
thousand dollar fine.
MR. DEAN: 30 days.
MS. ARNOLD: She needs to talk with us.
THE INTERPRETER: Thank you.
CHAIRMAN LEFEBVRE: And the next item, are you ready,
Michelle?
Page 94
14tlY 212008
MS. ARNOLD: We actually have to playa video for you all.
This next item is Board of County Commissioners versus Robert
Lockhart. And it's one of those different things, you've never really
been asked to do this before.
CHAIRMAN LEFEBVRE: I've been on the board for nearly
seven years and have not.
MR. PONTE: I certainly haven't.
CHAIRMAN LEFEBVRE: And you've been on 11, so--
MS. ARNOLD: What is -- you've heard this case, you've
imposed fines on this case, you've relinquished authority, and the
Board of County Commissioners requested that you look at it and give
them a recommendation for a reduced fine amount.
And so that we don't -- I'm not translating for the board, we
actually got a copy of the meeting. And so if you all could look at that.
But if we could take a two-minute break so that we can set up, that
would be great.
CHAIRMAN LEFEBVRE: Till quarter after. We'll give you
four.
(Recess.)
CHAIRMAN LEFEBVRE: I'd like to reconvene the meeting for
the Code Enforcement Board. And this is regarding BCC versus
Robert Lockhart. Request for code enforcement board
recommendation.
And just for the record, we're going to be watching a video of
the county.
MS. ARNOLD: Their February 12th, '08 board meeting.
(A video was played.)
MS. ARNOLD: That's the direction.
Just so that you all know, you have a copy of the executive
summary that the board actually was presented with at the meeting
that was referenced that day.
And at the time the proposal for Mr. Lockhart was that we would
Page 95
February ~~~~ A
reduce the fine, which is currently 58,150. He was willing to pay
$2,907.50, which is roughly five percent. And the board did not accept
that proposal. And now they're asking that you all look at it.
As you all heard, there was a 25 percent of the total that was
mentioned at the meeting. And that would equate to $14,537.50.
And Mr. Lockhart is here to speak.
CHAIRMAN LEFEBVRE: Would you like to speak?
(Speaker was duly sworn.)
MR. LOCKHART: And a deeper hole.
Yes. Again, to cut to the chase, the board meeting that I
originally started a petition, public petition that kind of opened up this
issue. The commissioners heard my explanations for what had
transpired, my lack of cooperation, as it may seem to some, lack of
diligence. There's two sides to every coin.
But to the end result, they had made a motion at that board
meeting back in November 27th, I believe it was, to provide a
settlement that ranged anywhere from zero percent to five percent to
10 to 15 to 25 percent.
I was of a mindset that cash was what we had to talk about and I
didn't think of coinciding with a closing, which is now kind of where
this has evolved to. So that is where I have no resolve to -- or no
hesitation. And my offer of 25 percent, which seems to be the
maximum the board had wanted, it's on the table now. That's what I
wish this would be resolved for, abated to.
Certainly we could get into the issue, if you'd prefer, or if you'd
like to. I do have some justifications for the time frames that went on,
but recommendation is what the board had asked of you, so if you
have any questions or if you'd like a quick presentation.
CHAIRMAN LEFEBVRE: Well, we did impose the fines, so I
think we're past, if I'm not mistaken -- are we past the point of
discussing reasons why, or --
MS. RAWSON: Yes. Once you turn it over for foreclosure, you
Page 96
FebruaJR, ~~8 A
don't have jurisdiction. In addition to which you're not an advisory
board.
Notwithstanding the fact that you no longer have jurisdiction,
and notwithstanding the fact that you're not an advisory board, you're
an enforcement board, the County Commissioners have asked you for
an opinion. So you have the right to give them an opinion, but it's not
going to be an order.
You heard the commission meeting, they're asking you for your
opinion, and they're going to make the determination.
MR. KELLY: Well, in that case I make a motion that we
recommend to the Board of County Commissioners to accept the 25
percent offer from the respondent to settle this.
MR. PONTE: Gee, you know, I'm not comfortable with this kind
of negotiation at all. We're supposed to have -- you know, operating in
the sunshine, and here we are suddenly faced with a quasi agreement
or solicitation around by some back door entrance that says okay, I'm
willing to pay 25 percent.
Well, it's just not the way the game is to be played, in my book.
I'm not quite sure what to do about it, and that's the note I made to
myself when I read all of this. All I know is that I don't like it.
CHAIRMAN LEFEBVRE: What I have a problem with is it
sounds like the property is for sale, he has a willing buyer, and all of a
sudden this has become an issue, the difference between 58,150 and
potentially the 25 percent. And to me it just sounds like I'll take the 25
percent, sell my property and be on my way and basically put in
$4,400 in my pocket. That's to me what it sounds like.
And if I'm not mistaken, you were on the Code Enforcement
Board at one time?
MR. LOCKHART: Yes, I was. But again, let me give some
more feedback. It's not a case where I just ignored everything that
went on until recently with the house sale. I've been trying to resolve
this over the years since day one.
Page 97
FebrJa~ ~~20'
There's been a difference of opinion, and unfortunately it went
beyond the board's time frame that I had any option or ability to come
in and speak to the board.
I've tried to work with the county attorney's office on at least six
different occasions. I have tried submitting a permit by affidavit and it
was not accepted.
Finally met with the county attorney September of this year -- of
last year, excuse me. And the direction at that time was agreed upon,
non-binding, obviously, but with the county attorney trying to resolve
this, myself trying to resolve it, issue or submit for a permit, the
conventional permit process, not a permit by affidavit, get inspections,
have a CO, take care of the code fines -- I'm sorry, the --
MR. KELLY: Operational cost.
MR. LOCKHART: -- operational cost, get a certificate of
compliance, which I have all of those in my hand here.
It has been CO'd from the standpoint of the time frame when that
agreement was reached, as I thought it was an agreement, in
September of last year. The permit application was submitted October
1 st. This was six days, the meeting was on the 24th of September, so
October 1 st permit was submitted, 17th the permit was issued. On
November 6th the certificate of occupancy completion was issued.
The same day the code costs of $1 ,209 were paid.
The permit also included triple the permit fees. Didn't include
any impact fees that were outstanding. And again, it was an issue of
not agreeing -- non-agreement with the county's process when it came
to the additions.
And I can only explain it further as, being an engineer, that the
way that it was constructed over a period from 1988 to 1994 did not
have a process that allowed the county permit to be issued that would
not have been expired and a requirement to renew it, continue it, et
cetera.
And at the same time it went through a period of from '94 until
Page 98
FebruaJ!J,f2~8' _
2003 that there were no objections.
Furthermore, Hurricane Wilma came through during the time
period that this code case started.
CHAIRMAN LEFEBVRE: Hold on. There was a stipulated
agreement, I'm looking here, March 3rd, 2004.
MR. LOCKHART: I understand.
CHAIRMAN LEFEBVRE: That was way before Wilma. I
mean, this has dragged on an extremely long time. And being that
you're an engineer in accounting, I would think you know the process
and what to do to get things permitted and so forth.
I am hard pressed to agree to the 25 percent reduction in the
fines.
MR. LOCKHART: I will say again, the -- there was never a
question of the health, safety, welfare of the public with everything
that was done. And that is evidenced by the fact that there was no
damage to those portions through Wilma.
The rest of the house was damaged, the roof was blown off, but
not with those portions that I added, because I did construct them to
the current codes. Furthermore, 58,000 is roughly one-half ofthe
current assessed value of the house, the entire house.
Notwithstanding that there's reasons for what you do, it just is an
exorbitant amount of money. And it isn't a case of selling the house to
get out of the situation. I'm forced to sell the house because there's
other construction going on that I have no choice. I'm left without an
option. And it is --
CHAIRMAN LEFEBVRE: Well, let me state also that the fine
of $50 a day is reflective that it is not of a health and safety issue. If it
was a health and safety issue, as you probably -- you sat through the
cases here, the fine would have been much more than what it is. So
$50 is a very small fine for a case like this. It's very -- it's in line with
what we've done with other cases.
So with that being said, I don't know what the --
Page 99
FebruaJ ~8,'2J08 A
MR. KELLY: I'd like to make a comment about the reality ofthe
process. We have seen cases come in front of us, we have voted to
have fines imposed that totaled more than what the value ofthe
property was worth.
And the reason why I believe this was kicked back to us by the
commissioners is because one, this was the original body. And two,
the commissioners, the county, the people they represent, they're not
in the business of taking people's homes. And I don't think they want
to see this go to foreclosure. And when the 25 percent was thrown out
by one of the commissioners, I think that was a guideline that we
should take very seriously as our recommendation.
We want to see people come into compliance. We don't want to
go and make examples of folks, if you will. And I'd hate to see any
type of vendetta or any type of example being made here of one
particular respondent.
I would like the opportunity to reiterate again that 25 percent I
believe is a fair amount and we should accept that. It happens every
day. Jeff Wright is here, he can testify. When these things go to
foreclosure, very seldom, if any, do they have their property taken
away. Those are for extreme cases where the property has been
abandoned, it's being used as a drug house that they have to demolish
the building and they have to recuperate their cost.
The job of the county attorneys is not to go and take people's
homes, it's trying to negotiate a settlement amount, and that's what
realistically happens when it leaves here.
MS. ARNOLD: I think that's what we're -- that's being requested
of you is what is that settlement amount that you feel is appropriate for
this particular situation.
MS. RAWSON: Mr. Kelly, if! could just correct you. You can't
re-enter it, you don't have jurisdiction.
MR. KELLY : You're right.
MS. RAWSON: They're asking you for an advisory opinion
Page 100
FebruaJ~,'2Jo8 A
because the county attorney is going to negotiate this settlement.
MR. KELLY: Right.
MR. PONTE: I think a $50 a day fine is the minimal fine. Ifwe
went with this, we'd be talking about imposing a $12.50-a-day fine if
we went along with this 25 percent recommendation.
This board got itself into trouble once when it issued a fine of
$1.00 a day. Here we are at $12.00 a day. It's not a good place to be.
Our recommendation was when we came to the conclusion that
the fine should be $50 a day. The fact of whatever all of these other
things have happened or have not happened, the recommendation and
the finding was $50 a day. That's what it is. My recommendation is
that's what it should be.
Ifwe were to be in the position of having to hear everyone who
said ah, the fine has exceeded the value of the property, we might as
well open another division.
MR. KELLY: Well, and that's not the case here. But the truth is,
even today there were cases that came in front of us $200 a day, and
we just completely abated them.
I think we have the purpose -- I think we have a duty to our
community to not only enforce code violations but also to be
compassionate to the respondents, especially when they have abated
those fines.
MR. PONTE: Then let's put it this way: In this case the
respondent has not convinced me of his position. In the other case that
you reference, the respondent did.
Now, I'm only sitting here as a human being and that's all I can
tell you, that I'm not convinced that it should be done. And that's the
challenge that the respondent has.
MR. KELLY: That's a fair response, George, I appreciate it.
MR. DEAN: I agree with you gentlemen. But one thing that
bothered me too is sometimes when something goes back a couple of
years, there's a problem of dispute, due process. So at the time it was
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Februa~~J, 1l08A
disputed, and so he's losing time because it looks like he dragged his
feet for two years. But also he was part of the dispute. He had a
difference of opinion than we did. So it finally came to a head and
here we are.
So I don't think a 25 percent thing is that bad. I think that's pretty
good. I mean, all fairness. For the whole thing, I don't see it. Only
because they've been going back and forth. That's where he lost the
time. It isn't that he didn't do anything from '04 to now. He disputed
what we were saying or whatever, so we were giving him that due
process. But in the meantime, the clock kept ticking against him.
MR. PONTE: But what he did was to go way out of channel,
and that's what cost him time. Now he's asking us to pay for his
mistake.
MR. KELLY: I don't agree with that, George. And nothing
personally but, I mean, we have the right to appeals, we have the right
to go search -- you know, just because a law or in this case an order is
handed down doesn't mean that that's it, that's the end of it. It's a good
thing that he has the ability to try to seek justice somewhere else.
MR. PONTE: In channel.
MR. KELLY: In channel. It didn't work in his favor this time,
but I appreciate that process that we have.
MR. PONTE: So do I. But that's a channeled process, it's not I'll
do whatever I want to do.
This opens -- this would also set the precedent of opening up
new channels, which I think has far-reaching implications that we're
not deciding with this one item if we just decide to go along with the
25 percent, this negotiated amount of money. I think it opens it up
dangerous grounds for future.
MR. KELLY: I don't know ifthis is appropriate, but I would be
very curious to hear from the assistant county attorney. Out of all the
settlements -- I'm sorry, out of all the foreclosures that this board
passes on, how many of them actually go to foreclosure? And if
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they're settled, what is the average amount that they're settled for?
MR. PONTE: Good question.
MR. WRIGHT: Well, I don't have -- again, it's Jeff Wright,
county attorney's office.
I don't have all the numbers at my fingertips right now. And
every case is situational. When it gets forwarded to our office, we
really do make an effort to sit down with the respondent and Michelle
Arnold and hear the story, hear what's gone on since the lien was
entered to determine what would be a fair amount to resolve the case.
And ultimately we forward a recommendation to the Board of County
Commissioners that we have to be able to stand behind, based on the
facts.
We met with Mr. Lockhart, we followed all those same
procedures and it just didn't work out. It might have been a financial
issue, but when Mr. Lockhart came to us for that very meeting, he
offered hours of service and a nominal fee. And we couldn't support
that going to the board. And that's kind of where we ran into troubles.
But as far as for closures, we get a lot of cases, you see them on
that list that gets forwarded to our office. In my two years at the
office, there's been one foreclosure on those. That's not to say that we
wouldn't do it if the situation is not appropriate, but we've only had to
do that one time.
MR. KELLY: Jeff, ifI had to ask you, please give us a range,
where do you see the average of these settling for, from the original
fine amount?
MR. WRIGHT: It might be a misguided number in were to give
that to you. Because let's just say 50 percent, just for discussion
purposes. If I were to say that as a rule of thumb 50 percent is about
what we end up settling these for, then the next guy comes in without
any explanation for -- any reason for reducing his lien amount, that
guy's going to get 100 percent. You have to have a reason for us to be
willing to forward a recommendation to the Board of County
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Commissioners.
So I would throw out that number, 50 percent very, very loosely
and highlight the fact that it depends on the facts.
MR. KELLY: I apologize for presenting that question to you. I
know it puts you in a tough position. And I don't want it to give
anyone any type of justification in the future. I apologize. But thank
you.
MR. LOCKHART: If I may? Being in a position of working
with the county attorney's office since '05, a number of documents
have been provided to me, and there's precedence established for this.
And I've got a reference to a case with a client, owner Verano, code
enforcement case numbers 94-97. And the settlement was reached in
April of '05, and it was less than 25 percent.
And again, a precedence is already established for reduction of
fine/abatement. I mean, you do it every month. Now, the value of that
is your prerogative and based on evidence presented to you.
Again, I have a time line of what my life was involved with from
the day that this code case started up 'til the present resolve of it.
It really isn't my desire to air any laundry here before you and to
anybody, but it wasn't as ifI was sitting back on easy street. I had
gone through quite a bit of disruption in my life through a
neighborhood squabble.
It didn't start over this, it started with a mistake in my personal
life of getting engaged to a next door neighbor that ended up in a
criminal case against me for stalking. How do you stalk a next door
neighbor?
Well, I was forced to leave my home for over a year because of
the turmoil, the constant calling police on me. I surely was in a
situation to abate this situation with construction plans --
MR. PONTE: Excuse me, without getting into any of those
personal items, why didn't you just request an abatement of fine? Why
didn't you come before us and do that?
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MR. LOCKHART: At the time that this was going on was right
in the beginning of all of my other legal problems, and I thought the
clearest, cleanest way -- and I had full intentions to do a further
remodel in my home. And that was what I had signed the stipulations
with Michelle at that date back in June of'04. And my failure was just
the fact that the court problems exacerbated and it just didn't leave me
in a position to address that.
I lost the time frame because I was in Destin, Florida from a
standpoint of any kind of appeal. I did, I believe, contact the code's
attorney at one point two years ago about a process and I was
informed that the door was shut, time had already expired, that I could
go to legal counsel.
Well, that's the one thing I've tried to avoid here is getting an
attorney involved, because I do understand that there's not going to be
any openness of any boards, board of commissioners or the code
board if an attorney's involved, especially when it's gone to a point
with the county attorney office in foreclosure.
So I didn't want to eliminate any options for me of speaking on
my own behalf in trying to go back in time in could.
And that's been the whole problem, I have no means of going
back in time explaining to you why this wasn't corrected in a month.
MR. KELLY: Mr. Lockhart, how much do you charge for your
personal services as an engineer?
MR. LOCKHART: Right now, about $75 an hour. I'm
self-employed, one person since 1989. I try to do a good service for
people at a fair, reasonable fee. And at the same time, I'm very
familiar with the county's processes of building permits.
In the last five years I've been involved in probably 500 building
applications. And I still stand behind that what I did was correct, and
an affidavit for permit should have been accepted, and there was just a
confusion between the building department, permitting department,
inspections and possibly county attorney's office.
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But I can only beat myself against a wall so many months, years,
before I have to acquiesce and say fine, I'll play it by your rules, even
though Florida Statutes allows me that other option.
Again, I'm not an attorney, but I felt I was in the wrong.
Apparently the burden of proof is against me. But here I am asking for
some reduction, some consideration. It is a large sum of money.
MR. LARSEN: Mr. Lockhart, I'd like to ask you, is this a
personal residence or an investment property?
MR. LOCKHART: No, it's my personal residence. It's where
I've lived and worked since 1985.
MR. LARSEN: And it's currently under contract for sale?
MR. LOCKHART: It is.
MR. LARSEN: What is the contract price of sale?
MR. LOCKHART: 235,000.
MR. LARSEN: Do you have a mortgage on that property?
MR. LOCKHART: An equity line of 130,000.
MR. LARSEN: So there's approximately $ 1 00,000 in equity in
the property?
MR. LOCKHART: And which this would take more than half.
MR. LARSEN: Thank you, sir.
My position, my advice to the county board would be accept the
25 percent.
CHAIRMAN LEFEBVRE: Do we need a motion or --
MS. RAWSON: You know, that's interesting. I don't know. I'm
not going to write an order because you don't have jurisdiction to enter
an order. I think probably because they've asked you for your advice
they would like to know how you feel, whether, you know --
CHAIRMAN LEFEBVRE: Do you want to just go down the
line and maybe just voice a 10-minute synopsis of how each party
feels --
MS. RAWSON: They're asking for your advice.
MR. PONTE: Whoa, whoa, whoa. Where are we going here?
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February 2~, 2008
This is so far off the track, Mr. Chairman, honestly.
MR. DEAN: Make a motion.
MR. PONTE: I'm not quite sure from a standpoint of rules,
Roberts Rules, how to handle this. But we are way off the track.
MR. KELLY: Can I make a motion we get a consensus of the
board?
MR. DEAN: I'll second that.
CHAIRMAN LEFEBVRE: Well, this is -- I mean, I've not been
through this before, so --
MS. RAWSON: Nor have any of us.
MR. DEAN: I'd like to -- I made the second. I'd like to amend it
that it be 25 percent, which is 14,000 and some change I had written
down. And that's how I feel. And so there's a motion and second, so
any discussion?
CHAIRMAN LEFEBVRE: All in favor --
MR. LARSEN: Of the 25 percent?
CHAIRMAN LEFEBVRE: Twenty-five percent.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: All in disagreement or not in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. WRIGHT: IfI could just add something at this juncture.
You're not stuck with that number. I think you'd be doing a service to
the Board of County Commissioners if you came up with some
suggestion as to what's fair. You're not required to do that, but I think
that that would be consistent with their request.
MR. KELL Y: Could we pass on that the board was split
decision, three to three?
MS. RAWSON: I think they're going to know that, that you
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February 28, 2008
were split three to three on the 25 percent.
I think what Mr. Wright is asking you to do, do you have another
suggestion for the board, because they've really asked for your input.
MR. KELLY: George, what's your position?
MR. PONTE: My position is that the $50 a day fine is fair.
MR. KELLY: Full amount then.
MR. PONTE: No -- no, no. And if we were then to consider our
usual process of abatement of fine, request for abatement, reduction,
all of that is well and proper and should be done. My objection is that
this is way out of channel.
Now, ifthe dates have been passed where he should have filed
or asked for abatement or reduction, then maybe we have to address
that. But we've got to get this back in channel, and it's not.
So I mean, I have compassion and sympathy for the respondent,
but I have compassion and sympathy for most of the respondents who
are here and have stories to tell us and reasons why and facts and
some not facts of why things have happened the way they are. I listen
with a very open ear. But they have to convince me. And they have to
convince me in a line that's in channel that follows procedures. And
this is not.
MR. LARSEN: I just have a question for counsel. Is there a
protocol or a method by which Mr. Lockhart could bring this back to
the board for purposes of an abatement or reduction of the original
fine, or is complete jurisdiction now --
MS. RAWSON: Complete jurisdiction has been divested from
this board when they sent it for foreclosure to the county.
There was in the beginning a method by which you could come
back, ask for an abatement. That time has passed. Once this board asks
the county to take the matter for foreclosure they lose jurisdiction.
So this is an unusual request, because I know that you're new on
the board. The county is basically asking for some advice from this
board. That isn't a usual thing that happens, but they've requested, so
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you can certainly give them your advice.
MR. PONTE: I just have to amplify that. It's an unusual request
even if you're old on this board.
MS. RAWSON: That's true, by George.
MR. LARSEN: Can the county remand it?
MS. RAWSON: I don't think so. You can ask Mr. Wright that
question.
MR. LARSEN: Can the county remand?
MR. WRIGHT: Well, I would -- I've never seen it done. I'm not
aware of any law that would allow that.
And I just want to highlight this portion of your rules that say
under no circumstances may a request to reduce/abate fine be made
after the board has authorized foreclosure by the county attorney's
office.
If I took that word for word, the answer to your question would
be no.
MS. ARNOLD: Well, and let me just clarify that you're not -- as
Jean mentioned, you're not entering into an order. This is just
something that the Board of County Commissioners is requesting your
opinion, assistance on.
They've done it before. Not when it was related to a specific
case. This is unusual that it's related to a case. They've asked your
assistance or asked direction for other matters, but it was more in
relation to how do we do our business, how do we do our operation
and that type of thing, rather than -- one example was the affirmative
defense that came back to the board in an ordinance.
They asked you all to look at all of these cases that have existed,
or these permit violations that have existed for a long time. Should we
-- should they look at a specific date where if it was done before a
certain date then you would just forgive that violation.
And this board considered that and said no, we need to make
sure that each structure that is out there that has been built is safe. And
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February 28, 2008
the way to determine that is to go through a process of inspections.
And so that's where the affirmative defense came up.
So, you know, this is not unusual that the board is -- they don't
do it often, but they have asked this board to look at certain situations.
It's just unusual that they're asking you to look at a case that you've
already handled and turned over to them.
MR. PONTE: I agree with that. But also, the commissioners are
asking us to do something that we don't do, and that is to provide them
with advice on what they should do regarding a lien that they own.
MS. ARNOLD: Right.
MR. PONTE: Let them seek professional financial advice if they
don't know what to do and determine themselves what they should do
with their lien and what they should settle for on their lien. Our
position is closed. We're not financial professional advisers.
MS. ARNOLD: I agree with that, but I also think that you all
have the expertise because you do this on a regular basis, on a
monthly basis where you look at cases and make a determination
what's an appropriate --
MR. PONTE: That's correct. And it was $50. And I'm not
changing that.
MR. DEAN: You know, I think the commission is professional.
I recommend that -- can I make a statement? All right, I'll do it under
old business.
CHAIRMAN LEFEBVRE: We've already taken a vote and
everything and I think we should move on at this point. Okay.
MR. KELLY: So what is our recommendation to the BCC?
MS. ARNOLD: What I -- since there's been a motion that failed
for, you know, lack of majority, I'll just let them know that your -- the
recommendation was 25 percent, but it failed 3-3.
MR. KELLY: But they can interpret that as maybe 25 percent
was too much, when what I believe I'm picking up as the consensus
was it wasn't enough. So maybe we should get input from the three
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February 28, 20"08
nays and see ifhalf of us think it should be 25 percent, half of us think
it should be 50 percent or the whole amount, so that they had some
direction.
But right now it seems like it's in limbo.
CHAIRMAN LEFEBVRE: That's what I wanted to do
originally, just go right down and have everyone voice their opinion,
but then Mr. Ponte said no, that we were out of line. That's the reason
I took the vote.
Again, we can do that and just explain our positions, spend about
10, 15 seconds apiece. I don't know if that -- again, there's no
precedent on doing this. So I don't know what direction to take.
MR. KELLY: Well, there are three of us who agree on 25
percent. How about we hear from the other three and maybe that will
help give staff some kind of talking points to go back with.
CHAIRMAN LEFEBVRE: Okay. Mr. Ponte?
MR. PONTE: Fifty percent.
CHAIRMAN LEFEBVRE: You said 50 percent. And I think
you explained yourself and your reasoning.
MR. PONTE: I certainly believe I have.
MR. MORGAN: Fifty percent.
CHAIRMAN LEFEBVRE: And do you want to explain your
reasoning at all?
MR. MORGAN: Well, the county attorney said most of these
settlements are based on about one-half of the figure. So I'll agree with
him, 50 percent.
CHAIRMAN LEFEBVRE: My thought process is that we did
make a ruling and to impose the fines. I feel that $50 is not a
significant amount for this case. I think it's in line with other cases that
are on the same level of, I guess, importance. So I would think our
original fine should stand.
MS. ARNOLD: So yours would be 100 percent.
CHAIRMAN LEFEBVRE: One hundred percent.
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Fe ruary '28, zh08
So I guess we polled everybody.
MR. DEAN: Well, can we go on -- no, let me finish.
CHAIRMAN LEFEBVRE: Sure.
MR. DEAN: Thank you, no problem.
And let me just say, I appreciate the county. And all they asked
us to do was give them a recommendation. And I thought that was
highly professional. There's nothing wrong with that. It should go
back and forth amongst the board. That's why we're here, and that's
what we're supposed to do.
And also, I still go back to the fact that the reason I went to the
25 percent was that this gentleman, regardless of what you remember,
as I remember two years back in '04, it started. He was in a difference
of opinion. Maybe he made a mistake or whatever, but I don't see that
we should be charging him "X" amount of dollars because he's in
dispute of it. Once it's rectified and ifhe was right, we would be
abating it.
So the point is that I don't see penalizing him just going back
because it took him time to get his case heard and all the things he
needed to do.
So that's why that everyday rule kind of -- and that's why 25
percent to me makes a little more sense.
Thank you.
CHAIRMAN LEFEBVRE: Any more comments from the
board?
(No response.)
CHAIRMAN LEFEBVRE: Are we -- okay. Okay, I think at this
point we're going to move on.
MS. ARNOLD: Thank you.
MR. DEAN: Wonderful. Rules and regs.
MR. KELLY: New business.
CHAIRMAN LEFEBVRE: Under new business.
MS. ARNOLD: The only--
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FebruaJ 98,12~8 A
CHAIRMAN LEFEBVRE: I'm wondering if I can add a couple
of things.
MS. ARNOLD: Under new business?
CHAIRMAN LEFEBVRE: Yes. Do I need to --
MS. ARNOLD: Is it action items or you could just do it under
comment?
CHAIRMAN LEFEBVRE: One would be an action item.
MS. ARNOLD: Okay.
CHAIRMAN LEFEBVRE: And one, I guess, would be
comments or -- I'll leave it under new business.
First of all, the court reporter came up and asked that if there
would be a way to get, I guess, the stipulated agreements and the
recommendations, county recommendation to the reporter and also to
Jean, our attorney, prior to the hearing.
MR. KELLY: Are you looking for a vote from the board to
recommend that to the county?
CHAIRMAN LEFEBVRE: I'm not really sure what we need to
do, but it would just make it easier for both of them to have those in
front of them prior to the day of the hearing.
MR. KELLY: I agree with that. That would be good.
Michelle, is it possible for staff to supply? I think most of the
staff comes with kind of an idea to try to stipulate things out before
they go to a full hearing. Would it be okay for staff to provide an extra
copy for Jean and Cherie'?
MS. ARNOLD: Sure. Not a problem.
MS. RAWSON: The reason we don't give you one is because
you can't be predetermining what you're doing. It would be helpful for
me since I'm trying to take notes and then reduce it to writing. And if I
had their recommendation, it would be a lot easier, I think for Cherie'
and me that we can take those recommendations and scratch out what
you don't want us to do.
So I would appreciate that, only because it will make it faster for
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February 28, 2008
me to get my orders done.
CHAIRMAN LEFEBVRE: I don't think that needs an order, but
it's an administrative issue.
The other thing is the Marshal case. Is there an update on the
Marshal case?
MR. WRIGHT: I'm not sure what the latest that you had heard.
CHAIRMAN LEFEBVRE: The latest I heard is the filing.
MR. WRIGHT: There are two cases going on. One is an '05 case
that is an appeal of a CEB decision, and that's ongoing.
The court -- there was a petition for writ of certiorari and the
court denied it. Since that denial on that '05 case, he has filed eight
motions, by my count, various motions.
I won't get into the specific captions on the motion. One of them
was motion to recuse the judge. Another was motion to sanction the
staff attorney who wrote the judge's opinion. And the court didn't take
too kindly to those and struck them down as unauthorized.
So there's a handful of motions left on that code case.
And in addition, the case that you're probably more interested in
is the '07 case. It's a civil action against various members of the board
and the county. That's ongoing. We have an outgoing discovery
request. And he has recently moved to consolidate the two cases into
one. And we're going to oppose that effort for various reasons I don't
want to comment on right now.
But basically, that's where we're at. Both cases are still alive and
we're just now cranking up the discovery phase of the cases.
MR. KELLY: Have all of the people who were listed on that and
served, have they been assigned representation?
MR. WRIGHT: As far as I know they have, but I can
double-check and make sure.
MS. RAWSON: I think there are two that are not yet served.
And I helped the county attorney comply with some of the discovery
requests, and at that time, which was about two or three days ago,
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there were two of you who had not yet been personally served.
At this point in time, the county attorney is filing a motion to
dismiss on behalf of all of the defendants, which includes you. But
they are very good about keeping in touch with me. So not to worry.
MR. PONTE: I do have one under new business.
MS. ARNOLD: Can I just ask him to give you an update on that
Bonita Mobile Media case, too? Because that was something that was
also --
MR. WRIGHT: Right. You know, we have this policy of not
commenting on litigation that's outstanding --
MS. ARNOLD: Is it still pending?
MR. WRIGHT: It is still pending and I'm happy to inform you
on the procedural aspects of it.
There was a preliminary injunction requested and it was granted
in their favor. And what that means is that the order that this board
entered is null for the pendency of the action.
And we don't know where it's going to go from here, but we're
working with the other side in trying to find some sort of middle
ground.
But at this point the case is ongoing. That was a preliminary
injunction. So as to whether or not it's going to be made permanent or
what the ultimate outcome of the case is going to be, I don't know. But
it's ongoing.
And if you ever have questions about the status, I'd be happy to
update you.
MR. PONTE: I have just an item, I thought, and request for
direction from anybody willing to give it, following on Gerald's ideas
about stipulation.
I think the stipulation agreements need reinforcing. That is,
frequently respondents sign a stipulation agreement, then we find
them back here later in violation of the stipulation agreement.
Is there a way that we can say, okay, when we do the order, and
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if you enter a stipulation agreement, if you fail to comply with your
stipulation agreement that there will be an additional penalty of like --
I don't know.
Is there a way you can make it a two-step procedure? That is,
here's the court order, if you enter -- or here is our order, if you enter
into a stipulation agreement and fail to comply with the stipulation
agreement in the dates, then there is a penalty for failing?
MS. ARNOLD: I can kind of talk to that.
I don't want to discourage anybody from entering into those
stipulations. The stipulations are just -- well, they're intended to kind
of expedite the process if there's going to be no dispute, you know,
that there is a violation.
But sometimes people are making an honest guess at how long
it's going to take them to comply and things happen that prevent them
from complying timely.
MR. PONTE: But then, Michelle, all the other mechanisms are
in place to come back and say gee whiz, I couldn't do it. As opposed
to today we had stipulation agreements signed and no show, they don't
care. They wanted to get out of here early, out of here by 9:15, so I
just sign the stipulation agreement and I'm gone.
MS. ARNOLD: Well, one of the stipulation was modified by the
board and they weren't here. And so I don't know if I want to --
MR. PONTE: Well, let's not get into specifics. I'm just saying as
a general happening, there are frequently people who have signed
stipulation agreements who are ending up not complying with them.
MS. ARNOLD: Right. And I don't believe staff is shy about
telling you when, you know, we think that they just signed it just to
get out of here early as opposed to really having--
MR. PONTE: I've never heard that. But what I have seen are
people who have signed stipulation agreements who have not
complied with what they signed.
MS. ARNOLD: Well, the board can make those
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recommendations. The stipulations are really something that the
county enters into with the respondent. You all, as a part of your
order, could be more strict.
MR. PONTE: What I'm saying is we can't do anything after the
order. So if with the order when we agree to the stipulation agreement,
just as there is the standard phrase that the county is going to be
reimbursed for all operational costs, there should be a standard phrase
in there that simply says if you fail to comply with the stipulation
agreement, you'll be fined an additional -- I'm just throwing a figure
out here, $10 a day, $20 a day, $500 a day, I don't know. But
something.
Anyway, I think we ought to consider it. I don't know what the
mechanism is to get it done.
MS. ARNOLD: I think it would just be a part of your order.
MR. PONTE: Each and every order?
MS. ARNOLD: Yes. Um-hum, yes.
MR. PONTE: So really, that saying the stipulation agreements
are written by the county with the respondent, it should be inserted at
that point because the respondent and the county are agreeing to the
fining mechanism and to the compliance mechanisms, and they also
ought to agree to the penalty mechanism.
MS. ARNOLD: Well, I guess if the position of the board is that
there should be a stiffer fine in the event that a stipulated agreement
isn't complied with, then that's something that we should disclose to
the respondent, obviously, before they sign it. Because, you know, I
don't think that it's fair to them.
MR. PONTE: Not a stiffer fine. This is a penalty for not
compliance. It's not a fine anymore than the reimbursement of the
county for costs is a fine. It's separate from the fine. It's not a fine.
MS. ARNOLD: Well, a stiffer penalty then.
MR. PONTE: It's a penalty; that's what I keep calling it.
MS. ARNOLD: I guess I'll have to -- if that's the position of the
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February i8~2601 A
board, then that's something that we would disclose to the
respondents.
CHAIRMAN LEFEBVRE: I think we have to look at each case
individually. We can't go across the board.
MR. PONTE: What I'm trying to do is to kind of clear the field
so that when we next have a stipulation presented to us and George
goes forward and says, and I'm going to suggest the stipulation be
changed for -- and we do that several times so we don't have the
discussion again. Why would you want to do that? I mean, I'm just
searching for a way to --
MS. RAWSON: Well, ifI can weigh in, I think that to have a
general rule that if you enter into a stipulation it's going to cost you
more than if you don't has a chilling effect for people entering into
stipulated agreements, which are really designed for expediency of the
process.
I would not like to see you vote to do that -- but of course you
can vote to do whatever you want to do -- because it would deter, I
would think, any reasonable person from ever wanting to enter into a
stipulation.
Notwithstanding that, you know that you have the right to
change every stipulation on a case-by-case basis once it's presented to
you. You don't have to accept it. You are the trier of fact here. And
when you look at the facts of the case and the respondent, you
recognize that respondent because he's been here a dozen times, you
can certainly interject your thoughts and vote to change that stipulated
agreement at the time.
But I'd hate to see you put across the board it's going to cost you
more if you enter into a stipulation.
MR. PONTE: And fail.
MS. RAWSON: Correct.
MR. PONTE: It's doesn't cost you more to enter the stipulation
agreement, it only costs you more if you fail to comply.
Page 118
February1l./i,1Jl,8 :A
MS. RAWSON: I understand what you're saying.
CHAIRMAN LEFEBVRE: Going to move on to reports. Rules
and regulations.
MS. ARNOLD: We got our rules approved by the board, so I
have the documents here for your -- and thank you very much, Mr.
Kelly. Both Mr. Kelly and the special magistrate was in attendance at
that meeting and I think that helped a lot. So I thank you very much.
So all I need before you all leave is --
CHAIRMAN LEFEBVRE: Signature.
MS. MARKU: I would like to state that Mr. -- I would like to
make a comment that Mr. Charles Martin had an unexcused absence
and he was not a voting member today.
CHAIRMAN LEFEBVRE: So I guess that would fall under
comments.
Next meeting will be March 22nd, 2008.
And I make a motion -- can I have a motion to adjourn.
MR. DEAN: Motion to adjourn.
CHAIRMAN LEFEBVRE: Do I have a second?
MR. MORGAN: Second.
CHAIRMAN LEFEBVRE: All in favor?
MR. MORGAN: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
MR. LARSEN: Aye.
CHAIRMAN LEFEBVRE: Aye.
MR. DEAN: You said March 22nd?
MR. PONTE: Seventh.
Gerald, is it 2..2 or 2..77
CHAIRMAN LEFEBVRE: 2..7, according to the agenda.
Page 119
1611 A
February 28, 2008
******
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 1:08 p.m.
COLLIER COUNTY CODE
ENFORCEMENT OARD
BVRE, CHAIRMAN
These minutes approved by the board on
presented or as corrected
as
Transcript prepared on behalf of Gregory Court Reporting Service,
Inc., by Cherie' R. Nottingham.
Page 120
FI~la Ji\ )/Y .:r_
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Coyle
Colett
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RECEIVED
I 8Pf OJ 200ft
Board 01 County Commissioners
Memorandum
To:
Board of County Commissioners
From:
Joseph K. Schmitt, Community Development &
Environmental Services Administrator
Date:
March 27, 2008
Subject:
Collier County Planning Commission Meeting Agenda
Enclosed is a copy of the full agenda package for the Collier County Planning Commission
meeting scheduled for April 3,2008. To my knowledge, there is one Land Use Petition item
that may have controversial issues this week.
Item # 9 -B CU-2007-AR-11394, LDS Immokalee Chapel
The applicant fired their agent and got new representation. The new agent has
determined that there is already a church in the area within 500 feet of a
property owner who complained to the CCPC that he would not be allowed to
open a bar on his propeliy because of the LDC requirement for bars to be more
than 500 feet from a church. Consequently, the agent has asked that this petition
be remanded to the CCPC for another hearing with this new evidence.
Should you have any questions or comments regarding any of these agenda items or the
process itself, as always, please do not hesitate to contact me.
c: Jim Mudd, County Manager
G/admin/Joseph K. Schmitt/memolsp
MISC. COl'ItS:
Date:
Item It.lkill-.2.
Community Development & Environmental Services
" "C"o tc,
~
AGENDA
Revised
1611
A
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, APRIL 3, 2008, IN THE
BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY
GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND 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 VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - FEBRUARY 21, 2008, REGULAR MEETING
6. BCC REPORT- RECAPS - JANUARY 22, 2008, LDC MEETING; FEBRUARY 5, 2008, LDC MEETING; FEBRUARY
19,2008, LDC MEETING;
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
A. Petition: CU-2006-AR-9337, Barron Collier Partnership, LLLP, represented by George L. Varnadoe,
Esquire, of CheflY, Passidomo, Wilson & Johnson, LLP; and Agnoli, Barber & Brundage, are requesting a
Conditional Use of an earth mining operation and related processing and production of material within a
Rural Agriculture with a Mobile Home Overlay (A-MHO) Zoning District, a portion of which is located in a
Stewardship Sending Area 9 (BCIIBCP-SSA-9), pursuant to Section 2.04.03 of tbe LDC for a project to be
known as South Grove Lake. The subject property, consisting of 158.7," acres, is located in Sections 17 and
18, Township 48 South, Range 29 East, Collier County, Florida. (Coordinator: Willie Brown) HEARD ON
3/20/08
1
1611 A
B. Petition: PUDZ-2006-AR-I0875, Q. Grady Minor, representing KRG 951 and 41, LLC, is requesting a
PUD Rezone from the Agricultural (A), Commercial Convenience (C-2), General Commercial (C-4) and
Artesa Pointe PUD zoning districts, to the Commercial Planned Unit Development (CPUD) zoning district
for the Tamiami Crossing CPUD, which would allow a maximum of 235,000 square feet of commercial
uses. The +25.45 acre property is located in Section 3, Township 51 South, Range 26 East, Collier County,
Florida. (Coordinator: John-David Moss) HEARD ON 3/20/08 CONSENT MOVED TO 4/17/08
C. The 2006 Transmittal Cvcle Growth Mana~ement Plan Amendments Exhibit "A" Text Changes as per
CCPC Recommendation to BCC for hearings held on Monday, March 17, 2008 for Petitions CP-2006-5,
CP-2006-7, CP-2006-8, CP-2006 -9, CP-2006-IO and Monday, March 24, 2008 for Petition CP-2006-I, all
prior to special BCC hearing scheduled for April 15, 2008.
9. ADVERTISED PUBLIC HEARINGS
A. Petition: V A-2007-AR-12668, B&B Cash Grocery Stores, Inc., represented by Charlie Martin, requesting a
Variance of 17 feet to replace an automobile service station canopy that was destroyed by Hurricane Wilma;
and a Variance of seven feet to relocate 1\vo fuel pump dispensers. The ;:!:-O.81-acre subject property is zoned
Village Residential (VR) and General Commercial (C-4)/Main Street Overlay Subdistrict (MSOSD) and is
located at 401 1st Street South, South Immokalee Heights Unit, Section 4, Township 47 South, Range 29
East, Collier County, Florida. (Coordinator: .lohn-David Moss)
B. Petition: CU-2007-AR-11394, The Corporation of the Presiding Bishop of the Church of Jesus Christ of
Latter Day Saints, represented by Bruce Anderson of Roetzel and Andress, is proposing a Conditional Use
of the Commercial Professional and General Office (C-l) Zoning District with a SR29 Commercial
Subdistrict Overlay (C-l-SR29-COSD) and the RSF-3 (Residential Single-Family) Zoning District for a
Church/Place of Worship, pursuant to LDC Section 2.04.03, Table 2. The l6.8-acre site is located at 635
State Road 29, in Section 32, Township 46 South, Range 29 East, Immokalee, Collier County, Florida.
(Coordinator: .lohn-David Moss)
10. OLD BUSINESS
A. Discussion ofBD-2007-AR-12154, Saundra Clancy-Koendarfer Boat Dock Extension, to determine and put
on record the reason for motion for denial.
II. NEW BUSINESS
II. PUBLIC COMMENT ITEM
12. DISCUSSION OF ADDENDA
13. ADJOURN
4/3/08 eepe Agenda/RB/sp
2
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COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, APRIL 17,2008, IN THE
BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY
GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
AGENDA
Revised
RECEIVED
L AP.r. ~4 200i
1 ~ ,; __.J, comn/;\Iooor.
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 MA TERIAL 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 PRESENT A nON 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 - FEBRUARY 25, 2008, SPECIAL MEETING (COCOHA TCHEE); MARCH 6, 2008,
REGULAR MEETING
6. BCC REPORT- RECAPS - Not Available at this time
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
A. Petition: PUDZ-2006-AR-I0875, Q. Grady Minor, representing KRG 951 and 41, LLC, is requesting a
PUD Rezone from the Agricultural (A), Commercial Convenience (C-2), General Commercial (C-4) and
Arlesa Pointe PUD zoning districts, to the Commercial Planned Unit Development (CPUD) zoning district
for the Tamiami Crossing CPUD, which would allow a maximum of 235,000 square feet of commercial
uses. The +25.45 acre property is located in Section 3, Township 51 South, Range 26 East, Collier County,
Florida. (Coordinator: John-David Moss) HEARD ON 3/20/08
B. Petition: V A-2007-AR-12668, B&B Cash Grocery Stores, Inc., represented by Charlie Martin, requesting a
Variance of 14 feet to replace an automobile service station canopy that was destroyed by Hurricane Wilma;
and a Variance of seven feet to relocate two fuel pump dispensers. The lcO.81-acre subject property is zoned
Village Residential (VR) and General Commercial (C-4)/Main Street Overlay Subdistrict (MSOSD) and is
located at 401 1st Street South, South Immokalee Heights Unit, Section 4, Township 47 South, RanlMiJel COII'eI:
East, Collier County, Florida. (Coordinator: John-David Moss) HEARD ON 4/3/08
Date:
1
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16\
'I
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,-
C. Petition: CU-2007-AR-11394, The Corporation of the Presiding Bishop of the Church of Jesus Christ of
Latter Day Saints, represented by Bruce Anderson of Roetzel and Andress, is proposing a Conditional Use
of the Commercial Professional and General Office (C-I) Zoning District with a SR29 Commercial
Subdistrict Overlay (C-I-SR29-COSD) and the RSF-3 (Residential Single-Family) Zoning District for a
Church/Place of Worship, pursuant to LDC Section 2.04.03, Table 2. The 16.8-acre site is located at 635
State Road 29, in Section 32, Township 46 South, Range 29 East, Immokalee, Collier County, Florida.
(Coordinator: John-David Moss) HEARD ON 4/3/08
D. The 2006 Transmittal Cvcle Growth Mana2ement Plan Amendments Exhibit "A" Text Changes as per
CCPC Recommendation to BCC for hearings held on Monday, March 17, 2008 for Petitions CP-2006-5,
CP-2006-7, CP-2006-8, CP-2006 -9, CP-2006-10 and March 28, 2008 for Petition CPSP-2006-I3,
all prior to special BCC hearing scheduled for April 15,2008.
9. ADVERTISED PUBLIC HEARINGS
A. Petition: CU-2006-AR-11 046, VI Partners, L TO, represented by Richard Y ovanovich of Goodlette, Coleman,
Johnson Yovanovich & Koester, P.A., requesting a Conditional Use for the Moraya Bay Beach Club to allow a
private club in the Residential Tourist (RT) zoning district and the Vanderbilt Beach Resort Tourist Overlay district
(VBRTO) of the Collier County Land Devclopment Code (LDC), as specified in Sections 2.03.02.E for the RT Zoning
District and 2.03.07.L. for the VBRTO. The proposed private club will be located within the residential building.
Public restrooms are proposed along the north property line, with a portion of the building located on site and the
remainder locatcd within the Bluebill Avenue right-of-way. The subject property, consisting of 4.96* acres, is located
at 11125 Gulf Shore Drive, on the comer of Gulf Shore Drive and Bluebill Avenue, in Section 29, Township 48
South, Range 25 East. Collier County. Florida. (Coordinator: Kay Deselem)
B. Petition: BD-2007-AR-12653, Martin Hussey, represented by Eric Schneider, of Turrell, Hall and Associates, Inc.,
requesting a 23-foot boat dock extension over the maximum 20-foot limit as provided in section 5.03.06 of the LDe to
allow a 43-foot dock facility to accommodate one vessel. The subject property is located at 173 Venus Cay Drive,
Lot 70, Port of the Islaods (The Cays), Phase 2, as recorded in Plat Book 21, pages 1-4, Section 9, Township 52
South, Range 28 East, Collier County, Florida. (Coordinator: Ashley Caserta)
C. Petition: DOA-2007-AR-12651, Ave Maria Development, LLLP, represented by George Varnadoe, of Cheffy,
Passidomo, Wilson, and Johnson, LLP, is requesting an Amendment to the Town of Ave Maria DRI Development
Order The proposed amendment to the Development Order relates to the Affordable Housing options and the
documentation of the 3-ycar extension of the phase, buildout, and tennination dates for the DRI, pursuant to Florida
Statutes. The subject property is located in the Town of Ave Maria, part of Sections 4 through 9 and Sections 16
through 18, Township 48 South, Range 29 East and part of Sections 31 through 33, Township 47 South, Range 29
East, Collier County, Florida. (Coordinator: Kay Deselem)
D. Petition: CU-2007-AR-12359, SS Naples, LLC, represented by Michael R. Fernandez, AICP, of Planning
Development, Inc, is requesting a Conditional Use for a maximum 98,000 square foot self-storage facility to be
located on a 2.4+/- acre site in a C-4 zoning district pursuant to Section 2.03.03 D of the Land Development Code
(LDC). The property is located on the north side of Tamiami Trail East (US 41) and the south side of Floridian
Avenue approximately 230 feet northwest of Martin Street, in Section 29, Township 50 South, Range 26 Easl,
Collier County, Florida. (Coordinator: Nancy Gundlach)
E. Petition: PUDZ-2006-AR-9143, Standing Oaks, L.L.C., represented by Dwight Nadeau, of RWA, Inc. and Richard
D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson, P.A., requesting a rezone from Rural Agricultural (A) to
Residential Planned Unit Development (RPUD) to be known as Standing Oaks PUD. The 41.1* acre Rural
Agricultural zoned site is proposed to permit 164 single and multifamily residential dwelling units at a density of 4
units per acre. The subject site is located at 6473 Standing Oaks Lane, 6400 Standing Oaks Lane, and 6565 14th
Avenue N.W., in Section 31, Township 48 South, Range 26 East, Collier County, Florida. (Coordinator: Nancy
Gundlach) CONTINUED TO 5/27/08
2
16/1
F. Petition: PUDA-2007-AR-12322, Livingston Professional Center LLC, represented by Robert L. Duane, AICP, of
Hole Montes, Inc. is requesting an amendment to the Hiwassee PUD to revise existing development standards,
transportation requirements and property ownership information. The +/-12.52-acre subject property is located 1400
feet north of the intersection of Eatonwood Lane and Livingston Road, in Section 13, Township 49 South, Range
25 East, Collier County, Florida. (Coordinator: John-David Moss) CONTINUED TO 511/08
G. Petition: PUDZ-2007-AR-11398, Shoesop Properties, LLC represented by Tim Hancock, AICP, Davidson
Engineering Inc., requests a rezone from the Estates (E) Zoning District to the Commercial Planned Unit Development
(CPUD) Zoning District for a development to be known as Fakahatchee Plaza CPUD. The 5.46-acre Estates-zoned
property is proposed to permit a commercial general office and/or retail facility within the Neighborhood Center
Subdistrict of the Golden Gate Area Master Plan (GGAMP). The subject property is located at the northwest corner
of Golden Gate Boulevard (CR 876) and Everglades Boulevard, Golden Gate Estates, Unit 76, Tract 128, Section
6, Township 49 South, Range 28 East, Collier County, Florida. (Coordinator: John-David Moss) CONTINUED
INDEFINITELY
H. Presentation to Collier County Planning Commission (CCPe) of the Annual Update and Inventory Report (AUIR)
Seasonal Population Study, as Directed by the Collier County Board of County Commissioners (BCe), for
components of the AUIR on Public Facilities as provided for in Chapter 6.02.02 of the Collier County Land
Development Code. [Coordinator: Mike Bosi, AICP, Planning Manager]
10. NEW BUSINESS
II. PUBLIC COMMENT ITEM
12. DISCUSSION OF ADDENDA
13. ADJOURN
04-17-08 cepe Agenda/RBIMK/sp
3
Fiala . 16 J z1, t
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H. enJ1lng ..0':' /L February 21, 08"
Coyle .~
Coletta - -.----.- TRANSCRIPT OF THE MEETING OF THE RECEIVED
COLLIER COUNTY PLANNING COMMISSION APR 08 2008
N I FI 'd Board otCouotv Co .
ap es, on a mmlSSOoners
February 21, 2008
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:
CHAIRMAN: Mark Strain
Lindy Adelstein
Donna Reed-Caron
Tor Koltlat
Paul Midney
Bob Murray
Brad Schiffer (Absent)
Robert Vigliotti
David J. W oltley
ALSO PRESENT:
Jeffrey Klatzkow, Chief Asst. County Attorney
Ray Bellows, Zoning & Land Development Review
Mise Con'es
08te_______.
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.-_..._~---
Page 1
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F lQa~ 11, 2A>8
CHAIRMAN STRAIN: Good morning, everyone. Welcome to
the, what is it, February 21 st 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
ROLLCALL BY SECRETARY
CHAIRMAN STRAIN: Thank you, If the secretary will please
do the roll call.
COMMISSIONER CARON: Mr. Kolflat?
COMMISSIONER KOLFLAT: Here,
COMMISSIONER CARON: Mr. Schiffer is absent.
Mr. Midney?
COMMISSIONER MIDNEY: Present.
COMMISSIONER CARON: Ms. Caron is here.
Mr. Strain?
CHAIRMAN STRAIN: I'm here,
COMMISSIONER CARON: Mr. Adelstein?
COMMISSIONER ADELSTEIN: I'm here, too.
COMMISSIONER CARON: Mr. Murray?
COMMISSIONER MURRAY: Me, too.
COMMISSIONER CARON: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Present.
COMMISSIONER CARON: And Mr. Wolfley?
COMMISSIONER WOLFLEY: Here.
CHAIRMAN STRAIN: Thank you.
Item #3
ADDENDA TO THE AGENDA
Page 2
Febru~~1!2lo8 A
Addenda to the agenda. Basically we have two consent items
and one advertised public hearing. Are there any other changes?
(No response.)
Item #4
PLANNING COMMISSION ABSENCES
CHAIRMAN STRAIN: Okay, hearing none, we'll move on to
the planning commission absences. Our next meeting is February
25th. It will be at 10:00 in this room. And it will be on the
Cocohatchee project, so hopefully it will be a wrap-up day for that.
We should have all gotten our paperwork now, and as long as
we're prepared to discuss it Monday, we'll get through it all.
COMMISSIONER MURRAY: You said 10:00?
CHAIRMAN STRAIN: 10:00 Monday morning. Mr. Midney
won't be here,
Mr. Wolfley?
COMMISSIONER WOLFLEY: I will be unable to make it as
well at this point.
CHAIRMAN STRAIN: Okay, When I look down, I keep
thinking of him and his name and how I keep mispronouncing it after
all these years, so I've got to be very careful.
COMMISSIONER WOLFLEY: So now you've got to work on
the Wolfley.
CHAIRMAN STRAIN: Wigliotti, how's that? Do a combine of
both of you,
Item #5
APPROVAL OF THE MINUTES - JANUARY 3, 2008, REGULAR
Page 3
lRbluh 2A200S
MEETING; JANUARY 9,2008, LDC MEETING; JANUARY 11,
2008, LDC MEETING; JANUARY 11,2008, SPECIAL
(COCOHATCHEE) MEETING; JANUARY 17,2008, REGULAR
MEETING
Okay, approval of the minutes. We had a pile of them. I'll take
them one at a time,
January 3rd, 2008 regular meeting. Somebody want to just --
COMMISSIONER MURRAY: I'll move it.
COMMISSIONER CARON: I have -- excuse me, I have a
change that needs to be made.
The words Tree Tops, as used in this transcript, refer to a
development, and so they should be capitalized. Otherwise it looks
like we're talking about a line oftrees, as opposed to a development.
Thanks,
CHAIRMAN STRAIN: Okay. With that one change, is there
-- Mr. Murray, you still going to make --
COMMISSIONER MURRAY: Sure,
CHAIRMAN STRAIN: Was there a second?
COMMISSIONER ADELSTEIN: Second it.
CHAIRMAN STRAIN: Seconded by Mr. Adelstein.
All those in favor, signifY by saying aye,
MR. MURRAY: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye,
MR. WOLFLEY: Aye,
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
Page 4
Febi<6' I1POO~
CHAIRMAN STRAIN: Motion carries.
January 9th LDC meeting, Is there a motion to approve?
COMMISSIONER ADELSTEIN: So moved.
CHAIRMAN STRAIN: Made by Mr. Adelstein, seconded by?
COMMISSIONER MURRAY: (Indicating.)
CHAIRMAN STRAIN: Mr. Murray,
All in favor, signifY by saying aye.
MR. MURRAY: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
MR. WOLFLEY: Aye.
COMMISSIONER CARON: Aye,
COMMISSIONER ADELSTEIN: Aye,
COMMISSIONER VIGLIOTTI: Aye,
CHAIRMAN STRAIN: Anybody opposed?
(No response,)
CHAIRMAN STRAIN: Motion carries.
January II th LDC meeting.
COMMISSIONER ADELSTEIN: So moved,
CHAIRMAN STRAIN: Motion made by Commissioner
Adelstein. Seconded by?
COMMISSIONER MURRAY: (Indicating.)
CHAIRMAN STRAIN: Commissioner Murray, Two-handed
this time,
All those in favor, signifY by saying aye.
MR. MURRAY: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye,
MR. WOLFLEY: Aye,
COMMISSIONER CARON: Aye.
Page 5
Februal~' fOj8 A
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye,
CHAIRMAN STRAIN: Anybody opposed?
(No response,)
CHAIRMAN STRAIN: Motion carries.
We're almost there, two more, January 11 th, 2008 special
Cocohatchee meeting, Recommendation to approve?
COMMISSIONER ADELSTEIN: Go ahead.
CHAIRMAN STRAIN: Made by Mr. Adelstein.
COMMISSIONER MURRAY: How could I resist?
CHAIRMAN STRAIN: Seconded by Mr. Murray. This is a
good team we've got going here.
All those in favor, signifY by saying aye.
MR. MURRAY: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye,
MR. WOLFLEY: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye,
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries.
And the final one, January 17th 2008 regular meeting.
COMMISSIONER VIGLIOTTI: So moved,
COMMISSIONER MURRA Y: I have an error change.
CHAIRMAN STRAIN: Okay.
COMMISSIONER MURRAY: On Page 9, I had made the
motion and I was not counted as being part of those who voted for it.
And --
CHAIRMAN STRAIN: It's odd you'd make a motion and not
Page 6
Februl%2}, fOS A
vote for it.
COMMISSIONER MURRAY: It's possible to do that, but I --
in this case I did make the motion and vote for it, so I think I just got
slipped off there.
CHAIRMAN STRAIN: Okay, so on Page 9 we need to add
you as a member of the affirmative vote; is that correct?
COMMISSIONER MURRA Y: That's correct.
With that, the minutes are fine, as far as I could see.
CHAIRMAN STRAIN: So that's a motion to recommend
approval with that change?
COMMISSIONER MURRAY: I would do so, based on that.
CHAIRMAN STRAIN: Is there a second?
COMMISSIONER ADELSTEIN: I'll second it.
CHAIRMAN STRAIN: Seconded by Commissioner Adelstein,
All those in favor, signifY by saying aye.
MR. MURRAY: Aye,
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye,
MR. WOLFLEY: Aye.
COMMISSIONER CARON: Aye,
COMMISSIONER ADELSTEIN: Aye,
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries.
Okay, we finished it. Thank you all.
Item #6
BCC REPORT - RECAPS - JANUARY 16,2008, LDC MEETING;
JANUARY 22,2008, LDC MEETING
Page 7
Februal61,/2fs A
Ray, the BCC reports.
MR. BELLOWS: Yes, on February 12th the Board of County
Commissioners heard the PUD rezoning for Myrtle Woods that was
approved on the regular agenda by a vote of 5-0, And it was
approved subject to the planning commission and EAC conditions of
approval, with the exception that certain businesses -- or businesses
with -- could be deemed obscene names or rude names be omitted
from the PUD. It was kind of an unusual condition, but the petitioner
agreed to it, so that was included.
COMMISSIONER MURRAY: Would you speak up a little bit
on that?
CHAIRMAN STRAIN: I think the microphones aren't up to the
loudness they usually are. Okay, that -- ah, that's better. There we go.
MR. BELLOWS: Yeah, the board approved, subject to the
planning commission and EAC recommendations, but they put an
exemption in on certain businesses that could be deemed to have a
rude or obscene type of name, That was a concern that was raised
during the meeting.
COMMISSIONER MURRAY: Oh, that's going to be
interesting.
CHAIRMAN STRAIN: Well, that's a good move, but Ijust
wonder how they're going to define it. That's unfortunate they --
that's going to be a challenge.
MR. KLATZKOW: Well, it's in our LDC, so we're going to use
the same language in the LDC as the condition.
CHAIRMAN STRAIN: Good, I think that -- I heard about
some of those recommendations, and I think that's a good move on
the part of the commission to take a look at banning names that are
inappropriate for our children to see.
Go ahead, Mr. Vigliotti,
COMMISSIONER VIGLIOTTI: Ray, which PUD was that?
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F ebrua11 B, fOfS A
MR. BELLOWS: That was PUDZ-05-AR-9127, the Myrtle
Woods PUD.
COMMISSIONER VIGLIOTTI: Myrtle Woods, thank you.
MR. BELLOWS: The board also remanded the ordinance for
outdoor service areas to be presented to the planning commission at
the March 6th planning commission meeting. So it could be heard at
the Board of County Commissioner meeting on March 26th.
CHAIRMAN STRAIN: Now, isn't this one we already saw?
MR. BELLOWS: I believe we had an early draft before the
planning commission.
MR. KLATZKOW: They want your recommendation on the
ordinance.
COMMISSIONER MURRAY: I thought we did,
MR. KLA TZKOW: I don't think you formally made a
recommendation,
COMMISSIONER MURRAY: Really?
MR. KLATZKOW: We bifurcated between LDC amendment
and the noise ordinance, This is the ordinance itself.
CHAIRMAN STRAIN: So now the objective is to review the
ordinance. We're not here to then decide how to split the ordinance
apart, we're basically being asked to review the ordinance, period.
MR. KLATZKOW: That's correct.
COMMISSIONER MURRAY: Okay.
CHAIRMAN STRAIN: Okay, well, that's fine. We got the
direction, I'm sure we'll take care of it.
And that's going to be on the March 6th meeting, Ray?
MR. BELLOWS: That's correct.
CHAIRMAN STRAIN: That's it?
MR. BELLOWS: That's it.
CHAIRMAN STRAIN: Thank you, sir.
Item #7
Page 9
FebruJy61/2~08 A
CHAIRMAN'S REPORT
Chairman's report. Well, I did some research. Now we're in
trouble, I have two things I want to mention to everybody.
I went into the county offices like I always do to pick up my
packet, and I knew the agenda had just one item on it, the variance
that we had for the last time on the agenda plus our consent items.
Now, that didn't seem to be a lot of paperwork until I got my
packet. And if Ms. Caron will let me borrow it.
This is actually four of the five minutes transcribed for our
review today. It's -- without the last one, it's at least an inch thick,
might be 300,500 pages here. I don't know how many.
I saw when Sharon offered that to me, I said, Sharon, we have a
very good court reporter. She does an excellent job. I have the
utmost faith, and surely there are parts of it that need to be read, but I
can read it on-line, I can read it as an electronic version and save a
tremendous amount of effort.
And I said, what does the county have to do to make all these
copies that are passed out to us? We might have one or two little
comments and then they're thrown out because they're already public
record, they're transcribed.
So I suggested that maybe I'd bring it up today at a meeting.
Right now the county charges I think 15 cents a page for a copy, If
that was 500 pages, just that packet alone cost 75 bucks per person on
this committee today. You multiply that times nine of us, that's $675
for all of us to get that packet that we now turn around and we don't
need anymore. It's worthless, Now you multiply that times 24
weeks, you're looking at $16,000 just for that portion of our packet a
year. And that means you've got paper, you've got someone standing
at a copier, making a copy, stapling them, putting them out and
passing them out to us and then couriering (sic) them to us. And boy,
Page 10
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if they did the courier by the pound, we'd be in trouble.
I was going to ask this commission if they wouldn't mind at
least getting the transcribed minutes and the BCC recaps
electronically to save the cost to the taxpayers in the county of
getting it like it is now for what little we need it for.
I understand there are comments, and Mr. Murray's was a prime
example of how his name was missed on a vote, and that's important.
But we could do that through an electronic version and just come
with a comment here to the meeting and save a tremendous amount
of effort and cost.
I think if one committee does it and another, maybe we
eventually will have a whole wad of savings for the -- overall.
Does anybody have a problem with receiving these
electronically? And just this item for now.
Mr. Kolflat, then Mr. Wolfley.
COMMISSIONER KOLFLA T: I'd only like to ask Ray, how
many people can you reduce in your department if we were to
activate this?
MR. BELLOWS: That's decisions higher above me.
CHAIRMAN STRAIN : Very good answer.
Mr. Wolfley?
COMMISSIONER WOLFLEY: I think that's a great idea. If
we could just get an e-mail with a link to it so we don't have to go
hunting, to make it easy.
CHAIRMAN STRAIN: Oh, that's even better. Yeah, that
would be even better to review them -- I think that's great.
Mr. Murray?
COMMISSIONER MURRAY: Yeah, I have a lot of trouble
with my eyes, and reading from the computer does put a great deal of
strain on them.
One way of reducing the cost of these things is to bring it down
from what looks like 16 or 18 point type down to a smaller size type.
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FebruaJ~, ~48 A
I recognize the desirability of saving money, I'll go along with
it to the point where I can -- reading that much over the computer
would be horrendous for me, So if there's some paper addition that
may be, then I'm going to have to be the little poor boy that has to get
them by paper.
I just can't -- I had to go to the eye doctor. I have major
problems.
CHAIRMAN STRAIN: Mr. Murray, would you mind giving it
a try so you -- try scrolling through it, and if you find it too
prohibitive, then maybe we can -- Sharon can just produce the hard
copies for you?
COMMISSIONER MURRAY: Well, I suspect -- I suspect, as I
thought I indicated, I suspect we're going to go to do this, we're going
to go to electronic, and that's fine, I have no objection to wanting to
do it, I'm merely indicating that I have a problem that if it turns out I
cannot, then I'm going to have to say, look, I need the paper.
CHAIRMAN STRAIN: Okay, Ray -- is everybody here in
agreement? Is that going to work? Subject to -- you know, if
anybody finds there's problems with it, I guess we can convert over
on individual member basis back to paper, but it'd sure be a nice try to
save some of the effort.
Mr. Murray?
COMMISSIONER MURRAY: There is a question that comes
up about -- sometimes about pagination, and comments on one page
may be found in a computer and it turns out to be on another page
when printed. There would have to be some way of making sure if
we're going to say a correction is necessary, because you could never
have any evidence. We're not going to have any evidence, I guess, of
the correction we just made, but we've identified the page and it's
probably --
CHAIRMAN STRAIN: Well, first of all, you do have the
evidence, because once we make the correction here today, the
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Februay b1ll8 A
transcription of today's meeting will have that in it, plus the
correction will be made before it's recorded and put on-line for the
world to see. So we could always check it back on-line again.
COMMISSIONER MURRAY: Okay, good.
CHAIRMAN STRAIN: I think that -- I'm trying to think what
your -- oh, your first question was about if you did have a page, how
does the pagination change.
I don't -- all of us have printers, and if we had one page like you
had today, you could have printed that one page just to bring to the
meeting and then discussed offthe one page, if you needed to, That
might be a solution, if that were to happen.
COMMISSIONER MURRAY: I didn't make myself clear. I
wasn't referring to an issue that way. I was referring to when you
read your computer, let's say it says Page 9, and in the record, the
actual record they have, it might be Page 10, It's not a big deal, but
it's a thought, that's all. I'm just trying to think about what the
implications are all around, Being mindful of it, that's all.
CHAIRMAN STRAIN: As long as everybody doesn't mind, I
think we ought to give it a try. And then ifit turns out it doesn't
work, we can always revert back,
So Ray, could you kind of get that in the works with Sharon?
MR. BELLOWS: Definitely. I don't see a problem with that.
And Melissajust reminded me, I believe the on-line version
would be the same as the print-out version, so it shouldn't be too
drastically different.
COMMISSIONER MURRAY: So they use the standard one
inch --
MR. BELLOWS: It should be about the same.
COMMISSIONER MURRAY: -- and one inch?
MR. BELLOWS: I can't imagine it --
COMMISSIONER MURRAY: That's fine.
MR. BELLOWS: -- would be too different.
Page 13
F ebrur61{ 2jOS i;
COMMISSIONER MURRAY: Okay.
CHAIRMAN STRAIN: Okay. And the next part of my
chairman's report or request is a research issue that, Mr. Murray, if
this first one was a little uncomfortable, this next one might be, too,
I was looking at different readers. I'm constantly trying to find
a way to make my research efforts easier. And they have excellent
readers out now, Sony makes one called an E-Reader. There's
another one coming out, I'm not sure how good it is, it's called a
Kindle, But they're book readers or document readers.
We in our packages receive piles of paperwork. And I'm not
suggesting that this commission decide on this today, but I'm putting
it out as a thought and maybe further research. And maybe the
productivity committee is the committee that would look at this for
us.
Ifwe were to be issued some form of electronic reader of some
type, subject to research, which is the best for all of our agenda
items, one that could be annotated, one that we could enter comments
in, it would be an editable version, not one that would change the text
given to us but allow us to make notes on the text, just as if we were
writing it, and we converted this commission over to full electronics,
and that way we get everything downloaded to it from the county, it
goes back to the county, it stays in permanent record forever in the
county's data base, none of us have got to worry about keeping it,
turning it back in, throwing it out, whatever we do with them, and
we've got that permanent record and we're safe and secure forever.
I'm not telling everybody this is a suggestion to do. I'm asking
if you would mind if! were to possibly ask the productivity
committee or whoever would look at such things to do an unbiased
research and see ifthere's something out there that might work as an
electronic format for this community to use instead of these packages
of paperwork we get every meeting.
Again as a savings, Because as you calculate this out, if you
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Februal6J2lJl8 A
were to spend -- on one of these readers it cost 300 bucks. And say
you put a couple hundred more into whatever you wanted to to make
it as best it needed to be for this committee. Times nine is $4,500.
That's a one-time purchase that would cover whoever's on this
committee until the machine broke. Now, that's a heck of a lot less
than just the copying of the transcribed minutes that we had which
were $16,000.
So again, if you multiply that over the full effect of the
paperwork this committee has to see and ends up stacking up in the
back room in a basket or turning back in to staff, it could save a lot of
trees, a lot of office suppl ies, a lot of staff time,
And then I like the key, it stays electronically kept in the county
record. So there's no more any question as to how these records are
kept, they're all right there,
I'd just like to pursue it. And if you all don't mind, I'd like to
have someone look at it.
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I think that's a good idea.
And if we choose to go ahead, maybe we can get one, and then -- say
you get one and you show us how it works and see how comfortable
we can get with it before we go ahead with everyone.
CHAIRMAN STRAIN: As an experiment? Anything we can
do to try to make that move forward. If it doesn't work, fine, But if it
does work, the advantage to the taxpayers and to everything would
be tremendous, because it would set a way to do things electronically
in the future, And the records will be kept. I think -- and Mr.
Klatzkow, legally there's no problem keeping records like that, is
there?
MR. KLA TZKOW: Electronic storage? It's fine.
CHAIRMAN STRAIN: Okay. Well, if you all don't mind, I'd
like to -- and Ray, is this something that maybe I could ask the
productivity committee to look at for us, or do they have to be
Page 15
Februal0d2cj)8 A
directed by somebody else?
MR. BELLOWS: Good question, I can check with Mr. Schmitt
and get back to you.
CHAIRMAN STRAIN: Okay, if you wouldn't mind. As long
as there's no objection.
Mr. Midney?
COMMISSIONER MIDNEY: What is a reader?
CHAIRMAN STRAIN: It's like a computer screen. More ofa
book size. But the contrast is set up to read like you read a page of a
book. It's not -- hasn't got any sheen or glare to it and it's softer on
the eyes. So you read it like you read a book, except to change the
pages you touch -- you scroll the pages on the -- with a button on the
bottom.
COMMISSIONER MIDNEY: And what if you wanted to--
because right now I write on my paper things, you know, sometimes.
CHAIRMAN STRAIN: Well, there are programs out that allow
that to happen. I don't know if the reader is matched up to those or if
they need a different device.
That's kind of the part of the research effort that I'd like to see.
Because if there's something out there that gives us all that and it's
electronic, I think in the long run we'd all save and so would the
taxpayers. So just a thought.
Mr. Wolfley?
COMMISSIONER WOLFLEY: Are you referring to -- it's a
piece of hardware?
CHAIRMAN STRAIN: Yeah,
COMMISSIONER WOLFLEY: In other words, all right, it's
like we receive the LDC code book and then we'd also get that reader
and that kind of thing?
. MR. BELLOWS: Kind of like a large iphone,
COMMISSIONER WOLFLEY: Okay, I'm with you.
CHAIRMAN STRAIN: Yeah, but it's book size.
Page 16
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COMMISSIONER MURRAY: How would you deal with
updates that come at you? Would that be software that would be shot
at you by both the petitioner and the staff?
CHAIRMAN STRAIN: Well, first of all, everything should
come from staff and through our county site. And if that's the way it
was tied in back to the county site, then anything that comes in will
come through the county site to us. So it stays on the county site, it
stays in the reader. There will be capacities I'm sure in these readers
-- I know there are, from fact.
And at some point I'm sure that we'd either have to exchange
flash drives or download to a server somewhere and we could
probably do it at a meeting like this by sticking them in one of the
computers to clean them out and then refresh them with new data,
I'm not sure on all those details. But I think it's worth the
research and to see over time how much money it would save the
local government, so --
COMMISSIONER MURRAY: Sounds like an interesting idea.
CHAIRMAN STRAIN: Anyway, if there's no objection, I'll--
COMMISSIONER MURRAY: If they do eye transplants, it
will be good,
CHAIRMAN STRAIN: Yeah, bionic memory in the brain,
huh? That would be the next thing.
Well, thank you all. That is the last item I have.
Item #8A
PETITION: PUDZ-2007-AT-12248
And now we'll go into the consent agenda items, We'll vote on
them individually.
The first one is Petition PUDZ-2007-AR-12248, and it's the
Sabal Palm development. Napoli Village, This was that elderly care
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FebruaJ fl ~Js A
facility we met on last week. It's on the consent agenda item, There
were some changes we recommended.
Is there any concerns on the part of planning commission
members on what was presented?
(No response.)
CHAIRMAN STRAIN: Ifnone, is there a motion to approve
that item on the consent agenda?
COMMISSIONER ADELSTEIN: So moved.
COMMISSIONER VIGLIOTTI: So moved.
CHAIRMAN STRAIN: Motion made by Commissioner
Adelstein, seconded by Commissioner Vigliotti.
All in favor, signifY by saying aye.
MR. MURRAY: Aye.
COMMISSIONER KOLFLA T: Aye,
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye,
MR. WOLFLEY: Aye.
COMMISSIONER CARON: Aye,
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response,)
CHAIRMAN STRAIN: No opposed.
Item #8B
PETITION: PUDZ-2006-AR-10171
Next one is Petition PUDZ-2006-AR-l 0171, Eastbourne Bonita,
LLC. Otherwise known as the Brandon RPUD.
Same situation, we supplied some stipulations to staff. They
incorporated them into a document. The document was provided to
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FebruaJ:D,lods A
us. Are there any concerns or questions on the document?
(No response,)
CHAIRMAN STRAIN: Hearing none, is there a
recommendation to approve?
COMMISSIONER VIGLIOTTI: (Indicating.)
CHAIRMAN STRAIN: Mr. Vigliotti, is that a recommendation
to approve?
COMMISSIONER VIGLIOTTI: Yes.
COMMISSIONER ADELSTEIN: (Indicating.)
CHAIRMAN STRAIN: Mr. Adelstein, is that a second?
COMMISSIONER ADELSTEIN: Yes.
CHAIRMAN STRAIN: All those in favor, sig --
COMMISSIONER MIDNEY: I have a question,
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER MIDNEY: What we're approving is the--
what we got, that reflects what was voted on.
CHAIRMAN STRAIN: Yes.
COMMISSIONER MIDNEY: But that doesn't mean that you
approve the development, right?
CHAIRMAN STRAIN: No, it just means that it reflects what
we voted on,
COMMISSIONER MIDNEY: Okay.
CHAIRMAN STRAIN: So you vote against the development
still stays, but at least we're reflecting that those of us that were here,
the staff version of what was rewritten was properly written.
COMMISSIONER MIDNEY: I see.
CHAIRMAN STRAIN: All those in favor, signifY by saying
aye,
MR. MURRAY: Aye,
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye,
Page 19
February~1?2lol
~
f~
MR. WOLFLEY: Aye,
COMMISSIONER CARON: Aye,
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries.
Item #9 A
PETITION: V A-2007-AR-12629
With that, we'll move on to the advertised public hearings. The
first petition is V A-2007-AR-12629, the Sara De La Rosa variance of
2,3 feet. It's at 1201 Camelia Avenue in Immokalee.
All those wishing to participate in this petition, please rise to be
sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Are there any disclosures on the part of
the planning commission?
Mr. Midney?
COMMISSIONER MIDNEY: The petitioner is a former
co-worker and her sister is a worker that I co-worker right now, and I
spoke with the sister about it yesterday,
CHAIRMAN STRAIN: Okay. Thank you, sir.
Hearing none others, we will move forward with the
presentation by the applicant.
H. ,
1, ma am.
MS, De La ROSA: My name is -- I apologize for my voice
today -- Sara De La Rosa from Immokalee, and I'm here to -- in
regards to a variance on a home that I am building in Immokalee of
which I'm on a setback due to a mismeasuring of the foundation,
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which caused it to be approximately 2.3 feet shorter than what it
should have been at 30 feet.
CHAIRMAN STRAIN: Okay. There's a packet of information
was provided to the planning commissioners.
Are there any questions of the applicant?
Mr. Kolflat?
COMMISSIONER KOLFLA T: I don't know if this question is
to the applicant or to the board. Why was this handled as a
full-blown variance hearing, rather than an administrative variance.
Because there's a difference between 4,000 and $1,000 to run it
through,
MR. MOSS: Yeah, the LDC only permits administrative
variances if it's a minor -- I think it's five percent of what --
CHAIRMAN STRAIN: Six inches, I think, isn't it?
MR. MOSS: Or less than six inches.
So hers exceeded that limit. So that's why it wasn't able to be
done administrative Iy.
COMMISSIONER KOLFLA T: I thought it was a certain
percentage of the setback,
MR. MOSS: That's right. Is it five percent?
CHAIRMAN STRAIN: Not to exceed six --
MR. MOSS: Not to exceed six inches, And this one obviously
exceeded six inches.
CHAIRMAN STRAIN: The percentage you may be referring
to, Mr. Kolflat, is one where it can go up to 25 percent, if it's due to
an error on the part of staff, or contributed to by an error on the part
of staff.
COMMISSIONER KOLFLA T: That's--
CHAIRMAN STRAIN: In this particular case, staff didn't make
an error.
COMMISSIONER KOLFLA T: That's the qualification then.
CHAIRMAN STRAIN: Yes, sir.
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Februro2;, fOS A
COMMISSIONER KOLFLA T: I remembered the 25 percent,
and that's what I was concerned about. Thank you.
CHAIRMAN STRAIN: Mr. Wolfley?
COMMISSIONER WOLFLEY: I have a question ofthe
applicant.
What is the width of the house, starting from 11 th to the house
next door? What is the width of the house that direction? Do you
have that figure? I didn't see it here and I couldn't--
MS, De La ROSA: I believe it's here.
COMMISSIONER WOLFLEY: Well, I'm not too good on my
tangents and cotangents anymore, so I couldn't calculate the legs,
MS. De La ROSA: It was supposed -- what was supposed to
have been left, if! can clearly recall, was 7.5, and I think we left a
little over eight feet.
COMMISSIONER WOLFLEY: I guess my question would be,
it looks as if you would have made your 30-foot setback it would
have been encroaching on the seven and a half, Is that -- I just want
to check my calculations on that.
CHAIRMAN STRAIN: No.
COMMISSIONER ADELSTEIN: No.
COMMISSIONER WOLFLEY: No.
CHAIRMAN STRAIN: No, I'm looking at it. First of all, out of
that 100-foot width of the lot, she'd have 65 feet remaining with the
two standard setbacks taken out. So the house would be about 65
feet.
COMMISSIONER WOLFLEY: Well, I came up with 62,85,
but my math might be a little off.
CHAIRMAN STRAIN: But see, she has an excess on the side
that she's talking about, so--
MS. De La ROSA: Right.
COMMISSIONER WOLFLEY: Gotcha.
I have one more, I had some, and I wasn't able to make it out,
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FebruaJ.y81/2tOS A
but I had someone take some pictures and they weren't able to come
here today. But your other neighbors next door are even closer than
MS. De La ROSA: Yes, they are. Yes, they are. That was my
thought also in the beginning.
I don't know if there was -- if their homes might have been built
before, there might have been some changes as far as the codes or
what. But my house as it is right now, it still stands further in than
some of them do,
COMMISSIONER WOLFLEY: Yeah, exactly. And that's
what I heard.
Now, the other thing is did the contractor take any responsibility
for --
MS. De La ROSA: Well, we're homeowner.
COMMISSIONER WOLFLEY: Owner/builder?
MS. De La ROSA: We're building, And we just hired a
contractor, And obviously --
COMMISSIONER WOLFLEY: They mismeasured,
MS, De La ROSA: Right.
COMMISSIONER WOLFLEY: Happens all the time.
Well, I'm certainly in empathy for you.
That's all.
MS, De La ROSA: Thank you,
CHAIRMAN STRAIN: Thank you.
Your home is really in this problem because you're on a corner
lot with two fronts,
MS. De La ROSA: Right.
CHAIRMAN STRAIN: Because anybody else would have had
two sides, which means instead of a 30-foot setback you would have
7,5 feet and you could have had plenty of room to build a bigger
home.
MS, De La ROSA: Right.
Page 23
Februat&fTS '
CHAIRMAN STRAIN: I understand.
Okay, any other questions?
Mr. Kolflat?
COMMISSIONER KOLFLAT: Ifthis has two front yards,
aren't the other two remaining yards then side yards rather than a year
yard?
CHAIRMAN STRAIN: I believe so, yes, sir.
COMMISSIONER KOLFLAT: So both of the other yards were
side yards.
CHAIRMAN STRAIN: Right.
COMMISSIONER MURRAY: Correct.
CHAIRMAN STRAIN: They didn't take full advantage of the
side yard access in the rear. It looks like they kept a -- well, they have
46 feet in the rear, they could actually have gone to a much lesser
dimension in the rear if they had wanted.
MS, De La ROSA: Right. Exactly.
CHAIRMAN STRAIN: Any other questions?
COMMISSIONER MURRAY: I have.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I have a question on that
picture that we're looking at right now.
Is that an illusion, or does that wall have an arc to it?
COMMISSIONER WOLFLEY: I hope it's an illusion.
COMMISSIONER MURRAY: I hope it's an illusion. Because
either that or you may --
COMMISSIONER WOLFLEY: The rest of the world's
crooked I think.
COMMISSIONER CARON: That is very strange.
COMMISSIONER MURRAY: Did you hire or get anybody
else to take a look at what's being built there to verifY that -- you
know, I guess you got a little unsure.
MS, DE LA ROSA: Right. Well, we got somebody else to go
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F ebruat t1 ,J2<J!8 A
and check things out, and apparently this was the only thing that they
also found as far as, you know, the wrong -- what they did is they
failed to do the spot survey at the time of the foundation.
COMMISSIONER MURRAY: I appreciate that. But that
picture really does --
MR. MOSS: Mr. Murray, if I may, I'm the one who took the
picture. The reason it looks that way is because it's the facade of the
house in the rear. I took that picture to illustrate how that one
exceeded its setbacks as well, and I think that that's why it looks like
there's a bow in the wall of Mrs. De La Rosa's house. It's straight.
COMMISSIONER MURRAY: Okay.
CHAIRMAN STRAIN: Any other questions?
COMMISSIONER CARON: I don't --
CHAIRMAN STRAIN: Yes, Ms. Caron?
COMMISSIONER CARON: I don't have a question, I just
have a comment to make,
The -- once again, it seems that spot surveys are catching
problems too late. And we're always at the oh, woe is me tie beam
stage when we finally get to these things.
And I want to know what we could possibly do about that.
CHAIRMAN STRAIN: You have an echo to your voice,
COMMISSIONER CARON: I do.
COMMISSIONER MURRAY: She's resonating,
CHAIRMAN STRAIN: I think the question was directed, Ray,
probably more to you as a department head than anything else.
MR. BELLOWS: Well, we've struggled with this for a long
time with the information presented on the building permit
application.
And maybe J.D. can provide a little history of what happened
with the permitting with this. I'm not sure,
But if the information is deemed correct when the permits are
taken in, then it's up to the -- it's tie beam inspection to determine if
Page 25
Februffl11 ~08 A
there is an error or not.
CHAIRMAN STRAIN: Well, you had a slab inspection that
showed the error; is that correct?
MS. De La ROSA: Yeah, we had the spot survey that showed
the error.
Apparently, according to everything else, the other inspections
that the been done as far as the slab and the walls, everything had
passed. But then when it got to the tie beam, that whoever was going
to come inspect the tie beam was the one who saw that there had
never been a spot survey done, of which I wasn't aware of myself.
CHAIRMAN STRAIN: Oh, so what happened is they got past
the slab survey inspection without having a slab survey, And they
went on and got the rest of their inspections. It wasn't caught till the
subsequent --
MS. De La ROSA: Right.
CHAIRMAN STRAIN: -- later inspection picked it up.
So that is a problem with your building department.
COMMISSIONER CARON: That's a problem.
CHAIRMAN STRAIN: Yeah.
MR. BELLOWS: Yeah.
COMMISSIONER CARON: And we keep running into it and
we keep bringing it up and keep asking for corrections to be made.
Because as Mr. Wolfley noted as well, you know, the
contractors should be taking responsibility for these things, not the
homeowner who is relying on these contractors.
MR. BELLOWS: Those are all good points and I'll discuss that
with Mr. Schmitt and with the building department director and we'll
see if previous direction or discussion on this item, what resulted of
that, and I can respond back to you.
COMMISSIONER CARON: Report back. Thanks.
CHAIRMAN STRAIN: I would like you to check on one thing,
Ray. I know that because I'm involved with some construction
Page 26
Febl'ti' fI1200A
aspects of different projects, when you get a -- if you don't get a slab
inspection, I didn't think you could call for another inspection till they
signed off the slab inspection in the computer.
And the girls over there are pretty diligent in the way they
monitor that -- I shouldn't say girls, ladies or men or whoever are
doing it.
But if you could check and see if such a stopgap measure is in
place, because I thought they weren't supposed to go to a next
inspection until the slab survey got signed off. So I'm a little
surprised ifthat's true.
Go ahead, Mr. Wolfley,
COMMISSIONER WOLFLEY: Well, formerly being in the
concrete industry some 20 years ago, I found that all they do is check
for the steel. They check to see if they're tied properly and so on and
so forth, and they rarely do any measuring.
CHAIRMAN STRAIN: Oh, yeah, that's an inspection, But see,
now -- you're talking about the old days and I know those, too.
Now when you get a slab poured, you've got to have your
surveyor come out and actually pin the corners and then show that in
what's called a slab survey to the building department. And once that
slab survey is approved in response to the way the building permit
was issued, they're then supposed to go ahead and go forward with
the rest of the inspections,
I thought there was a pause between when the inspections
resumed after the finalization of an approved slab survey, but there
may not be, And maybe that's something that could be looked at to
stop buildings going too far before the slab survey is proven to be
right or wrong.
COMMISSIONER WOLFLEY: Is that -- I have one more
question.
CHAIRMAN STRAIN: Go ahead, Mr. Wolfley.
COMMISSIONER WOLFLEY: Has your home been sitting
Page 27
Feb~Jl,loo&4
there since July just as is?
MS. De La ROSA: Yes, it has.
COMMISSIONER WOLFLEY: Well, that's just a pity. I
mean, it's obvious that the home is an improvement to the area.
MS. De La ROSA: Yes, it is.
COMMISSIONER WOLFLEY: Just a pity.
MS. De La ROSA: I would hope so.
CHAIRMAN STRAIN: Ms. Caron, then Mr. Kolflat.
COMMISSIONER CARON: I'm done.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLA T: Yeah, relative to what you've
been talking about, I have a question also, Ray.
At what point in time does a variance become an after-the-fact
variance? You refer to in some of the petitions as an after-the- fact
variance, What is the fact involved that sets that off time-wise? Is
that the slab inspection, the spot surveyor what? When does the
terminology change?
MR. BELLOWS: Anything that's constructed and permitted
would be an after-the-fact. If they're proposing it without doing
construction, then it's before the fact.
COMMISSIONER KOLFLAT: So it's before any inspection?
MR. BELLOWS: Well, if they start construction, then it
becomes after the fact. No, you can't build and find you made a
mistake and not be charged an after-the-fact. If you come in prior to
construction and you know you're going to need a variance, that's a
before-the-fact variance. Anything that's constructed is after the fact.
COMMISSIONER KOLFLA T: I'm not sure I still understand
what's the time frame or what's the trigger, so to speak, that triggers it
to an after-the-fact variance.
MR. MOSS: Just construction, Ifany construction is begun,
then it suddenly becomes after the fact, if they seek a variance at that
point.
Page 28
Febrl611)00lj
COMMISSIONER KOLFLA T: Is construction starting to dig
the hole?
CHAIRMAN STRAIN : Well, it might be a filing of a notice of
commencement that's required before any -- from that point forward.
That's the signification legally that construction and vendors are
going to start working on the site. So maybe that's your key,
MR. BELLOWS: That's the way we normally apply it. If you
have a structure there, then it's after the fact.
CHAIRMAN STRAIN: Well, I think Mr. Kolflat's question,
though, is at what point is it a structure? When does that flag it?
When you clear the dirt, when you pour the foundation, when you
come in with a slab survey, when you file notice of commencement,
which is your legal start of construction?
Maybe you ought to -- and you're going to come back to us
anyway with this discussion on the slab, And Ray, if you could
answer that question as well.
MR. BELLOWS: Okay,
CHAIRMAN STRAIN: And maybe add that to the old items--
agenda item to March 6th. And that way we'll get your answers and
be able to put these questions to bed.
COMMISSIONER KOLFLAT: Thank you.
CHAIRMAN STRAIN: Thank you.
Anything else of the applicant?
(No response.)
CHAIRMAN STRAIN: Thank you, ma'am.
Now we'll have staffs presentation.
MS. De La ROSA: Thank you,
MR. MOSS: Good morning, Commissioners. John-David
Moss, Department of Zoning and Land Development Review.
The only thing that I wanted to add, and I hope that you
received these in your packets, was that Mrs. De La Rosa received
three letters of support from the adjacent neighbors, so they're all in
Page 29
Febru<V(jII2.10S A
favor of this variance.
And I'll be happy to answer any other questions you may have.
CHAIRMAN STRAIN: Any questions of staff?
(No response.)
CHAIRMAN STRAIN: Okay, thank you, sir.
Ray, are there any public speakers?
MR. BELLOWS: No one has registered.
CHAIRMAN STRAIN: With that, we'll close the public
hearing and we'll entertain a motion.
Mr. Midney?
COMMISSIONER MIDNEY: I would like to move that we
forward Petition V A-2007-AR-12629, Does this go to the BCC or are
we the final say on this?
MR. BELLOWS: BZA.
CHAIRMAN STRAIN: BZA, yeah.
COMMISSIONER ADELSTEIN: I'll second the motion.
COMMISSIONER MIDNEY: With a recommendation of
approval.
CHAIRMAN STRAIN: Motion's been made by Commissioner
Midney. Is there a second?
COMMISSIONER ADELSTEIN: Yeah,
CHAIRMAN STRAIN: Mr. Adelstein seconded the motion.
Any further discussion?
(No response,)
CHAIRMAN STRAIN: All those in favor of the motion,
signifY by saying aye,
MR. MURRAY: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
MR. WOLFLEY: Aye.
COMMISSIONER CARON: Aye.
Page 30
FebruaJ:6, ~018 A
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 8-0.
Thank you. We're all set. That takes care of it.
Okay, on -- well, number 10 is not supposed to be there so I'll
just cross it off. We already heard number 10, or discussed number
10,
Item #10
OLD BUSINESS
Old business, there's none listed.
Item #l1A
NEW BUSINESS
Under new business, we have one item. To consider CCPC
hearing dates for the 2008 AUIR to be scheduled as follows: October
22nd, Wednesday, and October 23rd, Thursday, from 8:30 to 5:00
p.m., and October 24th, 11:00 to 5:00 p.m,
Now, I know that's a long ways off, so I don't know if we have
any reason to object at this point.
The 23rd and the 24th are the -- and the 22nd, the -- our last
meeting in October, the first and third Thursdays would be the 2nd
and the 16th. So by these falling on that second to the last week of
October, we would actually avoid any conflicts with our meetings and
have a week inbetween them, which is kind of what we always aim
for.
Page 31
Febl~tlLooA
Does anybody have any problem with these dates at this point?
(No response.)
CHAIRMAN STRAIN: Okay. Well, Ray, it looks like those
are acceptable. And I would suggest, because of the size of the
meeting, because the productivity committee is in these meetings
with us, that we schedule these in a convenience to staff and saving
their time and productivity, to keep them scheduled over at the
Horseshoe Drive meeting room, unless somebody has an objection,
Okay, thank you, sir.
Anything else?
(No response.)
Item #12
PUBLIC COMMENT
CHAIRMAN STRAIN: Hearing nothing, there's -- public
comment, there's nobody left,
And now is there a motion to adjourn?
COMMISSIONER ADELSTEIN: So moved.
COMMISSIONER VIGLIOTTI: Second.
CHAIRMAN STRAIN: Made by Commissioner Adelstein,
seconded by Commissioner Vigliotti. All in favor?
MR. MURRAY: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
MR. WOLFLEY: Aye,
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Motion carries. We are adjourned.
Page 32
Februatl6, 11.8 A
Thank you,
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 9:07 a.m.
COLLIER COUNTY
PLANNING COMMISSION
ifJleul P ~
Marl{ Strain, Chairman
These minutes approved by the board on L/ - 2 - 08
as presented V or as corrected .
Transcript prepared on behalf of Gregory Reporting Service, Inc" by
Cherie' R. Nottingham.
Page 33
Ma~2~~ED
'10" ~~ TRANSCRIPT OF TIffi MEETING OF TIffi 1 t;lP{ 11 ~
~:~~ing' AI:' COLLIER COUNTY PLANNING COMMISSIONBoardofcounlyComm~oners
2 \-G
Coyle . \.7 ~ ~' . Naples, Florida March 6, 2008
Coletl<'l_ -
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:
CHAIRMAN: Mark Strain
Lindy Adelstein
Donna Reed-Caron
Tor Kolflat
Paul Midney
Bob Murray
Brad Schiffer
Robert Vigliotti
David J . Wolfley
ALSO PRESENT:
Jeffrey Klatzkow, Chief Asst. County Attorney
Joseph Schmitt, CDES Administrator
Kay Deselem, Principal Planner, Zoning & Land Development
~'~iSC. Garres:
Page 1
Date:
item lI:lLaI I A '5
,I":. to:
Ja~kloo&4
CHAIRMAN STRAIN: Good morning, everyone, Welcome to
the March 6th meeting of the Collier County Planning Commission.
If you'll all please rise for a pledge of allegiance,
(Pledge of Allegiance was recited in unison.)
Item #2
ROLL CALL BY SECRETARY
CHAIRMAN STRAIN: Okay, will the secretary 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 is absent. 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 Mr. Wolfley?
COMMISSIONER WOLFLEY: Here.
CHAIRMAN STRAIN: Okay, addenda to the agenda. Are there
any changes needed for today's agenda?
(No response.)
Page 2
Marl ~Jo~ A
Item #4
PLANNING COMMISSION ABSENCES
CHAIRMAN STRAIN: Okay, hearing that, we'll move forward,
Planning Commission absences, Our next scheduled meeting is
the GMP Meeting on the 17th in this room at 8:30.
Is everybody -- does anybody know they're not going to be here
for that?
(No response.)
CHAIRMAN STRAIN: While we're on this -- I was going to
bring it up under chairman's report, but I think we can bring it up here
just as easily, And that's an issue involving the county attorney's
office, as well as the consensus from this board.
The GMP Amendments that you've all received in a rather large
book, an over-stuffed book, included a lot of different petitions in
different parts of the county. And I've gone through very lightly to try
to understand what we're dealing with,
And there's three of them there that I want to ask the county
attorney if we could modifY the agenda and the time frames. And I
know that this has been or will be advertised for March 17th, I have no
problem with that. And I think we certainly should have the meeting
that day and start in the morning at 9:00,
But what I'd like to suggest -- and first I'll tell you everything I'm
going to do, Jeff, and you can then tell me if it's legally doable. And
then if it is, I'd like the consensus from the commission that it's yea or
nay,
The first item that was scheduled for the 17th is an amendment
to the Immokalee Area Master Plan, It involves a million square feet
of leasable industrial space or commercial space out in Immokalee,
Now, that's a big issue for Immokalee. And we have many times
said that if we get an issue of any substance or controversy, we'd want
Page 3
~~, 100sA
to schedule the meeting in Immokalee so that people out there can be
here. Especially now knowing that this has been going through an
Immokalee master plan amendment, not only for this item, but they're
actually rewriting their master plan, so -- and it's a big issue for
working people out there.
I would suggest that we look to reschedule that Immokalee
meeting to a night -- that Immokalee item to a night in Immokalee
sometime after the 17th. So at the 17th meeting we could continue
Item A. And let me -- when I finish, I've got two others I want to
mention.
Item Band C are Golden Gate Estates. That's another working
area of Collier County. To have the working people fully participate,
it's difficult if you schedule everything in the daytime.
I would again like to suggest that we hold a second evening
meeting in which those two items are discussed, So on the 17th we
would start with Item D and work through the agenda. But Item A
would be on one night in Immokalee and Item Band C would be
another night here.
Now, first Mr. Klatzkow, is that something we can legally
entertain?
MR. KLATZKOW: Yes.
CHAIRMAN STRAIN: Good,
Comments from the Planning Commission on those issues?
COMMISSIONER SCHIFFER: It's good.
CHAIRMAN STRAIN: You like it? Anybody have any
objection to it?
COMMISSIONER VIGLIOTTI: No, I think it's fine, but I just
want to go over it. The 17th we're going to start with Item D?
CHAIRMAN STRAIN: Well, that's what I'm suggesting. I'm
going to ask for a vote before this -- the one we've been discussing.
Yes, we'd start with Item D and between now and whenever Mr.
Schmitt could get back to us, we'd pick nights -- we'd set up a meeting
Page 4
MtB J, 100s A
in lmmokalee for Item A. It doesn't -- you know, whatever night
works for the staff and for the convenience out there, and we set an
item for Band C in the time frame needed to make sure that the
Golden Gate ones are held in the evening in this room. Or -- well,
preferably this room, yes. It needs to be this room,
So Mr. Schmitt, if you could work on those scheduling items for
us, assuming that we want to do it.
Mr. Murray?
COMMISSIONER MURRAY: I have no problem in principle
with it. I just need to make sure we don't -- I mean, I have my plans,
like a lot of us do, set out for the evening for many things.
Do you have any idea of when you'd expect to do this?
CHAIRMAN STRAIN: No, We need a quorum, and so long as
five of us can show up and it's a transmittal, it's not just that we --
because it does have to come back through adoption.
I understand that we all -- and I too have things in the evening.
COMMISSIONER MURRAY: Sure.
CHAIRMAN STRAIN: I will change anything I have to
accommodate the Planning Commission, because that's the priority to
me. So in that regard, I'm open most every night, unless it's a medical
thing that I've got to attend with my wife or something. But other than
that, I'll be here every night.
Other than that, I don't know, Mr. Murray, we'll just have to take
that -- we'll play it by ear, we'll do the best to accommodate --
COMMISSIONER MURRAY: Like I said --
CHAIRMAN STRAIN: -- everybody's schedule.
COMMISSIONER MURRAY: -- I don't have a problem in
principle, I just want to be sure I can do what I have to do,
CHAIRMAN STRAIN: Okay, Well, I know you have a lot of
things going, and I understand that, so we'll do the best we can,
MR. SCHMITT: I could just offer, I -- first I've heard of this, of
course. And your second meeting is scheduled for March 28th, I'm
Page 5
MJc€>612Ios A
going to have to find a time in the evening. I don't know what days
this room is open. I'll have to find that out.
Plus the other issue with Immokalee, even finding a facility out
there to do the meeting we'll have to coordinate that with Immokalee.
But I don't think there's what I would call a facility out there that's --
that will accommodate this type of meeting I'm aware.
COMMISSIONER WOLFLEY: Ave Maria?
CHAIRMAN STRAIN: Well, before Mr. Wolfley, Ms, Caron
had a question -- Mr. Adelstein, then Mr. Wolfley.
Go ahead, Mr. Adelstein.
COMMISSIONER ADELSTEIN: Is there absolutely no reason
why we can't have that meeting here instead of from Immokalee?
CHAIRMAN STRAIN: Well, the Planning Commission's
ordinance that enacts us says that we can have -- we have the ability to
have meetings in Immokalee when the need arises.
COMMISSIONER ADELSTEIN: Do they have a place that --
CHAIRMAN STRAIN: Yes, they do,
COMMISSIONER ADELSTEIN: Okay.
CHAIRMAN STRAIN: We just got to find it. We have county
facilities out there.
This is not a new subject; we've agreed to do this before. It just
never materialized because an item of significance hasn't come up.
I think we need to go to the effort to accommodate that
community, and so I think it's important that we at least try. And you
know, even if we have -- there's ajail out there. I don't mind meeting
in the jail. We'll just meet there.
MR. KLATZKOW: Speak for yourself.
CHAIRMAN STRAIN: Wherever you can find, Mr. Schmitt, I
think we ought to look for it.
MR. SCHMITT: The only thing that comes to mind would be
the ago center. But that's not in Immokalee, you're at the edge of the
Estates for that.
Page 6
M}r61' fOS A
We'll look. I know there's another facility on, what is that, 29,
heading out ofImmokalee.
COMMISSIONER MURRAY: There's a nice--
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: There's a -- I can't remember the
name of it.
CHAIRMAN STRAIN: Mr. Wolfley, did you get yours?
COMMISSIONER MURRAY: I'm sorry,
CHAIRMAN STRAIN: Did you say your piece?
COMMISSIONER MURRAY: I'm sorry.
CHAIRMAN STRAIN: That's fine. Mr. Wolfley was supposed
to be next. That's okay, go ahead,
COMMISSIONER MURRAY: I just wanted to mention that I
can't remember the name of the place, unfortunately, but it's a center
that was built for the folks to -- they do their -- the city business, if
you will. They have -- I'm stumbling and fumbling and I apologize,
but I can see it. You're going down the main road, just before you get
to the Seminole, you turn up to the left and you go up to the next long
block and turn right and there's this lovely place, and it's got a big
open room in there. And it would be suitable, And I wish I could recall
the name,
MR. SCHMITT: Yeah, I have to find out. I have to find out if
there's a cost associated with -- the other option may be what Mr.
Wolfley said, is Ave Maria.
CHAIRMAN STRAIN: Did you have anything else you want to
add, Mr. VVolfley?
COMMISSIONER WOLFLEY: I think what he was talking
about was One Stop in Immokalee? The One Stop center?
MR, SCHMITT: Yeah.
CHAIRMAN STRAIN: Well, you know, wherever it is--
MR. SCHMITT: l'lllook --
CHAIRMAN STRAIN: -- Mr. Schmitt will do the best he can to
Page 7
rl6h16100A
find it. And that's where we ought to leave it.
I take it from the consensus of the Planning Commission that
that's a doable item?
Okay, what about moving Band C to an evening meeting? Does
everybody have any problems with that (sic)?
Okay. Joe, before we leave today's meeting, which will be, you
know, probably around noon, is there a way you could check with the
scheduling staff to see what evening meetings are available, so we
could at least get that one locked in today?
MR. SCHMITT: I'll send a note back to my staff to find out --
they need to coordinate. Certainly that has to be -- meet availability of
advertising, It's already been advertised,
CHAIRMAN STRAIN: Well, we'll just -- what we would do is
MR. SCHMITT: -- continue.
CHAIRMAN STRAIN: -- adjourn on the -- when we adjourn on
the 17th, we just officially then continue these two. But I wanted to
get a consensus now so that the public would know not to try to take
days off from work and show up when they're not going to be heard,
MR. SCHMITT: I understand. And I have to contact the
petitioners as well. So I've got --
CHAIRMAN STRAIN: Well, I mean--
MR. SCHMITT: And my other -- the crunch I have is Tuesday,
April 22nd is the day of the GMP Hearings to the board, So I've got
very little or small window to get these things scheduled in order to
get this through you, finalize our reports and get them to the board. So
it's -- I'll do what I can today.
CHAIRMAN STRAIN: Okay, The consensus is the board; we'd
like to do it. If you can find a way to do it, that would be most
appreciative.
So let's just leave it at that and before the meetings over today
we'll add it to the old business discussion to see what we've been able
Page 8
Mar~Q, toils A
to progress on.
That takes us past the Planning Commission absences.
Approval of minutes, there were none available at this time.
And as a side note to that, my last discussion with you all was
that we would try to post them somewhere where we could
electronically review them to save the cost of the collation and
printing,
I had e-mailed the county attorney an issue that came up and
trying to get that resolved and I didn't know that his e-mail has been
down until today, So I'll repeat the question I sent to you, Mr.
Klatzkow.
And that was, in talking with Sharon, she said well, you know,
your minutes are posted at the clerk's website. And I said no, I'm
talking about the minutes that we've not yet approved. She goes, no,
they're all posted,
I said, well, I don't think they legally should post the ones that
haven't been approved by this board.
And she said no, they post them immediately.
So before I went further with her and suggesting that we go to
that website then, I wanted to make sure that that scenario was even
the right procedure, Because until we say those minutes -- or
acknowledge those minutes on approval of the meeting, I didn't think
they were posted,
MR. KLATZKOW: I didn't think they were posted either. I'll
have to find out why we're doing it this way.
CHAIRMAN STRAIN: Would you then -- once you get that
answer, then we can figure out how to proceed with electronically
filing those pre-meetings in order for this board to review them so they
what I thought then could be posted. Thank you.
Page 9
Item #6
Malh~, YOi8 A
BCC REPORT - RECAPS - JANUARY 29,2008
BCC Recaps. I guess we have those here for our reading,
Does anybody have any questions or comments?
(No response.)
CHAIRMAN STRAIN: I guess we can read them ourselves and
that takes care of that.
Item #7
CHAIRMAN'S REPORT
Chairman's Report; I have two other items. I had talked to you
all about an electronic device. I can honestly tell you, I've made no
progress on that so far. So I will work on it. There have been other
things that have taken time,
Yes, Mr. Schmitt?
MR. SCHMITT: I think just of note, the LDC Amendments
that's on the second page, as you know, the amendment having to do
with the shoreline calculations for dock facilities, which was denied
by the Board of County Commissioners, there is an agenda item on
Tuesday's agenda requesting to have that item reheard. Just so you
know the tracking of that. And we'll deal with that. Whatever the
board decides, we'll deal with that accordingly,
CHAIRMAN STRAIN: Well, personally, that caught me by
surprise, because that went through this board without much of a
problem. I was surprised at the amount of people that showed up. I
wish that we had had the benefit of the discussion that occurred,
because I certainly hadn't realized there was such controversy over
this issue.
Page 10
'" 6 I 1
trarch 6,~00~
MR. SCHMITT: I certainly would have appreciated information
as well, because we would have been prepared to deal with it at the
hearing,
CHAIRMAN STRAIN: Okay. The other item I want to mention,
in talking with the staff who has to copy and distribute all of our
packages, I pick mine up at the county when it's available. And every
time I do, I keep getting these plastic see-through envelopes full of
folded up plans, which I just routinely throw out, because we have the
same plan in an I1-by-17 in the package.
I found out -- I just left them there and I said, Sharon, I just don't
need these, why don't you just stop printing them? She said that would
be a great savings if she could,
Not all of us need those. I know some of us do,
(At which time, Mr. Midney enters the boardroom,)
CHAIRMAN STRAIN: The 11 -- I have not found anything on
the Il-by-l7's that I couldn't -- that I needed a larger plan for.
So from my perspective, I absolutely don't need the big plans.
And I suggested to her I'd ask the commissioner's who actually
wants them; and then that would save -- because those plans are
expensive to print. Then staffs got to collate them and fold each one,
stuff it in a plastic envelope and then include it with our packet.
If we don't need them, then we don't need to have them printed.
So I'd like to ask from end to end who would like them, and we'll just
eliminate the ones that -- Mr. Wolfley, did you need them?
COMMISSIONER WOLFLEY: (Shakes head negatively.)
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: (Shakes head negatively,)
CHAIRMAN STRAIN: Mr. Murray, do you need them?
COMMISSIONER MURRAY: I cannot see the others,
CHAIRMAN STRAIN: Pardon me?
COMMISSIONER MURRAY: I cannot see the others.
CHAIRMAN STRAIN: I know. Then do you need the larger
Page 11
ones?
COMMISSIONER MURRAY: Yes, sir.
CHAIRMAN STRAIN: Mr. Adelstein?
COMMISSIONER ADELSTEIN: (Shakes head negatively,)
CHAIRMAN STRAIN: I don't.
Ms, Caron?
COMMISSIONER CARON: No,
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: Which plans are these? I'm sorry.
CHAIRMAN STRAIN: In your packet, you would have
received two large blueprints that are duplicated in a regular size sheet
of paper or Il-by-17 in the package. Do you need --
COMMISSIONER MIDNEY: No.
CHAIRMAN STRAIN: I don't need them either.
Mr. Schiffer?
COMMISSIONER SCHIFFER: I do, Mark. And the concern I
have is that there's a lot of written word in there that there's no way
you can read it on the small thing, so --
CHAIRMAN STRAIN: I've read every one of them, Brad.
COMMISSIONER SCHIFFER: You can read the little ones?
CHAIRMAN STRAIN: Yep, I certainly can. I read them out
loud to this -- but that's okay, I understand, everybody has different
issues. But I'm just trying to find out how many need -- Mr. Kolflat?
COMMISSIONER KOLFLA T: I want the large ones,
CHAIRMAN STRAIN: You want the large ones.
COMMISSIONER KOLFLAT: Yes.
CHAIRMAN STRAIN: Okay, Well, Kay, if you could let
Sharon know Mr. Murray, Mr. Schiffer, Mr. Kolflat all need large
plans, and the rest of us don't. So that will save --
MS, DESELEM: Thank you.
Marc162,ol
A
Page 12
Marc16 fo.t A
Item #8A
COCOHA TCHEE BAY PUD PROPOSED SETTLEMENT
AGREEMENT
CHAIRMAN STRAIN: Thank you,
With that, we will move into the consent agenda. And this
week's consent agenda package was thicker than normal. It was
because of the Bert Harris discussion that we've been going through
for previously three meetings was all summarized.
Also included in that electronically was the summary I had
reviewed with all of you at our last meeting. I tried to make the
changes as I understood them to be at our last meeting on that
summary .
I added the date on top, I believe that we didn't discuss. And I
added the last sentence suggesting -- telling the BCC that it was
submitted by the Planning Commission so that they were assured it
was from us and not from staff.
Now, I need to know if there's a recommendation for approval of
the consent agenda or any other comments.
Ms. Caron?
COMMISSIONER CARON: Yeah, Ijust -- I think I'd like to
add one other item to our summary,
CHAIRMAN STRAIN: Okay.
COMMISSIONER CARON: And just I think number 10, I think
we need to note for the BCC that the petitioner has changed the master
plan. It's in there as Exhibit A as changed, but I think it needs to be
noted that that was one of the things that we went over for that.
CHAIRMAN STRAIN: Let me look and see where you -- and
maybe there's a place to add it where we previously discussed it.
That's what I was just checking in here.
COMMISSIONER CARON: Well, I think it may fall here under
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March 1~0~81 A
CHAIRMAN STRAIN: Well, you know, 1-B says amended site
plan,
COMMISSIONER CARON: Right. But I think that doesn't tell
them what changed. And I think we should add a comment that just
tells them what changed.
CHAIRMAN STRAIN: Okay, I have no problem with it.
COMMISSIONER CARON: Not that we approve, but tell them
what changed,
CHAIRMAN STRAIN: Okay, But in order to make sure that I
don't do something that becomes controversial with this board, I
would like to know the very specific language that we're talking about
adding to that so that no one can say they disagree with it or they don't
agree with it. Let's just get it done, And I don't want to be the one
responsible for that, because as soon as I do it, someone's going to say,
oh, that's not what we meant.
So what specific language -- if you were to go 1-B and then put
a "i" after the "B", what specific language are we talking about?
Mr. Y ovanovich, you have something positive to contribute?
MR. YOV ANOVICH: Well, I think it's positive, Certainly we
don't mind --
CHAIRMAN STRAIN: I had to set you up for that.
MR. YOV ANOVICH: I know, For the record, Rich
Y ovanovich.
If you want to add that, because it does -- that's fine with us. But
I would like you to also add that we made that change because it's
consistent with our Corps and Water Management District's permits,
Those are the permitted lines for what the preservation area needs to
be, according to the Corps and Water Management District permits,
So if we could just -- I don't mind saying there's been a change,
but explain what the change was.
CHAIRMAN STRAIN: No, see, you're going beyond what I
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Marct ~ doJ A
think was the intent. Because if we have to delineate in a paragraph
every change to that master plan, we might as well sit down and
rewrite it, because I don't think that's the intent. I think it's simply
saying that the master plan that's been amended is changed from the
master plan that was previously provided.
MR. YOV ANOVICH: And I don't think saying to reflect the
approved Corps permits is adding too much to that. I think it leaves it
a little open-ended as if there may have been some ill intent if you
don't explain the little bit I would like to add.
COMMISSIONER CARON: You'll be there to explain it to
them.
CHAIRMAN STRAIN: Wait a minute, I'm going to write the
language up,
Okay, let me run this language by everybody. Under 1-B, it will
be an indented "i". Master plan as attached has been modified from the
master plan of the original PUD.
Does that meet everybody's--
COMMISSIONER MURRAY: No, I think Mr. Y ovanovich is
correct. If you can introduce that particular part of it, there has to be a
basis that you're saying. Because it sticks out like a sore thumb.
CHAIRMAN STRAIN: Well, no, wait a minute. Mr.
Y ovanovich is focusing on one piece of the master plan that is
changed, There may be other areas then. If we're going to highlight
one, we have to go back and reanalyze it and highlight them all.
COMMISSIONER MURRAY: Well, keep in mind that as a
consent agenda we're now modifYing it to highlight something, so it's
no longer really a consent.
CHAIRMAN STRAIN: No, I think we're restating 1-B so that
it's clear. It just says amended site plan, We're saying the master plan,
as attached, has been modified from the master plan of the original
PUD.
I mean, Mr. Murray, if you want it changed, what language
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March 6, 200S
would you suggest?
COMMISSIONER MURRAY: I would add based on the
requirements of the Southwest Florida Water Management District
boundaries,
CHAIRMAN STRAIN: Do you know that that is true?
COMMISSIONER MURRAY: No, but he is testifYing to it.
CHAIRMAN STRAIN: Okay. Anybody else see a need to
change the language I've suggested, or you want --
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: You mean in this report?
CHAIRMAN STRAIN: Well, Ms. Caron is suggesting under
I-B we add a little "i" that says, master plan as attached has been
modified from the master plan of the original PUD.
Mr. Murray wants the language further referencing permitting of
the South Florida Water Management District and I think the Corps of
Engineers.
I'm suggesting we leave it like this, Ms. Caron's suggesting we
leave it like this.
Does anybody else see the need to have it changed?
(No response,)
CHAIRMAN STRAIN: Then let's go on and we'll vote on the
entire consent agenda at one item.
So the language we're talking about as has been read into the
record. Is there any other suggested changes to any item in the consent
agenda?
COMMISSIONER SCHIFFER: Yes,
CHAIRMAN STRAIN: Go ahead,
COMMISSIONER SCHIFFER: Mark, and it's in number six. It's
the large paragraph almost towards the end. It's -- I'll read the whole
sentence, It says, however, as a result of the language in the PUD, the
CCPC recommended that reference to building separation be removed
Page 16
Mar~h~, ~J8 A
from the settlement agreement and the applicant should rely upon the
interpretation of the PUD.
What I'd like to do is strike the rest ofthat sentence which says,
with the understanding that the separations would not be less than
those shown on the SDP reviewed by the CCPC.
And the concern is that might give the impression that we
endorse the separations,
CHAIRMAN STRAIN: Well, no, I actually put that in there to
protect the fact that the SDP's we reviewed were locked in by that
sentence,
See, without that sentence, between now and the time it gets to
the BCC, based on the testimony by staff and the language here, they
could actually change the building dimension, That makes sure that
this was based on what we saw. That's why I was trying -- as a
minimum. I didn't --
COMMISSIONER SCHIFFER: But then why when I read it I
get the impression that this board is okay with that from that sentence?
Is that an incorrect impression, do you think?
CHAIRMAN STRAIN: Well, I just -- I think the board is
acknowledging that they read an SDP, that the SDP had certain
dimensions, and that we don't want that SDP to change. If it changes,
it should come back to us, because it's -- then our recommendations
for language changes become irrelevant.
COMMISSIONER SCHIFFER: And see, that kind of proves my
-- we don't want it to change. There are some of us on the board that
don't want it the way it's shown. And therefore, that sentence gives the
illusion, as you even just worded it, that it's okay the way it is, And
that was something we were careful not to endorse the SDP.
CHAIRMAN STRAIN: You're missing the point of the
sentence. But maybe it needs to be clarified.
The point of the sentence is, if the SDP changes then our
recommendations don't hold true. I don't care if it changes to it's 1,000
Page 1 7
I ~~J 6, 1\os
feet between buildings or 10 feet between buildings, If it changes from
what was presented to us, then our recommendations are null and
void. That was the intent of putting that there,
And if you got a better of doing it, then --
COMMISSIONER SCHIFFER: Well, I mean, look -- you know,
again, some of us don't think that the separation is being properly read.
What you just said is if they make the separations as per what we
think the PUD says, that that would throw this thing null and void.
And that would be a disaster.
CHAIRMAN STRAIN: No, it's not what I'm saying, Brad.
COMMISSIONER SCHIFFER: You said ifthey made it 1,000
feet. That's greater than 120 feet.
CHAIRMAN STRAIN: No, you missed the point. What I'm
trying to say is if they changed the SDP, then our recommendations
are null and void.
Our recommendations were based on the SDP's that were
presented to us. If they modifY those SDP's, I don't care if they modifY
them to our benefit -- to your benefit, I should say, or against your
benefit, they change them, then our recommendations are null and
void,
The purpose -- point is we reviewed and we made
recommendations based on those SDP's, and I'm suggesting that we
have to lock them in, that they're not going to change, And that's all
I'm trying to say.
COMMISSIONER SCHIFFER: But then what we're saying is
by what you said, and tell me ifI'm wrong, you're saying that we
endorse the SDP's, we accepted the separation between those
buildings as shown in those SDP's, And I don't think we did that. We
were careful to get ourselves away from the SDP approval.
CHAIRMAN STRAIN: I honestly don't know how to make this
any clearer, and maybe it's me.
What I'm saying is we made these recommendations to the Bertr
Page IS
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March 6, 200S
Harris argument based on the SDP's we reviewed as we reviewed
them. That's all I was trying to say,
COMMISSIONER SCHIFFER: Okay. So that meant that this
board accepted the separation between those buildings as a proper
separation?
CHAIRMAN STRAIN: I'm saying that we made
recommendations to the Board of County Commissioners based on
our review ofthe SDP and the language in the Bert Harris claim and
the language in the PUD and the coordinating of those two documents,
This is our result.
Whether you want it to be 1,000 feet, 200 feet, 100 feet or 10
feet, I don't care, I care about one thing, that we don't get a different
SDP that goes to the Board of County Commissioners and they're
thinking that we accepted that. That's what I worry about. And that's
all I was trying to do here was cover that base,
Now, if you have a better way of doing it, tell me.
COMMISSIONER SCHIFFER: Well, yeah, I thought the
striking the rest of that sentence would remove the illusion that we
think it's okay.
But the point is, Mark, that we really, I thought, in our hearing
we removed from this board the acceptance of the SDP, What you're
saying now is that we in fact are locking in the SDP, which is
essentially the acceptance of the SDP.
CHAIRMAN STRAIN: No, I'm saying that, again it says, with
the understanding that the separations would not be less than those
shown on the SDP's,
Our review was based on our review of all the documentation,
including the SDP's. If they had produced a lesser separation, we may
have had a different review, They produced a certain separation that
we based all of our review on.
I'm not saying that everybody agreed on it and I'm not saying
that that was the review that you were citing, In fact, I did all this to
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March 6, 2008
accommodate you, and you're the only one that's been objecting to it.
COMMISSIONER SCHIFFER: I'm not objecting to it, I just
want to be careful with it.
The -- but one statement you said that scared me. So if they
actually in the review of the SDP, which we know is not final yet, they
actually really looked at that issue and decided to make the buildings
the proper 200 feet separation, that you would say that would throw
our work -- would they have to come back before us to do that?
CHAIRMAN STRAIN: I think any change to those SDP's -- and
if the commission wants our opinion on those SDP's that are more
intrusive than what we reviewed, then we need to see it.
Go ahead, Mr. Murray.
COMMISSIONER MURRAY: The SDP's, as I recall, weren't
even complete as reviewed, We hadn't even gotten to that point.
However, could we not just put a date on them or put some kind
of an identification to allow us to fix that point that you're attempting
to relate, rather than -- because I do agree with Brad that we really
didn't -- couldn't review the SDP's; they hadn't been yet finalized, to
my understanding of it.
I don't disagree with your attempt, but perhaps a common
ground would be the SDP's identified as X, Y and Z and that fixes
them.
CHAIRMAN STRAIN: Well, it doesn't change his argument.
COMMISSIONER MURRAY: I'm not saying that I agree with
his argument completely or your argument completely. I'm trying to
find some common ground that we can work with.
COMMISSIONER SCHIFFER: Well, let me ask a question,
Mark. Would the commissioners rely upon our review that everything
represented in the SDP is acceptable to this board and shows proper
interpretation of the PUD?
CHAIRMAN STRAIN: I don't think we attempted to--
COMMISSIONER SCHIFFER: Yes or no.
Page 20
Mar~Q, lo~ A
CHAIRMAN STRAIN: -- do that. I mean, I don't think we
attempted to do that. I think we reviewed everything and decided with
our discussion if it was logically -- the settlement agreement was
logically interpreted based on the PUD and the LDC. I don't know if
we went in the direction you just suggested.
COMMISSIONER SCHIFFER: Okay, So the commissioners,
when they're looking at this, shouldn't rely upon our review as that
fact that the SDP represent a proper development or a development
that matches the PUD,
CHAIRMAN STRAIN: I don't understand what you're asking.
COMMISSIONER SCHIFFER: Well, I mean, we had a lot of
conversation, Joe Schmitt was in it. Because I think what the staff
wanted us to do was sign off on the SDP's. We didn't sign off on the
SDP's did we?
CHAIRMAN STRAIN: I don't believe we signed off on the final
SDP's because they couldn't be finalized until the settlement
agreement terms are finalized and they know then what they got to
design to,
They proposed a concept in the SDP that was 90 percent there,
subject to finalization of this document. And when these documents
are finalized, I'm assuming their final submittal then would be
approved subject to the terms of the settlement agreement.
And Mr. Schmitt, am I right or wrong or --
MR. SCHMITT: Based on the way this has progressed, that's the
position we're in right now, that the settlement agreement is finalized.
I will then wait for a re-submittal which we expect will be
forthcoming from the applicant. We'll get the re-submittal of the three
separate SDP packets. We will review those based on the
strike-through and underlined PUD that is modeled after the
settlement agreement. That review will be connected,
And basically our intent is then to report to the Board of County
Commissioners that hopefully at that time that the SDP's will be
Page 21
Marl1(j, ~'8 A
deemed compliant with both the LDC and the settlement agreement.
Now, if this board wants those to come back, you need to so
advise. But right now we have a settlement agreement, we have a
strike-through and underlined PUD, I'm waiting for the re-submittal,
we'll go through the plans, and I'll deal with them accordingly based
on those reviews.
COMMISSIONER SCHIFFER: And Mark, let me ask.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER SCHIFFER: Joe, if a commissioner asked
you a question did the Planning Commission, okay these separations
between the buildings, what would your answer be?
MR. SCHMITT: Well, based on -- when you say okay the
separation, my answer would be the separation between the buildings
was never an issue that was discussed as part of the settlement
agreement. And I don't think it was an issue that was brought before
this board.
Now, it could have been inclusive in the direction that you got
from the Board of County Commissioners, because the commissioners
were asking, is everything that is involved in this settlement
agreement in compliance with the LDC.
I thought this board ruled based on the language both in the PUD
and in the language in the LDC that there was not much that could be
done other than acknowledge that they invoked the rule number three
and that the criteria in rule number three allowed for those building
separations.
Now, I don't have any other way to tell that to the board. I would
say, I guess to answer your question in simple terms, by affirmation,
yes, I would say that this board approved --
COMMISSIONER SCHIFFER: That's the problem,
MR. SCHMITT: -- the design. I don't think we have any power
to deny it.
And we've been through this when we talked about the
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March 6, 2008
application of that rule. And --
COMMISSIONER SCHIFFER: And Joe, the reason we
discussed it was that they requested in the original -- one of the drafts,
it's a strike-through -- that it be reduced.
MR. SCHMITT: Yes.
COMMISSIONER SCHIFFER: In other words, they want to
lock in 100 feet, when it's essentially because of the height of the
building, 200 feet.
So we had that taken out, because we did not want to give
approval of a reduced setback.
And then it was totally up to the administration of the staff, your
professional staff, to make a judgment on those things,
MR. SCHMITT: Yes. And we did. And basically --
COMMISSIONER SCHIFFER: And the thing I didn't want to
have happen and it sounds like it might have happened, is I didn't want
the Planning Commission to endorse that judgment. That's your staffs
judgment. And I don't want anybody rely -- I don't think anybody
should rely -- I mean, we should vote and they can rely on that
judgment.
CHAIRMAN STRAIN: Well, and Brad, again, I understand and
I have understood from the beginning what your position was. I wrote
paragraph six to try to acknowledge that you had a position there.
The ending sentence that you want struck, or the portion of it
you want struck was added only because I thought somebody else on
this panel was concerned to acknowledge that they don't change the
SDP again after -- between us and the BCC,
I don't care if we strike that last piece, 1 was trying to do it
because I thought it would benefit this board and not hurt it. If you
feel it hurts it and the rest --
COMMISSIONER SCHIFFER: Well, let me again state it and
the other members can judge, is that when you state something like so
long as it doesn't get any closer, I think you give the illusion that it's
Page 23
Ja6hl6,lworA
okay the way it is. So that's my concern.
CHAIRMAN STRAIN: Okay. Well, let's go from there. Let's
ask the rest of the board. Because I don't want to belabor this all
morning. It would take all morning to go back and forth on it.
From the board's perspective, let's just focus on this last piece
that Mr. Schiffer's suggesting being struck after the word -- after the
letters PUD in item six,
Those that would like to see it struck, as Mr, Schiffer is
suggesting, please acknowledge by raising your hand,
COMMISSIONER MIDNEY: (Indicating.)
COMMISSIONER KOLFLAT: (Indicating.)
COMMISSIONER CARON: (Indicating,)
COMMISSIONER MURRAY: (Indicating,)
COMMISSIONER VIGLIOTTI: (Indicating.)
CHAIRMAN STRAIN: One, two, three, four. Five. I'm sorry,
Mr. Midney.
There's five.
So those that wish to see it remain will obviously be the
remaining four.
So looks like that last piece will be struck,
Okay, I don't know who had wanted it, but we'll strike that last
piece, So number six.
Now, is there any other item on this document that is
problematic?
(No response.)
CHAIRMAN STRAIN: Ifnot, can I get a motion to accept the
consent items, or -- yeah, motion to approve the consent agenda.
COMMISSIONER ADELSTEIN: So moved.
COMMISSIONER MURRAY: Can I ask a question?
CHAIRMAN STRAIN: Mr. Adelstein made a motion, Is there a
second?
COMMISSIONER MURRAY: Well, I'll second it for comment.
Page 24
MaJ/:6, ~oZ8 A
CHAIRMAN STRAIN: Okay, Mr. Murray made a second,
Go ahead, Mr. Murray.
COMMISSIONER MURRAY: I'm not going to vote no, But if!
were to vote no, if others were to vote no on a consent, that dies then,
doesn't it?
CHAIRMAN STRAIN: Well, it means the consent isn't
reflective of the corrections we asked --
COMMISSIONER MURRAY: Correct.
CHAIRMAN STRAIN: -- staff to make.
COMMISSIONER MURRAY: All right. Well, I still have an
issue with the first item, but I have to vote for it, because I think it's
well done overall.
CHAIRMAN STRAIN: Any other discussion?
All those in favor of -- go ahead, Ms. Caron.
COMMISSIONER CARON: Yeah, I do want to make a
comment before we take this vote.
I believe that this document reflects what the majority of this
board agreed to. I, however, am not in agreement with the settlement.
I have major issues, as Mr. Schiffer does, with the setbacks. And I
neither agree with staff nor with the petitioner on this issue, and I
think we should be ashamed.
CHAIRMAN STRAIN: Okay, any other comments on the
motion?
(No response,)
CHAIRMAN STRAIN: Okay, all those in favor ofthe consent
agenda motion, please acknowledge by raising -- signifY by saying
aye.
COMMISSIONER SCHIFFER: Aye,
MR. MURRAY: Aye.
COMMISSIONER KOLFLA T: Aye,
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
Page 25
MlcQ J, :J08 A
MR. WOLFLEY: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye,
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 9-0.
Item #9 A
PETITION: V A-2007-AR-12477
Next item on the agenda is Petition V A-2007-AR-12477. It's the
George W. and Beverly J. Schuelke, Vanderbilt Beach Estates, 496
Flamingo A venue variance.
All those wishing to testifY on behalf of the petitioner, please
rise and be sworn in by the court reporter.
(Speakers were duly sworn.)
CHAIRMAN STRAIN: Are there any disclosures from the
Planning Commission?
(No response,)
CHAIRMAN STRAIN: I have -- I talked to Mr. Thornton, I also
sent an e-mail to Mr. Schmitt and to Mr. Klatzkow concerning a
document I found on Monday that seemed to discuss this kind of
Issue.
I didn't get a response from Mr. Klatzkow because he hasn't been
getting his e-mail.InevergotaresponsefromMr.Schmitt.Mr.
Thornton I'm sure will bring it up for discussion today,
With that and there's no other disclosures, we'll go forward with
the presentation by the applicant.
MR. THORNTON: Good morning, Commissioners. My name is
Chris Thornton, for the record. I'm representing the property owners
Page 26
MaJIG, kO]8 A
today.
This is an application for a variance in the Connor's Vanderbilt
Beach area.
The matter began as a code enforcement action against the
property owners because they had pulled some permits to do a pool
screen cage replacement in 2004.
And at the time they went to get their C.O. for the pool screen
cage replacement, the as-built survey revealed some setback problems
that were caught by the building department. And subsequently,
because the C.O.'s, the permits that were issued for those -- for the
pool screen cage replacement did not have C,O.'s, code enforcement
initiated an action, inspected the property and found not only setback
deficiencies with respect to the new improvements but also with
respect to the pool itself.
This is a corner lot at the end of a dead end canal.
And so we're here to address those issues.
We attempted to work the issues out with code enforcement to
try to find a way to resolve this matter without the need for a variance,
and we were unsuccessful in that attempt.
The main points I'd like you to consider are that these are
accessory structures that are not blocking anyone's view. It's at the end
of a dead end canal adjacent to Vanderbilt Drive. The pool, which is
the primary issue from the property owners' perspective -- the issues
that we're dealing with have to do with a screen cage, the pool itself
and two stairways that lead up from the water level up to the pool
level.
The main issue is the pool itself. The pool has been on the
property card. The pool was constructed in about 1985, 1986 time
frame. And the property owners have been paying taxes on that pool
for many years, 23 years.
We do have II letters of no objection, and we do have a staff
recommendation of approval.
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The details can get complicated, This picture helps understand --
helps you understand what's occurred,
The stairway, the wall you see is supporting a pool. That's the
top of the pool deck. The seawall is below it, just above the canal.
The stairway to the left was originally constructed with the pool
in '85, '86, And the cage, as it sits in this picture, is the replacement
cage,
The home was built by Mario Lagrasta. This was his personal
residence. He was a builder in the county, This was his personal
residence from about 1986 through 1989.
He did permit and get a C.O. for the home. The pool and pool
deck had a permit but no C.O, We could not -- I have not been able to
find a C.O. for the pool.
The cage was knocked down by the hurricane and replaced, and
when the contractor who actually installed the cage originally for Mr.
Lagrasta, the contractor, when he went to replace the cage, using the
surveys that he had available to him, he placed it exactly 10 feet from
the outside face of the seawall.
The survey that he was using doesn't make it very apparent that
the property line does not match up with the outside face of the
seawall.
So basically the wall and the left stairway have been there since
1986, roughly. The cage is a little better than it has been for the past
20 years because we moved it back about a foot, a foot and a half off
of the outside face of that retaining wall.
But it still does not meet current setback requirements and we
are seeking four variances to authorize these improvements to remain
where they are.
I think we resolved with staff the fact that the wings of the wall
-- you can see one wing here projecting out towards the canal. We
resolved with staffthe fact that the wings can be considered walls and
fences that are not subject to the setback requirement.
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16rdh 120.
The setback we're dealing with is a 10- foot side yard setback for
a corner lot on a waterfront property. The 10-foot setback, stairways
are allowed to encroach three feet into that setback.
So basically if everything was -- if everything was measured
from the seawall, according to the rules that existed when they were
built, including the 1986 original construction and the replacements
recently done, I think those would all comply, But they don't because
of we didn't have C.O.'s issued.
We're seeking a variance of four feet for the wall, because only
at its worse points it comes within six feet of the property boundary.
And we're seeking a variance for the cage and the two stairways
that are shown in this photo.
The staff report goes into great detail. It appears to be -- the
factual description seems to be accurate. And we hope you'll support
the staffs recommendation of approval.
And I'd be happy to answer any questions, I know the facts are
somewhat complicated.
CHAIRMAN STRAIN: Thank you, sir.
Any questions from the Planning Commission?
(No response,)
CHAIRMAN STRAIN: Well, I got a few,
Kay, could this be put on the overhead?
MS. DESELEM: Sure,
CHAIRMAN STRAIN: I had sent this out originally to the
county attorney and to Joe, hoping that they would be prepared to
address my question I had sent them in an e-mail on Monday.
And my question was simply, how does this affect, or if it does
affect, the document -- or the variances we have in front of us today?
This is a 1998 clarification to the codes, and it was -- it did two
things: It addressed the dock facility section of the code, and it also
addressed the definitions for yard waterfront. And it talked about, in
your background and considerations on those two different issues,
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And the determination was that the measurement for structures
and for docks should be taken from the outer water side of either the
seawall or the seawall cap, as shown in the attached diagram,
I have not been able to find the attached diagram, I can only go
by the text here. But if the measurement, from what I can see, on Page
5 of the staff report, the applicant stated the setback problems appear
to stem from the unusual circumstance that their property line falls
approximately 2,7 feet inside of the seawall, which was perhaps
overlooked by the pool contractor.
He also states that the replacement cage and stairwell would
meet the current setback requirements, if measured from the outside
face of the seawall instead of the property line.
And therein lies my question and concern of staff as to how this
clarification might impact the needs of the multiple variances we have
here today.
And maybe Mr. Brown, if you did this, you could respond.
MR. BROWN: Yes, sir. Good morning.
The memorandum was discussed by staff, myself, Ray Bellows,
Zoning Manager and the Director Susan Murray weighed in,
If you only read the determination clarification part ofthe
memorandum, it does lead you to believe that -- and I'm sorry, I can't
really see it from here,
Okay, great. Well, if you read the determination clarification, it
says the measurement of both structures and dock facilities should be
taken from the outer water side of either the seawall or seawall cap, as
shown on the attached diagram. We don't have the attached diagram.
You read just that alone it does lead you to believe that the
measurement should be taken from the outside face of the seawall.
However, in the background considerations of Section 2.6.21.1 from
the LDC reads, in quotes, protrusions as well as extension of dock
facilities are measured from the property line, bulkhead line, shoreline
and seawall. Either one of these.
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And then it goes on to say whichever is more restrictive,
And I have a better -- if! may grab my photograph, just a
second.
CHAIRMAN STRAIN: Sure, go right ahead. We need to get it
resolved.
I take it then that after I sent this it did get circulated, because I
never got an acknowledgement. And that you did or somebody must
have tried to look for the diagram that's referenced in this document?
Because I could not find it.
MR. BROWN: Don't have the diagram. I do have a photo and
we do have the survey record of the property.
If you look at this, just an approximate of what exists on-site, the
property line lies 2,7 feet inside of the seawall. So in this scenario the
property line is the most restrictive point. And you use the most
restrictive point to determine your setback,
And so that's why the applicant finds himself with this variance
request and the property in conflict with the LDC,
A lO-foot setback is required, as he's already mentioned. The
concrete pair of stairs, the pool deck wall and the pool screen cage do
not sit back 10 feet from the property line, and that's why you have the
variance request before you today.
CHAIRMAN STRAIN: Yeah, I understand that. If you could put
that other highlighted paper back on,
If the answer was as plain and simple as you've stated it, then
why did we have this clarification come out?
COMMISSIONER SCHIFFER: Mark, I can help answer it.
MR. BROWN: Okay.
CHAIRMAN STRAIN: Go ahead. I'm sorry, Brad.
COMMISSIONER SCHIFFER: I can remember when we
studied seawalls. First of all, to build a seawall, the furthest you can
bring a seawall into the waterway is the outside face of the seawall has
to be -- is the property line, This thing is encroaching quite a bit.
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The reason I think we had this is we have lots in Connor's where
the property line is actually outside the seawall.
MR. BROWN: That's what I was about to say.
COMMISSIONER SCHIFFER: So I think the reason this was
going to come about is that there are situations where really the lot
line could be three or four feet beyond the seawall, and this is to
clarifY that you measure from the seawall, not that lot in the water
line.
MR. BROWN: Correct.
CHAIRMAN STRAIN: Brad, just for your first statement,
seawalls are routinely allowed to go past the property line. In fact, I'm
COMMISSIONER SCHIFFER: Really?
CHAIRMAN STRAIN: Yes.
In fact, DEP and the Corps of Engineers do it as a letter
notification. The Corps of Engineers does it as a nationwide permit.
When you replace a seawall, they prefer you put it within one
foot of the existing seawall outside your property line so that you don't
have to water jet out the old seawall and cause more turbidity in the
water. I know that for a fact.
MR. BROWN: In this case--
CHAIRMAN STRAIN: The seawall then would be encroaching
more outward, which would lose the property line.
COMMISSIONER SCHIFFER: That makes sense.
Willie, let me just answer, though, is that we do have a seawall
ordinance and in that ordinance it shows where the property line can
be.
MR. BROWN: That would be true, but in this case the seawall is
-- it's not public property. The canal is a public easement. The seawall
is actually owned by a private entity or a property owner. And so you
have the property line, you have the seawall, which is owned by
someone different, you have the canal, which is a public easement.
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And would you like to go into detail about the seawall and who
it's owned by? And a vacation would possibly be needed in order for
CHAIRMAN STRAIN: I don't think we're asking that. My
whole purpose of the discussion was simply to understand how and if
this applied, It seems you're telling me it doesn't apply because --
MR. BROWN: It doesn't apply.
CHAIRMAN STRAIN: -- the measurement -- okay, and that's
fine for this case and I'll drop it there.
But at some point I wish that staff would, number one, find the
backup to this document, and number two, explain why it was done in
the first place if it doesn't apply,
And it doesn't -- what was this document done for in 1998?
Someone had to ask for it.
So that's the only comment I would like to note. Okay.
That -- okay, anybody have think other questions on the --
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: -- for the applicant?
Mr. Murray,
COMMISSIONER MURRAY: I do.
CHAIRMAN STRAIN: And Ms. Caron,
COMMISSIONER MURRAY: That was the question I had, was
who has responsibility for the seawall and -- because I thought frankly
that that would be the homeowner, But apparently a third party can
have ownership of a seawall. I didn't know that.
Mr. Thornton, do you have the answer to that question?
MR. THORNTON: The seawall itself was constructed in the
early Eighties by a lady named Diane Smith who owned the property
at the time. She sold the property to Mr. Lagrasta. Mr. Lagrasta added
the part of the seawall that cuts the corner short. And the seawall was
C.O.'d, permitted and C.O.'d where it sits by the county when it was
constructed,
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The -- if you want to know who holds title to the canal, I don't
know the answer to that question. I can tell you that for property
notification purposes, you're supposed to go by the property
appraiser's information. And that's basically shown as a publicly
dedicated waterway. The plat dedicates the canal and the streets to the
public,
So I can't tell you who actually holds legal --
COMMISSIONER MURRAY: If the seawall were damaged or
in bad shape, who would be responsible for --
MR. THORNTON: Property owner.
COMMISSIONER MURRAY: Property owner.
MR, THORNTON: Property owner.
COMMISSIONER MURRAY: Even though you don't know
whether they own it or not.
MR. THORNTON: Well, I--
COMMISSIONER MURRAY: Because I think we've
established they don't own it because we've established a property line
that is some distance short of the seawall.
So that seawall is a separate entity owned by a property owner,
but he has no title to it. This is very confusing.
Measurement from ownership is what I thought we were
working from. But apparently that's --
MR. THORNTON: Before the adoption of 04-41, the re-
codification of your LDC, there was a phrase in your definition of
setback or setback line that said you measure from the most restrictive
of this long list of things.
In 04-41 's re-codification, that sentence that contained the phrase
the most restrictive was dropped.
I pushed with code enforcement and staff to let me measure from
the outside face of the seawall, because the most restrictive language
is no longer in the LDC,
I lost that argument. The counter argument was that 04-41 was
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Ja~~, 100sA
only a re-codification, it was not intended to make any substantive
changes.
So you need to carry around 04-41 and prior versions of the
LDC to know exactly what rules apply. And the most restrictive
language is still effective, and that's where you should measure from.
And that's the ruling that I'm working with.
And that's the ruling that I'm working with, that I do have to
measure from the property lines for my improvements on the lot.
CHAIRMAN STRAIN: I think part of the basis for this whole
case, though, is that these structures were built at a time where the
rules may have been read or interpreted differently than they are
today.
The diagram that Mr. Schmitt put on here, if that's -- the diagram
that was supposed to accompany this staff clarification seems to
confirm that the measurement then in '98 would have been from the
outside face of the seawall cap.
Is that the way I'm reading it, Joe,
MR. SCHMITT: That's correct. That's -- I didn't know you were
looking for that drawing. I certainly would have found it, because I
know when I got your e-mail it was to Jeff. I didn't respond to that
e-mail, but I did circulate it to my staff to be prepared to address it.
The drawing -- and I'm almost positive this is the drawing that
was originally part of that is the staff policy or staff opinion on how to
apply it. But this was from a case we know about from a few years
ago.
But it is from the outer edge ofthe seawall cap as shown there,
That's the highlighted. That's the measurement.
Now, I believe -- and most of this area, the property lines are
actually in the water. And it wasn't from the property line, it's from the
seawall cap. There are areas out there. And that was the whole dispute
up in this area, that it wasn't from the property line, it was actually
from the outer edge of the cap of the seawall. That's what's shown
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MadtO, pols A
there. And I believe that's the drawing you were looking for.
CHAIRMAN STRAIN: I appreciate that. Thank you,
Ms. Caron?
COMMISSIONER CARON: Yeah, tell me what exactly this is.
I don't -- there's no date on it, there's nothing that tells me that this is --
this particular property. I don't know what I'm looking at here.
CHAIRMAN STRAIN: This was the diagram that's missing
from the green highlighted memo. If you read -- that memo that was
on the thing prior that I found --
COMMISSIONER CARON: Oh, okay,
CHAIRMAN STRAIN: -- it says pursuant to the attached
diagram. This is it. See where -- and that's --
COMMISSIONER CARON: Yes, thank you.
CHAIRMAN STRAIN: That's what he was trying to show.
That's what explains --
COMMISSIONER CARON: So this --
CHAIRMAN STRAIN: -- this.
COMMISSIONER CARON: -- dates back to 1998--
CHAIRMAN STRAIN: Right.
COMMISSIONER CARON: -- is when this document was
written.
In 2002, Mr. Schmitt, you did a whole study and presented to the
Board of County Commissioners on seawalls and setbacks in the
Vanderbilt Lagoon area.
MR. SCHMITT: That's correct.
COMMISSIONER CARON: This particular property was one of
the ones that was noted in 2002 as not being to code, So I'm just -- I'm
concerned. Why would you in 2002 say it was not to code if in '98
you're saying according to a staff judgment it would have been?
MR. SCHMITT: I hear your question, I'm not prepared to
answer that because I'm not sure -- I didn't follow the logic on the --
I'm not that familiar with this case, so I'm not -- I can't -- all I know is
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what's in the case here, but I can't answer your questions specifically
unless I sit down and actually analyze what you just asked me.
CHAIRMAN STRAIN: Well, the only thing I think this points
out is maybe in any further of these variance requests that come
forward, this document, if it's proven to be applicable, is taken into
consideration. And I think if the staff were to know that that
document's there and if it's something that should apply to the
variance request that you're looking at, then so be it.
At the time -- that may prove why so many of these homes seem
out of compliance when at the time they may have been relying on
this clarification and may have ended up confusing the issue more
than making it more understanding.
So I think that's where we need to leave it today, and that's staffs
purview to go forward with it at this point.
Any other questions on this?
Ms. Caron?
COMMISSIONER CARON: Well, yeah, I have questions back
to the actual picture of the property there.
CHAIRMAN STRAIN: You mean the one with the seawall and
the steps?
COMMISSIONER CARON : Yep.
The steps to the right, when were they added?
MR. THORNTON: The steps to the right were added in 2004
with a permit approved by the county. And that's because the screen
cage replacement that was due to a hurricane, when that screen cage
replacement was being permitted, the stair to the left was determined
by the building department to not be a code compliant stairway
because it didn't have an adequate landing,
The property owner therefore screened over the left stair and
permitted a new stair, the stair to the right. And that stair was set back
exactly just a little over seven feet from the outside face of the
seawall.
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Apparently just like the original property owner and just like the
screen cage contractor, the survey that they've been using that was for
a purchase just didn't make it very clear where the property line fell in
relation to the seawall.
So that is a brand new stair built in -- well, not new now, but it
was built in '04, and it was never C.O.'d because it did not meet
setback. That stair -- the bottom right corner of the right stair actually
comes to within less than a foot of the property line, But if measured
from the seawall, it meets the seven-foot -- 10- foot setback with a
three-foot encroachment.
CHAIRMAN STRAIN: Okay, are there any other questions of
the applicant?
(No response.)
CHAIRMAN STRAIN: Hearing none, we'll see if staff has
anything else to add.
MR. BROWN: Good morning, For the record, Willie Brown,
Principal Planner, Department of Zoning and Land Development
Review.
I won't repeat a lot of what's already been said by the applicant. I
just want to confirm that the petitioner's presentation is consistent with
the application on file with the department of zoning,
Staff is recommending approval, subject to two conditions, and
I'll put those up.
Staff is recommending approval subject to two conditions; those
being: That the development shall be limited to that which is depicted
in the record survey with the revised date of October 1,2007. Here's
the record survey. Which is also in your packet.
And the second condition is that if for any reason the structure
shall be damaged by more than 50 percent, then the property shall be
brought into full compliance with the LDC requirements at the time of
permitting.
So those are the two conditions that staff is recommending,
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CHAIRMAN STRAIN: Are there any questions of staff?
COMMISSIONER SCHIFFER: I do.
CHAIRMAN STRAIN: Mr. Schiffer, Ms. Caron, then Mr.
Ko Ifl at.
MR. BROWN: I'll almost done but not quite. Sorry.
This property again was cited to be in violation by the county's
code enforcement department for the aforementioned reasons. You
can see from this photo the screen cage, the pool deck wall and the
concrete pair of stairs. Those are the specific variances being
requested here.
The home pool and pool accessory uses are permitted within the
RMF-3 zoning district. This property is zoned RMF-3. The uses are
also permitted within the urban residential designation of the GMP as
well.
In compliance with Section 9.04,03, criteria for variances, the
Planning Commission shall consider and be guided by the following
standards in making a determination.
Staff is offering criteria (sic) Band D which state approval may
be granted ifthere are special conditions and circumstances which do
not result from the action of the applicant, such as preexisting
conditions relative to the property.
These are preexisting conditions. The house was built by a
different property owner. The current property owner inherited these
problems.
D states, approval may be granted if the variance will be the
minimum variance that will make possible the reasonable use of the
land, building or structure. Staff feels these are minimal in nature.
Lastly, nine letters of -- I'm sorry, I believe he said eleven letters
of support have been received from neighboring property owners,
including a letter from the Zilavys (phonetic) who were approved for
rear yard variances in January, 2008 by the BCC for pool accessory
uses. And the Zalavy's property's immediately next door to this
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property ,
No letters of opposition have been supported.
And ifthere are any questions, I'll be more than happy to
entertain those that this time.
CHAIRMAN STRAIN: Before we go to the commission, Mr.
Schmitt, did you have something you wanted to add to the staff
report?
MR. SCHMITT: No, Ijust want to make sure we answered Ms.
Caron's concerns,
I can go back and look at that briefing that was given. I know
what Willie just said, of course is this was a previous -- one of the
ones identified as a violation, And I just want to make sure we
answered your question.
Because we had a plethora of violations out there, all different--
for all different reasons, most of which violated the 10- foot four-foot
rule, setback rule, basically requiring the -- my recollection, 20 feet
from the seawall for the principal structure,
I don't know specifically what your question was and can we
answer it, between what is Willie knows about this and what I -- I'm
trying to recall from a couple of years ago when we first went into
this.
COMMISSIONER CARON: My question was simply -- and if
you want to look at this while we're going through the rest of this, then
you can tell me whether it is or not. I just wanted to know whether -- if
they had been cited in 200 -- you knew in 2002 that there were
problems, and problems with this specific property. Why wouldn't
they have gotten corrected then? Why were they allowed to continue
creating these issues? I don't understand it.
MR. SCHMITT: Well, that I can't answer. This is one of the
ones that was cited for a violation. And it's been cited for a violation. I
can't answer why they allowed to continue with the -- I guess with the
additional construction of the steps and the extension of the seawall is
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what you're asking.
CHAIRMAN STRAIN: But I think maybe Ms. Caron's touched
on something that needs to be revisited by staff and that is a
reevaluation of that disk of violations that purportedly are in that area,
based on that staff clarification language and the diagram that you
now just showed us.
And if that does have an impact on those, I think the commission
needs to know that.
MR. SCHMITT: That's the same staff clarification that we
applied when we debated the Dowdy case over what, three or four
years ago. That's where that drawing came from when I pulled up that
briefing.
That staff clarification is nothing new. It's exactly what we
applied back then.
COMMISSIONER CARON: Right. But all I want to make sure
is that clarification which was done in '98 --
MR. SCHMITT: Yes,
COMMISSIONER CARON: -- conforms to whatever you told
everybody in 2002. And if there are differences, why? And should
some ofthese people be cited and some of them not? I don't know.
MR. SCHMITT: I can't answer that unless I go through every
one of those.
But in 2002 the staff clarification, to the best of my knowledge,
was what we applied when we evaluated those evaluations.
COMMISSIONER CARON: And it was based on the '98.
MR. SCHMITT: That's correct.
COMMISSIONER CARON: So what's in here for 2002 was
based on what you had written in '98.
MR. SCHMITT: That's correct. We used that same staff
clarification when Mr. Dowdy came in and put the -- raised the
seawall and put the cap on the seawall. And then we issued the
administrative variance based on that. And that of course was
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subsequently appealed and overturned by the board.
But it was from the most outer portion of the cap, If you recall,
that's where he constructed the overhang, the cap and the overhang,
and constructed an additional foot.
And we allowed that as the most -- well, as the most restrictive
point, I guess. And we took it from there and measured that and that's
what the board -- when the board overruled that, but that --
COMMISSIONER CARON: Yeah, it was overruled.
MR. SCHMITT: But that has been consistently applied.
And most of the cases that you were citing in that briefing were,
I'll call it, at least alleged violations. We didn't have anything to
validate it, we just through suspicion and our initial measurements.
We were going back then and looking at various spot surveys, and this
was one of the properties from that original study over four years ago,
COMMISSIONER CARON: So you're consistently approving
something that's been overturned already by the BCC? Is that what
you just said to me?
MR. SCHMITT: No, no. No, what I said was back then we
applied that.
The reason the board overturned the Dowdy case was they felt it
was --
COMMISSIONER CARON: Yeah, we know,
MR. SCHMITT: -- an egregious violation as far as constructing
the overhang.
COMMISSIONER CARON: Right.
CHAIRMAN STRAIN: Okay, then, one last comment.
You have -- now you're telling us that the '98 staff clarification
was -- has been utilized. Except if you utilize it on the variance that
was in front of us today, three out of the four probably wouldn't be
here,
So I'm not sure that -- and all I'm suggesting, maybe you ought
to go back through and check all those locations on that disk to make
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sure that they're either consistent or inconsistent with the '98 staff
clarification, so that we're not bringing people in here and forcing
them through the system when they may not need to be, based on the
readings of the time. That's all I think this board's saying.
So Mr. Schiffer, then we'll go back to Mr. Caron to see if she has
any follow-up, then Mr. Kolflat.
Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: Well, I was going to -- if you
want to stay on this topic, go to Ms, Caron now then. Is that what --
CHAIRMAN STRAIN: No, we're done with this topic.
COMMISSIONER SCHIFFER: And Mark, I think one thing we
have to be careful of is that in the Dowdy case the property line was
outside the seawall, and that drawing was showing you that the most
restrictive in that case was the seawall.
This case is the exact opposite, The property line is inside the
seawall. Therefore, the most restrictive in this case is the property line.
Willie, my question is, what is the --
MR, BROWN: Yes, sir.
COMMISSIONER SCHIFFER: The property lines that are on
the canal, you're considering those sidelines? How come they're not
rear property lines?
MR. BROWN: They're not rear yards, because as you can see
from the diagram on the visualizer, this is a corner lot. Corner lots
don't have rear yards; they only have front yards and side yards, And
that's the way it's written in the LDC. And that's what we go by in
terms of establishing yards.
So you have Flamingo Avenue and Vanderbilt. Those are both
front yards.
COMMISSIONER SCHIFFER: So you interpret the LDC that if
a lot is a corner lot, which this definitely is, that from that point on you
only have front yards and side yards?
MR. BROWN: Correct.
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COMMISSIONER SCHIFFER: Even though geometry like this
is -- essentially these are rear yards, I mean, in other words, if the side
yards did connect, you'd be 100 percent right. But in this case these
are not stout, and I don't know why the setbacks for rear yards
wouldn't apply,
The property next door, for example, that's a rear yard, the one
to the west of this.
CHAIRMAN STRAIN: It's not a corner lot.
MR. BROWN: I have something that -- okay, Section 5.03,02
from the LDC, fences -- related to fences and walls, If you go down to
item number four, it says for corner lots, one acre or less in area,
which by definition have only front yards and side yards. This is the
language we have to go by, There are no rear yards for corner lots.
And this is universal standard language in any ordinance in any
city in any state in the U.S. This is the way it's interpreted for all
ordinances for corner lots.
COMMISSIONER SCHIFFER: But see, here's the thing, is that
I do work all around and we do consider that that's a rear yard set --
what this says is a corner lot, which by definition has only front and
side yards. Well, this has year yards also, so this may not be a corner
lot by that definition. In other words, you can read that backwards too
and say that a corner lot has to have only front and side yards.
MR. BROWN: I respectfully disagree, It doesn't have a rear
yard.
COMMISSIONER SCHIFFER: My only concern -- and I'm a
friend of the application -- is that, you know, if it is a rear yard, we've
got that problem with the seawall height. It's slightly over and would
require actually a 20-foot setback. So I would just want to make sure
we clear that up.
MR. BROWN: Yeah, and the very last sentence in number four
says, fences with required side yards may reach six feet in height. So
the height of the fence in this petition isn't an issue.
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COMMISSIONER SCHIFFER: Okay. All right, thank you.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, just a couple of things.
When noting the stairs to the right, you said that they had been
done by the prior owners, that all these variances were required
because of steps taken by the prior owner.
And that's not true. The steps to the right were just constructed
by this current owner in 2004.
MR. BROWN: Yes, ma'am.
COMMISSIONER CARON: Okay. Ijust wanted that clarified.
Now, if you go to this Exhibit A plan that you're looking at
approving, If this cage gets blown down in another hurricane, what's
actually to prevent somebody from saying I'll put a door on the old
staircase again? It looks like that's part of this approved plan.
MR. BROWN: Yes, ma'am.
COMMISSIONER CARON: Why wouldn't we make them just
block off those stairs? They're not supposed to be used, they're not
supposed to be there anymore. Why wouldn't we say concrete them
in?
MR. BROWN: To date it hasn't been an issue. They were issued
building permits, but as the applicant has said, they have not received
a certificate of completion so of course our code enforcement officers
go out and they inspect these uses. And so in this case they were found
not to be in compliance with the LDC. And so until a certificate of
completion has been granted, they're found in violation. And for this
applicant, it's required them to come in for a variance to get approval.
If approval is not granted by this board today, then the screen
cage wall has to come down, the concrete stairs have to be demolished
and possibly even the pool.
COMMISSIONER CARON: So -- but my point is here now
we're compounding problems in variances. If they hadn't bothered to
put in the new staircases and come before us then, we'd only have one
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variance here for this one staircase. Now we're talking about
approving two.
Why wouldn't you ask them, ask the petitioner to concrete in this
old staircase that now there isn't an exit to? Because it's been in
violation apparently for a long time.
MR. BROWN: You raise a very good point. I'll let Mr. Thornton
respond.
CHAIRMAN STRAIN: Go ahead, sir.
MR. THORNTON: I'll just try to address your comment.
The old stair could be used -- could have been used if we
designed the screen when you come up the stairs to have a long tunnel
into the pool deck area and then a door. Because that would provide a
landing, I suppose.
That wasn't a very attractive option to have such a screen
protrusion into the pool deck area, And we asked for the variance,
because the stair does sit there today, and we're asking for the variance
so we don't have to demolish the stair. Demolishing the stair would
require demolition and then somehow reconstruction of that wall,
which would require engineering and masonry work,
And therefore, we're asking to let that old stair sit where it is,
even though it's not useful to us.
CHAIRMAN STRAIN: Thank you, sir.
Mr. Kolflat?
COMMISSIONER KOLFLAT: Could you put the overhead
aerial on, please.
Now, the petition included 11 letters, I believe, of neighbors that
-- this property?
MR. BROWN: The letters of support, yes, sir.
COMMISSIONER KOLFLA T: Who wrote that letter? It's the
same letters, Do you know who wrote --
MR, BROWN: No, they're different signatures at the bottom of
each letter.
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COMMISSIONER KOLFLA T: But the letter contacted exactly
identical for all 11,
MR. BROWN: The letters are identical. I'm assuming Mr.
Thornton wrote the letter. But each individual property owner along
Flamingo Avenue, and that's where the bulk ofthe letters come from
in support. They signed -- each individual property owner along
Flamingo signed the letter.
COMMISSIONER KOLFLA T: All right, the property just
adjacent to the subject property, was the letter writer from there also,
one of the letters from that person?
MR. BROWN: Yes, sir. That was the Zilavy variance I referred
to that this commission approved back in November of last year for
rear yard --
COMMISSIONER KOLFLA T: When you look at this --
MR. BROWN: -- variances.
COMMISSIONER KOLFLA T: -- aerial, it would appear that
there's very few houses that see what we're talking about as far as the
encroachment on it. A neighbor obviously would have an interest and
across the canal probably two or three of the properties. But what is
the relevance of having 11 neighbors write that it's no objection to it?
CHAIRMAN STRAIN: Doesn't matter.
COMMISSIONER KOLFLA T: I mean, some ofthese people
are probably in houses they can't even see the property and know
what's going on.
MR. BROWN: I think it goes to making the point that the
neighboring property owners don't feel that there's a detriment to
public health, safety and welfare. I think that was their purpose in
submitting the letter of support,
COMMISSIONER KOLFLAT: But because of the remoteness
of the people that are writing some of these letters to the property, I'm
concerned that we're letting voting take care of land use policy
decisions and making our decisions based on how many letters a
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person can come up with.
CHAIRMAN STRAIN: Mr. Kolflat, I don't think any of us are--
I'm not doing that. I don't think anybody on this panel is doing that,
sir. I mean, I certainly want to let the record show that that's not
swaying my way of voting on this particular --
COMMISSIONER KOLFLA T: Well, then what is the purpose
of putting it in the petition?
CHAIRMAN STRAIN: I think staff was just trying to show us
that the immediate neighbors and the neighbors on that street, or
wherever they're from didn't have an objection to it. But it wasn't
something that necessarily is our -- what we find upon. We find upon
the LDC and the application for public safety and welfare, so --
COMMISSIONER KOLFLA T: But shouldn't there be some sort
of limit to how far an area we go in getting letters in support?
CHAIRMAN STRAIN: I don't think we could limit public
opinion and public input. I don't think we could legally do that, nor
would we want to, sir.
MR. SCHMITT: There's no limit. We've had petitions bring 500
letters in.
COMMISSIONER KOLFLA T: So we should make the
determination of the relevancy or nonrelevancy,
MR. SCHMITT: Absolutely, sir, that's your prerogative.
CHAIRMAN STRAIN: That's correct.
COMMISSIONER KOLFLA T: Thank you,
CHAIRMAN STRAIN: Okay, are there any other questions of
staff?
(No response.)
CHAIRMAN STRAIN: Thank you, Mr. Brown.
Any public speakers, Kay?
MS. DESELEM: I do not have any, no.
CHAIRMAN STRAIN: Is there any rebuttal requested by the
applicant? I don't know if you need any, No,
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Okay, in any -- we'll close the public hearing.
We are starting a new process. The last rezone or item we had,
we had discussion before the motion, so I'll certainly offer that up.
Does anybody want discussion? If they don't, I'll ask for a motion.
Any discussion?
(No response.)
CHAIRMAN STRAIN: Okay, is there a motion on this
particular issue?
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I'll make a motion to approve.
COMMISSIONER ADELSTEIN: I'll second that motion.
CHAIRMAN STRAIN: Motion's been made by Mr. Vigliotti,
seconded by Commissioner Adelstein.
Does your motion include staff recommendations --
COMMISSIONER VIGLIOTTI: Yes.
CHAIRMAN STRAIN: -- Mr. Vigliotti?
Does the second include those, too?
COMMISSIONER ADELSTEIN: Yes.
CHAIRMAN STRAIN: Acknowledged.
Okay, any discussion from the Planning Commission?
Ms, Caron?
COMMISSIONER CARON: Yeah, I will vote against the
motion, and only because I think we're compounding it. I think that
that center staircase at the very minimum should be concreted in. I
understand that the pool was there from the beginning from the
Eighties. I have no problem with the pool. I don't have a problem with
replacing the cage on the pool. There are some questions here about
that right-hand staircase that I think easily have been handled, but I
don't see why we compound the issue here with that second staircase.
But that's just my opinion.
CHAIRMAN STRAIN: Anybody else have any comments?
(No response,)
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,
CHAIRMAN STRAIN: Okay, all those in favor of the motion to
approve, signifY by saying aye.
COMMISSIONER SCHIFFER: Aye.
MR. MURRAY: Aye.
COMMISSIONER KOLFLAT: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye,
MR. WOLFLEY: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
COMMISSIONER CARON: Aye,
CHAIRMAN STRAIN: Motion carries 8-1.
And with that, we will take a break until five after 10:00. Thank
you all.
(Recess,)
CHAIRMAN STRAIN: Okay, if everybody will resume their
seats, we can continue with the meeting,
Item #9B
PETITION: PUDZ-A-2007-AR-11723
The next petition up is PUDZ-A-2007-AR-11723. It's Amy and
Tammy -- no, Amy Turner and Tammy Turner Kipp for a location on
Vanderbilt Beach Road, quarter mile east of Livingston Road.
Would all those wishing to speak on behalf of the applicant
please rise and be sworn in by the court reporter.
(Speakers were duly sworn,)
CHAIRMAN STRAIN: Okay, are there any disclosures on the
part of Planning Commission?
COMMISSIONER MURRAY: Yes.
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CHAIRMAN STRAIN: Mr. Murray, then Ms. Caron,
COMMISSIONER MURRAY: I had a very brief and not
in-depth conversation with Mr, Y ovanovich regarding the matter.
Superficial, completely.
COMMISSIONER CARON: I had a conversation with Mr.
Y ovanovich as well.
CHAIRMAN STRAIN: Mr. Adelstein?
COMMISSIONER ADELSTEIN: I've had discussions with Mr.
Y ovanovich also.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I had a brief discussion in the
hallway with Mr. Y ovanovich.
CHAIRMAN STRAIN: And 1-- you know, I think I had a
discussion with Mr. Y ovanovich and Mr. Arnold on this one. And I
know a young lady I came up with in the elevator who said she is
involved in the project, I talked with her too, but I don't even know her
name. So that's the best I can tell you, I'm an old man with a bad
memory.
So we'll go on with -- go ahead, applicant's presentation.
MR. YOVANOVICH: Thank you. Good morning, For the
record, Rich Y ovanovich.
And that individual was Amy Turner.
CHAIRMAN STRAIN: Oh, okay, Hi, Ms. Turner.
MR. YOV ANOVICH: So I introduce the two of you.
With me today are Amy Turner and Tammy Kipp, who are the
current property owners, as well as Tim Haskins and Kate Spiller, who
represent the contract purchaser on the property; Wayne Arnold and
Andres Correa and Heidi Williams from Q. Grady Minor and
Associates, to answer any planning and engineering related questions;
and Reed Jarvi from Vanasse and Daylor to answer any transportation
related questions.
On the visualizer is an aerial that shows the property location.
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As you can see, it's an approximate eight-acre parcel about a quarter
mile east of the Livingston Road/Vanderbilt Beach Road intersection.
To the north of us is the Tiburon Golf Course, Immediately to
the east is a portion of Wilshire Lakes. Adjacent to the west is -- it's
the farm, right, horse stables. And to the south is Village Walk.
This property is currently zoned PUD, which would allow 200
assisted living facilities -- facility units or a combination of up to 180
ALF units and up to 50 skilled nursing care beds, as well as a child
care center.
Hopefully this looks familiar to you. A couple of years back we
went through the Growth Management Plan amendment process to
establish the Vanderbilt Beach Road neighborhood commercial sub-
district. That sub-district contained two parcels: The parcel
immediately adjacent to the intersection of Livingston Road and
Vanderbilt Beach Road was parcel one, and that went through the
rezone process not too long ago and was rezoned the Bradford Square
PUD.
The other parcel is our parcel.
The Growth Management Plan specifically allows ALF units,
independent living units, a continuing care retirement community, or a
nursing home, or all the above to be requested on this particular piece
of property.
It limits it to a maximum of200 units, and it allows a floor area
ratio of ,6,
And a couple weeks back we -- in another petition that I was
involved in, the Land Development Code currently allows a floor area
ratio for these types of facilities of a .45.
When we were going through the comprehensive plan
amendment process for this particular piece of property, we explained
that that was an outdated standard based upon the amenities that
people who live in these facilities expect and the size of units that they
expect.
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So we came through with on this particular piece of property a .6
floor area ratio to address the current market and the level of amenities
people expect to live in these types of communities.
At this time it's anticipated that we will be building an
independent living facility on the property. Although we're asking for
assisted living, independent living, continuing care retirement
communities and skilled nursing on the site, at this time we expect it
to be an independent living facility.
The comprehensive plan requires that if you're going to do an
independent living facility, it's got to be age restricted to people 55
years and older, which our PUD specifically requires,
The county's Land Development Code does not define what an
independent living facility is, although it does refer to it in the group
care category. And Wayne will get into the master plan, as well as
some of the deviations.
But in the Land Development Code, the reference to
independent living facilities is just that, independent living units. And
it has a parking standard of one unit -- one parking space per unit. And
Wayne will get into explaining why we're asking for a deviation for
the clubhouse. So there's a reference in the code, it just doesn't define
what it is.
In speaking to one of your colleagues on the Planning
Commission, the question came about, Rich, what's the difference
between these types of units and just a regular old apartment complex
or a regular old condominium project?
What I -- and we've talked about this in the past on other
projects, but what I'm going to put on the visualizer is a list ofthe
operational amenities we provide to residents that live there -- we need
to zoom in on that, Kay -- that distinguishes our type of community
from a -- you know, I'll call it the garden variety complex or garden
variety condominium project.
What we will provide -- and if necessary, we're happy to include
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these operational criteria in the PUD document itself -- is we provide
on-site dining for the residents so they don't need to go off-site to get
their food. We will provide group transportation for residents to take
them to the grocery store or to other shopping. For individuals who
have other needs as far as going to a doctor or other, you know, kind
of specialized trips, you know, that don't readily serve themselves to
group transportation, we will coordinate for them transportation to get
to those trips, So they don't need a car if they don't want a car, but
obviously they'll be allowed to drive themselves to these places if they
want to.
There'll be an on-site manager that also serves as kind of an
activities coordinator. And what that person does is assist the residents
there to coordinate different things that they might need for their
individual needs, and will also coordinate off-site, as my kids call
them, field trips, but off-site trips to the Phil or other things like that
that they might be interested in attending, as well as bringing lectures
and entertainment to the residents on-site at the clubhouse.
So that person will provide opportunities for people to be
entertained on-site to meet their needs and not leave if they don't want
to leave, and provide them opportunities to go to other places off-site,
if they want to do that.
There will be an on-site wellness center and there will be
exercise and other fitness programs provided to the residents
coordinated by this activities coordinator who will be providing the
services.
Each unit will have an emergency pull cord that will
immediately contact 9-1-1 if there's a medical or other emergency.
And each unit will be designed so the residents can age in place. For
example, the kitchens will already be designed that if, you know, they
come in and in the future they somehow need a wheelchair, the
kitchen could be easily retrofitted to lower the sink and other things so
people can age in place and not have to move out just because they
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now need to use a wheelchair. The bathrooms will easily be retrofitted
with grab bars, if they need those things in the future,
So we're providing an opportunity for people to age in place.
Their aides will be allowed to obviously come and live with them if
they need to. So it will be an independent living unit, but people will
be able to age in place and continue to reside there.
We think that these additional services are not something you
typically find in a normal apartment complex or a normal
condominium project.
The purpose of this type of housing is really to serve people who
are getting older but they're still very -- they're fairly healthy. The
average age usually for people who move in here is kind of the early
to mid seventies. They can, if they had to, probably could take care of
themselves in a condominium, but it's probably not really what they
want to do. They want to move in and be with other people their own
age. They're usually single, so they have an opportunity to have
companionship with others in a similar situation,
My grandmother lived in one of these things, She moved in
when she was 80 and she stayed until, you know, she needed to go to
a nursing home. But it was good for her, and I jokingly said if they'd
have had this for me when I got out of college, it wouldn't have been
so bad to have that kind of an environment, and then she reminded me
that was what my dorm life was while I was in college, so I did
already have that experience, so it was her turn to have that
expenence,
Your staff is recommending approval. We have so far received
positive feedback from our surrounding neighbors, Village Walk has, I
believe, written a letter of support. I don't know if you have that or
not.
We haven't really received any real negative feedback from
Wilshire Lakes.
We've met with representatives ofWCI, and I think that they
Page 55
generally support what we're doing.
Wayne's going to take you through the master plan and the
requested deviations. And then if you'll let him finish that, then we'll
be open to answer any questions you might have regarding the project.
I think that will go quicker and smoother if we can just do it that way.
COMMISSIONER MURRAY: Briefly?
CHAIRMAN STRAIN: Then all of us then should have the
same opportunity.
Go ahead, Mr. Murray,
COMMISSIONER MURRAY: No, minor point on number five,
I just wondered if that would be a C, D or E flat cord. I wasn't sure.
MR. YOV ANOVICH: What do you need it to be?
MS. ARNOLD: Good morning. I'm Wayne Arnold, And as Rich
indicated I think what I'll do is just start by briefly introducing you to
the master concept plan. I have a colorized version I'll put on the
visualizer for you, Give you an -- put it in an aerial photo, just to give
you some visual perspective with our neighboring properties.
But essentially what we're proposing on this master plan, and to
distinguish from the original PUD that was approved here, if you look
at that, it was one of the old type of master plans that had very little
detail on it. It had a big development envelope and showed the buffers
and an access point.
And with this particular property and working with our
neighbors through the compo plan process and then now through the
zoning, we've given a much more definitive picture of what and how
the development is going to occur on-site,
The access point that we show on Vanderbilt Beach Road was a
defined access point that occurred with the widening of VanderbiJt
Beach Road. There was a settlement agreement in essence when an
easement was given by the -- by Amy Turner and Tammy Kipp for the
property. So the access point, the stub-out's being provided now as
part of the road construction. We're working with a contractor to go
March 6, 200S
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March 6, 200S
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ahead and facIlItate the nght turn lanes as necessary here, et cetera,
So that's moving forward. And that's one of the driving forces of
the layout of the site, because our access point was known.
What I don't reflect on this colorized version that is on your
master plan that's in your document is the potential to interconnect
with the horse stable to the west.
There's been no expressed interest by either party, but we've
provided for that, and our site plan's designed to accommodate it,
should they desire to do that.
We have a directional median opening. It's not a full median
opening. However, if that facilitates some better transportation
movements on Vanderbilt Beach Road then we're happy to provide
that.
The layout we're showing, we have our preserve area that is
predominantly to our eastern boundary. We made a commitment
during the comprehensive plan process that we would have at least a
30-foot wide buffer adjacent to the Wilshire Lakes neighbors that I
think the minimum width on our preserve is around 40 feet, and we've
worked with your environmental staff to make sure that it's in the most
appropriate location, it buffers the residences to the east, and I hope
they're satisfied with it.
We have water management that's going to be shown as a small
wet detention lake on-site. That will be designed to be closer to
Vanderbilt Beach Road. We discharge ultimately to Vanderbilt Beach
Road system, so that works for that purpose.
And then we have two proposed unit type buildings on here, as
well as a clubhouse facility,
The structures are being designed to house the parking
underneath the buildings, and I wouldn't call it a garage, but an open
covered parking area below the living units. And the orientation has
been laid out. So obviously we do take advantage of some of the golf
course views to the north, There will be open views internal to our
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courtyards and the clubhouse facility, as well as our water
management lake. And there are some units that will take advantage
of the horse stable, which we think some people will actually enjoy
looking at that as part of their amenity package.
As Rich said, we don't -- as far as I know we don't have
objections from any of our immediate neighbors. There was one letter
in your packet from somebody, and that letter was written some time
ago, It's something I think we saw during the comprehensive plan
amendment process.
And I think the one distinction that I would make, just to point
out on that letter, the property has been zoned PUD since 1999, and it
has provided for nursing homes, skilled nursing, assisted living since
that time, I think they pointed out that this was vacant and, you know,
we didn't need more development. But in fact development has been
approved here since that original PUD was approved,
We're asking for four deviations related to the project. I
understand in speaking with Kay Deselem that one of the deviations
where we were requesting to go from a .45 FAR to .6 may be
unnecessary. We were asking for that I think out of caution. Rather
than to be here and someone question it and then have to add a
deviation from the floor, we didn't think it was necessary, but we
added it at the time. It seemed to be easier to delete something than to
add it.
So if it's deemed not essential by the Planning Commission,
we're happy to withdraw that deviation that refers to our ,6 FAR.
The comprehensive plan that was approved for this property
references that we can have a maximum FAR of .6. The zoning
document references a .6 FAR, and the intent was simply to note it as
a deviation from the Land Development Code standard, which is .45.
If it's unnecessary, we can delete it.
There are a couple other deviations that are specific to the site.
One was related to the parking standard that we should use for an
March 6, 2008
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independent living unit or retirement community type use, It's our
understanding in working with staff that the most comparable impact
fee related category that we are would be a retirement community,
And that retirement community we've referenced in this as well. And
we think that relates very closely to an independent living facility that
requires one parking space per unit. As Rich mentioned, the average
age of these residents are in their seventies, most likely, and they
probably have one vehicle. So we're accommodating at least one
vehicle in the parking garage for that use, And we believe that's
consistent with what the Land Development Code requires for an
independent living facility, It's just we were looking for a certainty as
we move forward in our site planning, that somebody didn't say, well,
wait a second, you're not really an independent living facility of sorts,
we want you to have two parking spaces per unit.
So we're asking for -- I don't know that it's really a deviation. It's
really a parking standard that I think we can establish ourselves. It's
just I think getting your acknowledgement that we are allowed to have
one parking space per unit.
The other deviation that we've asked for is one that would
require a Type B landscape buffer between our clubhouse structure
and any of the unit buildings on-site.
I think there's a discrepancy in your code between the landscape
provisions of your code and the fence and wall section of your code.
The fence and wall section says if you have any nonresidential use
adjacent to a residential type use, you're required to put in a masonry
wall. And I think that in our own community, this is one of the first
projects I've seen where that became an issue, that internal to your
own project you were asked to put in a masonry wall.
I think our deviation points out that if we're putting all of our
units above parking, a six foot high wall doesn't do anything to shield
and buffer a residential person from the view of a clubhouse,
And in fact that's part of the activities here, people do like to see
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activity, and we wouldn't want to buffer that from them. So we've
offered in the alternative of a wall to have an enhanced landscape
package that would go around the clubhouse facility. And we think
that staff is supportive of that and we're happy for that.
The other deviation that we had requested was related to -- let
me find the exact language in the staff report here, It was related to
our overall clubhouse parking requirement.
I think it stems from what I thought was a fairly new
interpretation ofthe code, The code talks about getting reductions for
parking for clubhouse type facilities when you have residents in close
proximity to them. And staff has said that the exception is it says
clubhouse -- it says golf course/clubhouse, And staff is saying that if
you have a clubhouse or a golf course, you don't qualifY for that
reduction.
And in the past I can tell you that it has always been held that
the golf course clubhouse did not qualifY for a reduced parking
standard, because residents typically aren't in walking distance of their
golf course clubhouse.
But in a community such as this where every resident is within
300 feet oftheir clubhouse facility, to provide parking for the standard
of one parking space per 100 square feet on a 10,000 square foot
clubhouse seems awfully excessive. To provide nearly 100 parking
spaces for that clubhouse seems totally unnecessary.
We think the reduction to the 25 percent that would normally be
allowed for units in close proximity to their clubhouse is appropriate
and works. We do have access parking on-site to accommodate
employees, guests, et cetera, but we don't think the clubhouse should
have a designated allocation of the full amount of parking,
Staffhas recommended approval of that; we hope you do, too,
I think all the deviations that we've requested are very specific
and related to what we're hoping to achieve here. These people will
have a transportation package available to them, as Rich mentioned in
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our commitments. To provide additional parking for a clubhlg I 1 A
facility at the full rate that the code might require is excessive and we
don't believe necessary,
I think that's our point, and I'm happy to answer questions. Or if
you want to hear from staff and then we can answer any questions, I'm
happy to do so.
CHAIRMAN STRAIN: Okay, we'll get questions of the
applicant.
Mr. Midney, then Mr, Kolflat.
COMMISSIONER MIDNEY: Yes, my first question is why are
you calling it an independent living facility instead of an assisted
living facility? The assisted is better defined. Would you consider
renaming it or naming it an assisted living facility?
MR. YOV ANOVICH: Well, the difference is, under the statutes,
an assisted living facility requires state licensure, there's a state
licensure process. We will not be providing those types of services
that would require state licensure for independent living units, and
that's why we've elected to go the independent living unit route, versus
an assisted living unit.
COMMISSIONER MIDNEY: And what extra services would
those be?
MR. YOV ANOVICH: Generally I think you've got to provide
additional medical services to become -- for assisted living. And we're
not going to be providing medical care for these residents, It doesn't
mean we won't coordinate that for them, but we will not be providing
that.
COMMISSIONER MIDNEY: Will these units be owned or
leased?
MR. YOV ANOVICH: Right now they're anticipate to be leased,
but it could go either way, But right now they're anticipated to be
leased.
COMMISSIONER MIDNEY: On condition number one where
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you said meals would be provided, could you put those up aga~, I 1 A
please?
MR. YOV ANOVICH: Sure,
COMMISSIONER MIDNEY: How many meals a day will be
provided?
MR. YOV ANOVICH: We have a meal plan that will provide for
two meals a day. They can go for a third if they prefer, but generally
it's two meals per day,
COMMISSIONER MIDNEY: And that's going to be anybody
who lives there will always have those two meals a day?
MR. YOV ANOVICH: They will have that available to them,
yes.
COMMISSIONER MIDNEY: And what if the owner decides to
drop any ofthese amenities? Ifhe says well, we're not getting too
much, you know, response to this, you know, people are not coming to
the wellness center or they're not coming to too many trips, does the
owner have a right to drop any of these once the permission to do this
is given, or is this somehow defined that it has to be always offered?
MR. YOV ANOVICH: Well, what I had suggested, because we
are always going to offer that, is if you want to include that as a
requirement of the PUD document, we certainly have no objection to
do that.
I mean, this concept is not a new concept. People expect these
level of services and level of amenities. So we know that we're not
going to be dropping those uses. So if you want to make it a condition
of the PUD, we don't have an issue with that.
COMMISSIONER MIDNEY: Thank you.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLA T: Could you put the overhead
again that you had up there, please,
MR. YOV ANOVICH: Which, the master plan or --
COMMISSIONER KOLFLAT: The master plan,
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March 6, 2008
MR. YOVANOVICH: Okay, 161 1 A
COMMISSIONER KOLFLA T: I understand is that is all the
parking is under the -- or on the first floor of all the buildings; is that
correct?
MR. YOV ANOVICH: Well, not all of it. Not all of it. For the
units, yes. There'll they're be some parking here, and then you can see
there's also some parking here on the loop. So there'll be some
additional parking for visitors and for staff that is not under the
building.
COMMISSIONER KOLFLA T: So there is parking both outdoor
and indoor?
MR. YOV ANOVICH: Yes, sir.
COMMISSIONER KOLFLA T: And the outdoor is also for the
residents?
MR. YOV ANOVICH: They'd be able to utilize it as well, yes.
COMMISSIONER KOLFLA T: Is there any possibility of
relocating that outdoor parking closer to the clubhouse so you then
could have more up around the clubhouse?
MS. ARNOLD: If! could jump in. One of the things that the
way we've arranged this, the loop does provide, and this level of detail
doesn't really highlight how much might be there. But there are some
other opportunities where we could create 90-degree parking off of the
loop to increase the parking in that area.
The larger parking area that you see closer to Vanderbilt Beach
Road was really designed to accommodate some of the services that
we have and also any overflow in any of the events that one may have,
ifthere's a function at the clubhouse.
Keep in mind, that clubhouse is no more than 300 feet away
from any of those buildings.
COMMISSIONER KOLFLA T: Thank you.
CHAIRMAN STRAIN: Okay, Mr. Murray, I think you indicated
you had questions, then Mr. Wolfley,
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COMMISSIONER MURRAY: Let Mr. Wolfley go, because I
think the parking issues were dealt with.
CHAIRMAN STRAIN: Okay. Mr. Wolfley?
COMMISSIONER WOLFLEY: Two things, Mr. Y ovanovich,
you stated that this is an independent living facility?
MR. YOV ANOVICH: Yes, sir.
COMMISSIONER WOLFLEY: Well, I must have been
misthinking all the way through this, because it says ALF all the way
through, assisted living facility. And I may have missed -- unless I'm
looking at the wrong document.
MR. YOV ANOVICH: Are you looking at Exhibit A, which is
the list of permitted uses?
COMMISSIONER WOLFLEY: Well, I'm looking at the main
part of the document.
MR. YOV ANOVICH: Well, that's the staff report. But the PUD
document says as principal uses, assisted living facilities, independent
living facilities for persons over age 55, continuing care retirement
communities, retirement communities. Those are the things that we're
asking as permitted uses,
COMMISSIONER WOLFLEY: Okay. So are you not going to
have 50 skilled nursing care beds?
MR. YOV ANOVICH: That's the old document I think you're
reading from.
COMMISSIONER WOLFLEY: Is it still then -- my second
question is, is it still going to be no more than 62 feet?
MR. YOV ANOVICH: Yes, sir. If you look at the development
standards table, which is Exhibit B, the zoned height is four stories
over parking, not to exceed 50 feet. And the actual height is four
stories over parking, not to exceed 62 feet.
COMMISSIONER WOLFLEY: Right.
MR. YOV ANOVICH: So that's -- those are the -- that is the
development standards for this particular project.
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COMMISSIONER WOLFLEY: Okay.
MR. YOV ANOVICH: For this PUD.
COMMISSIONER WOLFLEY: So it's going to be fairly much
like directly to the north, that Aston Gardens, I believe it's called, off
Immokalee Road?
MR. YOV ANOVICH: Yeah, I think that's probably right.
COMMISSIONER WOLFLEY: Okay, I've got to put my hat on
different then. Thanks,
CHAIRMAN STRAIN: Mr. Murray, did you not then have a
question or did you have a question?
COMMISSIONER MURRAY: Maybe a remark, because, I
think Tor covered the parking area issues that I had.
But I was amazed at the number of square feet not -- wasn't
amazed until you said most of them are going to be individuals who
are going to occupy those spaces. But that's neither here nor there.
It sounds like a great place from that point of view.
MR. YOV ANOVICH: I don't want you to say everybody's going
to be single. I mean, there's going to be married couples living there as
well. But, you know, our experience is that the majority are singles,
CHAIRMAN STRAIN: Questions of the applicant?
Mr. Schiffer?
COMMISSIONER SCHIFFER: Rich, and it's on the PUD
document, Page 1 of 10. And it's principal use one. Would you have a
problem putting in, all uses shall be permitted at a -- and then add the
word combined maximum of FAR .06 just to avoid--
MR. YOV ANOVICH: I understand that. Okay,
COMMISSIONER SCHIFFER: Just to avoid temptation.
MR. YOV ANOVICH: That's fine.
CHAIRMAN STRAIN: Okay, any other questions ofthe
applicant before we go to staff?
COMMISSIONER CARON: Yeah.
CHAIRMAN STRAIN: Go ahead, Ms. Caron,
Mart ~ tOY
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COMMISSIONER CARON: Well, I'll ask the height and
setback questions. Why the differences from the previous PUD? What
MS. ARNOLD: The original PUD was prepared back in 1999,
And we reflected in that a three-story maximum building height
without a reference to the specific number of feet that would be.
And I remember going through that in some detail back
whenever, and I think we always had in our mind that that three
stories probably would be over parking, We didn't express it that way
but your LDC allows under-building parking for any use.
And I think we had told the people back then, and Tammy and
Amy can refresh my memory because they were there with me. But I
think we always said it was going to be around 50 feet is what we
thought that height would be to support a three habitable story
building.
COMMISSIONER CARON: That was what was stated in the
hearings at the time?
MS. ARNOLD: Yeah. That's my recollection. I didn't go back
and look at the minutes, but that's what I've had in my mind since the
time of that.
To reference the setback, we have made some modifications to
the setback. And, you know, hopefully the fact that our neighbors are
here supporting us means that they are supportive of it. We've given
them I think in lieu of -- at the time we had a commitment on a buffer,
which the buffer's been increased and the preserve area's been
committed to being closer to the Wilshire Lakes Fieldstone Village
Condominiums. So I think that helps them.
The orientation of the one building puts the narrow side to them,
so the view of that's minimized, And that was done very consciously
and I think with their input, too.
The other thing I would say that we've asked for, originally we
had 100-foot setback from our eastern property boundary, which is
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probably the one setback that you're most concerned with. And I just
looked at the site development plan that we prepared, and I think we're
around 80 feet from the property line with that building edge.
And I think our neighbors are okay with what we've shown
them. And I guess to the extent we can increase the eastern setback to
something greater than what's expressed in the PUD document, we
certainly could do that.
But I think there were several factors that drove those changes.
COMMISSIONER CARON: In our code -- and this is actually
for Jeff -- we don't have a definition for retirement community, do
we?
MR. KLA TZKOW: I don't believe so. But I don't believe that's
necessary. I think you would use the common usage of what a
retirement community would be.
COMMISSIONER CARON: Okay.
And we also don't have one for independent living either, right?
MR. KLATZKOW: With the same response, yeah.
COMMISSIONER CARON: Which is why I was the
commissioner that asked that a list of commitments be brought to this
board. Because without that, this is nothing more, according to their
permitted uses, than an apartment building and/or a condo, because
they could convert the day after approval to a condo, with a density of
25 units to the acre. With no commitment to anybody other than that
they must be 55 years of age.
The commitment list, which I'm hoping that we'll get a copy of,
that goes toward making this actually a retirement community in the
most general and common use of the term, or independent living
community in the most general and common senses of the word, I
think we all need to get a copy of that from you all.
But that went a long way toward providing the information that I
require. Certainly that it wasn't just a condo waiting to happen.
CHAIRMAN STRAIN: Okay. Any other questions of the
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applicant?
(No response.)
CHAIRMAN STRAIN: Well, Rich, we get to go through my
questions.
Did you provide a modifiable electronic format of this PUD to
staff?
MR. YOV ANOVICH: To my understanding we did.
CHAIRMAN STRAIN: I got the affirmation from staff. I want it
on record. So that's going to be a question that we ran into before.
Your point about the GMP amendment. I had questioned that on
staff. I have a I ist of my questions that I gave staff earlier so they
could have the ability to come better prepared to answer them.
That was on there. And the response I got was the following:
This issue is under discussion with Susan, Ray and Corby, David
Weeks and Margie Student and Jeff Klatzkow. Initial discussions
seem to be leaning towards the same conclusion. I will advise of the
outcome.
MR. YOV ANOVICH: What was the question?
CHAIRMAN STRAIN: If the .6 needs to be a deviation to the
LDC.
I understand you're looking for clarification. But if we start
doing that, because our GMP is a dominant document we might as
well start going into every PUD and doing the same thing, believing
that we have to reclarify everything that's in the GMP.
I'm always trying to make our documents less cumbersome and
more plainly read. So I'd prefer not to see that there, if it's legally not
needed. And I'll have to turn to Mr. Klatzkow to respond.
MR. KLATZKOW: Yeah, I don't think it's legally needed. It's
just a question of -- it's ease of access of the information is the issue,
that you're able to pull the PUD and it's right there and you don't have
to go back to the GMP.
If you want it in there, it's fine. If you think it's not necessary
March 6, 2008
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because it's redundant, that's fine, too.
CHAIRMAN STRAIN: It's in the PUD. But I don't think they
need to list it as a deviation in the PUD as well.
MR. KLATZKOW: Yes, I agree.
CHAIRMAN STRAIN: That's what I'm getting at.
MR. KLATZKOW: I agree.
CHAIRMAN STRAIN: Okay. So deviation number one, ifno
one objects, I would like to see that removed, just to keep it less
cumbersome.
Okay, the other item is -- well, I'll just walk through them as we
get them all laid out. I'm going through parts of the staff report first.
Richard, the time frame on this, because our transportation
department can't get ahold of their contractor on that particular job in
front of your project, and that's been an eyesore in this community for
so long, not the project but the road, do you have any objection
withholding your permit applications until the road is C.O.'d?
MR. YOV ANOVICH: You're going to C.O. the road?
CHAIRMAN STRAIN: Accept into the road. You know, the
standard language.
And by the way, if you recall, I asked for this when Vanderbilt
Beach Road, before it started, on your projects up closer to 951.
Everybody assured us that Vanderbilt Beach Road would be done
before your project was done. Well, your project's done now;
Vanderbilt Beach Road is not even close to be being done.
And I just don't want to see this compounding itself again and
again. And I'm talking about the section from Oakes Boulevard to
Livingston Road, which would be the section affecting you most.
MR. YOV ANOVICH: Well, I mean, we are basically in with
our site development plan. So we would like to be able to continue
processing the site development plan and get our building permits and
start building the project.
So I would hate to wait until a road that's already under
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construction actually gets finished. Plus I don't know even when that
date is or anticipated to be.
CHAIRMAN STRAIN: Well, you should say that in past tense.
It was anticipated to be a while back and we're still not even there yet.
I was driving on the road two days ago, and the backlog to wait
in line there was ludicrous. And I just -- I'm having a hard time with
that point, Rich. And I had that repeatedly with projects on that road.
MR. YOV ANOVICH: Right. And realistically we probably
wouldn't C.O. any units until-- how long? How long before we have a
C.O. for units? A year, at least? About a year?
And plus it's a retirement community, so it's not going to
generate a lot of trips anyway. So I would hope that we wouldn't have
to be held up until the completion of the road.
I understand the issue, but --
CHAIRMAN STRAIN: Well, there's two timings. There's one
that could -- involving the issuance of a building permit and there's
one of a C.O. of a building permit, and each one would generate
different demands on the road system.
Mr. Klatzkow, if we were to issue a building permit, could we
hold a C.O. up if a stipulation was added that the road had to be
completed before C.O.'s were issued to the buildings?
MR. KLATZKOW: I don't have any problem with withholding
C.O.'s until that road is substantially completed. And I think that's the
term you want, substantial completion.
CHAIRMAN STRAIN: Okay.
MR. YOV ANOVICH: But we may have a problem with that,
but --
CHAIRMAN STRAIN: Well, maybe then somebody ought to
put pressure on the transportation department to get that road done.
I'm tired of it.
Was that Nick clapping?
MR. YOV ANOVICH: And honestly, 1 don't think that this is the
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best economic times to be telling people don't go hire contractors and
put people to work. I mean, you've got someone who's willing to go
out here, invest a lot of money in Collier County and employ people
who need employment. I would hate to see us hold this up for this type
of project. I think this is a different type of project than others.
CHAIRMAN STRAIN: I know, Richard. And that road system
is a disaster. I just don't know what to do with it. We're only making it
worse every time we add more to it.
Your previously projects added a pile. And they're all partially
finished. Some of them are all finished. I know your buildings are
somewhat empty, or the one in front of the projects you brought
forward.
But if they were all occupied right now, it would be even worse.
You can't get -- it took me three miles yesterday morning -- three
miles to transverse that road, it took 30 minutes. I was so mad I text
messaged Nick, but he didn't respond. I'm sitting there in this line
typing up notes because it was so frustrating to sit there. And I have to
do that repeatedly each week, and it shouldn't be that way. And I'm
not the only one sitting in these lines. And so at some point we've got
to say okay, we've got to control it a little bit better, and that's all I'm
asking.
And I understand your point, I'm just -- unfortunate you're here
at the timing of this road.
Nick's walking up. I think he's finally figured out maybe he can
respond to us.
Nick, you got a time frame on that road?
COMMISSIONER ADELSTEIN: No, he's going to quit his job.
CHAIRMAN STRAIN: No, don't do that.
MR. CASALANGUIDA: For the record, Nick Casalanguida,
transportation.
Mark, I always enjoy the comments you have for transportation.
We're actually moving quickly now. They're building out over a
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March 6, 2008
million dollars a month. They moved traffic to the north side of the
road. Most ofthe utility work has been completed. The portion by 1-75
has already been -- the curb returns have been done. So we expect to
be done by the end of this year. While late, they are moving quickly
now. So by the end of December of2008 we expect to be completed.
CHAIRMAN STRAIN: How confident do you feel in that date?
MR. CASALANGUIDA: Very confident now, because the
eliminations of the utility conflicts are gone, and the north side of the
road is paved, and so they'll be able to work quickly on the south side.
CHAIRMAN STRAIN: Okay. Thank you for your input. I
appreciate it.
MR. CASALANGUIDA: You're welcome. I always enjoy
coming up and explaining.
CHAIRMAN STRAIN: I thought you were clapping about the
road.
Richard, if you went in for a building permit at the time you got
your second submittal ready for your SDP, because you'll have many
submittals, you got your building permit and then you started
construction, you couldn't get this building built, what, in less than 15
months, maybe 20, 24? Have you got a time frame on your
constructi on?
MR. YOV ANOVICH: Sixteen months.
CHAIRMAN STRAIN: Okay. So if you had a restriction on
your C.O.'s, no C.O.'s issued until prior to the end of2008, that
wouldn't affect you then.
MR. YOV ANOVICH: If you put a date certain that says
December 31, 2008, let us think about that, I -- the open-ended issue
for us is once we start going, you know, we need to be able to let
people move in.
CHAIRMAN STRAIN: Mr. Klatzkow?
MR. KLA TZKOW: In the past, just as a reminder, we have
staggered C.O.'s over time so that you can get like one-third in one
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year, another third the following year, you know, or until the road is
substantially completed. It's another approach.
MR. YOV ANOVICH: We can't do one-third of a project here.
We need to be able to just go do our project and get people moved in.
CHAIRMAN STRAIN: Well, you've got a 16-month
construction date, which I doubt if you'll hit. But even if you do, that
puts you well beyond the end of2008.
MR. YOV ANOVICH: Which argues against having to put any
restriction in here at all.
CHAIRMAN STRAIN: Well, just to be safe.
Anyway, that's -- I'm leaning in that direction. I just wanted to
have the conversation.
Under Exhibit B, PUD findings, let the record note that there's
been some changes to the PUD findings. They were sent -- passed out
to all of us this morning, and the court reporter has one for the record.
They involve some clarification of staff issues on there. And I don't
think we need to go into them. They weren't critical, they're just
cleanup of the document.
There is a consistency review memorandum in our package. I
asked staff to verify that the changes to the project that are currently
proposed do not change the outcome of that consistency review
memorandum. I've got an affirmative from staff that that is the case.
And I'm sure staff will reverify that when they come forward.
Brad, just so my notes are right and I word the stipulations
correctly, what was the change you asked for in the page -- I think it
was Page 1 of the PUD?
COMMISSIONER SCHIFFER: Page 1. It was l-A-1. Put the
word combined before maximum.
CHAIRMAN STRAIN: Okay, thank you.
On that same page, I asked staff, and I guess the applicant was
contacted, that items I-B-3, there be a reference in there that those
particular facilities would be restricted to residents only. I understand
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there's no objection to that.
MR. YOV ANOVICH: Correct.
CHAIRMAN STRAIN: Okay.
MR. YOV ANOVICH: I was just going to say that. Residents
and their guests, correct?
CHAIRMAN STRAIN: Well, would their guests create more of
a parking problem? You're asking for a reduction in parking because --
MR. YOV ANOVICH: I understand.
CHAIRMAN STRAIN: -- you're not going to have a lot of
people there.
MR. YOV ANOVICH: Are you basically going to tell me that if
I go visit my grandmother, I can't go eat dinner with her on site?
CHAIRMAN STRAIN: Oh, 1 see what you're saying.
MR. YOV ANOVICH: That's what we're talking about.
CHAIRMAN STRAIN: I was more concerned about the beauty
shop and I couldn't figure out why you'd need that, Rich.
MR. YOV ANOVICH: Well, every once in a while I need a little
trim. I know it's a little short right now but, you know, you never
know.
CHAIRMAN STRAIN: I have no problem, residents and guests,
and that's fine. I just didn't want it opened to the public before it
becomes --
MR. YOV ANOVICH: I understand that. I just didn't want to get
caught on something.
MS. ARNOLD: In might, just to clarify the point, I think in the
industry they're considered private amenities, not public. And if there's
a reference to -- and if the concern is that I can call up and go get a
salon appointment there or something, that's certainly not the case. So
I don't know how best to reference it. But it's not the intent to have
these open and available to the public. Residents and guests.
CHAIRMAN STRAIN: Yeah, I understood that. I wanted to
make sure the language didn't allow any change that could have been
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modified.
COMMISSIONER CARON: Probably saying private amenities
is a good thing to do. I mean, that's what they are, and let their be no
question about it in the future.
CHAIRMAN STRAIN: I agree.
Okay, development standards table. I guess I got a response from
staff that probably fixes it. On the double asterisk, you're going to
remove the words per subdivided lot; is that correct?
MR. YOV ANOVICH: Yes.
CHAIRMAN STRAIN: Okay. And the next one -- go ahead,
Ms. Caron.
COMMISSIONER CARON: I have a question about that.
Explain to me what that means then, the maximum floor area
ratio, excluding parking areas under buildings.
MR. YOV ANOVICH: It's our understanding that you'd never
included under building parking anyway under the floor area ratio
calculation. We just wanted to make it very clear in the PUD
document that the below building square footage doesn't count against
our .6 floor area ratio.
CHAIRMAN STRAIN: Page 8 of the PUD, Item B-3. And staff
did respond to my concerns on this. And I'll read you what my
concerns were, so then you may be -- maybe the rest of the panel will
understand why I suggest it might be struck.
Seems that it's poorly worded, should someone actually exercise
the option. If the developer does not have any costs, what happens to
the landscaping that is removed to build this wall? Is a berm needed as
well? Who pays for the wall, the required landscaping, the irrigation,
the perpetual maintenance? And how is all this handled by this
paragraph? Obviously it isn't.
I'm concerned that by just putting a broad sweeping statement in
a PUD like that, it might end up being more confusing than just letting
the language of the GMP stand on its own. And should someone want
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to come in and put a wall there, it's permitted by the GMP and they
can deal with the process through staff the way it has to be instead of
referencing it in the PUD.
And I don't think the applicant had a problem with striking it,
and i[I remember staff didn't seem to have a problem with it. As long
as the panel doesn't, then I think it would be better if it wasn't there.
Strike.
COMMISSIONER CARON: What number is that?
CHAIRMAN STRAIN: Exhibit F, B-3.
Okay, and I think that's -- oh, one other question on the transpor
-- fun thing for Nick. I know this has been affirmed, and staff or
somebody can probably just tell me. In the old PUD they had a
transportation commitment providing a right-of-way. I want to make
sure before we approve a new PUD the old PUD commitments were
satisfied.
MR. YOV ANOVICH: Yeah, they've been satisfied. But you can
check with Nick.
CHAIRMAN STRAIN: No, 1 just want it for the record so that
there's no question that that's already been done and that's why it isn't
in the new one.
Okay, with that I'm done with my questions. And if nobody else
has any further of the applicant, we'll go to staff.
MS. DESELEM: Good morning. For the record, my name is
Kay Deselem, I am a principal planner with zoning staff.
And you have already gotten the full force of the applicant's
presentation. He's gone into detail about what's being proposed. You
do have the staff report that was sent to you that addresses staffs
Issues.
We did talk about the deviations and what is proposed. We did
go into the information about the surrounding land uses and zoning,
the growth management consistency. And then some questions came
up with that again today.
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And we do have someone here today, Corby Schmidt is here. He
is the author of Exhibit C, which is the full comprehensive plan
amendment memo -- or comprehensive plan analysis memo, and he
can address any specific questions you might have that I can't answer.
But staff is recommending that this petition be found consistent
with the Growth Management Plan and the elements of that to include
but not limit to the future land use, the transportation and the coastal
area management plan as well.
We did provide a zoning analysis and a staff analysis that
included environmental transportation, utility, emergency
management, housing, and parks and rec. staff, as well as a lengthy
. .
zonIng reVIew.
We went into detail regarding the consistency of the project with
Policy 5.4 of the FLUE, noting, as was discussed earlier, things like
the building orientation and the location of the preserve area and how
it helps to address compatibility issues.
And we are recommending that this particular project be found
compatible, therefore consistent with that particular policy.
We did discuss the deviations, and we are in agreement as noted
with the withdrawal of the first deviation. Weare recommending
approval of the other three deviations, and the staff report includes the
discussion and an analysis of those deviations.
In summary, we are recommending approval of this petition, and
recommending that it be found consistent with the Growth
Management Plan.
And if you have any questions, I'd be happy to try to address
them.
CHAIRMAN STRAIN: Okay, are there any questions?
Mr. Murray?
COMMISSIONER MURRAY : Yeah, there's a -- one on page --
on your staff report, Page 10 of 12. It's the -- let's see, call it the
second paragraph up.
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On the third line it says, these buffers will be placed in available
planning areas to provide filtered screening. And I just wondered, is
that a common term? I looked at it and I said it seems almost
redundant. I didn't know what filtered screening was.
MS. DESELEM: Well, it's not a total opaque screen. I think the
terminology is just to understand that there will be some filtering. But
it's not a total screen. But I can see where --
COMMISSIONER MURRAY: Is that something that we accept,
that we typically use?
MS. DESELEM: Yeah. IfI understand it, this is common
terminology --
COMMISSIONER MURRAY: That's what I'm asking.
MS. DESELEM: -- used in the landscaping field.
COMMISSIONER MURRAY: And ifit is, then I'm comfortable
with it. That's fine.
The other question, which is more serious by a long shot, is
Commissioner Caron raised the question about 25 units per acre. And
for the record, what is it that we have -- were this to be approved, what
is it we have that would preclude conversion to condominiums and
establish a 25 unit per acre situation?
MS. DESELEM: I think in addition to the limitations ofthe uses
that we have, along with the commitments that were offered today by
the petitioner as far as what amenities will be provided, I think that's
going to maintain this particular project as this retirement community
that they spoke of.
And I don't think it was ever intended multi-family units that
would be available to the general public. That's not listed as a use. It is
clearly for the retirement community.
COMMISSIONER MURRAY: So what I'm establishing for the
record is that in order to have it converted to a condominium, they'd
have to come back for a PUD revision, if that were possible, correct?
MS. DESELEM: That was my understanding, it would require
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an amendment.
COMMISSIONER MURRAY: Thank you. Okay.
CHAIRMAN STRAIN: Any other questions of staff?
(No response.)
CHAIRMAN STRAIN: Okay. Well, I guess there's public
speakers. Kay, would you like to call the public speakers.
MS. DESELEM: Yes.
CHAIRMAN STRAIN: I ask that the public speakers try to limit
their discussion to five minutes, and use either one of the
microphones.
MS. DESELEM: We have one speaker, Paul-- I'm going to spell
the last name -- I believe F-E-L-I-E-R.
MR. FELlER: I wasn't planning on speaking, but I heard -- I'm
the president of Village Walk Homeowners Association. We have
about -- not about, we have 850 homes, about 1,700 residents living
there. And the proposed project is directly across from our
development.
What I'd like to do is just let you know that we did send in a
letter supporting this project. But more importantly, I think the way
the project was handled. I believe the family, the Turner family, sets a
standard with the way most developments should be handled.
To begin with, this project originally -- or I should say prior to
this project being submitted there was the intent to put in storage
facilities directly across from our development. We were of course
upset about the idea of a storage facility there.
We asked to meet with the Turner sisters. We did. Mr.
Y ovanovich was there at the time. And what they basically said is
we're going to be your neighbors and we want to do what's best for
you. You tell us what you want. And we did.
And they worked with us. They kept us informed from day one.
And right now as we see it, they've done exactly what we were hoping
they would do, and we fully support it. Thank you.
March 6, 2008
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CHAIRMAN STRAIN: Thank you, sir.
Kay, that's the last public speaker?
MS. DESELEM: Yes, sir.
CHAIRMAN STRAIN: Richard, I don't imagine you need a
rebuttal, because nothing seems to be going against you, but you can
certainly try to --
MR. YOV ANOVICH: No, I'm not going to try to do that. I just
wanted to see if we can agree on the language for the PUD document
itself so we know what to expect if it has to come back.
I understand the change that Mr. Schiffer was talking about. And
we thought that we'd address the private amenity comment in Exhibit
A, b-1-3 by adding, before that starts, private amenities such as, and
then, you know, the beauty and barber shops continued on. So we
thought that that would help explain.
That's aliI wanted to -- see if we can agree on that language.
CHAIRMAN STRAIN: Okay, thank you.
With that we'll close the public hearing and we will entertain
discussion before the motion. Is there any discussion?
Ms. Caron?
COMMISSIONER CARON: Yeah. Actually, I just -- I need to
speak to staff on two issues. One, Corby is here, and I'd just like to
speak to him.
Corby, the list that the petitioner is providing that actually
defines what a retirement community is, I'd like to know what compo
planning has to say about that list.
MR. SCHMIDT: Certainly.
Compo planning is comfortable with those commitments. The list
of six helped define the continuing care facility. And we're
comfortable with those being a part of the PUD package and
guaranteeing that it meets the intent of the compo plan.
COMMISSIONER CARON: Okay, then I'm going to ask you.
You said it defines the continuing care portion. So it doesn't help
March 6, 2008
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define the retirement community portion? Because it says here
retirement community or continuing care communities. So do they
only need it if they decide to be a continuing care community?
MR. SCHMIDT: No, it is not --
COMMISSIONER CARON: I want to be very specific about
this.
MR. SCHMIDT: It is not for one or the other. We would ask that
those commitments be included, regardless of what terminology is
used.
COMMISSIONER CARON: Thank you. That's all I had for
Corby.
And just, Kay, one of the -- just a question here. This retirement
community is going to be housing seniors. And the petitioner has said
starting mostly in their seventies and going up from there, as long as
they're at least somewhat able to take care of themselves.
There is a note in the staff report that says that this development,
as do a lot of them here in this community, place some stresses on our
emergency management.
It's my understanding that in communities like mobile homes we
require their clubhouses to be hardened so that their people can shelter
in place. Would that not be a good idea for a community such as this,
to have their clubhouse be hardened --
MS. DESELEM: As a professional--I'm sorry, go ahead.
COMMISSIONER CARON: -- so that they could shelter in
place if --
MS. DESELEM: As a professional planner, it sounds like a very
good idea. However, we don't have any Land Development Code or
other regulation that requires it.
COMMISSIONER CARON: Okay. I'll just ask the petitioner if
that might be something they would consider.
CHAIRMAN STRAIN: Well, first of all, let me make it clear.
We've reopened the public meeting because I didn't want to close it. I
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thought we were having discussion on a motion. So we'll continue
with the testimony and then we'll go back and close it again, in case
anybody else has to comment on it.
So go ahead. And the petitioner I think was asked a question.
Was that it, Ms. Caron?
COMMISSIONER CARON: Uh-huh.
MR. YOV ANOVICH: I don't believe we're within any real
hurricane zones, ifI remember correctly. I think it's Category 3, or--
COMMISSIONER CARON: Three.
MR. YOV ANOVICH: Three.
So I don't think we planned on building this to be a hurricane
shelter.
Now, I don't think that it's really necessary to do that. I mean, as
far as stressors on the emergency management system, we're paying
impact fees just like anybody else, and I'm sure that the impact fee
schedule has factored that in as far as EMS goes and the sheriffs
office and all those other uses.
So I think we are paying for our impact, and I don't think the
requirement to make this a hurricane shelter is necessary for this
project in this area.
COMMISSIONER CARON: Okay. Well, if we have another
Wilma, your people will have to evacuate, and --
MR. YOV ANOVICH: Ifwe have another Wilma, I think we're
all going. So I don't know that we want them to stay there. We
probably all want to go a little bit further away.
COMMISSIONER SCHIFFER: Donna, a comment.
First of all, Wilma was not a strong storm. So, you know, the
storm you've got to fear is not Wilma.
The fact that these units are raised up and everything, they're
going to have to go through the building code regulations. So, you
know, I think the people would actually be safer above ground than
they would on ground in the clubhouse.
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So with proper construction of the buildings up, to a Category 3,
when they're going to have to evacuate anyway, they're in good shape.
CHAIRMAN STRAIN: Okay, are any other questions from the
applicant? Any questions from staff?
(No response.)
CHAIRMAN STRAIN: Are there any other public speakers?
MS. DESELEM: There are no public speakers.
I just wanted to make sure that we clarify the motion when it's
actually made.
CHAIRMAN STRAIN: We're still going to close -- now we're
going to reclose the public hearing, and now we'll entertain discussion
on a motion and then go to the motion.
Is there any discussion on the motion?
COMMISSIONER SCHIFFER: Mark, the only --
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: -- thing that's come up that I'm
-- is the putting a restriction on their C.O.'s. If they had a permit in
hand and they could build this by the end of the year, the traffic
problem would be the spectator parking watching them do that, I
think, so --
CHAIRMAN STRAIN: Well, actually, Brad, with Nick's
guaranteed, absolute, positive assurance, as he put his life on the line,
Nick said that this will happen, that at the end of the year we will have
this road completed. I have no doubt now. And I wasn't even going to
bring up a stipulation involving traffic. Nick carries that much
authority with the board. So I'm sure that it's not going to happen. Add
a little pressure to Nick.
Is there any other discussion?
(No response.)
CHAIRMAN STRAIN: I'll read the stipulations I was thinking
of adding to this when we got it read, and then we'll go into the
motion.
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The six criteria for operational services that were presented by
the applicant will be added to the PUD.
That we will change -- we'll add a word under Section l-A-l, the
reference of combined -- the word "combined" in front of "maximum"
for the FAR.
The deviation number one will be removed.
Under I-B-3 we'll add the words private amenities such as in the
beginning of the paragraph.
Exhibit F, B-3, that paragraph will be struck.
And the stipulation would include approval of the remaining
three deviations.
Is there any stipulations or thoughts that were missed?
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: At one point we said residents
and guests only.
CHAIRMAN STRAIN: Well, that was replaced by private
amenities such as.
COMMISSIONER VIGLIOTTI: Okay, so that's out.
CHAIRMAN STRAIN: Right.
MR. KLATZKOW: Did you get the double asterisks?
CHAIRMAN STRAIN: Oh, yeah, the double asterisk. Thank
you, sir. The double asterisks removes the reference to the
subdivision, that language should be struck.
Ms. Caron?
COMMISSIONER CARON: Minimum 40-foot buffer on the
eastern border and the interconnect.
CHAIRMAN STRAIN: That's all--
COMMISSIONER CARON: Which is not showing here, but the
interconnect shows on the master plan, so --
CHAIRMAN STRAIN: Right, okay.
Anything else?
Mr. Y ovanovich?
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Marc! 62hol A
MR. YOV ANOVICH: We -- and just so we make sure we put
the six operational things in the right place in the PUD, we anticipated
adding that under Exhibit A, creating a new I-C.
And that way it would be in a location where everybody would
expect the operational standards instead of later in the document or the
development commitments, if --
CHAIRMAN STRAIN: No.
MR. YOV ANOVICH: -- that's acceptable.
CHAIRMAN STRAIN: Permitted use is where it should be. I
would agree.
Does everybody agree with that?
Okay. Now, with those stipulations, does staff understand the
stipulations?
MS. DESELEM: Would you repeat the first one you said,
please?
CHAIRMAN STRAIN: Add the six operation criteria to Exhibit
A-I-C.
MS. DESELEM: And the second one, something about Exhibit
A.
CHAIRMAN STRAIN: Add to Exhibit A, item A-I, the
comment that Brad had, add the word "combined" before the word
"maximum".
MS. DESELEM: Thank you.
CHAIRMAN STRAIN: Is staff clear on all of them now?
MR. KLATZKOW: Yeah, could we just get those six additional
ones on the screen?
COMMISSIONER CARON: And we'll need copies ofthose as
well.
CHAIRMAN STRAIN: Well, yeah.
MS. DESELEM: If I may, I just had one question for the record.
There was some discussion about two meals maximum per day. Is that
included? It's not listed on here.
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CHAIRMAN STRAIN: I don't think it needs to be.
MS. DESELEM: I just wanted to make sure.
CHAIRMAN STRAIN: You want to get into how they do their
laundry and all -- I'm not sure we need to get into those kind of
operational details. This is plenty to protect the intent of what the
question was.
Mr. Midney?
COMMISSIONER MIDNEY: Well, so we would say at least
one meal a day?
CHAIRMAN STRAIN: I don't think that's an issue we need to
get into. The concern was to make sure that this was being used as an
independent care facility, not as an apartment. I think these six clearly
do that. I mean, to add more, where do we stop?
MR. KLATZKOW: And just for clarification, what this is is
independent living facilities. Are we including the retirement
community?
MR. YOV ANOVICH: Okay, we're -- continuing care retirement
communities, assisted living facilities and skilled nursing are all
licensed by the State of Florida. And they're defined terms. So I don't
think you need to add the -- we don't object to it, but I don't think you
need to.
It's the only -- the only term that's not regulated by the state is
the independent living facilities. And that's what I heard was the issue,
please make sure you got these operational levels of things for
independent. We can do it all, but you really don't need to. It's kind of
overkill, if you will.
MR. KLA TZKOW: What I'm saying is they could put in a
retirement community and it will have none ofthis.
MR. YOV ANOVICH: No, it says on this thing, it says for
independent living facilities.
MR. KLA TZKOW: Right. But it doesn't say retirement
community .
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CHAIRMAN STRAIN: So I think what he's suggesting is
independent living units and retirement community.
MR. YOV ANOVICH: That's fine. That's fine. That's not a
problem.
CHAIRMAN STRAIN: Thank you, sir.
MR. YOV ANOVICH: Good point. I get it now.
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: To me on-site dining is kind of
ambiguous. That could just mean that they eat on-site. I mean, the idea
is that meals will be offered to the residents on a daily basis.
CHAIRMAN STRAIN: Well, I mean, that's great, but why don't
we just tell every PUD they -- I mean, I don't understand why you
would single this one out for that purpose.
COMMISSIONER CARON: Because this is not any PUD, this
is an independent care facility.
CHAIRMAN STRAIN: Right.
COMMISSIONER CARON: So what you want to do is just
make sure that in their clubhouse they actually have a dining room and
they serve meals to these residents every single day. That's part of
what these people will be buying into. That's part of the care that these
people are offering. Why would you not --
CHAIRMAN STRAIN: Well, okay. Well, we're in a different
tact then, because originally I thought the intent of the clarification
was to make sure they weren't going to just have apartments in which
they leased out to people.
COMMISSIONER CARON: Right.
CHAIRMAN STRAIN: Now we're saying it's okay, you can
have your independent living, but now we want to tell you what
amenities you have to provide to your people.
COMMISSIONER CARON: They said that, not us.
CHAIRMAN STRAIN: I'm not -- I know that. But putting such
things in the PUD is a little more, I don't know, detailed than we may
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want to get into. We're going to set a precedent in that kind of stuff
and I'm not sure it's needed.
If they don't -- if they do three meals a day or they do one, what
difference does it make? The people who live there will pay for the
service that they're getting.
COMMISSIONER MIDNEY: What do you think, Mr.
Y ovanovich?
MR. YOV ANOVICH: We don't have an objection to having a
meal plan being provided to the residents. If you feel that you need to
put that in the PUD, that's fine.
CHAIRMAN STRAIN: I'd like to know what you're going to
serve at each meal.
COMMISSIONER VIGLIOTTI: What time is breakfast?
COMMISSIONER CARON: He'll provide you a menu.
CHAIRMAN STRAIN: I mean, it gets into that kind of stuff,
because your meal could be a box of cold cereal. And I'm sure Paul
doesn't intend that.
I'm just worried where this can go if we get into that kind of
detail in a document that's a record like this that's a zoning document.
The amount of meals a person gets is not a zoning issue. And if we've
got it locked in so they can't be anything but what they've claimed to
be under a permitted use, that seems to me the extent the zoning ought
to apply.
We get into health and how organically they're eating or not,
then I think we've got a whole realm of issues that we need to further
define if we want to put it in this document. And that's my only
concern. I'll go with what the majority feels is necessary.
COMMISSIONER CARON: Commissioner Strain will approve
it if you put a Starbuck's there, so don't worry.
CHAIRMAN STRAIN: Then you wouldn't have anybody living
there, because they'd be out flying around.
Mr. Schiffer?
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COMMISSIONER SCHIFFER: Yeah, Rich, number five, the --
what you're stating there is that there's going to be a pull cord that will
immediately trigger -- and I guess since it's 9-1-1, it will go right to
the rescue station. Which most alarm systems don't really do that, they
go to central and stuff like that.
Is there a -- the concern I have is you may not even be able to
get that service.
MR. YOV ANOVICH: Okay. If it needs -- we will provide --
we'll get to 9-1-1, okay? Maybe I should just strike the word
immediate Iy.
COMMISSIONER SCHIFFER: Okay. That will --
CHAIRMAN STRAIN: Yeah, just strike the word immediately
and leave it will contact --
MR. YOV ANOVICH: Will contact 9-1-1. So if it goes in
between -- ifthere's someone in between.
COMMISSIONER SCHIFFER: Right. Because I don't think
you're allowed that privilege.
CHAIRMAN STRAIN: Okay. Are there any other comments to
the stipulations?
(No response.)
CHAIRMAN STRAIN: And now I've got to ask a really tough
question to staff. Now do you understand the stipulations?
MS. DESELEM: Yes, sir. Thank you.
CHAIRMAN STRAIN: You.
Do? Okay, does legal understand it? Because I understand that
you guys are going to be the ones that actually rewrite these
documents to accommodate all this.
MR. KLA TZKOW: We do that. And I've got everything on the
tape so that we can carefully go through each and every one of the
comments to make sure we get it right.
CHAIRMAN STRAIN: Was this discussion clear enough for
you to be right?
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MR. KLATZKOW: I hope so. I mean, I can't imagine it's not.
CHAIRMAN STRAIN: Okay. Well, you're going to come back
on a consent agenda anyway and we can double check it at that time.
MR. KLATZKOW: Yes, sir.
COMMISSIONER SCHIFFER: Do we have to do this on a
consent? This one's simple enough.
CHAIRMAN STRAIN: I think everything -- policy said
everything comes back under consent.
COMMISSIONER VIGLIOTTI: Everything, yeah. I'd rather
have another look.
MR. KLATZKOW: It keeps us honest.
CHAIRMAN STRAIN: I agree. I think it's a good thing to do.
Okay, with the stipulations acknowledged by everyone -- Mr.
Y ovanovich?
MR. YOV ANOVICH: No, no, I just want to make sure we're not
going to lose our -- you don't think there's any chance that this consent
agenda thing is going to make us lose our board date of April 8th.
CHAIRMAN STRAIN: It's the next meeting.
MR. YOV ANOVICH: I know, I just want to make sure.
CHAIRMAN STRAIN: It would be two weeks from today.
MR. YOV ANOVICH: I just want to make sure.
CHAIRMAN STRAIN: Well, I think that maybe you ought to
make sure you get a draft or you go over to county to make sure it's
written like everybody talked about today, and if you have a
discrepancy, you certainly discuss it ahead of time and you look at the
tape to see who was right and make sure it's right. I mean, that's the
way I would approach it.
COMMISSIONER VIGLIOTTI: We don't want another--
CHAIRMAN STRAIN: You come here unprepared, that isn't
our fault.
MS. DESELEM: IfI may, you may not get this particular PUD
document with the rest of the information you get for that agenda.
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Because my understanding, that stuff goes to the printer today, and so
it might be a few days later that you get this PUD document. Just so
you know.
CHAIRMAN STRAIN: Right. Well, on the consent agenda it's
been set up the same way. We've gotten them all along.
MS. DESELEM: Okay, just --
CHAIRMAN STRAIN: And we don't get executive summaries,
it's just the document.
MS. DESELEM: Correct.
CHAIRMAN STRAIN: So that's fine. That works.
Any other questions?
(No response.)
CHAIRMAN STRAIN: Is there a motion?
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I'd like to make a motion to
approve. I was going to -- with all of our changes, stipulations and
language changes.
I was going to add January 1st, 2009 C.O.'s, but I'm really
confident that Nick will deliver for us. And I really don't think we
need to tell them what kind of food they have to serve, when they
have to serve it. We have enough problems with our own zoning
issues rather than worrying about operational issues of a business.
CHAIRMAN STRAIN: So your motion was recommendation to
approve --
COMMISSIONER VIGLIOTTI: Approve.
CHAIRMAN STRAIN: -- pursuant to --
COMMISSIONER ADELSTEIN: I'll second it.
CHAIRMAN STRAIN: -- the stipulations read into the record?
Mr. Schiffer had his hand up. Is that the second?
COMMISSIONER SCHIFFER: Well, I'll second it then.
CHAIRMAN STRAIN: Okay. Seconded by Mr. Schiffer.
Is there any further discussion?
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March 6, 2008
(No response.)
CHAIRMAN STRAIN: All those in favor of the motion, signify
by saying aye.
COMMISSIONER SCHIFFER: Aye.
MR. MURRAY: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
MR. WOLFLEY: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 9-0.
Thank you all.
We have another couple of issues to go through. I really think
we can work through lunch and be done right after our normal
lunchtime, if the board favors that. With the instance we'll just take
like a 14-minute break right now. Is that okay with everybody?
Okay, we'll take a break till 11 :30.
(Recess.)
CHAIRMAN STRAIN: Okay, everybody, if you'll please take
your seats, we'll resume the meeting.
Kay, do you know how to turn -- Mr. Kolflat's having trouble
hearing on his end.
COMMISSIONER KOLFLA T: I think I'm hearing it now.
Item #12
DISCUSSION OF ADDENDA
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CHAIRMAN STRAIN: Okay, good. Thank you. You probably
didn't know how to do it anyway, but I thought I'd throw it at you.
We're going to change the agendajust little bit here. Because of
the discussion on the GMP Amendments, I was going to ask Joe to
provide us with some times that we could meet in the evening for the
Golden Gate ones, and then he would look into the lmmokalee ones.
Joe said that -- he just left and he said prior to his leaving they
haven't responded back to him yet. They're still working on dates. But
he did say the evening of the 17th is open.
Now, let me talk about the possibilities there. It's important for
the applicant in particular, because they have people coming in
apparently from all over, and if they came in on the 17th expecting a
morning meeting, they could still do the evening meeting on the 17th.
I know the evening meeting would work better for possibly the
residents in Golden Gate.
Now, we start at 8:30 in the morning on the 17th. So what I'm
suggesting is why don't we consider starting in the morning, stopping
at 3:00 and resuming at 5:00 or stopping at 2:00 and resuming at 5:00,
and at 5:00 stay in here and do just the two Golden Gate items, and
then do as many as we can from the morning until after lunch, or
however the board feels it might want to split the day up.
If that works. I think it would be a good accommodation if we
could do it. What do you all feel? Anybody?
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: The Immokalee you're not
addressing, you're just addressing --
CHAIRMAN STRAIN: No, just the Golden Gate.
COMMISSIONER VIGLIOTTI: -- just B, and C is the Golden
Gate for at night.
CHAIRMAN STRAIN: A would be offthe table for the 17th.
COMMISSIONER VIGLIOTTI: Right.
CHAIRMAN STRAIN: Okay? Band C we would move to the
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evening, starting at whatever time we decide, 5:00, 6:00, whatever.
And then what we would do in our regular agenda, we would
start at D and work our way through to whatever time we decided to
cut off. And we would do -- we'd set the cut-off date and times now.
Does anybody have any suggestions?
Mr. Adelstein?
COMMISSIONER ADELSTEIN: Question. You're talking
about 6:00 for something like this. We get done with a meeting, and
then basically I have a way of going to dinner with my wife at 6:00.
Or be there at 7:00, it would be much easier to get there.
CHAIRMAN STRAIN: You mean start at 7:00?
COMMISSIONER ADELSTEIN: You're starting -- yes.
CHAIRMAN STRAIN: No, I'm suggesting we start at 5:00 or
6:00. Ifwe start at 7:00 we'll be here till 10:00 or 11:00. We don't
want to do that.
COMMISSIONER ADELSTEIN: Okay, so when do you have
dinner?
CHAIRMAN STRAIN: Well, I'm just --
COMMISSIONER ADELSTEIN: You're going from one to the
next.
CHAIRMAN STRAIN: Mr. Adelstein, I just suggested that we
set a cut-off date earlier in the day, whether it be 12:00, 1 :00, 2:00,
3 :00, and we come back here at another time in the evening, so you
eat in between.
COMMISSIONER ADELSTEIN: Okay, I didn't hear that.
CHAIRMAN STRAIN: Okay. Does anybody have any thoughts
on the matter as far as --
COMMISSIONER MURRAY: 6:00 would be better, because
you'd be breaking -- you need to have your dinner if you of diabetes
issues and so forth.
COMMISSIONER ADELSTEIN: That's what I was worried
about.
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COMMISSIONER MURRAY: So you'd have to have something
in your -- so you can function and work effectively. So 6:00 would be
preferable.
COMMISSIONER ADELSTEIN: Absolutely perfect.
CHAIRMAN STRAIN: Okay, what about the rest ofthe board?
So we can start in the evening on the 17th with the two items in
Golden Gate at 6:00.
Now, what about the break point during the day? We would be
starting at 8:30 on Item D. How long during the day do you all want to
go before we stop and then resume in the evening?
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: How about 3:00? This was
we'll have from 3:00 to 6:00. Three hours. That will give us plenty of
time.
CHAIRMAN STRAIN: Okay, Mr. Adelstein. Anybody--
COMMISSIONER ADELSTEIN: No, that's good.
CHAIRMAN STRAIN: -- else have any comments on it?
(No response.)
CHAIRMAN STRAIN: Okay. So Kay or Jeff, or I don't know
who's taking notes for the county now, but on the 17th we will start at
8:30 in the morning, we will start with Item D on the agenda. We'll go
until 3:00. Wherever we stop, we stop. Or as close to 3:00 as a
convenient cut-off is, which will be prior to that, maybe at 2:30, if we
finish up with something.
Then we resume at 6:00 with Items Band C only, Golden Gate.
And that's the only two we do at 6:00.
And then of the two that are coming up, are you involved in any
of those, or is that comprehensive planning, Kay?
MS. DESELEM: I'm not involved in it, no.
CHAIRMAN STRAIN: Okay. Because when we resume at 6:00
that night we'll probably go by the number in the audience as to which
one we take first. More than likely it's going to be the second one.
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So does anybody on the Planning Commission have a problem
with that schedule?
COMMISSIONER ADELSTEIN: No.
CHAIRMAN STRAIN: Okay, then that's the way it shall be.
Mr. Klatzkow, are we legally okay on all that?
MR. KLATZKOW: I think we're very fine.
CHAIRMAN STRAIN: Good.
COMMISSIONER VIGLIOTTI: Question.
CHAIRMAN STRAIN: Yes.
COMMISSIONER VIGLIOTTI: Approximately how many
agenda items do you think we can get to? Because I'm going away and
I'm trying to figure out how many I should bring. I know we're going
to do the Golden Gate.
CHAIRMAN STRAIN: Well, we're going to do the Golden Gate
in the evening, so you've got two there. And I would not do A,
because we know that's going to be postponed. But I would do the
rest.
COMMISSIONER VIGLIOTTI: Oh, wonderful, thank you.
You've answered my question --
CHAIRMAN STRAIN: Honestly, Bob, I don't know. It's hard to
say . We could get a good presentation from staff, we could get a good
presentation from the applicant. We might find they all make sense,
we might find they don't. We might find out -- I just can't say. I'd at
least be prepared for at least four or five.
COMMISSIONER VIGLIOTTI: Okay. I just figured you might
have had a --
CHAIRMAN STRAIN: No, I don't. I don't have a feel for them
yet. I haven't read them all myself, so I haven't got into them myself
yet. After I would have read them I could have given you my own
opinion, but sorry.
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Item #10A
OLD BUSINESS - OUTDOOR SERVING AREAS' ORDINANCE
Okay, with that we will move on to the item under lO-A, old
business. And this is a review of the proposed ordinance for the
outdoor seating issue that came up before the Board of County
Commissioners. I guess it's been through our board, their board, they
finished with it and asked us to re-review it before final conclusion; is
that right?
MR. KLATZKOW: I don't really think they've looked at it. I
think they want to make sure that you're comfortable with this before
they actually sit down and go through it. Because they know you've
had a look at this before, as it were.
CHAIRMAN STRAIN: Okay. Well, we've -- generally we go
through these documents page at a time. And if no one objects, we'll
just start doing that the same way with this one.
And that gets us on Page 1, which is mostly whereas's. Anybody
have any concern with Page I?
(No response.)
CHAIRMAN STRAIN: Okay, Page 2, there's some
strike-through changes on Page 2.
COMMISSIONER SCHIFFER: I have --
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: This would be section 3-A,
applicability. What happens to areas of food where we carry food out
to it? In other words, in go to an establishment, buy something and
walk outside to eat it, is that considered serving food in an outdoor
area?
MR. KLATZKOW: I wouldn't think it would be. An outdoor
serving area to me is someplace where you'd have to be able to sit
down.
Page 97
Mar~ ~Jo' A
COMMISSIONER SCHIFFER: Okay. So in other words, ifI go
to an ice cream parlor, buy an ice cream cone and I sit on their bench
out front, it does not apply to this?
MR. KLATZKOW: I think that would apply to this.
COMMISSIONER SCHIFFER: Okay. So the fact that I carried
it out, it wasn't served to me out there meets this definition.
MR. KLA TZKOW: That's how I read this, yes.
CHAIRMAN STRAIN: Well, you know, Brad just brought up a
good point.
And I had -- and Brad, I don't mean to jump in, but it might help
your answer.
In section two, definitions, we've got two definitions. But I
thought one was missing, and that was the definition for outdoor
serving area. Do we want to add a definition? That may actually have
answered Brad's question.
MR. KLATZKOW: I think that's an excellent idea.
CHAIRMAN STRAIN: Brad, does that work for you?
COMMISSIONER SCHIFFER: That's fine. It's just that -- well,
and my only other comment about the serving, you know, based on
what generated this thing, you know, I would just like to bring up the
thought that maybe we limit this to alcoholic beverages being served,
rather than just food.
Because if you read through this whole thing, you know, you
can't even have breakfast outside until 11 :00 in the morning. And did
this thing kill more than we were supposed to -- with the concern?
But, you know, if we want a definition of outdoor service area,
what is it?
MR. KLATZKOW: I'm going to have to sit down with the
people who drafted this and get it.
COMMISSIONER SCHIFFER: Okay.
MR. KLATZKOW: I did not draft this ordinance.
COMMISSIONER MURRAY: This would also go to a Burger
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~
11 March 6, 2008
King or --
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: -- anyone that has a table
outside. And they serve breakfast foods.
COMMISSIONER SCHIFFER: But they couldn't eat out there
till 11 :00.
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Did we at one point talk about
minimum number of people, maximum number of people before this
thing kicks in? I know we talked about it but I don't see it here.
COMMISSIONER SCHIFFER: It's been all over the --
COMMISSIONER MURRAY: First iteration.
CHAIRMAN STRAIN: Guys, we can't keep talking out of turn,
the court reporter can't take our comments. So please, let one person
finish before the next starts.
COMMISSIONER VIGLIOTTI: I felt much more comfortable
with, you know, minimum of 10 people, something like that, where
the little mom and pop wouldn't be affected. Where here everybody is
affected.
CHAIRMAN STRAIN: Well, maybe that's something that can
be further defined when you define outdoor serving area as having a
quantity --
MR. KLATZKOW: Well, is that the recommendation of the
Planning Commission that we have a minimum number of tables, for
example?
CHAIRMAN STRAIN: Before it kicks in?
MR. KLATZKOW: Yeah.
CHAIRMAN STRAIN: Well, if we do that, then okay, what is
the minimum number? How do we find that out. And does it apply to
a Stevie Tomatoes minimum number or just to an ice cream parlor
minimum number?
COMMISSIONER VIGLIOTTI: I would say a minimum of 10
Page 99
MarcJ6?2Jof A
or 12 people. I know in the city over nine or 10 people you need two
bathrooms. So nine is a cut-off between small restaurant and larger. So
I'm happy with nine or 10 people. Anything smaller than that, I don't
think it's an issue.
CHAIRMAN STRAIN: Anybody else?
COMMISSIONER SCHIFFER: Well, you know another--
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Another concern, too, the way
this is written is that, you know, even somebody who puts seating out
back for employees might get -- because there's -- you know, I mean,
they're not actually operating something that's serving food. But this
could be really a disaster on controlling and really make every little
outdoor seat that we see benches and everything to be pulled into this
resolution.
CHAIRMAN STRAIN: Why don't we approach it this way: Jeff,
the zoning department has had a lot of experience with this, and
undoubtedly code enforcement. Why don't, when you come back with
a definition of outdoor serving area, include input from them into the
sizing and the way that's defined so it only -- we have a certain
limitation, and then let us chew on that. That might be the way to
approach it.
MR. KLATZKOW: Oh, well, this is coming back to you, yes.
CHAIRMAN STRAIN: Okay. Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I have some additional
comments.
CHAIRMAN STRAIN: We're still on Page 2.
COMMISSIONER VIGLIOTTI: Okay. I'm on three, sorry.
CHAIRMAN STRAIN: Let's just stay with Page 2 till we're
finished.
COMMISSIONER SCHIFFER: I have some more twos.
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: You know, we call this thing --
Page 100
MarchlqckJ A
we get a one-time permit and then we call it a temporary use permit.
But isn't it just a permit? I mean, why are we dragging the word
temporary in all the time? Does that make it easier to get rid of it or to
yank it or -- a permit's a permit. If you violate the conditions of the
permit you can get it removed.
I mean, the -- calling it a one-time permit, then a temporary use
permit. Why isn't it just a permit?
CHAIRMAN STRAIN: Jeff, who wrote this? I mean, obviously
-- you said you didn't. So maybe --
MR. KLATZKOW: I didn't write this. This is zoning staff that
wrote this.
CHAIRMAN STRAIN: Well, who should we be addressing our
questions to and who should be here answering them today?
MR. KLATZKOW: That would be zoning staff.
CHAIRMAN STRAIN: Well, why aren't they here?
Okay, well, this is simple. Let's just table this issue until they
show up and we'll have it another meeting.
COMMISSIONER VIGLIOTTI: Perfect.
CHAIRMAN STRAIN: This is going to be a waste oftime and
we're going to go nowhere.
COMMISSIONER CARON: Thank you.
COMMISSIONER VIGLIOTTI: Thank you.
CHAIRMAN STRAIN: Okay, is everybody in agreement with
that? If we are, we'll move on to the --
COMMISSIONER ADELSTEIN: That's right.
COMMISSIONER CARON: Yes.
CHAIRMAN STRAIN: Next business is new business, which I
had the GMP meetings, we already discussed those.
Public comments. Richard, are you here to comment?
COMMISSIONER SCHIFFER: Mark, let me ask one.
CHAIRMAN STRAIN: Go ahead.
MR. YOV ANOVICH: I'm just trying to get some work done.
Page 101
Mar! ~, Jo~ A
COMMISSIONER SCHIFFER: During the last commission
meeting, Susan Murray was testifying about something and she noted
that the records for the county are only kept for 15 years. Is that true? I
mean IS--
,
CHAIRMAN STRAIN: I think what she meant -- well, at least
to my understanding, Brad, is from '79 back they don't know if they
have all the records.
COMMISSIONER SCHIFFER: She said 15 years. So that's, you
know, in the early Nineties.
Is that right, Jeff?
MR. KLATZKOW: Got my attention.
COMMISSIONER CARON: That's serious.
MR. KLATZKOW: I mean, I don't know what the issue is now.
CHAIRMAN STRAIN: I haven't heard that before. This is--
MR. KLATZKOW: But it got my attention.
COMMISSIONER SCHIFFER: But I wasn't wrong in -- okay.
The concern I had, especially like in this last case, this guy
would have no proof of what was happening to his property. Code
enforcement should take note of that too, maybe.
Also, there was mentioning a concern that the SIC codes weren't
sufficient enough to define fast food restaurants, stuff like that.
Is that true? Is there a better way we could be noting these
things? It was mentioned that the SIC codes are just some way to
track, you know, employment.
CHAIRMAN STRAIN: Well, they're talking -- the other code is
NAICS, you're probably familiar with that. And I've asked staff, why
don't we look at implementing that, since the Tax Assessor Office uses
it anyway and some of the other departments do.
But staff didn't feel that -- they feel it's more of a metropolitan
code and -- at least that was the input provided to me -- and it wasn't
one that was necessarily workable for Collier County. I didn't push the
issue, but I'm sure we can bring the suggestion up when zoning staff is
Page 102
Marl' jo~
.
here next meeting.
COMMISSIONER SCHIFFER: And if they're actually
describing using the SIC codes as the problem they're having in
defining bars and restaurants and stuff then maybe they should be the
one recommending we change it.
MR. KLA TZKOW: If the issue is you want to limit fast food
places, one approach you can take is to not have take-out windows.
These drive-through windows? I think if you eliminated drive-through
windows as a permitted use, I think that takes out the people you want
to take out.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Interesting. That's how they serve their
food, huh?
COMMISSIONER SCHIFFER: And then the other issue is that
they were discussing something as ifthere's some kinds of memos or
codes other than the LDC we have. And I was curious. In other words,
there was an issue that while the code said one thing, staff did another
thing, based upon historical or legacy, you know, decisions.
Is there a lot of that out there? And ifthere are, shouldn't we be
privy to it as the Planning Commission?
MR. KLATZKOW: I think that when staffhas a practice that's
contrary to the code, then it's unintended and it's -- it's unintended by
staff. I don't think they have a list of this is what the code says but this
is what we'll do. I think they're just misunderstanding sometimes.
CHAIRMAN STRAIN: Well, there are Ol's in which this board,
every member here, was issued a book ofOI's.
MR. KLATZKOW: Yeah.
CHAIRMAN STRAIN: And you've been issued updates as it's
been modified all along.
MR. KLATZKOW: But the 01 should really track the code. It's
just like -- it's sort of like filler where you're not quite sure which way
to go.
Page 103
Marcl62fOl II
But I really don't -- I truly do not believe the staff is intentionally
violating the code.
COMMISSIONER SCHIFFER: Okay. But the testimony was
that even though the code says 75, we use 10 or something--
MR. KLATZKOW: Yeah, I think staff just had that for some
reason they think that's what the code said.
COMMISSIONER SCHIFFER: So you don't think there's a lot
of those sleeping around where there's memos or -- because that's what
they were looking for is this memo that would authorize it, and --
MR. KLATZKOW: No, I don'tthink that it's pervasive.
I will tell you, though, that I do think that some planners may
interpret the code differently than other planners. So I'm not entirely
sure that there's been consistency over the years.
So if you've got the same LDC provision over 20 years, you've
had different zoning directors, you've had different planners. I'm not
entirely sure that every time they've interpreted it the same exact way.
COMMISSIONER SCHIFFER: All right. Thank you.
CHAIRMAN STRAIN: Anybody else have any new business?
No discussion.
Then I'll look for a motion to adjourn.
COMMISSIONER ADELSTEIN: So moved.
COMMISSIONER SCHIFFER: So moved.
CHAIRMAN STRAIN: Commissioner Adelstein, seconded by
Commissioner Schiffer. All in favor?
COMMISSIONER SCHIFFER: Aye.
MR. MURRAY: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MIDNEY: Aye.
CHAIRMAN STRAIN: Aye.
MR. WOLFLEY: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
Page 104
Mli? 6{ 2108 A
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries. We're adjourned. Thank
you all.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11:45 a.m.
COLLIER COUNTY
PLANNING COMMISSION
\ '1 I ,11/
J'v Cv.-lA ( '-"~
Mark'Strain, Chairman
These minutes approved by the board on L( ~ t 7/ D Cd as
presented or as corrected
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
Page 105
Feb1415booA
, TRANSCRIPT OF THE SPECIAL MEETING OF THE
Fia~a ~~r-COLLIER COUNTY PLANNING COMMISSION
~::~ing~~;=- Naples, Florida February 25, 2008 RECEIVED
Coyle .-2~'--T
cOletla__.--r- APR 2 2 2008
Board of County Commissioners
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 10:00 a.m. in SPECIAL SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
CHAIRMAN: Mark Strain
Lindy Adelstein
Donna Reed-Caron
Tor Kolflat
Paul Midney (Absent)
Bob Murray
Brad Schiffer
Robert Vigliotti
David 1. Wolfley (Absent)
ALSO PRESENT:
Jeffrey Klatzkow, Chief Asst. County Attorney
Joseph Schmitt, Community Development & Environmental Services
Ray Bellows, Zoning & Land Development Review
Marjorie Student-Stirling, Asst. County Attorney
MISC. ComlS:
Page 1
Date__
'lem.J[oll A S
'y')~?,t,
Febrla6 ~5'l00~
CHAIRMAN STRAIN: Good morning, everyone. Welcome to
the Special Meeting of the Collier County Planning Commission,
Thursday, February 25th. It's 10:00 a.m., a late start for us, but we will
move forward as the -- hopefully the final meeting for summing up the
issues that we started on the Bert Harris review for the Cocohatchee
Project.
If everybody will please stand for pledge of allegiance.
(Pledge of Allegiance was recited in unison.)
Item #2
ROLL CALL BY THE SECRETARY
CHAIRMAN STRAIN: Thank you. If the secretary will please
take the roll call.
COMMISSIONER CARON: Mr. Kolflat?
COMMISSIONER KOLFLA T: Here.
COMMISSIONER CARON: Mr. Schiffer?
COMMISSIONER SCHIFFER: 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 is not here, and
neither is Mr. Wolfley.
I'm not sure; I had thought that Mr. Vigliotti was going to be
here.
CHAIRMAN STRAIN: Yeah, David said he wouldn't be, so he
Page 2
Febrla6 ~5,1008A
couldn't make it.
COMMISSIONER CARON: I knew David and Paul were not
going to be here.
CHAIRMAN STRAIN: Okay, so we do have a quorum today;
six out of nine.
Item #3
ADDENDA TO THE AGENDA
Addenda to the agenda. The only item on today's agenda is
hopefully the summary meeting for what we previously gave
instructions to the staff and County Attorney's office regarding the
Cocohatchee Bert Harris claim that was remanded back to us.
The next meeting we have is March 6th. We have a couple of
items on that agenda. Just to double check, does anybody here know if
they're not going to be at that March 6th meeting?
(No response.)
Item #7
CHAIRMAN'S REPORT
CHAIRMAN STRAIN: Okay.
There are no minutes or BCC recaps.
Chairman's report.
I have a question. When we start this meeting -- when we start
into the issue of the meeting, we have several documents in which
were distributed to the Planning Commission members prior to today.
And I -- in order to expedite our process today, I wrote up a summary
of a draft report that I would like this Planning Commission to accept
to send to the BCC as part of this process. And the reason I thought it
Page 3
Febru!~2l108 A
would be important for us to do it is that this was remanded back to us,
not any specific department of staff.
So I don't know when we can intend -- my intent is today that
this be reviewed by everybody here and there be a consensus.
Otherwise, obviously I wouldn't forward it to the BCC.
So we have three or four documents to discuss today: The
settlement agreement; the amended PUD; and then this final review,
which is about three pages of the major issues of discussions that we
had had over the last two or three meetings.
Item #9 A
COCOHATCHEE BAY PROPOSED SETTLEMENT AGREEMENT
And with that, I guess we'll move right into the advertised public
hearing. As I've said, it's the summation of the Bert Harris claim
direction we had given staff prior to todays meeting. And I don't know
any better way to start, unless Mr. Klatzkow has a suggestion, rather
than just work our way through the two documents, three documents.
Mr. Klatzkow, did you have any procedurally process in mind?
MR. KLATZKOW: No, your suggestion works as well as any.
CHAIRMAN STRAIN: Okay. Well, let me tell everybody what
we're working off of. We should have been distributed to us a
settlement agreement and release that is in multi colors, red, blue and
green. The date on that is 2/08/08. And it says in the lower left-hand
corner 2/08/08 revision.
That document has three exhibits -- or four exhibits: Has the
original PUD as an exhibit; has the amended PUD as an exhibit; it has
a golf course phasing plan, should the golf course not be utilized, to go
into a conservation easement as an exhibit; and it has a pathways plan
as an exhibit. Those are the four exhibits that are part of the settlement
agreement.
Page 4
l~ri 25,A008
Part of the amended PUD includes an amended master plan and
an amended Bald Eagle Management Plan.
So just so you know, those are the documents that we need to
work our way through and then we'll get to a summation at the end of
those. And as we have other documents in the past, ifthere's no
objection from the panel, I'll just -- we'll move page by page of each
one of those and get concurrence on the pages, or majority
concurrence.
Okay, and with that we'll start with the settlement agreement.
First, Page 1 has some changes both in red and green. Does
anybody have any concerns with Page I? These are items for the most
part that should have occurred in the last two meetings and that we
gave direction to staff and the legal department to change.
(No response.)
CHAIRMAN STRAIN: Page 2, does anybody have any issues
on Page 2 of the Bert Harris settlement agreement?
Now, Richard, I know you represent the applicant, so if you
have any --
MR. YOV ANOVICH: I'll chime in.
CHAIRMAN STRAIN: Yeah, just speak out.
COMMISSIONER SCHIFFER: Mark, I have a --
CHAIRMAN STRAIN: Okay, Ms. Caron, then Mr. Schiffer on
Page 2.
COMMISSIONER CARON: Yes. On Page 2 it says that the
settlement documents will consist of the original PUD, plus the
amended PUD. Well, the amended PUD incorporates all of the
original PUD information, as well as any changes. Is it necessary to
have both documents?
It's a question for the County Attorney. You put both of them in
there and I'm sure you had a reason.
MR. KLATZKOW: The reason isjust for historical purposes.
People can go back and see what -- just see everything.
Page 5
FebruaJ h, lot8 A
COMMISSIONER CARON: Yeah, thank you.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: And my question was on three.
It says that it's contingent upon three site development plans being
approved. That was just after they're approved then this thing starts,
correct? This doesn't require the county to approve the site
development plans, does it?
MR. KLATZKOW: That is correct.
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Okay, we'll move to Page 3.
MR. YOV ANOVICH: That's true, its contingent upon our SDP's
being consistent with the PUD.
CHAIRMAN STRAIN: Richard, is there a--
MR. YOV ANOVICH: Their question was what was just said.
Let me paraphrase back what I just heard said was -- the question was
the county's not required to approve the SDP's. Well, the county is
required to approve the SDP's if they're consistent with the amended
PUD document.
Once they're approved, consistent with the amended PUD
document, then the agreement is done essentially and all the
obligations we have and all the obligations the county has go in place.
(Commissioner Vigliotti enters the boardroom.)
CHAIRMAN STRAIN: Mr. Klatzkow, is that your concurrence
as well?
MR. KLATZKOW: Yes.
CHAIRMAN STRAIN: Now, I'm going to be overly careful
here to make sure that if anybody says anything, somehow legally it's
concurred to. Because I want this to get done on the record as clean as
possible so when it goes forward it is as clean as possible. So I will be
asking the County Attorney to agree to all the comments made.
On Page 3.
COMMISSIONER MURRAY : Yeah.
Page 6
FebIllt 15,}200~
CHAIRMAN STRAIN: Are there any comments or questions on
Page 3?
Mr. Murray.
COMMISSIONER MURRAY: I have a question on number six,
the -- let's see, two, three, four, five six, seven, eighth line down where
we speak of county provides evidence that all parties have spent -- I
wrote my note committed. Is it committed or spent? Does it have to be
spent before, or is committed more appropriate?
MR. KLATZKOW: This language has been here from the start.
COMMISSIONER MURRAY: Okay. All right. I don't have a
major issue with it. I just had a question that popped into my mind that
I wonder if committed were more appropriate. But I guess it becomes
moot anyway, because they can get all their money back now, right?
CHAIRMAN STRAIN: Well, under certain conditions, yes.
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: By the way, let the record show that Mr.
Vigliotti has arrived.
COMMISSIONER VIGLIOTTI: Good morning. Sorry I'm late.
CHAIRMAN STRAIN: That's okay.
COMMISSIONER MURRAY: That was my only question.
COMMISSIONER SCHIFFER: I have one.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, and I guess this is to Jeff.
Jeff, if there's -- and this is down at the bottom, in terms of the
government not allowing commencement of construction.
If that was an issue over a building code issue, would that be
considered what they're referring to there? I think the intent of that is
that if they can't build it, then the money's refunded, right?
MR. KLATZKOW: Yeah, the intent was that if for some reason
they can't build their project, then the money can be refunded. I don't
know that a holding of a building permit falls under that. I think the
petitioner was more concerned about running into problems with the
Page 7
feds or the state than anything else.
COMMISSIONER SCHIFFER: All right, thank you.
CHAIRMAN STRAIN: Okay, move on to Page 4. Any
questions on Page 4?
MR. YOV ANOVICH: I have one revision that was in the e-mail
I believe you all received of paragraph seven.
CHAIRMAN STRAIN: Could you for the record restate the--
MR. YOV ANOVICH: I will. If you look on paragraph seven,
fourth line down. Yeah, fourth. Starts with, that point. The five-year
sun-setting provisions, I put recently adopted in the LDC, since that
was recently changed through this last go-round. Instead of now in
effect. Everybody is subject to a five-year sunset now under the
recently changed LDC.
The reason this was in here is, as you know, there used to be a
three-year and a five-year revision.
CHAIRMAN STRAIN: Okay. So the three words now in effect
would be struck out and replaced by recently adopted.
MR. YOV ANOVICH: And then the information in the
parenthesis would be struck as well.
CHAIRMAN STRAIN: Okay, does anybody on this panel have
any objections to that?
COMMISSIONER MURRA Y: I have a question on it.
CHAIRMAN STRAIN: Okay, Mr. Murray.
COMMISSIONER MURRAY: Now in effect seems to be more
clear than recently adopted. Why would we choose recently adopted?
I mean, there's no data associated with it, but now in effect is clear --
MR. YOV ANOVICH: I didn't want there to be any confusion
that the old five-year provisions applied instead ofthe current
five-year provisions. That's the only reason I changed it. So if you
want -- it's six to one, half dozen another. If you want to attach the
recently adopted LDC amendments, that's fine with me.
CHAIRMAN STRAIN: Why don't you look at something like,
February 25, 2008
1611
A
Page 8
Februp55r ~08 A
at that point the five-year sun-setting provisions in the LDC shall
govern? Why do you need to reference now in effect or recently
adopted or anything?
MR. YOV ANOVICH: That's fine.
CHAIRMAN STRAIN: Does that work for everybody as well?
COMMISSIONER MURRAY: Works for me, yeah.
CHAIRMAN STRAIN: Mr. Klatzkow, is there any problem
with that?
MR. KLATZKOW: No, ljust want to make sure we're clear.
What is the language you want?
CHAIRMAN STRAIN: At that point the five-year sun-setting
provisions. And then you strike now in effect, do not add recently
adopted. And then you go in the LDC, shall govern, and strike the
parentheses.
MR. KLATZKOW: Done.
COMMISSIONER SCHIFFER: Question, Mark.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: And it's clear that it will -- the
timing starts upon this approval.
MR. YOV ANOVICH: Yeah, upon the agreement becoming --
yes.
COMMISSIONER SCHIFFER: Because my thought is you
could add shall commence and govern, just to make sure. Because I
read it and I wasn't sure that you weren't going to get into any trouble
with the old kind.
CHAIRMAN STRAIN: Well, the effective date of the settlement
agreement is the date that the SDP's are approved?
MR. KLATZKOW: It's the date that the board's going to adopt
the settlement agreement. Which my understanding would be after the
site development plans have been approved. That's my understanding
of the timing on this.
MR. YOV ANOVICH: Yeah, my understanding is, is these
Page 9
FebruaJ:6, to18 A
basically will go to the -- this document will go to the Board of
County Commissioners when all the SDP's have gone through the
process and are ready to be approved, subject to the settlement
agreement.
So it should work to where as soon as the board approves the
settlement agreement, the SDP's are released and we're all set to go.
CHAIRMAN STRAIN: Okay, but that still doesn't give us the
effective date.
MR. YOV ANOVICH: The effective date is when the county
signs it. We will sign it first, and the county signs it second.
CHAIRMAN STRAIN: So they would provide an approval of
this document, the county staff would then re-review the SDP's, say
okay, now they're consistent with the approved settlement agreement,
and then the county chairman wouldn't sign it until those SDP's are
approved and the effective date would be the date of his signature; is
that the way you're looking at it?
MR. YOV ANOVlCH: I look at it this way: Is they'll be
approved subject to board approval ofthe settlement agreement. Now,
if the board makes some changes to the settlement agreement, then
there would need to be a re-review. But ifthere are no changes to the
settlement agreement, there would be no need for staff to re-review it.
The chairman would sign the settlement agreement and we would be
done.
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: Twenty-three is outlining that,
and I think it's exactly what Richard said, that--
COMMISSIONER MURRAY: Yeah, number 23, Page 9.
COMMISSIONER SCHIFFER: -- it's the date that the chairman
actually reads it.
CHAIRMAN STRAIN: Okay. Any other questions on Page 4?
(No response.)
Page 10
Februa& 9s,12c18 A
CHAIRMAN STRAIN: Okay, Page 5?
Ms. Caron?
COMMISSIONER CARON: Yeah, just a minor point. In the red
underlined at the top of the page it says, shall be completed upon the
issuance of the first C.O.
Do we also have to say temporary C.O. as well, or temporary
C.O., as we have done in paragraph eight?
CHAIRMAN STRAIN: Well, we could--
COMMISSIONER CARON: I mean, I don't know. I didn't know
if it was a consistency issue or not.
CHAIRMAN STRAIN: How long could they have a temporary
C.O. without a C.O.? Is the time difference much to worry about? It's
a couple of months. Is that anything to worry about as far as a
pathway construction goes? Maybe that's all it would be.
MR. KLATZKOW: For consistency, I don't mind putting in the
TCL, if the petitioner doesn't mind.
MR. YOV ANOVICH: We don't care.
CHAIRMAN STRAIN: Okay. So we're going to add the first
issuance of a T.C.O. or a C.O.
Any other questions on Page 5?
(No response.)
CHAIRMAN STRAIN: Okay, let's go to Page 6. Any questions
on Page 6?
MR. YOV ANOVICH: We had one minor revision to paragraph
12, the second sentence, which starts on the third line. It says, the
development standards for the "R" parcel are as set forth, and then
strike the high-rise multi-family portion. Because they're in table two.
CHAIRMAN STRAIN: Well, but table two in the amended
PUD now has two sets of standards. You've got accessory structures
and multi-family high-rise.
Maybe that was being referenced here to assure that you're
looking at the right column.
Page 11
4Q,~a! 25/r2008
MR. YOV ANOVICH: That is -- table two applies to the "R"
parcel.
CHAIRMAN STRAIN: Right, but it also applies to the
accessory uses there. You're saying -- okay, you're saying it applies to
everything in the "R" parcel, regardless of whether or not it's the
high-rise.
MR. YOV ANOVICH: Right.
COMMISSIONER MURRAY: The mark in the new PUD --
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: On the new PUD you have table
three, which is the GC single-family.
CHAIRMAN STRAIN: Right.
Okay, so we'd strike out set forth in the dwelling -- no, in the --
in table two of paragraph. So the words high-rise multi-family
dwelling portions of, all that comes out.
MR. YOV ANOVICH: Yes.
MR. KLATZKOW: So just for clarity, Mr. Chairman, how do
you want this sentence to read now?
CHAIRMAN STRAIN: The development standards for the "R"
parcel are as set forth in table two of paragraph 3.5 of the amended
PUD ordinance. And go on with the rest of the sentence as is.
MR. KLATZKOW: Thank you.
CHAIRMAN STRAIN: Is that okay with everybody?
COMMISSIONER MURRAY: Good for me.
CHAIRMAN STRAIN: Okay. Page 7?
COMMISSIONER SCHIFFER: I do, Mark.
CHAIRMAN STRAIN: Yes, sir, Mr. Schiffer?
COMMISSIONER SCHIFFER: On Page 15, it says that it's the
release, and --I'm sorry, not on Page 15, on item l5.1t says, it's
present forum or elected. I'd like to add maybe/appointed officials.
The way this is written --
MR. KLATZKOW: We can give you cover.
Page 12
Februari~, '018 A
COMMISSIONER SCHIFFER: -- it's everybody but us.
CHAIRMAN STRAIN: Its present forum or elected--
MR. KLATZKOW: Or appointed.
COMMISSIONER SCHIFFER: Yeah.
CHAIRMAN STRAIN: Or appointed officials.
COMMISSIONER SCHIFFER: They forgot us on this.
CHAIRMAN STRAIN: Well, we're usually so harmless, Brad.
Okay, so on paragraph 15, the second line after the word elected,
it will be elected or appointed officials.
Anything else on Page 7?
(No response.)
CHAIRMAN STRAIN: Page 8? Anybody have any concerns on
Page 8?
(No response.)
CHAIRMAN STRAIN: Okay, Page 9?
COMMISSIONER SCHIFFER: Yeah, I just want to talk about
-- I'm sorry, Mark.
CHAIRMAN STRAIN: What page are you on, Brad?
COMMISSIONER SCHIFFER: Page 8.
It's stating in here that the SDP's are incorporated in the
document. That's not what was stated in item two.
So Jeff, is that a concern? I mean you say the settlement
documents consist of and then we're adding something that's --
MR. KLATZKOW: No, it's always been -- and maybe this is
just me. It's always been my idea to give the board a package with a
bow which would include the settlement agreement, the amended
PUD and the finalized site development plans so that they were all
approved at once.
Now, the site development plans would be contingent upon
approval of the board. But once the board signed off on it, they were
ready to go. That's been my concept of this.
COMMISSIONER SCHIFFER: But we're not -- in other words,
Page 13
Febrl<€r 15FOO~
within your bow there could be the illusion that we approve the SDP's.
So could we kill as incorporated in this document? You'd still have
your bow, only there won't be the impression that we helped you tie it.
CHAIRMAN STRAIN: How about referenced in this
document? Because see, Brad, I think the problem with this sentence
is if you don't reference to what you're saying they need federal
permits for, the potential claim then, the lack of permitting for
anything in the future might be there. So if we use reference instead of
incorporated, would that work?
MR. KLATZKOW: That would be fine, yes.
COMMISSIONER SCHIFFER: Okay.
MR. KLA TZKOW: That works.
Is that okay, Mr. Yovanovich?
MR. YOV ANOVICH: Yes.
CHAIRMAN STRAIN: Okay, anything else on Page 8?
(No response.)
CHAIRMAN STRAIN: Page 9.
COMMISSIONER SCHIFFER: Nine --
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Nineteen has the same, elected
or approved officials.
CHAIRMAN STRAIN: Well, let's figure out where we're going
to put that then. We would put that right after the same former --
present/former appointed or elected --
COMMISSIONER MURRAY: Elected or appointed.
COMMISSIONER SCHIFFER: Elected or appointed.
CHAIRMAN STRAIN: Okay, that's on Page 9.
Last page of the settlement agreement is Page 10. Are there any
changes or questions about Page 10 before we go into the amended
PUD?
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: Okay.
Page 14
FebruaJ~, ~oI8 A
MR. KLATZKOW: Just for clarity, Mr. Yovanovich, are you
okay with all the changes that we've made in the settlement
agreement?
MR. YOV ANOVICH: Yes, sir.
MR. KLATZKOW: Thank you.
CHAIRMAN STRAIN: County Attorney's Office equally okay
with everything?
MR. KLATZKOW: Yes, we are.
CHAIRMAN STRAIN: Okay. The first exhibit to the settlement
agreement is the original PUD. And I guess there's not really any
changes to that, it's just a document for historical reference.
The second amendment to the PUD -- I mean, to the settlement
agreement is an Exhibit 2. It's the planned unit development, a
strike-through version, then on the lower left-hand corner it's dated
2/13/08 revision.
Now, that document also contains the amended site plan and the
amended Bald Eagle Management Plan. So we can walk through that
whole series of documents right now, if everybody's comfortable.
So just for the sake of not having asked it, I'll ask it. Do we have
any questions on the cover page?
(No response.)
CHAIRMAN STRAIN: We have an index and title page, Page
Roman Numeral I, or capital I. And we have a list of exhibits in the
tables page that had a couple changes to it. II.
Any questions on those first three pages?
MR. YOV ANOVICH: I do.
CHAIRMAN STRAIN: Mr. Yovanovich?
MR. YOV ANOVICH: And on the list of exhibits, the II page,
Exhibit B should be the Cocohatchee Bay Amended Bald Eagle
Management Plan, instead of the Amended PUD Master Plan with the
Eagle overlay, as revised. That's not correct, it's the Cocohatchee Bay
Amended Bald Eagle Management Plan is the correct title of the
Page 15
Februat95! 2lo8 A
document that's attached.
CHAIRMAN STRAIN: Okay, so it would be -- Exhibit B would
read: Cocohatchee Bay Amended Bald Eagle Management Plan?
MR. YOV ANOVICH: Cocohatchee Bay PUD Amended Bald
Eagle Management Plan, which should be the title of the document
attached.
CHAIRMAN STRAIN: Any objection from the County
Attorney's Office?
MR. KLATZKOW: No.
CHAIRMAN STRAIN: Any problem with the Planning
Commission?
COMMISSIONER ADELSTEIN: No.
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: Okay, if there's no other questions on
that page, we can turn to Roman Numeral III, which is your Statement
of Compliance.
And the second page of the Statement of Compliance is Roman
Numeral IV, and there's been some changes on the second page.
Any questions or concerns of those changes from the Planning
Commission?
(No response.)
CHAIRMAN STRAIN: Okay, we go on to Page 1.1, section I.
It's a rather long legal description. Takes us all the way to Page 1.6.
1.6 is more physical description of the project. There's been no
recommended changes.
Ms. Caron?
COMMISSIONER CARON: There's a spelling error. Delnor is
incorrectly spelled under l.4(A).
COMMISSIONER MURRAY: You know, I thought about that.
I wondered.
CHAIRMAN STRAIN: Mine's -- any reason we shouldn't clean
that up while we're -- I'm just wondering from the County Attorney's
Page 16
Feblag Y'lOOA
MR. KLATZKOW: Well, the question is, I'm guessing that's
what was in the original PUD as well. Let me just check.
Yeah, that error was in the original PUD as well. I don't know if
you want to go back on non-substantive issues. I'll leave that to the
discretion of the board.
CHAIRMAN STRAIN: Okay.
COMMISSIONER CARON: Doesn't matter.
CHAIRMAN STRAIN: Yeah, if it's not that important, let's just
leave it then.
1.7 has one small change on it referencing the amended PUD.
We go on to Section 2, 2.1. A few changes referencing the
amended documentation. Any changes?
(No response.)
CHAIRMAN STRAIN: 2.2 is a revised table one, taking out the
R-l and R-2 references, making it an "R" reference and correcting the
acreages.
COMMISSIONER MURRAY: I have a question.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: The use of the term intensity,
that's generally applicable to commercial, but I certainly understand it
here. But is that the more appropriate intensity, or--
CHAIRMAN STRAIN: It may have been part of the original
table.
COMMISSIONER MURRAY: Maximum land use intensity.
CHAIRMAN STRAIN: That was the same as the original table.
We're only changing things that --
COMMISSIONER MURRAY: Okay, that's fine.
CHAIRMAN STRAIN: -- pursuant to the settlement agreement.
COMMISSIONER MURRA Y: But I am correct, right, it would
normally be referred to as density?
CHAIRMAN STRAIN: I think this is giving you developable
Page 17
Febrl@iJoosA
acreage. I'm not sure that's the way to describe density.
COMMISSIONER MURRAY: Well, but its intensity is
referenced as something to do with commercial, so -- no big thing, but
CHAIRMAN STRAIN: Okay, on two 2 -- Mr. Kolflat? I'm
sorry .
COMMISSIONER KOLFLA T: 2.2 on table one, I'm confused
on the numbers there. It has 90 plus 480, which I come up with 570.
But it shows 590. Should not 590 be the addition of90 plus 480?
MR. YOV ANOVICH: You also -- the golf course 20 also
moved over.
CHAIRMAN STRAIN: It's not--
COMMISSIONER KOLFLAT: Oh, I see.
CHAIRMAN STRAIN: Yeah, the golf course down below.
COMMISSIONER KOLFLAT: That makes up the difference.
All right, I didn't understand it was related too. Thank you.
CHAIRMAN STRAIN: Page 2.3?
(No response.)
CHAIRMAN STRAIN: Page 2.4. A lot of this, by the way, is
cleanup of old section references.
COMMISSIONER KOLFLA T: Mark?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER KOLFLAT: I have one on 2.3, ifI could.
CHAIRMAN STRAIN: Okay, Mr. Kolflat.
COMMISSIONER KOLFLA T: The 2.7 paragraph there, it talks
about property owners association. Will there be one association for
both the "G" and the "R" factions here, or will there be two separate
associations?
CHAIRMAN STRAIN: That's beyond the -- that's not an issue
on the settlement agreement, Mr. Kolflat. That's existing language in
the existing PUD. We're only focusing on the changes in the PUD that
came about as a result ofthe settlement agreement that we just
Page 18
Febla~ lskooa
reviewed.
COMMISSIONER KOLFLAT: Well, I was curious what the
intent is, though. Just a matter of interest.
CHAIRMAN STRAIN: Oh, okay.
Well, Richard, you can answer the question if you want to. It
doesn't have any -- we're not asking for any changes, though.
MR. YOV ANOVICH: The answer is I don't know. We don't
know yet.
COMMISSIONER KOLFLAT: Thank you.
CHAIRMAN STRAIN: Page 2.4?
COMMISSIONER MURRAY: Yeah, I'd like to bring something
up.
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: I know we discussed this before
and I recognize that the implications on number six in 2.9(A),
community and neighborhood parks, and it comes up again later on.
I will point out later on when I do see it that there may be an
issue associated with it. But it's clear that if the property is not used for
a golf course, that one of the potential uses could be either/or both a
community and neighborhood parks? Or community or neighborhood
parks?
CHAIRMAN STRAIN: Mr. Murray, you're in the section titled
general permitted uses, the --
COMMISSIONER MURRAY: That's correct.
CHAIRMAN STRAIN: -- area that you're asking about that
could be used for if it's not used for a golf course. Would be the
section under the golf course section. And in there we added all those
uses we went through.
COMMISSIONER MURRAY: I understand. And that's where
that relates to as well. When we get to that, you'll see that part of it.
But all I'm trying to establish is does he want to leave it open for
both community and -- because community park is considerably
Page 19
Fe~2120~
different than a neighborhood park, I think.
MR. YOV ANOVICH: And this is historical language that's
always been there. So anywhere in the PUD we could --
COMMISSIONER MURRAY: Fine.
MR. YOV ANOVICH: -- put community park or neighborhood
park.
COMMISSIONER MURRAY: Well, I would, for consistency,
because when we talk about it later, it does come up.
Okay, that's fine. If you're happy, I'm happy.
CHAIRMAN STRAIN: Page 2.5. Anybody have any questions
on 2.5?
Ms. Caron?
COMMISSIONER CARON: Yes, 2.10, the open space
requirements. There were approximations given, and those
approximations have been taken out. Where do we stand
approximately for open space?
MR. YOV ANOVICH: Where do we stand approximately?
COMMISSIONER CARON: Urn-hum.
MR. YOV ANOVrCH: I just want to see if table one refers to it
or not. Open space, under table one, if you add golf course and open
space together, that would be 478.39 acres, which is far in excess of --
I believe it's a 60 percent requirement. I don't even know if it's that
high. But if it's 60 percent requirement, it's far in excess of that
number.
CHAIRMAN STRAIN: Now, Mr.--
COMMISSIONER CARON: Right, I understand that, Mr.
Y ovanovich. However, the original PUD was prefaced on a 90 percent
open space. And that has come down for a couple of reasons.
And I'll ask the County Attorney whether it should just be left
out entirely or whether what is being committed so far, which is
478.39, should be included in that paragraph.
MR. KLA TZKOW: I'm not sure that the amended PUD master
Page 20
Floal I' 2~8
plan contains 483 acres.
COMMISSIONER CARON: No, what he's telling me now is it's
478.39.
MR. YOV ANOVICH: I'm just adding up the numbers that have
always been in the table.
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, Richard? Richard?
MR. YOV ANOVICH: Yes, sir.
COMMISSIONER SCHIFFER: Even within the residential tract
there will be open space.
MR. YOV ANOVICH: Of course.
If you looked at the numbers, and I was just giving you numbers
based on the table. The table, if you -- none of the numbers have
changed. They just -- the 9.7 that was in the R-2 went over into the
R-l. All the other numbers were the same. So I was giving you the
numbers for a golf course and open space, and that's 478.
I don't know where the 483 came from originally. I thought they
would be the same out of the table, but apparently they're not.
CHAIRMAN STRAIN: Well, interestingly enough--
MR. YOV ANOVICH: We haven't taken anything away.
CHAIRMAN STRAIN: -- the 483 is only 81 percent of the 590
anyway.
MR. YOV ANOVICH: Okay.
CHAIRMAN STRAIN: So you weren't at the 91 percent to
begin with. It just said that. It might have been a typo. 483 is 81
percent of 590.
MR. YOV ANOVICH: Yeah, but it's 532 is the acreage.
CHAIRMAN STRAIN: I thought--
MR. YOV ANOVICH: It's percentage of acreage. If you look at
the total acres, it's 532.09 acres. So it should be closer to that 91.
CHAIRMAN STRAIN: Yeah, you're right. It will be.
COMMISSIONER CARON: What does it come to?
Page 21
Febt~k51200A
CHAIRMAN STRAIN: I'll tell you in just a second.
COMMISSIONER CARON: Thank you.
CHAIRMAN STRAIN: Good one to know. 532 -- what is that,
four -- what is the first one, four something?
COMMISSIONER CARON: 483 was what it was.
CHAIRMAN STRAIN: That would be 90.7. So now he's at 532,
and what's the new number?
COMMISSIONER CARON: 478.
CHAIRMAN STRAIN: I hate these tiny little calculators.
That's 89.8. So we're about a percent or so different.
COMMISSIONER CARON: Okay, you're within--
CHAIRMAN STRAIN: Within two percent.
COMMISSIONER CARON: -- reason of the 90 percent that had
been discussed and was voted on at the original BCC meeting. And
that was my point.
And should we keep some reference in here to that approximate
figure?
CHAIRMAN STRAIN: Doesn't the table do that?
MR. KLATZKOW: Well, I thought part of the reason we did it
this way is because they're some ownership dispute over some of the
submerged land, where they've taken -- the petitioner's taken the tact
that they own the land and the state says no, you don't, we own the
land. And so we're trying to finesse that dispute with this language.
Because I'm not entirely sure they have the acreage they say they
have.
COMMISSIONER CARON: Right. But who are we finessing it
for?
MR. KLATZKOW: Well, we're removing it from the discussion
of the PUD since with or without that acreage they meet the open
space requirements.
CHAIRMAN STRAIN: Well, the acreage that is allowed is in
the table on table one. And if table one defines the acreage and it is the
Page 22
16F~b!IaryJt.5, 2008
approximately 90 percent, wouldn't that cover us for any 2.1 potential
fallback?
If they wanted to reduce the 90 percent, they would have to
reduce table one, which they couldn't do now without a PUD
amendment. Isn't that a fair statement?
COMMISSIONER ADELSTEIN: Yes.
CHAIRMAN STRAIN: So it is locked in to what's in table one,
even though it may not be physically restated in 210.
So does that work for everybody?
COMMISSIONER CARON: That's fine by me. I'm looking to
the County Attorney.
MR. KLATZKOW: Yeah, I'm okay with the language.
CHAIRMAN STRAIN: Okay.
COMMISSIONER CARON: Okay.
CHAIRMAN STRAIN: 2.6. There were no changes on 2.6.
3.1?
Ms. Caron?
COMMISSIONER CARON: Well, I just had a question. Why
wouldn't we bring this section up to current standards? Because are we
not for trees and shrubs --
MR. KLATZKOW: We are.
COMMISSIONER CARON: -- at 100 percent native vegetation
west of 41 ? We just passed the LDC amendment.
CHAIRMAN STRAIN: Is the landscaping requirements 212 part
of the settlement agreement discussion?
MR. YOV ANOVICH: No.
CHAIRMAN STRAIN: Okay. I think if we --
COMMISSIONER CARON: Okay, so we don't need to be --
CHAIRMAN STRAIN: Right. Ifwe go back in to redo the PUD,
we've run into problems with a lot --
COMMISSIONER CARON: That's too bad.
CHAIRMAN STRAIN: 3.1, anybody have questions on 3.l?
Page 23
l~luk 2:42008
(No response.)
CHAIRMAN STRAIN: Okay, Page 3.2.
Mr. Schiffer?
COMMISSIONER SCHIFFER: And what my -- hold on and I'll
wait.
MR. YOV ANOVICH: We caught an inconsistency on re-
reviewing the document, and don't want to get into trying to amend
the PUD document. But if you look at the description --
CHAIRMAN STRAIN: What page are you on, Richard?
MR. YOV ANOVICH: 3.1. I'm sorry.
Under 3.3, it lists adult living facilities as a permitted use, yet it
doesn't appear in 3.4(A).
CHAIRMAN STRAIN: Richard, I think if you're going to have
a question about that interpretation and it's outside the settlement
agreement, this is not the forum to discuss, unless you want to open
the entire PUD up for discussion today.
MR. YOV ANOVICH: I think the question becomes would there
be an objection to adding that as a permit -- adult living facilities as a
permitted use under 3.4(A). We're not asking if -- if it's going to create
a problem, then we understand the answer is no.
CHAIRMAN STRAIN: I think if you go beyond the settlement
agreement here at this meeting and you want -- if you want an
interpretation of that, I think you need to refer to the zoning director.
But if you go beyond that and you want to open this entire PUD up,
we're going to --
MR. YOV ANOVICH: No, no, no.
CHAIRMAN STRAIN: -- have a different kind of meeting
today.
MR. YOV ANOVICH: No, I understand.
CHAIRMAN STRAIN: Page 3.2?
COMMISSIONER CARON: Before we go beyond that--
CHAIRMAN STRAIN: Yes.
Page 24
1 ~b;T 25A 2008
COMMISSIONER CARON: -- I just had a question for my own
edification. What is a non -- what is a compatible nonresidential use?
What does that mean to you all?
MR. YOV ANOVICH: Where are you reading from? I'm sorry.
COMMISSIONER CARON: It is--
CHAIRMAN STRAIN: Right after you referenced -- the ACL
reference.
COMMISSIONER MURRAY: 3.3, general.
MR. YOV ANOVICH: You're talking about a --
COMMISSIONER CARON: 3-3.
MR. YOV ANOVICH: -- any other principal use.
COMMISSIONER CARON: Right after adult living facilities, it
says compatible nonresidential uses. And I wanted to know what your
interpretation of that term is.
COMMISSIONER SCHIFFER: I know one.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: Parking. Parking structures.
MR. YOV ANOVICH: Parking.
And I'm assuming it would be reference to accessory uses like
pools and things like that are not residential but they are compatible
with the residential uses. If you want to have tennis courts or a tot lot
or something more elaborate as far as that.
COMMISSIONER CARON: The reason I'm asking, if you
continue to read the sentence, it incorporates all those things that
you've just listed. Because it says, a full range of recreational
facilities, essential services and customary accessory uses.
COMMISSIONER MURRAY: Why don't we just add such as a
full range --
COMMISSIONER CARON: So--
CHAIRMAN STRAIN: Mr. Murray, please --
COMMISSIONER MURRAY: Yeah, excuse me.
CHAIRMAN STRAIN: -- Ms. Caron's got the floor.
Page 25
Ft~" f' 2W8
MR. YOV ANOVICH: I'm assuming your trash dumpsters and
things like that would probably go into that other non-compatible. I
mean, it's -- sorry, other nonresidential but compatible type uses.
CHAIRMAN STRAIN: Regardless of what would go into that,
if you were to propose a use, it would still be up to the zoning director
to make sure it was consistent with the general description
requirements as in --
MR. YOV ANOVICH: Correct.
CHAIRMAN STRAIN: -- this PUD.
COMMISSIONER CARON: Right, I understand that,
Commissioner Strain.
I was asking, and I made it clear that I was asking for my own
edification. I just wondered what their -- I had no idea, I've never seen
the term before.
CHAIRMAN STRAIN: I don't think anybody has.
COMMISSIONER CARON: And I don't think anybody else has
either, as can be stated here now.
CHAIRMAN STRAIN: Page 3.2?
COMMISSIONER SCHIFFER: I do.
MR. YOV ANOVICH: The reference to --
CHAIRMAN STRAIN: Mr. Schiffer?
MR. YOV ANOVICH: I'm sorry.
COMMISSIONER SCHIFFER: Go ahead.
MR. YOV ANOVICH: I'm sorry, 3.5(A), the table reference
should be to table two, not table one. It was something I sent out
earlier.
CHAIRMAN STRAIN: Right. I think you're right on that.
Mr. Schiffer?
COMMISSIONER SCHIFFER: My only question, it's a small
one, but up in the titles we have, for example, multi-family dwellings,
there's an asterisk after that. And then over by non-high-rise, other
structures, there's an asterisk. What is that referring to?
Page 26
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MR. YOV ANOVICH: I think those are the reference to the
footnotes that you would find after the table, below the table, to let
you know that there are footnotes there. As well as if you look on the
left-hand column under development standards, they're numerically
referenced.
COMMISSIONER SCHIFFER: That's fine. That's harmless.
CHAIRMAN STRAIN: Any questions on 3.2?
MR. YOV ANOVICH: I did have -- no, never mind.
CHAIRMAN STRAIN: Mr. Klatzkow, just the only notation,
the correction on 3.5(A), table two instead of table one.
MR. KLATZKOW: Yes, sir.
CHAIRMAN STRAIN: 3.3. Any questions on 3.3?
(No response.)
CHAIRMAN STRAIN: Okay, we're -- section four is the golf
course development areas. Page 4.1. Any questions on 4.1 ?
MR. YOV ANOVICH: I have a change.
CHAIRMAN STRAIN: Go ahead.
MR. YOV ANOVICH: We had sent out an e-mail regarding how
we came up with the preserve district provisions applicable to the GC
district, and I thought we would add a new use under the permitted
use, which would be any use allowed in the "P" district, subject to the
development standards set forth in the "P" district. That would become
a new number five, and then the old number five would become
number six.
CHAIRMAN STRAIN: Now, what that would do is if
everybody were to look at the "P" district, the "P" district is where the
passive recreational list came into that we went over at the last
meeting and we struck out the items that didn't seem to be the passive
recreational area.
I think the suggestion that is being applied here is that any of the
uses in the "P" district, should the golf course be reverted back to
conservation area, would then be what would be utilized for that
Page 27
FJ,~ 1.5, 2~8
conserva -- would be able to be utilized for that conservation area.
Anybody have any questions about that or thoughts?
Ms. Caron?
COMMISSIONER CARON: My sense from reading -- well, I'll
have Mr. Y ovanovich state -- restate it.
What is it you want to put in under the golf course?
MR. YOV ANOVICH: Under the settlement agreement, we said
if we don't build the golf course we could have all of the uses in the
"P" district. Where we don't say that in the actual golf course district.
So instead of retyping every permitted use that already exists in
the "P" district and retyping those development standards, I thought
we'd add a reference that we can have any of the permitted uses in the
"P" district, subject to the "P" district's development standards in the
GC district. And that's what the settlement agreement said.
COMMISSIONER CARON: But only ifthere is not a golf
course there.
MR. YOV ANOVICH: Or -- yeah, if there's no golf course or the
golf course -- if we do a golf course and then we decide the golf
course wasn't working, we could have any of the "P" uses.
That was the intent and we just didn't catch that in the list of
permitted uses.
CHAIRMAN STRAIN: Okay, let me -- I want to get the
language right.
Ms. Caron?
COMMISSIONER CARON: No, no, no, you need to talk to the
County Attorney on the language.
CHAIRMAN STRAIN: Well, I was going to read the language
and see if the County Attorney would agree with it. That's how we've
been doing it.
Okay, five would be then any of the uses of the "P" district,
subject to the "P" district standards, should the golf course not be
developed.
Page 28
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MR. KLATZKOW: This is going to be under section--
CHAIRMAN STRAIN: 4.2(A) (5). Any of the uses of the "P"
district, subject to the "P" district standards, should the golf course not
be developed.
MR. KLATZKOW: Hold on. Any of the uses of the "P" district.
CHAIRMAN STRAIN: Subject to the "P" district standards,
should the golf course not be developed.
MR. KLATZKOW: Should the golf course not be developed or
discontinued?
CHAIRMAN STRAIN: Or if discontinued.
MR. YOV ANOVICH: It's a permitted use on the golf course
district, regardless. We may never build a golf course. We may just go
to the "P" district. We may build a golf course and the golf course
goes away. We could default to the "P" district.
That's my understanding, was they wanted to make sure that the
preserve district uses would be on the golf course, subject to the two
homes.
MR. KLATZKOW: So it will read, any of the uses of the "P"
district, subject to the "P" district standards, should the golf course not
be developed or discontinued.
CHAIRMAN STRAIN: Or if discontinued.
MR. YOV ANOVICH: I don't think you need that qualifier. I
think -- I don't think you need to reference a golf course. It's an
allowed use in the GC district. We could go right to an equestrian
center.
MR. KLATZKOW: So you want these uses in addition to the
golf course?
MR. YOV ANOVICH: Yes.
CHAIRMAN STRAIN: And the reason for that is because in the
settlement agreement, we -- should the golf course be abandoned or
discontinued or not happen, remember the local residents --
MR. KLA TZKOW: I understand that. But what he's saying is he
Page 29
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wants to use that --
COMMISSIONER MURRAY: In addition.
MR. KLATZKOW: -- in addition to the golf course.
CHAIRMAN STRAIN: No, the way it was supposed to be is if
the golf course doesn't prevail, then you fall back on the preserve.
MR. YOV ANOVICH: If we decide that a golf course will not be
a moneymaker for us, they wanted to make sure we were limited to
the uses that were in the "P" district. I don't think we're obligated to go
build a golf course, have it financially fail, then go to the "P" district.
MR. KLATZKOW: Right. So the language--
MR. YOV ANOVICH: I don't think that was ever the intent.
MR. KLA TZKOW: So the language would be, should the golf
course not be developed or is discontinued.
CHAIRMAN STRAIN: Ms. Caron?
MR. YOV ANOVICH: Six to one, half dozen another. I mean, if
you feel like you need the qualifier to say should we elect not to do a
golf course, that's fine. But it's -- I think that's repetitive language, but
that's okay, it doesn't affect us.
CHAIRMAN STRAIN: Go ahead, Ms. Caron.
COMMISSIONER CARON: Well, I do. I think that is a
problem. Because again, we're giving uses that were not approved in
the original PUD. What -- this was supposed to only happen if for
some reason you build that golf course and you can't make a go of it,
not so that you can avoid building the golf course, which is what the
entire community believes and how you got your approval to begin
with.
MR. YOV ANOVICH: Well, I mean, we can -- I don't know, I
wasn't in the meetings. But what I understood was that the community
wanted us to move all the residential development off of the east side
of the project to the west side of the project. And in return for that,
they wanted to make sure we would always have open space -- golf
course open space and passive uses on that side of the road. I don't
Page 30
Fl6ahls,2&8
know that the community said build a golf course first, have it fail,
then we'll give you these other uses. Their concern was you need --
remember we had the "what does green open space mean"? That's
really what they wanted.
COMMISSIONER CARON: According to your PUD, you were
supposed to have already built that golf course, so --
MR. YOV ANOVICH: When was that?
COMMISSIONER CARON: The nature of this whole thing, and
let's be perfectly honest about moving all this density over to the west
side. The simple fact of the matter is is that you want to move those
units over there as much as the community wanted them moved over
here. It was 90 units that you didn't want to build on the east side and
it was mutually agreed that they would get moved to the west side.
MR. YOV ANOVICH: Right.
COMMISSIONER CARON: So let's get back to what we're
talking about.
This PUD was based on a golf course development. That's how
it got BCC approval. I don't think we should be changing that now.
CHAIRMAN STRAIN: But the settlement agreement was based
on the -- the residents I thought wanted the option, should the golf
course not be there, to make sure that it didn't get to have another
intensity use on it --
MR. YOV ANOVICH: That's what we --
CHAIRMAN STRAIN: -- and it was a passive use.
COMMISSIONER CARON: And that's what we're talking
about, but if the golf course fails.
CHAIRMAN STRAIN: Right. That's what we've been trying to
say.
COMMISSIONER CARON: Well, that's not what Mr.
Y ovanovich --
MR. KLA TZKOW: No, what he's saying is that we don't have to
build it.
Page 3 1
FeJu~b:l20cA
COMMISSIONER CARON: Right.
CHAIRMAN STRAIN: We don't have to build what?
MR. KLATZKOW: A golf course.
COMMISSIONER MURRAY: Golf course.
CHAIRMAN STRAIN: Ifthey don't build the golf course and
you get the passive uses under the "P" district, how is anybody harmed
by that? That's a good thing.
MR. YOV ANOVICH: Right, and remember --
CHAIRMAN STRAIN: It's less intense than a golf course.
MR. YOV ANOVICH: -- it all works together, because we have
to do the one/fifth, one/fifth, one/fifth, one/fifth, one/fifth -- I think
that's five/fifths -- deed restrictions concurrent with each building.
COMMISSIONER MURRAY: Yes.
MR. YOV ANOVICH: This was all -- that was what the people
wanted. They wanted passive uses or a golf course on that side. I don't
think they said we had to build it and lose money and then go ahead
and convert over.
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Go ahead, Brad.
COMMISSIONER SCHIFFER: And it's kind of to Donna.
Donna, I'm trying to see, what's the downside if the whole thing
went "P"? In terms of the neighborhood, I think it would be -- there's a
lot of nice uses in there that the district would enjoy.
Is something in there sleeping that I don't see?
COMMISSIONER CARON: No, no, no, I'm just saying, the--
I'm trying not to make changes that because this is what we're all
concerned about is making changes that we aren't supposed to be
making changes to.
And this PUD was approved as a golf course development. And
if that's going to go away, then I guess we just need to make sure that
the BCC is well aware that what they approved is not going to happen.
To me it makes no difference.
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CHAIRMAN STRAIN: Well, do you have -- okay, if the
settlement agreement has a provision in it should the golf course fail to
work out as they proposed and the neighborhood wants it to go to a
more passive recreational use and they've committed to doing that,
how would you see that language fitting into this PUD strike-through?
COMMISSIONER CARON: Just as you said. That's the way it's
supposed to be. But what they're saying is they don't even have to
consider it to begin with.
CHAIRMAN STRAIN: And Donna, I'm not disagreeing with
you, I'm trying to get a language. Suggest language. What language
would you suggest? We've thrown some on the table. If that isn't the
right language, can you give us what language you think works, then
we can chew on it.
COMMISSIONER CARON: I think all they have to do is add
should the golf course fail.
CHAIRMAN STRAIN: So the only way you would get passive
recreational uses or passive uses on the property is should the golf
course fail. So that would be an added permitted use, but only under
that condition. Since you didn't have it as a use in the first place there,
I don't know why that hurts you.
MR. YOV ANOVICH: Why would you force us to build a golf
course?
CHAIRMAN STRAIN: No, no, we wouldn't be forcing you. If
you were to build one and if it failed, then you would have to replace
it with passive recreational -- the passive uses in the "P" district use.
MR. YOV ANOVICH: Okay, what happens in never build --
MR. KLA TZKO W: If you don't build the golf course, don't you
have to come back in to amend the PUD to get yourself a different
use?
MR. YOV ANOVICH: No, the settlement agreement said if the
golf course area ever is discontinued or the golf course is abandoned.
So the golf course area we're saying is what we're giving up in
Page 33
Febl~ ~sLooA
exchange for passive uses. It doesn't say I had to build a golf course.
We're looking at the settlement agreement. Obviously we're making a
change to portions of this document by this settlement agreement. We
said if we give up the golf course area or the golf course is
discontinued or abandoned, then we're limited to these passive uses.
And that's what we're saying, we may give up the golf course
area in exchange for the passive uses.
CHAIRMAN STRAIN: Are you -- Mr. Klatzkow, is it the
position of the County Attorney's office that they have to build a golf
course on this property?
MR. KLA TZKOW: No. I'm just not sure what they would do
with the property if they didn't.
CHAIRMAN STRAIN: If they didn't touch it. Say they -- it's
zoned -- first of all, in the PUD it's shown as golf course property.
MR. KLATZKOW: That's right.
CHAIRMAN STRAIN: They have a choice of putting the uses
at 4.2 on that, all of which are either golf course related or limited
sales centers. So if they didn't use any of those items, they could leave
it all natural, couldn't they?
MR. KLATZKOW: Yes, they could.
CHAIRMAN STRAIN: Okay, so I think what we're back to is if
you were to develop it as a golf course and if that golf course fails,
then you could revert to the passive recreational uses.
MR. YOV ANOVICH: That's not what the settlement agreement
says.
CHAIRMAN STRAIN: Okay. Well, Mr. Kolflat was next, and
then Mr. Murray.
MR. KLATZKOW: He's right about that.
CHAIRMAN STRAIN: What?
MR. KLA TZKOW: If you go to paragraph eight--
CHAIRMAN STRAIN: Let's stick to the settlement agreement.
COMMISSIONER MURRA Y: That's the settlement agreement.
Page 34
FeJn6J 212018
MR. KLATZKOW: If you go to paragraph eight ofthe
settlement agreement.
COMMISSIONER MURRAY: Page 4 of the settlement
agreement.
MR. KLATZKOW: And this is old language. This language was
put in at the very beginning of this process.
COMMISSIONER MURRAY: Page 4.
CHAIRMAN STRAIN: Mr. Kolflat, you're going to -- do you
have anything you wanted to add to this?
COMMISSIONER KOLFLA T: I had more questions. I don't
want to cloud the issue anymore, but there's no definition of size on
this golf course. Could be an 18-hole golf course, 27-hole or 36 or
anything else, all of which varies with the intensity use of the area. Is
that a factor in this question?
CHAIRMAN STRAIN: Well, they have an area shown on the
master plan that has to have golf course use on it.
COMMISSIONER KOLFLAT: But it doesn't say whether it's 18
holes or it's 27 holes or it's 36 holes, all of which could be put on the
same area of land.
CHAIRMAN STRAIN: I know that. But whatever they do, they
can put as much or as little as they wanted there, but that's all they
could use it for. And so the land is dedicated a golf course. They could
put one hole or 50 holes if they want to fit that many on there, but it's
got to be golf course. And so I think that's what the PUD master plan's
going to force them to use that land for.
MR. YOV ANOVICH: And keep in mind, in exchange for this
we've given up -- by doing the deed restrictions and things like that,
we're giving up the ability to come back later. Say the high-rise
market is a bad move. We can't come back and amend to put our units
on the east side. And that's what the neighborhood also wanted to
make sure, is we couldn't come back in the future, change the plan to
say okay, the high-rise market isn't what's going to work, we'd rather
Page 35
FebMJyP12o<ft
move our units over to the east side of the unit and build more units
but at a lower scale.
So we're giving up that flexibility. And if you look -- and I think
Mr. Klatzkow agrees with my reading of paragraph eight of the
settlement agreement. It didn't say I had to build the golf course first.
CHAIRMAN STRAIN: Mr. Murray, did you -- you're next after
Mr. Kolflat.
COMMISSIONER MURRAY: Thank you.
I'm reading it and I don't see that it does say it. I would prefer
that it would say what you've asserted, but I don't see it saying that.
These restrictive covenants shall each provide that if the golf
course development area or golf course use is ever discontinued or
abandoned.
Well, for that to have happened you would have first to have had
a golf course.
MR. YOV ANOVICH: Only the golf course use, not the golf
course development area. We could abandon the golf course
development area --
CHAIRMAN STRAIN: Okay. I've got a--
MR. YOV ANOVICH: -- in exchange for that.
CHAIRMAN STRAIN: I think I have a solution. And Mr.
Murray just started out on it. Why don't we on number five, under
permitted uses, start out with the paragraph on Page 4 of the
settlement agreement that says, ifthe golf course development area or
golf course use is ever discontinued, and use that exact language out
of the SA, all the way down to where it's referenced in paragraph 5.3.
Wouldn't that take care of the whole thing? Then you're using exact
language in the settlement agreement.
MR. KLATZKOW: I had the same thought.
COMMISSIONER CARON: There you go.
MR. KLATZKOW: I had the same exact thought.
CHAIRMAN STRAIN: Okay. So we're going to have 4.2(A) (5)
Page 36
Fe~2l20~
is going to change. So that language just discussed in the settlement
agreement. And number -- current number five would be number six
then.
MR. YOV ANOVICH: I want to just make it very clear that that
language doesn't mean I've got to build a golf course first.
CHAIRMAN STRAIN: It means what the settlement agreement
says it would mean, Richard, so --
MR. YOV ANOVICH: And let's get it on the table right now.
Because if that's -- I don't want to get -- the reason we're settling this is
so we don't have ambiguities in the future.
MR. KLA TZKOW: I don't --
MR. YOV ANOVICH: This is what we think it means--
CHAIRMAN STRAIN: I think it does --
MR. YOV ANOVICH: -- and so why do we need that language?
Ifwe think it means we don't have to build a golf course first, why
can't we just list it as a permitted use?
COMMISSIONER CARON: I think you have that language
already.
MR. KLATZKOW: Mr. Yovanovich, I absolutely agree with the
interpretation.
COMMISSIONER CARON: Right.
MR. KLA TZKOW: I think you're right. I don't think you ever
have to build that golf course. I think that is the intent of the
settlement --
MR. YOV ANOVICH: Okay, if we agree to that, then why do
we need to put that language in the PUD document? Because I don't
want a different person sitting in that chair interpreting those words
differently. Because Mr. Murray and I disagree with what that
language means. It could be that me and whoever else is sitting in that
chair in the future may disagree as to what that language means.
I don't think anybody would disagree that what I've said as far as
it becoming a permitted use means I've got to build a golf course. So
Page 37
FebruW1, f08 ~
I'm just asking to avoid an ambiguity in the future.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Richard, does this mean in total
area? In other words, when they say the golf course, does that mean
all the golf course area, or could you decide to take a portion of that
and make an equestrian center?
MR. YOV ANOVICH: Well, I don't think we would be required
to build -- how many acres is it, Mr. Schiffer? It's approximately 170
acres of golf course area. I don't think we have to build a l70-acre
equestrian center. We can do a portion of the equestrian, a portion of
what other uses are allowed.
COMMISSIONER SCHIFFER: And I agree with that, but I'm
just concerned the way it's worded, it looks like it's talking about the
golf -- like that's one big chunk, and if it happens, it has to happen to
that one big chunk.
MR. YOV ANOVICH: Well, and what we discussed I think
when we came up with the list that's actually in the "P" district was
that the thought of what happened if. And Ms. Caron pointed out, are
you really going to have a three or 400-acre community park? I don't
know if that was the example that -- and we said no, that wasn't the
intent.
So we took some of the uses out that were on the original list to
make sure we didn't have that. But yeah, we -- theoretically, we could,
but we're not obligated to build that big of an equestrian center.
COMMISSIONER SCHIFFER: So essentially we could cover
the same thing if we just allowed the "P" district to enlarge into any of
the areas of the golf district and we could get the same thing.
MR. YOV ANOVICH: And that's what I thought my language
was doing.
COMMISSIONER SCHIFFER: You're doing it with use, I'm
doing it where you can expand the "P" district.
MR. YOV ANOVICH: Well, I guess you could put GC/P on the
Page 38
Februa~ ~5! 2~8 A
master plan. Or "P". GC or "P".
CHAIRMAN STRAIN: Okay. What it boils down to is you're
objecting to the use of the language in the settlement agreement to be
added as number five under the golf course development areas; is that
correct?
MR. YOV ANOVICH: I am. Because I didn't see it as being
ambiguous. But clearly during this discussion it has been pointed out
to me that it may be ambiguous and there could be other people sitting
in that chair, and I'd just as soon eliminate that issue.
MR. KLATZKOW: I would eliminate the issue when we bring
this to the board, Richard, in the executive summary. We'll put a
notation that this is what it means, and you'll have cover then.
MR. YOV ANOVICH: Again, the whole -- and I understand. But
the purpose is for someone to pick this document up and know what it
means, not have to look at an executive summary to go back and say,
well, this is really what it meant.
And that's what we're shooting for here, is that we have one
document that staff can pick up and the owner of the property can pick
up and say these are everything I can do on the property. We're not
trying to go outside of the four corners of this document to figure out
what some of that language means.
So I would hope that we could just, you know, do it our way,
because I think it avoids the ambiguity.
CHAIRMAN STRAIN: Well, maybe there's another way to
consider it. Basically he's asking to add a -- let's pretend this
settlement agreement didn't exist and they were coming in for a golf
course development area PUD, and they were listing their uses in the
PUD. Would we object to passive recreation uses as defined as an
additional use under a large chunk of land noted for golf course, if
they could theoretically come in and level it from end to end, fill it
with mounds and put golf course on the whole thing.
So is that a -- is this a problem? Because if we're caught up on
Page 39
Fl~ab15, j08
this and we need to fix it, which obviously if it's a discussion like this,
it should be fixed. Do we want to really object to it if it's -- is a "P"
that bad of a use for what could be golf course.
Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: I actually think that would be a
better use, the passive uses he has.
CHAIRMAN STRAIN: Anybody else on this panel have any
comments on it?
(No response.)
CHAIRMAN STRAIN: Then let's go back and consider
language.
Ifthe settlement agreement is not as clear as it needs to be for
this issue and the amended PUD is here to clarify the settlement
agreement, maybe then we ought to look at five as going back to the
original language that we first talked about.
And I would have to ask Mr. Klatzkow or if Ms. Student then
repeat that original language, if they made a note on it.
Richard, did you write it down? And let's just make --
MR. YOV ANOVICH: I wrote down any of the uses allowed on
the "P" district, subject to the development standards set forth in the
"P" district.
CHAIRMAN STRAIN: Okay. So number five, and let's -- we're
going to say it again: Any of the uses of the "P" district, subject to the
development standards of the "P" district. Does that work for this
panel?
COMMISSIONER ADELSTEIN : Yes.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: No, I was voting yes.
CHAIRMAN STRAIN: Okay, we okay then?
COMMISSIONER MURRAY: I'm good.
CHAIRMAN STRAIN: Okay. And number five that's there
would be number six. And that would get us past Page 4.1.
Page 40
~arJaJ 25Ao08
Okay, Page 4.2. Anybody have any suggestions or changes to
4.2?
(No response.)
CHAIRMAN STRAIN: Page 4.3?
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: I'm not sure if it's -- I think it
might be a little bit of an error. I can't be sure. Under -- near the
bottom under B where it reads, if the parcel is served by a private
road, setback is measured from the back of the curb, FI, and then
curbed. I'm not sure what that's supposed to be. Unless mine was cut
off and nobody else was.
CHAIRMAN STRAIN: I think it means if curbed.
COMMISSIONER MURRAY: Oh.
CHAIRMAN STRAIN: That's definitely a typo.
COMMISSIONER MURRAY: That was too easy. Okay.
And I know that Mr. Y ovanovich had an issue under 4.4(B)
about the 200-feet issue.
MR. YOV ANOVICH: Yeah, we discussed adding an exemption
for gates, fences and non-habitable gatehouses from that 200-foot
setback requirement.
CHAIRMAN STRAIN: Could you state the language that would
be added to the end of B then?
MR. YOV ANOVICH: I guess we need to sayan exemption to
this requirement --
CHAIRMAN STRAIN: Well, why don't we say fences, gates
and non-habitable gatehouses are exempt from 4-B, 4.4(B).
MR. YOV ANOVICH: Gates, fences and non-habitable, yeah.
CHAIRMAN STRAIN: Ms. Student, are you clear on that?
MS. STUDENT-STIRLING: Yes, I just note in table three, it's
the development standard for front yard. It looks like it has 20 asterisk,
and I think should be 20 feet and perhaps an asterisk, but I just wanted
Page 41
Febru~8 j5,~00~
clarification on that.
COMMISSIONER MURRAY: Yeah, good catch.
CHAIRMAN STRAIN: Well, I think you're right, yeah.
COMMISSIONER MURRAY: Good catch.
CHAIRMAN STRAIN: 20 feet, then asterisk.
Okay, so there were three changes on that page. And Ms.
Student, did you get all those?
And then Ms. Caron?
COMMISSIONER CARON: Yeah, I have a question on C.
Would you just explain that to me, please. I don't understand C. It says
single-family dwelling which provide for two parking spaces within
an enclosed garage and provide for guest parking other than in private
driveways may reduce the front yard requirements to five feet for the
garage and 15 feet for the remaining structures.
So the more parking I add, the less setback I have to have? It
should be the opposite way. I mean, that doesn't -- I don't--
MR. YOV ANOVICH: Hold on. I didn't draft this. I'm trying to
figure it out myself.
I think we agree with you and let's just delete C.
COMMISSIONER CARON: Take it out.
CHAIRMAN STRAIN: Ms. Student, did you follow that? We're
going to delete item C on Page --
MS. STUDENT-STIRLING: I have that.
CHAIRMAN STRAIN: -- 4.3.
MS. STUDENT-STIRLING: Yes. Paragraph 4.4(C) is deleted.
CHAIRMAN STRAIN: Okay. And that gets us to page -- oh,
Mr. Kolflat?
COMMISSIONER KOLFLA T: Yes, I don't understand after
these numbers here in the column in table three, this little line that
looks like a footmark. What does that mean? For example, 10 --
CHAIRMAN STRAIN: That is a footmark, 10 feet.
COMMISSIONER KOLFLA T: Why are those marks necessary,
Page 42
''6urYfS, ~08
when down below it says, all distances are in feet unless otherwise
noted. The first notation under the table.
CHAIRMAN STRAIN: Probably isn't.
COMMISSIONER KOLFLAT: Well, I think it might be
confusing to have that there.
CHAIRMAN STRAIN: Have which one, the notation or the
footage?
COMMISSIONER KOLFLA T: I would leave the notation and
take the footage off.
CHAIRMAN STRAIN: I have no problem.
Any objection from your side, Richard?
MR. YOV ANOVICH: No, sir.
CHAIRMAN STRAIN: Anybody else?
(No response.)
CHAIRMAN STRAIN: So where we were going to add 20 feet,
we're going to leave the asterisk and take the foot back out and take all
the footmarks out all the reference -- all the other numbers on that
page.
COMMISSIONER SCHIFFER: It's a good thing we're here.
COMMISSIONER KOLFLA T: You need a magnifying glass to
read it, though.
CHAIRMAN STRAIN: Page 4.4.
COMMISSIONER MURRAY : Yes, sir.
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: Under DA V, the quest house,
you might want to change that to guest, unless that's a fancy G and I
don't read it right.
MR. YOV ANOVICH: Oh, gotcha.
COMMISSIONER MURRAY: Okay? Little thing.
CHAIRMAN STRAIN: Is that it, Mr. Murray?
COMMISSIONER MURRAY: That was it, little thing.
CHAIRMAN STRAIN: Okay, the next page gets us into the
Page 43
Febn1h is,]oosA
preserve district, Page 5.1.
Ms. Student?
MS. STUDENT-STIRLING: I think you want to also re-Ietter
that from -- since C is going -- that D will become C.
CHAIRMAN STRAIN: Thank you. Good point.
Okay, Page 5.1?
COMMISSIONER CARON: Yes.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Again, this preserve district. The
original preserve district set aside for the most passive of uses is now
incorporating some more intense uses than might normally be allowed
in preserves. I think there needs to be some sort of delineation here
between the golf course as "P" district and the rest of the preserve area
in this PUD.
I mean, this list was only created because of the golf course area,
not for any preserve area that's on, for example, the western side of the
property where the high-rises are intended to be.
MR. YOV ANOVICH: Actually, it came up because we had an
undefined term in here called passive recreational areas. And there's
no LDC definition of that. And we were asked to come up with a list
of what we thought passive recreational areas meant, and we came up
with this laundry list.
And we would through each of these the last time to say would
this be an appropriate passive recreational use. I mean, I remember it
real clear because Ms. Burgeson got up here and said it's in the LDC
and it wasn't there. And that's why we needed this defi -- we needed a
list of uses. So it came up in relation to that.
So that's how we came up with the use. And we talked about
would this be appropriate in those areas. At least that was my
understanding of the history of this provision and the discussion we
had.
CHAIRMAN STRAIN: Ms. Student, from your understanding
Page 44
Fe~2a20tA
of a passive recreational use, would any ofthe uses we have limited
here not be considered something the county would allow under a
passive recreational use; do you know?
MS. STUDENT-STIRLING: Well, Ijust identified some that
don't seem passive to me. That would be a golf cart path, an equestrian
use and trail, a playground, guard houses and gatehouses.
I believe I've seen where you have restroom facilities in a
preserve. But those are ones that looked to me to be a bit more intense.
And I don't know if Ms. Burgeson might wish to comment on
that, if she had some involvement in the preparation of this list.
CHAIRMAN STRAIN: I know Susan is here.
Susan, in your -- could you come up and address this issue for us
for a minute?
And Susan, what I'd like to understand is from your experience
involving passive parks or passive recreational areas, are any of these
uses -- or would staff or you all, would you think you would not
consider any of these uses under such a heading?
MS. ISTENES: Susan Istenes, for the record.
Let me just take a quick second to review them.
No, I don't -- from a zoning director's perspective, I don't see
anything particularly objectionable about these proposals. They're all
.. . .
paSSIve, In my OpInIOn.
COMMISSIONER MURRAY: I have a--
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Yes. On that second Page 5.2
page, under 21 Roman, I believe that's Roman, community and
neighborhood passive parks. By definition, the community park is not
passive. 1 know the intent here. I'm trying to make sure we don't run
into a snag later on.
And neighborhood parks are generally like tot lots anyway.
They're not passive.
MS. ISTENES: Right. I wouldn't necessarily disagree with that
Page 45
Febt}<ft t51200A
comment, only the fact that the word community might lead
somebody to refer back to a particular type of park that the county
develops --
COMMISSIONER MURRAY: That's my point.
MS. ISTENES: -- on a larger scale, and that might be a good
point to clarify.
COMMISSIONER MURRA Y: Yeah, that was what I was
eluding to earlier on this matter.
CHAIRMAN STRAIN: What are you suggesting? How would it
be clarified?
MS. ISTENES: Well, I mean, I don't see why you couldn't just
take it out.
CHAIRMAN STRAIN: That would be number 11, or 21?
MS. ISTENES: Just take the word community out. Or even take
community and neighborhood out, if you want. But I think
neighborhood probably implies just obviously a small-scale facility
that's intended to serve the immediate neighborhood.
COMMISSIONER MURRAY: What you're not privy to is the
earlier discussions where we got to this listing was it may be the intent
of the parties to open up that space to the public and, therefore, the
thought was potentially have a community park or, I thought, or a
neighborhood park.
But if passive parks are the intent all around, I would agree, I
think the community and neighborhood should be struck, if that's
legally possible, and then have it be passive parks.
MS. ISTENES: Everything here is very passive, unassuming
uses. So when you're talking about community parks, I think you're
kind of--
COMMISSIONER MURRAY: Soccer.
MS. ISTENES: -- the way we know them in this community,
you're talking about a different animal.
COMMISSIONER MURRAY: Yeah, community park would be
Page 46
1e~ulJ25, !b08
soccer, baseball, et cetera, et cetera.
CHAIRMAN STRAIN: Well, Richard, is there any objection
from your part if we strike the words community and neighborhood?
MR. YOV ANOVICH: No.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, before you go, Susan, what
about playgrounds? Specifically playgrounds were discussed with
regard to the golf course property. They were not discussed for
property on the western part of the development.
MS. ISTENES: I'm not sure I understand the concern. Could you
-- are you concerned that playgrounds --
COMMISSIONER CARON: Do you consider it passive
recreation?
MS. ISTENES: Generally speaking, yes. But I suppose it could
get somewhat out of control.
I think they've attempted to limit the size. Two acres is a pretty
big playground.
COMMISSIONER CARON: Is pretty big. Which is why it came
up under discussion of the golf course area, not in discussion of the
rest of the preserve area, which is supposed to be protected on the
western part against the backwaters -- against outstanding Florida
waters.
CHAIRMAN STRAIN: Richard, do you need playgrounds in
there? I mean, do you want to make this simple?
MR. YOV ANOVICH: No. So let me try -- I'm going to keep up
with you all. We're deleting --
CHAIRMAN STRAIN: Community and neighborhood --
MR. YOV ANOVICH: -- roman numeral 13.
CHAIRMAN STRAIN: Right. And we're taking--
MR. YOV ANOVICH: Playgrounds goes away.
CHAIRMAN STRAIN: We're taking -- well, if we take out
playgrounds, we're going to have to renumber all the rest, but --
Page 47
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MR. YOV ANOVICH: Right, and then --
CHAIRMAN STRAIN: -- that's a given.
MR. YOV ANOVICH: -- that number goes away, and Roman
numeral 21 goes away . Well, I guess just community and
neighborhood --
CHAIRMAN STRAIN: Right.
MR. YOV ANOVICH: -- becomes passive parks only.
CHAIRMAN STRAIN: That's correct.
COMMISSIONER MURRAY: That's what I think.
MR. YOV ANOVICH: Okay.
CHAIRMAN STRAIN: Yes, Susan, go ahead.
MS. ISTENES: Joe suggested, and I don't disagree with that, that
it ought to be clarified in here that this area is limited to the east -- is it
the eastern side, Joe? Yes, the eastern side of the development and not
the western, so that it's clear.
COMMISSIONER CARON: Absolutely.
CHAIRMAN STRAIN: Okay. Well, under the general
description, is that where we would propose the limitation?
MS. ISTENES: Yes.
CHAIRMAN STRAIN: The area designated as preserve on the
-- well, it's on the amended master plan, so it's already -- isn't it
already -- let's just check, does the amended master plan limit it to the
MR. YOV ANOVICH: No. Because remember we had that
whole discussion of "P" on the west side and "P" on the east side.
CHAIRMAN STRAIN: So the area designated as preserve on
the amended master plan that is east of Vanderbilt Beach Road.
MR. YOV ANOVICH: Well, no, no, no, no.
CHAIRMAN STRAIN: No?
MR. YOV ANOVICH: No, no, no. I don't think you want to limit
boardwalks and things like that.
CHAIRMAN STRAIN: Ms. Caron?
Page 48
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February 25, 2008
COMMISSIONER CARON: Right, I think there needs to be a
separation here of this laundry list. There are some uses such as
potentially a boardwalk --
MR. YOV ANOVICH: Why don't we do this --
COMMISSIONER CARON: -- along the edge of your preserve
on the western side that would be acceptable perhaps to the entire
world.
MR. YOV ANOVICH: Why don't we do this: Can we go down
the list and then I would suggest golf cart path, that should be east of
Vanderbilt Drive only.
CHAIRMAN STRAIN: Okay, so what we'll have to do is put a
parenthetical -- Richard, we'll put a parenthetical after whatever item
is strictly limited to the east side. And if it's not strictly limited to the
east side it could be used anywhere where the "P" is shown.
COMMISSIONER MURRAY: That is a good way to go.
MR. YOV ANOVICH: Okay, he makes a good point of golf,
because we do have golf course on the west side.
COMMISSIONER CARON: But not in a preserve area. So that
would not --
MR. YOV ANOVICH: Okay, I hear you.
COMMISSIONER CARON: -- affect any of your uses.
MR. YOV ANOVICH: You're right, okay.
CHAIRMAN STRAIN: Okay, let's start right from the top.
Where's your first one that you want to see east of Vanderbilt Beach
Road only? Is it Vanderbilt Beach Road or Vanderbilt Drive?
COMMISSIONER CARON: Drive.
CHAIRMAN STRAIN: Vanderbilt Drive only.
MR. YOV ANOVICH: Can we put just an asterisk by them--
CHAIRMAN STRAIN: Yeah, then we'll--
MR. YOV ANOVICH: -- and say east of Vanderbilt Drive only?
CHAIRMAN STRAIN: Right.
COMMISSIONER MURRAY: Question.
Page 49
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February 25, 2008
MR. YOV ANOVICH: I would say probably again Roman
numeral V.
CHAIRMAN STRAIN: Right.
COMMISSIONER CARON : Yeah.
MR. YOV ANOVICH: Pathways and bridges, of course okay
before.
COMMISSIONER CARON: Equestrian trails.
CHAIRMAN STRAIN: Just say the ones you want an asterisk
after, otherwise --
MR. YOV ANOVICH: I don't particularly need an asterisk by
any of them. I want to see what you guys are saying you have an
objection to that can't be west.
CHAIRMAN STRAIN: Okay. Well, then Ms. Caron, since you
started this discussion, which ones do you think shouldn't be west?
Let's start with that, then--
COMMISSIONER CARON: I'm beginning to go down the list
here now.
CHAIRMAN STRAIN: Good. Just tell us which ones you want
an asterisk after, we'll see where it goes.
COMMISSIONER CARON: We've done golf cart paths.
CHAIRMAN STRAIN: Right.
COMMISSIONER CARON: Equestrian trails.
CHAIRMAN STRAIN: Okay. Let's get done, Richard, then
we'll go back over them again, you can tell us which ones you have
problems with.
COMMISSIONER CARON: Parking lots that are -- well, no,
because you'll have parking under your buildings and your clubhouse,
so there's no need to have parking in preserve areas.
MR. YOV ANOVICH: East only.
COMMISSIONER CARON: Yeah, east only.
MR. YOV ANOVICH: Okay.
COMMISSIONER CARON: I'm just doing the things that will
Page 50
FebrL~ 151wo~
be limited to the east.
MR. YOV ANOVICH: All right, I hear you.
COMMISSIONER CARON: Sidewalks.
CHAIRMAN STRAIN: Sidewalks?
COMMISSIONER CARON: Well, again, they're not in
preserves. Remember, we're talking about preserves, not the
development itself, not the building area.
CHAIRMAN STRAIN: Right. I know. They've got a lot of
preserves on both sides, but that's -- ifthe sidewalks were problematic,
I guess.
COMMISSIONER CARON: They're going to build a pathway
on Vanderbilt. They don't need any other sidewalks within that
western portion other than what go to their buildings, which again are
not in preserve areas.
We still have that word water parks, I love that.
MR. YOV ANOVICH: You took the sidewalks.
So far I've got golf carts, equestrian uses and trails and
sidewalks, correct?
CHAIRMAN STRAIN: Yeah, let's finish it up. Let's get through
it, then we'll go back over it --
MR. YOV ANOVICH: I just want to make sure I'm with you.
COMMISSIONER CARON: Parking lots.
MR. YOV ANOVICH: Parking lots, which -- okay, got it.
COMMISSIONER CARON: Again, I think that boats and dock
-- canoe docks and kayak and fishing piers, were they -- well, not the
fishing piers potentially, but were they not -- that discussion came up
with respect to creating lakes, again on the eastern side of the
property, not on the western side.
Lakes large enough to kayak and canoe in? I don't think you're
going to have those on the west.
MR. YOV ANOVICH: Okay, keep going. We'll have to talk
amongst ourselves in a minute.
Page 51
Feb1a&' :f5J:OO~
COMMISSIONER CARON: Guard houses and gatehouses.
Again on the western part of this property you'll have them in your
development area, not in preserves. Gazebos, picnic areas. You know,
the picnic areas --
CHAIRMAN STRAIN: Well, these -- you want -- these are the
ones you want asterisked? That's where --
COMMISSIONER CARON : Yeah.
CHAIRMAN STRAIN: So you want gazebos asterisked?
COMMISSIONER CARON: No, no, no, no, no.
CHAIRMAN STRAIN: Just say the ones you want--
COMMISSIONER CARON: I'm sorry, I'm sorry. I did say that
out loud and I didn't mean to.
CHAIRMAN STRAIN: I'm asterisking a lot of things here.
COMMISSIONER MURRAY: When she's finished, I have one.
CHAIRMAN STRAIN: Sure.
COMMISSIONER CARON: Well, again, I'm not sure how
motorized devices required by physically impaired individuals gets in
here. Or restroom facilities should be on the east.
CHAIRMAN STRAIN: Well, you just said two things. You
don't think that wheelchairs with motors should be --
COMMISSIONER CARON: Well, I'm just not sure. I mean, I
guess maybe you're saying that they would be able to go down the
boardwalk. So works for me.
CHAIRMAN STRAIN: Okay. So now you're -- you didn't want
to asterisk that.
COMMISSIONER CARON: I'm down to restrooms.
CHAIRMAN STRAIN: Okay. Mr. Murray, you wanted to add
something to it as well?
COMMISSIONER MURRAY: I wanted to give consideration to
it anyway. Fitness trails and shelters, I had -- I was thinking that those
would be more likely to be on the east.
COMMISSIONER CARON: On the east.
Page 52
l~nlarl25,,~008
COMMISSIONER MURRAY: I don't know that they were
added.
CHAIRMAN STRAIN: Well, we'll ask them if they object.
That's the best way to approach it.
Anything else, Mr. Murray?
COMMISSIONER MURRAY: Yeah, the issue that was just
raised. But I can see where guardhouse to protect the property at the
entrance of the property, which is all preserve, if it becomes so. I fI'm
correct, it's all preserve then. They might need a gatehouse or guard
house.
CHAIRMAN STRAIN: She asterisked it for the east side of
Vanderbilt?
COMMISSIONER MURRAY: I'm talking about for the east
side.
CHAIRMAN STRAIN: Right.
COMMISSIONER MURRAY: I'm asking --
COMMISSIONER CARON: Okay.
COMMISSIONER MURRAY: You agree.
CHAIRMAN STRAIN: She's saying that's where she would
want it.
COMMISSIONER MURRAY: Okay, then fine. I missed that.
Thank you.
And those are the only ones for me.
CHAIRMAN STRAIN: Mr. Schiffer, did you have any you
want to throw in before we ask Richard --
COMMISSIONER SCHIFFER: No, no, no, no, no. I don't even
know what we're doing here. So I was just wondering if I could just
quickly run through the list so --
CHAIRMAN STRAIN: I'm trying.
Okay, Richard, let's start from the top. Do you have any
objection to limiting the following on the east side, and we'll go one
by one.
Page 53
Flt6a~ 1:;, 2~8
Golf cart paths.
MR. YOV ANOVICH: Okay.
CHAIRMAN STRAIN: Equestrian uses and trails. Just say no
objection or objection.
MR. YOV ANOVICH: No objection.
CHAIRMAN STRAIN: Fitness trails and shelters.
MR. YOV ANOVICH: No objections.
CHAIRMAN STRAIN: Parking lots.
MR. YOV ANOVICH: No objections.
CHAIRMAN STRAIN: Sidewalks.
MR. YOV ANOVICH: No objections.
CHAIRMAN STRAIN: Boats, non-motorized kayak and canoe
docks.
COMMISSIONER SCHIFFER: Mark, I have a comment.
CHAIRMAN STRAIN: Sure. Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: I mean, that is a nice backwater
area to kayak and canoe in, so why would we --
CHAIRMAN STRAIN: I think you'd want it on both sides.
COMMISSIONER CARON: I agree with that.
CHAIRMAN STRAIN: Well, you had it asterisked, so you don't
want it.
COMMISSIONER CARON: No, I had it asterisked because it
came up in discussion of creating lakes. Again, if the golf course went
away. So --
CHAIRMAN STRAIN: But ifthey didn't have lakes and they
wanted to use it on the west side, there's no objection --
COMMISSIONER CARON: No.
CHAIRMAN STRAIN: -- to that. Okay, we'll take that one out
then.
Guard houses and gatehouses would be only on the east side of
Vanderbilt Beach Road for the preserve district uses.
MR. YOV ANOVICH: That's fine.
Page 54
FeJk.J21, 20&
CHAIRMAN STRAIN: Okay. And then the last one would be
restroom facilities, only on the east side of Vanderbilt Drive for
passive facilities, for passive recreational uses.
We're at restroom facilities.
MR. YOV ANOVICH: No, hiking and nature trails -- I'm sorry--
stayed on both sides of the street.
CHAIRMAN STRAIN: Right. We're on restroom facilities.
MR. YOV ANOVICH: I know, sorry.
I don't think we object to restrooms coming out, that they can
only be on the east side.
CHAIRMAN STRAIN: So let me summarize one more time.
COMMISSIONER MURRAY: Yes.
CHAIRMAN STRAIN: Golf cart paths, equestrian uses and
trails, fitness trails and shelters, parking lots, sidewalks, guard houses
and gatehouses, and restroom facilities would be those types of
passive recreational areas limited to the east side of Vanderbilt Beach
Drive. And they'll be so noted by an asterisk, and the asterisk will be
at the end of that long list of items.
COMMISSIONER MURRAY: Goodjob.
CHAIRMAN STRAIN: Does everybody have that? Mr. Kolflat?
COMMISSIONER KOLFLA T: Well, in addition to that, since
the list has gotten long, let's duplicate whether we have duplications.
For example, under Roman numeral VI, it shows pathways and/or
bridges. Then if you go to the end of the listing, you'll see that as
designated as item five, pathways and/or bridges. So we only want one
of those and not two of those.
CHAIRMAN STRAIN: Okay, a suggestion would be why don't
we drop off number five, pathways and bridges and leave it under the
list of passive uses.
COMMISSIONER KOLFLA T: All right. And then if you'd also
CHAIRMAN STRAIN: Well, Mr. Kolflat, let me get Richard's
Page 55
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concurrence first. Is that okay with you, Richard?
MR. YOV ANOVICH: And that's fine.
And anticipating what Mr. Kolflat's about to say, number four
should go away as well --
COMMISSIONER KOLFLA T: Right.
MR. YOV ANOVICH: -- because that's also on the list.
COMMISSIONER KOLFLA T: That's good.
CHAIRMAN STRAIN: Okay. So we're going to take four and
five, and number six will actually become number four. Okay.
MR. YOV ANOVICH: We probably don't need three anymore,
do we, Jay? Because we say golf cart paths.
CHAIRMAN STRAIN: Okay, so--
COMMISSIONER MURRAY: Referencing bald eagle.
CHAIRMAN STRAIN: Okay, so the only thing left then is--
well, we have one, two and three. Three would be what is now number
six on our current sheet.
MR. YOV ANOVICH: Okay.
CHAIRMAN STRAIN: Okay. Margie, has that been fun to
follow?
MS. STUDENT-STIRLING: It certainly has.
CHAIRMAN STRAIN: Okay.
MS. STUDENT-STIRLING: I wanted a clarification, though,
because we did talk about the playgrounds. Did we agree that
playgrounds were going to be allowed on both sides?
CHAIRMAN STRAIN: No, they're eliminated.
MS. STUDENT-STIRLING: Oh, they're out. Thank you very
much.
CHAIRMAN STRAIN: And so is under 21, community and
neighbor, the words community and neighborhood were eliminated.
MS. STUDENT-STIRLING: Yeah, I got that, thank you.
CHAIRMAN STRAIN: Okay.
Now, Mr. Lorenz, if you have something that's going to not
Page 56
Feb14151wos'"
further confuse us and contribute to getting to the end, that would be
great. Otherwise, please don't interrupt.
MR. LORENZ: I just want to be able to point out that preserves
on the east side are Gopher Tortoise preserves, very specifically. And
a lot of these uses we would not allow to go in through a permitting
process.
So that's the one thing, that if those preserves are set aside for
gopher tortoises, the conservation easements are set aside for purposes
of managing for that listed species, then uses that are incompatible for
that purpose ofthe preserve I think should be excluded.
CHAIRMAN STRAIN: Okay. Now, the sections that you're talk
-- Bill, the restrictions you're talking about are all in the Land
Development Code; is that correct? Using Gopher Tortoise preserves
or structures and things, you're quoting something pursuant to the
Land Development Code, right?
MR. LORENZ: Well, I'm not sure that the Land Development
Code is explicit in terms of identifying which uses are allowed within
Gopher Tortoise preserves. But if we were to establish a land -- a
preserve management plan for Gopher Tortoises, we could identify
very specifically what can happen within those areas through that
preserve management plan --
CHAIRMAN STRAIN: Ms. Caron?
MR. LORENZ: But there's nothing explicitly listed in the LDC
for that.
COMMISSIONER CARON: Don't they have to do that, come
up with a management plan for gopher tortoises?
MR. LORENZ: Yes --
COMMISSIONER CARON: That's a requirement for them.
MR. LORENZ: Yes, they do. I just want to make sure that this
list doesn't guarantee that the permitted uses would give them that
guarantee within the Gopher Tortoise preserve.
COMMISSIONER CARON: And we probably should state that.
Page 57
Februa~ ~5,r2J,8 A
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I'm thoroughly confused. I
thought all of that property that we're now referring to was originally
allocated to be golf course property. Would there not be permits for
taking or relocation associated with that if in fact they were
determined as Gopher Tortoise property?
MR. YOV ANOVICH: I think we have to look at the master
plan. If you look at the master plan, east of Vanderbilt Drive there are
two designations: "P" for preserve and now GC. There used to be
three, but the R-l went away, or R-2, whichever one it was. So there
are two uses that can occur, two zoning districts east of Vanderbilt
Drive.
This PUD, if you look at it, originally said passive parks, passive
recreational areas, boardwalks, biking, hiking and nature trails were all
permitted uses within the area designated "P". We were then asked,
what does passive rec -- what are passive recreational areas. And we
came up with this list of uses to define that, because the Land
Development Code doesn't do that.
So any of these uses could go in those areas designated "P" that
are east of Vanderbilt Drive.
They're obviously is a much smaller area designated "P" than
GC on that side of the street. But anyone of these uses to could go
into that "P" area.
COMMISSIONER MURRAY: All right, let me understand
clearly. I'm looking at something on the visualizer here, right? I see
two areas where it says "P". And what you just said would have or
should apply to those two pieces where they're designated "P" as
preserve.
MR. YOV ANOVICH: Right, and then across the northern
portion of the property is another area.
COMMISSIONER MURRAY: Okay, fine, thank you. But my
point was, now, were we aware that there was Gopher Tortoise in
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those areas?
MR. YOV ANOVICH: I haven't heard there wasn't, but I don't
know --
COMMISSIONER MURRAY: It would be treated as a preserve,
so therefore that would not be an issue for you because it would be
treated as a preserve; is that a fair statement?
MR. YOV ANOVICH: It would be a preserve, yes.
COMMISSIONER MURRAY: Okay. But let's broaden it now,
because that's what we're talking about. This whole area would be then
possibly converted to preserves, correct? All of this area that is
designated golf course?
MR. YOV ANOVICH: It will stay GC, but it will have limited
uses.
COMMISSIONER MURRAY: Oh, it will remain as GC.
MR. YOV ANOVICH: It stays as GC. That's why I added these
uses to the GC district, it will stay GC.
COMMISSIONER MURRAY: Okay, thank you. So the only
ones that we're talking about that Mr. Lorenz is talking about that
could possibly be impacted then would be the two that are designated
"P" and the one above; is that correct?
MR. SCHMITT: Yeah, that's correct. For the record, Joe
Schmitt.
If you recall what happened, was when we had the golf course,
we made an agreement at the last meeting that if they didn't build the
golf course it would become "P". What we don't want to confuse is the
two different "P"s. There's preserve, which is actually preserves --
COMMISSIONER MURRAY: Real preserves.
MR. SCHMITT: -- and then what Rich said, what is now zoned
or on the master plan identified as golf course, if they do not build a
golf course would become --
COMMISSIONER MURRAY: Passive.
MR. SCHMITT: -- passive recreation.
Page 59
FebJa~ 15,~008A
So to clarify it, it would be only those areas identified on the
master plan as CG (sic).
CHAIRMAN STRAIN: Nothing has changed.
COMMISSIONER MURRAY: Excuse me--
MR. SCHMITT: GC, I'm sorry.
COMMISSIONER MURRAY: -- I just wanted to finish.
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: My point was, and I just want to
be absolutely clear, that whatever Mr. Lorenz brought up would be
appropriate to the designated preserves that on this map and not
relative to any of the other areas known as GC; is that correct? Or is
he introducing an argument about all of that area being subject to
gopher tortoise? That's what I want to understand.
MR. SCHMITT: It would actually be subject to actually the
SDP. When the SDP comes in, which is in for review, those areas are
identified in more detail on the SDP. What you have in front of you is
the master plan.
COMMISSIONER MURRAY: Okay.
MR. SCHMITT: I think we're making this more confusing than
it needs to be.
CHAIRMAN STRAIN: We are. Thank you, and I appreciate it,
Mr. Schmitt.
Mr. Lorenz, we understood you have rules to abide by. They're
going to have to abide by your rules when they come in for an SDP.
Any endangered species or threatened species, they'll have to adhere
to the rules. What we've done here today has not changed any of those
rules. So let's not suggest that we have.
Okay, we're done with Page 5. I and we're on Page 5.2.
Ms. Student?
MS. STUDENT-STIRLING: Thank you. I just had one other
clarification that I want to be clear on. Because in the description of
having certain uses only on the east side of Vanderbilt Drive for the
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guard houses and gatehouses and the restroom facilities, the additional
phrase was for "P" uses added. And I'm assuming that it only is for
these two items, because the other items would be part and parcel of a
"P" use, and these would sort of serve the "P" use. So that's what I
wanted to make sure of.
CHAIRMAN STRAIN: You have completely lost me on your
statement, Ms. Student. Now let's start all over again.
Before we do, Cherie', we're probably going to break at noon for
an hour, which is 30 minutes from now. And normally we give you an
hour and a half. Would that be okay with you?
THE COURT REPORTER: Yes.
CHAIRMAN STRAIN: Margie, start all over again.
MS. STUDENT-STIRLING: I'm sorry, I just wanted to clarify,
make sure we have this exactly right.
CHAIRMAN STRAIN: Margie, let me tell you what we did do.
We listed the various things that need an asterisk. The asterisk says
they're limited to the east side of Vanderbilt Beach Drive.
Do you have a legal problem with any of that?
MS. STUDENT-STIRLING: No, I do not.
CHAIRMAN STRAIN: Okay. Let's move on to 5.2. Anybody
on Page 5.2 have any further questions on Page 5.2?
(No response.)
CHAIRMAN STRAIN: Page 5.3?
(No response.)
CHAIRMAN STRAIN: Really no changes on 5.3.
On 6.1 ? General development commitments, starting with
Section 6.
(No response.)
CHAIRMAN STRAIN: 6.2?
MR. YOV ANOVICH: I raise the question just to see if you all--
paragraph 6.4(A) is clearly outdated. Do we want to update that or just
leave it alone?
Page 61
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February 25, 2008
CHAIRMAN STRAIN: Margie, is that something that as a result
of the settlement agreement and the amendment of this PUD subject to
the settlement agreement that we should mess with, or --
MS. STUDENT-STIRLING: I'd prefer just to leave it alone.
CHAIRMAN STRAIN: Any objection?
MR. YOV ANOVICH: We clearly missed it, so just so we're all
comfortable with that.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Excuse me, I just want to go back
to 6.1, Page 6.1.
CHAIRMAN STRAIN: Okay.
COMMISSIONER CARON: 6.3(B), all necessary easements,
dedications or other instruments shall be granted to ensure the
continued operation and maintenance of all service utilities and all
common areas in the project.
Ms. Student, does this include any conservation easement
dedications?
MR. SCHMITT: Yes.
MS. STUDENT-STIRLING: It could. The service utilities
would be like a public utility easement. All common areas --
MR. SCHMITT: All conservation easements have to be recorded
prior to release of the SDP. It's current LDC.
COMMISSIONER CARON: Thank you.
So we don't need now, as we did in the past, a date certain?
MR. SCHMITT: No. The SDP will --
COMMISSIONER CARON: Thank you.
MR. SCHMITT: -- not be approved unless the -- it has to go
through all --
COMMISSIONER CARON: Thank you.
MR. SCHMITT: -- conservation easement has to be recorded.
COMMISSIONER CARON: We know past issues are not that
way, so --
Page 62
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MR. SCHMITT: Yeah that was--
COMMISSIONER CARON: -- thank you.
MR. SCHMITT: --language in the PUD, yes.
CHAIRMAN STRAIN: Okay, Page 6.2?
MR. YOV ANOVICH: Just to point out, the conservation
easement issue is actually addressed in paragraph 5.5.
COMMISSIONER CARON: I think you're right.
CHAIRMAN STRAIN: Anything on Page 6.2?
(No response.)
CHAIRMAN STRAIN: Okay, Page 6.3?
COMMISSIONER MURRAY: Yes, sir.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: It seems to me, and I may be in
error, but when I read B-1 and 2, they appeared to be -- well, no, I just
saw something different, 50 feet. No, I didn't. They appear to be the
same. I couldn't see a difference.
MR. YOV ANOVICH: Can I -- my client has asked, because I
don't know. But I really would like staff to show me the Land
Development Code provision that says we have to record the -- they
don't have to do it now, but there was a statement said that it's required
under the Land Development Code that in order to get your site
development plan approved you have to record the conservation
easements. I just would like someone to cite me to the Land
Development Code provision that says that.
CHAIRMAN STRAIN: It's in my -- I have it in my truck, I'll get
it after the meeting. And it also references that if you apply for an
early work authorization, you need it at that time as well, so -- but
anyway, let's go on.
Mr. Murray brought up a concern. But B-1 and B-2 are not items
associated with a settlement agreement. But we can -- if you want to
ask the question, we can always get it answered.
MR. YOV ANOVICH: What section are we on now?
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CHAIRMAN STRAIN: Page 6.3, item B-1 and B-2. Mr. Murray
believes they're redundant. Was that a fair statement?
COMMISSIONER MURRAY: Well, there is a reference to
1,000 feet, but then it says all other cul-de-sacs. So I don't see where it
really impacts and says anything different.
CHAIRMAN STRAIN: But it's something we couldn't change
today as a result of the settlement agreement.
COMMISSIONER MURRAY: Okay. If that's true, that's fine.
CHAIRMAN STRAIN: Marjorie, Ms. Student, is this open to
the settlement agreement discussion today?
MS. STUDENT-STIRLING: No.
CHAIRMAN STRAIN: Thank you.
COMMISSIONER MURRAY: That's fine.
CHAIRMAN STRAIN: Page 6.4 has no changes on it.
Page 6.5 has one reference to an amended PUD master plan.
Page 6.6 has one small change on it.
Page 6.7 --
MR. YOV ANOVICH: Hold on, hold on. Never mind, my bad.
CHAIRMAN STRAIN: On Page 6.7, I believe you had
questioned Item F being left in.
MR. YOV ANOVICH: Yeah, that should be deleted.
CHAIRMAN STRAIN: Because the settlement agreement
addresses now how the Bald Eagle Management Plan is --
MR. YOV ANOVICH: Specifically the Bald Eagle Management
Plan itself.
CHAIRMAN STRAIN: So F I believe should be omitted. Does
anybody have any comment or concern?
COMMISSIONER CARON: I had a concern.
CHAIRMAN STRAIN: Well, comment, I should say.
6.8. Any questions on 6.8?
Ms. Student?
MS. STUDENT-STIRLING: Sorry, to go back to 6.7, paragraph
Febrla6 :l51wmA
6.11(A).
I do believe now that the excavation permits are covered in the
code of laws and not the land code. We'll double check and fix that
reference accordingly.
You see division 3.5 is stricken, but it says of the Land
Development Code, and I believe it's the Collier County Code of Laws
and Ordinances. They are two separate codes. So I just wanted to
double check that and fix that reference --
CHAIRMAN STRAIN: Richard, do you have any objection to
that?
MR. YOV ANOVICH: Whatever the correct code is is fine with
us.
CHAIRMAN STRAIN: Okay. Page 6.8?
(No response.)
CHAIRMAN STRAIN: Page 6.9?
(No response.)
CHAIRMAN STRAIN: And Ms. Student, if you were
referencing on your prior page, you might under 6.16 (A) and (B), the
references to the Land Development Code there, we may need now go
to the code of laws --
MS. STUDENT-STIRLING: Yes, we will--
CHAIRMAN STRAIN: -- since 04-41 has been in place.
MS. STUDENT-STIRLING: -- look at that, thank you.
CHAIRMAN STRAIN: The next page is the master plan exhibit.
Are there any comments, questions or concerns on the master plan?
(No response.)
MR. YOV ANOVICH: Can we put it on -- I didn't get the
exhibits as part of my e-mail. Can we put it on the visualizer so we
can all say yes, this is the same document? Because I believe the Bald
Eagle Management Plan that you may have gotten could be --
CHAIRMAN STRAIN: We're on the--
MR. YOV ANOVICH: I know that --
Page 65
FeJu~h~ 20cA
CHAIRMAN STRAIN: -- master plan first.
MR. YOV ANOVICH: -- that's why I'm saying, I'd like to see the
master plan to make sure we're all looking at the same document.
CHAIRMAN STRAIN: Well, hopefully the one that Mr.
Schmitt is bringing up is the one that we all read off of.
COMMISSIONER MURRAY: It should be revision date
1/25/08.
CHAIRMAN STRAIN: That's a good point. Let's see. Yes, that's
the one that Mr. Murray just cited as the revision date. That's correct.
That's the one that's in our packet.
MR. SCHMITT: Just for clarification, I want to make sure, this
is -- the Planning Commission approved this change.
CHAIRMAN STRAIN: We're aware of the change.
MR. SCHMITT: You're aware of the change.
CHAIRMAN STRAIN: Right.
The way it was discussed at our last meeting, it didn't seem there
was a lot of options, so --
MR. SCHMITT: That's the original, of course, showing that
preserve line, and now that preserve line, so --
MR. YOV ANOVICH: Okay.
CHAIRMAN STRAIN: Anybody have any problems with that
master plan?
COMMISSIONER CARON: Yeah.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, I think there are concerns.
This is what was discussed last time.
CHAIRMAN STRAIN: Okay. Move on to the Bald Eagle
Management Plan.
Now, I don't know which one you're -- hopefully Mr. Schmitt's
got the one that was distributed to us. No. At least not the one I saw.
Yeah, now that's the one. Mine had a crossed out Exhibit B on
the top.
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MR. YOV ANOVICH: Yours should say -- you'll be able to tell
the difference. This is Exhibit 2 that we had prepared and sent to you.
And it says, as amended on February 6th and February 27th, 2007.
That's the document that revised, you know, the sequencing based
upon the biological opinion issued subsequent to the original Bald
Eagle Management Plan. And that's the document that we prepared
and handed out to you all prior to the beginning of all of this
discussion, and was discussed specifically at the second meeting that
we had.
COMMISSIONER MURRAY: Mr. Chairman, it may be --
CHAIRMAN STRAIN: Yes, sir, Mr. Murray?
COMMISSIONER MURRAY: -- that that didn't print, that
Exhibit 2, the settlement agreement. Because it's certainly not on my
documents.
MR. YOV ANOVICH: That's why I wanted to specifically go
through this, because what you got is an outdated Bald Eagle
Management Plan. This is the correct one that we did -- you've seen
this. This is the one you've seen. I just wanted -- again, we didn't get
that exhibit and we're just pointing that out, so --
CHAIRMAN STRAIN: Well, the one that I have has all the
cross-outs that I'm seeing so far, it just doesn't have that bold language
on the bottom.
MR. YOV ANOVICH: Right. So the footnote changed.
CHAIRMAN STRAIN: Let's proceed with reviewing it a page at
a time, though.
Mr. Schiffer, then Ms. Caron.
COMMISSIONER SCHIFFER: The packet we received last
week from staff did not include that; is that right? Because mine
doesn't. And I -- so we have the old one in our staff package?
CHAIRMAN STRAIN: Mr. Klatzkow, do you know?
Ms. Caron?
COMMISSIONER SCHIFFER: All came in one binder.
Page 67
FellQ")hi 20A
COMMISSIONER CARON: Which I was just going to say,
came from the County Attorney's office, so obviously you don't have
the correct one either.
MR. KLATZKOW: No, I got handed this one I think this
mornmg.
MR. YOV ANOVICH: No, this has been provided to -- this was
provided to you all weeks, probably as much as months ago now from
us. Just the wrong one got put in the packet. So we want to go through.
You've seen this; we went through this at the last meeting as far
as the changes. I just need to make sure that the right version is
attached to the --
COMMISSIONER SCHIFFER: Could we get a copy of that
now?
CHAIRMAN STRAIN: Yeah, I was just going--
MR. YOV ANOVICH: Sure.
CHAIRMAN STRAIN: -- to suggest, Richard, we're going to
take a lunch break. Why don't we just have a copy. In case there's any
differences we can quickly review it over lunch and compare it to the
one in our packet and that would help us through it.
MR. YOV ANOVICH: It's not a very long document.
MR. SCHMITT: Here's the only change that he has --
COMMISSIONER MURRA Y: Ifthere's only one exhibit --
MR. SCHMITT: -- a strike-through where it says Exhibit B. But
all the other simple -- there were only a couple of changes during that
meeting. And Jeff has in that project description that you have in blue
is exactly matches what was stricken (sic) --
COMMISSIONER SCHIFFER: Mr. Chair, just for my record, I
wouldn't mind having a copy of it.
CHAIRMAN STRAIN: Okay. Richard, can someone--
MR. YOV ANOVICH: I've got it. So whoever wants to--
controls the copier around here, if they --
MR. SCHMITT: We'll get a copy. You need to look at it.
Page 68
FlflJ l, 20&8
COMMISSIONER ADELSTEIN: In the office.
CHAIRMAN STRAIN: We would need it -- Mr. Adelstein, we'll
need it before we go to lunch. We'll be going to lunch in 10 minutes.
MR. SCHMITT: And hopefully this --
MR. YOV ANOVICH: That's the same, I believe.
MR. SCHMITT: That's the same. That's the attachment to the
Bald Eagle Management Plan that you -- you identified that -- yeah,
that's where we put the circles on, the concentric circles --
MR. YOV ANOVICH: Right.
MR. SCHMITT: -- at the different dimensions.
CHAIRMAN STRAIN: Are there any concerns over that page?
Because ifthere isn't, then what will happen is during lunch we'll get
three pages to cross check against the Bald Eagle Management Plan
that we received in our packet. When we come back from lunch, we
can go ahead and resolve any issues with those three pages.
And before lunch I'll pass out the summary that I put together.
Remember, please, it was a draft. But when you get back from lunch,
I'd like to ask you all for your concurrence on each item in this draft
and we'll modify where necessary so that the BCC has something in
our -- from our review as to what happened in these last three
meetings, or last two meetings, as least. So let me pass that out now.
MR. SCHMITT: You want to go through the last two
attachments, Mr. Chairman?
CHAIRMAN STRAIN: Just a second, sir.
I have some for the County Attorney's office and for the clerk,
too, so -- the last two attachments were the Exhibit 3 to the settlement
agreement, which would be the phasing diagram of the takedown of
the conservation areas, should the golf course not be utilized there.
MR. SCHMITT: Exhibit 3.
CHAIRMAN STRAIN: Anybody have any problem with
Exhibit 3? It's the phasing diagram that we went over before.
And Exhibit 4 is the pathway diagram along Vanderbilt Beach
Page 69
Feb~~2!,100sA
Road that we went over -- Vanderbilt Drive that we went over before.
Does anybody have a problem with either one of those exhibits?
MR. YOV ANOVICH: Just give us one second. We've got to
find it.
CHAIRMAN STRAIN: Okay.
MR. YOV ANOVICH: That's fine. That's the right one.
CHAIRMAN STRAIN: The applicant says it's the right one.
Does anybody on the Planning Commission have a problem with any
of those exhibits?
Okay, then how fast can we get those copies made of the -- can
someone -- is there someone here who could take the copy from
Richard and take it next door to the BCC chambers and ask for 10
copies?
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: Why don't we go to lunch now
and beat the crowd and get back here --
CHAIRMAN STRAIN: I'm trying, as soon as you take this with
you. That's what I'm--
COMMISSIONER SCHIFFER: We can read it when we get
back.
CHAIRMAN STRAIN: We'll, I'm not sure everybody might
agree with you. So rather than have a dispute over how long we need
to read it, we'll give it to everybody before we go. Yeah, those are
extra copies. And Margie needs one, Jeff needs one and the clerk
needs one.
The summary that I handed out is just my draft ideas of some of
the higher points that we got into over the last few meetings. I know
there's a lot more, but that's all the fine text of the various documents
we've been reviewing. So I tried to highlight the big points to the
BCC.
I tried to do what I thought was as fair manner as possible,
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F}~<fry ~5, ~08
reflecting everybody's thoughts. It's certainly subject for debate and
change.
And if you all will hang around here for a few minutes before
you leave for lunch, why don't we just break for lunch now and then
we'll be back here at 1 :00. Does that work for everybody? Okay, let's
break for lunch and come back at I :00. And I ask the Planning
Commission just to hold off to leave their seats until we get the copies
being made for us. Thank you.
(Luncheon recess.)
(Commissioner Adelstein is not in the boardroom.)
CHAIRMAN STRAIN: Okay, everyone, welcome back. We had
a hopefully productive and working lunch.
We left off on two different documents. The Cocohatchee Bay
PUD Amended Bald Eagle Management Plan. The one we received in
our packet was revised and we should have been looking at a different
one that was handed out to us before lunchtime. So it would be
working offthat document as the one that will be actually part of this
package. And that is a few pages.
We'll start with the first page. First page of that document reads
Exhibit B, which has been crossed out and which I think needs to be
reinstated. Then it's titled Cocohatchee Bay PUD Amended Bald
Eagle Management Plan.
Does anybody have any -- Mr. Kolflat?
COMMISSIONER KOLFLA T: Up there on top where it says
project description, on the second line it talks about a golf driving
range. Where is that driving range located on the golf section there on
the map?
COMMISSIONER MURRAY: I thought that was in the western
section.
MR. YOV ANOVICH: It's on the west side of the road, east of
tower number five.
COMMISSIONER KOLFLAT: Is that close to the eagle's nest?
Page 71
Febrl9:Js,loosA
MR. YOV ANOVICH: It's on the --
COMMISSIONER MURRAY: Closer to the eastern side of the
west property line. The east property line.
CHAIRMAN STRAIN: It looks like on the plan it's between 330
and 500 feet is where your -- your back tee. But you've got a forward
tee up by Vanderbilt Drive.
MR. YOV ANOVICH: That's correct.
COMMISSIONER KOLFLAT: Thank you.
Next question I had was down on the bottom of that paragraph it
talks about that you shall purchase and preserve suitable habitat for
nesting bald eagles in the vicinity of Collier County and Southwest
Florida.
What's the maximum distance away from Collier County that
you expect it possibly to go from Naples area, or from the project?
MR. YOV ANOVICH: We haven't found the habitat yet. So Mr.
Kolflat, I can't tell you exactly where it's going to be. We have to find
bald eagle habitat. And our first priority is to try to get it here in
Collier and then work our way as close to Collier as we can get it.
COMMISSIONER KOLFLA T: So the criteria is basically to get
some property that's suitable but as close to Collier -- to this project
area as you can.
MR. YOV ANOVICH: Yes.
COMMISSIONER KOLFLA T: Okay, thank you.
CHAIRMAN STRAIN: Now, we're still on the first page of the
Amended Bald Eagle Management Plan.
I suggest that we reinstate the words that were crossed out
Exhibit B, because this is Exhibit B --
MR. YOV ANOVICH: Yes.
CHAIRMAN STRAIN: -- to the PUD.
MR. YOV ANOVICH: Yeah, when we originally prepared this
document it was exhibit to the settlement agreement. So we would go
back to --
Page 72
Feblag J5,~00~
CHAIRMAN STRAIN: Okay, are there any questions on the
first page? If not, we'll go to the second.
COMMISSIONER MURRAY : Yeah.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Just to make a comparison. I'm
not sure how we're going to proceed with this. But on the newest one,
under B-2, and it's logical, it says, however construction of this
20-story . We're going to treat this one as the only appropriate one; is
that correct?
CHAIRMAN STRAIN: Right. This one actually had been
passed out to us prior, and it just got missed going into the packet.
COMMISSIONER MURRAY: Okay. So this is the one that
should fly.
CHAIRMAN STRAIN: Right.
COMMISSIONER MURRAY: Okay. So then I withdraw that,
because that was something already understood.
CHAIRMAN STRAIN: Okay. We'll move to Page 2. Anybody
have any questions on Page 2?
COMMISSIONER MURRAY: I do have --
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: -- an item.
If you'll look on Page 2, for number seven, and then look on
Page 3 for number two, I believe those, at least a quick reading,
appear to be the same.
COMMISSIONER CARON: Excuse me, could you--
COMMISSIONER MURRAY: The difference is -- I just
discovered, the difference looks like 19-A is the point of -- on Page 2,
number seven. There is no other identification in number two on Page
3. So I'm in error.
CHAIRMAN STRAIN: Okay.
COMMISSIONER MURRAY: I was looking for a distinctive
difference and I've now seen it.
Page 73
Fe~'2120~
Other than that, it appears that they are the same.
CHAIRMAN STRAIN: Any other questions about that issue or
others on Page 2?
(No response.)
CHAIRMAN STRAIN: I don't know if them being similar in
context is a problem for this document, because one is laying out the
criteria for the other, so --
COMMISSIONER MURRAY: I agree.
CHAIRMAN STRAIN: -- we'll just go ahead and leave it like it
IS.
COMMISSIONER MURRAY: That's fine.
CHAIRMAN STRAIN: Page 3, anybody have any questions?
Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah. My question is the
description of the location of this tree. It's 5,000 feet northwest of the
existing tree. Is the existing tree being referenced in 19 or 19-A?
MR. YOV ANOVICH: Nineteen. The original tree.
COMMISSIONER SCHIFFER: Can you put like a parenthesis
and say 19, just to --
CHAIRMAN STRAIN: That's down at the bottom of Page 3,
Brad?
COMMISSIONER SCHIFFER: Yes, in D, the first sentence.
CHAIRMAN STRAIN: So it would be 5,000 feet northwest of
existing nest tree 19, C.O. 19; is that right?
COMMISSIONER SCHIFFER: Yes, thank you.
CHAIRMAN STRAIN: Okay. Any other questions on Page 3?
(No response.)
CHAIRMAN STRAIN: Okay, on Page 4?
(No response.)
CHAIRMAN STRAIN: And the last page, Page 5, has two
paragraphs on it, up on top.
Any questions for the remainder of the document?
Page 74
le~u~~25, ~08
(No response.)
CHAIRMAN STRAIN: Well, Mr. Murray, you may be right.
Timing.
COMMISSIONER MURRAY: Let's not jinx it.
CHAIRMAN STRAIN: With that, we've gone through the
settlement agreement, the amended PUD, the exhibits to both the
settlement agreement and the amended PUD and the Bald Eagle
Management Plan.
And before lunch I passed out a summary that I would like to
accompany this review to the BCC. I wrote it under the intention of
just explaining our processes and what we went through and what our
bigger issues were in regards to these discussions. And I'd like to walk
through the items on that so that if anybody has any recommended
changes or corrections.
Ms. Caron?
COMMISSIONER CARON: Before you do that, we have no
zoning staff here, and I did have a question for zoning staff, but I will
also address it to the petitioner as well.
This entire agreement is prefaced on the SOP's that are going
through review now. Is there anything that you are aware ofthat
would constitute a substantive change to what is on the plans as they
exist today?
MR. YOV ANOVICH: Not that we're aware of. And we've
asked, frankly, your staff to tell us the same from their perspective.
That's why you'll see in the settlement agreement itself the references
that each party is not aware of anything, any facts that would prevent
us from being able to finalize, you know, the settlement agreement.
We're not aware of anything that would, from our perspective, prevent
that from happening.
Are they not coming back?
COMMISSIONER CARON: I don't know, but I would certainly
like to have them on the record.
Page 75
Feb~" 151200~
CHAIRMAN STRAIN: Well, they just went on the record,
there's nothing substantive --
COMMISSIONER CARON: No, no, no, the staff.
CHAIRMAN STRAIN: Oh. Well, if they're coming back, do
you think --
MR. KLA TZKOW: I don't know that they're coming back.
CHAIRMAN STRAIN: Okay. Well, Mr. Schmitt, if you're
within range, please come back.
COMMISSIONER CARON: Drop by.
MR. YOV ANOVICH: Maybe the environmental staff could say
that they don't know of anything. At least we could get some of it
done.
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Yes, sir, Mr. Schiffer?
COMMISSIONER SCHIFFER: Looking in the Bald Eagle Plan,
one thing we didn't look at is there's an attached drawing in the Bald
Eagle Plan showing distances. Attachment one.
CHAIRMAN STRAIN: I thought we -- well, we had talked
about it before lunch but we can go over it again. Is there any concerns
with that page?
COMMISSIONER SCHIFFER: Well, what is the real intent of
that, just to show -- what's the importance of these radiuses? Maybe
Bill can tell me that quickly.
MR. YOV ANOVICH: I'll put it on the visualizer and make sure
we're all reading from the same document.
Is this what you're talking about, Mr. Schiffer?
COMMISSIONER SCHIFFER: Yes.
MR. YOV ANOVICH: Actually, you -- the commission had
asked us to add all of those references. I think we had the 330 and the
660 -- or is it 500?
COMMISSIONER MURRAY: Yes.
MR. YOV ANOVICH: Yeah. And then the Planning
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Commission asked us to add the old guidelines onto the same drawing.
No?
MR. WESTENDORF: For the record, Jay Westendorf,
Vanasse-Daylor.
The exhibit that's included in this actually came from the
biological opinion that U.S. Fish & Wildlife issued. And it had
originally pertained to the phasing of the buildings. So we had to show
all the buildings and which one gets constructed first.
That already had concentric circles on there. The distances were
just to get a range or a bearing of actual distances on the plan. They
had no other relevance whatsoever.
At one of our previous gatherings here, staff asked us to add 330
foot and 660 feet to the exhibit. Other than that change, it's exactly the
way it is in the biological opinion.
COMMISSIONER SCHIFFER: Okay, thank you.
CHAIRMAN STRAIN: Okay. Well, in the meantime let's go
over the summary, and then any corrections or changes needed to that.
And by then if the staff is back here, fine. If not, we're probably going
to see this come back on a consent agenda with all the tweaking done
to refine it so that we can give it our final consent like the policy we
put in place a while back.
So with that in mind, let's go to the first page ofthe summary.
And item one, anybody have any questions about the statements made
on item one? This is what we would send to the BCC as a summary of
our product, as well as the documents that we've got listed here.
Mr. Murray?
COMMISSIONER MURRAY: Yeah, referencing a thought that
where possible, wherever possible, when we reference amended
PUD's and so forth, any exhibits that have dates or other
identifications, if they were in there it would be really good. Because
there's so many documents floating around that hopefully we'll have it
all clear. But it's not an absolute critical factor, but it might help.
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CHAIRMAN STRAIN: That's a good idea. And Mr. Murray,
what I'll do is I'll add the dates to every line item on here that has a
document that is specifically dated, and we'll include that as part of
our reference. That way we're not mistaking what document it is we're
approvmg.
COMMISSIONER MURRAY: I think it's a good idea.
CHAIRMAN STRAIN: Thank you.
Anything on item two?
MR. YOV ANOVICH: I'm sorry, Mr. Strain, I didn't hear you.
On number D, II --
CHAIRMAN STRAIN: Yes.
MR. YOV ANOVICH: -- I think you were referencing both
amendments. There's an amendment to the -- the amended master plan
probably should be referenced as well. You referenced the amended
Bald Eagle Management Plan, but there's also an amendment to the
master plan.
CHAIRMAN STRAIN: No, if you look at D, D, ofthe exhibits
to the settlement agreement. The master plan is an exhibit to the
amended PUD, not to the settlement agreement. I was simply
clarifying what the amended PUD was, that it did include the Bald
Eagle Management Plan. Because ifl hadn't, I was worried that
someone would think we're not including that. So I simply relisted it
there.
But your Exhibit A is the master plan. It was in the original PUD
and it is in the amended PUD. And it's also referenced up on B above,
so it gets in there.
MR. YOV ANOVICH: Okay.
CHAIRMAN STRAIN: I just wanted everyone to know, I had
not forgotten the Bald Eagle Management Plan.
Okay, number two?
(No response.)
CHAIRMAN STRAIN: Number three on the next page?
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(No response.)
CHAIRMAN STRAIN: Number four talks about our passive
recreation issue, but we've refined that again today.
(No response.)
CHAIRMAN STRAIN: Number five?
COMMISSIONER KOLFLA T: I.
CHAIRMAN STRAIN: Mr. -- not Mr. Klatzkow, Mr. Kolflat. I
had to catch myself there.
COMMISSIONER KOLFLA T: In there you say the project is
utilizing two stores of primarily under-building parking. I think you
meant two stories.
CHAIRMAN STRAIN: Absolutely right. Thank you, sir.
COMMISSIONER KOLFLAT: Now, this brings to light a
question that is not necessarily in this document, but we discussed
earlier. And that is the earlier document said that the elevation, the
base elevation would range in the project from 1.5 to II feet
difference through the area. And my question is in ascertaining the
height of the various buildings, these tall towers, ifthere's differences
there, one building is graded at .1, the other's graded at .11, why there
will be a difference in height then at the top of the building if they
start it at the lower elevation or a different elevation. And should that
be addressed in the other document?
CHAIRMAN STRAIN: Well, I think the code allows them to
start the measurement from FEMA, which is your flood elevation code
-- your flood elevation height. Or if you have two floors of
underground parking, you can start at the finished level of that top
second story of your underground parking.
COMMISSIONER KOLFLA T: But doesn't the base elevation
come into play someplace as far as where these are?
CHAIRMAN STRAIN: With actual height. But I don't believe
actual height's addressed in this PUD. I can't remember offhand right
now, but it wasn't brought out in the settlement agreement that I know
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of.
COMMISSIONER KOLFLA T: What would concern me was
that the difference in elevation that would go from almost zero or .1 up
to II feet, there's about a lO-foot difference. And if you're going to
build five different structures, why if you stagger that, you could have
10 feet difference in height.
CHAIRMAN STRAIN: Good point. Of course you've got to
understand, the buildings will be several hundred feet back from
Vanderbilt Drive and they'll be 200 feet high. I don't know if a 10- foot
COMMISSIONER KOLFLA T: I'm not saying there's a
significant difference, but there is a difference.
CHAIRMAN STRAIN: I honestly don't disagree with you, but I
think the measurement that we have in the code requires them to use
FEMA for your measurement basis. How they get there and what they
do below that is up to them.
Mr. Schiffer?
COMMISSIONER SCHIFFER: Yeah, and Mark on this one,
actually the PUD set it up where they're measuring from the first
habitable level. So yes, they do have the ability to playa little bit with
that habitable level, but there's nothing we can do about that.
CHAIRMAN STRAIN: Right, I would tend to agree with you.
COMMISSIONER KOLFLAT: Okay, thank you.
CHAIRMAN STRAIN: Thank you, sir.
Item six is lengthy. I tried to relay what everybody talked about
for that second big meeting we had.
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: Do we have to talk about six?
CHAIRMAN STRAIN: What do you mean, now?
COMMISSIONER SCHIFFER: I mean, do we have to -- no, do
we have to in this thing put in a conversation about six?
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CHAIRMAN STRAIN: No, we -- I mean, I put it there because I
thought you'd be the one to ask for it ifl didn't, so -- I mean, you
know, six is more there for your benefit, Brad, because you were the
one that made the issue of it. And I was trying to be more courteous to
you since it's the district you live in, so --
COMMISSIONER SCHIFFER: Well, yeah. But I mean, first of
all, the outcome isn't what I would like, but the concept was is they
were trying to bring in something into the settlement that would lessen
the separation between buildings, and I thought we kind of left that
look. The PUD says what it says, it's up to the staff. I didn't want the
CCPC to get involved in endorsing something that I didn't think was
correct.
So do we have to discuss this at all? Is it something that was in
the original agreement that the commissioners know about, or is it
something that they brought in and we took out? In other words, will
they be missing this if it's not there?
CHAIRMAN STRAIN: And again, I -- Brad, I was trying to be
as thorough as possible to get everybody's strongest feelings on
record. If it's not ne~ded, if -- and you were the one primarily
questioning this, you and Donna. If you guys -- I don't need it there.
Again, I was trying to make sure I got as much of everything
everybody wanted to say on here. We could leave it with the first two
sentences and note that the Planning Commission decided to let the
language of the PUD remain as the interpretive language for this
particular issue and leave it at that.
COMMISSIONER SCHIFFER: Yeah, we could have a shorter
thing, I'll agree with that.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: Yeah, thank you. And I think I
understand Brad's comments, because there will be some discussion, I
submit, with regard to the issue of angled or skewed buildings. But I
think this works to the benefit of the elucidation that comes from it.
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The issues that we faced and qualified and that with all of that,
nevertheless it ends up with the fact that it can be administratively
dealt with.
And we've edited it pretty well. I think it gives the
commissioners an opportunity to realize the extent of what we went
into this. So I would be an advocate for keeping it.
CHAIRMAN STRAIN: Ms. Caron, and then Mr. Kolflat.
COMMISSIONER CARON: I'm definitely an advocate for
keeping the discussion in there. I believe that it absolutely defies
credulity on the part of both staff and the petitioner that that asterisk in
the development standards table means that 251- foot buildings can
essentially be built with zero lot lines.
(At which time, Commissioner Adelstein enters the boardroom.)
COMMISSIONER CARON: In fact, during the 2000 BCC
hearings, Ron Nino, who was presenting at the time stated for the
record that this project -- and he went into great detail about this to be
visual for the entire room so that those people who just didn't
understand feet and inches could also have a visual idea of what was
being discussed.
And he stated for the record that the project would have the
same development standards as Pelican Bay relative to spacing ability.
The development standards are exactly the same, he said, one-half of
the sum of the height of the buildings.
Neither the petitioner nor his agent bothered to correct this fact,
so the board accepted it at face value.
I believe, as the County Attorney said -- stated on the record,
that both staff and this commission have every right to exercise good
planning judgment when it comes to this matter. And I'd submit, based
on my last statement, original intent as well. And I think we should
exercise that right in any recommendation to the board.
I am absolutely an advocate. I think if anything, I would make
this six a stronger statement than what's there. But at any rate, I am
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definitely in favor of keeping it in.
MR. YOV ANOVICH: Mr. Strain, ifl can --
CHAIRMAN STRAIN: Yes, go ahead.
MR. YOV ANOVICH: -- just briefly make a statement.
The Pelican Bay PUD has provisions for the reduction of
building separation when there is a common architectural theme. So
Mr. Nino was correct when he made that statement. And if you were
to read the Pelican Bay PUD, you would see that for common
architectural theme you don't have to meet the one-halfthe sum of the
building height.
So I think to put in context what Mr. Nino said, that was true,
there was a footnote to allow this to happen. I don't think it's fair to
characterize those conversations that the developer or whatever staff
said means that there was not the possibility for there to be a reduction
in building separation.
CHAIRMAN STRAIN: Well--
COMMISSIONER CARON: And again, what we discussed was
that absolutely, Brad went into great detail about what skewing those
buildings would do and how it would change the setbacks.
CHAIRMAN STRAIN: Mr. Kolflat, I think. Brad, then we'll go
to you.
COMMISSIONER KOLFLA T: Yes, I endorse that 100 percent.
I think we should put a statement in there, and I would agree that -- I
would even favor a stronger one. But we were told we could not go
only so far as far as changing what had already been in there. But I
certainly think expressing our opinion as to what we feel is in order.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: And this is to Rich. I don't
know how familiar -- at the original hearing, was it pointed out that
the drawings people were looking at, that the separations in the table
were not met?
MR. YOV ANOVICH: I wasn't there.
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CHAIRMAN STRAIN: You need to use the microphone.
MR. YOVANOVICH: I'm sorry.
I was not involved in this project during the original hearings.
COMMISSIONER SCHIFFER: Is there anybody in the room
who was there?
MR. YOV ANOVICH: The original 2000 PUD adoption hearing.
Mr. Griffin was there.
MR. GRIFFIN: There were no buildings.
MR. YOV ANOVICH: But there were no buildings that I know
of, or what I'm being told.
CHAIRMAN STRAIN: The PUD in the back of the original-- I
mean, the master plan in the back of the original PUD I think was one
of those typical blank PUD's that just shows "R".
COMMISSIONER SCHIFFER: So then when did the first plan
that showed buildings, when was that developed? For the Bald Eagle
Plan?
MR. YOV ANOVICH: The SDP's -- is it about three years ago?
I've lost track of how many years ago we submitted the SDP's. Four
years ago?
When those SDP's were drafted, they were consistent with the
Bald Eagle Management Plan. That's when five buildings were
identified with the building separations that you see in front of you
today.
CHAIRMAN STRAIN: Well, let's get a consensus on whether
or not we want to leave this as written or if we want to make a change
to it.
I'll start with Mr. Kolflat. You want to leave it in?
COMMISSIONER KOLFLAT: Yes.
CHAIRMAN STRAIN: Mr. Schiffer, you want to see it altered,
or do you care if it's left in or not?
COMMISSIONER SCHIFFER: I mean, I wanted to pull this
away from the Planning Commission. I did not want them to deal with
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dealing with what this footnote meant and what the other plans meant.
Ifwe do leave it in, then I certainly would like to be involved in
the writing of it and would certainly be a lot stricter than the one you
have in there.
CHAIRMAN STRAIN: Well, see, I don't -- a lot stricter. You
want to get into the debate on the meaning of the intent in the PUD.
That wasn't an issue that was presented in the settlement agreement. I
simply was trying to express your concerns in this.
If that isn't going to work, we shouldn't be opening up a new
subject that is not addressed in the settlement agreement. If this goes
to that, that was never the intent.
I was trying to be -- honestly, I was simply trying to make this
discussion simpler by putting some reference in here that we did
discuss it at length, that we had different thoughts on it, so that ifthe
BCC wanted to consider it and it would be highlighted to them, they
could further do so.
If you all think this is an opening to get into items that were not
in the settlement agreement, I think that's a mistake and I think we
need to back it back out then.
COMMISSIONER MURRAY: No.
COMMISSIONER SCHIFFER: Let me --
CHAIRMAN STRAIN: I just thought an unbiased discussion is
all I was trying to get across.
Mr. Schiffer?
COMMISSIONER SCHIFFER: Jeff, let me ask you this: Where
this became a discussion for us is when there was a version of the
settlement agreement that included reducing this dimension to 100
feet.
Is that something that was in -- what the commissioners were
looking at originally? When they handed it off to us, was that in there?
MR. KLATZKOW: I thought that was new.
COMMISSIONER MURRAY: It doesn't matter.
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MR. YOV ANOVICH: Well, the reason this went to you all in
the first place is we added that language to the settlement agreement to
clarify building separation. And when that language was added, that's
when it was sent back to you.
That language is out now. So I would assume had we not put
that language in in the first place, we never would have found our way
to the Planning Commission. Because that was the language that was
added that basically sent us here.
So you guys have recommended to this point take that language
out, leave whatever the PUD language is. Staff says that our SDP's are
consistent with the PUD.
And I believe, although you may disagree with that, Mr.
Schiffer, you've said that's a staff decision, let's move on with life.
COMMISSIONER SCHIFFER: But I didn't get an answer to my
question.
Was that wording looking for a reduction in the separation
between buildings in the version that the commissioners had that they
sent to us?
MR. YOV ANOVICH: Yes. That wording was in that version --
MR. GRIFFIN: It was taken out.
CHAIRMAN STRAIN: And see, Brad, if you read the
dissertation here, it leads up to the conclusion that we said drop the
language, take it out, leave the interpretation up to the staff and the
PUD.
My discussion here was not to take sides, but simply to tell the
BCC our reasoning for requesting that that sentence be taken out or
that reference be taken out of the settlement agreement.
COMMISSIONER SCHIFFER: If the answer is yes, before the
commissioners' eyes that was in there before it came to us, then we
have to respond to it. If it wasn't, if it's something that you put in after
that and then we took out and they're not aware of it, then we don't
have to respond to it, in my mind.
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So if we know for sure, Jeff -- do we know? Is there a way we
could see for sure?
MR. KLATZKOW: Rich was in this process before I came here.
COMMISSIONER SCHIFFER: Then we have to answer it. We
have to write a paragraph that --
CHAIRMAN STRAIN: Mr. Kolflat?
MR. YOV ANOVICH: Mr. Schiffer, they saw that language, and
then we did delete it.
COMMISSIONER SCHIFFER: Then we've got to talk about it.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLA T: I have a transcript of
Commissioner Coyle's remarks at the November 27th meeting in
which he put forward the charge that we should do at this Planning
Commission. And basically there were five points that I could
summarize that are in there.
One is are there any disadvantages to the county contained
within the settlement agreement.
Two, what are the potential impacts of the settlement agreement
on our Land Development Code and its interpretation.
Three, what are the provisions in the settlement agreement likely
to do both positive and/or negative.
Four, a look at larger issues.
Seems to me that those guidelines and those directions offer us
the opportunity to make an expression of how we feel about these
building heights, even though it wasn't out of the previous PUD. And I
would certainly endorse the comments made so far that we should
address that issue, since we were asked to comment on it.
COMMISSIONER SCHIFFER: Then let's do it.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I remember seeing
Commissioner Coyle make his statement as well, and remember his --
what locked into my mind was that his intent was to find out
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everything we could about everything we could so that they would
have a better vetted document to work with and be a better conclusion.
Now, as to expressing our opinions, the problem I perceive is
that we may very well all have different opinions and it's difficult to
express that unless we want to do a point counterpoint.
My view is that this was a summary, this language that was
prepared was a summary that we went through and the conclusion that
was reached, whether we particularly liked it or not.
And I would be just as happy leaving it the way it is. Ifwe could
find another way to make it stronger, we might be doing another two
or four hours. Because I think this is what we spent most of our time
on -- well, perhaps not most -- but an awful lot of time on the last time
and never was able to reach a good conclusion because of the -- we
were stopped by the simple statement where buildings with a common
architectural theme, da, da, da, da.
So that's my statement. I don't know whether it supports
everybody, but that's my view. I think we ought to stay with what we
have here.
CHAIRMAN STRAIN: The intent of this statement for all of
you again was simply to try to express to the BCC how we got to the
last sentence which says basically remove the reference to the
separation from the settlement agreement. And that was the conclusion
I thought we had all come to at that point.
Having that in mind, number six, does the majority of this
commission feel it needs to be changed or left as it is? And I would
like to propose that in a straw vote. I mean, I don't know how you call
-- I guess you could call it whatever you want.
Those of us that can accept it the way it is written, signify by
raising your hand and saying aye.
MR. MURRAY: (Indicating.)
COMMISSIONER KOLFLAT: (Indicating.)
CHAIRMAN STRAIN: (Indicating.)
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COMMISSIONER ADELSTEIN: (Indicating.)
COMMISSIONER VIGLIOTTI: (Indicating.)
CHAIRMAN STRAIN: One, two, three four.
Those who wish to see it changed?
COMMISSIONER SCHIFFER: (Indicating.)
COMMISSIONER CARON: (Indicating.)
CHAIRMAN STRAIN: One, two.
COMMISSIONER SCHIFFER: Can we discuss what we would
change, Mark? I mean --
CHAIRMAN STRAIN: Sure. But the point is that I think we
want to keep a dissertation leading to a conclusion here. Not get in --
not necessarily get into the merits of whether or not the PUD's
language is correct or incorrect.
Go ahead, Brad.
COMMISSIONER SCHIFFER: I'd be happy with it if -- in the
lower paragraph on the first page you get into a discussion about the
accessory buildings. I would like you to strike that. That has nothing
to do with the issue.
So where it starts in addition and go down to, you know, the
accessory structures are less than two stories in height, just kill all that.
CHAIRMAN STRAIN: Okay. And that goes down to the word
however?
COMMISSIONER SCHIFFER: Go down to the word do.
CHAIRMAN STRAIN: Hold on a second. Oh, okay, so from the
word in addition --
COMMISSIONER SCHIFFER: Right.
CHAIRMAN STRAIN: -- to the word do. You're suggesting we
strike those two sentences.
COMMISSIONER SCHIFFER: Correct.
CHAIRMAN STRAIN: And that basically is a discussion about
accessory structures.
COMMISSIONER SCHIFFER: Right.
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CHAIRMAN STRAIN: I mean, I don't have a problem with that.
Again, it's --
COMMISSIONER SCHIFFER: Keep them focused on the --
CHAIRMAN STRAIN: Anybody have a concern with that?
COMMISSIONER MURRAY: No.
COMMISSIONER VIGLIOTTI: No.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: And then that last thing is the
alternate redesign ofthe site plan, that's nothing to do with us.
CHAIRMAN STRAIN: Now where are you talking about?
COMMISSIONER SCHIFFER: Turn the page on the last this. I
would recommend striking that. That's something they can discuss.
CHAIRMAN STRAIN: Yeah, it doesn't matter to me. Anybody
have any problem striking that?
COMMISSIONER CARON: I thought that was a good comment
to make.
CHAIRMAN STRAIN: I did, too. I thought it helped explain
why we made our decision, Brad, so --
COMMISSIONER SCHIFFER: I don't remember us ever
discussing that, but did we?
CHAIRMAN STRAIN: Oh, well, maybe we didn't then. Ifwe
didn't want to -- it doesn't matter to me whether it's in. It's up to you
guys.
COMMISSIONER MURRAY: Leave it in there, because --
CHAIRMAN STRAIN: One in.
Donna, in or out?
COMMISSIONER CARON: I think it should be in.
CHAIRMAN STRAIN: Mr. Kolflat?
COMMISSIONER KOLFLA T: In.
COMMISSIONER SCHIFFER: But there is other alternates to
the design of the site, that's what's not fair about it. Better alternates
that would not cause moving the towers towards the street.
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COMMISSIONER CARON: And that's -- that's probably the
one thing -- paragraph that Brad should write, if there are other
alternatives to doing that.
COMMISSIONER SCHIFFER: I mean, they could do the
spacing. I mean, but anyway, in other words, I don't think we should
be designing the site plan for them alternately.
CHAIRMAN STRAIN: No, I don't think it -- this wasn't an
attempt to do that. It was just to suggest a solution ifthe BCC wanted
one, that's all.
COMMISSIONER SCHIFFER: Well, Rich I'm sure will point it
out.
CHAIRMAN STRAIN: I don't care if it's in or out.
COMMISSIONER VIGLIOTTI: I'd leave it in.
COMMISSIONER MURRA Y: I want it in.
COMMISSIONER ADELSTEIN: I do, too.
CHAIRMAN STRAIN: Mr. Kolflat's --
COMMISSIONER KOLFLA T: In.
COMMISSIONER MURRAY: They're going to want--
CHAIRMAN STRAIN: Brad, you've got everybody but yourself
wanting -- I mean, I personally don't care, so you got --
COMMISSIONER SCHIFFER: That's fine, leave it in.
COMMISSIONER MURRAY: The commissioners want more
information, not less.
CHAIRMAN STRAIN: So I'll strike the two sentences on the
reference in the accessory facilities, and then I'll move on to paragraph
-- then paragraph seven. This is the one about submerged lands. That's
been taken out.
Paragraph eight talks about the single-family homes and how we
had to add standards for those.
And paragraph nine is the standards needed to -- because
accessory structures had to be addressed.
And that's the major bullet points that I had thought were --
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needed to be highlighted, in addition to all the strike-throughs and
changes we're going to be recommending to the BCC.
Is everybody sufficiently comfortable with that at this point?
MR. YOV ANOVICH: Mr. Strain, i[I can --
CHAIRMAN STRAIN : Yes, sir.
MR. YOV ANOVICH: -- keeping it in context with what Mr.
Schiffer said.
The board never saw the submerged land paragraph.
CHAIRMAN STRAIN: They didn't?
MR. YOV ANOVICH: That became an issue after the BCC
delivery to you all, if my memory's correct. That came up after it was
sent to you all and someone raised the issue of doing the recalculation.
So I don't know if you want to put -- that may just confuse the issue on
that paragraph, since it was never raised to the BCC through a version
of the settlement agreement that they've seen. I just bring that up.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: It wasn't raised in the settlement
agreement itself until -- and I don't know who it was asked that it be
put there.
However, there was long discussion about it at the BCC during
that public hearing. So I think the commissioners are well aware of it
and I think leaving it in there is --
MR. YOV ANOVICH: Just when they go to compare, what did
they originally see versus the strike-through and underlined you
deliver. They're going to say why is this struck through on the later
version when we never saw it on the earlier version. That's the only
reason I bring that up.
CHAIRMAN STRAIN: I bet you could explain it away too,
Richard.
MR. YOV ANOVICH: I'd be happy to. I'll try to.
CHAIRMAN STRAIN: Mr. Murray, did you have something
you wanted to follow up on?w
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COMMISSIONER MURRAY: Just that it shouldn't be
precluded because of that. And I grant you, it might make it a little
more difficult for you, Richard, but I think that they asked us to vet it,
and if we found things, even though they hadn't seen them, I'm pretty
sure that's what Commissioner Coyle stated he wanted done and the
rest of the commissioners agreed with him. So that's my view.
CHAIRMAN STRAIN: Okay. Now, I've made notes on this
document as we've gone along and I'll make the changes to it and
forward it to Mr. Kolflat -- I mean Mr. Klatzkow. And I can do that
within the next day or so.
And Mr. Klatzkow at lunch said that he could get most of the
other documents completed by the end of the week, he could send
them back out with the changes so that we could have it well reviewed
before our consent agenda item.
The consent agenda, as you recall, is simply to acknowledge that
the changes made were consistent with today's meeting.
So we need to vote on what we've decided on here today or what
we've talked about here today. And the vote would simply be an
acknowledgement that the changes that we've received on the
settlement agreement and those on the amended PUD, subject to those
directions given to the county legal staff today, and as well as the
summary discussion presented you, subject to the changes you've
asked me to make, is approved to be recommended to the BCC for
their review.
COMMISSIONER MURRAY: So moved.
COMMISSIONER ADELSTEIN: Second.
CHAIRMAN STRAIN: Motion made by Commissioner Murray,
seconded by Commissioner Adelstein.
Now, is there discussion?
COMMISSIONER CARON: You're recommending for their
reVIew.
CHAIRMAN STRAIN: We're sending it to them. They asked us
Page 93
FJ,~aJ 1, 20~8
to review it, we're sending it to them for their further review with our
comments.
Okay, all those in favor of the motion, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
MR. MURRAY: Aye.
COMMISSIONER KOLFLA T: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 7-0.
Thank you all. And I think that's all we have --
COMMISSIONER CARON: 6th.
CHAIRMAN STRAIN: March 6th, yeah, we'll have a consent
agenda item like we have set policy for. It will be an
acknowledgement that the corrections were made and then that will be
done.
So with that, does anybody else have any closing comments to
this meeting?
(No response.)
CHAIRMAN STRAIN: Ifnot, I'll ask for a motion to adjourn.
COMMISSIONER VIGLIOTTI: So moved.
CHAIRMAN STRAIN: Commissioner Vigliotti made a motion.
Seconded by?
COMMISSIONER ADELSTEIN: I'll second it.
CHAIRMAN STRAIN: Mr. Adelstein.
All in favor, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
MR. MURRAY: Aye.
COMMISSIONER KOLFLA T: Aye.
Page 94
FeJ~ 2l20A
CHAIRMAN STRAIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER VIGLIOTTI: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries. Thank you all.
******
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 1:36 p.m.
COLLIER COUNTY
PLANNING COMMISSION
/V ~l r
C'-'
Mar Strain, Chairman
These minutes approved by the board on II - 11 - 0 'b as
presented or as corrected
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
Page 95
6GENDA
COLLIER COUNTY CONTRACTORS' L1CENSit'JG BOARD
j
,", \':~-~--!..~-:"7'" DATE WEDNESDAY.. APRIL 16,2008
.. 13 Cl ; ! I . 1/~__ TIME' 900 A.M
d31C\S"'fffi'" .
rienning'-172 . -,.~~
(;oyle .,c2. ___ w. HARMON TURNER BUILDING
'o\etta~-~ (ADMINISTRATION BUILDING)
COURTHOUSE COMPLEX
#tfA.',L t.r16 J 1 A
.
QECEIVED
APR 1 0 2tm
,'I ;.,,;ounty ComrnI8SlOnIn
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE
PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS W\DE, WHICH RECORD INCLUDES THAT TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED
I. ROLL CALL
II ADDITIONS OR DELETIONS
III. APPROVAL OF AGENDA
IV APPROVAL OF MINUTES
DA TE March 19. 2008
V DISCUSSION'
VI NEW BUSINESS.
Angel Carrasco - Request reinstatement of Landscaprng.Restr & Irngation license
Without retesting
ROOert Abbondandolo -Request reinstatement of Trle & Marble license without retesting,
Charlie Ccrrado - Request reinstatement of Paintrng license without retesting
...
Douglas Fleischmann - Request reinstatement of Paint,ng License without retesting
VII OLD BUSINESS
VIII PUBLIC HEARINGS
Case #2008-05
Case #2008.06
IX REPORTS.
X. NEXT MEETING DATE
..
Kurt William Hopson Sf
d/b/a P J & Son$, Inc.
Len R. Mustal)
d/b/a /Seaside Pools of Naples, Inc
WEDNESDAY MAY 21.2008
W HARMAN TURNER BUILDING, 3RO FLOOR
(COMMISSIONERS MEETING fIGelretwNs:
3301 E TAMIAMI TRAIL
NAPLES, FL 34104
(COURTHOUSE COMPLEX;
DIte:
IlemjJl:j(o T
A (17
~v'):..)~ ft)"
f
~.u
......1 i\,...(I;.~\(:'
>-13a \. 'W....,fo--.
L: aja~, '<;1.." .om
Henn.' nc. 'j7-:J" ... ---
I"" '~&
..oy:c .. (fZ~ ==
RECEIVED
jPJ 1 8 2008
Marchoit~d~~~mi.SIOnJ\
, .
TRANSCRIPT OF THE MEETING OF THE
CONTRACTOR LICENSING BOARD
Naples, Florida
March 19, 2008
LET IT BE REMEMBERED, that the Contractor Licensing
Board, in and for the County of Collier, having conducted business
herein, met on this date at 9:00 a.m. in REGULAR SESSION in
Building "F" of the Government Complex, East Naples, Florida, with
the following members present:
CHAIRMAN:
Les Dickson
Richard Joslin
Lee Horn
Michael Boyd
Glenn Herriman
Tom Lykos
ALSO PRESENT:
Patrick Neale, Attorney for the Contractor Licensing Board
Robert Zachary, Assistant County Attorney
Michael Ossorio, Contractor Licensing Supervisor
Misc. Corres:
Page I
Date
Item #:Jto ~ I A (p
'':;OIlie<Jlo
~
16/1 A
March 19,2008
CHAIRMAN DICKSON: Good morning, everybody. I'd like to
call to order the meeting of the Collier County Contractor Licensing
meeting for March 19th, 2008.
I'd like to start off with roll call to my right.
MR. HERRIMAN: Glenn Herriman.
MR. L YKOS: Tom Lykos.
MR. BLUM: Sid Blum. But due to circumstances beyond my
controL I'm compelled to resign. So 1 wish you all the best.
CHAIRMAN DICKSON: Thank you, Sid. I appreciate it.
Appreciate your help.
MR. JOSLIN: Thanks, Sid.
CHAIRMAN DICKSON: That was too blunt.
MR. HERRIMAN: Yeah, it's no speech, no nothing.
CHAIRMAN DICKSON: Sid, thank you for all you did.
Appreciate it very much.
Les Dickson.
MR. JOSLIN: Richard Joslin.
MR. HORN: Lee Horn.
CHAIRMAN DICKSON: We barely have a quorum.
Mr. Neale, while I've got you here --
MR. NEALE: Yes.
CHAIRMAN DICKSON: -- if you would be looking up
attendance regulations or whatever. This is two months in a row we
almost didn't make it.
MR. NEALE: Right.
CHAIRMAN DICKSON: I've got to address that issue.
MR. NEALE: I'll look in the county code and see what the --
CHAIRMAN DICKSON: If I remember, two misses in a year is
grounds tor replacement.
MR. NEALE: I think so. I'll check and see.
CI(AIRMAN DICKSON: Sid unfortunately had some personal
issues that we had to deal with. But 1 wish him well. He served very
Page 2
16/1 A
March 19, 2008
well on this board. He was an asset to the board. I hate to see him go.
I also need approval of the agenda.
Mr. Bartoe? Short-timer Mr. Bartoe.
MR. BARTOE: Good morning. For the record, I'm Tom Bartoe,
Collier County Licensing Compliance Officer.
I have one deletion but it's not on your agenda. That's me. I'm
retiring in nine days. And Mr. Ian Jackson will be taking over as a very
capable liaison to the board.
And I thank you for all the good times we had working together.
Thank you very much.
CHAIRMAN DICKSON: Mr. Bartoe, it was a pleasure.
MR. JOSLIN: Thank you much for your service, Tom.
CHAIRMAN DICKSON: Tom and I have been together 20 years.
But have you gotten your checks? I haven't gotten mine.
MR. BARTOE: No, the only one taking care of me is Social
Security.
MR. JOSLIN: I just have one bone to pick with you, and that's that
20 years ago, you're the one that got me on this board. So look out.
CHAIRMAN DICKSON: Tom has been a great asset. We've gone
through hurricanes, numerous hurricanes, including Andrew and a
whole bunch of other stuff So I wish you well. Hope you do -- have a
good life.
So who's taking your place as far as the agenda? Andy -- or no, I
am.
MR. JOSLIN: Is it Ian or Ian?
MR. JACKSON: Ian.
For the record, Ian Jackson, Contractor Licensing.
SlafThas one addition, and that would be David Hemed of
Stormtech Shutters. And one deletion --
CHAIRMAN DICKSON: Under what category?
MR. JACKSON: I'm sorry?
CHAIRMAN DICKSON: What category? Where?
Page 3
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March 19, 2008
MR. JACKSON: I'm sorry, under new business.
CI IAIRMAN DICKSON: Okay.
MR. JACKSON: At the end of new business.
CHAIRMAN DICKSON: David what?
MR. JACKSON: Hemed. H-E-M-E-D.
CI IAIRMAN DICKSON: And reason he's coming?
MR. JACKSON: I believe it is to reinstate a license without
testing.
CI IAn~MAN DICKSON: Reinstate? All right, sir.
MR. JACKSON: And one deletion, please. Case No. 2008-04,
Michael Roberts.
(At which time, Michael Boyd enters the boardroom.)
CHAIRMAN DICKSON: Is that it?
MR. JACKSON: That is it.
MR. OSSORIO: Good morning, Mr. Chairman. Michael Ossorio.
Collier County Contractor Licensing Supervisor.
011 the agenda I believe that we missed last month, but we can go
right in order. I don't think we need to go ahead and skip around. We
vvere going to try to do that this morning, but there was no urgency, so
we can go right Ii-om the top right to the bottom, if you'd like.
CHAIRMAN DICKSON: Okay. And I had one more board
member come in.
Good morning.
MR.. BOYD: Morning.
CHAIRMAN DICKSON: Let the record retlect that, if you would.
I need a motion to approve the agenda as amended.
MR. JOSLIN: So moved. Joslin.
CHAIRMAN DICKSON: Do I have a second?
MR. HERRIMAN: Second, Herriman.
CHAIRMAN DICKSON: All those in favor?
MR. JOSLIN: Aye.
MR. BOYD: Aye.
Page 4
16/1 A
March J 9,2008
MR. GUITE': Aye.
CI IAIRMAN DICKSON: Aye.
MR. HERRIMAN: Aye.
MR. HORN: Aye.
CHAIRMAN DICKSON: Unanimous.
Now, before we go any further, I want to go back here to our new
member, again. Give us your name again?
MR. L YKOS: I'm Tom Lykos.
CIIAIRMAN DICKSON: Tom Lykos.
MR. LYKOS: Yes, sir,
CHAIRMAN DICKSON: And you're a GC, aren't you?
MR. L YKOS: Yes, sir.
CHAIRMAN DICKSON: Wow, it's ajoy to have you on the
board.
MR. L YKOS: Thank you, it's a pleasure to be here to serve.
CHAIRMAN DICKSON: How long have you been here, Tom?
MR. LYKOS: I've been in Collier County since 1992.
CHAIRMAN DICKSON: .Just came in with the stom1? That was
the year of'Andrew.
MR. LYKOS: That was the year of Andrew, that's correct. I got
here a little bit before. Had I known, maybe I wouldn't have come. But
no, I'd rather be here than anywhere else.
CHAIRMAN DICKSON: I appreciate your service.
MR. L YKOS: Thank you.
CHAIRMAN DICKSON: If! guys want, if I can impose on you,
these two chairs are empty. Could you come this way?
MR. L YKOS: Sure.
CHAIRMAN DICKSON: It makes it a whole lot easier on our
ladv in the booth in back.
.
Got a motion to approve the agenda as amended. Also need to, if
you would, if'you've had a chance, take a look at the minutes.
I need a motion of -- now, these are the minutes of two months
Page 5
16/1 A
March 19,2008
ago. So I need a motion to approve those.
MR. JOSLIN: I'll make the motion to approve the minutes from
January 16th, 2008.
CIIAIRMAN DICKSON: Do I have a second?
MR. HERRIMAN: Second, Herriman.
CHAIRMAN DICKSON: All those in favor?
MR. JOSLIN: Aye.
MR. BOYD: Aye.
CHAIRMAN DICKSON: Aye.
MR. LYKOS: Aye.
MR. HERRIMAN: Aye.
MR. HORN: Aye.
CIIAIRMAN DICKSON: Opposed?
(No response.)
CHAIRMAN DICKSON: Passed.
Discussion. There is none.
New business. Let's get into it.
Manoel Silva, arc you present?
Yes, sir, if you would, come up to this podium. I need for you to
state your name and I'll have the court reporter swear you in.
(Speaker was duly sworn.)
CHAIRMAN DICKSON: Good morning, sir. How are you?
MR. SILVA: Good morning.
Pretty good, yourself?
CHAIRMAN DICKSON: You are here because we need to look
at your credit repoJi. While we're doing that, tell us what happened.
MR. SILVA: I have probably two foreclosures and I do have a
little bit of-- there is a credit card there with probably $30, I guess, or
$20 delay on the payment.
CHAIRMAN DICKSON: Was there a problem at one time or--
MR. SILVA: No, not a problem. I probably just took too long to
pay it. And the credit card, it was no problem. It's already solved.
Page 6
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March 19,2008
And the houses, I tried to work it out with the bank. They do have
something called a short sell, but they didn't want it. I guess the people
that I IInd out to buy the house, they -- I guess the offer that they give
wasn't enough for the bank.
CHAIRMAN DICKSON: Yeah. Boy, we're going to run into a
bunch of these. I think we had one so far. Do you remember what we
did on it?
Mr. Neale, do you remember? Because the banks are taking short
sales.
MR. NEALE: Yeah, that was a fairly broad one. I think it was a
number of properties in that case.
MR. JOSLIN: Right.
CHAIRMAN DICKSON: Yeah, he had several.
MR. Nt':ALE: The board reviewed it and realized it wasn't related
to his contracting business and wouldn't impact his contracting
business, and I think they allowed it, if I remember correctly.
Mike, is that true?
MR. OSSORIO: That's correct. He was an investor and he was
also a real estate agent. And he bought some property in Lehigh. And
he had some issues with his credit. The board I believe issued a finding
that he did not pose a threat to the citizens of Collier County, so they
issued him a license.
MR. JOSLIN: Wasn't it also a minor license, nothing that was a
serious license?
MR. OSSORIO: [think it was a painting license.
MR. JOSLIN: Painting license?
MR. NEALE: And I also believe that the board directed the
contractor licensing statl'n he would bring back his credit report
periodically to the stan'as wcll.
CIIAIRMAN DICKSON: Because basically I'm sitting here
looking aL your credit report. There are a couple of little issues, never
would havc caught our attention. It's the foreclosure on the two homes.
Page 7
1611 A
March 19,2008
I think most of Cape Coral's in foreclosure, aren't they?
MR. SILVA: Yeah. They both there. The bank didn't accept it for
$6,000. They didn't accept the olTer.
CHAIRMAN DICKSON: 6,000? This is a house?
MR. S I LV A: The house, yeah.
CIIAII:ZMAN DICKSON: I'll give you 6,000 sight unseen.
How's the board feel? I'm looking at it and it's not a really business
related. He already has a business in Cape Coral, and he's wanting to
expand into Collier County.
MR. HERRIMAN: There's just that one small credit card debt.
The rest of it is pretty good, though.
CIIAII:ZMAN DICKSON: We talked about this last time, because
we arc going to see some of these. And basically it's people that got into
real estate investing that should have stayed in the business they were
good at. But those lessons are learned hare!.
MI:Z. SILVA: They sure are.
CHAIRMAN DICKSON: Yeah. What we've -- what we did last
time it is we went ahead and approved it ifit wasn't business related.
But we were reviewing it and making it -- requiring the individual to
supply a credit report to stalTevery -- was it every six months, Mike?
MR. OSSORIO: That's correct.
MR. JOSLIN: Two six-month period.
CHAIRMAN DICKSON: And that's at your expense.
MR. SILVA: I'll do that.
CHAIRMAN DICKSON: Okay. The other thing that I've noticed
on another situation, too, is there -- when we go to the three m(~jor
cnxiit reporting agencies, they all pretty much say the same thing.
Whereas. irwe go to a local credit reporting agency, we get what they
have plus more ora local flare. Do you have one that you prefer more
than another?
MR. OSSORIO: Well, you should -- funny you should ask that
question. It's one of the things that you and the board, we were going to
Page 8
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March] 9.2008
go over in our workshop next month. We were going to go over the
credit report. Because there are some credit reports better than others. In
p,lrtieularly, you can go to the web page and pull up your credit report
Itl!' Ih;e of charge. It's like 40 pages long. And with that you get nothing.
So we were going to narrow it down to a specific number or what
you like and what I like to look at and we're going to come to a
conclusion.
So with that said, we are going to work on that next month.
CHAIRMAN DICKSON: Because there's two credit reports in
this Ilk I wouldn't give you a nickel for.
MR. JOSLIN: Really. I-Ialfofthem--
rvm.. OSSORIO: I'm sure he paid more than a nickel lor it. but
you're absolutely right.
CHAIRMAN DICKSON: Yeah. We need to address it. Okay.
Anybody want to make a motion or have n
Mlt JOSLIN: I make a motion that we approve Manoel Silva's
license. based on the review orhis credit report, and that he provide a
hislmy orhis credit report ror a one-year period. It will be every six
Il!onths ,It his expense. And that is to be given to starfat the six-month
interim.
MR. SILVA: Okay.
CHAIRMAN DICKSON: Do I have a second?
MR. HERRIMAN: I'll second that. Herriman.
CIIAIRMAN DICKSON: Discussion?
(No response.)
CllAIIUvlAN DICKSON: Call lor the vote. All those in nlvor'?
MR. JOSLIN: Aye.
~/m.. BOYD: Aye.
CIIAIRMAN DICKSON: Aye.
MR. LYKOS: Aye.
1\:11\. HERRIMAN: Aye.
MR. HORN: Aye.
Page 9
Ma!,R J Jo8 A
CHAIRMAN DICKSON: Opposed?
(N 0 response.)
CHAIRMAN DICKSON: Okay, you got it. But every six months
you'vc got to get a credit report to his office.
Now, for you and cveryone else that's in here, all of your
papcrwork is in this room today. Don't go back ovcr to contractor
liccnsing to try to do anything today. Has to be done tomorrow, okay?
Then you can --
MR. SILVA: All right.
CHAIRMAN DICKSON: Wish you well.
MR. SILVA: Thank you very much.
CHAIRMAN DICKSON: Sabba Tortu. I hope I didn't butcher that
too bad. If! could have you state your name and then I'll have you
sworn In.
MR. TORTU: Sabba Tortu.
(Speaker was duly sworn.)
CHAIRMAN DICKSON: You got a citation, you're not happy,
we're all ears.
MR. TORTU: Yeah, I got a citation for working as a licensed
contractor, I gucss is what it was. I was helping out a friend. He sent a
IeUer stating that.
I don't work for anybody else. I don't have a business truck or
,111 y111 i ng 0 r that nature.
CHAIRMAN DICKSON: Do me a favor. Raise that mie up a little
bit. Ami stand a little closer. Because we're not hearing you.
MR. 'TORTLJ: And I was just helping him put a small roofon a
little n he has a swing next to his pond, and I was helping him and I got
a ticket. I just think it was misunderstood what was going on thcre. And
that's pretty much it.
CHAIRMAN DICKSON: Who wrote the citation? I can't see it.
MR. TORTU: I don't know.
MR. OSSORIO: It's Allcn Kennette.
Page I 0
----~---
1611 A
March 19,2008
C1IAII~MAN DICKSON: Allen, you want to come up to the
podiurn.
Allen, if you would, tell us what happened.
(Speaker was duly sworn.)
MR. KENNETTE: My name is Allen Kennette. I work for
Contractor Licensing; I'm a Field Investigator.
On this date I observed Mr. 'rortu installing some metal roofing on
top of an outdoor swing set by the canal for a resident. Stopped to see
what he was actually doing. We weren't sure what type of work he was
doing. I was with the city inspector, Tom Marinino, from the city.
As we were talking to Mr. Tortu, the homeowner was there, asked
him what was happening and he said that he had hired a handyman to
install the rooling for him.
Checking on the name, it showed that he had no type of license
\vhatsoever, not even a handyman license.
The homeowner said he was paying him to install the roof' and that
-- he wouldn't tell me how much, but that he was going to pay him to
install the roof and he thought he was a handyman and wouldn't use
him for any other work.
MR. TORTU: Yeah, he's a friend of mine. He does pay me. He
docs give me money. Not every time I'm there, but he does give me
money. It's not -- I don't give him a bill. I mean, it states that in the
letter. I don't bill him. I'm not a business, I don't have business cards or
anything like that.
He's the only person I help besides my wife's father.
CllAIRMAN DICKSON: Do you have a handyman license?
rvIR. TORTU: To do that, to help people? No. I didn't know I
needed one to help somebody. My father-in-law --
CHAIRMAN DICKSON: I asked you a question.
MR. TORTU: No.
CHAIRMAN DICKSON: I said do you have a handyman's
license?
Page II
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1611 A
March 19,2008
MR. TORTU: No, I do not.
CIIAIRMAN DICKSON: Thank you.
Anyone else have any discussion?
MR. KENNETTE: May I interject? He also told me that he's been
doing handyman work in this area for about 20 years.
MR. 'rORTU: No, that is not true. I haven't lived in this area -- I
said J workcd during Hurricane Andrew. I used to work on the east
COdst, but since I moved here -- my mother got in a car accident three
dnd a Iwlfyears ago and she's a C]uadraplegie. I live with her and I work
at night. And that's -- I work for Collier County Beverage. That's what I
do, J have -- you know. I don't know what else to tell you people.
CHAIRMAN DICKSON: Discussion?
MR. JOSLIN: Mr. KenneUe, 1--
MR. TORTU: If'you'd like to read the letter, I have the letter if
anyone would like to -- care to read it.
MR. JOSLIN: I'm not interested in the letter.
MR. TORTU: Right.
MR. JOSLIN: I have a feeling that Mr. Kennette, you did the right
thing. It sounds like the man is working on -- as a handyman out in the
ticld. He's probably done more than just that particular job.
Whether a homeowner writes a letter or not, it's still under the
ordinance of Collier County to have a license to do the work he was
doing, dnd caught physically by you. So --
I'viR. TORTU: Well, you didn't need a permit to do it. They
thought I needed a permit. That's why they eame, because they said, oh,
you need a permit.
The next day -- it also states in the letter that they called Walt
Kilgore, the owner of the house, and said to him that they did not need
a permit. And that's why I thought I got a ticket, because it was a job
that you needed a permit for.
CHAIRMAN DICKSON: We're not talking about a permit.
MR. TORTU: Well, I don't understand what you're talking about.
Page 12
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March 19,2008
MR. JOSLIN: We're talking about working in Collier County
'vvithout a proper license.
MR. TORTU: But I don't work for people doing this. He's a f1'iend
on mine. I helped him out. He hurt his arm. Hejust got out ofthe
hospital. lie was going away. He couldn't do the stuffhimselC
MR. JOSLIN: I understand what you're saying.
MR. TORTU: And it's not like I even used my tools. I used his
tools. I didn't even have a cordless drill that day.
MR. JOSLIN: What we're laced with here is that if you can
understand this: If we were to allow every friend ofa friend to come in
and work lor someone as a f1'iend and not give them a bill but the man
P,I)S them. do )ou know how many people --
MR. '!ORTU: He doesn't pay me every time.
MR. JOSLIN: Do you understand how many people in this county
would be having all our friends? We wouldn't need --
MR. TOrrrU: What about when he invites me over for like
Thanksgiving --
MR. JOSLIN: Excuse me.
MR. TORTU: -- and birthdays and things orthat nature?
MR. JOSLIN: Excuse me.
CHAIRMAN DICKSON: Wait. wait, wait, wait, wait. We're not
going to --
MR. JOSLIN: We're not going to argue this.
CHAIRMAN DICKSON: Go ahead and finish.
MR. 'rORTU: All right, don't argue.
So what do I have to do now? Because this is very -- it's
disgusting, really, that I'm helping people out and -- you know, when I
help my t:lther-in-Iaw I don't get paid at all. Do I still need a license lor
(hat')
MR. JOSLIN: Yes.
MR. TORTU: I do?
MR. JOSLIN: Yes.
Page 13
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March] 9,2008
fvlR. TORTU: Wow. This is some town.
C1IAIRMAN DICKSON: I move the citation stand.
[vIR. JOSLIN: I'll second it.
(,IIAIRMAN DICKSON: All those in favor?
NIR. JOSLIN: Aye.
MR. BOYD: Aye.
CHAIRMAN DICKSON: Aye.
fv/l( LYKOS: Aye.
MIZ. HERRIMAN: Aye.
lvll( I lORN: Aye.
MIZ. TORTU: So now what?
CIIAIRMAN DICKSON: Pay it.
MR. TORTU: Okay.
CIIAIRMAN DICKSON: Bye.
Brian Giblin? You were the guys we were trying to do last month.
MR. GII3L1N: Yes, we were.
('llAIRMAN DICKSON: Glad we got it done this month.
Ihi,lI1. I need liJr you, it'you would, state your name, I'll have you s\yorn
Ill.
MR. GIBLIN: Brian (Jiblin.
(Speaker was duly sworn.)
CIIAIRMAN DICKSON: You're here to request qualifying a
sccond cntity?
fvlR. CiIBLIN: Yes, sir.
('IIAIRMAN DICKSON: Tell us what, where, why and how.
fvIR. CJII3LIN: It would be with Dan Linehan. I hope he's going to
be my ncw partncr. I've had a painting business in Collier County t'or
gi vc or take 20 years. I think Dan's going to bring a level at' expertise
and SOIlIC energy to revitalize my business and hopefully to create a new
business that will be profitable for both of us.
CI lAIRMAN DICKSON: So you presently qualify--
MR. GIBLIN: Giblin Painting is my current business.
Page 14
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March 19,2008
CIIAIRMAN DICKSON: Giblin Painting.
And you want to qualif)! -- ['m not going to pronounce that.
MR. ClBLIN: Capomaestro.
CI IAIRMAN DICKSON: Capo maestro, okay. Capomaestro
Painling.
rvlR. GIBLIN: Correct.
CHAIRMAN DICKSON: And this is your new partner.
rvlR. GIBLIN: Yes, sir.
C1IAIRMAN DICKSON: Who will probably get a license once
YOll get started, won't he?
MR. LINEHAN: Yes. sir.
CHAIRMAN DICKSON: Smart.
MR. LINEHAN: Actually, I can't get a license--
CII/\fRMAN DICKSON: I can't -- if you want to say something, I
Ill'ed rur you to come up here. You can come up here. I'll have to s\venr
\ Oll III.
(,lIAIRMAN D[CKSON: State your name.
MR. LINE[IAN: Dan Linehan.
(Speaker was duly sworn.)
CHA[RMAN DICKSON: Go ahead.
IVIR. LINEHAN: I've got to get two years of painting experience
bel()I'(,' I ean get the liceIlse. 13ut I've got a general contractor's license.
whieh I took the stale lest ror out of North Carolina. I had the highest
sta!l' license. And in South Carolina. So I'm a general contractor. But to
do painting, I've still got to get my two years per Collier County. which
is understandable. I've got to get my time.
CllAIRMAN DICKSON: North Carolina has a now for (jC's?
M[t LINE[ IAN: Actually, it was a pretty serious test. yeah. all
.ioking aside. It was a pretty aggressive test involved, and a lot orpeople
dOll't pass it. And the license I carried was an unlimitecllicense. so I
could hdve built a skyscraper. a tunnel, a bridge. And I spent a lot of
timc in New York doing stLln~ highrise work and whatnot. But yes,
Paoe 15
b
.....----
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March 19,2008
North Carolina does have a license.
CHAIRMAN DICKSON: I'm glad to hear that, because I have a
GC: license out of Tennessee that cost me $50. So, I mean, a lot of states
don't do testing. Florida's one ofthe Jew. I'm glad North Carolina
linally has. But you're licensed.
And the people you want to go with is Gainesville Testing. I
probably shouldn't havc said that. I didn't, did I? But they give thc tcst
cvcry day. I mean, and for you guys to have two licenses, do you know
how smart that is?
MR. LINEHAN: Surc. Ycah. I think, though, I got to get the two
ycars cxpcrienee required by you guys.
C1IAIRMAN DICKSON: Right. Yeah, because when you Jill
thosc out. they call. A lot of pea pic turn those in and don't realize that
wc have a stal1' that calls the people they recommended, or who
su pposed Iy Ji lied those recommendations out.
It's ironic, sometimes they don't know what wc're talking about.
Anybody see anything with credit or anything?
MR. JOSLIN: No. The only line item that I see on here is I
suppose if we do give this man a license, that they won't be spending so
lTluch time at Jammer's.
MR. CiIl3LlN: Good to see you, too.
CIIAIRMAN DICKSON: Jammer's might appreciate the
ad vert iselTlcnt.
MR. JOSLIN: Well, Hooters, too.
CHAIRMAN DICKSON: You have motorcycles, right?
MR. CJIl3L1N: Yes, I do.
fvlR. JOSLIN: And Rhino?
CIIAIRMAN DICKSON: .lust to remind the board members.
wilen \ve get statcmcnts likc we have, if you would, sct them up here on
the countcr so thc county can destroy them after thc meeting.
MR. JOSLIN: Yes.
CHAIRMAN DICKSON: We don't carry these out of this room.
Page 16
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March] 9,2008
I don't see anything wrong here. I'll make a motion to approve.
MR. JOSLIN: I'll second.
MR. LYKOS: Second.
ClIAIRMAN DICKSON: Second, okay.
MR. JOSLIN: No, I'll retract my second. Go ahead.
CllAIRMAN DICKSON: Do you second?
MR. LYKOS: Second.
CHAIRMAN DICKSON: All those in favor?
rvm.. JOSLIN: Ave.
.
lVIIZ. BOYD: Aye.
CHAIRMAN DICKSON: Aye.
MR. L YKOS: Aye.
MR. HERRIMAN: Aye.
MR. IIORN: Aye.
(lIAIRMAN DICKSON: You got it.
rvm.. CIBLIN: Thank you vcry much.
CIIAIRM!\N DICKSON: We wish you well. But you heard what
I said dbout records being here.
MR. GIBLIN: Yes, sir.
MR. LINEHAN: And if I may, going through the application
process I dealt with an outstanding civil servant, Maggie Wright. She's
pml of the board down there. Boy, she just had her stuff together, she
WdS very great to communicate with, and it was a pleasure. It was a very
stress-Ih:e process. And normally something like this can be an arduous
ldsk. So she just really made it as easy and convenient as could possibly
be. She was a ple<lsure to deal with. Thank you.
CHAIRMAN DICKSON: And you don't ever want to cross
Maggie eithcr.
MR. JOSLIN: Thank you also for your patience. This has taken
somc time.
CHAIRMAN DICKSON: Sorry we couldn't do it last month.
Danicl Saro, iryou'd come j~lr\vard, sir.
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March 19,2008
MR. OSSORIO: Mr. Dickson, on this particular item there is a
speaker that wants to be heard, David Goodenough.
CIIAIRMAN DICKSON: Okay. If you would, state your name,
I'll have you sworn in.
MR. SARO: Daniel Sara.
(Speaker was duly sworn.)
MR. OSSORIO: Mr. Dickson, I apologize, it's not the person
\vho's going to be speaking on his behalf It would be something else.
CHAIRMAN DICKSON: We're not going to let him talk anyway.
I'mj ust kidding.
(io ahead. tell us your -- review your experience? No, qualifYing a
second entity. ('m sorry.
MR. SARO: Yes.
e1IAm.MAN DICKSON: If you would, tell us what you're doing.
MR. SARO: lawn two companies already. I have Royal Floor
('overin~. which is n
L'
CIIAIRMAN DICKSON: I need for you to talk louder.
MR. SARO: Which is a tile marble.
And then I have Magic Floor Covering, which is a wood floor and
/lour laying company.
C1IAIRMAN DICKSON: I got about halfofthat. Eat that mic., if
vou have to
,.I - . .
MR. SARa: All right. I have Royal Floor Covering, which is a tile
a11Llmarblc company. And I have a small wood laying company, which
is called Magic Floor Company. Magic Floor Finishing.
CHAIRMAN DICKSON: Why are you opening the second
business'?
MR. SARO: I have a couple friends which have great contacts for
new businesses. And we're trying to get some -- it's getting slow right
now, I\nd these f1'iends with the contacts would likc to get some more
busi ness with them
CI IAIRMAN DICKSON: But you know these fricnds can bring
Page I 8
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March 19,2008
YOll clown.
MR. SARa: Of course. That's the risk of business.
CIIAIRMAN DICKSON: I can't hear you. You don't talk this soil
when you're at the job.
MR. SARa: No.
CI IAIRMAN DICKSON: Okay, talk louder.
MR. SARa: All right. I never been in front of the board, so --
CHAIRMAN DICKSON: Okay.
MR. SARa: It's the risk of business, I think. You know,
everything can work out and may not. But I think it's -- you know,
business \lie would like to provide the best service. And --
CIIAIRMAN DICKSON: But you realize if this business doesn't
work and your license gets in trouble, it will take down the other
company as well.
MR. SARa: Yes.
CI/AIRMAN DICKSON: You're fully aware of that?
Mlt SARa: Yes.
ClIAIRMAN DICKSON: Some people don't understand that. We
wan l to make sure you're clear on that.
MR. SARO: Yes, I understand that.
IvIR. L YKOS: Do you have one business now or two businesses?
MR. SARO: Two.
MR. L YKOS: So this would be a third business for you.
rVIR. SARa: Yes.
IVIR. L YKOS: Do you quali(y the other two businesses as well?
MR. SARO: Yes.
CIIAIRMAN DICKSON: Ijust Juund out, Mr. Neale, yesterday,
you eWl qualily as many as you want.
MR. JOSLIN: Exactly. Used to be you could only have two years
ago n
MR. L YKOS: That's what I thought.
MR. JOSLIN: Years ago.
Page 19
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March 19,2008
CHAIRMAN DICKSON: It was two up until last summer. And
last summer state statute changed and I didn't catch the change.
MR. NEALE: Yeah, 489 changed so you can -- it used to be a
maximum of two . Now it's --
CIIAIRMAN DICKSON: Your mic's not good.
MR. NEALE: It used to be a maximum of two and now it's -- by
state statute it's an unlimited number. I think that was put in by some of
the larger developers, you know. who --
CIIAIRMAN DICKSON: Someone just turned your mic on.
MR. NEALE: It was put in by some ofthe larger developers who,
you know, where they have multiple operations and they want to have
one qual i lieI'.
CHAIRMAN DICKSON: So when they go down, they can go
down in a bigger flare, right? Really a smart move.
IVllt OSSORIO: Mr. Dickson, this gentleman might qual -- he
might own several companies, but this particular company only
qwtlilles one.
You don't quality two under your license. You might have another
company in Fort Myers or somewhere else, but you qualify under our
eertilicate only one company. And you want to quality under your
cert i licate two under your certi licate; am I correct? You have never
been bcJ'ore the licensing board before, have you not?
MR. SARO: No. Because both of those licenses are for ditlcrent
st u 1'1'. So one company's 1'01' the wood laying, and the other one is 1'01' the
IlItlrblc, which I passed the test and everything.
CHAIRMAN DICKSON: Dit1erent licenses.
rvlR. SARO: Yes.
Iv1/{. OSSORIO: He qualifies two different companies, two
dilrerent licenses, two ditTerent exams. And he wants to quality another
COll1pmlY with one exam. So he only wants to quality two companies
under his certillcate number we're talking about today.
CHAIRMAN DICKSON: But if we had someone coming in doing
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March 19.2008
their seventh or eighth, we now have to do it. We can't deny it We can't
limit it to two.
MR. JOSLIN: How does stafffeel about this? Any complaints on
the other companies?
MR. OSSORIO: No complaints.
rvw. JOSLIN: No complaints.
[VIR. HERRIMAN: Well, he does have some great
recommendations fl-om thc air conditioning people in the community.
CIIAIRMAN DICKSON: That's not good enough, is it? I play
goll'with him occasionally, that's why I'm teasing him.
MR. JOSLIN: I don't see anything derogatory, that derogatory that
would deny this license, so I'll make a motion to approve.
MIZ. LYKOS: Second.
C1IAIRMAN DICKSON: Discussion?
(No response.)
CI IAIRMAN DICKSON: Call for the vote. All those in favor?
MR. JOSLIN: Aye.
MR. BOYD: Aye.
CIIAlI~MAN DICKSON: Aye.
1\111\. LYKOS: Ave.
.
]V1I\. HERRIMAN: Aye.
IVIIZ. I-lORN: Aye.
CHAIRMAN DICKSON: Opposed?
(No responsc.)
CllAIRMAN DICKSON: You got it. Wish you well.
IVW. SARO: Thank you very much.
MR. JOSLIN: Bettcr talk louder to your customers, though.
ivlR. SARO: All right, I will.
CHAIRMAN DICKSON: Well, now I find out they got the mic.
in. Thank you. These side mics weren't turned on.
MR. SARO: Thank you very much.
MR. OSSORIO: Mr. Dickson, is there any particular reason why
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March 19.2008
you're going out of order, or just --
(,IIAIRMAN DICKSON: No, Ijust messed up.
~m. OSSORIO: Okay. I think you might have screwed up Mr.
Ilarmon. so --
CIIAII~MAN DICKSON: That's okay.
MR. NEALE: Just one point for the board is that--
CIIAIRMAN DICKSON: Yes, sir.
MR. NEALE: And Mr. Zachary and I are going to look into it this.
The Collier County ordinance still says that you may qualify no more
thw] two.
e 'IIAIRMAN DICKSON: Can we be more restrictive than state?
MR. NEALE: We'll take a look at it. We probably can, but we're
going to take a look at that between now and the next board meeting.
[vIR. JOSLIN: So did wejust do something wrong?
MR. NEALE: No, because he's still only qualifying two under this
license.
I'vIR. JOSLIN: Under this license, okay.
CIIAIRMAN DICKSON: But the counties can be more
J"i..'slriclive. We have that privilege.
MR. JOSLIN: I'm pretty sure, yeah.
MR. NEALE: In most areas, yeah.
CHAIRMAN DICKSON: Yeah. I don't like -- I'm hearing that the
state now is getting individuals with numbers up in the teens and higher
qualil)!ing companies. That's outrageous.
Ramon Garrido. Sorry I passed you by. If you would, state your name
a III I I'll have you sworn in.
MR. GARRIDO: My name is Ramon Garrido.
(Speaker was duly sworn.)
CI IAIRMAN DICKSON: And one of your Experians came back.
I'm going to turn lirstto the county.
Which one arc we looking at? I assume that's what happened.
MR. OSSORIO: Yeah, let me just give you a little history about
Page 22
16 1 I P,
March 19, 200S
RamolL I was ready to approve his license. I read over the ordinance
am! I applied it to his application, And one of the things that caught my
eye that particular day was is that he had glowing recommendations
i!'em] Dixie Plumbing rrom technicians, but I didn't have one from the
qwilifier or the company or someone that is in charge of the company.
I\ml so I took the initiative and I called Dixie Plumbing and I talked to
David (ioodenough, and he explained to me that -- some disturbing
things about Ramon, that he was fired or whatnot or there was some
investigations through the Sheriff's Office for some unlicensed activity.
At that particular time I contacted Ramon and I advised him that
there were some issues about his character or his good character
rel'erence or his good character as a whole.
/-Ie came in. I told him what I wanted. I wanted a letter f!-em] Dixie
Plumbing saying how long he's worked for the company. And he said --
he assured me that it was a misunderstanding, he would take care orthe
ISSW:.
I Ie came back with another affidavit, but not from Dixie
Plumbing.
I advised him again that I would need something from Dixie
Plumbing saying that yes, you know, these allegations arc not really
true. lVIaybe Mr. Dave Goodenough is mistaken.
I called to Dixie Plumbing again and they advised me that they
\\ ill provide me the information I needed to go ahead and issue him a
eil~llion lex unlicensed activity.
I\llhat timc I did receive the information. I turned the information
over to the investigator, Ian Jackson. Ian Jackson reviewed it, round out
lhat it was sufJicient, called Mr. Ramon in and issued a civil penalty for
$300 for working without a license and issued a civil penalty 01'$300
!c)r no building permit under the code.
/\11 two citations were paid.
l3ullhere is lingering information about why did -- he did not
COIllC lelr\vard in the beginning and -- when I discussed it in the
Page 23
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March 19,2008
beginning, why did he elude to the information that I requested. And
two. irthere is possibly a criminal investigation, I believe that the board
should at least hear testimony to the fact before we issue him a license
to he ahle to do air conditioning work in Collier County, City or
Naples, Marco Island. And that's where we are today.
MR. JOSLIN: This criminal investigation is underway now?
MR. OSSORIO: I can't speak to the fact. I don't talk to the
economics crime unit on a daily basis. But the person who made the
cOlllplaint maybe can shed some light on to that fact.
MR. JOSLIN: Is that person here?
IVIR. OSSORIO: Yes, he is.
CIIAIRMAN DICKSON: Do you want to comment first? You're
the one that came forward tirsL Do you want to comment first?
[vlR. CiARRIDO: Here?
CIIAIRMAN DICKSON: Yeah.
rvlR. GARRIDO: No, this is my first time here.
CIIAIRMAN DICKSON: Pardon me?
MR. GARRIDO: This is my Iirst time here.
CIIAIRMAN DICKSON: I said do you want to comment on what
\\as jusl said?
rvlR. GARRIDO: I don't understand.
(,IIAIRMAN DICKSON: You don't understand.
MR. L YKOS: Do you want to tell us your side of the story?
MIZ. GARRIDO: The story?
MR. L YKOS: About whv vou're here.
. .
IVIR. GARRIDO: I'm here lor the -- my license, approve a license.
Cll/\IRMAN DICKSON: Do you understand what was just said?
MR. CJARRIDO: Yeah, I understand what he say to Dave. But not
the joh in December. I approve of my license for no have a license in
the paper. I have a the job in December for -- I think for I approve of
lie say maybe I am working.
'1'1 IE COURT REPORTER: Excuse me, I'm not understanding
Page 24
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March 19,2008
him.
CHAIRMAN DICKSON: Go slower and say -- she's trying to
write down what you're saying.
[\ilR. GARRIDO: Okay. In December, December 2, I approval the
test and everything to my Collier County license in AC.
In December 18, I'm working -- have the job in --
CHAIRMAN DICKSON: You are working or--
MR. GARRIDO: I working in December 18. And I working in
stmt air condition unit, fixing the duct.
CIIAIRMAN DICKSON: Fixing the duck?
fvlR. GARRIDO: Yeah.
CllAIRMAN DICKSON: Fixing the duck?
MR. JOSLIN: The duct.
Mlt GARRIDO: The duct. air.
I know my license is approval. I know my license is approval for
iron box that --
CllAIRMAN DICKSON: Say that -- I don't -- you know your
license is what?
rvlR. JOSLIN: Approved.
MR. GARRIDO: My license is approve under the Collier County
l(1I' 1 passed the test on everything.
(,llAIRMAN DICKSON: You passed the test?
MR. GARRIDO: Yeah. I passed the test in December, too.
r:wry papers in the of/ice in Collier County--
ClIAIRMAN DICKSON: You had submitted all your papers')
MR. GARRIDO: Yeah. And he said maybe (inaudible) for
workino in between mv--
c .
n IE COURT REPORTER: I don't understand him.
CIIAIRMAN DICKSON: What was that word?
MR. GARRIDO: I'm sorry. I understand the papers is in the
Collier County. And working between the time that my license is
approva I.
Page 25
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March 19. 200/\
CHAIRMAN DICKSON: So you were thinking you could work
during that time while your license was being approved.
MR. GARRIDO: Yeah.
CIIAIRMAN DICKSON: Which you knew better.
You did take the test?
MR. CARRIDO: Yeah.
ClIAIRMAN DICKSON: Take the business and law test?
MR. CARRIDO: Yeah, everything.
CHAIRMAN DICKSON: Then you learned in the business and
law test that that was not correct, okay? I f you just took the test, you
knew better. IJ'you got old like me, you might have forgotten, but that's
alllaught in the test.
(io aheacl.
MR. CARRIDO: For neecl to work, you know. I need a working.
CIIAIRMAN DICKSON: But you knew your license haclnot been
(IPpl'Ovecl.
1',111\. GARRIDO: My license is approval tor the paper. It's in the
ollice orCollier County for -- I understand everything is approved and
illY papers is in Collier County, maybe. I am working for my name.
CHAIRMAN DICKSON: Okay, I understand. You thought you
could work, which I know you knew you couldn't.
rvIR. JOSLIN: Apparently you passed the test. Results, you got the
pas -- your test results were all passed. You submitted the packet to Mr.
Ossorio --
MR. CARRIDO: Yeah, the packet--
MR. JOSLIN: -- and the investigation of that packetlound out that
you -- your experience requirements weren't correct. That's what Mr.
()ssorio's brought you here for, questioning the t~let of Dixie Plumbing.
MR. OSSORIO: There's two issues, I want to backtrack, is that I
believe he is more than qualified to conduct business. I-Ie's passcd thc
C\,Wll. /\nd as Mr. Hcrriman said, he has glowing reviews.
The problem I have is that how this started was is that I guess he
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March 19, 20nS
did some work for some homeowner and the homeowner had some
issLles. /\nd the insurance company was called in because there was an
iSSLlt~ pertaining to the installation of the job.
Ihe insurance company notitied Dixie Plumbing and Air due to
the litet that it was in the invoice of Dixie Plumbing and Air, it wasn't
under invoice of this gentleman we're talking about today. This was in
(Ill invoice of Dixie Plumbing and Air. And this is -- and it was paid to
him directly.
lk.;ie went through their paperwork and found out that indeed that
we never did thisjob and this is why we're here today.
And I believe Mr. Cioodenough can maybe claborate on that if I
Illisspoke. I'm not sure.
Thc reason why we're here is that I asked him f)'om the very
bcginning an issue, I said -- I talkcd to Dave Goodenough and he
c:\plain this, this and this to me, and this gentleman said no, that is not
correct. And then I found out it was correct, and we issued him a civil
citation ,1Ild it was paid.
Th<lt gocs to his character, not to his reference of his being able to
conduct business. It gocs to his character and the ability to go ahcad and
pl'Ovide service to the community as we expect in Collier County.
With that said is that thcre is -- there could be possibly
investigation under criminal for working without a license and
dclhwding the public. And I don't know if this board wants to issuc him
(I licensc for something that we're under investigation possibly with the
cconomies crime units.
With that said. we've issued many licenses to people that we issue
tickets to, because we want them to come into compliance. But we also
\\ <lilt them to be truthful as well.
MR. JOSLIN: Sure.
CHAIRMAN DICKSON: David, come up to this podium, if you
would. I need for you, if you would, state your name, I'll have you
s\vom In.
Page 27
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March 19. 2008
MR. GOODENOUGH: My name is David Goodenough.
(Speaker was duly sworn.)
(,IIAIRMAN DICKSON: Let me make this a little easier on you.
While this man was under your employment, did he do work on the side
and Lise your invoices to bill it and then receive the checks made OLlt to
Dixie Plumbing, or Dixie Air Conditioning and cash the money?
MR. C:;OODENOUGI-I: He was not working for me at all at the
tinll', I Ie hasn't been working for me for a long, long time. But
apparently we brought him. tmined him to do maintenance. started
tcaching him to do some service work. I-Ie wound up leaving us Il)r
wlldtevcr rcason.
This n a lew months ago we got a letter from an insurance
CO/11p,l11Y saying that one of our customers that we installed an air
eonditionerll)r had a problem and damage to the home and we should
rqlOrt this to our insurance company.
So we looked at our records and we say, we have no record ol'this
CLlStO/11Cr.
So we asked this insurance company to send us an invoice.
somcth i ng. because maybe our records are lost. And they sent us th is
invoice that's an old Dixie Plumbing and Air maintenance invoice,
nCVl'I' L1sed for installing air conditioners, and it has on there the lady's
n,II11C hl' did the work lor. paid $5,000 cash, okay, had a dill'crent nalTle
than Ramon Garrido on there as the technician. So he Jalsi1ied his
nmne.
But fortunately on the invoice we found the make and serial
number of the air conditioner. We traced it back, it was bought from
Johnstone. We found records n'om Johnstone it was purchased by
Ralllon Garrido. okay.
So we provided in/ormation. Took us a little bit of time to provide
in I lll'ln a I ion to the insurance companies so they knew that we were not
I'l'sponsible for this.
I then contacted the SheriJrs Department, tiled a complaint with
Page 28
16/1 A
March 19,2008
thelll, showing them what was going on. The Sheriffs deputy, I forget
her name. My records -- we just moved so my records are lost or I
would have brought them. She actually called the number on that
invoice, Ramon answered and she said, is this Dixie Plumbing and he
S<l i li Yes.
So, you know, we can go t1'om there, but --
(,IIAIRMAN DICKSON: I've been down this road. I had
someone take out a Yellow Page add in Orlando using my corporate
mune and my license, and accept checks. And these check cashing
places will cash a corporate check with no hesitation whatever.
MR. GOODENOUGH: Well, this was cash.
CHAIRMAN DICKSON: I know exactly -- oh, they'll do checks
too.
rvlR. GOODENOUGH: Yeah.
And the other thing was is that on the invoice we got from
Johnstone, the equipment was purchased under a company name that is
,1 d/bhL but it's not registered in the State of Florida.
CHAIRMAN DICKSON: It's a good warning to all contractors to
keep your ears open. And periodically pull your credit reports. Because
illY credit report t1'ommy company was showing activity in Orlando.
Which I used to have an ollke there but I closed it in '93. So it's crazy
\\ h,j( people will do.
MR. C;OODENOUGH: So that's my story,
CHAIRMAN DICKSON: Do you have a comment?
MR. GARRIDO: Okay. The day they calling, he say you working
1'01' Dixie, I say I am working for Dixie a long time. No he said I
working 1'01' Dixie right now, my company he say is Dixie. I thought he
say illY eOl11pany is Fox (phonetic) Air Conditioning, my name is
R<ll11on. The invoice is the conrused for the -- my invoice is saying the
invoice the agreement, the last invoice, the Dixie.
;\nd the invoice no is say I11Y name, The invoice is say Carlos. The
Carlos is the guy that working lex me in this house, that helping l11e in
Pagc 29
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. March 19,2008
this house this day.
And the unit fIX Johnstone. the unit for Coastline.
MR. GOODENOUGH: Whichever.
MR. GARRIDO: I never say yeah, I --
MR. GOODENOUGH: You used a Dixie Plumbing and Air
invoice for this job. You were not working for Dixie Plumbing and Air.
You hadn't worked lor us for years.
MR. CARRIDO: I know.
C1IAIRMAN DICKSON: So here's what's going to happen with
your I icense. I don't even have a motion yet, but I can tell you where
this board will go. You're going to have to clear this matter up. It's
L',oine. to have to be all taken care of
~ ~
And then with someone who can speak that we can understand,
you're going to have to come back before this board and try a second
time. Because I move that this application be denied.
rvlR. JOSLIN: I'll second that right now.
ellAIRMAN DICKSON: All those in favor?
Mf\. JOSLIN: Aye.
MR. BOYD: Aye.
CHAIRMAN DICKSON: Aye.
MR. LYKOS: Aye.
MR. HERRIMAN: Aye.
MR. I-lORN: Aye.
CHAIRMAN DICKSON: Opposed?
(No response.)
CIIAII\MAN DICKSON: That's where you stand. You
understand'?
MR. GARRIDO: Yeah.
C1IAIRMAN DICKSON: Vou clear this up, come back with
someone who can speak, and we'll look at it in the future, maybe.
MR. JOSLIN: Also, one other thing before you go. Don't let
anyone now catch you working or cIoing any kincI of work without a
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March 19,2008
licellse. If it happens again, you won't get a license at all. Make sure it's
lakell c,lre of right myay.
CI IAIRMAN DICKSON: Isn't it right now third time is a felollY?
I'vIR. JOSLIN: Yes.
CIIAIRMAN DICKSON: When it's during the emergency, which
aller the hurricane, first time is a felony. Now that the emergency is
gone. irlhey gel three of these, it's a feJony.
Ik eardu/. Thank you.
MR. OSSORIO: Mr. Chairman, that's just for working without a
license. But if you actually take funds--
CIIAIRMAN DICKSON: Well, f1'aud, yeah.
MR. OSSORIO: -- that's different. So you're looking at two or
(hree dirlerent charges. Working without a license is a misdemeanor,
you're absolutely correct.
CIIAIRMAN DICKSON: David, thank you for coming in. We
wish vou well.
rvw. (iOODENOUGI-I: All right. I think I'll wait a little.
CIIAIRMAN DICKSON: You better wait a little while.
I'vlR. JOSLIN: I-low come?
CHAIRMAN DICKSON: You guys wouldn't believe how much
this is going on.
l'vlR. JOSLIN: Oh, yeah.
" .
ClIAIRMAN DICKSON: Especially over in Dade and Rroward
('Ollllt). (00. Y ou'ye got to periodically go in and check on your I ieensc,
too. JlIS( keep your eyes open.
l'vIR. JOSLIN: Before we go, Mr. Chairman, I'd like to see if we
C(lll (ldd one other item to the later part of the agenda that I forgot about,
under maybe old business. I think this is relatively crucial to licensing.
CIIAIRMAN DICKSON: What?
J'vIR. JOSLIN: This is thc resolution that the board agrced to do.
Resolution No. 2007, number one. It's a Contractor Licensing Board,
selting !l)rth its position on fees, charges for ccrtain contractor liccnsing
Page 3 I
16 I 1 A
March 19, 200S
services and providing guidance and advice to the Board of Collier
County Commissioners, as required by 90-105, as amended.
I I()rget now, it's been maybe a month, maybe two months, maybe
three months since we had a little workshop meeting here and we
agrl'Cd to add additional tees, to upgrade the fees for the amounts that
\\ lTC charoed for dillerent thinos while contracting the licenses
b 6 , ~
rC;lppl ieations, reinstatements. There was a lot of items that were added
to i I.
CHAIRMAN DICKSON: Do you want to do that at the end?
MR. JOSLIN: We can.
CIIAIRMAN DICKSON: Okay, we'll do that.
David llcmed? If you would, sir. come to this podium, state your name.
I'll hme C'herie' swear you in.
['vIR. IIF:MED: My name's David Hemed.
(Speaker was duly sworn.)
CIIAIRMAN DICKSON: Good morning, sir.
[VIR. IIEMED: Good morning.
ClIAIRMAN DICKSON: Here to request a second entity. Tell us
what you're doing.
rVIR. I IEMED: Actually, it's not a second entity, it's a
rl' i nsl<l tement.
CIIAIRMAN DICKSON: I'm sorry, that was the last guy.
Reinstate without testing. That's twice. Three times I'm gone. right?
MR. OSSORIO: Mr. Dickson, I just want to give you a quick
over\lew.
This is something that the board looked at before. This particular
company, we've issued a license years ago when Robert Nonnenmacher
\\as here. We had one license and it was aluminum, and shutters were
illcluded. We decided to split the license into aluminum and shutters.
Wc issued a license to any particular person that had the aluminum
I icensc I()r 12 months that could get two licenses, so this gentleman
C,lIlle in ;md got another license. So therefore, his company had
Paae 32
b
16/1 A
March 19,2008
aluminum liccnse and a shutter license.
Un!()l'tunately this gentleman and this company, we sent a
Ii ve-hy-seven card out to h is address and we sent two cards out, one lor
shutlers. one for aluminum. He only re-did his aluminum license. He
eithcr n I'm not going to speak for the mail system or speak for my
stair but under the ordinance we send out renewing notices.
Hc renewed his certificate lor aluminum. Unfortunatelv that he is
"
notl'c,lIly conducting business tor shutters, so therefore it was never
C<lughl aileI' 13 months. And the code is pretty explicit about what
Iwppens in 13 months, you know, you go from being delinquent to
being suspended to being null and void.
If you haven't taken the exam within three years, then you would
havc to I'etest. And this gentleman is here today, it is unfortunate that he
is in the limbo area that it's been over three years since he took the
c"wn. nut then again. he never took the exam for shutters. But we
is:;ucLi him a ccrtiticate tClr shuttcrs due to the fact that in the code it
spccities to do so.
/\nLi he didn't review his certificate, that certificate, but he did
I'cncw his aluminum.
So he's here today to go ahead and waive the aluminum testing so
thcn he can resubmit for permits lor shutters. Which I believe he does
in Forl Myers and Lee County and other counties. He is a shutter
company. I believe his business is called Stormtech Shutters.
MR. HEMED: That's correct.
MR. OSSORIO: So that's what (sic) he's here today.
CHAIRMAN DICKSON: How long have you done shutters?
MR. IIEMED: We have done shutters -- actually, I'm second
generation aluminum contractor. I've done shutters f(x my J;Jther here
locally in Lee County since the Nineties.
CII/\/RMAN DICKSON: This is Collier County.
MR. HEMED: This is Collier County.
13aek then there was no aetuallieensed category, I believe, when I
Page 33
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March 19,2008
\\as vcry young.
I held a license here for Custom-Built Screen Enclosures since
1997. In 200 I we began Stormtech Shutters, and at that point [ needed
to apply lor licensing a second company, a second entity. I was
approved f()!' that.
We have done shutters up until, well, probably about a year and a
h~tII'ago in Collier County. Wejust haven't had enough work here in
Co II icr in the last I ike 13 to 16 months to have anything that requ i red a
Ill' 1'Il1 i l.
/\nd for some reason I don't know why, [ had -- we had sold the
othcr company, the one that basically did aluminum structures in 2003.
So the I icense category had changed, just like Mr. Ossorio said, where it
Wl'llt "'om aluminum speeialty struetures to hurricane shutters and then
you had the other category for aluminum structures.
F()\' some reason, and I don't know why, [ -- had I received the
J'l'Ill'\V,Ji. I certainly would have renewed it. I understand that the
responsibility is on the contractor to do that. But, you know, [ hold
licenses in multiple municipalities. And when [ renewed the Collier
eenillcate, I had made the incorrect assumption that that was for the
hurricane shutters because [ no longer do the specialty structures, pool
l'llclosures.
/\nd so it's one of those things that just slipped through thc crilcks.
/\pp<lrently -- we had started ildvertising recently a little more heavily in
('ollieI'. because work has been a little bit slower. And in -- )'m not sure
i I' it was through submitting the permit that it was found that the -- that
the hurricane shutter license category had expired, while the aluminum
slructure one was still active.
I generally renew all the certificates personally, so ) really don't--
had I had one, [ would have certainly renewed it. That doesn't excuse
the Illct that it is expired.
nut I'm here to ask you gentleman if you would allow the license
to be rei nstated, as there is no provisions, fi'om what I understand, for
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March I C). 200X
I"cinst,iling it, other than requesting the board to do that.
MR. JOSLIN: So the license that you have now in the othel"
nlullicipdlities. they're still dctive and you --
ivll\. IIU\1LD: They're all still active. I have my license book with
,ill [Ill' current years. as well as all the previous years. Certificates /I'om
- Ill' do work /I'omllendry, Charlotte, Punta Gorda. Lee County. We
llon't work City ofNaplcs. Marco Island, Lee County. Cape Coral. I
haVl' all those licenses. They're all intact and in good standing. I have
110 licl'nsing complaints nor have I ever had any license complaints ever
Iwlding any of my licenses.
/\s 1:11' as continuing education, I've always been right on time with
kl'cping my education up to par.
I've dlso. since I obtained this license to license this company. I
h,IVl~ obtained a state certilied general contractor's license, which I don't
U:ie Illr this company or anything at all other than keeping it in good
sLlillling as well. Just to help, you know, keep my education up to snulT
CI IAIRMAN DICKSON: You have a GC license?
I\llt IIFMI':D: Yes.
CI I/\IRMAN DICKSON: Category L right?
VII\.IIFMLD: Ycs.
~vW. JOSLIN : You arc aware that September 30th is coming,
right? You know what that means? Time to renew your license again,
okm.
MR. IIEMED: Yes.
MI{. JOSLIN: Mr. Ossorio. if you would. is the license that \ve're
!.'OiI1g [0 issue him today. is this going to be aluminum contractor
lic'l'11SC' or a shuttcr license?
1\11{. OSSORIO: Just a shutter. All you're going to be doing today
is Ilaiving the testing requirements Jar the hurricane. He's taken the
business procedure. All you're doing isjust reaJlirming that he is in the
cllcgory in other counties. He's kept his jurisdiction up. And you heard
testimony to the J:let that he is still in the business.
Page 35
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March 19, 200S
So I believe -- I think it's in good standing, And I think it's been
the policy of the board in the past to go ahead and do what we're going
tu 110pefully do today is reinstate his hurricane license.
el IAIRMAN DICKSON: Anybody else?
(No response.)
ClIAII~MAN DICKSON: Anybody have a motion?
MR. JOSLIN: Mr. Bartoe's.
MR. I IERRIMAN: No, seven days.
MR. l3ARTOE: I believe the gentleman stated he's a state eertiJied
(Ie. I l' he registers with the county, he could install shutters with that
licl'nse.
ClIAIRMAN DICKSON: I don't think he's going to have a
problem with this either.
MR. JOSLIN: I don't either. But thank you, Tom.
CI IAIRMAN DICKSON: You have a perfect credit report.
Lverything is in line in here, all your licenses. 'fhe explanation is very
understandable. I'm Jlulliliar with your company.
rvlR. NEALE: 'fhe only finding the board really has to make is
you're waiving testing requirements and that his experience would show
that furthcr testing would bc superlluous because of the experience that
he has in the trade. That's really -- as I say, you're just waiving testing
requirements.
CIIAIRMAN DICKSON: Not only is his testing superlluous but
he could use the GC license to cireulllvent this entire meeting.
~
MI\. j-IEMED: Yes, that's true. But since I already have the license
ami havc held it for many years, I would prefer to keep both licenses. It
\\as very difficult to obtain them, so I'd rather keep them in good
standing and continue on.
CI IAIRMAN DICKSON: I wish the state would come up with a
slale license on shutters. That would be nice.
MI\. I IF':MED: Yeah. There is no category I'm aware of at this
point in time for that. You either need to be a state certified aluminum
Page 36
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March 19,2008
specialty contractor or you can be a general contractor and qualifY. I
don't think any other categories would tit that bill right now.
[VIR. OSSORIO: 'fhere is a state celiitied specialty structural
license through the state. It's voluntary. And you are state certified, and
ll](lt lets you do hurricane shutters. So there is a classitieation for it.
rvIR. LYKOS: But he has a GC license anyway, so--
MR. OSSORIO: But he's a general contractor.
nut, you know, you'll l1nd that many general contractors have a
geneml contracting license, but they also have a specialty. And they do
il I<Jr a reason, and I'm sure you know why, is that when you go ror
insurances, iryou are a general contractor you're going to pay a lot
Illore than iryou were going to go down and get a tile and marble
license or if you were going to be a painter.
So you're going to pay -- the premium is different to that category.
;\ 11(1 i r you are.i ust going to do shutters, why are you going to get a
li,lbility ror a general contractor when you're just going to do shutters? I
Illean. that's a personal prelerence.
But, you know. I think that you're doing the right thing. And I
believe that he should pay all his back tees and we'll get him back on
tmek wherc he needs to be.
CIIAIRMAN DICKSON: I'll make a motion to approve without
retest i ng. based upon previous experience and other I ieenses that he
holds. lie could qualitY without the testing.
MR. L YKOS: Second.
CHAIRMAN DICKSON: Second, Lykos.
Discussion?
(No response.)
CII;\[RMAN DICKSON: All those in lavor?
IYIR. JOSLIN: Aye.
MR. BOYD: Aye.
CI [AIRMAN DICKSON: Aye.
MR. L YKOS: Aye.
Page 37
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March 19, 2008
MR. HERRIMAN: Aye.
MR. HORN: Aye.
CI IAIRMAN DICKSON: Opposed?
(No response.)
CHAIRMAN DICKSON: We wish you well. You were here--
Iv1I\. HEMED: Thank you, gentlemen. Thank you for hearing me
lod,I).
CIIAIRMAN DICKSON: You were here at the beginning of the
mccting'?
MR. HEMED: Yes, sir.
CHAIRMAN DICKSON: Okay, so you know not to go there.
rvm. HEMED: Yes.
CHAIRMAN DICKSON: Thank you, sir.
MR. L YKOS: And you know what? I've got to say this: I'm proud
you're a member of our industry. You're doing a great job. Thank you.
1',111\. I-1EMED: Thank you. Thank you for saying that.
(,IIAIRMAN DICKSON: I've got a question for you. Arc you
seeillL'. that much increase in business because of that Hurricane
~.
M iligation Bill, what's coming up January I?
You have to go back there to answer me. But I really am curious.
MR. HEMED: Things have been a little bit slow. This was
generally our offseason. But we're coming a little bit into season and
\\ c're seeing a little bit more activity right now.
C1IAIRMAN DICKSON: You are aware of what ]'m talking
about'? The Hurricane Mitigation Bill, House Bill 7057. As of .January
I st. any house valued over 750.000 tax value has to have full hurricane
pmteetion or it's not insurable.
I'vlR. II EM ED: Yes. There was also the -- they have another
program. I don't know. the My Save Florida Home Program. I guess
that's going to cover homes under 250 in assessed value, where state
residents, if it's their primary residence, they qualify for up to a $5.000,
I Quess it's like a--
~
Page 38
16/1 A
March 19. 2(J()8
CIIAIRMAN DICKSON: That's a totally different issue, though.
MR. LYKOS: Wasn't that house bill just for homes insured by
C,. . ')
Ill/.ens.
CI IAIRMAN DICKSON: Yeah. It says not insured by Citizens.
110\Vever. who do you think's going to write you if Citizens says no? So
pretty well takes everybody. Thank you.
We've got a new building code coming out October I st, too. There
wi II be some cute little changes in that coming up.
Ids -- everyone good for one at least one case before we take a break?
Clooel.
We're going to help you quit.
f\1R. JOSLIN: Okay, thanks.
CIIAIRMAN DICKSON: Public hearings. Case No. 2008-01.
PmIi .I. Ilarmison, d/b/a Bayshore Aluminum Construction,
Incorporaled.
Paul, are you present?
(No response.)
CHAIRMAN DICKSON: Is Paul Harmison present? Oh, okay.
MR. NEALE: He was -- if I remember correctly, he \Vas here at
the Idst meeting, provided testimony that will be entered into the record,
I believe. bv the county.
, .,l .
CHAIRMAN DICKSON: That's right.
Andy, you're handling this case?
MR. WUHRER: I am, sir.
CIIAIRMAN DICKSON: Would you come up and present -- I
remind the board, Mr. Lykos wasn't here. Should I have a reading of
those minutes for Mr. Lykos? Is that admissible? Otherwise --
f\.1R. BOYD: I wasn't here either.
CIIAIRMAN DICKSON: I have to have a reading of those
millutes.
MR. NEALE: Well, at least I would recommend -- and Mr.
/'clchary may want to comment because he's the one bringing the case
Page 39
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March 19,2008
IClJ'\\ard -- is that at least they probably should have an opportunity to
I'evil'w those minutes, whether they need to be read into the record or
just lTltered, and let the board members who were not here at least read
illi: minutes as provided.
('/ IAIRMAN D[CKSON: Well, and there really wasn't ,Imecting.
Iv11<. NEALE: No, there were not -- really the minutes were taken
-- tlley were not minutes of a meeting, they were actually essentially
[J'(lIlscribed testimony of Mr. I larmison that the board was able to hear
,Ii lhat point in time. And now the board members who are here that
\\erent[ 1here probably ought to review that prior to the hearing orthe
casc,
C[ I/\IRMAN DICKSON: Butl don't know -- you didn't transpose
I hosl', did you')
lvll\. NEALE: Mr. Ossorio has a copy of them,
CllAIRMAN DICKSON: Okay, so he didn't read them.
Andy, ['II go ahead and let you take it.
I'vIR, WLJHRER: Good morning, members orthe board.
('/ I/\IRMAN DICKSON: Good morning. State your namc, ['II
11: t \ l' YOU sworn in.
I'vll\. WLJI IRER: My name is Andy Wuhrer, Contracting
Iicl'llsing Ficici Investigator.
(Speaker was duly sworn.)
MR. WLJHRER: Mr. Chairman, I guess we've been sort or over
this it couple times already, so ['II make it very brier here.
Ihis has to do with Paul [Iarmon (sic) with Bayshores (sic)
;\lull1inul11 where a job was stw'led lor a homeowner. Mrs. Carol
i\kHridc. But the job \V(lS never completed. And the job was never
(( ),\L
CII;\IRMAN DICKSON: And the charges. Keep going.
[\IR. WLJI IRER: It was involving a skim coating I believe ora
sl,lb. ,111(1 also some repairs to a screen enclosure.
The cOll1pany is no longer in business to assist in getting the .job
Page 40
16/1 A
March 19, 2008
corrccted and C.O.'d. And Mr. Harrison (sic), as we noted at the last
meeting. is incapacitated medically, so he can personally not take care
ollhat problem.
Ihe total job that was done for Mrs. McBride was a $4,800 job,
Ivhich you can note on the proposal, with $2,400 down.
And subsequent to that, speaking with Mrs. McBride today. she
has -- she was unable to attend, by the way. But she just paid another
contractor $7,350 to complete the job, ajob which she's extremely
happy with. And she can supply that information, if needed.
!\Iso, her attorney has advised her that if she's unhappy with the
OU[CO!1lC ol'the linaneial restitution if any from this job that she's to lile
,] civil action on this.
CIIAIRMAN DICKSON: Okay, do you want to -- Mr. Ossorio,
do you want to -- Mr. Ossorio. ('m sorry.
Mr. Zachary -- ( forgot names for a minute. If you would, you
Ivalll to read into his testimony?
MR. ZACHARY: Yeah, Mr. Dickson, I think that if I can
summw'i/e the situation we had at the last meeting -- was not a mecting,
IIC didn't have a quorum. But Mr. Harmison was present and he had a
pretty scvere disability. There was a discussion that was had about
bringing -- continuing that and bringing him back lor another meeting.
We decided that Mr. Harmison -- everybody was in agreement that
Ivlr. Ilal'lllison would give his testimony before the board, that we
II oulel use that testimony in this case today.
What I would like do is -- if you remember, there was an issue that
he was in pretty severe pain and had some medications, and we had a
quest ion about whether or not he might be competent to testi Iy or not.
So with that said. I questioned Mr. Harmison at the last time we
\Iere together. the night (sic) of the meeting. The testimony was
tr,lIlscribed. /\nd I if I can read that relevant testimony. Not the whole
lhillg thHt was -- the discussion we had back and forth about whether or
nol he hHd to come bHck J(x another meeting.
Page 41
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March 19, 20()8
L3ut if I could just read his testimony. Then the board could be
aware of that he was generally of sound mind, was in agreement with
the proposals that were going on, and that he was willing to give that
lcstimony and not -- so he wouldn't have to come back before this
board.
CHAIRMAN DICKSON: Okay, go ahead.
f',1lR. ZACHARY: ['II start on what's Page 5 of the testimony. This
is \\hcrc wc had a discussion that I would question him about his
CUlllpclcnce.
I said: Could you state your name for the record.
Mr. Harmison said: Paul Louis Harmison.
[ asked him: Are you here today for Case No. 2008-0 I, which is --
tll1d YOUI' license number is 27081; is that correct?
fvlr. Ilarmon (sic) says: Correct.
I asked him: And are you doing business as Bayshore Aluminum
C'ullstruction?
Mr. Harmison: I was qualifier, yes.
[ asked: And do you understand that you had an administrative
complaint against you by the county?
f',1lr. Harmison: Yes.
I asked him: Obviously you are under some duress. Are you able
tu give lcstimony and understand the proceedings here against you
lodm?
rvlr. Harmison: Yeah, I'd like to get them out ofthe way.
I asked: Okay. And do you understand that you were charged with
aballdoning a construction project?
Mr. Harmison: Ycs, 1 am.
[ asked: Do you want to admit to those charges here today, and do
you understand what you're doing?
MI'. Harmison: I understand what I'm doing, and I would like to
put in mitigating factors at this time.
I asked: Okay, could you --
Page 42
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March 19,2008
Mr. Harmison: I was undergoing medical procedure at that time,
and 111L' expression slipped through the cracks. My son was helping me
as much as he could while I was undergoing medical tests, and I was
not aware of it at the time. I thought it was all handleel.
I asked: But you're not going to contest these charges?
Mr. I lannison: No, I'm not going to contest them. It's not
inspected, it's not inspected.
I asked: Did you understand that this could result in the loss of
your ability to pull permits for further jobs?
fvlr. Harmison: Yes.
I asked: And you're willing to do this and you understand
l'verything and the consequences?
M r. Harmison : Yes, I do.
I said: Okay.
And I asked Mr. Ossorio: Do you have any questions for Mr.
Ilarmison?
Mr. Ossorio said: None.
I said: Okay, thank you for coming.
Mr. Harmison said: Okay. I'mlree to go?
/\nd I said: Yes, thank you.
Mr. Chairman, you said: Thank you, okay, be as is that nobody--
I said: M r. I larmison, just onc more thing. Do you waive your right to
appear at the next meeting and face these charges formally?
IV[r. Herriman: Yes.
I said: Okay, thank you.
Mr. Chairman, you said: 13eing that there's nobody else that has
COIllC in, I can't go any further therefore with this meeting --
/\nd I said: Never happened.
Mr. Chairman, you said -- never really happened. We could call it
adjoul'l1ed.
I apologize for everyone who had to come. It's the second timc in
20 years, like I said. I apologizc and we'll try to rectify it and get things
Page 43
~
16/1 A
March 19, 200g
clunc nc:\ttime. Thank you very much.
Nothing further to rcad into the record.
CIIAIRMAN DICKSON: Okay.
lvll( JOSLIN: .lust for the record, then all this testimonv that vou
. J .
.illst g,lve /h1l11 Mr. Herriman (sic) n I'm sorry, /I'om --
CIIAIRMAN DICKSON: Ilarmon (sic).
rVIR. JOSLIN: Harmon (sic).
IvlR. NL~ALF:: Harmison.
rvlR. JOSLIN: Was witnessed by certain members of the board that
I1l',lrd his testimony.
!\/IR. ZA.CHARY: Yes. certain members of the board did. I have--
\\ hM I'm reading /I'om is a transcript ofn it's at the Collier COllnty
licensing board. Present was Mr. Dickson, Mr. Blum, Mr. Cuite' and
l'vl r. .i osl in.
IvlR. .iOSLIN: Okay. (think we can proceed then, huh?
CIIAIRMAN DICKSON: Everyone on the board. with that and
lltl' Pdcket t1wt you have in Ii'ont of you, do you need n do you Iwve an)
questions or anymore testimony. or are you at a point to move /<')J'\yard
un I Ill' charges? We \von't do penalty phase yet, we'll only do charges.
['viR. JOSLIN: I think we should just move f<.)t'\vard on the charges.
11's prelty much --
IvIlt IIERRIMAN: Move forward.
Ivll\. IIORN: Move f<.)t'\vard, sir.
('II/\IRMAN DICKSON: The two charges, they are spelled out
llll'!'l'.
I might mention that n what's the lady's name who n
rVIR. JOSLIN: McBride.
CII/\.IRMAN DICKSON: Yeah, Mrs. McBride. Yeah. she \vas--
.;hl' CCll1ll' two months in a row.
.\1Il1 I do want to n I tried to thank her then. but I want to th,lI1k
hl'!' 110\\ too. I hope she's watching.
Hut wc appreciate the lime that she spent in this issue. We really
fJagc 44
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March 19,2008
(lppreei(l/e her. Because she does help not only hopefully herself but she
helps other people of the county as well.
So with that in mind, do I have a motion on two charges, 4.1.3 of
ubundoning a construction project. And a second charge of Count No.
-1.1.6. disregard or violate the performance of his contracting business
in Collier County.
l'vlR. JOSLIN: I'll make that motion. We find that Paul L.
Ilurll1ison, d/b/a Bayshore Aluminum Construction, Inc., License No.
27081 be found guilty on Count I and on Count 2. County I being
4.1.:\. abandoning (I construction project in which he or she engaged or
under contract as a contractor. Project may be presumed abandoned if
the conlmc/or terminates the project without just cause or Eli Is to notiJ)!
[he owner in writing of termination of the contract and basis for the
S,lll1e. or lllils to per/arm work for 90 consecutive days without just
cause und no said notice to the owner.
Also guilty on Count 2,4.] .6. Disregards or violated in the
perl()f'Jll(ulee of his contracting business in Collier County any of the
bu i Id ing, safety, health, insurance or Workmen's Compensation laws of
the State of Florida or ordinances ofthis county.
CIIAIRMAN DICKSON: Do I have a second?
IVIR. HERRIMAN: Second, Herriman.
CH/\IRMAN DICKSON: Discussion?
(No response.)
CIIAII~MAN DICKSON: All those in favor?
MR. JOSLIN: Aye.
rvIR. 130YD: Aye.
CHAIRMAN DICKSON: Aye.
f\1R. LYKOS: Aye.
[vIR. HERRIMAN: Aye.
MR. I lORN: Aye.
C1IAIRMAN DICKSON: Opposed?
(No response.)
Page 45
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March IlJ, 200i\
CI l/\IRM/\N DICKSON: Passes, I'm going to come back to you,
tvll', \Vulll'er, with your recommcndations injust a minute,
lirst ML Neale, you want to briefus on what our options ,Ire ,IS lar
(\s takin~ action?
L
fvm. NEALE: Certainly. Since the board's --
CII/\lRMAN DICKSON: Let me explain, since I got a new
l11cmlllT .lust a minute, Pal. ifvou don't mind.
-
~ lR, NEALl,:: Sure, no,
CllAlRMAN DICKSON: Why can't I remember your namc.
I (tcll;II). today? God, I've known you forever.
Mr. Zachary represents the county, and the county commissioners.
I Ie is till' county attorney.
MI'. Neale is in private practice. ML Neale is only representing this
bO(ll'cL lie kceps us out of trouble.
Iktween the two of them -- and if you notice, they're the only suits
ill 1l,.'l'l'. Illat's whv we call thel11 the suits. But between the two of them.
-
tlll.'.\ 'w done a pretty good job of keeping us out of trouble. So that's
tlll'ii' Illllction on the board. Go ahead, Pat, sorry.
l\lR. /ACIIAR Y: I think I want to say I'm an assistant county
;It tOI'l1L'\. Tllere's --
CTI/\IRMAN DICKSON: Yeah, but you'll be the next full time.
MR. NEALl-:: And what's typically in these kind of cases, just to
give you a quick background, since we've got a moment is these kinds
o/'eases (\l'e quasi judicial in nature where the board really docs have
tile ;Ibility to impuse sume I~lirly severely penalties. and su it's a pl'elty
Siccllilic;lIlt responsibility.
/\nd the board can take away someone's ability to earn a living.
\'uu Gin take away his or her ability to practice contracting. So it is a
m;ljor decision.
/\nd you'll hear in the later cases, I'll give you the full charge to the
boal'd as to what your responsibilities are to these cases, somewhat
shmt.circuitecl because of the pleading of the respondent.
Page 46
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March 19, 200g
But the board does at this point now have to decide on what
s,lnctions. Now that they found the person in violation of the charges.
the) helve to decide on what sanctions that you're going to impose on
the person who's been /clLlI1d in violation.
/\nd there's really Jive different mqjor sanctions that the board can
impose on someone who's found in violation of the code.
The) may deny the issuance of building permits or permits with
restl'jctions.
The board may also -- and I'll have go to the sanctions here, since I
don't have them right here.
rvm. L YKOS: You guys don't have these memorized?
Mlt NEALE: You think I would.
CIIAIRMAN DICKSON: Pretty much.
rvm. NEALE: There really are a number of sanctions. Number one
is rl'vocation of the Collier County or city Certificate ofCompetcncy.
Number two is suspension ofa Collier County or city Certificate
or Competency.
N umber three is denial of the issuance or renewal of a Coli ier
C'ount) or city Certilicate of Competency.
NumberlclLlr is to put the person operating under a period of
probation of reasonable length not to exceed two years, during which
(jllll' the contractor's contracting activities shall be under the supervision
or the contractor's licensing board and/or their participation in a duly
accredited program of continuing education directly related to the
conlnlcting activities.
That period of probation or continuing education may be revoked
Ic)r cause by the board at a hearing noticed to consider the purpose.
I\eslilution is also possible. Restitution has to be proven by evidence.
butlhl' board can issue an order for restitution.
/\ line not to exceed $10,000 per violation.
/\ public reprimand.
A reexamination requirement.
Page 47
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March 19,2008
Dcnial of the issuance of Collier County or city building permits
or rcquiring the issuance of permits with conditions.
/\nd award reasonable investigative and legal costs.
III the imposition of these violations, the board has to consider live
elelllents:
The gravity of the violation; the impact of the violation on the
public health. welHlre or salety; actions taken by the violator to correct
thc violation; any previous violations committed by the violator: and
an) othcr evidence presented at the hearing by the parties relcvant as to
the sanction which is appropriate for the case, given the nature of the
violCltion and the violator.
These orders are ellective upon being stated here at this hearing.
And the other thing that the board must do is issuc a recommcnded
penally for the State Construction Industry Licensing Board.
The penalties that the board may recommend include: A
I\'colllmcndation of no further action; a recommendation oJ"the
suspension. revocation or restriction of the registration: or a line to be
levied by the State Construction Industry Licensing Board.
And these arej(Jr state refl,istered contractors, of course.
L
CHAIRMAN DICKSON: Thank you, Mr. Neale.
Mr. Wuhrer, what's the county's recommendation on sanctions'?
MR. WUHRER: Mr. Chairman, partially the recommendation
fhllll staJTwould be that the fees to properly put this thing back together
be paidm) Mr. Harmon (sic) to the extent 01'$7,350.
CIIAIRMAN DICKSON: That's the restitution. correct'?
ivll<.. WUIIRER: Yes.
CIIAII~MAN DICKSON: Say that again?
rvlR. WUI-IRER: $7,350. Which was the amount paid to another
contractor to come in and correct the problems.
/\ncl the second part I'll defer to Mr. Ossorio.
CIIAIRMAN DICKSON: Michael?
rVIR. OSSORIO: Like Mr. Wuhrer has needed before, that
Paul' 48
b
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March 19,2008
n.'st i tution was elari tied through testimony of $7,800 and change.
We also recommend that we pay investigational costs of$I,OOO.
ancl h is I icense be suspended.
I do hovvever think that hopefully that we can suspend his license
and ifMr. Harmison comes up with the funds within 13 months that
he'll be able to petition the licensing board to go ahead and conduct his
business properly again.
So with that said, suspend his license for a period of 13 months
Ihllll today. pay full restitution and $1,000 of investigation costs. due to
the tile! that this is our third month here.
CHAIRMAN DICKSON: And he's not -- is he state registered'?
MR. OSSORIO: No. And there's no recommendation to the State
Licensing 130ard due to the J:act that he's county licensed and not state
regisll'red.
CIIAIRMAN DICKSON: Claritieation. You said 7.800 and
change. and we just served 7,350. Which one is it?
MR. WUHRER: Well, the amount that she gave me this morning,
vvhich vvas Ihllll her memory. was two separate amounts that she had to
pay totaling 7,350.
I would be happy to get the exact amount by getting copies of that,
but this is what she gave me verbally.
CIIAIRMAN DICKSON: That's the tigure I've got to go with, isn't
it. Mr. Neale'?
IV"\. NEALE: Yes.
CIIAIRMAN DICKSON: I mean, it's going to be exact when we
Jlnish.
MR. WUI-IRER: Yeah, it can only be dollars different, according
to her.
C1IAIRMAN DICKSON: Okay. Anyone have any questions or
(IIIV further comments before I ask for a motion?
(N 0 response.)
CHAIRMAN DICKSON: We do this in two phases: One is the
Page 49
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March] 9.2008
count phase and one is the sanction phase.
rvlR. LYKOS: I understand.
CllAlRMAN DICKSON: Anybody willing to makc a motion on
the sanctions?
(No response.)
CIIAII~MAN DICKSON: I'll do it. I move that in the case of
Collier County Commissioners, Collier County, Florida, versus Paul L.
llarmison, d/b/a Bayshore Aluminum Construction, Incorporatcd, Case
No. 2008-0 I, License No. 2708 I, that the following sanctions hcreby
be imposcd:
N umbcr one: II is I iccnse be suspended for 13 months. I f it is not
rl'ins[(lted at the end of that 13 months, the license will then be revoked.
Number two: That a restitution 01'$7,350 be imposed upon the
contnlclor in this case. And that money is payable -- I don't want to use
a dale hcre to where they can't get it back. But that payments bcgin
within no more than 60 days. And be completed--
MR. JOSLIN: Within 13 months.
CI IAIRMAN DICKSON: Within the 13 months. Hopefully that
c,ln bc done sooner.
nul until such timc as rcstitution is made, the license is suspended
and lherc will be no permit pulling privileges offercd to him, as long as
lhere's an outstanding balance.
And number three: That the contractor also pay to the county a
case cost J()I' investigating this case 01'$1,000.
No recommendation to the state.
MR. JOSLIN: I'll second the motion.
CHAIRMAN DICKSON: Discussion?
IVlR. Ifl~RRIMAN: Qucstion.
l'IlAIRMAN DICKSON: Yes.
MR. HERRIMAN: Ifhe pays the total amount before the 13
lllonths, can he get his license rcinstated?
CHAIRMAN DICKSON: He'll have to come back before this
Page 50
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March 19. 2{){)~
bu,lrd.
Isn't that correct, Mr. Ossorio?
1\11\. OSSORlO: That's correct.
C11/\/RMAN DICKSON: We'll sec him again.
MI( NEALE: Yeah. that's the one thing that needs to be noted in
Ill(' l1Iotion, that ifhe does make the payment, then he has the -- ifhe
1ll,lkcs the payment within 13 months, he has the opportunity to petition
Ihl' board jll!' reinstatemcnt. That doesn't automatically reinstatc him. it
gi \L'S hi III the opportun ily to pctilion Jor reinstatement.
('IIAIRMAN DICKSON: Clarification of the motion. That if the
$7.35(J illld the $1 ,ClOO case cost investigation amount is paid within the
13 Illonths. thcn the contractor will have the privilege of coming back
hl'!l)l'C the board to possibly reinstatc a license. But that will be dccided
:I! [hl' til1le oncc he appears be!l)re this board.
1\11\. JOSLIN: I'll secondlhat change.
(11i\IRMAN DICKSON: Clear enough, Pat?
MR. NEALE: Uh-huh.
CIIi\IRMAN DICKSON: Okay. Any discussion?
(!\io response.)
C'II/\IRMAN DICKSON: All thosc in favor?
MI( JOSLIN: Aye.
MR. BOYD: Aye.
CIIAIRMAN DICKSON: Ayc.
rvlR. LYI<OS: Aye.
MR. Ilr:RRIMAN: Aye.
I\II( IIORN: Aye.
U I/\IRMAN DICKSON: Opposed?
(No respunse.)
('IIAIRMAN DICKSON: Okay, so real quick --
MR. I'ACI IARY: Excuse me, Mr. Dickson, one morc point.
CIIAIRMAN DICKSON: Yes, sir.
!'vIR. I'ACI JAR Y: Bccause ufthe unusual nature of this case. and
Page 5 I
L
16/1 A
March 19. 200i\
I'lL' read this transcript into -- I think it was into evidence, so I may
Ileed to get sworn in that what [ rcad to you was the transcript the way it
\1 :IS actually writtcn, just Cor housekeeping purposes.
CII/\IRMAN DICKSON: Let's do that. Even though you're ,\
li'iL'llll 0 r the court'?
f\1I<.. NEALE: But he's ol1ering testimony.
f\II\. ZACIIARY: Butl was ol1Cring testimony.
('I Ii\lRMAN DICKSON: That's right, okay.
tvllZ. ZACIIAR Y: It was something that I -- it's an unusual
situ<ltion. I've never done that before, so--
CIIAIRMAN DICKSON: Mr. Zachary, if you would, state your
11i1111L'.
MR. ZACHARY: Robert Zachary.
(Speaker was duly sworn.)
CIIAIRMAN [)!CKSON: Mr. Zachary, the statemcnt that you
I'.',ld of 1VIr. I larmison, was that the exact testimony that was given by
Ililll un tllat date?
IVII\. ZACIIAR Y: What I read was word for wordlhlm the
(J'{\IIscri pt. yes.
CllAlRlVIAN DICKSON: And what was the date oCthat
Ir,\IIscripL that testimony again?
ivll<.. ZACIJAR Y: ThaltesLimony was given on February 20,
2UUi-\.
(IIAIRMAN DICKSON: Thank you, sir.
[\11\. JOSLIN: I'll make a motion that we accept all transcribed
ili!tmn:lIiol1 provided by Mr. Zachary regarding Mr. Herriman's (sic)
l',ISL'.
CIIAIRMAN DICKSON: Second.
Yeah. because we didn't put that in the packet.
;\11 those in nlvor?
~II\. JOSLIN: Aye.
IVII\. BOYD: Ave.
Page 52
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March 19,2008
(J IAIRMAN DICKSON: Aye.
ivm. LYKOS: Ave.
.
Mlt HERRIMAN: Aye.
['vIR. IIORN: Aye.
CIIAIRMAN DICKSON: Some legalese.
j\/Jr. Neale, I've got to do this, don't I?
MR. NEALE: Uh-huh.
CIIAIRMAN DICKSON: Sorry about this. This is the worst part
of the case. Of course Cherie' knows it fast enough, she can go with me.
130ard orColJier County Commissioners, Collier County, Florida,
the rlL~[itioncr, versus Paulllarmison -- Paul L. Harmison, d/b/a
13ayshore Limited Construction, Incorporated. Case No. 2008-0 I,
I ,ieensc No. 27081.
This cause came on or J~)r public hearing before the Contractor
I ,iccnsing Board on March 19th. 2008 for the consideration of the
cOll1plaint tiled against Paul L. Ilarmison.
Service of the complaint was made by certitied mail and personal
lkli\ cry with Collier County Ordinance 90-105, as amended.
Ihe board, having heard testimony under oath, received evidence
ami heard arguments respective of all appropriate matters hercin. issues
its II ml ing of nlet and conclusions of law in the order of the board as
I<Jllows.
I think I grabbed the wrong -- I'm looking for the one that talks
about -- I got it, Mr. Neale. There's several of these. But J want that one
where it says -- okay, I've got it.
Findings of lact: That Paul L. Harmison is the holder of record of
Ccnilicate of Competency No. 27081.
Number two: The Board of County Commissioners, Collier
County. 1,'lorida is the complainant in this matter.
Number three: That the board has jurisdiction of the person on the
n 0 f the respondent. And that Paul L. Harmison was not present at the
public hearing and was not represented by counsel.
Page 53
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March 19, 2008
Can 1 add here, Mr. Neale?
1',11 R. NEALE: You can make a finding that however testimony
\vhich he had given in the past was entered into the record in this
m,lIlner.
CHAIRMAN DICKSON: But the testimony that he had given in
February was read into the record.
Number four: All notices required by Collier County Ordinance
No. 90-105. as amended, have been properly issued. The allegations
,1Ild lindings of ract orthe administrative complaint are approved and
incorporated, adopted by reference to the findings of fact, conclusion of
law.
The conclusions of law alleged and set forth in the administrative
cOlllplaint arc approved and adopted and incorporated herein, to wit:
Count number one, 4.1.3. abandoning a construction project in which
he is engaged or under contract as a contractor or project may be
l)I'l~suml'l1 abandoned if the contractor terminates the project without
just cause or lails to notify the owner in writing of the termination of
the contract, basis for same or rails to perform work for 90 days without
just cause and no said -- no notice to the owner.
And also guilty of count number two, 4.1.6, disregards or violates
in the performance of his contracting business in Collier County any
other building, saICty, health, insurance or Workmen's Compensation
Imvs of the State of Florida or ordinance of this county.
Order ofthe board: Based upon the foregoing lindings of fact and
conclusions of law pursuant to the authority granted in Chapter 489,
Florida Statutes and Collier County Ordinance No, 90-105. as
mllel1licd. by a vote of six in Hwor and zero opposed, it is hereby
ordered thaI the following disciplinary sanctions are hercby imposed
upon the holder of Collier County Contractor Certificate of
('ompctency No. 27081.
Number one: License is hereby suspended for 13 months, at which
time at the end ofthc 13 months if it has not reinstated will be revoked.
Page 54
Mell!h~9~ 2~8 A
Number two: Restitution in the amount of$7,350 be paid to the
homeowner via the contractor licensing offices of Collier County.
Number three: That case costs in thc amount of$J,OOO be paid to
Collier County. There be no Je)["\varding -- no recommendation to the
stall'.
/\nd that Mr. lIarmison may sanction or may approach the board
Il)!" reinstatement of his license if that tine and the restitution is paid
during within 13-month period. Enough said.
Okay, Mr. Neale?
MR. NEALE: That's tine.
CHAIRMAN DICKSON: Very good.
rVIR. ZACHARY: One more thing, Mr. Dickson, I want to clariJ).
th,ll I didn't read the entire transcript, but only the portions that were
rl'levant to Mr. Herriman's (sic) testimony today.
CIIAIRMAN DICKSON: Andl will note that in the order of the
board. that only the relevant portions of his transcript were read.
I-low about we take -- if I can hold it to 10 minutes, it would be
wonderful. It's 10:33 right now. I'll give you a little slack. 10:45 we
recon venc. Let's take a quick break, then we'll go to the next case.
( Rl'ccss.)
CIIAIRMAN DICKSON: I'd like to call back to order -- wow.
,limost perlectly on time n call back to order the meeting of the Collier
County Contractor Licensing Board.
Next case is -- you want to do 02; is that who these people are,
rvlike?
MR. OSSORIO: They're 03. If you want to skip 02 and go to 03,
theIL'S up to --
CHAIRMAN DICKSON: These people have sat here and waited
/()!" an hour and 45 minutes.
Case No. 2008-103. Robeli Albertsen, d/b/a Robert M. Albertsen,
Illcorporaled.
Is I\obert Albertsen present?
Page 55
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March 19,2008
(No response.)
CI I.!\IRMAN DICKSON: He is not.
/elll. arc you going to prescnt this case?
rvIR. JACKSON: I am.
CIIAIRMAN DICKSON: Okay, I'll let you have the 1l0or. sir.
MR. JACKSON: For the record, Ian Jackson, Contractor
I "iccnsing for Collier County.
(Speaker was duly sworn.)
C1IAIRMAN DICKSON: Make sure you got thc right case,
lwemlsc I did skip onc. Okay, go ahcad.
IVIR. JACKSON: This case involves a certiJled building
contractor, License No. CBC-125-1602.
CHAIRMAN DICKSON: Can I interrupt you jc)rjust a minutc?
MR. JACKSON: Yes.
CIIAIRMAN DICKSON: Do you have any idea why Robert
/\ I bertsen is not present?
,'vII<.. JACKSON: I do not have any idea why he is not herc.
CI1AIRMAN DICKSON: Okay, then I need lor you to -- the Jirst
tiling you need to do belixe I can continue is you've got to prove
serv Ice.
MR. JACKSON: I mailed a notice of hearing to Mr. Albertsen on
MR. JOSLIN: It's in the packet, I believe.
CIIAIRMAN DICKSON: February 1 st, '08'1
rvIR. JACKSON: That's when the notice of hearing was signed for
on tile return reccipt. It looks like Robert Albertsen.
I \Vas in contact with Charlotte County, asked someonc /l'om the
building departmcnt n'om Charlotte County to go by this address. Mr.
Albertsen is homcsteaded at this address, unclear on whether hc
'lctwllly lives there. But it appeared to me that that was his signature on
the return receipt, so I proceeded with bringing it hcre today.
C:!I/\IRMAN DICKSON: Havc you had any contact with him?
Page 56
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March 19,2008
MR. JACKSON: No. sir.
CI IAIRMAN DICKSON: Mr. Neale, can I proceed on this'! I
dOIl't know if that's Robert Albertsen's signature.
IVII\. NEALE: I think there can be a presumption made that he did
-- tilat it was him. because it was the address last made. And appropriate
sLTviee pursuant to the ordinance is that the board -- the contractor
lil'l'llsing stalTshall send by certiJied mail, return receipt requestcd. ,1
klll'r to tile licensed contractor at his local address or, ifapplicable. the
locll agent's address as shown by the records ofthe Contractor
I ,icellsing l3oard, enclosing a copy of the complaint indicating the namc
ol'tlle complainant, the date of the commission of the offensc, tile
sl'Ction of the article alleged to have been violated, the range of
S,llIctiollS which rTlay be imposed upon the contractor pursuant to this
lIrliele by the Contractor Licensing Board in the event said board Jinds a
vioi<llion. and thc date. time and place at which the contractor shall
:IPPUlI before the Contractor Licensing Board lor a hearing regarding
the ,'olllplainl.
i\ml the date scheduled shall not be sooner than 20 davs from the
"
mailing date ofthc letter.
If tile board linds that all of those were met, then that is good
service.
CIIAIRMAN DICKSON: lan, you know, I'm just being -- I'm
trvi III:-( to crror on the side of caution.
l'vI R. NEALE: So what I would propose is that the board take
tcstimony and make a Jinding that appropriate service was made
pursuant to Collier County ordinance.
rvlR. JOSLIN: Would it also apply too that the actual physical
1IlIdl\:ss of the business and where thc actual eertiJiedletter was mailed
to. [hn match as /iu' as the case. and --
rVIR. Nlj\LE: Exactlv. And it needs to be the local addrcss th,lt is
011 jile with the Contractor Licensing Board, because the -- all
contractors have a responsibility to maintain a current valicl address
I'age 57
MaJ~h~ J 2&8 A
with [he board. The board has to go on the address maintained with
thent not any secondary in formation they have.
CIIAIRMAN DICKSON: Is this Mr. and Mrs. Drews?
MR. JACKSON: Yes.
CI IAIRMAN DICKSON: Mr. Drews, would you approach the
podium, please, sir.
I f you would, state your name and I'll have you sworn in, sir.
MR. DREWS: My name is Loren Drews.
rvIR. NEALE: Excuse me. Mr. Dickson, what I would --
CHAIRMAN DICKSON: lie knows where he is.
MR. NEALE: Okay. But what I said is if you're taking testimony
ll)l' the purposes of finding --
CIIAIl~MAN DICKSON: .lust this.
Mlt NEALE: -- appropriate service. Okay.
CHAIRMAN DICKSON: Go ahead,
(Speakcr was duly sworn.)
CIIAIRMAN DICKSON: Mr. Drews, we want to hear this case.
you kno\V this. l'mjust trying to cover myselfso that nothing gets
kicked out.
ivllt DREWS: Very good.
CIIAIRMAN DICKSON: You know where this contractor is,
don't you?
MR. DREWS: Well, not really. I've tried to reach him many times
with no avail. And that's why I took out the complaint against him.
CIIAIRMAN DICKSON: When's the last time you saw him?
MR. DREWS: I'm not sure that I really met him. .lust going back
nO\\ aileI' Wilma, I think I might have met him once when he came out
to make the measurements. But I'm not sure it was him.
CHAIRMAN DICKSON: I'm getting -- this hole is getting deepcr.
MR. DREWS: Oh, it's a terrible story.
CHAIRMAN DICKSON: Yeah, but the hole that I'm digging for
myself is getting deeper.
Page 58
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March 19,2008
MR. JOSLIN: Mr. Chairman?
('I IAII~MAN DICKSON: Let me tinish.
Have you talked to him on the phone?
MR. DREWS: I can't get -- he won't respond to any of my calls.
CIIAIRMAN DICKSON: It's still getting deeper. Someone help
IlK'.
MR. JOSLIN: Mr. Chairman, I think under the circumstances with
the evidcnee that we have before us and the eertifiedlctter that he was
given with proper service, that I think that I'd like to make a motion that
we proceed with the Case No. 2008-03 and hear the testimony with
respondents here; that Robert M. Albertsen was duly served, and I
believe of his own t,'ce will he's not here now.
IVIR. NEALE: And Mr. Zachary makes a very good point, that if
you -- the careful reading ol'the ordinance, it specially states that the
mai ling certi tied return reeei pt is appropriate service. There's no
requirement that the card be returned, the return receipt be returned.
III this case you actually have thc return receipt signed by somcone
vvho purported to be Mr. Albertsen at the address which Mr. Albertsen
had on file with Collier Countv.
CHAIRMAN DICKSON: I agrec. Thank you, Mr. Drews.
l'vIR. I-lORN: I'd like to second the motion.
MR. JOSLIN: I'd like to add that -- I'll add that last comment lh)m
IVlr. 1',ltrick (sic) into the motion also.
C'IIAIRMAN DICKSON: I have a second.
ivlR. IIORN: Second amendcd, Horn.
ClIl\lRMAN DICKSON: All those in luvor?
IVIR. JOSLIN: Aye.
MR. BOYD: Aye.
CIIAIRMAN DICKSON: Aye.
MR. L YKOS: Aye.
MR. IIERRIMAN: Ayc.
rvlR. HORN: Aye.
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CIIAIRMAN DICKSON: To the county, you know what I was
doillg there. I wasn't questioning you at all, but I could see this thing
coming back another way.
1 just like to have more than one -- and t(:Jr future refcrence, r like
to have more than just that carel. Someone talk to him, go to his house.
dl'ive hy there, someone know that he knows therc's a complaint here
,md it's going to be heard. Okay.
MR. NEALE: Althoughjust to be clear on the record that while
that would be good. it's not required at all by ordinance or statute, so __
good service is obtained just by following the rules of the ordinance.
CII/\IRMAN DICKSON: Thank you.
PlOceed.
MR. JACKSON: I'll start at the beginning of Mr. Drews'
i1/uminum pool cage. Mr. Drews originally contracted with a company
ihlm Miami called Sea-mar, where Mr. Drews gave Sea-mar the initial
dcposi t.
Due to the inability of Sea-Mar to construct the pool cage. they
tl'rJllin;ltcd the contract, which was recorded in the Clerk of Courts.
The initii11 deposit then went to Mr. Albertsen when Mr. Drews signed
the contract with Robert Albertscn, Incorporated for the construction of
this pool cage.
Thi1t explains one of the chceks that was written to Sea-Mar,
which ultimately went to Robcrt Albertsen.
Construction began. No building permit was applied lor.
Construction is linished. Mr. Drews pays Robert Albertsen $1 ] ,600
directly to Albertsen. plus the other 3,000 that Albertsen receivcd from
lhc original company.
The pool cage is built. The City of Marco Island Code
l:nJ(xeement opens a case on Mr. Drews bccause there's no permit for
his pool cage.
Ultirnately, as of yesterday, I spoke with Marco Island, therc still is
no permit applied for, and there is the potential tor Mr. Drews to bc
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liKed with lincs or inflated building permit fees for his cage that was
built by Robert Albertsen, Incorporated.
1\,11\. JOSLIN: One question while you're going there. .lust to
cldri 1\. how did the -- how did the -- one second.
Ilow did Mr. Drews initiate the contract with Sea-Mar and then it
was basically what, sold or given to Mr. Albertsen to complete?
MR. JACKSON: From what I understand from Sea-Mar. Sea-Mar
and Robert Albertsen, Incorporated worked with each other,
subcontraetcd with cach other. Ultimately they had some issues
lx,t lIeen the two of those com pan ies. and previous to their issues
Se,I-M<lr terminated their contract with Mr. Drews, forwarded the
ckposit to Robert Albertsen, Robert Albertsen ultimately built thc cage
using subcontractors. I'm assuming, and collected all ofthc money.
M1Z. JOSLIN: But still as of this date hasn't pulled a pcrmit or got
,I valid permit.
MR. JACKSON: As of yesterday I spoke with Marco and there's
no permit <lpplicd for fix that pool cage.
M1Z. JOSLIN: And you are certain that Sea-Mar or Mr. Drews
g,lve this chcck to Mr. Albertsen? The deposit check I'm talking about.
MR. JACKSON: The initial check.
MR. JOSLIN: They did receive that?
MR. JACKSON: I did speak -- just to reiterate, I asked Mr. Drews
once again this morning, the initial check went to Sea-Mar. and hc said
yes. the initial payment went to Sea-Mar. Everything subsequent /i'om
that went to Robert Albertsen. Incorporated.
MR. JOSLIN: All right, go ahead. I'm sorry.
MR. DREWS: May I clarify a point for you?
CHAIRMAN DICKSON: Ycah, he'll call you up injust a minute.
Arc you finished?
MR. JACKSON: That's all I have. I'll be happy to answer
questions.
CHAIRMAN DICKSON: You want to call your witnesses?
Paul' 61
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March 19, 200il
[VIR. JACKSON: I'll call Mr. Drews so he can clarify.
MR. DREWS: The reason the contract was switched to Albertsen
J'mm Sccl-Mar was the fact that it took so long to even get anybody out
tu Liu ,I pool cage at the time, because everybody was scrambling to get
<l pool cage built. I had to put up a temporary fence around mine.
/\ml Sea-Mar called me and said we lost all our help to
\'Iississippi and Louisiana. so we cannot complete your cage. We woulLi
likl.-' lo turn it over to this other company, Albertsen.
So I said, wel L if you recommend them, I guess we can do that. I
h,ld gone. bcfore I signed the contract with them, to City Ilall in Marco
Isl<lnd (0 check on the status. I Ie was licensed to do work on Marco and
in Collier County. And he had taken three permits out (0 do pools on
IVlal'Ul. l3ut evidently he never took mine out.
C'[ 1/\IRMAN DICKSON: It's a horrid case. And I'm so sick of
SL'll'Cn l'I1l'losures. I mean. that's all we've had since Wilma is screen
1,'[ icllJSlII'es.
And (he clown that we revoked his license thllll down in Marco,
he gets arrested what. last month, he's still out there taking dcposits and
stealing moncy.
ivlR. DREWS: Well, the worst part of this is that the pool cage
\\,IS not built properly. So aaer -- I'm probably going to bc J<)l"ced to
[;Ikl.-' outlhe permit and have it reengineered and then get another
L'(lllll',lctor to repair the mistakcs.
CIIAIRMAN DICKSON: Have you had any liens placed on your
house')
rvlR. DREWS: No.
CHAIRMAN DICKSON: Boy, if we havc another hurricane I
hope people wait two or three years to get screen enclosures. It has bcen
d Ilighlnwre.
ivIR. DREWS: It's been such a mess, though, iJ'you don't have a
(,(Igl'. You know, it was -- I was happy to get almost anybody to get a
C<lgc back up it took so long. It was--
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March 19, 2008
CHAIRMAN DICKSON: What they don't tell you, if you cut four
01' livc of those panels of screens your cage will not implode. So in the
future. cut screens.
rVlR. DREWS: I usuallv take the screens out of the doors, thcn the
.-
vv i ncl can go through.
CIIAIRMAN DICKSON: Same thing with screen enclosure.
MR. DREWS: Well, that's what I was referring to. But Wilma was
!JI'l'lty bad by our house. I had $25,000 damage.
MR. IIEIU~IMAN: I have a question. Mr. Drew, you wrote a
l:hl'ck to th is contractor on April 7th for $6,120. Did you gi ve it to hi m?
ivlR. DREWS: The two fellows that were -- I call them Mutt and
JelTthat were doing the job requested the eheck at a certain period of
timc for the material and what they had completed at that point. And
they linishedup at 10:00 one night.
I have a picture, if you're interested in looking at it. That's them
Jillishing up at nighttime. And I couldn't tell all the mistakes in the dark,
(llllll VV(lS just happy to get rid of them. And I paid the Jinal amount.
C1IAlRMAN DICKSON: Anybody have any questions?
(N u response.)
ivlR. JACKSON: I have dealt with Robert Albertsen with other
c,\ses previous to this, which were ultimately referred to Department of
Business and Professional Regulations. I do know that he's scheduled
I()r a hearing at the state level as well, for what that's worth.
CHAIRMAN DICKSON: So you've talked to this individual.
rvlR. JACKSON: I've talked to him. Not about this case; previous
C,IS('S very similar. To where I thought it was best that they tile with the
S((IlL', \\ho reallv has the jurisdiction over this contractor.
. .
CIIAIRMAN DICKSON: Because why? Is he doing them under
his I'csidential building license?
MR. JACKSON: The certified building -- yes, the certilied license.
CHAIRMAN DICKSON: Okay. But he does have a competency
card in Collier County?
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March 19. 200g
MR. JACKSON: Correct. He's registered with the county to obtain
pcrlllils. But he is doing business under the certifIed building contractor
lieellse.
CIIAIl~MAN DICKSON: Mr. Neale, is it -- are we allowed to
e:-"pcllld [his to include a state license to stop permit pulling privileges?
MR. NEALE: That is actually the only power this board has over a
state certified contractor is n
CIIAIRMAN DICKSON: Well, we have a competency carel we
CCIII wke full action on.
MR. OSSORIO: Mr. Dickson, that is a certilicate issued to the
building department so that he or she is able to pull building permits.
But on --
CIIAIRMAN DICKSON: Oh, f got you.
rvlfZ. OSSORIO: 'fhe only thing we're looking at today JIJr any
state licensed contractor who pulls a building permit is under 4.2.2. is
willllilly violating the Florida Building Code, which is n obviously 105
01' tile 1.'lorida Building Code tells you that you have to havc a building
pel'lll i l.
With that said, that is the Jirst step of many things that the state's
going to be looking at when -- ifindeed we issue a finding of fact on a
locallcvel we refer to the state for sanctions. And the only thing we're
looking JI)!, today, as any state certified contractor, is thc ability to go
aheml and pull his building privileges so that this gentleman, he or she.
is not able to pull building permits tomorrow without cleaning up his
obi igations.
CIIAIRMAN DICKSON: Should we not address it as C13C
license?
MR. OSSORIO: I would definitely refer to the certificate numbcr
andl'elCr it in the Jinding of filet as a state certitied license, whatever
tl1ill number night be.
L
C1IAIRMAN DICKSON: I've got it here. It's CBC, eertilied
buildin}.', license CBC 125-1602.
L
Page 64
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March 19,2008
Okay. Anything else, Ian?
MR. JACKSON: I have nothing else.
CIIArr~MAN DICKSON: Anybody have any questions of the
Drews or Ian?
( N II response.)
CIIAIRMAN DICKSON: Thank you, sir. I'll call you back in just
a minute.
I'vIR. JACKSON: Thank you.
ellAIRMAN DICKSON: 'fhe charge is willfully violating
building eodes or laws of the state, city or Collier County. Do I hear a
motion on that charge?
MI( NEALE: Do you want me, for Mr. Lykos's benefit, to do the
charge?
CHAIRMAN DICKSON: Yeah, he hasn't heard that one, has hc?
1\1I( NEALE: No. he hasn't heard that one.
CHAIRMAN DICKSON: Okay, go ahead.
MR. NEALE: It's good to get it on here.
In thcse deliberations, the board, in its deliberations, shall
ascertnin that fundamental l:airness and due process were afforded to the
respondent. However, pursuant to Section 22-202 ((i)(5) of the codilied
ordilli1l1ee, the f(wmal Rules of E:videnee as set out in Florida statutcs.
sl1allnot apply.
The board shall consider solely evidence presented at the hearing
in the consideration of this matter. It shall exclude lrom its deliberations
irrelevant, immaterial and cumulative testimony. It shall admit and
considcr all other evidence of a type commonly relied upon by a
reasonably prudent person in thc conduct of their an:airs. This is
whether or not the evidence so admitted would be admissible in a court
of Imv llr equity.
Ilcnrsay may be used to explain or supplement other evidencc in
this 1ll,ltter. but by itselCit is not sufJicient to support a finding in this or
(lilY other case unless it would be admissible over objection in civil
Page 65
M(!C~ J ~08 A
co Ul't.
The standard of proof in these types of cases, although not
ncccssmily in this onc. wherein the respondent may lose his privileges
lo pmctice his profession is that the evidence presented by the
complainant must prove the complaint's case in a clear and convincing
manner.
This burden of proof on the complainant is a larger burden than
the preponderance of the evidence standard set for normal civil cases.
Thai is the standard spccilically for where a license may bc taken away
ami a person has the ability to practice thcir profcssion taken away.
Thc standard of proof for other matters is still thc preponderance
o I' evidence standard.
These standards in evidcnce are to be weighed solely as to the
eh,lrgcs set out in complaint as Ordinance 90-105, Section 4.2.2 of the
Collier County Code ofOrclinances; to wit, willfully violating the
applicable building codes 01' laws orthe state, city or Collier County.
In order to support a tinding that the respondent is in violation of
till' ordinancc. the board must Jlnd facts that show that the violations
were ,lclually committed by thc respondent.
The lllets also must show to a clear and convincing standard thc
legal conclusion that the respondent was in violation ofthe rclevant
section of the ordinance.
These charges arc the only ones that the board may decide upon --
this chal'ge actually in this casc is the only one that the board may
decide upon, as this is the only one to which the rcspondent has had the
opportunity to preparc a defense.
/\nd the damagcs ifany that are awarded must be dircctly related
to [hose charges and may not be for matters not related.
The decision made by this board shall be stated orally at this
hccll'ing and is effective upon being read by the board.
Thc respondent, if he is found in violation, has certain appeal
rights to this board: A rehearing, the cOUlis and the State Construction
Paoe 66
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March 1<), 2008
11ll11lstr) Licensing Board. as set out in Collier County ordinances and
thl' Itorid,l statutes and rules.
I f the board is unable to issue a decision immediately following
till' hearing because of questions of law or other matters that of such ,]
Il<I[lIl'e that a decision may not be made at this hearing, the board may
\vilhllllld its decision until a subsequent meeting.
I ill' board shall vote based upon the evidence presented on all
al'i.'as. and if it Jinds the respondent in violation, adopt the
admillislrative complaint.
Ihc board shall also makelindings of fact and conclusions of law
in support of the charges set out in the administrative complaint.
And now you proceed on the violations.
MR. JOSLIN: Should wc,just for the reeord--
fvllt NEALE: Oh, yeah. one thing that Mr. Zachary makes a good
point. Compositc Exhibit;\ has not yet been moved into --
MR. JOSLIN: Right.
i'vlR. NEALE:: -- evidence. so you need to do that.
ivlR. JOSLIN: I'll make a motion that we put composite Exhibit A
(',!Sl' No. 20m~-03 into evidence on the testimony and information
given thlTeor
CIIAIRMAN DICKSON: I second.
1\11 those in nlvor'?
1\111\. JOSLIN: Ave.
rvlR. BOYD: Aye.
C1IAIRMAN DICKSON: Aye.
iVI!{. L YKOS: Aye.
MI\. IIERRIMAN: Aye.
J'vl!{. f lORN: Ave.
C1IAIRMAN DICKSON: Done.
MR. JOSLIN: Now you can --
('lIAIRMAN DICKSON: The biggest thing I had explained to me
Olle time. preponderance of evidence. Preponderance of evidence is
Page 67
Mat~ l~JOO~
50.l percent of the evidence. Whereas clear and convincing is what, 75
or ~O'!
l'vlR. NEALE: It's on n
CHAIRMAN DICKSON: Legal is beyond a shadow ofa doubt.
MR. NEALE: Beyond a reasonable doubt is criminal.
CHAIRMAN DICKSON: And that's criminal, and that's when the
f.!,love didn't lit 0..1., he walked.
L
So all we have to have is 50.1 percent on this board. Because we're
a preponderance of evidence. And it's quasi judicial to start with.
So do I hear a motion on the charge?
1'v1R. JOSLIN: I'll make a motion. I'll make a motion that we find
I\obcrt M. Albertsen. (lib/a Robert M. Albertsen, Inc., in Case No.
2001S-0J guilty of count one. 4.2.2, willfully violating the applicable
huilding codes or laws of the state, city, or Collier County.
CIIAIRMAN DICKSON: Do I hear a second?
f\1R. HERRIMAN: Second, Herriman.
C1IAIRMAN DICKSON: Discussion?
(No response.)
CIIAIRMAN DICKSON: All those in favor?
MR. JOSLIN: Aye.
rvlR. BOYD: Aye.
C1IAIRMAN DICKSON: Aye.
MR. LYKOS: Aye.
MR. HERRIMAN: Aye.
MR. HORN: Aye.
CIIAIRMAN DICKSON: Done.
County. what's your recommendation for sanctions? And bear in mind
sUite licl'nse. And then I'll gO to Pat.
L
tvl R. JACKSON: The recommendation of the county is the
SLlsjll'llsion or revocation of the permit-pulling privileges for Robert
/\ I bertsen, and Jorwarding to the state.
CllAIf~MAN DICKSON: Forward to the state with what recom--
Page 68
do we do a recommendation to the state?
MR. NEALE: In this one it does need to have a recommendation
to thc state. But actually in these cases there's two things that happen:
You makc a recommendation to the state but also the state is notified by
!vlr. Ossorio's officc and my oJlice both within 15 days of the date of
this heming that permit-pulling privileges have been revoked for this
contractor.
CHAIRMAN DICKSON: Can -- we don't do this this otten. and
that's \\hy -- because we don't otten deal with state licenses. But can we
not expound on these recommendations? I want restitution. There's a
bunch ol'things I would like to pursue in that recommendation to the
stale.
MR. NEALE: Well, really, unfortunately for the board there's
ITcllly only three areas that the board can recommend on. Particularly in
this case. because you haven't had -- haven't taken evidence as to
restitution or what it would cost.
But in general, there's only three recommendations that the board
may nHlke: No fllliher action; a recommendation of suspension,
rcvocation or restriction of the license; or a fine to be levied by the state
board.
CHAIRMAN DICKSON: Okay.
MR. NEALE: Andjust do the quick recommendation on sanctions
hcrc?
CI IAIRMAN DICKSON: Yes, sir.
l'vllt NEALE: Since he's been found in violation ofthe Collier
Countv ordinance, the board has to decide on the sanctions to be
.
imposed.l'hese sanctions are set out in the Collier County Ordinances.
Ami since he's a state certified contractor the only sanction which may
bc imposed is the denial of the issuance of permits.
In considering what sanction to impose or how to impose the
snllctioll, the board considers the gravity of the violation, the impact of
the vioi;ltion on the comllllmity, any actions taken by the violators to
March 19.2008
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March 19,2008
correct the violation, previous violations committed, and any other
evidence presented at the hearing by the parties that's relevant as to the
sanction that's appropriate for the case, given the nature of the
complaint.
CHAIRMAN DICKSON: One more question. Can we deny
permit-pulling privileges until he appears before this board again?
MR. NEALE: You can deny permit-pulling privileges forever. It's
the board's prerogative.
CIIAIRMAN DICKSON: That's how r get my--
MR. HORN: Question, Mr. Chair. Would we be able to suggest
thl~ line in the amount of 15,302, which was the cost to the homeowner,
to the state and ask them to consider repaying to the homeowner?
CHAIRMAN DICKSON: Yeah, that's what I was trying to get in
there.
OJ'course the state's pretty tough. But I would like to see what the
s(dle docs before we give him permit privileges back in Collier.
IVIR. NEALE: Well, if the board denies permit-pulling privileges
for him with -- for an open-ended period, they're gone,
CHAIRMAN DICKSON: Because if they suffer money loss, I
don't want him back in this county. Do you guys agree?
MR. JOSLIN: Sure. Let's say, though, hypothetically, what ifhe--
obviously he's going to get notitication ot'this meeting and what's going
to happen.
rvIR. NEALE: The only way the board really could make a
recommendation to the state of restitution, and this is the only way I can
think of it, is it can't be part of the formal order that gets transmitted to
thc state. Because those are constrained by statute.
But certainly the board chair could write to the State Construction
Industry Licensing Board with the support of the board a separate lettcr
\vhich could be used as evidence at the state hearing that this board h,lS
-- \vould recommend to the board independently, not as part of the
order, that restitution be paid to these people,
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March 19,2008
CHAIRMAN DICKSON: I'd be glad to do that. It would mean.
1\11'. DITWS, you would need to contact another screen enclosure
company to find out what it's going to take to get a permit pulled and
get that thing up to code so that I have an exact cost of what kind of
money you're going to be out. And then I will gladly write a letter to the
slntc to try to make sure you get that money.
MR. DREWS: Thank you.
MR. JOSLIN: I would also say probably maybe rather than just
one quote th1m a screen company, maybe you ought to get three. Just
thnt way there's no partiality.
C1IAIRMAN DICKSON: Yeah, but that's a burden, isn't it?
r'v1R. JOSLIN: I know. But if you're going to go before somcone to
do that, then they're going to want proofthat--
CI IAIRMAN DICKSON: I know of two good ones, I don't know
of a third one.
MR. OSSORIO: Mr. Dickson, can I just elaborate real quick --
CHAIRMAN DICKSON: Yes, sir.
1\1R. OSSORIO: -- before we get off track here?
lypically what happens is, is that Mr. Neale's absolutely correct.
we will send a correspondence to the state licensing attorney. They will
opcn up their own investigation. They will do exactly what Ian Jackson
did. contact this homeowner, Jind out the particulars, and they will have
their own finding. They'll uphold our finding of fact and elaboratc on
their ovvn Jinding of lact.
And then at that particular time -- they're certified mediators, you
know. Ian Jackson's a mediator as well, and they will -- the people from
Fort Mvers will come down and wc'll talk to them and find out what's it
going to cost to go ahead and satisly the issues.
At that time the State Licensing Board will issue a tinding. And
then niter that Jinding this gentleman, or whoever it might be, will go to
what you call the construction industry recovery fund, and he will do
that separately. But that's going to take a long period of time.
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Mar~h~ ci 408 A
CIIAIRMAN DICKSON: Oh, he is tier one, isn't he?
rvlR. OSSORIO: Yes, he is.
CHAIRMAN DICKSON: But that's only have they exhaust civil
remedies.
MR. OSSORIO: Yes. But I don't want you to step on the
investigator's ability to go ahead. This is going to be a long process.
And the investigator from Fort Myers will make contact with the
individual and they will come to the conclusion of what needs to be
done. what happened, what the partieulars are, and they will do their
o\\n independent investigation as well.
The only thing we're looking at for today is to --
housekeeping-wise is that yes, A, he's a state certified contractor: B, he
violated the code; and C. what are we going to do about it? Let's pull
his building privileges until he rectifies the issues need be with the
state. That's what the county is looking for.
Anything above that, if you want to send a letter to the state -- but
I (',mtel! you. the state's going to do their own thing. And if you know
anything about the state level, things get lost and misplaced or they
might not understand what you're trying to do.
CHAIRMAN DICKSON: I understand. I've been involved with
the State Licensing Board, so I fully understand. I really don't want to
comlllcnt any further than that.
['m going to make a motion. We finished with -- we're ready for
s,lIlctions. aren't we?
MR. JOSLIN: Yes.
C! IAIRMAN DICKSON: I'm going one step past you, Mr.
()ssnrio. Mr. Drews?
MR. DREWS: Could I ask a question?
CI !AII~MAN DICKSON: Yes, sir.
r\lrR. DREWS: What ifaJler this goes through and Mr. Albertsen
gcts (his complaint against him, ifhe says can I come back and correct
thc problem? Will you allow him to do that or--
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Jl>c,J Il20A
CHAIRMAN DICKSON: No, because he will not be able to pull a
perm i t --
MR. DREWS: Okay.
CIIAIRMAN DICKSON: -- when we finish today. He can't
correct it without a permit.
MR. DREWS: Okay, thank you.
[VlR. JOSLIN: Is that something that you would want?
MR. DREWS: Not really. Because--
MR. JOSLIN: Enough said.
MR. DREWS: -- there's too many mistakes made on the cage.
rVIR. JOSLIN: Exactly, okay.
CHAIRMAN DICKSON: I'd like to make a motion in Collier
County Commissioners versus Robert M. Albertsen, d/b/a Robert M.
Albertsen, Incorporated, Case No. 2008-03, County Licensc No. 28542,
sUlk certified licensc number CBC-125-1602, that in the order of
snnctions that all permit-pulling privileges in Collier County be
suspended until at such time Mr. Albelisen reappears before this board.
MR. JOSLIN: And that hc be referred to --
CHAIRMAN DICKSON: Oh, and that recommendation be scnt to
state to take immediate action as they deem necessary.
MR. JOSLIN: Second the motion, Joslin.
CI IAIRMAN DICKSON: Discussion?
i\1R. I IERRIMAN: Does that read that he eould get his permit
pri vi leges back if he appears bcfore the board?
MR. NEALE: I think it should be that his permit-pulling privileges
are suspended until he appears before the board and the board makes a
limling to reinstatc his pcrmit-pulling privileges.
Cl IAIRMAN DICKSON: Good point, yeah. He could come in
,me! .i ust wai ve, right?
Would you -- Cherie', would you make that changc? So amended.
MI\. JOSLIN: I'll so amend the motion.
CI IAIRMAN DICKSON: Discussion?
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March 19, 2008
(No response.)
MR. HERRIMAN: Question: We cannot put a fine on this; is that
right. M r. Neale?
MR. NEALE: No, you cannot.
fvlR. HERRIMAN: No fine, okay.
CI IAIRMAN DICKSON: Call for the vote. All those in favor?
MR. JOSLIN: Aye.
MR. BOYD: Aye.
CHAIRMAN DICKSON: Aye.
MR. LYKOS: Aye.
MR. HERRIMAN: Aye.
MR. HORN: Aye.
CHAIRMAN DICKSON: Opposed?
(No response.)
CHAIRMAN DICKSON: Legalese work.
1\11'. Ossorio, it just -- it pretty well sends a message. This board is
sick and tired of these screen enclosure contractors and what's taken
place in this county. And I'm not talking about the good guys. The good
guys arc not here. But it's got to stop.
MR. JOSLIN: 'The sad part about this whole thing is we're not
talking about a screen enclosure company, we're talking about someone
that has a different license too, isn't it?
CHAIRMAN DICKSON: Yeah, it's just --
MR. JOSLIN: Doesn't he have a GC license? He's got a--
C'HAIRMAN DICKSON: Board of Collier County
Commissioners, petitioner, versus Robert M. Albertsen, d/b/a Robert
rv1. Albertsen, Incorporated. Case No. 2008-03, License No. Collier
County 2~544, State CertiJied License C8C-125-1602.
Cause came before public hearing before the Contractor Licensing
130ard on March 19th, 2008 for the complaint tiled against Robert M.
/\Iberlsen. Service oCthe complaint was made by certified mail in
accordance with Collier County Ordinance No. 90-105, as amended.
Page 74
Mt6 <<9,100.
The board having heard testimony under oath received evidence
and heard arguments respective to all appropriate matters thereupon
issues its lindings of fact, conclusions of law and order ofthe board.
Finding of f~lCt: One, that Robert M. Albelisen is the holder of
CBC-125160 and Collier County License No. 28542.
Number two, that the Board of Collier County Commissioncrs is
thc complainant in this matter.
That thc board had -- number three, has jurisdiction ofthis person
were the respondent. And that Robert M. Albertsen was not present at
the public hearings and was not represented by counsel.
Number four, all notices required by Collier County Ordinance
No. 90-105 as amended have been properly issued.
And number five, the allegations of fact as set forth in the
administrative complaint are approved, adopted and incorporated herein
bv references.
Finding ofh1Ct.
Conclusion of law: One, the conclusions of law alleged as set forth
ill the administrative complaint are approved, adopted and incorporated
herein.
That count number one, 4.2.2, he willfully violated the applicable
building codes or laws of the state, city or Collier County.
Ordcr ofthe board. Based upon the foregoing findings offact and
conclusions of law, pursuant to the authority granted in Chapter 489,
Florida State Statutes, and Collier County Ordinance 90-105, as
amended. by a vote of six in favor and zero opposed hereby order that
the jc)lIowing disciplinary sanction and related order arc hcreby
illlposedupon the holder ofCollicr County Certificate of Competency
number -- or the county's No. 28542 and State Certified License
CBC-125-1602, that: One, this contractor be denied all permit-pulling
privileges in Collicr County until at such time he appears before this
board. And -- what do we say, satisfies what? How did you word that?
MR. NEALE: Really, and that the board makes a finding that his
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privileges may be reinstated.
CHAIRMAN DICKSON: And that the board makes a finding that
his privileges be reinstated at that time.
N umber two, recommended to the State of Florida for them to take
immcdiate appropriate action on his state certified license.
Case is hereby closed.
rvlr. and Mrs. Drews, I hope this works out for you. We will do
evcrything in our effort to help you. So we thank you for your time.
At least he won't be working in Collier County for a while. At least
till you're takcn care of We wish you well.
MR. DREWS: Thanks again.
Cnse No. 2008-03 -- oh, 02, excuse me. Douglas Harsanyi d/b/a
CD. thnt's C as in Charlie. D as in David -- Pool Systems, Incorporated.
Mr. Harsanyi is not present in this room. Who will be presenting
the cnse'?
1\1R. OSSORIO: Mr. Chairman, Michael Ossorio, Collier County
Contractor Licensing Supervisor.
CHAIRMAN DICKSON: Yes, sir.
MR. OSSORIO: It's a pleasure.
(Speaker was duly sworn.)
CI IAIRMAN DICKSON: Let's introduce the packet. okay?
IVlR. OSSORIO: Excellent.
MR. JOSLIN: I make a motion to introduce composite Exhibit A
in Casc No. 2008-02 into evidence.
CI IAIRMAN DICKSON: Second, somebody?
I'vm. LYKOS: Second.
CIIAIRMAN DICKSON: All those in favor?
MR. JOSLIN: Avc.
.
MR. BOYD: Aye.
C1IAIRMAN DICKSON: Aye.
rvm. L YKOS: Ayc.
MR. HERRIMAN: Aye.
Page 76
Ja6h 'I ct 20qt
MR. I-lORN: Aye.
CllAIRMAN DICKSON: Mr. Ossorio, we're all ears.
[\.1 R. OSSORIO: Thank you, Mr. Chairman. For the record again.
i'/Iike Ossorio, Collier County Contractor Licensing Supervisor.
This complaint is actually a complaint by our office, the contractor
licensing otlice, through the office ofthe building review and
permitting office.
I t's come to our attention that there's unfortunately a lot of
contractors out there that are pulling permits and not getting their finals
or not getting them completed.
LJnder the statute of Florida Building Code 105, it tells you that
YOLl have to get a final e.0. being completed or the building official can
make that structure be removed.
With that said, this particular contractor, CD Pools, Mr. I-Iarsanyi,
we did notify him three times; two in December and one in February by
certi ficd mai I.
/\nd I direct you to the exhibit on page -- Exhibit E-4. We sent that
to 17050.
And we also took a step further, we sent it to his personal address.
!\nd I got that through the City of Lee County (sic) and the City of I
believe -- I want to say Marco Island or I want to say Sanibel, I'm not
sLII'e wh ieh one it is.
But I did receive information from the City of Lee County
rekreneing the same issues they were having with CD Pools and the
qlJ{llificr noted.
r have went through the web pages, I went through the state
records. I've called 4-] -], I did the Internet search. We looked for this
gl'11l!eman Cor many months. And not one phone call, not returned
phone call, not even a signed green carel. We sent him certified letter
(]m! it got returned unclaimed.
L
With that said, the licensing department and the building review
permitting department, we still have to conduct business and we still
Page 77
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~'1~91200A
have to go ahead and provide service to these homeowners who have an
open building permit on their address.
This particular gentleman, Mr. Harsanyi, registered his state
license with us on March 24th, 2005. He's pulled two building permits.
And orthose two building permits, you're going to hear testimony today
th,lt those building permits have been canceled or been with no activity,
so they've been canceled or they're inactive and they need to be reactive.
Ane! we can elaborate on that. We have the permitting supervisor here
to talk to you about building permits, if you have any questions about
permits and about closing of permits and how do -- what does a
contractor need to do, he or she need to do to go ahead and reapp.
CIIAIRMAN DICKSON: Was work done?
MR. OSSORIO: Work has been completed.
With your indulgence, if there is a finding of fact pertaining to this
p<lrticul<lr contractor, if you do find him in violation 01'4.2.2, which is
viol<lting the Florida Building Code 105 for not closing on his building
permits, we will notify the individual homeowners to let them know
th,lt this contractor did not fulfill he or she -- the contract of completing
thc pools.
And to the building department end, our position is, is that when a
contractor pulls a building permit he's obligated to obtain a C.O. saying
that yes. it is all in compliance with the code. And it's our obligation to
notilv these homeowners. And which we will do. And we have donc
th,lt in the past. If we find him in violation of 4.2.2, we'll notily these
homeowners and thcy will get an owner/buildcr or gct a new contractor
to linish the work.
And if Mr. Harsanyi comes forward in the next couple of months
and wishes to go ahead and petition the board for reinstatcment of
building permit privileges, that would be tine with our officc as well.
We're looking for compliance.
lie is not a tier onc contractor, so thcrefore there would be no st<ltc
rl'stitution through thc rccovery fund. I-Ie's a state cC11ificd pool
Page 78
MarJ 0, hO}8 A
contractor and they took that ability a couple of years ago.
And that is my opening statement.
C1IAII~MAN DICKSON: I just have a question of you. Of all the
contractors -- of all the permits that you went through and people hadn't
pulled C.O.'s, isn't it just a few that didn't come in and clear up their
rl'Cords'?
MR. JOSLIN: No.
CIIAIRMAN DICKSON: Or is it substantial?
MR. OSSORIO: What I can tell you is that I know that through
Bob Dunn's office that he's pretty well made it pretty clear that he wants
us (0 go through a]1 the records.
I\nd I don't know if you're familiar or not, but there's -- I would
SdY thrce. 400 contractors that we've been notifying. And most of them
have been working with them. And each investigator has their own
numbers of who they contact. Unfortunately I am not shielded JI'om that
as well. since we are pretty well short-staffed. I do investigations, and I
also call contractors of permit issues as well.
And it just so happened that this particular one fell on my desk,
and I'm taking care of it. For the record, you might see others as well.
st,lte certified, whatevcr it might be, or ticI' one contractors or specialty
contractors.
CIIAIRMAN DICKSON: I'm getting phone calls which I rcally
don't like getting.
MR. OSSORIO: Yes, I know. You and I have talked about that.
CllAIRMAN DICKSON: But I'm telling them they don't want to
come berore this board, get their checkbook out.
MR. OSSORIO: And to elaborate on that, but we did -- aliI' office
did Wl extensivc scarch trying to find this qualifier. We went way above
,1I1d beyond. and I want to make sure that is clear on the record, that we
sent cCTlilied letters to his address, noted through the DDBR website.
We ,llso round out where he's actually living, and he refused for that as
\Veil.
Page 79
16' 1 A March 19.2008
CllAIRMAN DICKSON: I think this guy's appeared before this
board. I recognize him.
L
MR. OSSORIO: He very well might have. I'm not sure.
MR. JOSLIN: I don't think so. I've been on this board too many
years, long before he had his license. I'm a pool contractor also, and I've
never seen him before the board. Although I know the man personally.
MR. L YKOS: Michael, what's going to happen with these two
projeets'!T'he pools arc done. What does the homeowner have to do to
get the --
f\1R. OSSORIO: Well, after reviewing with the supervisor for the
building review and permitting, it appears that there's some issues with
some final inspections and also some landscaping issues. And I don't
know il'there's any life safety issues on this paliicular item, but we try
(0 be consistent how we conduct business. And a building permit needs
to be closed off for these homeowners' sake, just for insurance purposes
or n,)r peace of mind.
So I guess it wouldn't make a difference where they were in the
building permit process, but these homeowners are going to have to
comc !<mvarcl in the next couple of weeks and reapp. for these building
permits. so that's the first step.
MR. LYKOS: They have to reapply and then get the final
inspections. get the e.0. inspection and then their permit can be closed
down, right'!
MR. OSSORIO: That's correct. And the good thing about today is
that we do lecture. We have Alamar Finnegan here. She's the supervisor
Il)r building and permitting. And we don't get that olten here, so she's
here to Wlswer any of your questions pertaining to building permits --
MR. JOSLIN: Would you be so kind--
]''/lR. OSSORIO: -- so with that, I'd like to go ahead and introduce
you to Mrs. Finnegan.
CHAIRMAN DICKSON: Come on down.
(Jood morning, Ms. Finnegan. I need to have you state your name
Page 80
M,1c61~.1()08A
ami I'll have you sworn in.
MS. FINNECiAN: Good morning. My name is Alamar Finnegan.
permitting supervisor for Collier County.
MR. JOSLIN: A little closer to the mil'. There you go.
MR. OSSORIO: With that. Mr. Chairman, I'd like to go ahead --
CIIAIRMAN DICKSON: Let me have her sworn in.
(Speaker was duly sworn.)
rvIR. OSSORIO: With that, Mr. Chairman. I'd like to go ahead and
w;ks l'vlrs. Finneganjust a couple questions pertaining to her
qua Ii Ii cations.
Mrs. Finnegan, how long have you worked for Collier County
goverllment?
[ViS. FINNEGAN: Twenty-five years.
MR. OSSORIO: And how long have you worked as the permitting
supervisor in the building review and permitting?
i\ilS. FINNECJAN: Approximately six and a half years.
1\1/{. OSSORIO: And so with that, Mr. Chairman, I'd like to go
,r11 l'(l(! and let the record reflect that I believe that she is an expert in
permitting and the re-apping process.
CllAIRMAN DICKSON: I pull permits, I'm not going to disagree
with her.
[vIR. OSSORIO: And if you did disagree, then we would have to
[,lIk ,lner the meeting, probably.
[\/1S. FINNEGAN: Any questions or--
ivlR. OSSORIO: Mrs. Finnegan, on these building permits here, if
you h,lve your case in IhJl1t of you, you ean look at Exhibit No.6 and
1..\l1ibit No.8.
Cml you elaborate a little bit about these building permits and the
stdlllS orthese building permits relating to Building Code 105?
MS. FINNECiAN: Permit No. 2006-032989, there arc outstanclinQ
L
kcs on this permit. And also the only thing that this permit lacks is a
spot survey. There arc no life issues. And site drainage.
Page 81
J~ '9Looj
So that permit can be closed out with just a spot survey. But spot
surveys of course cost like three or $400, and that's -- the customer's
going to end up having to pay for that, for the spot survey. Spot survey
just vcrities setbacks and makes sure that the pool is placed in thc
correct location.
MR. OSSORIO: And Mrs. Finnegan, what happens with a spot
survey ifit comes back and it's a violation of the setbacks? The
homeowner's going to have to go ahead and rectify that through the
v~lriance process; am I correct?
f'v1S. FINNEGAN: That's correct.
MR. OSSORIO: So there is potential for some issues pertaining to
~1 spot survcy, meaning encroachment or setback issues.
CHAIRMAN DICKSON: Just a quick question. In my experience
you didn't allow any other inspections to go forward without the spot
survey. What happened here?
MS. FINNEGAN: Yeah, at one time -- well, I think those are like
!()r -- if I'm right, Bob, you may want to answer this. But I think that's
like structural, like for when footers -- after the footer was poured. I
think you have 10 days to provide the spot survey.
In these accessories, like with the pools and stufl~ they wait till
you're at the final and you can't get a CO-2, you get the spot survey.
I n this case it's because it's a screen and the pool. Normally you have
the screen contractor that will provide the spot survey for the pool and
the screen.
And so like this contractor was waiting for probably the screen
contractor. There's an agreernent that they make that he'll provide the
spot survey. And in this one we could just -- we could issue a CO. ifhe
p"id his fees and provide us with a spot survey. We wouldn't even need
to rcapp. it in this one.
CHAIRMAN DICKSON: Okay.
MR. OSSORIO: And exhibit No.8?
MS. FINNEGAN: Okay, the only thing needed on this Permit No.
Page 82
16 I larcA 19,2008
2005-093313 are fees paid. If this contractor pays his fees -- there was a
spot survey provided on this one. He just needs to pay his fees on this
one {lnd we ean issue a e.O.
MR. JOSLIN: I believe --let mejust inte~ject here for a moment.
i C we C,1I1.
1\lamar, I know that probably, oh, maybe three or four months ago
you and I had a relatively nice conversation in your ollice, and through
that conversation I was kind of amazed at the way you carried out how
you're going to get all these items handled in a nice way.
And in turn, there were a lot ofthe fees that were waived, like
some oCthe reapp. fees that weren't going to be charged to all these
contractors that had outstanding permits. Especially in the pool
industry, whieh I'm affiliated with.
I really can't believe that someone hasn't acted on your kindness to
come in and take care ofthese items without having to go through the
whole reapplication process. That can get relatively difficult, it can get
expensive. And in some cases a lot ofthese permits that are very old
t)wt still have not been e.O.'d would be very difficult to try to go
through all those motions to try to get it all handled, because sometimes
the people aren't in the same home, sometimes they have sold,
sometimes they have passed away, and there's many, many reasons
why.
So in defense of you handling all this, I think you're absolutely
correct, I think any contractor with any outstanding permits or open
pcrmits should be able to come in and pay the fees that are due. They
did thcjob. They basically l~liled the inspections and have to pay these
reinspect ion fees and get the surveys.
The surveys is a question I have, because in some cases, even
whcn I contract, I allow -- I get a survey that the homeowner provides
me on the initial start ofa swimming pool, or installation. Because they
own the home. They've gotten a survey when they originally got the
home.
Paae 83
b
Marcl ft>, lols A
In most cases I put that in their hands to get me a final spot survey
II'om possibly the same survey company. Or if they want me to, I can
provide that for them. But in most cases most homeowners will provide
their own spot survey and result.
So in some ways I think the spot survey falls more upon the
homcowner, more so than the contractor, even though it is on our
permit ,1pplication and all ofthe inspection processes. How do you
know reel about this?
MS. FINNEGAN: You're correct, the ultimate responsibility f~llls
on the homeowner. You have -- and we're having that problem now
where homeowners were at the mercy of either the pool contractor or
the screen -- or they assumed that they were going to take that
responsibility, and that subcontractor didn't, so the ultimately
responsibility fell back on the owner. And that's sad.
But in order to close those permits, you know, we have to have a
spot su rvey . We hate to see that those permits weren't closed out, then
later they have an issue with selling the property and then have variance
Issues.
So, I mean, that's not fair to the owner, but that's an agreement a
lot of times the screen, the pool contractors make with the owners.
MR. JOSLiN: Right. Would it be safe to say that they're not.iust
pools. I mean, as nlr as -- we're dealing with a pool contractor here, but
there ,1re a lot of other outstanding permits from other sections ofthc
building industry, right?
MS. FINNEGAN: Oh, you're correct. We have, like Mike said,
probably three or 400. We're having -- right now we're dealing with a
couple of i\C contractors. You cannot believe how much money thcy
oYVe us.
But we're doing the best we can. We had to go back 1995 to start
th is. you know. And we're going to a new software, so we have to havc
:.lilthis cleancd up. And we're really working on it.
It's hard for us, but we're doing what -- we're not making
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Ma16l1, :p08 A
everybody -- old fees, I mean, why -- we're not asking you to reapp.,
wc're asking you to pay those fees. I mean, that's not fair to the
contractor, nor is it f~1ir to the owner. Let's just, you know, pay the fees
and you're good.
MR. JOSLIN: Sure.
MS. FINNEGAN: You know, we close those. And we're working.
I mcan. I'm really trying to work with all the subs, all the contractors in
trying to get all those permits closed out, iff can.
f'viR. JOSLIN: I understand totally.
MR. L YKOS: So we've got two issues here: One is with the
contractor who didn't fulfill his responsibilities according to the code.
And the other is you'vc got some permits that need to be closcd out.
!\nd it looks like from these that ifthc homeownerjust pays thc fees,
onc of them has to get a spot survey, they can get their permits closed
out and they're done. What we really need to deal with is the contractor
didn't close out his permits.
MR. OSSORIO: That is correct. There's actually only one issue.
W c're not asking for the board for any kind of restitution or for a
monetary tine. We're only asking for this contractor to pull his building
permit privileges to such time that he satisfies the needs ofthese
h olllcowners.
Obviously under 4.2.2 it is a code violation if you don't close out
your building permits and that established by the Florida Building Code
105.
And so we're looking for a tinding from this licensing board and to
rcaflirm -- for upcoming months to reaffirm these contractors who arc
watching on TV today that the board has made a stance that yes. if you
contract with a homeowner of Collier County, City of Naples or Marco
Island. it's your obligation to get a final e.o. And to do that is A you
have (0 pay your fees, but we're not talking about fees today, because
lees will come when you get a e.O.
So the numbers, it could be one, it could be 20, it could be 800.
Page 85
1 ~trl ] 9Ao08
That's not what we're here today. It's that we made every opportunity to
this contractor. We've sent him certilied letter, we went through the web
pagcs. we notified Lee County. And this contractor doesn't respect this
licensing board or the licensing office that's saying you know what, we
have to close out these building permits for Collier County.
And that is a willful code violation. We gave this contractor ample
time through the code. we gave him20 days to go ahead and rectify this
issue. And yeah, it's minor, it's only two building permits. But you
might see something in the future with 20 or 30. And maybe it's not a
spot survey, but I can tell you I)'om experience as a licensing -- the
licensing oflicial and the licensing supervisor that that seems to be all
the issues sometimes. Those spot surveys, those contractors won't call
those in due to the fact that they know it's going to bridge -- it's going to
have a setback issue. And that's when we get those issues. I'm sure it's
not going to be this particular case. I'm not sure.
But we need to be consistent how we conduct our business and be
consistent when we deal with the State of Florida when we notify them
about 4.2.2 of the Florida Building Code or our Ordinance 2006-41
tells us that he violated the code; we gave him time to do so.
CHAIRMAN DICKSON: It's part of our license. You don't need
to sit there and justify what you're doing. It's part of our license. If I pull
(] permit as a licensed contractor, I have to close that permit and get a
CO.
MR. LYKOS: Yep.
CIIAIRMAN DICKSON: So what's the difficulty here? If you
don't do it then you're not per1~m11ing your obligations as a contractor.
I\nd iryou still refuse to do it, then you shouldn't have privileges ora
contractor.
MR. JOSLIN: Also under this particular case, Mr. l-Iarsanyi, I
think we're going to find that he was given total ample time. And ifhe's
not willing to accept the fact of being -- to answer the call when he's
1"ll'Cn notified physically, then obviously he doesn't care. And these arc
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Mal'611' fOS A
the contractors that we want to stop.
Because I'm sure that the building department is willing to work
with anyone that say doesn't have the money at the moment or all the
money to pay all of these. But I'm sure they're willing to work out some
way to repay the amounts of certain ones at a time period where it's
acceptable to the county to allow them to continue to work.
But lIndcr this circumstance, it seems like this man just doesn't care.
CHAIRMAN DICKSON: No, and they'll be sorry they didn't take
(ldvantage of the easy way out.
MR. .JOSLIN: Exactly, yeah.
CHAIRMAN DICKSON: Any other discussion?
MR. OSSORIO: No, I think I've said my piece.
MR. NEALE: I'd just like to clarify one thing for the record.
CHAIRMAN DICKSON: Mr. Neale?
MR. NEALE: Is this contractor a state certified contractor?
CHAIRMAN DICKSON: Yes. I hear a motion on the charge?
MR. .JOSLIN: I'll make a motion.
I'll make a motion that in the case of Board of County
Commissioners versus Douglas Harsanyi in Case No. 2008-02, that he
be Itlll11d guilty on COllnt I 01'4.2.2, willfully violating the applicable
building codcs or laws of the state, city or Collier County.
CI'An~MAN DICKSON: May I have a second?
MR. BOYD: Second.
CI IAIRMAN DICKSON: All those in favor?
MR. .JOSLIN: Aye.
MR. BOYD: Aye.
CHAIRMAN DICKSON: Aye.
i'v1R. LYKOS: Ave.
.
f\/IR. HERRIMAN: Aye.
MR. HORN: Aye.
CHAIRMAN DICKSON: So this case, in effort for brevity here,
there's no difference in this case than the last one you heard. So the
Page S7
"_,. d"_'_"'__~___"_"_~",,,,,",,_,_,,
~~l h 91200A
S,1IT1C things apply. same restrictions apply.
Wc can only deny permit-pulling privileges, and a
rccommcndation to the state. I assume the recommendation to the state
is to take appropriate action just like before.
So who wants to do that one?
(No response.)
CHAIRMAN DICKSON: I'll do it, I don't care.
MR. JOSLIN: I'll do it, I was waiting for somebody else.
CHAIRMAN DICKSON: I move that same case, Harsanyi, dah,
dah. dah. dah. dah, you got all that.
That the following sanctions be hereby imposed: That
pCl'lnit-pulling privileges in Collier County hereby are suspended until
(It such time these two cases have been properly cleared and C.O.'s have
bccn issued for both permits, and the homeowners have suffered no
linancialloss. If that does not happen within a -- well, I can't do th(lt.
Ok2lY. So period, period.
Mr. Neale. should I go further? That's about all I can do, isn't it?
MR. NEALE: That pretty much puts a bow on it.
CIIAIRMAN DICKSON: Number two, that this case be rcJcrred
to the state to take appropriate action as they deem necessary.
MR. JOSLIN: I'll second that motion.
CHAIRMAN DICKSON: Discussion?
(No response.)
CIIAIRMAN DICKSON: All those in favor?
fvIR. JOSLIN: Aye.
MR. BOYD: Aye.
CI IAIRMAN DICKSON: Aye.
MR. LYKOS: Aye.
iVIR. HERRIMAN: Aye.
rVIR. HORN: Aye.
CHAIRMAN DICKSON: Opposed?
(No response.)
Page 88
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Marll~ha08 A
CHAIRMAN DICKSON: Can I do the same thing on reading this
again, Mr. Neale? Can I say just like I said before, but insert these
n um bel's?
MR. NEALE: Yeah.
CHAIRMAN DICKSON: Okay. Just like I did before in thc
prcvious case, change the numbers.
You can do this, can't you. Cherie'?
TI IE COURT REPORTER: I only write what you say.
MR. NEALE: But when I write the orders, I will.
CIIAIRMAN DICKSON: Okay. We did do administrative
complaint -- or order of the board, findings of fact. And Mr. Ncale will
type it up. just as we did on the previous one.
Thank you, Mr. Neale.
Next case. We're done. aren't we? Except now you want to talk
about the license fee increasc statement?
MR. JOSLIN: Yes, real quick.
This has to do with not too many items, but one in particular that
has come to my attention, anyway.
"rwo or three months ago, looks like on the 16th of MayoI' '07. we
come (sic) up with an order which was given to the Board of
Commissioncrs which was signed off by them and approved increasing
thc Ices that we charge -- or that stalTeharges for contractor licensing
llTs. In which case was approvcd, the increases were approved.
/\nd the question that I have was when this was done, we did this
during this bad time of the contracting industry at the momcnt, only so
that wc could hopefully recover this money and these dollars to be able
to provide service to the residents of Collier County with our
Cll f'orecment department.
/\Ild seeings as how that Mr. Bartoe is lucky enough to have been
,Ihle to retire {i'om his duties, I have found out, I gucss through the
gmpevinc and through watching the public television, that they're not
going to have any opportunity to replace this man, which is going to
Paoe 89
b
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leave in a sense our licensing investigation department another man
s h 0 rt.
And I am very much opposed to that. I would like to see
something changed in that denotion (sic) where they're going to replace
rvlr. Bartol' with another gentleman or another investigative officer so
that we can still keep the investigators out there qualified and with
cnough manpower to be able to handle all the complaints that have
been coming in.
I don't know how anyone else feels about it, but I am -- I'm a little
upsct that they're going to take Mr. Bartoe's spot and not replace him
with another man. Because I don't think the services arc going to be the
S,lIllC.
I can see just the handwriting on the wall with all of the people
L1wt are out of work at the moment. They're going to have a lot of
pcople out here doing work that aren't licensed, and we're going to need
t hcse investigators out here to handle the job.
CHAIRMAN DICKSON: That's a tough one for staffto comment
on. so I'll echo that I do agree. But it's unprecedented times. Over 30
yc,lrS in the business, I've never seen this kind of slowdown.
i\1R. JOSLIN: I agree.
CHAIRMAN DICKSON: It's unprecedented in all of our
Ii /Ct i meso
Unfortunately it's going to cause a lot of people not to renew
insurance, which they've already not renewed. So therefore they don't
pull permits. That's why our sta1fis doing sting operations on a monthly
basis. as best I can tell.
I hope stafTrealizes what a hard effort these gentlemen put in. We
could use more of them. But at the same time wejust don't know how
\\ c get them because the budget constraints are so difficult.
But at the same time, if there's ever an opening, they've got to
rcplacc these people quickly, because Collier County citizens are going
to :-iU ITcr.
Paae 90
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Mlc6 IP,loo8A
MR. L YKOS: Michael, are you an enterprise fund?
MR. OSSORIO: We are an enterprise fund, that's correct.
MR. LYKOS: So if you lose employees, you lose revenue.
MR. OSSORIO: Technically if you -- I would agree with you, yes.
But I also agree with you that with Bob Dunn, the building
director. is that we're lucky to have him. We're also lucky to understand
that he's in the position of not just looking after the contractor liccnsing
dep;ll'tmcnt but he has to look at the bigger picture.
And he's herc today. I-Ie can maybc discuss with you what maybc
his thoughts and also he can gi ve you some insight of what -- somc
ways to combat what your concerns are.
CHAIRMAN DICKSON: I'd love to hear from you, Bob.
MR. JOSLIN: So would I.
MR. DUNN: Good morning. Bob Dunn, Interim Building
Director for Collier County, Florida.
CIIAIRMAN DICKSON: I thought it was permanent.
MR. DUNN: Not yet.
CJli\IRMAN DICKSON: Oh, okay. UntDrtunately it's not.
(Speaker was duly sworn.)
MR. DUNN: Well, staffing.
Contractor licensing is a very important arm ofthe building
departmcnt. I'm with Michael evcry day working on cases and issues.
II is stafr is -- as you know, they do a hcck of a job, and I'm very proud
to have thcm working with my department.
We'vc had, you know, a reduction cntDrce. Our staffing, you
know. is -- everybody's had to pick up their workload to kecp up with
thc pcrmitting and the inspections. The inspection depaliment -- every
area within my division has lost personnel.
Through retirement now we're losing Tom 8m'toe, who was a great
asset. I've guaranteed contractor licensing that he will have support. We
have inspcctors that can fill positions ifhe loses another person. Or if
we havc vacations in his department, we can substitute with inspectors.
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Mat~l~, 1)o8 ~
CHAIRMAN DICKSON: Oh, good.
MR. DUNN: Wc have onc inspection area, mechanical plumbing
or elcctrical or building that is -- you know, inspections are down. You
know we can move people around.
He wi II have supportfhml my department, I guarantee you that.
MR. JOSLIN: Okay. That was my main concern.
MR. DUNN: Well, he is -- his department is doing -- you know,
they're stepping up, they're going after these contractors that haven't
becn paying fees and closing out permits. You know, it's an additional
duty and we'rc very happy to await, you know, what his outcomc. And
you heard the case today and that was a benefit of being able to closc
out these permits.
CI [AIRMAN DICKSON: The other problem we're sceing a lot oC
Bob. is so many people are not renewing insurance and they're therefore
working without permits.
MR. DUNN: Exactly.
CI IAIRMAN DICKSON: It's a terrible problem.
MR. DUNN: Exactly. And we will man Naples and Marco as
required. I mean -- and Collier County residents, they can rest assured
that wc're going to be out therc. Wc havc inspectors out in the field all
day in all the zones and all the quadrants. And ifthere's issues that we're
going to have to address with our inspectors, with contractor licensing
or with the fire districts, we will be doing that.
CI IAIRMAN DICKSON: Is thcre any way to do a story, say with
the Ncws Press -- Ncws Press, that's Fort Myers -- but Naplcs Daily
News, something in that area that because of the slowdown and the
dinIcultya lot of people are working without permits. And get the
public awarc to start watching for these permits. Because it means that
they're probably dealing with an uninsurcd contractor.
MR. DUNN: I believc that's the right approach. We nced to have
public awarcness. Public awareness is something, you know, we nced to
step lip on. And it's the timcs, you know, it's the right time to start that
Page 92
Marc~ ~. ~(~8 A
process.
MR. JOSLIN: For sure. yeah.
MR. OSSORIO: Mr. Chairman, I'd like to just elaborate on that.
It's ironic that you mention that, because I was just talking to -- not only
that we deal with the building official of Collier County, we deal with
the building otlicial oftwo different cities, City of Marco Island, City of
Naples. We have an interlocal agreement.
And one of the things that Paul BolIenback said to me is that he's
nl~ver seen it so bad with unpermitted work.
I can tell you. rest assured, that Allen Kennette, the investigator for
the City of Naples, we issued 25 citation for unlicensed activity last
month. That's a lot compared to what you have to do to get the citation,
on the job site, investigations and the conclusions of it.
And not only that we provide service for unlicensed activity, but
we do all the stop work orders almost tor the City of Naples Jar
unpermitted work. Because like r said before, if you're going to issue
red tclg for unpermitted work, what are we going to look/or? Workers'
comp. insurance, license and liability. And if you are a contractor and
you don't carry workers' comp, you can't get a building permit. So you
work without it.
So we're seeing that trend in the cities. And hopefully we're going
to get more eyes out in the tield like Bob alluded to earlier. We're going
to get a couple of building inspectors out there. So ifthey're only doing
I () or 15 or nine inspections per day, we can train them and they can be
ou r eyes and ears out there. And we can have not just -- maybe we're
down 25 percent, but maybe if we had three or tour others out there,
that might just go ahead and push the issue where we need to be.
MR. JOSLIN: Are they also going to have the ability to issue
citations if they lind something incorrectly being done? Or--
MI\. OSSORIO: We've talked about that. And Bob and I arc going
to be sitting down and we're going to look at a procedure and also
[relining. Obviously I'll probably be giving the training to -- r don't want
Page 93
J.n~hll (l20(A
lu h,lve a building inspector look at 4.1 {-or misconduct as a licensed
cuntraetor. I think the building inspections department and the building
inspector really should be looking at code issues, not quality issues.
[VIR. JOSLIN: Right.
MR. OSSORIO: I think there should be a really big difference.
nut for unlicensed activity. I think the more out there, the better
\\L"re going to be. And they do have the authority to do so under the
Ilmid,1 nuilding Code and also under our ordinance as well.
L
fvlR. .JOSLIN: So is this inspectors that's going to act per se as a
part iall icensing oaker? Is he going to be -- aHer he's trained is he
guing to bc as suitable to do a complete job for a long period of time. or
is tl1 i s go ing to be just a temporary fix wh i Ie we're looking {-or someone
else to take a permanent spot, or -- I'm just a little concerned that we're
not re,t1ly focusing on things that are really going to be effective here.
MR. OSSORIO: I think that at the end of the year when we do our
renewing in September, we're going to come -- we're going to have a
good grasp where we are money-wise, where we need to be, what we
bring tu thc table to thc building departmcnt itself
/\nd thcn Bob will probably make that decision, ifhe feels like we
11l'Cd (0 11,lve a temporary person fhml the building department work
1I1l'l'l'. yuu know. maybe thrce days a week and the other two days he's
duing inspections. or vice versa, whatever it is.
nut I think this whole year is a learning curve for us. Most of the
limes in the past is that we've brought in all this money, but the building
depnrtment was bringing their own in. And so maybe the scales have
tipped n little bit. And I think by September 01"08 we should know
\\ here \Ve are.
CII/\IRMAN DICKSON: And at the same time, you can put an
eml to tl1is problcm with the people that you have. Because you've got
inspectors out there that admittedly they have more time to be on jobs.
I\ml believe me, contractors all know that, because they're spending
more time on jobs thall we were used to seeing.
Page 94
Marl 6, eoJs A
MR. DUNN: That's a good thing.
CHAIRMAN DICKSON: That's a good thing, yeah, but also
they're going to tind something. It's kind of like okay, what am I going
to leave for them to find now so they'll stop.
13ut thcy're driving every street in this county. If they're driving
down the street and they see something going on at a house, they've got
a laptop, they can sit there and sec. They don't have to get out of their
truck to see if that job is permitted. This could stop overnight with the
people that you have.
Thcy don't have to be an enforcement otTicer, but just report when
therc's an unpermitted job.
MR. DUNN: I agree. We have the tools and the ability and the
inspectors. A lot of them are licensed contractors. You know, they were
in the contracting tield. We have air conditioning contractors that arc
doing inspections now, they've been trained as inspectors so they know.
They know permit requirements, and they're a great asset.
And now since times that we have less inspections it's a perfect
opportunity for them to team up with Michael's department and, you
know. show support.
But I've already addressed that issue with the chiefs, and it's going
to h,lppen.
CI IAIRMAN DICKSON: Because the ones of us that have the
insurance -- believe me, my insurance is killing me.
MR. DUNN: Sure.
CI IAIRMAN DICKSON: Because times are tough. I wish it
wasn't there. But I can't operate without it. So when I've got a
compctitor out here working and I know he doesn't have insurance, just
absolutely -- I mean, it's not tolerable.
IVIR. DUNN: Well, our office is very proactive, and we're going to
bc cross-training a lot of areas in the building department. Now with
plan reviews and inspectors, we have inspectors that are slow, they can
come in and help with the plan reviews.
Page 95
~r51 j9tOO~
I mean, there's just all kinds of avenues. r n Alamar's area where
slle's cross-training folks and Jl'om other areas that she has, so --
CHAIRMAN DICKSON: Why is it taking longer to get permits
out'?
MR. DUNN: Well, we still have express permits and they should
be issued the same day.
CIIA"~MAN DICKSON: I feel like there's more people looking at
permits than they used to.
rvm. DUNN: Well, ifthere's any -- you know, my office, I have an
open door policy. And leel f,'ee to stop in and meet with me anytime or
c,!llme. You know, that's the way I like to treat the citizens and the
residents and the contractors.
And I get calls all day long, and if you have an issue or you have a
qucstion about services that we're providing in contractor licensing or
any department, just leel free to contact me.
Cll.AIRMAN DICKSON: I need to talk to you after tile meeting.
The hurricane retrofit changed yesterday.
MR. DUNN: Great.
CHAIRMAN DICKSON: Wait till you see it.
MR. DUNN: Thank you.
MR. JOSLIN: Thank you much. r appreciate your comments.
CHAIRMAN DICKSON: Thank you, Bob, appreciate it.
)\/11\. OSSORIO: Mr. Chairman, I just want to elaborate what Bob
Dunn just said.
The only thing I'm concerned about is what you call the sticky
note syndrome. And that's exactly why we have a policy and procedure
in place now when the chiefs or any other who want to make an internal
complaint, there's a process 1'(,)1' it. So I don't walk in my desk and have
15 cI i fTcrent sticky notes laying on my desk about 14 difJerent
,Icldresses, then I have to separate those three and try to find out how
best to serve.
So there is a policy and procedure in place. Not only with our
Page 96
Mar~l~9~ 2108 A
department internally but also with the fire districts as well. So we're
working with that as well.
CHAIRMAN DICKSON: Okay. I appreciate what you do. We just
know it's a major problem, that's why it concerns us so much.
[vIR. JOSLIN: I see it out there every day, and I'm just concerned
tlH1t it's going to get worse as time goes on, if the market doesn't change.
Thd('s dll.
CHAIRMAN DICKSON: It's not going to get -- well, I'm all
positive.
MR. JOSLIN: Well, I want to be, but--
CHAIRMAN DICKSON: Anybody have anything else?
(No response.)
CI IAII~MAN DICKSON: Motion to -- well, before we adjourn,
thank you for coming on board.
MR. LYKOS: My pleasure. Thanks for having me.
CHAIRMAN DICKSON: Appreciate you having -- we have an
opening f(x an air conditioning contractor. David Goodenough would
be perfect. He got away before I could talk to him. So if anybody runs
into him, we need an air conditioning contractor on this board.
MR. JOSLIN: Michael Ossorio got him here.
CIIAIRMAN DICKSON: Yeah, Michael?
MR. JOSLIN: Maybe Michael can call him.
CIIAIRMAN DICKSON: David would be good. I've known him
f(ll' a long, long time.
MR. OSSORIO: David's not the qualifier of the company.
CHAIRMAN DICKSON: Oh, his wife does, that's right. I forgot.
Yeah. Well, get her. She's sharp, too.
Do I hear a motion to adjourn?
rvIR. JOSLIN: So moved, Joslin.
CIIAIRMAN DICKSON: Thank you. Thank you Cherie'.
*****
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Thne bcing no further business for the good of the County, the meeting
\\~lS mljourned by order of the Chair at 12:04 p.m.
CENSING BOARD
LES DICKSON, Chairman
These minutes approved by the board on d 1-/& . or as
presented__~or as correctcd
Page 98
Fiala
Halas
Henning
Coyle
Coletta___
RECEIVED
\ i\. \ l' \)\.. 1 If\P~ ~ 200.
jI /uil- M~~~u~comm8oners
r- -:MINUTES OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, March 5,2008
LET IT BE REMEMBERED, that the Collier County Development Services
Advisory Committee in and for the County of Collier, having conducted business
herein, met on this date at 3:30 P.M. in REGULAR SESSION in Conference
Room #610 in the Collier County Community Development and Environmental
Services Center, 2800 N. Horseshoe Drive, Naples, Florida, with the following
members present:
CHAIRMAN: William Varian
Charles Abbott
James Boughton
Clay Brooker
David Bryant (Excused)
Laura Spurgeon Dejohn
Dalas Disney
David Dunnavant
Marco Espinar
Blair Foley
George Hermanson
Reed Jarvi
Thomas Masters
Robert Mulhere
ALSO PRESENT:
Joe Schmitt, CDES Administrator
Judy Puig, Operations Analyst, CDES
Catherine Fabacher, Principal Planner, LDC
Phil Gramatges, Public Utilities
Nick Casalanguida, Transportation Services
Bob Dunn, Interim Director, Building Review & Permitting Deroate:___
8m# IvL\ A.:J:
.-...--.-......-.---
MIsc. COIl'lI:
1, S 11' A
March 5, 2008
I. Call to Order
The meeting was called to order by Chairman William Varian at 3:30 PM.
A quorum was established.
II. Approval of Agenda
Mr. Mulhere moved to approve the Agenda. Second by Mr. Foley. Carried
unanimously, 9-0.
III. Approval of Minutes
Mr. Masters moved to approve the Minutes of February 6, 2008 as submitted. Second
by Mr. Mulhere. Carried unanimously, 9-0.
IV. Staff AnnouncementslUpdates
C. Public Utilities Division Update - Phil Gramatges
Mr. Gramatges stated he presented the previously discussed Fee Schedule
Amendment to the BCC, and it was approved by the Board.
The Amendment stated:
"Utility Modeling and Analysis Feefor all DRls and PUDs - $1,000 at time o{SDP,
SIP, and/or PPL applicationjiJr all developments within the geographic boundary of
the Collier County Water/Sewer District. "
Phil Gramatges stated the modeling was done on a time and material basis by a
Consultant.
Blair Foley requested a list of engineering inspections performed and accounting of
the fees that have been paid. He wants verification of where the dollars are going.
Reed Jarvi stated he had received conflicting information concerning whether or
not inspection fees would be returned when an SDP was cancelled or expired.
It was suggested this request should be directed to Joe Schmitt.
(George Hermanson and Marco Espinar arrived at 3:35 PM)
A. CDES Update - Joe Schmitt
Blair Foley referenced Item Vl1(C) under "New Business, " and repeated his request
for an accounting of the spending and allocation of the fees for the inspection
portions of the SDP.
Joe Schmitt stated the Fee Schedule is based on an aggregate of all the fees collected
for a certain portion of a project. He asked if providing a sample cross-section of ten
submittals and what was spent would be sufficient. He stated inspections were
performed at preliminary acceptance as well as at final acceptance. He asked if the
Committee wanted a forensic analysis of the entire Fee Schedule for that portion of
a project, and if so, he would pull 5 or 6 projects and provide a cost breakdown of
what was spent along with the breakdown at the next meeting.
George Hermanson to discuss Item VJJ(B) under "New Business" concerning SDP
time limits.
2
1611 A
March 5, 2008
Joe Schmitt stated there is a proposal to amend the LDC to extend the time limits for
Site Plans and the proposed Amendment will be presented to the Committee during
the upcoming LDC Cycle.
Copies of a draft of the LDC Amendment Request were distributed.
George Hermanson explained his concerns regarding the time limits for site
development approvals. He referenced the proposed LDC Amendment Request.
In addition to the time limits stated Paragraph 4A and Paragraph 4B, the language
referencing adherence to the existing code requirements was confusing. It was
suggested adding the phrase "at the time of submittal" at the end of the first sentence
to clarify that the code existing at the time the SDP was submitted would still govern.
Joe Schmitt stated the Amendment would be reviewed and discussed during the LDC
Cycle. It is still being debated and comments from the Committee should be
submitted. There was further discussion concerning the intent of the language.
Chairman Varian summarized the discussion:
. the Amendment will be presented to the Committee in May,
. if any of the rnembers have clients experiencing problems, they
will refer them to Joe Schmitt for review on a case-by-case basis.
Joe Schmitt completed his Update by stating the reduction in the County's force
necessitated the release of 17 employees. He expected 9 to 13 individuals to
accept the County's offer of voluntary separation and he is in the process of
trying to "right size" the organization and to prepare the budget for 2009.
VII. New Business
C. SDP Iuspection Fees when SDP expires or is cancelled. Should the fees be
returned to the SDP applicant?
Reed Jarvi asked for clarification of the rule if an SDP was cancelled.
Joe Schmitt stated if a project had been reviewed but inspections had not started,
a cost analysis would be performed and refunds would be issued but each
case would be reviewed individually. The current Fee Schedule allows for a
refund of 50% of the estimated inspection costs if any work has been done.
It was suggested the Fee Schedule should be review and revised if it allowed the
County to retain 50% of the inspection fees even ifno work had been done on a
project.
Copies of the current Fee Schedule will be distributed.
(Dalas Disney arrived at 4:IO PM)
IV. Staff Announcements
B. Transportation Division Update - Nick Casalanguida
. The Projects that are ready to go to bid are being reviewed and
re-adjusted due to budgetary constraints
. Current projects are either ahead of schedule or 'on track'
. Vanderbilt Beach Road billing is over $IM per month
. 951 from Golden Gate Boulevard to Pine Ridge is in design
He also stated the East Trail Consortium was submitting a pre-application for the
Lowe's project to obtain a right-of-way permit.
(Charles Abbott arrived at 4: 10 PM)
3
1~J,18 ~ A
D. Fire Review Update - Ed Riley
Mr. Riley stated 61-G Reviews of Sprinklers and Alarms were no longer provided
by the Fire Code Department. The Building Department began providing the
Reviews as of January I, 2008.
He clarified 6l-G Reviews amounted to approximately one-third of the total review
numbers, but not one-third of the Department's time as had been previously reported
in prior Meeting Minutes.
Currently, a program is in Beta-testing to track contractors, types of permits applied
for, approvals and/or reason for rejection. The information generated will allow his
Department to target problern areas and tailor specialty classes for industry. The goal
is to significantly decrease the number of rejections.
V. Old Business
A. Review of Letter drafted by Reed Jarvi to the BCC to appoint a member of
DSAC to the Flood Plain Management Planning Committee
Chairman Varian stated a copy of the draft had been distributed.
Bob Mulhere moved to approve the draft andfor Chairman Varian to sign it
andforward the letter to the BCC. Second by Marco Espinar. Carried
unanimously, 13-0.
VII. New Business
A, Review Times for Building Review and Zoning
Chairman Varian stated Bob Dunn had placed a placard at the front desk to
announce goals for expected review times as has been previously requested. He
stated it is taking 12 to 14 days to obtain a rejection letter from the Commercial
Planning Review Coordinators after the inspectors have reviewed it.
Bob Dunn stated that particular function is currently being reviewed. The goal
is to have each reviewer send out his comments after the review is completed.
It may take another month to revise the process. He stated the reduction of
Staff in that area has also contributed to the problem.
C. SDP Inspection Fee Refund Issue
Joe Schmitt stated his department incurred costs to review a project, and overhead
costs are incorporated into the Fee.
Tonya Levitt responded the inspection fee would be fully refunded after submittal of
a request for refund. Fees expended for reviews would not be refunded. She further
explained the Fee Schedule does not permit refunds of any engineering,
environmental, or zoning.
Joe Schmitt stated he does not have the authority to amend the Fee Schedule. He
will present an amendment of the Fee Schedule to the BCC to recoup fees on a case
by case basis. If a project had been abandoned and other permits had been
obtained that required bonding, those requirements would have to be fulfilled per
Code. He stated some language and requirements were being revised and hc would
review the data submitted on a case-by-case basis and write an Exccutive Summary to
present to the BCC as necessary.
4
16 MLl200SA
D. PUD Completion and Turnover Letter from County to an HOA accepting
pun Commitments
Joe Schmitt stated the BCC had given clear direction to first obtain letters from an
HOA or the HOA's representative and/or from a property owners' Association before
a bond could be released.
Stan Chrzanowski stated developers' bonds had previously been released by the
BCC via a Consent Agenda. Homeowners complained about the release of bonds
when a developer left unfinished projects that were not covered under the bond. The
BCC directed the bonds to be held until a member of an HOA or someone not
involved in the development of the project signed off on the project. He further stated
it was very difficult to find someone who would accept that responsibility and he had
no way to determine whether or not a developer had, in fact, contacted the various
members of the HOA.
Joe Schmitt is writing an Executive Summary that includes the specific language
requested by the BCC.
It was suggested the HOA could hire an independent Civil Engineer to inspect the
property to determine whether or not the developer fulfilled his commitments and
the release of a performance bond is a different issue from cornpletion of the PUD.
Next DSAC Meeting Dates:
. April 2, 2008 at 3:30 PM
. May 7,2008 at 3:30 PM
. Juue 11, 2008 at 1:00 PM
There being no further business for the good of the County, the meeting was adjourned by
order of the Chair at 4:52 PM.
DEVELOPMENT SERVICES
ADVISORY COMMITTEE
~
<---L h_~ f>
~/r~t.-~ --".
AWiIliam Varian, Chairman
7-, ~gJ~./
f/.'u.. CI.-i..,,""1_
These Minutes were approved by the Board/Committee on ----'lptJ
as presented X ' or as amended .
~ 0200<[
I
5
--"-----'----
~~t: L-
Fiala
Halas- .~ II.
Henning --r February 19,2008
'2oyle .~ft- 16 IRE~l=iVcD
. ~oletta _____ "-n
AP 2~ 2008
MINUTES OF THE MEETING OF COLLIER COUNTY .
).i;;;i,) '.:. ;.~IIUII\V Comrmssioner~
DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE
Naples, Florida, February 19,2008
LET IT BE REMEMBERED, that the Collier County Domestic Animal
Services Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 6:30 PM in REGULAR
SESSION at Domestic Animal Services Training Room, Davis Blvd" East
Naples, Florida with the following members present:
CHAIRMAN: Dr. Randall Eisel
Karen Acquard
Michele Antonia
Marcia Breithaupt
Sergeant David Estes (absent)
Tom Kepp, Jr.
Sabina Musci
ALSO PRESENT: Amanda Townsend, Interim Director, DAS
Nan Gerhardt - Shelter Operations Manager
Kathy Drew, Volunteer Coordinator
Bonnie Kubicsek, Animal Control Officer
Mile. ConIa:
Date:
1'~m#:ll.t>ll Ae
FebruaJ bO~8 1, .
1. Call to Order
Chairman Dr. Randall Eisel called the meeting to order at 6:45 P. M.
2. Attendance
Roll call was taken and a quorum established.
Also in attendance were upwards of JOO members of the public interested in the
agenda topic regardingferal cats to be discussed at this particular meeting.
3. Approval of Agenda
Marcia Breithaupt moved to approve the agenda. Second by Tom Kepp.
Carried unanimously 6-0.
4. Approval of Minutes: December 18, 2007
Karen Acquard moved to approve the Minutes of December 18, 2007 as
presented. Second by Sabina Musci. Carried unanimously 6-0.
S. Director's Report
Departmental Statistics and Reports (December 2007 and January 2008)
Stat reports were e-mailed to Advisory Board members prior to the meeting.
Amanda Townsend reviewed the reports, noting the new format, which will
continue to be e-mailed in advance along with the agenda and the prior meeting's
minutes. The reports were:
. The animals in the shelter statistics
. The Anirnal Control Officers' monthly activity reports
. The Veterinarian Procedures and Medical statistics
. The Volunteer statistics
Members spoke in favor of:
I. Retaining the old format which showed the breakdown in numbers for each of
the various types of animals in the shelter statistics, rather than just the totals.
2. Showing the total amount in the DAS Trust fund, in addition to the amount of
donations per month.
Amanda Townsend agreed to make the changes on the next statistics report.
6. Old Business
a. Update of 9O-Day Action Plan
Amanda Townsend provided updates on the progress made within each of the
four objectives set out in the 90-Day Action Plan.
. Familiarization with the Department issues and operations:
In reviewing policies and procedures, she has established a Policies and
Procedures Committee within the department composed of representation from
all three areas (Shelter Operations, Animal Control and Customer Service.)
The process of updating the existing manual to an easier format is in progress.
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February 19, 2008
She is in the process of shadowing employees in each of the three areas to
internalize the workings and interactions of each area and is almost hallWay
through this process.
. Reviewing animal licensing policies with the aim of developing
recommendations for changes.
The present focus is toward automation, utilizing and working with IT. To that
end, on March 31 thru April 4 she will be attending a conference on the
present Chameleon system.
Dr. Eisel suggested that the Veterinary community would willingly cooperate by
providing their licensing information and transferring data to the County, if a
system could be devised to interface with Veterinarians' system for a coordinated
effort. He accepted Amanda's request to be the intermediary.
. Proposed changes to Animal Control Ordinance
Recommendations for proposed changes to the Ordinance were to be on the
February agenda. However, a thorough review of the Ordinance and
consultations with attorneys would take more time than was anticipated in
order to shape the Ordinance into something that can be lived with far into the
future, according to Amanda. She requested the community's input on any
areas of concern and will report at the next meeting on the progress made.
. Review option for livestock auctions
Amanda reported that the ads for the auction cost more than the proceeds,
Options being considered were combining auctions with Lee County and
placing the advertising in outlying publications in areas where interest is
greater.
Michele Antonia requested to speak of hoofed animal issue at this time rather
than under New Business, since it was a related issue.
She spoke about the conditions and care of animals until auction time. Asked if
adoptions or outright sales were an option allowed under the Ordinance, Nan
Gerhardt stated the Florida Statues, not the County Ordinance, state that
livestock/hoofed animals must be auctioned.
Amanda Townsend will discuss accommodation options of animals in DAS care
in these situations and also address assistance from F ACA to affect any necessary
changes.
Michele offered to assist Amanda in any of the areas of concern.
b. Report on Donation Trust Fund
Amanda Townsend explained that the Howl-a-Day expenditures were taken out
of the Donation Trust Fund because all donations went into that Fund. For clearer
accounting practices, she would like to see that money come out of the General
Fund; and that fund would then be reimbursed from the Donation Trust Fund.
Expenses for animal care come only out of the Donation Trust Fund.
3
February~ eots 1 A
As an example, she told of the success story of Spencer, the dog, whose care came
out of the Donation Trust Fund. To questions asked about how animals are
selected to receive the care afforded by these funds, she answered that the
procedure currently implemented is that staff, who work directly with the animals
and know which ones have the greatest chance to survive and be adopted, select
thern. Amanda and Nan authorize the expenditures,
Dr. Eisel offered that DAS may callan local Veterinarians' expertise to aid in
determinations.
The amount actually in the Donation Trust Fund will be reported next month.
c. Election of Vice Chair
Tom Kepp, Jr. nominated Michele Antonia for Vice Chairman.
Due to the fact that Karen Acquard and Dr. Randall Eisel will be resigning before
the next rneeting, it was suggested to wait until those vacancies are filled to elect
the Cliairman and Vice Chairman all at once.
The prior nomination was revised to nominate Marcia Breithaupt for Vice-
Chairman. Karen Acquard seconded the nornination.
No other nominations were forthcoming and Marcia Breithaupt was unanimously
elected Vice Chairman.
7. New Business
a. Advisory Board Vacancies
Tom Kepp's application for re-election to the Board was presented.
Karen Acqllard moved to recommend Tom Kepp, Jr.for re-election to the
Domestic Animal Services Advisory Board, to be approved by the BCC. Second
by Michele Antonio. Carried unanimously, 6-0.
b. Recommendations to the BCC to fill Vacancies
Dr. Eisel announced one application had been received for the Veterinarian
vacancy soon to be created by his leaving. The Board was asked to vote on the
application, which was received prior to the February 15th deadline, but not in
time to be included in the e-mailed packet of the meeting.
Amanda Townsend explained that the Board could vote on the application or
delay the vote until the next meeting. The procedure would be to re-advertise the
position along with the Karen Acquard's vacated position.
Michele Antonia moved to recommend delaying the vote and re-advertising the
position. Second by Tom Kepp. Motion did not carry. (Michele Antonia and
Tom Kepp, Jr. voted yes. Sabina Musc;, Karen Acqllard, Marcia Breithaupt
and Dr. Eisel voted no.)
4
FebruJI~cL8
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Karen Acquard moved to recommend the appointment of Brian Theiss as the
Veterinary representative on the Domestic Animol Services Advisory Board.
Second by Sabina Musci.
Discussion followed regarding a previously decided policy which was to meet and
interview applicants and to have the opportunity to consider other applicants.
The motion carried 4-2. Michele Antonia and Tom Kepp, Jr. voted no.
c. Board Member Meeting Attendance
Karen Acquard addressed the issue of the number of absences allowed in order
to remain a member of the Board. She referred to the Law Officer's repeated
absences since his re-appointment; whether for scheduling conflicts or other
reasons. She asked the Interim Director to determine the reasons for the absences;
what can be done to remedy the situation and report to the Board at the next
meeting.
d. Feral Cat Management - presented by Michele Antonia
Michele Antonia told of attending a conference in Orlando on Feral Cat
Management. Both Orange and Hillsborough Counties have excellent programs
with cooperative interaction between the Animal control, Feral Cat care people,
Humane Society and the ASPCA. The program cuts down on cat populations,
county tax dollars and resources.
She then introduced Tina Bland, Vice President of Animal Compassion project, a
rescue and referral resource for Feral Cats, who gave a brief introduction to the
film. A handout on registered caregivers and the positions of the Humane Society
and the ASPCA on Trap, Neuter and Release programs was distributed.
e. 10 minute video presentation
The Brian Kordis film, produced in New York, depicted the successful program
of Trap, Neuter and Release (TNR) offeral cats. Cat colonies, their management
and care by registered caregivers in coordination with animal control offices
provided insight into the problems and ways to approach solutions that benefit
municipalities.
Michele Antonia spoke about the formation of a Coalition to work with Amanda
Townsend and Domestic Animal Services that would be good for the public, the
rescuers and the feral cat population.
The citizens in attendance were encouraged to join this coalition and to provide
their contact information to receive notice of DAS meetings in which Ordinance
changes and feral cat issues will be discussed.
f. Livestock Animals - presented by Michele Antonia
Previously presented under item 4 Directors Report number a.
5
FeU J/J, 200! A
8. Public Comments -Speakers
Karma Goodloe proposed spay and neuter and not euthanization of feral cats,
saying they are not sick, just abandoned, She cited TNR as the way to control
population and save the County money.
Pallas Diaz thanked everyone for coming out to support the new coalition and
encouraged the OAS to look into the Ordinances of Orange, Brevard and Palrn
Beach Counties for samples to follow (copies of which she provided).
April Holmes pointed out that as communities change and grow, the Ordinance
has to change to consider feral cats.
Phyllis Estes recommended eliminating euthanasia, rescuing kittens and pregnant
cats and calling on the rescuers to take them. Offered to take in any kittens.
Gisela Rowley was especially pleased to see such a large gathering and
encouraged everyone to keep it going.
Heather Burch stated she is a rescuer and was pleased that the board was
sensitive to their issues and willing to listen. The number of attendees shows how
many care and want to bring about a solution. She stated sharing of experiences
will give way to find opportunity to end killing. She welcomed addresses to share
advice and solutions and thanked all willing to speak up and to help.
Stephen Wright thanked OAS for holding the open house. He told those present
to support the efforts ofDAS in working together in anirnal welfare efforts, but
not to expect solutions right away and so not to give up.
Addison Fischer favored TNR as an economical solution that works. He praised
the lowering of euthanasia numbers. He announced the Humanitarian Trust he
represents was prepared to offer a $20,000 grant to get the TNR program started.
He noted the only art work in the room was titled "Innovation" and, appropriately,
that was key to accomplish the challenge ahead.
Nancy Reyelt had adopted four dogs from OAS. She asked how the community
Can communicate with the coalition and each other to keep up the momentum.
!she also commented on auction buyers and what steps are taken to determine if
they are animal abusers, especially those who sell the animals to other countries,
that she named, who are known to subscribe to animal abuse practices.
Monique Corlane, a senior at Gulf Coast High School who owns five horses,
several dogs and cats and aspires to becorne an equine surgeon, cited the wealth in
our community would be forthcoming to help with spay and neuter programs and
with background checks for auction buyers if the public knew the need.
6
Febru16,1008 1 A
9. Advisory Board Member Comments
Marcia Breithaupt thanked everyone for coming, their caring and looks forward
to working with the Coalition.
Michele Antonia Thanked everyone for their support and reminded thern of the
Feral Cat Coalition meeting in March (she will e-mail date) and the next DAS
meeting on April 15. She stated that there were 70 people at the first Feral Cat
Coalition meeting whose information will be distributed to anyone interested and
a web site will be created. An e-mail list was started and passed around for sign
up. Urged everyone to keep corning to meetings and let Public officials know
their views.
Tom Kepp was pleased with the drop in euthanizations and would like to see the
percentages drop each month. He supports the TNR program, to aid in freeing up
of employees to treat other animals. The County pays attention to the sustained
numbers of interested citizens.
Karen Acquard announced this was her last meeting as a Board member but
would attend meetings often. She suggested to the public to fill the BCC
chambers whenever Ordinance changes are on the agenda to let the BCC know
how they feel on the issues. She complemented Michele for her untiring efforts
and dedication to the DAS and to the formation of the Feral Cat Coalition. She
said it had been a pleasure to serve on the DAS Advisory Board.
Sabina Musci also thanked the public for their interest and agreed with Karen
Acquard on the best way to effect changes. With budget cuts and freezes
happening, they need to let the Commissioners know what is irnportant to them.
Dr. Eisel announced that this was also his last meeting as a Board member. He
presented Amanda Townsend a Letter of Appreciation to be placed in former
Director Margo Castorena's personnel file.
He read an exit speech in which he cited some of the accomplishments of the four
years he has been on the Board:
. Restoration of public confidence
. Greater accountability and transparency
. Public awareness and debates
. Creative ways to keep funds for DAS
. Pet Friendly Shelter and crisis training
. Howl-a-day Jubilee
. Micro-chipping and dangerous dog Ordinances.
He affirmed his position that you can not spay and neuter the way out of
overpopulation. The need was to cooperate with all entities. He challenged the
Board to assist DAS to provide the best services through public education, by
encouraging collective consciousness and pet owner responsibility.
He thanked everyone for coming and stated that with pre-notification, the venue
could be changed to accommodate a larger crowd at future meetings.
7
1 ~rfrrY 1'12<n8
The next meeting of the DAS Advisory Board is scheduled for April 15, 2008
There being no further business for the good ofthe County, the meeting was
adjourned by order ofthe Chair at 8:30 P.M.
Collier County Domestic Animal Services
These minutes approved by the Board/Committee on '1 - I '5 - G ~
as presented V or amended .
8
Fiala '(>': \ (
Halas
Henning
Coyle
Coletta
RECEiVED
16 'AR 212A18
Board of County Commissioners
EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL
(EMSAC)
February 27, 2008
NEIGHBORHOOD HEALTH CLINIC
Second Floor Education Room
120 Goodlette Road North
District 1 Comrnission District - Victoria DiNardo, Present
District 2 Cornrnission District - Jeffrey Allbritten, Present
District 3 Commission District - John Valenti, Chairman, Present
District 4 Commission District - Nancy Lascheid, Present
District 5 Commission District - Vacant
At Large - Joahn Domenie, Absent
At Large - Dr. Douglas Lee, Absent
Naples Community Hospital - Gail Dolan, Present
City of Naples Police and Emergency Services - Jim McEvoy, Chief, Present
Collier County Health Department - Kathleen Marr, Present
City of Marco Island Fire/Rescue - Michael Murphy, Chief, Present
Collier County Fire Chief's Associations - Rob Pottieger, Assistant Chief, Present
Physician's Regional Medical Center - Dr. Jeffrey Panozzo, Absent
Collier County Sheriff's Office - Commander Bill Rule, Present
The regular rneeting was called to order by Nancy Lascheid, followed by the "Pledge of
Allegiance".
A quorum was not present at this tirne.
OLD BUSINESS:
Sub Committee Report/Review
Enclosed in the packets was a letter from the subcommittees of EMSAC and the
Productivity Committee. This letter was the consensus of the meeting between the two
subcommittees and it was signed by Janet Vasey and Nancy Lascheid. Nancy explained
that the Master Plan review was sort of put to the side pending the BCC's decision on
budget cuts at the February 26th meeting. Nancy asked that another meeting be set up
between the two subcommittees to talk about the Master Plan.
District 5 Application
Terry Heath was present to introduce himself to the group. He stated that he is a
life-long resident of Immokalee and a third generation firefighter. He stated that they are
starting to run more and more medical calls, so that spiked his interest in this group,
Nancy stated that unfortunately we can't vote on his application because we don't have a
quorum yet. MISC. Corres:
Date:
l~em#l~ LJ A q
~'_ -)'.,--:, tc'
't
~, 6 I
1
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NEW BUSINESS:
Executive Surnmary
Chief Page started by apologizing for not being able to get this to an EMSAC
meeting before the BCC meeting. It's just an example of bad tirning and an issue that
couldn't wait. He stated that if he had waited until our meeting today to get a
recomrnendation, and then take it to the Board it would have been an additional $63,000
in payroll. He stated that it took hirn about a week to get into the report from the billing
company. And when he realized the shortfall, he immediately went to the Manager with
the results. He thought it would be easier than waiting until mid-year to tell the Board
when the shortfall would just have gotten bigger. He stated that his initial plan was to go
before the board to get some direction, but the Manager thought it would be better to
make a recommendation. He stated that the outcome of the meeting was great. The
board supported us for at least the next two years. Chief Page stated that the Board's
meeting frorn last night carried over into this morning. The Boards direction to the
County Manager was to bring them a budget that did not cut any essential services
throughout the county; like EMS, parks, libraries, etc. They will look at cutting other
areas like administrative services, etc which will carry the burden for the essential
departments. He stated that he asked the Assistant Manager this morning about the four
stations that are in the works to be built, but his understanding was that they were still on
hold. Chief Page stated that may be something that the subcommittees look at and make
recommendations.
Nancy stated that she was also confused about the stations in the motion by the
BCC. However, she stated that she was there, and was proud to serve on EMSAC after
Chief Page did such a great job with his presentation. Chief Page stated that this is the
tirne for the subcommittees (including the Productivity subcomrnittee) to go through the
master plan page by page. He stated that some of the commissioners have forgotten that
we didn't ask for the four units. We asked for two, and because they changed the
population ratio, they made us take four. Chief Page also stated there was a comment
that we were over staffed in upper management. He stated that there are many smaller
departments in the county that have more "chiefs" than we do. The Master Plan supports
having at least an Assistant Chief. The Battalion Chief ratio is frorn 16 to 20 people to 1
Battalion Chief depending on what shift because we just had a BC resign. He stated that
he feels pretty good that he won't have to face cuts in FY09, which is where he thought
there would be the most cut backs.
Chief Murphy had a question regarding the BCC meeting. He asked that when
they allowed for the department to stay "whole" did that allow for us to replace people
that resign. Chief Page stated that, no, we can't hire anyone. He stated that his
understanding is that he has the option at some time to go back to the board for direction
if the mandatory overtime is through the roof. He stated that we still have a great part
time staff to fill in for vacancies like sick time or vacation. He also stated that we are not
allowed to use the part time staff to fill a full time slot on a full time basis.
With the addition of a few rnembers who were running a little late, we now have aoquorum.
161 lA
Motion to adopt today's agenda; passed unanimousl~
Motion to adopt subcornrnittee minutes frorn Jan 28' ; passed unanimously by
subcommittee members.
Motion to adopt minutes from January 30th; passed unanimously
Nancy briefly reviewed the subcommittee report for the members who came in
after it was talked about.
Motion to approve Terry Heath for the vacant District 5 slot; passed unanimously
John Dornenie Resignation
Nancy asked Chief Page if there was a motion needed to accept Mr. Dornenie's
resignation. Chief Page explained that we don't have to do anything; the BCC office will
be posting the vacancy soon. He believes we already have some interested people. Chief
Murphy asked if we could send a letter of appreciation to John. Chief Page stated that the
BCC already sends one.
Motion to send an additional letter of appreciation from EMSAC to John Dornenie;
passed unanimously.
STAFF REPORTS:
Chief Page explained that we are at 11 vacancies as of today. That is one rnore
than last time due to the Battalion Chief's resigning. This includes the 9 backfill
positions that the Board gave us. He stated that one option that he hopes the
subcommittees will look at would be the idea of having two BC's on a 12 hour shift
during the day and one at night.
Chief Page also stated that the Board approved us to be involved with the fire
departments in the consolidation study. The Board also reiterated yesterday that at the
point the fire departments are consolidated they would look into merging EMS into that,
but not until that point. However, we understand that they study needs to include us from
the beginning. Chief Page asked the other fire Chief's there what the breakdown of the
different committees were. Chief Murphy and Chief McEvoy explained that the
Operations Committee broke down into subcommittees to tackle each of the different
areas; i.e. financial, EMS, logistics, etc.
SPEAKERS FOR PUBLIC COMMENT:
There were no registered speakers.
BOARD MEMBER DISCUSSION:
Nancy brought up the subject of Chairmanship and asked for some input from
John Valenti since he was unanimously voted for at the last meeting. John stated that he
is a little hesitant because he has accepted a new position at his office which doesn't
161 lA
allow him the same flexibility as he's used to; also he has decided to put his home up for
sale and he's unsure how long he will be residing in District 3. Nancy encouraged him
by letting him know that his financial background would be very useful and helpful to the
group. John agreed and accepted the position of Chairman.
Nancy asked if anyone wanted to volunteer for the Vice Chair position. In
hearing none, she asked Chief Page if it could be left open. He stated that it could be left
open, but it will eventuall y need to be fi lled.
Chief Murphy had a few things he wanted to bring up. He stated that there was a
resolution passed through the fire districts that if any firefighter/pararnedics or EMTs
were laid off in the county as a result of tax cuts that they would be put at the top of the
hiring list for any district or department that would be hiring. The next thing he wanted
to bring up was that Senator Saunders reviewed some legislation that in the event of a
line of duty death of any fire, ems, or police workers they would remove your house from
the tax roll. Similar to the one that is in place for the military. The last thing he wanted
to ask was in reference to the data presented at the last meeting. He stated that Chief
McEvoy brought up an issue regarding the data for the survival rates of cardiac arrests
that we presented. He stated that we presented a survival rate of 40% and a national
average of 5%. He stated that he did some research about the national average and the
data they use. He stated that they consider the survival rate of any patient that they come
to that is in cardiac arrest, and it doesn't matter what stage they are in. He feels that our
data is not compiled with the same criteria as the national average and we are misleading
the results by comparing "apples to oranges." He stated that he would like to see a chart
that has the same comparison. Chief Page stated that we do have that chart, and he
showed it to Dr. Panozzo last meeting. He will be glad to bring it again at the end ofthis
quarter when the data is collected. Chief Page also explained that the chart Chief Murphy
is talking about is sornething that the county uses internally. Chief McEvoy pointed out
that he just wants us to use the same criteria for our charting as the national average uses.
His understanding is that we aren't doing that. Chief Page explained that we are doing
that, and he will provide the chart at the end of this quarter when the data is collected.
The next meeting will be held on Tuesday March 25, 2008.
Meeting Adjourned.
Respectfully Submitted,
Jennifer Florin
I
Date Adopted: ] l.C: 0 Y
\ - ~.
Chairman I Cou HI Mernber Signature
Fiala
Halas
Henning
Coyle
Coletta
y~
ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
April 2, 2008
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F") - Third Floor
RECEIVED
MAR 2 4- 2008
Order
aoard of County Commissioners
161 1A
II. RollCall
III. Approval of Agenda
IV. Approval of March 5 & 6 meeting minutes - not available at this time; will be provided later
V. Upcoming Environmental Advisory Council Absences
VI. Land Use Petitions
A. Plat and Plans No. PPL-2005-AR-7703
Amerimed Center PPL
Section 14, Township 50 South, Range 26 East
B. Commercial Planned Unit Development No. PUD Rezone- PUDZ-2006-AR-9486
Freestate CPUD
Section 8, Township 50 South, Range 26 East
C. Planned Unit Development Rezone No. PUDZ-2007-AR-12581
Esperanza Place PUDZ
Section 32, Township 46 South, Range 29 East
VII. New Business
VIII. Old Business
A. Update members on projects
IX. Subcommittee Reports
X. Staff Comments
XI. Council Member Comments
XII. Public Comments
XIII. Adjournment
*******************************************************************
Council Members: Please notifv Summer Araaue, Environmental Services Senior Environmental
Specialist no later than 5:00 p.m. on March 24. 2008 if vou cannot attend this meetina or if vou have
a conflict and will abstain from votina on a petition (530-6290).
General Public: Any person who decides to appeal a decision of this Board will need a record of the
proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
Misc. Cooes:
Date:
Item #l.k.l1_tUt>
~(fCJie~ II;
~
161
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ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF ADril2nd. 2008
I. NAME OF PETITIONERlPROJECT:
Petition No: Plat and Plans No. PPL-2005-AR 7703
Petition Name: Amerimed Center
Applicant/Developer: Amerisite LLC
Engineering Consultant: Davidson Engineering, Inc.
Environmental Consultant: Davidson Engineering, Inc.
II. LOCATION:
The Amerimed Center (plat) is located within Sectionl4, Township 50 South,
Range 26 East, Collier County, Florida. The proposed plat is located
approximately one-quarter mile northeast of the intersection of Rattlesnake
Hammock Road and County Road 951, folio numbers; 00418200007,
0041680000 I, 00417720009. The construction plans and plat submittal are
proposing an 18.95 acre commercial subdivision.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
The proposed plat is bordered on the north by Rural Agricultural zoning, on the
south by Rural Agricultural zoning, on the east by Rural Agricultural zoning and
on the west by County Road 951.
Zoning
North: Rural Agricultural
Description
Unimproved
South: Rural Agricultural
Unimproved
East: Rural Agricultural
Unimproved
West: Right-of-Way
County Road 951
IV. PROJECT DESCRIPTION:
Construction plans and plat for four (4) lots zoned Commercial Intermediate
(C- 3) and five (5) lots zoned General Commercial (C-4) on 18.9 acres.
EAC Meeting
161
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Page 2 of8
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The northern portion of the subject property (Folio No. 004182200007) is
designated Urban (Urban - Mixed Use District, Urban Residential Fringe
Subdistrict), as depicted on the countywide Future Land Use Map (FLUM) of the
Growth Management Plan (GMP). The Office and In-fill Commercial Subdistrict
within the Urban Mixed Use District allows low intensity office commercial or
infill commercial development within this portion of the subject property; and
does not contain specific development standards, minimum lot sizes, or other
requirements to be depicted on a plat. The existing C-3 zoning designation
(Ordinance No. 04-23) limits office and infill commercial development to low
intensity uses consistent with the property's Future Land Use designations.
The southern portion of the subject property (Folio No, 00416800001 and
00417720009) is designated Urban Commercial District, Mixed Use Activity
Center Subdistrict (Activity Center #7), as depicted on the countywide Future
Land Use Map (FLUM) of the Growth Management Plan (GMP). The
Interchange Activity Center designation allows the full array of commercial uses
(C-l thru C-5) in this portion of the property; and does not contain specific
development standards, minimum lot sizes, or other requirements to be depicted
on a plat. The existing C-5 zoning designation (Ordinance No. 03-31) allows
commercial uses consistent with the property's Future Land Use designations.
Conservation & Coastal Manal!:ement Element:
Objective 2.2 of the Conservation and Coastal Management Element of the
Growth Management Plan states "All canals, rivers, and flow ways discharging
into estuaries shall meet all applicable federal, state, or local water quality
standards.
To accomplish that, policy 2.2.2 states "In order to limit the specific and
cumulative impacts of stormwater runoff, stormwater systems should be designed
in such a way that discharged water does not degrade receiving waters and an
attempt is made to enhance the timing, quantity, and quality of fresh water
(discharge) to the estuarine system.
This project is consistent with the objectives of policy 2.2.2 in that it attempts to
mimic or enhance the quality and quantity of water leaving the site by utilizing
interconnected detention areas to provide water quality retention and peak flow
attenuation during storm events
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EAC Meeting
Page 3 of8
This project is consistent with policy 6.1 and 6.2 regarding the selection of
preserves. The property site contains 18.95 acres of which 2.65 acres is native
vegetation. There were no listed species found on site. The wetlands on site were
composed primarily of Melaleuca with a MWRAP score of 0.54. The proposed
native vegetation preserve of 0.40 acres fulfills the minimum requirement of 15%
of the existing native vegetation on site.
As required by Policy 6. 1.4, prohibited exotic vegetation will be removed from
the site and maintained in perpetuity.
The EIS required by Policy 6.1.8 has been prepared and is supplied as part of the
review packet for this submittal.
As required by Policy 6.2.6, the required preserve area is identified on the
preserve management plan as part of the site development plan.
As required by Policy 7. I .2, a listed species survey was conducted on the property
and is contained in the EIS.
As required by Policy I I. I .2, correspondence was sent to the Florida Department
of State Division of Historical Resources (DHR) regarding possible
archaeological or historical sites within the project area. In a letter dated
Septernber 15th, 2005, the DHR stated that the Florida Master Site File lists one
previously recorded archaeological site and no standing structures on this parcel.
VI. MAJOR ISSUES:
Stormwater Management.;,
The Amerimed Center project received Environmental
(Conceptual Approval and Construction/Operation) no.
SFWMD on 8 Jan 2008.
Resource Permit
1l-02748-P from
Section 8,06.03 0.2. of the Collier County Land Development Code states 'The
surface water management aspects of any petition, that is or will be reviewed and
permitted by South Florida Water Managernent District (SFWMD), are exempt
from review by the EAC except to evaluate the criteria for allowing treated
stormwater to be discharged into Preserves as allowed in Section 3.05.07."
Sheet 8 of 18 of the plan set, the Master Drainage Plan, shows no water being
discharged into the one 0.40 acre preserve on the site. The drawing on the
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SFWMD website is the same as the drawing in the review set accompanying the
PPL application.
For the record, the project uses a standard stormwater management design
employing interconnected swales, catch basins, culverts, and a wet detention area
to achieve water quality detention and peak flow attenuation. Amerimed sits in
the Henderson Creek Basin and discharges to the Henderson Creek Canal which
flows south toward the Rookery Bay area. According to Ordinance 2001-27, the
County's storm water discharge ordinance, the allowable discharge rate from the
site is 0.15 cfs/acre.
Environmental:
Site Descrintion:
The property site contains 18.95 acres of which 2,65 acres is native vegetation
according to the definition in the GMP and LDC. The proposed native vegetation
preserve of 0.40 acres fulfills the minimum requirernent of 15% of the existing
native vegetation on site. On site native vegetation communities include Pine
Flatwoods (1.99", acres), Palmetto Praire (0.22 "'acres), and Hydric Pine (0.44",
acres). The non-native areas include Exotic Wetland Hardwoods (x 8.57 acres),
Brazilian Pepper ( 0.65" acres), disturbed lands (2.47" acres), utilities (1.76'"
acres), electrical power transmission lines (2.75" acres), and an unpaved driveway
(0, lOX acres).
Wetlands:
The project site has approximately 10.19 acres of South Florida Water
Management District (SFWMD) jurisdictional wetlands. On site wetland
communities consist of Hydric Pine Flatwoods ('" 0.44 acres), Exotic Wetland
Hardwoods (x 8.57 acres), and disturbed wetlands in the utilities easement (x 1.18
acres). Impacts to 1.22 acres of the 10.19 acres of onsite wetlands have been
previously authorized (Permit Numberll-0251257-00l and SAJ-2005-6149) in
association with a Collier County Wellfield Expansion project (EIS Exhibit 6).
The proposed site plan will impact the remaining 8.97 acres of wetlands. The
applicant will purchase 4.84 freshwater mitigation credits from Panther Island
Mitigation Bank to offset the 8.97 acres of wetland impacts associated with this
project. A South Florida Water Management District (SFWMD) Environmental
Resource Permit (ERP) has been issued for this project (Permit Number 11-
02748-P). The project is currently being permitted through the Army Corps of
Engineers (USACE). A copy of the permit shall be forwarded to Collier County
upon issuance.
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Preservation Requirements:
The property site contains 18.95 acres of which 2.65 acres is native vegetation.
According to the Collier County Property Appraiser's office, this parcel was once
cleared and operated as a nursery. A portion of the cleared area (FLUCFCS 740
disturbed) was not counted in the native vegetation calculations due to the
adjacent FLUCFCS 619 (Exotic Wetland Hardwoods) areas. Staff has referenced
past GIS mapping data and found that portion of the site to be dominated by
exotic wetland vegetation around the time of clearing. The proposed upland native
vegetation preserve of 0.40 acres fulfills the minimum requirement of 15% of the
existing 2.65 acres of native vegetation on site. Selection of native vegetation to
be retained on site as a preserve area is shown to be consistent with the GMP.
There were no listed species found on site, The wetlands on site were composed
primarily of Melaleuca with a MWRAP score of 0.54. The proposed upland
native vegetation preserve of 0.40 acres fulfills the minimum requirement of 15%
of the existing 2.65 acres of native vegetation on site.
Listed Snecies:
A listed species survey for this project site was conducted in June 2006 (EIS
Exhibit 7). This initial survey found three burrows on site with two of the
burrows being identified as armadillo burrows and one as a gopher tortoise
(Gopher polyphemus) burrow. Another gopher tortoise survey was conducted in
January 2008. The survey showed no additional burrows or signs of gopher
tortoise such as scat in the surveyed areas. A re-inspection of the suspected
gopher tortoise burrow was also done. Upon closer inspection, it was shown that
the burrow lacked the characteristic half moon shape and sand apron typically
found with gopher tortoise burrows (as verified by staff on site). As a result, it
was concluded through the January 2008 survey that no gopher tortoise
individuals inhabit the project site.
Although the Florida panther has not been observed on site, this property is in an
area designated as primary panther habitat by the USFWS. Mitigation for these
impacts will be provided through the purchase of 4.84 mitigation credits from
Panther Island Mitigation Bank
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VII. RECOMMENDATIONS:
Staff recommends approval of Plat and Plans No. PPL-2005-AR 7703
"Amerimed Center" with the following condition;
Stormwater Manal!ement:
None.
Environmental:
1. A copy of the USACE permit shall be forwarded to Collier County upon
issuance.
EAC Meeting
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PREPARED BY:
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STAN CHRZANO , PE ~
ENGINEERING RtVIEW MANAGER
ENGINEERING SERVICES DEPARTMENT
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C S D'ARCO
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
c. . \L .i:.::)~
CRAIG DAVIS
PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
,'tl ,'W?;,-:::.{'
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DATE
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DATE
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DATE
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EAC Meeting
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REVIEWED BY:
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BARBARAS, BURGESON
PRINCIPAL ENVIRONMENTAL SPECIALIST
~~~
Wi L1AM D. LORENZ, r., P.E.
ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
JEF GHT
ASS ANT COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
APPROVED BY:
o EPH K. SCHMITT
MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
ADMINISTRATOR
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DATE
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DATE
S/I 0/08
DATE'
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Item VI. C.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF APRIL 2. 2008
I. NAME OF PETITIONER/PROJECT
Petition No.:
Petition Name:
Applicant/Developer:
Engineering Consultant:
Environmental Consultant:
PUDZ - 2007 - AR 12581
Esperanza Place PUDZ
Empowerment Alliance of SW Florida
Q. Grady Minor & Associates
Collier Environmental Consultants
II. LOCATION
The subject properties are located on the north side of Immokalee Drive, west of S.R. 29
and Y. mile east of Carson Road in Section 32, Township 46 South, Range 29 East, Collier
County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES
The site is currently bordered on the west by mobile home/manufactured home subdivision.
The property to the south and east are developed with single-family dwelling units. South of
the property is vacant but used for agriculture uses.
ZONING
DESCRIPTION
N - RSF-4, Garden Lake Apartments PUD,
and MH
Single-family residential units,
apartments & Mobile Homes
S - A-MHO
Single-family residential units
E - Davenport PUD
Single-family residential units
w- MH
Mobile Homes & Manufacture Homes
IV. PROJECT DESCRIPTION
The petitioner is requesting a rezone from the Rural Agricultural (A-MHO) zoning district
with Mobile Home Overlay to Residential Planned Unit Development (RPUD), Esperanza
Place RPUD zoning district. The Esperanza Place RPUD is a total of 31.63:1: acres that will
be developed up to 262 dwelling units per acre. This amounts to a gross density of 8.28:1:
dwelling units per acre. The base density is four (4) dwelling units per acre and the
affordable housing density bonus is used to make up the remaining dwelling units. The
Florida Non-Profit Services, Inc will develop an affordable multi-family residential community
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on the western half of the site and the Empowerment Alliance of Southwest Florida
Community Development Corporation will develop affordable owner-occupied homes on the
eastern portion of the property, and a two (2) acre tract will be for one (1) single-family
residence, this home currently exists and will remain.
V. GROWTH MANAGEMENT PLAN CONSISTENCY
A. Future Land Use Element
The project is located in the Immokalee area which is designated Urban on the Future Land
Use Map - specific subdistricts and development standards are contained within the
Immokalee Area Master Plan (lAMP). The subject sites are located within the lAMP Low
Residential Subdistrict designation.
The purpose of this subdistrict is to provide for low density residential development.
Residential dwellings are limited to single-family structures and duplexes. However, multi-
family dwellings are permitted provided they are within a Planned Unit Development.
Density less than or equal to four (4) dwelling units per gross acre is permitted.
Esperanza Place RPUD proposes 262 dwelling units on 3163 acres, which equates to a
gross density of 8.28 units per acre. The Density Rating System (DRS) allows the subject
properties a base density of four (4) units per acre and the potential of an Affordable-
Workforce Housing Bonus (AHDB), by public hearing, of up to eight (8) units per acre. The
subject petition includes a companion Agreement Authorizing Affordable-Workforce
Housing Density Bonus that indicates the requested project density is allowed (which is
subject to Housing & Human Services' review for accuracy and Board of County
Commission approval as a companion item to this RPUD).
A density analysis is as follows:
. Permitted Base Density - 31.63 acres x 4 units/acre = 126.52 units
. AHDB Density Eligibility - 31.63 acres x 8 units/acre = 253.04 units
. Total Possible Units = 379.56 (12 du/a)
. Requested Units = 262 units (8.23 du/a)
The following FLUE policies and objectives apply to the subject use with respect to potential
site utilization (note various staff comments italicized and bolded below):
FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area.
Comprehensive Planning leaves this detetmination to the Zoning and Land Development
Review staff as part of their review of the petition in its entirety.
Objective 7 of the FLUE states: "In an effort to support the Community Character Plan for
Collier County, Florida, promote smart growth policies, and adhere to the existing
development character of Collier County, the following policies shall be implemented for
new development and redevelopment projects, where applicable."
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Policy 7.1: The County shall encourage developers and property owners to connect their
properties to fronting collector and arterial roads, except where no such connection can be
made without violating intersection spacing requirements of the Land Development Code.
(Staff Comment: The site's existing access is to Immokaiee Drive, a collector road; no new
access is proposed.)
Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help
reduce vehicle congestion on nearby collector and arterial roads and minimize the need for
traffic signals. (Staff Comment: In the project narrative, the applicant indicates that there
will be internal connections between the multi-family residential portion of the site and the
single-family portion of the site - after reviewing the Master Plan provided in sheet two of
the large location map submittals, this has been confirmed.)
Policy 7.3: All new and existing developments shall be encouraged to connect their local
streets and the it interconnection points with adjoining neighborhoods or other developments
regardless of land use type. (As stated in the project narrative, the applicant notes that
interconnections will be explored, but may not be possible given the surrounding
development conditions. Upon review of the site aerial, staff concurs that it does not appear
to be feasible. There is a potential pedesttian interconnection shown on the Master Plan.)
Policy 7.4: The County shall encourage new developments to provide walkable
communities with a blend of densities, common open spaces, civic facilities and a range of
housing prices and types. (Staff Comment: The subject ptoposal ptovides a blend of single
and multi-family densities in conjunction with being a development with a proposed
affordable housing component. The project allows a clubhouse, includes a recreational
tract, and includes the required open space. Since no deviation is being requested,
sidewalks must be provided as required in the LDC).
CONCLUSION: Staff deems the subject PUDZ-2007-AR-12581 to be consistent with the
lAMP subject to the approval of the companion agreement authorizing the Affordable-
Workforce Housing Density Bonus.
B. Conservation & Coastal Manaaement Element
Objective 2.2 of the Conservation and Coastal Management Element of the Growth
Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall
meet all applicable federal, state, or local water quality standards.
To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts
of stormwater runoff, storm water systems should be designed in such a way that
discharged water does not degrade receiving waters and an attempt is made to enhance
the timing, quantity, and quality of fresh water (discharge) to the estuarine system.
According to the applicant the project attempts to mimic or enhance the quality and quantity
of water leaving the site by utilizing interconnected dry detention areas and lakes to provide
water quality retention and peak flow attenuation during storm events.
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This project does not show consistency with CCME/Policy 6.1.1(1) 'For the purpose of this
policy, native vegetation is defined as a vegetative community having 25% or more canopy
coverage or highest existing vegetative strata of native plant species. The vegetation
retention requirements specified in this policy are calculated based on the amount of native
vegetation that conforms to this definition."
Throughout the EIS document the applicant states that there is no existing native vegetation
onsite and therefore there is no native preservation requirement. However, in Exhibit
"FLUCFCS Code Vegetation Inventory" in the EIS document the applicant does provide a
comprehensive list of native vegetation found on site. This is inconsistent with the
applicant's conclusion that there should be no preserve requirement. The applicant did not
provide reasons based on biological knowledge that mature slash pines (Pinus elliott/) and
other associated upland species such as cabbage palm (Sabal palmetto), live oak (Quercus
virginiana), winged sumac (Rhus copallina) and wetland native vegetation such as Catolina
willow (Salix caroliniana), Primo rose willow (Ludwigia peruviana), Swamp fern (Blechnum
serrulatum), Wax myrtie (Myrica certera), Broom sedge (Andropogon virginicus), etc. do not
qualify as native habitat. Please see more details about existing vegetation on the pictures
attached to this staff report.
An EIS has been submitted and is not consistent with Policy 6.1.8 since the EIS document
lacks important technical aspects, therefore it is not sufficient. Staff has requested
complementary explanation about the information contained in the EIS document and the
applicant has declined the opportunity to provide the requested information and required
that the EIS document be reviewed by the EAC.
A wildlife survey for listed species in accordance with Policy 7.1.2 is included, no evidence
of listed species was observed during the survey. Staff conducted site visit to verify existing
vegetation and FLUCFCS code and existing listed species and wildlife onsite.
VI. MAJOR ISSUES
A.
Stormwater Manaaement
Esperanza Place was submitted to SFWMD on 7 Feb 2008 and
Environmental Resource Permit (Application Number 080207-26).
Additional Information letter (RAI) was sent out by SFWMD on 7 Mar 08.
processed for an
The Request for
Section 8.06.03 0.2. of the Collier County Land Development Code states "The surface
water management aspects of any petition, that is or will be reviewed and permitted by
South Florida Water Management District (SFWMD), are exempt from review by the EAC
except to evaluate the criteria for allowing treated stormwater to be discharged into
Preserves as allowed in Section 3.05.07."
Since this project does not intend using preserves for stormwater treatment, the watet
management aspects are exempt from review by the EAC.
For the record, the project uses a standard stormwater management design employing
interconnected swales, catch basins, culverts, and wet detention areas to achieve water
quality detention and peak flow attenuation. A seven page set of the permit plans can be
accessed on the SFWMD website. The drawings show discharge into the Immokalee Drive
swale.
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B. Environmental
1. Site DescriDtion
The site comprises :t31.70 acres and although it has been partially cleared some of the
existing trees are remnant specimens from the vegetation that originally occurred on site.
The upland vegetation canopy is composed of mature slash pines (Pinus elliottl) and other
associated upland species such as live oak (Quercus virginiana). The secondary strata is
composed of winged sumac (Rhus copallina), cabbage palm (Sabal palmetto), Paw-paw
(Asimina reticulata ) etc. There is a wetland area :t 1. 7 acres located at the southeast portion
of the site; the existing vegetation is composed of Carolina willow (Salix caroliniana),
primrose willow (Ludwigia peruviana), swamp fern (Blencnum serrlantum), and other native
species.
The historic aerials reveal that native vegetation on site has been cleared on different
occasions and years without obtaining the necessary permits and/or documents for the
removal of native vegetation. According to the applicant the site has been used for row
crop production and eventually, the entire parcel was used for cattle production/grazing.
Currently the site is vegetated with some scattered slash pines, oaks and cabbage palms
and the ground cover consists of bahiagrass and native ground cover species, additional
information on existing vegetation can be seen on the EIS exhibit "FLUCCS code vegetation
inventory". Approximately, 121 Slash pines and 11 oaks were identified on site according to
the tree inventory provided by the applicant.
Soil types on site are mostly non-hydric soils composed by Myakka Fine Sand; Urban Land
- Immokalee - Oldsmar; Limestone Substratum, Complex; Pomella fine sand. At the area
where the wetland is located the soil is hydric: Chobee, winder and Gator Soils,
Depressional.
The subject parcels have two single family residences within the project boundary.
2. Wetlands
As required by policy 6.2.1 and 6.2.2, the South Florida Water Management District
(SFWMD) will conduct a site visit and field vetify the wetland jurisdictional boundaries for
the proposed project.
The :t 1.73 acres onsite wetland area has been partially impacted and the offsite portion of
this wetland has been completely impacted. Existing native vegetation onsite is composed
of: Carolina willow (Salix caroliniana), Primorose willow (Ludwigia peruviana), Swamp fern
(Blechnum serrulatum), Wax myrtle (Myrica cerfera), Broom sedge (Andropogon virginicus),
etc.
Please see more details on the FLUCFCS code map provided as exhibit "FLUCCS code
vegetation inventory". The project as proposed will impact 100% onsite wetland and the
appropriate wetland permits will be necessary prior to the next development order approval.
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3. Preservation Reauirements
Despite of providing the following statement "since this project does not have any native
habitats a tree count was conducted." The applicant did not provide enough scientific
evidence to sustain this statement. After several meetings between the applicant and staff,
William Lorenz Engineering and Environmental Services Department Director wrote a letter
in which it is stated that "vegetation retention requirement will be based on the vegetation
currently on site since there is little change from aerials in 1997 to today", the referred lettet
is the EIS document Exhibit "Environmental Services Director Letter".
Staff has requested the EIS to be revised to elaborate and justify their statements regarding
why the native vegetation present on site should not be pteserved. The applicant has
declined and decided that the EIS document is sufficient for the EAC review.
4. Listed Species
A Listed Species Survey is included as Exhibit "Listed Species Survey" in the EIS
document. No evidence of listed species was observed during the survey. Since the site is
located within the Black Bear habitat range a Florida Black Bear Management Plan is
required and is included in the EIS as Exhibit "Black Bear Management Plan".
VII. RECOMMENDATIONS
Staff recommends not approving the EIS for Esperanza Place PUDZ AR-12581 for the
following reasons:
Stormwater Manaaement:
None
Environmental:
1. Staff recommends the EIS be revised to include the justification of the applicant's
contention that no preservation is requited. The EIS does not demonstrate compliance with
CCME Policy 6.1.1(1) "For the purpose of this policy, native vegetation is defined as a
vegetative community having 25% or more canopy coverage or highest existing vegetative
strata of native plant species. The vegetation retention requirements specified in this pOlicy
are calculated based on the amount of native vegetation that conforms to this definition."
2. If the EAC deems the EIS sufficient and recommend approval, staff recommends the
fOllowing condition of approval:
After the Fact Vegetation Removal/Clearing is required in order for historical clearing
without permit to be in compliance with required native preservation. For this site staff
knows that 2 acres for each existing house and:!: 4 acres were legally cleared from the site.
Applicant has to provide calculation in the EIS document and include the After the Fact
Vegetation Removal/Clearing total acreage in the PUD exhibits.
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3. Preservation Reauirements
Despite of providing the following statement "since this project does not have any native
habitats a tree count was conducted." The applicant did not provide enough scientific
evidence to sustain this statement. After several meetings between the applicant and staff,
William Lorenz Engineering and Environmental Services Department Director wrote a letter
in which it is stated that "vegetation retention requirement will be based on the vegetation
currentfy on site since there is little change from aerials in 1997 to today", the referred letter
is the EIS document Exhibit "Environmental Services Director Letter".
Staff has requested the EIS to be revised to elaborate and justify their statements and the
applicant has declined and decided that the EIS document is sufficient fot the EAC review.
4. Listed Species
A Listed Species Survey is included as Exhibit "Listed Species Survey" in the EIS
document. No evidence of listed species was observed during the survey. Since the site is
located within the Black Bear habitat range a Florida Black Bear Management Plan is
required and is included in the EIS as Exhibit "Black Bear Management Plan".
VII. RECOMMENDATIONS
Staff recommends not approving the EIS for Esperanza Place PUDZ AR-12581 for the
following reasons:
1. Stormwater Manaaement:
None
2. Environmental:
1. Staff recommends the EIS be revised to include the justification of the applicant's
contention that no preservation is required. The EIS does not demonstrate compliance with
CCME Policy 6.1.1 (1) "For the purpose of this pOlicy, native vegetation is defined as a
vegetative community having 25% or more canopy coverage or highest existing vegetative
strata of native plant species. The vegetation retention requirements specified in this policy
are calculated based on the amount of native vegetation that conforms to this definition."
2.1 Condition ofapproval:
After the Fact Vegetation Removal/Clearing is required in order for historical clearing
without permit to be in compliance with required native preservation. For this site staff
knows that 2 acres for each existing house and :I: 4 acres were legally cleared from the site.
Applicant has to provide calculation in the EIS document and include the After the Fact
Vegetation Removal/Clearing total acreage in the PUD exhibits.
EAe Meeting
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PREPARED BY:
'"
~.
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f i.i..- ,t.. ~.L<-.VL .' l-t_
STAN CHRZANOWSI4t; P.E.
ENGINEERING REVIEW MANAGER
ENGINEERING SERVICES DEPARTMENT
-dauctCL riofRotUiCz...
CLAUDIA PIOTROWICZ
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
mdfL~
MELISSA ZONE
PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
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iLtc,?;.
DATE
3/ t"JfOb
DATE
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DATE
EAC Meeting
16 J
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R
Page 8 of8
REVIEWED BY:
ff~~'
SUaSON
PRINCIPAL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
3 -Zt..1()?
DATE
D3-:2 /)-68
ILLlAM D. LORENZ, Jr, PE. DATE
ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
sIt' / O~
, ,
JEFF
ASSIS NT COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
DATE
-3~lft r
,
PH K. SCHMITT DATE
MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
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ItemVI.B
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF APRIL 2, 2008
I. NAME OF PETITIONER/PROJECT
Petition No.:
Petition Name:
Applicant/Developer:
Engineering Consultant:
Environmental Consultant:
PUD Rezone, PUDZ-2006-AR-9486
Freestate CPUD
FFT Santa Barbara I, L.L.C. and FFT
Santa Barbara II, L.L.C.
a. Grady Minor & Associates, PA
Passarella & Associates
II. LOCATION
The subject 16.8:1: acre property is located on the south west cotner of Davis
Boulevard (SR 84) and the future Santa Barbara Boulevard Extension. The
subject property is located in Section 8, Township 50 South, Range 26 East,
Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES
The proposed Planned Unit Development (PUD) is bordered by Berkshite Lakes
Development of Regional Impact (DRI) to the north, Agricultute zoning with a
proposed Taormina Reserve MPUD to the east, and Falling Waters PUD to the
south and west.
ZONING
DESCRIPTION
North:
Berkshire Lakes
Development of
Regional Impact (DRI)
Davis Boulevard (SR 84)
then commercial and residential
development.
East.
Agriculture
(proposed Taormina
Reserve MPUD)
Santa Barbara Boulevard
Extension, vacant and
undeveloped.
South:
Falling Waters PUD
Residential development.
West:
Falling Waters PUD
Residential development.
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IV. PROJECT DESCRIPTION
The Freestate CPUD is a proposed 16.8:1: acre commercial development
consisting of up to 150,000 square feet of commercial/office land uses.
Approximately 2.9 :I: acres of right-of-way for the extension of Santa Barbara
Boulevard have been previously donated to Collier County. The Conceptual
Master Plan depicts the location of buildings, parking areas, landscape areas,
storm water management areas and 2.5:1: acres of native vegetation preservation
area, which is located immediately adjacent to the native preservation area of the
neighboring Falling Waters PUD.
V. GROWTH MANAGEMENT PLAN CONSISTENCY
A. Future Land Use Element:
The subject property is designated Urban (Utban Commercial District, Mixed Use
Activity Center Subdistrict), the site is located within Activity Center #6, as
identified on the Future Land Use Map of the Growth Management Plan.
Relevant to this petition, the Mixed Use Activity Center Subdistrict permits the full
array of commercial uses allowed in C-1 through C-5 zoning districts and up to
16 residential units per gross acre may be permitted. In addition, Activity Center
#6 is specifically designated as an Activity Center that is eligible for up to 100%,
or any combinations thereof, each of the following uses: commercial, residential
and/or community facilities.
The Mixed Use Activity Center states, in part: "Mixed Use Activity Centers are
intended to be mixed-use in character. The actual mix of the various land
uses...shall be determined during the rezoning process based on considerations
of the factors set-forth in the Mixed Use Activity Center Subdistrict."
"Mixed use developments- whether consisting of residential units located above
commercial uses, in an attached building, or in a freestanding building are
allowed. Such mixed-use projects are intended to be developed at a human-
scale, pedestrian-oriented, and interconnected with adjacent ptojects-whether
commercial or residential. Street, pedestrian pathway and bike lane
interconnections with adjacent properties, where possible and practicable, are
encouraged. Density is calculated based upon the gross acreage within the
Activity Center. If such a project is located within the boundaries of a Mixed Use
Activity Center which is not within the Urban Residential Fringe Subdistrict, and
is not within the Coastal High Hazard Area, the eligible density is sixteen units
per acre."
The total project acreage is approximately 19.7 acres and lies completely within
the Activity Center boundaries. Approximately 2.9 acres is reserved for the
futute Santa Barbara Boulevard right-of-way.
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Factors to consider during review of a rezone petition are as follows:
· Rezones within Mixed Use Activity Centers are encouraged to be in the
form of a Planned Unit Development. There shall be no minimum acreage
limitation for such Planned Unit Developments except requests for rezoning must
meet the requirements for rezoning in the land Development Code. (The project
was submitted as a Commercial Planned Unit Development.)
. The amount, type and location of existing zoned commercial land, and
developed commercial uses, within the Mixed Use Activity Center and within two
road miles of Mixed Use Activity Center. (The proposed development is located
within Activity Center #6. The defined atea contains supermatkets, convenience
stores, institutional uses and various other retail uses that are consistent with the
C-2 to C-5 commercial zoning district. In addition, the subject site is cutrently
zoned C-2 and C-4.)
. Market demand and service area for the proposed commercial land uses
to be used as a guide to explore the feasibility of the requested land uses. (No
market study was submitted with this application nor required by staff, as the site
is presently zoned C-2 and C-4. Further, the PUD document proposes retail,
office, professional and business service uses, most of which are allowed in C-2
and C-4 zoning district.)
. Existing patterns of land use within the Mixed Use Activity Center and
within two radial miles. (There is a variety of existing land uses within Activity
Center #6 and inclusive of two radial miles, including commercial, residential
single-family, residential multi-family, institutional (e.g. church, school,
governmental uses) and mixed-use.)
· Adequacy of infrastructure capacity, particularly roads. (Project proposes
access to Davis Boulevard and the future Santa Barbara Boulevard.
Transportation Planning Department will review this petition for adequate road
capacity.)
. Compatibility of the proposed development with, and adequacy of
buffering for, adjoining properties. (Comprehensive Planning staff defers the
compatibility determination to the Department of Zoning and land Development
Review staff as part of their review of this petition in its entirety. However, the
PUD Master Plan proposes the commercial component to front along Davis
Boulevard and Santa Barbara Blvd. extension. The preservation area is
proposed to abut the Falling Waters PUD to the west.)
. Natural or man-made constraints. (The site contains some wetlands,
which will be preserved.)
. Rezoning criteria identified in the land Development Code.
(Comprehensive Planning defers to the Zoning and land Development Review
Department for this review.)
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. Conformance with Access Management Plan provisions for Mixed Use
Activity Centers contained in the Land Development Code. (Comprehensive
Planning defers to the Transportation Planning Department for review of access
and traffic circulation issues and requirements.)
. Cootdinate traffic flow on-site, as may be demonstrated by a Traffic
Impact Analysis, and a site plan/master plan indicating on-site traffic movements,
access point location and type, median opening locations and type on the
abutting roadway(s), location of traffic signals on the abutting roadway(s), and
internal and external vehicular and pedestrian interconnections. (Detailed traffic
review is performed by the Transportation Planning Department.)
. Interconnection(s) for pedestrian, bicycles and motor vehicles with
existing and future adjacent projects. (The project proposes vehicular and
pedestrian interconnects between the commercial components of the project, but
does not propose any interconnections to the adjacent Falling Waters PUD,
which is a fully developed, gated community of which a physical interconnect is
not possible.)
. Conformance with architectural design standards as identified in the Land
Development Code. (PUD Exhibit B "Residential Development Standards,"
provides that 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)
FLUE Policy 5.4 requires new developments to be compatible with the
surtounding land area. Comprehensive Planning leaves this determination to
Zoning and Land Development Review as part of their review of the petition in its
entitety. However, staff would note that in teviewing the appropriateness of the
requested uses/densities on the subject site, the compatibility analysis might
include a review of both the subject proposal and surrounding or nearby
properties as to allowed use intensities and densities, development standards
(building heights, setbacks, landscape buffers, etc.), building mass, building
location, traffic generation/attraction, etc.
In order to promote smart growth policies, and adhere to the existing
development character of Collier County, the following policies shall be
implemented for new development and redevelopment projects, where
applicable.
Policy 7.1
The County shall encourage developers and property owners to connect their
properties to fronting collector and arterial roads, except where no such
connection can be made without violating intersection spacing requirements of
the Land Development Code. (The PUD Master Plan depicts access to Davis
Blvd. and Santa Barbara Blvd. Extension, also provided in the Project Narrative
and Growth Management Consistency document)
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Policy 7.2
The County shall encourage internal accesses or loop roads in an effort to help
reduce vehicle congestion on nearby collector and arterial roads and minimize
the need for traffic signals. (Provided for in the Growth Management Plan
narrative, though not fully explained; however the PUD Master Plan depicts
internal connection between the commercial components.)
Policy 7.3
All new and existing developments shall be encouraged to connect their local
streets and their interconnection point with adjoining neighborhoods or other
developments regardless of land use type. (The PUD does not provide fot
interconnections with adjoining developments. The only adjacent development is
Falling Watets PUD, which is a fully developed, gated community of which a
physical interconnect is not possible, given its development status. This is
addressed in the revised Growth Management narrative.)
Based upon the above analysis, staff concludes the proposed CPUD may be
deemed consistent with the Future Land Use Element (FLUE).
B. Conservation & Coastal Manaaement Element
Objective 2.2 of the Conservation and Coastal Management Element of the
Growth Management Plan states "All canals, rivers, and flow ways discharging
into estuaries shall meet all applicable federal, state, or local water quality
standards.
To accomplish that, policy 2.2.2 states "In order to limit the specific and
cumulative impacts of stormwater runoff, stormwater systems should be
designed in such a way that discharged water does not degrade receiving waters
and an attempt is made to enhance the timing, quantity, and quality of fresh
water (discharge) to the estuarine system.
The Project as proposed is consistent with the policies in Objective 6.1 and 6.2
of the Conservation and Coastal Management Element, for the following
reasons:
A total of 2.57:1: acre (15 percent) of the site will be retained and set aside as a
preserve area with a conservation easement ptohibiting further development.
The Preserve area is adjacent to the pteserve bordering the property in Falling
Waters and is the largest, most contiguous area, containing the best quality
wetlands on the site. Wetland and upland management will include the removal
of exotic and nuisance vegetation, as required by the LDC. Selection of
pteservation ateas are consistent with the criteria listed in Policy 6.1.1.
A preserve area management plan will be required at the time of Site
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Page60fll
Development Plan {SDP)/Construction Plan Submittal. Preserve areas shall be
required to be maintained free of Category I invasive exotic plants, as defined by
the Flotida Exotic Pest Plant Council.
The requirement for an ErS pursuant to Policy 6.1.8 has been satisfied.
Jurisdictional wetlands have been identified as required in Policies 6.2.1 and
6.2.2. Agency permits will be required at the time of SOP/Construction Plan
submittal. As stated in Policies 6.2.3 and 6.2.4, where permits issued by
jurisdictional agencies allow for impacts to wetlands within the urban designation
and require mitigation for such impacts, this shall be deemed to meet the
objective of protection and conservation of wetlands and the natural functions of
wetlands within this area. The area to be preserved will remain as pteserve
areas and will be placed under a Conservation Easement to the state and Collier
County.
In accordance with Policy 6.2.6, required preservation areas are identified on the
mastet site plan. Uses within preserve areas shall not include any activity
detrimental to drainage, flood control, water conservation, erosion control, or fish
and wildlife conservation and preservation.
In accordance with Policy 7.1.2, a listed species and Big Cyptess fox squirrel
(Sciurus niger avicennia) survey was conducted on the property; no listed
species, or their signs, were observed on the property during the survey (Exhibit
I of the ErS document). RCW nesting and non-nesting season surveys have
been conducted on-site from April 19 through May 12, 2005 and November 11
through 25, 2005, respectively. No Red Cockaded Woodpecker (Picoides
borealis) was observed during the RCW surveys, the property was surveyed for
all listed species, including wading birds. The RCW surveys were conducted for
one hour after sunrise and ending four hours past sunrise at tandomly located
observations stations over the entire site. Sufficient time was spent during the
RCW surveys to meet Policy 7.1.2 and the wading bird survey requirements.
However, update RCW survey will be required prior to the SOP approval.
In accordance with Policy 11.1.2, correspondence has been received from the
Florida Department of State Division of Historical Resources (DHR) regarding
historical, archaeological, or cultural resources that may be present on the
Project. No significant archaeological or historical resources are recorded within
the Project area. A copy of this correspondence is enclosed as Exhibit J.
VI. MAJOR ISSUES
A. Stormwater Manaaement
Section 8.06.03 0.2. of the Collier County Land Development Code states "The
surface water management aspects of any petition, that is or will be reviewed
and permitted by South Florida Water Management District (SFWMD), are
exempt from review by the EAC except to evaluate the criteria for allowing
treated stormwater to be discharged into Preserves as allowed in Section
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Page 7 of 11
3.05.07." In the EIS, the petitioner states his intention to make the Preserves a
part of the stromwater treatment system.
Freestate PUD was submitted to SFWMD on 13 Jan 2005 as Application
Number 050113-15 and the latest dtawings and calculations can be accessed on
the SFWMD website by clicking on the application number. There appatently
has been some discussion as to whether the discharge will be to the southeast
into the Santa Barbara road system or toward the northwest into the Davis Blvd
canal. The petitioner will address this in his presentation and County staff will
defer to SFWMD for the final route of the offsite discharge. The project has
received four Requests for Additional Information (RAI) and two Extension
Letters (EXT) from SFWMD with the last RAI being sent out on 6 Mar 08.
The project has alteady been submitted for Site Development Plan approval, but
this review is for the rezoning process. The project sits in the Lely Canal Basin
and according to Collier County Ordinance 2001-27 it has a maximum allowable
discharge rate of 0.06 cfs per acre.
The project employs a standard design of connecting wet and dry detention
areas and a preserve to achieve water quality detention and peak flow
attenuation.
B. Environmental
1. Site DescriDtion
The Freestate MPUD is 16.76:1: acres and is located at the southwest corner of
Davis Boulevard and Santa Barbara Boulevard in south Naples. The Project's
surrounding land uses are a mixture of residential developments; undeveloped,
disturbed land; and commercial developments.
The proposed Project includes a commercial development and 2.5:1: acres of
native vegetation pteserve along the western portion of the site. The required
preserve requirements for the commercial development total 15 percent of the
Project's total native vegetation, or 2.5:1: acres. The actual native vegetation
preserve consists of 2.38:1: acres of wetlands and 0.19:1: acre of uplands.
The proposed surface water management plan will incorporate best
management practices including water management areas for water treatment
and storage prior to discharge to the east to the future Santa Barbara Boulevard
area and flow southward. The system will be designed utilizing both wet and dry
detention system. The detention system will provide for the treatment and
storage for the 16.76:1: acre site, less the 2.57:1: acre preserve (I.e., 14.19:1:
acres) .
The operation of the proposed storm water management system may include the
collection of surface water runoff by catch basins and closed pipe systems that
convey the runoff to the wet detention areas. The site proposes one storm water
management lake for watet quality treatment. Additional storage will be provided
through the dry detention area and the wetland preserve areas. Water quality
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Page80fll
will be achieved before any flow is permitted to entet the pteserve ateas. Once
water quality treatment has been achieved, all discharge will occur through
control structures located on the east side of the Project near the future Santa
Barbara Boulevard.
The site consists mostly of Pineda Fine Sand, Limestone Substratum with some
Boca Fine Sand. The average dry season water table elevation is estimated to
be at 7.0:1: feet NGVD. The proposed control elevation of the project will be 9.7:1:
feet NGVD, which is consistent with the neighboting Falling Watets development
to the west.
2. Wetlands
The Project area contains 13.32:1: acres of Collier County/South Florida Water
Management District (SFWMD) jurisdictional wetlands and no "other surface
waters" (OSW). The wetland lines were previously approved in the field by Lisa
Earhart of the SFWMD on December 10, 1998 and re-verified by Krista Gentile
of the SFWMD on August 27, 2004. A copy of the South Florida Water
Management District (SFWMD) wetland jurisdiction determination and sign-off
map is provided as Exhibit L of the EIS document.
The U.S. Army Corps of Engineers (COE) jurisdictional wetlands were field
reviewed by Skip Bergmann on December 11, 1998 and re-verified by Robert
Tewis on February 17, 2005.
Approximately 10.94:1: acres or 82 percent of the wetlands onsite are ptoposed to
be impacted by the Project. The proposed wetland impacts are summarized in
Table 6 and are illusttated on the Wetland Impact Map enclosed as Exhibit 0 of
the EIS document.
3. Preservation Reauirements
The proposed Project includes a commerciai development and 2.5:1: acres of
native vegetation preserve along the western portion of the site. The required
preserve requirements for the commercial development total 15 percent of the
Project's total native vegetation, or 2.5:1: acres. The actual native vegetation
preserve consists of 2.38:1: acres of wetlands and 0.19:1: acre of uplands.
Staff has conducted a site visit to verify existing vegetation and FLUCFCS code,
the best habitat for preserve selection and existing listed species and wildlife
onsite. Another site visit will be conducted by staff during the Conservation
Easement review.
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Page 9 of 1 ]
4. Listed Species
A listed species survey was conducted on the property on March 4, 2004, and
updated on April 23, 2007. Additional observations were made on January 21,
2004, June 22, 2004, July 13, 2004, and July 30, 2004. The updated listed
species survey report is included as Exhibit I of the EIS document. Red
Cockaded Woodpecker - RCW nesting and non-nesting season surveys have
also been conducted onsite from April 29 through May 12, 2005 and from
November 11 through 23, 2005, respectively. Copies of the RCW surveys are
provided as Exhibit R of the EIS document.
No listed species were observed during the listed species survey, additional
observation dates or RCW nesting and non-nesting season surveys. During the
RCW surveys, the property was surveyed for all listed species including wading
birds. The RCW surveys were conducted for one hour after sunrise and ending
four hours past sunrise at randomly located observation stations over the entire
site. Sufficient time was spent during the RCW surveys to meet the wading bird
survey requirements.
Listed species issue for this project was discussed during the interagency
meeting and since the site is within RCWs habitat the biologist form Southwest
Florida Regional Planning Council recommended a full nesting and foraging
RCW survey prior to any vegetation removal.
VII. RECOMMENDATIONS
Staff recommends approval of Freestate CPUD PUDZ-2006-AR-9486 with the
following conditions:
Stormwater Manaaement:
None
Environmental:
The following items will be required prior to the Site Development Plan
approval:
1) Approved preserve management plan and Conservation Easement
2) Florida Black Beat Management Plan
3) Provide a Big Cypress Squirrel survey prior to any vegetation removal
4) Big Cypress Squirrel protective plan
5) A full nesting and foraging RCW survey prior to any vegetation removal,
unless written technical assistance from Florida Fish and Wildlife
Conservation Commission (FFWCC) and US Fish and Wildlife Service
(FWS) indicate otherwise.
EAC Meeting
Page 100fl1
PREPARED BY:
Ir
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ENGINEERING R IEW MANAGER
ENGINEERING SERVICES DEPARTMENT
elrwdJ..Q... 'P;O-rnGWCCl.
CLAUDIA PIOTROWICZ
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
~'
NANCY GU C
PRINCIPAL N ER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
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I~' ,VVtt{ 4ZC~~~Q:
DATE
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DATE
3- I ttJ'oB
DATE
EAC Meeting
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REVIEWED BY:
SON
AL ENVIRONMENTAL SPECIALIST
IRONMENTAL SERVICES DEPARTMENT
3-aJ .tJtf'
DATE
-lId! c~~ 3-20-08
~. LOR Z, Jr., .E. DATE
ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
,
IGH
NT COUNTY ATTORNEY
OF THE COLLIER COUNTY ATTORNEY
~/l'f lo~
DATE '
APPROVED BY:
~I)s~
J S PH K. SCHMITT DAT~
o MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
- ~~N~ t
~I:II:S ~~~'rfi~= March l.[~CIfI)1ED
~~ennlf1g .,:~ APR 0 3 2008
C~~~8 ~MfNUTES OF THE MEETING OF THE COLLIER COUNTOyofcountycomm;ss,oners
FIRE REVIEW TASK FORCE
Naples, Florida, March 14,2008
LET IT BE REMEMBERED, that the Collier County Fire Review Task
Force, in and for the County of Collier, having conducted business herein,
Met on this date at 1:00 P.M. in REGULAR SESSION at the Collier
County Community Development Environmental Services
Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida,
With the following members present:
CHAIRMAN: Bradley Schiffer
VICE CHAIRMAN: William Varian
Gary Beaumont
James Boughton
Dalas Disney
J. Christopher Lombardo
(excused)
William Schreck
Chuck McMahon(absent)
Angela Davis (excused)
ALSO PRESENT: Bob Dunn, Interim Building Official
Jeff Wright, Assistant County Attorney
Paula Brethauer, Operations Analyst
Joe Schmitt, Adminstrator, CDES
Misc. Cooes:
Date:
!!em.Jl"ll A II
t-1':itc
~
March lJzO 1 1 A
I. Call Meeting to Order
The meeting was called to order at 1 :01 PM by Chairman Schiffer
The following Fire District Personnel Representatives were present: Ed Riley,
Fire Code Official; Bob Salvaggio, Fire Code Official; Nick Biondo, East Naples
Fire Marshal.
II. Roll Call
Roll Call was taken and a quorum was established.
III. Approval of Agenda
Mr. Varian moved to approve the agenda. Second by Mr. Schreck. Carried
unanimously 6-0.
IV. Approval of Minutes
A. March 7, 2008
Mr. Varian moved to approve the minutes of the March 7,2008 meeting.
Second by Mr. Disney. Carried unanimously 6-0.
V. Old Business: (topics from past meetings)
A. Water Supply
None
B. Alarm Systems and Monitoring
Mr. Beaumont stated that he reviewed the last 3 months permit application for
Fire Alarms and Monitoring permits. He noted the approval rate for the first
submittals for Fire Alarm Permits as the following: December - 38%; January -
26%; February - 42%; total 3 month rate - 35%. Thirty three percent of these
first time approvals were applications submitted by one particular contractor.
C. Permit InspectionlProcess
None
D. Florida Administrative Code 61G15.32 Process
None
E. Fire Sprinkler
None
F. Building Official and Fire Official areas of Governing Code review
None
G. Design Professionals interface with the Fire Official Office
None
H. General & Sub Contractors interface with the Fire Official Office
None
I. Fire Districts
None
J. Collier Local Amendments to the Florida Fire Prevention Code
None
VI. New Business
2
March l~~ I 1 A
A. Friday March 7, 2008 IPM - SPM
. Review Power Point Presentation for BCC Workshop
The Task Force reviewed the Final Report entitled "Board of County Commissioners
and Fire Review Task Force - March I8, 2008 Workshop" as well as the Power Point
presentation that will be presented to the Board of County Commissioners. The Task
Force assigned the Topic numbers to individual Task Force members for presentation
to the Commissioners.
TOPIC I - Florida Building & Fire Codes - Brad Schiffer
TOPIC 2 - Early Work Starts & Phase Permits - Bill Schreck
TOPIC 3 - 61 G 15 Revicws - Jim Boughton
TOPIC 4 - Permit Process & Plan Review - Bill Varian & Design Professionals
TOPIC 5 - Private Providers - Bill Schreck
TOPIC 6 - Revisions - Bill Varian
TOPIC 7 - Inspections - Bill Varian
TOPIC 8 - Technology - Dalas Disney
TOPIC 9 - Fire Alarms & Monitoring - Gary Beaumont
TOPIC 10- Design Professionals - Brad Schiffer
TOPIC II - Interface with Fire Code Oflicials Office - Dalas Disney
TOPIC 12 - Simultaneous Review & SDP Process - Jim Boughton
TOPIC 13 - Water Flow - Jim Boughton
TOPIC 14 - Sprinkler Requirements for Collier County Parking Garage - Brad
Schiffer
TOPIC 15 - Fire Code Officials Areas of Concern - Chuck McMahon or Angela
Davis
TOPIC 16 - Areas of Buildings - Brad Schiffer
TOPIC 17 - Local Amendments to the Florida Fire Prevention Code - Brad
Schiffer/Jeff Wright
TOPIC 18 - Collier County Board of County Commissioners - Brad Schiffer
It was noted that an Errata list will be prepared for insertion into the Report clarifying
or correcting any issues. The Task Force noted the following changes to the Final
Report to be included in the list:
13. TOPIC: WATER FLOW
1. Page 7 - ISSUE: line #3 from "minimum standards" to "minirnum
domestic water standards"
2. Page 8 - RECOMMENDATION: line 5-9 strike through "Field impection
revisions..... ..state adopted code. "
Ed Riley, Fire Code Official stated that he appreciated the professional manner in
which this Task Force conducted business, with everyone involved being able to
speak and voice concerns in an open forum.
Bob Dunn, Interim Building Official agreed with Ed Riley and noted his
Department is working hard to intcgrate any proposed changes.
3
..~
VII. Public Comments
None
VIII. Review of future meetings/topics
A. Tuesday, March 18,2008 9AM - Noon
BCC/Fire Review Task Force Workshop
March 14.106 1 1 A
There being no further business for the good of the County, the meeting was
adjourned by order of the chair at 2:15 P. .
Collier ounty Fire Review Task Force
Bradley Schiffer, Chairman
These minutes approved by the Board/Committee n
as presented or as amended
4
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161
RECEIVED
f'W 7 2008
i. Boarct of County Commissioners
IHI.\H\\\ ....\NIIIIR\IN \{,! \1.~,I.1 .
ADVISORY COMMITTEE
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
April 9, 2008
Aaenda
I. Call to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes - March 12, 2008
V. Transportation Services Report
A. Budget - Caroline Soto
B. Project Manager Report - Darryl Richard, Chris Tillman!
Malcome Pirine
VI. Old Business
VI. New Business
VII. Public Comments
VIII. Adjournment
The next meeting will be on May 14, 2008 10:00 a.m.
Collier County Transportation Building, East Conference Room
2885 Horseshoe Drive South
Naples, FL 34104
Mise Corres:
Date
Item# /(0 II A [7-
1
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ADVISORY COMMITTEE
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
SUMMARY OF MINUTES & MOTIONS
March 12, 2008
III. Approval of Agenda
Add: V. A. 1 Approval FY09 Budget
C. Reappointment of Committee Member
George Fogg moved to approve the Agenda as amended. Second by
William Seabury. Motion carried unanimously 5-0.
IV. Approval of Minutes - February 13, 2008
George Fogg moved to approve the Minutes as submitted. Second
by William Seabury. Motion carried unanimously 5-0.
V. Transportation Services
A. 1. Approval FY09 Budget - Darryl Richard distributed. (See
attached)
George Fogg questioned the reduction in the Forecast FY08
Revenue $294,400 (FY08 adopted Budget $818,312.)
Discussions ensued and it was noted that the 4.0 Millage was split
between Debt Service (2.7532) for Bond Issue and Revenue
(1.2468) for Operating Budget. (See attached FY09 Budget pg 2)
William Seabury moved to approve the Budget as presented.
Second by George Fogg. Motion carried unanimously 5-0.
C. Appointment of Committee Member - Tessie Sillery distributed the
Application submitted by George Fogg for reappointment to the
Committee
Bob Jones made the recommendation to accept George Fogg's
application to remain on the Board for another term. Second by
William Seabury. Motion carried unanimously 5-0.
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ADVISORY COMMITTEE
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
March 12, 2008
Minutes
I. Meeting was called to order at 10:02 a.m. by Robert Jones. Quorum
was established.
II. Attendance
Members: Harold Bergdoll, William Seabury, George Fogg, Robert Jones,
Virginia Donovan
County: Tessie Sillery - Operations Coordinator, Darryl Richard - Project
Manager, Caroline Soto-Budget Analyst
Other: Darlene Lafferty - Mancan
III. Approval of Agenda
Add: V. A. 1 Approval FY09 Budget
C. Reappointment of Committee Member
George Fogg moved to approve the Agenda as amended. Second by
William Seabury. Motion carried unanimously 5-0.
IV. Approval of Minutes - February 13, 2008
George Fogg moved to approve the Minutes as submitted. Second
by William Seabury. Motion carried unanimously 5-0.
V. Transportation Services
A. Budget - Caroline Soto distributed and reviewed the Budget Report.
(See attached)
. Remaining open P.O.s $48,712.48
. Surveying Fees were moved to Improvements General
. Improvements General $3,298,594.50
Darryl Richard distributed an Adjusted Balance Sheet (Unaudited)
from Derrick Johnson I Clerk of Courts. (See attached)
Discussions ensued and it was noted that the Report reflects the Bond
information that was requested by the Committee.
It was requested that Derrick Johnson attend the March 12, 2008
meeting to review the Report with the Committee.
A.1 Approval FY09 Budget - Darryl Richard distributed. (See attached)
1
161 1 A
He reviewed the following:
o Other Contractual Services - for Ongoing Services (i.e. Pot hole
repairs)
o FY09 Street Lighting & Other Improvements $1,000,000 - Can be
utilized for other Project activity
o FY08 Improvements General $2,500,000 - Recommended by Chris
Tilman for current Projects (out to bid)
Discussions ensued concerning repayment of the Bond Issue. It
was noted that there is a prepayment penalty.
Bob Jones suggested a reduction in the Millage Rate to counter
balance a prepayment penalty when majority of the Projects are
completed.
Virginia Donovan suggested taking advantage of the reduced
Labor Cost for future Projects.
o FY09 Reserves for Contingency $1,422,600 - Can be utilized for
Project Activity
George Fogg questioned the reduction in the Forecast FY08
Revenue $294,400 (FY08 adopted Budget $818,312.)
Mark Isackson (via Conference call) response was as follows:
>> The combination of Debt Service and Operating is equivalent to
4.0 Millage
>> Principal and Interest for the Debt Service (Bond Issue) is paid
from a separate Fund 259
Discussions ensued and it was noted that the 4.0 Millage was split
between Debt Service (2.7532) for Bond Issue and Revenue
(1.2468) for Operating Budget. (See attached FY09 Budget pg 2)
>> Taxable Value numbers will be available June 1, 2008.
Estimated Ad Valorem Taxable Values were applied to FY09
Budget.
William Seabury moved to approve the Budget as presented.
Second by George Fogg. Motion carried unanimously 5-0.
B. Project Manager Report - Darryl Richard I Chris Tilman - Malcome
Pirnie - reviewed Forest Lakes Project Status
. (F-50) Project 6b - P.O. issued for Phase II
. (F-49) Project 6a - Obtaining Swale quotes
. (F-4?) Project 4 - Obtaining quotes
. (F-38) Project 3d - Notice to Proceed was issued to a. Grady
Minor
. (F-45) Project 3c and (F-44) Project 3b - Obtaining quotes
. (F-42) Project 2 - Signed Work Order has not been received from
Better Roads
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. (F-41) Project 1 band (F-40) Project 1 c - Contractor Solicitation has
been postponed until 5-1-08
Harold Bergdoll noted large Potholes at Quail Forest entrance
(next to the Club House.)
Darryl Richard will notify Bonness.
George Fogg questioned an Additional Services Contract with
RWA. (See attached)
Discussions ensued and it was determined that additional
information if required.
C. Appointment of Committee Member - Tessie Sillery distributed the
Application submitted by George Fogg for reappointment to the
Committee
Bob Jones made the recommendation to accept George Fogg's
application to remain on the Board for another term. Second by
William Seabury. Motion carried unanimously 5-0.
Bob Jones expressed concern that the short cut being used by
pedestrians is a Liability issue.
It was recommended to install a Prescriptive Easement Annually for 1
week.
Discussions ensued and it was agreed that the Legal Liability should
be determined before any action is taken.
George Fogg moved to have County Legal check Liability on
Woodshire Lane cut through to shopping center issue. Second
by William Seabury. Motion carried unanimously 5-0.
Discussions ensued concerning Traffic Violations and Speed Zones.
Darryl Richard reported Road Rage activity in Forest Lakes.
It was recommended to request increased Patrols by the Sheriff's
Department. Harold Bergdoll was appointed as the point of contact.
VI. Old Business
VII. New Business
VIII. Public Comments - None
IX. There being no further business to come before the Committee, the
meeting was adjourned by the Chair at 11:40 A.M.
3
161 lA
Forest Lakes Roadway and Drainage
MSTU Advisory Committee
~* f-\ ~
c~
Robert Jones, Chairman
These minutes approved by the Committee on
as presented t..--- or amended
4.- 9-- 0<(5)
The next meeting will be on April 9, 2008 10:00 a.m.
Collier County Transportation Building, East Conference Room
2885 Horseshoe Drive South
Naples, FL 34104
4
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3/12/2008
Wednesday, March 12,2008
161
lA
Prepared by:
Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes
Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation
Modes
FOREST LAKES MSTU Proiect Status
(F-50) - ACTIVE (POC: Darryl Richard, Staff Liaison; Chris Tilman, P.E. Project Management
Consultant) - PHASE II: Project 6b: March - Sept 2008; Budget $1,220,000.00 (6a, 6b, and
6c budget) Reconstruct swale at southern end
(F.50) - ACTIVE (POC: Danyl Richardt - PHASE II: Project6b: March - Sept 2008: Budge. Sl,220,OOO,00 (6a, 6b, and 6c
budget) Rec.onsIJud .wale at southern end
PROJECT PHASE
Scop. pr.p
SUlYey NTP Date
SUlYey Comple'e
Easements
o Easemelll Agreemelll Signed
. Easemelll SIItvey Compt_
o O&E Repon Completed
. Legal RevIew Completed
o BeC Approval Date
ContractorSolldtatlon
Contractor Set.cllon
County WO Procealng
MSTU Cmle Funding Approval
Ea. Construction Schedule
Final Completion Date
Stan - End Dale
3115108 - 3'31,00
iliA
iliA
Included In BCC resoln"on
3-10-08: PO issued to Malcolm Pirnie for Phase 2 Field Services.
(F-49) - ACTIVE ((POC: Darryl Richard, Statf Liaison; Chris Tilman, P.E. Project Management
Consultant) - PHASE II: Project 6a: March - Sept 2008; Budget $1,220,000.00 (6a, 6b, and
6c budget); Woodshire Lane Improvements: 6a - Improve drainage at Woodshire Lane
entrance area
I
3/12/2008
16/
lA
(F..t9) - ACIl\tE (p0C: Darryl Richard) - PHASE D: ProJed 6a: Merch - Sept 2008: Budget $1,220.000.00 (6a. 6b. and 6c
budget); Woodlhlr. Lane Improvements: 6 Improve drainage at Woocllhlre lane entrance area
PROJECT PHASE
Scop. Prep
SUMlY NTP Date
SUMlY Comple"
E..m....
. ~ Agreemeor Signed
o EaMnrent SUMlf Completed
o o&E ReportCompletod
. Legel Rw'- Comp/oled
.BeC AppfOWJ/Dare
Contractor Solicitation
Contractor Selection
County WO pro.-ng
MSTU Cmte Funding Approval
Est. Construction Schedule
Final Completion Date
Start - End Date
3i15108 _ 3131,GS
MiA
MiA
Induded In BCC Resolution
3-10-08: PO issued to Malcolm Pirnie for Phase 2 Field Services. Proposed improvement
includes extending drop curbing from the existing inlet structures north to the entrance at Pine
Ridge Road.
(F-48) - ACTIVE (((POC: Darryl Richard, Staff Liaison; Chris Tilman, P.E. Project Management
Consultant)) - PHASE I: Project 5: Forest Lakes Blvd. reliefsewer to Lake 10
3-3-08: Project suspended, will be re-evaluated after lake partitions are constructed and pond
levels drop to normal levels.
(F-47) - ACTIVE ((((POC: Darryl Richard, Stall' Liaison; Chris lilman, P.E. Project
Management Consultant)) - PHASE I: Project 4: Feb - July 2008; Overlay Forest Lakes Drive
and side streets from Forest Lakes Blvd. to south end
(F..t7)- ACTIVE (POC: Dany! Richard) - PHASE I: proJed 4: Feb - July 2008: Overlay For... Lakes Drive and side
str..ts from Fore. Laku Blvd. to south end
PROJECT PHASE
Scope Prep
Survoy NTP Date
SUlVey Complete
Easements
. Easement Agreement Signed
. EaMment SUMlf Completed
00&1: Report Completed
o Legel Relllew Completed
oBCC Approva/Dare
Contractor Solldlatlon
ContraClor Seleedon
County WO Proc_ng
MSTU Cmte Funding Approval
Est. Construction Schedule
Final Compledon Date
Stan - End Date
2!1.GS - HO.GS
3inGS _ 4i10.GS
4[11..2008
4!12..GS - S;),GS
S'20.GS - 7..20.GS
3-3-08: Malcolm Pimie presented the drainage improvements during the last condo association
meeting and is scheduling for this Wed. to discuss tech. issues.
3-5-08: Malcolm Pirnie conducted follow-up meeting with Bob Gootee and other members of the
Forest Lakes Condo Assn. to review technical aspects of proposed drainage improvements.
2
3/12/2008
161
1A
(F-38; Bond Project 3d) - ACTIVE (((POC: Darryl Richard, Staff Liaison; Chris Tilman, P.E.
Project Management Consultant)) - Forest Lakes Golf Course, Lake Bulkheads; Bond
Issue Project "3d" (Feb - Oct 2(08) Construct engineered partitions in Lakes 8 and 10;
(Engineering Estimate $500,000.00) Permitting underway through Malcolm Pirnie.
IF.J8) - ACTIVE (POC: Oanyl Rlchardj . PHASE I: proJo<t 3d: Fob. Oct 2008: Co.....uct onglnoorod pal1hlo..ln Lak..
8 and 10: (Malcolm Plrnlo Projected Budget $500.0001: Q. Grady Minor. Ooolgn Consultant
PROJECT PHASE
Ooolgn 00"" Prep
SlIIVey NTP Date
SuJVeY Complete
Easements
. EaMmorrt Agroomerrt Signed
. EaHmorrt Survey Completed
. O&E Report Complotod
. Legal Review Comptetod
. BeC Appf<WB1 DBto
SFWH) ERP App SlIbm_
SFWHl ERP Complotod
Contractor Solicitation
Conactor Se.ectlon
County WO ProcHllng
MSTU Cmto Funding Approval
Est. Co.....uctlon Schedulo
Final Complodon Oato
Start - End Ooto
3hl/08 - 5/J1,08
NJA
Included In Quail Run Easement
3!20/08
5131,jJ8
612,jJ8 - 6112,1)8
6/13;'2008
6/14,jJ8 - 7 !7/08
7/14,jJ8 - 1Of14,08
12-10-07: Q, Grady Minor submitted proposal
1-8-08: Committee approved proposal
2-4-08: Staff requested consultant to resubmit proposal- lump sum
2-6-08: Work Order in process of signatures - pending consultant to sign
2-8-08: Signed by Consultant and Budget Analyst has for signature process.
3-3-08: PO issued to Q. Grady waiting for SFWMD confirmation of permitting prior to
NTP.
3-13-08: Confirmation to proceed with issue of NTP from Malcolm Pirnie.
3-13-08: Notice to proceed issued to Q. Grady Minor.
(F-45) - ACTIVE ((((POC: Darryl Richard, Staff Liaison; Chris Tilman. 1'.1'. Project
Management Consultant)) - PHASE I: Project 3c: Feb - May 2008; Regrade Swale Nos. 12-17.
Total regrade lengtb approximately 11,289 L.F.; (Wilson Miller Projected Budget $310,000)
3
3/12/2008
161
lA
(F-45l- ACTIVE (pOC: Dany! Richard). PHASE I: pr.Ject 3c: Feb. May 2008: Regrade Swale Nos. 12.17, T.lal
regrade length appr.xlmaloly 11.289 L.F.: (WI"'n Miller pr.jected Budget $310.0001
PROJECT PHASE
Sc.pe Prep
Survey NTP Date
Survey C.mplete
E__men.
.eaoom.nlAfI_ Slflned
. Eau_ Snrwy C<>mp/oIod
. O&E Repon Complot8d
.LOfII'IR_eo~
. sec Approval DatlI
Contrac:ror Solicitation
C.n1ra""'r SeleCll.n
C.nnly WO Pr.c.-nfl
MSTU Cmto Funding Appr.val
ElL C.IlItJUClI.n Schedule
Final C.mpled.n Date
Stall. End Date
2i1... - 3..7,_
NlA
NlA
Induded In Quail Run Easement
3/11108
317/08 . 3/18108
3;20;08 .4;7 i08
$300.000 .n 119,08
4/15/08 . 5/30;08
3.3.08: Malcolm Pimie met with Quail Run management staff today to review draft scopes.
Scope packages should be completed by the end of next week and contractor solicitations will
begin after that.
3-11-08: Scope packages sent out on 3-7-08 via email to contractors for quotes. Field meetings
with contractors scheduled this week.
(F-44) - ACTIVE ((((POC: Darryl Richard, Staff Liaison; Chris Tilman. P.E. Project
Management Consultant)) - PHASE I: Project 3b: Feb - May 2008; Regrade Swale Nos. 1-6
and install culverts. Total regrade length approximately 8,415 L.F. (Wilson Miller
Projected Budget: $180,000)
(F.44j- ACTIVE (pOC: Dany! Richard', PHASE I: Pr.iect 3b: Feb. May 2008: Regrade Swale Nos. 1.6 .nd 'n..all
culvel1O. T.tal regrade length appr.xlmately8,.l15 LF, (WIlson Miller Pr.jected Budget: $180,0001
PROJECT PHASE
Scop. Prep
SUlVey NTP Date
Survey C.mplete
Easements
. Easement AfltH,...m Signed
. Eaumem SIII'IIIIY Compl<>red
. O&E Repon Completed
. LOfII'IR_eompleted
. see ApptoVal DatlI
Contractor Solldtadon
Contractor Selection
County WO Pr......ng
MSTU Crnte Funding Approval
Est. C.IlItJUClI.n Schedule
Final Completion Date
Stall. End Date
2fU18 . 3.7l08
MfA
MiA
Included In Quail RUII Easemellt
3/11.08
Hi08 - 3.18.08
3;20,118 - 4,7 i08
$200,000 .n 1.jI,08
4!15,1I8 - 5;30,08
3-3-08: Malcolm Pirnie met with Quail Run management stafftoday to review draft scopes.
Scope packages should be completed by the end of next week and contractor solicitations will
begin after that.
3-11-08: Scope packages sent out on 3-7-08 via email to contractors for quotes, field meetings
with contractors scheduled this week.
4
3/12/2008
161
1A
(F-43) - ACTIVE ((((POC: Darryl Richard, Staff I.iaison; Chris Tilman, P.E. Project
Management Consultant))) - PHASE I: Project 3a: Feb - May 2008; Quail Run Swale
Restoration and Lake Improvements: Regrade Swale Nos. 7-11 and install culverts. Total
regrade length approximately 5,974 L.F. (Wilson Miller Projected Budget: $147,000)
IF431- ACTIVE (pOC: Oanyl Rlchardl . PHASE I: ProJ.ct 3a: F.b . May 2008: Ou.1I Run Sw.l. R.storatlon .nd L.k.
Imp,ovem.nlo: R.gr.d. Sw.l. N.... 7.11 .nd I_II CUM"'" Total r.gr.d. I.ngth .pproxlmat.1y 5,974 L.F. (WIlson
Mill.' ProJ.ct.d Bndg.t: $147.0001
PROJECT PHASE
Seop. Prep
Snovoy NTP O.t.
Suovoy Compl.t.
EaMme...
. EAMmont Ag....m.nt Signed
. Eaomonl SUtvOlf Compl_
. O&E Report Compl_
. Logsl Review Complotod
o BCC Approval Date
Contr.c:tor Sollelladon
Contrilcror Se.ectlon
County WO Proeooolng
MSTU Cmto Funding Approval
Ell. Co......ctlon S....dul.
Final Completion Date
St.rt . End Oat.
2'1-'08 . 3;7,'08
MiA
iliA
Includ.d In Ouall Run Easom.nt
3/11iV8
3;7,'08 . 3/18,'08
3;20,'08 .4,7.1)8
$200.000 on 119,'08
4/15,'08 . 5/JQ/08
3-3-08: Malcolm Pimie met with Quail Run management staff today to review draft scopes.
Scope packages should be completed by the end of next week and contractor solicitations will
begin after that
3-11-08: Scope packages sent out on 3-7-08 via email to contractors for quotes. Field meetings
with contractors scheduled this week.
(F-42) - ACTIVE ((((Pac: Darryl Richard, Staff I.iaison; Chris Tilman, P.E. Project
Management Consultant)) -PHASE I: Project 2; Feb - May 2008 Overlay Quail Forest Blvd.
from Main Entrance to southern end and restore drainage; (Wilson Miller Projected
Budget: $731,000)
(F421- ACTIVE (pOC: O.nyt R1....rdl-PHASE I: ProJ.ct2: F.b . M.y 2008 Overlay Ou.i1 For... Blvd. from M.ln
Entranco to south.m .nd .nd rOltor. dr.ln.ge: (WIlson Miller Proiected Budget: $731.0001
PROJECT PHASE
Scope Prep
Survey NTP Date
Survey Complete
Ease-men1l
o EaAment Ag_ Signed
. EaAment SUtvOlf Comp_
. O&E Report Comp_
o Legal RIlllIew Comp,..od
. BCC Approl1Bl Date
(onu-actor Solicitation
Contractor Selection
County WO Proc:eeolng
MSTU Cmte Funding Approval
Est. Construction Schedule
Final Completion Dare
Start - End Date
MfA
NiA
Covered U1t4er upcoming see resolution
1;20it18 .1,31,'08
213,118 \IIe_ Roadlj
3;1,118 . 3131.
$115,000 OIl 2/13it18
3-3-08: Waiting for PO issue for Better Roads; waiting for signature from Better Roads.
3-12-08: Better Road signed work order - and mailed it to our office - have not received as
5
3/12/2008
of 3-13-08
161
lA
(F-41) - ACTlVE (POC: Darryl Richard, Staff Liaison; Chris Tilman, 1'.10. Projcct Management
Consultant) -PHASE D: Project Ib: (Mar - July) (note la is completed under F-32) Ib:
Restore drainage in cul-de-sacs, re-grade side yards tbroughout single family area; Status:
Preparing scope; (Wilson Miller Projected Budget: $1,050,000)
IF411- ACTIVE (POC: Dar'Yl Rlchardl-PHASE II: ProJ'''lb: (Mar - July) (nol. la is compl.,.d und.r F..32) lb:
Rootor. dralnag. In cul-d....CO' fO.grad. old. yarde throughoul oIngl. family ar.a; StalUI: Pr.parlng scop.; (WIlson
MIII.r ProJ....d Budg.t tl.050,OOO)
PROJECT PHASE
StOp. Prep
Survey NTP Do..
Survey Compl.,.
Easements
. Eaftmont All_mom Signed
. Eaftmom SU""'Y Completed
. OaE Ropon Completed
. LOf1lII R.vlflw Complotod
. ace AppfOVl/l Dale
Conlractor Soll"-on
Conlractor SoI.clIon
County WO Proc....ng
MSTU Cml. Funding Approval
Est. Co....ucllon Sch.dul.
Final Completion Date
Sian. End Dol.
3/15/08 - 4/30108
MiA
MiA
Indud.d In For... Horn.. Pia.. 1.
5/1/08 - 5,'i08
5/10/08
5110,118 - 5131,'08
6,;6,'08 - 6;]0,'08
3-3-08: Waiting on PO for Phase II proposal (Ma1eolm Pirnie)
3-10-08: PO sent to Ma1eolm Pirnie, scheduling field work.
(F-40) - ACTIVE (POC: Darryl Richard, Staff Liaison; Chris Tilman, P.E. Project Management
Consultant}-PHASE II: lc: (Mar - Sept 2008) Overlay cul-de-sacs and Forest Lakes Blvd.
from Gardenia Lane to Main Entrance; (Wilson Miller Projected Budget: $200,000)
(F..tO) - ACTIVE tpOC: DaRyl Rlchardl-PHASE II: Ie: (Mar - S'pl20081 Ov.rlay cul-d....cs and For... lak.. Blvd.
from Gardenia Lane 10 Main Entrance: (WIlson MUler Projected Budget: ~200.000t
PROJECT PHASE
Scop. Pr.p
Survey NTP Dat.
Survey Compl...
EaMments
. Eaftmom AgONmonl Signed
. E_mom SU""'Y Complotod
. OaE Ropon Complotod
. lOf1llI Review Complotod
. BeC Approval Dale
Contractor Solicitation
Contractor Selection
County WO Proc....ng
MSTU Cmt. Funding Approval
Est. Construedon Schedule
Final Completion Date
sian - End Date
3115,'08 - 4,']0,'08
MfA
iliA
Indud.d In For... Horn.. PI... 1.6
511,'08 - 519,'08
5;10.'08
5110.'08 - 5i31-08
6;6.'08 - 6i]O,'08
3-3-08: Waiting on PO for Phase II proposal (Malcolm Pirnie)
3-10-08: PO sent to Malcolm Pirnie, scheduling field work.
6
161
lA
3/12/2008
(F-39) - ACTIVE (I'OC: Darryl Richard, Staff Liaison; Chris rilman, PY Project Management
Consultant)-Legal Description and sketch for board resolution. (Related to non-Quail Run
Golf Club areas). ; Work Scope is based on RLS 07- TRN-00068
IF-39I- AC1lVE (POC: Danyl RIchard. Staff Ua"",n: Chris Tilman. P .E. ProJe.. Managemen. Consultan. -Legal
ONellptlon and sketch for board resolution. (Related to non-Ouall Run Golf Club arealt. : Work Scop. Is based 011
RLS 07-TRN.00068
PROJECT PHASE Start - End Date
Scope Prep IIfA
Su....y NTP Da.e
Su....y Comple'e
E_me",
. Easement Af/_1Il Signed
. EaHment SUIV"Y Complelod
.000ReponComplelod NfA
. LOf/lJI R..1wt Complelod
.8CC Approval Dahl
Contractor Solicitation MiA
Contra"o, Selection IIfA
County WO Proe_ng NfA
MSTU Cm.. Funding Approval
Est. eo-..ctlon Schednle NfA
Final Compledon Date
2-13-08: Review ofRLS 07-TRN.00068 at regular Forest Lakes MSTU meeting. Malcolm Pimie
has requested pricing for survey/legal descriptions necessary for this project from RW A
Surveyor.
3-3-08: Malcolm Pirnie met with RW A to review scope. Waiting for final scope and budget from
RWA
3-11-08: Revised scope received from R W A, reconunended for processing by Malcolm Pirnie.
(F.36) - COMPLETED (PaC: Darryl Richard) - Striping & reflectors within all roads in
boundary map
10-10-07: Committee requested for all the roads within the MSTU be stripped and reflector be
placed.
10-26.07: Requested quote from Bonness.
11-9-07: Received Quote from Bonness - under review with Chris Tillman - Malcolm's office
11-14-07: committee approved Quote - $ 42,663.93 -Bonness
11-20-07: WO in progress - for signatures
12-10-07: WO & 1'0- NTP pending to be sent out.
12-12-07: Notice to Proceed sent to Bonness for project. Bonness will schedule for start work
within the week of Dec. Ii"
1- 7.08: 90 % complete - Punch list to be reviewed
2-6-08: Contractor reports 100% completion. To be reviewed by Malcolm Pirnie & staff
(F-37) - ACTIVE (PaC: Darryl Richard, Chris filman (Malcolm Pirnie)-BOND ISSUE
PROJECTS - INDIVIDUAL PROJECT TRACKING:
12-12-07: Individual projects added to project manager list for tracking of each project.
1-7-08: Mr. Tilman to provide list for 1-9.08 meeting.
Note: · indicates cost based on previous estimate from WilsonMiIler
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(F-31) - ACTIVE (POC: Darryl Richard) -Easement for Swales & Lakes
3-29-07: RLS sent to Scott Teach for recommendation regarding request as per Malcolm Pimie
advisement that easement may be the option the MSTU would want to pursue for swales and
lakes. Also included in request is evaluation of roadways in terms of easements.
4-30-07: RLS received from Scott Teach regarding obtaining easement within Golf Course
Property. Recommendation is to proceed with obtaining easement within Golf Course for both
swales and lakes. Easement is not required for roadways as per RLS.
5-9-07: Meeting with Kevin Hendricks regarding easements. Kevin will work directly with Chris
Tilman (Consultant) and Liaison Project Manager Darryl Richard in obtaining any required
easementlRight of Entry. Recommendation from Kevin was to pursue negotiation with Golf
Course based on a 'preliminary' map (to be produced by Malcolm Pimie) of the easement areas.
7-6-07: Meeting with Golf Course - review of easements - Chris - Malcolm Pernie will be
sending out a report of the results of meeting.
7-23-07: July 16th, draft document received from Malcolm Pemie & County staff reviewing with
Consultant - Presentation per Quail Run Golf Course
8-15-07: (week of) Malcolm Pirnie coordinating project details with Quail Run Club Mgmt.
8-22-07: RW A will be performing Survey - quote from RW A pending regarding the Golf
Course approval.
9-10-07: Obtaining scope of service from RWA- (RWA to create scope)
9-12-07: RW A has provided draft scope - under review by Malcolm Pirnie
10-17-07: Purchasing requested changes in Scope lump sum vs. time & material and other
verbage.
10-22-07: R W A has provided proposal - county staff to review and requested revisions.
11-6-07: R W A has revised proposal several times per request of county staff. Still pending on
revision
11-8-07: RWA responded and Work Order is with Budget Analyst going through signature
process.
11-20-07: NTP sent on 11-20-07 - 60 days - $58,305.50 to be completed by January 19th,
2008.
1-7-08: Easement Language complete by Malcolm Pernie.
1-7-08: RWA-Survey is 90% complete
1-9-08: RWA -Survey is 100% complete
2-6-08: Scope for swale project 90% complete.
2-6-08: Chris Tillman negotiating with SWMD for permit requirements, prior to construction.
2-6-08: Q.Grady Minor & Assoc. to provide additional data for swale scopes. - Work Order in
process for Q.Grady Minor & Assoc.
SCHEDULE:
Forest Lakes MSTU - Swale Scope Definitions & Projects
PHASE
Constr. Overlay Project 16 & 17
Document Prep. Swale Projects
NTP Survey - - RWA
60 Day Survey
Survey Completion
Golf club Board Meeting - approval
Start - End Date
6/15/07 - 7/15/07 - Project Complete
7/1/07 -1/30/08 in progress (50%
complete)
11/14/2007
11/14/07 - 1/13/08
1/15/2008
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BCC Approval Easements
4-08-08
(F-31) - ACTIVE (POC: Darryl Richard) -Easement for Swales & Lakes
3-29-07: RLS sent to Scott Teach for recommendation regarding request as per Malcolm Pimie
advisement that easement may be the option the MSTU would want to pursue for swales and
lakes. Also included in request is evaluation of roadways in terms of easements.
4-30-07: RLS received from Scott Teach regarding obtaining easement within Golf Course
Property. Recommendation is to proceed with obtaining easement within Golf Course for both
swales and lakes. Easement is not required for roadways as per RLS.
5-9-07: Meeting with Kevin Hendricks regarding easements. Kevin will work directly with Chris
Tilman (Consultant) and Liaison Project Manager Darryl Richard in obtaining any required
easement/Right of Entry. Recommendation from Kevin was to pursue negotiation with Golf
Course based on a 'preliminary' map (to be produced by Malcolm Pirnie) of the easement areas.
7-6-07: Meeting with Golf Course - review of easements - Chris - Malcolm Pernie will be
sending out a report of the results of meeting.
7-23-07: July 16th, draft document received from Malcolm Pemie & County staff reviewing with
Consultant - Presentation per Quail Run Golf Course
8-15-07: (week of) Malcolm Pirnie coordinating project details with Quail Run Club Mgmt.
8-22-07: RW A will be performing Survey- quote from RW A pending regarding the Golf
Course approval.
9-10-07: Obtaining scope of service from R W A - (R W A to create scope)
9-12-07: R W A has provided draft scope - under review by Malcolm Pimie
10-17-07: Purchasing requested changes in Scope lump sum vs. time & material and other
verbage.
10-22-07: RWA has provided proposal- county staffto review and requested revisions.
11-6-07: RW A has revised proposal several times per request of county staff. Still pending on
revision
11-8-07: RW A responded and Work Order is with Budget Analyst going through signature
process.
11-20-07: NTP sent on 11-20-07 - 60 days - $58,305.50 to be completed by January 19th,
2008.
1-7-08: Easement Language complete by Malcolm Pemie.
1-7-08: RWA - Survey is 90% complete
1-9-08: RW A -Survey is 100% complete
2-6-08: Scope for swale project 90% complete.
2-6-08: Chris Tillman negotiating with SWMD for permit requirements, prior to construction.
2-6-08: Q.Grady Minor & Assoc. to provide additional data for swale scopes. - Work Order in
process for Q.Grady Minor & Assoc.
(F26) - ON GOING-ACTIVE (POC: Tessie Sillcry)- Signage Maintenance
11-08-06: Fogg moved to utilize annual contractor - maximum $10,000.00
1-29-07: Requested estimate.
2-14-07: PO for annual maintenance in amount of $10,000.00 requested.
3-13-07: PO emailed to Lykins for ongoing maintenance
9-30-07: PO closed for end of fiscal year.
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10-10 -07: Requested estimate.
10-20-07: Estimate came in at $5,000.00
11-06-07: Request for PO in process
10-10-07: Received PO for $5,000 and NTP went out.
(F-25) - ON GOING-ACTIVE (POC Darryl Richard) - Pot Hole Repairs
11-08-06: Fogg moved to increase funds for pot hole repair up to $40,000.00
12-13-06: Work Order in Progress
1-10-07: Bonness NTP - $40,000
1-23-07: Bonness - will be marking pot holes.
2-05-07: Bonness marked and in process of repairing pot holes
2-12-07: Bonness repaired pot-holes. Marked areas filled with asphalt. Villas turn area remains
for future project.
4-13-07: Villas area has been completed, some minor pot-holes are forming in other areas.
Bonness called to perform inspection/repair under current PO.
10-24-07: New Fiscal Year 07-08 - Bonness - $ 11,491.61
11-6-07: Work Order in process. - pending signatures
11-20-07: Work Order rejected by Newman for minutes backup.
12-10-07: Need to have committee approve the amount for the Work Order - $11,491.61
1-18-07: NTP 1-18-08 ending date January 17,2009 - (P. O. #4500090493; dated 1-9-081-
Project Name: Forest Lakes Asphalt Patching & Risers - Contract # 05-3773 'Annual Contract for
(F-23) ON GOING-ACTIVE (POC: Darryl Richard)-Desiltation of Culverts; includes telescope
inspection within Forest Lakes; MSTU Committee vote to obtain annual services from
Shenandoah Construction based on annual contract not to exceed $30,000.00 per year. Project
Manager to confirm scope of work with contractor prior to each service.
10-11-06: Committee approves $30,000 for annual contract with Shenandoah.
11-7-06: Increase to PO ($3,155.70)
1-25-07: Requested for Estimate for annual maintenance not to exceed $26,800.00
3-13-07: NTP - sent to Shenandoah
3-15-07: Shenandoah contacted to de-silt W oodshire Ditch.
4-12-07: Meeting with Mike of Shenandoah for direction in specific project areas within Forest
Lakes for desilting. Areas include: Villas near Lake 6; Pipes near Lake 8 including 4 inch outfall
and 24 inch; Pipes near Lake 13 and Lake 10. Completion by 5112/07.
4-27-07: Shenandoah completed items near Lake #6 and Villas from 4-12-07 meeting.
5-8-07: All Items noted on 4-12-07 are completed. Ongoing maintenance as per future request.
5-8-07: Committee requested Darryl to work with company - not following what they requested
5-23-07: Darryl met with company regarding dumping in area. -Issue resolved
10-24-07: Purchasing going to BCC for approval of new contractors for annuals.
11-6-07: Pending new bid tab and bcc approval.
11-14-07: Spoke with purchasing and this item will not be bid out as of yet- still working on bid
process. Purchasing advised to get three quotes for now.
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(F-6) -ON GOING-ACTIVE (Pac: Tessie Sillery)-Exotic Removal- Woodshire Ditch -Lake
Doctors Annual Maintenance Contract - Woodshire Ditch & pump station - Notice to proceed
ITEM 5, 2005 - $4,770.00 - Annually
5-15-05 - Purchasing required Re-Bid (quote) for project - Quotes due 5-26-06
5-30-06 - Annual Contractor Aquagenix (George Bowling) to provide quote based on annual
contract - pending
6-12-06 - PO requested waiting on Gloria
6-27-06 - PO issued and ongoing
4-4-07: New Quote received from Lake Doctors for $4,740.00
4-13-07: Quote received from Aquagenics (George Bowling) at $6,180.00; No Quote received
from Aquatic Systems. Lake Doctors is the apparent low at $4,740.00
5-7-07: NTP - Lake Doctors - $4,740.00
9-30-07: PO Closed end of Fiscal Year
10-12-07: New Fiscal Year 07-08 - NTP $ 5, 640.00
(F-15) ONGOING-ACTIVE (POC: Tessie Sillery! - Mowing - Woodshire Drive - Landscape
Maintenance Contract - 400 ft. x 20 ft. Sod Mowing. Quotes requested from annual contractors.
4-17-06; Southern Services under contract for maintenance on annual basis based on contract
rates.
3-16-07: Southern Services Contacted to mow up to Forest Lakes Blvd.
5-10-07: Southern Services PO increased by $ 3, 340.00 till end ofFY.
9-30-07: End of Fiscal year - po's closed
10-12-07: New Fiscal Year 07-08 -NTP issued
(F-36) - COMPLETED (POC: Darryl Richard) - Stripping & reflectors within all roads in
boundary map
10-10-07: Committee requested for all the roads within the MSTU be stripped and reflector be
placed.
10-26-07: Requested quote from Bonness.
11-9-07: Received Quote from Bonness - under review with Chris Tillman - Malcolm's office
11-14-07: committee approved Quote - $ 42,663.93 - Bonness
11-20-07: WO in progress - for signatures
12-10-07: WO & PO - NTP pending to be sent out.
12-12-07: Notice to Proceed sent to Bonness for project. Bonness will schedule for start work
within the week of Dec. 12th
1-7-08: 90 % complete - Punch list to be reviewed
2-6-08: Contractor reports 100% completion. To be reviewed by Malcolm Pimie & staff
(F-29) - COMPLETED (Pac: Darryl Richard) -Bond Issue Finance Package
12-11-06: Meeting with Mike Smykowski, Office of Business Management & Budget, Director.
12-13-06: Requested project information sent to Mike Smykowski for submittal to PFM
(Financial Consultant).
12-13-06: Package sent to PFM for review.
1-10-7: Mike Smykowski reports that there will be a Budget Meeting on 1-11-07. During Budget
meeting there will be a review of the Forest Lakes Bond Issue. PFM or another option (Loan with
a Bank) will be recommended to finance bond issue. Alternative funding through a Bank will be
reviewed.
1-17-07: Meeting with Chairman & staff to discuss priority project list and finance items
2-14-07: Bond Issue funds are anticipated to be available after April I, 2007. Committee request
to see break-down of Cost for bond issue for next meeting.
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3-14-07: PFM will be attending the meeting
3-23-07: PFM sends "Schedule" for bond issue. Staff confirms project list and schedule. Funds
are due to be released in June 2007.
5-9-07: Revised release of funds date is July 2007 as per PFM correspondence.
7-9-07: Kelly - PFM emailed a schedule regarding bond.
7-18-07: Kelly - PFM emailed a new schedule - draft debt service schedules showing coverage
on the allocated millage and a revised Plan of Finance detailing the tax reform issue.
9-10-07: Budget Dept. - Novus Exec. Summary - regarding bonding for forest lakes: Below see
exec. Summary title: 9-11-07 bcc meeting
This item to be heard on or about 11:00 a.m. A Resolntion of the Board of County
Commissioners of Collier County, Florida, acting as the Governing Body of Collier
Connty, Florida and the Forest Lakes Roadway and Drainage Municipal Service
Taxing Unit, authorizing the issuance of not exceeding $6,250,000 in aggregate
principal amount of Collier County, Florida Limited General Obligation Bonds
(Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), Series 2007,
to finance the costs of certain roadway lighting, roadway-related drainage and
roadway restoration within the Forest Lakes MSTU and to pay certain costs and
expenses incnrred with the issnance of the Series 2007 Bonds; Providing for the
payment of said Bonds from ad valorem taxation levied in an amount which shall
not exceed four mills on all taxable property within the bonndaries of the MSTU;
Making certain covenants and agreements in connection therewith; Providing for
the rights of the holders of snch bonds; authorizing the awarding of said Series 2007
Bonds pursnant to a public bid; Delegating certain anthority to the Chair for the
award of the Series 2007 Bonds and the approval of the terms and details of said
Series 2007 Bonds; Anthorizing the publication of a notice of sale for the Series 2007
Bonds or a snmmary thereof; Appointing the paying agent and registrar for said
Series 2007 Bonds; Authorizing the distribution of a preliminary official statement
and the execution and delivery of an official statement with respect to the Series
2007 Bonds; Authorizing the execution and delivery of a continuing disclosure
certificate with respect to the Series 2007 Bonds; Authorizing municipal bond
insurance for the Series 2007 Bonds; and providing an effective date. (Mike
Smykowski, Director, Office of Management and Budget)
10-1-07: Funds were transferred into the MSTU Fund.
-10-07: FYI: Rec'de an email from Russell Edghill Consultant, Public Financial Management,
Inc. 300 South Orange Ave. Suite 1170, Orlando, FL 32801
(P) 407.648.2208 and (F) 407.648.1323 edghillr@pfm.comCollierCounty(FL)Limited
GO Bonds (Forest LakesRoadway and Drainage MSTU), Series 2007 - Closed
transaction on this date:
(F-34) - COMPLETE: I POC Darryl Richard. Chris rilman (Malcolm Pirnie) - Swale Project
Scope Definitions;
6-13-07: Meeting with Malcolm Pirnie to review base map of swales and lakes as per Bond Issue
Project List. Map requires some minor modification. Scope of Swale projects will be derived
from Base Map.
(F-30) - COMPLETED - (POC: Tessie Sillery) -0 & E Report for Woodshire Lane
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Project is to determine responsibility for Tree Trimming- Woodshire Lane (Includes: ROW
Survey and 0 & E Report on ownership at comers intersection of Woods hire Lane @ Pine Ridge
Road)
03-09-07: Met in field with George Fogg - reviewed project - questions were raised in regards to
which trees need trimming.
03-09-07: After meeting in field -landscaping was notified of committess concerns - to trim
hedge & remove palm tree for obstruction of oncoming cars.
03-13-07: Project to be discussed at meeting - Who owns the comer of Woodshire & Pine
Ridge?
03-22-07: Staff requires survey indicating location of trees prior to issue of Work OrderIPurchase
Order to trim trees. Determination of ROW needs to be made through survey.
04-11-07: MSTU Committee approves not to exceed $6,000.00 for ownership and encumberance
report and survey for the Woodshire Lane from Forest Lakes Blvd. to Pine Ridge Road.
5-11- 7 : Confirmation for ownership and encumberance report cost from Executive Title in the
amount of $90.00; Request for Purchase Order submitted. PO issue is pending. Quotes for survey
from annual consultant is for $2,500.00 from ABB Engineering. - Thes two companies are not
annuals - denied quotes
5-23-07: PO Request in process - waiting on a PO - $750.00
5-30-07: NTP - 30 days
6-30-07: Received All three 0 & E's on all three locations requested
(F-35) - COMPLETED - (POC: Darryl Richard) - Survey for Woodshire lane up to Forest lakes
blvd.
5-15-07: Requested for quote from RWA
5-23-07: Processing WO with Contractor
6-20-07: NTP -with completion date of August 17,2007
7-23-07: Benchmark delays - Darryl provided RWA with platt map to better define benchmarks.
8-17-07: survey completed.
(F-32) -COMPLETE: (POC: Darryl Richard) -Bond Issue Project No. I: Overlay Woodshire
Lane and Forest Lakes Bhll: la: Overlay Forest L,kes Blvd. from Tcnn;s Court, on
Woodshire to Gardenia Lalli: and from service entrance rHt 'Nnodshiff" l.,ane to Pine Ridge
Road (approx. 6500 l,f"
Overlay Project # I - Bond Issue Project List
SCHEDULE:
Forest Lakes MSTU: Overlay Project No. One
3-13-07: Scope of overlay project rec'd from malcome pemie
4-10-07: Quotes for Overlay Project # I have been reviewed. Contractors have been requested to
confirm unit cost for quote.
4-16-07: Final Quotes for Overlay Project #1 have been received. Bonness is the apparent low
quote at $189,495.79: other quotes: Quality at $197,552.50, Better Roads at $196,829.00;
Committee has already approved not to exceed $3 10,000 for project at March 14, 2007 meeting.
4-27-07: Approval of Work Order pending. Work Order Issue will be for 30 day time-line.
5-23-07: NTP - 5-14-07 - Bonness
6-13-07: Contractor to start project on 6-18-07 with 2 week construction
6-27-07: Completed
(F-20) COMPLETE (POC: Darry I Richard) - Gravity Flow System: Proposal for Design Phase
9-12-06: Need Scope of Services from Consultant.
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9-13-06: MSTU Committee approves 'Not to exceed' for $90,000.00 for the project
9-25-06: Scope of Services received from WilsonMiller exceeds the $90,000.00 limit.
WilsonMiller to revise scope.
10-11-06: Committee approves not to exceed $120,000 for WilsonMiller Scope of Services.
12-6-06: Committee notified that Notice to Proceed will not be sent to WilsonMiller until review
of proposal by Staff and Malcom Pirine has been completed.
1-17-07 : pending Malcom Pirine to review
2-6-07: Upon Consultant review and staff review NTP sent to WilsonMiller for project.
3-13-07: Wilson Miller locating existing utilities for project
4-5-07: Stop Work Issued for Gravity Flow System Project. Project is under review by Malcolm
Pirine, Collier County Stonnwater Department (Oversight -In House), and Department of
Alternative Trans. Modes.
7-1-07: Project cancelled as per committee request.
(F-27) - COMPLETE (POC: Tessie Sillery) - Engineer study - tum on Woodshire
12-05-06: Documentation sent to Traffic Operations for review of proposed installation. Meeting
with Bob Tipton, Director, Traffic Operations.
1-10-07: Bob Tipton confinns that installation is not approved.
1-17-07: As per discussion with Bob Tipton, Traffic Operations will review in terms of'SDP' for
Publix shopping center and report back to A TM Staff.
1-13-07: Discussion with Bob Tipton regarding detennination of approval for "No Left Turn"
sIgn.
2-22-07: No Left Turn Sign Installed by Traffic Operations through Bob Tipton
3-8-07: Traffic Ops Director - reviewing PUD - The sign installed by traffic ops is only
temporary till further review is done
(F-28) - COMPLETE (POC: Darryl Richard) - Malcom Pirine Project Management Oversight
Services - Committee approve $40,000.00 for annual services.
12-06-06: Committee approved the funding for Malcolm Pirine Contract
12-19-06: Malcolm Pirine delivers Fee Matrix for proposal
12-20-06: Staff request revised Scope of Services for proposal to match Fee Matrix.
12-22-06: Malcolm Pirine revised Fee Matrix received.
1-08-07: Work Order picked up by Malcolm Pirine for signature.
1-17-07: Work Order in system for signatures; Norm Feder has signed; Release from Purchasing
Pending
1-19-07: Work Order rejected by purchasing - due to Consultant not using fixed fees.
1-23-07: New Proposal received from Consultant
1-25-07: Work Order Ready for Pick up by Consultant
1-26-07: Consultant Picked up WOo
2-08-07: WO went through signature approval and pending purchasing approval & PO release
2-9-07: Notice to Proceed for Malcolm Pirine sent
(F-17) - COM PLETE - Wilson Miller - Annual Consulting Services - WilsonMiller- Scope of
Services received for $30,000.00 from WilsonMiller; Requires Committee Approval. Committee
approved $30,000.00 - Work Order issued January 23,2006.
8-21-06 - Ongoing
1-17 -06: Reciept of final invoice from WilsonMiller pending, following final invoice PO will be
closed.
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(F-13) - COMPLETE - BOND Resolution & Executive Summary - Coordination with Scott
Teach based on WilsonMiller cost estimate.
6-12-06: Scott teach met with Smykowsky & will be working with Finance Board.
6-27-06: Meeting scheduled for 6-28-06
7-18-06: BCC to approve on 7-25-06 - Resolution to put on election ballot for bond issue
8-7-06: Scott Teach reports ballot will be by Mail and not by actual vote on Nov. 7, 2006-As per
Jennifer Edwards Spvr of Elections.
8-21-06: Tessie Uploaded new resolution superseding 2006-20 I - consent agenda -bcc 9-12-06
9-12-06: BCC Approved Bond Resulution. Approval by voters on November 7, 2006 required.
11-08-06: Confirmation from Scott Teach that Bond Issue has been approved by Voters
(F-24) --COMPLETED - Two Staff Gauges
11-08-06: Fogg moved to install the staff gauges.
12-04-06: Issue of Purchase Order pending for Work Order
12-13-06: NTP - Work Order -$1,200.00 (90 days)
2-14-07: Committee consensus is to cancel this contract. Staff concurs with recommendation, PO
will be cancelled.
(F-17) - COMPLETE - Water Flow Data Loggers (and related request for verification of water
levels throughout the Forest Lakes Community)
7-22-03: Purchase Order for $6,000.00 Project Cost ($2,000.00 installation and $4,000.00
material) issued to WilsonMiller for installation of water-level recorders.
3-3-06: Gordon River Outflow Meeting with: Clarence Tears, SFWMD; Eugene Calvert, Director
Stormwater Dept.; Jerry Kurtz, Stormwater Dept.; Darryl Richard, MSTU Project Manager: and
Craig Pajer, Consultant, WilsonMiller. Clarence Tears states in meeting that if the Forest Lakes
MSTU can provide data that the lowering of the Gordon River Outflow Weir Structure (to allow
for better flow of water from MSTU) is justifiable that the SFWMD would consider such a
proposal to lower the outflow level at the weir structure.
3-6-06: Request sent to WilsonMiller (Criag Pajer) to verifY the operational status of the water
level recorders.
3-30-06: Request sent to WilsonMiller for verification related to the warranty of the recorders and
location and operation ofthe recorders.
5-11-06: Staff Project Manager Darryl Richard request all data related to the installed recorders
and status of the recorders and data obtained.
6-2-06: WilsonMiller Project Manager Craig Pajer delivers electronic files containing data
recorded. A report indicating the significance ofthe data was not provided by WilsonMiller.
There has not been any document produced by consultant analyzing and/or summarizing the data
collected.
8-9-06: Committee Voted to authorize $15,000.00 for the purchase of new (water level) flow
meters for Forest Lakes MSTU.
8-21-06: Staff research online indicates that there are a variety of products available and
consultation with Stormwater Department indicates that there are products which SFWMD
prefers for use in this application.
8-29-06: Stormwater Project Manager Jerry Kurtz meets with MSTU Project Manager to review
the proposal, Jerry recommends contact with Tim Howard of SFWMD to determine which
product best suits the needs of Forest Lakes MSTU.
9-1-06: Phone consult with Tim Howard indicates that the method for obtaining 'verifiable' data
which is 'defensible' is utilizing a product that both records the data and automatically sends it
for processing. Estimated cost of product and installation of such a system is $40,000.00. Vendors
were reviewed for type of product offered: Campbell Scientific; Hydro lab Products; and YSI
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Products. Engineering Consultation was recommended from County Stormwater Dept. and from
SFWMD for installation and continuous monitor of system and data collected. The possibility of
tie into the existing SFWMD data base collection system was mentioned.
(F-19) - COMPLETE - Asphalt Repair (3 mobilizations) Pot hole repair and other ($25,000)
8-18-06 - Bonnes to pick up WO
8-21-06 - waiting on bonnes signature
8-22-06: Bonness signed WO; issue of PO pending.
8-31-06: PO sent to Bonness;
9-19-06: Bonnes confirms that repair areas are marked and areas are approved by Project
Manager.
10-18-06: Bonness crews are onsite making repairs to pot-holes (I" mobilization). On Monday
1 0/23/06 Bonness will re-mobilize for additional repairs.
10-31-06: Bonness Paver repairs completed.
(F-22) COMPLETE - Obtaining Additional Scope of Services for Annual Consultant; at the
request of Committee Chairman and A TM Department Director Liason Staff is obtaining
alternate Scope of Services from Collier County Annual Vendor List and other private sector
Engineering Firms.
10-5-06: Request for Scope of Services sent to annual vendors on Engineering Annual Contract.
11-7-06: List of Firms submitting quote recorded. Staff recommends Special Meeting for review
of proposals.
(F-24) COMPLETE - MSTU Committee directs staff to meet with SFWMD concerning the
installation of water level recorders. Meeting is to have Dept. Director Diane Flagg, Project
Mananger Darryl Richard, Consultant Craig Pajer, Clearance Tears SFWMD, Eugene Calvert,
Dir. Storm water Dept, and one representative from Forest Lakes MSTU Committee
(recommended was Chairman Bob Jones).
10-12-06: Committee directs staff to set up meeting and obtain services from Mancan for
minutes.
10-25-06: SFWMD recommends installation of staff gauges, WilsonMiller to provide quote for
installations; In reversal of previous recommendation - installation of electronic recording
devices is not recommended and determined to be un-necessary.
(F-21 b)- COMPLETE Shenandoah Construction - Quail Forest Blvd. Desilting (includes
surrounding areas within Forest Lakes MSTU)
9-13-06: Forest Lakes MSTU Committee approved project for Shenandoah Construction based
on Annual Contract rates.
10-10-06: Shenandoah Construction submits quote based on $15,000.00 amount with invoicing to
be as per completion of each section based on contract rates. Project is complete invoicing is
pending. Shendoah invoiced for $13,718.25
(F-2 I a)- COMPLETE -Shenandoah Construction - Woodshire Ditch. Desilting Project
8-9-06 - Committee voted on an up to $15,000 to get clearing and restoring the drainage swale at
woodshire ditch (east to west portion.
8-21-06 - Pending Quote from Shenandoah - annual
8-31-06: PO sent to Shenandoah for project.
9-12-06: Project 80% complete
9-15-06: Project 100% complete.
16
3/12/2008
161
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(F-14) CANCELLED - Woodshire Lane - Re-grading/Cutting of ROW Edge & Sod Installation
8-9-06 - Committee approved up to limit - pending Quotes coming in.
8-21-06 - WO # assigned and to be picked up by Bonness (4,962.64)
9-1-06: WO returned from Bonness and forwarded to Gloria Herrera for review/Sharon then to
Norm Feder
9-12-06: Need approval for $4,962.64 for project.
9- 13-06: Committee selected not to approve necessary funding for project.
(F-12) COMPLETE - Committee member Roger Sommerville reI. to Swale #15 and nearby
Lake; Liason Staff Project Manager and Consultant to review project to determine any
outstanding items and also the level of the Lake in relation to the swale level.
8-31-06: WilsonMiller Craig Pajer reports site inspected and no problems or punch list items.
Victor (Engineering Tech) performed inspection.
9-7-06: Staff Project Manager meeting with Craig Pajer confirms WilsonMiller inspection finding
no outstanding punch-list items.
(F-ll) - COMPLETE-Mail out for Bond Issue Referendum
8-9-06: George Fogg moved to fund a mailing to registered voters in order to explain the ballot,
this will be done by staff.
8-21-06: Staff will coordinate with Committee Chairman Bob Jones for content of mail-out.
Man Can will provide the assistance for mailing.
9-13-06: MSTU Committee
9-12-06: County Attorney Scott Teach and Committee Chairman sign off on mailing.
9-19-06: Mancan services sent out mailing.
(F-IO) - COMPLETE - Pump System Repair- Emergency repair of Forest Lakes Pump System
on 7/28/06.
7-28-06: Florida Irrigation Supply (F1S) repairs pump system for Forest Lakes as an emergency
call for $600.00.
8-02-06: Purchase Order issued to F1S for repair cost. Invoicing is to Forest Lakes MSTU.
8-10-06: FIS invoice for $800.00 exceeds quote. Staff request F1S to re-invoice for correct
amount.
(F-9) - COMPLETE - Lake # 6 - Villas Drainage hnprovement - Craig Pager- County
Attomeys - To determine if the project scope is within the authorization ofthe MSTU Ordinance.
8-23-06: RLS sent to Scott Teach for determination of weather the scope of proposed project is
authorized by Forest Lakes MSTU Ordinance.
9-1-06: Liaison Staff receives notification from Scott Teach that the scope goes beyond what is
authorized by Forest Lakes MSTU Ordinance. Project is not authorized by Forest Lakes MSTU
Ordinance as it is not 'roadway related drainage'.
(F-8) COMPLETE - Roadway Signage and Pavement Marking Study-
Installation of Signs - COMPLETED - Committee approved for signage --<.:ommittee chairman
has requested that consultant review and revise the quantity of signs.
4-17-06; PO issued to Lykins for $12,045.00; Lykins begins work on 4-17-06.
5-15-06 - NTP given - project under construction - estimated to be done 5-20-06
5-24-06-Project Complete-need to have final walk-through.
7-18-06 - FINAL INSPECTION - PROJECT COMPLETE
(F-7) COMPLETE -. Painting of Markings -Quotes requested from new Collier County
Annual Contractor Trutwin (Fort Myers Location).
17
3/12/2008
161
lA
5-30-06; Quote from Trutwin based on annual contract for traffic markings pending
6-12-06: Trutwini requested new drawings with text that is legable from Wilson Miller .- no
drawings reced.
6-27-06: Submitted PO request on 6-27-06
7-12 -06: Project completed
(F-6) -COMPLETE- New Committee member selected Mr. Fogg -BCC Approved on 9/13/05
Complete; BCC Approved Fogg,
(F-5) COMPLETE - SW ALE #15 - Kyle Construction 100% complete - need consultant report
on final inspection.
4-17-06; Need WilsonMiller notification of Finallnspeciton.
6/12/06 - Project complete - waiting on WM to submit letter of final completion.
627-06 - Project complete - waiting on WM to submit letter of final completion.
7-12-06 - Craig Pager to meet with Darryl- final completion documentation
8-7-06: Substantial Completion with Punch-list complete
(F-4) - COMPLETE -Swale # 7 & 10 Regrade; WM has completed design. WM completing
Bidding with Annuals.
4-17-06; Work Order for Higgins pending
5-15-06, NTP - 5-8-06 - DN Higgins - Wilson Miller performing construction observation
6-12-06, Construction Reports from Wilson, Miller - Pending (50% completed)
6-27-06: Waiting on report from Wilson Miller
7-12-06 - Craig Pager to meet with Darryl- final completion documentation
8-7-06: Substantial Completion with Punch-list complete
(F 3) - COMPLETE - Swale # 2 Regrade;m WM has completed design. WM completing
Bidding with Annuals.
4-17-06; Work Order for Higgins pending
5-15-06, NTP - 5-8-06 - DN Higgins - Wilson Miller performing construction observation.
6-12-06 Completed - need report from Wilson Miller
6-27-06 Completed - need report from Wilson Miller
7 -12-06 - Craig Pager to meet with Darryl- final completion documentation
8-7-06: Final Completion Document Executed
(F-2) - COMPLETE - Woodshire Lane Overlay Project -1" Overlay of Woods hire Lane.
Committee Approved $48,000.00 for this project.
5-15-06 - Work Order - picked up by Contractor - waiting for signature. - Contractor schedule -
Mid June to begin. '
5-30-06 ; Construction to begin on 5-31-06 field meeting to held.
6-27 -06: Completed - and final inspection requested.
7-12-06 - Craig Pager to meet with Darryl- final completion documentation
8-7-06: Final Completion Document Executed.
(F-I) COMPLETE -Pump Generator-
8-9-06 - Committee voted to rent a generator if its needed in an emergency
18
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Collier County, Florida
Forest Lakes MSTU
Adjusted Balance Sheet (Unaudited)
As of respective date
16/
lA
Unaudited
As of
9t30/2007
Fiscal 2008 - Unaudited
3t3t2008
Pooled cash and investments
Market valuation of investments (done annually)
Due from Tax Collector
Due from Properly Appraiser
Interest receivable
$
1,047,750.07
8,250.30
8,993.93
949.42
12,745.05
7,361,625.27
8,250.30
21.21
12,745.05
Total Assets
$
1,078,688.77
7,382,641.83
Goods Receipt/Invoice Receipt $ 1,396.30 28,584.88
Accounts Payable 155,915.05 50,945.09
Deposits 62,500.00
Revenues:
Ad Valorem Collections 759,261.50
Interest Revenue 75,955.30
Bond Proceeds (plus premium) 6,245,814.30
Expenditures:
Engineering Fees (28,200.00)
Indirect Cost Reimbursement (2,050.00)
Other Contractural Services (46,933.93)
Sprinkler maintenance
Landscaping
Mulch
Other miscellaneous (fertilizer, electricity, etc.) (1,715.05)
Improvements - General (Capital) (35,212.87)
Principal on bonds (300,000.00)
Interest on bonds (55,918.14)
Bond Insurance Policy (35,500.00)
Underwriter's Discount (32,628.75)
Other Costs of Issuance (56,082.17)
Fiscal agent's fee (350.00)
Transfer to PA (2,520.94)
Transfer to TC (17,184.81)
Transfer to Fund 111 (Unic. MSTD) (22,500.00)
Total Liabilities and Equity $ 1,078,688.77 7,382,641.83
Q:\Derek\vandymeeting.xls
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Derek
derek.johnssen@collierclerk.com
161
ri~u. i ;:Ii,.~ !~Jl .... hll1l:1.1I
Clerk-
Finance
Gen.
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Manager
Court Plaza
111/2
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MEMORANDUM
161
1A
DATE:
February 15,2008
FROM:
Tessie SilIery, Transportation ~
Sue Filson., Executive Manager i
Board of County Commissioners
TO:
RE:
Forest lakes Roadway & Drainage Advisory Committee
As you know, we currently have a vacancy on the above-referenced advisory committee. A press
release was issued rc;questing citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for your review as follows:
George E. Fogg
628 Woodshire Lane, #G-l
Naples, FL 34105
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's
consideration.
Please include in your return memo the attendance records of the applicants recommended for
reappointment.
Please categorize the applicants in areas of expertise. If you have any questions, please call me
at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
Jan ~1 Ul:l l~:""p
t( ~. ~ rogg
"'~LUI"rc.r~
~.,
.
Board of County Commissioners
3301 East Tamiaml Trail
Naples, FL 34H2
(139) 252-8097
Fax: (239) 252-3602
16r'lA
AppUcation for Advisory Committees/Boards
;\'ame: Gt~7e E. +~
Rome AclcI.,.." ~z.a. We) I..:I~ 1.....'" a,-(
N~~, Fl/.. ;S'TT -
Fax JIOo.Y.I.:....:. Busin... Phone: ~'I ~ "O"z.
Home Phone: t.3., - 2,~ t - G 041 Z.
Zip Cocle: 1 4 e <:I tJ-
...mail addre..: ,1\ S Ca. ~ GOIHCiI&.f, ~f
Jan 31 08 12:54p
.
.
.
R 80 G Fogg
239-261-7279
p.1
16r~ lA
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34H2
(239) 252-8097
Fax: (239) 252-3602
How IODg bave you U,'ed In CoOler County: Years ! q.
Are you a "'Ilioterecl voter in CoUtor County: V.. X
.
Montlss
l'io
~o X
-
Do you curready hold puhlie office~ Yes
If 50, wbat Is ttlU Omte?
Yes
:-<0)<\
Have you ever beea convicted of aay offense agaiast tbe Law?
If yes, aplaln:
:-/0
Plealle list your eommuntty aclviti.. (CIviC clubs, neighborhood as_lations, ttc. and positions
~~;:~~:~:::
.. .. .. i ;.: ,,^ (1tI::i,r'a':!)
Caa.... c-..~ bl c... 1.1. c:.o.... .
Education: .:l~ - L-.J.,~,"- ll.rd. - :;"~2~ '
. - .- ,,_ I ...,. e:i1i* _ Bu~.
.. ' " ~ .
Experiellce:
'0
.....
"""
a
I'IefIH~.lU)I ~ u.jontI8l4tt PJl'J-l,-rdrwnt. r.. ypliullll" MOllld be!oMCf'id,. Sit, Flh(J.~ ~~/iv~ M~, 18
~"ud.fC..""Co,...i:Rl...",JJlJl Hal TIlIfIMmITrd,Nqln. FLJ41l2. If}H wlIJf.plftujrtJt.,.,.lIp(JIiutw. '"
f239)2S2~1 tw e-mIIiJ,. !UU~t:ilctJlJJ.nMlMI.~t. Th4dY.1I fiw ~""'la!,l.r" '1lJ'?e till dIJur.8 ./CaIl.. c~
Fiala -~~
~~~i09~\~ M..J,,~I 1 A
g~r~~ta ~ ~ES OF THE MEETING OF THE COLLIER COUNTY ~~;o~I~;D
GOLDEN GATE COMMUNITY CENTER
ADVISORY COMMITTEE
Naples, Florida, March 3, 2008
LET IT BE REMEMBERED, that the Collier County Golden Gate Community
Center Advisory Committee, in and for the County of Collier, having conducted
business herein, met on this date at 6:00 PM in REGULAR SESSION in
Conference Room "c" of the Golden Gate Community Center, 4701 Golden
Gate Parkway, Naples, Florida, with the following members present:
CHAIRMAN: Jim Klug
VICE CHAIR: Ernie Bretzmann
Bill Arthur
Vicki Clavelo
Kaydee Tuff
ALSO PRESENT: Ellen R. Barkin, Community Center Supervisor
Shari Ferguson, Region II Manager
I
E)Q,j[(J ot County Commissioners
Misc. cdrres:
Date:
Item #:ll.e.LAl
ll?ks 1 A
L Call to Order
The Meeting was called to order at 6:04 PM by Chairman Jim Klug.
n. Approval of Agenda
Ernie Bretunann moved to approve the Agenda. Second by Bill Arth",.
Duried unanimously, 5-0.
ill. Approval of Meeting Minutes
Bin ArtJu,r 1IWVed to approve the Minutes of the February 4, 2008 meeting as
SIIbmitted Second by Ernie Bretzmann. Duried unanimously, 5-0.
IV. Old Business
A. Metro PCS Proposal
Ellen Barkin stated the Committee was required to vote on whether or not to
recommend the proposal to the BCC.
. 60/40 split with County - treated like any other form of revenue
Clulirman Klag moved to approve the proposal Second by Erme Bretunann.
Carried unanimously, 5-0.
Shari Ferguson stated Real Property suggested the proposal include a fence or
structure around the cabinet at the base of the tower.
Kaydee Tuff stated the proposal contained specific language: "Proposed I4' x 18'
leased parcel with 6 foot high black vinyl-coated chain link fence to match existing
and proposed 5 foot wide landscape buffer around compound. "
Kaydee Tuff moved to approve the Metro PCS Proposal and recommend tlult the
BCC accept it with an additional recommemJotion for a c/roin-Iin/c fence to be
installed as specifietl in the Proposal Second by C/roirman Klag. Carried
unanimously, 5-0.
B. 2008 Goals
Discussion ensued concerning assigning a priority to the Goals. It was mentioned
that some of the Goals tied into others.
For eumple: Goal #1 - To continue to improve bandstand to make it more user
friendly for easier scheduling of concerts and events dovetailed with Goal #4 - To
become more self-sufficient (generate revenue).
While all the Goals were considered to be important, they were ranked by priority:
First: Goal ff2 - To increase revenue to maintain programs that are not revenue
positive
Second: Goal #3 - To maintain integrity and quality of current programs
Third: Goal #4 - To become more self-sufficient (generate revenue).
Clwirman Klag moved to rank Goals #2, #3 and #4 as First Priority and
Goals #1 through #8 as Second Priority. Second by Erme Bretunann. Carried
unanimously, 5-0.
2
~boo81 A
Cbairman K1ug suggested a topic for discussion for the next meeting could be how
to implement the Goals. Committee members were asked 10 email their ideas and
suggestions to Ellen by March 21,2008.
V. New Business
A. February/Marcb Events
. "Country Jam" - moved to the fairgrounds - first time at this location, alcohol
will be available - $2.00 charge for parking
. "Bike Fest" - February 9th and lOth -700 people attended
. "Senior Expo" - February 13th - 12 to 14 couples participated in the dance
contest - there were 45 exhibitors including health screenings - food was donated
by Chik-FiI-A and a health food store
. "Frontier Days"- will be held at the end of March - it will be the 24th year for the
event.
. "BMX Races" - three races will be held in March
B. Monthly Budget Report
The "210 Report" for January was presented which also included year-to-date figures.
The first section noted revenue generated in January. Shari Ferguson explained the
column headings and line items.
Sbari Ferguson presented the Fee Policy and asked the members to review Section n,
Page IS, which described the rates for Golden Gate Community Center. She stated the
County may raise its facility rates, and asked the members to consider whether or not
they wanted to do the same.
It was suggested that raising rates during an a economic down-turn may not be the best
way to generate more revenue. It was decided to wait 10 see whether or not other Parks
increased their rates and to discuss options at a later date.
C. GGCC Staff Changes
Ellen Barkin submitted her resignation and her last day as Supervisor will be April 4,
2008. Two other staff members (Janice and Eula) have taken the voluntary separation
offered by the County. The Staffwill now consist of7 full-time employees with one
part-time employee.
Shari Ferguson stated a selection committee will be formed to review internal
applicants. The selection committee will include a representative from Human Resources
as well as a member of the Community Center staff. Both Chairman K1ug and Kaydee
Tuff volunteered to serve on the selection committee. (Shari was advised she is required
to advertise that two members of the Selection Committee are also members of the
Golden Gote Advisory Committee.)
Shari Ferguson stated the County would advertise externally for the position only if an
acceptable candidate was not found from within the County. Other options, such as
3
46x+ 1 A
waiving residency requirements, were discussed. She further stated it may be necessary
to appoint an Interim Supervisor for the next meeting if a selection had not been made.
VL Members Comments
None
The next meeting is Monday, AprU 7, 1008.
There beine no further business for the eood of the County, the Meeting was adjourned by
order of the CbairnlllJ1 at 7:15 PM.
COLLIER COUNTY GOLDEN GATE
COMMUNITY CENTER ADVISORY
COMMITI'EE
~~t1J
W ames Klue, an
These Minutes were approved by the Board/Committee Chair on
as presented , or as amended
4
FialCl
\-\ala.a
Hel')nin, .
'Coyle
Coletta
RECf~'=D
APR t8~J 1 A
Memorandum
doard of County Commissioners
To:
Sue Filson, Executive Manager
Board of County Commissioners
From:
Jason Bires ~
Property Acquisition Specialist ~ v
Date:
April 8, 2008
Subject:
Golden Gate Estates Land Trust Committee Meeting
Minutes - Signed by Chairperson
Sue, please find attached a copy of the approved GAC Land Trust
Committee Meeting Minutes signed off by the Chairperson. The minutes
and agendas from the following meetings are attached:
September 24, 2007
December 5, 2007
January 28, 2008
February 28, 2008
Thank you.
Attachments as stated
MISe COIfllS:
Date:
item .J.k.1 \ A. 1'1
Real Property Management Department
. -,' .-,.-. ~.,
~
~oIden~ubJ~~~~161
September 24, 2007
6:30 p.rn,
Fire Station 71 - Golden Gate Boulevard
lA
Committee Members
Chairrnan: Charles ("Skip") VanGelder
Vice-Chairman: Jeffrey Curl
Member: Karen Acquard
Member; Stephen Greenberg
Member: Linda Hartman
AGENDA
I. Call to Order
II. Approval of Minutes - July 23, 2007
III. Approval of Treasurer's Report
Ending Cash Balance
Available Cash Balance
IV. Chief Rita Greenberg - Funding request for Big Corkscrew Island & Fire Rescue District (update)
V. Request for Funds from Golden Gate Fire District (update)
VI. Public School Use
VII. Request for Land transfer from Parks & Recreation Department - 47+ acre parcel (update)
VIII. All Kids Play Foundation - Boundless Playground
IX. Skip Van Gelder & Linda Hartman are at the end of their terms
X. Election of Officers
XI. Public Comment/Other Discussion
XII. Next Proposed Meeting Date - Monday, November 26, 2007 @ 6:30 p.m.
XIII. Adjournment
16/ lA
@oIden@abJ ~ ~~ '@~
~ llnwUcan 0vtp0JUdUm (GAC)
Monday, September 24, 2007
Golden Gate Estates Fire Station 71
100 13th St. SW
!.\ IOllOllIDfilIMlE[ffi Naples, FL 34120
iA\~~~U1\116& Golden Gate Estates
'@~ ("r1f1ril ') ~~ - '@~
fgf'@fNI -~- '@~
9rfM'mb~ -~
r1f~@~-~ C9fknt)
~~-~
~cm 9JiJte,j - Property Acquisition Specialist, Real Estate Services
!Joni.M6tt - Property Acquisition and Sales Manager
Distribution: Treasurer's Report
Statutory Deed signed by County Attorney Heidi Ashton
Email from County Attorney Heidi Ashton re: Agreement for Orange Tree PUD
Presentation: Prior to the GAC Land Trust Committee meeting commencing, there was a presentation by
Commissioner Jim Coletta to GAC Land Trust Committee Chairman Charles "Skip" Van Gelder.
Commissioner Coletta presented Mr. Van Gelder with a plaque thanking him for his years of dedicated
service on the GAC Land Trust Committee.
I. Call to Order - The GAC Land Trust Committee meeting was called to order by Chairman Skip
Van Gelder at 6:34 p.m.
II. Approval of Minutes - July 23, 2007 - The first item on the agenda was the approval of minutes.
Chairman Van Gelder asked if everyone had the opportunity to review the minutes from the last meeting
and he asked for any notes, comments or changes. Hearing none, Chairman Van Gelder called for a
motion to approve. Linda Hartman made a motion to approve the minutes as presented and a second to
the motion was made by Karen Acquard. There was no further discussion. The minutes were approved
unanimously.
161
1A
III. Approval of Treasurer's Report - The next item on the agenda is the approval of the treasurer's
report. Jason Bires provided the new figures on the Treasurer's Report. The ending cash balance is
$1,444,167.33 and the available cash balance is $1,412,144.33. Karen asked if the $32,023 on the report
was for the vehicle upgrade but we haven't paid it yet. Karen was told that that was correct. Having no
further discussion, a request for a motion was called. A motion was made by Jeff Curl to accept the
treasurer's report and a second to the motion was made by Linda Hartman. The treasurer's report was
accepted unanimously.
IV. Chief Rita Greenberg - Funding request for Big Corkscrew Island Fire & Rescue District
(update)
The next agenda item is the update for the funding request for the Big Corkscrew Island Fire and Rescue
District. This particular item is scheduled to go before the BCC at their September 25, 2007 meeting.
The invoice has been received and the check will be processed this week pending approval by the Board
of County Commissioners. There was no further discussion on this item.
V. Request for funds from Golden Gate Fire District (update)
This has been paid in full as of September 5, 2007. Karen asked what the total came to. It was stated that
it was approximately $2,700, however, the exact figure was unavailable.
VI. Public School Use
The next item on the agenda is the Public School Use. For this item, the committee members have been
given in their packets, a copy of the statutory deed signed by Assistant County Attorney Heidi Ashton.
The committee was told by RES that we will prepare a request for a Letter of No Objection from Avatar
and the BCC date will be determined upon receipt of the letter of no objection. Their was a brief
discussion for clarification on this transaction.
VII. Request for Land Transfer from Parks & Rec Department - 47 + acre parcel (update)
At this time, it has not been determined if there will be a swap with the school board. Parks and Rec will
have more acreage on the utility site, approximately 63 acres compared to 47 acres. Skip inquired about
the subject property and was informed that this is regarding the Randall Curve property. Toni Mott stated
that when Amanda Townsend came to the last meeting and gave her presentation, a portion of the 47 acre
parcel that was going to Parks and Rec was going to be swapped with the school board to have contiguous
acreage to the south of where the utility site is right now. We are not sure because of the access issue off
of Oil Well Road, that was one of the contingencies for the County to do that swap, whether that is going
to come to fruition. Even if it doesn't come to fruition, Marla has 63 acres that is being set aside for her
use at the utility site. The Randall Curve site will be for Transportation completely. They will utilize the
entire acreage as it stands right now. It should be noted that this scenario is subject to change. RES will
continue to keep this item on the agenda and we will continue to update the committee at each meeting as
the situation progresses. There is verbiage in the statutory deed that went to Parks and Rec that states that
the Land Trust Committee has the final say on the Site Development Plan and what will be on that site to
make sure that it is user friendly. Skip asked if Marla is looking to get some property from Utilities, aren't
they going to want to have something swapped? Marla doesn't want to have out of pocket expenses so
she worked this deal so that Transportation will pay Utilities for the acreage that Marla is going to get.
There are still a lot of steps that have to happen and RES staff will be having a meeting with all County
staffjnvolved to make sure that everybody is on the same page. RES will keep the Land Trust Committee
updated throughout the process.
161
lA
VIII. All Kids Play Foundation - Boundless Playground
The next item was a presentation by the All Kids Play Foundation. They are to present the committee
with a total cost for the project as well as how much money they have raised so far and whether or not
they are getting cooperation from the school board. The AKP Foundation presented the Committee with
packets containing a breakdown of the cost for the playground. The AKP Foundation had a diagram of
the proposed playground. The AKP Foundation has applied for a grant with the Naples Children and
Education Foundation and they're grant process is extensive. The AKP Foundation has been doing
several activities to try to raise money. They have received $700 from local firefighters, they have an
upcoming golf tournament which they are projecting to make between $]0,000 and $15,000. They have
also picked out two particular pieces of equipment which were purchased using the funds raised from the
students penny drive. The All Kids Play Foundation has raised $12,000 up to this point and they need
approximately $3l0K. The cost ofthc equipment is $149,933.21 and that is what they are asking the
committee for. The grant that they have applied for from the Naples Children and Education Foundation
is where they are hoping to get the money for the construction and installation of the playground, which is
$160,520.73. They will not know if they will get the grant until about February or March. The question
was also raised about what kind of assistance the AKP Foundation is getting from the School Board.
They stated that they have attempted to contact the school board but as of yet have not gotten a response.
At this time what involvement, if any, the school board will have is undetermined. The Committee
agreed that at this time there was nothing they could do until they have the school board saying yes to
offering assistance. The Committee members were each given an email from Heidi Ashton stating that
there could not be a reverter, however, an amendment to the agreement is possible. Linda Hartman asked
if we could start the process of amending the agreement if we make a lot of things contingent on approval
from the school board. Skip recommended that the Committee direct RES to seek input from the County
Attorney and Avatar about the possibility of amending the original agreement to include the area that
covers the school area. A motion was made by Linda Hartman to approve Skip's recommendation and a
second to the motion was made by Karen Acquard. Karen made the comment that the amendment should
state that it is the school area so all three schools are covered to avoid an issue in the future where we do
something for one school and not for one of the other schools in the Orangetree PUD.
IX. Skip Van Gelder and Linda Hartman are at end oftheir terms
Skip Van Gelder and Linda Hartman are at the end of their current terms. Skip Van Gelder announced his
resignation from the committee in an email communication to RES prior to this evenings meeting. The
committee is asked to approve the application of Linda Hartman so that it may be presented to the Board
of County Commissioners for final approval. Chairman Van Gelder called for a motion to accept Linda
Hartman's application. A motion was made by Karen to approve her application and a second was made
by Skip Van Gelder. The motion was approved unanimously. Linda's application will be presented to the
BCC for approval.
X. Election of Officers
Initially, Karen recommended that Jeff Curl be promoted from Vice-Chair to Chairman however, Jeff
declined due to the fact that he didn't feel that he had enough seniority on the committee to justify his
promotion to Chairman. After a brief discussion, a motion was made and approved for Karen Acquard to
take over as Chairperson while Jeff Curl would continue his role as Vice-Chair.
XI. Public Comment/Other Discussion
RES asked the Committee to consider adding verbiage to the Amendment to the Agreement to include
ancillary uses for the School Board. This was requested due to conversations with Art Dobberstein at the
school board. The main concern with this is the issue of affordable housing. The Committee was
agreeable to include ancillary uses as long as it was clear that those uses would not include affordable
housing.
XII. Next Proposed Meeting Date _ Monday, November 26, 2007 @6:30 P.!. 6 I 1 A
This proposed date for the next GAC Land Trust Committee meeting falls on the Monday after the
Thanksgiving holiday. This issue was brought up to the committee. It was determined that at this time,
November 26, 2007 was a good date for the next meeting.
XIII. Adjournment
The GAC Land Trust Committee meeting was adjourned at 7: 15 p.m.
~,..f
~oIden~um~~~~61 lA
December 5, 2007
6:30 p.m.
Fire Station 71 - Golden Gate Boulevard
Committee Members
Chairman: Charles ("Skip") VanGelder
Vice-Chairman: Jeffrey Curl
Member: Karen Acquard
Member: Stephen Greenberg
Member: Linda Hartman
AGENDA
I. Call to Order
II. Approval of Minutes - September 24, 2007
Ill. Approval of Treasurer's Report
Ending Cash Balance
Available Cash Balance
IV. Member Vacancy Update
V. Potential Amendment Revision
VI. Request for Land transfer from Parks & Recreation Department - 47+ acre parcel (update)
VII. All Kids Play Foundation - Boundless Playground
VIII. New meeting location
IX. Public Comment/Other Discussion
X. Next Proposed Meeting Date - Monday, January 28, 2008 @ 7:00 p.m.
XI. Adjournment
fff~fffobJ ~ ~~ <@~ J 1 A
~ CWwtican 0J4p0JtatUm (GAe)
Wednesday, December 5, 2007
Golden Gate Estates Fire Station 71
100 13th St. sw
ITilrmMlElIT\ Naples, FL 34120
&~~~illJ~ l6~ Golden Gate Estates
9r~~-<@~
Jgf<@WJtt -~- <@~
~~~-~
~~-~
~-~
~o.n 9JiJte" - Property Acquisition Specialist, Real Estate Services
Distribution: Treasurer's Report
I. Call to Order - The GAC Land Trust Committee meeting for Wednesday, December 5, 2007 was
called to order by Chairperson Karen Acquard at 6:30 p.m.
II. Approval of Minutes - A motion for approval of the minutes from the September 24, 2007 GAC
Land Trust Committee meeting was made by Linda Hartman and a second to the motion was
made by Stephen Greenberg. There was no further discussion and the minutes were approved
unanimously.
III. Approval of Treasurer's Report - Jason Bires from Real Estate Services presented the
Treasurer's Report to the Committee members. The available cash balance and the ending cash
balance were both $1,447,877.16. A motion to approve the Treasurer's Report was made by Jeff
Curl and a second to the motion was made by Stephen Greenberg. There was no further
discussion, the Treasurer's Report was approved unanimously.
IV. Member Vacancy Update - At this time, we have not received any responses. An advertisement
with contact information for Jason Bires is on the Government Channel trying to generate interest
in the Committee.
V. Potential Amendment Revision - Jason Bires from Real Estate Services stated that the RLS for
this Amendment is currently in the County Attorney's Office for review. This Amendment is to
include the Orangetree PUD in Golden Gate Estates as well as adding ancillary uses for the
school.
161 lA
VI. Request for Land Transfer from Parks & Recreation Department - 47+ acre parcel - Jason
Bires stated that there is no update at this time. Real Estate Services has not been able to obtain
any definitive direction at this time.
VII. All Kids Play Foundation - Boundless Playground - Cassie Pangaribaun contacted Jason Bires
in Real Estate Services and advised that they did not have any updates and therefore were not
going to attend tonight's meeting. The All Kids Play Foundation will be advised of the next Land
Trust meeting and if they have updates they will attend.
VIII. New Meeting Location - A new meeting location was discussed due to a scheduling conflict at
Fire Station 71 which will push the GAC Land Trust Committee meetings back to 7:00. It was
agreed upon by all members that 6:30 is a preferable time as opposed to 7:00. Jason Bires advised
that he will contacted Susan Morris who is in charge of scheduling the room to see if there is any
way that we will be able to get 6:30 back. Jason Bires will also contact alternate locations to see if
any other meeting place can meet the needs of the GAC Land Trust Committee.
IX. Public Comments/Other Discussion - Victor Hill, Public Information Officer from the Golden
Gate Fire District requested time during the public comments section to make a presentation
requesting that the Committee fund the purchase of weather stations for the residents and members
of the Big Corkscrew Island and Golden Gate Fire Control and Rescue Districts. Victor provided
the Committee members with informational packets. The Golden Gate and Big Corkscrew Island
Fire Districts seek a $54,000 grant to purchase five weather stations that will be placed at five of
the fire stations in each district. After Victor Hill's presentation, the Committee discussed the
issue. The first question that arose was whether or not the Committee could do anything about
this tonight due to the fact that it was not an official agenda item but rather a public comment.
Jason Bires stated that he was not sure and would have to check with the County Attorney to see
how they should proceed. Since the Committee was not sure whether or not we could vote on this
being that it is a public comment, the idea of a special meeting for this particular item was brought
up. The Committee also discussed the fact that this will have to go before the Board of County
Commissioners at one of their meetings. The next BCC meeting is scheduled for December II,
2007. Scheduling an item for that particular meeting is not feasible at this time. The next possible
BCC date for this item to go before the Board of County Commissioners would be January 15,
2008. After discussion, a tentative motion was made by Linda Hartman and a second to the
motion was made by Jeff Curl. The tentative motion states that the Committee has tentatively
approved the request to provide funding in the amount of $54,000 for the purchase of Weatherbug
weather systems for the Big Corkscrew and the Golden Gate Fire Control and Rescue Districts.
This tentative motion is pending the decision that an issue brought up during public comment can
be voted on. If a public comment item can be voted on, then this tentative motion will be a regular
motion for approval. The tentative motion was approved 3-0 with Stephen Greenberg abstaining
from the voting due to his relationship with Chief Rita Greenberg of the Big Corkscrew Fire
Control and Rescue District. After voting, it was determined that a special meeting would be held
to vote on this issue if necessary. There was no further public comment or discussion.
X. Next Proposed Meeting Date - Monday, January 28, 2008 @ 7:00 p.m. - The only discussion
pertaining to this item was the issue of the time of the meeting. Jason Bires will contact Susan
Morris about the schedule for the room.
XI. Adjournment - A motion to adjourn this meeting of the GAC Land Trust Committee was made
by Linda Hartman and a second to the motion was made by Jeff Curl. The meeting was adjourned
with a unanimous vote at 7: 15 p.m.
161
lA
fP~fPubJ~~~~l lA
January 28, 2008
6:30 p.m.
Fire Station 71 - Golden Gate Boulevard
Committee Members
Chairperson: Karen Acquard
Vice-Chairman: Jeffrey Curl
Member: Stephen Greenberg
Member: Linda Hartman
Member: Vacant
AGENDA
I. Call to Order
II. Approval of Minutes - December S, 2007
III. Approval of Treasurer's Report
Ending Cash Balance - $1,464,033.62
Available Cash Balance - $1,464,033.62
IV. Member Vacancy Update - No Update
V. Potential Amendment Revision (update) - Amendment has been approved by the County Attorney (copy provided)
Executive Summary is in progress. This Amendment is to include the Orangetree PUD and to include verbiage to clarifY
ancillary uses by the School District.
VI. Request for Land transfer from Parks & Recreation Department - 47+ acre parcel (update) - No Update
VII. All Kids Play Foundation - Boundless Playground (update) - No Update
VIII. GGFD & Big Corkscrew FD - Weather Stations (update) - This item has been removed from the consent agenda and
it is now going before the BCC on the regular agenda.
IX. New Meeting LocationlTime (update) - Scheduling has been cleared up.
X. Public Comment/Other Discussion
XI. Next Proposed Meeting Date - Monday, March 24, 2008 @ 6:30 p.m.
XII. Adjournment
161 lA
fP~fPubJ ~ ~~ C@ommittee
<Jult ([nwdean ~0JUdiim (GAC)
&~~~@W~w
Monday, January 28, 2008
6:30 p.m.
Golden Gate Estates Fire Station 71
100 13th St. SW
Naples, FL 34120
Golden Gate Estates
fJrO/Rm/ ~ - '@~
f!l''@fNI- ~- '@~
~~fff~-~
~~-~
~-~
'Ja6cm!JJ~ - Property Acquisition Specialist, Real Estate Services
Distribution: Minutes from December 5, 2007 GAC Land Trust Meeting
Treasurer's Report
Amendment to Agreement
Section 5 of 1983 Agreement
I. Call to Order - This meeting of the GAC Land Trust Committee was called to order by
Chairperson Karen Acquard at 6:30 p.m.
II. Approval of Minutes - Karen asked if everyone had a chance to review the minutes from the
December S, 2007 meeting. Linda Hartman made a motion to approve the minutes and a second
to the motion was made by Stephen Greenberg. The minutes were approved unanimously.
III. Approval of Treasurer's Report - The next item on the agenda was the treasurer's report,
presented by Jason Bires. Being that there have not been any transactions since the last meeting,
the ending cash balance and the available cash balance are still the same, the balance currently
stands at $1,464,033.62. There were no questions pertaining to the treasurer's report and a motion
for approval was made by Jeff Curl. A second to the motion was made by Stephen Greenberg.
The treasurer's report was approved unanimously.
IV. Member Vacancy Update - Jason Bires reported that Real Estate Services had no updates on the
member vacancy. There is still an advertisement on the government channel. Linda Hartman
stated that she knows someone who is interested in being on the committee. Karen Acquard
advised that Linda suggest that Mark Teaters scnd in his resume. The issue of phases was brought
161 1 A
up. Jason Bires was asked about the phase issue. Jason stated that he would have to research to
be sure, but an initial thought is that since there is a vacancy, and not a lot of interest for the
position that the phase issue is not much of a factor. When it was stated that members should be
from different phases, that was under the assumption that there would be several applicants for the
open position. Jason Bires stated that his opinion is that having someone on the committee is
better than a vacancy regardless of what phase they live in. However, before a definitive answer
could be given, Jason stated that he would have to check with the County Attorney.
V. Potential Amendment Revision - Jason Bires provided the Committee members with a draft of
the Amendment to the Agreement that was approved by the County Attorney. The committee
members took a few moments to review the document. The Committee members raised some
concerns with some of the language in the Amendment and those concerns were discussed. The
concerns seemed to be based for the most part on the ancillary uses including a bus barn and
maintenance facilities and not including library and recreational facilities and equipment. The
committee would like to allow for library and recreational equipment but not facilities. The
committee also does not like bus barns being included. The committee members would like more
time to review the document and provide their suggestions. The committee members will review
and provide their suggestions via email.This document will be revised in time to be presented at
the next Land Trust meeting which is scheduled for March 24, 2008.
VI. Request for Land Transfer from Parks & Recreatirm Department - 47+ acre parcel - We
have no update on this item at this time.
VII. All Kids Play Foundation - Boundless Playground - Jason Bires did receive an email from the
Boundless Playground representatives and they stated that they do not have anything new to report
at this time. Being that they have nothing new to report, they informed Jason Bires that they
would not be attending the meeting. We are keeping this item on the agenda until we hear
otherwise.
VIII. GGFD & Big Corkscrew FD - Weatherstations (update) - The Committee members were
informed that the weatherstation agenda item has been pulled from the consent agenda by
Commissioner Fred Coyle. As a result of being removed from the consent agenda, it will be
presented as part of the regular agenda. At this time, the weatherstation item has not been given
an agenda number. Jason Bires informed the members that once an agenda number was assigned
we would have a better idea of when the item will be presented before the Board of County
Commissioners. Jason Bires informed the Committee members that he has already been in contact
with Victor Hill from the Golden Gate Fire Control and Rescue District and arrangements have
been made for at least one representative from the GGFD to be in attendance at the BCC meeting.
Each of the Committec members provided their cell phone numbers to Jason Bires to be called
when an approximate time for the item to go before the BCC was determined. Karen expressed
her concern with regard to the locations of some of the weatherstations and the fact that they were
technically not within the geographical boundaries of Golden Gate Estates. All of the
weatherstations service the estates even though some of them do not sit within the geographical
boundaries of the estates as stated in the 1983 Agreement with Avatar. Sincc it was not 100%
certain why the item was pulled from the consent agenda, the Committee discussed their concerns
and what they feel may be the reason for this item being pulled from the consent agenda and
placed on the regular agenda. Another Committee concern was that the Commissioners were
concerned about where the money was coming from. The answer to that question is simply that
the money is in the GAC Land Trust account and it will not have to be budgeted, borrowed, etc.
Another concern that was discussed was whether or not another fire district would want to have
weatherstations. The answer to that is that unless they are in Golden Gate Estates, the GAC Land
Trust cannot fund them.
t61
lA
IX. New Meeting Location - This item was put on the agenda prior to the scheduling issue being
resolved. Since we are back to our regularly scheduled meeting time of 6:30, everyone is satisfied
with our location.
X. Public Comments/Other Discussion - There were no public comments or other discussion.
XI. Next Proposed Meeting Date - Monday, March 24, 2008 @ 6:30 p.m. - The next meeting will
be at 6:30. The agenda states 7:00 for the next meeting, but since the agenda was printed, the
scheduling issue has been resolved and we are back to our regular time of 6:30.
XII. Adjournment - With no further business to discuss, a motion for adjournment was called for by
Chairperson Karen Acquard. The motion was made by Stephen Greenberg and the second to the
motion was made by Linda Hartman. This meeting of the GAC Land Trust Committee was
adjourned at 7:10 p.m.
/
(
fP~fPubJ~~~~16 J
February 28, 2008
6:30 p.m.
Fire Station 71 - Golden Gate Boulevard
lA
Committee Members
Chairperson: Karen Acquard
Vice-Chairman: Jeffrey Curl
Member: Stephen Greenberg
Member: Linda Hartman
Member: Vacant
AGENDA
I. Call to Order
II. Weatherstations
III. 1983 Agreement
IV. Amendment to Agreement
V. Adjournment
161 1A
fP~fPatc ~ ~~ C@ommittee
<Jult ([nwdean ~0JUdiim (GAC)
Thursday, February 28, 2008
6:30 p.m.
Golden Gate Estates Fire Station 71
&~~~@W~W ~~~els~t~LSt34~%
Golden Gate Estates
fJrO/Rm/ ~ - '@~
f!l''@fNI-~- '@~
~fff~-~
~~-~
~-~
'Ja6cm!JJ~ - Property Acquisition Specialist, Real Estate Services
!l(!Jni .Molt - Property Acquisition and Sales Manager
Distribution: 1983 Agreement
1989 Amendment to Agreement
1990 Amendment to Agreement
Golden Gate Estates Map
Draft of current Amendment to Agreement
Weatherstation Agreement
I. Call to Order - This special meeting of the GAC Land Trust Committee was called to order by
Chairperson Karen Acquard at 6:30 p.m.
II. Weatherstations/Amendment to the Agreement - The first issue to be discussed was the
weatherstations and the Amendment to the Agreement. Real Property Management wanted this meeting
to discuss the situation with the weatherstations and to make sure that everybody was on the same page.
It was explained to the Committee that Real Property Management is in no way trying to stop the
weatherstations from being installed as Real Property Management agrees with the Committee that the
weatherstations will be a great asset to the community. The reason for the holdup with the
weatherstations is that Real Property Management is trying to satisfy all parties involved while staying
within the limitations of the 1983 Agreement. Real Property Management stated the importance of
staying within the limitations of the Agreement for future funding requests. It was explained to the
Committee that the main concern with the placement of the weatherstations was that they were outside the
boundaries of Golden Gate Estates as defined in Exhibit A of the 1983 Agreemcnt. In order for Real
p;operty Management to be able to reimburse the Golden Gate Fire Control and Rescue ii2) for th~ A
purchase of the weatherstation the Agreement is going to have to be amended. The Committee was of
opinion that they had approved funding requests for equipment outside of the Golden Gate Estates area.
Toni Mott stated that she is not aware of any time or case where the Committee has given money for
anything outside the boundaries of Golden Gate Estates.
Real Property Management had spoken to Victor Hill prior to this special meeting and according to Victor
Hill, the Golden Gate Fire Control and Rescue District is scheduled to have the weatherstations installed
on March 3, 2008. Steven Greenberg asked why the Letter of no Objection from Avatar stating they did
not object to the weatherstations being located outsidc the boundaries of Golden Gate Estates as defined
in Exhibit A to the 1983 Agreement wasn't sufficient. Toni Mott explained that Avatar has a new
representative who is now handling the GAC issues and this individual may not be up to speed with the
Agreement at this time. Steven stated that at the last meeting, the Committee was advised that two of the
Commissioners were concerned with the locations and that was the reason that the item was pulled from
the consent agenda and moved to the regular agenda at the January 29, 2008 BCC meeting. This issue
was cleared up and it was noted that the item was not pulled because of the location of the weatherstations
but rather other questions that the Commissioners had regarding the operation of the weatherstations.
Another concern that Steven Greenberg brought up was this Amendment opening the door for requests for
anything benefiting the estates regardless of whether or not they are located within the boundaries of
Golden Gate Estates as described in Exhibit A to the Agreement. Karen Acquard responded to this by
stating that it would be up to the Committee to do their due dilligence. Karen stated that the Committee
does not send funding requests to the Board of County Commissioners on a whim and that they give items
a great deal of consideration before they make a decision. When requests are presented to the Committee,
the Committee will have to really know what is being presented. Karen stated that there are going to be
people who are going to be told no. Steven expressed concerns over the new language in the Agreement.
It was stated that Real Property Management met with County Attorney Heidi Ashton on February 27,
2008 and she also had concerns about the new language.
Real Property Management stated that the language in the Amendment to Agreement may have to be
revised so that the language is broad enough for what the Committee wants to accomplish but also tight
enough so that the Committee doesn't have a flood of requests coming before them that would not benefit
the residents of Golden Gate Estates. The language to put in the amendment was discussed by the
Committee and they decided on language that stated that the Committee can fund equipment that
specifically benefits the health and safety of the residents within the area known as Golden Gate Estates
although the equipment is not physically located within Golden Gate Estates. The Committee also
wanted governmental facilities removed. It was decided that a motion should be made on that verbiage
with the understanding that the Amendment to the Agreement will still have to be reviewed by the County
Attorney and may be revised. The stipulation of the motion is that the language be approved and the
Committee members are in agreement with minor changes by the County Attorney's Office. After the
County Attorney reviews the Amendment to the Agreement and approves it, it will be sent to the
Committee members in an email for review. If the Committee members are satisfied with the changes
made by the County Attorney's Office then this motion will stand. A motion was made by Linda Hartman
and a second to the motion was made by Jeff Curl that the Committee can fund equipment that
specifically benefits the health and safety of the residents within the area known as Golden Gate Estates
although the equipment is not physically located within Golden Gate Estates. The motion was approved
unanimously.
III. 1983 Agreement - The next issue was presented by Real Property Management. This was a
suggestion that the 1983 Agreement be updated. The Committee members will review the Agreement to
see if there are any other areas of the Agreement that they would like to see upgraded. This item will be
discussed at the next GAC Land Trust Committee meeting which is scheduled for March 24, 2007.
IV. Adjournment - Chairperson Karen Acquard called for a motion to adjourn. This meeting was
adjourned at 7:30 p.m.
J61
, ,
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clala 1n f/('
Haias____ I
Hennir;j_;:-T n Cree~!Maintenance (])retfgino
g~r~~t;'7.~. it.s. q:v. )frfvisory Committee
2885 S. Horseshoe Drive
Naples. FL 34104
February 14, 2008
AGENDA
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of January 10, 2008 Minutes
V. Transportation Services Report
A. Budget - Caroline Soto
B. Project Manager's Report - Darryl Richard
VI. Old Business/Open Items
A. Quality of Seawalls to Prevent Silting
B. Property Valuation
C. Taxing by Valuation vs. Frontage
D. Stormwater Runoff and Drain Maintenance
E. Marine Patrol of Haldeman Creek -Tom Briscoe
F. Portion of HC inside Naples City boundary not in MSTU
G. Bedrock near Sandpiper
H. Further review - Final Project Report
VII. New Business
A. Review of future meeting dates
* February 14, 2008
* March 13, 2008
* April 10, 2008
* May 8, 2008
VIII. Member Comments
IX. Public Comments
X. Adjournment
Next meeting is scheduled March 13. 2008
Collier County Transportation Bldg/East Conference Room
2885 S. Horseshoe Drive
Naples. Fl 34104
a~I=IVq~
APR 2 2 2oo't
Board of CountyCCmn-~.$
Mise Corres:
Date:
Item#j(P 1-1 A l':)
!(,
1 ~(CErv.';D
APR 2 2 2008
iala e->!;j;t:;;r;;eman Cree~~aintenance <Dretfoing
1ala5- . . rr.V. Jf.avisory Committee
-lennlng ~ '7
, Ie. ~All~'\r~<;.2FlFlS S Horseshoe Drive
JOY --
~olett:o>--- ~HQples, FL 34104
March 13, 2008
AGENDA
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of February 13, 2008 Minutes
V. Transportation Services Report
A. Budget - Caroline Soto
8. Project Manager's Report - Darryl Richard
VI. Old Business
A. Tom Briscoe - Waterway Maintenance and Shore Protection (to
include)
1. Quality of Seawalls to Prevent Silting
2. Marine Patrol of Haldeman Creek
B. Joe Patton - Monitor / Interface with Naples MSTU on Technical
Aspects of Dredging (to include)
1. Portion of HC inside Naples City boundary not in MSTU
2. Bedrock near Sandpiper
C. Vicki Tracy - Implication of Florida Tax Acts, Taxing Rules, and Public
information
D. Sharon King - Storm Water Runoff and Drain Maintenance
E. Roy Wilson - Property Tax Valuation and MSTU Boundary
F. Darryl Richard - Research on Speed Zones
VI. New Business
A. Discuss proposal to change meeting time to 3:00 - 5:00
VII. Member Comments
VIII. Public Comments
IX. Adjournment
Next meeting is scheduled April 10. 2008
Collier County Transportation 8ldg/East Conterence Room
2885 S. Horseshoe Drive
Naples, FL 34104
I
AOOtd ot County Commissioners
Misc. CoIJ8t:
0.:
nemt.
~;'.JPiel3 Ie:
ala
alas
enrllng--
oyle
(lletls --- ---
AI"II 10, 2008
J{al4eman Cree~:Maintenance (})retfgina
:MS. q: V. .ftdvisory Committee
s. Horseshoe Drive
es, FL 34104
R~<;E.lVED
~JR hoo81 A
Board of County Commissioners
AGENDA
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of March 13,2008 Minutes
V. Transportation Services Report
A. Budget - Caroline Soto
B. Project Manager's Report - Darryl Richard
VI. Old Business
A. Tom Briscoe - Waterway Maintenance and Shore Protection (to
include)
1. Quality of Seawalls to Prevent Silting
2. Marine Patrol of Haldeman Creek
B. Joe Patton - Monitor / Interface with Naples MSTU on Technical
Aspects of Dredging (to include)
1. Portion of HC inside Naples City boundary not in MSTU
2. Bedrock near Sandpiper
C. Vicki Tracy - Implication of Florida Tax Acts, Taxing Rules, and Public
information (including Plans to notify the 5 added Parcel Owners)
D. Sharon King - Storm Water Runoff and Drain Maintenance
E. Roy Wilson - Property Tax Valuation and MSTU Boundary
VI. New Business
A. Report on Meeting with Coastal Zone Management (Roy Wilson)
B. Report on Diesel Spill (Roy Wilson & Darryl Richard)
C. Meeting Schedule
D. Discuss proposal to change meeting time to 3:00 - 5:00
VII. Member Comments
VIII. Public Comments
IX. Adjournment
Mile. CoRes:
Next meeting is scheduled May 8, 2008
Collier County Transportation 8ldg/East Conterence Room
2885 S. Horseshoe Drive
Naples, FL 34104
Date:__.__
Item #:__. __
- ,. :,: - ," ~
161 1A
EXECUTIVE SUMMARY
Recommendation to consider a request to modify Haldeman Creek Dredging Municipal
Services Taxing Unit Ordinance No. 2006-60 by adding 5 parcels and modify Section Six
(8) to add" or owners of residential or commercial property"
OBJECTIVE: To obtain the Board of County Commissioner's (BCC) approval to modify
Haldeman Creek Dredging Municipal Services Taxing Unit Ordinanee No. 2006-60 to add 5
parcels to be included in the Municipal Services Taxing Unit (MSTU) boundary and to allow for
appointment of owners of residential or commercial property.
CONSIDERATION: On January 10, 2008, the Advisory Committee requested staff to add 5
parcels to the MSTU boundary. The five parcels were not included as part of the original
boundary, because they were not part of the stormwater dredging project. However, these five
water front parcels will benefit from the MSTU's maintenance of the waterways. County staff
reeommends modifieation of Ordinance No.2006-60, Section Six (B) to add "or owners of
residential or commercial property."
FISCAL IMPACT: The fees for this ordinance revision will be covered by the MSTU Fund
164.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the request to
modify Haldeman Creek Dredging Municipal Serviees Taxing Unit Ordinance No. 2006-60 by
adding 5 parcels and modify Section Six (B) to add "or owners of residential or commercial
property. "
Prepared By: Darryl Richard, Project Manager, Alternative Transportation Modes
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MEMORANDUM
Date:
December 29, 2006
To:
Darryl Richard
Project Manager - Transportation
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2006-60
Enclosed please find one (1) copy of the document as referenced
above, Agenda Item #8C, as approved by the Board of County
Commissioners on Tuesday, December 12, 2006.
If you should have any questions, please contact me at 774-8411.
Thank you.
Enclosure
---
16/ lA
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~ <r ORDINANCE NO. 2006- 6n
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AN ORDINANCE CREATING THE HALDEMAN CREEK MAINTENANCE
DREDGING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE
AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE
AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT
TO EXCEED 3 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR
THE COLLECflON OF TAXES; PROVIDING FOR CREATION OF THE
HALDEMAN CREEK MAINTENANCE DREDGING ADVISORY COMMI'ITEE,
APPOINTMENT AND COMPOSmON; PROVIDING FOR TERMS OF OFFICE
OF THE ADVISORY COMMI'ITEE; PROVIDING FOR THE OFFICERS OF
THE ADVISORY COMMlTl'EE. QUORUM AND RULES OF PROCEDURE;
PROVIDING FOR FUNCflON8, POWERS AND DUTIES OF THE ADVISORY
COMMlTI'EE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER
OR IDS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF THE
ADVISORY COMMITfEE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COUJER COUNTY
CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE
DATE.
16/
lA
WHEREAS, on May 9, 2006, the Board of County Commissioners was informed
that upon the completion of the Haldeman Creek Dredging project that an involunlaly
Municipal Service Taxing Unit would be formed with an initial millage to be established
not to exceed 3 mils to address any future dredging needs; and
WHEREAS, the Board nf County Commissioners, has detennined that the
creation of a municipal service taxing unit is the best method for implementing and
funding future dredging requirements of the public waterway areas located therein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA that:
SECTION ONE. Allthorlty.
This Ordinance is adopted pursuant to the provisions of Chapter t25.ot and
Chapter 200, Florida Statutes, and other applicable law.
SECflON TWO. Creatioll of lIle Mulllelpal Service Taxing Unit.
There is hereby created and established the Haldeman Creek Dredging Municipal
Service Taxing Unit, hcrein.after referred to as "MSTU." The boundaries of the MSTU .
are as follows: See attached Exhibit "A" which is incorporated herein by referenc<f: '. :c,;
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SECflON TlIRl1Jr.. i'lII'paIe and Goveming Body. "cc
The MSTU is created for the purpose of providing m.;n'"".ne.e dredging within
the MSTU as determined by the Advisory Committee.
The M.;nt""."".e Tasks sball include but not be limited to:
A. }vfJlintI!'!nAIV".e Dredging;
B. Maintenance of navigational channel markers;
1 6 J
lA
The governing body of the MSTU shall be the Board of County Commissioners of
Collier County, Florida.
SECTION FOUR. FwodiD& aDd Lny of Tn..,
For the purpose of implementing this Ordinance, the Board of County
Commissioners shall annually, at the time requiled by gcneral budgetary law, make an
itemized estimate of the amount of money required to carry out the business of the
MSTU for the next fiscal year, which shall be from October t to and including September
30 following. The estimate shall describe the purpose for which the moneys are requiled
and the amount necessary to be raised by taxation within the MSTU. At the time and
place for fixing the annual rate of taxation for County purposes, the Board shall fix and
cause to be levied on all properties within the MSTU subject to taxation a millage rale not
to exceed 3 mils per year.
SECTION FIVE. Tn Aueument and CoI1ectlOD.
Taxes ileIein provided for shall be assessed and collected in the same manner and
form as provided for the assessment and collection of general County taxes and subject to
the same fees for assessing and collecting as general County taxes.
SECTION SIX. Creation of the IbldemaD Creek Dredpng Malnteaance Advilory
Committee, Appointm..t aDd Compo.ltioD.
A. There is ileIeby created and established the Haldeman Creek Dredging
Maintenanoe Advilory Committee, hereinafter referred to as the "Committee.>>
B. The Committee shall consist of five (5) members which generally represent the
area within the MSTU. Members of the Committee shall be appointed by and
serve at the pleasure of the Board of County Commissioners. Said members shall
be permanent residents within the MSTIJ and electors of Collier County. The
Board of County Commissioners shall consider appointment of members from
different parcels, subdivisions and/or the communities within the MSTU.
C. Appointment of the members to the Committee shall be by resolution of the
Board of County Commissioners, which resolution shall set forth the date of
appointment and the term of office.
D. Members of the Committee shall serve without compensation but shall be entitled
to receive reimbursement for expenses reasonably incurred in the performance of
their duties upon prior approval of the Board of County Comm;<l.uoners.
SECTION SEVEN. Terma of Oftice of the Aclvlaory Committee.
The initial terms of office of the Committee shall be as follows:
A.
B.
C.
Two (2) members shall be appointed for a term of two (2) yoars.
Two (2) members shall be appointed for a term of three (3) yoars.
One (t) Member shall be appointed for a term offour (4) yoars.
Thereafter each appoin1ment or reappointment shall be for a term of four (4)
years. Appoin1ments to till any vacancies on the Committee shall be for the rem_inn.". of
the unexpired term of office.
SECflON EIGHT. 0fIken of the AdvIsory Committee, Quorum And Rules of
Proeedure.
A. At its earliest opportuuity, the membership of the Committee shall elect a
chairman and vice chairman from among its members. Officer's terms
shall be for one (I) year, with eligibility for re-election.
B. The presence of three (3) or more members shall constitute a quorum of
the Committee necessary to take action and transact business.
C. The Committee shall, by majority vote of the entire membership, adopt
rules of procedure for the transaction of business and shall keep a written
record of the meetings, resotutions, reports and exhibits, findings and
detenninalions. Copies of all Committee minutes, resolutions, reports,
and exhibits shalt be submitted to the Boord of C~unty Commissioners.
D. Committee member attendance requirements, including failure to attend
meetings and member removal from office are governed by Ordinance No.
200 I-55, as it may be amended, or by its successor ordinance.
SECflON NINE. Fwaetiolll, Powen and Dud.. of the Advisory ColIIDIittee.
The functions, powers and duties of the Committee shall be as follows:
A. To aid and assist the Board of County Commissioners in Carrying out the
MSTU as set forth in this Ordinance.
B. To prepare and recommend to the Board of County Commissioners an
itemized budget of the amount of money required to carry out the business of
the MSTU for the next tiscaI year. In carrying out this responsibility, the
Committee shall, no later than April I" of each year, meet with the County
Manager or his designee and outline to the County Manager or his designee
those projects which the committee wishes to see accomplished during the
next tiscaI year. Based upon this infonnation, the County Manager or his
designee shall prepare a proposed budget for the MSTU, in accordance with
standard County guidelines regarding preparation of budgets. This proposed
budget shall then be reviewed by the Committee and upon approval by the
Committee be lransmitted through the County Manager or his designee to the
Board of County Commissioners for adoption in accordance with procedures
for the adoption of budgets set forth under general law and the Board of
County Commissioners' policy. Should the Committee fail to approve the
budget by June 1st of each year, the County Manager or his designee shall be
.._"~,---,.- ~...,,--""---~._-_.__.__._--~-
161
1A
authorized to submit a proposed budget to the Board of County
Commissioners.
C. The Committee sba1l recommend worl< programs and priorities to the County
Manager or his designee in accordance with the adopted budget or budget
ameoy!m.... which may be adopted by the Board of County Commissioners.
The execution of work programs sba1l be under the direct supervision and
=ponsibility of the County Manager or his designee. Said work may be
preformed under contract (in accordance with law) or by County forces.
D. The Committee may adopt and amend "Guidelines" to govern its operation
and the operation of the MSTIJ, subject to approval by the Bow of County
Commissioners.
SECflON TEN. Dutieo of the COUllty Man..r or his DeaigDee.
The duties of the County Manager or his designee sba1l be:
A. To administer the activities of the MSTIJ in accordance with established
policies of the Board of County Commissioners and guidelines adopted by the
Committee.
B. To prepare the annual budget in acoordance with Section Nine, Paragraph B.
above.
C. To provide periodic written reports to the Committee, and the Bow of
County Commissioners of the activities of the MSTIJ and its finances in
accordance with established guidelines of the Board of County
Commissioners and/or the Committee.
D. Attend all Committee meetings.
SECfION Jr.1.I!;VEN. Review Proc....
This Advisory Committee shall be reviewed once ever four (4) Yearll commencing
2006, in accordance with the procedures contained in Collier County Ordinance No.
2001-55, as it may be amended, or its successor Ordinances.
SECflON TWELVE. CODftlet ad Severability.
In the event this 0Idinance conflicts with any other Ordinance of Collier County
or other applicable law, the mole lestrictive sba1l apply. If any court of competent
jurisdiction holds any phrase or portion of the 0Idinance invalid or unconstitutional, such
portion shall be deemed a separate, distinct and independent provision and such holding
sba1l not affect the validity of the ......;"illg portion.
161
1A
161
lA
SECTION TRIllTEEN. IDcluloD in the Code of LawI and Ordinm_.
The provisions oftbis o.dinaDce shall become ODd be made a part of the Code of
Laws ODd Ordinances of Collier CoUDty, Florida. The sections of the o.dinaDce may be
renumbered or re-Iettered to accomplish such, and the word "Ordinance" may be changed
to "Section,." ..Article". or any other appropriate word.
SECTION FOURTEEN. Effective Date.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this t2th day of December, 2006.
DATED:
'rT'C~,' tflt;s' >"
A"'4~...,""".....~t-"'"
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D~~.i""~'~LERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
~~
I'~.-'./
FRANK HALAS, CHAIRMAN
Approved as to form lIIId
~i2Ll
Scon R. Teach,
Assistant County Attorney
This ordinance fil~d with Ih
Secretory o~e's OfW:8 t1.].:
~doyol C',~
end acknowledgemen! gf thct
flll~received this ~ day
01 ~..,~&rr)J,())>L.
li':orhihtt"A"
The R.ld........ Creek Dredmn... Un.irinal Servb T-"In.. Unit
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTIONS 11,12,13 & 14, TOWNSHIP SOS, RANGE
25E. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT, BEING THE NORTH EAST CORNER OF SECTION 14,
TOWNSHIP SO SOUTH, RANGE 25 EAST; WHICH IS ALSO THE NORTH EAST
CORNER OF LOT 118 OF THE NAPLES GROVE AND TRUCK COMPANY'S LITTLE
FARMS NO.2 AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA
THENCE S.89022'57"E. FOR 333.43 FEET; TO A POINT ON THE WEST LINE OF
TRACT B, COURTHOUSE SHADOWS AS RECORDED IN PLAT BOOK 29. PAGE 41
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND CONTINUING
ALONG THE SAID PLATLINES FOR THE NEXT (8) CALLS,
(1) THENCE N.00023'57"E. FOR 11.05 FEET;
(2) THENCE N.51036'02'E. FOR 309.0S FEET;
(3) THENCE N.84013'11"E. FOR 80.05 FEET;
(4) THENCE S.S1038'02'W. FOR 5.00 FEET;
(S) THENCE S.38023'58"E. FOR 404.47 FEET;
(6) THENCE N.S1038'02"E. FOR 98.00 FEET; TO A POINT ON THE WESTERLY
RIGHT-oF-WAY OF U.S. 41.
(7) THENCE ALONG SAID RIGHT-OF-WAY, S.38023'58"E. FOR 128.47 FEET; TO
A POINT LYING ON THE NORTH SIDE OF A DRAINAGE EASEMENT
DESCRIBED IN DEED BOOK 26, PAGE 193 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
(8) THENCE CONTINUING ALONG SAID RIGHT-OF-WAY OF U.S. 41,
S.38023'38"E. FOR 190.55 FEET; TO A POINT LYING ON THE SOUTH SIDE OF A
DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY OF U.S. 41, S.38023'38"E.
FOR 59.24 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY, S.S0049'31'W. FOR 131.80 FEET;
THENCE N.69035'01'W. FOR 353.34 FEET:
THENCE S.oooOO'2O"E. FOR 80.00 FEET;
THENCE N.69041'20'W. FOR,420.oo FEET;
THENCE N.87026'S9'W. FOR 22.00 FEET;
THENCE N.89056'20'W. FOR 135.00 FEET; TO A POINT ON THE EAST RIGHT -oF-
WAY OF DOMINION DRIVE,
THENCE N.00003'4O"E. FOR 128.12 FEET:
THENCE S.89038'10'W. FOR 59.99 FEET; TO A POINT ON THE WEST RIGHT -oF-
WAY OF ooMINION DRIVE,
THENCE ALONG SAID RIGHT-OF-WAY, S.00003'4O'W. FOR 474.69 FEET;
THENCE S.89052'SO'W. FOR 294.58 FEET; ALONG THE NORTH RIGHT-OF-WAY OF
ARECA AVE. AS DESCRIBED IN SUBDIVISION OF BLOCK F, SABAL SHORES AS
RECORDED IN,PLAT BOOK 4, PAGE 40 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S.89052'SO'W. FOR 3SO.OO
FEET:
THENCE N.oooOO'oo"E. FOR 351.01 FEET; TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY 41.90 FEET, ALONG THE ARC OF A NON-TANGENTIAL
CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 39.83 FEET. THROUGH
A CENTRAL ANGLE OF 80018'34" AND BEING SUBTENDED BY A CHORD WHICH
BEARS N.29055'3S"E. FOR 40.00 FEET, TO; TO A POINT OF CURVATURE;
THENCE NORTHEASTERLY 42.08 FEET, ALONG THE ARC OF A NON-TANGENTIAL
CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 40.17 FEET, THROUGH A
CENTRAl ANGLE OF 80"01'130 AND BEING SUBTENDED BY A CHORD WHICH
BEARS N.290S5'35"E. FOR 40.18 FEET, TO ;
THENCE S.890S2'5O'W. FOR 100.00 FEET;
THENCE S.oooOO'oooE. FOR 89.89 FEET;
THENCE S.890S1'3O'W. FOR 700.00 FEET; TO A POINT ON THE EASTERLY RIGHT-
OF-WAY OF BAYSHORE DRIVE.
161
1A
THENCE CONTINUE S.89051'3O'W. FOR 100.00 FEET; TO A POINT ON THE
WESTERLY RIGHT '()F-WAY OF BAYSHORE DRIVE,
THENCE ALONG SAID RIGHT-OF-WAY. S.oooOO'OO"E, FOR 489.63 FEET; TO A
POINT OF CURVATURE;
THENCE LEAVING SAID RIGHT-OF-WAY. SOUTHWESTERLY 39.20 FEET, ALONG
THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A
RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89050'2T' AND BEING
SUBTENDED BY A CHORD WHICH BEARS S.44055'13'W. FOR 35.31 FEET, TO A
POINT ON THE NORTH RIGHT .()F-WAY OF LAKEVlEW DRIVE AJ3 SHOWN IN GULF
SHORES SUBDIVlSION AJ3 RECORDED IN PLAT BOOK 4, PAGE 50 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA. ;
THENCE S.89050'27'W. FOR 1,215.98 FEET;
THENCE S.55035'14'W. FOR 60.57 FEET;
THENCE S.89035'14'W. FOR 325.71 FEET; TO A POINT LYING ON THE EAST
BOUNDARY OF TRACT B. OF W1NDSTAR SUBDIVlSION AS RECORDED IN PLAT
BOOK 14, PAGES 12-15 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA. AND CONTINUING ALONG SAID PLATLlNE FOR THE NEXT (3) CALLS;
(1) THENCE N.00013'07'W. FOR 132.66 FEET:
(2) THENCE S.89035'llOE. FOR 30.47 FEET;
(3) THENCE N.00013'07'W. FOR 1.335.47 FEET;
THENCE LEAVING SAID PLATLINE, S.82000'1O'W. FOR 158.35 FEET; ALONG THE
EASTERLY LINE OF A PARCEL OF LAND AS DESCRIBED IN OR BOOK 2754, PAGE
2850 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOR THE NEXT
(42) CAllS,
(1) THENCE S.78041'21'W. FOR 184.00 FEET;
(2) THENCE S.22049'49"W. FOR 81.06 FEET:
(3) THENCE S.5002T04'W. FOR 101.55 FEET;
(4) THENCE S.58051'SO'W. FOR 58.28 FEET;
(5) THENCE N.8404O'34'W. FOR 72.34 FEET:
(8) THENCE S.76007'47'W. FOR 113.00 FEET:
(7) THENCE S.54006'36'W. FOR 90.85 FEET:
(8) THENCE S.25009'36'W. FOR 25.85 FEET;
(9) THENCE S.17003'~W. FOR 23.41 FEET;
(10) THENCE S.11001'23"E. FOR 55.54 FEET;
(11) THENCE S.04020'36'W. FOR 94.75 FEET;
(12) THENCE S.32014'25'W. FOR 159.05 FEET'
(13) THENCE S.07038'14"E. FOR 34.43 FEET; ,
(14) THENCE S.35032'27"E. FOR 94.54 FEET;
(15) THENCE S.03018'57'W. FOR 292.24 FEET'
(18) THENCE S.42037'09'W. FOR 111.02 FEET:
(17) THENCE S.20033'59'W. FOR 99.28 FEET; ,
(18) THENCE S.21022'23'W. FOR 71.83 FEET;
(19) THENCE S.52012'31'W. FOR 408.66 FEET;
(20) THENCE S.82028'18'W. FOR 230.33 FEET:
(21) THENCE S.3004O'44'W. FOR 192.53 FEET;
(22) THENCE S.17019'34'W. FOR 219.43 FEET:
(23) THENCE S.44020'44'W. FOR 94.89 FEET;
(24) THENCE S.58045'28'W. FOR 215.33 FEET:
(25) THENCE S.05"21'48'W. FOR 42.83 FEET;
(28) THENCE S.06059'10'W. FOR 378.44 FEET;
(27) THENCE S.52038'49'W. FOR 245.54 FEET;
(28) THENCE S.87"24'12'W. FOR 105.57 FEET'
(29) THENCE S.50011'00'W. FOR 11.53 FEET; ,
(30) THENCE S.11039'26"E. FOR 79.74 FEET'
(31) THENCE N.87033'55"E. FOR 13.98 FEET;
(32) THENCE S.21004'35"E. FOR 104.77 FEET;
(33) THENCE S.70018'2O"E. FOR 48.32 FEET;
(34) THENCE N.79053'450E. FOR 98.25 FEET;
(35) THENCE N.59011'06"E. FOR 124.42 FEET:
(36) THENCE S.59051 '49"E. FOR 22.11 FEET;
(37) THENCE S.06034'37'W. FOR 208.89 FEET;
(38) THENCE S.61038'29'W. FOR 112.07 FEET;
(39) THENCE S.8903O'13'W. FOR 119.20 FEET;
(40) THENCE S.51013'33'W. FOR 66.66 FEET;
(41) THENCE S.35033'53'W. FOR 84.84 FEET;
(42) THENCE S.4304T58'W. FOR 135.55 FEET; TO A POINT ON THE WEST
LINE OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 28 EAST. ALSO BEIN THE
WEST LINE OF TRACT B OF W1NDSTAR SUBDIVlSION AS RECORDED IN PLAT
161 lA
BOOK 14, PAGES 12-15 OF THE PUBliC RECORDS OF COLLIER COUNTY,
FLORIDA.
THENCE N.00012'53'W. FOR 203.32 FEET;
THENCE N 00009'12'W. FOR 843.41 FEET;
THENCE CONTINUE N.00009'12'W. FORAN1,39D1WE.07S~ Y LINE OF SAID TRACT B.
THENCE LEAVING SAID SECTION LINE
N 14045'47"E. FOR 199.17 FEET; OF A
THENCE N.00006'21"E. FOR 427.72 FEET; TOK 3QOTHEl Np~~~~~~~~BLIC
PARCEL OF LAND DESCRIBED IN OR BOO ,
RECORDS OF COLLIER COUNTY, FLORIDA.
THENCE N.00043'42'W. FOR 1,295.38 FEET; TO A POINT ON THE SOUTH RIGHT-
OF-WAY OF MARLIN DRIVE, . TO A
THENCE ALONG SAID RIGHT-OF-WAY, N.89031'330E. FOR 1,305.55 FEET,
POINT ON THE EAST RIGHT-OF-WAY OF PALM STREET THE POINT ALSO BEING
ON THE WEST LINE OF NAPLES LAND YACHT HARBOR. A PARCEL OF LAND
DESCRIBED IN OR BOOK 714, PAGE 1710 OF THE PUBLIC RECORDS OF COLUER
COUNTY, FLORIDA. , 'w FOR 1 37449 FEET'
THENCE ALONG SAID WEST BOUNDARY LINE, N.OO"3825. " ,
TO THE NORTHWEST CORNER OF SAID NAPLES LAND YACHT HARBOR,
THENCE ALONG SAID NORTH BOUNDARY LINE. N.89033'52"E. FOR 1,247.66 FEET;
TO THE NORTHEAST CORNER OF SAID NAPLES LAND YACHT HARBOR.
THENCE ALONG THE EAST LINE OF NAPLES LAND YACHT HARBOR.
S.ooo33'08"E. FOR 818.83 FEET;
THENCE S.89032'43'W. FOR 823.36 FEET;
THENCE S.00035'47"E. FOR 166.00 FEET;
THENCE LEAVING THE BOUNDARY OF NAPLES LAND YACHT HARBOR.
N.89032'43"E. FOR 150.81 FEET;
THENCE S.ooo35'07"E. FOR 1 00.00 FEET;
THENCE N.89019'240E. FOR 159.27 FEET; TO THE WEST RIGHT-OF-WAY LINE OF
ARBUTUS DRIVE,
THENCE S.00035'47"E. FOR 992.99 FEET:
THENCE S. n052'26'W. FOR 255.21 FEET;
THENCE N.00035'47'W. FOR 994.00 FEET;
THENCE S.89024'13'W. FOR 20.00 FEET;
THENCE N.00035'47'W. FOR 50.05 FEET;
THENCE S.89032'41'W. FOR 40.00 FEET; TO A POINT ON THE EAST LINE OF
NAPLES LAND YACHT HARBOR A PARCEL OF LAND DESCRIBED IN OR BOOK
714, PAGE 1710 OF THE PUBliC RECORDS OF COLLIER COUNTY, FLORIDA.
THENCE S.00035'47''E. FOR 1.086.59 FEET;
THENCE N.n052'28"E. FOR 684.32 FEET:
THENCE N.ooo00'42"E. FOR 131.01 FEET; TO A POINT BEING THE NORTHWEST
CORNER OF LOT 37, OEMERE LANDING SUBDIVISION AS RECORDED IN PLAT
BOOK 4, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A
POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF BECCAAVENUE,
THENCE S.89059'03''E. FOR 297.97 FEET; ALONG SAID RIGHT-OF-WAY LINE,
THENCE LEAVING SAID RIGHT-OF-WAY, S.00006'52"E. FOR 252.07 FEET:
THENCE N.89053'08"E. FOR 60.00 FEET;
THENCE N.00006'52'W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -OF-
WAY LINE OF BECCA AVENUE,
THENCE ALONG SAID RIGHT-OF-WAY, S.89059'03"E. FOR 270.00 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY. S.00006'52"E. FOR 252.07 FEET;
THENCE N.89053'08"E. FOR 60.00 FEET;
THENCE N.00006'52'W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -OF-
WAY LINE OF BECCA AVENUE,
THENCE ALONG SAID RIGHT-OF-WAY, S.89059'030E. FOR 270.00 FEET;
THENCE LEAVING SAID RIGHT.OF-WAY, S.00006'52"E. FOR 252.07 FEET;
THENCE N.89053'08"E. FOR 60.00 FEET;
THENCE N.00006'52'W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -OF-
WAY LINE OF BECCA AVENUE.
THENCE ALONG SAID RIGHT-OF-WAY, S.89059'03"E. FOR 270.00 FEET; TO A
POINT ALSO ON THE WEST RIGHT-OF-WAY OF BAYSHORE DRIVE,
THENCE S.37"24'59"E. FOR 165.01 FEET; TO A POINT ON THE EAST RIGHT -OF-
WAY OF BAYSHORE DRIVE. ALSO BEING THE NORTHWEST CORNER OF LOT 121
OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No.2. AS
RECORDED IN PlAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
THENCE N.89053'08"E. FOR 193.65 FEET; TO A POINT ON THE WEST LINE OF A
PARCEL OF LAND DESCRIBED IN OR BOOK 2983, PAGE 379 OF THE PUBLIC
16 IlIA
RECORDS OF COLLIER COUNTY, FLORIDA. AND WILL CONTINUE TO RUN
ALONG SAID BOUNDARY FOR THE NEXT (19) CALLS,
(1) THENCE N.00006'52'W. FOR 799.75 FEET:
(2) THENCE N.8905T01"E. FOR 44.86 FEET;
(3) THENCE N.ooo08'20'W. FOR 10.38 FEET;
(4) THENCE S.6400T22'E. FOR 45.88 FEET;
(5) THENCE N.38009'22''E. FOR 205.26 FEET; TO THE WESTERLY RIGHT -OF.
WAY OF U.S.41 ,
(6) THENCE ALONG SAID RIGHT-OF-WAY, S.5105O'39"E. FOR 115.49 FEET;
(7) THENCE LEAVING SAID RIGHT-OF-WAY, S.38009'32'W. FOR 190.01 FEET;
(6) THENCE S.5105O'42'E. FOR 69.71 FEET;
(9) THENCE S.ooo53'09"E. FOR 220.16 FEET;
(10) THENCE N.88053'51"E. FOR 147.79 FEET;
(11) THENCE N.01008'08'W. FOR 100.00 FEET;
(12) THENCE S.5105O'11"E. FOR 10.78 FEET;
(13) THENCE N.01006'09'W. FOR 245.43 FEET; TO THE WESTERLY RIGHT-
OF-WAY OF U.S.41,
(14) THENCE ALONG SAID RIGHT-OF-WAY. S.51050'34"E. FOR 15.05 FEET;
(15) THENCE LEAVING SAID RIGHT-OF-WAY. S.00042'52"E. FOR 653.02 FEET;
(18) THENCE S.69058'17'W. FOR 4.98 FEET;
(17) THENCE S.00042'52"E. FOR 291.22 FEET;
(18) THENCE N.89055'57'W. FOR 9.98 FEET;
(19) THENCE S.00042'55"E. FOR 872.72 FEET;
THENCE N.69049'00"E. FOR 145.13 FEET:
THENCE S.00019'200E. FOR 30.00 FEET'
THENCE N.69049'OO"E. FOR 450.63 FEeT;
THENCE N.00019'2O'W. FOR 30.00 FEET'
THENCE N.89049'OO"E. FOR n.13 FEET;'TO THE POINT OF BEGINNING OF THE
PARCEL DESCRIBED HEREIN.
CONTAINING 11,878,801 SQUARE FEET OR 288.1 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE CENTERUNE OF GULFVlEW DRIVE WHICH UES
IN THE GULF SHORES SUBDIVISION, PLAT BOOK 4, PAGE 50 AS BEEING EAST.
1611 1 A
lbJ
rr
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. 2006-60
Which was adopted by the Board of County Commissioners on
the 12th day of December 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th day
of December 2006.
DWIGHT E. BROCK . .,,' '''''<
Clerk of couf~,1I:1'~'i\d:.,c;;1'efk
Ex-officio !:b' Bgard'-o",.
County Commis$1bners S.
~/';:'l n, .,,/':~\ _
,~.~tJl~
Teresa Dtl1:arq,:~", '
Deputy Cl~k'i'"
_~,___~'_~_'_.-"""M____<_"""___'_
161
lA
Mareh 13, 2008
Darryl & Tessie
Prepared by:
Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes
Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation
Modes
Haldeman Creek MSTU Project Status
Note: Meetings will resume with the New Fiscal Year! 07-08: Pending Budget Report - State
Leg. Changes
(H-7) ACTIVE (POC Darryl) u Replacement of Channel Markers #6 and #13
2-14-08: Quote received for $2,400.00 (material) and $2,000.00 (mobilization). Mobilization cost
may be waived upon confirmation of coordination with Coastal Management project.
(H-6) ACTIVE (POC Darryl) - 5 parcels add to the boundary of MSTU
1-20-08 - RLS sent to County Attorney.. recommendation pending.
3-3-08: County Attorney recommendation to go before BCC.
3-10-08: item in Novus - to request to add S parcels to MSTU boundary.
(H-4) COMPI.I,TU) (POC Darryl) - Discussion regarding the impact of certain proposed state
tax initiatives centered around how they might restrict the MSTU's desire to raise funds to
perform surveys, test, and eventually dredging Roy Wilson volunteered to attend the meeting.
S-16-07: Next Haldeman Creek MSTU Meeting is scheduled for October 2S, 2007 4:00 PM.
10-2S-07: Committee voted on no meeting in November, but on December 13, 2007.
12-6-07: Committee Chairman - cancelled mceting in December and next meeting will be held
January I ad" 2008.
(H-3) COMPI.ITID Haldeman Creek Dredging Project
4-26-07: Committee met and Margarette Bishop updated committee:
The final report will be after June 1,2007 whcn the project is finished. Margaret Bishop was
requested to provide Committee the locations where the dredging did not meet the five feet below
low mean water.
1-21-08: CD's of final report were distributed to committee members.
(H-S) 1\ 11llplclC I PI II '-I cs"c I - Karen Beatty Resigned - 1 vacancy.
12-14-07- Applications rcceived for committee to review and make a recommendation.
1-21-08: Committee recommended Sharon King. Memo sent to Sue Filson within the 41
deadline.
2-12-08: BCC Appoints Sharon King to Haldeman Creek Advisory Committee
(H-2) 1', llllplclC- Committee vote for meeting schedule
3-29-07 Joe Patton moved to have monthly meetings until May and then take off June, July, and
AUh'1lst and start again in September. Second by Karen Beatty. Next meeting April 26, 2007.
4-26-07: Committee voted on not meeting until they have a budget in October 2006 for FY 07-
08.
(H-I) COMl'LFTI' - Committee vote for millage rate
3-29-07: Committee approved .1 mills that would generate $9,090 per fiscal year.
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161 1A
ARTICLE II. BEACH AND WATER SAFETY AND VESSEL CONTROL*
*State law references: Watercraft and water safety, F.S. ch. 327; restrictions on local
water safety regulations, F.S. ~ 327.60.
DIVISION 1. GENERALLY
Sec. 146-31. Title and citation.
This division shall be known and be cited as the "Collier County Beach and
Water Safety and Vessel Control Ordinance."
(Ord. No. 89-11, 92)
Sec. 146-32. Definitions.
The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
Aircraft means any motor vehicle or contrivance now known or hereinafter
invented, which is used or designed for navigation of or flight in the air, except a
parachute or other contrivance designed for such navigation but used primarily as safety
equipment. The term "aircraft" shall include ultralight aircraft and seaplanes.
A-weighted scale or sound level means the sound pressure level in decibels as
measured on a sound level meter using the A-weighted network. The level so read is
designated dBA.
Bather means any person who is in the same water as a vessel, whether said
person is swimming, wading or engaged in any other activity in the water.
Bathing area means any area of the beach and adjoining waters in which
bathers are located or may be located, whether or not designated by signs or other form
of notificafion.
Beach means the soft sand portion of land lying seaward of a seawall or line of
permanent vegetation and seaward of the mean high water line.
Bloodbaiting means the use of blood or bloody fish parts to attract sharks.
Camping means the erection of shelter or similar structures for the purpose of
sleeping or lying upon the beach either under or outside of any shelter, vehicle, bedroll,
blanket, or other protective garb.
Chumming means the throwing of bait or fish parts into the water to attract fish.
County means the unincorporated area of Collier County, Florida.
Decibel (dBA) means a unit for describing the amplitude of sound, equal to 20
times the logarithm to the base 10 of the ratio of the pressure of the sound measured to
the reference pressure, which is 20 micronewtons per square meter.
Gulf means the Gulf of Mexico.
Idle ~ means the lowest speed at which a vessel or sailcraft can operate
and maintain steering control.
Jet ski means any personal watercraft designed exclusively for the riding
enjoyment of one or two persons, being propelled by propellers or by a jet pump with a
fully enclosed impeller and not weighing over 350 pounds or having a length greater
than ten feet. The term jet ski for purposes of this division shall include "sea sleds,"
16/ If
"dolphin boats," "wave runners," or other such product name meeting the description
herein provided.
License or licensed means a county occupational license or having such
license.
Operate or operation means to navigate or otherwise use any aircraft or vessel
in or on the water.
Permit means a beach vendor's permit issued by the county.
Rafts, floats, and flotation devices means any device, whether of canvas, vinyl,
rubber. styrofoam or other substance, intended or capable of assisting in the flotation of
a person on or in the water of the Gulf of Mexico. The term shall not include vessels or
sailcraft, but shall include body boards unless the context clearly indicates otherwise.
Sailcraft means a wind-propelled vehicle used or capable of being used as a
means of transportation on or in the water, including sailboats, sailboards and
windsurfboards.
Seaplane means any aircraft that is capable of landing and/or lifting off from a
water surface.
Solicit or canvass means any act, delivery, or exchange not initiated by the
prospective customer or which directs attention to any business, mercantile or
commercial establishment. or any other commercial activity, for the purpose of directly or
indirectly promoting commercial interests through sales, rentals, or any exchange of
value.
Surfing means the riding or paddling of a surfboard within the waters of the Gulf
of Mexico abutting or adjacent to the beach.
Ultralight aircraft or ultralight means any heavier-than-air, motorized aircraft
which meets the criteria for maximum weight, fuel capacity and airspeed established for
such aircraft by the Federal Aviation Administration under part 103 of the Federal
Aviation Regulations.
Vessel means a motor propelled or artificially propelled vehicle and every other
description of boat. watercraft, barge, and airboat other than a seaplane on the water,
used or capable of being used as a means of transportation on or in the water, including
jet skis.
(Ord. No. 89-11, S 4)
Cross references: Definitions generally, S 1-2.
Sec. 146-33. Penalty.
Any owner, operator, or person in command of any vessel or aircraft or any other
person who violates the provisions of this division or fails to comply with the
requirements of this division shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined or imprisoned, or both, as provided by law, and in addition shall
pay all costs and expenses incurred in the prosecution of such violation. In addition, and
as an alternative means of enforcement, the county may enforce the provisions or
requirements of this division by means of any available civil remedy before the
appropriate code enforcement board or in a court of competent jurisdiction.
(Ord. No. 89-11, S 8)
State law references: Penalty for ordinance violations, F.S. S 125.69.
Sec. 146-34. Intent and purpose.
It is the intent and purpose of this division to protect and promote the health,
safety and welfare of the public at large, including residents and visitors to the county by
providing reasonable regulation of the public's use and conduct on the beach and
161 1A
adjoining waters of the county, including the designation of specific areas within which
the operation of aircraft and vessels may be regulated or prohibited. It is further intended
that this division shall be liberally construed to effect such intent and purpose.
(Ord. No. 89-11, 9 1)
Sec. 146-35. Applicability.
This article shall apply to and be enforced in the unincorporated area of the
county, including Key Island, Marco Island, Sand Dollar Island and Little Hickory Island,
and, except as otherwise specified herein, shall not apply to the other barrier islands
within county jurisdiction.
(Ord. No. 89-11, 93; Ord. No. 96-28, 91, 6-11-96)
Sec. 146-36. Enforcement.
The provisions of this division shall be enforced by members of any duly
authorized law enforcement agency or officers having jurisdiction in the county.
(Ord. No. 89-11, 99)
Sec. 146-37. Regulation of use and conduct on the beach.
(a) Possession of glass containers prohibited. It shall be unlawful for any person while
on the beach or beach access areas to possess or utilize any glass bottle or container.
(b) Restrictions on animals on beach. It shall be unlawful for any person owning or
have under his control any animal to permit such animal upon the beach, except guide
dogs accompanying visually impaired persons or hearing ear dogs accompanying
hearing impaired persons shall be allowed on the beach at all times.
(c) Open fires prohibited; heated objects to be disposed of properly. It shall be unlawful
for any person to have an open fire on the beach. Said prohibition shall not include a
stove or grill where so designated and posted by the county parks and recreation
department. It shall be unlawful for any person to dispose of any coals, briquets, embers
or other heated object from any stove or grill at the beach in other than a county
designated receptacle.
(d) Overnight camping prohibited. It shall be unlawful to camp overnight on the beach.
(e) Fishing. It shall be unlawful for any person while on the beach or within 1,000 feet
from shore to intentionally fish for sharks or to fish by those methods commonly known
as "chumming" or "blood baiting." Nothing herein shall be construed to create a duty of
any sort on the part of any law enforcement officer or county employee to prevent fishing
or to warn of the presence of sharks in the Gulf of Mexico.
(f) Throwing of balls, frisbees, or other objects. It shall be unlawful for any person to
throw any ball, frisbee, or other objecf through any bathing area after having been
warned by any law enforcement officer that such activity interferes with or endangers the
movement of pedestrian traffic or public safety.
(g) Swimming. No person, except a person actually engaged in a rescue attempt,
shall:
(1) Swim or bathe within 150 feet measured in any direction from a pier or jetty; or
(2) Swim or bathe in any area posted exclusively for vessel and/or sailcraft use.
(h) Use of rafts, floats, and other flotation devices. No person shall use any raft, float,
body board, or other flotation device of any description, except for a vessel or sailcraft,
more than 500 feet from the water's edge.
(i) Operation of vessel or sailcraft while intoxicated. No person shall operate a vessel
or sailcraft of any description, whether motorized or not, surf or otherwise use any other
equipment in the Gulf of Mexico when under the influence of any alcoholic beverage, or
161 1A
any chemical substance as set forth in F.S. 9877.111 or any substance controlled under
F.S. ch. 893 to the extent that the person's normal faculties are impaired.
Gl Use of aircraft on beach or from or over specified saltwater prohibited. No person
shall operate an aircraft, including seaplanes or ultralights, ultralight trainers, or
"ultralight vehicles" as defined in Chapter 14 of Code of Federal Regulations, paragraph
103.1, on or from the beach or adjoining water within 500 feet of the water's edge. In the
area west of a southerly projection of a northlsouth line that bisects the intersection of
County Road 92 (San Marco Road) and U.S. Highway 41 (Tamiami Trail), no person
shall operate any ultralight (including ultralight trainers and ultralight vehicles) from, on or
over any saltwater except at a horizontal distance greater than 500 feet seaward from
the nearest shoreline of the mainland or nearest shoreline of the nearest island,
whichever is the most restrictive reference point.
(k) Soliciting and canvassing prohibited. There shall be no solicitation or canvassing of
the public on the beach:
(1) By other than licensed concessionaires of goods and services for use or
consumption on the beach. No person other than a licensed concessionaire shall solicit
or canvass for the sale or rental of merchandise, services, goods, or property of any kind
or character intended for use or consumption on the beach.
(2) By licensed concessionaires. No licensed concessionaire shall solicit or canvass for
the sale or rental of any merchandise, services, goods or property of any kind or
character except from within or within ten feet of his licensed premises or vehicle.
(3) By any person of goods and services for use or consumption off the beach. No
person shall solicit or canvass for the sale or rental of any merchandise, services, goods
or property of any kind or character to be delivered or performed off the beach.
(I) Sound amplification. No audio device, such as loudspeakers, television, radio,
compact disc, tape, or record player, or musical instrument, except equipment used by
law enforcement, rescue or beach safety personnel, shall be used on the beach in a
manner that:
(1) Exceeds a noise level of 60 decibels (dBA) measured on the A-weighted scale at 25
feet from the sound source; or
(2) Otherwise violates chapter 54, article IV, of this Code.
(m) Breach of the peace; disorderly conduct. No person shall commit such acts as are
of a nature to corrupt the public morals, or outrage the sense of public decency, or affect
the peace and quiet of persons who may witness them, or engage in brawling or fighting,
or engage in such conduct as to constitute a breach of the peace or disorderly conduct.
(n) Removal of beach sand. No beach sand may be removed from the beach.
(0) Litter. It shall be unlawful for any person to discard or otherwise dispose of or
abandon any trash, garbage, bottles, containers, cans, dead fish or parts thereof,
charcoal briquets or ashes, or any other litter, except in designated containers for that
purpose. It is further unlawful to dispose of any household garbage on the beach.
(Ord. No. 89-11, 9 5; Ord. No. 96-28, 9 2, 6-11-96)
Sec. 146-38. Vessel regulation.
(a) Operation in excess of idle speed. The operation of any vessel, or sailcraft, in
excess of idle speed in or on all waters of the Gulf of Mexico within 500 feet offshore
from all sandy beaches and shorefront bathing areas is hereby prohibited. Said
prohibition shall be effective and enforceable regardless of whether or not such area is
designated by appropriate sign, buoy or other public notice.
(b) Jet ski regulation. No person shall operate a jet ski:
(1) Closer than 750 feet perpendicular from the water's edge except to go to and from
the shore or except in a vessel corridor designated under subsection (c) hereof nor
16/ 1 A
proceed to or from that portion of the Gulf beyond 500 feet at a speed greater than
merely necessary to effectively traverse the breaking water, and from all distances from
500 feet to 750 feet from the shore, at any safe speed under the then existing conditions,
but not to exceed 20 miles per hour; or
(2) In an unsafe, reckless or careless manner endangering the life, limb, or property of
any person.
(c) Vessel corridors. The following areas of the Gulf adjacent to the beach closer than
750 feet from the shore may be designated as being exclusively for vessel use between
dawn and dusk daily:
(1) Those areas of Tigertail, Vanderbilt Beach and Clam Pass County Parks; and
(2) Such other parks and areas designated and posted by the county parks and
recreation department as vessel corridors or use areas.
(d) Beach launch of vessels. No person except a law enforcement officer, licensed
beach vendor, authorized emergency personnel, or other person actually engaged in a
rescue attempt shall traverse the beach with a motorized boat or jet ski or launch such
vessel from the beach from an unauthorized launching area. A licensed beach vendor's
location is an authorized launch site for that vendor's equipment.
(e) Water skiing. No person including the skier (anyone being towed on a line behind a
vessel) and the vessel operator shall water ski closer than 500 feet from the edge of the
beach directly on the Gulf.
(f) Sailcraft including sailboats, windsurf boards and sailboards. No person shall
operate a sailcraft closer than 500 feet perpendicular from the water's edge where
bathers are present except to go to and from the shore by the most direct means
possible in a safe and reasonable manner.
(g) Regulated areas. No person shall operate a motorized vessel or sailcraft within an
area which has been clearly marked by buoys or some other distinguishing device for
bathing, swimming or which has been otherwise restricted by the county. provided that
this subsection shall not apply in the case of an emergency or to a patrol or rescue craft.
(h) Reasonable speed. Nothing contained in this section shall be construed to
authorize or approve the speed of any vessel or sailcraft in excess of that which is
reasonable and proper under the existing conditions or circumstances including, but not
limited to, the presence of water skiers, bathers, fishermen, natural hazards or other
water traffic.
(i) Exemptions. The following shall be exempted from the provisions of this section:
(1) The provisions of this section shall not be construed to prohibit the operation, racing
or exhibition of vessels or sailcraft during a publicly announced, properly authorized,
supervised and adequately patrolled regatta, speed trial or exhibition.
(2) The operators of law enforcement or rescue vessels or vessels operating under
emergency conditions shall be exempted while conducting official duties or operating
under emergency conditions.
(3) Commercial fishing vessels are exempted while conducting fish netting operations,
provided the operations are conducted in a safe and prudent manner and in accordance
with subsection (h) of this section, vessel speed not to exceed reasonable speed under
existing conditions. Under no circumstances, however, shall commercial fishing vessels
be operated at greater than idle speed within 500 feet of bathers.
(Ord. No. 89-11, S6; Ord. No. 97-12, S 1, 2-11-97)
Sec. 146-39. Concession operations, equipment rentals and vendors on the
beach and adjoining waters.
161 1A
The safety and welfare of the persons that reside nearby the county's beach
areas and of the public that recreate on the beach and adjoining waters makes
necessary and appropriate the following regulations:
(1) Beach vendor permit requirement. Any person or entity to be engaged in the rental,
leasing, bailment for consideration, or otherwise providing transportation for
remuneration, any motorized or wind-driven vessel for use by the public on the beach or
adjoining waters of the county, including any personal watercraft and/or sailcraft, shall be
required to obtain a beach vendor permit/license from the county. A beach vendor
permit/license shall issue and be maintained upon the applicant paying such application
fee therefor as established fromtime-to-time by the county by Resolution. The applicant
must meet the following requirements:
a. The applicant must have an operations office or headquarters located at a land-
based location in an area immediately adjacent to where the permitted/licensed activities
are to be provided for public use. The office/headquarters must be located only on land
that is immediately seaward of the upland owner's main building adjacent to that
adjoining beach. The land based operations/activities must be conducted wholly within
the geographic confines of the two seaward projections of the north/south property
Iinesof the upland parcel, and the office/headquarters must have direct physical access
to the beach and salt water. In the event the permittee/licensee has its authorization to
occupy the upland headquarters area terminated or otherwise cancelled by the upland
landowner or from whatever other person or entity authorized that permittee/licensee to
occupy that upland area, loss of right of that upland occupancy shall thereby
automatically void the then existing Collier County beach vendor's permit/license for that
area.
b. The applicant must have and maintain a telephone and marine radio at its land-
based operations office.
c. The applicant must have a motorized chase boat with operational marine radio in
good running condition that meets all U.S. Coast Guard safety requirements. That boat
must be kept at the vessel rental site during all hours of applicant's rental operations.
d. The applicant must have and maintain comprehensive general liability insurance with
coverage not less than the amount of $500,000.00 combined single limits.
e. The applicant shall provide a list describing and indicating the state vessel
registration number of each motorized vessel applicant places in service. Each
motorized vessel placed in service for public use under a Collier County beach vendor's
permit/license shall have a state vessel registration number affixed thereon at all times.
f. The applicant shall provide at least one operational life vest for each occupant space
on each of the vessels to be offered for public use under this section.
g. The applicant must provide a site plan for the beach operation that includes the
operation's boundaries on the beach and the ingress and egress points to that operation.
No operation boundary shall extend into any pedestrian pathway.
h. The applicant is required to obtain a county occupational license for its operations
office required under this section. To obtain an occupational license, the applicant must
provide proof of having a current, valid beach vendor's permit. Revocation of the
occupational license shall automatically void the respective beach vendor permit/license.
i. If a permit/license holder violates any condition of the beach vendor permit/license
during any permit/license year and is notified by the county in writing of the violation, the
director of parks and recreation is authorized to impose conditions on the subsequent
annual beach vendor's permit/license (a probationary permit/license), including issuing a
month-to-month permit/license that shall be summarily voidable for any similar or
dissimilar violation of any of the permit/license condition(s).
(2) Beach vendor permittee, vessel user regulations/general regulations.
161 1A
a. Operator age restrictions applicable to operation of all vessels with ten horsepower
or greater. As required by Subsection 327.395, Florida Statutes, until October 1, 2001,
the rental to or operation of a motorized vessel powered by a motor of ten horsepower or
greater is prohibited by a motor of ten horsepower or greater is prohibited to anyone
born after September 30, 1980, and on or after October 1,2001, a person 21 years of
age or younger, unless that person has in his/her possession aboard the
vesselphotographic identification and a boater safety identification card issued pursuant
to Subsection 327.395, Florida Statutes, or such person is at least 16 years of age and
the person's parent, or a supervisor 18 years of age or older is either exempt from the
requirements of Subsection 327.395, Florida Statutes, or has a valid boater safety
identification card issued pursuant to that subsection, accompanies that person during
operation of the vessel and assumes all responsibility for each operation violation that
may occur during that operation of that vessel. It shall be a violation of this section for
any person to rent, lease or otherwise provide for money or other consideration a
motorized vehicle to anyone except as provided herein.
b. The renter, user, passenger of or on any vessel described in this section shall have
on board an operational life vest while using or having such vessel in the water; and it is
a violation of this section for any such person using such vessel not to have a life vest on
board.
c. Pre-ride safety instructions. Each livery must also provide pre-ride boater safety
instruction and safety information to each person who rents a vessel powered by a motor
rated at ten horsepower or greater.
d. Display of rental jet ski speed limit information. Each rental jet ski must
conspicuously display the special speed limit instructions that apply within all the
respective distances from the shore. The speed instructions must be easily visible to the
operator of the rental jet ski when the operator is in the operating position on the jet ski.
e. Mufflers on rental jet skis. Each rental jet ski must always operate with stock mufflers
or with mufflers that are quieter than stock mufflers.
f. Each renter of a jet ski must read and initial that he/she understands the speed and
operation restrictions placed upon operation of jet skis by this section and/or by Chapter
327, Florida Statutes.
g. Rental jet ski identification markings. Each rental jet ski must display identifying
letters and/or numbers that identify the specific jet ski. Each identification number and/or
letter, trademark, logo, and/or company name must be at least four inches in height and
must contract with its background color so as to be easily visible at a distance of 250
feet by a person with 20/20 vision.
h. Use of vessel corridors by rental jet skis. Each rental jet ski must use a vessel
corridor whenever a corridor is available. Maximum allowable speed in the corridor
within 500 feet of the shore is the slowest speed at which the operator can effectively
control the jet ski and be able to transverse the breaking water. and at all distances from
500 feet to 750 feet from the shore, operate at any safe speed, but not to exceed 20
miles per hour.
i. Safe operation of jet skis. All jet skis must be operated in a reasonable and prudent
manner at all times. Maneuvers which unreasonably or unnecessarily endanger life,
limb. or property, including weaving through congested vessel traffic, jumping the wake
of another vessel unreasonably or unnecessarily close to such vessel or when visibility
around such vessel is obstructed, or the vessel is operated in a manner that required
intentional swerving at the last moment to avoid collision, constitute reckless operation.
Jet skis are not limited to vessels that have one or two occupants.
(Ord. No. 89-11, 97; Ord. No. 89-86, 9 1; Ord. No. 97-12, 92,2-11-97; Ord. No. 98-88,
9 1)
16/ lA
Secs. 146-40--146-50. Reserved.
DIVISION 2. COLLIER COUNTY WATER SAFETY AND VESSEL CONTROL
REGULATIONS
Sec. 146-51. Intent and purpose.
It is the intent and purpose of this division to protect and promote the health,
safety and welfare of the public, including residents and visitors to Collier County and in
particular by providing reasonable speed regulation to the operation of vessels as
defined. It is further intended that this division shall be liberally construed to effect such
intent and purpose.
(Ord. No. 96-16, 91,4-9-96; Ord. No. 96-75, 91,11-26-96; Ord. No. 97-10, 91, 2-11-
97)
Sec. 146-52. Title and citation.
This division shall be known and be cited as the "Collier CountyWater Safety and
Vessel Control Ordinance."
(Ord. No. 96-16, 92,4-9-96; Ord. No. 96-75, 91, 11-26-96; Ord. No. 97-10, 92, 2-11-
97)
Sec. 146-53. Applicability.
This division shall apply to and be enforced on all the waters of the following
described restricted "idle speed - no wake" areas:
(1) The Clam Bay System including Upper Clam Bay, Inner Clam Bay, Outer Clam Bay,
and Clam Pass. The restricted areas are as specified on the map attached hereto as
"Exhibit A."
(2) Hurricane Pass, as specified on the map attached hereto as "Exhibit B." Hurricane
Pass is described as follows: Those waters northeast of the Gulf of Mexico between the
shores of Cannon Island and Keewaydin Island (also known as Key Island), south of the
southern end of Little Marco Island within the following boundaries: The northern
boundary is a line at the southernmost point of Little Marco Island at approximately
25059.9'N, 81045.17'W, east to Cannon Island (25059.9'N, 81045.08'W), and west to
Keewaydin Island (25059.9'N,81045.25'W); the eastern boundary is the western shore of
Cannon Island from its intersection with the northern boundary of Hurricane Pass south
to its intersection with the southern boundary of Hurricane Pass; the southern boundary
is a line extending from the southernmost point of Keewaydin Island (23059.78'N,
81 045. 17'W) approximately east-southeast to the nearest shore of Cannon Island
(25059.7'N, 81045.05'W); and the western boundary is the eastern shoreline of
Keewaydin Island fromits southernmost point (25059.78'N, 81045.17'W) northward to its
intersection with the northern border of Hurricane Pass.
(3) At all boat basins, in all residential canal, and at all saltwater areas within 500 feet
of the then sea walled shoreline in the following areas:
a. Little Hickory Bay: The north side of Little Hickory Bay in the vicinity of Bonita Shores
and Lely Barefoot Beach. These areas are shown on the map attached hereto as Exhibit
"C."
b. The Cocohatchee River: Those parts of the Cocohatchee River near Wiggins Pass,
Conklin Point. Wiggins Bay, Gulf Harbor, and Palm Shores; also Water Turkey Bay and
south from there to and including Vanderbilt Lagoon. These areas are shown on the
maps attached hereto as Exhibits "C" and "D."
161 lA
c. The Naples Bay Area: The Gordon River east of U.S. 41 near River Reach and
Coconut River Estates; also Rock Creek east of U.S. 41 near Brookside; also Haldeman
Creek. These areas are shown on the map attached hereto as Exhibit "E."
d. Isles of Capri Area: All areas within 500 feet of all sea walled shoreline, as shown on
the map attached here as Exhibit "F."
e. Marco Island: Within and around all of Marco Island, including all of Collier Bay, all of
Roberts Bay. the west shore of Sanctuary Sound, all of Smokehouse Bay, all of
Smokehouse Creek, the north side of Caxambas, all of Clam Bay, parts of Factory Bay,
the west shoreline of Barfield Bay, and part of the north side of Horrs Island; also all
interior canals of Marco Island. These areas are shown on the maps attached hereto as
Exhibits "F" and "G."
f. Goodland Area: Within 500 feet of all shoreline of Goodland; also the boat basin in
the Big Marco River adjacent to the north side of the State Road 92 Bridge. These areas
are shown on the map attached hereto as Exhibit "G."
(4) Henderson Creek: All of Henderson Creek east of the Highway 951 Bridge and west
of that bridge to the first piling. This are is shown on the map attached hereto as Exhibit
"H."
(5) Port of the Islands: The sea walled marina basin and south thereof approximately
1 ,000 feet, as shown on the map attached hereto as Exhibit "I."
(6) The Everglades City Area: The Barron River from the inlet north to the east side of
the State Road 29 bridge; also the "Lakes" area within 500 feet of all sea walls. All parts
of Halfway Creek that are within 500 feet of Plantation Island. These areas are shown on
the map attached hereto as Exhibit "J."
(7) Chokoloskee Island: All areas within 500 feet of the walled areas of Chokoloskee
Island. These areas are shown on the map attached hereto as Exhibit "J."
(8) Hell's Gate: Those waters between Little Hickory Bay to the north and Wiggins Bay
to the south lying between channel markers 14 and 18. These areas are shown on the
map attached hereto as Exhibit "K".
(9) Reserved.
(Ord. No. 96-16, S 3, 4-9-96; Ord. No. 96-75, S 1, 11-26-96; Ord. No. 97-10, S 3. 2-11-
97; Ord. No. 99-54, S 1, 8-3-99)
Editor's note: Exhibits "A" through "K" are not set out herein, but in on file and
available for inspection in the offices of the county.
Sec. 146-54. Vessel speed regulation.
Except during an emergency or operation by an official of the government while
engaged in official business, the operation of any vessel in excess of idle speed, as
defined herein, in or on any waters specified above is hereby prohibited and is a
violation of this division. Said prohibition is effective and enforceable provided the "no
wake" area is designated by regulatory marker, signage, buoy, or any other notice of the
"idle speed-no wake" status. The locations of such notices shall be placed at the
discretion of the county staffs. All such notices posted by the county are official notices
of the county. Provided the restricted area is posted as an "idle speed" and/or "no wake"
area, it is no defense to a violation of this division to allege that the person issued a
notice of violation of this division did not observe posted notice of the "idle speed" and/or
"no wake" status of the waters.
(Ord. No. 96-16, S 4, 4-9-96; Ord. No. 96-75. S 1, 11-26-96; Ord. No. 97-10, S 4, 2-11-
97)
Sec. 146-55. Definitions.
16/
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For the purposes of this division, the following words are defined as follows:
Idle speed means the minimum speed through or over the surface of the water
that will allow the vessel operator to maintain steerage of the vessel.
Operate means to be in control of the speed of a vessel traveling over or in
water.
Vessel means a motor propelled and/or artificially propelled boat, sailboat,
barge, airboat or other watercraft used or capable of being used as a means of
transportation of one or more persons over or in the water, whether propelled by wind,
propeller, or forcing flow of water by propeller or impeller, or otherwise. Vessel does not
include a canoe, kayak, or similar small minimum wake type vessels provided the vessel
is then being propelled only by paddle and not by motor, pump, or sail. "Vessel" does not
include seaplane.
(Ord. No. 96-16, 3 5, 4-9-96; Ord. No. 96-75, 3 1, 11-26-96; Ord. No. 97-10, 3 5, 2-11-
97)
Sec. 146-56. Penalties.
Each violation of this division is a civil infraction. If a citation of violation is not
contested and is paid in full and on time, the fine shall be $50.00 for the first violation
within any six-month period, and $100.00 for a second violation by the same person
within anyone-year period. If the fine is not paid in full and on time, the court may
impose a fine of up to $500.00 plus court costs and any other costs and/or fees
authorized to be imposed by the court by Florida Statutes. As an alternative means of
enforcement, violations of this division may be referred to the Collier County Code
Enforcement Board.
(Ord. No. 96-16, 36,4-9-96; Ord. No. 96-75, 3 1, 11-26-96; Ord. No. 97-10, 36,2-11-
97)
Sec. 146-57. Enforcement.
The provisions of this division shall be enforced by any member of any duly
authorized law enforcement agency or officers having enforcement jurisdiction in Collier
County, Florida. Civil citations may be used to notify the defendant of allegations of
violations of this division.
(Ord. No. 96-16, 37,4-9-96; Ord. No. 96-75, 31, 11-26-96; Ord. No. 97-10, 37,2-11-
97)
Sees. 146-58-146-60. Reserved.
DIVISION 3. SPEED
Sec. 146-60.1. Short title.
This division shall be known and may be cited as the Collier County Vessel
Control Ordinance.
(Ord. No. 79-8, 3 1, 2-13-79)
Sec. 146-60.2. Definitions.
For the purpose of this division the following terms, phrases, words and
derivations shall have the meaning given herein, words and derivations shall have the
meaning given herein. When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular number, and the
words in the singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
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Idle speed means the lowest speed at which a boat or watercraft can operate
and maintain steering control.
Operate means to navigate or otherwise use a boat or a vessel.
Person means any individual, partnership, firm, corporation, association or other
entity.
Slow speed means not speed greater than that which is reasonable and prudent
to avoid either intentionally or negligently annoying, molesting, harassing, disturbing,
colliding with, injuring or harming manatees and which comports with the duty of all
persons to use due care under the circumstances.
A motorboat in a manatee sanctuary area designated as a slow speed zone, (1)
that is operating on a place is not proceeding at slow speed; (2) that produces no wake
or minimum wake is proceeding at slow speed; (3) that is in the process of coming off
plane and settling into the water, which action creates more than no or minimum wake is
not proceeding at slow speed; (4) that is completely off plane and which has settled into
the water and is proceeding without wake or with minimum wake is proceeding at
slowspeed.
Slow speed zone means a designated area within which it has been established
that manatees are known to congregate. In a slow speed zone, motorboat operators
shall not proceed at a speed greater than is reasonable and prudent to avoid either
intentionally or negligently annoying, molesting, harassing, disturbing, colliding with,
injuring or harming manatees and shall operate such motorboat in accordance with legal
requirements and the duty of all persons to use due care under the circumstances.
Vessel is synonymous with boat and means a motor or artificially propelled
vehicle and every other description of watercraft, barges, and airboats, other than a
seaplane on the water, used or capable of being used as a means of transportation on
water.
(Ord. No. 79-8, S 2,2-13-79; Ord. No. 94-57, S 1,10-25-94)
Sec. 146-60.3. Area of enforcement.
The area of enforcement of the provisions of this division shall be all waters,
creeks, bayous, canals and channels whether natural or manmade, located within Collier
County.
(Ord. No. 79-8, S 3,2-13-79; Ord. No. 2007-38, S 1)
Sec. 146-60.4. Careful and prudent operation required.
Every person operating or navigating any vessel in, on or under any waters
within the unincorporated areas of Collier County shall do so in a careful and prudent
manner, taking into consideration the weather conditions and range of visibility, water
turbulence, proximities to bathers, water skiers and other boats and watercraft and all
other attendant circumstances so as not to endanger the life, limb or property of any
person. Failure to operate a boat in such a careful and prudent manner shall
constitutecareless boating and a violation of this division.
(Ord. No. 79-8, S 4,2-13-79)
Sec. 146-60.5. Speed limit in certain areas.
(a) No person shall operate a vessel of any kind which is propelled by a motor or
engine in any area designated as an official "no wake-idle speed only" area and so
posted at greater than idle speed.
16/ 1 A
(b) No person shall operate a vessel of any kind which is propelled by a motor or
engine in any area designated as an official "slow speed-minimum wake" zone or area
so posted at greater than slow speed.
(c) No person shall operate a vessel in any area designated and posted as an official
idle speed zone at a speed greater than idle speed. The following are designated as idle
speed zones:
(1) The Gulf of Mexico along the Naples public beach, from the shoreline out of 500
feet west of the public beach, from the north boundary of the city of Naples to Gordon
Pass, excluding the outer approach to Doctors Pass, such approach being the area
within the marked channel from the lighted, outermost marker east to the outer ends of
the stone jetties.
(2) Doctors Pass and the Moorings Bay System, from Seagate Drive South to Banvan
Boulevard.
(3) The Gordon River and Naples Bay, from the north boundary of the City of Naples to
a line running east to west through marker 32, connecting adjacent shorelines, except
that for the purpose of testing propulsion systems, marine mechanics are permitted to
exceed the idle speed restriction in the Gordon River in an area approximately 0.3 mile
in length, extending from the City Wastewater Treatment Plant south to the Horticultural
Landfill, weekdays, between the hours of 8:00 a.m. and 5:00 p.m.
(4) Naples Bay, from a line running north to south through marker 10, connecting
adjacent shorelines, to a line running north to south through marker 6, connecting
adjacent shorelines.
(5) All canals and waterways tributary to Naples Bay and the Gordon River, including
without limitation those in River Park, Avion Park, Golden Shores, Oyster Bay Royal
Harbor, Aqualane Shores and Port Royal.
(d) No person shall operate a vessel in any area designated and posted as an official
slow speed zone at a speed greater than slow speed. The following are designated as
slow speed zones:
(1) Naples Bay, from a line running east to west through marker 32, connecting
adjacent shorelines, to a line running east to west through marker 27, connecting
adjacent shorelines, from 10:00 a.m. through 5:00 p.m. weekends and holidays (See
68D--23.103 FAC. "holidays")
(2) Naples Bay, from a line running east to west through marker 21, connecting
adjacent shorelines, to a line running north to south through marker 10, connecting
adjacent shorelines, from 10:00 a.m. through 5:00 p.m. weekends and holidays;
(3) Naples Bay and Dollar Bay, from a line running east to west through marker 21,
connecting adjacent shorelines, to a line running east to west through marker 73 in
Dollar Bay, connecting adjacent shorelines, from 10:00 a.m. through 5:00 p.m.
weekends and holidays;
(e) No person shall operate a vessel in any area designated and posted as an official
30 mile per hour (MPH) zone at a speed greater than 30 MPH. The following are
designated as 30 MPH zones:
(1) Naples Bay, from a line running east to west through marker 32, connecting
adjacent shorelines, to a line running east to west through marker 10, connecting
adjacent shorelines, weekdays;
(2) Naples Bay, from a line running east to west through marker 27, connecting
adjacent shorelines, to a line running north to south through marker 21. connecting
adjacent shorelines, from 10:00 a.m. through 5:00 p.m. weekends and holidays;
(3) Naples Bay and Dollar Bay, from a line running east to west through marker 22,
connecting adjacent shorelines, to a line running east to west through marker 71 in
Dollar Bay, connecting adjacent shorelines. weekdays;
161 1A
(4) Gordon Pass and the portions of Naples Bay and Dollar Bay, all as described in
subsection (e), at all times other than those set forth in subsection (c); or not otherwise
designated as an idle speed zone or slow speed zone.
(Ord. No. 79-8, 35,2-13-79; Ord. No. 94-57, 3 2, 10-25-94; Ord. No. 2007-38, 3 2)
Sec. 146-60.6. Speed not to be greater than what is reasonable under the
conditions,
Nothing contained in this division shall be construed to authorize or approve any
speed greater than is reasonable and proper in consideration of local conditions, other
water traffic, persons swimming or fishing in the area. or other hazards.
(Ord. No. 79-8, 36,2-13-79)
Sec. 146-60.7. Designation of "no-wake idle speed only" or "slow speed-
minimum wake,"
The Board of County Commissioners of Collier County, by resolution adopted at
a public hearing at least 15 days notice of such hearing published in a newspaper of
general circulation in Collier County, Florida, designate areas as "no wake-idle speed
only" or "slow speed-minimum wake" areas under the provisions of section 146-60.5 of
this division. In designating such areas, the commission shall hear all testimony
presented and make a finding that the designation is necessary for the safety and/or
welfare ofthe citizens of the county. Upon adoption of such a resolution, the board of
county commissioners shall publish the resolution one time in a newspaper of general
circulation in Collier County, Florida after which the designation of the area shall be
complete and binding. Provided, however, no person shall be convicted of a violation of
this division relating to such area until signs designating the boundaries of the area by
stating either "no wake-idle speed only" or "manatee area, slow speed-minimum
wake"have been posted after approval by all appropriate regulatory agencies.
(Ord. No. 79-8, 37,2-13-79; Ord. No. 94-57, 33,10-25-94)
Sec. 146-60.8. Exemptions.
(a) The provisions of this division shall not be construed to prohibit the running or
racing or exhibition boats, during a publicly announced, properly authorized and
supervised and adequately patrolled regatta or speed trial or exhibition.
(b) Patrol and rescue craft and craft operating under emergency conditions shall be
exempted from the provisions of this division while performing their duties.
(Ord. No. 79-8, 38,2-13-79)
Collier county: waterways lVlanagemem
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private Aids_nLNID'Jgatio.n
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PAT_ONS-=_Prlv8:te Aids Ig__~i3lvJgi3l~iQO
There are over 400 navigation aids In the waters of Collier County.
The Coastal Zone Management Department is responsible for
maintaining and replacing private aids to navigation in smaller
channels that are not maintained by the U.s. Coast Guard.
~
"anatee_p_rg_t~~tJ.Qo.
We work cooperatively with the Florida Fish and Wildlife
Conservation Commission to maintain the Manatee Protection
Speed Zone Signs jointly adopted by the Board of County
Commissioners and Collier County's Department of Environmental
Protection in 1995. We provide interpretations of the County's
Manatee Protection Plan for permit reviews and assist with local
manatee research.
~_<1s'Y LLLiJ2
P~L~lh::-.tY~!$,$@l$
We coordinate the removal of derelict vessels throughout the
County. We work with local agencies and law enforcement to
remove these abandoned vessels before they can become a
navigation or environmental hazard.
http://www.colliergov.netllndex.aspx?page=484
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CollIer County: Waterways Management
WaterwavJ:i_ObstructJOiI1$
Damaged docks, pilings, and other debris can pose a serious
navigation hazard to boaters. We coordinate the removal and
temporary marking of these hazards.
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Through the production of the Boating & Angling Guide to Collier
County, presentations and installation of educational signage we
attempt to promote a safe and environmentally sound use of the
waterways of Collier County.
COLLIER
COUNTY
http://www.colliergov.netlIndex.aspx?page=484
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161
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3113/2008
TOM BRISCOE 1 6 I
2841 SHOREVIEW DRIVEN, NAPLES FLORIDA 34112
HOME 239-774-70108, OFFICE 239-774-202!S. FAX 239-774-9483
EMAIL bsisIutt..tljuno.COIII
lA
02125/08
LT. DAVID JOHNSON
MARINE@COLLIERSHERIFF.NET
DEAR LT. JOHNSON:
YOU WERE INVITED & ATTENDED THE HALDEMAN CREEK MAINTENANCE DREDGING M.S.T.U.
ADVISORY COMMITTEE ON OCTOBER 25, 2007, THE FOLLOWING CONCERNS WERE DISCUSSED AT
THE MSTU MEETING:
WHO HAS THE JURISDICTION TO ENFORCE
1 ABANDONED BOATS IN HALDEMAN CREEK
2 ABANDONED BOATS BEHIND RESIDENCES
3 FALLING DOCKS BEHIND RESIDENCES
4 TREES THAT ENCROACH INTO THE NAVIGABLE WATERWAY
5 YARD WASTE FROM RESIDENCES INTO THE WATERWAY
YOU CONTACTED ME IN NOVEMBER WITH REGARDS THAT IT WOULD TAKE SEVERAL WEEKS TO
CONTACT THE PEOPLE IN VIOLATION AND TO BE PATIENT
I HAVE NOTICE{) THAT ONE DOCK ON HALDEMAN CREEK WAS PARll.Y REMOVED, THERE IS TWO
POSTS STICKING OUT OF THE WATER AT LOW TIDE AND UNDER WATER AT HIGH TIDE: THIS IS A
SAFETY HAZARD.
THE DOCK AT THE END OF SHOREVIEW DRIVE THAT IS FALLING INTO THE WATER, THE OWNERS
REMOVED THE SWING SET BUT THE DOCK IS STILL FALLING IN TO THE WATER AND AN
ABANDONED BOAT WITH NO CURRENT REGISTRATION IS STILL THERE.
THE BOAT IN HALDEMAN CREEK, ABOUT 13' LONG IS STILL TURNED OVER AND SUNK
ONE PROPERTY OWNER HAS STARTED TO CUT DOWN THE TREE THAT IS HANGING OVER 50% OF
THE WATERWAY; THE OTHER PROPERTY OWN:RS HAVE NOT STARTED ANY Q.EARING.
PLEASE GIVE ME A REPORT OF YOUR PROGRESS. HAVE YOU FOUND THE PROPER AGENCY TO
ENFORCE VIOLATIONS IN THE CANALS AND CREEK?
THANK YOU,
TOM BRISCOE
CC: DarrvlRichord@c:ollieraov.net, Mic:helleArnold@c:ollieraov.net, DianaFIaaa@c:ollieraov.net
Juno Email on the Web
Page 1 of2
_JUNO
',61
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)~..:., r.-.o, ~~":J l,fl';'-"~-,
t . _' , , . ~ ,- ,
Print Messalle I ~
From . <OB~.net>
To : ~.com>. <morliteOcolllerwhertfl.net>
Cc . <dany_rdOcoIlellJOll.net>. <d3IIO<' oIIotUlllrtfI.net>
Subject : RE: Ju_n to enforce. Haldeman Creek weterlNlya
Date . TIle. Feb 26. 200812:02 PM
Mr. Briscoe.
Your Ost of problems has been presented to Code Enforcement by our District 3 lEast Naples) Community Poficing
Deputies. I am afraid I will have to defer to Collier County Officials for any progress reports being generated by
their Departments. I am forwarding this e-mail to Lt. Rich Gibbons of our East Naples Sub-Station so his COPS
Deputies can help provide what progress Is being made in these regards. Thank you. Dave Johnson
Lt.. Dav" Johnson
Colli"r County Sh"rifi's Offic"
Op"rations D"partm"nt
Spocial Op"rations Group
:~a01 E. Tamiami Trail
Napl"s. Florida 34112
Offic,,: (239) 793-9126
Fax: (239) 793-9189
C"ll: (239) 253--1-136
N"xteID/C: 158"9S"1069
E-mail: Dav...Johnson@!colli..rsh..riff.net
--4Jriginal Message--
from: bslshUtlelS@juno.com [maillD:bslshutters@juno.com]
Seat: Monday, February 25, 2006 2:46 PM
To: marine@mllielsheliff.net
Cc: danylridlard@allllergoY.net
Subject: Jurisdltion to enI"Orre, HaIdem8n Oeek Willer Ways
Click for free information on accounting careers. $1501hour potential.
http://webmaila.juno.comIwebmaiVnew/8?block=l&msgList=OOOOOBWO:OOI7140AOOOOOgy l&folde... 3/13/2008
161
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TOM BRISCOE
2841 SHOREVIEW DRIVE
NAPLES. FLORIDA 34112
239-774-7480
Fox 239-774-9483
bsishutters@j......com
03/10/08
COMMISSIONER FREt> W. COYLE
DISTRICf 4
FredCoyIe@c;olliergov.net
RE: HALDEMAN lREEK
I REQUEST A MEETING WITH YOU REGARDING HALDEMAN lREEK CANAL ENFORCEMENT
REGARDING THE FOLLOWING
A YARD WASTE
B ABANDONED BOATS
C SUNKEN BOATS
D TREES OVERHANG INTO CANAL OBSTRUCTING NAVIGATION
E. ROTTING DOCKS
I HAVE TRIED THE SYSTEM, CONTACTING CODE ENFORCEMENT, LAW ENFORCEMENT: I HAVE NOT
GOTTEN THE PROPER RESUI.. TS.
I AM SENDING YOU THE EMAILS I RECEIVED REGARDING THE ABOVE MATTER. IT WILL BE
MUI.. TIPLE EMAILS.
PI..EASE CONTACf ME @ 239-450-6013 TO SCHEDUl.E AN APPOINTMENT.
SINCER8.Y.
TOM BRISCOE
Xalifeman Cree~9daintenance (})retfgino
9dS. q: V. fld'Visory Committee
2885 S. Horseshoe Drive
Naples, FL 34104
161
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January 10,2008
SUMMARY OF MINUTES & MOTIONS
III. Approval of Agenda
Add: V. C. Vacancy recommendation by Committee
Vicki Tracy moved to approve the Agenda as amended. Second by
Joe Patton. Motion carried unanimously 3-0.
IV. Approval of October 25,2007 Minutes
Change: Pg. 3 paragraph 2 - under Grants should read $500,000 "South
Florida Water Management District"
Joe Patton moved to approve the October 25, 2007 Minutes as
amended. Second by Vicki Tracy. Motion carried unanimously 3-0.
V. Transportation Services Report
B. Project Manager's Report - Darryl Richard
The recommendation was made for review by Legal Staff for the
inclusion of the 5 parcels. After review a request would be submitted
via Executive Summary to the Board of County Commissioners to
revise the MSTU Boundary to include the 5 parcels.
Joe Patton moved to recommend consulting with Legal Staff to
add the 5 parcels noted to the boundary of MSTU (Haldeman
Creek Maintenance Dredging). Second by Vicki Tracy. Motion
carried unanimously 3-0.
C. Vacancy Recommendation by Committee - Tessie Sillery distributed copies
of the Applicants. (See attached) Charles Moore was not present. Sharon
King was introduced.
Vicki Tracy moved to recommend Sharon King (to the Board of County
Commissioners for approval.) Second by Joe Patton. Motion carried
unanimously 3-0.
1
· J{alifeman Cree{~aintenance CDretfeino
~.s. rr. V. fldvisory Committee
2885 S. Horseshoe Drive
Naples, FL 34104
161
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January 10, 2008
MINUTES
I. Call Meeting to Order by Roy Wilson at 4:18 P.M.
II. Attendance:
Members: Roy Wilson, Vicki Tracy, Tom Briscoe (Excused), Joe Patton
County: Darryl Richard - Project Manager, Tessie Sillery - Operations
Coordinator, Margaret Bishop - Storm Water Dept.
Others: Darlene Lafferty - Mancan, Sharon King - Applicant
III. Approval of Agenda
Add: V. C. Vacancy recommendation by Committee
Vicki Tracy moved to approve the Agenda as amended. Second by
Joe Patton. Motion carried unanimously 3-0.
IV. Approval of October 25, 2007 Minutes
Change: Pg. 3 paragraph 2 - under Grants should read $500,000 "South
Florida Water Management District"
Joe Patton moved to approve the October 25, 2007 Minutes as
amended. Second by Vicki Tracy. Motion carried unanimously 3-0.
V. Transportation Services Report
A. Budget - Caroline Soto distributed and reviewed. (See attached)
~ Budgeted Operating Expense $18,300.00
~ Open PO's $1578.26
~ Available Operating Expense $16,300.00
~ Budgeted Ad Valorem Tax $25,100.00
i. Collected Ad Valorem Tax $10.106.61
ii. Available Ad Valorem Tax $14.993.39
Discussions ensued. A clarification on individual line items was given.
The request was made to dedicate line items for the following:
. secretarial services as it is a fixed expense
. Channel Markers - for future expenditures
B. Project Manager's Report - Darryl Richard distributed and reviewed.
(See attachment) It was noted that on January 29, 2008 Tax Payers
will be voting on a Homestead Exemption increase. This would affect
the Taxable Value & a "potentia" reduction in MSTU revenue for FY09.
I
161 1A
Property Records & aerial maps were distributed & reviewed. (See
attached) It was announced that a meeting was held on November 21,
2007 with the Property Appraisers Office. The following were in
attendance - Darryl Richard, Roy Wilson, Kevin Lilly/Sr. Manager
Property Appraiser, & Larry Lawrence/Surveyor & GIS Technician. It
was noted that 5 parcels on Becca Ave, were excluded from the MSTU
Boundary which had waterway access was questioned.
The recommendation was made for review by Legal Staff for the
inclusion of the 5 parcels. After review a request would be submitted
via Executive Summary to the Board of County Commissioners to
revise the MSTU Boundary to include the 5 parcels.
Joe Patton moved to recommend consulting with Legal Staff to
add the 5 parcels noted to the boundary of MSTU (Haldeman
Creek Maintenance Dredging). Second by Vicki Tracy. Motion
carried unanimously 3-0.
Discussions continued. It was noted Windstar does not appear to have
a usable part of Haldeman Creek.
Roy Wilson noted posts went down 2 months after installation. He
expressed concern about the method of installation & noted that the
job was closed.
Darryl Richard responded it might be a Contractor warranty item &
would be addressed with the assistance of Margaret Bishop.
Discussion concerning the exclusion of Windstar in the MSTU
Boundary ensued. It was noted further review was warranted.
Vicki Tracy will email the results from the Windstar Water Drain off
Study to Darryl Richard. The results will be distributed to the
Committee for review before the February 14, 2008 meeting by Darryl
Richard.
Sandpiper Apartments was discussed. It was stated each unit is
assessed and included in the MSTU.
To Access the Property Appraiser Website:
o www.collierappraiser.com
o Click: GIS
o Click: I agree
C. Vacancy Recommendation by Committee - Tessie Sillery distributed copies
of the Applicants. (See attached) Charles Moore was not present. Sharon
King was introduced.
Sharon King stated she is self employed. She participated in the creation of
the CRA & Bayshore MSTU & served on both Committees. Believes she would
be able to bring insight to the Committee through her experience.
2
16 J 1 A
Discussion ensued and determined that Ms. King would bring knowledge of the
area to the Committee.
Vicki Tracy moved to recommend Sharon King (to the Board of County
Commissioners for approval.) Second by Joe Patton. Motion carried
unanimously 3.0.
VI. Old BusinesslOpen Items
A. Quality of Seawalls to Prevent Silting - None
B. Property Valuation - None
C. Taxing by Valuation vs. Frontage - None
D. Storm water Runoff and Drain Maintenance - None
E. Marine Patrol of Haldeman Creek - Darryl Richard will advise Tom
Briscoe that his communications report with Lt. David Johnson/Collier
County Sheriff Special Operations Group is scheduled to be presented
at the February 14, 2008 meeting.
Roy Wilson noted speed sign inconsistencies. It was determined a
clarification was required.
Darryl Richard will contact the City & County concerning the
ordinances & will report at the February 14, 2008 meeting.
F. Portion of HC inside Naples City boundary not in MSTU - None
G. Bedrock near Sandpiper - None
H. Further review - Final Project Report - None
Discussions continued and agreed that a Project list & Working Groups
would be defined. Suggestions for the Project list should be submitted
at the February 14, 2008
VI. New Business - None
VII. Public Comments - None
VIII. There being no further business to come before the Committee, the
meeting was adjourned by the Chair at 6:24 P.M.
Haldeman Creek Maintenance Dredging
MSTU Advisory Committee
12 lut~
Roy wilJon, Chairman
3
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These minutes approved by the Committee on r) -,1 L( , ()Q
as presented /'I' or amended
Next meeting is scheduled for February 14,2008
Collier County Transportation BldgjEast Conference Room
2885 S. Horseshoe Drive
Naples, FL 34104
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Page I of I
Property Record
Sketches
161
1A
a
Folio No.1148730920506
Current Ownership
Property Addressl12370 BECCA AVE
a
Owner Name
Address..
CI
DANIELS, DANNY=& AMY
2370 BECCA AVE
NAPLES
State FL
Zip 34112 - 5849
Legalll HALDEMAN RIVER BLK G
LOTS 3 THRU 6
Secllon II Township Ran e Acres
11 50 25 0.38
Sub No. II 394300 I HALDEMAN RIVER
~ Use Code 1
SINGLE FAMILY RESIDENTIAL
Map No.
5A11
Slrap No.
394300 G 55A 11
~ MIII.as Area
63
"'!l Millaae
12.9381
2007 Final Certified Tax Roll
(Subject to Change)
Latest Sales History
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 264,000.00
(+) 1m ved Value $ 374.845.00
(=j Markel Value $ 638.845.00
-) SOH Exem I Value $ 312.000.00
= Assessed Value $ 326,845.00
- Homestead and other Exem t Value $ 25,000.00
= Taxable Value $ 301,845.00
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
Book - Page
2359 - 1090
Amount
$ 76,500.00
The Information is Updated Weekly.
CD
http://www.collierappraiser.com/RecordDetail.asp?Map=No&F 01ioID=0000048730920506
1110/2008
Details
Page I of I
16/
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Property Record
Sketches
~
Folio No.1148730920108
Current Ownership
Property Address\l 2386 BECCA AVE
~
Owner Name
Addresses
MCELWAIN TR, JOHN
JOHN MCELWAIN REV TRUST
UTD 1/3/99
PO BOX 2855
NAPLES
Stale FL
Zip 34106 - 2855
CI
Legall HALDEMAN RIVER BLK G LOT 1
OR 1477 PG 1850
Section Township Range Acres
11 50 25 0.07
Sub No. 394300 HALDEMAN RIVER
-1J Us. Code 0 VACANT RESIDENTIAL
II Map No. Slrap No.
5A11 394300 G 15A11
I ~ MIII.a. Area -1l Mlllaae
I 63 12.9381
2007 Final Certified Tax Roll
(Subject to Change)
Latest Sales History
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 60,225.00 I Date
(+) 1m roved Value $ 0.00 09/2006
(=) Markel Value $ 60,225.00
(-) SOH Exem I Value $ 0.00
= Assessed Value $ 60.225.00
(-) Homestead and other Exem t Value $ 0.00
(=) Taxable Value I $ 60,225.00 I
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
4103. - 3151
Amount I
$ 0.00
Book ~ Page
The Information is Updated Weekly.
(l)
http://www.collierappraiser.com/RecordDetail.asp?Map=No&F 0IiolD=0000048730920 I 08 1/10/2008
Details
Page I of I
161
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Property Record
Sketches
.
Folio No.1I48730920205
Current Ownership
Property Addressll 2382 BECCA AVE
€I
Owner Name
Addresses
MCELWAIN TR. JOHN
JOHN MCELWAIN REV TRUST
UTD 1/3/99
PO BOX 2855
NAPLES
State FL
Zip 134106 - 2855
CI
Legall HALDEMAN RIVER BLK G LOT 2
OR 1477 PG 1850
Section I Townshi Rane Acres
11 50 25 0.08
Sub No. II 394300 II HALDEMAN RIVER
~ Use Code II 0 II VACANT RESIDENTIAL
II
II ~ Millaae Area
II 63
Map No.
5A11
III Strap No.
, 394300 G 25A 11
II
II
~ Millaae
12.9381
2007 Final Certified Tax Roll
(Subject to Change)
Latest Sales History
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 62.700.00
(+) Improved Value $ 0.00
(=) MarKet Value $ 62.700.00
~ SOH Exem t Value $ 0.00
= Assessed Value $ 62,700.00
(-) Homestead and other Exem t Value $ 0.00
(=j Taxable Value $ 62.700.00
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
Book. Page
41U,=
Amount I
$ 0.00
The Information is Updated Weekly.
6)
http://www.collierappraiser.com/RecordDetail.asp?Map=No&F 0IiolD=0000048730920205 1/10/2008
Details
Property Record
Sketches
~
Folio No.1148730920603
Current Ownership
Property Addressll 2364 BECCA AVE
Owner Name FARMILO TR, NORMA A
Addresses NORMA A FARMILO TRUST
UTD 6128188
4036 KENT CT
City NAPLES
State FL
Legall HALDEMAN RIVER BLK G LOT 7 OR
1607 PG 2233
Section
11
II
I
II
II
394300
o
I HALDEMAN RIVER
I VACANT RESIDENTIAL
Township
50
Range
25
Sub No.
~ Use Code
2007 Final Certified Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 67.650.00 I
(+) Improved Value $ 0.00
=) Markel Value $ 67,650.00
-) SOH Exem I Value $ 0.00
= Assessed Value $ 67,650.00
(-) Homestead and other Exem t Value $ 0.00
=) Taxable Value I $ 67,650.00 I
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
Acres
0.09
II
II
I ~ Millaae Area
I 63
Map No.
5A11
Page I ofl
16/ 1A
~
Zip 34116 -7310
Slrap No.
394300 G 75A11
~ Mlllaae
12.9381
Latest Sales History
Date
1012006
09 1 2006
0411991
The Information is Updated Weekly,
Book - Pa e
~Z3~
Amount
$ 200.000.00
$ 0.00
$ 0.00
@
http://www.collierappraiser.com/RecordDetail.asp?Map=No&F 0IiolD=0000048730920603 1/1012008
Details
Property Record
Sketches
Ii
Folio No.1148730920700
Current Ownership
Properly Addres.1I2358 BECCA AVE
Owner Nam
Addresse.
CI
TALLEY, THOMAS J=& KIMBERLY A
2358 BECCA AVE
NAPLES Stale FL
Legalll HALDEMAN RIVER BLK G LOT 8
Section
11
Township
50
Range
25
0.09
Acres
Sub No.
~ Us. Code
I HALDEMAN RIVER
SINGLE FAMILY RESIDENTIAL
394300
1
2007 Final Certified Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 69,300.00 Date
. 1m oved Value $174,738.00 06/1996
= Market Value $ 244,038.00
(- SOH Exempt Value $ 143,966.00
(=) Assessed Value $ 100,072.00
H Homestead and other Exempt Value $ 25,000.00
(=) Taxable Value $ 75,072.00
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
The Information is Updated Weekly.
Map No.
5A11
~ MIII.ae Area
63
Page 1 of I
161
1A
Ii
Zip 34112 - 5849
Strap No.
394300 G 85A 11
~ Millaoe
12.9381
Latest Sales History
Amount
$ 106.000.00
@
http://www.eollierappraiser.com/ReeordDetail.asp?Map=No&F 01ioID=0000048730920700 1/10/2008
Book - Page
2,19,8_",213-1
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January 10,2008
Darryl & Tessie
Prepared by:
Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes
Tessie SiIlery, Operations Coordinator, Collier County Department of Alternative Transportation Modes
Haldeman Creek MSTU Project Status
Note: Meetings will resume with the New fiscal Year! 07-08: Pending Budget Report - State Leg.
Changes
(H-S) ACTIVE (POC- Tessie) - Karen Beatty Resigned - 1 vacancy.
12-14-07 - Applications received for committee to review and make a recommendation.
(H-4) ACTIVE (POC - Darryl) - Discussion regarding the impact of certain proposed state tax
initiatives centered around how they might restrict the MSTU's desire to raise funds to perform
surveys, test, and eventually dredging Roy Wilson volunteered to attend the meeting.
(H-2) ACTIVE - Committee vote for meeting schedule
3-29-07 Joe Patton moved to have monthly meetings until May and then take off June, July, and
August and start again in September. Second by Karen Beatty. Next meeting April 26, 2007.
4-26-07: Committee voted on not meeting until they have a budget in October 2006 for FY 07-
08.
S-16-07: Next Haldeman Creek MSTU Meeting is scheduled for October 2S, 2007 4:00 PM.
10-25-07: Committee voted on no meeting in November, but on December 13,2007.
12-6-07: Committee Chairman - cancelled meeting in December and next meeting will be held
January lOth, 2008.
(H-3) ACTIVE - Haldeman Creek Dredging Project
4-26-07: Committee met and Margarette Bishop updated committee:
The final report will be after June 1,2007 when the project is finished. Margaret Bishop was
requested to provide Committee the locations where the dredging did not meet the five feet below
low mean water.
(H-l) COMPLETE - Committee vote for mil/age rate
3-29-07: Committee approved .1 mills that would generate $9,090 per fiscal year.
1
161
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MEMORANDUM
DATE:
December 14,2007
TO:
Darryl Richard, TransportationF' er
Sue Filson, Executive Manager ;
Board of COWlty Commissione , \
FROM:
RE:
Haldeman Creek Maintenance Dredging Advisory Committee
As you know, we currently have a vacancy on the above-referenced advisory committee. A press
release was issued requesting ,:itizens interested in serving on this committee to submit an
application for consider:ition. 1 have attached the applications received for your review as follows:
Charles R. Moore
334 Pier A
Naples, FL 34112
Sharon King
3307 Captains Cove
Naples, FL 34112
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's
consideration.
Please include in your return memo the attendance records of the applicants recommended for
reappointment.
Please categorize the applicants in areas of expertise. If you have any questions, please call me
at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
.
t.
Board of County Commissioners
3301 East Tamiami Trail
:><aples. FL 34112
(239) 774-8097
Fax: (239) 774-3602
161 lA
c~~~~~!:D
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'.O;,-;;r'1SS!oners
Application for Advisory Committees/Boards
Name: Ch.A ,d ~s ,f. 11 I? /J,2 e
Home Address: .:3 3 'i ?) t:7 R.. A
Home Phone: lj/7- /31 c..S-
Zip Code: JJjII.J - ?/lO
Fax No.
Business Phone:
Rtf!7 ~~D
,
-
e-mail address:
-----
Business:
Board or Cammittee Applied for: h'/Il. Pl'itmtSV c:;.~ K$71(
Category (if applicable):
Example: Commiuioo District, Developer. eOViroDmltDtIIlist. boy penoo., ~
Are you a registered voter io Callier C"uoty: Yes V No
v'
Do you curnmtly bold public office? Yes
]f;3O, what is tbat office!
No
.
Do you oow serve, or3avr: you 'lYerserved. on.:t CJ}lIier-Caunty board ar :OOlRmittee! YotS
;rr)'~;!tiease ~ist the committeeslboard8:
N.
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10 the &JardO/COllntyco".miUVtfUrS., 3301 Elm r..... TrtdJ.,Naph3. FL34112 Ifyo.wislt.pka.wfirxyolll' L .. Ji-.to
(239)774-3602 Of' HtIidl 10 suefilsonfiiJcollieNm~.net. 17tllllkyollfor lIO/.nt<<ring 10 ~,. cidzDtS {)fCoIlkr C{)JUIty.
161
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.
Board of County Commissioners
33(11 Ellst Tamillmi Trail
N al.k., FL 3~ H2
(239) 77~-8(JlJ7
Fas: (2.>"'J) 774-36112
Application for Advisory Committees/Boards
Nome: S h~:, ~ Home lhoae:7 7 '-\.-'+\7 ~
Home Addr....: '7' ct(f\S CotJve ZipC",,",: 3L.J.jJ2
Fa>: 1;/0. Vll t.:\ , Busi_ !'!l01le: 77~:: ~~1" f e-mail "ddress: l-::: ~ fjS75 WI ( @ c.s, (ern'\
l'12ce of:Employmeu: se(rf- 6'rt\.pl <'\('j'.d
lIGan! ,or Cammitteo Applle<i for: \-i,.". (d -<:'t'Y\","" C re. ~ L
C;ttcgory (if applicable):
~JIt: CillJllDill;ioD~~~.n. ~~1ayJd"!llHll,dc",
How long have Joa lived in Cllilier C<JWIty: '!( <an 32<...{ 'r-S Months
Are JOO.:J. regisW'erl VOte!':i1l Callier County: Yf:5 J N.o
Do you carrently lIold paolic offie<>? Va
If ~o. what 11 tbaI oftk.e?
No
v/
Yes
No i.-/
gaye ,ou INe. been ""..v;eud ar "BY oife!ll5e "g:ai_ tbe Law?
lfy... e>ptlliD:
Do you illOW arve,. -or :Pva you ever served. OD" c.oUIa' Cauaty board .ar WllUIIUtee? Yes.../ No
If_pIeaoeIbt1llc~: fY\<;--'-"J!, r~ Al'\B
Please list YOUr rommunity activities ,civic clulM, neighborhood associ3tjoas. etc. and position.
held: P()~-t- "em,,,> 'M,..hlAJu:>, C<'2.AA-r.:>. A 1'YIs:'t'u
,
Edacatioa:
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(2.39)774-J681_ tHItIIilttl nlm/$u,Mi<<II11;.t!N4IV.llff'. n.-k.TOUfw ro/Juftrtdina JQ $....~ ofCMJUr Cs.tm(r.
1fatifeman Creei..9daintenance (})retiiJino
9dS. rr.V. .ftdvisory Committee
2885 S. Horseshoe Drive
Naples, FL 34104
161
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February 14. 2008
SUMMARY OF MINUTES & MOTIONS
I. Approval of Agenda
Add: VIII. B. Project List / Working Groups
C. Windstar
V. C. Advisory Committee Appointment
Vicki Tracy moved to approve the Agenda as amended. Second by
Tom Briscoe. Motion carried unanimously 4-0.
II. Approval of January 10, 2008 Minutes
Vicki Tracy moved to approve the January 10, 2008 Minutes as
submitted. Second by Joe Patton. Motion carried unanimously 4-0.
V. Transportation Services Report
B. Project Manager's Report - Darryl Richard distributed and reviewed.
(H-7) Replacement of Channel Markers #6 and #13 - It was
determined that Channel Marker #6 was outside the MSTU Boundary
and Channel Marker #13 was not required.
Darryl Richard stated he will notify Coastal Management that in
compliance with County Ordinance the MSTU will not maintain
Channel Marker #6 as it is located outside the MSTU Boundary. The
Committee agreed that the MSTU would not be responsible for
Maintenance of Channel Marker #13.
Joe Patton moved that the MSTU declines to be financially
responsible for replacing sign #13. Second by Tom Briscoe.
1
· Ka/ifeman Cree{~aintenance {[)rediJing
~.s. 'Lv. Jfavisory Committee
2885 S. Horseshoe Drive
Naples. FL 34104
16/
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February 14, 2008
MINUTES
I. Call Meeting to Order by Roy Wilson at 4:18 P.M.
II. Attendance:
Members: Roy Wilson, Vicki Tracy, Tom Briscoe, Joe Patton
County: Darryl Richard - Project Manager, Tessie Sillery - Operations
Coordinator, Caroline Soto - Budget Analyst
Others: Darlene Lafferty - Mancan
III. Approval of Agenda
Add: VIII. B. Project List / WorKing Groups
C. Windstar
V. C. Advisory Committee Appointment
Vicki Tracy moved to approve the Agenda as amended. Second by
Tom Briscoe. Motion carried unanimously 4--0.
IV. Approval of January 10, 2008 Minutes
Vicki Tracy moved to approve the January 10,2008 Minutes as
submitted. Second by Joe Patton. Motion carried unanimously 4--0.
V. Transportation Services Report
A. Budget - Caroline Soto distributed and reviewed. (See attached)
~ Open P.O.s $1180.36
~ Available Operating Expense $16,300.00
~ Ad Valorem tax received $10,537.15
It was questioned if the available Ad Valorem Tax $14,562.85 reflected
the inclusion of the 5 parcels. It was determined the budget was based
on the original boundaries and would not be included until approval
was received by the Board of County Commissioners.
It was stated the FY09 Budget needs to be submitted by April 1 , 2008.
Discussions ensued and the following was noted for the FY09 Budget
projection:
~ Project List / Working Groups - compile a list of Services and
Materials in order to project cost
~ Receive County Staff cost estimate
~ Budget assumption is for 10 meetings in FY09
~ Review of Budgeted amount for Mancan Services
161 1 A
~ Channel Marker replacement - the recommendation was made to
create a Line Item for Improvements General
B. Project Manager's Report - Darryl Richard distributed and reviewed.
(See attachment)
. (H-7) Replacement of Channel Markers #6 and #13 - It was stated
that Channel Marker #13 was reviewed by Margaret Bishop and the
Contractor. It was determined that #13 was sheared off and not a
warranty item.
After much discussion it was determined that Channel Marker #6
was outside the MSTU Boundary and Channel Marker #13 was not
required.
Darryl Richard stated he will notify Coastal Management that in
compliance with County Ordinance the MSTU will not maintain
Channel Marker #6 as it is located outside the MSTU Boundary.
He quoted a replacement cost of $1,200 per Channel Marker.
Discussions continued referencing Channel Marker #13 and it was
questioned if the MSTU was under previous jurisdiction for the
replacement of Channel Marker #13.
It was stated that the Channel Markers were a requirement for the
permit under Margaret Bishop's Project.
The Committee agreed that the MSTU would not be responsible for
Maintenance of Channel Marker #13.
Joe Patton moved that the MSTU declines to be financially
responsible for replacing sign #13. Second by Tom Briscoe.
Discussions continued. It was noted that sign #13 should be
removed or repaired by the Contractor as it was improperly
installed.
Motion carried unanimously 4-0.
Roy Wilson moved that any future estimates for piling
replacement include a specification of (submersion) depth.
Discussions ensued and it was noted that an Engineering or
Geotechnical study should be conducted for future installation of
piling.
Without a second the motion was withdrawn.
. Darryl Richard reported on (H-6) 5 Parcels added to the Boundary
of MSTU - stated he was waiting on a legal opinion from Scott
Teach.
He noted that a survey would be required before the Parcels could
be included in the Ordinance. He will collaborate with the County
Surveyors to obtain a legal definition which is required for the
Ordinance Provision.
Discussions ensued. It was noted that the MSTU should not be
responsible for the Survey as the Parcels were "overlooked" during
prior County Projects.
2
161 1A
C. Advisory Committee Appointment - It was announced that the letter
for the appointment of Sharon King has been disseminated.
Discussions ensued concerning inconsistencies in posted signs and
the Speed Zone Ordinance. It was re-stated that the signs are
inconsistent when traveling in reverse direction. It was stated that
review of the Ordinance is required.
Discussions continued and it was agreed that idle speed would be the
optimum speed for safety.
Darryl Richard will contact Lt. David Johnson for research on the
speed zones.
VI. Old Business/Open Items
A. Quality of Seawalls to Prevent Silting - None
B. Property Valuation - None
C. Taxing by Valuation vs. Frontage - None
D. Stonn water Runoff and Drain Maintenance - None
E. Marine Patrol of Haldeman Creek - Tom Briscoe reported the
following:
. The largest Tree has been partially removed
. The swing that was falling in the water was removed - the dock has
not been removed
. The dock on Haldeman Creek was removed - the posts are
remaining and are a danger
. Notices have been served that Fines will be imposed if residents
are not in compliance
Roy Wilson noted that dead Australian pines located at Windstar will
fall into the canal.
Tom Briscoe responded that the removal is Windstar's responsibility.
He noted Code Enforcement denies responsibility for issues in the
canal.
Discussions ensued and it was agreed that Commissioner Coyle
should be queried on a method of enforcement and confirm which
Department is responsible to ensure enforcement is carried out.
Discussions continued on the above issues and found they are not
covered in the Ordinance and County Entities are not claiming
jurisdiction.
It was agreed that additional information was required before inviting
Commissioner Coyle to attend a Committee Meeting.
Tom Briscoe stated he would email Lt. David Johnson to request a
progress report.
Discussions continued on an abandoned boat and it was reported that
the boat is still in the canal.
The boat dock installation at Fisherman's Cove was questioned.
3
161 1 A
Vicki Tracy responded that the project is on hold. She noted that
Fisherman's Cove has not received permission to be incorporated into
the PUD which requires Community input.
It was stated that Fisherman's Cove could not enter into an agreement
with Windstar for expansion of the boat dock until Fishermans Cove is
incorporated into the PUD.
The following was summarized:
. Tom Briscoe will contact Lt. David Johnson for a progress report
. If action is stalled Tom Briscoe will meet with Darryl Richard and
Diane Flagg
Joe Patton reported the East Naples MSTU Dredging utilized the
Haldeman Creek Dredging Consultant. A presentation was given and
it was stated that 55,OOOk cubic ft of rock would be removed at an
estimated cost of $1 ,700,000 with an additional cost of $3,500,000 for
Dredging. It was questioned why the East Naples MSTU was able to
obtain a Permit for rock removal and Haldeman Creek was denied.
Discussions ensued and it was stated that the Estimate for rock
removal on the Haldeman Creek Engineering Report noted "No - too
expensive. "
There was a question concerning the Haldeman Creek Contract to
Dredge that indicated a "shore to shore, seawall to seawall permit." or
if it was issued as "main channel permit."
Darryl Richard will research the verbiage on the issued Permit.
F. Portion of HC inside Naples City boundary not in MSTU - None
G. Bedrock near Sandpiper - None
H. Further review - Final Project Report - None
VI. New Business - Discussed under VI. B.
A. Review of future meeting dates
* February 14, 2008
* March 13, 2008
* April 10, 2008
* May 8, 2008
B. Project List I Working Groups - Roy Wilson assigned the following:
A. Tom Briscoe - Waterway Maintenance (to include)
1. Shore Protection
2. Quality of Seawalls to Prevent Silting
3. Marine Patrol of Haldeman Creek
B. Joe Patton - Monitor / Interface with Naples MSTU on Technical
Aspects of Dredging (to include)
1. Portion of HC inside Naples City boundary not in MSTU
2. Bedrock near Sandpiper
C. Vicki Tracy - Implication of Florida Tax Acts, Taxing Rules, and
Public information
D. Sharon King - Storm Water Runoff and Drain Maintenance
4
161
1A
E. Roy Wilson - Property Tax Valuation and MSTU Boundary
F. Darryl Richard - Research on Speed Zones
. The review of future meeting dates was discussed.
. The Committee was requested to review and submit
projected areas of expenditures for the FY09 Budget at the
March 13, 2008 meeting.
. Discussions continued referencing a time adjustment for
future meetings. It was agreed to postpone the decision
until all Members are present.
C. Windstar - Roy Wilson reported a large crab boat docks at a private
residence. Concern was expressed that a 100- 300 gallon diesel tank
is positioned on a trailer and located on the residential site. It was
recommended that homeowners contact the EPA.
VII. Public Comments - None
VIII. There being no further business to come before the Committee, the
meeting was adjourned by the Chair at 6:05 P.M.
Haldeman Creek Maintenance Dredging
MSTU Advisory Committee
/Z ~ Iv;!----
Roy Wilson, Chairman
These minutes approved by the Committee on
as presented >< or amended "3// "3 /t? ;--.
- I
Next meeting is scheduled for March 13,2008
Collier County Transportation BldgjEast Conference Room
2885 S. Horseshoe Drive
Naples, Fl 34104
5
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161
1A
ITEM NO.:
DATE RECEIVED:
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97)
REQUEST FOR LEGAL SERVICES
(Please type or print)
Date: 1/25/08
County Attorney
To: Office of the County Attorney, Attn: Scott Teach, Asst.
From: Darryl Richard
Manager
Project
(Name)
(Title)
Transportation
(Division)
ATM Dept.
(Department)
Telephone # (Yen' ImDortant): 239-253-9083
Re: Haldeman Creek MSTU - Expansion of Boundary to include parcels adjacent to
waterway
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information - be SRedne. concise, and articulate.)
Upon reivew of Storm water Project Manager Margaret Bishop, Staff, and Haldeman Creek MSTU Committee a
determination was made that the parcels indicated as ParcellD Numbers; Owner Name
t) 48730920506: Talley, Thomas
2) 48730920108: Mcelwain TR, John
3) 48730920205: Mcelwain TR. John
4) 48730920603: Farmilo, Norma
5) 48730920700: Talley, Thomas
Should have been included in the originsllegal description of boundary for Haldeman Creek MSTU. Staff request legal to
review and confirm.
(Are there documents or other information needed to review this matter? If yes, attach and reference this information.)
This item has/has not been previously submitted.
(If previously submitted provide County Attorney's Office File No.)
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.)
Confirmation that the 5 parcels in question should be included in the Haldeman Creek
MSTU Boundary and upon affirmative confirmation - assist MSTU Liason Staff in
16/
preparation of Executive Summary/Documentation to update the Haldeman Creek MSTU
Boundary.
OTHER COMMENTS:
cc: Diane Flagg, Director ATM Dept.
<All requests must be copied to your appropriate Division Head or Constitutional Officer.)
1A
16/
lA
February 14,2008
Darryl & Tessie
Prepared by:
Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes
Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation
Modes
Haldeman Creek MSTU Project Status
Note: Meetings will resume with the New Fiscal Year! 07-08: Pending Budget Report - State
Leg. Changes
(H-7) ACTIVE (POC - Darryl) - Replacement of Channel Markers #6 and #13
2-14-08: Quote received for $2,400.00 (material) and $2,000.00 (mobilization). Mobilization cost
may be waived upon confirmation of coordination with Coastal Management project.
(H-6) ACTIVE (POC - Darryl) - 5 parcels add to the boundary of MSTU
1-20-08 - RLS sent to County Attorney - recommendation pending.
(H-4) COMPLETED (paC - Darryl) - Discussion regarding the impact of certain proposed state
tax initiatives centered around how they might restrict the MSTU's desire to raise funds to
perform surveys, test, and eventually dredging Roy Wilson volunteered to attend the meeting.
S-16-07: Next Haldeman Creek MSTU Meeting is scheduled for October 2S, 2007 4:00 PM.
10-2S-07: Committee voted on no meeting in November, but on December 13,2007.
12-6-07: Committee Chairman - cancelled meeting in December and next meeting will be held
January lOt", 2008.
(H-3) COMPLETED - Haldeman Creek Dredging Project
4-26-07: Committee met and Margarette Bishop updated committee:
The final report will be after June I, 2007 when the project is finished. Margaret Bishop was
requested to provide Committee the locations where the dredging did not meet the five feet below
low mean water.
1-21-08: CD's of final report were distributed to committee members.
(H-S) Complete (POC- Tessie) - Karen Beatty Resigned - I vacancy.
12-14-07- Applications received for committee to review and make a recommendation.
1-21-08: Committee recommended Sharon King. Memo sent to Sue Filson within the 41
deadline.
2-12-08: BCC Appoints Sharon King to Haldeman Creek Advisory Committee
(H-2) Complete- Committee vote for meeting schedule
3-29-07 Joe Patton moved to have monthly meetings until May and then take off June, July, and
August and start again in September. Second by Karen Beatty. Next meeting April 26, 2007.
4-26-07: Committee voted on not meeting until they have a budget in October 2006 for FY 07-
08.
(H-I) COMPLETE - Committee vote for millage rate
3-29-07: Committee approved .1 mills that would generate $9,090 per fiscal year.
1
161
1A
Summerlin's Marine Construction, LLC
200 Naco Road #C
Fort Pierce, FL 34946
Estimate
Date
Estimate #
Phone #
772-464-6090
2/14/2008
397
Fax #
772 -464-7470
Summerlin7cs@aol.com
Name I Address
COLLIER COUNTY-DARRYL RICHARD
-COLLlER COUNTY GOV,
3300 SANTA BARBARA BLVD,
NAPLES. FL 341 1601: 239-253-9083
ph: 239-659-57750 FX:239-530-6219 Project
Description
IN REFERENCE TO HALDEMAN CREEL MSTU. SUMMERLIN'S AGREES TO DO THE FOLLOWING:
FURNISH AND INSTALL 2 PILING AND 4 DA YBOARDS FOR THE SUM OF S2,400.00,
BARGE AND EQUIPMENT MOB/DEMOB FEE FOR THE SUM OF S2.000,OO.
"IF THE ABOVE WORK CAN BE SCHEDULED WITH RE-SIGNING WORK LOCATED AT GOODLAND/CAPE ROMANO FOR
PAMEL.A KEYES. MOB AND DEMOB FEE WILL BE NO CHARGE,
FULL PAYMENT IS DUE UPON COMPLETION,
IF YOU HAVE ANY QUESTIONS. PLEASE FEEL FREE TO CONTACT OUR OFFICE.
TO ACCEPT THIS PROPOSAL AND BE PLACED ON OUR
SCHEDULE, YOU MUST SIGN AND RETURN TO OUR OFFICE,
THIS ESTlMA TE IS ONLY VALID FOR 90 DAYS,
Signature
RECEIVED
APR 1 7 2008
· 1falifeman Cree~!Maintenance CDrediJing
!MS. rr.V. .ftamory Committee
2885 S. Horseshoe Drive
Naples, FL 34104
BaIrd of County Commissioner.
161 1A
.\:1, March 13,2008
. 'II' 'l\' \Y
, k C1_1iL~: MINUTES
.~enning _,~-
,;~r~~ta ~" -Call Meeting to Order by Roy Wilson at 4:05 P.M.
II. Attendance:
Members: Roy Wilson, Vicki Tracy, Tom Briscoe, Joe Patton, Sharon
King (Absent)
County: Darryl Richard - Project Manager, Tessie Sillery - Operations
Coordinator, Caroline Soto - Budget Analyst, Diane Flagg - Director
Alternative Transportation
Others: Darlene Lafferty - Mancan
III. Approval of Agenda
Add: 1/1. Executive Summary - Diane Flagg
Budget FY09 - Diane Flagg
V. A 1. Approval FY09 Budget
VI. B. Coastal Advisory Committee
C. Signage
Joe Patton moved to approve the Agenda as amended. Second by
Vicki Tracy. Motion carried unanimously 4-0.
Diane Flagg reviewed the following:
1. Executive Summary (See attached)
~ Addmonof5Pa~em
1. Noted the Parcels were exclude as they were not part of the
initial Storm Water Dredging Project
n. It was determined that the 5 Parcels would benefit from any
future Dredging and should be added to the Haldeman Creek
MSTU Ordinance
~ Committee Applicants
i. Allow appointment of owners of Residential or Commercial
Property within the MSTU Boundaries
~ Fiscal Impact on Ordinance Revision
i. The MSTU is responsible for Fees i.e. Advertising Cost
ii. The MSTU is not responsible for 5 Parcel Survey cost as
Darryl Richard is working with County Surveyors Misc. Corres
2. FY09 BudQet t
~ Noted the MSTU was created as a Funding mechanism for future Da e ---- -
Dredging within the MSTU Boundaries-,-"
1
~
~ Recommended to save the maximum amount of Monies 1 6 I 1 A
~ Consider a reduction in the scheduled meetings to decrease Staff
and Secretarial cost
~ Possibility of increasing the current 1/10 Millage Rate
Discussions ensued concerning the Millage Rate. It was stated to
increase the Millage Rate a justification was required for Board of
County Commissioners approval.
Discussions ensued for the addition of Rock Removal to the Budget. It
was noted that if a pennit could not be obtained for removal of the
Rock there is no reason to Dredge. It was proposed to divide the
removal of Rock into phases.
The recommendation was made for a Committee Member to contact
the Property Owners of the 5 Parcels. It was emphasized that the
Parcel Owners would benefit from the Navigable waterway.
Vicki Tracy volunteered to speak with the Property Owners prior to
notification by the County.
IV. Approval of February 14, 2008 Minutes
Change: Pg 4 Paragraph 3 should read A Presentation was given and it
was stated that 65,000 "cubic yards of dredge" and 18,000
"cubic feet of rock" would be removed at an estimate cost of
$1,700,000.
Vicki Tracy moved to approve the January 10, 2008 Minutes as
submitted. Second by Joe Patton. Motion carried unanimously 4-0.
V. Transportation Services Report
A. Budget - Caroline Soto distributed and reviewed. (See attached)
~ Remaining P.O.s $883.58
~ Available Operating Expense $16,300.00
A.1 Approval FY09 Budget - Darryl Richard distributed and reviewed
Option A and Option B. (See attached) The following was approved:
~ Option B
i. Meetings held Bi-Monthly (6 per year)
ii. Transfer Fund 111 - $11,250.00
~ Millage Rate increase to .50
It was noted that Consulting Fees would significantly increase the cost
of Rock Removal.
Vicki Tracy announced she visited Mike Bower / Collier County and
the office of Connie Mack / Tallahassee concerning the Removal of
Rock and reported on the following:
. Received Public Infonnation on Windstar PUD and Naples Sailing
and Yacht
. Will provide a report on infonnation received from Forge
Engineering / Geotechnical Engineer
2
16/
1A
* The cost of Rock Removal can be determined by utilizing
information from other Projects
* Kara Moore / Tallahassee will provide a full Report on
Environmental Lobbyist actions for Rock Removal
* Kara Moore will provide a Summary of State approved Contractors
* Requested a detailed List of required steps for Rock Removal
* Federal Grants and State Grants are available
Discussions continued referencing the cost of Rock Removal and
increasing the Millage Rate.
Joe Patton suggested that the increased millage rate "initially" should
generate a smaller amount of Funds due larger boats that are outside
of the Haldeman Creek Taxing District will predominantly benefit from
the Dredging of the Rock. He noted additional information was
required before a decision was made remove Rock.
Vicki Tracy moved to increase the MSTU Millage to 1 based on
Plan B of the presented Budget for 2009. Second by Roy Wilson.
Discussions continued. Concern was expressed that the Millage Rate
increase to 1 was excessive due the MSTU is unsure of Future
Projects.
It was determined that based on increasing the Millage Rate to .50 the
MSTU could raise (approximately) $75,000.
The motion was amended.
Vicki Tracy moved to adopt .50 Millage for the MSTU based on
Plan B of the proposed Budget that the County has prepared.
Second by Tom Briscoe. Motion carried unanimously 4-0.
Joe Patton left 5:35 p.m.
B. Project Manager's Report - Darryl Richard distributed and reviewed.
(See attachment)
. (H-6) Requested approval for the Addition of 5 Parcels to the MSTU
Boundary (See attached)
Roy Wilson moved to request the County Commissioners make
an addition of the 5 Parcels (ParcellD numbers/Owner Name:
48730920506, Talley, Thomas; 48730920108, Mcelwain TR, John;
48730920205, Mcelwain TR, John; 48730920603, Farmilo, Norma;
48730920700, Talley, Thomas) as they 'benefit' in that they have
access to the Haldeman Creek watelWay which is maintained by
the Haldeman Creek MSTU. Second by Vicki Tracy.
Discussion ensued.
The motion was amended.
3
161 1A
Roy Wilson moved to request the County Commissioners make
an addition of the 5 Parcels (parcellD numbers/Owner Name:
48730920506, Talley, Thomas; 48730920108, Mcelwain TR, John;
48730920205, Mcelwain TR, John; 48730920603, Farmilo, Norma;
48730920700, Talley, Thomas) as these 5 Waterfront Parcels will
benefit from the MSTU's Maintenance of the Haldeman Creek
Waterways. Second by Vicki Tracy. Motion carried unanimously
3-0.
Darryl Richard requested approval for the Executive Summary
Ordinance change.
Roy Wilson moved that Haldeman Creek MSTU recommends that
the Board of County Commissioners modify the Haldeman Creek
Maintenance MSTU Services Taxing Unit Ordinance #2006-60 by
modifying section 6B to add the words "or owners of Residential
or Commercial property." Second by Vicki Tracy. Motion carried
unanimously 3-0.
. (H-7) Replacement of Channel Markers #6 and #13
i. Channel Marker #6 was/or will be replaced
ii. Channel Marker #13 was removed - no action will be taken
Roy Wilson announced his attendance at the Coastal Advisory
Board Meeting. He reported that the discussions noted a possible
liability by not installing Channel Markers.
Darryl Richard distributed and reviewed Article II. Beach and
Water Safety and Vessel Control. (See attached)
It was stated that the "idle speed' sign is incorrect and should be
removed.
Discussions continued and it was determined that the sign displays
and Ordinance number and is State regulated.
VI. Old Business
A. Tom Briscoe - Waterway Maintenance and Shore Protection (to
include)
1. Quality of Seawalls to Prevent Silting - None
2. Marine Patrol of Haldeman Creek - Distributed and reviewed
emails from Lt. David Johnson ( See attached)
Roy Wilson noted the colliergov.net website includes a webpage on
Waterways Management. (See attached)
B. Joe Patton - Monitor I Interface with Naples MSTU on Technical
Aspects of Dredging (to include)
1. Portion of HC inside Naples City Boundary not in MSTU - None
2. Bedrock near Sandpiper - None
C. Vicki Tracy - Implication of Florida Tax Acts, Taxing Rules, and
Public Information - None
4
D. Sharon King _ Storm water Runoff and Drain Maintenance _ Non! 6 I 1 A
E. Roy Wilson - Property Tax Valuation and MSTU Boundary - None
F. Darryl Richard - Research on Speed Zones - Previously discussed
V.B.
VI. New Business
A. Discuss proposal to change meeting time to 3:00 - 5:00 - None
VII. Public Comments - None
VIII. There being no further business to come before the Committee, the
meeting was adjourned by the Chair at 6:09 P.M.
Haldeman Creek Maintenance Dredging
MSTU Advisory Committee
;2, W~
Roy Wilson, Chairman
These minutes approved by the Committee on
as presented or amended
Next meeting is scheduled for April 10, 2008
Collier County Transportation BldgjEast Conference Room
2885 S. Horseshoe Drive
Naples, FL 34104
5
161 lA
1falifeman Cree~:Maintenance CDrediJina
:MS. q: v. Jf.tfvisory Committee
2885 S. Horseshoe Drive
Naples. FL 34104
March 13,2008
SUMMARY OF MINUTES & MOTIONS
III. Approval of Agenda
Add: III. Executive Summary - Diane Flagg
Budget FY09 - Diane Flagg
V. A 1. Approval FY09 Budget
VI. B. Coastal Advisory Committee
C. Signage
Joe Patton moved to approve the Agenda as amended. Second by
Vicki Tracy. Motion carried unanimously 4-0.
IV. Approval of February 14, 2008 Minutes
Change: Pg 4 Paragraph 3 should read A Presentation was given and it
was stated that 65,000 "cubic yards of dredge" and 18,000
"cubic feet of rock" would be removed at an estimate cost of
$1,700,000.
Vicki Tracy moved to approve the January 10, 2008 Minutes as
submitted. Second by Joe Patton. Motion carried unanimously 4-0.
V. Transportation Services Report
A.1 Approval FY09 Budget - Darryl Richard distributed and reviewed
Option A and Option B. (See attached) The following was approved:
~ Option B -
i. Meetings held Bi-Monthly (6 per year)
ii. Transfer Fund 111 - $11 ,250.00
~ Millage Rate increase to .50
Vicki Tracy moved to adopt .50 Millage (rate) to the MSTU based
on Plan B of the proposed Budget that the County has prepared.
Second by Tom Briscoe. Motion carried unanimously 4-0.
B. Project Manager's Report - Darryl Richard distributed and
reviewed. (See attachment)
. (H-6) Requested approval for the Addition of 5 Parcels to the
MSTU Boundary (See attached)
1
161 1A
Roy Wilson moved to request the County Commissioners make
an addition of the 5 Parcels (ParcellD numbers/Owner Name:
48730920506, Talley, Thomas; 48730920108, Mcelwain TR, John;
48730920205, Mcelwain TR, John,' 48730920603, Farmilo, Norma;
48730920700, Talley, Thomas) as these 5 Waterfront Parcels will
benefit from the MSTU's Maintenance of the Haldeman Creek
WatelWays. Second by Vicki Tracy. Motion carried unanimously
3-0.
Darryl Richard requested approval for the Executive Summary
Ordinance change.
Roy Wilson moved that Haldeman Creek MSTU recommends that
the Board of County Commissioners modify the Haldeman Creek
Maintenance MSTU Services Taxing Unit Ordinance #2006-60 by
modifying section 6B to add the words "or owners of Residential
or Commercial property." Second by Vicki Tracy. Motion carried
unanimously 3-0.
2
RECEIVED
MAR 2 8 2008
1 6 J
lA
January 24,2008
Board of County Commissioners
MINUTES OF THE MEETING OF THE COLLIER COUNTY
HISPANIC AFFAIRS ADVISORY BOARD
Naples, Florida, January 24, 2008
LET IT BE REMEMBERED, that the Collier County Hispanic Affairs
Advisory Committee in and for the County of Collier, having conducted
business herein, met on this date at 6:00 PM in REGULAR SESSION at
Administrative Building "F", 3rd Floor, Collier County Government Center,
Naples, Florida with the following members present:
Chairman:
Vice Chairman:
James Van Fleet (Excused)
David Correa
Raymond Cabral
Renato F. F emandez
Manuel Gonzalez
Valaree D. Maxwell
Cosme Perez
Ernesto Velasquez
Luis Alejandro Bernal
ALSO PRESENT: Mike Sheffield, County Manager's Office
l;..'
Mise. CoftoeI:
Date:
Item # J f.o 1. I A:rr.
-:;o;Jies to:
,.,-~
161 1 A
January 24, 2008
I. Introduction
A. Call to Order/Welcome - David Correa, Vice-Chairman
The meeting was called to order at 6:04 PM by Vice-Chairman David Correa.
B. Approval or Meeting Agenda
Cosme Perez moved to approve the Agenda. Second by Valaree Maxwell
Motion carried unanimously 8-0.
C. Approval of the November 29, 2007 HAAB Meeting minutes
David Correa moved to approve the Minutes or November 29, 2007 as
submitted. Second by Valaree Maxell
The motion was tabled.
Corrections to the Minutes were requested.
Change: Pg. 4 line 3 should read Luis Bernal announced he has extended an
invitation to "Colombian Foreign Affairs"
Pg. 4 line S should read "Colombian" Government
Pg 4 paragraph 4 should read Dr. Thompson I Superintendent of
"Collier County Public School System initiated change" to the
double credit system.
Renato Fernandez moved to approve the Minutes or November 29, 2007
as amended. Second by Manuel Gonzalez. Motion carried unanimously
6-0.
Ernesto Veldsquez arrived at 6'05 p.m.
II. Old Business
Guest Sneakers
Scohloastica Choi, Principal, Manatee Middle School- (Not present)
Capt. Tom Davis, Minor Affairs Supervisor, Collier County Sheriff's
Department stated the major issue for the Sheriffs office is Illegal Immigrants.
He stated the ICE Program was designed to deal with Immigration issues &
educate the public. He noted the following:
. 27 trained Employees
. Puhlic meetings are being held to educate the public
. The ICE Program targets offenders of serious crimes & can be
deported
. Language barrier
. Unemployment - Individuals arc leaving Collier County as a result
of the deteriorating economy. The effect is loss offunding for the
School System.
. Employers are required to verify Social Security numbers as a
result
. "Select" Illegal Immigrants that work are not receiving pay
. Human Smuggling & Trafficking
. Jay-walking
2
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January 24,2008
Manuel Gonzalez inquired ifCapt. Tom Davis worked with the School Board,
DCF & LULAC to get the message to the Spanish Media
Capt. Tom Davis responded affirmatively that the Agency has communications
with "all" Spanish Radio and TV stations. Stated they are working with DCF and
will utilize the new formed alliance with LULAC.
Discussions ensued concerning Capt. Tom Davis as the sole person in his
department with the goal being to obtain liaisons for every district.
Harriet Coleman, Circuit Administrator, Department. of Children &
Families spoke on the following 3 areas:
. ACCESS PrOilram "Automated Community Conneetion to Economic Self
Sufficiency Program"
~ In Decembcr served 12,000 from the Hispanic Community
~ Medicaid 11,000
~ Food Stamps 6,000
~ Temporary assistance for needy families 188
~ Many Hispanics have limited transportation and "some" with
language barriers
She also noted:
~ An individual can apply for Economic Assistance for
Transportation issues via computer.
~ Community Partners have been implemented for assistance
~ Need for partnerships in additional neighborhoods for Collier
County.
~ Other locations are needed along with Naples and Immokalee
~ Department provides training, signs and brochures.
. The Child Welfare System
~ Noted approximately 20% of the children under State care are of
Hispanic decent.
~ 90 children in Collier County
~ Collier County Hispanic Foster Homes 10-1 S
~ Foster homes are needed with Spanish speaking and Hispanic
background individuals.
. Refuile Proilram
~ Dcpartment handles assistance for people designated by the US
Citizenship & Immigration Services as Refuges.
~ Department provides Adult education, GED, employment, legal
services and childcare.
She requested assistance from the Advisory Board for the ACCESS Program &
Child Welfare System as the Refuge Program was not in need.
Questions were asked ifthe Catholic Charities & the Department share Funds and
if the Department was in partnership with Big BrotherslBig Sisters Program.
It was noted the Dcpartment does work with the Catholic Charities however no
sharing of Funds and the Big BrotherslBig Sisters is a separate organization.
3
161
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January 24, 2008
It was also noted the Department does not report Illegal's to Law Enforcement.
David Cornelisse, Supervisor, Child Protection - Department of Child &
Families - Immokalee Supervisor of Child Abuse Investigations.
Reported the following concerns:
. Not enough Housing
a. County removed old trailers
b. Overcrowding in single family homes
. Daycare
a. Keeping older children home to watch the infant
b. Locking children in a trailer during school closings
. Foster Homes - Spanish speaking
. Unaccompanied minors
a. Sent from Guatemala or Mexico to work
b. When incarccrated: need a responsible adult to release the minor to.
Noted: Friends are Illegal and refrain from giving assistance out offear.
. Human Trafficking - DCF has specialized homes and beds for children in
Miami
The Committee can obtain Spanish-speaking voluntecrs for the Foster parent
program through publicity.
Discussion ensued on foster children receiving papers, becoming residcnts and the
proccss a child goes through after the age of 18. The "Road to Independence"
was discussed in reference to the above.
The recommendation was made for David Cornelisse and Harriet Coleman or a
representativc to attend the Immokalee and Naples mcetings that are held by Capt.
Tom Davis.
Paula DiGrigoli, Health & Wellness Educator, Collier County Health
Department - Announced she is certified as a DUI evaluator and instructor.
Distributed & reviewed Hispanic Data in Collier County. (See attached)
);0 52% are bilingual - Spanish and English
"Y Residcnts 2S% Hispanic
., Public Schools
- Hispanic 41.6%
- White 42.9
Driving accidents
., Highest rate offatalities (age group 20 - 24) - Hispanic
A study concluded that the undocumented Hispanics are driving illegally. They
cannot apply for a license therefore they are not required to learn the traffic laws.
It was recommended to conduct a Media Campaign.
Discussion was held on which Agency funded the study, how the area was
selected for the Study, and the conclusion of alcohol use after work.
Discussion ensued concerning the need for more infonnation on Health care.
4
16J
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January 24, 2008
A pamphlet was supplied on the services provided by the Health Departtnent.
Luis Bernal inquired on statistics of the burden on the Health Care System by
Illegal's.
Paula DiGrigoli responded she was unsure due to HIPPA Laws as there are
questions that are prohibited, She will inquire if Health cost is documented.
Victor Vales was introduced as one ofthefoundingfathers of the HAAB
Victor Valdes, League of United Latin American Citizens (T,ULAC) -
President of Council #7115 Naples - announced a meeting with Sheriff Hunter
where he received an apology for prior behavior. During the meeting a Joint
Cooperative Agreement was signed between LULAC & Collier County Sheriffs
Office. (See attached) The agreement contains the following:
~ Cooperation with Sheriffs office
~ Supervise compliance of the Vienna Convention Accord
~ Review of reported Police violence
Hc announced an effort is being made to present a Bill that would issue Driver's
License to everyone in the State of Florida. He stated this would ensure that all
drivers would be insured and documented.
A discussion ensued and was questioned if the Cooperative Agreement would
remain valid if a new Sheriff was appointed.
Victor Valdes responded with or without an Agreement, the people of Collier
County must be treated with respect and without police violenee.
Discussions continued and was noted that Graduates that are not documented are
unable to receive Financial Aid or attend College.
Victor Valdes stated there is a Commission for Immigrants, Housing, and School.
He requested the information be forwarded to him in order to work as a joint
effort with the Committee.
Manuel Gonzalez stated that the REAL 10 Act was passed by US Congress in
2005 requiring all States that individuals present proof of US Citizenship to the
DMV which will be verified. He stated the Government is pressuring all States to
participate.
Cosme Perez moved to recommend the Commission allow the HAAB to
present new and current information to the Community (via Press Release.)
Without a second the motion was not considered.
The recommendation was made to conduct a second meeting with Guest Speakers
to draw objectives for the FY09 and to submit a document to the Board of County
Commissioners containing input from the Hispanic Community.
The inquiry was made if the Chairman or a Representative is permitted to submit
information to the Media,
Mike Sbeffield stated there is strict policy on Press Releases and noted the
Committee was fonned to advise the Board of County Commissioners on issues
5
161
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January 24, 2008
of Community problems or concerns. The recommendation was made to select
two Projects or Topics to Study for 2008.
Discussions continued.
Cosme Perez moved a spokesperson naming tbe Board (of County
Commissioners), a person from tbe Board (of County Commissioners) or tbe
Commission assign to have the information released mentioning the HAAB.
Without a second the motion was not considered
Discussions continued and noted Minutes are of public record and the Board of
County Commissioners can review.
Renata Fernandez left at 8:14 p.rn
Ernesto Velasquez made the recommendation to select a Project to Study in
order to submit a researched and informed recommendation to the Board of
County Commissioners and the Media.
Valaree Maxwell stated she would inquire with Commissioner Coletta
referencing the ongoing discussion and also announced a meeting is scheduled
next week for the County Code Enforcement Task Force.
Luis Bernal noted the request was made for the attendance of three translators.
III. New Business - None
IV. Comments I Announcements - None
V. Pnblic Comments - None
Being no further business for the good of the County, the meeting was adjourned by
order of the Vice-Chair at 8:26 P.M.
COLLIER COUNTY HISPANIC AFFAIRS
ADVI ORY COMMITTEE
These Minutes approved by the Board/Committee on _'3 ~ 7 ~ ""!__
as presented .......----- or as amended
6
j:' I 1'1-\.'~~~0 \.
, 13 a --+'-'--
Halas ...~." -
, ~enning_ ',:"
:"oyle __2
I..:oletta _~-------
RECEIVED
MAR 2 8 2008
FebrlQJo8 1 A
B08rd of County Commissioners
MINUTES OF THE MEETING OF THE COLLIER COUNTY
HISPANIC AFFAIRS ADVISORY BOARD
Naples, Florida, February 28, 2008
LET IT BE REMEMBERED that the Collier County Hispanic Affairs Advisory
Committee in and for the County of Collier, having conducted business herein, met
on this date at 6:00 PM in REGULAR SESSION at Administrative Building "F",
3rd Floor, Collier County Government Center, Naples, Florida with the following
members present:
Chairman: James Van Fleet
Manuel Gonzalez
Valaree D. Maxwell
David Correa (Excused)
Luis Alejandro Bernal (Absent)
Raymond Cabral (Absent)
Renato F. Fernandez (Excused)
Cosme Perez (Absent)
Ernesto Velasquez (Excused)
Also Present: Mike Sheffield, County Managers Office
Misc. Corres:
Date:
Item #:
~c,i?s to
~
F!.~J8,200J A
I. Introduction
A. Call to OrderIWelcome
The meeting was called to order by Chairman J ames Van Fleet at 6: 15 PM
A quorum was not established.
Chairman Van Fleet announced that, due to the failure to achieve a quorum, the meeting
of the Hispanic Affairs Advisory Board would not be held. All business will be
continued to the next scheduled meeting.
Next Meeting: March 27,2008
There being no further business for the good of the County, the meeting was concluded by
order of the Chair at 6:18 P.M.
COLLIER COUNTY HISPANIC AFFAIRS
ADVISORY COMMITTEE
LJ~
These Minutes were approved by the Board/Committee on ..3 ~ 7 ~y
as presented ~. or as amended
2
~~CEIV~D
1 bA'R 2 2]008
Board of County Commissioners
IMMOKALEE BEAUTIFICATION MoSoToUo
ADVISORY COMMITTEE
MlIrl'h 2(,. 2lHlll
AGENDA
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes - February 27,2008
V. Transportation Services Report
A. Budget - Caroline Soto
B. Project Manager Report - Darryl Richard
C. Budget Report - Mark Isackson
VI. Transportation Maintenance Report - Robert Kindelan
VIII. Landscape Architects Report
A. Maintenance Report- Michael McGee
B. Paver options & costs
VIII. Old Business
IX. New Business
X. Public Comment
XI. Adjournment
The next regularly scheduled meeting is April 23, 20084:30 p.m.
At the Immokalee Community Park
321 First Street South, Immokalee, FL
Mise Corres:
Date:
Item#: 1(" Ll A !1
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RECEIVED
APR 2 2 2008
1st> "foun~ Tm~ioners
IMMOKALEE BEAUTIFICATION MoSoToUo
ADVISORY COMMITTEE
February 27, 2008
Minutes
I. The meeting was called to order at 4:40 P. M. by Cherryle Thomas.
II. Attendance
Members: William Deyo, Dorcas Howard (Absent), Cherryle Thomas,
Andrea Halman
County: Tessie Sillery - Operations Coordinator, Caroline Soto - Budget
Analyst
Others: Mike McGee - McGee & Associates, Robert Kindelan - ClM
Darlene Lafferty -Mancan, Christie Betancourt - Immokalee CRA
III. Approval of Agenda
Andrea Ha/man moved to approve the Agenda. Second by William
Deyo. Motion carried unanimously 3-0.
IV. Approval of Minutes - January 23, 2008
William Deyo moved to approve the Minutes of January 23, 2008.
Second by Andrea Halman. Motion carried unanimously 3-0.
Mike McGee reported the following:
o Crown of Thorn replacement is required
o A portion ofthe sidewalk on N. 1st ST. (Funded by the MSTU) was
removed during installation of a driveway for new Construction
V. Transportation Services Report
A. Budget - Caroline Soto distributed and reviewed. (See attached)
o Operating expense $136,577.30
o Available Improvements General $1,086,300.00
o P.O. was opened for Southern Signal $16,220.00 (Pole
replacement)
The r.equest was made for Mark Isackson to attend the March 26, 200~isc. eon.:
meeting.
Dale:
Item t:
:;opm~
B. Project Manager Report - distributed and reviewed IX. (See
attached)
16J
1A
VI. Transportation Maintenance Report - Robert Kindelan/CLM - (Not
present)
VII. Landscape Architects Report
A. Report - Michael McGee: Previously discussed IV.
B. Paver options & cost - None
VIII. Old Business - None
IX. New Business - Cherryle Thomas introduced Christie Betancourt.
Cherryle Thomas reviewed the Committees purpose and goals. She
noted the Main Project is the Beautification in the "Taxing District."
Mike McGee reviewed the following:
* Replacement and the Extension of Street Lighting
* Repair of the Curbing and Median openings due to Hurricane and
Pedestrian damage
Darryl Richard reported the Lighting Plan is under review by FOOT.
He submitted a proposal for Inspection Services from AIM Engineering &
Surveying, Inc. in the amount of $66,710.00 (Phase IV Street Lighting
Renovation) based on County Annual Contract rate. He reviewed the
following for the Renovation:
* Removal of the existing Aluminum Poles
. Installation of 142 Light Poles (Blue)
. Installation of new Wiring and Conduit
. Noted the Blue Light Poles provide consistency for the Street
. Tree Plantings which will compliment the Lighting
It was questioned if an onsite Inspector was required.
Darryl Richard responded that it is required by Traffic Operations to
ensure Quality Control for the Construction.
Cherryle Thomas moved to include (in the motion) Aim Engineering
will provide a person onsite for the Construction and Renovation
Project of State Route 29 for the Lighting in the proposal amount of
$66,710.00.
Without a second the motion was withdrawn
Discussions ensued.
William Deyo moved to authorize staff to contract Aim Engineering
in the amount of $66,710.00.
Without a second the motion was withdrawn.
2
It was questioned if (Aim Engineering) was the only bid to chollffo~. 1 A
Darryl Richard responded that the bid was awarded through the Collier
County bidding process.
Cherryle Thomas moved for Aim Engineering would do the proposal
of Street Lighting Renovation Project at State Route 29 at $66,710.00
and have a person on site to manage the Project. Second by William
Deyo.
Discussions ensued.
Motion carried unanimously 3-0.
Darryl Richard requested a transfer of $70,000.00 from Improvements
General to Operating.
Cherryle Thomas moved to (Transfer) no more than $70,000 (to)
Other Engineering Fees from Capital Improvements. Second by
William Deyo. Motion carried unanimously 3-0.
X. Public Comment - None
XII. There being no further business to come before the Committee, the
meeting was adjourned by the Chair at 5:22 P.M.
Immokalee Beautification MSTU
Advisory Committee
\ 1 n
C,llE ll.~
Cherryle Thomas, Chairman
Oh
(/lI',l-l/)
These minutes approved by the Committee on
as presented -1 or amended
3- ~b 0 g
The next regularly scheduled meeting is March 26, 20084:30 p.m.
At the Immokalee Community Park
321 First Street South, Immokalee, FL
3
161 111
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IMMOKALEE BEAUTIFICATION MoSoToUo
ADVISORY COMMITTEE
February 27, 2008
SUMMARY OF MINUTES AND MOTIONS
III. Approval of Agenda
Andrea Halman moved to approve the Agenda. Second by William
Deyo. Motion carried unanimously 3-0.
IV. Approval of Minutes - January 23, 2008
William Deyo moved to approve the Minutes of January 23, 2008.
Second by Andrea Halman. Motion carried unanimously 3-0.
IX. New Business
Darryl Richard submitted a proposal for Inspection Services from AIM
Engineering & Surveying, Inc. in the amount of $66,710.00 (Phase IV
Street Lighting Renovation) based on County Annual Contract rate.
Cherryle Thomas moved for Aim Engineering would do the proposal
of Street Lighting Renovation Project at State Route 29 at $66,710.00
and have a person on site to manage the Project. Second by William
Deyo.
Discussions ensued.
Motion carried unanimously 3-0.
Darryl Richard requested a transfer of $70,000.00 from Improvements
General to Operating.
Cherryle Thomas moved to (Transfer) no more than $70,000 (to)
Other Engineering Fees from Capital Improvements. Second by
William Deyo. Motion carried unanimously 3-0
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lA
February 27, 2008
Prepared by:
Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes
Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes
Immokalee MSTU Project Status
(IMM- 16) - ACT!VlO Darryl Phase IV - CEI Services; AIM Engineering Proposal.
2-27-08: AIM Engineering Proposal for inspection services for $66,710.00 received.
Requires Committee Approval.
(IMM- IS) - ACTIVE Darryl & I'ess;e: Immokalee MSTU - 4 year Review Report
Every four years on a rotating schedule, in accordance with Ordinance 2001-55,
the advisory boards and committees of the Board of County Commissioners are up
for review.
12-20-07: Requested Acting Chairman for input on the report.
01-07-08: Reminded Acting Chairman of deadline - January 11th, 2008.
1-23-08: BCC Date is 3-25-08 for chairman and/or designee to speak in front of
BCe.
(lMM-ll) - ..\CI!VL-UN(iOiN(; ~POC: Tessie SilIery) - Roadway Maintenance: BID #06-4008--
expires: 9-12-10 "lmmokalee Beautification M.S.T.U./M.S.TD. Roadway Grounds Maintenance";
Commerical Land Maintenance Contract
9-12-06: BCC Approval of Contract
10-04-06: Notice to Proceed
10-12-7: New Fiscal Year 07-08 - Notice to Proceed.
(IMM-S) -AC II V E ~FDOT IPA Grant) (POC: Darryl) - (FDOT Funding commitment: $300,00)
SCHEDULE:
lmmokalee MSTU: Phase IV - Lighting Project (JP A Funding) (Hwy 29)
Immokalee MSTU: Phase IV - Lighting Project (JPA Funding) (Hwy 29)
FYI:
~V!t~
PHASE
Start - End Date
100% Plan Submittal
Revised 100% submittal- McGee
FDOT Reciept of revised sheets
FDOT Review
FDOT NTP
21 DAY BIDDING
BID DUE
Bce APPR
NTP CaNST
90 Day Substantial Completion
Final Completion Date
9/7/2007
10/24/2007
10/11/2007
1/14/08-2114/08
3/1/2008
3/10/08-3/31/08
3/31/2008
4/22/2008
6/7/2008
6-7-08 to 9/5/08
9/30/2008
I
161
lA
UNDER DESIGN 100% COMPLETE-LIGHTING-Immokalee Beatification Phase IV - Design
(Consultant: Mike McGee)- Design Phase - 30% Completion; McGee & Assoc, Work Order for
$76,944.02 issued NTP Design on 3/25/0S.
McGee 60% plans are to be reviewed by Staff and Set up FOOT pre-app meeting with Lisa in ROW. Note:
LISA TUCKER TO SET FDOT PRE-APPLICA nON MEETING DATE. MCGEE TO FILL OUT FDOT
FORM FROM LISA TUCKER. On Jan. 24, 2006 there is a meeting with McGee and Sub-Consultant to
review plans for FOOT Pre-Application.
4-17 -06 McGee to re-submit plans with corrected project number for review.
S-I-06; McGee & Assoc. is non-responsive in providing requested 60% plans
5-30-06 McGee & Assoc. submitted 60%
6-5-0660% Plans submitted to Staff and FOOT for review. Review Pending.
6-12-06: 60% plans under review by FDOT.
6-27-06: 60% plans under review by FOOT
7-18-06: 60% plans under review by FOOT
8-16-06: 60% plans under review by FDOT
8-22-06: 60% plans under review by FOOT
8-31-05: Email sent to Karen Miracolla for status of60% review.
9-25-06: PBS&J request infonnation from McGee & Associates for project.
10-18-06: Request to proceed with 100% plans submitted to FOOT
11-8-06: Direction to McGee & Associates to proceed to 100% Drawing Submittal.
1-17-07: Waiting on plans from McGee - 100% plans are due into FOOT for this project
3-28-07: 100% plans delivered to FOOT for review. Approval is pending.
4-20-07 - revised schedule below
S-14-07: Still waiting on FOOT.
5-23-07: Still waiting on FOOT
6-11-07: FOOT has replied with comments - LA reviewing comments
7-23-07: McGee - pending Engineer - to answer photometric lighting comments from FDOT made.
8-22-07: McGee - waiting for comments and revised plans.
9-07-07: McGee submitted plans today. And plans will be submitted for FOOT review 9-11-07!
9-21-07: Updated plans from McGee - re- submittal to FDOT on 9-25-07'
10-24-07: Pending FOOT response
11-06-07: Pending FDOT response
12-10-07: McGee Plans re-submitting to FOOT.
1-7-08: McGee revising plans as per FOOT comments - 100% plans pending.
1-22-08: McGee completed 100% plans - to be forwarded to FOOT (min. 30days)
1-31-08: County submitted 100% plans to FDOT - Michelle Peronto.
(IMM-3) ACTIVF - (POC: Oanyl) Immokalee MSTU expanding their boundaries-
SCHEDULE:
Immokalee MSTU: Boundary Expansion Proposal
Immokalee MSTU: Boundary Expansion Proposal
PHASE Start - End Date
Approval of Mailing-Due 6/1/2007
Language Conversion 7/112007-7/15/2007
Mailing 7/15/2007-8/1/2007 (recommendation by County Attny. For BCC petition)
BC<':: Appr()yal .' Pending Advisory Committee petition to BCC
,_.....j~.....-.......ceoftIln....iii!""""-oh(~""'I.RCt........V........i2).-- In"""".....:
. " .....""_........"'" ." " "'.,.._!J!lIjW!!IIc1!.~!l'.~.,..,',..-......"'~ "'~w~__....
5-IS-06-RLS sent to Scott Teach - to answer committee questions on expanding boundaries and procedure
of expanding.
S-30-06 - in recent emails Scott Teach advises SO+ petitions to go before the board.
2
16/
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6-12-06: Committee to petition citizens for proposed change. - Staff has maps complete.
6-27-06; Confirmed with Scott Teach - yes 50%+ 1 required.
7-18-06: Committee on 8-16-06 with Scott teach evaluation on proposal- committee is required to
provide SO% + I petition - prior to proceeding with expansion of boundaries.
8-7-06: Kevin Lilly to provide assessed values and Dan Regan is to provide survey data for delineation.
Scott Teach is working on sample petition.
8-16-06: Sample Petition Complete, Mapping Complete. County Attorney review and recommendation
pending.
8-16-06: Due to No Quorwn Committee Action not taken. Committee action required to approve petition
and approval of funding for mailing of petition to residents.
9-20-06: Committee approved Sample Petition and Boundal)' Expansion and payment for mailing. Mailing
is to have Spanish and Creole language.
10-30-06: Final Petition, Boundal)', and List ofNamesfProperties sent to Scott Teach for review and
approval. Required letter to residents is still pending, Committee Chainnan Action required.
12-04-06: Review by committee cbainnan Rita Avilas pending
1-17-07: Rita to review and come back with comments at next meeting. Staff requires Committee approval
for draft letter to residents prior to mailing.
1-24-07: Draft Letter distributed to committee to review and respond to item.
4-10-07: Revised letter as of 3-28-07 Committee recommendations sent to Committee Chair for
review/approval.
4-20-07: Schedule will be revised after 4-26-07 meeting:
5-14-07: Pending approval from chainnan
5-23-07: Requires Chainnan /Committee approval.- committee approved letter in 3 languages
6-11-07: Requested for estimate for mailout - mancan
6-25-07: Scott Teach - Reviewing letters, procedure and answering Mancan's questions.
7-10-07: Dorcas Howard is reviewing tbe final draft ofletters to add one-line statement for clarifIcation
regarding 'Respond by Date'. (August 15,2007)
7-23-07: On 7-10-07 - County Attorney- Scott Teach - emailedstaff-..Yes.ltis my recommendation
that you bring this to the BCC, perbaps through a member of the Advisol)' Committee, prior to taking any
further action.". - MSTU will be meeting in September 07.
8-22-07: Committee to select member to attend BCC meeting and present before the board.
9-24-07: Committee to select member to attend BCC meeting and present before the board.
9-24-07: No Quorwn Again - Only Miss Thomass was present.
10-24-07: Committee selected Chel)'l Thomas to assist getting things done and speaking to community
members and William to speak to bcc and introduce Darryl to speak.
11-28-07: No Quorwn.
12-26-08: No meeting holiday
1-25-08: Committee did not discuss, but requested CRA Executive Director to attend and introduce
herself.
(IMM-14) - COMPLETE. 3 Benches - Description: Quote # FL072307-1, 3 Seater, End
and Divider Arms Frame: Blue Tiger Ribs: Light Grey- Model ML-FAA-3-UV-
7-27-07: Notice to Proceed (P. O. #4S00082228; dated 7116/2007) - Completion 9-26-07
8-1-07: Arrangements were made for benches to be delivered to Cat Head Quarters.
9-24-07: Re-arrangements were made and NOrix is delivering to Commercial Land office in
Naples - last week of Oct. 07
10-12-07: Benches were received by CLM.
(IMM-I0) - COMPLETE -{POC: Darryl) McGee & Associates - Refurbishment Project-Hwy 29 Med. I st
Immokalee MSTU: Paver Installation Project (Hwy 29)
Street to 9'" Street - Landscape & Irrigation Renovation Project includes Bulbout Refurbishment Project;
11-17-06: Committee approved funding for design of project by McGee & Associates
12-04-06: Pending Purchase Order with Work Order - $13,330.00
3
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12-08-06: NTP Given to McGee & Associates - Completion Date; September 4, 2007 )
3-28-06: Staff request copy of base plans for quotation of brick-paver installation.
4-13-07: McGee indicates actual project cost may exceed the CLM quote of 48 K and will be more likely
105 K when project is bid out. Project Drawings pending for bid.
4-24-07: Received project plan drawings from McGee
4-26-07: Requested quotes from 3 annual contractors (Bonness/Better Roads/Quality) and gave all three
contractors McGees' plans with a deadline of 5-4-07.
5-14-07: Received quotes from 3 vendors - on 5_12"' and S-14-07.
S-23-07: Work Order BC-FT-3773-07-08 - Bonness - signature process
6-15-07: NTP -Completion date:- September 13, 2007 - 9-13-07 - Amount of Project: $118,478.92
6-18-07: Met with Bonness -to discuss variances on scope of project.
7-25-07: Pro,ject completed earl\' -- 50 days ~arly
-
(IMM-8) --{:OMPLETE (POC: Darryl & Tessie) - BID #06-4008 -- "Immokalee Beautification M.S.T.U.
/M.S.T.D. Roadway Grounds Maintenance"
8- 1 5-06: Pre-bid meeting Purchasing, areas indicated as being maintained by CLM currently need to be
added to contract.
8-22-06: Bid due date is 8-30-06 addendum for additional maintenance areas is pending.
8-30-06: Bids received from Commercial Land and Ground Zero. Bid Tabulation is pending. Staff deadline
for ES is 9/11/06; Brenda Brilhart confirms Purchasing will have Tabulation by Sept. 7, 2006.
9-12-06: BCC approved - waiting for signed contract from purchasing.
9-14-06: Current contract with CLM extension request sent to Robert Kindelan.
10-04-06 - Purchase Order & NTP sent out- completion - (September 25, 2007)
(IMM-7) -COMPLETE -{POC: Tessie) Signage Refurbishment and Replacement;
8-16-06: Quotes from Lykins presented to Committee for review/approval. Sign is $4,800.00 and
Refurbishment $1,000.00.
8-16-06: Due to No Quorum - No Committee Action taken. Staff cannot proceed with project. Approval is
pending next Regular Meeting and/or Special Meeting.
8-22-06: Special Meeting request by staff. Special Meeting date/time pending. Committee action approving
funding for project is required.
9-20-06: Committee to review quotes
9-20-06: MSTU Committee approves 'Cedar' sign and refurbishment proposals.
10-17 -06: PO request in the system
10-2S-06: PO sent to Lykins; PO 4S00071698; the time-line for this project is 60 days to completion.
December 25, 2006 Project Due Date.
11-15-06: Lykins Signtek sent graphics for review and approval.
12-04-06 - Mcgee to come up with Template on size of letters.
1-17-07: - need committee approval on proposal
1-24-07: Committee approved design from Lykins
1-2S-07: Emailed and faxed approved design work - completion date: (March 31, 2007)
4-10-07: Sign reported installed by Lykins - inspection pending.
(IMM-II) -COMPLETE - (POC: Tessie Sillery) Brick Re-lnstallation - Maintenance; CLM to re-install
missing brick.
11-17-06: Committee request CLM to quote project.
1-17-07: Mcgee to submit plans under refurbishment project Work Order.
2- 1 7-07: Perform Wlder maintenance. CLM to quote project
3-28-07: CLM quote is for $48,000.00. Staff recommends quotation with Annual Contractors in addition to
CLM quote. Note: CCNA Threshold for formal bidding is $50,000.00
4-13-07: CLM quote of $48,000 exceeds purchasing limits for utilization of existing maintenance contract
for purposes of project using CLM.
4
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(IMM-6) -COMPLETE - UNDER CONSTRUCTlON-(POC: Darryl) -Immokalee Pavers Project -
Construction Cost: Bonness: $69,025.60
September 12, 200S: NTP- 9-8-05 issued to Bonness - Construction 90 days.
P.O. ISSUED FOR $49,861,50 to Kent Technology for lighting installation. Bonness to complete work
with a W.O. after lighting installation is complete. Lighting installation was recommended by McGee.
4-17-06; Lighting by Kent is pending; Spoke with Thomas Ladimer of Kent he says that Jim Smith will be
managing this project.
S-I-06; Kent Technologies to install Lights May 1-30; Bonness is to complete paver installation following
lighting project completion.
5-1 S-06: Jim Smith new project mgr. - Tentative meeting S-17-06 with McGee I Smith and Lulich to have
Coordination meeting before project proceeds.
5-30-06; Meeting scheduled on June 2"', to review project. - Inspection
6-12-06: Kent Technology Jim Smith confIrms schedule for construction within 2 weeks.
6-27-06: Kent Technology - under construction work to be completed June 29, 2006
7-18-06: Change in Specs by McGee requires jack and bore operation which will commence by 8-1-06.
8-16-06: Jim Smith with Kent Technologies confIrmed that they are under construction with Lighting.
8-22-06: Jim Smith confIrms that Kent will install lighting foundations beginning on August 30, 2006 with
project completion by September 8, 2006. Bonness confIrms that upon completion of Kent installation of
bases by Sept. 8,2006 Bonness would anticipate completion of curbing by Sept. 30, 2006.
8-3 1-06: Jim Smith confIrms crews have picked up the footings for the lights and will begin installation this
week for the footings.
9-20-06: Installation of light bases is completed by Kent Technologies.
10-18-06: Conduit installation completed by Kent Technologies
11-6-06: Curbing installation is being constructed. Forms for concrete are in place and ready for concrete
fIll material.
II-IS-06: All curbing installed. Pavers installation is pending.
12-04-06: Paver installation complete and inspection pending.
1-17-07: Inspected by Darryl and project is 60 % complete with punchlist items
1-23-07: Lighting Installation Completed - inspection to follow; Bonness Pavers need to be reviewed in
terms of contract for percent complete.
1-24-07 - Inspection Complete for lighting; Lighting 100% complete.
1-24-07 - Additional pavers are needed and Bonness to provide quote. Pavers are 50% complete (payable);
additional pavers require change order. Quote for change order pending from Bonness.
2-28-07: Change Order request received by Bonness for $14,803.23 - requires Committee Approval.
3-28-07: Project is completed. Change Order #1 is pending Committee approval.
(lMM-12) - COMPLETE -Irrigation Lateral Break at Median #6: CLM indicated that the repair requires
boring underneath roadway for installation of a new line.
11-17-06: Committee authorizes Staff to effect repair. - $5,000.00 approved
1-17-07 : completed by Commercial land under terms of maintenance contract 06-4008.
(IMM-l3) -COMPLETE - Code Enforcement - Signage placed without permit
10-18-06: Committee request staff inquire with Code Enforcement concerning signs placed in 'triangle
area' at intersection ofHwy 29 and New Market Rd. without permit number indicated on sign.
10-19-06: Code Enforcement informed about signs and requested to remove them.
(IMM-9) -COMPLETE - Report on Curbing in FDOT Project;
10-18-06: Committee Chairman Rita Avalos inquires as to why the State utilized Type A Curbing at
Median separators vs. Type F Curbing as in other parts of project.
II-I S-06: Liaison Staff Provides answer from FDOT on Project Curbing. Type A Curbing is the standard
FOOT installation for separators while the Type F Curbing is standard for other sections of curbing which
are not considered a 'separator'.
(IMM-l3) -COMPLETE - Trash Pick-Up; Committee request to confIrm Immokalee Disposal is providing
'Trash-Pickup' services.
S
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.-.-.-,-----
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AIM Engineering
& Surveying, Ine.
Corporate Office
5300 Lee Boulevard (3397H026)
Post Office Box 1235
Lehigh Acres. Florida 33970-1235
239-332-4569
800-226-4569
Fax: 239-332-8734
...___fl_
Successfully providing our clients and the community with quality planning, engineering and surveying services since 1980.
February 8, 2008
Mr. Darryl Richard, RLA
MSTU Project Manager, CAT project Manager
Collier County Transportation Engineering
& Construction Management Department
2885 Horseshoe Drive
Naples, Florida 34104
Re: Proposal for Immokalee MSTU Beautification Phase IV
Street Lighting Renovation Project
FDOT Project No. JPA, FM 407911-1-58-01
SR29
Collier County Project Number: 660721
Dear Mr. Richard:
AIM Engineering is pleased to provide the Collier County Transportation Engineering &
Construction Management Department (TE&CMD) this proposal to perform work for
Immokalee MSTU Beautification Phase IV, Street Lighting Renovation Project on SR 29.
For project number 660721, the scope covers a four (4) month period and AIM Engineering
will provide inspection services include the following: daily reviews of the Contractor's
Maintenance of Traflic installation; review Contractor's implementation of erosion,
sedimentation and pollution control devices, inspection for proper installation of lighting
devices to ensure conformance with plans and specifications.
Providing the Department with experienced inspection staff that will provide technical
assistance, inspection and testing services and engineering resources for up to four (4)
months_ Such assistance may include: reviewing: submittals, periodic pay requests, change
orders, claims, construction schedules, punch lists and other documents as necessary and
making recommendations to TE&CMD.
SCHEDULE
AIM Engineering anticipates providing the professional services outlined above for a period
off our (4) months after the Notice to Proceed.
COMPENSA nON
AIM Engineering will provide this Scope of Services under the terms and conditions of
Contract #06-3987 Fixed Term Professional CEI Services for a not to exceed fee of
$66,710.00.
-----
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AIM Engineering
& Surveying, Inc.
Corporate Office
5300 Lee Boulevard (33971-1026)
Post Office Box t235
Lehigh Acres, Florida 33970-1235
239-332-4569
800-226-4569
Fax: 239-332-8734
Successfutly providing our clients and the community wifh quality planning. engineering and surveying services since 1980
Inspection & Field Testing
Senior Inspector for inspection and testing at project site (8 hours/ day)
165 hours/month x 4 months x $85.00 hour... ............ ...... ... ...$56,100.00
Overtime (if needed) is estimated at 10% of Labor Costs......... ....... ...... $5,610.00
Additional Services
Includes laboratory testing cost, Project Management (if requested) and
miscellaneous tasks as assigned by Collier County........................... ..$5,000.00
GRAND TOTAL = $66,710.00
AIM Engineering appreciates this opportunity to provide this proposal, and would enjoy
working with Collier County Transportation Engineering & Construction Management
Division on this Street Lighting Renovation Project for Immokalee on SR 29.
If you have any questions, please call me at 239-340-3886.
Sincerely,
AIM Engineering
Tom Deer, P.E.
SW Florida CEI Division Manager
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16 J Rij~IVED
A~~ 9 2008
;:;',.,[,1 fit (:\)unty Commissioners
ISLES OF CAPRI FIRE I RESCUE
ADVISORY BOARD AGENDA
March 6, 2008
CIDEF'S REPORT
A. OPERATIONS REPORT
B. VOLUNTEER REPORT
C. TRAINING REPORT
D. BUDGET REPORT
OLD BUSINESS
Consolidation study group update
Sea Wall update
NEW BUSINESS
Budget cut for FY09
Asst. Chief Mclaughlin Service Award
MisB. Corres:
Date:
Item#:~
,--\'."t,-.
--!
RESERVISTS
A SHIFT
B SHIFT
FF SPEAK
FF RODGERS
FF HEASLEY
161 lA
C SHIFT
FF HOLMES
FF SCHILLING
161
lA
Co~T County
COLLIER COUNTY
TRANSPORTATION SERVICES DIVISION
ROAD MAINTENANCE DEPARTMENT I STORMW ATER MANAGEMENT SECTION
2885 SOUTH HORSESIHH: DRIVE '1AI'U:S, FL 3411)4 tZ.I'IIZ5Z-81'i2 FAX: (23'11252-61)51)
March 3, 2008
William Foley, P,E,
Senior Supervising Engineer
South Florida Water Management District
230 I McGregor Boulevard
Fort Myers, FL 3390 I
Subject:
Isles of Capri Fire and Rescue Station
Isles of Capri Helipad Retention Wall Project
SFWMD Permit No: ll-00949-S
Letter Moditication
Collier County, Section 32, Township 51 S, Range 26E
Dear Mr. Foley:
Please except this letter moditication tor the Isles of Capri Helipad Retention Wall Project.
For the past 10 years, wave action from high winds and high water has eroded approximately
60 feet of shoreline at the Isles of Capri Fire/Rescue Station 90 (175 Capri Boulevard), The
last 25 feet of eroded shoreline was at the expense of Hurricane Wilma. Further storm action
will endanger the public safety facility which serves a community of 3,900 and automatic aid
to a community of 22,400. In order to restore and stabilize the site, it was recommended by
an erosion control expert that the only way to stop the erosion of the shoreline was to
construct a 130 foot sea wall with 15 feet of side retemion.
The proposed project involves installing a concrete seawall along the length of the property
between the building and the water line. A seawall is proposed to be 12' walls with 4' above
grade and 8' below grade 6" thick. The seawall will be installed upland of the shoreline and
will extend the width of the property. Retaining sidewalls will extend 15' back from each
side and reinforcement tie rods will be installed the length of the wall. The seawall cap will
extend I' higher than the present elevation and backtill will be graded to elevation.
The project will take an estimated 2 months to complete. Special permit exceptions from
State DEP have been obtained for this work.
Please contact me at (239) 252-5857 if you have any questions or comments. I look forward
to working with you in the near future.
Sincerely,
.~, , /j- ~j:' ' ,
,/J(r"--t~L ' ,-( '-t, f+-I-,'<L...I:</,J
"
Margaret A. Bishop, r.E.
Senior Project Manager
Cc:
161
Joe Frazier. EMS
Chief Emilio Rodriguez, Isles of Capri
Dan Summers, Director, B ES
Kaydiann Campbell, FDEM
John Vliet, Interim Director
Jerry Kurtz, P.E., Principal Project Manager
IA
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Coyle- /. --_::...- ISLES OF CAPRI FIRE/RESCUE
Coletta -- .-- ADVISORY BOARD MEETING MINUTES
MAR. 6, 2008
ISLES OF CAPRI FIRE STATION
RECEiVED
1 6 I APi oA 2008
Board of County Commissioners
ATTENDEES:
Emilio Rodriguez, Fire Chief
Kirk Colvin, Chairman
Bill Rafeldt, Advisory Board Member
Joseph Langkawel, Advisory Board Member
Jim Gault, Advisory Board Member
Thomas Decker, Advisory Board Member
Barbara Shea, Minutes Preparer
I. CALL TO ORDER
Kirk Colvin opened the meeting at 6:30 p.m.
II. OLD BUSINESS
A. Asst. Chief McLaughlin presented with plaque for 6 years of service.
B. Chief's Report
I. Discussed monthly calls.
2. Seasonal increase in call volume noted.
C. February 2008 Advisory Board Meeting Minutes
1. Copy of Minutes distributed.
2. Minutes approved by all Advisory Board Members.
3. Kirk Colvin approved and signed Feb. 2008 Minutes.
D. Updated list of reserve firefighters distributed.
I. Currently 5 reservists divided up between our 3 shifts.
2. FF Heasley has accepted a full time position at Big Corkscrew FD.
E. Update on Seawall Grant.
1. Funds have been awarded to ICFD.
2. Working on obtaining the final permits.
3. Hopefully the seawall will be installed prior to hurricane season '08. Misc. Corres:
4. Contractor is honoring 2 yr. old quote of$58,750.
5. ICFD responsible for 25% of cost; to be taken out of reserves. Date:
111m t:
161
1A
III. NEW BUSINESS
A. Beginning of FY 09 Budget Cycle.
I. BCC voted to bailout EMS FY08 budget shortfall.
2. Budget office has issued guidance for developing our FY09 budget.
a. Budgeted expenses must be less than 98% ofFY08 budget.
b. ICFD should be able to meet county budget guidelines.
c. ICFD should be able to maintain the same level of service.
3. Expected ad valorem tax revenue will not be available till June.
4. FY07 carryforward has not yet been provided to us.
B. Update on the last Consolidation Study Group Meeting.
1. Subcommittees have been formed to study depts. needed for a merger.
2. Golden Gate Fire Chief presented a draft to the BCC.
3. BCC gave direction for the merger study to continue.
4. Study group will provide the BCC additional information in 90 days.
C. Update on the last Steering Committee Meeting.
1. EMS Chief Page has funds available for an independent consultant.
a. $80,000 "leftover" from an EMS operating study.
b. Funds are from a state grant.
c. If not used, the funds must be returned to the state.
d. Funds can be used to hire a consultant of choice.
e. Most committee members uninterested in using these funds.
f. Decision on these funds tabled until the next meeting.
g. Chief Rodriguez in favor of utilizing these free funds.
h. Motion: Joe requests approval to make a motion at the next
Steering Committee to utilize these funds for a consultant.
1. Kirk seconds the motion.
2. Members unanimously pass the motion.
2. Next meeting's agenda will address all departments' contributions.
a. lCFD will not contribute any funds for study or attorney fees.
b. State grant funds should be utilized for funding.
c. County attorney should be utilized for legal assistance.
3. Upcoming public service announcements.
a. Produced by Victor Hill, PIO of Golden Gate FD.
b. Public Information on brush fires.
D. Collier County Four-Year Review of ICFD Advisory Board.
1. Joe Langkawel to represent the board members.
2. To be held at 11 a.m. at the BCC Meeting on 03/25/08.
161 1A
IV. ADJOURNMENT
The meeting was adjoumed at 7:35 p.m.
Date:
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Approved:
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Coyle
Coletta
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CONSERVATION COLLIER
LAND ACQUISITION ADVISORY COMMITTEE
April 14, 2008, 9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F"), Third Floor
IVED
APR 0 3 2008
Board of County Commissioners
I. RollCall
II. Approval of Agenda
III. Approval of March 10, 2008 Minutes
IV. Old Business:
A. Real Estate Services Update - A-list properties
B. Contracts
C. Statutory Deed for Fleischmann 12.5 acres (Exec Sum)
D. TDR Resolution update (Exec Sum)
E. Update - Parking tags
F. Update - Application changes
VII. New Business
A. New Cycle 6 applications (table)
1. Fee Simple - Benfield Road properties
2. Conveyances under the TDR Program - Caloosa Reserve
B. Land Development Code amendment to Section 3.05.07 B - regarding offsite -
preserves- review and recommendation (Exec Sum)
C. Proposed Interagency Agreement - Collier Soil and Water Conservation District-
Discussion
D. Upcoming Annual Meeting - Discussion and planning
E. Outstanding Advisory Committee Member Program
F. Florida Forever Successor Program - update & support letter to Legislators
G. Coordinator Communications
VIII. Subcommittee Meeting Reports
A. Outreach - Tony Pires, Chair
B. Lands Evaluation and Management - Kevin Kacer, Chair
C. Ordinance Policy and Procedures - Will Kriz, Chair
IX. Chair Committee Member Comments
X. Public General Comments
XI. Staff Comments
XII. Adjourn
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Committee Members: Please notify Alexandra Sulecki at 252-2961 no later than 5:00 p.m. on _CaMs:
11. 2008 if vou cannot attend this meetinCl.
Date:
Item#: Iv;.r I AJ
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RECEIVED
March 10, 2}06ArR 1 8M
OO<lm of County Jrn.tl.lone"
MINUTES OF THE MEETING OF THE CONSERVATION
COLLIER LAND ACQUISITION ADVISORY COMMITTEE
Naples, Florida, March 10, 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
Kevin Kacer (absent)
Michael Delate
Tony Pires
Jeffrey Curl
Mimi Wolok
ALSO PRESENT: Jennifer Belpedio, Assistant County Attorney
Cindy Erb, Real Property Management
Alexandra Sulecki, Conservation Collier Coordinator
Melissa Hennig, Principal Environmental Specialist Misc. Corres:
David Weeks, Planning Manager Date:
item#:
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March 10, Jo6 I
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I. Roll Call
Chairman Poteet called the meeting to order at 9:00AM. Roll call was taken and a
quorum was established.
II. Approval of Agenda
Mr. Espinar moved to approve the agenda. Second by Mr. Delate. Carried
unanimously 7-0.
III. Introduction and Welcome to new Committee Member Jeff Curl
Jeffery Curl was introduced as a new member to the Committee. He is a Landscape
Architect and alumni of the University of Florida.
IV. Chair and Vice Chair Elections
Mr. Kriz moved to nominate William Poteet as Chairman of the Conservation
Collier Land Acquisition Advisory Committee. Second by Mr. Espinar. Carried
unanimously 7-0.
Mr. Pires moved to nominate Will Kriz as Vice Chairman of the Conservation
Collier Land Acquisition Advisory Committee. Second by Mr. Espinar. Carried
unanimously 7-0.
V. Approval of December 10, 2007 Minutes
Mr. Jenkins moved to approve the minutes of the February 11, 2008 meeting.
Second by Mr. Delate. Carried unanimously 7-0.
VI. Old Business:
A. Real Estate Services Update - A - list properties
Cindy Erb of Real Property Management provided the following updates:
Fleischmann North - Freedom Park is moving forward and this item will be
presented at the next meeting.
Winchester Head - 3 parcels have been closed on since the last meeting, 2
more today. To date 17 parcels have been acquired (including today) totaling
25.03 acres and 15 parcels are under contract.
Hamilton - Received the checks for the appraisals and they are proceeding.
RJS. LLC - A waiting response from owners.
Ms. Wolak arrived at 9:08AM
CvcIe 5 - Received replies from all Cycle 5 owners except for the Camp Keais
parcels; 14 interest letters have been sent to the Camp Keais owners with one
received'
Phase 1 Environmental Assessments are proceeding on applicable parcels.
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March J 2~81
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B. Update on Pepper Ranch re-designation application
Alex SuIecki, Conservation Collier Coordinator provided an Executive
Summary regarding the application dated March 10, 2008 and noted that an
application had been filed for a Growth Management Plan amendment for re-
designating 191.8 acres of the "Pepper Ranch" property from Open Lands to
Habitat Stewardship Area. She outlined one of the primary concerns for
Conservation Collier is the possible affects on the property value. She stated that
the applicant has represented that ifthe appraisal value creates a concern, the
application may be withdrawn.
She stated that there was a Phase 11 Environmental Assessment completed in 1995
on the property identifying at least two areas of concern; a cattle dipping vat and
the location of oil wells on the property. This Assessment was not utilized at the
time of the Initial Criteria Screening Report, but will be used in an updated Phase
II Environmental Assessment that will be conducted on the property.
Cindy Erb stated the consultants conducting the appraisals are familiar with the
Rural Lands Stewardship program and the related affects on property values of
parcels within this designation.
Jennifer Belpedio, Assistant County Attorney, reviewed a memo she prepared
for Alex Sulecki dated March 7, 2008, Re: "Conservation Collier - Interaction
with Rural Lands Stewardship Credit Program, RLS NO. PRM-00077." This
memo outlined answers to a "Request for Legal Services" regarding the affect of
the Stewardship credits on appraised values and the Restoration Requirements
upon transfer ofthe land, etc.
Alex SuIecki stated that the Environmental Advisory Council approved the
request for re-designation on March 6, 2008.
Speakers
Nancy Payton, Florida Wildlife Federation noted that if the application is
withdrawn the applicant should get a partial refund of the fees paid, as Staff has
completed work in association with the application. Further, she questioned the
merits of re-doing the Phase 11 Environmental Assessment when one is available
from 1995. She outlined a basic concern that the application was not known
about "up front".
The Committee noted the importance of conducting an updated Assessment as
new issues may have arisen since 1995. It was further noted that utilizing the
1995 Report will provide a baseline document reducing possible costs associated
with the updated Assessment.
Tom Taylor, Pepper Ranch landowner representative, noted that he was not
aware of the Environmental Assessment completed in 1995 and requested a copy
of the Report. If the application becomes a significant issue he will withdraw the
application. It was submitted in April of 2006, well before the issue of the lands
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March Ii eo, 1 A
becoming available to Conservation Collier. He requested the property be
appraised with and the re-designating of these lands. It is estimated it will take 6-
7 more months to complete this re-designation process.
Nicole Ryan, Conservancy of Southwest Florida stated that the key question is
how the re-designation will affect the value of the property. It is their opinion that
this re-designation will not affect the property appraisal as it places further
restrictions on the land. She recommended that the application form for
Conservation Collier be updated requesting all disclosures of any applications,
issued permits, Comprehensive Plan amendments, etc. She requested that the
Committee proceed with the acquisition of the property and that the applicant
withdraw the application for the GMP amendment if it negatively affects the
appraised value for Conservation Collier.
The Committee noted that Noah Strandridge requested an "expedited review" on
the application.
David Weeks, Planning Manager stated that this expedited review request was
related to a timing issue in meeting the hearing requirements within the Growth
Management Plan process, not for any preference for the application. On a
procedural note, the application may be withdrawn at any time up to the adoption
by the Board of County Commissioners. For clarification, the Open Lands
designation allows this property to become a Rural Lands Receiving Area. The
Habitat Stewardship area does not allow the lands to be a Receiving Area.
Ms. W olok noted the designation of Habitat Sending Area meets the goals of
Conservation Collier and would not make sense to request the applicant withdraw
the application at this point.
Mr. Pires noted that the importance of the Committee is receiving all facts
associated with proposed property acquisitions.
Chairman Poteet noted the importance of facts brought forward. At this point,
the appraisal and the Phase II assessment are needed to move forward on the
application. It is the request of the Committee to obtain appraisals with and
without the re-designation of the lands from Open Lands to Habitat Stewardship
Area.
Cindy Erb of Real Property Management will forward this request to the
necessary parties.
C. Contracts
1. Winchester Head
Alex Sulecki noted that two parcels will close today with 17 parcels under
contract. There are no Contracts for presentation today.
VII. New Business
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March 10,2008
A. Discussion of acceptance of lands under the TDR program, including North
Belle Meade
Mr. Delate disclosed his conflict with this issue, as he is a Consultant on the
Mocking Bird Crossing property.
Alex Sulecki presented the Executive Summary dated March 10,2008 regarding
this item as well as Resolution No. 2008- "Resolution of the Collier County Board
of Commissioners Approving A Policy For Acceptance of Land Conveyances by
the Conservation Collier Land Acquisition Program in the Transfer of
Development Rights (TDR) Program for the Rural Fringe Mixed use District
(RFMUD); Providing For An Effective Date" for review by the Committee. The
proposal outlines the concept of Conservation Collier accepting lands under the
Transfer of Development Rights Program.
Mr. Kriz who is Chairman of the Ordinance and Policy Subcommittee noted that
these are a worst case multi-parcel scenario as they are scattered with no physical
or public access. Management would be difficult and may require a joint
agreement with other Agencies. Another possible option is acquiring of the
properties and holding them until the Management issues are resolved. These
issues need to be presented to the Board of County Commissioners.
Mr. Pires noted that the issue of scattered lands is problematic and that
Community Development Districts are a possible solution to owning, controlling
and managing these types of properties.
Speakers
Dennis Vasey of the Collier Soil and Water Conservation District noted that
these parcels require preparation of Restoration Management Plans and may have
significant costs depending upon the level of restoration. These lands are already
protected with easements and Conservation Collier should be identifying lands
that are not currently protected. Acquiring these lands may come at a future
burden to the taxpayer in Management, Restoration and Maintenance. This is
possibly the case with the lands currently acquired by Conservation Collier.
Brad Cornell, Collier County Audubon Society stated that this acquisition of
lands will not be a future tax burden and will benefit the County. The donation of
these lands comes with adequate management funding into perpetuity. The
Society supports the recommendation of acquiring these parcels. It is important
to ensure the endowment for the Management is adequate. There are other land
holdings available for future dedication that may intlll and aid in consolidating
these "scattered parcels." Another option is deeding the parcels to a Community
Development District with an inter-local agreement for management
responsibilities. A final option is for Conservation Collier to hold the lands until
another Agency acquires them.
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March 10,2008
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Nicole Ryan, Conservancy of Southwest Florida expressed support for
acquiring these types of parcels by conveyance to Conservation Collier. She
noted that this comes at no acquisition cost to the program, as program funding
decreases, this is a shift in the program that should be considered. Conveyance
should be tied to management funds and an overall Management Plan Process
should be considered for "scattered parcels."
Nancy Payton, Florida Wildlife Federation endorsed the comments of Brad
Cornell and Nicole Ryan. This proposal would encourage other landholders with
similar properties to come forward to aid in filling these "scattered parcels."
Mr. Pires noted that the cost of Restoration or Management Plans be borne by the
parties in the TDR program and that in Section 11, item (G) of the resolution, it
should be stated that a Phase 11 Environmental Assessment may be required.
Chairman Poteet stated there is frustration within the process and it seems like a
logical avenue for resolving the issue is Conservation Collier. The Committees'
issue with multi parcel properties in the past has been purchasing them as opposed
to managing them. Conservation Collier's policy also incorporates Public Access
requirements which are important in this issue.
Alex Sulecki noted that she will add the Phase II language to item (G) of the
resolution.
Mr. Espinar motioned to approve the Executive Summary and proposed
Resolution. Second by Mr. Kriz.
Jennifer Belpedio, Assistant County Attorney determined that Mr. Delate did
not have a conflict of interest as the issue is a client owning property within the
Receiving area.
The motion carried unanimously 8-0.
B. New Cycle 6 Applications
Devisse Euclid Avenue - This property was placed on the Cycle 5 "C list" by the
Board of County Commissioners.
Mrs. Devisse has re-nominated the parcel for Cycle 6.
Sneakers
Mrs. Devisse addressed the Board noting neighborhood concern has centered on
the possible construction of a public road to access the property which abuts the
Delasol development. She noted that there is currently an unpaved road that
accesses the parcel and a paved road would be an expensive proposition.
The Committee noted that status ofthe right-of-way at the north end of Euclid
Ave. should be investigated to determine if there is any area available for parking.
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March lOk~ I
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Jim Culkar, President, DeIasol HOA noted that the Delasol Development
surrounds this parcel and they previously requested that if the parcel is
considered, that it be limited to pedestrian access and development on the South
half of the parcel only. They will oppose the acquisition of the parcel if these two
requirements are not met.
Chairman Poteet noted the issue in front of the Committee today is to place this
in Cycle 6 and move the application forward, not .'acquire" the parcel.
Mr. Delate stated that the Devisse's were a client of his employer. He was not
involved in the consultations of any of the properties.
Mr. Espinar stated that he was the Environmental Consultant on the Delasol Park
proposed by the County.
Jennifer Belpedio, Assistant County Attorney determined no conflicts of
interest exist.
Ms. WoIok noted that the Devisse's were a client of hers, but a previous
determination noted no conflict of interest.
Ms. Wolok moved to move the property forward based on new cooperation
between the landowner and Delasol Homeowners Association. Second by Mr.
Delate.
Chairman Poteet noted concern over the public access issue with the property as
well as the requested stipulations that have been voiced by the Homeowners
Association. He will vote against the motion.
Mr. Kriz noted he could not support acquiring the parcel based on concerns over
the possible stipulations raised by the Homeowners Association.
Mr. Espinar noted concern regarding limiting any improvements to the southern
half of the parcel.
Mr. Jenkins noted concern over the possible stipulations raised by the
Homeowners Association and with this consideration would not be a wise use of
funds.
Motion carried 5-3. Chairman Poteet, Mr. Kriz and Mr. Jenkins voted "no."
Devisse (Rivers Road) & Pal!anes (Rivers Road)
Alex SuIecki provided an overview of these properties noting that there is some
debris on the Devisse parcel that will be removed by the landowner. Also the
Paganes parcel does have a 3 story log home located on the property.
Mr. Kriz moved to move the Devisse parcel forward to the acquisition Cycle.
Second by Mr. Pires. Carried unanimously 8-0.
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March 10, 2!OP I
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Speaker
Richard Paganes addressed the Committee stating the residence area is limited to
approximately V. acre and he has been removing the exotics from the site. The
property is accessed from Rivers Road.
Mr. Delate moved to evaluate this property. Second by Mr. Pires. Carried
unanimously 8-0.
Paton parcel - Danford St. Bavview Lots 39-46
Alex Sulecki provided an overview of the application noting that Staff had
reviewed this parcel in 2006. It meets the criteria of Conservation Collier as it has
public access and vegetated with Mangroves. The property to the north is a
preserve area of Winds tar. The property to the West is owned by Collier County.
Ms. WoIok noted this property is not threatened by development and given its
location (close proximity to Bayview Park) would be better suited for Parks and
Recreation acquisition.
Chairman Poteet noted the favorable aspect ofthis parcel as it is one of the few
properties located in an urban area.
Ms. Wolok moved to "not" move this property forward. Second by Mr. Delate.
Motion carried 7-1. Chairman Poteet voted "no."
LeIv-Barefoot Beach
Melissa Hennig provided an overview noting that it is proposed for conveyance
to Conservation Collier as it owned to Collier County. It is 80 acres, mainly
Mangroves and accessed by the public via Barefoot Beach Blvd.
Alex SuIecki noted it is located within a PUD and no parking area could be
developed for the site.
Mr. Kriz noted that Conservation Collier will just provide a Management
responsibility and no real benefit to the program and opposes the conveyance to
the program.
Speaker
Nicole Ryan, Conservancy of Southwest Florida stated that this parcel is
considered "homeless" for management purposes and is currently encumbered by
a conservation easement with no threat of development. She recommends that
based on its location, (close proximity to Barefoot Beach Preserve) the
conveyance and management of the parcel would be more suited to the Parks and
Recreations Department
Mr. Kriz moved to "not" move this property forward. Second by Mr. Delate.
Carried unanimously 8-0.
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March 10, 2008
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C. Preserve Management Update (Melissa Hennig)
Melissa Hennig presented a Power Point presentation outlining the status of
Management activities on the parcels controlled by Conservation Collier. In
summary $75 in FY'04 and $748,000 from FY'05 to present has been expended
in the area of Management activities. Grants have been received in the amount of
$173,800 for these expenditures.
D. Change to Conservation Collier application
Alex Sulecki presented a revised "Conservation Collier Land Acquisition
Program Application Form" for review by the Committee. A new item, (#9),
requests descriptions of application submitted to any Local, State or Federal
governments.
The Committee recommended in addition to the new item, a standard Real Estate
Sellers Disclosure form be incorporated as an attachment to the application. This
would assist in identifying any hazardous materials known on the site, past or
pending litigations or enforcement actions, etc.
E. Outstanding Advisory Committee Member Program
Will Kriz will be recognized as an outstanding Advisory Committee Member for
February 2008 at the March 11,2008 Board of County Commissioners Meeting.
F. Coordinator Communications
Alex Sulecki provided a proposed parking permit for Advisory Board members.
The signs in the parking area will be revised and any violators are to be reported
to the Security desk.
VIII. Subcommittee memberships
Outreach - Mr. Pires, Mr. Poteet, Ms. Wolok and Mr. Curl were appointed to this
Subcommittee
Lands Evaluation and Management - It was indicated that Mr. Kacer (who was
absent from today's meeting) chairs the Subcommittee and would continue to do so.
In addition, Mr. Delate, Mr. Espinar and Mr. Jenkins were appointed to this
Subcommittee.
Ordinance Policy and Procedures - Mr. Kriz, Mr. Curl, Mr. Poteet, and Ms. Wolok
were appointed to this Subcommittee.
IX. Subcommittee Meeting Reports
A. Outreach - Tony Pires, Chair
None
B. Lands Evaluation and Management - Kevin Kacer, Chair
None
C. Ordinance Policy and Procedures - Will Kriz
None
X. Chair Committee Member Comments
None
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March 10, 2008
XI. Public General Comments
None
XII. Staff Comments
Alex Sulecki noted a Report prepared by a college student entitled "Local Land
Conservation Efforts, A study of Selected County Programs in the United States."
Any member interested in a copy should contact her.
Alex Sulecki stated that the Soil and Water Conservation District inter-local
agreement will be discussed by the Lands Evaluation and Management
Subcommittee.
There being no further business for the good of the County, the meeting was
adjourned by order ofthe chair at 11:33 A.M.
Conservation Collier Land Acquisition Advisory
Committee
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These minutes approved by the Board/Committee on
as presented or as amended v' .
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Co~T County
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Memorandum
Date:
Sue Filson, Executive Manager, Board of County commissionerJ_;r;:>
Alexandra Sulecki, Conservation Collier Program coordinato(~
April 16, 2008
To:
From:
Subject:
Transmittal of approved signed Minutes from the March 10,2008
Conservation Collier Land Acquisition Advisory Committee Meeting
Please find attached the following:
. Approved, signed Minutes from the March 10,2008 Conservation Collier
Land Acquisition Advisory Committee Meeting
Please call me at 252-2961 if you have questions.
Environmental Services Department
Community Development & Environmental Services Division
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RQf-1rd of County Commissionerc:;
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMlnEE
2885 Horseshoe Drive South
Naples, FI 34104
March 20, 2008
AGENDA
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes: February 21, 2008
V. Landscape Maintenance Report - ClM
VI. landscape Architect's Report - Michael McGee
A. Doral Survey re-guarding Fence I new fence design with cost estimates
VII. Budget Report
A. Budget Committee -Caroline Soto & Bob Cole
VIII. Transportation Operations Report
A. Project Manager's Report - Darryl Richard
B. Report re meeting with owner of Doral corner lot I re fence options
C. Report from ROW re fence & Impact on line of sight
IX. Housekeeping Items
A. Rip rap repair on St. Andrew Blvd. near Cypress Gate Condominiums
B. Status of repairs to Front entry
X. Committee Reports
XI. Old Business
A. Future Beautification Project List
B. Grant Application
XII. New Business
XIII. Public Comments
XIV. Adjournment
Misc. Cones:
The next meeting is scheduled for April 17, 20084:00 p.m.
Collier County Transportation Building/East Conference Room
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161 lA
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMITTEE
2885 Horseshoe Drive South
Naples, FI 34104
February 21, 2008
Summary of Minutes and Motions
III. Approval of Agenda
Add: IX. E. Solar Light repair on Forest Hills
Remove: XI. C. Damage to rip-rap placed on drainage canal bank by
Cypress Lake
Add: XI. C. Replacement of plants killed by frost
Robert Cole moved to approve the Agenda as amended. Second by
Tony Branco. Motion carried unanimously 5-0.
IV. Approval of Minutes: January 17, 2008
Change: Pg. 4 XI. A. Motion was amended to read Robert Slebodnik
moved to continue with replacement of "Carpentaria with" Foxtail
"Palms" on Forest Hills Blvd. & Pebble Beach Blvd. "at the
replacement" cost "specified" in the Maintenance Agreement.
Tony Branco moved to approve the January 17, 2008 Minutes as
amended. Second by David Larson. Motion carried unanimously
5-0.
VII. Budget Report
A. Budget Committee - Caroline Soto - Bob Cole
Darryl Richard reviewed quotes from elM for Pebble Beach and
Forest Hills (combined total of $37,224.85.) It was determined that
a Transfer of Funds would be required.
Discussions ensued and Line Item 22 Sprinkler Maintenance
($12,688.00) negative balance was questioned. It was agreed that
positive numbers should be reflected in the Budget.
Bob Cole approved to move $30,000 from Capital Outlay -
$15,000 to Sprinkler Maintenance and $15,000 Landscape
Incidentals. Second by Robert S/ebodnik. Motion carried
unanimously 5-0.
VIII. Housekeeping Items
A. Front entry Flag replacement - Tessie Sillery submitted a quote for
2 American and 2 Florida State FlaQs from United States FlaQ Store for
Tony Branco moved to order 2 flags of each (American !n9 I 1 A
Florida State) for the front entrance in the amount of $182.50.
Second by Robert Cole. Motion carried unanimously 5-0.
XI. Old Business
E. Replacement of Plants killed by Frost - It was reported some Crown
of Thorns have recovered. It was noted that the Frost danger has
passed and it was suggested to proceed with replacing the plants that
have not recovered.
Robert S/ebodnik moved to approve CLM replace the Plants that
needed to be replaced at contract cost per Plant and Labor cost
and start replacement around March 1, (2008.) Second by
Kathleen Dammert. Motion carried unanimously 5-0.
161 1 A
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMITTEE
2885 Horseshoe Drive South
Naples, FI 34104
February 21, 2008
Minutes
I. The meeting was called to order by Bob Slebodnik at 4:00 PM.
II. Attendance:
Members: Tony Branco, Robert Cole, Kathleen Dammert, David Larson,
Robert Slebodnik
County: Darryl Richard - Project Manager, Tessie Sillery - Operations
Coordinator, Caroline Soto - Budget Analyst
Others: Mike McGee - McGee & Associates, Jim Fritchey - Commercial
Land Maintenance, Darlene Lafferty - Mancan
III. Approval of Agenda
Add: IX. E. Solar Light repair on Forest Hills
Remove: XI. C. Damage to rip-rap placed on drainage canal bank by
Cypress Lake
Add: XI. C. Replacement of plants killed by frost
Robert Cole moved to approve the Agenda as amended. Second by
Tony Branco. Motion carried unanimously 5-0.
IV. Approval of Minutes: January 17, 2008
Change: Pg. 4 XI. A. Motion was amended to read Robert Slebodnik
moved to continue with replacement of "Carpentaria with" Foxtail
"Palms" on Forest Hills Blvd. & Pebble Beach Blvd. "at the
replacement" cost "specified" in the Maintenance Agreement.
Tony Branco moved to approve the January 17, 2008 Minutes as
amended. Second by David Larson. Motion carried unanimously
5-0.
V. landscape Maintenance Report - ClM Jim Fritchey reported:
. Initiation of Pebble Beach Palm Tree change outs this week
. Added Bougainvillea to the Cul-de-sacs
. Holly Trees were pruned
VI. landscape Architect's Report - Michael McGee reported Zanadu
replacement is required at the Pebble Beach cart crossing.
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A. Doral Survey re-guarding Fence I new fence design with cost
estimates Doral Survey - Darryl Richard reported the drawings are
under review by ROW. He stated that remaining Site Window and Line
of Sight questions require a response from ROW. He anticipated that
quotes would be submitted at the March 20, 2008 meeting.
Discussions ensued and it was noted the Plans require review from the
following Departments before approval is granted:
. Traffic Operations
. Transportation Engineering
. Road and Bridge
. Storm Water
. ROW
. ATM
It was stated that a (Site) Variance to install the Fence outside of the
Homeowners property was probable.
It was agreed that the Homeowner should be informed (of the Fence
installation.)
Robert Slebodnik questioned if the Project would be completed by
September 2008.
Darryl Richard reviewed the Project schedule and noted if required to
go before the Board of County Commissioners the scheduled
completion date is October 1, 2008.
VII. Budget Report
A. Budget Committee - Caroline Soto - Bob Cole
Budget Report was distributed and reviewed. (See attached)
. Budgeted Operating Expense $216,850.00
. Available Improvements General $201,500.00
. Reported an error on Line 17 landscape Incidentals Available-
The $192.90 (for the Accident) was entered twice and will be
corrected
Darryl Richard reviewed quotes from ClM for Pebble Beach and
Forest Hills (combined total of $37,224.85.)
It was noted $31,893.37 was remaining on the Purchase Order and
a Transfer of Funds would be required.
Discussions ensued and Line Item 22 Sprinkler Maintenance
($12,688.00) negative balance was questioned.
It was agreed that positive numbers should be reflected in the
Budget.
Bob Cole approved to move $30,000 from Capital Outlay -
$15,000 to Sprinkler Maintenance and $15,000 Landscape
Incidentals. Second by Robert S/ebodnik. Motion carried
unanimously 5-0.
Darryl Richard announced that the Budget for FY09 should be
drafted by the end of February 2008.
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VIII. Transportation Operations Report
A. Project Manager's Report - Darryl Richard distributed and reviewed
(See attached):
~ (l-39) Irrigation Refurbishment Project - reported
i. Project is underway
ii. ClM received Materials that were delivered by AG-TRONIX
iii. It was noted the DC cabinet is on back order
~ (l-34) ClM Contract expires 9-08 - Will be out for Bid soon
Robert Slebodnik reiterated the following stipulations be included
in the Contract:
1. In-house Irrigation Services
2. In-house Pest Control Services
B. Report Re meeting with owner of Doral Comer lot I re fence
options - Previously discussed VI. A.
C. Report from ROW re fence & impact on line of sight - Previously
discussed VI. A.
IX. Housekeeping Items
A. Rip rap repair on Sl Andrews Blvd. near Cypress lake
Condominiums - Robert Slebodnik reported the underground tubes
located on St Andrews are 40 years old and collapsing. He announced
the County will conduct the repairs at an estimated cost of $200,000.00
and should be completed prior to rainy season.
B. Status of repairs to the Front entry - Robert Slebodnik reported a
meeting with Darryl Richard and Mark Bercham. The recommendation
was made for ClM to complete the repairs. An Estimate from ClM will
be presented to Kent Technologies in the "approximate" amount of
$3,100.00 for the repairs. The repairs will include re-soding and re-
grading which will be consistent with the First Florida Bank across the
street.
C. Front entry Flag replacement - Tessie Sillery reported the Flags
were installed by the County. A quote was submitted for 2 American
and 2 Florida State Flags from United States Flag Store for surplus.
Tony Branco moved to order 2 flags of each (American and
Florida State) for the front entrance in the amount of $182.50.
Second by Robert Cole. Motion carried unanimously 5-0.
D. lely Golf Estates Annual meeting on February 21, 2008 at 7:00
P.M. at the Royal Palm Country Club - Robert Slebodnik
announced the scheduled meeting.
E. Solar light repair on Forest Hills - Tony Branco reviewed sections
of the Solar Light Manual from Kent Technologies and stated he could
not locate a Warranty date. He stated the possible source for the
inoperable Light could be the Bulb or the Fuse.
Discussions ensued and perceived that the Bulb Warranty Period was
valid for 5 years. It was determined the Light was installed 2 years
prior.
Robert Slebodnik questioned if a Work Order was requested for the
inoperable Light on St Andrews.
3
--r
161
lA
Darryl Richard replied that there was a Contractor change to
Southern Services for Lighting Maintenance and a Work Order has not
been issued.
Tessie Sillery will request a Work Order.
It was agreed that Kent Technologies would be contacted for the Solar
Light repair.
It was suggested that the MSTU maintain the Solar Light. It was noted
there is an additional (decorative) Lamp Pole in storage with a Lamp
that could be utilized.
X. Committee Reports - None
XI. Old Business
A. Future Beautification Projects - On Hold
B. Vehicle Accident Report at front entry on 9-20-07 at 3:30 P.M. -
Tessie Sillery reported the paperwork was submitted in the amount of
$155.31
C. Damage to rip-rap placed on drainage canal bank by Cypress
Lake Condominium - Previously discussed IX. A.
D. Grant Application - Darryl Richard reported no information is
available at this time.
Robert Slebodnik inquired if assistance would be available for the
drafting of the Grant
Discussions ensued. Darryl Richard stated that a rough draft
Application would be presented at the March 20, 2008 meeting.
E. Replacement of Plants killed by Frost - It was reported some Crown
of Thorns have recovered. It was noted that the Frost danger has
passed and it was suggested to proceed with replacing the Plants that
have not recovered.
Robert S/ebodnik moved to approve CLM replace the Plants that
needed to be replaced at contract cost per Plant and Labor cost
and start replacement around March 1, (2008.) Second by
Kathleen Dammert. Motion carried unanimously 5-0.
XII. New Business - None
XIII. Public Comments - None
XIV. There being no further business to come before the Committee, the
meeting was adjourned by the Chair at 4:56 P.M.
4
Lely Golf Estates Beautification
MSTU Advisory Committee
@d U/~i
Robert Slebodnik, Chairman
These minutes approved by the Committee on ;1 --..) D i"~
as presented or amended X
The next meeting is scheduled for March 20, 2008 4:00 p.m.
Collier County Transportation Building/East Conference Room
2885 Horseshoe Drive South, Naples, FL 34104
5
161
1A
161
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161
1A
II
Commercial Land Maintenance
Full Service Landscape Management
ESTlMA Tib.
E1D01728
3980 Exchange Ave. . Naples, FL 34104
Office: (239) 643-6205 . Fax: (239) 643.5012
E-mail: commland@aol.com
CUSTOMER NO.
BILL TO:
Collier County Dept of Transportation
3301 East TaMaM Trail
Naples, FI34112
lely - 04-3676
162541
lEL Y - FOREST HILLS
11 Supervisor labor 10 remove (11) Carpentaria with roolball, ba kfill 57_64 979.88
holes and dispose of debris. (This estimate does nol include
damage to existing planl materiallhat may have 10 be replac d)
28 Regular labor 10 assist. 38.81 1,086.68
1 County Dumping Fees for materials removed from sile. 250.00 250.00
8 Hourly Rate for Bobcat 873 including operator. 92_24 737.92
1 Reimbursement for (6 yards of fill) materials purchased (cost + 200.00 200.00
50%)
4 Purchase and install Crape Myrtle, 45- gallon 388.01 1,552.04
(Foxtail Palm, 3D-gallon)
4 Purchase and install Live Oak, 45-gallon 498.87 1,995.48
(Foxtail Palm, 45-gallon)
4 Purchase and install Foxtail Palm. 65-gallon 720.58 2,882.32
TOTAL
THANK YOU! WE APPiIft{;;.ItTE YOUR BUSINESS
PLEASE NOTE PAYMENTWRMS ON REVERSE SIDE
1.5% WIll BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID
16/ 1A
II
Commercial Land Maintenance
Full Service Landscape Management
ESTlMA TIio.
E1001728
3980 Exchange Ave. . Naples, FL 34104
Office: (239) 643.6205 . Fax: (239) 643-5012
c-rnall: commland@aol.com
CUSTOMER NO.
BILL TO:
Collier County Dept of Transportation
3301 East Tamiami Trail
Naples, FI34112
lely - 04-3818
162541
Irrig8lion Technician Supervisor Labor to install one bubbler
each new palm and adjust existing irrig8lion and test system
2
Irrig8lion Technician Labor to assist
38.81
71.62
TOTAL
$9,877.22
THANK YOU! WE APPMCl4TE YOUR BUSINESS
PLEASE NOTE PAYME/Ifi"J'l!tMS ON REVERSE SIDE
1.5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID
161
r~ 1 of2
sillerLt
From:
RichardDarryl
Wednesday, February 20, 2008 9:20 AM
burtchin_m
Sent:
To:
Cc:
sillery_t; RSlebodnik@aol.com; McgeeAssoc@aol.com; rileLm; flagg_d;
commland@aol.com; commlandoffice@aol.com; Jim Fritchey; Maria - ClM
(MJost@CommlandMainl.net); Robert Kindelan (commland@bellsouth.net)
Subject: Estimate for Damage SI. Andrews at US 41 - confirmation payment by Kent Construction
Importance: High
Attachments: 20080220064803653.pdf
Mark,
See attached Commercial land Maintenance Estimate E100748 for damage by contractor.
Please confirm payment by Kent Technologies for the damage. (Confirmation must be written)
Upon confirmation of payment (and receipt of check for damage) the MSTU Maintenance Contractor Commercial
land Maintenance will perform repairs as per attached estimate E100748.
Thank you,
Darryl Richard, RlA, MSTU Project Manager, CAT Project Manager
Collier County
Department of Alternative Transportation Modes
2885 Horseshoe Drive South
Naples, Florida 34104
Telephone: 239-252-5775
Fax: 239-252-6219
Cell: 239-253-9083
darryl richard@colliergov.net
From: Maria Jost [mailto:MJost@CommlandMaint.net]
Sent: Wednesday, February 20, 2008 6:50 AM
To: RichardDarryl; sillery_t
Subject: Kent Construction Damage
Hi Darryl:
Attached is revised estimate E1001748 per Mike McGee's instructions.
Thanks
MJ
Maria Jost
Administrative Assistant
2/21/2008
161 lA
II
Commercial Land Maintenance
Full SelVice Landscape Management
ESTIMA 7BO.
E1001748
3980 Exchange AVe. . Naples, FL 34104
Office; (239) 643-6205 . Fax: (239) 643-5012
E-ma/(: commland@ao/.com
CUSTOMER NO.
BILL TO:
Colli<< County Dept of Transportation
3301 East Tamiami Trail
Naples, FI34112
Lely - 04-3616
162041
LEL Y ST. ANDREWS BOULEVARD AND US-41 EAST
REVISED 02-19-08 PER MIKE MCGEE
Kent Construction Damage
2 Supervisor labor to prep and regrade area to replace sod 51.64 115.28
damaged by third parly.
4 Regular labor to assist. 38.31 155.24
1 Hourly Rate for Bobcat 813 including operator. 94.24 94.24
5 Purchase and Install Floratam: Sand Grown (per 400 sq_ll. 443.44 2,217 .20
pallel)
-
1 County Dumping Fees for materials removed from site. 80_00 80_00
1 Reimbursement for (one yard of fill) materials purchased (co t + 30.00 30.00
50%)
4.5 Irrigation Technician Supervisor labor 10 adjust existing irrig lion 57.64 259.33
and Test system.
4.5 Irrigation Technician Labor to assist. 38.81 174.65
TOTAL
THANK YOU' WE AP:!~I~TE YOUR BUSINESS
PLEASE NOTE PAYME RMS ON REVERSE SIDE
1.5% WILL BE ADDED MONTHLY TO AU INVOICES OVER 30 DAYS UNTIL PAID
16l
1A
-
Commercial Land Maintenance
Full Service Landscape Management
ESTlMA 1llO.
E1001748
3980 Exchange Ave. . Naples, FL 34104
Office: (239) 643-6205 . Fax: (239) 643-5012
E-maJ/: commJand@ao/.com
CUSTOMER NO.
BILL TO:
Colliel" County Dept of Transportation
3301 East Tamiami Trail
Naples, fl34112
lely - 04-3676
162641
1
Reimbursement for (6 new irrigation pop -ups) materials
purchased (cost + 50%)
48.00
48.00
TOTAL
$3,173.99
THANK YOU' WE APPRECIATE YOUR BUSINESS
PLEASE NOTE PAYME~IiMS ON REVERSE SIDE
1.5% WIU BE ADDED MONTHLY TO AU INVOICES OVER 30 DAYS UNTIL PAID
161 1A
II
Commercial Land Maintenance
Full SelVice Landscape Management
3980 Exchange Ave. . Naples, FL 34104
Office: (239) 643.6205 . Fax: (239) 643.5012
E-mail: commland@aol.com
ESTIMA TIio,
E1001729
CUSTOMER NO.
BILL TO:
Colli.. County Dept of Transportation
3301 East Tamiami Trail
Naples, FI34112
LeIy - 04-3616
162541
LEL Y PEBBLE BEACH
38 Supervisor labor 10 remove (33) Carpentaria with roolball, ba kfill 51_64 2,190.32
holes and dispose of debris_ (This estimate does nol include
damage 10 existing plant materiallhat may have 10 be replac d).
14 Regular labor 10 assist. 38.81 2,811_94
1 County Dumping Fees for materials removed from sile. 650_00 650.00
15 Hourly Rate for Bobcat 813 including operator. 94.24 1,413_60
1 Reimbursement for (15 yards offill) malerials purchased (co + 450.00 450_00
50%)
12 Purchase and install Crape Myrtle, 45-gallon 388.D1 4,656_12
(Foxtail Palm, 30-gallon)
12 Purchase and install live Oak, 45-gatlon 498_81 5,986.44
(Foxtail Palm, 45-gallon)
12 Purchase and Install Foxtail Palm, 65-gallon 120.58 8,646.96
TOTAL
THANK YOU! WE APPBf,{;.I+TE YOUR BUSINESS
PLEASE NOTE PAYMEN'r"l't:RMS ON REVERSE SIDE
1.5% WILL BE ADDED MONTHLY TO ALL 1NVOICES OVER 30 DAYS UNTIL PAID
161
1A
II
Commercial Land Maintenance
Full SelVice Landscape Management
ESTlMA r..,.
E1001729
3980 Exchange Ave. . Naples. FL 34104
Office: (239) 643.6205 . Fax: (239) 643.5012
E-mail: commland@aoJ.com
CUSTOMER NO.
BILL TO:
CoIlief" County Dept of T ransportBtion
3301 East Tamlaml Trail
Naples, FI34112
Lety - 04-3676
162541
5
Irrigation Technician Supervisor Labor to install one bubbler
each new palm and adjust existing Irrigation and lest system
57.64
288.20
5
Irrigation Technician Labor to assist
38.81
194.05
TOTAL
$27.347.63
THANK YOU! WE AP:~ffl'~TE YOUR BUSINESS
PLEASE NOTE PAYME KMS ON REVERSE SIDE
1.5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID
161 1A
II
Commercial Land Maintenance
Full Service Landscape Management
3980 Exchange Ave. . Naples, FL 34104
Office: (239) 643.6205 . Fax: (239) 643.5012
E-mail: commland@aol.com
ESTlMA TIil.
E1001729
CUSTOMER NO.
BILL TO:
Collier County Dept of Transportation
3301 East Tamlami Trail
Naples, FI34112
LeIy - 04-3676
162541
LEL Y PEBBLE BEACH
38 Supervisor labor 10 remove (33) Carpentaria wilh roolball, ba kfill 57.64 2,190.32
holes and dispose of debris. (This eslimate does nol include
damage to exisling plant material that may have 10 be replac d).
74 Regular labor to assisl. 38.81 2,871.94
1 County Dumping Fees for materials removed from sile. 650.00 650.00
15 Hourly Rate for Bobcat 873 including operator. 94.24 1,413.60
1 Reimbursement for (15 yards of fill) materials purchased (co + 450.00 450.00
50%)
12 Purchase and inslall Crape Myrtle, 45-gallon 388.01 4,656.12
(FOldail Palm, 3D-gallon)
12 Purchase and install Live Oak, 45-gallon 498.87 5,986.44
(FOldail Palm, 45-gallon)
12 Purchase and Inslall FOldail Palm, 65-gallon 720.58 8,646.96
TOTAL
THANK YOU! WE APPB!f.{;;.IfTE YOUR BUSINESS
PLEASE NOTE PAYMEN'r"'J't;RMS ON REVERSE SIDE
1.5% WILL BE ADDED MONTHLY TO ALLINVOICES OVER 30 DAYS UNTIL PAiD
161
lA
II
Commercial Land Maintenance
Full Service Landscape Management
ESTlMA Tib.
E1001729
3980 Exchange Ave. . Naples, FL 34104
Office: (239) 643-6205 . Fax: (239) 643.5012
E-mail: commland@aoJ.com
CUSTOMER NO.
BILL TO:
Colliel" County Dept of Transportation
3301 East Tamiami Trail
Naples, FI34112
LeIy - 04-3676
162541
Irrigation Technician Supervisor labor to inslall one bubbler
each new palm and adjust existing Irrigation and test system
5
Irrigation Technician labor to assist
38.81
194.05
TOTAL
$27,347.63
THANK YOU' WE AP:~fliI4TE YOUR BUSINESS
PLEASE NOTE PAYME ItMs ON REVERSE SIDE
1.5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTIL PAID
161
1A
February 21, 2008
Prepared by:
Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes
Tessie Sillery, Operations Coordinator, CoJlier County Department of Alternative Transportation Modes
Lely MSTU Project Status
(L-44) : ACTIVE - (PaC: Darryl Richard) Palm Tree Installation Project: E1001729 Pebble Beach for
$27,347.63; and E1001728 Forest Hills for $9,877.22
1-21-08: Staff authorized only Pebble Beach estimate per Committee Chair due to insufficient funds in
"Incidentals" to cover both estimates.
1-21-08: Approval for Forest Hillls is pending Committee action to move monies to "incidentals"
(L-43) : ACTIVE - (Pac: Darryl Richard) - Doral Circle and Rattlesnake Hammock Wall and Landscaping
Conceptual Design
11-7-07: WO # TLO-MA-3614-08-02 - $ 2, 490.00 for this project- WO in process of requesting signatures.
12-4-07: PO Issued and WO approved.
12-20-07: Initial plan review received by Pam Lulich, RLA, plans require revision.
1-7-08: Project is under staff review - pending committee review at their next meeting.
2-6-08: Meeting scheduled to review right of way - regarding the wall.
2-21-08: Official Approval by ROW is pending. As of2-21-08 (3:\0 PM)
(L-41): ACTIVE -(POC: Tessie Sillery}-: - McGee & Assoc. Annual Contract: 04-3614
10-9-07: Committee approved McGees proposal for $8,525.00
10-24-07: Work Order in progress
11-6-07: County staff requested changes in the proposal.
11-9-07: Work Order in progress for signatures
12-4-07: PO Issued and WO approved.
(L-39) - - ACTIVE -{POC: Darryl Richard}: Irrigation Refurbishment Project
9-20-07: Committee requested for Roger Dick - County Irrigation Project Mgr. to attend next meeting.
10-18-07: Requested for estimates per Roger & McGee (team work)
11-7-07: Roger will review and attend the next Le1y Meeting with quotes
]2-10-07: Still reviewing pricing from AGTRONIX.
12-20-07: quote for project by CLM is pending; additional infonnation plans/specifications requested by CLM.
Confinnation of Ag- Tronix quotes by McGee pending.
1-7-08: Quote by CLM pending - McGee coordinating details.
1-17-08: Committee approved CLM Quote - $3,484.68.
1-28-08: PO sent to Agtronix - $12,688.00 total
1-30-08: Pam Lu1ich confirmed committee can not utilize converter and valves.
2-20-08: Agronix order received at Commercial Land Maintenance
1
-~
161
lA
(L-34) _ ACTIVE -(POC: Tessie Sillery); Ongoing Maintenance Contract: Commercial Land Maintenance;
Contract 04-3676 "Lely Golf Estates MSTU Roadway Grounds Maint." To Commercial Land Maintenance, Inc.
_ Bid # 04-3676 - plus 3 renewals. - expires on 9-28-08
10-12-07: New Fiscal Year 07-08 - PO issued and NTP given.
(L-37) - Completed - POC- (Tessie Sillery) : Bench Facing Lake Project
8-17-07: Committee requested for McGee & Commercial Land to go ahead and do the work. Bench with pavers.
8-22-07: Concept drawings due Sept. 20th for the committee.
9-20-07: McGee did not have drawings completed and will submit drawings to next meeting with costs for wall
in order for committee to make decision on other projects.
10-18-08: Committee requested clarification of quote.
10-24-07: Pending CLM revising and Clarifying Quote
11-7-07: Darryl and Jim (CLM) will be meeting on 11-8-07 to review project.
11-14-07: Quote for Bench received - Swartz $ 793.80
11-15-07: Committee approved and bench is on order.
12-14-07: NTP - Swartz Company for Bench
12-20-07: Bench order is pending delivery to CLM.
1-16-08: Bench is on its way, traveling from Pennsylvania. - will be here sometimes next wed.
(L-40) - COMPLETE -{POC: Darryl Richard); - Lift Station Beautification (Baltusrol Course Crossing)
9-20-07: Committee approved up to $3,000 for work to be completed by CLM.
10-16-07: CLM submitted estimate - $ 3,789.30 - over limit committee motioned.
10-18-07: Committee approved quote.
10-18-07: Committee requeste McGee to do design.
11-7-07: Darryl and Jim (CLM) will be meeting on 11-8-07 to review project.
12-10-07: Utilities to address beautification.
(L-42): COMPLETE -- (POC: Darryl Richard) - Rip Rap- by Cypress Lake Condominium
10-16-07: Committee requested Road and Bridge to put rip rap on bank.
12-10-07: Repaired and completed.
(L-36) _ COMPLETE-{POC: Darryl Richard); Doral Entrance Enhancements & WalVFence Project;
Schedule:
7-19-07: Committee approves $5,000.00 for survey of project area. Ball Park Cost provided from McGee
indicates $25,000 Landscaping; $80,000 for wall; and $40,000 for a fence (on top the wall); Total Project is
estimated as: $145,000.00 Committee Chair will contact Lely Civic Association for cost sharing for this project.
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8-16-07: Update: R W A gave estimate for $ 7,900.00 and from staff recommendation for mstu members to make
an amendment to previous motion from $5,000. to $7,900.
8-17-07: Committee requested to cut down on the size of the parameters for the fence to go up and no more than
$5,000 to spend on survey. - Also, looking at County paying (rattlesnake hammock funds) for the maintenance
(Pam Lulich attended meeting and gave other landscape options) wall vs landscaping
8-22-07: Received estimate at $4,900 from RW A and will work order in process.
9-7-07: Rec'd WO from Vendor and in Work Order Process for additional signatures.
9-20-07: Rec'd PO
9-24-07: NTP _ start date 9-24-07 and Completion date: 11-23-07 - PO # 4500084146 - Dated 9-20-07)
WO # RWA-FT-3944-07-0 8 - "Contract 06-3944 Annual Contract For Roadways"
PROJECT SCHEDULE:
(L- 38) COMPLETE - (POC: Darryl Richard); Palm Tree Replacement Project - medians 4 to 10 median
tips
9-20-07: Committee requested CLM to quote project and discuss at next meeting.
10-16-08: CLM submitted estimates for upcoming meeting.
10- 18-07: Committee, staff and Mcgee discussed quotes and requested clarification.
11-7-07: Darryl and Jim (CLM) will be meeting on 11-8-07 to review project.
11-15-07: Project approved by committee and staff - contractor to proceed with annual contract.
1-4-08: Project Completed.
(L-33) _ COMPLETE .(POC: Darryl Richard); Doral Circle Entry Feature Development; Includes installation
of fence along Rattlesnake Hammock Road and adjoining entry features.
5-17-07: Committee votes to commit $2,500 in consulting fees to McGee for project. McGee will bring
recommendations to 6-21-07 regular meeting.
6-15-07: Project Complete
(L-22) - COMPLETE (POC: Darryl Richard): (PROJECT PRIORITY #4 AS PER 11-17-06 MEETING)
Augusta Boulevard at Forest Hill Planting Project -
SCHEDULE:
Lely MSTU: Augusta at Forest Hill - Landscape & Irrigation
PHASE Start - End Date
Committee Approval for Hannula quote 4/19/2007
BCC APPR Not Required (105 K estimate by McGee)
NTP CONST 5/11/2007
60 DAY Substantial Completion 7/11/2007
90 DAY CONST 5/11/2007-8/10/2007
CONST-COMPLETE 8/10/2007
Status: Mike McGee has completed 100% plans for project; Presentation to Golf Course Management resulted in
positive approval for project; Waiting on cost estimate from McGee & Associates.
5-30-06; Drawings dated 7/14/05 received from McGee; - Project will be scheduled for construction after phase II
is completed.
7-18-06: Committee has placed project on hold until phase II completes.
8-22-06: Project is on hold with 100% plans approved by Golf Course and MSTU Committee.
11-16-06: Committee reviewed plans and McGee provided cost estimate of $30,000.00 for total project. MSTU
Commitment for project estimated by McGee as $15,000.00; Committee Action is required to move project
forward.
12-14-06: MSTU Committee selects to include golf cart crossing area into project.
1-17-07: Meeting with Golf Course Superintendent Allan Cooper to review project.
1-18-07: Golf Course Superintendent is reviewing project. Portion of project is outside of ROW. Portion of
project outside of ROW requires Landscape Maintenance Agreement. One (I) Spare valve is available for use by
the MSTU for project.
2-14-07: Request for Quote sent out- deadline March 9th, 2007
3-15-07: Committee to review quotes and select lowest quote.
4-10-07: Hannula is apparent low quote - Committee approval pending for $25,908.81
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4-17-07: Committee approved for Hanula to do the job.
4-30-07: PO Request in process
5-11-07: Notice to Proceed sent to Hannula. Field meeting scheduled for May 22, 2007. Meetings to re-occur
each week on Tuesday's
(L-32)- COMPLETE -(POC: Tessie Sillery); Refurbish entrance sign - damaged by fallen palm at St. Andrews
Sign.
4-17-07: Committee approved for Lykins PO to be opened to repair sign. Committee asked for more information
on deflector plates.
5-17-07: Commitment from Lykins was to be complete by May 11,2007 inspection pending today's drive-
through.
5-17-07: Project Complete
(L-29) ...(;OMPLETE -(POCo Tessie Sillery) - Median Re-Painting By Road & Bridge; As per Committee
Request on 11-16-06 Road & Bridge needs to paint "4" numbers at each median opening.
12-20-06: No action taken by Road & Bridge to date. Road & Bridge contacted pertaining Committee request to
paint curbing.
2-14-07: Painting not done by Road & Bridge
3-15-07: R&B supervisor (Don) will meet with staff to make sure the location of #'s
4-17-07: Meeting with Road & Bridge crew to start project on April 23, 2007 with Don Champlin.
4-30-07: Completed
(L-30) - COMPLETE - (POC: Tessie Sillery) - Flag Pole Pole Maintenance - Committee requested staff to
replace American Flag.
1-17-07: Facilities Maint. will replace flag today
1-18-07: Flags replaced
1-18-07: Committee requested for a different size flag
1-23-07 : Requested quote from Lykins
2-10-07: Single quotes and quotes for two for the committee to approve
2-15-07: Committee requested Tessie purchase flags through internet
3-10-07: State Flag and American Flags purchased (2 of each) $187.00
3-15-07: Flags arrived today...!!!
3-17-07: Flags installed - re-order will be on an as needed basis. County replacement flag is on order.
(L-25) -COMPLETE (POC: Darryl Richard); (PROJECT PRIORITY #3 AS PER 11-17-06 MEETING) Pebble
Beach Blvd. Golf Cart Crossing Area Improvements
10-19-06: Committee directs Committee Chairman Bob Slebodnik to meet with Golf Course to determine if
project is agreeable to Golf Course Management for Construction.
11-17-06: Committee Approved McGee & Associates Concept Based on Foxtail Palm installation. McGee &
Associates to provide one signed and sealed plan and one reproducible not signed and sealed.
12-18-06: Quote for $10,801.94 received from Commercial Land Maintenance.- on hold until see below
12-18-06: Quote from CLM is approved for $10,80 1.94 under terms of annual contract.
1-17-06: Staff notified that existing irrigation is insufficient for project. Alternative solutions under review by
McGee.
2-15-07: Requinnents for project are: (1) need 2 separate valves for irrigation on each side of road; (2) need
confirmation of energized mainline 24 hrs a day; (3) need Golf Course to relocate existing irrigation heads; Bob
Slebodnick will contact Al Cooper and schedule a meeting time for follow-up.
3-14-07: Golf Course installing irrigation - 50% complete
4-10-07: Project Complete
(L-24) -COMPLETE -(POCo Darryl Richard): - (PROJECT PRIORITY #2 AS PER 11-17-06 MEETING)
DORAL CIRCLE LANDSCAPE, IRRlGA nON, AND LIGHTING PROJECT - Need Committee Action for
award of quote
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6-15-06; Quotes received, issues with quotes and discrepancies identified, Committee requested that staffre-quote
project with clarification concerning the discrepancies.
6-27-06: Waiting on quotes.
7-18-06: Need a bi<kab Schedule from McGee & Associates and electrical engineering
8-17-06: Quotes from Annual Contractors for ElectricallnstallationlDesign is pending.
8-21-06: Meeting with Bernie Simmonds to answer questions regarding quote request.
8-21-06: Owner of Kent Technologies Thorn Esch office visit. Thorn receives updated copy of plans.
8-22-06: Quotes from Annual Contractors is pending. Due date is August 29, 2006.
8-31-06: Vendors contacted regarding quote: Kent confirms that they will quote. Simmonds will get back to staff
on 9-1-06.
9-3-06: E.B. Simmonds Electrical quote received for $15,725.00 total electrical installation. Poles By County.
9-5-06; Bid Schedule revised and sent out.
10-19-06: Committee directs staff to obtain additional quotes. E.B. Simmonds quote rejected by Committee.
Request for break-down of each line item from E.B. Simmonds.
10-30-06: E.B. Simmonds request meeting with Mike McGee and Staff to review project and quote.
11-7-06: E.B. Simmonds meets with Liaison Staff and reviews original quote. Project is re-quoted for $10,350.00
Committee Approval Required.
11-16-06: Lumec Sales Representative Ron Steedman confirms quote of$2,500 per light for a total of$5,000.00
Committee Approval Required.
11-17-06: Committee Approved E.B. Simmonds for $10,350.00; Approved $5,000.00 for Lumec; Approved
$6,025.00 for Commercial Land Maintenance or other Contractor (ck with Purchasing).
12-20-06: Light Poles are on order, upon receipt E.B. Simmonds will begin electrical work, followed by
Commercial Land Maintance installation of irrigation and landscaping.
1-17-07 : Light poles are due to be delivered on March 2, 2007 pending. PO Issued to EB Simmonds for
Electrical, PO Issued to CLM for landscape project; After receipt of light poles EB Simmonds will install.
3-9-07: Received Lumec Poles for project
3-14-07: Poles picked up by EB Simmons
3-20-07: Electrical Installation Completed by E.B. Simmonds
4-10-07: Project Completed
(L-32) ~ COMPLETE-(pOC: Darryl Richard); Phase I1I Project: Refurbishment of Median #1 and #2 on St.
Andrews at entrance to Lely off of US 41.
2-9-07: 100% plans received from McGee
2-15-07: CLM confirms quote for $8,734.47 for project.
3-15-07: Project Completed
(L-31) COMPLETE - Coordination with Ted Weiner ~ LMA Agreement
1-13-07: Letter from Ted Weiner - received and forwarded to Scott Teach
2-15-07: No official confirmation received from Weiner that they are baking out ofLMA. Weiner had discussion
with MSTU Committee Chair and requested assistance with Code Enforcement item. No further action is required
on this item.
(L-23) -COMPLETE - (Darryl) - (FDOT) (PROJECT PRIORITY #1 AS PER 11-17-06 MEETING) Lely Phase
II-Landscape and Irrigation; Final I 00% Design Approved by FDOT; Permit received from Bryan Dennis FDOT;
Waiting on Notice to Proceed from FDOT (requires checklist approval): Checklist has been submitted to FDOT
for approval.
5-1-06; FDOT Notice to Proceed is pending. Checklist has been approved.
5-15-06; Notice to proceed still pending, checklist has been approved.
5-30-06; FDOT NTP and drawings delivered to purchasing - pending advertisement from purchasing.
6-5-06: Contract Letting by Purchasing, Bids due by 6-30-06; BCC Approval for 7-25-06 meeting (Novus
Deadline of 7-10-06)
6-12-06: Bids are due June 30, 2006 - bee 7-25-06
6-15-06; Pre-Bid Meeting on June 20, 2006
6-27-06; Addendum #\ - in progress.
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7-18-06; BCC to award bid to Vila & Sons -7-25-06
7-25-06: BCC Approved Vila & Son Contract
8-17-06: Purchasing reports that Vila & Sons is completing paperwork for FOOT portion of contract and will
return it back to Purchasing prior to issue of ContractlPurchase Order.
8-22-06: Vila & Sons to return paperwork to purchasing and anticipate availability for project within 2 weeks.
Signed contract from Purchasing/County Attorney Office is pending. NTP is anticipated on September 5, 2006.
9-1-06: Contract sent to County Attorney Office for signature by Brenda Brilhart.
9-5-06: Conversation with Kay Nell indicates that Colleen Green is assigned to review contract. She suggests a
follow-up call in 48 hours for confIrmation of approval.
9-19-06: Notice to Proceed for Vila & Son; project begins: September 19,2006 with 90 day contract period
ending December 18, 2006.
11-6-06: Vila & Son Pay Application #1 reviewed and rejected due to non-completion of 'Preparation for
Planting' line item. Pay Application will be sent back to contractor for revision.
11-7-06: Revised pay application approved for payment. Project is 57 % completed.
1-17-07: Substantial Completion Inspection: Punch-List Complete for outstanding items. Present were: Philip
Thibeaux, Vila & Son; Darryl Richard, A TM Liaison; and Mike McGee, McGee & Associates; Roger Dick,
Irrigation Project Manager.
2-21-07: ConfIrmation Final Close-out change order is processed (CO #2).
(L-26) - COMPLETE - Order for new Sign - Pebble Beach Median # 19
8-17-06: Lely MSTU Committee requested that Staff have Lykins provide quote for downed sign at median #19
Pebble Beach Drive.
8-31-06: Staff request that Lykins provide quote for issue of PO.
9-8-06: Quote Received, but committee did not approve the amount. - Only to get a quote.
10-9-06: Staff requires Lely MSTU Committee approval for this item in order to proceed.
10-19-06: Committee review of item, Consensus is that item is not an MSTU Project and is the concern of the
Lely Civic Association (HOA). The sign was originally installed by the HOA.
(L-28) - COMPLETE - PEBBLE BEACH OVERPASS PROJECT -Road & Bridge to reconstruct asphalt on
overpass. No confIrmation of schedule from R& B as of today - 3-6-06 and as of 5-15-06
5-30-06; Stormwater Director (Calvert) is working on project estimate and scope. To be complete within 2 weeks.
7-18-06: Jerry Kurtz reports project is not funded this fIscal year and there are no immediate project needs.
8-17 -06: Lely MSTU Committee request review of project and reconsideration for project schedule.
8-18-06: Eugene Calvert sends email indicating that the project is not scheduled/funded by Storm water.
8-22-06: Committee has requested review of previous determination by Stormwater that the project does not
warrant action by Stormwater. A TM Liaison Staff has set up a meeting on August 24, 2006 at I :00 PM to discuss.
8-24-06: Staff meets with Committee Chainnan Bob Slebodnik to review project.
9-1-06: RLS sent to Scott Teach to confIrm that the MSTU can fund 50% of$65,000.00 project; Stormwater
Dept. would fund other 50%.
9-11-06: RLS response by Scott Teach indicates that the MSTU cannot fund the project. Pending Committee
action to cancel project, the project cannot be funded by MSTU funds.
10-19-06: As per County Attorney's review and response project is determined to be a 'non-MSTU' Project and
falls outside of the authorization as per Current MSTU Ordinance.
(L-25) - COMPLETE-Pending Comminee Action - PALM TREE REPLACEMENT - MCGEE
recommendations pending as per committee request. Committee is interested in Foxtail Palms.-
7/18/06: McGee provided quote and committee waiting for phase II before proceeding with project.
8-17-06: McGee formal written proposal is pending.
8-17-06: Staff requests a formal written proposal from McGee & Associates at MSTU Meeting.
8-22-06: Written Proposal from McGee is pending.
9-11-06: Anticipated delivery date 9-30-06
10-19-06: McGee provides cost estimate with recommendations for Committee. Committee Action is required to
proceed with Project.
(L-27) - COMPLETE - Order for new Sign at Entrance Lely MSTU US 41 at St. Andrews; Lykins quote for
$760.00 approved by Committee on July 20, 2006.
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7-24-06: Staff request to purchase for Lykins in the amount of $760.00
8-17-06: Lykins installation of sign pending.
8-22-06: PO issued to Lykins for installation of sign. Installation to be complete by 2nd week Sept.
8-31-06: Proofwill be forwarded to Staff on 9-1-06 for review.
9-7-06; Darryl approved the proof.
9-22-06: Lykins begins installation of sign.
10-1-06: Lykins installation complete
(L-21) COMPLETE - Flag lighting- not working.-
Anticipated completion date - September 30th, 2006
8-17-06: Eb Simmonds contacted for lighting and flagpoles and took care of problem under contract - no fee
charged
10-10-06: Lights reported 100% operational by Committee Chairman
(L-l) - COMPLETE- Spraying of Exotic vegetation at St. Andrews Canal-Travis Gossard contacted regarding
request for re-spraying of exotics.
8-22-06: Danny Dominguez confinns that the re-spraying of the Canal has taken place.
(L -2) - COMPLETE--Painting of Curbs and Yellow Paint at Median Tips
6-15-06; Estimate for work approved minus purchase of material (paint). Staff to obtain material separate to
Commercial Land Maintenance proposal.
6-23-06: Requested Gerald Morris to let us know - R&B painting schedule and paint in stock?
7-6-06: Gerald emailed giving us an update on their painting schedule and asked J.Vliet to respond to us.
7-18-06; Spoke to John Vliet and he stated to make sure to use FDOT standards on paint and not to change
anything. Just repaint.
7-18-06; Will purchase paint at Sherwin Williams and provide to CLM.
7-20-06: Paint and materials dropped off to CLM
8-15-06: CLM perfonning painting, curbs completed, painting of numbers not complete
8-22-06: Project is completed.
(L-3) -COMPLETE -Sign Plantings of Crown of Thorn (Augusta at Forest Hill) - CLM directed to plant crown of
thorn at existing sign on July 20, 2006.
8-14-06: Inspection indicated that plantings had not occurred CLM contacted.
8-22-06: Plantings of Crown of Thorn is completed.
(L-4) COMPLETE- Solar lighting - HOA Project - Augusta Boulevard at Forest Hill Sign Lighting Project- HOA
to fund installation, MSTU to pay for y, of construction cost.
5-15-06: Pending Purchasing approval
5-30-06: Kent Tech is revising their estimate as per contract.
6-12-06: Kent tech has provided requested quote, item being processed by FinancelPurchasing
(L-5) -COMPLETE-Lely Phase 1I- (Electrical & Lighting & Irrigation Controllers): - Construction Cost: EB
Simmonds Cost $23,010.00; Lomec Cost $17,050.00 ($1,550 per pole will poles) ~Total Project $40,060.00.
E.B. Simmonds is complete, FPL to power up Meter-pending.
5-1-06; FPL and EB Simmonds work complete.
(L-6) COMPLETE-Potable Water Meter Removal
(L 7) -COMPLETE-Repair of Asphalt on Forest Hill - COMPLETE; Andy Vanisak, Road & Bridge, perfonned
repairs to the area at no cost to the MSTU; Initial Repair Complete
(L-8) Flag Replacement- COMPLETED-Flag Order for poles at St. Andrews and US 41
6-15-06; as per committee request the flags will be ordered twice a year or "as needed"
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(L-9) -COMPLETE-Lely Phase 1- Complete (311105) - COMPLETED
(L-IO) -COMPLETE-Drainage Project -Pebble Beach Road- Non-MSTU Project
(L-ll) -COMPLETE-Drainage Project -St. Andrews Boulevard-Embankment Cleaning- 100%
(L-12) COMPLETE-Baltusrol Culvert Inlet Clean-Out
5-12-06; Project Competed by Commercial Land Maintenance
(L-13) -COMPLETE-Baltusrol Overpass Asphalt Repair - at the request of the Committee Chairman Road &
Bridge performed the repair.
3-10-06; Project Completed by Road & Bridge
(L-14) -COMPLETE-Baltusrol Tree near lift station; Committee requested staff investigate weather the tree
identified near the existing lift station was the responsibility of the MSTU to maintain as it was severely damaged
by Hurricane Wilma, had been subsequently removed by others, and a huge stump remained.
2-2-06; Investigation by Staff concludes that the tree stump is outside of the Right of way on Baltusrol and that
the tree is either on Golf Course Property or Lot owner at Lot 133 Baltusrol.
(L-15) COMPLETE- "Pinehurst Estates" Sign Area on Baltusrol Landscape Project; Refurbishment Project to
address the non-planted areas around the existing signs for the entrance into Pinehurst Estates-Lely MSTU Area.
5-5-06; Project Completed by Commercial Land Maintenance.
(L-16) COMPLETE-Doral Circle: Pepper Tree Removal
6-1-06; Road & Bridge Contacted concerning the removal of pepper tree within County Right of Way.
6-15-06; Pepper Tree reported removed
(L-l7) -COMPLETE.Doral Circle Sign Lighting Project
3-15-06Project Completed by Kent Technologies under contract with Lely MSTU.
(L-IS) -COMPLETE-Doral Circle Bench Area Refurbishment Project. Committee directed staff to obtain quotes
for Commercial Land Maintenance to pressure clean pavers and apply protective sealant, replace decking on
benches, and reset shrubs in planted beds.
2-10-06; Project reported complete by Commercial Land Maintenance.
(L-19) - On Hold- Phase II Project; Advanced Bench Order and Installation; As per Committee request quote was
requested of Commercial Land Maintenance for the installation of benches to include storage. The order for the
benches was on hold due to the storage issue. As per the Bid Letting on June 5, 2006 and following Pre-Bid
meeting the benches are to be included in the bid for Phase II Project as an alternate.
(L-20) - COMPLETE -FLAG POLE REPLACEMENT-
a. Received Quotes from annual contractors and other vendors. Lykens Sign Tech was low quote. Purchasing
recommended Lykens Sign Tech, committee cancelled project.
b. Committee has requested CLM to demolition existing poles and bases as per annual contract rates not to exceed
$2,500.00 after demolition, quotes will be requested from Sign Companies.
5-1-06; PO issue is pending as per Committee Approval.
5-15-06; Sign Craft received NT? on 5-12-06 and waiting on material order - drawing prepared.- 3 weeks
estimated for poles to be received.
6-12-06: flag poles to arrive within I week. - On site meeting with contract to confirm locations.
6-15-06; Flag poles and all materials received by contractor; Installation to begin upon receipt of Permit from
Collier County Sign Permitting.
6-27-06 : to be installed by June 30'" pending CDS review of construction pad
7-3-06: Flag Poles are up with flags. For 4th of July..!!!!
8
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MAR 2 4 2008
COLLIER COUNTY LIBRARY ADVISORY BOARD
Wednesday, February 27, 2008 - 9:30 a.m.
Headquarters Library
AGENDA
Goard of County Commissioners
Call to order
Approval of Minutes
Literacy Program Report
Report of Officers
Communications
a - Written
b - Personal
Unfinished Business
1. Employee of the Month - Feb '08
2. Golden Gate Library Construction
3. South Regional Library Construction
4. Meeting Room Policies
5. Change LAB Meeting Date for March
New Business
General Considerations
Director's Report
Report of the Friends
Adjournment
Misc, Corres
Date:
item#: /(., L I A 21
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Naples, Florida, January 23,2008
LET IT BE KNOWN that the LIBRAY ADVISORY BOARD met on this date in regular
session at 9:30 a.m. in the Main Library with the following members present:
CHAIR: Doris J. Lewis
VICE-CHAIR: Loretta Murray
Connie 1. Bettinger-Hennink - (arrived at 9:40 a.m.)
Karen Louwsma
ABSENT: Andrew Reiss
ALSO PRESENT: Marilyn Matthes, Library Director
Clyde Craig, Vice-President, FOL
Don Beach, Member, PC Bug Computer Group
Roberta Reiss, Literacy Coordinator
Luz Pietri, Administrative Assistant
APPROVAL OF MINUTES
Mrs. Lewis asked for comments or corrections to the minutes of December 12, 2007.
There being none, Mrs. Murray moved, seconded by Mrs. Louwsma and carried
unanimously, that the minutes be approved as submitted.
Don Beach, a member of the PC Bug Computer Group, was in attendance. He wanted to
know if the meeting room policies would be discussed at this meeting and if there would
be any changes to it. Mrs. Matthes said that the policies would not be discussed at this
time and no changes were expected in the near future.
LITERACY PROGRAM REPORT
Mrs. Reiss reported that the program is in full swing. The Literacy volunteers are pretty
active this year. More condo associations are asking for tutors or have resident tutors
available for their workers. Due to the staff shortages in the Library system, Mrs. Reiss
will be working at the East Naples Branch a couple of Saturdays each month.
COMMUNICATIONS - None
UNFINISHED BUSINESS
The Board reviewed the nominations submitted for selection of the Library's Employee
of the Month. Mrs. Murray moved, seconded by Mrs. Louwsma and carried
unanimously, to select Julia Clark, Public Service Librarian at the Naples Regional for
January 2008.
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In reference to the Golden Gate Library construction, Mrs. Matthes said that it was
moving pretty fast. It's expected to be finished by April of this year. Mrs. Bettinger-
Hennink asked if there was a 'wish list' available. Mrs. Matthes responded that one
would be provided soon.
In reference to the South Regional Library construction, Mrs. Matthes stated that it also
was moving pretty fast. It is expected to be finished by the end of October, maybe earlier.
Mrs. Matthes added that.
In reference to the East Naples and Vanderbilt Branches closing controversy, Mrs.
Matthes stated that due to staff shortages hours of operation at some or all branches might
have to be reduced. No talk of closing any branches as of now. Some services provided
to outside agencies such as the nursing homes, might have to be cut down. Money to buy
books and audio visual materials is still available.
NEW BUSINESS
Mrs. Bettinger-Hennink commented that due to her job duties, she would be coming in
about ten minutes late to the meetings but that she would try to change that.
GENERAL CONSIDERATIONS - None
DIRECTOR'S REPORT
No other subjects to discuss besides the stated above under 'Unfinished Business'.
REPORT OF THE FRIENDS
Mr. Craig stated that the Friends failed to meet their 'million dollar' goal last year, but
are still working on it. They are now considering new programs but no decisions have
been made yet. They are still funding the same programs and services that they have done
in the past.
ADJOURNMENT
There being no further business to come before the Library Advisory Board, Mrs.
Louwsma moved, seconded by Mrs. Bettinger-Hennink and carried unanimously, that the
meeting be adjourned. Time: 10:55 a.m.
APPROVED BY:
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Doris J. Lewis rJ
Chair, Library Advisory Board
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MAR 2 0 2008
MINUTES OF THE MEETING OF THE PARKS AND
RECREATION ADVISORY BOARD
Board of County COmmiSSiOn
Naples, Florida, February 20, 2008
LET IT BE REMEMBERED, that the Parks and Recreation Advisory Board, in
and for the County of Collier, having conducted business herein, met on this date
at 2:00 P.M., at the Immokalee Community Park, 321 N. 1 st Street, Immokalee,
Florida with the following members present:
CHAIRMAN: John P. Ribes
VICE CHAIRMAN: Edward "Ski" Olesky
Frank Donohue
Barbara Buehler (excused)
Paul Nyce
Kerry Geroy
Bart Zino
ALSO PRESENT: Barry Williams, Director, Parks & Recreation
Murdo Smith, Parks and Recreation
Tony Ruberto, Sr. Project Manager
Annie Alvarez, Senior Man. V
Gary McAlpin, Coastal Zone Man. Dir Mt5C C~
1
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February 20, 2008
I. Call to Order
The meeting was called to order at 2:04 PM by Chairman Ribes.
II. Pledge of Allegiance and Invocation
The Pledge of Allegiance was recited and Invocation was held.
ID. Approval of Agenda
Mr. Olesky moved to approve the agenda subject to thefoUowing addition of items:
V. New Business
3) Boat Ramp hours discussion
VI. Old Business
3) Updates by Gary McAlpin, Coastal Zone Management Director
4) Naples Girls Softball
Second by Mr. Donohue. Carried unanimously 5-0.
The Board requested that Ralph Pryor of the Sports Council of Collier County provide an
update of activities at the next meeting.
IV. Approval of January 16,2008 Meeting minutes
Mr. Donohue moved to approve the minutes of the January 16, 1008 minutes subject to
the following co"ection:
In the text of the minutes change "Mr_ Donahue" to "Mr. Donohue"
Second by Mr. Olesky. Carried unanimously 5-0.
V. New Business
1) Directors Highlights - Barry Williams
A. Sun N' Fun Lagoon - The Lagoon has re-opened noting that last year there was a
$85,000 deficit on a $2M budget but this year the budget is expected to be balanced
without any ad-valorum additional funding.
B. Softball Tournaments - The tournaments have been on-going including a co-
sponsored event with Lee County.
C. Diversity Fair - On 2/2/08 Parks and Recreation co-hosted the first annual
"Diversity Fair" with Hodges University.
D. Staff Layoffs - The County layoff involved 17 employees in February. A smaller
budget for Parks and Recreation is anticipated for next year_
2) Update on Beach Parking Fees - Barry Williams
Barry Williams provided an Executive Summary to the Board entitled "Recommend to
To approve Resolution 2009- which supersedes Resolution 2007-33 to
increase the annual, non-resident beach parking pemllt to $50.00" prepared by Barry
Williams. It was noted that the Board of Parks and Recreation approved a
recommendation for an increase in the fees from $30 to $52, however the Office of
Management and Budget provided figures that indicated the Total Cost for Beach
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February 20, 2008
Permits is $49.37. Based on these figures the Executive Summary requested an annual
fee of $50.
Ms. Geroy arrived at 2: 15 PM
3) Hours of Operation, County Boat Ramps
Mr. Donohue has been requested by County Commissioner Tom Henning to have the
Parks and Recreation Board consider recommending opening a County Boat Ramp for
24 hour access for persons fishing at night. Currently the facilities are open dusk to
dawn with gates locked up at some locations, or parking tickets issued after sunset at
other locations.
It was determined that Staff would need to review the various facilities to determine the
feasibility of the hours of operation change and provide a recommendation to the
Board.
VI. Old Business
1) CAPRA Update - Annie Alvarez
Annie Alvarez, Senior Manager, V provided a copy of the Section 9.4 - 9_7 ''Risk
Analysis and Control Approaches" of the CAPRA (Commission for Accreditation for
Park and Recreation Agencies) to the Board for review. It was noted that the Safety
Committee of the County will be responsible for this section. The accreditation process
is on schedule.
2) Adopt a Park Assignments - Board Members
It was noted that not all Board members have submitted their request for Adopt A Park
assignments. Tona Nelson, Sr. Administrative Assistant, will resend the list to any
members that have not submitted the requests.
3) Updates - Gary McAlpin
Gary McAlpin, Coastal Zone Management Director appeared before the Board
providing the following updates:
A) Vanderbilt Pier
. The Pier would be located at the west end of Vanderbilt Beach Road
. The proposal is intended to increase waterfront access with facilities to the
public
. The design is in the preliminary stages and the project is intended to be
Phased, building the Facilities structure first - followed by the Pier
. Proposed length and width - 1,000 feet by 22 feet
. The Facilities structure will contain restrooms, food services, observation
deck and community space, etc.
. Projected estimated cost $8.6M
. Traffic, Parking and Security have been a major consideration in the design
. Based on other approval of Piers within the State, the necessary permits
should be obtainable
. The Pier is intended for Recreational uses with limited fishing, no fish
cleaning stations are proposed
3
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February 20, 2008
Following the presentation a discussion occurred noting the height Facilities
Structure from existing grade to the top of the structure is 30 feet and may be out of
scale with the existing neighborhood. Fish cleaning stations should be considered
such as ones that are connected to the municipal sewer system.
Gary McAlpin noted that this a preliminary proposal with an approximate 3 year
time frame to obtain final permits. He will return to the Board with an update in
April.
B) Manatee Regional Park
Gary McAlpin provided the following update:
. The Master Plan has been completed and scheduled for the March 24, 2008
Board of County Commissioners meeting
. The Survey, Environmental Assessment, etc. have been completed
. Costs and the Layout are being fmalized
. The inter-local agreement between the County and the School Districts for
the Lake has been executed
He noted that he will return to the Parks and Recreation Advisory Board at the
March 19, 2008 meeting seeking a recommendation for the Board of County
Commissioners on how to proceed with the proposal regarding the Concept, Cost
options, Phased approaches, etc.
4) Naples Girls Little League
Jeff Stepamovich of Naples Girls Little League appeared before the Board requesting
that sponsorship signage on outfield fences be permitted at the Veterans Community
Park, Field #1. He noted the League uses a downtown Naples field where the signage
is allowed. The signs utilized at this location are temporary in nature and are 4 feet by
8 feet. They are an important revenue generator for the League.
It was noted because of aesthetic and maintenance concerns, it is policy that no signage
is allowed on County athletic fields. Further it is a possible Code Enforcement issue.
A discussion ensued regarding the feasibility of the policy and that it may be time to
review the policy. The various Leagues have made this request to the Board a number
of times noting that revenue generation is important as costs are escalating for these
youth sports participants.
Mr. Zino nwved to direct staff to re-explore the issue of allowing sponsorship signage
at Youth Sport Athletic Fields in Collier County. Second by Mr. Donohue. Carried
unaninwusly 6-0.
It was noted that Staff should contact the Fleischmann Park Staff to obtain a copy of their
policy as a possible example.
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February 20, 2008
Capital Project Highlights - Tony Ruberto
Tony Ruberto provided a document entitled "Immokalee Capital Projects Update" which
provided updates on South Park, Sports Complex, Community Center and Airport Park.
VII. Recreational Highlights - Annie Alvarez
Immokalee Youth Soccer Program
Manny Touran and Joe Boney appeared before the Board representing the Youth Soccer
programs in Immokalee providing an update in the growth and achievements of the
programs noting that they are interested in forming a partnership with Parks and Recreation
as a co-sponsored organization.
MeI Moore, of the Fort Myers Chapter of Boy Scouts of America noted that "Soccer in
Scouting" is a program targeting the Hispanic population for involvement in the Boy
Scouts and has initiated a program in Immokalee in 2006. The program has been well
received.
Annie Alvarez, Sr. Manager V noted that she is visiting Mexico and is going to research a
possible "sister city" for Immokalee where sports teams would travel back and forth to
compete.
Vlll. Adopt a Park
Mr. Nyce noted that the County should consider volunteer requirements for co-sponsored
organization through the agreement.
Barry Williams noted that the Co-Sponsorship League agreement is currently being
revised and will be brought back in front of the Board. At this point that has not been a
consideration in the agreement. The Department does have a "Volunteer Coordinator" in
place for any individual or organization wishing to volunteer.
IX. Informational Items
Attendance Report
Submitted
BCC Recaps
Submitted
Recreation Activities
Submitted
Adopt a Park Assignments
Submitted
Meeting Schedule
Submitted
X. Public Comments
None
There being no further business for the good of the County, the meeting was adjourned
by order of the Chair at 4:04 PM.
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February 20, 2008
COLLIER COUNTY PARKS & RECREATION
ADVISORY BOARD
Tbese Minutes approved by the Board/Committee on
as presented ~ or as amended_.
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March 19, 2tJeI (It County Commissioners
MINUTES OF THE MEETING OF THE PARKS AND
RECREA nON ADVISORY BOARD
Naples, Florida, March 19,2008
LET IT BE REMEMBERED, that the Parks and Recreation Advisory Board, in
and for the County of Collier, having conducted business herein, met on this date
at 2:00 P.M., at the North Collier Regional Park in the Administration Building in
Naples, Florida, with the following members present:
CHAIRMAN:
VICE CHAIRMAN:
John P. Ribes
Edward "Ski" Olesky
Frank Donohue(excused)
Barbara Buehler
Paul Nyce
Kerry Geroy( excused)
Bart Zino
ALSO PRESENT: Barry Williams, Director, Parks & Recreation
Murdo Smith. Parks and Recreation
Tony Ruberto, Sr. Project Manager
Tona Nelson, Sr. Administrative Assist.
Sidney Kittila, Operations Coord.
Annie Alvarez, Senior Man. V
Shari Ferguson, Regional Manager
Kerry Runyon, Regional Manager
Misc. Corres:
Date:
Item #:
1
Copies to
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March 19,2008
I. Call to Order
The meeting was called to order at 2:04 PM by Chainnan Ribes.
II. Pledge of AlIegianee and Invoeation
The Pledge of Allegiance was recited and Invocation was held.
III. Approval of Agenda
Mr. Olesky moved to approve the agelldo. Second by Mr. Zino.
Carried unanimously 4-0.
IV. Approval of February 20, 2008 Minutes
Mr. Olesky moved to approve the nrin/llJ!S 01 the Februmy 20, 2008 meeting. Second by
Ms. Buehler. Carried unanimously 4-0.
V. New Business
1) Directors Highlights - Barry Williams
Vanderbilt Pier - A neighborhood infonnation meeting was held with approximately
300 people in attendance. Concerns outlined were traffic, parking, affects on the
character of the neighborhood, etc. Gary McAlpin is going to report back to the Board
of County Commissioners for input to detennine the status of the project.
Manatee Park - Several meetings have been conducted with 3CfS, the fmn in
charge of design of the Park. Cost estimates have been received ranging from $6M to
$15M depending on what options are included in construction of the project (inclusion
of the fitness center/daycare center, etc.). It has been noted that staffing this type of a
facility could be an issue and consideration is being given to a partnership with an
organization like the YMCA. The design is awaiting approval by the Board of County
Commissioners. The following step would be pennitting, and then constroction of the
facility with completion estimated in approximately 3 years from this date.
Pullin!! Pnmertv - Discussions have taken place regarding the shifting the $700. 000
Parks and Recreation earmarked to the City of Naples for the development of this
property to the operation of the Fleischmann Park facility.
Delasol Park -The property will be for sale with a minimum bid in the amount for
Parks and Recreation to re-coup any expenditure associated with this project
OHV Park - The temporary OHV (A TV) site has been abandoned due to the Protected
Species Caracara.
2008 Menev Summit - Barry Williams will be attending the Agency Summit on
March 27-28 in Altamonte Springs. This summit is for individuals employed as Chief
Administrators or second in command of Public Parks, Recreation and Leisure Service
Agencies.
2) Presentation of Parks and Reereation January Employee of the Month
2
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March 19,2008
Greg Cartotto was recognized as the Parks and Recreation Department employee of
the month for January 2008.
3) Presentation or Dille Golf - Dale Schwegel
Dale Schwegel was not present Barry Wil1iams will contact him to find out the status
of his request
4) Airport Park - Joe Zaks
Andy Taworoski, President or Northslde Naples Kiwanis appeared before the Board
in the absence of Joe Zaks. He stated that the Kiwanis provides Christmas in
Immokalee at Airport Park. They serve approximately 3500-4500 dinners to migrant
workers on Christmas day and noted outlets and replacement ofbarbeque grates, etc.
are needed for this area of the Park.
The Board noted that Ski Olesky is the Immokalee representative for the Board and
Annie Alvarez is the Senior Manager for this region.
Annie Alvarez stated that the request could be taken care of and were not aware of
those issues.
Andy Taworoski noted that the Department has been extremely responsive to any past
needs and appreciates their support and will be in touch with Ski Olesky and Annie
Alvarez to address any concerns.
5) Yoath Sports Association Co-Sponsor Facility Agreement - Sidney Kittila
Sidney Kittila presented a document entitled "Collier County Parks and Recreation
Department Youth Sports Association Co-Sponsor Facility Agreement" for approval by
the Board. The purpose of the document is to define a Co-Sponsored League and to
assist in establishing the parameters of the relationship between the Leagues and the
Parks and Recreation Department Among other things, the agreement will be utilized
to schedule practice times and game times for the various leagues in an attempt to
provide an equal opportunity for field usage for all parties involved as well as alleviate
possible scheduling conflicts. The Board noted the concept is favorable but the
following points may need to be addressed:
Mr. Nyce arrived at 2:53PM
. The percentage of participants being at least 51 % Collier County Residents
should possibly be raised to 75% or similar number (page 2, paragraph 3item
#5)
. Clarification of the Parks included, Pelican Bay, etc. (page 2, paragraph 6, item
#3)
. The limiting of youth leagues utilization of fields to 3 times a week; this is
possible due to the growing number of Adult Leagues and associated teams
requesting use of the facilities and the possible separation of these users needs
(Page 3-4, item 1)
. Clarification of Board vs. Association meeting (Page 4 paragraph 2, item #2)
. Clarification of the sign or banner policy (page 4-5, item 4,5)
3
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March 19,2008
. Clarification on the maintenance responsibility of facility improvements
provided by a Co-Sponsored League (item #7, page 5)
. Clarification on who is the applicant for waiver forms (page 6 item #14)
. The issue of travel teams falling into the rental category for facilities use and
possible inclusion of these teams into the document
Soeakers
Brian Rodriguez of Naples Youth Soeeer addressed the Board noting they had just
received a copy of the document and requested the item be tabled until their Board of
Directors could review the document and provide input to the Department.
Paul Nick, adult soccer player noted that the County residents are fortunate to have the
quantity and quality of facilities available compared to other jurisdictions. He requested
clarification on the effects of the document on Adult Leagues and requested that adult
soccer organizations be allowed to provide input on the document.
Mr. Zino moved tluIt Staff revisit the document to address the concerns olltlined In the
discussions today (At this meeting). Second by Mr. Olesky. CII1'ried IUIfl11imously 5-0.
6) Adding Lights at Parkslde Elementary Sehool- Barry Williams
The Board reviewed a proposal to provide lights on a green space at Parkside
Elementary School. It was noted the space is not a defined field, but a multi purpose
area that will be open to use for various activities (baseball, kickball, soccer, etc.). The
funds are available to install the lighting however, a discussion ensued on whether there
is a demand for another lighted field in this area as it is in close proximity to Eagle
Lakes Community Park.
A question was asked: if there is no clear demand, should this proposal be postponed
until demand occurs and utilize the funds for other purposes?
It was noted that there has been no specific demand for lighting of this field, however
there is always a need for more lighted fields. If it is postponed until the future it will
become more expensive to complete the installation and if field is lighted now, it will
become utilized immediately under a "build it and they will come philosophy." In
addition, the County will derive revenue for the lighting from the various groups that
will utilize the space.
Mr. Olesky moved to approve the ilfStallation of the lights /IS presented. Second by
Mr. Nyce. CiJrried unfl1Iimous!y 5-0.
VI. Old Business
1) Adopt a Park Asslg"lIlent - Barry Williams and Board Members
It was noted that some Adopt a Park Assignments are still due. Staff will prepare the
assignment list based on the requests submitted and provide it to the members for
review.
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March 19,2008
2) Updated Fee Policy - Barry Williams
The Board reviewed a draft document entitled "Resolution No. 2006-296, 3rd Draft
3/11108" outlining the Collier County Parks and Recreation Department Facilities and
Outdoor Areas License and Fee Policy. It was noted that the document will be
reviewed by the Board (pARAB), then provided to the Productivity Committee for
review, then returned to the Board (pARAB) for their approval and ultimately sent to
the Board of County Commissioners for approval.
Barry Williams reviewed the document page by page. Following the review, the
Board recognized the following items need to be addressed:
. Elimination of Boat Launcb Fees for Golden Gate Community Park and Lake
Trafford Boat Ramp, (page 2, item #5)
. The requirement for a groups memberships to be Collier County residents be
more than 5 I %(page 3 item c)
. Consideration that non profit groups and or Tax Exempt groups, etc. be re
designated to Category II rates (page 2, item B. I)
. Consideration in an increase of the Open Beach Area fee (page 5)
. Re-consideration of the Beach Parking Fee for residents
Mr. Zino moved to direct Staff to present the recommendlltions of tile BotIrd (PARAB) to
the Productivity Commltteefor review and retlU'n tlte document to tlte Board (PARAB)
for final rel1iew. Second by Ms. Buehler. Carried unanimously 5-0.
Mr. Zinoleftat4:30PM
3) CAPRA Update - Kerry Runyon
Kerry Runyon provided the Human Resources Section of the CAPRA (Commission
for Accreditation for Park and Recreation Agencies) to the Board for review.
VII. Capital Project Highlights - Tony Ruberto
Update 00 Oaks Neighborhood Park
Tony Rnberto provided and updated the Oaks Neighborhood Park project.
VIII. Recreational Highlights - Annie Alvarez
CODntry Jam
It was noted that Country Jam was an overall success considering this was the first year for
the event at the new location at the Collier County Fairground. Attendance was down
from last year but this decrease was attributed to the unseasonably cold weather.
IX. Informational Items
Attendance Report
Submitted
BCC Recaps
Submitted
Recreation Aetivities
Submitted
Adopt a Park Assignments
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March 19,2008
Submitted
Meeting Sehedule
Submitted
x. Public Comments
Paul Nyce recommended that for safety of soccer participants (players, officials, coaches,
etc.) Staff develops a requirement for the anchoring of portable soccer goals. This item
will be place on next month's agenda for discussion.
There being no further busin_ for the good of the County, the meeting was adjourned
by order ofthe Chair at 4:40 PM.
COLLIER COUNTY PARKS & RECREATION
ADVISORY BOARD
These Minutes approved by the Board/Committee on
as presented 'I. or as amended_.
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MINUTES
Pelican Bay Services Division
March 5, 2008
Naples, Florida
RECEIVED
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LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date,
March 5, 2008 at 1:00 P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the
following members present:
Mr. Coleman Connell, Chairman
Mr. John Domenie, Vice Chairman (Absent)
Ms. Mary Anne Womble
Mr. Robert Pendergrass
Mr. John Boland
Dr. Ted Raia
Mr. James Burke
Mr. John laizzo
Ms. Annette Alvarez
Mr. Michael Levy
Mr. Edward Staros (Absent)
ALSO PRESENT: Mr. John Petty, Division Administrator, Pelican Bay Services Division; Ms. Janice Lamed,
District Offices, LLC; Ms. Heidi Ashton-Cicko, Assistant Collier County Attorney; Mr. Kyle Lukasz, Field Manager,
Pelican Bay Services Division; Barbara Smith, Recording Secretary Pelican Bay Services Division; Mary
McCaughtry, Pelican Bay Services Division; Mr. Jim Hoppensteadt, Pelican Bay Foundation; and Gregory Court
Reporting Service, Inc.
AGENDA
1.
2.
3.
4.
5.
Introduction and Welcome of New Board Member - Robert Pendergrass
RollCall
Approval of Minutes of the February 6, 2008 Meeting
Audience Participation
Chairman's Report
Water Management Presentation to Men's Coffee
Foundation Incorporation Steering Committee
Foundation Strategic Planning Committee, Mary Anne Womble
Budget Committee
District Offices Contract
District Offices Invoices
Update on Clam Bay Estuary StUdy Group wi Mr. Burke and Mr. Petty
Committee Reports
Clam Bay Committee Report
Included in Chairman's Report
Budget Committee
Included in Chairman's Report
Government Relations
Clam Bay Estuary Study Group - included under Chairman's Report
Administrator's Report
Capital Projects
Median Improvements - Myra Janco Daniels Boulevard
Sidewalk Lighting - Myra Janco Daniels Blvd & Vanderbilt Beach Road
Community Issues
Sidewalk Repairs
Hurricane Charley Storm Damage
Committee Requests
Audience Comments
6.
7.
8.
9.
7216
Misc. COII'es:
Date:
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Pelican Bay Services Division Board
March 5, 2008
10. Adjourn
INTRODUCTION AND WElCOM OF NEW BOARD MEMBER - ROBERT PENDERGRASS
CHAIRMAN CONNELL: The meeting will come to order, please. Before we begin our meeting, we extend a
warm welcome to Robert Pendergrass, who is attending his first meeting. So, Robert, welcome.
MR. PENDERGRASS: Thank you.
CHAIRMAN CONNELL: We look forward to working with you.
MR. PENDERGRASS: Thank you.
CHAIRMAN CONNELL: Mrs. Smith, would you call the roll, please?
ROll CAll
MRS. SMITH: let the record reflect that all members are present with the exception of Mr. Domenie and Mr.
Staros with an excused absence and Mrs. Womble, whom I've not heard from yet today. She may be running late.
APPROVAL OF MINUTES OF THE FEBRUARY 6. 2008 MEETING
CHAIRMAN CONNELL: Thank you. Rule of the minutes of the meeting of February 6, does anyone have
any corrections?
------ ------ - -- - ----------- -- - - ---
Mr. Burlee moved seconded by Dr. Raia and approved unanimously the
Minutes of the February &, 2008 Meeting.
AUDIENCE PARTICIPATION
This is the section of our meeting where the audience has an opportunity to participate with questions or
comments. Does anyone have anything they would like to say?
UNIDENTIFIED SPEAKER: No comment.
CHAIRMAN CONNEll: No comment. That's a good one. All right. Thank you very much.
CHAIRMAN'S REPORT
WATER MANAGEMENT PRESENTATION TO MEN'S COFFEE
CHAIRMAN CONNELL: Then moving right into the agenda and the chairman's report. John Petty speaking
for the Pelican Bay Services Division made a well-received presentation at the Men's Coffee on February the 19th,
7217
Pelican Bay Services Division Board
March 5, 2008
16.
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the subject, Water Management. In short, the system which was designed at the inception of Pelican Bay and it is
still working effectively. Combining visuals with an accompanying description by John, the program not only elicited
many questions, but following the meeting, he had still a group who had even more questions, because as you know,
Joe Adams stops that meeting at 10:00 o'clock promptly. If you'd like to engage the speaker in any way, irs, off
campus.
The good part of this program is that the same program is available for viewing and listening. John has
scripted a voiceover for a stand alone presentation. To the average person Water Management is not at first blush a
very exiting topic, but after seeing and hearing this presentation, the uniqueness and the virtual stand alone system
brings a whole new meaning to the subject. Anyone have any questions conceming that? Yes, ma'am.
MRS. SMITH: Mr. Connell, could you speak more into the microphone. Irs not picking up.
CHAIRMAN CONNELL: I know. Could you turn it up a bit, Kyle? Is that better perhaps? Moving on to the
Foundation Incorporation Steering Committee.
FOUNDATION INCORPORATION STEERING COMMmEE
CHAIRMAN CONNELL: The Steering Committee has no meetings with the exception of critiques of town
hall meetings in an attempt to make them more effective. As regards Dr. Raia's suggestion that the Steering
Committee include at least one person, offering opposing views conceming incorporation, I have received the
following response from Gerhard Seblattnigg, chair of the committee. I will read it verbatim and I'll be happy to make
a copy for you if you'd like. "The Joint Incorporation Steering Committee was appointed and a workshop held by the
boards of the foundations, Pelican Bay Property Owners Association and the Pelican Bay Services Committee. Each
board assigned one or more members to serve on the committee. The committee subsequently invited one member
each from the Pelican Bay Women's League and from the Men's Coffee to attend the meeting as observers. The
charge to the committee was to collect, analyze and communicate infonnation on incorporation to the community. In
order to achieve this goal, the committee held a number of working sessions, consulted with experts and entered into
an agreement with the Florida Gulf Coast University for the preparation of infonnational material. All costs are shared
between the Foundation and the Pelican Bay Property Owners Association. The infonnation is being delivered to the
community in writing, either through a direct mailing or through the post and through a series of eight community
meetings. March issues of the post will carry members pro and con incorporation. Since completion of the material
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Pelican Bay Services Division Board
March 5, 2008
early this year, no additional working sessions have been held by the committee. There were one or two small
sessions to review the early town hall meetings and to discuss possible changes. No additional meetings are
planned. The town hall meetings scheduled for March 18th, 2008 is the last event on the committee's agenda". Does
anyone have any questions concerning that comment from the board, please?
DR. RAIA: Well, I still have a problem with our posnion on that committee. Every time I hear them announce
that n is made up of the three principal organizations, n just infers that we are covertly supporting this, and that I really
don't think that's our position. My position right now, weill guess ifs too late. If they claim they've succeeded in doing
what they want to do, I still think n was ill advised to exclude somebody who was publicly opposed to it. I would like to
just pull out of it right now unless they appoint somebody even at this late date who is opposed to n. That
organization, as far as I'm concerned, and as many others are concerned, has lost its credibility. I realize they're just
presenting information to the public, but n's the source of that information. Ifs how ifs obtained that attacks its
credibility, and if they don't see that, ifs pathetic. I'd like to make a move that we withdraw from that organization.
CHAIRMAN CONNELL: Is there a second?
MR. BURKE: I'll second n.
CHAIRMAN CONNELL: I'll have to say in passing to the best of my knowledge, there will be no further
meetings and, of course, having said that, I would not attend one without first advising this group. But the motion's
been made and seconded.
Motion made by Dr. Raia and seconded by Mr. James Burke to withdraw from
the Foundation Incorporation Steering Committee. Motion failed on a vote of
5 to 4. Those voting against the motion were Mr. (;{)nnei/, Mr. Boland, Mr.
Levy, Mr. lalzzo and Ms. Alvarez.
FOUNDATION STRATEGIC PLANNING COMMmEE - MARY ANNE WOMBLE
MS. WOMBLE: We have just received an e-mail.afinal draft survey, for the residents of Pelican Bay for the
express desire to find out what everybody else desires. So, thafs on the books right now. We're looking at it and we
have a few days to give our suggestions and thoughts, and thafs where we're at today. I have no meeting scheduled
that I'm aware of.
CHAIRMAN CONNELL: Do you have any idea of the breadth of the recommendation?
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MS. WOMBLE: I have a possible survey right in front of me. It's going to go out and it's asking for pretty
much from very satisfied number one to don't know number six. And you choose which one it is for whatever area.
They're discussing it on that page and it's extensive, there are eight, nine pages. I just ran it off. I haven't really had a
chance to look at it because I just got to my computer.
MR. PENDERGRASS: Mary Anne, did you say thafs available to be seen someplace or not yet?
MS. WOMBLE: It is not yet. Ifs the final draft for the Strategic Planning Committee to take a look at, offer
suggestions to, and this is going back to the company thafs working with us.
MR. LEVY: So, this is only going to the Strategic..... the inputs are only going to come from the Strategic
Planning Committee?
MS. WOMBLE: This is just a process paper. They just want us to give an indication of what we see that
might not be on there. Like something else to add to it or a different way to word something. Ifs more of an idea to
find out if there is something better we could be doing when we pass this out to everybody to try to get some
information back.
MR. LEVY: Well, thafs going to go to everybody to ask them...
MS. WOMBLE: Yes. This is just the process. This isn't the - the final. I could hand this to you and say,
hey, tell me what you think. Put down one for very satisfied or six for I don't know... ...
MR. LEVY: But that is whafs going to go to everybody when it's final and the committee is satisfied?
MS. WOMBLE: Yes.
CHAIRMAN CONNELL: Was this drafted by the foundation or by the consultants?
MS. WOMBLE: Consultants. With our input, with the input of all the groups that got together, informal
groups, that were discussing with the consultants issues that they were concemed with, and then they put this all
together. This is what they were hired to do to a great degree. This is mostly what they were hired to do and they
have done it.
MR. PENDERGRASS: Now, this was the $280,000 in the budget, I think thafs part of what that was for.
MS. WOMBLE: That's exactly right. And I really just scanned it, but I can scan pretty well after years of
teaching, and I think it looks pretty damed good. I'll probably come up with something wrong with it though.
MR. PENDERGRASS: As a teacher, you must.
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MS. WOMBLE: You bel. But in all, in order for you all to understand what this is, its just a draft copy of what
they suspect that they will be able to hand out to everybody in this room that is a member of Pelican Bay.
CHAIRMAN CONNELL: I expect, too, that it's somewhat a digest of the information they picked up as they
spoke with any number of people in the community. I don't know how many they talked to.
MS. WOMBLE: They had an enormous amount of groups and an enormous amount of people over a broad
spectrum, and they had the community at large really from all areas of the community going from commercial to
residential to condos to single family home members. And, I had an overview of the people that were met with and it
was extensive. It was a nice group. And, there were many, many groups where people had small enough groups so
they could feel comfortable talking and issuing their feelings and supporting their ideas and talking it over. And
evidently the discussions were really pretty good.
MR. BOLAND: I have a question, Mary Anne. When they do these to put out to the condos, does that go
through the budget board or the policy board or does that just come out of your group or where does that originate
from?
MS. WOMBLE: This? The Strategic Planning Committee.
MR. BOLAND: But is the budget full? Does the budget committee take a look at that?
MS. WOMBLE: From here, this budget committee?
MR. BOLAND: No. From the Foundation.
MS. WOMBLE: Foundation? I believe it was passed by the Foundation. Am I correct, Jim? (Jim
Hoppensteadt nods yes).
MR. BOLAND: And the policy also?
MR. PENDERGRASS: its Merlin League Holders Committee called Strategic Planning or something like
that.
MR. BOLAND: No, but I mean normally when you have stuff that goes through, we try to move these two,
policy looks at it to see if you're changing anything within the bylaws or procedures.
MS. WOMBLE: This isn't changing anything. This committee is simply to find what people in Pelican Bay
would like for the future, where we are headed. Its a Strategic Planning Committee for the future.
MR. BOLAND: Okay.
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MS. WOMBLE: And it's to get every one's input, try to make as many people happy as possible, and keep
our standards high for this particular development.
MR. BOLAND: Thank you.
MS. WOMBLE: Thafs how it is. We don't issue any kind of policy or laws or anything else.
MR. BOLAND: Okay.
MR. PETTY: Mr. Chairman?
CHAIRMAN CONNELL: Yes.
MR. PETTY: If I may, please. For the public thafs here and for the public record thafs being taken down,
our involvement is, as the board has described, a means of preventing redundancies. So, when the Foundation has
issues that may affect our responsibilities or may touch us, thafs where the chair has assigned various board
members to attend and participate. So, these questions and statements on the budget and policy and procedure are
all reflective of a different organization than the Pelican Bay Services Division. I just wanted to make that clear.
MR. PENDERGRASS: Verygooo.
MS. WOMBLE: I have one more thing to clear to. Ifs not to each and every individual person. Ifs to
residential units, so there will be one per household.
CHAIRMAN CONNELL: Thank you, Mary Anne. Any other comments or questions for Mary Anne? Moving
on then to the Budget Committee.
BUDGET COMMmEE
CHAIRMAN CONNELL: The Budget Committee held its first meeting Tuesday, February 26th, to start the
planning for fiscal 2009. As you know, at this point in the year discussions by the committee are generally limited to
capital projects. The county does not come out with its costs and numbers which affect our operations until midyear.
So, that part of it isn't even being considered.
We won't know how much effect, if any, the change in County's budget director will have on this schedule.
Many of you may have heard that the budget director, who I guess was there some 20 years, has resigned and gone
elsewhere and has been succeeded, and that that oftentimes will change things as one tries to make things of his
own image.
The committee will have before it two projects for discussion. One would be the widening and replacement
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pathways of Pelican Bay. The other is a complete study of street lighting and security to Pelican Bay.
The former has an estimate ranging from $1.6 million to replace the paths with exactly the same width, which
is five feet, and in one foot increments up to eight feet with the highest number at a cost of $2.7 million.
Now, the latter project, street lighting and security, has not yet been costed and obviously will be. Both
projects are of a cost which would warrant seeking the views of the community. And this will be done in the event we
were to attempt to go on ahead on either of these.
On a familiar subject, the committee was asked to consider a work schedule and change for those who do
the landscaping and other related tasks. Those workers currently working a ten-hour day schedule, five days a week,
a schedule which has been in place for many years, two of those hours daily must be treated as overtime in
accordance with the Federal wage and hour law. So the worker is compensated for those two hours at time and
one-half. The recommendation is that the work schedule will be reduced to eight hours per day w~h no additional
hiring. Moneys saved would be budgeted into a, "contingency fund", to accommodate shortfalls in the quality of the
work results. Because it was necessary for a committee member to leave early, with the committee lacking a
quorum, no action was taken. So, the committee has no recommendations on this at this time.
DiSTRiCT OFFICES CONTRACT
CHAIRMAN CONNELL: You all were given a copy of the district offices contract, I believe, two meetings
ago. The current contract will expire in June of this year. So, while we're not right at the eleventh hour, ifs coming at
us, and a decision has to be made. For the benefit of those who do not have it in front of them, at the center of the
proposal, which was sent to us by district offices, the cost per year would increase by twice what ~ is now.
I'm going to ask that you all, if you had an opportunity to look at this, also ask Mr. Petty if he has any
comments he would like to make on~. Pardon me. No one has any comments?
MR BURKE: Yeah.
CHAIRMAN CONNELL: We need some guidance here.
MR BURKE: I have a comment or question. The current $24,000 is done with a purchase order; correct?
CHAIRMAN CONNELL: Correct.
MR BURKE: At $48,000 it becomes a RFP?
CHAIRMAN CONNELL: I don't think so, but, John, can you explain tha~ please?
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MR. PETlY: The break point is right at $50,000.
MR. LEVY: I do - just commented on the - on Page 6, and it talks about the management and it talks about
the manager who's responsible for tasks and what tasks they are responsible for, and then Page 10 talks about an
administrative and the tasks they are responsible for. And the description of the task is not that much different, I think
irs different from the tone. The tone is quite different.
MR. PETlY: They're basically interchangeable. The tasks of a manager, as stated up front, are my
personal management philosophies. The tasks on the back for the administrator are those as defined by this board
when the change was made, I think, two years ago, and they defined the scope of the project at the $24,000 level.
So, I took those definitions of scope and added them to this project. But, I wanted you to know what my personal
management philosophies were as well.
MR. LEVY: John, your contract talks about the district manager's responsibility for all the employees. Does
that mean the district manager of district offices? Is that what you're saying?
MR. PETlY: No, sir. That means that whether irs an MSTBU or a special taxing district that I'm being hired
for typically under that administrator or management function. I'm responsible for the employees, so that the board
would not do the hiring and firing. The administrator or the manager does the hiring and firing.
MR. LEVY: Are you district manager and district administrator and appellate?
MR. PETlY: We're not really a district per se. Districts are dependent or independent. We are an MSTBU
by definition. We sometimes call ourselves the district for public explanation. They may not understand the
differences. But the language that you see in my proposal up front is based on most of my work being with special
taxes districts, and this being the only MSTBU that I work with. So, in other words, you may have gotten some stock
definitions that said the word district that we need to convert into division. But, yes sir, in there I am stating that in that
position I expect to be held responsible for the hiring and firing of personnel according to the county standards and
conditions and policies.
MR. LEVY: Okay.
CHAIRMAN CONNELL: I will say, too, in my attempts to find some sort of a benchmark in terms of value, I
was told by a previous chairman that when it was negotiated, the task of budget preparation was virtually removed, if
you will, from the administrator. And now I would have to say that that task has found its way back into the
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responsibilities of this firm. So, there has been, at least by the measurement that I was given, been an addition to the
requirements and the effort in the time from back when it was cut in half.
MR. BURKE: The procedure which would be the same as the last time? The purchase orders would go out
and we would have to get two or three other, is that the way it would work?
MR. PETTY: The County policy currently is under this contract amount, you would get at least two
competitive bids for comparison to make sure you're in the ballpark. Typically that has gone out to local professional
firms that have the experience with Pelican Bay to see if there's an interest.
CHAIRMAN CONNELL: May I have a motion to move in that direction, please?
DR. RAIA: Another question?
CHAIRMAN CONNELL: Yes. If I could have a second though, we can have the discussion.
DR. RAIA: Okay. Sorry. Yeah, I'll second.
MR. BURKE: What is the motion?
CHAIRMAN CONNELL: That we proceed with the process which solicits two, not bidders, but two suppliers.
MR. BURKE: Two. Okay.
MRS. SMITH: May I ask who made the motion?
MR. BURKE: Irs Coleman.
DR. RAIA: No.
CHAIRMAN CONNELL: I thought the motion had been made. I'm sorry. I wasn't paying close attention. Will
somebody make the motion?
MR. BURKE: I'll make the motion.
CHAIRMAN CONNELL: Thank you. All in favor?
MR. IAIZZO: Make what motion?
MR. BURKE: The motion is that we're going to proceed with the purchase order process.
CHAIRMAN CONNELL: Inviting two suppliers.
MR. BURKE: Inviting two other suppliers.
MR. PENDERGRASS: At least two other suppliers.
MR. IAIZZO: In terms of a bid contract?
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CHAIRMAN CONNELL: Does it take the form of a contract?
MR. PETTY: No, sir. This is not an RFP like what we did last May.
MR. IAIZZO: Well, this is to get prices, no?
MR. PETTY: Yes, sir. Yes, sir. And, it is to see if there's any interest on these other companies typically that
we've asked; Agnoli, Brundage, Wilson Miller, and other such professional firms in the area that have experience with
Pelican Bay to see if they have an interest.
CHAIRMAN CONNELL: Is rt reasonable to have those prices back by the next meeting, Barbara, do you
think?
MRS. SMITH: Yes.
CHAIRMAN CONNELL: Okay. The motion has been made, seconded that solicit prices from at least two
suppliers.
Mr. James Burlre moved ,seconded Dr. Ted Raia and approved on a vote of
9ID to proceed with the purchase order process and obtein at least 2 other
bids for the management of Pelican Bay Sentices Division.
CHAIRMAN CONNELL: You also have in your handouts today several invoices for efforts and tasks, which
went out beyond what the district offices is contracted to do. I hope you've all had a chance to look at them. I'd invite
your questions at this time.
MR. BURKE: On the first one, the $8,100 thafs the material that was used of the Men's Coffee, which can
be reused over again?
CHAIRMAN CONNELL: Yes, rt is. Yes, it is.
MR. IAIZZO: And the preceding pages support the $8,1 DO?
CHAIRMAN CONNELL: I beg your pardon?
MR. IAIZZO: The preceding pages support the $8,1 DO?
CHAIRMAN CONNELL: No. Those are all separate. We'll have to come to those one at a time or however
you choose.
MR. PETTY: Mr. Chairman, if I may preface those a littte bit? At the last meeting there was a discussion
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about our contract and our request to consider going back to the old contract amount of $48,000. I had several
questions from board members on what do you spend your time on, how much time do you spend in Pelican Bay.
And, I gave to the board a description and a proposal that said it isn't because of anything new per se. It is an
increase in time spent on most of the standard responsibilities. That was the basis of asking to go back to the old
contract amount. They said, well, are you doing anything new? I said, "we're doing tons of things that are new". And,
this is our way of showing to you what that is. Now, the only item on that list that we have discussed with this body
was the Men's Coffee. I've got to tell you we put more time in it than what we thought we were going to do, and
probably what this board thought we were going to do as well. We don't mean to sit here and say that we wish to take
advantage of that position; we want more to show what we have done in regards to Pelican Bay so that you
understand the time and effort that we've placed or what expenses outside of time and effort we may have incurred.
These reflect those resources that we have brought in outside of our time. Now, the only thing that we have
discussed with this board in general terms was the Men's Coffee. The other items you see there are for the
photograph scanning, the archiving, which we talked to you about when we asked permission to buy the photos. The
intent is to archive them. The difficulty was trying to find that system of availability. We have that within our firm since
we have supplied that with the historical references of other governmental entities and other communicates. We
weren't able to find it at Pelican Bay Services District Offices or anything close at the county. So, we did supply that,
and you're seeing an invoice for that. But, keep in mind these invoices do not have a purchase order or a preapproval
from this board. If you do not find value, don't feel bad about saying no. The issue here is one of understanding more
than of anything else. Then if you see the value in it then, yes, we would very much like to be compensated for it, but
understand the district offices on its own did these, and we will understand if you would prefer that that be done in
advance, well not be done in advance, but only after permission is given. We would understand that. Thank you.
MR. LEVY: John, is the scanning finished or is there more scanning?
MR. PETTY: There's still some more scanning to be done. I think we've got close to 3,000 pictures in it?
MS. MCCAUGHTRY: I think it may be over.
MR. PETTY: Over 3,000 pictures in. We're down to the level of film that must be cleaned, each piece of film
must be cleaned before it can be scanned. We've gotten to that quality. Most of them have a title, a name and
sometimes even a date, but they haven't been catalogued yet. But, they are digitized and they're on the computer
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and they've been backed up to a separate hard drive in case there is some type of emergency and we have to scoot,
we can grab the hard drive and run.
CHAIRMAN CONNELL: I would think that in the future when we embark on some special task, that before
we ask that your company do that, that we get approval to proceed with the understanding that perhaps we don't
know exactly how much it's going to cost, but perhaps we'll save a bit of wonderment when finally the bills come in.
MR. PETTY: Absolutely. And that's why I really didn't want to preface it because we look at these things and
wondering how did that occur, why did I bring the scanning equipment over? It was to accomplish the task. We
couldn't find anything within the county. We certainly didn't have the capability within the offices of Pelican Bay
Services Division. And, I was anxious to achieve the task of putting the pictures into an archive. So, I understand the
concept completely, is that it would go before the board for preapproval been we expend in the future.
DR. RAIA Coleman, I would like to get some idea of the cost. How many pictures were actually scanned?
MR. PETTY: Over 3,000 currently and we still have quite a few more to go. I think we've estimated the
purchase at somewhere close to 4,000 slides is what we estimated we have to purchase.
DR. RAIA: I suggest the board go on the intemet to see about scanning picture. I think this was a pretty
good deal, the charge to scan 3,000 pictures.
CHAIRMAN CONNELL: Any other comments?
MR. PENDERGRASS: Mr Chairman, I have a question. Is there any plan to run this video on Water
Management on Channel 96?
CHAIRMAN CONNEll: We certainly have talked about it. I guess that would defer to Jim. If it were given
to him with a voiceover, you would run it, would you not?
MR. HOPPENSTEADT: It would be great.
MR. PENDERGRASS: Thank you.
MR. BURKE: I have a question for John. Are you planning to be at every one of the Clam Bay Estuary
Improvement Group meetings?
MR. PETTY: I'm going to be looking for direction with what we've just talked about. A lot of the meetings you
don't see on the invoices that we've attended. And, Mr. BurKe, you and I have attended several special meetings
concerning county matters and district matters or division matters. We met with Mr. McAlpin when the first idea of the
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Clam Bay Estuary first came up. You don't see bills for that. But, since the question of what district office's time and
resources expenditures are, we're starting to catalog those for the board's benefit so that you can make these
decisions properly for the future. And, we're looking for direction from the board now after today's meeting, if you'd
like us to attend, because that would be considered outside the typical scope of the $24,000 a year contract.
OR. RAIA: If we should have some ideas of these numbers, because this is going to influence whether we
go to $48,000 or we leave it at $24,000 and incur these additional charges so to speak. You know, somehow or
somebody comes up with these figures so we can see what the value is.
CHAIRMAN CONNEll: I think, too, Ted, that the job description really should be enlarged a bit. I sent a
copy to each one of you, the original one, and if we are to increase the cost of this, obviously there should be some
changes made to the task requirement.
MR. PETTY: I can tell you thafs the last contract which was at $48,000 and had been for several years,
required the administrator's presence one day per week. I can tell you the existing $24,000 assumes that the
administrator will be here twice a month; basically, one special project meeting and one regular meeting. I can tell
you that I'm spending close to ten days to 15 days a month in Pelican Bay or on Pelican Bay business. So, it came to
the point where I was obligated to bring it to your attention that it was time to look at the structure.
CHAIRMAN CONNELL: And I think uncertainty, as we all know, breeds some form of contempt, so we really
should be a little bit more specific in job description. There is a motion on the floor to approve these invoices.
--- - - -- - - - - ------------- -- ----- --- --
Mr. James Burlee moved, seconded Mr. John laizzo and approved on a vote of
910 to approve and pay the invoices of District Offices.
CLAM BAY ESTUARY STUDY GROUP
CHAIRMAN CONNELL: Moving on to the Clam Bay Estuary Study Group, the last item on my part of the
agenda, and since Mr. Burke and Mr. Petty were present at that meeting, I would invite them, after my remarks, to
join in with their observations and conclusions. The Clam Bay Estuary Study Group met at 9:00 a.m., Thursday,
February 14th, at the offices of Coastal Zone Management. If you've never been there, ifs on Santa Barbara
Boulevard and ifs not marked, so I can give you some advice, by where they're storing pipes, as to how you get in the
first try. Participants from Pelican Bay Services Division were Mr. Burke and Mr. Petty. The City of Naples was
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represented by John Story and some other staff members. The meeting was hosted by Coastal Zone Management,
Gary McAlpin, who is with us today. Dr. Tomasko reviewed the highlights of his report, Clam Bay Sea Grass
Assessment, and described the success that Pelican Bay has enjoyed during the duration of its stewardship. The
permit to continue this effort expires this year, and the county has decided that it will take a more active role and has
asked that Pelican Bay prepare and request a one-year extension of the perm~ in order to give the matter more study.
That this decision coincides with the issuance of the overall study by Dr. Tomasko is, in my opinion only, no mystery
as to reason. There was a discussion of the task at hand involving the county, the City of Naples and Pelican Bay as
regards the quality of water in Clam Bay and waters to the south, including Venetian Bay. The cost of such an
undertaking was briefly alluded to, but no attempt was made as to how that cost would be apportioned. Another
meeting with the group is scheduled for Thursday, March 20th at 9:00 o'clock and at that same location. My
colleagues may disagree, so it should be understood that what I say now is strictly my opinion. As regards the task of
monitoring the waters in the Clam Bay system and putting in place controls as a result has been most effective. That
conclusion is born out by the Tomasko report. It is likely that we are about to see a change in that stewardship. The
Clay Bay system and the attendant mangroves may very well become a mere portion of a much larger responsibility,
vast by comparison. Gentlemen?
MR. IAIZZO: Did you ask why that stewardship may change?
CHAIRMAN CONNELL: Our stewardship has been to not only maintain but resurrect the mangroves, if you
will, and improve the quality of the water, eventually making its way into the gulf.
MR. IAIZZO: And, so, we're going to lose that stewardship?
CHAIRMAN CONNELL: I didn't say that. I implied it.
MR. IAlZZO: Just go back and look at those notes.
CHAIRMAN CONNELL: Yes, sir.
MR. IAIZZO: A paragraph or so, Coleman.
CHAIRMAN CONNELL: All right. I'll change it to tha~ John, I do see it as a possible change in our
stewardship.
MR. PETIY: Mr. Chairman?
CHAIRMAN CONNELL: Yes.
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MR. PETTY: The question, or what I'd like to brief this board on, is I have the same observations as the chair
basically and really not much more to add other than this. At the last meeting we asked this board to consider
submitting a temporary permit application or, I'm sorry, a one-year permit application to extend our existing Clam Bay
restoration permit. And, we talked about how the County had wished to basically have the name of the County there
now because that was policy today, where ten years ago the policy was to make certain that Pelican Bay Services
Division was the responsible entity. That has since changed to where they would like Collier County's name up front.
And, as a statement of our policy of direction, we had talked with Mr. McAlpin, the chair, and said we would like our
name there as well. You all looked at that and said, okay, we'll do it that way, and you approved the application and
preparation. With these two caveats, does Pelican Bay still have control of the permit and if Pelican Bay still had
control on how much money it was going to be putting into the system? After the meeting, I, similar to the chair,
heard quite a bit of talk of new direction and expansion, look at the Clam Bay system, and I can't give you my
recommendation that you have full control or that you can direct this either with the amount of moneys that may be
allocated the responsibility of Pelican Bay or the permit.
There is an expansion of concems in Clam Bay, some of which I may personally support, but I can't bring
them back to this board because they haven't been part of the Pelican Bay concept. The residents have approved
the existing permit through years of public discussion that you all may recall. I've just spent a couple days going
through all the newspaper reports of the pro and con of each action and who should pay for what and who's at fault
and when should the action take place and what the action should take place? It was an unbelievable process, one
that I feel that I should talk to you today a little bit about honoring. We haven't told you what the new objectives will be
because they are still being defined. And, at this time we cannot tell what you the ramifications will be of the changes
of a permit application even if it is just for a one-year extension with new signatories and new parties' involvement.
We can't tell you. So, we thought we'd come back to you, give that information and see if you'd like to ratify your
position of do we send in the application? It was being prepared by Tim Hall. I expect to have it done and finished
and on my desk this week. I've been asked by the County Administrator's Office to put this draft in his hands as soon
as possible for his review. Mr. Chairman, that's alii had to bring to the attention of the board.
CHAIRMAN CONNELL: Thank you.
MR. BURKE: Now, Mr. Chairman, I just want for the record to get all the names of all the improvement group
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members in our minutes. I also want to say that Pelican Bay was well represented at that initial meeting to which
Coleman refers. We had Dave Roellig there in attendance, the Cravens were there, of course John Petty, I and
Coleman, and so we were well represented. Am I right? But the members of the group are Gary McAlpin, Coastal
Zone Management for Collier County. Coleman is a member of the group, I, Councilman John Story from the City of
Naples and Mike Bower, the Naples Environmental Director. And, I believe that Dave Tomasko of TBS&J is going to
be silting in. He's the consultant who did the Tomasko report. And, the Tomasko report is the foundation piece
affording this one-year effort. And the overriding issue is the Clam Bay system, top to bottom, its water quality. The
issue is, can it be improved, and can we upgrade and improve that water quality? If you look at it that way, it gets into
the monitoring of the water, the testing of the water on a much wider scale than we've ever done it. In my eight years
on this board, with the exception of John Domenie, we did not have a lot of people talking about water quality. We
were pretty much concerned with the mangroves. Well, now the focus is going to be water quality, the monitoring of
it, the reporting of it, and I believe we will uitimately build in see grass management into this project. In expanding this
water quality monitoring and testing, the City of Naples has to be involved. We can no longer have representatives
from Seagate come in here and yell and scream, and we yell and scream back at them. Irs now taken a whole
different tone. The city will be involved and the city is going to come up with funding. At our first meeting Councilman
Story said he will be going back to the city council for funding when we get to the point where we can discuss what the
funding needs will be. The next Clam Bay Permit is going to have to reflect present day realities when it comes to
water quality. And it will be part and parcel of our effort to continue to restore and maintain the mangroves. We have
a one-year timetable in which to define specific objectives and to develop the strategies and identify the funding. So,
thafs my take on it. Thars what I took out of the initial meeting, so I'm not too concerned yet about whose name is on
what, who's going to control what. Well, maybe I was naive but I always thought in the past few years the County's
name was on that permit, but maybe I had a different copy. I'm not sure. I'm looking forward to working with this
group.
CHAIRMAN CONNELL: Anybody have any questions or comments? Very important subject to us.
MR. IAIZZO: Yeah. I'm a little skeptical about it. It looks like we're losing control here. Let me just put it that
way. Within a year we're going to lose control of how we manage the mangroves and the waterways. We have water
quality going on. We do it in two locations in our project. We are definitely monitoring water quality. Now, we've
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indicated that we have to do something different beyond what we're doing in water quality? I don't understand that.
MR BURKE: Have you read the Tomasko report?
MR IAIZZO: I didn't read it in detail, no.
MR BURKE: I think you should.
MR IAIZZO: But you told me that our water quality evaluation is not bad.
MR BURKE: I didn't say that, John.
MR IAIZZO: If we are not doing it right, well, we're wrong. Which is it? Are we wrong?
MR BURKE: Irs not right or wrong. It has to be expanded.
MR IAIZZO: Expanded? In what fashion do we expand water quality monitoring? Something's not right
here. I don't fully understand the rationale of possibly losing the control of the water quality that we have in our
territory. Irs our territory. It may be in the County's leeway to have the deed to that mangrove, 516 acres, but we've
been spending our time and money, Turrell and Associates have been doing a great job. The report from Tomasko
came back positive.
MR BURKE: Right.
MR IAIZZO: And yet we're bickering who's going to control the final analysis and moneys? I don't
understand that. Somebody needs to explain that a little bit more. Maybe Gary can.
MR BURKE: I think you need to read the Tomasko report on the water quality.
MR IAIZZO: I said my piece.
CHAIRMAN CONNELL: Anyone else? Gary, would you explain?
MR CRAVENS: Just a moment.
CHAIRMAN CONNELL: Yes. Would you say please come to the microphone and identify yourself and
where you live and who you represent?
MS. CRAVENS: I'm Marsha Cravens and I am on the board of the Mangrove Action Group, a~hough I'm not
speaking for them. I'm just speaking as a Pelican Bay resident. I did attend that meeting on the estuary study group.
And a couple of things disturbed me about it. One, is the permit that exists focuses on the mangroves and any
extension of that permit would seem to me would still remain a focus on the mangroves. What is occurring through
the study group is I don't understand how you can extend or expand on a permit with a totally different focus. It is an
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attempt to extend this permit for another use. There are issues about water quality throughout the Clam Bay estuary,
and thafs what they're attempting to do by extending this permit, is to actually change the focus of what it originally
was designed to be. I have some concerns because there's also some attempts going on apart from this that has to
do with re-categorization of waters or bodies of water, and that's something the EP A has proposed and I wonder if
that might also be a part of what's going on with this. If the waters are re-categorized, then the standards change and
the water quality changes. So, I kind of get disturbed about that, for one, the permit actually being changed to cover a
completely different aspect than just the mangroves, what the focus has been; and, two, that what else is going on
with the changing categories of our water bodies might actually make it a lower standard for water quality if you lump
it altogether like that. I don't know if you're following what the EPA has suggested about changing the categories of
our water bodies?
MR. BURKE: Was that discussed at this meeting?
MRS. CRAVENS: No, it wasn't.
MR. BURKE: Oh, okay.
MRS. CRAVENS: Ifs just something I'm wondering, if the two of those are actually going to go hand in hand
down the road?
CHAIRMAN CONNELL: I believe in the course of changing things, the EPA took nutrients though as one of
their primary objectives and extended it to the year 2013, I think.
MRS. CRAVENS: The categorization I'm talking about has to do with water body uses, and it has to be either
categorized as if they are or what the standards would be for swimming as well as fishing and other types of
recreation. I believe there might be four categories right now. They may extend that to five or six. And the standards
in the new model would be that the water quality only meets the lowest use, whereas right now the water quality has
to meet the standards for highest use. So, if a water body is categorized as meeting recreational use, then the
standard is higher and the monitoring and what your results of the monitoring are have to meet the higher standards.
If they change those categories in the water quality, the standards may actually become lower. I'm a little concemed
that all of this might end up working together, and in a combination of this, we end up with actual lower quality of water
in our bodies of water.
CHAIRMAN CONNELL: Thank you.
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MRS. CRAVENS: Thank you.
CHAIRMAN CONNELL: Gary, would you care to comment?
MR. MCALPIN: Thank you, Mr. Chair. For the record, Gary McAlpin, Coastal Zone Manager. I hadn't
planned on saying anything but just being here listening. But, let me just take a couple of minutes and further try to
explain what we're trying to do here and maybe set your mind at ease, if you will. After Tomasko's report, which was
very favorable to Pelican Bay Services Division in Pelican Bay in general from an overall stewardship and
management of the asset and of the resource, very favorable and we don't want to imply in any way, shape or form
that irs anything other than that. But, the report did identify a number of items that we believe have to be addressed
and have to be addressed proactively, and that's what we are looking to do. I think when you step back and look at it
as a total estuary; you've got to include the waters that are coming in from outside of Pelican Bay, which is to the
south, the Seagate canals, and also the point of entry at Venetian Bay through Seagate Drive. You've got to look at
the area thars coming in through where the Naples Grande is and the kayak area, which is the County Park, and then
the pass itself, and then obviously your areas where you control your storm runoff. There have been a number of
issues that might be disturbing and potentially could be damaging, and the State they revolve around water quality.
And, that's not to say that there are issues, but I think what we need to do is look at the water quality for the overall
estuary. There are some concems that the estuary is not necessarily pristine, but irs not endangered at this point in
time either. But left to its own devices, problems could occur and the State could potentially step in and force the
County and/or Pelican Bay to do some things. And I'm not going to say that thars going to happen, but the way water
quality sampling has been taken and done and reported or not reported is problematic and you probably need to take
a look at that from an overall point of view. Well, what we did is we came up with seven items that we wanted to talk
about as a group. Let me underscore that again; talk about as a group and talk about how they affect the estuary.
The first is water quality sampling; the second was the Seagate-Venetian Bay connection at the south; third,
benchmarks for what the City of Naples is doing to control their water quality that would come into the south; and
fourth, sand at the ebb tide shoal at Clam Pass, etc. The forefront was the overall marine life, what is really out there
in terms of sea grass, oysters and how do you make it the best it could be. The fifth item was funding. If other people
like the City of Naples and the County had expressed interest on participating in improving the overall estuary, how do
they contribute to that? Then sixth, navigation is an issue. The permit is currently in violation of marking the channel
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and that needs to be taken care of. And, lastly, education. Not necessarily education from Pelican Bay, but
education from a broader community at hand. So, what we've said is that this is a community - this is a larger
community. It affects a larger scale, but we want to talk about some issues, so we have set up a work group to talk
about these issues, and thafs what we're looking to do. The County has asked the Pelican Bay Services Division to
extend the existing perm~ for one year. Now, thafs not a new permit, because during that period of time, a brand
new perm~ has to be developed and applied for. With the extension of the existing permit, ~ would allow Pelican Bay
Services Division time to continue to do the maintenance they do on the estuary and give everybody the time to
address these seven items that we talked about and incorporate them in a larger, broader management plan. What
that is going to look like at this point in time, I do not know, okay, but I will tell you that the group that is discussing it
will be there and will have some discussions and, hopefully, some input into this. And thafs where the County
stands right now and thafs what we would like to like to see continue. Thank you, Mr. Chair.
CHAIRMAN CONNELl: Thank you, Gary. Anyone have any other comments on this subject?
MR. PENDERGRASS: Mr. Chairman, I have a question.
CHAIRMAN CONNELl: Yes, sir.
MR. PENDERGRASS: As a new member, how would I get a copy of the Tomasko report?
MR. PETTY: Mr. Chairman, we have ~ at the office. I think we've also made ~ available on our website as
well, but we're going to talk after the meeting. We're going to tell you where to find all kinds of stuff. You usually just
come into our office and I can get you a copy of almost anything.
DR. RAIA: Coleman, was Tim Hall involved in this at all?
CHAIRMAN CONNELl: In the meeting? Yes, he was. Yes.
MR. BURKE: Mary Anne was there also.
DR. RAIA: Did he have any comment?
MR. PETTY: Mr. Chairman, if I may, he remarked at the meeting that he there for his own benefit and was
there basically as an environmental scientist, just keeping watch. I don't remember that he had anything more than a
short comment at the meeting.
CHAIRMAN CONNELl: Oh, yes. Tom?
MR. CRAVENS: Yeah, I think Tim Hall made a comment to the effect that Turrell and Associates did apply
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for permits for the signage, for the canoe route, and that he was going to check into that. I believe Gary had
mentioned that the signs had not been permitted, but I think that Tim said that they were permitted and he was going
to recommend the record decision at the time.
CHAIRMAN CONNELL: You're correct, yes. Mary Anne?
MS. WOMBLE: He also mentioned that he thought it would be valid to check the water quality in the gulf
outside the pass, and the seven water test sites on the Southwest Florida major waterways, make sure that you have
plenty of sites for testing. That was his recommendation to the board. At the end when everybody went around the
table that was his suggestion, to make sure that he had some set-up sites and continued to monitor them.
DR. RAIA: Coleman, who funds the studies being done right now; the County or the Pelican Bay Service
Division?
CHAIRMAN CONNELL: The studies that are being done?
DR. RAIA: Right.
CHAIRMAN CONNELL: The services division is not doing that to the best of my knowledge unless it falls
within their regular purview.
MR. PETTY: Yes, sir.
MR. IAIZZO: I think he's talking about the reports.
MR. PETTY: The only reports that come down, the only studies that come down are those that we have to
do under the permit, and you just got to take a stack of our annual ones that Tomasko, Post, Buckley, Schuh and
Jemigan report was funded by the County, I believe, that went through Gary's office. But that was not funded by
PBSD.
DR. RAIA: And the work that Tim Hall actually does?
MR. PETTY: That's under Pelican Bay Services Division's budget.
DR. RAIA: Now, if we add monitoring water to that, are we going to fund that or is the County going to fund
that?
MR. PETTY: Well, that's what we have to talk about. The new points would be outside the existing scope of
what Pelican Bay Services Division is looking for. Again, remember we are here for mangrove restoration. That's
what we've got authorization to do. Our permit, as talked about by Mrs. Cravens is a 404E, a very specifIC type of
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permit, a very difficult to get permit, and it has to be extremely focused on an objective and cannot cause harm. Our
focus is the restoration of the mangroves and our intent is not to cause harm in doing that. Expanding upon it,
changing that focus, is a concern, and I'm sure the regulatory agencies will ask the same questions that Mrs. Cravens
started to bring up. But, again, not that we won't get a permit or the County won't get a permit, or whoever the group
is that applies, but I may be giving out more information than what you needed.
DR. RAIA: Well, my concern is there's no limit to the number of studies. One will be requested as long as
somebody else is paying for it. So, I just want to make sure we know in advance who's going to fund the request for
additional studies.
MR. PETTY: Sir, thafs why we brought back to you the issue of submitting for a one-year temporary permit.
We have a lot of new voices and we have a lot of new concerns, and while staff or others may have a personal or
think that the objectives are well and good, it should be the Pelican Bay people and this board that direct the Pelican
Bay funds; and since we are looking at new objectives and possibly even ultimately a new permit, making changes
now, whether it be as simple as a name change on the permit, may have significance. I am not able to tell you at this
time that by making a name change on the permit that you are not somehow putting Pelican Bay Services Division in
a responsibility position in the future. And that's the only thing 1 bring back to you for your consideration today. If
you'd like to validate so that we can set off the permit, we'll be happy to do so. If you have any other direction for us,
we'll be happy to take that as well.
DR. RAIA: To me it looks like we're looking to make a very expensive diagnosis on the disease we don't
know, and that hopefully we'll be able to cure it. I would not want this to be a fishing expedition. I mean, if there is a
problem, somebody identify the problem and come up with a recommendation fix it, but I just don't see that.
MS. WOMBLE: Since this permit is so focused, is there any reason not to go ahead and have it sent on?
What is the reason for the extension? Can't we just go on and do it, and then with you all on the estuary discussion
group, add to, give out information and work with Gary McAlpin and the entire group in the best way possible
ecologically for everybody included, but go on and get the mangroves taken care of and then let it rip. Is there some
reason why we can't do that?
MR. PETTY: Of course not, and thafs why we're asking for direction from the board.
MS. WOMBLE: I'm directing.
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MR PETTY: We can do that.
CHAIRMAN CONNELL: But do we not have to first respond to the County's request for an extension?
mean, I think the County's name is on it.
MR PETTY: Yes, sir.
CHAIRMAN CONNELL: There is no way we're going to get around the County and submit this application, is
there?
MR PETTY: We're looking for that possible concept to be decided by this body on whether we've been told
that you will approve the one-year extension if you have the two caveats; that you are still in control of the permit so
that it stays focused, and that its stewardship and its success is still basically under the responsibility of Pelican Bay
Services Division, and that is focused on mangrove restoration and management. The new focus that we discussed
may have merit, but it is not mangroves and restoration. We have discussed mangroves in these meetings. Nor is it
one of the seven items that you heard. So, we've come back to you and said we can't give you those two conditions
or caveats that you gave approval to the process on at the last month's meeting. If you wish to go forward, knowing
that this position will be of a consensus building process working with other entities within the County and that you're
willing to go forward that way, we're going to know it's not a problem as far as your staff and we're going to go ahead
and submit. We just feel bad about you making a decision on two caveats and us not giving you the information, but
this may mean that you'll have to compromise the position with interests outside of Pelican Bay because they are a
countywide interest. Thafs all.
CHAIRMAN CONNELL: Yes, sir.
MRS. CRAVENS: A point I meant to bring up and I missed stating it when I spoke previously is, I don't
understand, I am fully behind and fully support activities directed at keeping and improving the water quality in our
estuaries, in our waters, but I think ifs a separate issue and I think it should be a separate permit. Thafs the one
emphasis I want to put on here. I would be fully behind the County, and I am sure every one on this board would be
fully behind the County in addressing water quality under a separate permit that is focused on water quality. We think
when you're talking about extending the permit that we currently have, ifs focused on mangroves, and I would hate to
see us lose that focus. Thafs alii have to say.
CHAIRMAN CONNELL: Thank you. John, my understanding was that the permit is broader than perhaps
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irs just been described. Am I not correct?
MR. PETTY: Sir, would I take it the other way and say a 404E is an extremely focused permit that gives the
holder the capability of doing long-term practices within its scope that are considered to be of little or no negative
environmental impact to the community. Otherwise, and I wish Tim was here to go further because he's certainly
better at it than I am, you go to a 404A, and that is for each specific application and you're held accountable and
reviewed on each particular job or task that you're going to do. The 404E is similar to what we're doing, where we're
cutting trenches in mangroves, we are taking material out of a pass, we are doing monitoring, we are doing a lot of
different things. They evaluate you as a total package and you have to meet those criteria. So, sir, I would say that
that type of a permit, once gotten, gives you somewhat of a jurisdictional ability over your responsibilities, but I
wouldn't say it would give you unlimited ability to do whatever task you want. It would give you the ability over a wide
range to perform the task under the scope.
CHAIRMAN CONNELL: I guess I don't understand then why the County would want this permit if it doesn't
extend to the extent that they have described. Perhaps I'm missing something here.
MR. IAIZZO: I think what you're saying is we should be able to go right into another ten-year contract without
this extension.
MR. PETTY: If we are building on our nine years of experience working with the State and the various
departments that would review it, we think that there is a very good chance that we would get a fairly quick review and
approval under an extension where we ask for nothing more than what we had asked in the past. Yet if we expand
upon that, the process may take a little bit longer but, again, you're trying to expand upon an initial ten-year success
story of restoration of mangroves. I think that will work to the favor of any holder of that permit in the future, and I
think that may be the desire of the County as they get involved in Coastal Zone Management, that the current 404E
permit may be a nice staging ground for that involvement, I think, is part of the issue. But more to the point is the
issues conceming Clam Bay, whether they have to get a separate permit or not, I don't know if that's material. Maybe
Gary can speak to that.
CHAIRMAN CONNELL: Yes, Gary.
MR. MCALPIN: Mr. Chair, if I may, thank you. What the county is requesting is the existing permit that you
have right now, 404E, just to apply for a om~.year extension, which will allow you to continue to do your maintenance,
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your normal maintenance activity, because without the benefit of the permit extension, you can't do your maintenance
activity. So, number one, we want to give you a vehicle and a mechanism so that you continue to do your
maintenance, continue to do business. The 404 - your existing permit is larger and broader in scope than just
mangroves. It has a water quality component to it. When that permit is applied for in the future, two permits will have
to be secured. One will be for the estuary and the maintenance of the estuary, and that will be issued by southwest
DEP out of Fort Myers, and the other one will be out of Tallahassee, DEP in Tallahassee, and that will be for the
management of the ebb tide shoal from a coastal point of view. So, really what you're looking at, the next step in this
whole thing for the permit is taking this for the next ten years. Whafs it going to look like, what the DEP is going to
require us to put in these two permits? We anticipate that there's going to be a lot more water quality issues because
that is the nature of the beast right now and we certainly want to appeal with those items. So, we are looking for a
simple extension of whafs happening right now, and in the year to come, flushing out if and what these other two
permits would look like, which would carry you to other things. Thank you.
MS. WOMBLE: Gary? Gary, Gary. Hold on.
MR. MCALPIN: Yes, ma'am.
MS. WOMBLE: Okay. Please help me to understand why can we not continue the maintenance as we are
going forward now? Does it take so long to get this permit if the permit goes forward, we cannot do anything until we
get this permit okayed, stamped okay, and sent back to us for... ... .
MR. MCALPIN: We believe that the one-year extension of the existing permit is a relatively easy thing to get,
okay. Ifs not a big issue. Ifs a one-page document.
MR. LEVY: We can't hear you. Yes.
THE COURT REPORTER: Yes. Speak into the microphone. Tum it up. Thank you.
MR. MCALPIN: Thank you. Can you hear me now?
MR. BURKE: Yes.
MR. MCALPIN: Okay. We believe that the extension of the existing DEP permit is a relatively easy thing to
get. Ifs a one page or we believe ifs a one-page typically as it has been, as others have been in the past, ifs a
one-page extension request to extend the permit for a year. The new permit for the next ten years that would carry
you into the future for the next ten years will take some time to do. You know, you've already done a significant
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portion of that with the work that Tim Hall has done. But there will be some issues that we believe are larger than
what you currently have in your permitting right now, and we want to discuss those as a group.
MS. WOMBLE: Okay. Gary, let me ask you this then. Why can't we go ahead and get our permit so we can
continue the maintenance for the next ten years and add on to it? You're talking about two permits that would be
necessary with the DEP. And I can see where that could be a possibility, sure. But why not get enforced for those
ten years to come, what we've already done and been successful with, and then add on as we see lit? Your group
very definitely wants to make this done the proper way for the future. I got that feeling. But I don't understand why we
can't go forward with what we've done before and then add on or withdraw, as we see fit, but the mangroves seem
pretty darned healthy out there.
MR. MCALPIN: But we had -
MS. WOMBLE: And the water quality that you've been talking about, you've said that there were some
problems, but one of the problems I've heard was a possibility of poor testing. And I'm not really sure why we have to
wait for another year to go ahead and continue what you're saying what we're going to go ahead and continue with,
that one-page extension. Why not go on and get the thing taken care of and make sure it's in place and the things
are going on as they should be and then add or subtract as we see fit as we go down the line. I really don't
understand that aspect.
MR. MCALPIN: I think when you apply for a new permit; DEP is going to ask you for a number of issues that
you're going to have to address. Irs not just going to be a simple question of ........
MS. WOMBLE: So, they won't accept it.
MR. MCALPIN: If my experience holds, that is true. Okay. I'm talking about my experience now.
MR. IAIZZO: Gary, they have a chance to come back and tell us where we were deficient, because we've
had our request to renew our existing ten-year contract almost a year ago. And somebody's holding it up. And I don't
know that ifs -
MR. MCALPIN: I don't think you've ever applied for a for a permit, sir.
MR. IAIZZO: Hadn't we already got what he got - what we got ten years ago or some time ago?
MR. PETlY: Mr. Chairman, we have prepared one, we have reviewed it by both the Clam Bay
subcommittee and this body. And, basically, it is in the same form as it is now as far as maintenance is concerned.
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We have not submitted to DEP yet, it has been on hold under the County's review for six months now, I believe.
MR. IAIZZO: So, the County's holding it up.
MR. PETTY: Yes. And the concern reflects Mrs. Womble's question, because we asked the same thing,
can we submit for the permit, and we can make changes after we look at the request and vet them with the public
whatever is approved what we'll submit because it will be a process anyway. It was the county's position that they
would prefer that the new application for the permit go up with the new criteria. And I'm not sure why they want that
position. I think it's a preference from their experience that it smoothes out the process. I think it is a personal
preference, not one that we have any issue with at all. And in willingness to work and cooperate with other
departments in the County, we have held to that. Now we're on a tight time crunch, and either an extension or an
application for renewal of the permit needs to take place in the next 60 days, otherwise we'll have to reapply for a new
permit because our permit will expire and we'll have to start over.
DR. RAtA: I agree - oh, sorry.
CHAIRMAN CONNELL: Go ahead.
DR. RAIA: I agree with Mary's point. I think we should go ahead and get the ten-year permit. It deals with
the mangroves. Now, they're both County issues but the mangroves are geographically within Pelican Bay and we
can identify with some responsibility there. As the water problem is being presented, it's a County issue. If water is
coming in from other than Pelican Bay, that should be a separate permit. let the County itself, through one of its
agencies, apply for that. I don't think Pelican Bay should be applying and responsible for that permit which deals with
waters outside of Pelican Bay. That is really not our priority or our assignment here.
CHAIRMAN CONNEll: John, has the County identified or defined the criteria to which you referred, which
would be in effect an enlargement of the jurisdiction and tasks of the permit?
MR. PETTY: No determination to my knowledge has taken place. I don't think the commission has even
discussed it. This has mostly been done by staff with Coastal Zone Management basically leading the stake holders,
I believe. I know the county administrator is working as well on the project, but I don't believe ifs gone before the
commission at all. I think this is mostly a staff issue right now.
CHAIRMAN CONNELL: So, tell me candidly if Pelican Bay Services DMsion was to elect to forego asking
for a one-year extension, and it attempted to go ahead and apply for a new permit, what would happen?
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MR. PETTY: Sir, it's a very simple process. What you're saying is, with all due respect to staff, you want to
hear from the commission. Thafs what you're saying. And you're asking for the commission to make a decision in
this regard. And, of course, their plight has matters that the staff is representing because they have county
responsibilities. So, you do that respectfully, but you would ask the commission to - to set your direction.
CHAIRMAN CONNELL: Does anyone else, yes. Ok, Jim?
MR. HOPPENSTEADT: I guess ifs more of a question, as I understand the process, and Tim Hall's
comments, the full permit will take about a year to get. You may be too far into the process to get that. It might, it
seems like it would be worthwhile to consider the extension with the recognition that there may be some other
agendas trying to be fulfilled here, because I think Mrs. Cravens and Mrs. Womble have made some pretty astute
observations about the fact that we're dealing with a mangrove permit; and the issue of waterfall, in particularly being
adjoined by the City of Naples which, as I understand it, it is under a State DEP restriction for water quality, maybe
leading down a completely different path. So, I guess that wasn't a question, so I apologize.
MR. PETTY: Mr. Chairman, for clarification, if we submit for a permit extension or if we submit for the next
ten-year permit that you already approved, once we get that in process, we meet the criteria for the deadline. And
while they're reviewing it, we'll be able to maintain our responsibilities in Clam Bay. So, either one of those options
are open to us under the consideration. But the points are well noted. The expansions of parameters of concem in
Clam Bay are such that they really go way beyond what we had considered in the mangrove permit and may have
different user responsibilities, as stated by Dr. Raia that may go beyond Pelican Bay. It may be a County issue. And
as we get to other issues, you may be saying ifs a tri-party responsibility or two community responsibilities. So, it gets
to be difficult to separate all the different entities and what their roles are. If we keep it simple to the permit, we know
that position. We've been there for ten years.
CHAIRMAN CONNELL: But ifs unlikely that we would be successful in applying for a new permit, and I don't
mean a new permit, but in addition to the existing, that we get stopped at the County Commissioners.
MR. PETTY: I don't know, sir. I can tell you that I've looked at the history of how our name got on the first
permit. And I can tell you that was done after great deliberation, and that is very well defined in the public record,
because the County was asked to take a leadership role in this mangrove restoration. They came back with the
response of the benefrt is basically to Pelican Bay; therefore, the cost should be basically to Pelican Bay. There was
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a great outpouring from Collier County from letters to the editors and at commission meetings where residents were
outside of Pelican Bay, told the commissioners that they did not want their tax dollar spent on making trees look better
within Pelican Bay that had multi million dollar homes. This is a new development responsible for its actions and they
expected the new development to take care of any problems. After much consideration; public input; and the stack of
newspaper articles I have on this is about an inch tall, these are all good, honest people doing an honest evaluation.
It was detennined that in the Executive Summary of our application for pennit and for our ability to sign the permit and
that policy was that Pelican Bay Services Division was to be responsible for this in compliance with public opinion at
the time. Now we're being asked, because of a change in policy, to make a change in the presentation of the permit.
I don't think that anybody here minds talking about the County becoming involved. I don't think anybody here minds
talking about the County putting more money into the problems associated with the bettennent of Clam Bay. The
issue here is more of what the people of Pelican Bay after many years of public discussions authorized the board to
perform in its ten-year pennit and what are we going forward on the next ten years on.
CHAIRMAN CONNELL: Thank you. Yes, Tom.
MR. CRAVENS: I'd like to make two comments. Kay Potter raised a question at the last mangrove action
board meeting, and the question was this. At one time in the budget, the ten-year plan was a line item and at some
time in the past, that line item disappeared and it fell into the entire budget and we don't have any indication that the
residents of Pelican Bay are in fact paying for this ten-year program. The second comment that I want to make has to
do with nomenclature, and I think ifs a bit of a problem. In Dr. Tomasko's report, he refers to Clam Bay as being a
much larger area than we think of Clam Bay. We think of Clam Bay as ending when you get to Seagate. That's the
end of it In his report though, the nomenclature for Clam Bay extends farther south than this. And I think this is a
sort of a problem that people are interpreting Clam Bay as being a much larger area than we here in Pelican Bay
interpret it as being.
CHAIRMAN CONNELL: Thank you. Anyone else?
MR. BURKE: Coleman, just a quick closing comment, I hope. Our penn it, we were now referring to as a
mangrove penn it, I think thafs kind of narrow. Ifs always had water quality parameters in it and we've been testing
water quality all along. But the other issue is we're responsible for all of Clam Bay. That includes outer Clam Bay.
Am I correct on this, John?
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MR. PETTY: The three bay systems; outer, inner and upper?
MR. BURKE: Right. Yes.
MR. PETTY: Oh, yes, sir. Yes, sir. Outer Clam Bay is definrtely within it.
MR. BURKE: And outer Clam Bay is in the City of Naples for the most part.
MR. PETTY: No, sir.
MR. BURKE: Ifs not?
MR. PETTY: No, sir. Outer Clam Bay is, well, if I could let me explain rt this way. Clam Bay is a three bay
system, Pelican Bay property of under the water, over the water, and every mangrove of it.
MR. BURKE: Yeah.
MR. PETTY: And there was a small piece where Seagate touches, and they had some on outer Clam Bay,
frontage, if you will.
MR. BURKE: Yeah.
MR. PETTY: And, so did where Naples Cay is, but 95-98 percent of that was owned by Pelican Bay and was
deeded over to the County with restrictions, that rt can only be used for conservation, otherwise there's a reversionary
clause. So, the property that we're speaking of; upper, middle and outer Clam Bay, are not within the City of Naples
mainland. They're within Pelican Bay historically and, by large part, and a very small piece of rt touches what they
annexed a few years back.
MR. BURKE: But rt comes in line with what Tom was saying. Most of us in Pelican Bay don't look at the
Clam Bay section from the boardwalk and rt's merely part of our permit, part of our responsibility. And the Tomasko
report identified that the straight storm water runoff down there, off the roofs, off the driveways right into Clam Bay is a
key problem, okay. Now, I think rt would be hard pressed to get Pelican Bay to pay to get that cleaned up. And my
take on this is the City, under John Story, is coming forward and saying we want to do something about rt. Am I right
or am I wrong there? We want to work; we want to be part of that, creating a more pristine body of water.
MR. PETTY: My personal opinion, sir, is very positive towards what you've just said.
MR. BURKE: Okay.
MR. PETTY: I have a tendency to look at a lot of the objectives in a very good light. I only get concemed
when I look at the mandate and the trouble that we went through to get the mangroves approved by the people of
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UH
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Pelican Bay to get their direction. And to make changes, they worry me.
MR BURKE: Yeah. But if we don't get that or we or somebody doesn't get that, the nutrients and everything
else in that water down there squared away; someone is going to do it for us.
MR PETTY: I don't know, sir. I've got to tell you that Seagate used to have, from my understanding; they
used to have septic tanks.
MR BURKE: Yeah.
MR PETTY: They've since gone on to central sewer, which 1 don't know if that happened after annexation or
before. But there has been some quality improvement since then. I can tell you that the residents of Seagate have
been very much in favor of the work done by Pelican Bay Services Division after looking over the newspaper quotes
of Mrs. Dykeman (phonetic) and others. They very much wanted the pass to be opened and maintained open, and
we are the first entity to maintain the opening of Clam Pass as an entity before it was done one at a time, once you
got the money or the bulldozers or the dynamite or had been drinking enough to go out there.
MR BURKE: Yeah.
MR PETTY: So, we are working towards better water quality. So I don't know that that isn't already partially
addressed, and I don't know that there is anybody that will come in and fix it for us. I understand from Mr. McAlpin
from the County that the park parking lot is not built in conformance with County standards and has direct surface
water runoff, which there are solutions that I'm sure the County is able to put in, to help rectify that oversight. But
mostly I think we're looking at Seagate and some flow from Venetian and Moorings, which may have an issue. I, like
you sir, would be very supportive of discussing what the City of Naples or any other entity, of how Pelican Bay could
help them in their search for getting better water quality.
MR BURKE: One other item. The ebb shoal management permit, one does not exist now, does it? I'm not
aware of an ebb shoal permit.
MR PETTY: I'm not aware of one either, sir. I know that our dredging permit basically covers that area and
the dredge shoal has come up from mostly the coastal advisory, CAC group, and the issue of beach sand.
MR BURKE: Yeah.
MR PETTY: And, I think we've heard from some of our consultants, their opinions as to what that
represents, but I'm not aware of any study that we have ever done on that issue, sir.
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CHAIRMAN CONNELL: Thank you. Yes.
MRS. CRAVENS: You're speaking about something that I've been studying in terms of the pollution that
you're talking about this runoff. And this is something that Mangrove Action Group has been very involved in. You're
talking about non-source point pollution when you're talking about that runoff. And, best management practices and
fertilizer restriction rules directly address those issues. We are very much behind that. We're so thankful that Pelican
Bay has adopted best management practices. We want to see that go on. We want to see more fertilizer restriction
and think that needs to be spread throughout so that that Collier County embraces that as well. Thafs what needs to
be done to address non-source point pollution. Ifs not the mangroves that are adding to that pollution. It is primarily
from fertilizer, phosphates and nutrients from fertilizer overuse. And, so, again I would push that addressing using
BMPs and restricting fertilizer use is a better way to address non-source point pollution. Thank you.
CHAIRMAN CONNELL: Thank you. Moving on.
MS. WOMBLE: I've got to ask you something. I'm sony. Okay, we're at the point now where I think a
number of us are interested in making sure that either, A) we get the new ten year permit; or if we don't, then B) we
want to know if we could. Do you know the process of finding that out?
DR. RAIA: I understood that it would take so long for the tenure that we have to apply for the one-year
temporary. During that one-year temporary... ...
MS. WOMBLE: I don't think so.
DR. RAIA: We don't have to.....
MS. WOMBLE: No. I don't believe......
THE COURT REPORTER: Okay. One at a time.
MR. PETTY: Mr. Chairman, the question was, do we have the option of applying for either? And the answer
is yes. If we get our application in for the next ten-year permit, while it was under review, we would have the ability to
maintain the system under the old permit. So, as long as it's under a viable review process, they typically give you that
latitude. The one year extension gives us time to consider a modification to it and for a new expanded application.
MS. WOMBLE: Okay. So, what are the steps that we have to take in order to request it just to go on and do
it?
MR. PETTY: Mr. Chairman, I think what you'd look for is a decision to be made by the County
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Commissioners who are the uttimate decision makers here. You would be telling them that it is your preference and
your recommendation to go forward X under certain conditions and you would ask them to support that. If they found
that their responsibilities did not allow them to support that, at least you would know and then you would move forward
from there. But right now, basically, we are in conflict with staffs direction.
MS. WOMBLE: Okay. By "staff', are you talking about.....
MR. IAIZZO: County staff.
MR. PETTY: County staff. And with all due respect, because we've enjoyed working with Mr. McAlpin and
certainly with Mr. Mudd and his staff, including Leo, and hope to continue to do so after today. With that being said,
the votes here have indicated that you would allow for the one-year extension application with that caveat of control of
the direction of the permit and control of the funds from Pelican Bay supporting the permit. And, we have received
new information where we think that it appears that the one-year extension would indicate that there would be other
people involved and that you would be making your decision along with other people versus just the Pelican Bay
Services Division board.
MS. WOMBLE: However, we have been doing this, I was under the impression and I read the letters to the
editor, I read and was here when all of that was going on. And, as I recall, the commissioners were thrilled that they
had a body, this body, the Services Division Board in place that could take care of the little things that they didn't want
to be involved in, and they considered it a little thing. Now, thafs changed and Gary McAlpin is with us and has been
helping to advise and be part of this, and I understand probably a little more than some people who haven't been
actually here as long as I have. And, I'm concemed that on the one hand you go do all that little stuff and leave us
alone and on the other hand, oh, guess what, now I'm interested. And, we've done a good job. Thank you, John.
We've done a good job and our mangroves are looking pretty damed healthy after a bunch of hurricanes and who
knows what else. Also, I'm a bit insulted. This is not all that encompassing. I have read it and I do understand that
we really have done a nice job. Dr. Tomasko actually was rather complimentary. And I don't see any real reason
unless the commissioners can come up with something or Gary can stand up here and just tell me, Mary Anne, I want
you to just be quiet because what bad can come of this if we do change things along the process and everything's a
process. And this has been in place for ten years. Let us go on and continue doing this, and if we find through your
group that there needs to be some changes, then so be it. You already said there have to be other permits. If the
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commissioners, and I'm sure, Gary, you've got your reasons and I'm sure that you will be talking with the
commissioners, but Iefs find out what they have to say. I see this as we're part of a body being put in place by the
commissioners. As I recall, I was appointed by the commissioners as were everyone else on this board. I'm not
against the commissioners. I would like to know what their thoughts are. Sunshine laws are holding us back from a
lot of information. Lefs find out. I mean, if they don't like the idea, they'll tell us, and then we go ahead and go for the
extension, but lefs go on and try and let people realize that we have done the job. You may not have been around as
long as others on this board, but the whole idea is the ecology, the environment, and making things better for all of us,
not just Pelican Bay, but the entire Clam Bayestuary And, if it means that we continue maintaining things and getting
better, for heaven's sake, hello, good idea. So, is there a reason why this is a silly thing to do, Gary? Can we just go
on and go through this process and get our permit and have the commissioners say thank you very much if you are
doing well?
MR. MCALPIN: Is that a request or a response?
MS. WOMBLE: Actually, you have been very complimentary in your own right with our group. So, knowing
that and knowing that you are interested in the environment and the ecology of the area and knowing that. . . ..
MR. MCALPIN: Thank you, Mary Anne.
MS. WOMBLE: As I was saying, you know the process for permits better than any of us do.
MR. MCALPIN: Thank you, Mary Anne. And I do want to reemphasize our position that Pelican Bay has
been excellent stewards. The County's position is that what they believe is, the right way to approach this is for a
one-year extension of the existing permit and then during that time, vet all the issues, other issues, and decide how
and when to move forward with the new permit request. That will address some of the items that we have talked
about like water quality. Be that as it may, if this board feels like they want to get other direction from the Board of
County Commissioners, I think thafs your option at this point.
MS. WOMBLE: What water quality? You mentioned that a couple of times. Gary, since you're at the
microphone, what water quality concems do you have? I'm really interested in....
MR. MCALPIN: My biggest concem with water quality at this point in time is the information that is floating
around in the system as we speak right now. The weight....
MS. WOMBLE: The store-it?
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MR. MCALPIN: the weight of or the lack of store-its. Store-it is the State system. The data thafs out there,
the data that has been collected and is archived, would trigger, we believe, not necessarily can trigger, but may trigger
DO limits that aren't current to standards, nitrogen limits that aren't to standards, phosphate limits that aren't to
standards, and if we continue out there and we don't address this and clean it up moving forward, it's problematic.
We don't want the State to come in and require the County, ask the County, or tell the County, and the Pelican Bay
Services are not differentiating at this point, to do something and tell us how to do it when there's no control. Ifs
much better to be proactive up front put a program in place. We believe that the program in place doesn't adequately
address these issues and we want to talk about these issues and deal with them in a more comprehensive manner.
We believe that if you go to Tallahassee, or Fort Myers in this case, with a permit requirement, with a request for a
new permit, and these items are not adequately addressed, it's going to come right back to you and they're going to
request other information. So, why not deal with it all at once where the County is totally unified in the approach. You
come out for a permit request. Ifs going to be vetted with the entire community. That means that members at
Seagate will have an opportunity to comment on it, the members of the City of Naples will have an opportunity to
comment on it, members of other areas, other locations with the county will have an opportunity to comment on it.
We would like to see that those comments are very positive and reflect a total community effort. And thafs our point.
MS. WOMBLE: Okay. Hold on. If the permit is applied for.....
MR. MCALPIN: Yes, ma'am.
MS. WOMBLE: not the extension, but the permit... ..
MR. MCALPIN: Yes, ma'am.
MS. WOMBLE: we've all discussed that it can be a rather lengthy process before ifs a done deal and that
wouldn't be for awhile probably. Am I correct that it would come back to the community and a voice would be given to
anyone who had a problem?
MR. MCALPIN: Yes, ma'am. A new permit application for a ten-year permit. It would go to a vetting process
where the DEP will announce that there's a permit request and people will have an opportunity to comment on it with
the entire community. And once that activity starts and if the existing permit would need to be extended again, thafs
typically the way that those things happen.
MS. WOMBLE: Got you.
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MR. MCALPIN: Okay. Thank you.
DR. RAIA: Excuse me, Gary.
MR. MCALPIN: Yes, sir.
DR. RAIA: You were just referring to the entire area. Would you describe what you mean by the "entire
area"?
MR. MCALPIN: Well, I, let me talk about the stakeholders, okay, because the stakeholders in this, that have
expressed interest whether you believe they are true stakeholders or not or the people that have expressed interest in
this permit renewal that will have some input on the permit comes up for discussion will be the City of Naples and will
be Seagate, which is a joint map of the City of Naples. And, obviously, the County and Pelican Bay Services Division.
DR. RAIA: Thafs a little broader scope than what we've usually deait with here.
MR. MCALPIN: Right.
DR. RAJA: I mean, we're not an arm of the county outside of Pelican Bay. By law our geographical limits are
north Seagate, south of Vanderbiit Beach Road and west of 41. That's it. I don't see how we can intervene in the City
or in other unincorporated areas of the County. It's not that we don't, I want to address the problem.
MR. MCALPIN: I understand.
DR. RAIA: I think the problem is bigger than Pelican Bay.
MR. McALPIN: And that may be.
DR. RAIA: Why can't we go ahead and get our ten-year program - permit started? It can always be
amended if the County feels that thafs the venue for taking care of Southwest Florida. Fine. But, I really think they
had to come up with another agency that will encompass Pelican Bay, Seagate, City of Naples, unincorporated areas
of the County east of us. That is just not our charge.
MR. MCALPIN: I understand. And thafs the part of what the discussion group is discussing. I mean, we're
talking about these issues and other things may come up you know, that are -- that are discussed and moved into,
and I'm not going to make any speculation at this point in time, but we're going to have some discussions about these
seven items that I talked about, you know, that were points of concem with this. What you have to realize though is
the permit that you have is a broader permit than just Pelican Bay Services Division at this point in time. It's a broader
permit. It comes broader even -
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DR. RAIA: Look atthe mangroves or through......
MR. MCALPIN: Ifs broader than mangroves.
DR. RAIA: geographical area, larger.
MR. MCALPIN: No, no, no. Ifs broader than mangroves. Ifs broader than mangroves. And, plus, that may
be the issue. So, part of this discussion may be that there has to be three permits. I'm not talking, I'm thinking as I'm
talking. There may be a mangrove permit, there may be an estuary permit and there may be an ebb tide shoal
permit. I don't know, but........
DR. RAIA: If this..... but, Gary, you're missing the point. Excuse me.
MR. MCALPIN: Okay.
DR. RAIA: Are these permits or these things you're stating, are they within Pelican Bay or do they
encompass areas outside of Pelican Bay?
MR. MCALPIN: The permit... .....
DR. RAIA: Basic geographical problem and... ...
MR. MCALPIN: The permit that you would be applying for would be a ten-year management permit to
manage the Clam Bay system, which would include upper, middle and lower Clam Bay. Thafs pretty broad. Okay.
DR. RAIA: But thafs all in Pelican Bay.
MR. MCALPI N: I think that's where the point of contention is, that part of this also lies, or is impacted by the
City of Naples.
DR. RAIA: I'm going to have to defer this to our attorney sitting here. Heidi, what do you... ....
MS. ASHTON-CICKO: What's the question? Dr Raia, I'm sorry, I didn't hear what your specific question
was.
DR. RAIA: Does our responsibility and authority as appointed by the county commissioners extend outside of
the geographical areas of appointment by the County Commissioners?
MS. ASHTON-GICKO: Well, the ordinance that sets your charge, your primary function is related to
budgetary issues related to your municipal services, taxing and benefit unit district, which is Pelican Bay primarily.
DR. RAIA: Okay. Thank you.
MS. ASHTON-CICKO: Does that answer your question?
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DR. RAIA: I hope so. It sounds good to me.
CHAIRMAN CONNELL: Yes, sir.
MR. GIFFORD: Good afternoon. I'm Don Gifford, and I've attended many of your meetings. I've also
attended some of these ecological meetings down on Collier Boulevard. I was very impressed with the Toma~ko
report. And it reaffirmed my personal suspicion that Clam Bay and the mangrove restoration was very well being
taken care of. I couldn't understand why those people who are abutting Clam Bay within the City of Naples would be
so critical of the efforts of the services division in shepherding that permit for Clam Bay. And I feel that the situation
by the County and by the City of Naples is being enlarged, as several of you members have suspected, and I wonder
whether you would be able to say how much the services division has been paying Tim Hall for his stewardship over
these years. Is the services division paying it, is the County paying it, the City of Naples paying it?
MR. IAIZZO: The residents are paying it.
MR. GIFFORD: How much is it roughly?
MR. IAIZZO: The records may show that. John could pull the records, but we pay hundreds or thousands
each year.
MR. GIFFORD: It's quite a bit of money that I have never seen reported in the newspaper articles. There's a
reporter for the Daily News by the name of Eric Staats, who has been rather cynical, and I thought biased in favor of
the stakeholders, as everybody likes to talk about it in the political campaign. Stakeholders are 98 percent Pelican
Bay residents, 13,000 of them, and perhaps 130 to 200 in the Seagate Naples area. To bring Venetian Bay into it, I
don't know how many more stakeholders you're going to bring in at Pelican Bay's expense, because I have not yet
heard what the County is planning to contribute toward this estuary redo. Thank you.
CHAIRMAN CONNELL: Thank you. Yes, sir.
MR. FINNEY: Yeah. Doug Finney, City of Naples. I've been involved in an issue with the FDEP down in the
City, submerged land lease with the city dock and the only reason I'm bringing this up is because it has involved the
FDEP. I've had discussions with Leo Howard, who is the Deputy General Counsel several times, you know,
exchanges and everything. The one thing different have been some conflicts in the city over this submerged land
lease with the FDEP, and one thing that I've leamed is the FDEP doesn't like conflicts on their desks. They want all
the conflicts worked out locally. Then they will take on submissions, but they really don't want somebody filing a
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permit and then somebody else down here filing a challenge to that permit or objections to that permit or filing for their
own permit, which probably the Seagate people could do. They want all conflicts settled locally. Then you go to the
FDEP. And I think thafs kind of what Gary is trying to do, is he's trying to bring together a group of stakeholders. You
can argue that maybe Pelican Bay has more influence in Clam Bay than the City of Naples or not. You can say that
the Tomasko report, which is water quality based on modeling, not water quality test sampling is bad or is good for
the City of Naples. The point is we need to know more about whafs going on out there. I think everybody's in
agreement we need to do additional water testing right now. We just got an opinion from the City of Naples or the city
attorney that the Moorings Bay taxing district can spend funds to support expanded water quality testing in Moorings
Bay, which is what Mike Bauer wants to do so, basically, I think what this whole group is trying to do is actually bring
people together. Ifs not trying to be a big conflict. Granted, I think Pelican Bay has to look on it as, I understand your
concem, just like other people are sticking their nose in our business. But to a certain degree, that estuary is not
owned by Pelican Bay, you know. It's owned by the County and ifs used by everyone. Myself, I use it all the time.
But I do know one thing and that is, the FDEP doesn't like conflicts to be hitting their desk. They want that all settled
down here. So, I hope you can settle all your disputes locally and not let it be fought in Tallahassee.
CHAIRMAN CONNELL: As regards that, it's been my experience that that sort of an attitude about resisting
conflicts and so forth is genetic and bureaucrats.
MR. FINNEY: Probably.
CHAIRMAN CONNELL: May we move on now, please?
MR. BOLAND: Please.
CHAIRMAN CONNELL: And we have very little left.
MR. PETTY: I'm sorry, Mr. Chairman. I just wanted to say is there any action that you want us to take? If
not, as soon as the application comes in, we will submit it to the County for their review.
MR. IAIZZO: Can we make a motion to proceed with the contract and see where it collapses?
DR. RAIA: I second it.
MR. BURKE: Are you trying to -
MR. McALPIN: What is the motion?
MR. IAIZZO: A ten-year contract.
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MR. PETTY: Without any additional action, Tim should be done with the draft letter for the extension, which
would be submitted to the County as a draft for their review in consideration under the dual signatures. Without any
action here today, that's what will happen.
MR. BURKE: John, with the extension, we can continue to do what we have been doing? The extension is
just the permit extended for a year, right?
MR. PETTY: Under dual signatures, I'm not so sure who we are anymore but, yes. The intent of the
extension would be to follow the general rule. The trouble is who's "we"?
MR. BURKE: Well, there has always been dual signatures.
MR. PETTY: No, sir.
MR. BURKE: Maybel.vegotthe.......
MR. PETTY: No, sir.
MR. BURKE: wrong contract.
MR. PETTY: Very specifically, and I pulled the record just to be sure because I thought it was by accident
myself. And that's whafs got me asking the question today. It was, I've got a stack of Executive Summaries this tall,
and it is all about Pelican Bay Services Division being held accountable for this action. And, it's all coming from
Collier County. So, I'm looking at that and saying, I've got a bit of conundrum. I've got Collier County staff asking me
to change a position that was voted on by commissioners. So, if I do what the County wants, I'm technically in
violation of what the commissioners told us to do ten years ago, which is why you may want to think about having the
commissioners, with all due respect to staff, the commissioners validating this change in policy before you do
anything.
DR. RAIA: I think if the commission actually wants to add their name to this, ifs to make us the umbrella
organization to handle problems that are outside of Pelican Bay. And I really oppose that. I think this board should go
up or down to move along with the ten-year permit. During that review, we are able to continue what we're doing. The
commission and/or the County can only amend that, piggyback on it, do anything they want. But I think they should
come up and decide if they want to have another umbrella agency that is over us. We just become part of it to handle
Pelican Bay. Or they come up with a statement that they will fund anything that is outside of Pelican Bay. That's my
major concern. I'm here to protect the costs to the people, residents of Pelican Bay. I don't want to fund anything
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outside of it. So, I'm going to make a motion right now. I move that we proceed with the request for the ten-year
permit.
MR. IAIZZO: That's already been made ten seconds ago. It's now open for discussion here.
CHAIRMAN CONNELL: Discussion.
MS. WOMBLE: I'd like to hear what Heidi might have to say.
MS. ASHTON-CICKO: I don't know what I was going to say now that - (laughter). What I was going to say
is that ten years ago when the permit was applied for, it was in the name of the Pelican Bay Services, an STU entity at
that time, which was a little bit separate name than you have right now. And, that would have been through some sort
of delegation of authority by the Board of County Commissioners because the Board of County Commissioners is the
legal entity. You are board members but as the board members yourselves, you know, you don't have the authority
as a group. You're not an entity. So, in order for Pelican Bay Services Division to sign off, it would have to go to the
Board of County Commissioners. So, if you choose to recommend to the Board of County Commissioners that you
want to proceed with a ten-year renewal, not a renewal, but a new permit that will go to the Board of County
Commissioners through the Pelican Bay Services Division staff, but you will have the County Manager and his staff
recommending against that course of action. I was going to recommend to Gary at the end of the meeting that
perhaps maybe if the County Manager prepared a fax sheet that might answer some of the questions that you have,
that could be distributed and then heeded, might be of assistance. I've got very limited knowledge in this issue, but
my understanding is the extension would be under the same terms and conditions. And in talking with Gary, it would
be unlikely that the DEP would start imposing new obligations at this point. It would just be continuing your current
obligations and conditions. I think that perhaps with more communication, it might help this board to understand
where the County Manager is coming from and the cost efficiencies in doing a joint permit. I don't know if there is a
timeframe that this has been to be done today, but you might want to give Gary an opportunity, and I would be able to
work with him to prepare a fax sheet that might answer some of the questions that we've heard today. Is that
possible?
MR. PETTY: I don't think so. We have 60 days before we end up in some fairly deep problems. We've
asked for as much information from the County as I think counsel's new suggestion is not a new suggestion, but
we've asked for that information for some time. I think you have the information before you. I think that there are a lot
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of issues to be discussed that can't be quantified here. If there are economies of scale of this permit working with the
County system, we have not heard it, nor do we know about any County plan, nor has it been discussed before the
commissioners. And, again, we run into our conundrum. We're working undemeath the permit where Pelican Bay
Services Division was delegated and spelled out to be the signature on not only the permit, but the permit application
process. There's a change that's being approached here. Not yet. There's a change in the current policy, and all I'm
saying is good, bad or indifferent, I cannot vouch for your two caveats from the prior meeting. I am actually personally
very much in support of several of the objectives that have been mentioned. I think water quality is something we all
should be concerned with. I think the coastal concept of quality and stewardship is something we all should take
seriously and should expand upon. I just don't think we have gone through our process to the Pelican Bay residents
to that point where we can expand it without doing so.
MR. BURKE: John, hasn't this permit renewal application, didn't we start it a year ago, right?
MR. PETTY: At least, sir.
MR. BURKE: Isn't that in the County Manager's office right now for review and the legal staff?
MR. PETTY: It has been there for over six months, sir.
MR. BURKE: So, we're going to do it again.
MR. IAIZZO: We're going to wake them up.
MR. PETTY: No, sir. I think but I heard the motion was that he would submit that same one; i.e., a letter
saying, this is what our board voted that would go out for the ten-year permit and you would then spell out whether it
be with single signature or co-signature or however you think is appropriate. And, then would you ask for a decision
to be made by the County Commission with due respect to the County Administrator's office, who believes it should
be done otherwise, but that you're asking for direction from the commissioners, who are the legal entities here. And
staff, as professional, as they may be, and as right as they may be, we have the right to ask for the commissioners to
give us true direction here.
CHAIRMAN CONNELL: It seems to me though you reach a point where you're going to have unintended
consequences as we like to talk about, and is that not anything more than antagonistic?
MR. PETTY: I would hope not.
CHAIRMAN CONNELL: Would it possibly get us to the point that we want to be? In other words, what's the
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right thing to do at this juncture? We know, I think we all in this room understand what the consequences are and we
have our strong feelings about the wonderful job we have done, which is true, but I don't think we should go ahead
with something that will be nothing more than antagonistic and will produce nothing. But I could be mistaken.
MR. BURKE: If we knock on the County Manager's door and say, whafs the status of the permit?
MR. PETTY: Yes, sir. Staff has done so and continues to do so, and as early as yesterday in another e-mail
put it on our list of to do things with Mr. Leo Ochs. This is a constant discussion on it. So, yes, sir, we have. And one
of the reasons we are at the Clam Bay estuary meetings is at the request of the County Administrator's office to do
this as a good business practice and we concur. Again, it may be for the right reasons, but maybe it's something that
we can support. All we're asking for is to get off the hook with what we have to approve last week from the staff's
position, because the caveat of control and direction of the permit, you can't guarantee, and control an amount of the
funds that Pelican Bay is responsible for, we may not be able to control either, because we heard conversation
concerning both those aspects. As such, we wanted to make sure that you understood that and ask you to re-ratify
your decision last week understanding those concerns like that.
MR. LEVY: Are you talking about the extension, John?
MR. PETTY: Yes, sir. I'm talking about the extension.
MR. LEVY: The one-year extension? We wouldn't know what our.....
MR. PETTY: Those are our two signatures on the extension.
MR. MCALPIN: Mr. Chair, if I may?
CHAIRMAN CONNELL: Yes.
MR. MCALPIN: I need to leave in just a minute and I just want to say for the record there's no mystery where
the permit stands at this point in time. You have applied for a new permit, a new ten-year permit. The County has
said we at this point in time would prefer and would like to see a one-year extension to your existing permit while we
have a chance to work through those seven items that we talked about. Okay. And that is what is - and we've also
said if the permit that you have is - is issued by Florida Department of Environmental Protection to Collier County
slash Pelican Bay Services Division, Collier County has said, we don't care if there's dual signatures on this permit, if
it's a Pelican Bay signature and a County signature. What we believe, and we believe that this is an insignificant, and
maybe thafs the wrong word to say, but what we need to do is get on the business about reapplying for the permit so
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you continue to do your business and we can get on with the business of maintaining the estuary and moving forward
with what we're going to look at in the future. And, I'm sorry, Mr. Chair, but I have to leave and thank you for your
time.
CHAIRMAN CONNELL: Thank you for your participation.
DR. RAIA: I think -
CHAIRMAN CONNELL: Yes.
DR. RAIA: I think we have to withdraw this motion. It sounds like the commission has already made a
decision and lefs just hope the staff, through Gary, brings before the commission our concern that we do not extend
our services outside the bounds of Pelican Bay. They have to come up with some resolution to that in making their
decision.
MS. ASHTON-GICKO: If I may just comment on that. It has not gone to the Board of County
Commissioners, so they have not voted on this issue. But if you don't withdraw your motion, it would go to the Board
of County Commissioners and they would hear your position and they would hear the County Manager's position and
they won't be in the uncomfortable position of making a decision. So, I just want to clarify the commissioners have
not heard this yet.
MR. PETTY: It's kind of like the uncomfortable position you're in now.
DR. RAIA: Well, who made the motion?
MR. IAIZZO: I did. I'll withdraw it.
CHAIRMAN CONNELL: So, if you are withdrawing your motion for the record, then the next we should, I'm
assuming, proceed with the request for an extension.
MR. PETTY: Absolutely, sir.
CHAIRMAN CONNELL: If that has not already been moved on by this organization.
MR. PETTY: No, sir.
CHAIRMAN CONNELL: May I have a motion to do just that, please?
- --------- - ---------------
Mr. Pendergrass moved, seconded by Dr. Rais and approved on a vole of 910
to proceed with the extension of the permit for one year.
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MR. BURKE: Could we ask John or Barbara to give us a kind of a break out of the money we spend every
year on Clam Bay, where it comes from? Tourist tax dollars, which I believe is $25,000, how much do we assess our
community and then how much on top of that the county pays because that may be good information for us all to be
reminded of.
MS. WOMBLE: Heidi, I really would like a follow up on your suggestion of having a fax sent to us with the
information that you can gamer about their position and why.
MS. ASHTON-CICKO: Okay.
MS. WOMBLE: And if we could all have that before the next meeting on this board so that we have
something to look at and not - the knowledge before we get here so that maybe we won't sit here -
MS. ASHTON-GICKO: Do you want that through the e-mail, it can then go through Barbara or do you want it
part of your backup to your next agenda package?
MS. WOMBLE: I'd like an e-mail so that I have it sooner than later. Thank you.
THE CLAM BAY COMMITTEE AND THE BUDGET COMMmEE AND GOVERNMENT RELATIONS
CHAIRMAN CONNELL: The Clam Bay, Budget Committee and Govemment Relations reports have already
been reported in my report and John Domenie is not here today. Jim, do you have anything else on public
regulations?
MR. BURKE: No, that's it.
CHAIRMAN CONNELL: Thank you.
CAPITAL PROJECTS
MR. PETTY: Mr. Chairman, there are some other items topical in nature that weren't itemized. The most
important one, I believe, is Jean Smith, employee of Pelican Bay for over 25 years, has been receiving medical
treatment for some time. She has exceeded the county's ability to stay a county employee under her term, ever her
status, and she has received her separation papers from the county.
MR. IAIZZO: And thafs because she did not work so long?
MR. PETTY: They have a policy where basically it is FMLA or something similar to that, Family Emergency
Medical Leave of Absence. And, their policy is for 90 days with a possibility of an extension for 30 days, Jean Smith
applied for and received the extended 30. So, they're doing it all within County policies. It's just that her illness has
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exceeded the timeframe of the County policy. It has all been done from, what I understand, in standard form We
wanted to bring it to the board's attention that this is basically an untimely situation for us in that we would like to
consider a remembrance for Jean Smith for her 25 years of loyal duty to Pelican Bay, and she has been keeping the
fort together for us for a very long time. And, since we've never had this occur before, we're looking for so.me
direction on what the board may think is appropriate in the form of such a recognition. It doesn't have to be so much
as what item do you think is appropriate, but we would like some boundaries as far as budget is concemed and what
you would feel appropriate. We were thinking of some type of memorial and possibly a resolution that we could bring
at the next board meeting for consideration.
MS. WOMBLE: When this took place, did she lose her insurance?
MR. PETTY: The insurance is covered for a set period and her medical coverage has already been
pre-approved through the program. And the county's got a pretty good deal going there. There was a COBRA system
of takeover as well.
MS. WOMBLE: Okay.
MR. PETTY: So, the county is not leaving her out in the cold and she's not being abandoned and they're
probably in discussions now over what to do with her SET plan, her IRAs and all of her other issues.
MS. ASHTON-CICKO: I have to look into it, but I think once they're terminated, they can pay with their own
insurance coverage in that they keep it open for 18 months, so I think that if you want to ask any questions or make
any recommendations regarding this termination, I think the Board of County Commissioners would be receptive to
that. Do you understand what I'm saying?
MR. PETTY: Not at all. In other words, are you suggesting that we may be able to get an exemption from
the 90 plus 3D?
MS. ASHTON-CICKO: I don't know about the 90 plus 30. I know the Family Medical Leave Act is 90 days
and then after that they're not required to keep the job, so that must be what they've done.
MR. PETTY: Well, there's a 30-day period that may be awarded if approved.
MS. ASHTON-CICKO: Yeah. I don't know if there's any discretion to exceed that 90 days. There may be if
there's a recommendation by the board.
MR. PETTY: She's already gotten that discretion about the 30 days. That's available to staff. Are you
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suggesting that the County Commissioners may be able to go beyond that period?
MS. ASHTON-CICKO: I know that there have been some options for some of the employees for like an
early retirement, and I think where they retire, if the county would cover their insurance for a couple of years, so I think
if you have some suggestions or the board agrees on the certain course of action, that that could be explored to s~ if
there's any opportunity to provide her any additional relief. That's what I'm suggesting. I don't know the answer. The
answer may be no, but this is the first that I've heard that she was terminated. To the extent there's flexibility, feel free
to make a recommendation.
MR. IAIZZO: You have the approval from the board. I think thafs what you need to go ahead and get some
type of remembrance.
MR. PETTY: We don't have a policy for 25-year employees. We haven't had very many employees here
that long.
DR. RAIA: Could you make a suggestion, John, since you have more experience than we have?
MR. PETTY: For board members we have an assisting policy, a city policy of staying undemeath $500 for
those crystal style awards. It used to be, I think, about $200 but crystal evidently has gone up in value, so it's $500
now. That's our existing policy. Something similar to that is, I think, appropriate for what we're talking about with Jean
Smith, and staff would like to bring back a resolution talking about her servitude her service to Pelican Bay so that she
has something, a little memorabilia, and certainly we would love to have her recover fully and come back to Pelican
Bay where she will always have a home. Our positions have to be filled, of course. Her jobs have to be done.
MR. IAIZZO: Consulting.
MR. PETTY: But that would be a ballpark sir that we would ask you to consider.
CHAIRMAN CONNELL: I would suggest that we do just that, give her a memento for her long service and
appreciation.
If I could have a motion to that effect, please.
MR. IAIZZO: Second.
MS. WOMBLE: We would have to have the motion first.
MR. IAIZZO: I thought you made a motion. Sorry.
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Mr. laizzo moved, seconded by Dr. Raia and approved on a vote of 910 to have
the administrator provide Jean Smith with an award for her yealS of S8Nice.
MS. WOMBLE: If I could just say, I think there's discussion
MS. ALVAREZ: Well, I would just like to comment on one thing, that personally if it could be something
useful, not a piece of crystal.
MR. PETTY: I'm so glad you said that because of this guy thing, you know, we're looking at a hunk of brass,
a hunk of wood. So, if you're going to spend money, make it shiny and something that fits on your finger?
MS. ALVAREZ: A ring, a necklace, a watch, something that truly she can wear.
MR. PETTY: Some people are going to be so happy that you said that.
MS. WOMBLE: Also, if there is any possibility that there could be some help or some continuation of her
insurance or whatever. It sounds to me like she has been terminated from that, too, probably.
MR. PETTY: Well, we've asked for whatever extensions or options were available. We talked with the
interim HR director, and someone who is very familiar with the Pelican Bay Services Group who talks with our people
all the time, and they're very empathetic. I also have a request in to Leo Ochs for any direction that he may have and,
certainly, we have no trouble at all with writing a letter, asking for whatever may be additionally applied or be
considered, that we would like to have that. I think thafs similar to what counsel was suggesting.
MS. ASHTON-CICKO: Yeah. I think if you wanted to make a recommendation in recognition of her service
and extend her insurance for a year or two years or whatever and then she could get COBRA on top of it. I think you
can make that recommendation, but you need to know that that expense would come out of your budget.
MS. WOMBLE: How much are we talking? Anybody have any idea?
MR. PETTY: Well, I can tell you it's always come out of your budget. The expense, we can give you exact
details on at your next meeting. But if you'd like, what we consider as a letter that recommends any and all
extension or considerations towards Jean Smith to be considered by the county and then asked for the county to tell
us what costs would be allocated so that you could consider them. We could write that letter and then discuss with
you the appropriate exposure to Pelican Bay.
CHAIRMAN CONNELL: And you should be able to have that in writing.
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MR. PETTY: We could have the letter sent just simply on the nod from the chair because it's just direction to
staff. We can prepare that letter and then we're not committing you to anything until we hear back from the County.
CHAIRMAN CONNELL: Thank you. Capital we're still on capital projects. John.
MR. PETTY: Sir, let me briefly then talk to you a little bit about mangrove maintenance.
Mr.
Cravens
pointed out that we have a maintenance problem in that we have to maintain the water management's system west of
the berm and then areas are now starting to grow mangroves. So, our spreader swale and our mangroves are
rubbing shoulders and it's not working out. Staff and Mr. Cravens are supposed to get together to come up with
some options for board consideration. We are also talking with DEP, who's very upset about the loss of the
mangroves, and also with South Florida Water Management District, who is mandating that we must maintain the
area as we are or better than. So, we're working with both groups trying to come up with a policy in writing that
substantiates what we should be doing in that system, so that IT is correct for both entities and, hopefully, to the best
efforts of both. And, there is a possible altemative that I need to talk to Mr. Cravens about, about a modification on
the berm so that the negative impact of mangroves so close to the bottom of it may not be a problem. So, we're
looking at our options. Sir, that's all I have on my list and I will now defer to Kyle for the capital projects and
community issues.
MR. LUKASZ: Myra Janco Daniels Boulevard, the median is on track for when the permit gets approved.
I'm just waiting to get back the final proposals for the actual work and it should be scheduled to begin that middle of
April. The other project that we have going on about riding on Vanderbiit Beach Road and also on Myra Janco
Daniels, that one has proved to be a little more of a problem mainly because of the source of power for those two
locations. We've identified the power for over on Vanderbiit is actually a transformer, but we have to come from the
north side of the road and ask that there be some directional borings on Myra Janco Daniels. In other words, boring,
bringing power from Tierra Mar or also possibly I need to talk with FP&L about setting an additional transformer, so
we don't have those plans final right at this point.
CHAIRMAN CONNELL: Any problems with right-<lf-way?
MR. LUKASZ: Depending where the actual power comes from, if it came from with Tierra Mar, we need to
get additional easements to be able to come from that point out to the roadway.
MR. PETTY: Sir, the issue here is not just that. Coming out of Tierra Mar, you're going to be laying electrical
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line on the bottom of the lake and coming out that way, which seems odd, as we are going to ask for other things to
be electrified, if you will, on Myra Daniels Road. And, dropping a transformer, while today may cost a few dollars
more than this undersea electric line, probably would serve us much better for the future need that we have out there,
and it will make me feel better every time I put my hands in the water.
MR. LUKASZ: The sidewalk repair, transportation has completed the list that have been submitted to them
for those repairs. We're going to go through them and make evaluations of the sidewalks and see if any of them are
problem areas that developed, and handle those as they come up.
MR. LUKASZ: Well, actually, John, do you want to address this one here? This is the hurricane
MR. PETTY: I can just tell you what Kyle has told me in that we have gotten our money for Hurricane
Charley. We think ifs a mistake, but we think we should take the money and run. There's been some e-mails from
the County asking Kyle where the paperwork for Charley is, and this is after we got the money put in our account. We
think we should grab the money and run.
CHAIRMAN CONNELL: How much is it?
DR. RAIA: $66,000.
MR. LUKASZ: Well, the latest posting was $52,000. We had received approximately $10,000 previous to
that.
MR. PETTY: One of the people on the e-mail that's asking for this new paperwork is coming from Gary
McAlpin's office. We think we should take the money and run.
MR. IAIZZO: Yes, run.
MS. WOMBLE: Do you want to say it again?
MR. LEVY: So, that would close that item out then?
MR. LUKASZ: Yeah. Ifs pretty close to the amount that we have accepted.
MR. LEVY: Pretty close.
MR. LUKASZ: As John's mentioned, we have had a request for some additional documentation in addition to
what we had submitted that's gone on almost four years ago, and I don't know what the requirement's going to be for
this. But some of it's going to be difficult to get. We're going back four years ago.
CHAIRMAN CONNELL: Thank you very much. Any committee requests? Hearing none, I'll ask for
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audience comments. Yes, sir.
MR. SEIDEL: My name is Steve Seidel. I'm from San Marino. I have a question for Mary Anne Womble.
Getting back to, oh, two, three hours ago, she made a report on the focus groups and the survey and so on.
MS. WOMBLE: The Strategic Planning Committee.
MR. SEIDEL: Yeah. Okay. On those meetings that were held, could you tell me how many people total
participated?
MS. WOMBLE: If I had my minutes and my notes from that particular committee, I could give you a pretty
good ballpark, but I don't have that information with me.
MR. SEIDEL: Well, was it a hundred or a thousand?
MS. WOMBLE: I don't recall, sir. That wasn't important to me because I saw that it was a scope of people.
MR. SEIDEL: Yeah. I know what you're talking about there.
MS. WOMBLE: No. But I would be glad to call you and you can get the information that I have.
MR. SEIDEL: I'm concerned because very often we seem to take surveys around here and get a couple
hundred people out of six, eight, nine, ten thousand.
CHAIRMAN CONNELL: Excuse me. Jim, would you know?
MR. HOPPENSTEADT: 120.
MR. SEIDEL: Total of 120? Out of thousands of people?
MR. HOPPENSTEADT: Yeah. The focus groups were conducted to help drive the survey weren't intended
to answer the survey questions. They were intended to represent the cross-section so that the survey could be
developed.
MS. WOMBLE: Yeah. It was driving the survey. In other words, their concerns were probably pretty much
touched on from 120 people. They were figuring that if that many people would probably come up with most of the
concerns that anybody in Pelican Bay might have, whether it be residential, commercial, or whatever. And after
looking at what they gave me as a draft, it looks pretty good. But, like I said, I may find some discrepancies. But
these are all supposed to be given to every residential unit by March 17. No later than March 17th.
MR. SEIDEL: Thank you.
MS. WOMBLE: Uh-huh.
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CHAIRMAN CONNELL: Motion to adjourn.
MR. PETTY: Hear me before we hear on that. There was one item that I should have brought to your
attention. The Capital Committee have submitted the proper set of plans for Pelican Bay Services Division review.
We have those in our office. We have made some staff comments which we'll be glad to discuss with anybody who
cares about drainage matters. The first review has several staff comments, one of which is, are we going to have to
require a setback since the building is on the backside of the retention area? So, in other words, for us to hold water,
we will have to use the building itself as a wall to hold the water. And that has my concem. Typically we've had a
foot, two foot, three foot, some separation between our retention area and the building itself so that there was an
earthen berm that was the wall. And while we have some buildings that have portions of walls, this would be the first
one where the main foundation, I believe, is the back wall of the retention area. So, that is one of our criteria and
we've asked our engineer to look at any setbacks requirements of the county on our easement. There are a couple
other concerns that Kyle has on flow directions and catch basin design. And the rest is fairly standard in that it is a
calculation of storage volume, because they're required to keep at least the same amount of storage volume. As you
know from past experience, there's a lot of material that we do not review. But basically for those areas of water
management that I just described, that is what's going on now, and again we invite any board member to come up
and get a copy of the plans in the office.
CHAIRMAN CONNELL: Any other questions on that subject?
MR. PENDERGRASS: I have one more question. Sorry. During your report, Mr. Chairman, you said that the
major capital projects we would have to communicate with the community, how we would do that. And I wonder how
we communicate with the community? Is that the established procedure?
CHAIRMAN CONNELL: We do not have such a procedure, but we do have a mailing list, do we not? We've
always made every attempt to get.. . . ..
MR. PENDERGRASS: I think that's a major concern that we have to ..
CHAIRMAN CONNELL: Oh, yes.
MR. PETTY: It depends on the scope. If it's a big capital project like two and a half million dollars, I think we
will look at having dissemination to the public by specific title and project and special meetings designed nothing more
than for input on that.
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We have had done other capital projects of lesser volume, let's say, the eastern berm program where we
collect $250,000. And that was discussed here in public forum over a period of about four to six months.
MR. PENDERGRASS: My concern is not only the capital. It's the impact on the community. In other
words.......
MR. PETTY: And we don't have a formality in that we are restricted. We can make it as big a presentation
to the public as we wish.
CHAIRMAN CONNELL: And my thought is that these two items are not emergency matters at all, but are an
enhancement of the community, but I'd be reluctant to move ahead.
MR. PENDERGRASS: Well, let's not do it this summer.
CHAIRMAN CONNELL: That hurts. May I have a motion?
~-- ----- -- -------- - -----------------~
Mr. Robert Pendergrass moved, seconded by Mr. James Burlfe and
unanimously approved to adjourn the meeting 3:30 p.m.
ADJOURN
There being no further business, the meeting was adjourned by order of the Chairman at 3:30 p.m.
~~
Transcript prepared on behalf of Gregory Court Reporting Service, I nc. by Rose Marie Witt, formatted by Mary
McCaughtry, Pelican Bay Services Division.
7269
RE.CE.\VE.D
Mt>.R 3 \ 200s
_ . ,. _'~~S
6OUrd. ot CJuotJ v.J.\lI..~
Fiala
Halas
Hennlf1(.l_ ..
Coyle J~,~
Coletta
PELICAN BAY SERVICES DIVISION
Municipal Services Taxing and Benefit Unit
I
lA
NOTICE OF PUBLIC MEETING WEDNESDAY, APRIL 2,2008
NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES
DIVISION BOARD AT HAMMOCK OAK CENTER, 8960 HAMMOCK OAK DRIVE, NAPLES,
FLORIDA 34108 ON WEDNESDAY, APRIL 2, 2008 AT 1 :00 P.M.
1. RollCall
2. Approval of Minutes of the March 5, 2008 Meeting
3. Audience Participation
4. Chairman's Report
Nominations and Election of Board Chairman
Nominations and Election of Board Vice-Chairman
Chairman's Selection of Subcommittee Chairs
Foundation Strategic Planning Committee - Mary Anne Womble
One-Year Agreement for Professional Administrative Services
5 Committee Reports
Clam Bay Committee Report
Navigation Markers
Osprey Nesting Pole
Clam Bay Estuary Discussion Meeting (2/21/2008)
Bubblers
Water Quality - Dissolved Oxygen
Status of Clam Bay Renewal Application
Petition to BCC for Release of Clam Bay Permit Application
Budget Committee
No March Meeting - Next Meeting 4/22/2008
Government Relations
Clam Bay Estuary Group Update (Included under Clam Bay)
6. Administrator's Report
Memorandum of Understanding - Utility Site
Jean Smith Proclamation
Capital Projects
Median Improvements - Myra Janco Daniels Boulevard
Sidewalk Lighting - Myra Janco Daniels Blvd & Vanderbilt Beach Road
Community Issues
Sidewalk Repairs
Hurricane Charley Storm Damage
Plan Reviews
Waterpark Place
7. Committee Requests
8. Audience Comments
9. Adjourn
SPEAKERS FROM THE AUDIENCE WILL BE LIMITED TO THREE MINUTES
ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO
ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED I)JjRE;C.QRD OF THE
PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED Tb''E~E THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECQ~ INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE B~ 9. ^~IV PI=RSON
REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECALl~E ~F A DISABILITY
OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE''-' . .11) <;Q7_1749 AT
LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING.
-"pies to.
230..
161 lA
MEMORANDUM OF USE
This MEMORANDUM OF USE is hereby made by the County Manager to establish
Collier County Pelican Bay Services Division's ("PBSD") use of property owned by the Board
of County Commissioners of Collier County, Florida, as the Governing Body of Collier County
and as Ex-Officio the Governing Board of the Collier County Water-Sewer, hereinafter referred
to as ("County and CCWSD") on this day of ,2007.
WITNESSETH
WHEREAS, County and CCWSD is the owner of record of a certain tract of land,
pursuant to Resolution 91-216, as successor to the dissolved Pelican Bay Improvement District,
within Pelican Bay, a subdivision of Collier County, Florida, that is described in Exhibit "A,"
attached hereto; and
WHEREAS, because the Board of County Commissioners is the governing board of
County and CCWSD and PBSD is a Division of Collier County, there will be no exchange of
monetary compensation or other compensation for the use of the Property; and
WHEREAS, ~ 125.74 (g) provides that the County Manager has the specific power and
authority to supervise the care and custody of all county property; and
WHEREAS, CCWSD is decommissioning its utility facilities on the Property and will
be operating and maintaining reclaimed water pumping station and reclaimed water storage
tanks; and
WHEREAS, located upon Property is a building that has been occupied and utilized by
PBSD over the past eighteen (18) years for PBSD operations; and
WHEREAS, PBSD desires to continue to occupy the building for its operations (e.g.,
governmental office, delivery of horticultural related goods and products, horticultural storage,
fertilizer storage, horticultural chemical storage use); and
WHEREAS, County, CCWSD and PBSD desire to continue with their understanding of
the arrangement for use of the Property;
NOW, THEREFORE, in consideration of the above premises, and mutual covenants,
terms and provisions contained herein, County, CCWSD and PBSD agree as follows:
SECTION I: THE COUNTY AND CCWSD'S RESPONSIBILITY
1.1 CCWSD will retain all the existing reclaimed water storage tanks, pump station, and all
other facilities and structures related to current operation.
1.2 County and CCWSD will provide PBSD as well as PBSD's assignees, agents, employees
with non-exclusive use of the Property for its operations (e.g., governmental office,
delivery of horticultural related goods and products, horticultural storage, fertilizer
storage, horticultural chemical storage use).
1.3 CCWSD will maintain comprehensive general public liability insurance on the building
located on the Property. The coverage will include fire and extended coverage on PBSD
furniture, furnishings, removable floor coverings, equipment, signs, and all other property
of PBSD in the Property. From time to time, CCWSD will pay for renewals of the
insurance before it expires. CCWSD will notify PBSD of the liability insurance cost on
161 lA
or about October 1 sl in advance of the February 1 sl due and payable date. The payment is
to be made directly to the CCWSD. During the first year immediately following the
execution of this MOU, CCWSD will notify PBSD of the liability insurance cost on or
about December 1 st in advance of the February 1 sl due and payable date. The payment is
to be made directly to the CCWSD.
SECTION II: PBSD'S RESPONSIBILITY
2.1 PBSD agrees that all rights and title to any alterations, additions and improvements made
to the Property during the term of occupation shall vest in County and CCWSD upon
installation shall not be removed and shall remain on the Property.
2.2 PBSD will not cause or allow any lis pendens, construction, labor, mechanic's or
materialman's lien to be filed against the Property, County and CCWSD or County and
CCWSD's real or personal property. In the event of the filing of any lien, or any other
charge whatsoever against the Property, County and CCWSD or its property, PBSD shall
immediately take all necessary action to secure the release of same and shall provide, at
PBSD's expense, all bonds, security or undertakings to accomplish the release of such
liens. PBSD agrees to defend any lawsuit indemnify and hold County and CCWSD
harmless from all liability, damages associated with this provision, expense and costs
including reasonable attorney's fees.
2.3 PBSD will not cause or allow any code violations, including violations with regard to the
storage and disposal of any chemical agent to be filed against the Property, County,
CCWSD or County and CCWSD's real or personal property. In the event of the filing of
any code violation, or any other charge whatsoever against the Property, County,
CCWSD or its property, PBSD shall immediately take all necessary action to secure the
release of same and shall provide, at PBSD's expense, all bonds, security, or
undertakings to accomplish the release of such code violations. PBSD agrees to
indemnify and hold County and CCWSD harmless from all liability, damages associated
with this provision, expense and costs including reasonable attorney's fees.
2.4 PBSD agrees to manage horticultural debris storage in the existing horticultura1 debris
storage area. PBSD also agrees that the horticultura1 debris storage area shall be cleared,
leveled, and lined with a concrete pad. PBSD additionally agrees that debris and waste
which may be temporarily stored in the open must be kept in suitable receptacles with
tight fitting covers. PBSD further agrees to contract with a licensed franchised waste
hauler to dispose of all waste on the Property and maintain the Property and temporary
waste storage site in an environmentally clean, safe and sanitary condition according to
all applicable governmental statures, ordinances, guidelines, rules and regulations.
2.5 PBSD will provide, as necessary a separate drainage, collection or separation system to
ensure that no untreated liquid waste from any type of operation be discharged directly
into the storm drainage or sanitary system.
2.6 PBSD will pay for all utilities with respect to the Property or the occupancy thereof,
including without limitation, all costs of electric, water, sewer, trash pick up, refuse
removal, telephone and other services. PBSD shall have the privilege, at its expense, to
access the water, storm water management, electrical, and phone utility service facilities
during the term of occupancy. Should PBSD operations require additional service
facilities, PBSD shall, at its expense, extend such facilities to the Property and pay the
161
1A
cost tor all labor and materials. County and CCWSD's obligation under this provision
shall be limited to the facilities presently constructed as of the effective date of this
MOU.
2.7 PBSD may, at its sole expense, employ security personnel or maintain alarm systems.
County and CCWSD is under no obligation to provide security to the Property.
2.8 PBSD will pay when due all special assessments, excises, license fees, and permit fees of
whatever nature applicable to its operation.
2.9 On or before February 1st of each year while this MOU is in effect, PBSD will pay'
CCWSD's cost for maintaining liability insurance the building located on the Property as
described in Section 1.3 of this MOU.
2.10 PBSD will not perform or tilil to do any act with respect to the Property, may not use or
occupy the Property, or conduct or operate in a manner that is objectionable to the
insurance company, that causes them to void or suspend any insurance or that causes
them to increase the premiums above the amounts that would usually have been in effect
tor the occupancy under this Memorandum of Use.
2.11 PBSD agrees that it will not allow any signs, cards, or placards to be posted or placed on
the Property except signs acceptable to County and CCWSD. All signs shall be approved
in advance by County and CCWSD, and shall conform to all ordinances and codes of
Collier County and shall not extend above or beyond the extension of the walls and
ceilings of the buildings constructed on the Property.
2.12 On-premises directional signs, not exceeding six square feet in area and four feet in
height, intended to facilitate the movement of pedestrians and vehicles within the site
upon which such signs are posted are allowed. On-premises directional signs shall be
limited to two at each vehicle access point and a maximum of four internal to the
development. Internal signs are not intended to be readily visible from the road.
2.13 PBSD agrees to refrain from any act or omission which would interfere with or adversely
affect the surrounding neighbors, disturb the quiet enjoyment and use of the surrounding
property. Activities which may constitute hazards include but are not limited to any
activity on the Property which directly or indirectly produces unlawful amounts or levels
of chemical, biological, air pollution (e.g., gasses, particulate matter, odors, fumes, smoke
or dust), water pollution, noise, glare, hear emissions, radioactivity, excessive or
offensive trash accumulation, or bird, rodent, or insect attractants).
2.14 PBSD acknowledges that no representations as to the condition of the soil, or the geology
of the soil, on the Property, expressed or implied, have been made by County and
CCWSD, its officers, employees or agents prior to or at the execution of this MOU.
2.15 PBSD will not commit, not suffer to be committed, any waste on the Property, including
physical damage to the Property, either negligent, intentional, or fail to repair and
maintain the Property.
2.16 Throughout the term of occupancy, PBSD will keep and maintain, at its own cost and
expense, the Property and any improvements, fixtures, equipment, or landscaping
thereon, in good order and repair. PBSD shall make all necessary repairs thereto,
including, without limitation, all structural and non-structural repairs, including repairs to
building interior, building exterior, paving, site improvements, fixture, facilities and
equipment, and shall replace all broken glass. All painted exterior surfaces and surfaces
requiring treatment of any kind must be maintained in good condition and must be
repainted or treated when reasonably required to preserve the structure and to maintain
16/ 1 A
high standards of appearance. In the event PBSD fails to promptly undertake and satisfy
the obligations imposed herein within ninety (90) days of written notice by County and
CCWSD to PBSD, County and CCWSD shall have the right to effect such repairs and
recover those costs and expenses from PBSD.
2.17 PBSD will prepare the site for hurricanes and perform the necessary clean up activities
after the event.
SECTION III: TERMINATION
3.1 This MOU will remain in full force and effect from the date first written above and will
terminate as provided in this Section.
3.2 This MOU may be revised as necessary by mutual written consent of the Public Utilities
Administrator, PBSD Administrator, and subject to approval of the County Manager by
issuance of a written amendment or revised MOU, which is signed and dated by all
parties.
3.3 Any party may terminate this MOU by providing sixty (60) days written notice.
3.4 In the event of termination by County and CCWSD, County and CCWSD will return the
portion of the pro rata share paid by PBSD for liability insurance described in Section 2.9
that is equal to the proportion that the remaining term of the insurance policy bears to the
total term of the liability insurance policy.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Use to be
executed:
PUBLIC UTILITIES DmSION
PELICAN BAY SERVICES DIVISION
Reviewed by:
Jim DeLony, Administrator
Reviewed by:
John Petty, Administrator
Date:
Date:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
OFFICE OF THE COUNTY MANAGER
Approved by:
Jennifer A. Belpedio, ACA.
Approved by:
Jim Mudd, County Manager
Date:
Date:
PREPARED BY COLLIER COUNTY REAL ESTATE SERVICES
Approved by:
Toni Mott, Interim Manager,
Real Estate Services
Date:
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PROCLAMA nON
RECOGNIZING JEAN C. SMITH FOR HER 24 YEARS OF LOYAL AND
DEDICATED SERVICE TO PELICAN BAY
WHEREAS, Jean C. Smith was initially employed with Pelican Bay Improvement
District, an independent special district, located in unincorporated Collier County,
Florida. During which time Jean served as operations analyst and in such capacity
provided important duties that rendered valuable assistance to a nationally recognized,
award winning, first of its kind planned urban development community known as Pelican
Bay, Florida.
WHEREAS, in June 1990, Pelican Bay Improvement District was dissolved with its
responsibilities absorbed by Collier County Government. Jean continued her service to
the community as a member of the Pelican Bay Services Division of Collier County.
WHEREAS, Jean Smith was integral to the internal operations within the Division and
that she carried out her responsibilities with great zeal and dedication appreciated by all.
She approached her work with a seriousness and committed effort that has lasted
through-out her tenure.
THEREFORE ON BEHALF of the Pelican Bay Services Division Board of Collier
County, LET IT BE KNOWN that it is declared and proclaimed our appreciation to Jean
Smith and her family with a grateful heart for her many years of services. Also, that this
proclamation be spread across the official minutes for all time.
Dated April_, 2008
John T. Petty
Division Administrator
Coleman Connell
Chair
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Maps on file with the
Clerk's Office
for
Item #16IIA
The Waterpark Place
Phases III & IV
F. I 1:1\.. 'y \1C
la a ' "<,. ,
Halas . 1/1 !>"U _
. --'("'"~
Hennlng._<__._. ~
(~OYle&~ _
'Joletta -Ef"'--. -----.
1 ~~cEdtAD
APR 0 3 2008
Board of County Commissioners
PELICAN BAY SERVICES DIVISION
Municipal Services Taxing and Benefit Unit
NOTICE OF PUBLIC MEETING
THURSDAY, APRIL 10, 2008
NOTICE IS HEREBY GIVEN OF A WORKSHOP OF THE PELICAN BAY
SERVICES DIVISION BOARD AT HAMMOCK OAK CENTER, 8962
HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON THURSDAY, APRIL
10,2008 AT 1 :00 P.M.
1 . Roll Call
2. Review of the Ten Year Clam Bay Restoration and
Maintenance Plan
a. Presentation of Clam Bay Public Information Video
b. Summary Status Report by Turrell Hall & Associates and
Pelican Bay Services Division
c. Open Discussion on the program and future objectives
ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS
MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT
SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-1749 AT LEAST
FIVE CALENDAR DAYS PRIOR TO THE MEETING.
Misc. Corres:
Date:
item II
~
,. I iEjd:
.Iaa
~alas --.
'.18 nnlng.~-. .n==
I V \ --.
::oy 8 - -
I-;oletta. ------
RECEIVED
lLAfR212008
HYd J County im~oners
PELICAN BAY SERVICES DIVISION
Municipal Services Taxing and Benefit Unit
NOTICE OF PUBLIC MEETING
TUESDAY, APRIL 22,2008
NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE BUDGET
COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD AT
HAMMOCK OAK CENTER, 8960 HAMMOCK OAK DRIVE, NAPLES,
FLORIDA 34108 ON TUESDAY, APRIL 22, 2008 at 1 :OOPM
1. Roll Call
2. Approval of Minutes of the February 26, 2008 Meeting
3. Audience Participation
4. Accounting Operations Report
5. Discussion of Capital Projects
6. Budget Calendar
7. Reserve Policy
8. Any New Service Considerations
9. Audience Comments
10. Adjourn
ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES
DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND
THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL
ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR
PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT
(239) 597-1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE
MEETING.
M-. CoMI:
o<Rllte:
Itd~#:
-,:~lik'5Io
(Ojala
Halas
Henning
C:;oyle
Coletta
....-.,.. ,- ~-, ,~'"
L.-l."I' A
-/1 1/ ,4...AU<--~
COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE
RECEIVED
1 e, 0 1100A
ril7, 2008 at 9:30 A.M. iJoard of County Commissioners
Collier County Community Development Services Building, 2800 N. Horseshoe Dr, Naples, FL,
Conference Room # 609 / 610
AGENDA
NOTICE: PERSONS WISHING TO SPEAK AT THE MEETING NEED TO COMPLETE A "REQUEST
TO SPEAK" FORM. SPEAKERS MAY BE LIMITED TO THREE (3) MINUTES FOR DISCUSSION
UNLESS ADDITIONAL TIME IS GRANTED BY THE COMMITTEE.
ALL PARTIES PARTICIPATING IN THE PUBLIC MEETING NEED TO SPEAK ONE AT A TIME AND
STATE THEIR FULL NAME AND COMPANY THEY REPRESENT, IF APPLICABLE, SO THAT THE
COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD
OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT
A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
PLEASE ENSURE ALL PAGERS AND CELL PHONES ARE OFF OR IN A QUIET POSITION.
1. CALL TO ORDER
A. Roll Call
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES: March 3, 2008
4. COMPLAINT REPORT -- Michaelle Crowley
5. NEW BUSINESS
A. New Applications
1. Palm Coast Transportation - New CTO
2. Gulf Shore Transportation -- New CTO
3. Checker Airport Transportation - New CTO
4. Carey Limousine Florida Inc -New CTO
5. USA Transportaion - New CTO
Owner: George Westgate
Owner: Raul Reyes
Owner: Judith Griffin
Owner: Roberto Martinez
Owner: Penney Vitale
6. OLD BUSINESS
A. CTO number Notice of Change Leiter to CTO holders
B. Citation to companies not advertising according to Ordinance
C. Independent Operators wrongly classified by employers
D. Dolphin Transportation - "Tuk Tuk" Service
7. SPEAKERS
8. NEXT MEETING DATE: May 5,2006
9. ADJOURN
MISC. Cooes.
Date.__
,'em #lla_l.J A 2.4
1
. . ~~)~t; ;/(
ala ... t7;.-;.-L
halas ...:r=-.
Hen r!i"9'._--.-----;:;~
Coyle
Coletta
Radio Road Beautification M.S.T.U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
March 18, 2008
AGENDA
I. Call Meeting to Order
II. Attendance
III. Approval of Agenda
IV. Approval of Minutes: February 19, 2008
V. Transportation Services Report
A. Budget Report- Caroline Soto
B. Project Manager Report - Darryl Richard
VI. Landscape Maintenance Report
A. Monthly Report- Advanced Lawn
VII. Landscape Architects Report- Michael McGee
A. Monthly Report
B. Radio Road Project Phase I and Phase II-A
VIII. Old Business
A. Greenway Path Public Meeting and Plans
B. Continuation of landscaping east of Santa Barbara
IX. New Business
X. Committee Member Comments
XI. Public Comments
XII. Adjournment
RECEIVED
16 Bot~~~l ~~~~sionern
The next meeting is scheduled for Apri/15, 2008 4:30 p.m.
2885 Horseshoe Drive South
Naples, FL 34104
Misc. Corres:
Date:
Item I:J G T l A ZS
'~0ryie~, tc
Fiala
Halas
Hennin9----
Coyle
Goletta n___._______
Radio Road Beautification M.S.T.U.
Advisory Committee
2885 Horseshoe Drive South
Naples FL 34104
RECEIVED
4PR 2 ~ 2Qll8
1 Crd if county.LJ;\..;oners
" ,.
February 19,2008
Minutes
I. The meeting was called to order by Dale Lewis at 4:35 PM.
II. ATTENDANCE
Members: Dale Lewis, Betty Schudel, Bill Jaeger, Helen Carella
County: Darryl Richard - Project Manager, Tessie SilIery - Operations
Coordinator, Caroline Soto - Budget Analyst
Others: Mike McGee - McGee & Assoc., Darlene Lafferty- Mancan
Ill. APPROVAL OF AGENDA
Betty Schudel moved to approve the Agenda as submitted. Second by
Dale Lewis. Motion carried unanimously 4-0.
IV. APPROVAL OF MINUTES: January 15,2008
Bill Jaeger moved to approve the January 15, 2008 Minutes as
submitted. Second by Helen Carella. Motion carried unanimously 4-0.
V. TRANSPORTATION SERVICES REPORT:
A. Budget Report - Caroline Soto distributed and reviewed. (See
attached)
. Available Improvements General $536,665.38
. Opened P.O. for Hannula $464,434.62
. Closed P.O. for Advanced Lawn - all remaining monies will be
trans/erred to Other Contractual
B. Project Manager Report - Darryl Richard distributed and reviewed
(See attached).
. (R-16) Numbering of Medians (Bluesky to Airport Rd.) - Notice to
Proceed was issued - Project is paid by III Fund
. (R-15) County Electric Installations quote for "By County" Items
Bid 08-5004 - Bids have not been advertised via the Electronic
Bidding System. It was noted the Project timeline is not impacted.
Quotes will be submitted at the March 18, 2008 meeting
. (R-14) Landscape Maintenance Contract - It was announced that
Advanced Lawn is no loner in Business. It was noted that CLMMisc. Correa:
has prior experience with Radio Road MSTU. The request was D
ate:
Item II:
161
lA
made to approve a "Temporary" Contract with CLM for a 4 month
period based on existing Contract pricing (#063928 Livingston Rd.
section - Vanderbilt Beach to Immokalee Rd.)
Discussions ensued. Based on the condition of the existing
Landscaping it was agreed that Maintenance should be kept to a
minimum during the 4 month interim and should consist of
Mowing, Weeding, and Irrigation.
Discussions continued and it was stated that the Irrigation
installation must be completed prior to Landscaping. It was
reported that a Notice to Proceed has been issued for the Project
and scheduled for completion by July 29, 2008.
Dale Lewis authorized staff to utilize CLMfor a Temporary
Contract period of 4 months based on an existing contract at
bare bones services. Second by Betty Schudel. Motion carried
unanimously 4-0.
VI. LANDSCAPE MAINTENANCE REPORT - None
VII. LANDSCAPE ARCHITECH REPORT: Mike McGee
A. Monthly Report - The Flag Pole light at the entrance of Devonshire
is frosted. He noted that State Law mandates that the Flag must be
illuminated.
Discussions ensued and it was not determined who is responsible for
Flag Pole light Maintenance.
Betty Schudel noted a Queen Palm Tree located in the Median has a
large hole at the base.
Mike McGee responded that he will examine the Queen Palm Tree.
B. Radio Road Project Phase I and Phase II ~ None
VIII. OLD BUSINESS
A. Continuation of landscaping east of Santa Barbara - Darryl
Richard ~ Bill Jaeger announced the CAT buildings are now
occupied.
Discussions ensued and the Palm Tree transfer was questioned. It was
stated that the Trees can be installed after Phase 1.
IX. NEW BUSINESS - None
X. COMMITTEE MEMBER COMMENTS - None
XI. PUBLIC COMMENTS: None
There being no further business to come before the Committee, the meeting was
adjourned at 5:15 PM.
2
Radio Road Beautification MSTU
Advisory Committee
J}~t ~;
Dale Lewis, Chairman
These minutes approved by the Committee on 3. i & - (i ~
as presented or amended J<.
The next meetin~ will be held at 4:30 PM. March 18.2008
Collier County Transportation Buildin~/East Conference Room
2885 Horseshoe J)rive South
Naples. FL 34104
3
161 1A
161 1A
,
Radio Road Beautification M.S.T.U.
Advisory Committee:
2705 Horseshoe Drive South
Naples FL 34104
SUMMARY OF MINUTES & MOTIONS
February 19,2008
III. APPROVAL OF AGENDA
Betty Schudel moved to approve the Agenda as submitted. Second by
Dale Lewis. Motion carried unanimously 4-0.
IV. APPROVAL OF MINUTES: January 15,2008
Bill Jaeger moved to approve the January 15, 2008 Minutes as
submitted. Second by Helen Carella. Motion carried unanimously 4-0.
V. TRANSPORTATION SERVICES REPORT:
A. Budget Report - Caroline Soto distributed and reviewed. (See
attached)
. Closed P.o. for Advanced Lawn - all remaining monies will be
transferred to Other Contractual
B. Project Manager Report - Darryl Richard distributed and reviewed
(See attached).
. (R-14) Landscape Maintenance Contract - It was announced that
Advanced Lawn is no loner in Business. It was noted that CLM
has prior experience with Radio Road MSTU. The request was
made to approve a "Temporary" Contract with CLM for a 4 month
period based on existing Contract pricing (#063928 Livingston Rd.
section - Vanderbilt Beach to Immokalee Rd.)
Discussions ensued. Based on the condition of the existing
Landscaping it was agreed that Maintenance should be kept to a
minimum during the 4 month interim and should consist of
Mowing, Weeding, and Irrigation.
Dale Lewis authorized staff to utilize CLMfor a Temporary
Contract period of 4 months based on an existing contract at
bare bones services. Second by Betty SchudeL Motion carried
unanimously 4-0.
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COLLIER COUNTY GOVERNMENT
1RANSPORTATION SERVICES DIVISION
lA
6-
Alternative Transportation Modes Department
2885 Horseshoe Drive South. Naples. Florida 34104 . Tel. 239-774-8192 . FAX 239.213.5899
JaDuary 31, 2008
HaDDula LaDdseapiDlI, IDC.
28313 Quails Nest LaDe
Bonita SprlnllS, Florida 34135
Attn: Dale Hannula.
RE: Notice To Proceed (p. 0.114500091106; dated 1-30-2008);
Project Name: Radio Road (CR 1156) Pha..1 La_pe and irrigation Project
CODtract: #08-5004 (BeC ADDroVed OD December 11. 2007: Item 16.B.4)
FUDdlDg Source: 158-162522-763100-0
Dear Mr. Hannula:
This letter serves as Collier County's official NOTICE TO PROCEED (NTP) to your fll1l1 to commence with
the construction for the above referenced project for the pwposes of (I) Material Purchase, and (2) Irrigation
Installation per Contract #08-5004. Specifically this Notice to Proceed is for items in contract which do not
require lane closures.
After the initial 90 day contract period which ends Wednesday, April 30, 2008 your fll1l1 is to proceed with all
elements of contract to include lane closures as required for the remaining 90 day contract period.
The effective start date of the project is Jannary 31, 2008 based on 180 day 'project lime-line' ftnal completion
date is: Tuesday, JDIy 29, 2008.
Sincerely Yours, /"'~t-
~ ! \/.
c7'<V' ! '=-
Darryl Richard, RLA, ASLA
Project Manager
cc: Rhonda Cummings, Contrlld Specialist, Pun:basing Department
Diane Flagg, Director, Alternative Transportation Modes Department
Caroline Solo, Budget Analyst, Transportation Division
Tessie Sillcry. Operations Coordinator - Alternative Transportatioo Modes
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February 19, 2008
Prepared by:
Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes
Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes
Radio Road MSTU Proiect Status
(R-16) ACTIVE - (Darryl Richard): Numbering of Medians (bluesky to Airport Road)
12-18-08: See: Meeting minutes:
Discussions continued & it was determined the numbering process was not complete. An
assessment was needed to determine the number of medians that required renumbering.
1-15-08: Pending on quote from contractor
2-5-08: David from McGee - updating map will submit revised plan for contractor to give us a
quote.
(R-15) ACTIVE (Darryl Richard): By County Electric Installations - Quote for 'By County' Items Bid
08-5004; Quote request per Contract 07-4083 "On call Electrical Repairs and New Installation-
County Wide" (material Group 93972; Contractors: 115198 Hart's Electricallnc; 112810 American
Electric of Miami Inc; 100913 EB Simmonds Electric; 115640 Mizpah Electric; 103553 Paragon Electric
Systems; 102779 Southwest Electric)
12-17-07: Final Quote from Ag Tronix received for materials cost.
12-18-07: Bid/Quote Package sent to Purchasing & McGee & Associates; McGee to confIrm content of
quote package and make recommendation and/or release for bidding.
1-15-08: Material Purchase pending - approval of low quote for installation - pending purchasing.
Materials are to be delivered to electrical contractor.
1-15-08: confIrmed bids due in 10 days
2-6-08: Purchasing and McGee reviewing bid package.
( R - 14) - ACTIVE & ONGOING-Landscape Maintenance Contract (POC: Darry Richard) - Contract
#05-3686 Part II Radio Road MSTUIMSTD Roadway Grounds Maintenance.
MSTU FUND: 158 (old 150)-162545-634999-600811
THIS PO IS FOR MSTU FUND (150) ONL YlNotice To Proceed (P. O. #4500048335)
MSTD FUND: 112-163652-634999-620141
THIS PO IS FOR Msm FUND ONL Y
Contract Expiration Date: Tuesday, July 28, 2009
Notice To Proceed (p. O. #4500048336)
7-28-05: Original NTP for Contract issued (1 year initial contract; 3 renewal periods of I year)
2-20-07: ConfIrmation ofrepair ofIrrigation Mainline on Devonshire Fund 158 (MSTU)
10-12-07: New Fiscal Year 07/08 - NTP given with PO.
10-16-07: Committee motioned for Advance must attend meetings.
11-20-07: Contract Section: Contractor's Attendance states: CONTRACTOR'S MEETING
ATTENDANCE
"During the Contract Period, the Contract Manager or an Advisory Committee if applicable, may have
questions concerning maintenance issues. The Contractor shall be required to attend monthly meetings and
other special meetings that the Contract Manager should require. There shall be no additional charge for
attendance to these meetings. If the Contractor fails to attend the monthly meetings without an excused
absence an amount equal to two (2) hours of the supervision labor rate as listed on the Bid Page shall be
deducted from the monthly billing of the Contractor against the Contract total."
11-20-07: Advanced Lawn has confIrmed attendance at monthly meetings as per staff request.
2-5-08: Advance Lawns has fIled for bankruptcy - purchasing working with staff to take action regarding
maintenance. Pricing requested from Commercial Land Maintenance based on existing contract pricing.
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(R- 13) - ACTIVE & ONGOING (POC: Tessie Sillery) - Annual Services Contract: McGee &
Associates
9-19-06: Radio Road MSTU Committee Approved proposal from McGee in the amount of: $11,445.00 for
annual consulting services.
11-3-06: NTP was given to McGee & Associates with a Project Completion Date - September 30,
2007.
9-30-07: PO Rolled into FY07-08.
10-19-07: Committee Approved Annual Contract with McGee $ $11,950.00
11-7-07: County staff requested McGee to revise proposal.
11-20-07: Work Order has been submitted for stafIreview. Approval of Work Order and PO issue pending.
12-11-07: PO and WO issued Notice To Proceed (P. O. #4500089487)- WO # TLO-MA-36 14-08-04
Project Name: " Annual LA. Consulting Services"; Fund # 153-162521 - Golden Gate MSTU
December 11, 2007 , based on Work Order Completion date is: December 10, 2008.
(R-12B) &(R-16) (Combined Bidding) - ACTlVE- LANDSCAPE & IRRIGATION PROJECT (POC:
Darryl Richard) - Radio Road MSTU: (Phase One & Phase II-A) Landscape & Irrigation - Add
Corporate (CO Pending)
PROJECT SCHEDULE:
Radio Road MSTU: (Phase One & Phase II-A) Landscape & Irrigation
PHASE
Start - End Date
PROJECT SCHEDULE:
PHASE
100% Submittal
21 DAY BIDDING
BID DUE
BCC APPR
NTP Material Purchase
90 DAY (Material Purchase & Irrigation Install)
CONST -COMPLETE
NTP CONST
90 DAY CONST
CONST-COMPLETE
Start - End Date
9/21/2007
10/5/2007-11/6/2007
11/6/2007
1211112007
1/16/2008
1/16/08-4/14/08
4/14/2008
4/15/2008
4/15/08-7/15/08
7/15/2008
(Irrigation, and Plantings) - Work Order for Design to be initiated in FY-06 (October 1, 2005);
Construction Cost: $810,000.00 ; Design Cost: $64,300.00 McGee & Associates
4-10-07: Re-use availability is questionable at this time. Roger Dick reports it may be wise to wait until re-
use line is run up to Radio Road as part of current Santa Barbara Project.
4-13-07: Discussion with Roger Dick and Pam Lulich indicate that Re-Use department supplements Re-
Use with Well water during 3 months of the year (typically April, May, and June). Thus water staining may
occur during these 3 months of the year to existing curbing and/or other structures over-sprayed with
irrigation water.
4-17-07: McGee recommends mixing tanks for project. Committee votes to add mixing tanks to project.
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5-23-07: McGee recommends not adding Corporate Section to project at this time as it is not entirely
curbed with Type F Curbing.
7-19-07: Overall Committee consensus - not to include Corporate Section into Phase I - Landscape and
Irrigation.
7-23-07: 90% plans - still pending - no plans
8-22-07 90% plans - still pending - no plans
9-12-07 : 100% plans received for bidding ~ pending Purchasing
11-07-07: Bid 08-5004 -received on 11-6-07 - Hannula low bidder- Bid tabs are pending.
11-20-07: Bid Tabulation received from Purchasing Dept. Hannula is low bid for both base bid
($363,957.06) and alternates ($100,477.56)
12-11-07: Contract approved by BCC on 12-11-07- Awarding Hannula.
12-17-07: Awaiting Contract issue through purchasing.
1-7-08: Awaiting Contract issue through purchasing.
1-15-08: Awaiting Contract from purchasing.
1-30-08: NTP -1-31-08- with final completion July 29th, 2008
(R- 21) - COMPLETE- (POC: Darryl Richard) - 9-19-07 - Dale Lewis moved to direct Staff to ensure
nwnbers are re-stenciled on each island. Second by Betty Schedule. Motion carried unanimously 4-0.
10-16-07: Staff verified - stenciling is in the contract with Bonness
Median stenciling delayed until completion of curbing project - additional 20 days was added to the
schedule on curbing project. Median Nwnbers will be reviewed upon completion ofBonness Curbing
Project.
12-15-07: Bonness completed painting of numbers on curbing as per Radio Road Curbing Project
(R-12A) - COMPLETE- (POC: Darryl Richard)- Radio Road MSTU: Phase One - Curbing
(Devonshire to Broadview Dr) (Curbing, Irrigation, and Plantings) - Work Order for Design to be
initiated in FY-06 (October 1,2005); Construction Cost: $810,000.00 ; Design Cost: $64,300.00 McGee &
Associates
PROJECT SCHEDULE:
Radio Road MSTU: Phase One - Curbing (Devonshire to Broadview Dr)
PHASE Smrt-EndDam
DESIGN 9/11/06-1/29/07
14 DAY Quotes from Annual Contract 5/11/2007-5/25/2007
BID DUE 5/25/2007
BCC APPR 6/26/2007
NTP CONST 7/1712007
90 DAY CONST 10/15/2007
CONST -COMPLETE 10/15/2007
12-15-05-McGee sent notice to go 'on hold' for Project.
3-06-06 ~ McGee to revise scope of project as per Don Scott.
3-20-06 - McGee sent 'Go Ahead' on Work Order.
4-4-06-McGee submits request to modify work order in amount of $6,696.00 (submit for Committee
Approval)
5-1-06; Radio Road Curbing Plan 30% Submittal Review is pending. May 2, 2006 meeting to address
Access Management issues.
5-15-06; Access mgmt. Meeting on 5-3-06; as per Diane Flagg project will be phased into Phases I and
Phase II. Dale Bathon confirming with funding from transportation and Don Scott confirming with
Transportation Administration.
5-30-06; Project is to include 3 phases, mcgee & assoc. to provide scope for phase l. - Pending
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Phase I ~ From (Devonshire - West to western most boundry of Berkshire Lakes Subdivision)
Phase II ~ From ( Western most boundary of Bershire to Livingston)
Phase III - From (Livingston to Airport)
6- 12-06: McGee & Associates preparing proposal for phase I, and waiting on fmal billing on old work
order.
6-27-06: Need McGee proposal for phase I.
7-12-06: Need McGee proposal for phase I.
8-4-06: MSTU approved McGee Proposal for Phase I
8-22-06: Work Order for McGee Phase I is in process of SAP upload. PO number is pending. NTP is
anticipated by August 24, 2006.
8-25-06: Diane Flagg request verification that the Total Amount spent will not exceed the original Work
Order Amount of $64,300.00 (versus new proposal for: $17,330.00)
9-11-06: McGee & Associates sends correspondence in response to Staff request for confirmation of
anticipated cost for consulting for Phase I, II, and III combined. Copy provided for September 19,2006
Radio Road MSTU regular meeting.
9-11-06: Notice to Proceed issued to McGee & Associates for Phase One Project; TLO-MA-3614-06-16; P.
O. #4500066290; Total net project is $17,330.02; Work Order time-line of 140 days with Project Start Date
is September 1 1,2006 and Project End Date is January 29, 2007.
9-19-06: TECM Engineer Dale Bathon submits proposal for advancement of a portion of Phase II Project
into the Phase I project scope ITom Livingston Rd. to Kings Way. The Radio Road MSTU Committee votes
to not include this section in Phase I Project. Phase One project schedule: Design Complete January 29,
2007; Bidding Phase February 2007; BCC Approval of Award March 13,2007; NTP April 30, 2007;
Construction 120 time-line with Completion by August 30, 2007
11-21-06: McGee 100% submittal for Curbing Phase I has been rejected by TECM Engineers - TECM
recommends Sub-Consultant Engineer for Curbing Plans. TECM requires Signed & Sealed Plans by State
Licensed Engineer prior to approval.
1-16-07 Proposal ITom McGee for Sub Consultant - to be reviewed by Committee
1-17-07 Committee approved McGee for Sub Consultant - $ 2,510.00
1-29-07: Called and left message for Consultant to revise spreadsheet on costs.
2-13-07: McGee revised spreadsheet included in proposed Change Order #1.
2-20-07: Change Order #1 is being reviewed by Staff for approval. Inclusion of Engineer Sub-consultant is
only item in Change Order.
3-8-07: NTP for Change Order # I.
3-20-07: Formal Request sent to McGee for confirmation of delivery of 100% Drawings prior to 3-30-07
4-16-07: Coordination meeting for Public Meeting to be held May I" ITom 5 to 7 PM. 100% plans (revised)
pending ITom McGee.
5-2-07: TECM revisions as per PIM Meeting forwarded to McGee. Revision due by 5/10/07.
6-19-07: Novus item - 16B ~ BCC meeting of 6-26-07 - Bonness, Inc. $ 433,885.43
7-10-07: Bcc approved. - PO request submitted on - 6-27-07 with Signed Work Order.
7-10-07: Pending release from purchasing for PO.
7-17-07: NTP given to Bonness
7-18-07: Discussed overall project with Bonnes & set up weekly meetings - beginning August 3'd.
8-22-07: Root pruning to magnolia trees - ETI - trees to be moved upon receipt of PO -
pending BA.
9-10-07: Budget Amendment processed by Gloria and we received PO for ETI on 9-4-07.
9-18-07: Change Order # 1 pending
10-22-07: Change Order Processed and notification went out to McGee & Assoc.
11-07-07: Change Order #1 pending.
(R-20) -COMPLETE - (P.O.C Darryl) - Root Pruning & Removal and relocation of Trees on
Radio Road
8-22-07: Notice to Proceed - ETI - $1,750 for root pruning and within 3 weeks (after BA) is
approved the PO will be increased with the difference. ($8,530.00 is the total amount of estimate)
9-10-07: Week of9-24th to 28th - anticipation of moving trees. - pending locates
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9-24-07: Darryl met in field with ETI and to be completed by 9-26-07.
9-26-07: Project Completed
(R-20) -COMPLETE - (P.O.c. Darryl) - Root Pruning & Removal and relocation of Trees on
Radio Road
8-22-07: Notice to Proceed - ETI - $1,750 for root pruning and within 3 weeks (after BA) is
approved the PO will be increased with the difference. ($8,530.00 is the total amount of estimate)
9-10-07: Week of9-24th to 2Sth - anticipation of moving trees. - pending locates
9-24-07: Darryl met in field with ETI and to be completed by 9-26-07.
9-26-07: Project Completed
(R - 17) - COMPLETE -TECM-Radio Road - (phase II-A) Curbing - Brairwood to Commercial &
Corporate (INFORMATION ONLY)
R-19) - COMPLETE - (P.O.C. Darryl) Corporate Square Pavers (p. O. #4500082550; dated 8/6/2007);
Work Order: BC-FT-3773-0710- (60 day Work Order) completion date October 6, 2007
7-23-07- Requested for Quote from Bonness for project
S- 7 -07: Notice to Proceed
9-10-07: To be completed by 9-1 1-07
9- I 1-07 : Project Complete
(R - 15) - COMPLETE, RE-USE WATER PROJECT- PERMITTING PHASE (POC: Darryl Richard)
3-0S-07: Updated application for Re-Use Gallons per minute and approval pending
4-10-07: Re-use availability is questionable at this time. Roger Dick reports it may be wise to wait until re-
use line is run up to Radio Road as part of current Santa Barbara Project.
4-13-07: Discussion with Roger Dick and Pam Lulich indicate that Re-Use department supplements Re-
Use with Well water during 3 months of the year (typically April, May, and June). Thus water staining may
occur during these 3 months of the year to existing curbing and/or other structures over-sprayed with
irrigation water.
4-17-07: McGee recommends mixing tanks for project. Committee votes to add mixing tanks to project.
4-27-07: Utilities confmns that RE-USE Application has been approved and will forward hardcopy.
5-7-07: Re-Use Application is approved. Hardcopy scanned and forwarded to Mike McGee.
(R- 19) - COMPLETE- Painting of Radio Road Median Tips with Numbers - The median tips (bull-
nose) are to be painted yellow in accordance with FDOT standards with median numbers.
10-17-06: Committee approves not to exceed $2,500.00 for project. Directs staff to utilize annual
contractor. Trutwin annual is active for painting within ROW.
10-23-06: Direction to utilize 'in house' Road & Bridge Department funds and resources for project. Given
that the medians are 'County Property'.
11-20-06: John Vliet, Road & Bridge rejected plans to paint curb #'s on Radio Road.
11-20-06: Staff requested quote for Trutwin to paint curb #'s on Devonshire.
1-3-07: PO & NTP to Trutwin
1-29-07: Project Complete
(R-l1) COMPLETE - SOP PLAN REQUEST; SOP 3425 Radio Road - Plan review by Committee for
Landscape Plans submitted for development.
11-21-06: This SOP Plan does not affect MSTU/MSTD plantings or irrigations.
(R-15) - COMPLETE - Pavers for Foxfire Medians
9-19-06: Radio Road MSTU votes to install pavers at the median tips (bull-nose) for the West Median and
East Median at Foxfire.
9-19-06: Staff request Quote from Bonness for the paver installation.
10-10-06: Staff receives quote from Bonness in the amount of $9,257.70, Request to Purchase submitted.
11-6-06: Begin Construction of project by Bonness, Inc. pavers to match existing specification.
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11-10-06: Project Completed
( R ~ 18) - COMPLETE - Radio Road Median Irrigation Conversion - Allamanda and Plumago Planting
Beds to be converted from drip line system to irrigation spray heads on risers.
10-17-06: Committee approves of conversion based on 112 funding no motion necessary. Mike McGee
advises Committee and Staff that conversion is necessary to ensure plant health.
10-30-06: Median irrigation conversion is progressing, irrigation mainline break is repaired during project.
11-6-06: Project Complete; Inspection for Punch-List to follow Nov. 6 to 9 for proper operation.
(R-IO) COMPLETE - SDP 7405 Devonshire Blvd- Plan review by Committee for Landscape Plans
submitted for development.
9-25-06: Plans reviewed with ROW. Contractor has removed shrubs on County ROWand will be required
to replace shrubs and damaged irrigation system.
10-17-06: Copy of Plans provided for Committee review. Landscaping found to be satisfactory.
(R - 17) - COMPLETE - Committee Chainnan request for infonnation regarding 'loan' to MSTU
9- I 9-06: Radio Road MSTU Committee Chainnan request staff provide a report on options available to the
MSTU in so far as a 'loan' or advancement offunds. (I) What is the maximum amount? (2) Is there any
interest? (3) What is the amount of time allowed for repayment?
10-17-06: Staff provides answer as per discussion with Budget: (I) Maximum amount is detennined by
'Project Need' which would be after all cost considerations are identified. Review and approval by County
Manager's Office/ County Attorney's Office Required; (2) Interest on loan would be negotiated through
County Manager's Office and County Attorney; (3) Amount of time for repayment would be negotiated
through County Manager's Office and County Attorney; Note: The advancement of funds requires Board
of County Commissioner's approval.
(R- 14) - COMPLETE ~Request from TECM Engineer Dale Bathon - Phase II Project item
9-19-06: Dale Bathon submits plans for a section of Phase II project (Livingston Rd. to Kings Way) for
inclusion into Phase I project.
9-19-06: Radio Road MSTU Committee votes not to include Phase II item into Phase I project.
(R-9) CANCELLED -Well Water Mitigation (Chemical Treatment of Well Water)- Cancelled-
September 12, 2005: 8/16/05 committee cancelled project. Cost was detennined to be excessive for annual
maintenance of filtration system.
(R ~ 8) ~ COMPLETE -Milage Rate (.25 vs .50) - Dale Lewis requested for the history at the Budget
(Carry Forward vs Audit - follow up meeting) with all the MSTU Chainnan ~ 7 -17 -06
8-22-06: Sharon Newman's report is pending.
8-25-06: Nonnan Feder, Transportation Administrator accepts responsibility for the adjustment of the
Millage Rate from .50 to .25 (during FY-04 to FY-05). The Radio Road MSTU Committee may vote to
increase Millage back to .50 for the FY-08 Budget Request. Currently the Radio Road Project Funds are
sufficient for current project demands.
(R~ 7) - COMPLETE - Devonshire Maintenance (Fund 150)-Advanced Lawn Estimate 06-191; On
August 4,2006, By Committee Action, Committee approved $17,290.00 for items included in Advanced
Lawn estimate for Devonshire Maintenance (Fund 150). Scope of project is stump grinding, Viburnum
replacement and incidental irrigation repairs (included in quote, as per Frank Kip, owner)
8-24-06; Advanced Lawn Crews begin stump Grinding
8-25-06; Mike Luneke, Advanced Lawn confinns that stump grinding is at 100% completion. Staff to
inspect. Advanced Lawn will finish planting of Viburnum by 8-26-06.
8-31-06: Project is complete
(R- 6) - COMPLETE ~ Radio Road Maintenance (Fund 112) -Advanced Lawn Estimate 06-184, 06-185,
and 06- 186; On August 4,2006, Committee reviewed items included in Advanced Lawn estimate for Radio
Road Maintenance (Fund 112). Scope of project is replacement of Juniper Plants, installation ofmu1ch
material, and installation of irrigation components.
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8-25-06; Mike Luneke, Advanced Lawn confirms that project is at 100% completion. Staff to inspect.
(R-5) COMPLETE - PROJECT TRANSFERRED TO CAT FUNDlNG-CA T Bus Shelter
(R-4) -COMPLETE- Sod Refurbishment at median I Radio Road at Santa Barbara -COMPLETE-
Advanced Lawn.
(R-3) -COMPLETE-Pump Repair -Radio Road- COMPLETE; Repair By County
(R-2) -COMPLETE-Annual Maintenance Contract Bidding-
July 28, 2005: NTP Contract 05-3686 Part II, issued to Advanced Lawn Maintenance - Completed
(R-I) COMPLETE -ARBORlST SERVICES CONTRACT; Committee requested McGee to provide quote
for arborist services. McGee Scope for Arborist Services cannot be approved as per LA 04-3614,
Landscape Architectural Services Fixed, Terms and Conditions. Additional Quotes requested as per
Committee Direction.
4-17-06; Davey Tree Company is low quote at $15,350.00 for both consultation and maintenance.(submit
for Committee Action)
5-1-06; Documentation for Request to Purchase submitted. PO is pending.
5-15-06: Project complete with Field Inspection pending
5-30-06 Inspection complete - contractor to perform additional final pruning late fall.
6-27-06: Final pruning in fall to be done
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1 eaCE~'n
March 4, 2008 APR 0 3 2008
130ilrd of County Commissioners
MINUTES OF THE MEETING OF THE COLLIER COUNTY
RURAL LANDS STEWARDSHIP AREA REVIEW COMMITTEE
Ave Maria, Florida, March 4,2008
LET IT BE REMEMBERED, that the Collier County Rural Lands Stewardship
Area Review 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 the
Ave Maria University Academic Building 07 Conference Room 5,5050 Ave
Maria Boulevard, Ave Maria, Florida, with the following members present:
CHAIRMAN: Ron Hamel
VICE CHAIRMAN: Neno Spagna
Brad Cornell
Zach Floyd Crews
David Farmer
Tom Jones
David Wolfley
Bill McDaniel
Timothy Nance
Fred Thomas
Tammie Nemecek
Jim Howard
ALSO PRESENT: Thomas Greenwood, AICP, Principal Planner, Comprehensive
Planning
Michael J. DeRuntz, Principal Planner, Comprehensive
Planning,
Jeffrey Wright, Assistant County Attorney
Approximately 14 members of the public and staff
Mise Corres:
Date:
'O'11#~ I A 2!.
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March 4, 2008
I. Call Meeting to Order
The meeting was called to order at 9: lOAM by Chairman Hamel.
II. Roll Call
Roll call was taken, and a quorum was established.
III. Approval of Agenda
Mr. Wolfley moved to approve the agenda as presented, Second by Mr. Farmer.
Voice Vote - Unanimously Approved 11-0.
IV. Approval of Minutes: February 5, 2008
Mr. McDaniel moved to approve the minutes of the February 5, 2008 committee meeting,
Second by Mr. Wolfley. Voice Vote - Unanimously Approved 11-0.
V. Old Business
Chairman Hamel stated that before the committee begins with Item A. the Phase I -
Technical Report, he would like to thank Noah Standridge for his work with the committee.
Mr. Spagna made a motion to have a "Certificate of Appreciation" prepared for Mr.
Standridge. Mr. Wolfley seconds the motion. Unanimously Approved 12-0.
Mr. Standridge stated that he appreciated working with this committee, and having the
opportunity to work on such an important and dynamic element in Collier County. He hopes
to have an opportunity to work with members of the committee and those in attendance in the
future.
A. Phase 1 - Technical Review Report
Mr. Greenwood reviewed the dates of the upcoming Environmental Advisory Council
(EAC), Collier County Planning Commission (CCPC), Board of County Commissioners
(BCC) public hearings at which the Phase I - Technical Review Report will be reviewed
and the process by which additions, corrections and comments will be addressed with
this report. He stated that that all additions, corrections and comments will be
forwarded to the committee for their review.
Mr. Hamel asked to see by a show of hands what committee members would be able to
be in attendance at the EAC meeting. Five members indicated that they would be able
to attend the EAC meeting.
B. RLSA Review Committee - Review Phase 2 Meeting Dates and Tasks
Mr. Greenwood reviewed the dates for the future meetings for the Phase 2 review and
analysis of the Goal, Objective, and Policies for the RLSA Overlay. He stated that the
meetings are scheduled to be held at Ave Maria University.
Mr. Cornell suggested that the committee needs to be specific on any changes, in
particular, providing the data and analysis to support these changes.
Mr. Nance stated that the committee needs to review DCA's "Evaluation of RLSA
Program". He believes that the committee needs to be aware of DCA's comments and
concerns.
Mr. Greenwood stated that Collier County's RLSA plan was approved through a
settlement agreement with DCA prior to the States Statues RLSA enactment and has
previously made a Request for Legal Services for an evaluation of any implications that
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report and pending state legislation to amend the Rural Lands Stewardship statute might
have on this committee's Phase 2 review and recommendations.
Mr. Cornell requested that the committee receive a copy of the DCA's report and any
responses that the County may have provided.
Mr. Greenwood stated that he will provide the Committee with hard copies of the
DCA's report and County letter responses.
VI. New Business
A. Dr. Fritz Roka, Agriculture Economist, University of Florida Institute of Food and
Agricultural Services (IFAS)
Dr. Roka provided an overview of agricultural economics. He stated that increases in
production costs cause the margin of profit to decrease. He further stated that that
challenges to local agricultural production are: disease (citrus green), regulations, water
and land allocation, rising land prices, and a gap of knowledge (re-education). He stated
that the advantages for agricultural production in this area are: good climate, easy access
to the Eastern U.S. Market, technology, Best Management Practices (BMP), new
agricultural varieties, and innovative land management practices (RLSA). He
emphasized that flexibility will be the key to long term success for the local agricultural
economy.
David Wolj1ey questioned if the IF AS had identified any specific replacement crop,
possibly bio-fuel.
Dr. Roka stated that they have not and that bio-fuel has been studied and it was not
found to be equitable and not a "magic bullet" crop.
Bill McDaniel asked if Dr. Roka could help the committee with his explanation of what
the term "premature conversion "ofland would mean to him.
Dr. Roka stated that meaning of this term in agricultural economics would reflect the
decision to change the land use from permeable land use to a non-permeable land use
had not detailed all the cost of development.
Mr. Farmer inquired how one would determine the values associated with agricultural
and natural habitat land uses.
Brad Cornell inquired if agriculture is important to society, is it appropriate to subsidize
the keeping of prime agricultural lands.
Timothy Nance stated that the goals of the RLSAO is to provide for reasonable use of
land and to ascribe values to properties whose owners are voluntarily agreeing not to
develop parts or all of their lands with permeable developments. Agricultural land has
not been protected and this country is about to become a net importer of fruits and
vegetables.
Mr. Jones suggested that the committee should consider creating an incentive based
credit system for agricultural production. The current program has done a very good job
for providing incentives for preserving areas of high ecological value, but not so much
for land being used for agricultural production, such as row crops. He stated that the
primary produce grown in Collier County over the years continues to be tomatoes,
peppers, and citrus.
Mr. Priddy stated that if the RLSA plan does create credits for retaining agricultural
land uses, the RLSA plan needs to identify a place to use those credits.
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B. Gene McAvoy, Regional Extension Agent, University of Florida IFAC
Mr. McAvoy informed the committee about local vegetable production. He stated that
vegetable agricultural production was both dynamic and volatile with agriculture
production moving east into Hendry County. Southern Florida has experienced shifts in
volume of vegetable production over the passed decades. There has been a trend of
consolidation of ownership of agricultural acreages. Other trends observed in southern
Florida were: cost of production and labor costs are increasing, production in variety of
products, diversity of vegetables (ethnic foods) are increasing, agricultural
entertainment is increasing, roadside markets are increasing, bio-fuel is being tried, and
environmental solutions to adverse impacts are being addressed.
Mrs. Hushon questioned the sizes of the local organic farms, and asked if IF AC has
seen shifting uses or lands being left fallow.
Mr. McAvoy stated that organic farms range from 150 to 5,000 acres. He also stated
that he h';j2~f.r~l~nds being left fallow.
Mr. Mc 1s'Kec! if there is a typical percentage of land that is allowed to go fallow.
Mr. McAvoy stated the amount of acreage that is left fallow is based on economic
conditions not to allow the land to rejuvenate. He also stated that leasing rural lands for
recreational uses is very popular.
Mr. Hamel asked Mr. McAvoy to provide some of the statistical data that he was
referencing.
Mrs. Laurie McDonald, Defenders of Wildlife, stated that her organization has staff
which includes a Natural Resource Economist who has data that they could provide
related to wildlife and scenic values.
Mr. Jones stated that he would entertain hearing a speaker from the Defenders of
Wildlife organization address these activities and their values.
Mr. Thomas stated that high-end eco-tourism is a viable use in this area.
Mr. Jones stated that he also is concerned about the meaning of "premature
conversion".
Mrs. Nemecek stated that the committee should refer to the States' report for
determining agricultural land value.
C. Policy 2 - Review of RLSA Overlay Policies
Mr. Greenwood provided an overview of the five Groups and the policies of the RLSA
from the Growth Management Plan (GMP).
Mr. Hamel reviewed the policy review process, and asked if the Group 1 policies
should be reviewed. The committee agreed to review Group 1.
Mr. Jones stated that based on Policy 2.1 he is satisfied with the term "premature
conversion".
Mr. Nance stated that DCA's RLSA Report questioned Collier's RLSA plan does not
identifY which lands were best for agriculture, conservation and development.
Mr. Jones stated that it is his opinion that Collier County's RLSA program should
remain as voluntary participation.
Mr. Thomas stated that the committee should look at the areas were potential
development could occur and the potential infrastructure interconnection that should be
considered.
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March 4, 2008
Mr. Nance agreed with the principle that the RLSA program should be maintained as a
voluntary participation involvement.
Mr. Daniel stated that the committee should evaluate creating credits for preserving
agriculture land uses.
VII. Public Comments
Mrs. McDonald stated that the plan should provide a mechanism for the continuing Group II
agricultural activities. She also stated that wetland and uplands should receive additional
values that promote continuing wildlife connectivity.
VIII. Committee Comments - None
IX. Staff Comments
Mr. Greenwood stated that a presentation will be provided at the April I meeting by two Gulf
Coast professors whose report was distributed today to those present. He will coordinate with
Mrs. McDonald for scheduling a speaker from the Defenders of Wildlife organization. He
reiterated that he would provide a copy of DCA's RLSA Review and response letters. He
would also provide a copy of the Florida State University's RLSA Study. He further stated
that the Committee should be prepared to review the Group 2 policies [Agriculture] during the
April I meeting.
X. Adjournment
Mr. Jones moved to adjourn the meeting, second by Mr. DanieL
Voice Vote - Unanimously Approved 12-0. Adjournment 11:52 a.m.
rea Review Committee
VIA
on Hamel, Chairman
4-~ j- () tj
These minutes approved by the Board/Committee on ,
as presented 1-1-0 ~ or as amended .
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RECEIVED
16 ~PR 2]! 008
AGI!NDA
Fire Service Steering Committee Meeting
April 2<1, 2008 - 6:00 PM
Big Corkscrew Fire Control & Rescue District
13240 Immokalee Road, Naples, FL 34120
i,,<'rr. of County Commissioners
L Pledge of Allegiance
II, Determine Quorum
III. Approval, Additions, and/or Deletions to Agenda
IV, Approval of Minutes - March 27, 2008 Meeting
V. Reports
A. Treasurer's Report
B. Fire Chiefs' Ass()ciation
C. Communications Committee
D, Fire Code Official
E. Fire Code Official's Office Building
F, Fire Marshals' Association
G. District Updates
H. Public Education
I. Purchasing
J. Other Reports
K. General Comments
VI. Old Business
A. Fire Study Group & FCA Operations Committee Study
(1) Update on Status of Second Phase of Consolldi!ltion
Study by FCA's Operations Committee
B, Report on FSSC Funding Options & Budget Committee
C. Update on HB 1257 - Broward Urban Independent Fire District
D. Other Old Businl~ss
E. General Comments
VII, New Business
A, Public Education Task Force for Independent Fire Districts
B. General Comments
VlII. Schedule Next Meeting Date - Regular May date is 5/22/08
IX. Suggestions for Next Month's New Agenda Items
X. Adjourn
CM/lJR/Jo 04-12-2009; 04.1S.08; 04.16-08
MIsc. Corres:
Date:
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Fire Service Steering Committee of Collier County, FL., Inc.
Meeting Minutes
Held on March 27, 2008 at
North Naples Fire Control & Rescue District
1885 Veterans Park Dr" Naples, FL
Ri<6:tvEq B
APR 2 2 2008
Board of County Commissioners
Present:
'Presldent
"Vice President
Chuck McMahan - Golden Gate Fire Commissioner
James Quigley - North Naples Fire Commissioner
'Commlssioner Paul M. Plamondon Big Corkscrew 'sland Fire District
"Advisory Baard Member Joe Lanckawel Isle of Capri Fire & Rescue District
CommiSSioner Paul J. Moriarty, Sr North Naples Fire District
Commissioner Rob Stoneburner GOlden Gate Fire District
"Chief Jeff Psge Collier County EMS
"Are Chief Ray Alvarez Immokale. Fire District
Fire Chief Michael L. Brown North Naples Fire District
Fire Chief Rita Greenberg Big Corkscrew Island Fire District
Fire Chief Michael Murphy C~y of Marco ISland Fire Department
Fire Chief Jim McEvoy City of Naples Fire Department
Fire Chief Robert Metzger Golden Gale Fire District
"Assistant Chief Rob Potteiger East Naples Fire District - arrived late
Assistant Chief Dave Anderson Golden Gate Fire District
Deputy Chief Noliln Sapp GOlden Gate Fire Dlstnl.:t
Fire Marshal Bill Sylvester GOlden Gate Fire District
PIO Victor Hill Golden Gate Fire Distnct
Deputy Chief Orly Stolts North Naples Fire District
Deputy Chief Jorge Aguilera North Naples Fire District
Fire Ml'Il"$hal Dave Raub North Naples Fire District
Office Manager Barbara Kornel< North Naples Fire District
Fire Code Ofjicil'll Ed Riley Fire Cooe OffiCial's Office
Brad Schiffer. AlA Fire Review Task Force Chairman
Jim Burke Pelican Bay Services District
Jack Pointer NNF'D Chapter 175 Trustee
Joyceanna "JA" Rautio FSSC Facilitater
"AuthoriZed Voting Mem~r
Note: ENFD Commissioner & Treasurer Angela Davis had an excused absence
Note: ENFD Assistant Chief Potteiger arrived late and became the ENFD voting
representative via hiS rOlnk as Assistant Chief.
The meeting was oiled to order at 6:17 P.M. by the President.
I. PLEDGE OF ALLEGIANCE
Th. meeting opened with the l"ledge of Allegiance.
Prepared and Edited by "JA" Rautio, FSSC Facilitlltor, 04-12-08: 4-21..)8:
1. ~',c Corres:
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II.
DETERMINE QUORUM
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A quorum was determined Facilitator Rautio advised that six (6) representatives out
of eight (8) voting members were present. Eve'1tually with ENFD's arrival, seven (7) voting
members were present.
III. Af)f)ROVAl, ADDITIONS, AND/OR DELETIONS 0 AGENDA
On a motion by Commissioner Jim Quigley and a cond by Commissioner Paul
Plamorldon, the wntten agenda was approved unanimously. (8.0 vote)
IV. APPROVAL OF MINUTES - February 28, 200S Meting
EMS Chief Jeff Page requeSled that both his name nd assistant's name be removed
from the footer because the minutes as presented "weill no what she prepared and not what
I reviewed." Facilitator Rautio explai:1ed that the current Minutes SOP indicates thaI the host
agency prePilres a draft set of minutes, that credit is given I the preparer and editor within
the footer, and that the Facilitator edit and revise. Addition lIy, the FSSC "minutes are
summary minutes, not verbatim minutes."
The footer under discussion was "prepared by Je ni fer Flori" CCEMS
03/13/08; Reviewed by Jeff page CCEMS 3/17108; E ited & revised by JA
Rauti 0, 03-20,24,25.26-08." After diSCUSSIon was held 21bout creating i broader term
rather thin removing the names from Ihe footer, Page agre d that the change would be
"Drafted from notes by...and reviewed by..."
A motion W2IS made to approve the minutes of the F bruary 28, 2008 meeting WIth
the amended footer. On a motion by Commissioner Quigle and a second by
Commissioner f)lamondon, the mi~utee were approved aw mended with this one
correction by Ii unanimous vote. (6-0 vote)
V. REPORTS
A. Treasurer's Report
Treasurer Angela Davis - Eaat Naples Fir Commissioner. Excused
No Tre21surer's report was given since Comm seloner D2Ivls was absent
ENFD Assistant Chief Potteiger was stuck in traffic $ he was not available to prOVide
a report either. Unfortunately, Potteiger did not have a report to give us once he
arrived..
B. Fire Chiefs' Association
Fire Chief Rita Greenberg reported that the F A met today. Standard reports
were presented tliong with a quick ru,down of the st us of the Consolidation Study
We tire moving forward.
C. COMmunications Committee
tnp'-'ty Chief Nolan Sapp reported that the C mm~tee met on March 11,
2008. John Daily was not available to provide 8 repo on the 800 megahertz system.
Prepared and Edited by "JA" Rautio, FSSC; Facilitator, 04-12-08; 4- '-08,
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Safe Point, the ABL system for the County, is still working on installation of
eqUipment and acquiring add~ional tower sites. The equipment is starting to come in.
The committee went on record that there are times When only one dispatcher
is on duty working three consoles because CCSO Dispatch is shorthanded. It is
noticed in the field. CCSO Commander Rule notified DC Sapp tOday that he has
hired two to three more dispiitchers which should help improve the situation.
Other items discussed were brush fire protocols and when to carcei repeated
calls to Dispatch, the second alarm protocol, and the glitch in the Emergen software
which allows a person to chclse to have calls sent to an alpha pager or PDA or such,
that an EMS unit end IFD Al1ack truck are in service everyday from 8 AM to 8 PM for
Ave r.t"ria now. One other ir.sue under discussion is II Meyday pOlicy for II downed
firefighter who radios into dispatCh for help.
D. Fire Cod. Official
FCO Ed Riley distributed his monthly two (2) page summary report titled
"Summary Plan Review AclMty February - 08". One month of FCOO financial
statements (6 pages) Willi provided for 02129108. Copies ere available by request
from the FSSC Facilitator or the Finance Department of /East Naples Fire District.
Riley reported that his office had 818 reviews for the month of February with
approvals for tlrst time reviews really good. More items will be Oiscussed later in the
agenda. Financials were distributed once Potteiger arrived.
E. Fire Code Official's Office Building
Riley is still working with South Floridil Water Management Distrrct (SFWMD)
personnel to move the project along. A new twist IS that SFWMD wishes to have a
long term lease, but pay 100% up front. Lease language is being dral'led for legal
review ri~ht now. This approach will let SFWMD essentially purchase the space but
not own it The bid deadline has been extended to incorporate a couple of cost saving
measul'e$. The group will meet on April 8, 2008 to review final numbers
Riley answered a neal.ly Inaudible question from Chief Brown about the bid
process and the status of the contract for a builder which has not been let yet.
F. Fire Marshals' Assoc:ietion
Fire Marshal Bill Sylvester did not have a report to give. Howeve', Fire Chief
Greenberg advised that the FCA approved the Arson Task Force document today
which will have ill 30 to 60 implementation periOd The other program in the works is
the Juvenile Fire Setter program that is expected to come before the FCA's soon
G, District/Department Updates
1. North NaDles Fire District: Fire Chief Mike B'own reported that the Fleet
MllintenancelFire Prevention facility over on Tayior Road is now about 60 days from
completion, The tlmeframe In,:reaslild from last month's reported 30 days.
District representatives attended the FASD meeting in Tallahassee lasl
week. They were there all week to work on legislation. The Tax Reform COmmitt......
Prepared and Edited by "JA' Rautio, F$SC Fecllitator. 04-12-08; 4-21.06:
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that meets every 20 years will be discussing a proposal for a spending cap to be on
the ballot this November like the Marco Islard spending cap. This Committee can
send this Goncept directly to the ballot with,:lUt approval of the Legislature.
2. Golden Gate Fire District: Firo Chief Bob Metzger reported that his
District IS not building anything and that a lot of previously conSidered spending has
been frozen. No major issues or events are going on fight now However, Metzger
thanked all the Districts that participated in a fund raiser for a firefighter's son with
cancer and expressed appreciation for the participation. Golden Gate has been
participating in the Consolidation study groups and had a retirement party for former
Chief Don Peterson. Everyone wa~ invited to attend Golden Gate Frontier Days this
weekend
1, Bill Corkllc:rew Island Fire District; Chief Greenberg reported that the
conditional use was approvej, but she is 'talking in circles about when the building
can be built.' The District Is rnoving forward to obtain opinions of probable cost
Staffing is at full strength agellnaft<'!r a few per, pie moved away from tne area. An
ALS program is being developod Wilh tile County and the delivery of the new water
tender is expected in May.
4. !.rnmokalee FireJd!.!:ltrol District: f"ire Chief Alvarez reported that
things are qUiet and peaceful as usual, that a couple of ne'wl' engines Hlould arrove In
May, and thin;s are just moving aiong slowly.
5. Collier EMS; Chief Pill/Ii said he didn't really have anything 10 rei'ort.
However, he commented thai tl1e 'future of EMS facllit:es may be moving toward
double Wide trailers rather than fixed structures in the interim until impact fees start
CO'Tling in again
6. East Naples Fir!\!_ District: Assistant Chief Rob Potteiger reported Iha:
Fire Chief BOb Schank is retirillg in December. East Naples IS doing great and
working on a lot of different things
1. Is I. of Capri: Nothing to report per Joe Langkawel.
Aithough representatives from the City of Naples and the City (If Marco
ISland were in attendance, thE! President did not ask 'or reports.
H. Public Education:
PIO Victor Hill reported that the PSA was ~ubmitted to the TV stations to run
prObatlly in the wee hours of the mOrrling. A. couple of attendees mentioned having
seen it but there were spots wtlere was inaudible President McMahon mentioned
seeing a program on brush tm~ season that included Chief Greenberg and Greg
Spears on the government c~I:.r:nel (County Showcase) with County personnel and
thi!lnked them for dOing such <I great Job.
I. Purchasing
Commissioner Jim Quigley said that he is wailing on the outcome ot the gtudy
group because purchasing is part of it
J. Other Reports - No reports were presented
Prepared and Edited by "JA" R8Utio, FSSC Faclillator. 04.12.08: 4-?1-o8,
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K. General Comments - None
VI. Old Business
A, Fire Study Group - Commissioner Cannon
(1) Update on Second Phase of Consolidation Study by FCA'e
Operations Committee
Deputy Chief Stolts reported that the Operations GroJp has tleen meeting
regularly on the five different categories that were identified as needing more study
These were broken up onto subcommittells with great partiCipation. The
subcommittees just came back with reports to the Operations Group who will meet
this Monday, March 31,2008, to review everything and start incorporating the
matel'lal into the original study report. Stoltz thought they were on track and was
optimist,c that a report will be ready for next month's FSSC meeting.
(2) Available Funding Options for a Future Consultant
Since the Operations Group is not at the funding or consultant point yet there
was nothing to discuss.
B. Fire Review Task Force Update.
Ed Riley introduced Brad Schiffer, AlA, who was the Chairman of the Fire
Review Task Force. Riley re~'orted that t,e final meeting before the County
Commission was held on March 18" at the County. He characterized the report as a
"fair, unbiased report". It did NOT show all the problems that FCOO was purported to
have initially. The Task ForCe recommended that a number of items be followed up
011 by DSAC that are not necessal'liy related to FCOO fire review but lire associated
with the 'eview such as standardizabon of information on plans and documents.
T~ese recommendations affec.t many other sections of the county building permit
process There will be ongoirlg discussions of these items.
Two major results ot the workshop and Task Force were first to put the County
on notice thllt it has no jurisdiction over the Fire Codes with the exception of the two
MSTU dlstrit.1s and the second was to clarify how complaints should be handled. if
there's a complaint with FCOO, it shOU'd be directed to East Naples Fire District If
Ire complaint is with an inspe,ctioll, it should directed to the indiv,dual Fire District not
TO the County. Both of these IIvere seen as positive outcomes of the Task Force.
Brad Schiffer reiterated that the County Commission has no jurisdiction over
the Florida Fire Prevention Code. Chief Potteiger expressed his appreciation for the
work of the Task Force and thanked Mr. Schiffer for his dedicated efforts.
Chairman McMahon reported that NiCK Biondo is trying to coordinate the
standardization of the inspections and permits. Also ENFD shOUld look into a fast
track method to get through the permitting process faste'.
Chief Greenberg COmmented that the standardizlll~on was discussed at the
FCA meeting tOClay and even though the Chiefs don't have an issue with the current
process, they support the Fire Marshals in\lestigation into a standardil:ed process.
Prepared and Edited by "JA" Reutio, FSSC Fecilitalor, 04-12-08 4-21.~8.
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E. other Old Business - No topics were presented.
F, General Comments _
Facilitator Rautio reported o~ how to get an item on the agendas for the City
of Marco Island and the City of Naples. The City of Marco Island needs a written
request via email or a letter to the Interim City Manager to explain why you want to be
on the agenda Shorter is better and the leM would deem the presentation
appropriate for the City Council to hear via the Agenda Staff suggested that Fire
Chief Murphy could explain the Whys in advance.
For the City of Naples, the option most likely will be at a City Council
Workshop since there would be nothing for Council to vote upon. A written request
to C~y Manager Moss is needed and a lot of reqUIrements must be followed. Again
Chief McEvoy could help pave the way. There is a two week advance request
requirement.
VII, New Businoss
A. Hiring an Attorney for Consolidation StUdy issues
President McMahon feit that the Operiiltions Group is not ready for 1I-,is yet
Chief Brown explained HB 1267 for a Shell fire distnct to be created in
Broward County. A county 'Mde vote would be taken to create the District and
agencies would voluntarily opt in It is a vehicle for the future given the problems with
tax reiorm Independent Districts, Counties and Cities could opt into the shell District
The beauty of the county widE~ District is that agenCies that wish to opt in to
consolidate can, and those thi,t are not interested do not have to jOin in.
Assistant Chief Potteiger asked if the codification process could be
incorporated into this bill Chief Brown didn't think it would affect the issue. Each
agency oan determine if it 'Mshes to participate and if the county wide vote approves
it, then each District can opt in by a vote of the Board of Fire Commissi01ers.
Chief Brown will report on the status of the legislation at the next meeting
Chairman McMahon Confirmed'Mth Chief Metzger that the hiring of an
attorney wiil be on hold until the Operations group aSked for it to be discussed,
Commissioner Quigley asked if any grants were available for the
consolidation efforts. Commissioner McMahon confirmed with Chief Page that he
had a grant Opportunity and thp.v wouid discuss illlfter the meeting
B. Future Funding lasuM for FSSC
Chief Potteiger reported for Commissioner Cannon that he wanted to
determine if FCOO could legally fund some or all of the FSSC and wanted to know
the legal~ies ii1nd feasibility of th's approach
CommiSSioner QUigley suggested thaI III :Judget be prepared so the
Co~mittee knows how much money is needed. Facilitator Rautio read the
appropriate section of the bylaws about dues and explained that the dues are
Prepared and Edited by' JA" Rauto, "sse Facilitator. 04-12-08; 4-21-08;
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determined annually. A budi~et committee ~hould be established to approach funding
from good accounting practiGes.
Discussion was held to estabhsh il five member committee of one
representative for each Distnict to stUdy funding and future dues Chief Brown
volunteered to serve. As the Trellsurer, Commissioner Dav:s was suggested as a
member from E:NFD. Chief Greenberg offered Assistant Chief Mike Ginson for
BCIFD. Chief Metzger will announce who will represent GGFD. Fire COde Official
Riley was to be on the Commi1tee.
Ed Riley asked for direction for research on the legality issue for the FCOO
Chief Brown's committee will look at a bUdget and funding iSsues and suggested that
Riiey be allowed to talk to an attorney about the potential level of funding in advance
of the next meeting. As long :as the Committee agreed, Riley could proceed
Commissioner McMallon suggested that the departments that have not paid
dues should strongly consider doing so to be involved county wide
Chief Murphy asked for darification of wflat is going to be presented to the
City of Marco !sland City Council. Commissioner McMahon COnfirmed it would be a
version of the Consolidation power point and also an approac~l to the cities to deCide
to 'e-join the FSSC.
Chief McEvoy observed that comments could be made at that portion of the
agenda for Public Input One would hl!lve three minutes to speak.
c. General Comments .- None, a~hough some were made above this item and
during "Next Month's New Agenda Items."
VIII. Schedule Next Meeting Oate - April date
It was agreed that the next meeting wilt be on April 24th at 6GO P.M a: Big
Corkscrew Island Fire District at 13240 Immokalee Road in t'le Adrrinistration
Building. Food will be served
IX. Discussion of lIIext Month's New Agllnda Items
No comments at this pOint lor the Agenda.
Chief Brown asked, for purposes of consistency for the future, that the Facilitator will
do the minutes and the PreSident gave that direction. Chief Page wanted clarification
of his understanding of a flat fee of a $1.000 per month for the Faciirtator, a fee which
~e thought was excessive. After discussion, it was clarified that the amount was
payrne,t 'up to" a $1,000 per month and at a rille of $25 per 'lour.
X. Adjourn
A motion and second to adjourn ~ssed unanimously
Prepared end Edited by "JA' Rautio, FSSC Facilitator. 04.12-08, 4-21-08:
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East Naples Fire Control & Rescue District
4798 Divis Blvd, Naples Florida 34104
Telephone (239) 774-7111
Fax (239)774.1782
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Date:
'1L'2e.~/2008_______..
Time:
9:0].;J 9 AM
TO:
Name: $J;~.eri~ommittee M~ro.b.e!:s
Firm:
City, State:
Fax#:
FROM:
Name: Mary M F~__
Division: Arlmin;..~rationLH.,,,rl'1ll...rt=
Telephone: .~.9L.z742-1l.l
Total Pages (including cover she..t): 8
Comments:
Please find enclosed the 3rd reminder of the April 24th meeting and the minutes
from the March 27th meeting.
CONFIDENTIALITY NOTICE: T~i. Facsim'le transmis"on Is intended enly ~r the addressee Shown above
Jt may contain inforryuttion that is privileged.confldlmtlal or otherwise pretleted from dl&~lo5ure. p...ny review, d!ss8mlnatlon
or ua. of t~1S t.enamis..on or eny of ils eont..nls by perso"s other t~an tho addres..e is st"efly prohibijed
If you reoelVid thIs fax in error, phee!e call u. immediate!)' upon receipt arid ratum 1he facsimile documents, by first class
malIc the addr... above. Thank you for you, cooperatle,n.
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APR 0 4 2008
Board of County Commissioners
MINUTES OF THE FORUM OF THE COLLIER COUNTY
SPECIAL MAGISTRATE
Naples, Florida, January 31, 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 WORKSHOP 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
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The Special Magistrate called the Forum to order at 9:20 AM and welcomed the participants.
AGENDA
I. What is a Special Magistrate?
A. Formation and Authority:
· Quasi-Judicial Entity formed by the Board of County Commissioners
· Created to protect the public health, safety and welfare of County residents
· Ensures compliance with Ordinances and Codes
· Removed proceedings from Court setting into a non-criminal environment
· Goal: more expeditious and economical method handling of cases
B. Areas of Coverage:
· Primary venue for Code Enforcement violations in Collier County
· Other departments in the County request hearings of violations:
Department of Animal Services
Parks and Recreation
Sheriffs Department
Public Utilities
· A handout listing the various types of Violations and Citations was provided to
the general public for reference
(The Code Enforcement Board primarily deals with land use issues.)
C. Methods:
· Initial service of a Notice of Violation by Code Enforcement OR by service of a
Citation (a/kla "Ticket") from County Sheriff
· A "Notice to Appear" (at Hearing) is served via Certified Mail or by posting the
property where the violation occurred and at the Courthouse
· Personal service is not required
D. Powers:
· Code Enforcement Board and Special Magistrate have the same powers:
May issue a subpoena requiring the attendance of an individual, and/or
the production of documentation (records/surveys/photographs)
- Take testimony under Oath
- Issue Orders that have "the force of law" requiring compliance
- Assess fines, costs of prosecuting the case, and penalties in accordance
with Ordinance/Code
- Costs are less than those assessed in the Court system
II. Enforcement Procedures
A. Methods ofInitiation of Case
· Via regular patrol by Code Enforcement Investigator who observes violation and
notifies resident
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. Via complaint initiated by private citizen to Code Enforcement Department
B. Health, Safety and Welfare Violations
. Swimming pools: problems with stagnant water or lack of separate
screening/fencing of pool area
- can become breeding ground for mosquitoes, etc.
- considered to be an "attractive nuisance"
- may order 24-hour compliance if situation is determined to be dangerous
C. Repeat Violations
. Second or third offense for same problem
. Higher fees may be assessed and stricter penalties may be applied
. May assess fines up to $5,000 a day - if health/safety/welfare issue, the fine can
be as high as $15,000 a day
. May suspend requirement of notice
D. Transfers of Property
. It is the responsibility of the homeowner/seller to notify a prospective buyer that
a case is pending before the Special Magistrate or that fines have been assessed
against the property.
. Copies of all notices must be provided to the new owner.
. The violation is attached to the property, not the owner.
. The penalty if full disclosure is not made in writing is very serious. It isfraud and
Civil Court action may be initiated.
III. Conduct of Hearings
A. Language
. It is the responsibility of non-English speaking residents to bring an interpreter
or translator to the Hearing
. The County does not provide translators
B. County's Presentation
. "Due Process" is the right of a citizen to be present and to defend his/herself
against charges
. Representation by attorney is not required
. Special Magistrate does not interpret Constitutional law
. Special Magistrate Hearings are conducted in the BCC Chambers in the
Collier County Government Complex
. Hearings may be at held at the Community Development and Environmental
Services Building on Horseshoe Drive ifBCC Chambers are not available
. Parliamentary procedure is followed - not court-room procedures ("Rules of
Evidence")
. Hearsay is permitted
. Relaxed environment but order is maintained at all times - disruption is not
allowed
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· The "Burden of Proof" is responsibility of County - operating rule is
"Preponderance of Evidence", not "beyond a reasonable doubt"
· The Special Magistrate's goal is to understand the position of both sides
· The County's representative, i.e., Code Enforcement Investigator, Deputy
Sheriff, DAS Officer or Public Utilities Investigator, will present the findings
together with supporting documentation
· Initial Order is verbal- the written Order is mailed to Respondent within ten
days after the Hearing.
C. Respondent's Presentation
· Appearance is not necessary - may enter into a Stipulation and agree to pay fine
. Individual's time to present their documentation
· Reasonable amount of time is allowed to present case
. May bring a witness to testifY on behalf of Respondent
IV. Penalties for Ordinance Violation
. Fines accrue on a daily basis - can be quite expensive very quickly
· Range offines based upon Ordinance and type of violation
· All property, both real and personal, is subject to lien and may be "attached"
· County can foreclose and take property to satisfy the lien if payment is not made
. Only exemption is "Homestead" (personal residence)
V. Motions for Rehearing and Appeals
· A Motion for Rehearing may be made if Special Magistrate makes an error of
law, or if the finding ("ruling") is not supported by the evidence
· Respondent cannot request a Rehearing simply because he/she didn't like the
decision made
. Motion must be filed within 10 days of the written Order
. An Appeal must be filed within 30 days of the written Order
. Appeals are heard by the Circuit Court of Collier County
. It is not a new trial but a review of the findings ("decision") previously made
VI. Methods of Notice
A. Notice of Violation
. Served by the County's representative
. If applicable, given a specific time to correct the violation
. If violation still exists beyond deadline, a Notice of Hearing
B. Notice of Hearing
. Written document which specifies the day and time of Hearing
. May request a Continuance (in writing, 5 days prior to Hearing) for a good
reason (i.e., medical treatment, business trip, planned vacation)
. Personal Service is not required
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. May be served by a Sheriff (rare)
. May be served by a Code Enforcement Investigator
. May be served via Certified Mail
. Property may be posted - Affidavit of Service
. Posting at the Courthouse
. Usually served ten days in advance of Hearing date
VII. Civil Citations
A. Civil Infraction Penalties
. Found on Citation - specific information in writing
. Consistent forms are used
. $500 cap on penalty for civil
. County has set schedule of fees
B. Options upon Issuance of Citation
. Pay the fine as directed
. Contest and request a Hearing
. Will be notified when Hearing is scheduled
. If individual refuses to sign, it becomes a 2nd Degree Misdemeanor and is
handled in the Criminal Court system
VIII. Training for Code Enforcement Officers
Job responsibilities:
. Learn the applicable law
. Learn how to deal with public and when to ask for assistance
. Learn how to take sworn statements
. Learn to differentiate between a Citation and a Notice to Appear
. When and how to issue the Notice to Appear or Citation, i.e., types of service
. How to use warnings
. Learn how to present a case at Hearing
. How to maintain files and keep accurate records
Question from Public:
Q. What recourse does the County have against Absentee Owners who are in violation but
do nothing about it?
The County can foreclose on property even if the owner resides out of state, and the property
can be sold on the Courthouse steps through the County Attorney's Office. That is the most
severe consequence. The owner is responsible for maintaining the property in accordance with
County Codes and Ordinances. Due process will be followed, but the property will be sold
unless all violations are abated.
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BREAK: 10:35 AM
RECONVENE: 11:00 AM
The Special Magistrate explained the actual Hearing Instructions that she would
present at the beginning of the Special Magistrate Hearings. The Instructions are in the
process of being translated into both Spanish and Creole.
IX. Mock Code Enforcement Hearings:
A. Actors
(1) Code Enforcement Investigators and Supervisors
(2) Volunteers from audience
B. Conduct Hearings
Members of the public, as well as Code Enforcement Officers, participated in mock
trials of various Code Enforcement scenarios which were based on actual cases.
There being no further business for the good of the County, the Public Forum was adjourned
by Order of the Special Magistrate at 12:30 PM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
o
cial Magistrate, Brenda Garretson
These Minutes w~ approved by the Special Magistrate on
as presented V , or as amended .
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APR 0 4 2008
MINUTES OF THE HEARING OF THE COLLIER COffi\:frY'"ntyCommissioners
SPECIAL MAGISTRATE
Naples, Florida, March 7, 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
ALSO PRESENT:
Gary Dantini, Code Enforcement Supervisor
Marlene Stewart, Code Enforcement Administrative Secretary
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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 opportunity 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
The Special Magistrate announced that, on March 7, 2008, she signed into effect the Revised
Rules and Regulations under which the Office of the Special Magistrate operates. The Revised
Rules and Regulations have been approved by the Board of County Commissioners.
II. APPROVAL OF AGENDA
Marlene Stewart, Code Enforcement Administrative Secretary, proposed the following changes:
(a) Under Item V(B), "Hearings," the following case was REMOVED from the Agenda by
the County due to compliance:
. Agenda #4, Case # 2007070057 - BCC vs. RGZ Land Development, LLC
(b) Under Item V(B), "Hearings," the following case was WITHDRAWN by the County
due to payment of fines:
. Agenda #6, Case # SO 161194 - BCC vs. William J. Kendall
(c) Under Item VI(A), "Imposition of Fines," the following cases were WITHDRAWN by
the County due to payment:
. Agenda #13, Case # 2004080776 - BCC vs. Endless Summer RV Estates, L TD
. Agenda #14, Case # 2004090339 - BCC vs. Joseph H. & Laura H. Holcomb
(d) CORRECTIONS:
. Under Item V(B), "Hearings," Agenda #5, Case # 20070000304, the violation address
was corrected to 3080 Van Buren.
· Under Item VI(A), "Imposition of Fines," Agenda #3, Case # 2005040190, the Owner's
name was corrected to Dan P. Hoolihan.
(e) Under Item V(B), "Hearings," Agenda #8, Case # SO 161303 - BCC vs. Edwin Q.
Hernandez was dismissed as requested by the Sheriff's Department Deputy.
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.
III. APPROVAL OF MINUTES
The Minutes of the Hearing held on February 15, 2008 were reviewed by the Special Magistrate
and approved as submitted.
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IV. MOTIONS
A. Motions for Continuance: NONE
V. PUBLIC HEARINGS
A. Stipulations:
15. Case # PR 000400 - BCC vs. E. Podl!orske
The Hearing was requested by the Respondent who had been present earlier but left before
the Hearing could be heard..
Collier County Park Ranger Norman Skinner was present.
Violation(s): Ord. Sec. 130-66
Not parked in parking area
Violation address: Rover Run Veterans Park
The Park Ranger stated he met with the Respondent earlier and the Respondent admitted to
the violation. He further stated the Respondent entered into an ORAL STIPULATION and
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 afine in the amount of
$30.00, together with an administrativefee of$5.00, on or before April 7, 2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
Operational Costs were waived.
14. Case #PR 002337 - BCC vs. Richard M. Randall
The Hearing was requested by the Respondent who had been present earlier but left before
the Hearing could be heard..
Collier County Park Ranger Carol Buckler was present.
Violation(s): Ord. Sec. 130-66
Failure to display paid launch receipt
Violation address: 951 Boat Ramp
The Park Ranger stated she met with the Respondent earlier and the Respondent admitted to
the violation. Ranger Buckler further stated the Respondent entered into an ORAL
STIPULATION and agreed to pay the fine.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the allegedviolation(s) and was ordered to pay afine in the amount of
$30.00, together with an administrative fee of $5.00, on or before April 7, 2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
Operational Costs were waived.
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V. PUBLIC HEARINGS
B. Hearings:
2. Case #2007100970 - BCC vs. Y ordanvs Hector
The Hearing was requested by Collier County Code Enforcement Investigator Ed Morad
who was present.
The Respondent was not present.
Violation(s): Ord. 04-41, Sec. 2.01.00(A)
Inoperable/untagged vehicles
Violation address: 2081 Sunshine Blvd., Golden Gate City
The Special Magistrate stated that, due to a County-wide problem with mailing and
service of Notice, the case will be CONTINUED.
3. Case #2007100969 - BCC vs. Y ordanvs Hector
The Hearing was requested by Collier County Code Enforcement Investigator Ed Morad
who was present.
The Respondent was not present.
Violation(s): Ord. 2005-44, Sections 6 & 7
Litter and accumulation of Litter
Violation address: 2081 Sunshine Blvd., Golden Gate City
The Special Magistrate announced that, due to a County-wide problem with mailing and
service of Notice, the case will be CONTINUED.
7. Case # SO 158454 - BCC vs. Charles Dahlstrom
The Hearing was requested by the Respondent, Beverly Dahlstrom, who was not present
but was represented by her husband.
Collier County Deputy Sheriff Fred Klinkman was also present.
Violation(s): Ord. 130-67
Handicap space - driver used permit of another
Violation address: Home Depot
The Deputy stated the Citation had been issued to Beverly Dahlstrom.
Charles Dahlstrom stated the vehicle was titled to both his wife and himself, but the
handicapped permit was issued solely to him. He drove his wife's car to Home Depot
and parked it in a handicapped parking space. They switched cars, and he drove his vehicle
away but left the handicapped permit in his wife's car.
The Deputy stated he observed the Respondent, Beverly Dahlstrom, loading her car but the
handicapped permit was not visible. When he asked for her permit, she stated it had been
issued to her husband. The Deputy stated he explained the penalty for using someone
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else's handicapped permit while parking in a handicapped space, and the fine could be as
high as $500.00 and/or 60 days in jail under the State's Statute.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay afine in the amount of
$250.00 on or before April 7, 2008 unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
Operational Costs were waived.
9. Case # SO 159168 - BCC vs. Irma Tobar
The Hearing had been requested by the Respondent who was not present.
Collier County Deputy Sheriff Lindley was present.
Violation(s): Ord. Sec. 130-66(I)(H)
Parked in fire lane
Violation address: Winn Dixie Plaza in front of Bealls (Golden Gate Pkwy)
The Deputy stated this case had been continued from a previous Hearing. He stated every
other column was posted with notices identifying the fire lane.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay afine in the amount of
$30.00, together with an administrative fee of $5. 00, on or before April 7, 2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay Operational Costs incurred by Code Enforcement
during the prosecution of this case in the amount of $50. 00 on or before April 7, 2008.
10. Case # DAS 11798 - BCC vs. Anl!ela Howard
The Hearing was requested by the Respondent who was present.
Collier County Department of Animal Services Officer Anita Martindale was present.
William and Angela Caldwell were also present as witnesses.
Violation(s): Ord. 14.36, Sec. A(2)
Allow dog or cat to run at large
Violation address: 106 Westwood Dr., Naples, FL 341 10
The Respondent stated she owns two Labrador Retrievers that are kept either in her house
or in the yard. She had an electric fence installed to surround her property. She stated
there are other dogs in the neighborhood that resemble her dogs and feels some of the
problems attributed to her dogs might be due to mistaken identity. She stated she tried to
be in her yard whenever her dogs were outside to make sure they remained on property.
She stated the next door neighbors are the only ones who seem to have a problem with her
dogs.
The Officer stated she had not witnessed the dogs being off property. She stated the
reporting parties showed her two videos - one was very dark and the other showed a dog
with its paws on the driveway. She was unable to find other neighbors who had also
experienced problems with the dogs.
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William Caldwell stated the dogs bit his wife, Angela, approximately two years ago. The
dogs have also chased his son, Nathan. He stated the dogs have become more aggressive
and most of the problems happened during the evening hours. He had also called the
County Sheriffs Department because of this problem. He brought the videos to show the
dogs were not wearing their shock collars and were in front of other neighbor's houses
further down the street.
The Respondent viewed the videos and objected to one of the videos being admitted into
evidence. The other showed her house at Christmas.
The Special Magistrate stated the video was not clear enough to see anything and determined
it had little probative value, but she admitted it into evidence as County's Exhibit "A" for
Appellate purposes. Mr. Caldwell was requested to provide a copy of the video on a CD to
Code Enforcement by March 14,2008.
The Respondent stated her dogs have not bitten anyone. She stated a previous dog, a black
Lab, did scratch Angela Caldwell, but that dog is no longer at her property. She further
stated she is having a large hedge planted on her property to restrict visual contact between
her dogs and the neighbors.
The Special Magistrate ruled there was sufficient evidence to determine the dogs were off-
property and roaming "at large."
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay afine in the amount of
$100.00, together with an administrative fee of$7.00, on or before May 7,2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay Operational Costs incurred by Code Enforcement
during the prosecution of this case in the amount of $50. 00 on or before May 7, 2008.
RECESS: 10:38 AM
RECONVENE: 10:51 AM
VI. NEW BUSINESS
A. Motion for Imposition of Fines:
5. Case # 2005070547 - BCC vs. Zonia & Julio Lambert
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini.
Violation(s): Ord. 04-41 as amended, Sec. 1.04.01,2.01.00
Multiple unlicensed vehicles on front of property
Violation Address: 3450 Cherokee St., Naples, FL 34112
Investigator Dantini stated the violation had been abated, and the County requested
imposition only of Operational Costs in the amount of$163.47.
The Respondent stated the property was part of a family Trust. He was unaware the
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March 7, 2008
Operational Costs had not been paid and stated he would pay the Operational Costs within
90 days.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
15. Case # 2004090214 - BCC vs. Kevin D. and Kathleen Murphv
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini.
The Respondent, Kevin D. Murphy, was present and also represented his wife, Kathleen
Murphy.
Violation(s): Ord. 04-58, Sec. 7
Failure to register rental property
Violation Address: 7925 Tiger Lily Dr., Naples, F134113
Investigator Dantini stated the violation had been abated.
The County requested imposition of the Operational Costs in the amount of$135.88,
together with fines in the amount of $5, 130.00 for the period from April 5, 2005 through
September 23, 2005 (I 7 I days @$30.00/day), for a total fine of$5,265.88.
The Respondent stated he purchased the property in March, 2006, and did not have any
knowledge of the prior situation or why his attorney or the title company failed to advise
him of the lien. He stated the lien had apparently not been recorded when he closed on his
property. He stated the property is his home and is not a rental property.
County Attorney Jeff Wright requested a brief conference with Code Enforcement, and
Investigator Dantini stated the County would have no objection to a reduction in the
amount of the fines.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines but,
due to the unusual circumstances, reduced the total amount to $135.88 (Operational
Costs).
18. Case # 2006070320 - BCC vs. Rothchild Investments. LLC c/o Christopher Shucart
The County was represented by Collier County Code Enforcement Investigative Supervisor
Jeff Letourneau.
The Respondent was also present. The Respondent stated he is a Managing Member of
Rothchild Investments, LLC.
Violatiou(s): Ord. 04-41, Sec. 1.04.01A, 1O.02.06(B)(l)(A)(D)(I)
Non-permitted food cart, no Collier County Occupational License
Violation Address: 1195 Airport Rd. S.
The County requested imposition of Operational Costs in the amount of$144.60 together
with fines in the amount of:
(a) $72,000.00 for the period from August 29,2006 through June 13,2007
(288 days @ $250/day), and
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(b) $55,500.00 for the period from July 28, 2007 through March 6, 2008
(222 days @ $250/day)
for a total amount of$127,644.60.
The Respondent stated his company purchased the shopping center on Airport Road which
included the "red wagon" concession stand. He was aware of the lien and had spoken with
the owner, Victor George, who assured him that the fines would be paid and items cited by
the County would be repaired. The Respondent introduced a copy of letter of agreement
(with attachments) to Victor George which was admitted into evidence and marked as
Respondent's Composite Exhibit "A."
The Respondent stated he became involved in April, 2007 and that he obtained a building
permit and corrected all of the violations previously cited by the County. He obtained a
Certificate of Completion for the permanent tie-down of the wagon on August 21, 2007.
He further stated between attorney's fees, survey costs, and permit fees, his company has
expended approximately $8,000.00 to correct the violations.
Investigator Letourneau stated that since the wagon has not been operated, the conditional
use permit and occupational license required by the Order were not really necessary.
Supervisor Letourneau stated the County would not object to a reduction of the fees.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines
but, due to mitigating circumstances, reduced the fees to $6,250.00 for a total fine of
$6,394.60 (including Operational Costs of$144.60).
3. Case # 2005040190 - BCC vs. Dan P. Hoolihan
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini.
The Respondent was also present and stated his name is Daniel Patrick Hoolihan.
Violation(s): Ord. 04-41 as amended, Sec. 10.02.06 & 104.1.3.5
Unpermitted electrical alteration
Violation Address: 2721 66th St. SW, Naples, FL 34105
Supervisor Dantini stated the violation had been abated.
The County requested imposition of the Operational Costs in the amount of$168.57,
together with fines in the amount of $750.00 for the period from November 16, 2005
through December I, 2005 (I5days @ $50.00/day), for a total fine of$918.57.
The Respondent stated the property had been owned by his brother, David Hoolihan, who
died in December, 2005. He stated he purchased the property from the Estate in January,
2008. Neither his attorney nor the title company informed him of the lien. He further
stated the Estate does not have the funds to pay the lien.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines
but, due to mitigating circumstances, reduced the total amount of the fine of$168.57.
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16. Case # 2004110643 - BCC vs. Fifth Third Trust Co. & Savinl!s Bank. Attn:
Corporate Facilities
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini.
The Respondent was represented by Pat Ferguson, Senior Facility Manager.
Lynn Rants, Images Sign Company, was also present as a witness.
Violation(s): Ord. 04-41 as amended, Sec. 5.06.00, 5.06.01, 5.06.06(C)(I), 1O.02.06(B)
Expired sign pole permit
Violation Address: 5076 Airport Rd. N., Naples, FL 34105
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 $3,500.00 for the period
from August 31, 2005 through November 9, 2005 (70days @ $50.00/day).
Mr. Ferguson asked the representative from Images Sign Company to explain the timeline.
Ms. Rants stated her company was hired to abate the violation. She initially applied for a
Demolition Permit from Collier County as requested but later found it does not exist for
signage. She contacted Michaelle Crowley who stated fines would not be levied while the
company was trying to remove the non-conforming pole sign. Additional permits were
applied for, the old sign was removed on September 29, 2005, and a final inspection was
conducted in November, 2005. She stated the inspection was delayed due to Hurricane
Wilma. She did not think there was any urgency to completing the project.
The Special Magistrate stated the Bank had a responsibility to follow up with the County.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines
but, due to mitigating circumstances, reduced the total amount of the fine of $500. 00.
V. PUBLIC HEARINGS
B. Hearings:
1. Case # #2007070244 - BCC vs. Mary Edwards
The Hearing was requested by Collier County Code Enforcement Investigator Azure
Sorrels who was present.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Secs. 1O.02.06(B)(I)(A), 10.02.06(B)(I)(E) &
1 0.02.06(B)(I )(E)(I)
Building permits
Violation address: 47 Moon Bay St.
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The Investigator stated the case had been continued from a previous hearing and the violation
concerned an unpermitted storage shed. She further stated she had spoken with the property
owner and her son several times. She stated the property owner is handicapped and has a
limited income.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to apply for and obtain all required
building permit, inspections and a Certificate of Completion or obtain a demolition
permit, inspections and a Certificate of Completion, on or before April 7, 2008, or a fine
of $1 00.00 per day will be imposed for each day the violations remain thereafter 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 $226. 13 on or before
April 7, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation(s) had been abated.
The Investigator stated that, due to the Respondent's limited income, the County would not
object to reducing the fine to $50.00 per day even though she had initially asked for the full
amount allowed by Statute.
The Special Magistrate granted the County's request for a reduction of the amount of the
fine.
S. Case # 20070000304 - BCC vs. Henry Tesno and Jill Weaver
The Hearing was requested by Collier County Property Maintenance Specialist Joe Mucha
who was present.
The Respondents were not present.
Violation(s): Ord. 2004-58, Section 6, Subsection 2 & II
Mobile home being occupied without water and electric
Violation address: 3080 Van Buren Ave, Naples, FL 34112
The Investigator stated the property is solely owned by Jill Weaver and the violation
address is 3080 Van Buren Avenue. He further stated the violation included Subsection 11.
The Investigator introduced a letter from the City of Naples verifYing that power and
electric had been turned off to the property and a list all of the violations which were
marked as County's Composite Exhibit "A" and admitted into evidence. He also introduced
fourteen photographs of the property which were marked as County's Composite Exhibit
"B" and admitted into evidence.
The Special Magistrate noted this was a repeat violation of Case #2007110459. The
confusion over the names of the property owners was due to the prior case in which the
property was owned by both parties. The Ordinance allows the repeat violation to be
brought even though the property address was different.
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The Special Magistrate noted the Agenda is amended to reflect the changes of ownership,
address, and violation subsection.
The Investigator stated the property is currently vacant and has been posted.
Cpl. Mike Nelson, Collier County Sheriff's Department, stated the tenants had illegally
tapped into a neighbor's water supply, and had run an extension cord between the two
properties which ended up starting a small fire.
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 of $5,000. 00
on or before April 7, 2008 unless altered by a subsequent Stipulation or Order of the
Special Magistrate.
The Respondent was ordered to restore water and electricity to the property OR obtain a
Boarding Certificate and inspection to secure the property until the utilities could be
restored, all on or before March 14, 2008, or a fine of $500.00 per day will be imposed
for each day the violations remain thereafter unless altered by a subsequent Stipulation
or Order of the Special Magistrate.
lfthe Respondent is unable to comply by June 7, 2008, Code Enforcement may obtain
contractor bid-out to demolish the property and assess the cost for the abatement to the
Respondent. Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's
Office.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $243. 60 on or before
April 7, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation(s) had been abated.
11. Case # DAS 11618 - BCC vs. Nelson Martinez
12. Case # DAS 11619 - BCC vs. Nelson Martinez
13. Case # DAS 11620 - BCC vs. Nelson Martinez
The Hearing was requested by the Respondent who was present and who stated that he
did not speak English.
The Special Magistrate stated these cases would be continued to allow the Respondent an
opportunity to bring a translator with him.
Supervisor Dantini contacted Code Enforcement Investigator Cristina Perez via telephone.
in order for her to explain to the Respondent that the cases would be CONTINUED.
RECESS: 12:23 PM
RECONVENED: 12:37 PM
11
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VI. NEW BUSINESS
A. Motion for Imposition of Fines:
1. Case # 2004080929 - BCC vs. Nathan Benderson Trust. et al. & Ruben Wayne
Violation(s): Ord. 04-41, Secs. 5.06.00, 5.06.01, 5.06.06(C), 1O.02.06(B)
Wall signs with cancelled permit
Violation Address: 4965 Golden Gate Pkwy.
The Special Magistrate stated this case would be CONTINUED due to a lack of
confirmation from the U.S. Postal Service of delivery of Notice to the Respondent.
2. Case # 2005081087 - BCC vs. Robert A. Mitchell
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00
Boat parked on side of house
Violation Address: 3465 Dorado Way
The Special Magistrate stated this case would be CONTINUED due to a lack of
confirmation from the U.S. Postal Service of delivery of Notice to the Respondent.
6. Case # 2005110328 - BCC vs. Tereso Bautista & Emiliana Lopes Vasquez
Violation(s): Ord. 04-58, Sec. 7
No rental registration
Violation Address: 3545 23rd Ave. SW
The Special Magistrate stated this case would be CONTINUED due to a lack of
confirmation from the U.S. Postal Service of delivery of Notice to the Respondent.
10. Case # 2005010687 - BCC vs. AI'd Favard. Jr.
Violation(s): Ord. 04-41 as amended, Sec. 1.04.01 & 2.02.03
Several unlicensed/inoperable vehicles
Violation Address: 901 Airport Road S.
The Special Magistrate stated this case would be CONTINUED due to a lack of
confirmation from the U.S. Postal Service of delivery of Notice to the Respondent.
8. Case # 2007080668 - BCC vs. RoHan Perez
Violation(s): 2004 FBC, R41 0 1.1 7.1 as adopted by Collier County
Residential swimming pool without a safety barrier
Violation Address: 1974 46th St. SW
The Special Magistrate stated this case would be CONTINUED due to a lack of
confirmation from the U.S. Postal Service of delivery of Notice to the Respondent.
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,
9. Case # 2007030290 - BCC vs. RoHan Perez
Violation(s): Ord. 2004-58, Sec. 6, Subsec.l, 5, 11 and Sec. 7, Subsec. 2
Failure to register rental property and renting a room in dwelling
With no kitchen or bath facilities
Violation Address: 652 Pompano Drive
The Special Magistrate stated this case would be CONTINUED due to a lack of
confirmation from the U.S. Postal Service of delivery of Notice to the Respondent.
17. Case # 2006080317 - BCC vs. William Scrivens Est.. Cleveland BUfl!ess
and James Scrivens
Violation(s): Ord. 04-41, Sec. 1O.02.06(B)(l)(A), (B)(l)(D), (B)(l)(D)(I)
No permits for second mobile home
Violation Address: 424 15th St. SE
The Special Magistrate stated this case would be CONTINUED due to a lack of
confirmation from the U.S. Postal Service of delivery of Notice to the Respondent.
4. Case # 2005110770 - BCC vs. Estiverne Meveilleuse
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini and Investigator Carol Sykora.
The Respondent was not present.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00
Unlicensed/Inoperable vehicle on property
Violation address: 631 Hope Circle
Supervisor Dantini stated the violation had been abated.
The County requested imposition only of the Operational Costs in the amount of$190.67.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
7. Case # 2005070730 - BCC vs. Boldin!! & Co.. Inc.. Villa!!e Inn of Goodland
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini.
The Respondents were not present.
Violation(s): Ord. 81-42, Sec. 1
Failure to maintain occupational license for the Village Inn of Goodland
Violation address: 212 Harbor Place, Goodland, FL 34140
Supervisor Dantini stated the violation had been abated.
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16 'MarcJlt
The County requested imposition of the Operational Costs in the amount of $170.51,
together with fines in the amount of$18,500.00 for the period from October 31, 2005
through December 7, 2005 (37 days @$500.00/day), for a total fine of$18,670.51.
The Special Magistrate GRANTED the County's Motion for Imposition of Fines.
11. Case # 2005060225 - BCC vs. Laker Investment Me:mt.. Inc.
The County was represented by Collier County Code Enforcement Supervisor Gary
Dantini.
The Respondent was not present.
Violation(s): Ord. 04-58, Sec. 7(2)
Failure to obtain rental registration
Violation address: 4500 Golden Gate Pkwy, Naples, FL 34116
Supervisor Dantini stated the violation had been abated.
The County requested imposition only of the Operational Costs in the amount of$186.77.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
VII. OLD BUSINESS - None
VIII. CONSENT AGENDA
A. Recommendation to approve the Imposition of Lien for owners of record who have
failed to pay invoices resnlting from nuisance abatement violation enforcement
actions.
The Special Magistrate stated she was provided an Executive Summary together with
packets of information with the exception of Item #2.
Sue Chapin, Secretary to the Special Magistrate, stated no packet or information had
been provided for that case.
The Special Magistrate stated she would approve all of the cases with the exception
of Case #2007090652 - BCC vs. Than Naing (Lien amount - $297.00).
IX. REPORTS
X. NEXT MEETING DATE -April 4, 2008
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*****
There being no further business for the good of the County, the Hearing was adjourned by
Order ofthe Special Magistrate at 12:51 PM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
~s~e'B~~
These Minutes ~7Pproved by the Special Magistrate on ~ \ '1t ~
as presented , or as amended .
15
. Flaia 1\j)i',~'it _ RECEIVED 16 1
. Hal'lf - ..;jj -. APR 1 8 April 4, 2008
H. enn.lnG__'~'T... - -r-.;-. 2008
..~ ' ' ~
:~r~~ta .~. 'MTh UTES OF THE HEARING OF THE co"LL"IERmCOUNTY
SPECIAL MAGISTRATE
Ie
Naples, Florida, April 4, 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:
Secretary to the Special Magistrate:
Honorable Brenda Garretson
Sue Chapin
STAFF PRESENT:
Jeff Letourneau, Code Enforcement Investigative Supervisor
Marlene Stewart, Code Enforcement Administrative Secretary
Misc. CoIfes:
Date:
Item #:MI f_1
-':-"):'")S to'
(j
161
April 4, 2008
1C
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 opportunity to speak with their Investigating Officer(s) for a Resolution
by Stipulation; looking for compliance without being punitive.
RECESS: 9:14 AM
RECONVENED: 9:37 AM
II. APPROVAL OF AGENDA
Marlene Stewart, Code Enforcement Administrative Secretary, proposed the following changes:
(a) Under Item V(B), "Hearings," the following cases were WITHDRAWN by the County
due to compliance and/or payment of fines:
· Agenda #1, Case # SO 160410 - BCC vs. James Driscoll
· Agenda #20, Case # 2007080886 - BCC vs. Janet Telitz & William E. Burford
· Agenda #28, Case # 2007080554 - BCC vs. Jeffrey & Rebecca Davenport
(b) Under Item VI(A), "Imposition of Fines," the following case was WITHDRAWN by
the County due payment:
· Agenda #7, Case # 2005010687 - BCC vs. Al'd Fayard, Jr.
(c) Re: Agenda #30, "Hearings," Case # CEPM 20080001391, BCC vs. Edilbray Perez
and Belkis Martinez, the folio number was corrected to 36234240008.
(d) Re: Agenda #6, "Imposition of Fines," Case # 2007030290, the owner's name was changed
to DLJ Mortgage Capital, Inc.
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.
III. APPROVAL OF MINUTES
The Minutes of the Special Magistrate Forum held on January 31, 2008, and the Minutes of
the Hearing held on March 7, 2008 were reviewed by the Special Magistrate and approved as
submitted.
IV. MOTIONS
A. Motions for Continuance: Agenda #3, #5, #18, and #19
3. Case # SO 160369 - BCC vs. James Grant
The Hearing was requested by the Respondent who was present.
Collier County Deputy Sheriff Lewis was not present.
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Violation(s): Ord. Sec. 130-66(I)(H)
Parked in fire lane
Violation address: 7101 Radio Rd.
The Special Magistrate stated the request submitted by the Sheriffs Department was not
filed in a timely manner.
The Special Magistrate DENIED the Request for a Continuance from the Sheriff's
Department.
The Respondent requested dismissal of the case.
The Special Magistrate GRANTED the Respondent's Motion for Dismissal.
5. Case # PR 000565 - BCC vs. Robert Ahern
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Norman Skinner was present.
Violation(s): Ord. Sec. 130-67
Parking in handicapped space with no permit
Violation address: Bay View Park
The Special Magistrate noted the Respondent had submitted a written Request for a
Continuance stating he would be out of state on the date of the Hearing, but it did not
establish when his plans were made.
The Park Ranger stated he objected to the granting of a Continuance.
The Special Magistrate DENIED the Respondent's Motion for a Continuance and
stated the Respondent would be entitled to a Re-Hearing if he could submit proof
that his plans to be out of state predated the receipt of the Notice of Hearing.
18. Case # PU 3912 - BCC vs. Gary A. & Janet A. Chace
The Hearing was requested by the Respondents who were not present.
Collier County Public Utilities Investigator George Cascio was present.
Violation(s): Ord. 02-17, Sec. 5.4
Phase III Water Restriction
Violation address: 6766 Buckingham Ct
The Special Magistrate noted the Respondents had submitted a written Request for a
Continuance in a timely manner, but it was signed by an "Elisa Hayes" and her relationship
to the Respondent was not identified.
The Investigator stated he objected to the granting of a Continuance.
3
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The Special Magistrate stated the Request was not signed by the Respondents, and did not
mention why the Respondents were unable to attend
The Special Magistrate DENIED the Respondents' Motion for a Continuance and stated
the Respondents would be entitled to aRe-Hearing if they could submit proof that their
plans predated the receipt of the Notice of Hearing.
19. Case # PU 3933 - BCC vs. Crail! & Ginl!er Lea Robinson
The Hearing was requested by the Respondent who was not present.
Collier County Public Utilities Investigator George Cascio was present.
Violation(s): Ord. 02-17, Sec. 5.4
Phase III Water Restriction
Violation address: 452 Sharwood
The Special Magistrate stated the Respondents had submitted a written Request for a
Continuance on a timely manner stating they would be in Georgia until April 12, 2008.
The Investigator stated he had no objection to the granting of a Continuance.
The Special Magistrate GRANTED the Respondents' Motion for a Continuance.
Sue Chapin, Secretary to the Special Magistrate, stated Stipulations had been reached in
Agenda #21, #22, #25, #26, #27, #2 and #14.
V. PUBLIC HEARINGS
A. Stipulations:
21. Case # 2007100970 - BCC vs. Y ordanvs Hector
The Hearing was requested by Collier County Code Enforcement Investigator Ed Morad
who was present.
The Respondent was not present.
Violation(s): Ord. 04-41, Section 2.0I.OO(A)
Inoperable/untagged vehicles
Violation address: 2081 Sunshine Blvd., Naples, FL 34116
A Stipulation had been agreed to by the Respondent on Aprill, 2008.
The Investigator stated the Respondent agreed to pay the Operational Costs.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to remove all vehicles from the premises
without valid license plates on or before April!, 2008, or afine of $50. 00 per day will be
imposed for each day the violation remains thereafter, unless altered by a subsequent
Stipulation or Order of the Special Magistrate. The Respondent was further ordered to
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April 4, 2008
only allow licensed vehicles to park at the premises.
If the Respondent is unable to comply within the time period, Collier County may abate
the violation by contractor bid-out and assess the costs to the Respondent.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$264.40 on or before
May 4, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation(s) had been abated.
22. Case # 2007100969 - BCC vs. Yordanvs Hector
The Hearing was requested by Collier County Code Enforcement Investigator Ed Morad
who was present.
The Respondent was not present.
Violation(s): Ord. 2005-44, Section 6 & 7
Litter & accumulation of litter
Violation address: 2081 Sunshine Blvd., Naples, FL 34116
A Stipulation had been agreed to by the Respondent on April I, 2008.
The Investigator stated the Respondent agreed to pay the Operational Costs.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to remove a/llitter from the premises on
or before April 14, 2008, or a fine of $1 00.00 per day will be imposed for each day the
violation remains thereafter, unless altered by a subsequent Stipulation or Order of the
Special Magistrate.
If the Respondent is unable to comply within the time period, Collier County may abate
the violation by contractor bid-out and assess the costs to the Respondent.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $293.70 on or before
May 4, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur the
violation(s) had been abated.
25. Case # 2007050524 - BCC vs. Mabel Windrell bon. Mary Elaine Hill. Thomas A.
Johns. Sr.
The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul
who was present.
The Respondents were not present.
Violation(s): Ord. 04-41, Section 2.02.03
Inoperable/untagged vehicles
Violation address: 6917 Johns Rd., Naples, FL 34114
A Stipulation had been agreed to by all of the Respondents on April 3, 2008.
5
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The Investigator stated the Respondents agreed to pay the Operational Costs.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s) and ordered to obtain valid license plates for all
vehicles and make the vehicles operable, or to remove the vehicles from the premises or
to store the vehicles in a completely enclosed structure on or before April 14, 2008, or
ajine of $50. 00 per day will be imposedfor each day the violation remains thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondents are unable to comply within the time period, Collier County may
abate the violation by contractor bid-out and assess the costs to the Respondents.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Department
to enforce the Order.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $326. 51 on or before
May 4, 2008.
The Respondents are to notifY the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
26. Case # 2007050523 - BCe vs. Mabel Windrell Ison. Mary Elaine Hill. Thomas A.
Johns. Sr.
The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul
who was present.
The Respondents were not present.
VioIation(s): Ord. 2005-44, Sec(s). 6, 7 & 8
Li Iter
Violation address: 69] 7 Johns Rd., Naples, FL 34114
A Stipulation had been agreed to by all of the Respondents on April 3, 2008.
The Investigator stated the Respondents agreed to pay the Operational Costs.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s) and ordered to remove all litter from the premises
on or before April 14, 2008, or a jine of $1 00. 00 per day will be imposed for each day
the violation remains thereafter, unless altered by a subsequent Stipulation or Order
of the Special Magistrate.
If the Respondents are unable to comply within the time period, Collier County may
abate the violation by contractor bid-out and assess the costs to the Respondents.
Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Department
to enforce the Order.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $326. 51 on or before
May 4, 2008.
The Respondents are to notifY the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
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April 4, 2008
27. Case # 2007110261- BCC vs. Douelas Carter
The Hearing was requested by Collier County Code Enforcement Investigator Mario Bono
who was present.
The Respondent was not present.
Violation(s): Sec(s). 424.2.17.1 to 424.2.17.14 of the FL Bldg. Code 2004
Pool without permanent protective barrier
Violation address: 2524 Kings Lake Blvd., Naples, FL 34112
A Stipulation had been agreed to by the Respondent on April 4, 2008.
The Investigator stated the Respondent signed the Stipulation.
The Special Magistrate noted the Florida Building Code had been adopted by Collier County.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to obtain a Collier County Permit to
erect a permanent protective barrier around the pool and obtain a Certificate of
Completion on or before June 4,2008, or afine of $250. 00 per day will be imposed
for each day the violation remains thereafter, unless altered by a subsequent Stipulation
or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $248. 99 on or before
May 4, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
2. Case # SO 163093 - BCC vs. Patricia E. Ladlev
The Hearing was requested by Collier County Deputy Sheriff Lawrence Keller who was
present.
The Respondent had been present earlier and entered into a Stipulation but left before
the Hearing could be heard.
Violation(s): Ord. Sec. 130-67
Blocking access to a handicapped space
Violation address: Magnolia Sq. at Fashion Fresh
A Stipulation had been agreed to by the Respondent on April 4, 2008.
The Investigator stated the Respondent agreed to mail in the fine.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to pay a fine of $250.00, together with
an administrative fee of $5. 00, on or before June 4, 2008.
Operational costs were waived.
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14. Case # PU 3472 - BCC ys. Raymond M. & Tammy L. Sobel
The Hearing was requested by Collier County Code Public Utilities Investigator Jeremy
Florin who was present.
The Respondent, Raymond M. Sobel, had been present earlier and entered into a
Stipulation but left before the Hearing could be heard.
Violation(s): Ord. 02-17, Sec. 5.5.4
Phase II Water Restriction
Violation address: 13965 Collier Blvd., Naples, FL 34119
A Stipulation had been agreed to by the Respondent, Raymond M Sobel, on April 4, 2008,
on behalf of his wife, Tammy 1. Sobel, and himself.
The Investigator stated the Respondents agreed to pay the fines.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s) and ordered to pay a civil fine of$80.00 on or before
May 4, 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
May 4, 2008.
V. PUBLIC HEARINGS
B. Hearings:
4. Case # SO 163166 - BCC ys. Debra Pickerinl!
The Hearing was requested by the Respondent who was present.
Collier County Deputy Sheriff Lawrence Keller was also present.
Violation(s): Ord. Sec. 130-67
In handicapped space, expiration date not visible on permit
Violation address: 1250 Pine Ridge
The Respondent stated she was at a medical clinic for emergency treatment and did not
realize she had parked in a handicapped space, she thought she had parked one space over.
The Deputy stated the violation should be amended to parking in a handicapped space.
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
$250.00, together with an administrative fee of $5. 00, on or before June 4,2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
Operational Costs were waived.
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5. Case # PR 000565 - BCC vs. Robert Ahern
The Hearing was requested by the Respondent who was not present.
Collier County Park Ranger Norman Skinner was present.
Violation(s): Ord. Sec. 130-67
Parking in handicapped space with no permit
Violation address: Bay View Park
The Park Ranger introduced several photographs which were marked as County's Composite
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 cMlfine in the amount of
$250.00, together with an administrative fee of $5. 00, on or before May 4,2008 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
May 4, 2008.
6. Case # PR 002486 - BCC vs. Chris HOl!:enson
The Hearing was requested by the Respondent who was not present
Collier County Park Ranger Kurt Araquistain was present.
Violation(s): Ord. Sec. 130-66
Parking across delineated boundaries of parking space
Violation address: Vineyards Community Park
The Park Ranger introduced photographs which were marked as County's Exhibits "A,"
"B," and "C," 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 civilfine in the amount of
$30.00, together with an administrative fee of $5. 00, on or before May 4, 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
May 4, 2008.
7. Case # PR 002564 - BCC vs. Clifton Scott Ison
The Hearing was requested by the Respondent who was present.
Collier County Park Ranger Norman Skinner was also present.
Violation(s): Ord. 130-66
Truck & trailer parked across delineated line
Violation address: Golden Gate Community Park
The Respondent returned to pick up his son from baseball practice and stated parking is
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very limited in that lot because of the dirt from the remodeling of the boat ramp taking
four parking spaces and a dumpster taking up two parking spaces.
The Special Magistrate stated the Respondent could bring this situation to the attention
of County Commissioner Tom Henning.
The Park Ranger stated trailers are not permitted in the parking lots because they take
up too much space, and there were other lots available but at a greater distance to the
baseball fields. He was encouraged to use the other lots.
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$30.00, together with an administrative fee of$5.00, on or before May 4, 2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
Operational Costs were waived.
8. Case # PR 002410 - BCC vs. Sean Duffv
The Hearing was requested by the Respondent who was present
Collier County Park Ranger Barry Gorniak was also present.
Violation(s): Ord.] 30-66
Parked in unauthorized parking area
Violation address: Golden Gate Community Park
The Respondent stated there is no actual signage regarding parking, and agreed with the
previous Respondent concerning spaces made unusable due to the sand pile in the lot and
the dumpster. He introduced a photograph which was marked as Respondent's Exhibit "A"
and admitted into evidence.
The Ranger introduced a photograph which was marked as County's Exhibit "A" and
admitted into evidence.
The Park Ranger stated vehicles are not allowed to park on the grass due to the damage
caused to sprinkler heads. In this situation, the vehicle blocked access to the right-of-way.
Again, the Ranger encouraged him to use the other lots so as not to receive a violation.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUlL TY of the alleged violation(s) and was ordered to pay the civil fine in the amount
of$30.00, together with an administrative fee of $5. 00, on or before May 4, 2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
Operational Costs were waived.
9. Case # DAS 11636 - BCC vs. Manuel Quiroz
The Hearing was requested by the Respondent who was present.
Collier County Department of Animal Services Officer Peter Hinkley was also present.
Violation(s): Ord. Sec. 14-36 A2
Dog running at large
10
Violation address: 913 Pine Street
1 Al;I r008 I C
The Respondent stated he had corrected the problem with the dog running loose because
it is now tied up using a better collar and a stronger chain.
The Officer stated a Collier County Deputy called regarding an attack by the dog. He
introduced Affidavits from the victims which were marked as County's Exhibit "A" (signed
by Adam Tubiarties) and Exhibit "B" (signed by Deputy Travis Anderson).
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$100.00, together with an administrative fee of $7.00, on or before May 4, 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
May 4, 2008.
10. Case # DAS 11637 - BCC vs. Manuel Ouiroz
The Hearing was requested by the Respondent who was present.
Collier County Department of Animal Services Officer Peter Hinkley was also present.
Violation(s): Ord. Sec. 14-34 (A)(4)
No tags attached to animal
Violation address: 913 Pine Street
The Respondent stated he has obtained tags for the dog.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUlL TY of the alleged violation(s) and was ordered to pay the civil fine in the amount
of$100.00, together with an administrative fee of$7.00, on or before May 4, 2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
Operational Costs were waived.
RECESS: 11:31 AM
RECONVENED: 11:51 AM
V. PUBLIC HEARINGS
B. Hearings:
16. Case # PU 3497 - BCC vs. Donald Sheehan
The Hearing was requested by the Respondent who was present.
Collier County Public Utilities Investigator Andresky was present.
Violation(s): Ord. 02-17, Sec. 5.4
Phase III Water Restriction
Violation address: 219 Cypress Way W., Naples, FL 34110
The Respondent admitted his sprinkler system had a malfunction but stated the problem
11
A~14 2008
was the manner in which the County notifies the public of changes to water reli<Onl
He stated the property had been a rental property and was vacant at the time the Citation
was issued.
Ie
The Special Magistrate stated the Respondents comments should be directed to the
Collier County Board of Commissioners as she is not responsible for notifications by
the 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 the civil fine in the amount
of$75.00, together with an administrativefee of$5.00, on or before May 4,2008 unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
Operational Costs were waived
11. Case # SO 11618 - BCC vs. Nelson Martinez
The Hearing was requested by the Respondent who was present.
Douglas Valdes was present as an interpreter for the Respondent.
Collier County Department of Animal Services Officer Zeitler was also present.
Violation(s): Ord. 14.36, Sec. A(2)
Allowing a dog to run at large
Violation address: 37th Ave., NE
All three cases were heard together.
The Respondent stated the dogs are German Shepherds and were originally owned by a
neighbor who moved away. He stated he was at work but one of his daughters left the gate
open and the dogs escaped.
The DAS Officer stated the dogs damaged property on the lanai of another neighbor. He also
stated the neighbor was able to contain one of the dogs but the other ran back to its home.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation{~~ and was ordered to pay the civil fine in the amount
of$100.00, together with an administrative fee of$7.00, on or before June 4, 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
June 4, 2008.
12. Case # SO 11619 - BCC vs. Nelson Martinez
The Hearing was requested by the Respondent who was present.
Douglas Valdes was present as an interpreter for the Respondent.
Collier County Department of Animal Services Officer Zeitler was also present.
Violation(s): Ord. 14.36, Sec. A(4)
Failure to license a dog
Violation address: 37'h Ave., NE
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lAQI)20081 C
The Respondent admitted the dogs were not licensed but he has corrected the problem.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and was ordered to pay the civil fine in the amount
of$100.00, together with an administrative fee of $7. 00, on or before June 4, 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
June 4, 2008.
13. Case # SO 11620 - BCC vs. Nelson Martinez
The Hearing was requested by the Respondent who was present.
Douglas Valdes was present as an interpreter for the Respondent.
Collier County Department of Animal Services Officer Zeitler was also present.
Violation(s): Ord. 14.36, Sec. A
Failure to affix a license
Violation address: 37th Ave., NE
The Respondent asked why he was not given a warning first.
The DAS Officer stated this was not the first time the Respondent had been cited for
allowing his dogs to run. He also stated the animals could have been impounded.
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$100.00, together with an administrative fee of$7.00, on or before June 4, 2008
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
Operational Costs were waived.
23. Case # 20070000512 - BCC vs. Thomas A. Johns Sr.
The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul
who was present.
The Respondent was also present.
William Stull was present as a witness for the Respondent.
Violation(s): Ord.04-4]
Inoperable/unlicensed vehicles
Violation address: 6911 Johns Rd., Naples, FL 341 14
The Investigator stated he made several visits to the property. In September, 2007, he
spoke with the Respondent and gave him additional time to comply. The Notice of
Hearing was hand-delivered to the Respondent on March 20, 2008.
The unlicensed/inoperable vehicles consist of one crane, 24 cars, two logging skidders, three
tractors, and five trailers.
13
The Investigator presented several photographs which were marked as county'~~:ls~~: 1 C
Exhibit "A" and entered into evidence.
The witness for the Respondent stated he is working with the Respondent to remove the
vehicles and requested an additional ninety days.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to obtain valid license plates for all
vehicles and make the vehicles operable, or to remove the vehicles from the premises or
to store the vehicles in a completely enclosed structure on or before July 4, 2008, or
afine of $50. 00 per day will be imposedfor each day the violation remains thereafter,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondent is unable to comply within the time period, Collier County may abate
the violation by contractor bid-out and assess the costs to the Respondent.
lfnecessary, assistance may be requestedfrom the Collier County Sheriff's Department
to enforce the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $248.39 on or before
July 4, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
24. Case # 20070000509 - BCC vs. Thomas A. Johns Sr.
The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul
who was present.
The Respondent was also present.
William Stull was present as a witness for the Respondent.
Violation(s): Ord. 2005-44, Sec(s). 6, 7 & 8
Litter
Violation address: 691 I Johns Rd., Naples, FL 34 I 14
The Investigator introduced several photographs which were marked as County's Composite
Exhibit "A" and entered into evidence.
The witness for the Respondent stated he is working with the Respondent to remove the
vehicles and requested an additional ninety days.
Finding the Notice of Hearing had been properly served, the Respondent was found
GUILTY of the alleged violation(s) and ordered to remove all litter from the premises
on or before July 4, 2008, or afine of $1 00. 00 per day will be imposedfor each day the
violation remains thereafter, unless altered by a subsequent Stipulation or Order of the
Special Magistrate.
lfthe Respondent is unable to comply within the time period, Collier County may abate
the violation by contractor bid-out and assess the costs to the Respondent.
If necessary, assistance may be requested from the Collier County Sheriff's Department
to enforce the Order.
The Respondent was ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $259.27 on or before
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July 4, 2008.
The Respondent is to notifY the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
VI. PUBLIC HEARINGS
A. Motion for Imposition of Fines:
1. Case # 2004080929 - BCC vs. Nathan Benderson Tr. et al. Steve Dermanl!ian
The County was represented by Code Enforcement Investigative Supervisor Jeff
Letourneau.
The Respondent was represented by Steve Dermangian, as Property Manager for
Benderson Development, LLC.
Violation(s): Ord. 04-41, Sees. 5.06.00, 5.06.01, 5.06.06(C) & IO.02.06(B)
Wall sign with a cancelled permit
Violation address: 4965 Golden Gate Pkwy., Naples, FL 34116
The County requested imposition of Operational Costs in the amount of$166.38 together
with fines in the amount of $2,900.00 for the period from May 3, 2005 through June 30,
2005 (58days @ $50.00) for a total fine of $3,066.38.
The Respondent stated the property has been rented and the tenant stated he had applied for
a permit. The Respondent thought the tenant had corrected the violations and paid the
fines. The tenant is no longer renting from the company.
The Special Magistrate stated there were mitigating circumstances and reduced the amount
of the fines to $500.00. She instructed the Respondent to also pay the Operational Costs.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines, but
reduced the amount to $666.38.
2. Case # 2005081087 - BCC vs. Robert A. Mitchell
The County was represented by Code Enforcement Investigative Supervisor Jeff Letoumeau.
The Respondent was also present.
Violation(s): Ord. 04-41 as amended, Sec. 2.01.00
Boat parked on side of house
Violation address: 3465 Dorado Way, Naples, FL 34105
The County requested imposition of Operational Costs in the amount of$157.14 together
with fines in the amount of $1,700.00 for the period from December 4, 2005 through
December 21, 2005 (l7days@ $100.00) for a total fine of$I,857.14.
The Respondent stated he did appear for the originally scheduled Hearing but it had been
cancelled due to a hurricane and he was not notified of the cancellation. He did not receive
the original Order, or Notice of another Hearing until the property was posted.
15
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April 4, 2008
The Special Magistrate stated there were mitigating circumstances and reduced the amount
of the fines to $700.00. She instructed the Respondent to also pay the Operational Costs.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines, but
reduced the amount to $857.14.
V. PUBLIC HEARINGS
B. Hearings:
15. Case # PU 3805 - BCC vs. Phvllis J. Plaster Tr
The Hearing was requested by the Respondent who had been present earlier, but left before
the Hearing could be heard.
Collier County Public Utilities Investigator Al Sanchez was present.
Violation(s): Ord. 02-17, Sec. 5.5.4
Phase III Water Restriction
Violation address: 13485 Collier Blvd., Naples, FL 34] 19
The Investigator stated the Respondent entered into a Stipulation and agreed to pay the
Fine and Operational Costs.
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, together with an administrative fee of $5. 00, on or before May 4, 2008,
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
The Respondent was ordered to pay the Operational Co.vts incurred by Code
Enforcement during the prosecution of this case in the amount of $50.00 on or before
May 4, 2008.
17. Case # PU 3781 - BCC vs. Paul J. Stewart
The Hearing was requested by the Respondent who had been present earlier, but left before
the Hearing could be heard.
Collier County Public Utilities Investigator Al Sanchez was present.
Violatioo(s): Ord. 02-17, Sec. 5.5.4
Phase III Water Restriction
Violation address: 4657 Robin Ave. Naples, FL 34104
The Investigator stated the Respondent produced a receipt for why the irrigation was
necessary, and he requested dismissal of this case.
The Special Magistrate GRANTED the Investigator's Requestfor Dismissal.
18. Case # PU 3912 - BCC vs. Gary A. & Janet A. Chace
The Hearing was requested by the Respondents who were not present.
16
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April 4, 2008
Collier County Public Utilities Investigator George Cascio was present.
Violation(s): Ord. 02-17, Sec. 5.4
Phase III Water Restriction
Violation address: 6766 Buckingham Ct.
The Special Magistrate noted a Motion for a Continuance had been submitted and had
denied the Motion. She further stated the letter requesting the Continuance admitted the
violation.
The Investigator stated irrigation took place on the wrong day. He presented photographs
which were marked as County's Exhibits "A" (02/20/08) and "B" (3/21/08), and admitted
into evidence.
The letter stated:
"The Citation is an $80.00 fine for a first-time offense of an accidental day
confusion for watering of lawn. There was not any abuse or intentional misuse
of water. In addition there appears to be a discrepancy between the date of
violation and the date of abatement. If indeed an officer witnessed or had
reasonable cause to believe I was in violation, why wasn't the Citation written
at the time of the violation? The error in the day of watering was changed
within 12 hours and if given the opportunity to do so with a warning, an
$80.00 fine would not be necessary for an innocent mistake. "
The Special Magistrate noted there was a second letter which claimed the violation was
corrected within 24 hours.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s) and was ordered to pay the civil fine in the amount
of$75.00, together with an administrative fee of $5.00, on or before May 4, 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
May 4, 2008.
29. Case # 2007100446 - BCC vs. Capital Edl!e. LLC Tr., Desil!ns Land TR UTD
5/12/06, Robert Locker, Rel!istered Al!ent
The Hearing was requested by Collier County Code Enforcement Investigator Ed Morad
who was present.
The Respondents were not present.
VioIation(s): Ord. 2004-41 as amended, Sec(s). 5.03.02(A)(2) & 5.03.01(A)(3)
Property fence not sound construction & not maintained
Violation address: 1797 53cd Ln. SW, Naples, FL 34116
The Investigator stated he spoke with the Rental Agent for the property who said he would
have the violation corrected. He submitted three photographs which were marked as County
Composite Exhibit "A" and Exhibit "B" and admitted into evidence.
17
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The Investigator stated the property had been posted and the violation had not been abated.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to properly secure the fence and
maintain it, or to remove the fence from the property on or before May 4, 2008, or a fine
of $1 00.00 per day will be imposed for each day the violation remains thereafter, unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
If the Respondents are unable to comply within the time period, Collier County may
abate the violation by contractor bid-out and assess the costs to the Respondents.
lfnecessary, assistance may be requested from the Collier County Sheriff's Department
to enforce the Order.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of$350.44 on or before
May 4, 2008.
The Respondents are to notify the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
30. Case # CEPM 20080001391 - BCC vs. Edilbrav Perez & Belkis Martinez
The Hearing was requested by Collier County Code Property Maintenance Specialist Joe
Mucha who was present.
The Respondents were not present.
Violation(s): Ord. Sec. 22-231 (12)(1)
Vacant tri-plex with broken windows
Violation address: 5563 17th Ave. SW, Naples, FL 34116
The Investigator stated the property is in foreclosure. He submitted a packet of photographs
which were marked as County's Composite Exhibit "A" and admitted into evidence.
Finding the Notice of Hearing had been properly served, the Respondents were found
GUILTY of the alleged violation(s) and were ordered to repair all broken windows, the
sliding glass door, and completely secure all windows and sliding glass door by boarding
on or before April 11, 2008, or afine of $250. 00 per day will be imposedfor each day the
violation remains thereafter, unless altered by a subsequent Stipulation or Order of the
Special Magistrate.
lfthe Respondents are unable to comply within the time period, Collier County may
abate the violation by contractor bid-out and assess the costs to the Respondents.
lfnecessary, assistance may be requestedfrom the Collier County Sheriff's Department
to enforce the Order.
The Respondents were ordered to pay the Operational Costs incurred by Code
Enforcement during the prosecution of this case in the amount of $270.49 on or before
May 4, 2008.
The Respondents are to notifY the Investigator within 24 hours of a workday to concur
the violation(s) had been abated.
VI. NEW BUSINESS
18
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A. Motion for Imposition of Fines:
3. Case # 2005110328 - BCC vs. Tereso Bautista & Emiliana Lopes Vasquez
The County was represented by Collier County Code Enforcement Investigative Supervisor
Jeff Letourneau.
The Respondents were not present.
Violation(s): Ord. 04-58, Sec. 7
No rental registration
Violation address: 3545 23cd Ave. SW, Naples, FL 34117
The County requested imposition of Operational Costs in the amount of$155.33, a civil
penalty in the amount of$250.00, together with fines in the amount of $2,000.00 for the
period from January 12,2006 through February 1,2006 (20days @ $100.00) for a total fine
of$2,405.33.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
4. Case # 2006080317 - BCC vs. William Scrivens Sr. Est.. Cleveland Burl!ess &
James Scrivens
The County was represented by Collier County Code Enforcement Investigative Supervisor
Jeff Letourneau and Investigative Field Supervisor Carol Sykora.
The Respondents were not present.
Violation(s): Ord. 04-4], Sec. 1O.02.06(B)(l)(A), (B)(l)(D), (B)(l)(D)(l)
No permit for second mobile home
Violation address: 424] 5th St. SE, Naples, FL 34142.
Supervisor Letourneau stated the violation has been abated. The County requested
imposition only of Operational Costs in the amount of$200.38
The Special Magistrate GRANTED the County's Request for Imposition of Fines.
5. Case # 2007080668 - BCC vs. Roilan Perez
The County was represented by Collier County Code Enforcement Investigative Supervisor
Jeff Letourneau and Investigator Rob Ganguli.
The Respondent was not present.
Violation(s): 2004 FBC, R41 01.17.1 as adopted by Collier Co.
Residential swimming pool without safety barrier
Violation address: 1974 46th St. SW, Naples, FL 34116
Supervisor Letourneau stated the violations have not been abated and fines continue to
accrue.
19
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16 ~pril <I?~
The County requested imposition of Operational Costs in the amount of $264.02, and
reimbursement for the cost of erecting temporary fencing in the sum of$145.81, together
with fines in the amount of$17,800.00 for the period from October 8, 2007 through
April 3, 2008 (178 days @ $100.00) for a total fine of$18,209.83.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
6. Case # 2007030290 - BCC vs. DLJ Mortl!al!e Caoital. Inc.
The County was represented by Collier County Code Enforcement Investigative Supervisor
Jeff Letourneau and Investigator John Santafemia.
The Respondent was not present
Violation(s): Ord. 2004-58, Sec. 6, Subsec. 1,5, 11 and Sec. 7, Subsec. 2
No rental registration and renting room with no kitchen or bath
Violation address: 652 Pompano Drive, Naples, Fl34110
Supervisor Letourneau stated the violations have not been abated and fines continue to
accrue.
The County requested imposition of Operational Costs in the amount of$280.15, together
with fines in the amount of $7,125.00 for the period from June 23, 2007 through
April 3, 2008 (285 days @ $25.00) for a total fine of $7,405.15.
The Special Magistrate GRANTED the County's Motion for the Imposition of Fines.
VII. OLD BUSINESS - None
VIII. CONSENT AGENDA
The Executive Summary for Imposition of Liens for Nuisance Abatement was amended
due to the omission of one of the cases from the Executive Summary presented at the
previous Hearing.
The Special Magistrate approved the Imposition of Lien for Nuisance Abatement in
Case # 2007090652 - BCC vs. Than Naing.
IX. REPORTS
The Special Magistrate stated she granted Motions for Rehearing in two cases:
(1) Case # 2005070730 - BCC vs. Bolding & Co, Inc., d/b/a "The Village Inn," Goodland
(2) Case # PU 3276 - BCC vs. Greg E. Taras
X. NEXT MEETING DATE -April 18, 2008
20
16 1 APril12&
There being no further business for the good of the County, the Hearing was adjourned by
Order of the Special Magistrate at 2:05 PM.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
dJL~,"
These Minutes were approved by the Special Magistrate on ~ \ \~ 00e&"
as presented , or as amended V . . \
21
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"lal8 '----W:7~
I 1J "'-
~:~;mg~~ February 8, 2008
Coyle _1.:: -- 16 I CEIVED
co'ett8-----cOLLIER COUNTY GOVERNMENT 1 ~
MAR 28,2008
CITY OF NAPLES GOVERNMENT 8oa,dofCountyCommissioners
EAST NAPLES FIRE CONTROL & RESCUE DISTRICT
Naples, Florida
February 8, 2008
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. COTTes
Date.___,___ ___.._
['em illlR lJL.2..,__
Page 1
~
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~lary\,~008
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 JeffKlatzkow, 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.
Page 2
f61ary ~ ~08
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
Page 3
F~Qa& 8, lofB
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 dontt 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 of that,
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.
Page 4
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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
Page 5
FIP~tr 8, 1>0
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: If it 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 11th 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,
Page 6
Fet~aJ 8, J,o~
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 itts 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
14tary 1&08
back to your boards and say, okay, we've taken them out ofthe
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
Page 8
Febla9 J, 20~ C
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
Page 9
l}~,ry 8~f~8
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, if Mr. 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
Page 10
16ebruad C 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. Itts 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
Page 11
Fel~J 8, J~
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
16Flbrua~C, 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. KLA TZKOW: 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
1 &~ruarl8CW08
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
~~lary l, ~08
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
~RJary 1, 1608
They will acquiesce before we get that filed because they corne
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
feb11ry 8~~8
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. KLA TZKOW: 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
youtre 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
Fetr3J 8, 4o~
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
Febru~~,~oo81 C
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 dam,
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, INe. BY ELIZABETH
M. BROOKS, RPR
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COMMUNITY REDEVELOPMENT AGENCY
TELEPHONE (239) 213-1029_ FACSIMILE (239) 213-1033
735 EIGHTH STREET SOUTH _ NAPLES, FLORIDA 341 02-6796
Each comm. Rec'd Copy
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Collier County Manager
County Manager's Office
3301 E. Tamiami Trail
Naples, FL 34112
Jim,
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City of Naples
Community Redevelopment Agency
2007 Annual Report
As of September 30, 2007
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161 Ie
2007
Naples Community Redevelopment Agency
Board Members
William R. MacIlvaine, Chairman
Bill Barnett
Johnny Nocera
Williarn Willkomm III
John F. Sorey III
Penny Taylor
Gary B. Price II
Executive Director
Russ Adams
City Manager
Dr. Robert E. Lee
City Attorney
Robert D. Pritt
City Clerk
Tara Norman
Community Redevelopment Agency Advisory Board
Willie Anthony
Jacques Groenteman
Fred Hirschovits
Paul Lindabury
Alexander Pezeshkan
Alan Ryker- Vice Chairman
Lou Vlasho - Chairman
Department Officials
Chief of Police
Community Development Director
Community Service Director
Construction Management Director
Finance Director
Human Resource Director
Public Works Director
Victor Morales
Robin Singer
David M. Lykins
Ronald A. Wallace
Ann Marie S. Ricardi
Denise Perez
Dan E. Mercer
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Naples Community Redevelopment Agency
Requirement for an Annual Report
The Naples' Community Redevelopment Agency (CRA) is required by its by-laws to submit an annual report to
the City of Naples. The report is also required to include a complete financial statement with assets, liabilities,
income and operating expenses. The following report is presented for the year ending September 30, 2007
eRA Purpose
Florida State Statute 163 allows a community redevelopment agency to be created for one or more ofthe
following purposes:
. the elimination and prevention of blight, or
. the reduction or prevention of crime, or
. the provision of affordable housing
. the rehabilitation an revitalization of coastal resort and tourist areas that are deteriorating and
economically distressed
The Naples Community Redevelopment Agency includes all of these in its overall purpose.
Background
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The genesis of the City of Naples' Community Redevelopment Agency (CRA) was in February 1992 when the
City Council created the Redevelopment Task Force (RTF). The Redevelopment Task Force concluded that the
incentives provided to property owners and developers would protect and enhance the quality oflife for the
citizens of Naples.
Of most concern to the RTF was the Redevelopment Area: bounded on the north by 7'h Avenue North, on the
east by the Gordon River, an on the south by 6th A venue South, and on the west by 3'd Street South. The
boundaries of the CRA remain as they were initially established as shown in the CRA Boundary Map below.
CRA DISTRICT BOUNDARY MAP
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The CRA was eventually established by City Council on January 5, 1994. The CRA members quickly
collaborated to create the Community Redevelopment Plan which was developed by the noted "New Urbanist"
161
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Andres Duany. The plan was approved by City Counci11ess than 5 months later on May 18,1994. Efforts were
well underway to preserve the distinctive beauty and charm that were already the hallmarks of the City of
Naples.
Major projects of the Community Redevelopment Area were first accomplished in the 5th Avenue South
District. A free parking garage, street front parks, and major streetscaping, including walkways, p1antings and
general beautification encouraged development and subsequently developed 5th A venue South into an upscale,
shopping and dining destination.
By 1999, the City Council had established the D-Downtown Zoning District as shown on the map below with
its 5 setback zones. D-Downtown is a more concentrated district within the Redevelopment Area. This zoning
district continues to be the area of significant focus for the CRA and other City of Naples Residents.
D-DOWNTOWN
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DIAGRAM 1
DOWNTOWN DISTRICT SETBACK ZONES
SET'BACK ZONE A .""n. SETBACKZotED
SETBACK ZOI'iE B
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SETBACKZDNEC
As a result of the numerous active and planned projects for the CRA District, a Community Redevelopment
Agency Advisory Board (CRAAB), comprised primarily of the district's business and property owners, was
161
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established in June of 2003 by City Council and a CRA Manager was hired to bring focus to the Downtown
CRA Area.
In June of 2007 the CRA Manager position was changed to a CRA Executive Director reporting directly to the
CRA.
The cohesive effort of the City Council, the CRA, CRAAB, City Staff and community residents will ensure the
continuing proclamation by many residents and visitors that our city is one of the most beautiful in the United
States.
2007 CRA Projects
10th Street Streetscapinl!
The second half ofthelOth Streetscape Improvements Project will continue in FY 2008 until the entire one mile
length of 10th Street South and North are completed. The scope of the project includes new landscaping, street
paving, curbs, parking spaces, sidewalks, street lights, benches and trash receptacles. The total cost of the
project is $1.2 million.
TENTH STREET NORTH
DESIGN DEVELOPMENT STREETSCAPE PLAN: PHASE ONE
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New Benches and Trash Receptacles on 5th Avenue South and 10th Street
161
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64 benches and 64 trash receptacles were purchased for 5th Avenue South and 10th Street.
Benches
Trash Receptacles
,
River Park "Needs Assessment"
A "Needs Assessment" for the River Park was published May 31, 2006 by the Urban League of Miami and the
Cobalt Group, Inc. of Cleveland, Ohio. Findings were in the following categories:
. Housing
. Parks/Recreation and Green Space
. Youth Development
. Workforce Investment
. Physica1lmprovements
. Commercial /Retail Development
. Support Services and Neighborhood Well-being
. People and Relationship Needs
These findings will be incorporated into the CRA Plan Update to be completed in May of 2008 and ultimately
into a River Park Community Master Plan Update.
CRA Plan Uodate
The Her Planning Group of West Palm Beach was selected to update the 663 acres CRA Plan. This is the first
update since 1994. Thirteen adopted plans will be reviewed and integrated into the update:
. Comprehensive Plan/Evaluation and Update
. Citywide Pathways
. City Visioning Program
. River Park Needs Assessment
. Preferred Four Corners Needs Assessment
. 41-1O Master Plan
. Park Street Redevelopment Plan
. Four Corners Origin/Destination Traffic Study
. City Capital Improvement Plan
. 5'" Avenue South Master Plan
. 5t" Avenue South Parking Capacity Report
. 5t" Avenue South/ U.S.41 Urban Design Charrette
. CRA Plan
The update will lay out the framework for more detailed plans to be created and updated like the River Park
Neighborhood Master Plan, Four Corners and 41-10 (the north-south corridor between US Highway 41 an 10th
Street South). The update is scheduled to be completed in May 2008.
Four Corners
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The Four Corners Design Competition in 2006 generated enormous interest and excitement. Two designs were
selected of the seventy-one entries. A display of the of the entries was hosted by the von Liebig Art center and
the public voted on a very dramatic design as the People's Choice while the jury of urban design and planning
professionals made a separate selection.
In recognition, in part, for his leadership of this competition, Chet Hunt, CRA Manager, was awarded the
Achievement in Excellence A ward by the Southwest Florida Chapter of the American Institute of Architects
(AlA).
PEOPLE'S CHOICE
Diagonal Pedestrian Bridge
Multifunctional Structure
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NE Aerial View with Pedestrian Bridge on U.S. 41
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161
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FOUR CORNERS.NAPLES, flORIDA
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An ad hoc Four Comers Committee ofloca1 architects an engineers have volunteered to develop more detailed
designs built on the "Jury's Choice" that will be included in the CRA Plan Update due to be completed in May
of 2008.
The central challenge addressed by both designs is how to create a comfortable, protected flow of pedestrians
across Route U.S. 41_9"' Street South along the north side of 5thAve South. This area is now occupied by vacant
lots and vacant buildings. Allowing this easterly flow of pedestrian traffic will greatly enhance the prospects
for new commercial development.
To this end, a shorter term solution is being evaluated by the City Staff as well as Collier County and the
Florida Department of Transportation, which would provide an at-grade pedestrian crossing protected by stop
lights, as shown below. For a relatively minor investment this project could potentially "jump start"
development at "Four Comers."
Proposed Short Term Pedestrian Crosswalk with New Traffic Lil!hts
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161
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Parking continues to be a critical matter for building out 5th A venue South. Nineteen new on-street parking
spaces were created on the north side of the existing City garage along 4th Avenue South and along East Lake
and West Lake.
Pathwavs
In support of the Pathways Plan, 12 bike racks have been installed along 10th Street and Sil. Ave. South. In the
spring of 2008 12 more bike racks will be installed.
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In the original Duany eRA Plan, three sites were identified for constructing parking garages:
. Northeast comer of 4th A venue South and 8th Street South
. Southwest comer of 6th A venue South and 8'" Street South
. Mid-block on 4th Avenue South between 4th and Sth Street South
F,fr;h Avenue South
Regulating Fiall
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161
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Note: The three areas shown in green were additional potential sites suggested in the Srh Avenue South Parking Capacity
Report prepared in January 2005:
. Northwest Corner of lh Avenue South and lh Street South
. 6th Avenue South betvVeen 3rd Street South and West Lake Drive
. The Naples Woman's Club on Park Street
In 1998, a free parking garage was built on the first of these three sites at 4th Avenue South and 8th Street South.
A design contract for a second garage at 6th Avenue South and 8th Street South was awarded to the same
architectural firm that designed the existing garage. The new garage will have many of the same architectural
features as the original design, but the designers will also evaluate many "green" features for potential inclusion
in the project such as solar panels and a stormwater cistern system.
The garage is scheduled to be ready for parking in December 2008.
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161
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Private Sector Projects within the CRA District
Below are examples of new structures in the eRA District which will add taxable value and increase revenue to
the CRA in the near future.
Townhomes DeveloDment at 5th Street and 4th Avenue South
Commercial Buildinl! at US 41 between 1" and 2nd Avenue South
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Sinl!le FamiIv Home at 6th Street and 4th Aveuue
Future CRA Projects
. River Park Master Plan and Implementation
. Spring Lake Overlook Structure
. Continuing Search to Create More On-Street Parking
. 12'h Street Improvements
. Pedestrian/Bike Underpass Improvements US 41 at Gordon River
. Central Avenue Improvements
. D-Downtown Parking Structure and Land
. Pathway Improvements for Pedestrian and Bike Traffic
. 5th Avenue South Lighting Design and Implementation
. Park Street Project
. 3'd Avenue South Improvements
. Good1ette-Frank Streetscaping
. 5th Avenue South Shared Parking Facility
Financial Statements
The financial position of the CRA remained strong through 2007 with an expected fund balance at fiscal year-
end of$4,453,506. Financial Statements are attached.
The future fund balance and the CRNTlF bonding capacity available for projects may be significantly reduced
by a combination of reduced tax revenue through new property tax legislation and because of the Florida
Supreme Court's Strand Decision. This decision requires any bonds that will be repaid with TlF funds to be
approved through a referendum. This could make TIF bonding much more difficult to obtain; however, later in
2008, there is a possibility that the ruling may be clarified to exclude TlF bonds associated with CRAs.
161 Ie
CITY OF NAPLES, FLORIDA
Balance Sheet
Community Redevelopment Fund
September 30, 2007
(with prior year results for comparison purposes)
2006
2,007
Assets:
Cash and investments
Receivables (net, where applicable,
of allowance for uncollectible):
Accounts
Spec ial assessments
Utility taxes
Accrued interest receivables
Due from other funds
Prepaid items
$
5,951,855 $ 4,332,126
Total assets
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o
o
22,340 0
43,983
o
5,974,195 4,376,109
Liabilities:
Accounts payable
Accrued payroll
Due to other funds
Advances payable to other funds
Total liabilities
143,997
22,416
52,971
14,286
o
1,625,177
1,692,434
1,354,276
1,520,689
Fund balances:
Reserved:
Encumbrances
Debt service
Construction
Unreserved, undesignated:
Reported in capital projects funds
Total fund balances
Total liabilities and fund balances
1,805,] 17 2,500
0
5,856,388
2,648,389 (3,175,213)
4,453,506 2,683,675
$ 5,974,195 $ 4,376,109
161 Ie
Community Redevelopm~nt Fund
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Year Ended September 30, 2007
(with prior year shown for comparison purposes)
2006
Revel'lIes:
Taxes
Licenses and permits
ntergovernmental
Charges for services
Interest
Miscellaneous
$
Total revenues
596,000 $
o
1,999,477
o
219,764
o
2,815,241
Expenditures:
Current:
Physical and economic environment
Capital outlay:
Physical and economic environment
Debt service:
Principal
Interest and fiscal charges
Total expenditures
Excess (deficiency) of revenues over
expenditures
1,282,727
o
59,998
1,342,725
1,472,516
Other financing sources (uses):
yansfers in
Transfers out
Proceeds from sale of capital assets
Total other financing sources (
Change in fund balances
Fund balances - beginning of year
Fund balances - end of year $
5,800
t404,927)
o
(399,127)
1,073,389
1,610,286
2,683,675 $
2007
827,187
441,000
2,377,912
130,638
316,029
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4,092,766
1,161,827
676,813
o
88,772
1,927,412
2,165,354
11,600
(407,123)
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(395,523)
1,769,831
2,683,675
4,453,506
161 I'"'
CITY OF NAPLES, FLORIDA
Community Redevelopment Fund
Budget and Actual
Year ended September 30, 2006
Variance win
final budget
Final positive
budget Actual (negative)
Revenues:
Taxes:
Ad valorem $ 596,000 $ 596,000 $
Intergovernmental 1,990,000 1,999,477 9,477
Bond proceeds 5,000,000 (5,000,000
Interest Earned 46,800 2]9,764 172,964
Transfer from General Fund 5,800 5,800 0
Beginning Cash Balance 899,849 (899,849
Total Revenues 8,538,449 2,821,041 (5,717,408:
Expend itures:
Personal Services 363,121 353,099 10,022
Operating Expenditures
City Adminstration ]24,800 124,800 0
Construction Mgt Fee 199,100 199,100 0
Professional Services 517,546 169,186 348,360
Utility Services 2,400 18,480 (16,080
Rentals & Leases 26,667 26,667 0
Repair & Maintenance 40,399 64,727 (24,328:
Other Current Expenditures 94,762 52,209 42,553
Capital 6,369,660 274,461 6,095,199
Debt Service 404,927 59,998 344,929
Interfund Transfers 395,067 404,927 (9,860:
Total Expenditures 8,538,449 1,747,653 6,790,796
Net Gain/(Ioss) $ $ 1,073,388 '" ],073,388
161 Ie
CITY OF NAPLES, FLORIDA
Community Redevelopment Fund
Schedule of Revenues, Expenditures and Changes in Fund Balance
Budget and Actual
Year ended September 30, 2007
Final
budget
Revenues:
Taxes:
Ad valorem
Intergovernmental
Interest Earned
Interfund Transfers
Beginning Cash Balance
Total revenues
$
836,760
2,412,830
132,000
5,011,600
1,422,672
9,815,862
Expenditures:
Personal Services
Operating Expenditures
City Adminstration
Construction Mgt Fee
Professional Services
Uti I ity Services
Rentals & Leases
Repair & Maintenance
Other Current Expenditures
Capital
Debt Service
Interfund Transfers
Total Expenditures
557,481
197,000
231,700
710,140
17,112
50,000
80,000
96,619
7,109,014
407,]23
359,673
9,815,862
Net Gain/(loss)
$
Actual
$ 827,187
2,377,912
311,057
11,600
3,527,756
478,157
197,000
231,700
116,084
22,990
]4,839
22,264
78,795
676,813
88,772
407,123
2,334,535
o $ 1,193,221 $
Variance with
final budget
positive
(negative)
$
(9,573;
(34,918)
179,057
(5,000,000;
(1,422,672;
(6,288,106)
79,325
o
o
594,056
(5,878;
35,161
57,736
17,824
6,432,201
318,351
(47,450)
7,481,327
1,193,221
161 Ie
April 18, 2008
Southwest Florida Regional Planning Council
1926 Victoria Avenue, Fort Myers, Florida 33901-3414
(2YJ)nX2'i~() '\X (23'J);;X2'ih() SUNCOM (239)74X-2550
Fialat;~pf RECEIVED
Ha,as_tlILr
g~rICp,~ _,,~,:.1~~
Mr. Dwight Brock
County Clerk
Collier County
3301 Tamiami Trail East
Building L, 5th Floor
Naples, FL 34112
~l
RE: Annual Budget for FY 2008/2009
Dear Mr. Brock:
Enclosed is a copy of our adopted Annual Budget for FY 2008/2009.
rfyou have any questions, please do not hesitate to contact Janice Yell, Finance Administrative
Manager at (239) 338-2550, Ext. 237.
Sincerely,
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL
,.(\ . i l (. (I _ /.., r> ,d t t. (
Deborah Kooi
Administrative Service Manager
/dk
Enclosure
Misc. CoIres:
Date:
Item #._!.LzlLtL
~opi~$ tf'
a
161 Ie
Agenda Item #5C
ANNUAL BUDGET FY 2008/2009
In accordance with the Council's rules, the annual budget recommendations for the
fiscal year beginning October 1, 2008 and ending September 30, 2009, are hereby
presented for Council consideration.
The Budget is being presented as part of a 5 year plan as per the recommendation
of the Auditors. The Budget reflects the distribution between the three main entities -
The RPC, MPO, and NEP. Also included are the Calculation of the Indirect/Fringe Rates
and the Capital Assets policies for your information.
RPC revenues and expenditures are consistent and reflect a realistic appraisal of ongoing
and forecasted activities. Expenditure programs include various local plan review activities,
monitoring and reviewing ORis, continued reimbursable support for MPO and the CHNEP,
the transportation disadvantaged programs, and updating the Regional Plan.
As submitted by the Program Managers, the CHNEP budget reflects a 8% increase
over last year and the MPO budget reflects a 18% decrease from the prior year.
Please take note that review and adoption of the Annual Budget must be completed
by August 15th of each year according to the Interlocal Agreement of the SWFRPC.
ANNUAL BUDGET CONTENTS
Sources of Revenue
Proposed Budget for the upcoming fiscal year only
Comparsion of fiscal years - for RPC, MPO, NEP, and Combined:
3 prior years actual, YTD and adopted current budget, proposed budget
As requested, a line has been added to reflect/anticipate net income or loss.
Comparsion of fiscal years - in a five year format:
Adopted current budget, proposed budget as part of a five year plan
Facts to be noted for this Annual Budget includes:
Pertinent notes, Reserved FB status, and a comparsion of fringe
and indirect rates for the purposed, current, and past 4 years.
Graphs:
Pie Chart to reflect distribution/percentage of the 3 main entities
Pie Chart to reflect distribution of revenue
Bar Chart reflecting expenses in the comparsion of Actual/YTD/Budgeted
Pie charts - Comparsion of this fiscal year to next year for the 3 entities
Calculation of the Indirect/Fringe Rates Policy
Capital Assets Policy
Capital Asset Disposal - Computer Disposal Policy
101 Ie
Pages
1
2
3 to 6
7 to 10
11
12
13
14
15
16
161
Ie
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL
REVENUE SOURCES
October 1, 2008 throuah Sentember 30, 2009
GENERAL REVENUES
INTEREST
ASSESSMENTS
Prior Year Fund Balance
565,843
TOTAL REVENUES
SPECIAL REVENUES
30,000 FED/STATE/OTHER
464,696 DRls/NOPCs
494,696
3,639,550
'*':;/;::', ,~M.!,~B.!;R
Charlotte
Collier
Glades
Hendry__
Lee
--------~
Sarasota
, 1:QtAfIl$,S"SSMEN'fS,
INTEREST AND MISC,
.,',~-{-, \ ,;.-;.:"---<
Toi~LC;:ENEMl,REVENlJE, ,
/J' <,:~:;P,_~F?.uLAil'QN-);',;,
"...r,...J".......",,"".A-( W.; "
163,504
333,l64
_ _10.3_13
,38,713
61_5,~54__
387,439
, 1,548,S
_ _2e;(j,000 _
010,90.9.__ _
31,000
533)QO ------
63,815 _m___
156,667 177,418
605,391 197,418
'i~::~~j'2~~t':
599,775 I 599,775
"
DCA - GENERAL AND OTHER
-.- --~"'.~-"- -------...... ----
DCA - TITLE III
HMEP/SQGIDISASTER PROGS, :
___ .. ...__ _____ __...__----1-_ __
ECON-OMIC DEVELOPMENT_ _1__
TDs
OTHER (W~tland~H-"rric~e)
FEDERAUSTATE/OTHER
----....- -------
DRls/NOPCs
;'~;;PCSPECI!-L R~I'\U~it;)" ,;~;
MPO
CHNEP
,.. ", - -' - - ~ : ":.
',' .,-,_::;' ;-c' - ..', .. /:'~'_',-:'
. TCrrAL. SPECIAL REVEN\,J€il, '
200 ood
2,944,854
200.000
3,144,854
ASSESSMENT
49,051.20
100,129,20
3,09390._
11,613,90
___.J.~4,57620
116,231.70
'~l!MO.
30,000,00
494,,89 .10
,OTHER
_ 20cOOO
870, i 93
TOTAL
__ ,2,60,000
40,9.09
.5_1,000
_53,000
63,815
334,085
802,809
i 200,000
l-- ;(j02,~~_
.1_ ___ 942,495
1,199,550
3,144,854
* Assessments based upon official Bureau of Business and Economic Research population estimates.
Assessments are estimated at 30 cents/capita as provided for in the Council's Interlocal Agreement,
adopted November 8, 1973,
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL
PROPOSED BUDGET
OCTOBER 1, 2008 TO SEPTEMBER 30, 2009
161
Ie
RPC Total TOTAL
GENERAL Special RPC MPO NEP BUDGET
Revenues
, , Revenues
Assessments 464,696 464,696 464,696
Federal/State/Local Grants 802,809 802,809 942,495 1,199,550 2,944,854
Ofi/Monitoring Fees 200,000 200,000 200,000
Interest/Mise 30,000 30,000 30,000
Carry Over Fund Balance* 565,843 565,843 565,843
Total Income 1 060,539 1 002,809 2 063 348 942,495 1,199550 4,205 393
,<,'" , t:;":"':"hdifures ;:~ ' ", , c'" " ,
Direct:
Salaries 672,000 410,000 1,082,000 280,000 395,000 1,757,000
FICA 122,000 122,000 122,000
Retirement 170,000 170,000 170,000
Health Insurance 210,000 210,000 210,000
Workers Compensation 10,000 10,000 10,000
Legal Fees 3,000 3,000 3,000
Consultant Fees 10,000 30,000 40,000 0 40,000
NEP Contractual 0 0 255,200 255,200
MPO Contractual 0 0 290,000 290,000
Audit Fees 47,000 47,000 47,000
Travel 23,000 7,000 30,000 8.000 21,500 59,500
Telephone 8,000 2,000 10,000 3,000 1,500 14,500
Postage 12,000 3,000 15,000 5,000 10,000 30,000
Storage Unit Rental 2,000 2,000 1,000 3,000
Equipment Rental 40,000 40,000 40,000
Insurance 35,000 35,000 35,000
Repair/Maint. (Grounds/Bldg/Equip) 30,000 30,000 30,000
Printing/Reproduction 12,000 3,000 15,000 6,500 60,000 81,500
Utilities (Elec, water, garb) 30,000 30,000 30,000
Advertising 2,500 500 3,000 7,500 550 11,050
Other Miscelleanous 1,000 3,000 4,000 500 500 5,000
Office Supplies 16,000 4,000 20,000 5,000 3,000 28,000
Computer Related Expenses 40,000 10,000 50,000 2,000 4,000 56,000
Publications 8,500 8,500 1,500 500 10,500
Professional Development 20,000 10,000 30,000 1,500 B,OOO 39,500
Meetings/Events 10,000 10,000 20,000 2,000 33,800 55,800
Capital Outlay-Operations 5,000 25,000 30,000 3,000 15,000 48,000
Capital Outlay-Building 0 30,000 30,000 30,000
Long Term Debt 0 128,000 128,000 128,000
Allocation of Fringe/lndirect** -1,098,886 381,891 -716,995 328,995 390,000 0
Reserve for Operations Expense* 565,843 565,843 565,843
Total Cash Outlays 1 005,957 1 057,391 2,063 348 942 495 1199550 4 205 393
Anticipated Net Income 0 0
Non.Cash Exoense:
Depreciation 60,000 60,000 60,000
Total Exoenses 1,065,957 1 057,391 2 123,348 942,495 1 199,550 4,265,393
"'See note #2 _ New this year, as per the Auditors, the Fund Balance must be shown as 'carry over fund balance' in the
revenue portion and as 'reserve for operations' in the expense portion of the budget.
"''''See note #4 - The Indirect rate prorates the overhead expenses incurred by the RPC over each active projecUagency.
This is accomplished by a reallocation of the expenses from General to Special Revenue These expenses include, but
are not limited to, facility costs, office supplies, and support staff.
2
SWFRPC-MPO-CHNEP COMBINED
161
Ie
OCT. 1,2008 - Seat. 30, 2009 BUDGET
Year End Current Amended Proposed
................... . ....................... .......................
Actual Actual Actual YTD Budget Budget
Y/E Y/E Y/E ACTUAL Y/E YIE
9/30105 9/30106 9/30/07 at 3131108 9/30/08 9130109
.' .. . .
Revenues
Assessments 400,558 417,257 431,470 225,216 450,432 464,696
Federal/State/Local Grants 2,489,138 2,555,796 2.743,287 1,158,532 2,961,737 2,944,854
Dri/Monitoring Fees 158,747 284,734 356,254 178,827 250,000 200,000
InteresVMisc 35,671 25,086 44,308 19,583 30,000 30,000
Carry Over Fund Balance 552,561 404,046 392,967 565,843 565,843
Total Income 3,636,675 3,686,920 3,968,286 1,582,158 4,258,012 4,205,393
Exoen. Itures . . . .i . .
Direct:
Salaries 1,367,904 1,450,523 1,557,149 724,445 1,732,419 1,757,000
FICA 101,908 108,529 115,139 58,519 125,000 122,000
Retirement 104,468 122,376 160,037 67,767 170,000 170,000
Health Insurance 125,715 147,890 166,521 103,363 230,000 210,000
Workers Compensation 9,532 8,510 7,950 3,540 15,000 10,000
Legal Fees 7,500 358 185 0 10,000 3,000
Consultant Fees 414,415 148,515 58,825 1,909 40,000 40,000
NEP Contractual 324,113 432,164 515,184 225,825 272,300 255,200
MPO Contractual 4,345 132,679 208,969 22,007 228,150 290,000
Audit Fees 37,865 44,707 39,000 48,617 49,000 47,000
Travel 37,265 50,399 51,074 20,140 60,500 59,500
Telephone 7,804 10,417 11,858 4,817 20,000 14,500
Postage 23,245 32,069 21,092 9,897 40,000 30,000
Storage Unit Rental 2,429 2,398 2,242 1,116 3,100 3,000
Equipment Rental 40,293 36,323 34,900 19,086 47,000 40,000
Insurance 25,168 27,752 33,093 27,456 34,000 35,000
Repair/Main!. (Grounds/Bldg/Equip) 33,913 18,657 19,972 11,063 40,000 30,000
P rinting/Reprod uction 51,585 96,315 41,152 29,589 103,000 81,500
Utilities (Elec, water, garb) 17 ,288 24,447 24,424 10,709 32,000 30,000
Advertising 2,707 4,833 6,940 6,401 9,550 11,050
Other Miscelleanous 3,725 2,654 1,044 828 5,250 5,000
Office Supplies 17,564 23,450 23,283 14,481 28,500 28,000
Computer Related Expenses 32,651 52,926 39,575 25,217 55,000 56,000
Publications 8,265 3,877 2,589 1,091 10,600 10,500
Professional Development 33,447 35,443 34,542 32,101 41,000 39,500
Meetings/Events 50,946 18,169 44,739 30,771 68,800 55,800
Capital Outlay-Operations 6,375 41,455 31,470 2,597 44,000 48,000
Capital Outlay-Building 212,443 88,369 21,742 7,450 50,000 30,000
Long Term Debt (Building Loan) 127,751 127,751 127,751 63,876 128,000 128,000
Allocation of Fringellndirect 0 0 0
Reserve for Operations Expense 552,561 404,046 392,967 0 565,843 565,843
Total Cash Outlays 3,785,190 3,698,002 3,795,408 1,574,677 4,258,012 4,205,393
Net Income/(Loss) -148,515 -11,081 172,878 7,481 0 0
Non-Cash EXDenses:
Depreciation 58,778 61,653 61,653 60,000 60,000
Total Expenses 3,291,407 3,355,608 3,857,061 1,574,677 4,318,012 4,265,393
d'
3
- epl.
Year End Current Amended Proposed
................ ........ ..............
RPC Actual RPC Actual RPC Actual RPC YTD RPC Budget RPC Budget
YIE VIE Y/E ACTUAL YtE YIE
9/30105 9/30/06 9/30/07 at 2/29/08 9/30/08 9/30109
SOUTHWEST FLORIDA REGIONAL PLANNING coJcb' 1 G
OCT 1 2008 S t 30 2009 BUDGET
Assessments 400,558 417,257 431,470 225,216 450,432 464,696
Federal/State/Local Grants 796,893 688,901 733,606 314,173 686,672 802,809
Dri/Monitoring Fees 158,747 284,734 356,254 178,827 250,000 200,000
Interest/Mise 35,671 25,086 44,308 19,583 30,000 30,000
Carry Over Fund Balance 552,561 404,046 392,967 565,843 565,843
Total Income 1,944,430 1,820,024 1,958,605 737,800 1,982,947 2,063,348
EXDenditures . . .
Direct:
Salaries 932,003 979,631 1,052,973 500,192 1,052,164 1,082,000
FICA 101,908 108,529 115,139 58,519 125,000 122,000
Retirement 104,468 122,376 160,037 67,767 170,000 170,000
Health Insurance 125,715 147,890 166,521 103,363 230,000 210,000
Workers Compensation 9,532 8,510 7,950 3,540 15,000 10,000
Legal Fees 7,500 185 185 0 10,000 3,000
Consultant Fees 212,417 97,854 58,825 1,909 40,000 40,000
NEP Contractual 775 0 0 0 0
MPO Contractual 0 0 0 0 0
Audit Fees 37,865 44,707 39,000 48,617 49,000 47,000
Travel 18,595 20,601 24,213 12,051 30,000 30,000
Telephone 7,611 8,691 8,884 4,032 15,000 10,000
Postage 4,041 23,173 12,604 1,105 22,000 15,000
Storage Unit Rental 1,839 1,443 1,492 741 2,100 2,000
Equipment Rental 40,293 36,323 34,900 19,086 47,000 40,000
Insurance 25,168 27,752 33,093 27,456 34,000 35,000
Repair/Main!. (Grounds/Bldg/Equip) 33,913 18,657 19,972 11,063 40,000 30,000
Printing/Reproduction 6,310 34,078 1,252 1,363 15,000 15,000
Utilities (Elec, water, garb) 17,288 24,447 24,424 10,709 32,000 30,000
Advertising 951 1,789 836 670 3,000 3,000
Other Miscelleanous 3,675 2,409 1,044 659 4,000 4,000
Office Supplies 15,316 19,384 15,534 10,043 22,000 20,000
Computer Related Expenses 29,016 40,539 34,348 23, 132 50,000 50,000
Publications 8,265 1,308 1,419 666 9,500 8,500
Professional Development 25,032 25,771 28,143 26,441 31,000 30,000
Meetings/Events 27,093 11,442 13,094 14,176 30,000 20,000
Capital Outlay-Operations 0 28,085 12,939 2,597 30,000 30,000
Capital Outlay-Building 212,443 88,369 21,742 7,450 50,000 30,000
Long Term Debt (Building Loan) 127,751 127,751 127,751 63,876 128,000 128,000
Allocation of Fringellndirect -596,400 -624,637 -625,554 -290,904 -868,660 -716,995
Reserve for Operations Expense 552,561 404,046 392,967 565,843 565,843
Total Cash Outlays 2,092,945 1,831,104 1,785,727 730,319 1,982,947 2,063,348
Net Income/(Loss) -148,515 -11,079 172,878 7,481 0 0
Non-Cash Expenses:
Depreciation 38,596 58,778 68,421 60,000 60,000
Total Expenses 2,131,541 1,889,882 1,854,148 730,319 2,042,947 2,123,348
Revenues
4
MPO
Actual YIE
9130105
METROPOLITAN PLANNING ORGANIZATI!lN' ",
OCT. 1,2008 - Se !. 30,2009 BUDGET.L 0
Year End Current Amended
MPO MPO MPO YTO MPO
Actual YIE Actual YIE ACTUAL Budget Y/E
9/30106 9130107 at 2/29108 9/30/08
Proposed
MPO
Budget YIE
9130109
Assessments
F ederallState/Local Grants 746,916 771,053 708,808 268,571 1,161,749 942,495
Dri/Monitoring Fees
Interest/Mise
Carry Over Fund Balance
Total Income 746,916 771,053 708,808 268,571 1,161,749 942,495
Revenues
Exoen . Ilures
Direct:
Salaries 213,825 238,563 207,369 102,890 388,839 280,000
FICA 0 0 0 0
Retirement 0 0 0 0
Health Insurance 0 0 0 0
Workers Compensation 0 0 0 0
Legal Fees 173 0 0 0
Consultant Fees 201,998 50,661 0 0 0
NEP Contractual 0 0 0 0
MPO Contractual 4,345 132,679 208,969 22,007 228,150 290,000
Audit Fees 0 0 0 0
Travel 4,827 4,877 6,954 996 9,000 8,000
Telephone 1 663 2,316 497 3,500 3,000
Postage 9,398 2,030 1,114 786 8,000 5,000
Storage Unit Rental 0 0 0 0
Equipment Rental 0 0 0 0
Insurance 0 0 0 0
Repair/Main!. (Grounds/Bldg/Equip) 0 0 0 0
Printing/Reproduction 4,753 4,693 5,807 270 5,000 6,500
Utilities (Elec, water, garb) 0 0 0 0
Advertising 1,756 2,767 5,845 5,210 6,000 7,500
Other Miscelleanous 245 0 166 500 500
Office Supplies 148 3,302 4,660 2,169 5,000 5,000
Computer Related Expenses 950 8,490 115 400 2,000 2,000
Publications 2,092 985 0 600 1,500
Professional Development 1,230 2,191 350 477 1,500 1,500
Meetings/Events 1,273 1,174 357 73 5,000 2,000
Capital Outlay-Operations 4,820 0 6,673 0 8,000 3,000
Capital Outlay-Building 0 0
Long Term Debt (Building Loan) 0 0
Allocation of Fringe/Indirect 297,590 316,454 257,292 132,630 490,660 326,995
Reserve for Operations Expense
Total Cash Outlays 746,915 771,053 708,808 268,571 1,161,749 942,495
Net Income/(Loss)
Non-Cash EXDenses:
Depreciation
Total Expenses 746,916 771,054 708,808 268,571 1,161,749 942,495
d'
5
....................
CHNEP-
Actual
Y /E 9/30/05
CHARLOTTE HARBOR NEP 16 I
OCT. 1, 2008 - Se !. 30, 2009 BUDGET
Year End Current Amended
CHNEP - CHNEP - NEP YTD CHNEP -
Actual Actual ACTUAL Budget
Y /E 9/30/06 Y /E 9/30/07 at 2/29107 YtE 9/30t08
Proposea
CHNEP-
Budget
YIE 9130109
Assessments
Federal/State/Local Grants 945,331 1,095,845 1,300,873 575,788 1,113,316 1,199,550
Dri/Monitoring Fees
Interest/Mise
Carry Over Fund Balance
Total Income 945,331 1,095,845 1,300,873 575,788 1,113,316 1,199,550
Expenditures . . ,
Direct:
Salaries 222,076 232,328 296,807 121,363 291,416 395,000
FICA 0 0 0 0
Retirement 0 0 0 0
Health Insurance 0 0 0 0
Workers Compensation 0 0 0 0
Legal Fees 0 0 0 0
Consultant Fees 0 0 0 0
NEP Contractual 323,338 432,164 515,184 225,825 272,300 255,200
MPO Contractual 0 0 0 0
Audit Fees 0 0 0 0
Travel 13,843 24,921 19,907 7,093 21,500 21,500
Telephone 191 1,062 658 289 1,500 1,500
Postage 9,806 6,866 7,374 8,007 10,000 10,000
Storage Unit Rental 590 955 750 375 1,000 1,000
Equipment Rental 0 0 0 0
Insurance 0 0 0 0
Repair/Main!. (Grounds/Bldg/Equip) 0 0 0 0
Printing/Reproduction 40,522 57,545 34,093 27,955 83,000 60,000
Utilities (Elec, water, garb) 0 0 0 0
Advertising 278 259 521 550 550
Other Miscelleanous 50 0 0 3 750 500
Office Supplies 2,099 764 3,090 2,268 1,500 3,000
Computer Related Expenses 2,685 3,897 5,112 1,684 3,000 4,000
Publications 477 184 425 500 500
Professional Development 7,185 7,482 6,049 5,183 8,500 8,000
Meetings/Events 22,580 5,553 31,287 16,521 33,800 33,800
Capital Outlay-Operations 1,554 13,370 11,857 0 6,000 15,000
Capital Outlay-Building 0 0
Long Term Debt (Building Loan)
Allocation of Fringeilndirect 298,810 308,183 368,261 158,274 378,000 390,000
Reserve for Operations Expense
Total Cash Outlays 945,331 1,095,845 1,300,873 575,788 1,113,316 1,199,550
Net Income/(Loss)
Non-Cash Exoenses:
Depreciation
Total Expenses 945,331 1,095,845 1,300,873 575,788 1,113,316 1,199,550
Revenues
6
Adopted 5 Year Plan
Budget Budget Budget Plan Budget Plan Budget Plan Budget Plan
Y/E VIE VIE VIE VIE VIE
9/30108 9/30109 9/30/10 9/30/11 9/30/12 9/30/13
, ,'. Rev~"ues '. . . , .
Assessments 450,432 464,696 483,284 502,615 522,720 543,629
Federal/State/Local Grants 2,961,737 2,944,854 3,228,677 3,345,823 3,439,027 3,518,147
Dri/Monitoring Fees 250,000 200,000 250,000 250,000 250,000 250,000
Interest/Mise 30,000 30,000 30,000 32,000 32,000 33,000
Carry Over-Fund Balance 565,843 565,843 566,000 566,000 566,000 566,000
T otall ncome 4,258,012 4,205,393 4,557,961 4,696,438 4,809,747 4,910,775
. E~Denditures .
Direct:
Salaries 1,732,419 1,757,000 1,813,085 1,870,971 1,930,715 1,992,379
FICA 125,000 122,000 130,000 130,000 130,000 130,000
Retirement 170,000 170,000 175,000 175,000 180,000 180,000
Health Insurance 230,000 210,000 250,000 260,000 265,000 270,000
Workers Compensation 15,000 10,000 10,000 10,000 10,000 10,000
Legal Fees 10,000 3,000 3,000 3,000 3,000 3,000
Consultant Fees 40,000 40,000 140,000 140,000 140,000 140,000
NEP Contractual 272,300 255,200 311,981 356,188 368,816 380,003
MPO Contractual 228,150 290,000 345,955 358,092 375,474 393,389
Audit Fees 49,000 47,000 47,000 48,000 48,000 49,000
Travel 60,500 59,500 63,000 64,000 65,000 66,000
Telephone 20,000 14,500 16,700 16,800 16,800 16,800
Postage 40,000 30,000 34,000 39,000 41,000 42,000
Storage Unit Rental 3,100 3,000 3,000 3,000 3,000 3,000
Equipment Rental 47,000 40,000 40,000 40,000 41,000 41,000
Insurance 34,000 35,000 34,000 34,000 34,000 34,000
Repair/Maint. (Grounds/Bldg/Equip) 40,000 30,000 32,000 32,000 35,000 35,000
Printing/Reproduction 103,000 81,500 70,000 71,000 71,500 72,000
Utilities (Elec, water, garb) 32,000 30,000 32,000 34,000 34,000 35,000
Advertising 9,550 11,050 10,100 10,200 10,200 10,200
Other Miscelleanous 5,250 5,000 5,500 5,500 5,500 5,500
Office Supplies 28,500 28,000 25,700 27,700 27,700 27,700
Computer Related Expenses 55,000 56,000 57,500 57,700 58,000 58,000
Publications 10,600 10,500 10,200 10,200 10,200 10,200
Professional Development 41,000 39,500 45,000 45,100 47,600 47,600
MeetingslEvents 68,800 55,800 63,000 64,500 65,000 65,500
Capital Outlay-Operations 44,000 48,000 38,000 38,000 40,500 40,500
Capital Outlay-Building 50,000 30,000 50,000 50,000 50,000 50,000
Long Term Debt (Building Loan) 128,000 128,000 128,000 128,000 128,000 128,000
Allocation of Fringellndirect
Reserve for Operations Expense 565,843 565,843 566,000 566,000 566,000 566,000
Total Cash Outlays 4,258,012 4,205,393 4,549,721 4,687,951 4,801,005 4,901,771
Net Income/(Loss)
Non-Cash Expenses:
Depreciation 60,000 60,000 60,000 60,000 60,000 60,000
Total Expenses 4,318,012 4,265,393 4,609,721 4,747,951 4,861,005 4,961,771
SWFRPC-MPO-CHNEP COMBINED 16 I
PROPOSED BUDGET AND FIVE VEAR PLAN
OCTOBER 1 2009 TO SEPTEMBER 30 2013
Ie
7
Adopted 5 Year Plan
RPC Budget RPC Budget RPC Budget RPC Budget RPC Budget RPC Budget
Y/E YIE Y/E Y/E Y/E Y/E
9/30/08 9t30t09 9/30/10 9/30/11 9/30/12 9/30/13
Revenues , ,
Assessments 450,432 464,696 483,284 502,615 522,720 543,629
Federal/State/Local Grants 686,672 802,809 800,000 800,000 800,000 800,000
Dri/Monitorlng Fees 250,000 200,000 250,000 250,000 250,000 250,000
Interest/Mise 30,000 30,000 30,000 32,000 32,000 33,000
Carry Over-Fund Balance 565,843 565,843 566,000 566,000 566,000 566,000
Total Income 1,982,947 2,063,348 2,129,284 2,150,615 2,170,720 2,192,629
i~i1!'i:;,{'Vi ."it~6e~ilit\!\1l$:;,' "" "\' .'0'., 0, ,,", ',' - ""'" ,," ",; ",' " ,
Direct:
Salaries 1,052,164 1,082,000 1,114,460 1,147,894 1,182,331 1,217,801
FICA 125,000 122,000 130,000 130,000 130,000 130,000
Retirement 170,000 170,000 175,000 175,000 180,000 180,000
Health Insurance 230,000 210,000 250,000 260,000 265,000 270,000
Workers Compensation 15,000 10,000 10,000 10,000 10,000 10,000
Legal Fees 10,000 3,000 3,000 3,000 3,000 3,000
Consultant Fees 40,000 40,000 40,000 40,000 40,000 40,000
NEP Contractual 0 0
MPO Contractual 0 0
Audit Fees 49,000 47,000 47,000 48,000 48,000 49,000
Travel 30,000 30,000 30,000 31,000 31,000 32,000
Telephone 15,000 10,000 15,000 15,000 15,000 15,000
Postage 22,000 15,000 15,000 17,000 17,000 17,000
Storage Unit Rental 2,100 2,000 2,000 2,000 2,000 2,000
Equipment Rental 47,000 40,000 40,000 40,000 41,000 41,000
Insurance 34,000 35,000 34,000 34,000 34,000 34,000
Repair/Main!. (Grounds/Bldg/Equip) 40,000 30,000 32,000 32,000 35,000 35,000
Printing/Reproduction 15,000 15,000 15,000 15,000 15,000 15,000
Utilities (Elec, water, garb) 32,000 30,000 32,000 34,000 34,000 35,000
Advertising 3,000 3,000 3,000 3,000 3,000 3,000
Other Miscelleanous 4,000 4,000 4,000 4,000 4,000 4,000
Office Supplies 22,000 20,000 22,000 24,000 24,000 24,000
Computer Related Expenses 50,000 50,000 50,000 50,000 50,000 50,000
Publications 9,500 8,500 9,500 9,500 9,500 9,500
Professional Development 31,000 30,000 35,000 35,000 37,000 37,000
Meetings/Events 30,000 20,000 30,000 31,000 31,000 31,000
Capital Outlay-Operations 30,000 30,000 30,000 30,000 32,000 32,000
Capital Outlay-Building 50,000 30,000 50,000 50,000 50,000 50,000
Long Term Debt (Building Loan) 128,000 128,000 128,000 128,000 128,000 128,000
Allocation of Fringe/Indirect -868,660 -716,995 -790,916 -822,266 -854,853 -876,676
Reserve for Operations Expense 565,843 565,843 566,000 566,000 566,000 566,000
Total Cash Outlays 1,982,947 2,063,348 2,121,044 2,142,128 2,161,978 2,183,624
Net Income/(Loss)
Non-Cash Expenses:
Depreciation 60,000 60,000 60,000 60,000 60,000 60,000
Total Expenses 2,042,947 2,123,348 2,181,044 2,202,128 2,221,978 2,243,624
SOUTHWEST FLORIDA REGIONAL PLANNING COUfl~ I
PROPOSED BUDGET AND FIVE YEAR PLAN 0
OCTOBER 1, 2009 TO SEPTEMBER 30, 2013
Ie
8
Adopted ; 5 Year Plan
MPO PULacal MPO PULocal MPO PULacal MPO PULacal MPO PULacal MPO PULacal
Budget Y IE Budget Budget Plan Budget Plan Budget Plan Budget Plan
9130108 Y/E 9/30/09 Y/E 9130110 YIE 9130111 YIE 9130112 Y IE 9130/13
Revenues . .; .
Assessments
Federal/State/Local Grants 1,161,749 942,495 1,140,145 1,161,428 1,180,704 1,200,227
On/Monitoring Fees
InteresUMisc
Carry Over-Fund Balance
Total Income 1,161,749 942,495 1,140,145 1,161,428 1,180,704 1,200,227
y, Eiibtlh4ij~i'!l~e'X " .'" , ' . ,,".....;(,;;; .......~ ;';<;"l ,'. . .
Direct:
Salaries 388,839 280,000 289,800 299,943 310,441 321,306
FICA 0 0
Retirement 0 0
Health Insurance 0 0
Workers Compensation 0 0
Legal Fees 0 0
Consultant Fees 0 0 100,000 100,000 100,000 100,000
NEP Contractual 0 0
MPO Contractual 228,150 290,000 345,955 358,092 375,474 393,389
Audit Fees 0 0
Travel 9,000 8,000 8,000 8,000 8,000 8,000
Telephone 3,500 3,000 200 300 300 300
Postage 8,000 5,000 8,000 9,000 9,000 10,000
Storage Unit Rental 0 0
Equipment Rental 0 0
Insurance 0 0
Repair/Main!. (Grounds/Bldg/Equip) 0 0
Printing/Reproduction 5,000 6,500 5,000 6,000 6,500 7,000
Utilities (Elec, water, garb) 0 0
Advertising 6,000 7,500 6,000 6,000 6,000 6,000
Other Miscelleanous 500 500 500 500 500 500
Office Supplies 5,000 5,000 700 700 700 700
Computer Related Expenses 2,000 2,000 2,000 2,000 2,000 2,000
Publications 600 1,500 600 600 600 600
Professional Development 1,500 1,500 1,500 1,600 1,600 1,600
Meetings/Events 5,000 2,000 5,000 5,500 5,500 5,500
Capital Outlay-Operations 8,000 3,000 3,000 3,000 3,500 3,500
Capital Outlay-Building 0 0
Long Term Debt (Building Loan) 0 0
Allocation of Fringe/Indirect 490,660 326,995 363,890 360,193 350,589 339,831
Reserve for Operations Expense
Total Cash Outlays 1,161,749 942,495 1,140,145 1,161,428 1,180,704 1,200,227
Net Income/(Loss)
Non-Cash Expenses:
Depreciation
Total Expenses 1,161,749 942,495 1,140,145 1,161,428 1,180,704 1,200,227
METROPOLITAN PLANNING ORGANIZATION 16 lIe
PROPOSED BUDGET AND FIVE YEAR PLAN
OCTOBER 1, 2009 TO SEPTEMBER 30, 2013
9
Adopted . '.' 5 Year Plan
CHNEP. CHNEP- CHNEP- CHNEP- CHNEP- CHNEP-
Budget Budget Budget Plan Budget Plan Budget Plan Budget Plan
Y /E 9/30/08 Y IE 9/30/09 Y /E 9/30/10 Y /E 9/30/11 Y /E 9/30/12 Y /E 9/30/13
Revenues
Assessments
Federal/State/Local Grants 1,113,316 1,199,550 1,288,532 1,384,395 1,458,323 1,517,920
Dri/Monitoring Fees
InteresUMisc
Carry Over-Fund Balance
Total Income 1,113,316 1,199,550 1,288,532 1,384,395 1,458,323 1,517,920
CHARLonE HARBOR NEP J 6 I
PROPOSED BUDGET AND FIVE YEAR PLA
OCTOBER 1 2009 TO SEPTEMBER 30 2013
Ie
Exnenditures
Direct:
Salaries 291,416 395,000 408,825 423,134 437,944 453,272
FICA 0 0
Retirement 0 0
Health Insurance 0 0
Workers Compensation 0 0
Legal Fees 0 0
Consultant Fees 0 0
NEP Contractual 272,300 255,200 311,981 356,188 368,816 380,003
MPO Contractual 0 0
Audit Fees 0 0
Travel 21,500 21,500 25,000 25,000 26,000 26,000
Telephone 1,500 1,500 1,500 1,500 1,500 1,500
Postage 10,000 10,000 11,000 13,000 15,000 15,000
Storage Unit Rental 1,000 1,000 1,000 1,000 1,000 1,000
Equipment Rental 0 0
Insurance 0 0
Repair/Maint: (Grounds/Bldg/Equip) 0 0
Printing/Reproduction 83,000 60,000 50,000 50,000 50,000 50,000
Utilities (Elec, water, garb) 0 0
Advertising 550 550 1,100 1,200 1,200 1,200
Other Miscelleanous 750 500 1,000 1,000 1,000 1,000
Office Supplies 1,500 3,000 3,000 3,000 3,000 3,000
Computer Related Expenses 3,000 4,000 5,500 5,700 6,000 6,OOQ
Publications 500 500 100 100 100 100
Professional Development 8,500 8,000 8,500 8,500 9,000 9,000
Meetings/Events 33,800 33,800 28,000 28,000 28,500 29,000
Capital Outlay-Operations 6,000 15,000 5,000 5,000 5,000 5,000
Capital Outlay-Building 0 0
Long Term Debt (Building Loan) 0 0
Allocation of Fringellndirect 378,000 390,000 427,026 462,073 504,264 536,845
Reserve for Operations Expense
Total Cash Outlays 1,113,316 1,199,550 1,288,532 1,384,395 1,458,323 1,517,920
Net Income/(Loss)
Non-Cash Expenses:
Depreciation
Total Expenses 1,113,316 1,199,550 1,288,533 1,384,395 1,458,323 1,517,920
10
161
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Facts to be noted for this Annual BudQet
1 Included in Employee Benefits Salaries are sick, vacation, and holiday pay.
Provision is also included for adjustments (ie: merit increase, reclass, etc.)
In the event of any adjustments, transfers can be made to the corresponding
project within the same expense line. As always, transfers between Expense
Lines will require a Budget Amendment.
2 New this year, as per the Auditors, the Fund Balance must be shown in the Budget
as 'carry over fund balance' in the revenue portion and as 'reserve for operations'
in the expense portion of the Budget.
3 It has been recommended by the auditots that the Council designate a portion
of the fund balance for emergencies. In that regard, $471,600 was been
appropriated thus far and the reserved fund balance will be increased each year
until our goal of a six month reserve is met.
4 Fringe and Indirect reimbursed by MPO and NEP grants are shown as reallocation
from Council since their budgets are separated from the RPC budget. A copy of
the Calculation of the Indirect/Fringe Rates policy approved by the Council is
attached. The Indirect rate prorates the overhead expenses incurred by the RPC
over each active project/agency. These expenses include, but are not limited to,
facility costs, office supplies, and support staff.
Frinqe/lndirect Rates for 5 years:
2008-09 Fringe Provisional Rate
2008-09 Indirect Provisional Rate
49%
82%
2007-08 Fringe Provisional Rate
2007-08 Indirect Provisional Rate
49%
84%
2006-07 Fringe Actual Rate
2006-07 Indirect Actual Rate
46%
78%
2005-06 Fringe Actual Rate
2005-06 Indirect Actual Rate
43%
90%
2004-05 Fringe Actual Rate
2004-05 Indirect Actual Rate
42%
99%
2003-04 Fringe Actual Rate
2003-04 Indirect Actual Rate
43%
83%
11
2009 Budget Distribution by Agency
NEP,
1,199,550,
29%
MPO,
942,495,
22%
Assessments
13%
Grants-NEP ,
J
33%
1,400,000 T--------
1,200,000;--------
1 ,000,000 I'
800,000
600,000
400,000 '
200,000 t
o ..
RPC-Genl.,
1,005,957,
24%
RPC-SR,
1,057,391,
25%
Distribution of Revenue
Misc.llnterest
1%
Grants-RPC
r 22%
I
I
ORls/NOPCs
5%
Grants-MPO
26%
Comparsion of Expenses
2005
2006
---.,--n----",
--lILt
-r- ---,-
2007
YTD
2009
2008
12
161 18
--nul
I
IiiI RPC-Genl.
. RPC-SR
DMPO
DNEP
YTD
Distribution of Revenue
Misc.llnterest
1%
Grants-RPC
20%
Assessment
14%
DRls/Nopes
11'%
Grants-NEP /
37%
Grants-MPO
17%
YTD Distribution of Expenses
RPC-Genl.
16%
NEP
36% '\
\ RPC-SR
31%
MPO
17%
2009
Distribution of Revenue
Misc./lnterest
1%
Assessment
11%
Grants-NEP
29%
Grants-MPO
22%
2009 Distribution of Expenses
MPO
22%
i-----
The graphs above compare the actual revenues and expenses so far to date with the proposed budget
for the next fiscal year.
This graph compares
the number of
employees in each
entitiy
Employees
MPO
13
16/
Ie
Grants.RPC
32%
DRls/NOPCs
5%
RPC-Genl.
24%
RPC-SR
25%
161
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Calculation of Frinae and Indirect Rates
Source:
CCAS Indirect Cost Rate (http://www.ccas.comlcgovcon.htm)
CCAS produces and supports financial and government project accounting software
Frequently Asked Questions (FAQs) about Indirect Costs from
The Division of Financial Advisory Services
(http://ocm.od.nih.gov/dfas/faqindirectcosts.htm)
What is the difference between a direct cost and an indirect cost?
A direct cost is any cost that can be easily identified with a specific project
(grant/contract): e.g., Salaries and Wages, Materials & Supplies,
Subcontracts, Consultants.
An indirect cost is any cost that cannot be easily identified (or it would not
be cost effective to identify) to a specific project, but identified with two or
more final cost objectives. There are three types of indirect costs:
Frinae Benefits: services or benefits provided to employees, e.g., Health
Insurance, Payroll Taxes, Pension Contribution, Paid Absences, etc
Overhead: indirect costs associated with the performance of a project,
e.g., Facility Costs (rent, heat, electricity, etc.), General Laboratory
Supplies, office supplies, etc.
G&A: indirect costs associated with the overall management of an
organization, e.g., President's Office, Human Resources Office, Accounting
Office, etc.
Determinina an Indirect-Cost Rate
An indirect-cost rate is simply the ratio of indirect costs to some base or activity (that
is, direct labor costs, labor hours, number of employees, space footage or total direct
costs).
We will use the ratio of indirect costs (excluding fringe) to direct labor costs to
determine the actual indirect rate. (Overhead and G&A)
The ratio of total fringe benefits to total salaries will be used to determine the actual
fringe rate. (Fringe Benefits)
Sept.2005
14
161
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SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL
CAPITAL ASSETS POLICY
Conforming to the requirements of GASB 34, we are formally setting the following
guidelines for fixed assets capitalization and depreciation:
Assets will be capitalized at $1,000 and above according to Florida Statue, Chapter 274.
These assets will be inventoried using the Peachtree Fixed Assets Prograrn.
The depreciation method will be straight-line, full month.
Useful life ranges are as follows:
Buildings ~ 45 years
Improvements other than buildings - 15 years
Computer Equiprnent ~ 3 years
Furniture and Fixtures - 7 years
Vehicles and Equipment - 5 years
This policy is effective as of October 1, 2004.
Any assets previously inventoried under $1,000 shall be removed from the inventory list
and that list subrnitted along with this policy.
15
The following items were removed from the fixed assets list in 2007:
Asset Purchased
Aberdeen Printer
HP Printer
Entre Computer
Laser Jet Printer
Laser Jet Printer
Dell Computer
Gateway Computer
Dell Computer
Gateway Computer
1/13/1994
9/29/1995
4/26/1996
11/1/1996
12/11/1997
9/11/1998
6/29/2000
1/17/2001
2/8/2001
4,325.00
1,399.99
2,03500
1,299.99
1,609.90
2,135.00
1,297.00
2,31200
1,814.00
18,22788
In the future, any assets scheduled for disposal will be presented to the Council
prior to any sale or disposition as per suggestion by the Auditors. Furthermore a
Computer Disposal Policy, effective December 14, 2007 has been established.
This policy is included in the back of this Budget.
16
161
Ie
161
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SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL
COMPUTER DISPOSAL POLICY
Effective Date: December 14, 2007
Policy Statement:
All Council-owned electronic equipment, including but not limited to, computers,
monitors, faxes, copy machines, cell phones, and personal digital appliances (PDAs) with
a printed circuit board that the Network Administrator has deemed to be surplus or non-
usable shall be disposed of in a manner that is consistent with Federal, state and local
statutes and regulations, with recycling being the preferred method. All equipment
identified as surplus shall be recycled by the Council's selected and approved vendor list.
In addition, all surplus computers or servers that contain hard drives shall be wiped clean
or shall be destroyed by magnetic degaussing.
If equipment is recycle/disposed through the Lee County Government Solid Waste
Division there is a fee which is subject to change.
Responsibility:
The administration of the recycling program shall be under the Network Administrator
and the Executive Director. The Network Administrator identifies equipment as surplus
to the needs for the Council, the Executive Director, reviews, and approves these
declarations and brings the matter before the Council for final approval.
Action:
The initial action is the Network Administrator presents the Executive Director a list of
surplus equipment. This list depicts: purchase date, current capital value, and reason for
designation as surplus and recornmended rnethod of disposal. Once a list is approved by
the Executive Director, it is placed on the Council's Agenda in the Administrative Items
section for final approval.
Possible methods of disposal include: in-house auction of equipment, donation to other
agencies, recycling, disposal or any other method deemed to be consistent with the
purpose and mission of the Council.
161
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691-73.006 Inventory of Property.
(J) Physical Inventory Required - Each governmental unit shall ensure a complete physical inventory of all property is taken
annually and whenever there is a change of custodian or change of custodian's delegate.
(2) Inventory Forms - The form used to record the physical inventory pursuant to Section 274.02(2), F.S., shall be at the
discretion of the governmental unit. However, the form shall display at a minimum for each property item, the following
information:
(a) Date of inventory.
(b) Identification number.
(c) Existence of property item (or not).
(d) Physical location (the city, county, address or building name and room number therein).
(e) Present physical condition.
(I) Name and signature of the employee or other individual attesting to the existence of the item.
(g) In the case ofa property group, the number and description of the component items comprising the group.
(3) Electronic scanning format used for the identification number is acceptable only if the recorded data is downloadable to a
computer and can then be used to generate reports that will include all information required on the hardcopy inventory form.
(4) Unrecorded Property - Any property item found during the conduct of an inventory which meets the requirements for
accounting and control as defmed in Rule 691-71.003, F.A.C., and which item is not included on the inventory forms described
above, shall have an inventory form created for the item when located. After appropriate investigation to establish the ownership of
the item, it shall be added to the governmental unit's property records or, if ownership cannot be reasonably established, the item
may be disposed of in the manner provided by law as applicable to SUrPlus property, pursuant to Section 274.05 and 274.06, F.S.
(5) Custodian Delegate Shall Not Inventory Certain Items - The custodian delegate shall not personally inventory items for
which they are responsible.
(6) Reconciliation of Inventory to Property Records - Upon completion of a physical inventory:
(a) The data listed on the inventory forms shall be cOlDpared with the individual property records. Noted differences such as
location, condition and custodian shall be investigated and corrected as appropriate or alternatively, the item shall be relocated to its
assigned location and custodian in the individual property record.
(b) Items not located during the inventory process shall be promptly reported to the governmental unit which shall cause a
thorough investigation to be made. Ifthe investigation determines that the item was stolen, the individual property record shall be so
noted, and a report filed with the appropriate law enforcement agency describing the missing item and the circumstances
surrounding its disappearance.
(7) Unaccounted for Property - For items identified as unaccounted for and reported to the State's Chief Financial Officer,
recording of the items as dispositions, or otherwise removing of the items from the property records, shall be subjected to approval
of the State's Chief Financial Officer, as provided in Section 17.041, F.S., and Rule 691-71.003, F.A.C.
Specific Authority 274.02 FS. Law Implemented 274.02 FS. History-New 3~25-08.
16Jl
, \! ':-', "'" '1' A -I'" ~'i "-en_A ~<
/. 'Ui'.ll h! I\./(:\'\j
Certificate Regarding Matchialll\!;qnds I. ~'i .... "fi
L'~ II'., I Ii I II J' .,)
1,
Tom Henning
, Chairman of the Board of County Commissioners of
Collier County, Florida, do hereby certify that the Board of County Commissioners will provide
matching funds for the Federal EJection Activities grant in county FY 2007-2008 to the
Supervisor of Elections in an amount equal to at least 15% of the amount to be received from the
state, which for Collier County is $5,354.76. I understand that if the Board fails to appropriate
the required matching funds, all funds received from the state for this grant during the 2007-2008
state fiscal year will be required to be returned to the Department of State.
lOners
ATTEST 11 ~ '
DWlGHT E ;~RoeK '~,
, {. I " ',: :,'i'~',"" ;'~,' ,-(J{ .
J;"~-'-'-:-,' "
r " ,l
MttSt ., toQlatri'4l ','
S'''''''-,_l!'- ,'"" .
',"\ .
V
""j'
~'J
Date
C<, ~Ct)B
(
A8IIistan~ CollIl~7 Attorne7
Item # J (oJJ..
Agenda S -I :; -0&
Date
Date ~ -l/l_~
Rec'd '.LJ.:I:-!
ORIGINAL DOCUMENTS CHECKLIST & ROUTING S!I~ K 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original documen1. Original documents should be hand delivered to the Board Oftlcc. The completed routing slip and original
documents are to he forwarded to the 130ard Office only nfter the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate fOf additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exccotion of the Chairman's sie:nature, draw a line through routin!! lines #1 thrau2h #4, comnlete the checklist, and fOf\vard to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routine: order)
I.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary conlact information is needed in the event one of the addressees above, including Sue Filson, need to contact statffor additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the Bee office only after the BCe has acted to approve the
item.)
Name of Primary Staff Jeffrey A. Klatzkow Phone Number 252-8400
Contact
Agenda Date Item was 5/13/08 Agenda Item Number \(oj(.4
Annroved bv the BCC
Type of Document Resolution 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 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 Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 5-\3- (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 Hcable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
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16K4
MEMORANDUM
Date:
May 14,2008
To:
Jeff Klatzkow
County Attorney
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-135:
Revising the County Attorney's Office Fiscal Year
Pay and Classification Plan effective May 14, 2008
Enclosed please find one (1) copy of the Resolution referenced
above (Agenda Item #16K4) adopted by the Board of County
Commissioners on Tuesday, May 13, 2008.
The original document will be kept as part of the Board's permanent record in
the Minutes and Records Department.
If you have any questions, please call me at 252-8406.
Thank you.
Enclosed (1)
16K4
RESOLUTION NO. 2008.135
A RESOLUTION APPROVING THE REVISED COUNTY ATTORNEY OFFICE 2008
FISCAL YEAR PAY AND CLASSIFICATION PLAN EFFECTIVE ON MAY 14, 2008.
WHEREAS, it has been the policy of Collier County to establish and administer a
system of compensation based on principles of public accountability, external
competitiveness, internal equity, relative complexity and responsibility between
classifications, market economic conditions, County financial policies and appropriate
federal, state and local laws pertaining to compensation so as to contribute to an
environment conducive to employee motivation and productivity as is referenced, for
example, in Ordinance No. 96-40, as amended by Ordinance No. 2001-50; and
WHEREAS, the reorganization of the Office of the County Attorney it is
necessary to revise the County Attorney Pay and Classification Plan previously
approved by the Board of County Commissioners.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Revised 2008 Fiscal Year Pay and Classification Plan for employees
under the administration of the County Attorney, a copy of which is attached hereto as
Exhibit 1, is hereby approved and adopted.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this \'?,'\::D day of May, 2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLI~UNTY LORIDA.
By: ,:jfJ1..-
TOM HENNING, CHAIRM~
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YY.1259/379
Item#~
Agenda S i ~ -00
Date I~
.oL.
16K4
EXHIBIT 1
REVISED COLLIER COUNTY ATTORNEY PAY AND CLASSIFICATION PLAN
Effective Mav 14, 2008
MARKET MATCH
TITLE GRADE MINIMUM POINT MAXIMUM POINT
Deouty Assistant County Attorney 35 97,228 125,058 156,323 97,228
Section Chief 33 71,211 113,432 141,790 71,211
Assistant County Attorney I Of Counsel 31 61,515 102,886 128,608 61,515
Leoal Office Administrator 23 48,245 68,924 86,155 75,816
Leoal Assistant / Paraleoal 19 43,281 56,759 70,949 62,435
Leoal Secretary 15 33,406 43,846 54,808 48,231
Leoal Administrative Secretary 13 28,568 39,770 49,712 43,747
Deputy Assistant County Attorney encompasses Grades 32 through 35
Section Chief encompasses Grades 27 through 33
Assistant County Attorney encompasses Grades 24 through 31
Legal Office Administrator encompasses Grades 19 through 23
Legal Assistant / Paralegal encompasses Grades 17 through 19
Legal Secretary encompasses Grades 14 through 15
Le al Administrative Secreta encom asses Grades 11 throu h 13
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI16 K 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO,
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original dt)(;umcnt. Original dOl'll111Cnb ~hould he hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only.!!fk!: the Board has taken ar.:tion on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's silIDature, draw a line throuph routinp' lines #1 through #4, comnlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routiol! order)
1.
2.
3.
4. William E. Mountford, ACA County Attorney's Office WEM 5/13/08
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of COutt' s Office
7. William E. Mountford, ACA Countv Attorney'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 are to be delivered to the Bee office only after the BCC has acted to approve the
item.)
Name of Primary Staff William E. Mountford Phone Number 252-8400
Contact Assistant County Attorney
Agenda Date Item was 5/13/08 Agenda Item Number l6K5
Aooroved bv the BCC
Type of Document Settlement Agreement & Mutual Release Number of Original 3
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a fa 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 BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on___ (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
7. Please return two executed ori inal documents to William Mountford, ACA WEM
I: Forms/ County Fomls/ Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1.
2.
3.
4.
5.
6.
Yes
(Initial)
WEM
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16K5
MEMORANDUM
Date:
May 13,2008
To:
William E. Mountford
Assistant County Attorney
From:
Ann Jennejohn. Deputy Clerk
Minutes & Records Department
Re:
Settlement Agreement & Mutual Release
Attached, please find two (2) original agreements, as referenced above
(Agenda Item #16K5), approved by the Board of County Commissioners
on Tuesday, May 13, 2008.
[fyou have any questions, please call me at 252-8406.
Thank you.
Attachments (2)
16K5
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THIS SETTLEMENT AGREEMENT AND MUTUAL RELEAsE?,I,
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
".... ~-::.:'
-~, '.'
(hereinafter referred to as the "Agreement and Release") is entered into and mad@. on S:'
this \ ~.,-hday of ("'("'j(l;1. , 200~ by and between ESTELLE lEMMA ~d "
JOSEPH lEMMA, (hereinafter referred to as "Plaintiffs") and Board of County
Commissioners For Collier County (hereinafter referred to as the "County").
WIT N E SSE T H:
WHEREAS, Plaintiffs filed a lawsuit against the County in the Circuit Court for
the Twentieth Judicial Circuit in and for Collier County, Florida, styled Estelle lemma
and Joseph lemma v. Collier County Board of County Commissioners, et al., Case No.
07-2295-CA (hereinafter referred to as the "Lawsuit"); and,
WHEREAS, Plaintiffs. and the County, without either of them admitting any
liability or fault, desire to settle the Lawsuit and any and all disputes that arise from,
relate or refer in any way, whether directly or indirectly, to the incidents described or
allegations made in the Complaint filed in the Lawsuit; and,
WHEREAS, Plaintiffs and the County desire to reduce their settlement to a
writing so that it shall be binding upon them as well as their respective owners,
principals, elected officials, officers, employees, ex-employees, agents, attorneys,
representatives, insurers, spouses, successors, assigns, heirs and affiliates.
16~(5
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement and Release, and with the intent to be legally
bound, Plaintiffs and the County agree as follows:
1. Plaintiffs and the County adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas Clauses", by reference into this Agreement and
Release.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and
in consideration of the sum of Twenty Thousand Dollars ($20,000.00) and other
valuable consideration, the receipt and adequacy of which is hereby acknowledged by
Plaintiffs, Plaintiffs agree to dismiss the Lawsuit with prejudice.
3. In consideration of the resolution of the Lawsuit, and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged,
Plaintiffs, on behalf of themselves, as well as on behalf of their attorneys, agents,
representatives, insurers, heirs, successors and assigns, hereby expressly releases and
forever discharges the County, as well as its elected officials, officers, employees, ex-
employees, agents, attorneys, representatives, successors, assigns, insurers and
affiliates from any and all claims, demands, causes of actions, damages, costs,
attorney's fees, expenses and obligations of any kind or nature whatsoever that they
have asserted or could have asserted in the Lawsuit or that arise from or relate or refer
in any way, whether directly or indirectly, to the Lawsuit or any incident, event or
allegation referred to or made in the Complaint in the Lawsuit.
2
16K5
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of
this Agreement and Release, Plaintiffs and the County agree that either of them (as well
as any other persons or entities intended to be bound) shall, in the event of any breach,
retain the right to enforce the terms and conditions of this Agreement and Release.
5. Plaintiffs and the County acknowledge and agree that this Agreement and
Release is intended to and shall be binding upon their respective owners, principals,
officials, officers, employees, ex-employees, agents, attorneys, representatives,
insurars, suc;cessors, assigns, spouses, heirs and affiliates.
6. Plaintiffs and the County recognize and acknowledge that this Agreement
and Release memorializes and states a settlement of disputed claims and nothing in
this Agreement and Release shall be construed to be an admission of any kind, whether
of fault, liability, or of a particular policy or procedure, on the part of either Plaintiffs or
the County.
7. Plaintiffs and the County acknowledge and agree that this Agreement and
Release is the product of mutual negotiation and no doubtful or ambiguous language or
provision in this Agreement and Release is to be construed against any party based
upon a claim that the party drafted the ambiguous provision or language or that the
party was intended to be benefited by the ambiguous provision or language.
8. This Agreement and Release may be amended only by a written
instrument specifically referring to this Agreement and Release and executed with the
same formalities as this Agreement and Release.
9. In the event of an alleged breach of this Agreement and Release, Plaintiffs
and the County agree that all underlying causes of action or claims of Plaintiffs have
3
16K5
been extinguished by this Agreement and Release and that the sole remedy for breach
of this Agreement and Release shall be for specific performance of its terms and
conditions or any damages arising from the breach. In this regard, Plaintiffs and the
County further agree that the sole venue for any such action shall be in the Twentieth
Judicial Circuit in and for Collier County, Florida in Naples, Florida.
10. This Agreement and Release shall be governed by the laws of the State of
Florida.
IN WiTNESS WHEREOF, Plaintiffs and the County have signed and sealed
this Agreement and Release as set forth below.
DATED: :>. \ '?>. 08
ATTEST:
DWIGHT Ei;,. i3ROCK, Clerk
.', \ ...,'r,~h
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
,~
By:
.
~'~~/
~., to' " ,{)'L'
11'~~!jOtltlio.c .
, Chairman
;. I
e "
.1/
....' (A.L& "fr'7/~h"'"
ESTELLE lEMMA, Plaintiff
Date: Ilfr:.l 'Jr;, ') fA) '{
Date: 1Jf"lL )5',.;}U,J'6
Item# ~
~;~;daS 1~ -0<&
Date S -1'3 -D~
Rec'd
~ lxi/1iLo
~
4
16K5
~.~
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFFS
AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Estelle
lemma and Joseph lemma, before me, this ;;'5.j1\ day of fJ p,;. L , 2008.
.
1J~vl( ~fv6
Signature of NotarY#u9UfERLE HARRIS
NOTARY PUBLIC
My COIlllTission .'pM Oct. 17.2008
Personally Known
or
Produced Identification
\.
Commissioned Name of Notary Public
(Please print, type or stamp)
FL_ Di1"ccS [. r,
Type of Identification Produced
My Commission expires:
Approved as to form and
legal sufficiency:
Iliam E. l\i1ountford
Assistant County Attorney
5
------~
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement
(Display Adv., 10<;8tion etc.)
.....................................................-...........,_...................
Other:
Originating Deptl Div: Cornm,Dev.ServJPlanning Person~ John-David Moss, Alep Date:
01
Petition No. (If none, give brief description): V A-2007-AR-12668, Handy Food Store
Petitioner: (Name & Address): Charlie Martin, P.O. Box 1808, Tampa, FL 33601
Name & Address of an) person(s) to be notified by Clerk's Office: (It more space is needed. attach separate sheet) B & B Cash
Grocery Stores, Inc., P.O. Box 1808, Tampa, FL 3360J
Hearing before BCe
BZA
Other
Requested Hearing date: Mav 13.2008 Based On advertisement ,ppearin0ays before hearing.
Newspaper(s) to be usee!: (Complete only it important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Inclu<-e legal description & common location & Size: Petition: V A~2007-AR-12668. B&B Cash Grocery
Stores, Inc.,represented by Charlie Martin, requesting a Variance of 17 feet to replace an automobile service station canopy
that was destroyed by Hurricane Wilma; and a Variance of seven feet to relocate two fuel pump dispensers.The :to.81-acre
subject property is zoned Village Residential (VR) and General Commercial (C-4)/Main Street Overlay Subdistrict (MSOSD)
and is located at 401 1st Street South, South Immokalee Heights I1nit, Section 4, Township 47 South, Range 29 East, Collier
County. Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
131-138326-649100
NQ If Yes, what account should be charged for advertising costs:
Reviewed by:
~7n,I..~ 4//()/O)]
Department Head Date '
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings bef()re 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 reque!;t for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office \'dll distribute copies:
County Manager aeenda file: to
Requesting Division
Origimll Clerk's OWee
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
...................t..............***...........*.........***...........*...*****............**....
FOR CLERK'S OFFICE USE ONLY:
Date Received: Lf""LJ:..{} ~ Date of Public hearing: S~ate Advertised: ~1-cE
--r-~-'_._------_.'-' -
17A
RESOLUfION NO. 08-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER ::OUNTY, FLORIDA. RELATING TO PETmON
NUMBER VA-2007-AR-12668. FOR ONE 7-FOOT VARIANCE
FROM THE REQUIRED 50-FOOT FRONT YARD SETBACK
TO 43 FEET TO REPLACE AND RELOCATE GAS PUMP
ISLANDS AND ONE 17-FOOT VARIANCE FROM THE
REQUIRED 50-FOOT FRONT YARD SETBACK TO 33 FEET
TO REPLJICE AND RELOCATE THE CANOPY AT THE
HANDY FOOD STORE, LOCATED AT 401 1ST STREET
SOUTII, lMMOKALEE. FLORIDA, AS HEREINAFrER
DESCRIBED IN COLLIER COUNTY. FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Rorida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations a.'~ 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. a.!: amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, the CoJIier County Board of Zoning Appeals has held a public hearing after
notice as in said regulatiom: made and provided, and has considered the advisability of a 7-foot
variance from the required 50-foot front yard setback: for automobile service stations to 43 feet
along the property's First Street South (CR 846) frontage for the replacement and relocation of
gas pump islands and a 17-foot variance from the required 50-foot front yard setback for
automobile service stations to 33 feel along the property's First Street South (CR 846) frontage
for the replacement and relocation of a canopy, as shown on the attached plot plan, Exhibit A, in
a Village Residential (VR) Zoning District and a General Commercial Zoning District witb a
Main Street Overlay (C-4-MSOSD), within the Wellfield Risk Management Special Treatment
Overlay Zone (STIW-4) 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 beard 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 COILIER COUNTY, FLORIDA, that:
4-9-08 MM:SS
Page 1 0(2
7ir?lJ4.tJ-
17 AlP.
The Petition VA-2007-AR-12668 filed by Charlie Martin, represenling B & B Cash
Grocery Stores. Inc., with respect to the property hereinafter described as:
Lots I, 2, 3. 22, 23 Hod 24, Block 1, South Irnmokalee Heights, according the Plat
thereof recorded in Plat Book 3, Page 29, of the Public Records of Collier County,
Florida.
be and the same hereby is approved for a 7-foot variance from the required 50~foot front yard
setback to 43 feet along the property's First Street South (CR 846) frontage for the replacement
and relocation of gas pump islands and a 17-foot variance from the required 50-foot front yard
setback for automobile service stations to 33 feet along the property's First Street South (CR
846) frontage for the replac(~ment and relocation of a canopy. as shown on the attached plot plan,
Exhibit A, in the zoning c.istricts wherein said property is located. subject to the following
conditions.
I. The 7-foot variance for the encroachment along the property's First Street South
frontage shall be limited to allow for the placement of the two gas pump islands
only as depic~ed on the UST Installation Plan/Plot Plan, Exhibit A.
2. The 17.[oot nriance for the encroachment along the property's First Street South
frontage shar be limited to allow for the placement of the gas pump canopy only
as depicted on the UST Installation PlanlPlot Plan. Exhibit A.
3. The applicam shall enter into a hold harmless agreement with the Transportation
Division within 90 days of approval of the variances. The purpose of the
Agreement is to indemnify the County for any damages to the structures that are
the subject Jf these variances and landscaping as a result of any future
improvement. to First Street South.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2007-AR-12668 be recorded in the minutes of this Board.
This Resolution adopted after motion. second and majority vote this _ day of
,2008.
A TrEST:
DWIGIIT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
. Deputy Clerk
By:
TOM HENNING, CHAIRMAN
\
Approved as to form
and legal sufficiency:
~rtfr'
1--1' Jeffrey A. Klatzkow
1) Chief Assistant County Attorney
4-9-08 MMSS
Page 2 of2
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17A
j'*
c,
April 14, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: V A-2007-AR-12668: Handy Food Store
Dear Legals:
Please advertise the above referenced notice on Sunday, April 27, 2008 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O.!Account #131-138326-649100
~'''---~~'~'~-'''."-''''-''''-_._-----'--'-'''-'''---'-''-..- ..---- ~--_..-
17A
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, May 13,
200B, 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-
1266B, FOR ONE 7-FOOT VARIANCE FROM THE REQUIRED 50-FOOT
FRONT YARD SETBACK TO 43 FEET TO REPLACE AND RELOCATE GAS
PUMP ISLANDS AND ONE 17-FOOT VARIANCE FROM THE REQUIRED 50-
FOOT FRONT YARD SETBACK TO 33 FEET TO REPLACE AND RELOCATE
THE CANOPY AT THE HANDY FOOD STORE, LOCATED AT 401 1sT STREET
SOUTH, IMMOKALEE, FLORIDA, AS HEREINAFTER DESCRIBED IN
COLLIER COUNTY, FLORIDA.
Petition: VA-2007-AR-1266B, B & B Cash Grocery Stores, Inc.,
represented by Charlie Martin, requesting a Variance of 17 feet to
replace an automobile service station canopy that was destroyed by
Hurricane Wilma; and a Variance of seven feet to relocate two fuel
pump dispensers. The +/- 0.B1 acre subject property is zoned
Village Residential (VR) and General Commercial (C-4)/Main Street
Overlay Subdistrict (MSOSD)and is located at 401 1st Street South,
South Immokalee Heights Unit, Section 4, Township 47 South, Range
29 East, Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
17A ~H
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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
:-eougty- ~f COPier
CLERK. OF THE CIR. CUJT COURT
COLLIER COUNTY <.tOURT~OUSE
3301 TAM1AMI ~IL EAST
P.O. BO~ 413044,
NAPLES, FLORIDA 'r-:l101-30~4
*,
17 A ~ .~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 14, 2008
Charlie Martin
P.O. Box 1808
Tampa, FL 33601
RE: Notice of Public Hearing to Consider Petition
V A-2007-AR-12668: Handy Food Store
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 13, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, April 27, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
CUw. ~,O.C.
Ann Jennejo~ De~ty Clerk
Enclosure
Phone- (239) 732-2646
Website- www.cIerk.collier.fl.us
Fax- (239) 775-2755
Email-colliercIerk(aicIerk.collier.fl.us
17 A I~
Dwight E. Brock
Clerk of Courts
.eOllilty of Collier
\., ..'.., .
CLERK OF THE CIRCU1T COURT
COLLIER COUNTY d:OURT;OUSE
330 I T AMIAMI J\RAIL EAST
P.O. EO" 413044.
NAPLES, FLORlDA1'1101-30~4
..
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 14, 2008
B & B Cash Grocery Stores, Inc.
P.O. Box 1808
Tampa, FL 33601
RE: Notice of Public Hearing to Consider Petition
V A-2007-AR-12668: Handy Food Store
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 13, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, April 27, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
fuw ~.OL.
Ann Jennejom9, Dep&\y Clerk
Enclosure
Phone- (239) 732-2646
W cbsite- www.c1erk.collier.f1.us
Fax-(239) 775-2755
Emai1-coIIierclerkrWclerk.coIIier.f1.us
Ann P. Jennejohn
17 A '.4"
To:
Subject:
legals@naplesnews.com
VA-2007-AR-12668 Handy Food Store
Attachments:
V A-2007 -AR-12668.doc; V A-2007 -AR-12668.doc
Please advertise the attached on Sunday, April 27, 2008.
~
VA-2007-AR-12668
,doc (24 KB)
~
Thank you,
VA-2007-AR-12668
.doc (25 KB)
Ann Jennejohn
Senior Clerk to the Board
Minutes & Records Department
252-8406
(ann.j ennejohn@collierclerk.com)
1
Ann P. Jennejohn
17A
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday, April 14, 2008 3:54 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT71474.txt; VA-2007-AR-12668 Handy Food Store
I~l
I;...l
B
AIT71474.txt (229 VA-2007-AR-12668
8) Handy Food St...
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
---.--,-.
V A-2007-AR-12668 Handy Food Store
Ann P. Jennejohn
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Monday, April 14, 2008 4:41 PM
To: Ann P. Jennejohn
Subject: RE: VA-2007-AR-12668 Handy Food Store
OK
From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.comj
Posted At: Monday, April 14, 2008 3:54 PM
Posted To: Legals - NDN
Conversation: VA-2007-AR-12668 Handy Food Store
Subject: VA-2007-AR-12668 Handy Food Store
Please advertise the attached on Sunday, April 27,2008.
<<v A-2007 -AR-12668.doc>>
Thank you, <<VA-2007-AR-12668.doc>>
Ann Jennejohn
Senior Clerk to the Board
Minutes & Records Department
252-8406
(ann.jennej ohn@collierclerk.com)
4/15/2008
17A
Page 1 of 1
I
TIt.TIt,
NAPLES DAILY NEWS
Published Dail~
Naples. Fl. 3-111)2
Affidavit of Publication
State or Florida
COllnty of Collier
Before the undersigned they serve as the authority. personally'
appeared tLLaIllQ. who on o(lth says that thc~
ser'e as lite Assistant Corporale Secreta!") orlIte Naples Omh.
a daily newspaper published at Naples. in Collier County.
Florida: distributed in Collier and Lee coullti(:s of Florida: HUll
the attached copy of the ad\'ertising. being a
!,UBLI.f NOnCI;'
in lite matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
Qllf.pril 27'J'. 2jlQj!
\Hialll runh..::r sa\,<; thallh..: said :\apks Daily \':\AS is a llC\\Spapcr
Puhlish<:d ,11 '\apks. in collier count,-. I'lorioa and tl1alllK said
Il<:\\spap..:r has hcr<2[oror..: h..:c:n LOlllillllUUS!Y puhlish.:d ill s<lid ('<lllt"::l
Cnllnl\". [;Iorioa; distrihlll~d in C(ll1i..:r and !..::.:: ..:ollnli..::s 01 Florida.
L'adl din and has o..:<.'n ~nkr~d as s,,:cllnd class mail mall..::r al lh..:: post
OrtiL'<.' in :\apks. in said (\\Ili..:r County. Fhlrida, for a p..::ri'HI of 1
\'':ar n..::x1 preceding the lirst publi..::ation ol"the attached copy (if
adn~rtis"::lTlenL and affiant timher sa~'s thaI h..:: has n..::ithcr paid nor
pr(lllli~.::d any person, firm or corporali\ln any dlSC')lIllL r..::ha1<.'
commission or rdimd for the purpose ofs..::curing Ihis advcnisem.::nt for
puhli"'I,un m 'hI "uli :::r;~
m-1-~___n_ __
( Signature of affiant)
S\l,orn to and subscribed beforc me
Tilts 27". Day or April 21111X
~ \~ C\9'~
(Sign, Ufe o~larv pu lie)
FE] 5l)-257X_127
-
JUDY JANES
Commission DD 675029
Ex iresMa 16,2011
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!E.!~I't~nw:';:! BOARD OF COUNTY
'!tin..........: COMMISSIONERS
tetwlththt; Y Ad- COl;LIER COUNTY.
EJoJ NNING, CHAIR.
Gin E. BROCtc;,
CtLn ~nnelohn, Dep.
Srlf No.l69J~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP] 7 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
ex tion of the Chainnan's si ature, draw a line thrall h rautin lines #1 thrau #4, com lete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
List in rautio order)
1.
c.he.s
5}Pj lor
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the
item.)
Name ofPrirnary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
/
Yes
(Initial)
NtA (Not
A licable)
6. Minutes and Records
Clerk of Court's Office
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Phone Number
Agenda Item Number
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "Nt 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 ofBCC approval ofthe
document or the final ne oliated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be a Te 0 r deadlines!
The document was approved by the BCC on nter date) and all changes
made dnring the meeting have been incorporat d in e attached document. The
Coun Attorne's Office has reviewed the chan es, if a Iicable.
2.
3,
4.
5.
6.
-__.'>.,_.'__"______.__M
17A
RESOLUTION NO. 08-136
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2007-AR-12668, FOR ONE 7-FOOT VARIANCE
FROM THE REQUIRED 50-FOOT FRONT YARD SETBACK
TO 43 FEET TO REPLACE AND RELOCATE GAS PUMP
ISLANDS AND ONE 17-FOOT VARIANCE FROM THE
REQUIRED 50-FOOT FRONT YARD SETBACK TO 33 FEET
TO REPLACE AND RELOCATE THE CANOPY AT THE
HANDY FOOD STORE, LOCATED AT 401 1ST STREET
SOUTH, IMMOKALEE, FLORIDA, AS HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, the 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 a 7-foot
variance from the required 50-foot front yard setback for automobile service stations to 43 feet
along the property's First Street South (CR 846) frontage for the replacement and relocation of
gas pump islands and a 17-foot variance from the required 50-foot front yard setback for
automobile service stations to 33 feet along the property's First Street South (CR 846) frontage
for the replacement and relocation of a canopy, as shown on the attached plot plan, Exhibit A, in
a Village Residential (VR) Zoning District and a General Commercial Zoning District with a
Main Street Overlay (C-4-MSOSD), within the Wellfield Risk Management Special Treatment
Overlay Zone (ST/W-4) 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:
Page I of 2
4-9-08 MMSS
'--nr? ) ),9-0-
17A
/'-
The Petition V A-2007-AR-12668 filed by Charlie Martin, representing B & B Cash
Grocery Stores, Inc., with respect to the property hereinafter described as:
Lots I, 2, 3, 22, 23 and 24, Block I, South Immokalee Heights, according the Plat
thereof recorded in Plat Book 3, Page 29, of the Public Records of Collier County,
Florida.
be and the same hereby is approved for a 7 -foot variance from the required 50-foot front yard
setback to 43 feet along the property's First Street South (CR 846) frontage for the replacement
and relocation of gas pump islands and a l7-foot variance from the required 50-foot front yard
setback for automobile service stations to 33 feet along the property's First Street South (CR
846) frontage for the replacement and relocation of a canopy, as shown on the attached plot plan,
Exhibit A, in the zoning districts wherein said property is located, subject to the following
conditions.
1. The 7-foot variance for the encroachment along the property's First Street South
frontage shall be limited to allow for the placement of the two gas pump islands
only as depicted on the UST Installation Plan/Plot Plan, Exhibit A.
2. The 17-foot variance for the encroachment along the property's First Street South
frontage shall be limited to allow for the placement of the gas pump canopy only
as depicted on the UST Installation Plan/Plot Plan, Exhibit A.
3. The applicant shall enter into a hold harmless agreement with the Transportation
Division within 90 days of approval of the variances. The purpose of the
Agreement is to indemnify the County for any damages to the structures that are
the subject of these variances and landscaping as a result of any future
improvements to First Street South.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-
2007-AR-12668 be recorded in the minutes of this Board.
il-
This Resolution adopted after motion, second and majority vote this J.6!! day of
~~
,2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
::LU'{JNTY FWRIDA .
TOM HENNING, CHAIRMA
,::,' C-;':NJ
Rit~~~~.\.~~,~.
": ,tQllltni'OI!-t:-
APProved js't6'i?~M
and 100;il, ~~ffi()ieticy:
Item# J1A
,~
Agenda5_~ '2.. -0
Date ',J
Date C::~.-I5..1,.(J
Rec'd v...:::..GL1}O
~ Jeffrey A. Klatzkow
\.) Chief Assistant County Attorney
Page 2 of 2
4-9-08 MMSS
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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 origmal document. Original documcnts should be hand delivered to the Hoard Office. The completed routing slip and original
documents are to be forwarded to the Board Omce only after the Board has takcn action onlhe itcm.)
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
exceotion oflhe Chairman's signature, draw a line lhrou!!: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 INFORMATION
(The primary contlEt is the holder of lhe 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 of1he addressees above, including Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing lhe BCC Chairman's signature are to be delivered to the BCC office only after the sec has acted to approve the
item)
Name of Primary Staff Michael Greene Phone Number 252-5849
Contact
Agenda Date Item was 05-13-08 Agenda Item Number 17 a
Approved by the BCC
Type of Document Hold Harmless Agreement Number of Original 3
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 05-13-08 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
N/ A (Not
A licable)
2.
3.
4.
5.
6.
\'1b
I' \ (,
tb
\.t.,)
f\ \G....
\
\.;0
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:
September 30, 2008
To:
Michael Greene, Planning Manager
Planning Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Hold Harmless Agreement with B & B
Cash Grocery Stores, Inc.
Enclosed please find two (2) original agreements as referenced above,
(Agenda Item #17 A) approved by the Board of County Commissioners on
Tuesday, May 13, 2008.
If you should have any questions, please contact me at 252-8406.
Thank you.
Enclosure
17 A ''f
17A
HOLD HARMLESS AGREEMENT
THIS HOLD HARMLESS AGREEMENT, dated effective as of.~~ .;J-\ ,
2008 ("Agreement"), is between COLLIER COUNTY, a political subdivision of the
State of Florida, whose address is 3301 Tamiami Trail East, Naples, FL 34112 ("Collier
County"), and B & B Cash Grocery Stores, Inc., ("B & B"), a Florida corporation with
its principal place of business at 927 South U.S. Highway 301, Tampa, FL 33619.
WHEREAS, B & B is the owner of a tract of land located at 401 First Street
South, Immokalee, Collier County, Florida and improved with a Handy Food Stores
fueling facility and convenience store; and
WHEREAS, B & B submitted Petition V A-2007-AR-12668 requesting one 7-foot
variance from the required 50-foot front yard setback to 43 feet from First Street South
(CR 846) frontage for the replacement and relocation of gas pump islands and requesting
one 17-foot variance from the required 50-foot front yard setback to 33 feet from First
Street South (CR 846) frontage for the replacement and relocation of a canopy; and
WHEREAS, Collier County may further widen First Street (CR 846) in the future
adjacent to the subject B & B property. At this time Collier County has not prepared any
right-of-way maps or construction plans to further widen First Street (CR 846) adjacent
to the subject B & B property. Collier County would not grant the variance to B & B for
construction of improvements closer to the County Road 846 right of way absent the
parties entering into a hold harmless agreement; and
WHEREAS, Collier County adopted Resolution 08-136 on May 13, 2008
granting the 7-foot variance and the 17-foot variance upon the condition that B & Benter
into a hold harmless agreement with Collier County; and
WHEREAS, this Hold Harmless Agreement satisfies the County's condition of
approval of Petition V A-2007-AR-12668 as contained in Resolution No. 08-136.
NOW, THEREFORE, in consideration of the above recitals and other good and
valuable consideration, the receipt of which is hereby acknowledged, the parties agree as
follows:
1. The above recitals are true and correct and incorporated as part of this
Agreement.
2. In accordance with the provisions of this Agreement, B & B agrees to hold
harmless Collier County, its employees and agents from and against damages
to all newly built structures included in the variance application, which
17A
damages are caused by the future widening of First Street South (CR 846)
adjacent to the site, including newly installed: landscaping, irrigation, privacy
walls, curbing, planter beds, gasoline canopy, and dispenser islands and
associated piping. All improvements not physically located in future right-of-
way shall remain as constructed. This provision shall only apply to the future
widening of First Street South (CR 846) by Collier County.
3. All notices required by this Agreement will be sent in writing to the address
for the parties as indicated above. If a change of address occurs or upon an
approval of this Agreement to another party, then the affected party will
provide notice to the other party within thirty (30) days ofthe change.
4. The provisions of this Agreement are intended to bind and inure to the benefit
of the parties, their successors and assigns.
5. This Agreement will be construed in accordance with the laws of Florida.
Venue for any action under this Agreement is in Collier County.
6. This Agreement is the entire Agreement between the parties and may not be
modified except by written instrument executed with the same formality.
ove, this Agreement is executed by the parties.
B & B CASH GROCERY STORES, INC.
BY' ~~,&-vr/F
J. An rew Bever, Jr. .
President
Witness
~
Printed Name
2
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
17A
The fore ing Hol Harmless Agreement was acknowledged before me this
~ 'I day of . " , 2008 by J. Andrew Bever, Jr., as President of B
& B Cash Groce! Stores, Inc., a Florida corporation, on behalf of the corporation.
He/she is personally known to me.
-
..m....~~""" GRIZELLE ALOEA
l~'" ~~ Notary Public . State of Florida
\. . i My CommIsIlon Expires Jun 19. 2011 ~
~~~ zgl Commission #I DO 643064 .
~ "'1"Yr.r..~'" Bonded ThIOugh NIIlonlIl NoIa'y Assn. ·
ATTEST:,
<
:,,,.;
" ' CLERK
By: ~ler~~ 1\).( .
. II .. Ctti rJ..,. ,
.t~ _1..
", . . .
STATE OF FLORIDA
COUNTY OF COLLIER
. ~f4- a<-c-~~
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Printed Name:
My Commission Expires:
APPROVED AS TO FORM:
1\ . } r .
By: ..~}~.--7 .lAJ .,L-___
Office of County Attorney
The foregoing Hold Hannles~~eement was acknowledged before me this
;:l1/1, day }/tf · (;;!1Fnzb'f"!'fih' 2008 by
I Grn f1n 1')1 h , as /a,v-vn.4rv
of the Board of County Commissio s of Collier County, Flonda on behalf of the
County. He is personally known to me.
Item# ~
~~~~da 6-13 --n g
Date n....~ -/'\ q
Rec'd -L:ALUO
~~
Notary Publ
Printed Name:
My Commission Expires:
3
~~,.. CAROLYN SUE FILSON
tQ: . '.':: IJYCOMMISSION#DD748730
'. ......:)'f '.. r:XP!RES: April 28, 2012
41t.f.,'; . !~1.tn'Jt1tJ rhru Notaty Public Ul1defwriters
178
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
......--.............................................................................................
Originating Deptl Div: Comm.Dev.Serv./Planning Person:
John-David Moss, Alep
Date:
cgJ5
Petition No. (If none, give brief description): V A~2008-AR.12951, Dubow Variance
Petitioner: (Name & Address): Irvine & Lillian Dubow, 5901 Almaden Drive, Naples, FL 34119-4628
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before Bee
BZA
Other
Requested Hearing date
Mav 13. 2008
Based on advertisement appearin@ays befnre hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text (Include: legal description & common location & Size: Petition: V A-2008-AR-12951. Irvine Dubow. requesting
a lO.7-foot Variance from the required 15.foot front yard setback of the Vineyards pun, to allow a 4.3.foot setback in order to
rebuild a pool cage that was destroyed by Hurricane Wilma. The subject property is located at 3901 Almaden Drive in Section
g, Township 49 S, Range 26 E. Collier County, Florida
Companion petitlon(s), if any & proposed hearing date'
Does Petition Fee include advertising cost? Yes
PO Number 4500085418
No If Yes, what account should be charged tor advertising costs:
Re....iewed by:
~ J L '-1'1'). ~ ofJ.dog
I1epartrnent Head Date . ,
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings befure Bee or BZA: Initiating persoD 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 reque.it for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager ai:enda file: 10
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 OFFI':E ~~E ONLY:
Date Received: h~ Date ot Public hearing: 5 -13'Ol? Date Advertised: q-Z.l-o~
1 7 BU--
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RESOLUTION 08-
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLL[gR COUNTY, FLORIDA, RELATING TO
PETITION JSlJMBER V A-2008-AR-129SI, FOR A IO.7-FOOT
VARIANCE FROM THE REQUIRED IS.FOOT FRONT
YARD SETlIACK TO 4.3 FEET, FOR A CORNER LOT
LOCATED WITIllN THE VINEYARDS PLANNED UNIT
DEVELOPMENT ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS. the Legislature of the State of Florida in Chapler 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 COU:lty pursuant thereto has adopted a Land Development Code (IDe)
(Ordinance No. 2004-41. as unended) which establishes regulations for the zoning of particular
geographjc divisions of the C onnty, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said
r
regulations made and provided, and has considered the advisability of a 1O.7-foot variance from
the required 15-foot front yard setback to 4.3 feet, for a comer lot located in the Vineyards
Planned Unit Development ,IS shown on the attached plot plan, Exhibit A, and has found as a
matter of fact that satisfact.ory 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 inteI1~ted parties have been given opportunity to be heard by this Board
in public meeting assembled, and the Board having considered all matters presented.
NOW. TIffiREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COu.IER COUNTY. ~1.0RIDA. that
Petition V A-2008-AR-12951, filed by Irvine Dubow with respect to the property located
at 5901 Almaden Drive, Naples, Florida, further hereinafter described as:
Lot 26, Sonoma I....ake Unit I, a subdivision as recorded in Plat Book 16, Pages 13-
14 afthe public records of Collier County, Rorida
be and the same hereby is approved for a 10.7-foot variance from the required 15-foot front yard
setback to 4.3 feet as shown on the attached plot plan attached as Exhibit A. of the zoning district
wherein said property is loca:ed.
Page 1 of2
17 B ,H~
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2008-AR-12951 be recordec. in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this _ day of
.2008.
ATIEST:
DWIGHT E. BROCK. CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
. Dc::,puty Clerk
By:
TOM HENNING. CHAIRMAN
Approved as to form
..." and legal sufficiency:
1IIlIIII, / '.1t'
.l4l. Jeft\e~ A. Klalzkow
I) - Chie'flAssistant County Attc,mey
Page 2 of2
178
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April 14, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: V A-2008 AR-12951: Dubow Variance
Dear Legals:
Please advertise the above referenced notice on Sunday, April 27, 2008 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O./Account #4500085418
178
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, May 13,
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-2008-AR-
12951, FOR A 10.7- FOOT VARIANCE FROM THE REQUIRED 15-FOOT
FRONT YARD SETBACK TO 4.3 FEET, FOR A CORNER LOT LOCATED
WITHIN THE VINEYARDS PLANNED UNIT DEVELOPMENT ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA.
Petition: VA-2008-AR-12951, Irvine Dubow, requesting a 10.7-foot
Variance from the required IS-foot front yard setback of the
Vineyards PUD, to allow a 4.3-foot setback in order to rebuild a
pool cage that was destroyed by Hurricane Wilma. The subject
property is located at 5901 Almaden Drive in Section 8, Township
49 S, Range 26 E, 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 S 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
17B
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: Ann Jennejohn, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
-t:oupty of C<ll1ier
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY (WURT,OUSE
3301 TAMIAMI 1(~IL EAST
P.O. BOt 413044,
NAPLES, FLORIDA'~~101-30~4
.,
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178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 14, 2008
Irvine & Lillian Dubow
5901 Almaden Drive
Naples, FL 34119-4628
Re: Notice of Public Hearing to Consider Petition
VA-2008-AR-12951; Dubow Variance
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 13, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, April 27, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
(luu.
.0.(. .
Enclosure
Phone- (239) 732-2646
Website- www.cIerk.collier.fl.us
Fax- (239) 775-2755
Email-colliercIerk(a)cIerk.collier.fl.us
178
,;.;("j
. "'1
Ann P. Jennejohn
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday, April 14, 2008 3:02 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT69752.txt; VA-2008-AR-12951 Dubow Variance
I~.'..l
u:J
r:--,l
L:...J
ATT69752.txt (229 VA-200B-AR-12951
B) Dubow Varianc...
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
V A-2008-AR-12951 Dubow Variance
Ann P. Jennejohn
17 ffage 1 Of}!
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Monday, April 14. 2008 3:48 PM
To: Ann P. Jennejohn
Subject: RE: VA-2008-AR-12951 Dubow Variance
OK
From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com]
Posted At: Monday, April 14, 2008 3:02 PM
Posted To: Legals - NON
Conversation: VA-2008-AR-12951 Dubow Variance
Subject: VA-2008-AR-12951 Dubow Variance
Please advertise the attached
on Sunday. April 27,2008.
Thank you,
<<VA-2008-AR-12951.doc>>
Ann J ennejohn
Senior Clerk to the Board
Minutes & Records Department
252-8406
(ann.jennejohn@co II ierclerk.com)
4/14/2008
<<V A-2008-AR-12951 .doc>>
Th.Th,
NAPLES DAILY NEWS
Publislied Dad,
Naples, FL 3-1102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority. personally
appeared B. Lamb, who on oath says that they
serve as the Assistanl Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida: distributed in Collier and Lee counties of Florida: that
the attached copy of the ad\'cI1ising. being a
PUBLIC NOTICE
m the mailer of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
On Aoril 27']" 2008
.\tlianl further sa-vs thallh.: said Naples Daily :\cws is a ncwspap..::r
Published at :\apks. in .;ollicr coun!:-,', ]-Iorida and thallhc said
11('\\ spap..;[" has hcrdot'lfC been ((ltltinuollsly published in said Collier
('ount\'. ]'!orida: distrihuted ill CI)lIicr and I,cc counties of Florida.
c;l<:h d;j\ and has been enkn:u as second class mail nlall<:r at the post
,)Hi..:<.' in \apks. in said Colli..::r County. Florida. 1"11' a p.:;riod of ]
\'..::ar 11..::.\:t pr..::c..::dillg the firsl pllhlicatioll ofLh..:: atta..:h..::d ..:opy of
<l,h-"::11is..::rnenL and alTiant furth..:r says that h~' has Jwith..::r paid nor
J11ol1lis..::d any p..:rSOIL lirm or ;;orporalillll ,un' dis":<lullL r..:bak.
;';OlT1l1li<;<;j'lll or r.::fulld I'llI' 111..:: pll'l10S":: of s...:curing this ad\'.::r1iscm..::nl for
1","1i,,,[;00;0 [;1:' """pap'
( Signature of affiant)
S\\"orn to and subscribed berore me
Th[s 27'" Dm Of April 2008
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLId. 7 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, andlor information needed. If the document is already complete with the
ex tion of the Chainnan's si sture, draw a line throll routin lines # I thrall #4, com Jete the checklist, and forward to Sue Filson (line #5 .
Route to Addressee(s) Initials Date
List in routin order
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 stafffor 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
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
1.
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
Phone Number
Agenda Item Number
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office 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.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be a are 0 r deadlines!
6. The doeument was approved by the BCC on nter date) and all changes
made during the meeting have been incorporat in t e attached document. The
Count Attorne 's Office has reviewed the chan es if a licable.
5J.\{ 0
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17B
RESOLUTION 08- 137
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, RELATING TO
PETITION NUMBER V A-2008-AR-129S1, FOR A 10.7-FOOT
V ARIANCE FROM THE REQUIRED IS-FOOT FRONT
YARD SETBACK TO 4.3 FEET, FOR A CORNER LOT
LOCATED WITHIN THE VINEYARDS PLANNED UNIT
DEVELOPMENT ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 12S, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of a 10.7-foot variance from
the required IS-foot front yard setback to 4.3 feet, for a corner lot located in the Vineyards
Planned Unit Development as shown on the attached plot plan, Exhibit A, and has found as a
matter of fact that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Section 9.04.00 of the
Zoning Regulations of said Land Development Code for the unincorporated area of Collier
County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled, and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that
Petition V A-2008-AR-129SI, filed by Irvine Dubow with respect to the property located
at S90 I Almaden Drive, Naples, Florida, further hereinafter described as:
Lot 26, Sonoma Lake Unit 1, a subdivision as recorded in Plat Book 16, Pages 13-
14 of the public records of Collier County, Florida.
be and the same hereby is approved for a 10.7-foot variance from the required IS-foot front yard
setback to 4.3 feet as shown on the attached plot plan attached as Exhibit A, of the zoning district
wherein said property is located.
Page I of 2
178 ..,.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2008-AR-1295! be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this ~day of
~,2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
TOM
1",1
,.
Approved ilPo form
and legal sufficiency:
t..n Jef e A. Klatzkow
U - Chie f\ssistant County Attorney
Ilem # Ll.f:L.-
Agenda~-,~ ~
Date -.J..:l.2,:l.)I)
Dat~ 5 -15 0[/6
Reed -
Page 2 of 2
178
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Lelal Advertisement Other:
(Display Adv.,locatior, etc.)
...........................................................*......*..*.**...*;~~~..*......*.....
Onglnating Depll DIV Camm Dev Serv /Plannmg Person Melissa Zone Date /"f' C' Y
Petition No. (If none, give brief description): HD-2008-AR-12980. 11'5 rill and Gallery
Petitioner: (Name & P.ddress): Steve and Patricia HuH, 238 Mamie
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before Bee
BZA
Other
Requesled Hearing dat:: Mav 13. 2008 Based on advertisement appearineyS belore hearing.
Newspaper(s) to be us(:d: (Complete only if important):
XXX Naples Daily N,.ws
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: HD-2008-AR-12980. Patricia and Steve Huff
request a Historic Designation for property located at 238 Mamie Street for building known as JT's Island Grill and Gallery.
Subject property is loclted on the east side of Mamie Street in Section 36, Township 53, Range 29, Chokoloskee, 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:
~j' JM Yn.~ '//9/oD
epartment Head Date 'J
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: Initiating person to complete one tOpy and obtain Division Head approval
before submitting to County Mana~er. 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
Managerls office will distribute copies:
County Manager ftgenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: bitiating Division head to approve and submit original to C1erkls Office, retaining a copy for file.
~..*....**......*..*...***..**......**..**.**..**...**....**.....................*.*.....*..,*.......
FOR CLERK'S OFFICE USIf ONLY:
Date Received: ~~Date of Pub lie hearing: S ---(3 ~(j Date Advertised: ~
c ."
RESOLlITIONNO.08-_
A RESOLUTION DESIGNATING THE
PROPERTY COMMONLY KNOWN AS IT'S
ISLAND GRILL AND GALLERY. AND
DESCRIBED IN THE ATTACHED EXHIBIT
"A". AS A HISTORICALLY SIGNIFICANT
SITE. PURSUANT TO THE COLLIER COUNrY
HISTORIC AND ARCHAEOWGICAL
PRESERVATION REGULATIONS AS
PROVIDED FOR IN THE COLLIER COUNrY
LAND DEVELOPMENT CODE.
\VHEREAS, the Board of County Commissioners of Collier County adopted
Ordinance No. 91-70, the Historical and Archaeological Preservation Ordinance. on
August 7. 1991, and subsequently incorporated this Ordinance into Section 2.03.07.E..
Collier County Land Development Code, Ordinance No, 04.41; and
WHEREAS, the Board of County Commissioners of Collier County seeks to
recognize the importance and significance of Collier County's historical heritage, and to
this end has enacted refulations to protect, preserve, and perpetuate Collier County's
historic and archaeological sites, districts, structures, buildings and properties; and
WHEREAS, Section 2.03.07.E., Land Development Code, provides for
official designation of particular sites as historically significant and Section 2.03.07.8.
provides regulations to maintain the historic character of officially designated properties;
and
WHEREAS, the Collier County Historic and Archaeological Preservation
Board reviewed and considered the historic designation of IT's Island Grill and Gallery at
a public meeting held for ~at purpose:; and
WHEREAS, the Preservation Board voted to nominate IT's Island Grill and
Gallery to the Board of Connty Commissioners for official designation in recognition of
the importance and significance of this site in the COW1ty'S historical heritage; and
WHEREAS, the Preservation Board hereby forwards said nomination to the
Board of County Commis:;.ioners.
NOW, THEREFORE. BE IT RESOLVED BY The Board of County
Commissioners oreollier County, Florida, that:
In recognition of its important and significant place in the historical heritage
of Collier County and South Florida, the property commonly known as JT's Island Grill
and Gallery and legally dtSeribed in the attached Exhibil "A". is hereby designated as an
historic site.
17 C~"
"
BE IT FURTHER RESOLVED that JT's Island Grill and Gallery shall
hereafter be subject to the Historic and Archaeological Preservations Regulations of the
Land Development Cod" as they pertain 10 historically designated property. including all
applicable incentives and restrictions.
This Resolution adopted after motion, second and majority vote.
Done this __day of
.2008.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
DWIGHT E. BROCK. CLERK
BY:
TOM HENNING. CHAIRMAN
Approved as to Fonn
and Legal Sufficiency:
HD-lOO8-AR-129801MZlsp
'.
-'
EXHIBIT "A"
Commencing ;.t tho BE oome or tho NE 1'4 or tho NE 1/4 or Soclion 3e, TOW11Shlp 53 Sou1h, Rango 29
Ealll, Nn N 89'32" Walong South 100 of LotS of Smollwood'. Subdivision as recordod In Plat Book 1,
~g. 27. of th.) Public ReCOrd ofCotller County', Florida. ad1&tanoe at 290 feet more or lass to a 1-1/4"
roo pipe: said pipe being the com... of Lot 4, 5. 6 and 8 of Smallwood's SUbcUvlalon, thence
conti~ N 89"32' Wiof' 27. feet mora or fa. to an iron pipe, thence oonti'lue N BG-'2' Watong the
North Rne of uld Lot 8 a distil ce of 278.1~ feet to a conorEtte monutl"'l6nt being set on the Easterly right of
woy 010 pubU, County Road, S 12'32'04' Walong said right-of-way 0 distanco of 50.00 Ieol to an
Iron pin and PX1t of Beglnnin : thence continUe S 12.32'()4. W ak)ng said road right-Qf-way . d1atano! of
SO.OOIMl',,,,n Iron pin, then S 89'52'25" E 0 dIstanca 01128.59 Ieelto ""Iron pin, N 17'14' Eo
dlotancO or 50,77"'" to an' n pin,thonoo N 89'42'30' Wad1olanco 01133. 161eol to o Iron pin on tho
Easterly rlght.of-way 01 said nty Roa<l and boIng Iho PoInt of B"lIlnnlng;
Commencing altho NE COmO oIlho SE 1/4 of tho NE 1'4 oISecdon 36. To_lp 53 Sotrth, Ronge 29
East. CoIIi&r County, Florida, ChokokM:kee .rId run N 89-32' W slang the SOuth "ne of Lot 5 of
Smallwood's l;ubdlvlldon of S .36. Townlhlp 53 SOuth. Range 29 East, a dlStar\Cd of 289.00 feet. to a
1.1'4' iron pI~e; said pipo bel \he oonvnon comor 01 LDIs 4, 5, 8 and 8 or Smallwood'. Subdivision of
Section .e, T,lWQlhlP S3 SOu h, Rango 29 East. Collier County, thence COll~nUOl N 89'32' W lor 27.22 feel
to en iron pfpo, said pipe beli'l the NEcomer ofth" North 1..112 &era, of the North 4-1/2 acres of Lot 8 of
Smallwood's :>utxtlvislon of S 36. Town.hlp S3 South. Range 29 East on Chokotoskee, Collier
Countt, Florida;
Thence continue N S~"32' W
said pin belf\s the Point of
distance of 1~~r.73 feel to a
Northwest corner of said Lot
12.32'04" Walong said road
distance of 1:13.18 feet to an
Point gf Beginning.
long the North line of aforesaid Lot e a distance of 140.46 feet 10 an Iron pin,
inningj thence continue N 89"32' W 810ng the Norttlllne of aforesaid Lot 8 a
Ie monumenl said monument being 25.69 feet S 89"30'56" E of the
and set on the easterly right-ot..way of. public County Road, thence S
ht-of.wlIY a distance of 50.00 feet to an iron pin, thence 5 89....2'30" E a
pin. thence N 171041' E a distance of SO.77 feet to an Iron pin, being the
I
I
I
I
I
i
I
17C
17C '~"
April 14, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: HD-2008-AR-12980: JT's Island Grill and Gallery
Dear Legals:
Please advertise the above referenced notice on Sunday, April 27, 2008 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O.lAccount # 131-138326-649100
17C l~
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, May 13, 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
Resolution. The meeting will commence at 9:00 A.M. The title of the
proposed Resolution is as follows:
A RESOLUTION DESIGNATING THE PROPERTY COMMONLY KNOWN AS JT'S ISLAND
GRILL AND GALLERY, AND DESCRIBED IN THE ATTACHED EXHIBIT "A", AS A
HISTORICALLY SIGNIFICANT SITE, PURSUANT TO THE COLLIER COUNTY
HISTORIC AND ARCHEOLOGICAL PRESERVATION REGULATIONS AS PROVIDED FOR
IN THE COLLIER COUNTY LAND DEVELOPMENT CODE.
Petition HD-2008-AR-12980, Patricia and Steve Huff request a Historic
Designation for property located at 238 Mamie Street for building
known as JT's Island Grill and Gallery. Subject property is located
on the east side of Mamie Street in Section 36, Township 53, Range
29, Chokoloskee, 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 Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
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
17C
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: Ann Jennejohn, Deputy Clerk
(Seal)
April 14, 2008
f:ounty pf Collier
\~-^
CLERK OF THE CIRCU!T COURT
COLLIER COUNTY COURT~OUSE
3301 TAMIAMI1\\lAIL EAST
P.O. BOX413044,
NAPLES, FLORIDA {~101.30~4
...
17C
Dwight E. Brock
Clerk of C Durts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Steve and Patricia Huff
238 Mamie Street
Chokoloskee, FL 34138
Re: Petition HD-2008-AR-12980: JT's Island Grill and Gallery
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 13, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, April 27, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Lhut ~{J~.
Ann Jennejohii, Deputy Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.collier.fl.us
Fax-(239) 775-2755
Email- collierclerk(a;c1erk.collier.fl.us
17C
Ann P. Jennejohn
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday, April 14, 2008 4:53 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT72282.txt; HD-2008-AR-12980 JT's Island Grill and Gallery
[j
~~-.:C:Cl
~
ATT72282.txt (229 HD.2008.AR-12980
B) JTs Island G... h II d I' f
T is is an automatica y generate De Ivery Status Noti ication.
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
HD-2008-AR-12980 JT's Island Grill and Gallery
17C
Page 1 of 1
Ann P. Jennejohn
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Tuesday, April 15, 2008 9:01 AM
To; Ann P. Jennejohn
Subject: RE: HO-2008-AR-12980 J1's Island Grill and Gallery
OK
From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk,com]
Posted At: Monday, April 14, 2008 4:53 PM
Posted To: Legals - NON
Conversation: HO-2008-AR-12980 J1's Island Grill and Gallery
Subject: HO-2008-AR-12980 J1's Island Grill and Gallery
Please advertise the attached on Sunday, April 27, 2008.
Thank you,
<<HO-2008-AR-12980.doc>>
<<HO-2008-AR-12980.doc>>
Ann J ennejohn
Senior Clerk to the Board
Minutes & Records Department
252-8406
(ann.jennejohn@co II ierclerk.com)
4/15/2008
Th.Th,
NAPLES DAILY :'IIEWS
Published Daih
Naples. FL ]-11112
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they sene as the authority. personally
appeared .s. Lamb, who on oath says that they
serve as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at '!\lapks. in Collier County,
Florida: distributed in Collier and Lee counties of Florida: that
the alt<lchcd copy of the ad,'crtising. being a
~UJll~I('l'OTlrE
111 the lI1aller of PuBLIC NOTICE
was published ill said newspaper 1 time in the issue
()n April 27'''- 20Q.~
\fJiant rurth~r <;a~'s that th~' said \apks Daily News is a n~wsrap.:r
Published al 0iapl..:s. in collier counly. Florida and that Ih..:: said
newspaper has hc:rdofor..:: k:cll continuously puhlished in said Collier
(ilUllt\. FI'lrida: di~tribllt<.:d in Collin and L..:..: L'ounli..:s of nmida,
L'.kh eli!\ and ha~ n..:c;n <.:ntLr..:d a~ ~..:..:()nd (Ias~ mail tnJII..:r <11 th..: po~1
()IIi,',; in '\ark~. in said C'llli"'l Counl\. Florida. for a p":liod of 1
\..:ar n..::\1 rn:<.'cdil1g Ih..: firsl ]lllhli<.'alinn oflh<: alladwd (np\ of
J(h'..:r1i~..:nlc:nl: and aftiant tllrlhc;r say" that IlL' ha.~ nc:ilh..:r paid llm
l'l'Lllllis..:u all\ r..:rSOl1. firm or ":(lrporatioll ,ll1\ dis!2ounL rdlal..:
L(ltl1Il1;~si"n or rL'i'und I;lr \h..: purp"s..: n]"s,,:cllring this .\(hL'rlis<:lll..:nt for
l",bl,,,"OO 71 "u~'~_~
( Signature of affiant)
Sworn to and subscribed before me
This 27'''- Dav Of April 20118
~_()I.l~o.~
(Sig~~rc of n ' . publi~)
FE! 5<)_1578327
r~UDYJANES
",;.t\'.f}'~',. ,/
./~\' ,A, "'~:'" CommiSSion OD 675029
;.~, Iiilt ,:,,i Expires May 16, 2011
\~",:" ,. 19
-
17C
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1"'1 on Tuesdey, Mey
i'. 2008,. In thelloArd.
rtom, 3rd FJoor, AdmJn-
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NOTE: .AU ~,~.
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b. 11m ted to 5 minutes
o en. 1te", The .e'ec.
ti n of.an lnd.lvldueJ to
Slleak on behalf of an
olllanlzatlon or' group Is
el)courag,ed. If ree::og.
nlUd..py.the,Chalrman.
a spokesperson for a
gro~~.. ~.."~n~
::i.,to;. ,,}.:~an
Item.. '-.,
~~
~!nlngel~
t;;;:t... may need to
IHI that a verbattm
rd. o.f the proceed.
I'- "II made. which re-
c .lftcludes the. testl-
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, ~Ich the appeal
.. eu.
It*~u'are a ~l'IOnwtth
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLId? C
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J.
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only !!flu the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si ature, draw a line throu rontin lines #1 thrall #4, com Jete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
List in rootin order
1.
1'\
5JuIJor
PRIMARY CONT ACT INFORMATION
(The primal)' 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 statffor additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the Bec office only after the Bee has acted to approve the
2.
item.)
Name of Primary Staff Melissa Zone, Principal Planner Phone Number 252-2958
Contact
Agenda Date Item was 5/13/08 Agenda Item Number 17C
Approved bv the BCC
Type of Document Resolution Number of Original I
Attached Documents Attached
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
Yes
(Initial)
N/A (Not
A licable)
6. Minutes and Records
Clerk of Court's Office
N/A
/V)t
I: Formsl County Forms! Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and 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 ture and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on -" (enter date) and all changes
made duriug 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.
17C
RESOLUTION NO. 08_138
A RESOLUTION DESIGNATING THE
PROPERTY COMMONLY KNOWN AS JT'S
ISLAND GRILL AND GALLERY, AND
DESCRIBED IN THE ATTACHED EXHIBIT
"A", AS A HISTORICALLY SIGNIFICANT
SITE, PURSUANT TO THE COLLIER COUNTY
HISTORIC AND ARCHAEOLOGICAL
PRESERVATION REGULATIONS AS
PROVIDED FOR IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE.
WHEREAS, the Board of County Commissioners of Collier County adopted
Ordinance No. 91-70, the Historical and Archaeological Preservation Ordinance, on
August 7, 1991, and subsequently incorporated this Ordinance into Section 2.03.07.E.,
Collier County Land Development Code, Ordinance No. 04-41; and
WHEREAS, the Board of County Commissioners of Collier County seeks to
recognize the importance and significance of Collier County's historical heritage, and to
this end has enacted regulations to protect, preserve, and perpetuate Collier County's
historic and archaeological sites, districts, structures, buildings and properties; and
WHEREAS, Section 2.03.07.E., Land Development Code, provides for
official designation of particular sites as historically significant and Section 2.03.07.E.
provides regulations to maintain the historic character of officially designated properties;
and
WHEREAS, the Collier County Historic and Archaeological Preservation
Board reviewed and considered the historic designation of JT's Island Grill and Gallery at
a public meeting held for that purpose; and
WHEREAS, the Preservation Board voted to nominate JT's Island Grill and
Gallery to the Board of County Commissioners for official designation in recognition of
the importance and significance of this site in the County's historical heritage; and
WHEREAS, the Preservation Board hereby forwards said nomination to the
Board of County Commissioners.
NOW, THEREFORE, BE IT RESOLVED BY The Board of County
Commissioners of Collier County, Florida, that:
In recognition of its important and significant place in the historical heritage
of Collier County and South Florida, the property commonly known as JT's Island Grill
and Gallery and legally described in the attached Exhibit "A", is hereby designated as an
historic site.
17C I,
BE IT FURTHER RESOLVED that JT's Island Grill and Gallery shall
hereafter be subject to the Historic and Archaeological Preservations Regulations of the
Land Development Code as they pertain to historically designated property, including all
applicable incentives and restrictions.
This Resolution adopted after motion, second and majority vote.
Done this / S ~ day of
.G.
rr1 rr ,2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER ~TY, F IDA.
BY: :J'fJL-
TOM HENNING, CHAIRMAN
ATTEST:".,. "
~ '1 .
. "
. IGHT E. BR K; LERK
Attt,t II ~. ,gIi, ".'. .
~"""'aoIft"onn
and Legal:-SuffiCieticy:
HO.2008-AR-12980!MZlsp
Item # ..t:::lCL.
Agenda '5 -r'l:i)
Dale
Date 5-15~
Rec'd U
/
17C
~4'
EXHIBIT "A"
Commencing at the BE come of the NE 1/4 of the NE 1/4 of Section 36, Township 53 South, Range 29
Eas~ run N 89'32' W along th South line of Lot 5 of Smallwood's Subdivision as recorded in Plat Book 1,
page 27, of the Public Record oreallier County, Florida, 8 distance at 290 feet more or less to a 1~1/4"
iron pipe; said pipe being the ommon comer of Lot 4, 5. 6 and 8 of Smallwood's Subdivision, thence
continue N 89"32' W for 27. feet more or less to an iron pipe, thence continue N 89<>32' W along the
North line of said Lot 8 a dista ce of 278.1 9 feet to a concrete monument being set on the Easterly right of
way of a public County Road, enca S 12'32'04" W along aaid right-of-way a distance of 50.00 feel to an
iron pin and Point of Beginn!n : thence continue 5 12"32'04" Walong said road right-of-way a distance of
50.00 foet to an Iron pin. then S 89.52'25' E a distance of 128.59 feet to an iron pin, N 17'14' E a
distance of 50.77 feet to an i n pin, thence N 89142'30" W a distance of 133.16 feet to a iron pin on the
Easterly right-of-way of said ounty Road and being the Point of Beginning;
Commencing at the NE come of the SE 1/4 of the NE 1/4 of Section 36, Township 53 South, Range 29
East, Collier County, Florida, n Chokoloskee and run N 69"32' W along the South line of Lot 5 of
Smallwood's SUbdiVision of S tion .36, Township 53 South. Range 29 East, a distance of 289.00 feet to a
1-1/4" iron pipe; said pipe bel 9 the common comer of lots 4,5,6 and 8 of Smallwood's Subdivision of
Section 3$, Townahlp 53 Sou h, Range 29 Eas~ Collier County, thence continue N 89'32' W for 27.22 feet
to an iron pipe, said pipe bein the NE corner of the North 1-11;1 acres of the North 4-112 acres of Lot B of
Smaltwood's Subdivision of 5 on 36. Township 53 South, Range 29 East on ChokoloEikee, Collie(
County, Florid;,;
Thence continue N 89"32' W long the North line of aforesaid lot 8 a distanca of 14Q.46 feet to an iron pin,
saki pin being the Point of B inning; thence continue N 89"32' Walong the North line of aforesaid Lot 8 a
distance of 137.73 feet to a c crete monument &aid monument being 25.69 feet S 89"30'56" E of the
Northwest comer of said Lot and set on the Easterly right-of-way of CJ public County Road, thence S
1~"32'04" W along said road ight-of-way i) distance of 50.00 feet to an iron pin, thence S 89"42'30" E a
dIstance of 133.16 feet to an ron pin. thence N 17041' E a distance of 50.77 feet to an iron pin being the
Point of Beginning. '
.
170 !~
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the (()lIowing as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.)
...........................**..........................*..*...**.*.**.***.~~*~:*~..***...***..
Originating Dept/ Div: Comm.Dev.Serv.fPlanning Person: Melissa Zone ~ate: t'-:/, 0/ ~ ~
Petition No. (If none, give brief description): HD~2008-AR.12981, Fran~ge Community Center
Petitioner: (Name &. Address): Everglades Society For Historical Preservation, Patricia Huff, President, P.O. Box 46,
Everglades City, FL 34139
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Frances
Hodge Community Center Estate, Helen Bryan, Acting Exect, 210 Turnstile Dr., Copeland, FL
Hearing before Bee
BZA
Other
Requested Hearing date:
Mav 13.2008
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be uSl:d: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (lncluje legal description & common location & Size: Petition: HD-2008-AR~ 12981. Everglades Society for
Historical Preservation is requesting a Historical Designation for property located at 210 Turnstile Drive for building known
as Frances Hodge Cc)mmunity Center. Subject property is located on the~ side of Tumstil~ Drivc in Section 13,
Township 52, Range 21, Copeland, Florida. ~~ CfU Q.(l\~ I)
Companion petition(s). if any & proposed hearing date:
Does Petition Fee incllldeadvertising cost? Yes
131-138326-649100
No It Yes, what account should be charged for advertising costs:
R=:'-n1.~ 4l~/o~
-f>epartment Head Date' .
Approved by:
COIlnty Manager
Date
List Attachments:
DISTRIBt:TION 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 requ,~t for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager acenda file: to
Requesting Divi5ion
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original 10 Clerk's Office, retaining a copy tor file.
*****...**********-**...***....*******..*.*.*.****.*.*.****.**.***.*.***.************..*.**....*.*
FOR CLERK'S OFFICE ~E ONLY:
Date Received:4-6 -0 Date of Public hearing: 5 i 3' fi, Date Advertised: LJ-ll--o<6
17D
RESOLUTION NO. 2008-__
A F.ESOLUTION DESIGNATING THE HEREIN
DESCRIBED PROPERTY, COMMONLY KNOWN AS
FRANCES HODGE COMMUNITY CENTER, AS A
IllSTORICALL Y SIGNIFICANT SITE, PURSUANT TO
THE COLLIER COUNTY IllSTORIC AND
ARCHAEOLOGICAL PRESERVATION
REGULATIONS AS PROVIDED FOR IN SECTION
2.03.07.E. OF THE COLLIER COUNTY LAND
DEVELOPMHiT CODE.
WHEREAS, the Board of County Commissioners of Collier County adopted
Ordinance No. 91-70, lhe Historical and Archaeological Preservation Ordinance. on
August 7, 1991, and suhsequently incorporated this Ordinance into Section 2.03.07.E.,
Conier County Land Dc\elopment Code, Ordinance No. 04-41; and
WHEREAS, Ihe Board of County Commissioners of Collier County seeks to
recognize the importanc(: and significance of Collier County's historical heritage, and to
this end has enacted regulations to protect, preserve, and perpetuate Collier Counly's
historic and archaeologic,ll sites, districts, structures, buildings and properties; and
WHEREAS, Section 2.03.07.E., Land Development Code, provides for
official designation of particular sites as historically significant and Section 2.03.07.E.
provides regulations to maintain the historic character of officially designated properties;
and
WHEREAS, rhe Collier County Historic and Archaeological Preservation
Board reviewed and comidered the historic designation of Frances Hodge Community
Center; and
WHEREAS, the Preservation Board voted to nominate Frances Hodge
Community Center to th~ Board of County Commissioners for official designation in
recognition of the distinctive elements of the cultural, social, ethnic, religious, and,
architectural history that have contributed to the pattern of history in the conu11lmity, the
COWlty, the State ofFlori((a; and
WHEREAS, the Preservation Board hereby forwards said nomination to the
Board of County Commis ;ioners.
NOW, THEREFORE, BE IT RESOLVED BY The Board Of County
Commissioners areallier County, Florida, that:
In recognition of its important and significant place in the historical heritage
of Collier County and South Florida, the property commonly known as Frances Hodged
Community Center and legally described as:
17D
Parcel 62 lying in the East 12 of Section 13, Township 52 South
Range 29 Ea;~ Collier County, Florida, as described in Official
Records Book 3145, Page 139, of the Public Records ofeallier
County, FIor: da.
is hereby designated as an historic site.
BE IT FURTHER RESOLVED that Frances Hodge Community Center shall
hereafter be subject to the Historic and ArChaeological Preservations Regulations of the
Land Development Code as they pertain to historically designated property, including all
applicable incentives and restrictions.
This Resolutil}D adopted after motion, second and majority vote.
Donethis__dayof.
.2008.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
Approved as to Form
and Legal Sufficiency:
HD.2008-AR-1298IIMZlJp
Page 1 of 1
17D :l~
Patricia L. Morgan
From: RamirezHeather [HeatherRamirez@colliergov.net]
Sent: Monday, April 14, 2008 10:09 AM
To: Patricia L. Morgan
Cc: ZoneMelissa
Subject: HD-2008-AR-12981, Title Change
Attachments: HD-2008-AR-12981, Title.doc
Trish,
Here is that title change that 1 called you about. Thanks you so mueh for your help.
Ileather L. Ramirez
Planning ~Tcchnician
Z,)fling & I.and Development Rcvic\\
Ph: (239)-252-2930
Fax: (239)-252-6366
cmail: IleatherRamirez@collicrgov.ncl
.~. __ .~.,",...P ---"'---. ~.c._e _~~_,
~ .~. -~- ." "'_.---
4/14/2008
17 D I~'~
Petition: HD-2008-AR-12981. Everglades Society for Historical Preservation is
requesting a Historical Designation for property located at 210 Turnstile Drive for
building known as Frances Hodge Community Center, Subject property is located on
the south side of Turnstile Drive in Section 13, Township 52, Range 29, Copeland,
Florida.
April 15, 2008
:eoWlty-ofCoUier
\:.-", ,
CLERK OF THE CIRCU~T COURT
COLLIER COUNTY ctOURT~OUSE
3301 TAMIAMI ~\IL EAST
P.O. BO~413044,
NAPLES, FLORrDA 'r~ I 0 1-3044
..
17D ·
Dwight E_ Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Everglades Society for Historical Preservation
Patricia Huff, President
P.O. Box 46
Everglades City, FL 34139
He: Petition HD-2008-AR-12981: Frances Hodge Community Center
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 13, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, April 27, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK.
lliLu ~. D.C.
Ann JenneJ~hn, Beputy Clerk
Enclosure
----~-~." ----~---~..~, ._..._--,._-_.~---
Phone- (239) 732-2646
Web site- www.c1erk.collier.f1.us
Fax- (239) 775-2755
Email-collierclerklalclerk.colIier.f1.us
-----
April 15, 2008
emmty of Collier
,__
CLERK OF THE CIRCUJT COURT
COLLIER COUNTY COURT~OUSE
3301 TAMIAMI 1(RAIL Eh'iT
P.O. BOX 413044,
NAPLES, FLORIDA '!1101-30\,!4
* .
17D
.,
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Frances Hodge Community Center Estate
Helen Bryan, Acting Executor
210 Turnstile Drive
Copeland, FL 34137
Re: Petition HD-2008-AR-12981: Frances Hodge Community Center
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 13,2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, April 27, 2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
l).LtM .~fJ.e...
Ann Jennejomf! Deph(y Clerk
Enclosure
Phone- (239) 732-2646
Website- www.c1erk.colIier.tl.us
~'.'-~"-",---"~~---
Fax- (239) 775-2755
Email-colIierclerk(il)c1erk.colIier.tl.us
17D H
April 15, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: HD-2008-AR-12981: Frances Hodge Community Center
Dear Legals:
Please advertise the above referenced notice on Sunday, April 27, 2008 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you,
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O.JAccount # 131-138326-649100
17D i~
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, May 13, 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
Resolution. The meeting will commence at 9:00 A.M. The title of the
proposed Resolution is as follows:
A RESOLUTION DESIGNATING THE HEREIN DESCRIBED PROPERTY, COMMONLY
KNOWN AS FRANCES HODGE COMMUNITY CENTER, AS A HISTORICALLY
SIGNIFICANT SITE, PURSUANT TO THE COLLIER COUNTY HISTORIC AND
ARCHAEOLOGICAL PRESERVATION REGULATIONS AS PROVIDED FOR IN SECTION
2.03.07.E. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE.
Petition HD-2008-AR-12981, Everglades Society for Historical
Preservation is requesting a Historical Designation for property
located at 210 Turnstile Drive for building known as Frances Hodge
Community Center. Subject property is located on the south side of
Turnstile Drive in Section 13, Township 52, Range 29, Copeland,
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 Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
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
~-~----~_"--'-'_._",."_...,..~_...,._._-. -'-'~-"'--"~,---
17D !~
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: Ann Jennejohn, Deputy Clerk
(Seal)
. '''_''''''_'''~_'__.''_____''~"''~M'...,-___.___._._.
170 1'4
Ann P. Jennejohn
To:
Subject:
legals@naplesnews.com
HD-2008-AR-12981 Frances Hodge Community Center
Attachments:
HD-2008-AR-12981 .doc; HD-2008-AR-12981 .doc
Please advertise the attached on Sunday April 27,2008.
~
~
Thank you
HD-2008-AR-12981
.doc (24 KB)
HD-2008-AR-12981
.doc (25 KB)
Ann Jennejohn
Senior Clerk to the Board
Minutes & Records Department
252-8406
(ann.j ennejohn@collierclerk.com)
1
Ann P. Jennejohn
17D !~
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Tuesday, April 15, 2008 11:44 AM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT92804.txt; HD-2008-AR-12981 Frances Hodge Community Center
IT". ,'1
l'...J
r:-'I
L.::.J
ATT92804.txt (229 HD'2008-AR'12981
B) Frances Hodge... h II d D I' .
T is is an automatica y generate e Ivery 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
HD-2008-AR-12981 Frances Hodge Community Center
Page 1 of 1
Ann p, Jennejohn
17D
j
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Tuesday, April 15, 2008 1 :14 PM
To: Ann P. Jennejohn
Subject: RE: HD-2008-AR-12981 Frances Hodge Community Center
OK
From: Ann P. Jennejohn [mailto:AnnJennejohn@collierderk.com]
Posted At: Tuesday, April 15, 2008 11 :44 AM
Posted To: Legals - NDN
Conversation: HD-2008-AR-12981 Frances Hodge Community Center
Subject: HD-2008-AR-12981 Frances Hodge Community Center
Please advertise the attached on Sunday April 27,2008.
Thank you <<HD-2008-AR-12981.doc>>
<<HD-2008-AR-12981.doc>>
Ann J ennejohn
Senior Clerk to the Board
Minutes & Records Department
252-8406
(ann.jennej ohn@collierclerk.com)
4/15/2008
---""~.-
Th.Th.
NAPLES DAILY NEWS
Puhlished DaiJ~
~aplcs. FL 1~ 102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned the.' ser\'e as the authority', personally
:lppcnrcd EL.!-.J!mb. who on oatil says that they
SCI\C as the Assistant Corporate Secretary of the Naples Daily,
a daily newspaper published at Naples. in Collier County'.
Florida: distributed In Colher and Lee countIes of Florida: that
the attached copy of the advertising. being a
PI.J~leIC NOTIC~
in the matter of PUBLIC NOTICE
was published in said nc\\spapcr llilllc in the issue
On.AQI:il :1.7'~JIl()8
.\lrialllli.lrth~'r says that th..: said \'arks Daily :\<JWS is a neWSpap<2f
l'ublish.:d al Naples. in <.:011 i c:r ":ounly'_ Florida and that th<2 said
n~\\spap..;r has h..::rdofore h.:cn c,)minUollsly' publish.:d in said Collier
County, [:lorida: distributed in Collier and Lee counties otTlorida,
'::Jch da\' and has heen enl.:red as second dass mail matkr at the post
office in '.-aples. in said (\)Iher (\lunt:', Florida, for a period of ]
:v'ear n<':.'1 preceding th.: firs! publication oftl1<' attached copy 01
adwr!is....m'~nt; and :Jf1lant fur1her sayS that h" ha~ neither paid nor
promised an\' pers<m. 111'111 or corpl)ralJOll :m\ disctlun1. rebate,
L'otl1lllission Of rehllld for the purpos..: of sC'L'lIling Ihis ad\'Cl1isemcnl for
P"hl"'''''~' ~ 111."'::1__
( Signature of affianl)
Sworn 10 and subscribed before me
This 27'''- Day Of April 2008
"1"\~~---
Fr~1 .')\)-2."78327
-:-,~ ._-~
.<$\ir.'.'~" JUDY JANES
!~( A'Fi CommlSSiOtt DD 675029
<;f;~;t. Expires May 16. 2011
'',,'If,s;.'.'-' 3alOO1'1ln.'Trcvf"aillln6urlII'IO&iIOO-38s.7019
17D
Any pel'SOi'l who decIdes
to .peaJ is cl'ecJslon of
the BoaIQ will need are-
cord or the ...-Inos
pertaining thereto- and
therefore, may need to
enlure that a verbatim
r~ord of, the ~eed.
Ings Is made, Which reo
CQ.m Inclu.s . the. .t.stJ..
flY'. '.';.'Y,,=:~..
,jhe-,'.,c
~ll\\."~
eo L ~ eO ~:TV.",'
FLORIDA
TOM HENNI:NG, CHA'IR,~
MAN . . .,'
DWIGHTf:. BRoe,,',
CLERK _'~"
By: Ann JenneiOhn. "-.',
ufyClerk' ,":;;
(Silat)
ADr._~7 NO.1JiCU'U
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 D
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to 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
exce tion of the Chairman's si ature, draw a line throu routin lines # I throu #4 com Jete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Initials Date
List in routin order
1.
b~
11'\
5)1,/ Dr
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chainnan's signature are to be delivered to the Bee office only after the BCe has acted to approve the
item.)
Name of Primary Staff Melissa Zone, Principal Planner Phone Number 252-2958
Contact
Agenda Date Item was 5/13/08 Agenda Item Number 170
Approved bv the BCC
Type of Document Resolution 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 ro nate.
\. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the fmal ne otiated contract date whichever is a lieable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si alure and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approvaL
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be war of our deadlines!
6. The document was approved by the BCC 0 (enter date) and all changes
made during the meeting have been incorporate in the attached document, The
Coun Attorne 's Office has reviewed the chan es, if a Iicable.
N/A
l; Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
17D
RESOLUTION NO. 2008_139
A RESOLUTION DESIGNATING THE HEREIN DESCRIBED
PROPERTY, COMMONLY KNOWN AS THE BULA
MISSIONARY BAPTIST CHURCH OF COPELAND, NOW
KNOWN AS THE FRANCES HODGE COMMUNITY CENTER,
AS A HISTORICALLY SIGNIFICANT SITE, PURSUANT TO
THE COLLIER COUNTY HISTORIC AND
ARCHAEOLOGICAL PRESERVATION REGULATIONS AS
PROVIDED FOR IN SECTION 2.03.07.E. OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE.
WHEREAS, the Board of County Commissioners of Collier County adopted
Ordinance No. 91-70, the Historical and Archaeological Preservation Ordinance, on August 7,
1991, and subsequently incorporated this Ordinance into Section 2.03.07.E., Collier County
Land Development Code, Ordinance No. 04-41; and
WHEREAS, the Board of County Commissioners of Collier County seeks to
recognize the importance and significance of Collier County's historical heritage, and to this end
has enacted regulations to protect, preserve, and perpetuate Collier County's historic and
archaeological sites, districts, structures, buildings and properties; and
WHEREAS, Section 2.03.07.E., Land Development Code, provides for official
designation of particular sites as historically significant and Section 2.03.07.E. provides
regulations to maintain the historic character of officially designated properties; and
WHEREAS, the Collier County Historic and Archaeological Preservation Board
reviewed and considered the historic designation of the Bula Missionary Baptist Church of
Copeland, now known as the Frances Hodge Community Center; and
WHEREAS, the Preservation Board voted to nominate the Frances Hodge
Community Center to the Board of County Commissioners for official designation in recognition
of the distinctive elements of the cultural, social, ethnic, religious, and, architectural history that
have contributed to the pattern of history in the community, the County, the State of Florida; and
WHEREAS, the Preservation Board hereby forwards said nomination to the Board of
County Commissioners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
In recognition of its important and significant place in the historical heritage of
Collier County and South Florida, the property commonly known the Bula Missionary Baptist
Church of Copeland, now known as the as Frances Hodge Community Center and legally
described as:
Page lof2
17D
Parcel 62 lying in the East Y2 of Section 13, Township 52 South Range
29 East, Collier County, Florida, as described in Official Records Book
3145, Page 139, of the Public Records of Collier County, Florida.
is hereby designated as an historic site.
BE IT FURTHER RESOLVED that Frances Hodge Community Center shall
hereafter be subject to the Historic and Archaeological Preservations Regulations of the Land
Development Code as they pertain to historically designated property, including all applicable
incentives and restrictions.
ATTEST:
This Resolution adopted after motion, second and majority vote.
Done this 1301-lt day of 17111- ,2008.
BOARD OF COUNTY COMMISSIONERS
COLLlERC07TY,FL RillA .
BY: 1<A1
TOM HENNING, HAIRMAN
. t i~ {',
hA(b.~.(.
~T.f.&~~"aE,RK
IJ~s~orm
and Le,gal Sufficiency:
HD-2008-AR-129811MZJsp
Item #
Agenda
Date
Date
Rec'd
Deputy CIeri<
Page 2 of2
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
~F
, ,
'0.' \ ~
'1
To: Clerk to the Board:
x Nonnallegal Advertisement
(Display Adv.. location, etc.)
D Other:
**********************************************************************************************************
Originating Dept/ Div:OMB
Person: John Y onkosky
Date: 5/1/08
Petition No. (lfnone, give brief description): Nl>llce of Proposed Amen_nt to FY08 Adopted Budget
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (lfmore space is needed, attach separate sheet)
Hearing before: XX BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing at least 2 days before hearing.) Tuesday, May] 3,2008, Bee Regular
Meeting
Newspaper(s) to be used: (Complete only if important): (To appear in NDN Friday, May 9, 2008)
X Naples Daily News
D Other
D Legally Required
Proposed Text: (Include legal description & common location & Size): Notice of Public Hearing, Collier County, Florida proposes to
amend its Fiscal Year 2007-08 Adopted Budget.
Companion petition(s), ifany & proposed hearing date: NIA
/"
Does Petition Fee include advertising cost? X Yes D No If Yes, what account should be charged for advertising costs: OOI~O.
y ~ DoeR T1~
/Q
--5- J J C.>
5/1/08
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Administrator. 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 Administrator. The Administrator's office
will distribute copies:
D County Manager agenda file: to
Clerk's Office
D Requesting Division
D Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ~Pl_<J ~t ci
Date Received: ~ Date of Public hearing: _~.? 13/, Date Advertised:
s-/~ Jt,g
I
,
~\~
COUNTY OF COLLIER
NOTICE OF PUBLIC HEARING
COLLIER COUNTY, FLORIDA PROPOSES TO AMEND
ITS FISCAL YEAR 2007-08 ADOPTED BUDGET (FIRST QUARTER)
17F
'..
All interested parties are invited to attend a public hearing on this matter to be held on May 13, 2008 at 9:00 a.m. or soon
thereafter, in the County Commissioner's Boardroom, 3rd Floor, Collier County Government Center, W. Harmon Turner
Building, 3301 Tamiami Trail East, Naples, Florida.
A copy of the proposed Budget Amendment Resolution and background material will be available for public inspection on
weekdays between 8:00 a.m. and 5:00 p.m. at the Office of Management and Budget, 2nd Floor, W. Harmon Turner
Building.
A final decision on the amendments will be made at this meeting.
Listed below are the amendments to be considered and their purpose.
Board of County Commissioners
Collier County, Florida
Thomas Henning, Chairman
Dwight E. Brock, Clerk of Courts
Budget
Amend.
No.
08-145
Fund
No.
313
08-150
001
08-159
390
08-182
313
08-183
414
08-190
001
08-191
490
Change Fund
Fund Title Amount Total
Gas Tax Const Fund (Passed 1/15/08 - 16B5) $700,000 $192,026,031
Purpose: To appropriate funds for
capital improvements to bridges.
General Fund (Passed 10/9/07 - 16E4) $531 $391,353,426
Purpose: To recognize commission on
sales from the Book Fair.
Governmental Facilities Impact Fee $546,600 $88,256,037
(Passed 1/29/08 -- lOA)
Purpose: To recognize loan proceeds.
Gas Tax Const. (Passed 2/12/08 - 16B2) $88,000 $192,114,031
Purpose: To recognize funds transferred
from Fund 427 to be used towards installation
of sewer connection at the CAT facility.
Wastewater Capital Projects Fund $450,000 $53,388,677
(Passed 12/11/07 - lOG)
Purpose: To recognize carry forward to
cover work due to new regulatory constraints.
General Fund (Passed 3/11/08 - 16FI) $7,240,592 $398,594,018
Purpose: To recognize carry forward
resulting from the FY07 excess turn back
from elected Officials.
EMS (Passed 3/11/08 - 16F I) $2,538,000 $27,757,348
Purpose: To recognize excess FY07
turn back funds from the Tax Collector
to replace anticipaled reduced ambulance
fee revenues.
17F
I ~,,.,,.
)',
May 2, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: NOTICE OF PROPOSED AMENDMENT TO FY08 ADOPTED
BUDGET
Dear Legals:
Please advertise the above referenced notice on Friday, May 9, 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.lAccount # 4500093749
COUNTY OF COLLIER
NOTICE OF PUBLIC HEARING
COLLIER COUNTY, FLORIDA PROPOSES TO AMEND
ITS FISCAL YEAR 2007-08 ADOPTED BUDGET (SECOND QUARTER)
17F
All interested parties are invited to attend a public hearing on this matter to be held on May 13, at 9:00 a.m. or soon
thereafter, in the County Commissioner's Boardroom, 3rd Floor, Collier County Government Center, W. Harmon Turner
Building, 3301 Tamiami Trail East, Naples, Florida.
A copy of the proposed Budget Amendment Resolution and background material will be available for public inspection on
weekdays between 8:00 a.m. and 5:00 p.m. at the Office of Management and Budget, 2nd Floor, W. Harmon Turner
Building.
A final decision on the amendments will be made at this meeting.
Listed below are the amendments to be considered and their purpose.
Board of County Commissioners
Collier County, Florida
Thomas Henning, Chairman
Dwight E. Brock, Clerk of Courts
Budget
Amend.
No.
08-145
Fund
No.
313
08-150
001
08-159
390
08-182
313
08-183
414
08-190
001
08-191
490
Change Fund
Fund Title Amount Total
Gas Tax Canst Fund (Passed 1/15/08 - 16B5) $700,000 $192,026,031
PURPOSE: To appropriate funds for capital
improvements to bridges.
General Fund (Passed 10/9/07 - 16E4) $531 $391,353,426
PURPOSE: To recognize commission on sales
from the Book Fair.
Governmental Facilities Impact Fee $546,600 $88,256,037
(Passed 1/29/08 - lOA)
PURPOSE: To recognize loan proceeds.
Gas Tax Canst. (Passed 2/12/08 - 16B2) $88,000 $192,114,03 I
PURPOSE: To recognize funds transferred
from Fund 427 to be used towards installation
of sewer connection at the CAT facility.
Wastewater Capital Projects Fund $450,000 $53,388,677
(Passed 12/11/07 - lOG)
PURPOSE: To recognize carry forward to
cover work due to new regulatory constraints.
General Fund (Passed 3/11/08 - 16F1) $7,240,592 $398,594,018
PURPOSE: To recognize carry forward
resulting from the FY07 excess turn back
from elected Officials.
EMS (Passed 3/1l/08 - 16F I ) $2,538,000 $27,757,348
PURPOSE: To recognize excess FY07
turn back funds from the Tax Collector
to replace anticipated reduced ambulance
fee revenues.
17F
i
Teresa L. Polaski
From:
Sent:
To:
Subject:
Teresa L. Polaski
Friday, May 02, 2008 1 :03 PM
'Iegals@naplesnews.com'
Notice of Proposed Amendment to the FY08 Adopted Budget
Attachments:
Notice of Proposed Amendment to FY08 Adopted Budget.doc; Amending FY08 Adopted
Budget 5-13-08.doc
Legals,
Please advertise the following on Friday, May 9, 2008. Thanks
Notice of Proposed Amending FY08
Amendment t... Adopted Budget 5...
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po las ki@collierc lerk. com)
1
17 F ~..
Teresa L. Polaski
From:
Sent:
To:
Subject
postmaster@collierclerk.com
Friday, May 02, 2008 1 :03 PM
Teresa L. Polaski
Delivery Status Notification (Relay)
Attachments:
ATT795145.txt; Notice of Proposed Amendment to the FY08 Adopted Budget
[J.
"'--";
..,-
D
ATl795145.txt
(231 B)
Notice of Proposed
Amendment t...
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
Teresa L. Polaski
Page 1 of2
17F
From: HutchinsonBarbetla [BarbetlaHutchinson@colliergov.net]
Sent: Monday, May 05, 2008 10:54 AM
To: Teresa L. Polaski
Subject: RE:
The p.o. number is 4500093749. Thank you for being so patient! You're awesome!
Barbetta Hutchinson
Executive Secretary
Office of Management and Budget
Barbetta Hutch i nson@colliergov.net
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Sent: Monday, May 05, 2008 8:39 AM
To: HutchinsonBarbetta
Subject: RE:
That's ok.
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
From: H utchi nson Barbetta [mailto: Barbetta Hutchi nson@colliergov . net]
Sent: Monday, May 05, 2008 8:33 AM
To: Teresa L. Polaski
Subject: RE:
I've got a call in to purchasing to find out how to do this. Sorry! I'll get it to you as soon as I can!
Barbetta Hutchinson
Executive Secretary
Office of Management and Budget
Barbetta Hutch inson@colliergov.net
5/5/2008
17a~2 of2
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Sent: Monday, May 05, 2008 8:20 AM
To: HutchinsonBarbetta
Subject: RE:
I have no idea about the purchase order thing. Sorry. As soon as you can get that number. I will send it to NON.
Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
From: H utchi nsonBarbetta [ma ilto: Barbetta Hutch i nson@coliiergov . net]
Sent: Monday, May 05, 2008 7:50 AM
To: Teresa L. Polaski
Subject:
Here's the Word document for the ad. I couldn't find "minutes & records" in our directory, then I went for coffee
and forgot about sending it to you. I hope you didn't have to type it again. I was so excited about having Friday
off I got carried away. Here's the problem - I'm not sure how to do a P.O. without knowing how much the ad will
cost. Do you know?
Thanks!1
Barbetta Hutchinson
Executive Secretary
Office of Management and Budget
Barbetta Hutch i nson@colliergov.net
5/5/2008
Notice of Proposed Amendment to the FY08 Adopted Budget
Page 1 of 1
17F ,,">
Teresa L. Polaski
From: Perrell, Pam [PPerrell@Naplesnews.com]
Sent: Friday, May 02, 2008 2:56 PM
To: Teresa l. Polaski
Subject: RE: Notice of Proposed Amendment to the FY08 Adopted Budget
OK
From: Teresa L, Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Friday, May 02, 2008 1:03 PM
Posted To: Legals - NDN
Conversation: Notice of Proposed Amendment to the FY08 Adopted Budget
Subject: Notice of Proposed Amendment to the FY08 Adopted Budget
Legals,
Please advertise the following on Friday, May 9, 2008. Thanks
<<Notice of Proposed Amendment to FY08 Adopted Budget.doc>> <<Amending FY08 Adopted Budget 5-13-
08.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Polaski@collierclerk.com)
5/2/2008
PUBLIC NOTICE
PUBLIC NOTICE
PUBLIC NOTICE
PUBLIC NOTICE
17F
(",
COUNTY OF COLLIER
NOTICE OF PUBLIC HEARING
COLLIER COUNTY, FLORIDA PROPOSES TO AMEND
ITS FISCAL YEAR 2007-08 ADOPTED BUDGET (FIRST QUARTER)
All interested parties are invited to attend a public hearing on this matter to be held on May 13, 2008 at 9:00 a.m. or soon
thereafter, in th~ County Commissioner's Boardroom, 3rd Floor, Collier County Government Center, W. Harmon Turner
Building, 3301 Tamiami Trail Easl, Naples, Florida.
A copy of the proposed Budget Amendment Resolution and background material will be available for public inspection
on weekdays between 8:00 a.m. and 5:00 p.m. at the Office of Management and Budget, 2nd Floor, W. Harmon Turner
Building.
A final decision on the amendments will be made at this meeting.
Listed below are the amendments to be considered and thcirpurpose.
Dwight E. Brock, Clerk of Courts
Board of County Commissioners
Collier County, Florida
Thomas Henning, Chairman
Budget
Amend.
No.
Change
Amount
Fund
No.
Fund Title
Gas Tax Const Fund (Passed 1115/08 , 16B5)
Purpose: To appropriate ftinds for
capital improvqments to bridges.
$700,000
08-145
313
08-150
001
General Fund (Passed 10/9107 - 16E4)
Purpose: To recognize commission on
sales from the Book Fair.
$531
08-159
390
Governmental Facilities Impact Fee
(Passed 1/29108 --IDA)
Purpose: To recognize loan proceeds.
$546,600
08-182
313
Gas Tax Cons!. (Passed 2/12108 - 16B2)
Purpose: To recognize funds transferred
from Fund 427 to be used towards installation
of sewer connection at the CAT facility.
Wastewater Capital Projects Fund
(Passed 12/11/07 - I OG)
Purpose: To recognize carry forward to
cover work due to new regulatory constraints.
$88,000
08-183
414
$450,000
.190
General Fund (Passed 3/11/08 - 16FI)
Purpose: To recognize carry forward
resulting from thc FY07 excess turn back
from elected Officials.
$7,240,592
001
490
EMS (Passed 3/11108 - 16fT)
Purpose: To recognize excess FY07
turn back funds from the Tax Collector
to replace anticipated reduced ambulance
fee revenues.
$2,538,000
Fund
Total
$192,026,031
$391,353,426
$88,256,037
$192,114,031
$53,388,677
$398,594,018
$27,757,348
Mev 9 200.6
I
Th,Th,
NAPLES DAILY NEWS
Published Dail~
N<lples. 1..1..',) 1112
Affidavit of Publication
State of Florida
Connty of Collier
Before the undersigned thc~ serve as the authority. personally
appeared B. L_illnb, who on oath says that the)
SCf\'C as the Assistant Corporate Secreta!) of the Naples Daily.
a daily nc\\spapcr published at Naples. in Collier County.
Florida: distribulcd in Collier and Lee counties or Florida: that
the attached COP) of the ad\'crtising. being a
PILI.lI..K NQTICr:
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
On ~1.ilY 9'''. 2008
.\tfiant fur1hcr says that the said :"apJ.::s Dail)' :\<.:\\'s is a newspapel
Puhlishcd:lt :\apks_ in collier county. Florida and that the ;;,lid
n.:wspap",r has hcrcloforc hc.:n continuous]v puhlished in said Col1i;:r
('OUlIt\". \'Iorida: distrihllkd in Colli..:r and I.;:,; <:oullti;:s of Florida.
<',\(.:h da\' <lnd has h('~n ~nkrcd as s~~ol1d class rnail malt;:r al th~ pllS!
otlic.: ill \:apks. \11 said Colli~r ('nUll!\,. rJoflda, jll(" a p.:rilld of I
\~al 1l~"1 pr~c:cdillg th.:: tirst puhlication \Ifth.: al1adl.:d copy of
alh~r[lscm.:nL and <ltliant fur111~1 S,l\~ tha! h\.' has l1\.'ithl.'l" paid nor
prUl11i'I.'J <IllY lh;i>UIl. liflll or ~,)q)()i<lli<lll ,1Il\ di~L'''llll1. I.:bat..:.
L'oll1l11ission or rdlllld j""l Ill.: purpos': llt s.:.:uring this ad\ ..:rtisL'1l1Cnt for
plIhliL',nioll intlk' said Il<.'\\_'pa ":1
_m-rf-. .
l Signature of affiant)
Sworn to and subscribed before me
ThIS ~";. D,,, Of VI,,, 200X
. .
(Sig1l3~ PU~~~
FEI :,l).2:;7~t127
,.,...;:,...... JUDY JANES
/1/' "1',,\ Commission DD 675029
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17F
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 Olllce. 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
excePtion afthe Chairman's signature, draw a line throuP'h rautinp lines # I through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing: order)
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 afthe original document pending BeC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff John Yonkosky
Contact
Agenda Date Item was 5/13108
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Resolution
-liD
Number of Original
Documents Attached
X8088
Yes
(Initial)
Yes
N/A (Not
A licable)
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/initialcd 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 entcred as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on ~ 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.
i\y
Yes
2.
3.
4.
5.
6.
Yes
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:
May 14, 2008
To:
John Yonkosky, Budget Director
Management & Budget Office
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2008-140:
Amending the Budget for FY 07-08
Attached, for your records you will find one (1) copy of the Resolution, as
referenced above, (Agenda Item #17F), adopted by the Board of County
Commissioners on Tuesday, May 13, 2008.
If you should have any questions, please call 252-8406.
Thank you.
Attachment (1)
17F'~
17F
~.v.
RESOLUTION NO. 08- 140
A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES,
TO AMEND THE BUDGET FOR THE 2007-08 FISCAL YEAR.
WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also
referred to as "BoardU) at any time within a fiscal year may amend a budget for that year, and provides the procedures
therefor; and
WHEREAS, the Board of County Commissioners of Collier County, Florida, has received copies of budget
amendments which provide for but are not limited to: anticipated carry forward, unanticipated revenue, and/or receipts of a
nature from a source not anticipated in the budget and received for a particular purpose; appropriations for expenditures in
particular funds that should be decreased and other appropriations in the same fund that should be correspondingly
increased; appropriations from the reserve for contingencies; appropriations from the reserve for future construction and
improvements; and increased receipts for enterprise or proprietary funds received for a particular purpose; and
WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2007-08 by
resolution pursuant to Section 129.06, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSiONERS OF COLLIER
COUNTY, FLORIDA, that the budget amendments to the FY 2007-08 Budget described below are approved and hereby
adopted and the FY 2007-08 Budget is so amended.
FUND
BUDGET
AMENDMENT
NUMBERS
INCREASE
(DECREASE)
CARRY
FORWARD
OR
INTERFUND
TRANSFERS
INCREASE
(DECREASE)
RECEIPT
INCREASE
(DECREASE)
EXPENDITURE
INCREASE
(DECREASE)
RESERVES
INCREASE
(DECREASE)
INTERFUND
TRANSFERS
313 08-145 $700,000 $700,000
001 08-150 $531 $531
390 08-159 $141,300 405,300 $546,600
313 08-182 $88,000 $88,000
414 08-183 $450,000 $450,000
001 08-190 $7,240,592 $4,702,592 $2,538,000
490 08-191 $2,538,000 $2,538,000
BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among
the minutes of this meeting for permanent record in his office.
This Resolution adopted this 13'" day of May, 2008, after motion, second and majority vote.
.f ,"
;".
it
# 11L
ATTEST:
DWIGHT E. B~bcK, Clerk
App
legal
-1-